EXPLANATORY STATEMENT
Defence Determination, Conditions of service (Living-in accommodation and housing contributions and allowances) Amendment Determination 2023 (No. 2)
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 do the following:
Amend the rates of contribution that members must make for their living-in accommodation. Living-in accommodation is a type of military accommodation that is provided for some single members, or members who do not have their families with them.
Implement an annual review of the Group Rent Scheme.
Implement the annual review of allowances that members may receive for, and the contributions they are required to make towards, the cost of their accommodation, meals and utilities.
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 consultation was undertaken with Defence Finance Group. Further consultation is not considered necessary in the annual housing rates adjustment. This is a routine change to housing contributions and allowances.
The rule maker was satisfied that further consultation was not required.
Approved by: | Michael Ian McCulloch Acting Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Conditions of service (Living–in accommodation and review of housing contributions and allowances) Amendment Determination 2023 (No. 2)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on 2 March 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—Living-in accommodation amendments
Item 1 repeals and substitutes the table under subsection 7.4.27.2 of the Principal Determination which provides the contribution a member on leave without pay must pay towards their living-in accommodation. The contribution rates have been increased by a capped rate of 3%.
Item 2 amends subsection 7.4.29.2 of the Principal Determination which provides the rental contribution a member must make towards single bedroom apartment accommodation in Homebush or North Strathfield. The fortnightly contribution is increased from $266.99 to $274.99, which is a rate of 2.8% increase in the rents sub-component of the Consumer Price Index over the 12 month period September 2021 to September 2022.
Items 3 and 4 amend subsection 7.4.48.2 of the Principal Determination which provides food allowance for seagoing members in temporary accommodation ashore. The daily food allowance rates reflect a 9% increase in the food and non-alcoholic beverages component of the Consumer Price Index over the 12 month period September 2021 to September 2022.
Item 5 repeals and substitutes Annex.7.4.B of the Principal Determination which sets out a schedule of living-in accommodation contribution rates for members. The contribution rates have increased by 2.8% following the increase in the rents sub-component of the Consumer Price Index over the 12 month period September 2021 to September 2022.
Item 6 repeals and substitutes table item 1 under subsection 7.9.5.3 of the Principal Determination which provides the amount a member who is not on leave without pay must contribute towards breakfast, lunch and dinner eaten in a mess on a casual basis (when they do not pay the fortnightly meal contribution). The rates have been increased by a capped rate of 3%.
Items 7 and 8 amend section 7.9.7 of the Principal Determination which provides the fortnightly meal charge rate when dining in a mess. The rates have increased by a capped rate of 3%.
Item 9 amends subsection 7.10.9.1 of the Principal Determination which provides the fortnightly contribution a member who lives in must pay towards the cost of utilities. The fortnightly contribution has increased from $46.27 to $47.65 which is a capped rate of 3%.
Schedule 2—Housing contributions and allowances amendments
Item 1 omits and substitutes section 7.5.29 of the Principal Determination which provides the fortnightly contribution for accommodation, meals and utilities made by a member occupying temporary accommodation. The contribution rate for utilities has increased from $107.76 to 110.99 which is a capped rate of 3%.
Item 2 amends subparagraph 7.10.4.1.b.i of the Principal Determination which provides the fortnightly amount an eligible member may be reimbursed for the cost of utilities. The rate has increased from $74.71 to $76.95 which is a capped rate of 3%.
Item 3 amends subsection 7.10.7.2 of the Principal Determination which provides the fortnightly contribution a member living in a Service residence makes towards the cost of water. The rate has increased from $18.80 to $19.36 which is a capped rate of 3%.
Item 4 amends subsection 7.10.8.2 of the Principal Determination which provides the fortnightly contribution a member must make toward energy costs while they are living in a specified tied (tied to an appointment) or Service residence at Royal Military College, Duntroon and Anglesea Barracks, Hobart. The rate has increased from $143.35 to $147.65
Item 5 repeals and substitutes Annex 7.A of the Principal Determination which provides the contribution a member must make towards the cost of occupying a Service residence or rent band choice accommodation. The contribution rates have been increased by a capped rate of 3%.
Part 1 of Annex 7.A sets out the contribution for members with dependants.
Part 2 of Annex 7.A sets out the contribution for members with dependants who choose a property above the standard eligibility provided for members in their rank group.
Part 3 of Annex 7.A sets out the contribution for a member without dependants who lives alone.
Part 4 of Annex 7.A sets out the contribution for a member without dependants who shares their accommodation.
Item 6 repeals and substitutes Annex 7.D of the Principal Determination which provides the contribution a member must make towards the cost of rent if they receive rent allowance. The contribution rates have been increased by a capped rate of 3%.
Part 1 of Annex 7.D sets out the contribution for members with dependants.
Part 2 of Annex 7.D sets out the contribution for members without dependants.
Item 7 repeals and substitutes Annex 7.E of the Principal Determination which provides rent ceilings used to calculate rent allowance entitlements for members. The rent ceilings are adjusted in line with the market rent paid by Defence for Service residences in various locations. The Annex consists of the following Parts.
Part 1.1 sets out the rent ceiling rate for a member with dependants who chooses a three or more bedroom rent ceiling for their home.
Part 1.2 sets out the rent ceiling rate for a member with dependants who chooses a two bedroom rent ceiling for their home.
Part 2.1 sets out the rent ceiling rates for a member without dependants, or a member with dependants (unaccompanied) who lives alone.
Part 2.2 sets out the rent ceiling rates for a member without dependants, or a member with dependants (unaccompanied) who shares their accommodation with one other person.
Part 2.3 sets out the rent ceiling rates for a member without dependants, or a member with dependants (unaccompanied) who shares their accommodation with two other people.
Part 2.4 sets out the rent ceiling rates for a member without dependants, or a member with dependants (unaccompanied) who shares their accommodation with three other people.
Item 8 repeals and substitutes Annex 7.F of the Principal Determination which provides the fortnightly rate of contribution a member must make toward their food costs when they are receiving temporary accommodation allowance. The rates have been increased by a capped rate of 3%.
Annex B
Defence Determination, Conditions of service (Living–in accommodation and review of housing contributions and allowances) Amendment Determination 2023 (No. 2)
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 do the following:
Amend the rates of contribution that members must make for their living-in accommodation. Living-in accommodation is a type of military accommodation that is provided for some single members, or members who do not have their families with them.
Implement an annual review of the Group Rent Scheme.
Implement the annual review of allowances that members may receive for, and the contributions they are required to make towards, the cost of their accommodation, meals and utilities.
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 as it provides assistance with the cost of housing and housing related allowances for members and their dependants. The increase in contribution rates payable by members for accommodation has been capped at 3% which is below the increase in the rent sub-component of the Consumer Price Index for the period of September 2021 to September 2022.
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.