EXPLANATORY STATEMENT

Defence Determination 2017/36

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.

This Determination amends Chapter 4 of the Principal Determination, which sets out provisions dealing with allowances and reimbursements for members of the Australian Defence Force.

This Determination has the following two purposes:

• To make consequential amendments to the Principal Determination by substituting references to the Defence Enterprise Collective Agreement 2012-2014 which has been replaced by the Defence Enterprise Agreement 2017-2020.
• To make routine adjustments to allowances for members in remote locations. These are based on changes in the Consumer Price Index or figures supplied by a contracted service provider.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 is the commencement provision for the Determination and includes a table setting out the details of the commencement of sections of the Determination. Column 1 of the table sets out the provisions in numbered items, column 2 sets out the commencement and column 3 sets out date/details. Information in column 3 does not form part of the Act, so information can subsequently be inserted in the column (or edited) in a published version of the Determination. Item 1 in the table provides that the whole of this Determination commences on 30 November 2017.

Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedules 1 and 2 amend Defence Determination 2016/19, Conditions of service

Schedule 1 amends section 1.1.3 and subsection 1.6.1.3 of the Principal Determination to amend references as a consequence of the commencement of the new Defence Enterprise Agreement 2017-2020.

• Section 1 omits the acronym for the former enterprise agreement as that agreement is no longer in effect.
• Section 2 amends the example in subsection 1.6.1.3 to include the current name of the new Defence Enterprise Agreement 2017-2020.

Schedule 2 makes the following routine adjustments to location allowances in Chapter 4 Part 4 of the Principal Determination.

• Section 1 omits and substitutes the table in section 4.4.9 of the Principal Determination. The table provides rates of district allowance for a member who 'lives in' at a remote location. The allowance rates are increased in line with the All Groups component of the Consumer Price Index for the 12 month period ending March 2017 (2.1%). The figures are 35% of the 'living out' rates for a member with dependants. The underlying figures are then rounded to the nearest five dollars.
• Section 2 omits and substitutes the table in subsection 4.4.10.1 of the Principal Determination. The table provides rates of district allowance for a member who 'lives out' at a remote location. The allowance rates are increased in line with the All Groups component of the Consumer Price Index for the 12 month period ending March 2017 (2.1%). The underlying figures are then rounded to the nearest five dollars. Item 2.b of the table is updated to remove the reference to the Defence Enterprise Collective Agreement 2012-2014 and is updated to incorporate the new Defence Enterprise Agreement 2017-2020. The agreement is being incorporated by reference as at the date of its commencement. It commenced on 16 August 2017. The agreement is available at http://www.defence.gov.au/PayandConditions/APS/DEA-2017-2020.pdf.
• Section 3 omits and substitutes the table in subsection 4.4.19.2 of the Principal Determination. This amendment adjusts the yearly rates of Port Wakefield allowance. The allowance rates are increased in line with the All Groups component of the Consumer Price Index for the 12 month period ending March 2017 (2.1%). The underlying figures are then rounded to the nearest five dollars.
• Section 4 amends section 4.4.24 of the Principal Determination. This amendment adjusts the annual rate of Scherger allowance. The allowance is increased in line with movement in the Transport component of the Consumer Price Index for the 12 month period ending March 2017 (3.8%). The underlying figure is then rounded to the nearest five dollars.
• Section 5 omits and substitutes the table in section 4.4.31 of the Principal Determination, adjusting the yearly rates of Antarctic allowance. The allowance rates are increased by 2.1%, in line with new rates advised by a contracted service provider.

Consultation

Consultation is not considered necessary for the annual location allowances adjustment. These are routine changes to location allowances. The changes are based on movements in the Consumer Price Index. These adjustments are made according to an established policy.

Authority:  Section 58B of the
Defence Act 1903

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Determination 2017/36, Location allowances and references to Defence Enterprise Agreement – amendment

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This Determination has the following two purposes:

• To make consequential amendments to the Principal Determination by substituting references to the Defence Enterprise Collective Agreement 2012-2014, which has been replaced by the Defence Enterprise Agreement 2017-2020.
• To make routine adjustments to allowances for members in remote locations. These are based on changes in the Consumer Price Index or figures supplied by a contracted service provider.

Human rights implications

Right to the enjoyment of just and favourable conditions of work

The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 guarantees just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

ADF members who are posted to some remote locations may experience adverse living conditions during service. This could cause significant adverse effect on the lifestyle or welfare of members and their dependants, as a result of the living conditions at the remote location. Those hardship conditions can include but are not limited to climate, health care facilities, infrastructure and isolation.

ADF location allowances provide additional benefits, beyond the normal rates of remuneration, to assist the member and their family to not suffer a disadvantage because of the requirement for the member to live and work in a remote location.

The changes to the references to the Defence Enterprise Collective Agreement 2012-2014 do not affect members directly and have no impact on human rights.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Phillip John Hoglin, Acting Assistant Secretary People Policy and Employment Conditions