Defence Determination, Conditions of service Amendment (Child supplement and location allowance) Determination 2019 (No. 18)
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 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.
This Determination amends the following Chapters of the Principal Determination for members of the Australian Defence Force (ADF).
- Chapter 15 of the Principal Determination sets out provisions dealing with living and working on long-term posting overseas.
- Chapter 16 of the Principal Determination sets out provisions dealing with overseas hardship locations.
The purpose of this Determination is to amend the rates of child supplement allowance and location allowance as part of the annual review of rates.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that sections 1 to 4 of this instrument and anything in this instrument not elsewhere covered by the table commences on the day after the instrument is registered. This provision provides that schedules 1 and 2 of this instrument commence on a day to be fixed by Assistant Secretary People Policy and Employment Conditions (the Minister's delegate to make determinations under section 58B of the Defence Act 1903) by notifiable instrument. However, if the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Child supplement allowance amendments
Section 1 omits and substitutes subsection 15.2A.20.2 of the Principal Determination, which sets the rates of child support allowance. The new subsection 15.2A.20.2 contemporises how the formula for calculating the rate of the allowance is expressed. A new subsection, subsection 15.2A.20.2A, is also inserted which sets the base rate used in the formula.
The base rate for child supplement allowance is a percentage of the average fortnightly salary of all ADF members posted overseas on 1 May 2019. Defence uses the same methodology as the whole of Australian Government when calculating Child supplement allowance.
Schedule 2—Location allowance amendments
Section 1 omits and substitutes subsection 16.2A.5.1 of the Principal Determination, which sets the rates of location allowance payable to certain members of the ADF. The new subsection sets the new rates of location allowance and contemporises rules determining which rate is payable to a member.
Location allowance is a percentage of the average annual salary of all ADF members posted overseas on 1 May 2019 which is adjusted based on whether the member is accompanied or unaccompanied by their dependants. Defence uses same methodology as the whole of Australian Government when calculating the location allowance.
Consultation
The rule maker was satisfied that consultation was not required due to the technical and administrative nature of the amendment.
Authority: Section 58B of the
Defence Act 1903
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 amend the rates of child support allowance and location allowance as a part of the annual review of rates.
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.
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
Legitimate objective: This Determination amends the rates of child supplement allowance and location allowance to ensure that members of the ADF continue to receive just and favourable conditions of work and that they and their families can maintain an adequate standard of living while posted to overseas locations.
Reasonable, necessary and proportionate: Members of the ADF may be required to work in overseas locations as a part of their service. The amendment ensures their remuneration is appropriately adjusted and that they and their families maintain an adequate standard of living in their overseas location.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Fiona Louise McSpeerin, Acting First Assistant Secretary People Policy and Culture