Defence Determination, Conditions of service Amendment Determination 2020 (No. 17)
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 (AI 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 AI Act.
This Determination amends the following Chapters of the Principal Determination for members of the Australian Defence Force (ADF).
- Chapter 4 sets out provisions dealing with allowances and reimbursements.
- Chapter 7 sets out provisions dealing with housing and meals.
- Chapter 9 sets out provisions dealing with travel costs in Australia.
- Chapter 15 sets out provisions dealing with living and working on long-term posting overseas.
This Determination has the following purposes.
- To amend the allowances for a member who is posted to a remote location. The rates are set following advice received from a contracted service provider and the consumer price index.
- To amend the rates of allowances and related benefits that may be paid to a member in connection with travel undertaken for duty purposes. The rates are adjusted annually to ensure they remain contemporary based on annual advice from a contracted service provider. The rate changes this determination introduces are based on the Subscription Notice No. 5 of 6 2019-2020 Allowance Subscription Service Travel Related Allowances –May 2020. This Notice suggests adjustments to travel and travel related allowances following the annual review of travel costs.
- To set the Christmas stand-down periods for 2020-2021, 2021-2022 and 2022-2023, and update the directly conferred powers for Public holidays overseas.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that sections 1 to 4 and Schedule 3 of this instrument commence on 3 September 2020. The remaining provisions commence on 1 October 2020.
The retrospective effect of certain table items in Schedule 1 of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person. References to dates before the commencement of this Determination reflect the dates in the Principal Determination and have been omitted and reinserted by this Determination.
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—Remote location allowances – amendments
Section 1 amends section 4.4.9 of the Principal Determination which sets out the rate of allowance for a member who is posted to a hardship location. The amendment omits and substitutes the table in subsection 1 which has been amended to provide the updated rates of allowance for a member. The allowance rates are increased in line with the All Groups component of the Consumer Price Index for the 12 month period ending March 2020 (2.2%). The underlying figures are then rounded to the nearest five dollars.
Section 2 amends section 4.4.19 of the Principal Determination which sets out the rate of allowance for a member who is posted to Port Wakefield. The amendment omits and substitutes the table in subsection 2 which has been amended to provide the updated rates of allowance for a member.
Section 3 amends section 4.4.24 of the Principal Determination which sets out the rate of allowance for a member who is posted to RAAF Scherger. The amendment provides the updated rate of allowance for a member.
Section 4 amends section 4.4.31 of the Principal Determination which sets out the rate of allowance for a member who is posted to, or are serving in, Antarctica. The amendment omits and substitutes the table which has been amended to provide the updated annual rate of allowance for a member.
Schedule 2—Travel related allowances amendments
Section 1 omits and substitutes the table in section 4.5.9 of the Principal Determination, which sets out the rates of meal allowance payable in circumstances where Service-provided meals are unavailable. The rates have increased on average by 2.17%.
Section 2 omits and substitutes the table in subsection 7.5.24.2 of the Principal Determination, which provides meal allowance rates for members, their spouse or partner and dependent children aged 10 years or older. These meal rates apply to members and their dependants when they are staying in temporary accommodation. The rates are increased on average by 2.09%.
Section 3 omits and substitutes the table in 7.5.24.3 of the Principal Determination, which provides meal allowance rates for a member's children aged less than 10 years. These rates apply to meals taken when a member and their dependants are in temporary accommodation. The rates are increased on average by 2.12%.
Section 4 amends subsection 9.5.10.2 of the Principal Determination which provides the rate for part-day travelling allowance. The rate is increased by 1.93%.
Section 5 amends table item 5 in subsection 9.5.20.2 of the Principal Determination which provides the maximum amounts which a member may use their Defence Travel Card to pay for accommodation, meals and incidentals when living-in during a travel period. The rate is increased by 1.78%.
Section 6 amends table item 3 in subsection 9.5.22.2 of the Principal Determination which provides the maximum amounts which a member may use their Defence Travel Card to pay for accommodation, meals and incidentals when on a travel period longer than 21 days. The rate is increased by 1.78%.
Section 7 amends table item 5 in subsection 9.5.39.2 of the Principal Determination which provides for the maximum amount of travelling allowance a member is eligible for when on a travel period up to or longer than 21 days. The rate is increased by 1.78%.
Section 8 amends table item 3 in subclause 9.5.41.2 of the Principal Determination, which provides a maximum amount of travelling allowance that a member is eligible for when living in or out on a journey longer than 21 days. The incidentals rate is increased by 1.78%.
Section 9 omits and substitutes the table in Part 1 of Annex 9.5.A of the Principal Determination, which provides the accommodation, meals and incidental rates for members at the rank of Brigadier or higher and for the ranks of Colonel or lower. Capital City accommodation rates for Brigadier or higher increased on average by 2.36% with one Capital City (Hobart) accommodation rate decreasing by 0.58%. Capital City accommodation rates for Colonel or lower increased on average by 2.43% with one Capital City (Hobart) accommodation rate decreasing by 0.78%. The accommodation rate for country centres has decreased by 0.70% for Brigadiers and by 1.24% for Colonels or lower.
Section 10 omits and substitutes the table in Part 2 of Annex 9.5.A of the Principal Determination, which provides the accommodation, meals and incidental rates for high-cost country centres. Seven locations were moved to a higher category and 26 additional centres added to reflect the changing cost of living and accommodation in these areas.
Section 11 omits and substitutes the table in Part 3 of Annex 9.5.A of the Principal Determination, which lists the medium-cost country centres for accommodation, meals and incidental rates. Seven locations have been removed and seven locations have been added to reflect the changing cost of living and accommodation in these areas.
Section 12 omits and substitutes the table in Part 4 of Annex 9.5.A of the Principal Determination, which provides the meal and incidental rates payable. Meal rates for Capital cities and high-cost centres received an average rate increase of 2.05% and medium-cost centres and other country centres received a 2.13% increase. Incidental allowance received a 1.75% increase.
Section 13 substitutes the table in Part 2 of Annex 9.5.B to the Principal Determination, which provides the maximum meal rates for a member living out on a journey longer than 21 days. The weekly rate for a boarding house or hotel that does not provide cooking facilities is increased by 2.07% and, if cooking facilities are provided in a boarding house or hotel or if the member is renting, the rate increase is 2.06%.
Schedule 1—Christmas stand-down amendments
Section 1 amends section 5.12.3 of the Principal Determination which sets out the conditions for Christmas stand-down for a member in Australia. The amendment inserts the new dates in subsection 1 for Christmas stand-down for 2020-2021, 2021-2022 and 2022-2023.
Section 2 amends section 15.1.4 of the Principal Determination which sets out the conditions for Public holidays for a member posted overseas. The amendment updates the directly conferred powers for Public holidays overseas from Director Military Conditions and Housing Policy to Assistant Director – Overseas Conditions of Service, People Policy and Employment Conditions.
Section 3 amends section 15.1.5 of the Principal Determination which sets out the conditions for Christmas stand-down for a member posted overseas. The amendment inserts the new dates in subsection 1 for Christmas stand-down for 2020-2021, 2021-2022 and 2022-2023.
Consultation
Schedules 1 and 2 – Consultation was undertaken with the Navy, Army and Air Force, Defence Travel, the Directorate of Relocations and Housing, the Directorate of Senior Officer Management, and the Pay and Administration Branch during the development of this Determination. 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.
Schedule 3 – Consultation is not considered necessary in the adjustment of the Christmas stand-down periods as it falls within the bounds of routine maintenance of an established benefit.
The rule maker was satisfied that further external consultation was not required.
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
This Determination has the following purposes.
- To amend the allowances for a member who is posted to a remote location. The rates are set following advice received from a contracted service provider and the consumer price index.
- To amend the rates of allowances and related benefits that may be paid to a member in connection with travel undertaken for duty purposes. The rates are adjusted annually to ensure they remain contemporary based on annual advice from a contracted service provider. The rate changes this determination introduces are based on the Subscription Notice No. 5 of 6 2019-2020 Allowance Subscription Service Travel Related Allowances – May 2020. This Notice suggests adjustments to travel and travel related allowances following the annual review of travel costs.
- To set the Christmas stand-down periods for 2020-2021, 2021-2022 and 2022-2023, and update the directly conferred powers for Public holidays overseas.
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.
Schedules 1 and 2 promote the right to just and favourable conditions of work by adjusting the remote locality allowance available to eligible ADF members who are posted to some remote locations, and rates of travel allowance. The underlying principle is that people should be provided assistance when posted to remote localities, and with reasonable travel associated costs and on the basis that they should neither gain nor lose financially when posted to a remote locality or when required to travel.
Schedule 2 also promotes the right to an adequate standard of living by adjusting the remote locality allowance. Periodic updates of the rates ensure that they remain contemporary and reflect the changes in the cost of living.
Schedule 3 promotes the right to just and favourable conditions of work. The Christmas stand-down is a period of reduced activity across Defence. Typically, members will not be required to attend for duty over the stand-down period. The stand-down provisions allow members to be paid for leave over this period of time without using their accrued leave credits. This is important over the Christmas period as it provides a member rest and leisure and adequate time away from work. This schedule provides the 2020-2021, 2021-2022 and 2022-2023 Christmas stand-down dates. This is equal to what is offered to Defence Australian Public Services employees and it is beyond Australian community standards of leave and public holidays at Christmas time
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Jennifer Louise Statton, Acting Assistant Secretary People Policy and Employment Condition