EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment (Living–in accommodation and review of housing contributions and allowances) Determination 2024 (No. 5)
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 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, Security and Estate Group and Defence Housing Australia. Further consultation is not considered necessary in the annual housing and associated rates adjustment. This is a routine change to housing contributions and allowances.
Approved by: | COL Kirk Lloyd Acting Assistant Secretary People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Conditions of service Amendment (Living–in accommodation and review of housing contributions and allowances) Determination 2024 (No. 5)
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that the Determination commences on 4 July 2024.
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 subsection 7.4.27.2 of the Principal Determination which provides the contribution a member must pay towards their living-in accommodation. The contribution rates have been increased by 7.6% following the increase in the rents sub-component of the Consumer Price Index over the 12-month period September 2022 to September 2023.
Item 2 amends subsection 7.4.29.2 of the Principal Determination which provides the rental contribution a member must make towards a single bedroom apartment accommodation in Homebush or North Strathfield. The fortnightly contribution is increased from $274.99 to $295.33 which is an increase of 7.6% in the rents sub-component of the Consumer Price Index over the 12-month period September 2022 to September 2023.
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 4.8% increase in the food and non-alcoholic beverages component of the Consumer Price Index over the 12-month period September 2022 to September 2023.
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 7.6% following the increase in the rents sub-component of the Consumer Price Index over the 12-month period September 2022 to September 2023.
Item 6 repeals and substitutes the table 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 when they eat in a mess on a casual basis, and do not pay the fortnightly meal contribution. The rates have been adjusted by an average increase of 2.08%.
Items 7 and 8 amend section 7.9.7 of the Principal Determination which provides the fortnightly meal charge rate when eating in a mess. The rates for the fortnightly meal charge have increased from $216.30 to $220.50 which is a rate of 1.94%. The daily reduction of the fortnightly meal charge has increased from $15.45 to $15.75 which is a rate of 2%.
Item 9 amends subsection 7.10.9.1 of the Principal Determination which provides the fortnightly contribution a member who occupies living-in accommodation must pay towards the cost of utilities. The fortnightly contribution has increased from $47.65 to $53.66 which is a rate of 12.6%.
Schedule 2—Housing contributions and allowances – amendments
Item 1 amends table item 1 of 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 $110.99 to $124.98 which is a rate of 12.6%.
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 $76.95 to $86.64 which is a rate of 12.6%.
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 $19.36 to $19.74 which is a rate of 1.96%.
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 $147.65 to $166.26 which is a rate of 12.6%.
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 rate of 8%.
Part 1 of Annex 7.A sets out the contribution for a member with accompanied resident family and no unaccompanied resident family.
Part 2 of Annex 7.A sets out the contribution for a member who chooses 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 with no resident family or recognised other persons and is not sharing.
Part 4 of Annex 7.A sets out the contribution for a member with no resident family or recognised other persons and is sharing.
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 rate of 8%.
Part 1 of Annex 7.D sets out the contribution for a member with resident family and recognised other persons.
Part 2 of Annex 7.D sets out the contribution for a member without resident family and recognised other persons.
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 who has accompanied resident family and no unaccompanied resident family in a 3-bedroom home.
Part 1.2 sets out the rent ceiling rate for a member who has accompanied resident family and no unaccompanied resident family who chooses a 2-bedroom rent ceiling.
Part 2.1 sets out the rent ceiling rates for a member who lives alone.
Part 2.2 sets out the rent ceiling rates for a member who shares with 1 other person.
Part 2.3 sets out the rent ceiling rates for a member who shares with 2 other people.
Part 2.4 sets out the rent ceiling rates for a member who shares with 3 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 rate of 4.8%.
Annex B
Defence Determination, Conditions of service Amendment (Living–in accommodation and review of housing contributions and allowances) Determination 2024 (No. 5)
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 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 family. The increase in contribution rates payable by members for accommodation is in line with increases in the national rental market and average rent for Defence Housing Australia managed properties.
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.