Defence Determination, Conditions of service Amendment Determination 2023 (No. 6)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination 2023 (No. 6)

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (Defence Act) 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:

• Amend the provisions relating to a member’s eligibility for removal on ceasing continuous full‑time service to provide a specific removal benefit for a member with dependants (unaccompanied) which includes a removal to, and for, their dependants.
• Amend the provisions relating to a member’s eligibility for reimbursement of tuition and accommodation costs they incurred for their child as a result of their posting to a different location. The amendments are made to minimise the impact of disruption to a child’s educational progress and emotional wellbeing caused by the posting through providing more effective support to the member and their dependants.
• Increase the amount that may be reimbursed in a financial year under the ADF family health program.
• Include additional health services and products for a member’s dependants that the member is eligible for the reimbursement of costs under the ADF family health program.
• Update the rates for child supplement allowance, which helps with extra costs of maintaining a child who is a dependant at the overseas posting location, and location allowance, which assists members and their dependants with the difficult conditions that may be encountered at an overseas hardship location.
• Provide a member, who is accompanied by their dependants on overseas postings, with access to reimbursement of the cost incurred for medical goods and services that would otherwise be available to them if they were in Australia.
• Update the approved club for a member posted to Ethiopia and the United Arab Emirates. The reason for this change is to provide increased convenience to a member and their family as the new clubs are closer to the Embassy and Defence Housing and provide better value for money.
• Amend assisted leave travel provisions to remove the requirement for a member and their dependants to travel together when using assisted leave travel and enable a member’s dependants to be able to access assisted leave travel benefits independently. Assisted leave travel provisions have also been amended to promote the use of contemporary drafting styles and to provide clarity to the reader.
• Standardise the representation of notes across the Principal Determination.
• Make a number of technical amendments that do not alter the underlying policies, or the benefits which are currently provided. This includes the removal of information that is non-legislative in nature and does not need to be determined.

Operational details

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

Retrospective application

The retrospective application of Schedules 11 and 12 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, consultations were undertaken with the following:

• Schedule 1:  Defence Finance Group and the Navy, Army and Air Force Services.
• Schedules 2 and 11: Defence Members and Family Support, and the Navy, Army and Air Force Services.
• Schedule 3: Joint Health Command, Recruitment and Retention Division within Defence People Group, and Navy Health.
• Schedules 4 and 5: the Navy, Army and Air Force Services.
• Schedules 6 and 12: Joint Health Command and the Navy, Army and Air Force Services.
• Schedules 7 and 12: Directorate of Attaché and Overseas Management, and the Navy, Army and Air Force Services
• Schedule 8: People Systems and Payroll Service Branch, Directorate of Attaché and Overseas Management, Headquarters Joint Operations Command and the Navy, Army and Air Force Services.
• Schedules 9 and 10: The rule maker was satisfied that the changes made by these Schedules are technical in nature and consultation was not required.

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

Annex A

Defence Determination, Conditions of service Amendment Determination 2023 (No. 6)

Operational details

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

Section 2 provides the following commencement.

• Sections 1 to 4 of the Determination and anything in the Determination not elsewhere covered by the table commences on the day after the instrument is registered.
• Schedules 1, 2, 6 to 9, 11 and 12 of the Determination commences on 8 June 2023.
• Schedules 3, 4 and 10 of the Determination commences on 1 July 2023.
• Schedule 5 of the Determination commences on 3 August 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—Removal on ceasing continuous full‑time service amendments

Item 1 amends 6.5.46 of the Principal Determination which provides the removal benefit a member is eligible for on ceasing continuous full-time service. The item amends the table within section 6.5.46 to add table item 6. The new table item provides a removal for a member with dependants (unaccompanied) who is to relocate to their dependant’s location. It also provides that the pick-up location is from the member’s posting location and the drop-off location is the location of the member dependants. A removal under this table item must occur before the member’s dependants are removed to the member’s final location on ceasing continuous full-time service. 

Item 2 inserts section 6.5.46A into the Principal Determination which provides that a member with dependants (unaccompanied) is eligible for an additional removal to that provided by section 6.5.46 for their dependants when ceasing continuous full-time service. The new section specifies where the additional removal is to be from and to, and that the same conditions and limitations apply to the additional removal that would have applied had the removal been for the member under section 6.5.46.

Item 3 amends subsection 6.5.54.1 of the Principal Determination which provides storage benefits for a member without dependants. The subsection has been amended to ensure consistency with the section heading and with extant policy. The amendments do not change the benefits which are currently provided.

Item 4 amends section 6.5.60 of the Principal Determination which provides storage benefits for a member who is ceasing continuous full-time service. Subsection 6.5.60.5 has been repealed and substituted to provide that a member is not eligible for storage on ceasing continuous full-time service if:

• the member’s items were removed to storage at the location the member has nominated to live following ceasing continuous full-time service, and the member decides to live in a different location to the one they nominated; or
• the member does not occupy a specific type of subsidised accommodation and they are relocating to a home within the Australian posting location they last received a removal to.

Schedule 2—Education assistance amendments

Item 1 amends section 8.4.9 of the Principal Determination which provides that Chapter 8 Part 4 Division 2 applies to a member whose child changes schools due to the member being posted to a different location. Subparagraph 8.4.9.b.iv has been repealed to enable a member to be reimbursed costs of tutoring for their child if it is known prior to commencement of the school year in the new posting location that the child’s academic performance is not meeting the required standards in the previous location.

Item 2 repeals and substitutes section 8.4.16 of the Principal Determination which provides that the purpose of Chapter 8 Part 4 Division 3 is to assist a member with educational costs that would have been covered by the scholarship their child previously held had they not moved to a different posting location. The section is amended to promote contemporary drafting styles.

Item 3 repeals and substitutes section 8.4.18 of the Principal Determination which provides that a member is eligible to be reimbursed the costs they incurred for their child’s compulsory tuition fees and textbooks at the new location as a result of the child losing their scholarship due to the member’s new posting. The item makes the following amendments.

• Inserts the word “up” before the phrase “to the value of” in paragraphs 8.4.18.1.a and b to clarify that the amount a member may be reimbursed must be equal only to the actual educational costs incurred at the new location.
• Inserts subsection 8.4.18.3 which provides that the total amount of reimbursement under the section must not exceed the unused part of the scholarship or, if a sublimit applies to a specified type of expense, the maximum for that sublimit.

Items 4 and 5 amend section 8.4.21 of the Principal Determination which provides the amount of contribution a member must pay towards educational costs they incur for their child who does not accompany them to their new posting location. The items make the following amendments.

• Item 4 omits and substitutes table item 1 in subsection 8.4.21.1 to provide the contribution a member must make towards their child’s compulsory tuition fees. The table item has been amended to provide that the contribution is the higher of the prescribed amount in column C paragraph a and the amount that is equal to the contribution they would normally have incurred for their child’s continued attendance at that school prior to the member’s new posting.

• Item 5 inserts subsection 8.4.21.1A which provides that boarding arrangements under subsection 8.4.21.1 table item 2 does not include supervision of the child in a member’s home, and that private accommodation under subsection 8.4.21.1 table item 3 does not include a home owned by the member or their dependant.

Items 6, 7 and 8 amend section 8.4.24 of the Principal Determination which provides that Chapter 8 Part 4 Division 5 applies to a member who incurs accommodation costs for a dependant who is enrolled in a full‑time undergraduate course at a tertiary institution in Australia and that dependant is not eligible for Youth Allowance. The items make the following amendments.

• Item 6 repeals and substitutes subparagraph 8.4.24.1.a.iii to clarify that the member’s dependant must not reside at the member’s personal location nor at the member’s posting location because their selected course is not offered in any of those locations.
• Item 7 repeals and substitutes paragraph 8.4.24.1.b to clarify that the child’s accommodation for which the member incurs costs does not include accommodation which is owned by the member.
• Item 8 corrects a typographical error.

Schedule 3—ADF family health program amendments

Item 1 amends section 8.9.2 which provides the definitions that apply in Chapter 8 Part 9 of the Principal Determination. Item 1 inserts a new definition of healthcare physician which includes General Practitioners, Dieticians, Exercise Physiologists and Physiotherapists. The definition does not exclude other types of healthcare physicians.

Items 2 and 3 amend section 8.9.6A of the Principal Determination which provides the amount that an eligible person may be reimbursed in a financial year for each eligible dependant. The changes are as follows.

• Item 2 increases the reimbursable amount from “$400” in a financial year to “$800” in a financial year. This increase in the amount will ensure that an eligible dependant will be able to receive reimbursement for more services and products that are needed to maintain and improve their health.
• Item 3 inserts additional services and products provided under section 8.9.7C, section 8.9.7D and section 8.9.7E as reimbursable services and products.

Items 4, 7 and 8 amend paragraph 8.9.7.1.e, section 8.9.7A and section 8.9.7B of the Principal Determination to remove “from 15 December 2022”. This date was included to provide that the provisions were available from that date, the provisions have now commenced and the date is no longer required.

Item 5 repeals and substitutes paragraph 8.9.7.1.f of the Principal Determination which provides that out of pocket expenses for prescriptions under the Pharmaceutical Benefits Scheme are reimbursable. The paragraph has been amended to provide that pharmaceuticals not subsidised under the Pharmaceutical Benefits Scheme are reimbursable to an eligible person.

Item 6 repeals and substitutes subsection 8.9.7.2 of the Principal Determination which provides the services or products which are not reimbursable. The subsection has been amended to remove the restriction that a service or product that attracts GST is not reimbursable.

Item 9 inserts section 8.9.7C, section 8.9.7D and section 8.9.7E into the Principal Determination.

• Section 8.9.7C provides that a claimant is eligible to be reimbursed out of pocket expenses for services promoting healthy eating that an eligible beneficiary has been referred to in relation to an existing condition. The cost of food is not covered under this section.
• Section 8.9.7D provides that a claimant is eligible to be reimbursed out of pocket expenses for services including gym memberships and classes that an eligible beneficiary has been referred to in relation to an existing condition.
• Section 8.9.7E provides that a claimant is eligible to be reimbursed out of pocket expenses for services and products including skin cancer checks, mole mapping and bowel screening kits that assist in the detection and prevention of cancer. Other services that may be used for the detection and treatment of cancer are provided under section 8.9.7 by specialists and allied health services.

Schedule 4—Location allowance and child supplement amendments

Item 1 amends subsection 15.2A.20.3 of the Principal Determination which provides the rate of child supplement allowance that applies to a member posted to an overseas posting location depending on the age of their child. The subsection has been amended to provide the rates of child supplement allowance that apply to a member on or before 5 July 2023 and on or after 6 July 2023. The rates that apply to a member on or after 6 July 2023 have been increased to reflect changes to the average salary of members posted overseas.

Items 2 and 3 amend section 16.2A.5 of the Principal Determination which provides the rate of location allowance which applies to a member when they are posted to an overseas hardship location to assist with the difficult conditions that may be encountered. The section has been amended in the following ways.

• Item 2 amends subsection 16.2A.5.1 to provide that the rates in the subsection apply to a member on or before 5 July 2023.
• Item 3 inserts subsection 16.2A.5.1A which provides the rates that apply to a member on or after 6 July 2023. The rates that apply to a member on or after 6 July 2023 have been increased to reflect changes to the average salary of members posted overseas.

Schedule 5—Location allowance and child supplement post 6 July 2023 amendments

Item 1 repeals and substitutes subsection 15.2A.20.3 of the Principal Determination which provides the rate of child supplement allowance that applies to a member posted to an overseas posting location depending on the age of their child. The subsection has been amended to remove the rates which applied to a member on or before 5 July 2023.

Items 2 and 3 amend section 16.2A.5 of the Principal Determination which provides the rate of location allowance which applies to a member when they are posted to an overseas hardship location to assist with the difficult conditions that may be encountered. The section has been amended in the following ways.

• Item 2 repeals and substitutes subsection 16.2A.5.1 to remove reference to “on or before 5 July 2023” and to provide the rates of location allowance that apply to a member posted to an overseas hardship location at the time this Schedule commences.
• Item 3 repeals subsection 16.2A.5.1A which provides the rates that apply to a member on or after 6 July 2023. The subsection is repealed as a consequence of the changes made by item 2 of this Schedule.

Schedule 6—Government funded non-Medicare services amendments

Item 1 amends section 15.5.7 of the Principal Determination which provides that a member may be eligible for reimbursement of out-of-pocket expenses for medical services that would be covered by Medicare in Australia. The section is amended to include medical goods and services provided for in Australia by Government funded non-Medicare schemes.

Item 1 also adds section 15.5.7A into the Principal Determination which specifies the minimum thresholds a member must meet in out-of-pocket expenses before they become eligible for a reimbursement under section 15.5.7. The new section contains information which was previously provided under section 15.5.7 as well as a formula which is to be used to calculate the minimum threshold for a member who is only eligible for part of a financial year. The new section does not alter underlying policy, or change benefits which are currently provided.

Schedule 7—Approved club amendments

Item 1 amends table item 4 of subsection 15.8.2.2 of the Principal Determination which specifies the approved club in Ethiopia for the purpose of pursuing sporting, recreational and fitness activities. The table item is amended to change the approved club for Ethiopia from “Hilton Hotel Health Club, Addis Ababa” to “Hyatt Hotel Health Club, Addis Ababa”.

Item 2 amends table item 30 of subsection 15.8.2.2 of the Principal Determination which specifies the approved club in the United Arab Emirates for the purpose of pursuing sporting, recreational and fitness activities. The table item is amended to change the approved club for the United Arab Emirates from “Radisson Blu Beach Club and Spa” to “Health Club, The Bayshore Health Club, Intercontinental Hotel”.

Schedule 8—Assisted leave travel amendments

Item 1 repeals and substitutes Chapter 16 Part 4 of the Principal Determination which provides assisted leave travel benefits to members and their dependants when the member is posted to a hardship location overseas. The substituted part provides the following:

• Section 16.4.1 provides the purpose of assisted leave travel, which is to provide a member and each of their dependants living at a hardship location with travel to a leave centre to enable access to health and shopping facilities not normally available at the hardship location and to obtain relief from the environment at the hardship location.
• Section 16.4.2 provides a definition of leave centre and ordinary posting period which apply to the Part.
• Section 16.4.3 provides that a member who is posted to a hardship location is eligible for assisted leave travel for themselves and each of their dependants.
• Section 16.4.4 provides the events which will reduce the number of assisted leave travel benefits a person has.
• Section 16.4.5 provides what an assisted leave travel benefit includes, and the conditions which apply to the benefit. 
• Section 16.4.6 provides how to calculate vehicle allowance if a member or their dependants travels by private vehicle as part of their assisted leave travel.
• Section 16.4.7 provides when a person is eligible for excess baggage, and what the excess baggage benefit includes.
• Section 16.4.8 provides that the Director Overseas and Housing Policy may substitute a leave centre if they are satisfied that the leave centre is temporarily unsuitable.
• Section 16.4.9 provides how many assisted leave travel benefits a member is eligible for during their ordinary posting period.
• Section 16.4.10 provides how many assisted leave travel benefits a member is eligible for if their posting period is longer than the ordinary posting period.
• Section 16.4.11 provides how many assisted leave travel benefits a member is eligible for if their posting period is shorter than the ordinary posting period.
• Section 16.4.12 provides that a member is eligible to offset an assisted leave travel benefit to travel to another country to that provided by Annex 16.B for the location to which they are posted, or to a location within the country they are posted if the CDF is satisfied that the travel meets the purpose of assisted leave travel.
• Section 16.4.13 provides what a member is eligible to be reimbursed if they have been approved to offset their assisted leave travel benefit.
• Section 16.4.14 provides an additional accommodation benefit for a member who is posted to China and is approved to offset their assisted leave travel benefit to travel to an in-country location in China. 
• Section 16.4.15 provides the circumstances when a member must repay an assisted leave travel benefit, being when the travel for which the member has been reimbursed for does not occur, or they do not provide proof of travel for an assisted leave travel benefit that they have been approved to offset, or have been reimbursed for in advance of the travel occurring.
• Section 16.4.16 provides what proof of travel means for the purpose of section 16.4.15.

The changes made by this item also promote the use of contemporary drafting styles and provide clarity to the reader as to how the assisted leave travel benefits apply.

Schedule 9—Note standardisation amendments

Items 1 to 66 make formatting and minor amendments to notes to provide consistency in the drafting of notes across the Principal Determination. These are technical amendments and do not alter the underlying policies, or the benefits which are currently provided.

Schedule 10—Miscellaneous amendments

Amendments made under this Schedule are technical in nature and promote the use of contemporary drafting styles and clarity to the reader. Underlying policies and the benefits which are currently provided are not altered by the changes made by this Schedule.

Item 1 repeals and substitutes section 2.3.7 of the Principal Determination which provides when a member must repay a redundancy benefit. The item incorporates the exception into the section which provided that the CDF may decide that the repayment is not required.

Item 2 amends section 3.2.22 of the Principal Determination which provides that a member who ceases performing the duty of a specialist officer will subsequently be paid the salary rate equivalent to the rank increment they formerly held in their specialist officer competency level. The item incorporates the exception under subsection 3.2.22.2, which provides that the CDF may consider a higher salary rate which corresponds to the member’s experience, qualification and skills.

Item 3 amends section 3.2.43 of the Principal Determination which provides when a legal officer in the specialist career structure becomes eligible for an increment level advancement. The item incorporates the exception under subsection 3.2.43.2 which provides that the CDF may consider a higher salary rate which corresponds to the member’s experience, qualification and skills, by adding subsection 3.2.43.2A.

Item 4 amends section 4.9.16 of the Principal Determination which provides health support allowance to a member who provides capability at short notice and assigned service category 4. The item incorporates the exception under subsection 4.9.16.5 which provides that the CDF may consider the member’s reason for not having insurance for the full period as a condition of the allowance to decide whether or not to require the member to repay the allowance.

Item 5 repeals and substitutes section 7.1.7 of the Principal Determination which provides that a member who is not entitled to salary is not eligible for housing or meals allowance. The item incorporates the exception under the section which provides that the member may be eligible for the allowance or a reimbursement if the CDF approved payment of an allowance during all or part of a member’s period of leave, or if the member is on flexible service determination.

Items 6 and 7 amend section 7.3.13 of the Principal Determination which provides when a home purchased under HPAS must be occupied by the member or an eligible person for the purpose of repaying the HPAS payment under section 7.3.15. Item 6 renumbers the subsection as a consequence of the amendment made by item 7, which inserts subsection 7.3.13.2 and provides that the CDF may extend the specified time period in column B of the table under subsection 7.3.13.1 if satisfied that an eligible person cannot occupy the home for a reason beyond their control.

Item 8 amends section 7.4.14 of the Principal Determination which provides the situations when a member’s licence to live in for a period of no longer than 3 years may be revoked by the CDF. The item repeals and substitutes subsection 7.4.14.1 to incorporate the exception under paragraph 7.4.14.1.c, which now provides that a member’s licence to live in may be revoked if the member fails to give notice in the absence of any emergency or situations beyond the member’s control.

Item 9 repeals and substitutes section 14.5.4 of the Principal Determination which provides when a member is eligible for settling out allowance and the period for which they are eligible to receive the allowance. The section is amended to incorporate the exception which was previously provided under subsection 14.5.4.3.

Items 10 and 11 amend section 17.3.2 of the Principal Determination which provides that a member travelling by commercial air service to, on or from warlike or non‑warlike deployments may be eligible for travel in the class of air travel that corresponds to their rank. Item 10 repeals the exception previously provided under paragraph 17.3.2.3.b as a consequence of the amendment made by item 11, which repeals and substitutes subsection 17.3.2.4 to incorporate the exception which now provides that the CDF may have regard to all of the factors listed in the subsection to decide whether to approve a member who holds the rank of Colonel or lower to travel business class.

Item 12 amends section 17.7.23 of the Principal Determination which provides the conditions a member must meet to be granted relief out-of-country travel fare assistance. The item repeals and substitutes subsection 17.7.23.1 to incorporate the exception which was previously provided under paragraph 17.7.23.1.a into the new subsection 17.7.23.1A. Subsection 17.7.23.1A provides that the CDF may approve relief‑out‑of‑country travel fare for a member on a deployment of less than 6 months, having regard to whether the member is performing exceptionally demanding duties, or is likely to serve multiple deployments in a 12‑month period.

Item 13 amends section 17.7.24 of the Principal Determination which provides that a member may offset relief out-of-country travel fare assistance to travel to a destination in another country that meets the purpose of assistance with relief travel. Subsection 17.7.24.5 has been amended to remove reference to “to Australia” to provide clarity that a member may combine 2 trips that they are eligible for to travel to Australia or another approved destination.

Schedule 11—Savings provisions

Clause 1 provides that the Defence Determination as used in Schedule 2 is the Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of Schedule 2.

Clause 2 provides that education assistance continues to apply to a member who had been approved under Chapter 8 Part 4 Division 4 of the Defence Determination immediately before the commencement of Schedule 2. The clause further provides that a member ceases to be eligible for benefits under this clause if the member’s current posting ends, is posted back to their previous posting location, ceases continuous full-time service, or their child completes their education.

Schedule 12—Transitional provisions

Clause 1 defines Defence Determination, which is incorporated as in force from time to time. It also defines eligible person and period of eligibility for the purpose of clause 2 of this Schedule.

Clause 2 provides a transitional provision for a member who would have been eligible for reimbursement for out‑of‑pocket medical expenses under section 15.5.7 of the Principal Determination during the period of eligibility had the changes been applied at that time. The member is eligible for the reimbursement of eligible medical expenses under section 15.5.7 of the Principal Determination had Schedule 6 of this Determination been in force during the period of eligibility. The amount a member can claim as reimbursement is reduced by any amount that has already been claimed by the member during the period of eligibility.

Clause 3 provides a transitional provision for a member who is or was posted to Ethiopia or the United Arab Emirates and eligible for the cost of club membership in their posting location under section 15.8.4 or 15.8.5 of the Principal Determination between 21 March 2023 and the commencement of Schedule 7. The member is eligible for the cost of club membership under section 15.8.4 or 15.8.5 of the Principal Determination had Schedule 7 of this Determination been in force between 21 March 2023 and the commencement of Schedule 7. The amount a member is eligible for is reduced by the amount the member received for the cost of a membership under section 15.8.4 or 15.8.5 of the Principal Determination between 21 March 2023 and the commencement of Schedule 7 that has not been repaid.

Annex B

Defence Determination, Conditions of service Amendment Determination 2023 (No. 6)

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:

• Standardise the representation of notes across the Principal Determination.
• Make a number of technical amendments that do not alter the underlying policies, or the benefits which are currently provided. This includes the removal of information that is non-legislative in nature and does not need to be determined.
• Amend the provisions relating to a member’s eligibility for removal on ceasing continuous full‑time service to provide a specific removal benefit for a member with dependants (unaccompanied) which includes a removal to, and for, their dependants.
• Amend the provisions relating to members’ eligibility for reimbursement of tuition and accommodation costs they incurred for their child as a result of their posting to a different location. The amendments are made to minimise the impact of disruption to a child’s educational progress and emotional wellbeing caused by the posting through providing more effective support to members and their dependants.
• Increase the amount that may be reimbursed in a financial year under the ADF family health program.
• Include additional health services and products for a member’s dependants that the member is eligible for the reimbursement of costs under the ADF family health program.
• Update the rates for child supplement allowance, which helps with extra costs of maintaining a child who is a dependant at the overseas posting location and location allowance, which assists members and their dependants with the difficult conditions that may be encountered at an overseas hardship location.
• Provide members who are accompanied by their dependants on overseas postings with access to reimbursement of the cost incurred for medical goods and services that would otherwise be available to them if they were in Australia.
• Update the approved club for members posted to Ethiopia and the United Arab Emirates. The reason for this change is to provide increased convenience members and their families as the new clubs are closer to the Embassy and Defence Housing and provide better value for money.
• Amend assisted leave travel provisions to remove the requirement for a member and their dependants to travel together when using assisted leave travel and enable a member’s dependants to be able to access assisted leave travel benefits independently. Assisted leave travel provisions have also been amended to promote the use of contemporary drafting styles and to provide clarity to the reader.

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 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 requires States to provide access to different types of education.

Assessment of compatibility

Schedule 1 is compatible with human rights as it provides a member with dependants (unaccompanied) with additional removal benefits for their dependants when the member ceases continuous full-time service.

Schedules 2 and 11 are compatible with human rights as they ensure that a child’s educational progress and emotional wellbeing is not adversely impacted by the member’s new posting through the provision of assistance with educational and accommodation costs incurred by the member as a result of their posting.

Schedule 3 is compatible with human rights as it promotes access to services and products which promote a person’s physical wellbeing.

Schedule 4 is compatible with human rights as it increases the rates of child supplement allowance and location allowance to reflect changes to the average salary of members posted overseas.

Schedule 5 makes amendments to the Principal Determination which does not change the underlying policies or benefits. As such, it does not engage any of the applicable rights or freedoms.

Schedules 6 and 12 are compatible with human rights as they provide access to medical goods and services which promote a person’s physical wellbeing as a part of the member’s conditions of service.

Schedules 7 and 12 are compatible with human rights as they provide a replacement approved club for members and their dependants to join when the member is posted to Ethiopia or the United Arab Emirates, so members and their dependants in that location can continue to receive a benefit as a part of the member’s conditions of service to pursue sporting, recreational and fitness activities.

Schedule 8 is compatible with human rights as it enables a member’s dependants to use assisted leave travel benefits when a member is unable to travel due to Service reasons.

Schedules 9 and 10 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.

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.