Defence Determination 2017/42, Living-in accommodation – amendment

Administered by Department of Defence

Legislation au F2017L01681 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination 2017/42

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.

Chapter 7 of the Principal Determination sets out provisions dealing with housing and meals for members of the Australian Defence Force (ADF).

The purpose of this Determination is to set out revised rates of contribution that members must make for their living-in accommodation. Living-in accommodation is a type of military accommodation that is provided for some single members, or members who do not have their families with them.

Section 1 of this Determination sets out the name of this Determination.

Section 2 provides that this instrument commences on 25 January 2018.

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 amends the Defence Determination 2016/19, Conditions of service

Section 1 amends subsection 7.4.29.2 of the Principal Determination, which provides the rental contribution a member must make towards single bedroom apartment accommodation in Homebush or North Strathfield. The fortnightly contribution is increased from $265.70 to $267.03. The adjustment reflects a 0.5% increase in the 'rents' sub-component of the Consumer Price Index over the 12 month period September 2016 to September 2017.

Section 2 omits and substitutes Annex.7.4.B of the Principal Determination, which sets out a schedule of living-in accommodation contribution rates for members. Rates have been increased by 0.5% in line with the 'rents' sub-component of the Consumer Price Index over the 12 month period September 2016 to September 2017.

Section 3 amends subsection 7.9.6.3 of the Principal Determination, which provides the fortnightly meal contribution for a member who regularly dines in the mess. The rate is increased from $180.00 to $195.00. The member contribution amount is set at half the average cost to Defence during Financial Year 2016-17. The fortnightly contribution rate is the total casual meal charge for a day (three meals), provided under section 7.9.8 of the Principal Determination multiplied by 10.

Sections 4 and 5 amend paragraphs 7.9.8.b and 7.9.8.c of the Principal Determination respectively. The section provides the amount a member must contribute for breakfast, lunch and dinner in a mess on a casual basis. The breakfast rate remains unchanged, the lunch rate is increased from $7.00 to $7.50 and the dinner rate is increased from $6.00 to $7.00. The member contribution amounts are set at half the average cost to Defence during Financial Year 2016-17.

Section 6 amends subsection 7.10.9.1 of the Principal Determination, which provides the fortnightly contribution a member who lives in must pay towards the cost of utilities. The fortnightly contribution is increased from $44.18 to $48.11. This adjustment reflects an 8.9% increase in the 'utilities' sub-component of the Consumer Price Index over the 12 month period September 2016 to September 2017.

 


Consultation

Consultation is not considered necessary in the annual review of Living-in accommodation contribution rates, meal contributions or the utilities paid by members who live in as this process falls within the bounds of the routine annual review process. The data used is provided by recognised data providers and 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 2017/42, Living-in accommodation – 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 purpose of this Determination is to set out revised rates of contribution that members must make for their living-in accommodation. Living-in accommodation is a type of military accommodation that is provided for some single members, or members who do not have their families with them.

Human rights implications

Right to an adequate standard of living.

The person’s right to an adequate standard of living engages article 11 of the International Covenant on

Economic, Social and Cultural Rights. Article 11 ensures the realisation of this right, recognising to this

effect the essential importance of an adequate standard of living. This includes housing.

Legitimate objective: ADF members may be required to live in on a military base to satisfy an

operational, training or duty of care requirement. This could limit the standard of accommodation available to members. It could also cause a member to be separated from their family.

 

Reasonable, necessary and proportionate: Living-in accommodation is provided to meet the operational,

training and duty of care responsibilities of Defence. Members are required to make contributions towards

their living-in accommodation. The subsidy the Commonwealth provides is 60% for Level 1 and Level 2

accommodation and 50% for Level 3, Level 4 and Level 5 accommodation. These subsidy levels differ to

recognise the difference in age and quality of the accommodation. The rates in this Determination have

been adjusted to reflect changes in the Consumer Price Index. This also helps maintain the value of the Commonwealth subsidy as a proportion of the costs. The changes in this Determination assist members in maintaining their right to an adequate standard of living by providing them with financial assistance towards the cost of accommodation, utilities and meals.

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 2017/42, enacted under the Defence Act 1903, was introduced to address the need for periodic adjustments to the rates of contribution that members of the Australian Defence Force (ADF) must make towards their living-in accommodation. The Defence Act provides the authority for Defence to set these rates through determinations, which are subject to disallowance by Parliament and interpretation principles under the Acts Interpretation Act 1901. The policy objective behind this Determination is to ensure that the contributions made by ADF members towards their accommodation, meals, and utilities remain aligned with the changes in the Consumer Price Index, thus maintaining the affordability and value of the Commonwealth subsidy. The adjustment of these rates is considered a routine annual review process and does not require consultation, as it relies on established policy and recognised data providers. This Determination ensures that ADF members are not disproportionately burdened by rising costs while also supporting their right to an adequate standard of living.

Scope and Application

The Defence Determination 2017/42, made under section 58B of the Defence Act 1903, applies to members of the Australian Defence Force (ADF) who reside in living-in accommodation, which includes single members or those without their families present. The determination revises the rates of contribution that these members must make for their living-in accommodation, utilities, and mess meals. This adjustment ensures that the financial burden on the members remains proportionate to changes in the Consumer Price Index. The Determination is effective across the Commonwealth, impacting all ADF members residing in the specified types of accommodation. The rates are adjusted based on the 'rents' and 'utilities' sub-components of the Consumer Price Index, ensuring the changes are reflective of economic conditions over a specific period. Notably, this instrument does not require additional consultation beyond its routine annual review process, as the adjustments are made according to established policy using recognised data providers. Furthermore, the Determination aligns with human rights by ensuring that the financial contributions required from members are reasonable, necessary, and proportionate, thereby maintaining their right to an adequate standard of living.

Key Provisions

The Defence Determination 2017/42 amends the Defence Determination 2016/19, Conditions of service, which is governed under section 58B of the Defence Act 1903. The main operative sections of this Determination are those that revise the rates of contribution that Australian Defence Force (ADF) members must make for their living-in accommodation. Section 1 of the Determination names it, while Section 2 specifies its commencement date of 25 January 2018. Section 3 provides the authority for this instrument under section 58B of the Defence Act. Schedule 1 details the specific amendments to the Principal Determination. For instance, Section 1 of Schedule 1 increases the fortnightly contribution for single bedroom apartment accommodation in Homebush or North Strathfield from $265.70 to $267.03, reflecting a 0.5% increase in the 'rents' sub-component of the Consumer Price Index over the 12-month period from September 2016 to September 2017. The Determination imposes specific obligations on ADF members. Members residing in living-in accommodation are required to contribute towards their accommodation costs, which include contributions for single bedroom apartments, utilities, and meals. The contribution rates have been adjusted to reflect changes in the Consumer Price Index. For example, under Section 2 of Schedule 1, the contribution rates for various types of living-in accommodation have been increased by 0.5%. Similarly, Section 3 of Schedule 1 increases the fortnightly meal contribution for members who regularly dine in the mess from $180.00 to $195.00. Furthermore, Section 6 of Schedule 1 adjusts the fortnightly contribution for utilities from $44.18 to $48.11, reflecting an 8.9% increase in the 'utilities' sub-component of the Consumer Price Index over the same period. Any breach of the provisions set out in this Determination could lead to civil or administrative consequences, though specific penalties are not detailed within the text. The obligations placed on ADF members are primarily financial in nature, and failure to comply with these contribution rates could potentially lead to disputes or administrative reviews. The Determination itself is compatible with human rights as it ensures that ADF members receive reasonable, necessary, and proportionate financial assistance towards the cost of their living-in accommodation, thereby supporting their right to an adequate standard of living as outlined in article 11 of the International Covenant on Economic, Social and Cultural Rights.

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