Defence Determination, Conditions of service Amendment Determination 2022 (No. 15)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination 2022 (No. 15)

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 obligations 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:

• Make technical amendments, including the following:

• Typographical, syntactical or semantic changes to provide clarity to the reader and promote the use of contemporary drafting styles.
• Updates to decision‑maker names as a consequence of position title changes within Defence Housing Australia.

• Rectification of pinpoint references as a result of amendments made to cited provisions which are administrative in nature.
• Removal of information that is non-legislative in nature, and does not need to be determined.

• Amend the daily rate of deployment allowance, and the maximum rate of reimbursement for additional risk life insurance policy premiums. These changes are in line with the ADF’s Workplace Remuneration Agreement.
• Amend education assistance which assists members pay for additional education costs for their children that may be incurred when a member is posted within Australia.
• Increase the number of remote location leave travel credits a member is eligible to receive for themselves and any dependants living in a remote location.
• Update the rate of the allowance payable to a member who is accompanied by a passenger or carries equipment while eligible for vehicle allowance.

• Include the following:

• Stockholm, Sweden as a new posting location.
• Stockholm International School as a benchmark school for members posted to Stockholm, Sweden.

Operational details

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

Incorporation by reference

The Determination makes references to sections of the Defence Determination 2016/19, Conditions of service. This Instrument is incorporated into this Determination as in force from time to time.

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 consultation was undertaken with the following:

• For Schedule 1, 2 and 5, the rule maker was satisfied that the changes made by these Schedules are technical or administrative in nature and consultation was not required

• For Schedule 3, Navy, Army, Air Force and Defence Member and Family Support.
• For Schedule 4, Navy, Army, Air Force and Defence Finance Group.
• For Schedule 6, Navy, Army and Air Force, Directorate of Attaché and Overseas Management and the Overseas Administration Team within the Department of Defence.

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

Annex A

Defence Determination, Conditions of service Amendment Determination 2022 (No. 15)

Operational details

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

Section 2 provides the following commencement dates:

• Sections 1 to 4 of this Determination commences on 10 November 2022.
• Schedules 1 to 4 and Schedules 6 and 7 of this Determination commence on 10 November 2022.
• Schedule 5 of this Determination commences on 2 February 2023.

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—Miscellaneous amendments

Items 1, 17 and 18 amend various provisions of the Principal Determination relating to the definition of “suitable accommodation”. The following amendments have been made to ensure correct placement of the definition within the Principal Determination and to provide clarity to the reader:

• Item 1 adds section 1.3.74A, which defines “suitable accommodation”, to the list of definitions in Chapter 1 Part 3.
• Items 16 and 17 repeal sections 7.1.14 and 7.1.17A which provide the definition of “suitable accommodation” for the purpose of Chapter 7 of the Principal Determination. These sections have been repealed as a consequence of relocating the definition of “suitable accommodation” to Chapter 1 by item 1 of this Schedule.

Items 2 and 3 amend section 2.3.4 of the Principal Determination which provides financial benefits following redundancy to a member whose service in the Permanent Forces is terminated by the CDF under paragraph 24(1)(b) of the Defence Regulation 2016 and they have completed more than 2 years continuous service. Item 1 amends section 2.3.4 to substitute “both these” with “all of the following” and item 2 amends paragraph 2.3.4.b to substitute “two” with “2” to promote consistency in drafting.

Item 4 amends section 2.3.5 of the Principal Determination which provides up to 48 weeks salary and allowances to a member of the Permanent Force if they cease to be a member because of redundancy. The item substitutes “these amounts” with “any of the following amounts” to promote the use of contemporary drafting styles.

Items 5 to 7 amend section 2.3.22 of the Principal Determination which provides a special benefit under section 2.3.23 to a member who is compulsorily transferred to the Reserves. The following minor amendments have been made to promote the use of contemporary drafting styles:

• Item 5 removes the indefinite article “a” from the section heading.
• Item 6 amends paragraph 2.3.22.2.a to substitute “two” with “2”.
• Item 7 amends paragraph 2.3.22.2.c to remove “the” before “receiving”.

Item 8 amends section 3.2.35 of the Principal Determination which provides that a member who is paid a specialist rate of salary under Chapter 3 Part 2 Division 4 or Division 4A retains the increment level for their rank when their pay grade changes. The amendment corrects a typographical error to un‑italicise the words “pay grade” in the section heading.

Item 9 amends section 3.2.43 of the Principal Determination which provides a legal officer in the specialist career structure up to the maximum increment level advancement depending on their legal level. The item amends the reference in subsection 3.2.43.3 by substituting “section 3.2.44” with “paragraph 1.b” to correct a typographical error.

Item 10 amends section 3.5.10 of the Principal Determination which describes the leave types and activities that are counted towards a member’s total effective service for the purpose of calculating a retention bonus under Chapter 3 Part 5 Division 2. The item inserts the indefinite article “a” before the word “member’s” in subsection 3.5.10.3 to correct a typographical error.

Item 11 amends section 3.5.70 of the Principal Determination which describes the leave types and activities that count towards a member’s total effective service for the purpose of calculating a retention bonus under Chapter 3 Part 5 Division 9. Paragraph 3.5.70.2.c is redrafted to promote the use of contemporary drafting styles.

Items 12 and13 amend section 6.5.5 of the Principal Determination which provides the different circumstances in which a member is ineligible for a removal. The following amendments have been made:

• Item 12 amends paragraph 6.5.5.1.g by substituting “military area” with Military Area” to promote consistency in drafting styles.
• Item 13 amend subparagraph 6.5.5.1.g.i by substituting “section” with “subsection” to promote the use of contemporary drafting standards.

Item 14 repeals and substitutes section 6.5.27 of the Principal Determination which provides removal assistance to reunite a member with their dependants who live in the member’s losing location. The section is redrafted to provide clarity to the reader and to promote the use of contemporary drafting styles.

Items 15 amends section 6.5.46 of the Principal Determination which provides removal benefits to a member who is ceasing, or in advance of ceasing, continuous full‑time service. The table in subsection 6.5.46.4 have been amended to provide clarity to the reader and to promote the use of contemporary drafting styles, including moving the conditions in item 2 Column 3 to Column A to better reflect the rule.

Item 16 amends section 6.5.72 of the Principal Determination which provides a member who gains additional dependants removal assistance to a suitable home at the posting location if the member’s home no longer suits as a consequence of the increase in the number of dependants. Subsection 6.5.72.2 has been amended to replace “subparagraph 7.6.4.1.b.iii” with “subparagraph 7.6.4.1.b.iv” to correct a typographical error.

Item 19 amends section 7.2.2 of the Principal Determination which provides alternative housing assistance to a member whose own home at their posting location becomes unsuitable or unavailable to live in when posted to the location, or if the member is required by their Service to occupy another home. The item adds a note at the end of the section, which reminds members of their obligations to notify Defence Housing Australia if they own, buy or sell a property in or near their posting location.

Item 20 repeals section 7.2.7 of the Principal Determination which provides administrative information relating to owning a suitable own home. The section has been repealed as the information provided is non‑legislative in nature, and does not need to be determined.

Item 21 repeals section 7.2.8 of the Principal Determination which provides that a member must notify the Defence Housing Australia Regional Operations Manager if they own, buy or sell a residential property in or near their posting location. This information has been inserted as a note in section 7.2.2 by item 6 of this Schedule.

Items 22, 29, 30, 32, 34 to 42 and 45 amend various provisions of the Principal Determination to replace “Director” with “Operations Manager” as a consequence of position title changes within Defence Housing Australia.

Item 23 repeals and substitutes section 7.2.17 of the Principal Determination which provides that a member who is not eligible for housing assistance under section 7.2.15 may be granted housing assistance if the CDF is satisfied that the member has met certain conditions. The section is redrafted to provide clarity to the reader, to promote the use of contemporary drafting styles and to replace “Director” with “Operations Manager” as a consequence of position title changes within Defence Housing Australia.

Items 24 and 26 amend sections 7.3.4 and 7.3.9 of the Principal Determination. Section 7.3.9 defines “purchase a home” and provides that an eligible person has purchased a home when they sign a contract of purchase or an agreement to build, or begin to build if they are an owner‑builder. The following amendments have been made to provide clarity to the reader:

• Item 24 adds the definition of “purchased a home” to the end of section 7.3.4 which provides definitions which apply to the whole of Chapter 7 Part 3.
• Item 26 repeals sections 7.3.9 as a consequence of the change made by item 24 of this Schedule.

Item 25 repeals section 7.3.7 of the Principal Determination which sets out the location where a member’s eligibility for assistance to purchase or sell a home arises depending on the member’s category. The item repeals the section as the member’s location does not form part of the criteria the decision‑maker has to consider in determining a member’s eligibility for assistance to purchase or sell a home under sections 7.3.10, 7.3.19, or 7.3.20.

Item 27 amends section 7.3.30 of the Principal Determination which provides that a member who ceases continuous full‑time service may be reimbursed the costs of selling the home where the member or their dependants live at their final posting location. The item repeals and substitutes paragraph 7.3.30.1.d to include a provision extending the period a member is required to have the contract for the sale of the home signed to the day that is 24 months after the day the member ceased continuous full‑time service. The amendment is made to ensure consistency with subsection 6.5.46.4 table item 3 Column B, and to provide clarity to the reader.

Item 28 repeals and substitutes section 7.3.31 of the Principal Determination which provides the amounts and kinds of costs a member may be reimbursed for professional fees and disbursements incurred in connection with the purchase or sale of a home or land. The section is redrafted to provide clarity to the reader

Item 31 repeals and substitutes section 7.6.8 of the Principal Determination which provides that a member who has a resident child carer must inform their unit administrator of the respective days when the resident child carer moves in and moves out. The section is redrafted to provide clarity to the reader.

Item 33 repeals and substitutes section 7.7.3 of the Principal Determination which provides the list of Defence Housing Australia employees who are able to act as decision‑makers under Part 7. The section is redrafted to update the list of names of decision‑makers as a consequence of position title changes within Defence Housing Australia.

Item 43 repeals and substitutes section 7.8.39 of the Principal Determination which provides that a member’s rent allowance will cease if they do not respond to the Defence Housing Australia Regional Operations Manager’s request for confirmation of information under subsection 7.8.38.3. The section is redrafted to replace “Director” with “Operations Manager” in paragraph 7.8.39.2.b as a consequence of position title changes within Defence Housing Australia, as well as to provide clarity to the reader.

Item 44 repeals and substitutes section 7.8.44 of the Principal Determination which provides that a member who receives an advance payment under Chapter 7 Part 8 Division 6 must provide the Defence Housing Australia Regional Operations Manager documents to demonstrate that it was spent for the intended purpose. The section is redrafted to replace “Director” with “Operations Manager” in subsection 7.8.44.1 as a consequence of position title changes within Defence Housing Australia, as well as to provide clarity to the reader.

Item 46 amends section 8.3.6 of the Principal Determination which provides when a member may be categorised as a member with dependants (unaccompanied). The item amends paragraph 8.3.6.5.b to substitute “either of the follow” with “any of the following” to promote the use of contemporary drafting styles.

Item 47 repeals paragraph 9.5.33.c of the Principal Determination which provides that Chapter 9 Part 5 Division 3 applies to a member who is travelling on leave travel. The paragraph is repealed to ensure consistency with section 9.5.5 of the Principal Determination which provides that Chapter 9 Part 5 does not apply to a member on pre or post-deployment leave travel, recreation leave travel, or remote location leave travel.

Item 48 amends section 15.1.10 of the Principal Determination which provides that a member on long‑term posting overseas can observe a maximum of 13 public holidays in any calendar year at any overseas posting location. The item amends paragraph 15.1.10.6.b by substituting “significant” with “significance” to correct a typographical error.

Item 49 amends section 16.4.11 of the Principal Determination which permits a member to offset their assisted leave travel if the CDF is satisfied specific criteria have been met. Paragraph 16.4.11.1.a has been amended to substitute “county” with “country” to correct a typographical error.

Schedule 2—Life insurance and deployment allowance amendments

Item 1 amends section 4.10.4 of the Principal Determination which provides that a member is eligible to be reimbursed for the additional premium of their life insurance policy as a result of the risks involved in, and the nature of, their duties in a specified area to which they are deployed. The item repeals and substitutes subsection 4.10.4.1 to promote the use of contemporary drafting styles. The item also inserts subsection 4.10.4.1A to set the total maximum amount of the additional risk premium that a member can be paid in a financial year under subsection 4.10.4.1. This is increased in line with the ADF’s Workplace Remuneration Agreement.

Schedule 3—Education assistance amendments

Items 1 and 2 amend section 8.4.8 of the Principal Determination which specifies the purpose of Chapter 8 Part 4 Division 2. Item 1 amends subsection 8.4.8.1 to make it clear that educational services are to help the child meet and maintain the academic standards of the child, rather than the school. Item 2 repeals subsection 8.4.8.2, this subsection is now provided under section 8.4.8A which has been inserted by item 3 of this Schedule.

Item 3 inserts section 8.4.8A into the Principal Determination which provides that Chapter 8 Part 4 Division 2 applies to a child who changes between the specified schools. The provision has been amended to include that when a child changes between the first year of compulsory schooling and primary school, Division 2 applies.

Items 4 to 7 amend section 8.4.9 of the Principal Determination which provides the members to whom Chapter 8 Part 4 Division 2 applies. The following changes have been made:

• Item 4 amends subparagraph 8.4.9.b.iii to provide that the Division applies when a child is changing schools, rather than having to attend the school. This change enables a child to participate in school through remote means rather than having to attend in person.
• Item 5 amends subparagraph 8.4.9.c to provide that a principal or child’s teacher is to provide evidence that at least one of the specified conditions has been met for the member to be eligible for assistance under the Division.
• Item 6 amends subparagraph 8.4.9.c.iii which provides the condition that a school cannot provide a therapy service or tuition to a child. The reference to tuition has been removed as it is provided under subparagraph 8.4.9.c.i.
• Item 7 repeals the note to paragraph 8.4.9.c which provides that the requirement to certify matters under the paragraph is met when the school principal or the child’s teacher provides evidence as part of the member’s approved application form. This information has been included in paragraph 8.4.9.c by item 5 of this Schedule, and is therefore removed.

Item 8 repeals and substitutes section 8.4.10 of the Principal Determination which provides that a member may be reimbursed the cost of their child’s tutoring of up to $112 an hour for each subject. The following amendments have been made to provide clarity to the reader:

• The words “face-to-face tutoring” in the section heading is replaced with “one-on-one tutoring” to reflect the change made in subsection 8.4.10.1.
• Subsection 1 is redrafted to put emphasis on the tutoring being conducted in person between the child and the tutor.
• The limit of one hour of additional tuition a week for each certified subject the member may reimburse under subsection 2 has been removed.
• The exception in subsection 6 in relation to direct payment of tutoring costs to the tutor in lieu of a reimbursement to the member has been removed and now forms part of the substantive rule in subsection 4.

Items 9 and 10 amend subsection 8.4.11.3 of the Principal Determination which provides the calculation for the reimbursement of web-based tuition costs. The subsection has been amended to refer to the provision of evidence in the approved application form and to reflect the change to one-on-one tutoring as a consequence of item 8 of this Schedule.

Items 11 and 12 amend section 8.4.14 of the Principal Determination which provides that a member who has a child who is a dependant with special needs is eligible for therapy services or tuition that are not provided by the school, but are critical to educational progress, or with an assessment of the child’s needs, that is critical to the development of an education program. The following changes have been made.

• Item 11 inserts subsection 8.4.14.2 which provides that a member who has a dependant who is a child with special needs is eligible for up to 14 hours of a therapy service when specific conditions are met. These conditions are currently provided under subsection 8.4.14.3 table item 1 and paragraph 8.4.14.4.a. Reference to the limit of a maximum of one hour a week has been removed.
• Item 12 amends subsection 8.4.14.3 and inserts subsection 8.4.14.4. The subsections provide the following:
  • Subsection 8.4.14.3 has been redrafted and now provides that the maximum benefit payable for a therapy service under subsection 8.4.14.2 is up to $112 an hour for each service.
  • Subsection 8.4.14.4 provides that a member is eligible for the reimbursement of costs up to $826 for a private assessment of their child’s needs when specified conditions are met.

Item 13 repeals and substitutes section 8.4.15 of the Principal Determination which provides that a member may have the education assistance benefits under Chapter 8 Part 4 Division 2 extended if the member’s child requires further tuition or therapy. The section has been redrafted to provide clarity and to make amendments consequential to the changes made by items 8, 11 and 12 of this Schedule.

Items 14 to 16 and 18 amend various provisions in Chapter 8 Part 4 Division 5 of the Principal Determination which provides assistance with accommodation costs for a member’s child who is in tertiary education and studying away from the member’s location of residence. The amendments change the member’s location of residence to the member’s posting location to provide clarity to the reader. The amendments also extend the benefit to provide that the benefit may also apply if the child is studying away from the member’s personal location. 

Item 17 repeals the note to subparagraph 8.4.24.1.a.iv of the Principal Determination which provides that a member must show a statement from Centrelink that the child is ineligible for youth allowance under the Social Security Act 1991 as part of establishing their eligibility for benefits under Chapter 8 Part 4 Division 5. The note no longer reflects current practice as members generally determine whether or not they are eligible for a youth allowance by using the Centrelink website estimator, which does not generate a statement. The note is no longer required and is therefore removed.

Items 19 and 20 amend section 8.4.25 of the Principal Determination which provides the rate and period of education assistance for a child who is in tertiary education. The following amendments have been made:

• Item 19 repeals the exception in paragraph 8.4.25.2.b that provides that assistance is not provided during course breaks at the end of semesters or academic years. This information is provided by paragraph 8.4.25.3.a and is therefore removed.
• Item 20 amends paragraph 8.4.25.3.a which provides that a member is not eligible for the reimbursement of accommodation costs during course breaks. The paragraph has been amended to provide that it does not apply if the student has a fixed term lease arrangement that requires the student to pay rent during the course break.

Schedule 4—Remote location leave travel

Item 1 and 2 repeal and substitute subsections 9.4.26.4 and 9.4.27.4 of the Principal Determination which provide the rate at which a member who is categorised as either a member without dependants or a member with dependants (unaccompanied) accrues remote location leave travel benefits. The subsections have been amended to increase the rate at which a member accrues remote location leave travel benefits as follows:

• For members serving in a location that attracts ADF district allowance at the Grade A rate, the rate has increased from one benefit every two years, to one benefit every 12 months.
• For members serving in any other remote location, the rate has increased from one benefit every year, to two benefits every 12 months.

Items 3 to 5 amend section 9.4.29 of the Principal Determination which provides the basic remote location leave travel benefits for a member who is categorised as a member with dependants when they are eligible for either Scheme A or Scheme B remote location leave travel. The following amendments have been made:

• Subsection 9.4.29.2 has been repealed and substituted and now provides when a member categorised as a member with dependants is eligible for remote location leave benefits.
• Subsection 9.4.29.3 been repealed and substituted and now provides the rate at which a member with dependants accrues remote location leave benefits.
• Subsection 9.4.29.4 has been repealed as the information provided was administrative in nature and did not need to be determined.

The amendments increase the rate of accrual for a member who is eligible for Scheme A remote location leave travel from one benefit every two years, to one benefit every 12 months and also promote the use of contemporary drafting styles.

Item 6 amends section 9.4.34 of the Principal Determination which provides when remote location leave travel benefits lapse. Subsection 9.4.34.2 which provides the day on which a remote location leave travel benefits lapses has been repealed and substituted to provide the following:

• That the remote location leave travel benefits a member accrues for themselves lapse on the earlier of the day before their next benefit accrues, or the last day of their posting to the remote location.
• That the remote location leave travel benefits a member accrues for their dependants lapse on the earlier of the day before they accrue the next benefit for their dependant, the day their dependant leaves the remote location, or the day the dependant ceases to be the member’s dependant.

Item 6 also inserts subsection 9.4.34.3 which provides that a benefit that has been deferred under section 9.4.35 does not lapse during the period of deferral. This information was previously provided under the exception contained within section 9.4.34.2 of the Principal Determination.

Item 7 amends section 9.4.37 of the Principal Determination which provides when remote location leave travel benefits accrue for members who are part of a dual serving couple. The following amendments have been made:

• Subsection 9.4.37.2 which provides when benefits accrue for members who are part of a dual serving couple has been redrafted to provide when a member who arrives in the remote location second accrues benefits.
• Subsection 9.4.37.3 has been inserted and provides the rate at which the member accrues benefits and reflects the change in the rate of accrual for members who are serving in a location that attracts ADF district allowance at the Grade A from one benefit every two years, to one benefit every 12 months.

Schedule 5—Passenger rate amendments

Item 1 amends section 9.6.26 of the Principal Determination which provides a member who carries a passenger or equipment on a journey for which they are eligible for vehicle allowance with an increase in the rate of vehicle allowance for each kilometre certain criteria are met. The increase rate per kilometre is increased from 0.90 of a cent per kilometre to 0.96 of a cent per kilometre.

Schedule 6—Overseas amendments

Item 1 amends 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 Stockholm, Sweden, as a new posting location.

Item 2 amends Annex 15.6.A of the Principal Determination which provides a list of benchmark schools which are used in determining the amount of education assistance available to a member under Chapter 15 Part 6. The table is amended to insert a benchmark school, the Stockholm International School, for the posting location of Stockholm, Sweden.

Item 3 amends section 17.7.6 of the Principal Determination which provides the daily rate of deployment allowance a member is paid as compensation for the hazard, stress and environmental factors they are likely to experience when force assigned on a warlike or non‑warlike deployment. The item amends the table in subsection 17.7.6.1 by increasing the member’s daily rate of allowance set out in Column C of the table in line with the ADF’s Workplace Remuneration Agreement.

Schedule 7—Transitional Provisions

Clause 1 provides definition which apply to Schedule 7 and includes definitions of dependant, defence determination, personal location with benefits, leave benefit and remote location.

Clause 2 provides when remote location leave travel benefits lapse for a member who is serving in a location that attracts ADF district allowance at the Grade A rate and, on the day this Determination commences, has an unused Scheme A remote location leave benefit under Chapter 9 Part 4 Division 4 of the Defence Determination. Under this transitional provision, members are provided an additional 12 months to use any unused remote location leave benefits.

Annex B

Defence Determination, Conditions of service Amendment Determination 2022 (No. 15)

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:

• Make technical amendments, including the following:

• Typographical, syntactical or semantic changes to provide clarity to the reader and promote the use of contemporary drafting styles.
• Updates to decision‑maker names as a consequence of position title changes within Defence Housing Australia.

• Rectification of pinpoint references as a result of amendments made to cited provisions which are administrative.
• Removal of information that are non-legislative in nature, and do not need to be determined.

• Amend the daily rate of deployment allowance, and the maximum rate of reimbursement for additional risk life insurance policy premiums. These changes are in line with the ADF’s Workplace Remuneration Agreement.
• Amend education assistance which assists members pay for additional education costs for their children that may be incurred when a member is posted within Australia.
• Increase the number of remote location leave travel credits a member is eligible to receive for themselves and any dependants who are living in a remote location.
• Update the rate of the allowance payable to a member who is accompanied by a passenger or carries equipment while eligible for vehicle allowance.

• Include the following:

• Stockholm, Sweden as a new posting location.
• Stockholm International School as a benchmark school for members posted to Stockholm, Sweden.

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 engages Article 28 of the Covenant on the Rights of the Child. Article 28 guarantees the rights of the child to education and achieving this right progressively and on the basis of equal opportunity.

Assessment of compatibility

Schedule 1 makes technical amendments to the Principal Determination which do not change underlying policies or benefits. It does not engage any of the applicable rights or freedoms.

Schedule 2 is compatible with human rights as it increases maximum reimbursable amount for additional risk premiums associated with a life insurance policy a member pays due to the additional risk involved with the duties they person. The increase ensures that the rate remain current and consistent with the increase applied to ADF salary and salary related allowances.

Schedule 3 makes technical amendments to education assistance provisions which provide benefits to members for their children when additional education costs are incurred. It does not engage any of the applicable rights or freedoms.

Schedule 4 is compatible with human rights as it provides an increase in the number of remote location leave travel benefits certain members posted to remote locations within Australia are eligible to receive. Remote location leave travel provides members and dependants relief from the climate and isolated conditions of remote locations as well as access to facilities not available in remote locations, including medical, dental and shopping facilities.

Schedule 5 is compatible with human rights as it increases the passenger rate of vehicle allowance ensuring that the rate payable when a member travels with a passenger or carries equipment remains current.

Schedule 6 is compatible with human rights as it provides the following:

• A benefit which provides members posted to Stockholm, Sweden assistance towards the education costs of any accompanying children attending school at the posting location. This ensures that children accompanying members are able to attend schools of a similar standard to those in Australia.
• An increase to deployment allowance for members who are serving in warlike operations overseas to ensure the rate remains current and consistent with the increase applied to ADF salary and salary related allowances.

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.