EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment (Remote location allowances) Determination 2023 (No. 10)
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (Defence Act) 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 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.
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 amend the rates of remote location allowances. Defence Determination, Conditions of service Amendment 2023 (No. 9) amends the rates of remote location allowance on 14 September 2023. These rate changes are not due to commence until 9 November 2023. To rectify this issue, this Determination does the following:
- Schedule 1 reverts the rates of the remote location allowances to what were in effect immediately before the commencement of Defence Determination, Conditions of service Amendment 2023 (No. 9).
- Schedule 2 amends the rates of the remote location allowances for a member whose housing benefit location is a remote location. The rates are adjusted annually based on the advice provided by the contracted service provider and the consumer price index.
Operational details
Details of the operation of the Determination are provided at annex A.
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 2016. Also, a person may make a complaint to the Defence Force Ombudsman.
Consultation
Before this Determination was made, the consultation was not considered necessary for the amendments in this Determination. The changes are technical in nature and do not amend the provision of benefits and the rule maker was satisfied that further consultation was not required.
Approved by: | Col Kirk Llyod A/Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Conditions of service Amendment (Remote location allowances) Determination 2023 (No. 10)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides the following commencement dates:
- Sections 1 to 4 of the Determination commences on the day the instrument is registered.
- Schedule 1 of the Determination commences immediately after the commencement of Defence Determination, Conditions of service Amendment Determination 2023 (No. 9).
- Schedule 2 of the Determination commences on 9 November 2023.
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—Remote locality allowances amendments
Items 1 to 5 amend remote location allowance provisions in the Principal Determination. The items amend rates that were amended by Defence Determination, Conditions of service Amendment Determination 2023 (No. 9) (the amending determination) to revert them back to what was in place immediately before the commencement of the amending determination. The rate changes are to commence on 9 November 2023, as provided under Schedule 2 of this Determination, not on 14 September 2023 as provided by the amending determination.
Schedule 2—Remote locality allowances post 9 November 2023 amendments
Item 1 amends subsection 4.4.9.1 of the Principal Determination which provides the rate of district allowance payable to members whose housing benefit location is a remote location. The table in the subsection has been amended to provide updated rates of the allowance. The allowance rates are increased in line with the ‘all groups’ component of the Consumer Price Index for the 12‑month period ending March 2023 and rounded to the nearest five dollars.
Item 2 amends subsection 4.4.19.2 of the Principal Determination which provides the rate of Port Wakefield allowance payable to members who live at the Proof and Experimental Establishment at Port Wakefield. The table in the subsection has been amended to provide updated rates of the allowance. The allowance rates are increased in line with the ‘all groups’ component of the Consumer Price Index for the 12‑month period ending March 2023 and rounded to the nearest five dollars.
Item 3 amends section 4.4.24 of the Principal Determination which provides the rate of Scherger allowance payable to members who live at RAAF Base Scherger. The section has been amended to provide the updated rate of allowance. The allowance rate has been increased in line with the transportation component of the Consumer Price Index for the 12‑month period ending March 2023 and rounded to the nearest five dollars.
Item 4 amends section 4.4.31 of the Principal Determination which provides the rates for Antarctic allowance payable to members posted to, or serving in, Antarctica. The table in the section has been amended to provide updated annual rates of the allowance. The allowance rates are increased based on advice from a contracted service provider.
Item 5 amends subsection 4.4.36.2 of the Principal Determination which provides the rates for Antarctic allowance payable to members who are eligible for common duties allowance and performing duties that are additional and unrelated to their ordinary duties for a period in Antarctica. The subsection has been amended to provide the updated annual rate of allowance. The allowance rate is increased based on advice from a contracted service provider.
Annex B
Defence Determination, Conditions of service Amendment (Remote location allowances) Determination 2023 (No. 10)
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 amend the rates of remote location allowances. Defence Determination, Conditions of service Amendment 2023 (No. 9) amends the rates of remote location allowance on 14 September 2023. These rate changes are not due to commence until 9 November 2023. To rectify this issue, this Determination does the following:
- Schedule 1 reverts the rates of the remote location allowances to what were in effect immediately before the commencement of Defence Determination, Conditions of service Amendment 2023 (No. 9).
- Schedule 2 amends the rates of the remote location allowances for a member whose housing benefit location is a remote location. The rates are adjusted annually based on the advice provided by the contracted service provider and the consumer price index.
Human rights implications
Right to an adequate standard of living
The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
Assessment of compatibility
This Determination is compatible with human rights by providing an adjustment to remote location allowances for members who are serving in remote locations. Periodic updates of the rates ensure that they remain contemporary and reflect the changes in the cost of living.
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.