EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment (Rent ceilings) Determination 2022 (No. 6)
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 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 obligation 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 implement an Australian Government decision to increase the rent ceilings for members who live in the Glenbrook, Liverpool and Richmond areas. Members posted to RAAF Base Glenbrook, Holsworthy Barracks and RAAF Base Richmond have raised concerns about the cost of rental accommodation in these areas. Accordingly it has been decided to increase the rent ceiling. The increase will provide members with the same rent ceiling as members posted to a Defence establishment in Sydney.
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 undertaken with Air Force and the Directorate of Relocations and Housing in the Department of Defence.
The rule maker was satisfied that the further consultation was not required.
Approved by: | Fiona Louise McSpeerin Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Conditions of service Amendment (Rent ceilings)
Determination 2022 (No. 6)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that the instrument commences on 14 April 2022.
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—Rent ceilings amendment
Items 1 to 3 amend the table in Part 1.1 of Annex 7.E, which sets the rent ceilings for members with dependants who occupy rental accommodation with 3 or more bedrooms. The items amend the table items dealing with the rent ceilings for Glenbrook, Liverpool and Richmond. In all cases, the rent ceilings are increased to the same rates that are set in the table item in dealing with Sydney. Rates are not provided for members holding the rank of Major General, as it is not expected that they will be posted to these locations.
Items 4 to 6 amend the table in Part 1.2 of Annex 7.E, which sets the rent ceilings for members with dependants who occupy rental accommodation with 2 bedrooms. The items amend the table items dealing with the rent ceilings for Glenbrook, Liverpool and Richmond. In all cases, the rent ceilings are increased to the same rates that are set in the table item in dealing with Sydney. Rates are not provided for members holding the rank of Major General, as it is not expected that they will be posted to these locations.
Items 7 to 9 amend the table in Part 2.1 of Annex 7.E, which sets the rent ceilings for members without dependants and members with dependants (unaccompanied) who occupy rental accommodation who live alone. The items amend the table items dealing with the rent ceilings for Glenbrook, Liverpool and Richmond. In all cases, the rent ceilings are increased to the same rates that are set in the table item in dealing with Sydney. Rates are not provided for members holding the rank of Major General, as it is not expected that they will be posted to these locations.
Items 10 to 12 amend the table in Part 2.2 of Annex 7.E, which sets the rent ceilings for members without dependants and members with dependants (unaccompanied) who occupy rental accommodation who shares with one other person. The items amend the table items dealing with the rent ceilings for Glenbrook, Liverpool and Richmond. In all cases, the rent ceilings are increased to the same rates that are set in the table item in dealing with Sydney. Rates are not provided for members holding the rank of Major General, as it is not expected that they will be posted to these locations.
Items 13 to 15 amend the table in Part 2.3 of Annex 7.E, which sets the rent ceilings for members without dependants and members with dependants (unaccompanied) who occupy rental accommodation who shares with two other people. The items amend the table items dealing with the rent ceilings for Glenbrook, Liverpool and Richmond. In all cases, the rent ceilings are increased to the same rates that are set in the table item in dealing with Sydney. Rates are not provided for members holding the rank of Major General, as it is not expected that they will be posted to these locations.
Items 16 to18 amend the table in Part 2.4 of Annex 7.E, which sets the rent ceilings for members without dependants and members with dependants (unaccompanied) who occupy rental accommodation who shares with three other people. The items amend the table items dealing with the rent ceilings for Glenbrook, Liverpool and Richmond. In all cases, the rent ceilings are increased to the same rates that are set in the table item in dealing with Sydney. Rates are not provided for members holding the rank of Major General, as it is not expected that they will be posted to these locations.
Annex B
Defence Determination, Conditions of service Amendment (Rent ceilings)
Determination 2022 (No. 6)
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 implement a Government decision to increase the rent ceilings for members who live in the Glenbrook, Liverpool and Richmond areas. The increase will provide members with the same rent ceiling as members posted to a Defence establishment in Sydney.
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.
Assessment of compatibility
Schedule 1 is compatible with human rights as it provides members who are living in rental accommodation and posted to RAAF Base Glenbrook, Holsworthy Barracks and RAAF Base Richmond with an increase in the rent ceiling as a part of their conditions of service. The rent ceiling is used in the calculation of rent assistance payable to the member and will result in an increase in rent assistance from members whose rent is above the former rent ceiling.
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.