Defence Determination, Conditions of Service Amendment (Disturbance allowance) Determination 2019 (No. 7)

Administered by Department of Defence

Legislation au F2019L00136 Not in force Legislative Instrument

Legislation content

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

 

 

 

 

Overview

The Defence Determination, Conditions of Service Amendment (Disturbance Allowance) Determination 2019 (No. 7) was enacted to address the need for periodic adjustments to the disturbance allowance rates for members of the Australian Defence Force (ADF). This Determination amends Defence Determination 2016/19, Conditions of Service, under section 58B of the Defence Act 1903, with the aim of updating the allowance rates to reflect changes in the Consumer Price Index. The enactment of this Determination by the relevant authority ensures that the compensation provided to ADF members for relocation expenses remains current and equitable, thereby avoiding economic hardship that may arise from posting to new locations. The policy objective is to maintain just and favourable conditions of work for Defence personnel by providing them with adequate compensation for incidental relocation costs and school change expenses.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Disturbance Allowance) Determination 2019 (No. 7) applies to Australian Defence Force (ADF) members who are relocated due to postings within Australia. This legislation amends Defence Determination 2016/19, Conditions of Service, under section 58B of the Defence Act 1903. The primary objective of this amendment is to adjust disturbance allowance rates to reflect changes in the All Groups component of the Consumer Price Index for the period September 2017 to September 2018, thereby ensuring that ADF members receive fair and updated compensation for relocation costs. The adjustment aims to maintain just and favourable conditions of work for Defence members, ensuring they are not economically disadvantaged due to relocation expenses. This Determination is compatible with human rights, as it provides a reasonable and proportionate measure to safeguard the rights of ADF members under Article 7 of the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The Defence Determination, Conditions of Service Amendment (Disturbance Allowance) Determination 2019 (No. 7) amends Defence Determination 2016/19, Conditions of Service, which was made under section 58B of the Defence Act 1903. This amendment primarily affects Chapter 6 of the Principal Determination, which deals with relocations on postings within Australia for members of the Australian Defence Force (ADF). The key changes include adjustments to the rates of disturbance allowance to compensate members for incidental relocation costs and payments for members whose children have to change schools due to an ADF removal (section 4, Schedule 1). These adjustments are based on a 1.9% movement in the All Groups component of the Consumer Price Index for the period September 2017 to September 2018. The obligations imposed by this Determination on the parties it governs are primarily related to the accurate application and administration of the updated disturbance allowance rates. For instance, the ADF must ensure that members who are relocated within Australia receive the correct compensation for their incidental relocation costs and any associated school change payments for their children. The updated rates in the Principal Determination must be adhered to in all relevant circumstances (subsection 6.1.6.2 and subsection 6.1.12.1, Schedule 1). The ADF must also ensure that the changes are communicated effectively to all relevant personnel and stakeholders. In terms of potential consequences for non-compliance, while the Determination itself does not explicitly outline specific offences or penalties, the Defence Act 1903 and related legislation provide a framework for addressing breaches. Any failure to comply with the updated conditions of service could potentially lead to disciplinary action under the Defence Act, which may include fines or other administrative penalties. Furthermore, any member who feels aggrieved by the application of these provisions might seek redress through the administrative appeals process or other legal avenues available under the Acts Interpretation Act 1901. The importance of adhering to these updated conditions cannot be understated, as they are designed to ensure that ADF members receive fair and just compensation for the economic hardships associated with relocations.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Adjustments Based on CPI
Catchwords
Adjustment to disturbance allowance rates

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.