Defence Determination 2017/4, Disturbance allowance and vehicle allowance – amendment

Administered by Department of Defence

Legislation au F2017L00106 Not in force Legislative Instrument

Legislation content

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

 

 

Overview

The Defence Determination 2017/4, enacted to amend Defence Determination 2016/19, was introduced under section 58B of the Defence Act 1903 by the Australian government. This legislation aims to adjust the disturbance allowance and vehicle allowance rates for members of the Australian Defence Force (ADF), ensuring that these allowances are aligned with changes in the Consumer Price Index and other relevant economic indicators. The objective is to provide a fair compensation mechanism for ADF members who face economic hardships due to relocations and the use of their private vehicles for duty or leave travel. The determination was made in accordance with established policy and deemed not to require consultation as it falls within routine administrative adjustments. The Determination, which came into effect on 6 April 2017, was assessed for compatibility with human rights as required by the Human Rights (Parliamentary Scrutiny) Act 2011. It was concluded that the amendments to allowances do not infringe upon the human rights of ADF members, particularly their right to just and favourable conditions of work as protected under Article 7 of the International Covenant on Economic, Social and Cultural Rights. The adjustments are intended to maintain the balance between the legitimate objectives of the ADF and the rights of its members, ensuring that any economic disadvantages resulting from relocations or duty travel are reasonably mitigated.

Scope and Application

The Defence Determination 2017/4 amends Defence Determination 2016/19, specifically addressing conditions of service for members of the Australian Defence Force (ADF). This Determination applies to members of the ADF and is made under section 58B of the Defence Act 1903, which allows for the establishment of service conditions. The amendments pertain to relocations and travel within Australia, including adjustments to disturbance allowance and vehicle allowance rates. These adjustments are in response to changes in the Consumer Price Index and data from a recognised service provider, aiming to ensure compensation remains fair and relevant. The Determination comes into effect on 6 April 2017 and is consistent with human rights, specifically ensuring the right to just and favourable conditions of work by adjusting allowances to prevent economic hardship due to relocations and travel within Australia.

Key Provisions

Defence Determination 2017/4 amends Defence Determination 2016/19, primarily adjusting the rates of disturbance allowance and vehicle allowance for Australian Defence Force (ADF) members. This is evident in Sections 5, 6, 7 and 8, which adjust the compensation rates for relocations and travel within Australia. Specifically, Section 5 modifies the rates for disturbance allowance to account for inflation, as indicated by a 2.8% movement in the All Groups component of the Consumer Price Index for the period September 2014 to September 2016. Section 6 adjusts the rate for compensating a member whose child has to change schools due to an ADF removal, also reflecting this 2.8% movement. Section 7 and 8, on the other hand, revise vehicle allowance rates, reducing them by an average of 5.1% and 5.7% respectively based on data from a recognised provider. The obligations imposed by this Determination on ADF members include adhering to the updated rates for disturbance and vehicle allowances when relocating or travelling for duty. For instance, members are now entitled to a higher disturbance allowance to offset the costs associated with relocating to a new posting location. Similarly, the revised vehicle allowance rates apply when members use their private vehicles for duty or leave travel, ensuring they are compensated appropriately for any expenses incurred. These adjustments are designed to maintain fair and favourable conditions of work for ADF members. The Determination does not specify any offences, penalties, or consequences for breach within the text. However, as a legislative instrument, any non-compliance with the Defence Act 1903 or the Acts Interpretation Act 1901 could potentially lead to legal repercussions. The Defence Act includes provisions for disciplinary actions and other penalties for breaches of service conditions, although these are not detailed in the Determination itself. Given the routine nature of these adjustments and their alignment with established policy, the likelihood of significant enforcement action is low. Nonetheless, ADF members are expected to comply with the updated allowance rates as set out in the Determination.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Adjustment of Allowances

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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.