Defence Determination, Conditions of service Amendment Determination 2024 (No. 12)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination 2024 (No. 12)

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AI Act).

Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AI Act.

The Principal Determination is exempt from sunsetting under item 21A of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. The exemption was granted as the instrument is a large and complex document that is subject to regular review and amendment. The exemption also provides certainty for members, stakeholders and administrators.

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:

• Provide a salary non-reduction period for designated Royal Australian Artillery members for five years or until they meet the requirements for salary progression. These amendments are consequential to the restructure of Royal Australian Artillery employment categories by DFRT Determination 10 of 2024.
• Establish Early Eligibility for Rent Allowance Trial which enables members posted to specific establishments to access rent allowance without the requirement for them to look for a Service residence first. The trial is created in response to the high demand for housing in the Townsville, Sydney and Canberra areas.
• Provide a reunion travel benefit to members who are on a long-term posting overseas when they do not have any recognised dependants.
• Amend the daily rate of deployment allowance, the maximum rate of reimbursement for additional risk life insurance policy premiums and daily rate of special location allowances by 3.8% in line with the ADF’s Workplace Remuneration Arrangement.  
• Make technical amendments to contemporise the tables in Chapters 13 to 16 of the Principal Determination to improve readability.

Operational details

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

Retrospective application

The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

Human rights compatibility

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

Review options

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

Consultation

Before this Determination was made, the consultation on the changes made by Schedules 1 to 3 was undertaken with Navy, Army, Air Force, Australian Signals Directorate, Australian Submarine Agency Overseas Placements, Overseas Administration Team, Defence Attaché and Overseas Management, Defence Print and Travel Services, Directorate of Relocations and Housing and People Systems and Payroll Services.

The rule maker was satisfied that the changes made by this Schedule 4 and 5 are routine rate changes or technical in nature and consultation was not required.

Annex A

Defence Determination, Conditions of service Amendment Determination 2024 (No. 12)

Operational details

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

Section 2 provides the Determination commences on 7 November 2024.

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—Royal Australian Artillery non-reduction of salary amendments

Items 1 and 2 amend Annex 3.2.B Part 1 of the Principal Determination, which provides the salary non‑reduction for members with the rank of Warrant Class Officer Class 1. The items insert new employment categories of Artillery Light Gunner and Air and Missile Defence Systems to provide a salary non-reduction period of 5 December 2024 to 4 December 2029.

Items 3 to 11 amend Annex 3.2.B Part 2 of the Principal Determination, which provides the salary non‑reduction for members with the rank of Warrant Class Officer Class 2 or lower. The items insert new employment categories of Artillery Light Gunner and Air and Missile Defence Systems to provide a salary non-reduction period of 5 December 2024 to 4 December 2029.

Schedule 2—Early Eligibility for Rent Allowance Trial amendments

Items 1 to 4 amend section 7.8.5 of the Principal Determination which provides rules for eligibility for rent allowance and the period during which rent allowance is payable. The items amend specific table cells to modify the meaning of ‘suitable accommodation’. The modification ensures access to rental allowance. These are technical amendments that do not alter the underlying policies, or the benefits which are currently provided.

Item 5 establishes the ‘Early Eligibility for Rent Allowance Trial’. The trial enables a member to access rent allowance without having to consider occupying a Service residence first. The trial is established for the 2024-25 posting cycle, which started on 1 July 2024 and ends on 30 June 2025.  Access to the trial is limited to members who are posted to trail locations, which includes establishments in the Townsville, Sydney and Canberra regions and if they consequently require a removal. If a member is able to access the trial, they are eligible for rent allowance for the same period they would have been eligible under section 7.8.5 of the Principal Determination.

Item 6 amends section 7.8.6 of the Principal Determination which specifies when a member is not eligible to receive rent allowance. Subsection 7.8.6.2 is amended as a consequence of item 5 of this Schedule to ensure that members participating in the trial are not inadvertently excluded from receiving rent allowance.

Schedule 3—Reunion travel amendments

Item 1 inserts a new subdivision heading into Division 3 of Part 3 of Chapter 15 of the Principal Determination which provides reunion travel benefits for members on a long-term posting overseas who have recognised dependants in Australia.

Items 2 to 4 amend a number of sections in Division 3 of Part 3 of Chapter 15 of the Principal Determination. The amendments substitute “Division” with “Subdivision” to reflect the new subdivision inserted by item 1 of this Schedule.

Item 5 inserts a new subdivision into in Division 3 of Part 3 of Chapter 15 of the Principal Determination. The new subdivision provides a reunion travel benefit for a member who is on a long-term posting overseas when they have no recognised dependants. The benefits provided by the new subdivision enable members to maintain relationships with their family, friends and support networks within Australia. The new subdivision provides the following.

• Section 15.3.17B provides the purpose of the subdivision.
• Section 15.3.17C provides that the subdivision applies to a member on a long-term posting overseas who has no recognised dependants.
• Section 15.3.17D provides that a member is eligible for one reunion travel benefit to Australia during their posting period overseas.
• Section 15.3.17E provides the rules that apply to a member when they take a reunion travel benefit. Specifically, that the member must apply using the approved form, they must be on a type of leave or absence from when they leave the posting location until they return, and they cannot take a reunion travel benefit within 3 months of the start or end of their posting period. Types of leave and absences are provided in Chapter 5 of the Principal Determination.
• Section 15.3.17F provides the reunion travel benefit that a member is eligible for. This benefit includes economy class air travel, rail or coach travel and public transport costs from the member’s posting location to a location in Australia, and return. It also provides that if a member arranges their own travel they are eligible for the reimbursement of costs up to the lesser of the value the member paid or the amount that would have been incurred had the travel been arranged by Defence. The member can only be reimbursed for travel benefits that the member would have received under subsection 1.
• Section 15.3.17G provides that if there is an unavoidable overnight stopover during the reunion travel benefit, the member is eligible for 1 nights’ accommodation, meal and incidental costs.

Schedule 4—Increase to Deployment Allowance, Additional Risk Insurance and Special Location Allowance amendments

Item 1 amends section 4.10.4 of the Principal Determination which provides the amount of reimbursement a member can receive for the additional risk premium portion of a life insurance policy. Subsection 4.10.4.1A has been amended to increase the maximum annual amount reimbursable from $2,868 to $2,977.

Item 2 amends subsection 16.8.3.2 of the Principal Determination which provides a special location allowance for a member who is posted as the Defence Attaché in Baghdad. The subsection has been amended to increase the daily rates of the allowance from AUD 282.73 to AUD 293.47.

Item 3 amends section 17.7.6 of the Principal Determination which provides deployment allowance that a member is paid to compensate members for the hazard, stress and environmental factors they are likely to experience when force assigned on a warlike or non‑warlike deployment. The table in subsection 17.7.6.1 has been amended to increase the daily rates of the allowance by 3.8% in line with the ADF’s Workplace Remuneration Arrangement.

Schedule 5—Miscellaneous amendments

The following items make amendments which contemporise the headings to the tables contained within the respective provisions.

• Items 1 and 2 amend section 13.3.9 of the Principal Determination which provides the rate for meals a member on short‑term duty overseas or on a peacetime deployment is eligible for a meals allowance. The section also provides when the rate is reduced depending on their time of arrival or departure on a day.
• Item 3 amends section 13.3.16 of the Principal Determination which provides travelling allowance for a member occupying living‑in accommodation while on short‑term duty overseas or a peacetime deployment
• Item 11 amends section 16.3A.3 of the Principal Determination which provides the amount of additional recreation leave a member performing duty at a hardship location is eligible.

The following items make amendments to convert tables into text form to improve readability within the respective provisions.

• Item 4 amends section 14.6.5 of the Principal Determination which provides when a period of evacuation begins and ends for the purpose of benefits if a member or their dependants are required to evacuate from a location because of an emergency.
• Item 5 amends section 14.6.22 of the Principal Determination which provides a payment to a member on a long-term overseas posting if their vehicle is lost or damaged as a direct result of a specified event as described under subsection 14.6.21.1.
• Item 6 amends section 15.2A.12 of the Principal Determination which sets out the steps in determining the cost of living adjustment a member on overseas posting is eligible for. The steps are replaced by a formula.
• Item 7 amends section 15.3.15 of the Principal Determination which provides allowable travel costs for a person to travel with a child during a reunion visit to the member’s posting location if the member is posted to the USA or Canada.

• Item 8 amends section 15.4.6 of the Principal Determination which provides the cost of rent for accommodation at their posting location while they are on a long-term overseas posting if the accommodation is not otherwise provided.
• Item 9 amends section 15.5.12 of the Principal Determination which provides for the reimbursement of costs associated with their child’s dental treatment or procedure that exceeds the threshold under subsection 15.5.12.3 to a member on a long-term posting overseas if they have a child that has not yet started secondary education and is an eligible person under Part 5.
• Item 10 amends section 15.5.20 of the Principal Determination which sets out the rates payable to a member if they or another eligible person travel from the posting location to another location for health care and they are not an in‑patient at a hospital.

The amendments made by this Schedule are technical in nature and do not alter the underlying policies, or the benefits which are currently provided.

Annex B

Defence Determination, Conditions of service Amendment Determination 2024 (No. 12)

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:

• Provide a salary non-reduction period for designated Royal Australian Artillery members for five years or until they meet the requirements for salary progression. These amendments are consequential to the restructure of Royal Australian Artillery employment categories by DFRT Determination 10 of 2024.
• Establish Early Eligibility for Rent Allowance Trial which enables members posted to specific establishments to access rent allowance without the requirement for them to look for a Service residence first. The trial is created in response to the high demand for housing in the Townsville, Sydney and Canberra areas.
• Provide a reunion travel benefit to members who are on a long-term posting overseas when they do not have any recognised dependants.
• Amend the daily rate of deployment allowance, the maximum rate of reimbursement for additional risk life insurance policy premiums and daily rate of special location allowances by 3.8% in line with the ADF’s Workplace Remuneration Arrangement.  
• Make technical amendments to contemporise the tables in Chapters 13 to 16 of the Principal Determination to improve readability.

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 ensures just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

Assessment of compatibility

The changes made by Schedules 1 to 4 of this Determination are compatible with human rights as they:

• Provide members with salary protection giving them an opportunity to meet the requirements of the newly introduced employment categories, preventing salary reductions as a result of workforce employment category changes.
• Improve flexibility in housing options for members participating in the Early Eligibility for Rent Allowance Trial as a part of their conditions of service.
• Promote a member’s ability to maintain relationships with family and friends while they are on a long-term posting overseas by providing a reunion travel benefit to a member who has no recognised dependants.
• Promote just and favourable conditions of work by increasing allowance rates, ensuring they remain contemporary.

The changes made by Schedule 5 of this Determination do not change the underlying policies or benefits, and therefore 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.