EXPLANATORY STATEMENT
Defence Determination 2017/4
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 which set out provisions for members of the Australian Defence Force (ADF).
- Chapter 6 sets out provisions dealing with relocations on postings within Australia.
- Chapter 9 sets out provisions dealing with travel within Australia.
The purpose of this Determination is to make an adjustment to disturbance allowance and vehicle allowance rates.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 of this Determination provides that the Determination commences on 6 April 2017.
Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.
Section 4 specifies that the amendment is made to the Principal Determination, as amended.
Section 5 amends the table in subsection 6.1.6.2 of the Principal Determination. The table provides rates for disturbance allowance to compensate members for incidental relocation costs. The rates have been adjusted to reflect a 2.8% movement in the All Groups component of the Consumer Price Index for the period September 2014 to September 2016.
Section 6 amends subsection 6.1.12.1 of the Principal Determination. The subsection provides a payment for a member whose child has to change schools due to an ADF removal. This rate has been increased to reflect a 2.8% movement in the All Groups component of the Consumer Price Index for the period September 2014 to September 2016.
Section 7 substitutes the table in paragraph 9.6.25.1.b of the Principal Determination, which provides vehicle allowance rates for various vehicle engine sizes. The rates are decreased on average by 5.1% as advised by a data service provider.
Section 8 amends subsection 9.6.26.1 of the Principal Determination, which provides an additional rate of vehicle allowance to compensate members whose vehicle carries extra passengers or equipment. The rate is decreased by 5.7% as advised by a data service provider.
Consultation
Consultation is not considered necessary in the allowance adjustment process as this falls within the bounds of routine, house keeping of an established benefit. The adjustments are either aligned with the Consumer Price Index or from data from a recognised data provider. They 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 2017/4, Disturbance allowance and vehicle 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
The Determination makes an adjustment to disturbance allowance and vehicle allowance rates.
Human rights implications
This Determination engages the following human rights:
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.
Legitimate objective: Some Defence members are regularly posted to perform duty in different locations. This could cause the member and their family economic hardship during the move to the posting location.
Reasonable, necessary and proportionate: This Determination adjusts disturbance and vehicle allowances to ensure that an affected person continues to receive just and favourable compensation. Further, members and their family should not suffer a disadvantage resulting from the expenses incurred when they are required to live and work in a new posting location or to use their private motor vehicle on duty or leave travel.
Conclusion
This Determination is compatible with human rights because it does not limit any human rights.
Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions