Defence Determination, Conditions of service Amendment Determination 2023 (No. 8)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination 2023 (No. 8)

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 the higher duties allowance paid to a member, including a member in the Reserves, directed to perform duties attributed to a higher rank or higher position. The amendments provide the rate of higher duties allowance that applies to specific members.
• Amend the eligibility for a member receiving district allowance for a remote location when they are absent for temporary duty.
• Update the eligibility criteria for the trainee’s dependant allowance to increase the expected income limit to the current minimum wage.
• Extend the Army dental officer professional development scheme to 30 June 2026.
• Amend short absence provisions to clarify that short absence – not required for duty only applies to a member when they are not on another kind of short absence provided by Part 11 of Chapter 5. The Determination also clarifies that a member may take a short absence to attend an exam in connection with a course of study they are undertaking on the same day they take a half day of recreation leave.
• Remove provisions relating to the Puckapunyal housing trial and clarify that any members who were approved to participate in the trial are now considered to be participating in the flexible housing trial.
• Update the rates of education assistance available to members domestically and while posted overseas.
• Amend the rates of allowances and related benefits that may be paid to a member in connection with travel undertaken for duty purposes. The rates are adjusted annually to ensure they remain contemporary based on annual advice from a contracted service provider. The rate changes this Determination introduces are based on the Subscription Notice No. 5 of 6 2022‑2023 Allowance Subscription Service Travel Related Allowances – May 2023.
• Amend the provisions which provide a member with the reimbursement of the cost for keeping their accommodation in their housing benefit location when they are on temporary duty for more than 21 days and in receipt of travelling allowance. The amendments are made to ensure consistency with the benefits provided to members in the same circumstance who have a Defence travel card.
• 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 military factor adjustment.
• Make miscellaneous amendments to the Principal Determination which do not alter any 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.
• Make technical amendments to remove ambiguity and improve conciseness by redrafting “exception” provisions in Chapters 15 and 17 of the Principal Determination. The changes aim to align the relevant provisions with contemporary drafting standards to improve readability. This includes the removal of information that is non-legislative in nature and does not need to be determined. The redrafted provisions are policy neutral and do alter any underlying policies or the benefits which are currently provided.

Operational details

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

Incorporation by reference

For the purpose of adopting Defence Force Remuneration Tribunal (DFRT) determinations, being instruments other than a legislative instrument, section 58B(1A) of the Defence Act provides a contrary intention to section 14(2) of the Legislation Act. Section 58B(1A) of the Defence Act permits DFRT determinations, as in force from time to time, being adopted in this determination in accordance with section 14(1)(b) of the Legislation Act.

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, consultation was undertaken with Navy, Army and Air Force, People Systems & Payroll Services Branch, Defence Travel, Directorate of Relocations and Housing and Defence Legal.

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

Annex A

Defence Determination, Conditions of service Amendment Determination 2023 (No. 8)

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 the Determination commences on the day the instrument is registered.
• Schedule 1 to 5 of the Determination commences on 3 August 2023.
• Schedule 6 of the Determination commences on 12 October 2023.
• Schedule 7 to 9 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—Higher duties allowance amendments

Item 1 inserts the heading “Division 1: General provisions” before section 4.1.1 of the Principal Determination. The heading has been added to provide clarity to the reader.

Item 2 adds the definition of “salary non-reduction arrangement” to section 4.1.2 of the Principal Determination which provides the definitions that apply to Part 1 of Chapter 4.

Items 3 to 5 amend section 4.1.4 of the Principal Determination which provides the circumstance in which a member is not eligible to receive higher duties allowance under Chapter 4. The following amendments have been made.

• Item 3 repeals and substitutes the heading of section 4.1.4 to better describe the purpose of the section.
• Item 4 inserts the word “recategorisation” after “undergoing” in paragraph 4.1.4.a to improve clarity and consistency with the words as used across the Principal Determination to describe a trainee.
• Item 5 repeals and substitutes paragraph 4.1.4.b to provide that a member who is an Aviation Specialist and paid salary under the Officer Aviation Specialist Structure.is not eligible for higher duties allowance. The item also inserts paragraph 4.1.4.ba which provides that a member in the Specialist Pathway or Stream of the Officer Aviation Pay Structure is also not eligible for higher duties allowance.

Item 6 inserts the heading “Division 2: Eligibility” before section 4.1.5 of the Principal Determination. The heading has been added to provide clarity to the reader.

Item 7 and 8 amend section 4.1.5 of the Principal Determination which provides the factors an approver must be satisfied of for a member to be eligible for higher duties allowance. Item 7 repeals and substitutes subsection 4.1.5.3 to correct a typographical error and to promote contemporary drafting styles. Item 8 adds subsection 4.1.5.4 to clarify that for a member in the Reserves to be eligible for higher duties allowance, the majority of the work they perform must be in the higher duties role.

Items 9 repeals and substitutes section 4.1.6 of the Principal Determination which provides the rate of higher duties allowance a member is eligible to be paid. The section has been amended to provide that the rate of higher duties allowance that applies to the member is the rate set out in Division 3, and that where a member is eligible for more than one rate of higher duties allowance on a day, the member is to be paid the higher rate for that day.

Item 10 inserts Division 3: Rate of higher duties allowance into the Principal Determination. The new division provides the following.

• Section 4.1.8 provides the rate of higher duties allowance that is payable to a member when they are directed to perform duties of a position that is normally performed by a member at a higher rank that attracts a salary from within the same schedule that applies to the member under DFRT Determination 2 of 2017.
• Section 4.1.9 provides the rate of higher duties allowance that is payable to a member when they are directed to perform duties of a position that is normally performed by a member at a higher rank that attracts a salary from outside the pay schedule that applies to the member under of DFRT Determination 2 of 2017.
• Section 4.1.10 provides the rate of higher duties allowance that is payable to an officer aviation member who is directed to perform higher duties.
• Section 4.1.11 provides the rate of higher duties allowance that is payable to a member who is paid salary under a specialist career structure (schedules B.5, B.6, B.7 or B.8 of DFRT Determination 2 of 2017) and is directed to perform higher duties.
• Section 4.1.12 provides the rate of higher duties allowance that is payable to a member who holds the rank of a Warrant Officer Class 2 and is directed to perform the duties of a Warrant Officer Class 1.
• Section 4.1.13 provides the rate of higher duties allowance that is payable to a member who is directed to perform higher duties and salary non-reduction arrangements apply to them.
• Section 4.1.14 provides the rate of higher duties allowance that is payable to a member who held an enlisted rank immediately before becoming an officer and is directed to perform higher duties.
• Section 4.1.15 provides the rate of higher duties allowance that is payable to a member who is: directed to perform the duties at the rank of corporal; they are in Army; and they either hold the rank of private or they hold the proficiency of private proficient.
• Section 4.1.16 provides the rate of higher duties allowance that is payable to a member who is directed to perform the duties of a position normally performed by a member at the rank of Brigadier or higher.
• Section 4.1.17 provides the rate of higher duties allowance that is payable to a member who is directed to perform the duties of an APS position with an SES classification which has been assessed as higher duties or a position that is normally performed by a higher rank in a position in a foreign military force.

Schedule 2—District allowance, trainee’s dependant allowance and Army dental officer professional development scheme amendments

Item 1 amends section 4.4.11 of the Principal Determination which provides that a member is eligible for district allowance when the member is absent from a remote location on temporary duty. The item amends table item 2 in subsection 4.4.11.2 to provide that a member who has accompanied resident family who remain in the remote location is eligible to receive district allowance when the member is absent on temporary duty. Currently this table item applies when a member’s unaccompanied resident family remain in the remote location. As the categorisation of a member’s resident family does not change when a member is on temporary duty, this table would not apply.

Item 2 makes a minor amendment to section 4.4.11 of the Principal Determination. This is a technical amendment and does not alter the underlying policies, or the benefits which are currently provided.

Item 3 amends section 4.8.6 of the Principal Determination which provides the eligibility criteria for trainees to receive trainee’s dependant allowance. The item amends paragraph 4.8.6.1.a to amend the expected income of an eligible dependant to the current minimum wage for the 2023/2024 financial year.

Item 4 amends subsection 4.8.29.2 of the Principal Determination which provides when the Army dental officer professional development scheme ceases to apply to members. The subsection has been amended to extend the date that the scheme ends from 30 June 2023 to 30 June 2026.

Schedule 3—Short absence amendments

Item 1 amends section 5.11.10B of the Principal Determination which provides the criteria a member must meet to take a short absence when they are not required for duty. The section has been amended to insert paragraph 5.11.10B.c which clarifies that a member must not be on another kind of short absence provided by Part 11 of Chapter 5.

Item 2 repeals and substitutes section 5.11.20 of the Principal Determination which provides when a member cannot take a short absence to attend an exam in connection with a course of study they are undertaking. The section has been amended to provide that a member may take a short absence under Division 5 of Part 11 to Chapter 5 on the same day they take a half day of recreation leave.

Item 3 and 4 repeal subsections 5.11.23.3 and 5.11.27.2 which provide that the number of days of short absence a member is eligible for, for the purpose of travel or pre-deployment, is reduced by 1 for each day the short absence falls on a Saturday, Sunday or public holiday. This is no longer required as a consequence of the changes made by item 1 of this Schedule.

Schedule 4—Puckapunyal housing trial amendments

Item 1 amends section 1.3.10 of the Principal Determination which provides the definition of housing benefit location. Paragraph 1.3.10.e has been repealed and substituted to remove reference to the Puckapunyal housing trial as members who were approved to participate in the trial before 22 October 2022 are considered to be participating in the flexible housing trial as a consequence of the changes made by this Schedule.

Item 2 amends section 6.5.5 of the Principal Determination which provides when a member is not eligible for a removal. The section has been amended to remove paragraph 6.5.5.g as it applied to members participating the Puckapunyal housing trial. As a consequence of the changes made by this Determination. these members are considered to be participating in the flexible housing trial and are therefore captured under paragraph 6.5.5.f.

Item 3 repeals the simple definition of Puckapunyal housing trial member from section 7.1.14 which provides definitions which apply to Chapter 7 of the Principal Determination.

Item 4 repeals section 7.1.17 of the Principal Determination which provides the complex definition of Puckapunyal housing trial member. The definition is no longer required as members who were approved to participate in the Puckapunyal housing trial before 22 October 2022 are considered to be participating in the flexible housing trial.

Item 5 repeals and substitutes paragraph 7.3.34.2.f of the Principal Determination which provides that if a member rejects a reasonable offer of a Service residence because they are participating in the Puckapunyal housing trial, the member remains eligible for a Service residence. The paragraph has been amended to remove reference to the Puckapunyal housing trial as members who were approved to participate in the trial before 22 October 2022 are considered to be participating in the flexible housing trial.

Item 6 amends section 7.8.9 of the Principal Determination which provides the rent ceiling that applies to a member when they wish to rent a suitable home. Paragraph 7.8.9.3A.d which provides the rent ceiling for a member participating in the Puckapunyal housing trial has been repealed as a consequence of the changes made by this Schedule. This provision has been saved under Schedule 12 of this Determination and will continue to apply to members who were approved to participate in the Puckapunyal housing trial before 22 October 2022 until which time that they cease to meet the criteria on which they were approved, or their housing benefit location changes.

Schedule 5—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 $112 to $118. 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 2022 rounding the underlying figure 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 2022 rounding the underlying figure to the nearest dollar. The rate changes are as follows.

Items 3 to 6 amend section 8.4.14 of the Principal Determination which sets the maximum education assistance available to members who have children with special needs. The following amendments have been made to the section.

Item 7 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.

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

Item 8 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 $440 to $467 a fortnight for accommodation costs. The rate is based on the Youth Allowance payable under the Social Security Act 1991 to an independent full-time student living away from home.

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 2022 rounding the underlying figure to the nearest dollar.

Item 10 to 12 amend 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.

Items 13 to 17 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.

Schedule 6—Travel and meal allowance amendments

Item 1 repeals and substitutes the table in section 4.5.9 of the Principal Determination which sets out the rates of meal allowance payable in circumstances where Service-provided meals are unavailable. The rates have increased on average by 7.27%.

Items 2 and 3 amend section 7.5.24 of the Principal Determination which provides meal allowance rates for a member and each of their resident family and other recognised persons when they stay in temporary accommodation.

• Item 2 repeals and substitutes the table in subsection 7.5.24.2 which provides meal allowance rates for a member and each their resident family and other recognised persons aged 10 years or older. The rates have increased on average by 7.29%.
• Item 3 repeals and substitutes the table in subsection 7.5.24.3 which provides meal allowance rates for a member's resident family and other recognised persons that is aged less than 10 years. The rates have increased on average by 7.27%.

Item 4 amends subsection 9.5.10.2 of the Principal Determination which provides the rate for part-day travelling allowance. The rate has increased by 7.55%.

Item 5 amends subparagraph 9.5.20.2.d.ii of the Principal Determination which provides the maximum amounts which a member may use their Defence Travel Card to pay for accommodation, meals and incidentals when living-in during a travel period. The rate has increased by 11.65%.

Item 6 amends paragraph 9.5.22.2.c of the Principal Determination which provides the maximum amounts which a member may use their Defence Travel Card to pay for accommodation, meals and incidentals when on a travel period longer than 21 days. The rate has increased by 7.98%.

Item 7 amends table item 5 in subsection 9.5.39.2 of the Principal Determination which provides for the maximum amount of travelling allowance a member is eligible for when on a travel period up to or longer than 21 days. The rate has increased by 7.98%.

Item 8 repeals and substitutes section 9.5.40 of the Principal Determination which provides that a member who is: in receipt of travelling allowance, has no resident family, and is on temporary duty at a location that is not their housing benefit location, is eligible to be reimbursed costs associated with keeping their accommodation at their housing benefit location for the period beyond 21 days. The item removes paragraphs 2.a and 2.b and accordingly amends subsection 2 to ensure that the benefits provided under the section are consistent with those provided to a member travelling on temporary duty when they have a travel card. The item also makes other minor amendments that are technical in nature and do not alter the underlying policies, or the benefits which are currently provided.

Item 9 amends table item 3 in subsection 9.5.41.2 of the Principal Determination which provides a maximum amount of travelling allowance that a member is eligible for when living in or out on a journey longer than 21 days. The incidentals rate has increased by 7.98%.

Item 10 repeals and substitutes the table in Part 1 of Annex 9.5.A of the Principal Determination which provides the accommodation, meals and incidental rates for a member at the rank of Brigadier or higher, and for the rank of Colonel or lower. Specifically:

• Capital city accommodation rates for Brigadier or higher increased on average by 22.86%, and for Colonel or lower increased on average by 21.79%.
• The medium‑cost country centre accommodation rates for Brigadier or higher increased on average by 29.38%, and for Colonel or lower increased on average by 20.16%.
• The accommodation rate for country-centres for Brigadier or higher increased on average by 29.66%, and for Colonel or lower increased on average by 19.49%.

Item 11 repeals and substitutes the table in Part 2 of Annex 9.5.A of the Principal Determination which provides the accommodation, meals and incidental rates for high-cost country centres. Seven locations are added and two locations are removed to reflect the changing cost of living and accommodation in these areas.

Item 12 repeals and substitutes the table in Part 3 of Annex 9.5.A of the Principal Determination which lists the medium-cost country centres for accommodation, meals and incidental rates. Four locations are added and eight locations are removed to reflect the changing cost of living and accommodation in these areas.

Item 13 repeals and substitutes the table in Part 4 of Annex 9.5.A of the Principal Determination which provides the meals and incidentals rates payable. The meal rate for capital cities and high-cost centres has increased by 7.32%, and medium-cost centres and other‑country centres has increased by 7.26%.  The incidentals rate has increased by 7.98%.

Item 14 repeals and substitutes the table in Part 2 of Annex 9.5.B to the Principal Determination which provides the maximum meal rates for a member living out on a journey longer than 21 days. The weekly rate for a boarding house or hotel that does not provide cooking facilities increased by 7.32%. The weekly rate for a boarding house or hotel that provides cooking facilities, or rental accommodation, increased by 7.31%.

Item 15 amends the formula in subsection 15.2A.27.3 of the Principal Determination which provides the meal allowance that a member is eligible for if they perform additional duty while living at a posting location overseas. The rate has increased by 7.22%.

Schedule 7—Deployment allowance and additional risk insurance amendments

Item 1 amends section 4.10.4 of the Principal Determination which provides the amount of reimbursement a member can get for the additional risk premium of a life insurance policy. The amendment to subsection 4.10.4.1A increases the maximum amount reimbursable from $2,715 to $2,758, a 1.61% increase in line with a general increase to ADF salaries.

Item 2 amends section 17.7.6 of the Principal Determination which provides deployment allowance that 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 amendment to the table in subsection 17.7.6.1 increases the daily rate of allowance in Column C by 1.61% following the annual rate of salaries increase decided by the Defence Force Remuneration Tribunal in May of 2023. The items in the table have been renumbered for drafting purposes.

Schedule 8—Miscellaneous amendments

Items 1 to 4, 6 to 15, 17, 20, 21, 25 and 28 amend various provisions within the Principal Determination to promote the use of contemporary drafting styles by correcting grammatical errors and minor typographical errors including punctuation, numbering and formatting.

Item 5 amends subsection 3.3.15.1 of the Principal Determination which provides when a member is eligible for a category B bonus. Subparagraph 3.3.15.1.a.i has been repealed and substituted to replace the term “employment category” with “workgroup” to better reflect what the CDF must be satisfied of before a member is eligible for a category B bonus.

Items 16 and 27 respectively make amendments to section 5.9.12 and section 9.4.30 of the Principal Determination. Item 15 repeals the note in paragraph 5.9.12.3.a and item 26 repeals the exception in paragraph 9.4.30.5.a as a consequence of the introduction of the categorisation framework on 1 July 2023.

Section 18 and 19 amend section 6.5.33 of the Principal Determination which provides what removal benefits a member is eligible for when their posting is changed or cancelled for Service reasons after a removal has taken place. As a consequence of the introduction of the location framework on 1 July 2023 the section has been amended to replace the term posting with primary service location.

Item 22 repeals and substitutes section 7.5.3 of the Principal Determination which provides the definitions that apply to Part 5 of Chapter 7. The section has been amended to re-insert a definition of the SAFE scheme, which was removed in error.

Item 23 amends the decision‑maker provided in subsection 7.5.11.2 from “Defence Housing Australia Regional Operations Manager” to “Toll Transitions Case Manager”. The decision maker has been amended to correct who must be notified when the number of resident family and recognised other persons living in the temporary accommodation changes.

Item 24 amends the formula in subsection 7.8.19.2 of the Principal Determination which provides how to calculate the rent allowance a member is eligible for. The formula has been amended to provide clarity to the reader and does not change the underlying policy.

Item 26 repeals and substitutes paragraph 9.2.21.1.b of the Principal Determination which provides that travel assistance is limited when a member travels on removal to a personal location for which removal benefits were provided. The paragraph has been amended to substitute the term “personal location” with “family benefit location” as a consequence of the introduction of the location framework on 1 July 2023.

Item 29 repeals and substitutes section 15.2A.11 of the Principal Determination which provides a member cost of living adjustments during the period of their overseas posting. The section is amended to include a provision that clarifies that a member whose post index is 100 or less is not eligible for the benefit.

Item 30 amends section 15.2A.12 of the Principal Determination which provides the method for calculating a member’s cost of living adjustment that is paid fortnightly. The item repeals the exception in subsection 1 as a consequence of the amendment made by item 1, which is to incorporate the exception as subsection 15.2A.11.2.

Item 31 repeals and substitutes section 15.3.4 of the Principal Determination which provides a brief context of Division 1 of Part 3 of Chapter 15. The item restructures the section into three separate sections to incorporate the exception and simplify compound or multiple sentences. The amendment is only technical and semantic in nature and is made to improve clarity and promote the use of contemporary drafting styles, which does not change the underlying policies.

Item 32 repeals and substitutes section 15.4.8 of the Principal Determination which provides that a member is eligible for the payment of lease‑related costs they incur in paying the required property taxes or council rates and fees. The item restructures the subsections in the section into a single concise rule to improve readability and promote the use of contemporary drafting styles, which is only technical and semantic in nature and does not affect the benefits provided.

Item 33 amends section 15.5.20 of the Principal Determination which sets out the accommodation and meals benefits according to a member’s living arrangement for a member who is authorised to travel under Division 3 of Part 5 of Chapter 15. The item repeals and substitutes subsection 15.5.20.1 to incorporate the exception into the main provision to improve fluidity and promote contemporary drafting styles.

Item 34 amends section 17.7.7 of the Principal Determination which provides when deployment allowance is payable to a member who is deployed in a specified area. The item redrafts the exception in paragraph 17.7.7.b to a note to imply its relevance to the main provision, and is aligned with contemporary drafting styles. The amendment does not affect any benefits provided.

Schedule 9—Transitional Provisions

Clause 1 provides a definition of Defence Determination for the purpose of the Schedule.

Clause 2 provides a transitional provision for a member who would have been eligible for district allowance during a period of temporary duty had the changes in item 1 of Schedule 2 applied between 1 July 2023 and the commencement of this Determination. The member is eligible for district allowance during a period of temporary duty under section 4.4.11 of the Defence Determination as if the change in item 1 of Schedule 2 were in force at the time.

Clause 3 provides that members who met the criteria set out in subsection 4.8.29.1 of the Defence Determination are eligible for the benefits provided by the Army dental officer professional development scheme between 1 July 2023 and the commencement item 4 of Schedule 2.

Clause 4 provides that a member who was a Puckapunyal housing trial member before the commencement of this Determination is considered to be a flexible housing trial member. The section further provides that Paragraph 7.8.9.3A.d of the Defence Determination which provided the recent ceiling for a member participating in the Puckapunyal housing trial continues to apply as though it had not been repealed by item 4 of Schedule 4. Clause 2 also provides the day on which the clause ceases to apply to a member.

Clause 5 provides a transitional provision for a member who was eligible for reimbursement of their additional risk life insurance premium under section 4.10.4 of the Defence Determination between 25 May 2023 and the commencement of Schedule 7. The member is eligible for the reimbursement of the insurance inserted by item 1 of Schedule 7 of this Determination had the change been in effect from 25 May 2023. The rate payable to the member is reduced by any amount that the member has already been reimbursed during the period.

Clause 6 provides a transitional provision for a member who was eligible for the deployment allowance under section 17.7.6 of the Defence Determination between 25 May 2023 and the commencement of Schedule 7. The member is eligible for the rate as set out in item 2 of Schedule 7 of this Determination had the change been in effect from 25 May 2023. The rate payable to the member is reduced by any amount that the member has already received during the period.

Annex B

Defence Determination, Conditions of service Amendment Determination 2023 (No. 8)

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 provisions relating to the higher duties allowance paid to a member, including a member in the Reserves, directed to perform duties attributed to a higher rank or higher position. The amendments provide the rate of higher duties allowance that applies to specific members.
• Amend the eligibility for a member receiving district allowance for a remote location when they are absent for temporary duty.
• Update the eligibility criteria for the trainee’s dependant allowance to increase the expected income limit to the current minimum wage.
• Extend the Army dental officer professional development scheme to 30 June 2026.
• Amend short absence provisions to clarify that short absence – not required for duty only applies to a member when they are not on another kind of short absence provided by Part 11 of Chapter 5. The Determination also clarifies that a member may take a short absence to attend an exam in connection with a course of study they are undertaking on the same day they take a half day of recreation leave.
• Remove provisions relating to the Puckapunyal housing trial and clarify that any members who were approved to participate in the trial are now considered to be participating in the flexible housing trial.
• Update the rates of education assistance available to members domestically and while posted overseas.
• Amend the rates of allowances and related benefits that may be paid to a member in connection with travel undertaken for duty purposes. The rates are adjusted annually to ensure they remain contemporary based on annual advice from a contracted service provider. The rate changes this Determination introduces are based on the Subscription Notice No. 5 of 6 2022‑2023 Allowance Subscription Service Travel Related Allowances – May 2023.
• Amend the provisions which provide a member with the reimbursement of the cost for keeping their accommodation in their housing benefit location when they are on temporary duty for more than 21 days and in receipt of travelling allowance. The amendments are made to ensure consistency with the benefits provided to members in the same circumstance who have a Defence travel card.
• 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 military factor adjustment.
• Make miscellaneous amendments to the Principal Determination which do not alter any 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.
• Make technical amendments to remove ambiguity and improve conciseness by redrafting “exception” provisions in Chapters 15 and 17 of the Principal Determination. The changes aim to align the relevant provisions with contemporary drafting standards to improve readability. This includes the removal of information that is non-legislative in nature and does not need to be determined. The redrafted provisions are policy neutral and do alter any underlying policies or the benefits which are currently provided.

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

This Determination is compatible with human rights as it provides members and their resident family updates to rates of allowances to ensure that they remain contemporary, including increases to the rates for education assistance, travelling allowance and deployment allowance. The Determination also provides bespoke rates of higher duties allowance that are appropriate for the member’s service. These benefits are provided as a part of the member’s conditions of service.

This Determination also makes amendments to the Principal Determination which do not change the underlying policies or benefits. As such, they do not engage with 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.