Defence Determination, Conditions of service Amendment (Education assistance – rates) Determination 2019 (No. 22)
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, as modified by section 58B of the Defence Act.
This Determination amends the following Chapters of the Principal Determination for members of the Australian Defence Force (ADF).
- Chapter 8 sets out provisions dealing with members of the ADF and their dependants.
- Chapter 15 sets out provisions dealing with living and working on long-term posting overseas for members of the ADF.
The purpose of this Determination is to make routine adjustments to the rates of education assistance. The adjustments are based on changes in the Consumer Price Index, obtained from the Australian Bureau of Statistics, or on advice from an independent data provider. The Determination also makes minor technical adjustments and formatting changes.
The advice and methodology of the independent data provider's methodology cannot be disclosed publicly as the intellectual property belongs to the provider. Disclosure of the advice would be a breach of terms and conditions under which the advice is obtained.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 5 September 2019.
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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Education assistance rate amendments
Section 1 amends subsection 8.4.10.3 of the Principal Determination, which provides for the costs of face-to-face tutoring to be reimbursed to the member. The amendment increases the maximum hourly rate of reimbursement from $103 to $106. This rate has increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2018 (2.7 per cent), rounded up to the nearest dollar.
Section 2 omits and substitutes the table in subsection 8.4.11.6 of the Principal Determination, which sets the maximum benefits provided for web-based tutoring. The rates have increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2018 (2.7 per cent), rounding the underlying figure to the nearest dollar.
Section 3 omits subsection 8.4.14.2, which specifies that to be eligible for a benefit under section 8.4.14 the member’s child must be a dependant with special needs. This rule has been incorporated into amendments made by section 4 of this Determination.
Section 4 omits and substitutes subsection 8.4.14.3 of the Principal Determination, which sets the maximum education assistance available to members who have children that are recognised as a dependant with special needs. The subsection has been redrafted to contemporise and to clarify the rules. The amendment increases the maximum hourly rate that a member may be reimbursed when their child with special needs requires additional tuition or therapy to assist in the transition to a new school. The rate is increased from $103 to $106. Also, section 4 increases the limit on assistance with the costs of private assessment to develop an educational program for a child with special needs. This amendment increases the benefit from $761 to $782. These changes have increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2018 (2.7 per cent), rounding the underlying figures to the nearest dollar.
Section 5 and 6 amends subsection 8.4.14.5 of the Principal Determination, which sets the maximum benefit and the contribution for a member who has a child who needs to access a special program at a private school. The benefit has been increased from $28,563 to $29,319 a year and increases the contribution rate from $361 to $382 per year. The new rate is based on advice received from the independent data provider.
Section 7 amends subsection 8.4.15.4 of the Principal Determination, which provides that the Chief of Defence Force may extend education assistance to a member for their child for an additional 14 weeks for each subject, capped at a maximum hourly rate. The amendment increases the maximum rate from $103 to $106. This change is in line with an increase in the Education component of the Consumer Price Index for the 12 month period ending December 2018 (2.7 per cent), rounding the underlying figure to the nearest dollar.
Section 8 omits and substitutes the title of section 8.4.21 of the Principal Determination. The amendment incorporates reference to the rates of contributions, which better reflects the content of the section.
Section 9 omits 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.
- Increase in the maximum annual compulsory tuition fee reimbursement from $28,563 to $29,319.
- Increase in the maximum reimbursement of board if accommodated in a boarding school or a commercial establishment from $25,669 to $29,989.
- Increase in the annual member contribution towards their child's boarding fees (if it is their first year) from $2,633 to $2,742.
- Increase in the annual member contribution towards their child's boarding fees (if not their first year) from $3,036 to $3,146.
These new rates are based on advice received from the independent data provider.
The amendment also contemporises the drafting style of the subsection.
Section 10 omits and substitutes section 15.6.10A of the Principal Determination, which lists the annual contribution that a member must pay towards compulsory tuition fees when their child attends school in their overseas posting location. The section has been redrafted to contemporise and to clarify the rules. The amendment also increases the rate of contribution payable by a member. The increase is in line with the Education component of the Consumer Price Index for the 12 month period ending December 2018 (2.7 per cent), rounding the underlying figure to the nearest dollar.
Section 11 amends subsection 15.6.22A.5 of the Principal Determination, which specifies the rate of contribution payable by a member posted to Cherbourg towards the towards to the cost of the child’s education. The contribution rates are increased from AUD 395 to AUD 405. The rates are increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2018 (2.7 per cent), rounding the underlying figure to the nearest dollar.
Section 12 omits and substitutes subsection 15.6.25.1 of the Principal Determination, which specifies the rate of education assistance 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 towards the cost of the education. The subsection has been redrafted to contemporise and to clarify the rules.
Section 12 updates the following two rates, which are in line with the Education component of the Consumer Price Index for the 12 month period ending December 2018 (2.7 per cent), rounding the underlying figure to the nearest dollar.
- Member contribution towards compulsory tuition fees for a primary student has increased from AUD 169 to AUD 174.
- Member contribution towards compulsory tuition fees for a secondary student has increased from AUD 395 to AUD 405.
The following four rate changes made by section 12 have been made based on advice received from the independent data provider.
- For a member whose child lives at a boarding school, the member's accommodation contribution for the first year is increased from AUD 2,633 to AUD 2,742.
- For a member whose child lives at a boarding school, the member's accommodation contribution for subsequent years is increased from AUD 3,036 to AUD 3,146.
- The maximum reimbursement for compulsory tuition fees is increased from AUD 28,563 to AUD 29,319 a year.
- The maximum reimbursement for accommodation where a child boards at boarding school or a commercial boarding establishment has increased from AUD 25,669 to AUD 29,989 a year.
Consultation
Consultation is not considered necessary for the purpose of this determination because it is a routine rate adjustment. Amendments to the Principal determination have been made without amending the underlying policy. Rate are based on changes in the Consumer Price Index, obtained from the Australian Bureau of Statistics or advice from the independent data provider and are made according to an established policy.
The rule maker was satisfied that further external consultation was not required.
Authority: Section 58B of the
Defence Act 1903
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 routine adjustments to education cost allowances. These are based on changes in the Consumer Price Index or advice from an independent data provider. The Determination also makes technical amendments to clarify and contemporise the rules,
Human rights implications
Right to the enjoyment of just and favourable conditions of work
The protection of a person's right to care for and provide education to dependants engages Articles 10 and 13 of the International Covenant on Economic, Social and Cultural Rights. Article 10 guarantees the widest possible protection and assistance to families, including their responsibility for the education and care of dependent children. Article 13 recognises the right of everyone to education.
Right to education
The protection of a child’s right to education is provided in Article 28 of the Covenant on the Rights of the Child. Article 28 requires States to provide access to different types of education.
Legitimate objective: Defence requires its members to relocate to postings within Australia and overseas. These include remote areas without nearby educational facilities and locations where education costs far exceed what members might otherwise pay for their children. Defence recognises that relocation can cause financial hardship to the member and disruptions to their dependant child's education.
Reasonable, necessary and proportionate: Defence assists members and their families by providing education assistance in order to minimise disruption to their children's education, and to promote access to education, so that children are not disadvantaged by member relocations. The Determination provides members with assistance to cover the majority of the costs of education expenses for which benefits are provided under the Principal Determination, members are required to pay a contribution towards the costs of their child’s education. The rate of contribution is set at similar levels to the cost of accessing public education in Australia. The contribution does not limit the child’s access to education.
Conclusion
This Determination is compatible with human rights because it advances the protection of human rights.
Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions