EXPLANATORY STATEMENT
Defence Determination, Conditions of Service Amendment (Disturbance allowance) Determination 2019 (No. 7)
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA 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 AIA Act.
This Determination amends Chapter 6 of the Principal Determination which sets out provisions dealing with relocations on postings within Australia for ADF members.
The purpose of this Determination is to make an adjustment to disturbance allowance rates.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 2 May 2019.
Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 – Disturbance allowance - Amendment to Defence Determination 2016/19, Conditions of Service
Section 1 omits and substitutes subsection 6.1.6.2 of the Principal Determination. The subsection provides rates for disturbance allowance to compensate members for incidental relocation costs. The rates have been adjusted to reflect a 1.9% movement in the All Groups component of the Consumer Price Index for the period September 2017 to September 2018.
Section 2 amends subsection 6.1.12.1 of the Principal Determination. The subsection provides a payment for a member whose child has to change schools due to an ADF removal. This rate has been increased to reflect a 1.9% movement in the All Groups component of the Consumer Price Index for the period September 2017 to September 2018.
Consultation
Consultation is not considered necessary in the allowance adjustment process as this falls within the bounds of routine, housekeeping of an established benefit. The adjustments are either aligned with the Consumer Price Index or from data from a recognised data provider. They are made according to established policy. The rule-maker was satisfied that further external consultation was not required.
Authority: Section 58B of the
Defence Act 1903
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Defence Determination, Conditions of Service Amendment (Disturbance allowance) Determination 2019 (No. 7)
This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
The purpose of this Determination is to make an adjustment to disturbance allowance rates.
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.
Legitimate objective: Some Defence members are regularly posted to perform duty in different locations. This could cause the member and their family economic hardship during the move to the posting location.
Reasonable, necessary and proportionate: This Determination adjusts disturbance allowance to ensure that an affected person continues to receive just and favourable compensation. Further, members and their family should not suffer a disadvantage resulting from the expenses incurred when they are required to live and work in a new posting location.
Conclusion
This Determination is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.
Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions