EXPLANATORY STATEMENT
Defence Determination, Conditions of Service Amendment (Member choice accommodation and reimbursement for utilities) Determination 2018 (No. 31)
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.
Chapter 7 of the Principal Determination sets out provisions dealing with housing and meals for members of the Australian Defence Force (ADF).
This Determination has the following purposes.
- To amend the title 'Member without dependants and member with dependants (unaccompanied) choice accommodation' to 'Member choice accommodation'.
- To omit tables containing references to the main features of housing assistance for members and place those into guidance on the Defence Pay and Conditions website.
- To provide the eligibility for assistance with the cost of utilities for a member who chooses to live in 'Member choice accommodation'.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on 12 July 2018.
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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 amends Defence Determination 2016/19, Conditions of service.
Section 1 amends the title under section 7.0.2 of the Principal Determination. The amendment removes reference to member without dependants and member with dependants (unaccompanied) choice accommodation and replaces it with the term member choice accommodation.
Section 2 omits section 7.1.11 from the Principal Determination. The section provided a table of references for housing conditions for members without dependants. It has no legal effect and there is no requirement for it to be determined. The table will be provided in the form of guidance on the 'Defence Pay and Conditions' website at http://www.defence.gov.au/PayAndConditions/.
Section 3 omits section 7.1.12 from the Principal Determination. The section provided a table of references for housing conditions for members with dependants. It has no legal effect and there is no requirement for it to be determined. The table will be provided in the form of guidance on the 'Defence Pay and Conditions' website at http://www.defence.gov.au/PayAndConditions/.
Section 4 omits section 7.1.13 from the Principal Determination. The section provided a table of references for housing conditions for members with dependants (unaccompanied). It has no legal effect and there is no requirement for it to be determined. The table will be provided in the form of guidance on the 'Defence Pay and Conditions' website at http://www.defence.gov.au/PayAndConditions/.
Section 5 amends the title of Part 7 of Chapter 7 of the Principal Determination. The title has been amended to remove the reference to member without dependants and member with dependants (unaccompanied) choice accommodation and replaced with the term member choice accommodation.
Section 6 amends the table in section 7.10.3. The table has been amended to provide the eligibility for assistance with the cost of utilities for a member who chooses to live in member choice accommodation at a posting location. Member choice accommodation is off-base rental properties for members without dependants, and members with dependants unaccompanied, which is offered to meet the housing needs of Defence members.
Consultation
Navy, Army, Airforce and the Directorate of Relocations and Housing were consulted in the development of this Determination. No external consultation was undertaken in accordance with section 17 of the Legislation Act 2003 as the amendments are of a minor or machinery nature and do not substantially alter existing arrangements.
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 (Member choice accommodation and reimbursement for utilities) Determination 2018 (No. 31)
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
This Determination has the following purposes.
- To amend the title 'Member without dependants and member with dependants (unaccompanied) choice accommodation' to 'Member choice accommodation'.
- To omit tables containing references to the main features of housing assistance for members and place those into guidance on the Defence Pay and Conditions website.
- To provide the eligibility for assistance with the cost of utilities for a member who chooses to live in 'Member choice accommodation'.
Human rights implications
Right to an adequate standard of living.
The person’s right to an adequate standard of living engages article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 ensures the realisation of this right, recognising the essential importance of an adequate standard of living. This includes housing.
Legitimate objective: ADF members are required to live in various posting locations throughout Australia which may require them to live in a variety of housing types, such as on a military base, in a Service Residence or member choice accommodation.
Reasonable, necessary and proportionate: Defence provides assistance with the cost of utilities for a member with dependants (unaccompanied) or a member without dependants who chooses to live in a Service residence, a home for which they get rent allowance, their own home if they would otherwise be eligible for rent allowance, or member choice accommodation.
The changes in this Determination assist members in maintaining their right to an adequate standard of living by providing assistance with the cost of utilities for members who live in member choice accommodation.
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