Defence Determination, Conditions of service Amendment Determination 2022 (No. 10)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination 2022 (No. 10)

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 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.

This Determination amends the Principal Determination which provides benefits for members of the Australian Defence Force (ADF) and their families as part of the member’s conditions of service. The Principal Determination provides a range of benefits that recognise the unique nature of military service and the obligation and limitations that military service places on members and their families. Members undertake service in both the domestic and overseas environments, including on deployments. Specific benefits are provided for each environment.

Purpose

The purpose of this Determination is to do the following:

• Amend the definitions of, and references to, ‘deployment’, ‘assigned for duty’ and ‘‘force assigned’ to provide clarity regarding when members are assigned to warlike and non-warlike service and when they may be eligible to receive benefits under Chapter 17.
• Remove redundant COVID-19 related leave benefits.
• Amend the expected income amount applicable to an eligible dependant with respect to a member’s eligibility to Trainee’s dependant allowance.
• Ensure that a member with dependants (unaccompanied) remains eligible for food allowance during approved short absence from duty for the purpose of isolation.
• Make routine rates amendments to education assistance, and child supplement allowance and location allowance for a member posted overseas.
• Provide assistance for a nominated support person of a member who is summoned as a witness to a Royal Commission hearing. The assistance is comparable to that available for the nominated support person of a member under Chapter 8 Part 7 when the member is summoned to a court of inquiry.
• Provide accommodation and meal benefits to members and their dependants when they are required to isolate in Australia before travelling to, or from China on a long-term posting or on short-term duty. The requirement to isolate is in accordance with the Chinese Government’s COVID-19 restrictions.
• Make various amendments to the following overseas related provisions to include: new posting locations in Bangladesh and Estonia, Bangladesh, Estonia and an additional location in South Korea as hardship locations, and additional summer schools for Belgium.
• Make technical amendments to various provisions in the Principal Determination, including amending the formula for child supplement allowance and updating a position title. These amendments have been made to provide clarity and to promote the use of contemporary drafting standards for readability and consistency.
• Provide transitional provisions relating to food allowance, Royal Commission travel benefits, COVID-19 travel benefits for members who have travelled to or from China, and approved summer schools for members posted to Belgium.

Operational Details

Details of the operation of the Determination are provided at annex A.

Retrospective application

The retrospective application 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 person.

Human rights compatibility

The statement of compatibility under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 for this Determination is at annex B.

Review options

Decisions that are made under the Principal Determination, as amended by this Determination, may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. Also, a person may make a complaint to the Defence Force Ombudsman.

Consultation

Before this Determination was made, the following were consulted in the development of this Determination:

• Schedule 1: Navy, Army, Air Force and the Department of Veterans’ Affairs.

• Schedules 2 and 3: Navy, Army and Air Force.

• Schedule 4: The rule maker was satisfied that consultation is not considered necessary for these amendments as they are routine rate adjustments, and do not amend the underlying policy
• Schedule 5: Navy, Army and Air Force, Defence Travel Policy and the Royal Commission into Defence and Veteran Suicide – Taskforce.
• Schedule 6: The Directorate of Attaché and Overseas Management.
• Schedule 7: Navy, Army, Air Force, and the Directorate of Attaché and Overseas Management.
• Schedule 8: Navy, Army and Air Force were.
• Schedule 9: Navy, Army and Air Force, Defence Travel Policy, the Directorate of Attaché and Overseas Management and the Royal Commission into Defence and Veteran Suicide – Taskforce.

The rule maker was satisfied that further consultation was not required.

Annex A

Defence Determination, Conditions of service Amendment Determination 2022 (No. 10)

Operational details

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

Section 2 provides that the Determination commences on 7 July 2022.

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—Deployment amendments

Item 1 amends section 1.3.18 of the Principal Determination which sets out the definition of ‘deployment’. The amendment omits the phrase ‘assigned for duty’, and substitutes it with ‘force assigned’ to more accurately describe when members are assigned to war and non-warlike service. The definition within section 17.1.2 is also amended by item 5 of this Schedule.

Item 2 amends section 12.3.1 of the Principal Determination which sets out the definitions that apply to Chapters 12 to 17. The amendment repeals and substitutes the definition of ‘deployment’ which has been re-drafted to more clearly describe warlike or non-warlike service.

Item 3 repeals and substitutes the heading of Chapter 17 of the Principal Determination which sets out conditions of service for deployments. Reference to ‘warlike and non-warlike’ has been removed as a consequence of the changes made by item 2 of this Schedule.

Item 4 repeals and substitutes the definition of ‘assigned for duty’ within section 17.1.2 of the Principal Determination which sets out the definitions that apply for Chapter 17. The definition of ‘assigned for duty’ is omitted and substituted with the definition of ‘force assigned’ which provides that a member is ‘force assigned’ when they are recorded as such in PMKeyS.

Item 5 inserts new section 17.2.1A of the Principal Determination which sets out the period for which a member is eligible for benefits under Chapter 17. The new section sets out that a member, including a member of the reserves, may be eligible for benefits under Chapter 17 for the period they are force assigned.

Item 6 repeals section 17.2.3 of the Principal Determination which sets out that a member, including a member of the Reserves on Reserve service may be eligible for benefits under Chapter 17 for the period for which the member is assigned for duty as part of the deployed force. This section is repealed, as it is has been re-inserted as section 17.2.1A by item 6 of this Schedule to more clearly provide when a member is eligible for benefits under Chapter 17.

Item 7 repeals and substitutes paragraph 17.7.5.1.a of the Principal Determination which sets out when a member is eligible for deployment allowance. The paragraph is amended to incorporate the term ‘force assigned’ as a consequence of the changes made by item 1 of this Schedule.

Item 8 amends section 17.7.14 of the Principal Determination which sets out when a medical officer in the Reserves is eligible for civil practice support allowance. The section is amended to omit ‘assigned for duty with a deployment’, and substituted with ‘force assigned on a deployment’.

Schedule 2—Miscellaneous amendments

Item 1 amends the heading of Chapter 2 Part 3 of the Principal Determination. Reference to ‘redundancy’ has been removed from the Part heading as Chapter 2 Part 3 provides for benefits outside of those related to redundancy.

Item 2 amends section 4.8.6 of the Principal Determination which provides when a member is not eligible for Trainee’s dependant allowance. Paragraph 4.8.6.1.a which provides if a member’s eligible dependant has an expected income of $40,175.20 or more in the current financial year, the member is not eligible to receive the allowance. The expected income rate of “$40,175.20” has been omitted and substituted with “$42,255.20” to reflect the increase to the National Minimum Wage for the 2022/2023 financial year.

Item 3 repeals subsection 5.4.33.5 of the Principal Determination which prohibits a member being granted recreation leave during a journey under Chapter 14 Part 4 during the COVID-19 pandemic unless there are exceptional circumstances. The subsection is repealed as a result of a Secretary and Chief of Defence Force Joint Directive.

Item 4 amends subsection 5.7.5.1 of the Principal Determination which provides that a member is eligible for 20 days of paid parental leave if they are not eligible for maternity leave. The subsection has been amended by omitting “maternity leave” and substituting “paid maternity leave” to provide clarify to the reader that a member who is eligible for paid maternity leave is not eligible for paid parental leave.

Item 5 and 6 insert paragraphs 5.7.6C.2.d and 5.7.6D.2.d into the Principal Determination. These paragraphs provide that a member may be eligible for special paid parental leave if the other parent of a child for whom special paid parental leave will be taken is deceased.

Item 7 amends the table in section 6.5.46 of the Principal Determination which provides where a member may receive a removal to and from on ceasing continuous full-time service. Table items 1, 2 and 3 have been amended to provide when they apply and do not apply to a member of the Reserves to avoid doubt and to provide clarify to the reader.

Item 8 repeals and substitutes section 7.1.8 of the Principal Determination which provides a discretion in special circumstances to provide a benefit to a member under Chapter 7 in circumstances in circumstances where they would not otherwise eligible. The section has been amended to clarify that the section is not limited to an allowance or reimbursement and that it applies to the benefits provided under Chapter 7 of the Principal Determination more broadly.

Items 9 to 11 amend various provisions of the Principal Determination to change references to “Director Defence Travel” to “Director Defence Print and Travel Services” in order to reflect the update to the name of the position.

Schedule 3—Food allowance amendments

Item 1 repeals and substitutes paragraph 7.9.11.1.b of the Principal Determination which sets out when a member is not eligible for food allowance. The paragraph is redrafted to exclude a period of short absence from duty granted section 5.11.14 of the Principal Determination for a member with dependants (unaccompanied) who is isolating in their residence within their posting location.

Schedule 4—Education assistance amendments

All rates in this Schedule are in Australian Dollars.

Item 1 amends subsection 8.4.10.3 of the Principal Determination which applies to a member who engages a tutor for their child. The amendment increases the maximum hourly rate of reimbursement from $111 to $112. This rate has increased in line with the education component of the Consumer Price Index for the 12 month period ending December 2021 (0.6 per cent) rounded up to the nearest dollar.

Item 2 repeals and substitutes the table in subsection 8.4.11.3 of the Principal Determination which sets the maximum benefits provided for web-based tutoring used in the calculation of the maximum reimbursement a member can receive. The rates have increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2021 (0.6 per cent) rounding the underlying figure to the nearest dollar.

Item 3 repeals and substitutes the table in subsection 8.4.14.3 of the Principal Determination which sets the maximum education assistance available to members who have children that are recognised as a dependant with special needs. The following amendments have been made.

• An increase to the maximum hourly rate that a member may be reimbursed when their child with special needs requires a therapy service or tuition not provided by the school, but critical to their educational progress. The rate is increased from $111 to $112.
• An increase to the maximum amount for an assessment of the child's needs, critical to the development of an educational program. The rate is increased from $821 to $826.

These changes have increased in line with the Education sub-component of the Consumer Price Index for the 12 month period ending December 2021 (0.6 per cent) rounding the underlying figures to the nearest dollar.

Item 4 repeals and substitutes subsection 8.4.14.5 of the Principal Determination which sets the maximum benefit and the contribution for a member who has a child who needs to access a special program at a private school. The subsection is amended to increase the maximum benefit from $30,145 to $32,432 a year, and redrafts the subsection in line with contemporary drafting standards. This item also inserts new subsection 8.4.14.5A which provides that, if a member receives a benefit until subsection 8.4.14.5, then they must pay a contribution. The contribution rate has been increased from $401 to $403 per year. The new rates are based on the rates provided by the Australian Public Service Commission (APSC).

Item 5 amends subsection 8.4.15.4 of the Principal Determination which provides that the Chief of Defence Force may extend education assistance to a member for their child for an additional 14 weeks for each subject, capped at a maximum hourly rate. The amendment increases the maximum rate from $111 to $112. This change is in line with an increase in the education sub-component of the Consumer Price Index for the 12 month period ending December 2021 (0.6 per cent) rounding the underlying figure to the nearest dollar.

Item 6 repeals and substitutes the table in subsection 8.4.21.1 of the Principal Determination which sets the maximum reimbursement and contributions payable by a member who is eligible to receive a benefit under Division 4 of Part 4 of Chapter 8 of the Principal Determination. The amendment increases the maximum rates of reimbursement for compulsory tuition fees, accommodation for children who do not accompany a member to a posting location and a member's annual contribution rate.

The rate changes are as follows.

• An increase in the maximum annual compulsory tuition fee reimbursement from $30,145 to $32,432 with an increase in the amount of the member's contribution from $401 to $403.

• An increase in the maximum reimbursement of board if accommodated in a boarding school or a commercial establishment from $27,601 to $27,845.
• An increase in the maximum reimbursement if accommodated privately from $17,199 to $17,345.
• An increase in the annual member contribution towards their child's boarding fees (if it is their first year) from $2,825 to $2,944.

• An increase in the annual member contribution towards their child's boarding fees (if not their first year) from $3,232 to $3,345.

These new rates are based on advice received from the APSC.

Item 7 amends subsection 8.4.25.1 of the Principal Determination which sets outs the rate and period of assistance for accommodation for members whose child is in tertiary education and studying away from the member's location of residence. The amendment increases the current fortnightly rate from $435 to $440 a fortnight for accommodation costs. The rate is calculated as 83% of the Youth Allowance payable under the Social Security Act 1991 to an independent full-time student living away from home.

Item 8 amends subsection 14A.1.18.2 of the Principal Determination which sets out the conditions for education assistance for a member whose school age dependant has been evacuated and continues to study the curriculum of the school at the posting location overseas. The amendment increases the current rate a member may be reimbursed for tuition from $111 to $112 per hour. This rate has increased in line with the education sub-component of the Consumer Price Index for the 12 month period ending December 2021 (0.6 per cent) rounded up to the nearest dollar.

Item 9 repeals and substitutes the table in subsection 15.6.11.2 of the Principal Determination which lists the annual contribution that a member must pay when receiving compulsory tuition fee benefit for their child who attends school in the overseas posting location. The amendment increases the following rates of contribution payable by a member. The increase is in line with the education sub-component of the Consumer Price Index for the 12 month period ending December 2021 (0.6 per cent) rounding the underlying figure to the nearest dollar.

• Member contribution towards compulsory tuition for a pre-school student is increased from $535 to $538.
• Member contribution towards compulsory tuition for a primary school student is increased from $182 to $184.
• Member contribution towards compulsory tuition for a secondary school student or a student at a junior college is increased from $426 to $428.

Item 10 amends subsection 15.6.21.2 of the Principal Determination which specifies the rate of contribution payable by a member posted to Cherbourg towards the cost of the child’s education. The contribution rates are increased from $426 to $428. The rates are increased in line with the education sub-component of the Consumer Price Index for the 12 month period ending December 2020 (0.6 per cent) rounding the underlying figure to the nearest dollar.

Item 11 repeals and substitutes section 15.6.26 of the Principal Determination which specifies the rate of education assistance for compulsory school fees available to a member who is on a long-term posting overseas when their child attends an Australian school and the contribution payable by the member. The following rate changes are made based on advice received from the independent data provider.

• The maximum reimbursement for compulsory tuition fees is increased from $30,145 to $32,432 a year.
• The following rates are updated in line with the education sub-component of the Consumer Price Index for the 12 month period ending December 2020 (0.6 per cent), rounding the underlying figure to the nearest dollar.
  • Member contribution towards compulsory tuition fees for a pre-school or primary school student has increased from $182 to $184.
  • Member contribution towards compulsory tuition fees for a secondary school student has increased from $426 to $428.

Items 12 to 15 amend section 15.6.27 of the Principal Determination which specifies the rate of education assistance for accommodation costs available to a member who is on a long-term posting overseas when their child lives in Australia in boarding school or equivalent accommodation and the contribution payable by the member. The following rate changes payable in Australian dollars have been made based on advice received from the APSC.

• The maximum reimbursement for accommodation where a child boards at boarding school or a commercial boarding establishment has increased $27,601 to $27,845 a year.
• The maximum reimbursement for private accommodation has increased from $17,199 to $17,345 a year.
• For a member whose child lives at a boarding school, the member's accommodation contribution for the first year is increased from $2,825 to $2,944.

• For a member whose child lives at a boarding school, the member's accommodation contribution for subsequent years is increased from $3,232 to $3,345.

• For a member whose child is in private accommodation the member's accommodation contribution is increased from $3,232 to $3,345.

Schedule 5—Royal Commission travel benefits amendments

Item 1 inserts Chapter 8 Part 7A of the Principal Determination which provides assistance for the nominated support person of a member who is summoned as a witness to a Royal Commission. The Part provides the following:

• Section 8.7A.1 provides the purpose statement for Chapter 8 Part 7A.
• Section 8.7A.2 provides the definitions that apply to Chapter 8 Part 7A, being definitions for ‘decision maker’, ‘member’ and ‘Royal Commission’.
• Section 8.7A.3 provides that Chapter 8 Part 7A applies to any person nominated by a member, who is summoned as a witness at a Royal Commission hearing, to provide support to the member at the Royal Commission hearing.
• Section 8.7A.4 provides that assistance under Chapter 8 Part 7A ceases on the day after the close of Royal Commission hearings.
• Section 8.7A.5 provides that a person is eligible for transport costs when they do not live within 30 kilometres of the location of the Royal Commission hearing if the decision maker is satisfied it is reasonable to assist them to attend the hearing to support the member.
• Section 8.7A.6 provides that a person is eligible for accommodation costs if the decision maker is satisfied it is unreasonable for the person to attend Royal Commission hearings without accommodation. The section also provides that a person is eligible for reasonable transport costs between their accommodation and the location of the Royal Commission hearing, if the decision maker is satisfied it is unreasonable for them to walk to and from their accommodation.
• Section 8.7A.7 provides that a person eligible is eligible for assistance with meals and sets out the rates and conditions that apply to the meal payments.
• Section 8.7A.8 provides that a person is eligible for incidentals allowance if the decision maker is satisfied it is reasonable. The section also provides that the amount of incidentals allowance can exceed the maximum if the decision maker is satisfied that the maximum amount is not sufficient in the circumstances.
• Section 8.7A.9 provides that a person eligible is eligible for assistance with their dependant care responsibilities if the decision maker is satisfied it is reasonable to enable them to attend a Royal Commission hearing to support a member who is attending the hearing as a witness.

Schedule 6—China – COVID-19 amendments

Item 1 amends section 1.3.66A of the Principal Determination which provides the definition of ‘required to isolate’. The definition has been amended to include people who are required by a law of a foreign government to isolate themself in Australia before beginning or continuing a long-term posting or short-term duty in the jurisdiction of that foreign government.

Item 2 amends section 12.1.1 of the Principal Determination which specifies the members to whom Chapters 12 to 16 of the Principal Determination apply and it includes specified periods when the Chapters apply. The section has been amended to provide that the Chapters apply to a period immediately before commencing duty overseas for the purpose of allowing the member and dependants to complete any isolation period.

Item 3 amends section 12.5.2 of the Principal Determination which specifies the persons to whom Part 5 of Chapter 12 applies. The Part contains rules that apply to members and their dependants who receive international travel benefits and are required to undertake a period of isolation. The amendment extends the operation of the Part to a member who is being required to isolate before commencing a long-term posting or short-term duty overseas.

Item 4 amends section 12.5.3 of the Principal Determination which provides accommodation costs for a person who is required to isolate in specified accommodation. A new subsection 12.5.3.5 has been inserted to provide that the section does not apply to a person to whom the new section 12.5.3A applies. The new section has been inserted by item 5 of this Schedule.

Item 5 inserts section 12.5.3A into the Principal Determination. The new section provides accommodation costs, meal costs and incidentals to a person who is required to isolate in China or in Australia before commencing duty in China. This requirement for a person to isolate is in response to the Chinese Government’s COVID-19 restrictions. The new section ceases to apply on 31 December 2022.

Item 6 inserts a new Part 4 in Chapter 14A of the Principal Determination which contains the following provisions.

• Section 14A.4.1 sets out the purpose of the Part, which is to provide temporary accommodation in Australia for members and their dependants who are visiting Australia and are required to isolate before returning to China.
• Section 14A.4.2 provides that the Part applies to a person who is in Australia on a temporary absence from a posting in China and who is required to isolate in Australia before returning to China.
• Section 14A.4.3 provides that a person to whom the Part applies is eligible for the daily accommodation costs, meal costs and incidentals payable under Annex 9.5.A for the isolation period.
• Section 14A.4.4 provides that the Part ceases to apply on 31 December 2022.

Item 7 repeals and substitutes section 16.4.11A of the Principal Determination which permits a member to offset assisted leave travel benefits to travel to another location. The revised section 16.4.11A now provides for the benefit to continue for a member who offsets their assisted leave travel to travel to a location in China under subsection 16.4.11.1. The member is eligible for accommodation assistance for each day they occupy commercially provided accommodation. The amount of the benefit is AUD 1,200 for every 7 day period plus AUD 200 for every other day. The section ceases to apply on 31 December 2022.

Schedule 7—Overseas amendments

Items 1 and 2 amend Annex 12.3.B of the Principal Determination which lists the post index locations and data service provider locations used for determining the post index under section 12.3.14A. Item 1 inserts Dhaka as a new posting location in Bangladesh. Item 2 inserts Tallinn as a new posting location in Estonia.

Item 3 amends Annex 15.6.B of the Principal Determination which lists approved summer schools for overseas posting locations. Item 1 of the table in Annex 15.6.B which provides approved summer schools for Belgium has been repealed and substituted to include the following: Association pour le Développement des Sports et Loisirs (ADSL), Brussels Kangaroos, La Ferme d’Anjou, and Tutti Frutti.

Items 4 and 5 amend Annex 16.B of the Principal Determination which provides details used for determining benefits for members posted to specific posting locations that are hardship locations. The amendments add new table items to include Bangladesh and Estonia as hardship locations.

Item 6 repeals and substitutes table item 49AA, and inserts new table item 49AB of Annex 16.B of the Principal Determination which provides details used for determining benefits for members posted to South Korea. The hardship location for Changwon – South Korea is substituted with the relief leave centre location amended from ‘Sydney (1)’ to ‘Singapore (1) to align all relief leave centres for South Korea to Singapore. New table item 49AB is inserted to include Pyeongtaek – South Korea, as a hardship location.

Schedule 8—Child supplement and location allowance rates amendments

Item 1 repeals and substitutes section 15.2A.20 of the Principal Determination which sets out the rates and formula used to calculate the amount of child supplement allowance payable to a member. The formula is amended to provide clarity to the reader and to reflect contemporary drafting standards. The rates in column B of the table have been recalculated as a result of changes to the average annual salary of members posted overseas.

Item 2 repeals and substitutes the table in subsection 16.2A.5.1 of the Principal Determination which sets out the rate of location allowance for a member performing duty in a hardship location. The rates in columns B and C of the table have been recalculated as a result of changes to the average annual salary of members posted overseas.

Schedule 9—Transitional provisions

Clause 1 defines Defence Determination 2016/19 for the purpose of this Schedule and is incorporated as in force from time to time.

Clause 2 provides that a member who was a member with dependants (unaccompanied) who lives out, and was on a period of short absence from duty under section 5.11.14 that exceeded one week because they were isolating in their residence within their posting location is eligible for food allowance under section 7.9.10 of the Defence Determination as though Schedule 3 of this Determination had been in force between 8 April 2020 and the commencement of this Determination.

Clause 3 provides that a person who has been nominated by a member, who is summoned as a witness at a Royal Commission hearing, to provide support to the member at the Royal Commission hearing is eligible for the assistance under Chapter 8 Part 7A of the Defence Determination as though Schedule 5 of this Determination had been in force between 1 June 2022 and the commencement of this Determination.

Clause 4 provides transitional provisions for the following:

Clause 5 provides that a member posted to Belgium is eligible for the cost of education assistance under section 15.6.15 of the Defence Determination had Schedule 7 applied between 17 May 2022 and the commencement of this Determination.

Technical amendments made under this Determination do not alter the underlying policies, or the benefits which are currently provided.

Annex B

 Defence Determination, Conditions of service Amendment Determination 2022 (No. 10)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Overview of the Determination

The Purpose of this Determination is to do the following:

• Amend the definitions of, and references to, ‘deployment’, ‘assigned for duty’ and ‘force assigned’ to provide clarity regarding when members are assigned to warlike and non-warlike service and when they may be eligible to receive benefits under Chapter 17.
• Remove redundant COVID-19 related leave benefits.
• Amend the expected income amount applicable to an eligible dependant with respect to a member’s eligibility to Trainee’s dependant allowance.
• Ensure that a member with dependants (unaccompanied) remains eligible for food allowance during approved short absence from duty for the purpose of isolation.
• Make routine rates amendments to education assistance, and child supplement allowance and location allowance for a member posted overseas.
• Provide assistance for a nominated support person of a member who is summoned as a witness to a Royal Commission hearing. The assistance is comparable to that available for the nominated support person of a member under Chapter 8 Part 7 when the member is summoned to a court of inquiry.
• Provide accommodation and meal benefits to members and their dependants when they are required to isolate in Australia before travelling to, or from China on a long-term posting or on short-term duty. The requirement to isolate is in accordance with the Chinese Government’s COVID-19 restrictions.
• Make various amendments to the following overseas related provisions to include: new posting locations in Bangladesh and Estonia, Bangladesh, Estonia and an additional location in South Korea as hardship locations, and additional summer schools for Belgium.
• Make technical amendments to various provisions in the Principal Determination, including amending the formula for child supplement allowance and updating a position title to provide clarity and to promote the use of contemporary drafting standards for readability and consistency.
• Provide transitional provisions relating to food allowance, Royal Commission travel benefits, COVID-19 travel benefits for members who have travelled to or from China, and approved summer schools for members posted to Belgium.

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.

Right of the child to education

The protection of a child’s right to education is provided in Article 28 of the Covenant on the Rights of the Child. Article 28 requires States to provide access to different types of education.

Assessment of compatibility

Schedules 1 and 2 make technical amendments to the Principal Determination which do not change underlying policies or benefits. As such, they do not engage any of the applicable rights or freedoms.

Schedule 3 is compatible with human rights as it ensures the food allowance benefits continue to be available to members required to isolate, and that they continue to have access to just and favourable work conditions.

Schedule 4 is compatible with human rights by adjusting education assistance rates to ensure members of the ADF continue to receive just and favourable conditions of work. Periodic updates of the rates ensure that they remain contemporary and reflect the changes in the cost of living.

Schedule 5 is compatible with human rights as it provides assistance to a nominated support person of a member who is summoned as a witness to a Royal Commission hearing from 1 June 2022. This provides comparable assistance to that currently provided to the nominated support person of a member who is summoned to a court of inquiry.

Schedule 6 is compatible with human rights in that it provides accommodation and meal benefits to members of the ADF and their dependants who are required to isolate in response to the Chinese Government’s COVID-19 restrictions.

Schedule 7 advances human rights by providing education assistance for the children of members who are on long-term postings overseas as a part of the ADF’s conditions of service package. The Determination ensures that children accompanying members to a posting location are able to attend schools of a similar standard to those in Australia. Schedule 1 also provides additional assistance to a member performing duty in a hardship location so that the member and their dependants are compensated for the difficulties or hardships they can experience while performing duty in a hardship location as a part of their conditions of service package.

Schedule 8 is compatible with human rights by ensuring that the rates of child supplement and location allowances payable to members posted oversea reflect changes to the average annual salary of members posted overseas in line with the cost of living.

Conclusion

This Determination is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.