Defence Determination 2017/37, Additional risk insurance and deployment allowance – amendment

Administered by Department of Defence

Legislation au F2017L01362 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

Defence Determination 2017/37

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 the following Chapters of the Principal Determination for members of the Australian Defence Force (ADF).

  • Chapter 4 of the Principal Determination sets out provisions dealing with allowances and reimbursements.
  • Chapter 17 of the Principal Determination sets out provisions dealing with warlike and non-warlike deployments.

This Determination has the following purposes:

  • To increase the maximum amount a member may be reimbursed for additional risk life insurance.
  • To increase the daily deployment allowance rates for members deployed on overseas operations.
  • To remove Operation PALATE II from a list of operations for which deployment allowance is payable and to reorder the list alphabetically.

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 section 1 amends subsection 4.10.4.1 of the Principal Determination, which sets the maximum amount that a member may be reimbursed for the additional costs of buying life insurance, due to the nature of ADF duties. The rate that may be reimbursed for life insurance is increased by 2%, and then rounded to the nearest dollar. This is in line with the adjustment to the salaries of ADF members under the ADF Workplace Remuneration Arrangement, published at www.dfrt.gov.au.


Schedule 1 section 2 substitutes the table in subsection 17.7.6.1 of the Principal Determination, which provides the daily rates of deployment allowance payable to members deployed on various warlike and non-warlike operations.

The following changes have been made to the table:

  • The daily rates for deployment allowance are increased by 2%. The change to the rates of deployment allowance are in line with the adjustment to the salaries of ADF members under the ADF Workplace Remuneration Arrangement, published at www.dfrt.gov.au.
  • Operation PALATE II has been removed from the table as this has not been an active operation since 11 March 2017. No personnel were assigned to this operation beyond this date.
  • The table has been reordered alphabetically.

 

Consultation

Consultation is not considered necessary in the annual additional deployment allowance adjustment processes as it falls within the bounds of routine, house keeping of established benefits. The adjustments are made according to 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 2017/37, Additional risk insurance and deployment allowance – 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.

Overview of the Determination

This Determination has the following purposes:

  • To increase the maximum amount a member may be reimbursed for additional risk life insurance.
  • To increase the daily deployment allowance rates for members deployed on overseas operations.
  • To remove Operation PALATE II from a list of operations for which deployment allowance is payable and to reorder the list alphabetically.

Human rights implications

Right to the enjoyment of just and favourable conditions of work

The protection of a person's right to leave and holidays 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.

Legitimate objective: Defence members may be required to perform duty in overseas locations which are areas of military conflict. Defence members who are deployed to some overseas locations will experience adverse conditions during service. These members are compensated for conditions that can include but are not limited to hazard, stress, climate, health care facilities, infrastructure and isolation.

Reasonable, necessary and proportionate: Defence requires its members to perform duty in these locations and therefore provides additional benefits, beyond the normal overseas conditions of service. Deployment allowance helps financially to compensate members for the conditions they encounter while on deployment.

This Determination increases deployment allowance rates by 2% in line with the increase to salary and other salary related allowances. It also makes an adjustment to the maximum annual amount Defence may contribute towards the cost of a member's life insurance. The assistance ensures the member is not financially disadvantaged because of the nature of their work.

Conclusion

This Determination is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

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

 

 

 

 

Overview

The Defence Determination 2017/37, made under section 58B of the Defence Act 1903, amends the conditions of service for members of the Australian Defence Force (ADF) by adjusting the reimbursement for additional risk life insurance and the daily deployment allowance rates for members deployed on overseas operations. Enacted by the Australian Parliament, the objective of this determination is to ensure that ADF members are appropriately compensated for the risks and adverse conditions they encounter during service, particularly in overseas locations. This is achieved by increasing the reimbursement rates in line with the adjustments to the ADF members' salaries and other allowances, thereby maintaining the financial benefits in relation to the nature of their duties. Additionally, this determination removes Operation PALATE II from the list of operations eligible for deployment allowance, reflecting its cessation, and reorders the list alphabetically for clarity. The Defence Determination 2017/37 aligns with the human rights and freedoms recognised in international instruments, particularly Article 7 of the International Covenant on Economic, Social and Cultural Rights, which guarantees just and favourable conditions of work. The policy objective of providing enhanced compensation for ADF members deployed in challenging conditions is deemed reasonable, necessary, and proportionate, ensuring that the members are not financially disadvantaged due to the nature of their work. The adjustments made through this determination are consistent with established policy and do not require further consultation as they pertain to routine adjustments of benefits.

Scope and Application

Defence Determination 2017/37 amends Defence Determination 2016/19, which deals with conditions of service within the Australian Defence Force (ADF). This Determination applies to ADF members, specifically impacting those who receive allowances and reimbursements, and those deployed on overseas operations. It increases the maximum reimbursement for additional risk life insurance and adjusts the daily deployment allowance rates for members deployed in warlike or non-warlike operations. Additionally, it removes Operation PALATE II from the list of operations for which deployment allowance is payable due to its inactivity since March 2017, and reorders the list alphabetically. The adjustments are aligned with changes in ADF members' salaries and are considered routine, thus consultation was deemed unnecessary. The Determination extends to the Commonwealth level and is subject to disallowance under the Legislation Act 2003 and interpretation principles in the Acts Interpretation Act 1901, as modified by the Defence Act. The Determination is compatible with human rights, ensuring that the adjustments to allowances are reasonable, necessary, and proportionate to the conditions ADF members may encounter during their service.

Key Provisions

The Defence Determination 2017/37 amends Defence Determination 2016/19, primarily focusing on adjustments to the conditions of service for members of the Australian Defence Force (ADF). This includes changes to allowances and reimbursements, particularly for additional risk life insurance and deployment allowances for overseas operations. The determination modifies the maximum reimbursement for additional risk life insurance, increasing it by 2% and rounding to the nearest dollar, which aligns with the recent adjustments to ADF members' salaries (Schedule 1 section 1). Additionally, the daily deployment allowance rates for members on overseas operations are increased by 2%, and Operation PALATE II is removed from the list of operations for which deployment allowance is payable, with the remaining operations listed alphabetically (Schedule 1 section 2). This legislation imposes several obligations on the ADF and its members. It requires that the ADF adjust the reimbursement rates for additional risk life insurance to align with the updated rates set out in the determination. The ADF must also ensure that deployment allowance rates are increased as per the new rates specified. Members of the ADF deployed on overseas operations will receive these increased allowances, provided they meet the criteria set forth in the amended provisions. The ADF is also obligated to remove Operation PALATE II from the list of operations eligible for deployment allowance and to reorder the list alphabetically. Breach of the provisions outlined in this determination could result in administrative penalties, although the specific nature of these penalties is not detailed within the determination itself. The maximum penalties for non-compliance with Defence Act provisions are not explicitly mentioned in the explanatory statement. However, generally, breaches of Defence Act provisions can attract penalties under the Defence (General) Regulations 1968, which may include fines and other sanctions. For more specific penalties related to non-compliance with this determination, further reference to the Defence Act and associated regulations would be necessary.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.