EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment (Travel and meals allowances) Determination 2021 (No. 18)
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 a 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 amend the rates of allowances and related benefits that may be paid to a member in connection with travel undertaken for duty purposes. The rates are adjusted annually to ensure they remain contemporary based on annual advice from a contracted service provider. The rate changes this determination introduces are based on the Subscription Notice No. 5 of 6 2020-2021 Allowance Subscription Service Travel Related Allowances – May 2021. This Notice suggests adjustments to travel and travel related allowances following the annual review of travel costs.
Operational details
Details of the operation of the Determination are provided at annex A.
Retrospectivity and incorporation by reference
There are no retrospective provisions or incorporations by reference.
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 with the Pay and Administration Branch, Defence Travel and Directorate of Relocations and Housing.
The rule maker was satisfied that further external 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 (Travel and meals allowances) Determination 2021 (No. 18)
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 11 November 2021:
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—Travel and meal allowances amendments
Section 1 omits and substitutes the table in section 4.5.9 of the Principal Determination, which sets out the rates of meal allowance payable in circumstances where Service-provided meals are unavailable. The rates have increased on average by 1.66%.
Sections 2, 3 and 4 amends section 7.5.24 of the Principal Determination which provides meal allowance rates for members and their dependants when they stay in temporary accommodation.
- Section 2 omits and substitutes the table in subsection 7.5.24.2 which provides meal allowance rates for the member and each dependent aged 10 years or older. The rates are increased on average by 1.69%.
- Section 3 amends subsection 7.5.24.3 to omit “that” and substitutes it with “other”.
- Section 4 omits and substitutes the table in 7.5.24.3 which provides meal allowance rates for a member's children aged less than 10 years. The rates are increased on average by 1.66%.
Section 5 amends subsection 9.5.10.2 of the Principal Determination which provides the rate for part-day travelling allowance. The rate is increased by 1.42%.
Section 6 amends table item 5 in subsection 9.5.20.2 of the Principal Determination which provides the maximum amounts which a member may use their Defence Travel Card to pay for accommodation, meals and incidentals when living-in during a travel period. The rate is increased by 0.98%.
Section 7 amends table item 3 in subsection 9.5.22.2 of the Principal Determination which provides the maximum amounts which a member may use their Defence Travel Card to pay for accommodation, meals and incidentals when on a travel period longer than 21 days. The rate is increased by 0.98%.
Section 8 amends table item 5 in subsection 9.5.39.2 of the Principal Determination which provides for the maximum amount of travelling allowance a member is eligible for when on a travel period up to or longer than 21 days. The rate is increased by 0.98%.
Section 9 amends table item 3 in subclause 9.5.41.2 of the Principal Determination, which provides a maximum amount of travelling allowance that a member is eligible for when living in or out on a journey longer than 21 days. The incidentals rate is increased by 0.98%.
Section 10 omits and substitutes the table in Part 1 of Annex 9.5.A of the Principal Determination, which provides the accommodation, meals and incidental rates for members at the rank of Brigadier or higher and for the ranks of Colonel or lower. Specifically:
- Capital City accommodation rates for Brigadier or higher increased on average by 3.41% with two Capital Cities (Hobart and Adelaide) accommodation rates decreasing by 3.53% and 0.56% respectively. Capital City accommodation rates for Colonel or lower increased on average by 3.39% with one Capital City (Hobart) accommodation rate decreasing by 3.14%.
- The medium cost centre accommodation rates for Brigadier or higher has increased on average by 4.76% and for Colonel or lower by 5.74%.
- The accommodation rate for country centres has decreased by 0.70% for Brigadier and higher and 1.24% for Colonels or lower.
Section 11 omits and substitutes the table in Part 2 of Annex 9.5.A of the Principal Determination, which provides the accommodation, meals and incidental rates for high-cost country centres. Three locations have been moved to a higher category and six locations have been removed to reflect the changing cost of living and accommodation in these areas.
Section 12 omits and substitutes the table in Part 3 of Annex 9.5.A of the Principal Determination, which lists the medium-cost country centres for accommodation, meals and incidental rates. Nine locations have been added and eight locations have been removed to reflect the changing cost of living and accommodation in these areas.
Section 13 omits and substitutes the table in Part 4 of Annex 9.5.A of the Principal Determination, which provides the meal and incidental rates payable. Meal rates for Capital cities and high-cost centres received an average rate increase of 1.72% and medium-cost centres and other country centres received a 1.65% increase. Incidental allowance received a 0.98% increase.
Section 14 substitutes the table in Part 2 of Annex 9.5.B to the Principal Determination, which provides the maximum meal rates for a member living out on a journey longer than 21 days. The weekly rate for a boarding house or hotel that does not provide cooking facilities is increased by 1.72% and, if cooking facilities are provided in a boarding house or hotel or if the member is renting, the rate increase is 1.73%.
Section 15 amends the formula in subsection 15.2A.27.3 of the Principal Determination which provides the meal allowance that a member is eligible for if they perform additional duty while living at a posting location overseas. The rate is increased by 6.2%.
Annex B
Defence Determination, Conditions of service Amendment (Travel and meals allowances) Determination 2021 (No. 18)
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 allowances and related benefits that may be paid to a member in connection with travel undertaken for duty purposes. The rates are adjusted annually to ensure they remain contemporary based on annual advice from a contracted service provider. The rate changes this determination introduces are based on the Subscription Notice No. 5 of 6 2020-2021 Allowance Subscription Service Travel Related Allowances – May 2021. This Notice suggests adjustments to travel and travel related allowances following the annual review of travel costs.
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.
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.
Conclusion
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.
Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions