Defence Determination, Conditions of Service Amendment (Additional risk insurance and Deployment allowance) Determination 2018 (No. 38)

Administered by Department of Defence

Legislation au F2018L01453 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination, Conditions of Service Amendment (Additional risk insurance and Deployment allowance) Determination 2018 (No. 38)

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 the additional costs of buying life insurance.
  • To increase the daily deployment allowance rates for members deployed on overseas operations.
  • To remove the note at subsection 17.7.6.1 as it is non-legislative in nature.

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

Section 2 provides that this instrument commences on 1 November 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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Principal Determination.

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.

Section 2 substitutes the 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 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. The note is removed as it is non-legislative in nature.


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, Conditions of Service Amendment (Additional risk insurance and Deployment allowance) Determination 2018 (No. 38)

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 the additional costs of buying life insurance.
  • To increase the daily deployment allowance rates for members deployed on overseas operations.

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.

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.

Louise Judith Memmolo, Acting Assistant Secretary People Policy and Employment Conditions

 

 

Overview

The Defence Determination, Conditions of Service Amendment (Additional Risk Insurance and Deployment Allowance) Determination 2018 (No. 38) was enacted to address the need for adjustments in the conditions of service for members of the Australian Defence Force (ADF). This Determination amends Defence Determination 2016/19, made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The policy objective of this Determination is to increase the maximum amount a member may be reimbursed for the additional costs of buying life insurance and to increase the daily deployment allowance rates for members deployed on overseas operations. These adjustments are made in line with the changes to the salaries of ADF members under the ADF Workplace Remuneration Arrangement. The Determination ensures that ADF members receive fair compensation for the risks and adverse conditions they encounter during their service, thus maintaining just and favourable conditions of work as recognised under Article 7 of the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Additional Risk Insurance and Deployment Allowance) Determination 2018 amends Defence Determination 2016/19 under section 58B of the Defence Act 1903, impacting members of the Australian Defence Force (ADF). The Determination applies to ADF members, modifying provisions related to allowances and reimbursements, specifically addressing the maximum reimbursement amount for additional life insurance costs and increasing the daily deployment allowance rates for overseas operations. The changes, which align with adjustments to ADF member salaries under the ADF Workplace Remuneration Arrangement, are implemented to ensure ADF members are adequately compensated for the risks and conditions they encounter during their service. The Determination is compatible with human rights, particularly the right to just and favourable conditions of work, as it ensures ADF members are not financially disadvantaged due to the nature of their duties. The amendments are deemed reasonable, necessary, and proportionate to the legitimate objectives of the Defence Force, thereby maintaining the integrity and effectiveness of ADF operations.

Key Provisions

The Defence Determination, Conditions of Service Amendment (Additional Risk Insurance and Deployment Allowance) Determination 2018 (No. 38) amends Defence Determination 2016/19, Conditions of Service, under section 58B of the Defence Act 1903. The primary changes include increasing the maximum amount members can be reimbursed for additional life insurance costs due to their ADF duties by 2%, rounded to the nearest dollar (Section 1, Schedule 1, Item 1). Additionally, it raises the daily deployment allowance rates for members on warlike and non-warlike operations by 2% (Section 2, Schedule 1, Item 2). These amendments are designed to align with the adjustments to ADF members' salaries as per the ADF Workplace Remuneration Arrangement. The Determination also removes a non-legislative note from subsection 17.7.6.1 of the Principal Determination. The Determination imposes specific obligations on the parties it governs. Defence members are entitled to increased financial support for life insurance costs and deployment allowances, which are calculated in line with the ADF Workplace Remuneration Arrangement. The Defence is required to ensure that these updated rates are implemented and that affected members receive the appropriate reimbursements. The Defence must also ensure the removal of the non-legislative note from the relevant subsection. This Determination does not explicitly outline specific offences or penalties for breaches. However, given its nature as an amendment to Defence conditions of service, any failure by the Defence to comply with these provisions could potentially lead to disputes or claims from ADF members. The consequences of such non-compliance would likely be addressed through internal Defence mechanisms or administrative processes rather than through specific penal provisions outlined in the Determination itself. The Determination ensures compatibility with human rights by aligning its provisions with the International Covenant on Economic, Social and Cultural Rights, particularly Article 7, which guarantees just and favourable conditions of work, including remuneration and compensation for adverse conditions during service.

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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.