Defence Determination 2009/42

I, BRIAN GARY PAULE, Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated26 June 2009
B G PAULE
Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

1 Citation

This Determination is Defence Determination 2009/42, Post indexes– amendment.

2 Commencement

This Determination commences on9 July 2009.

3 Amendment

Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.

4 Annex 15.2.A (Post indexes)

substitute
the Annex set out in the Attachment to this Determination

5 Transitional

1. / This clause applies to a member who was entitled, during the period 11 June 2009 and 9July 2009 (the relevant period), to the post index while serving at Tuvalu under the Principal Determination.
2. / If this Determination had applied for the relevant period, and would have resulted in the member's entitlement to post index exceeding the amount of post index previously paid for that period, the member is entitled to additional post index equal to the amount of the excess.
NOTE
1. / Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments see Note to Defence Determination 2009/1 and see also Defence Determinations 2009/2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41.

ATTACHMENT

Annex 15.2.A: Post indexes

Posting location / Applied index / Published index
BELGIUM / 130.9 / 130.9
CAMBODIA / 100.0 / 78.0
CANADABritish Columbia / 109.9 / 109.9
CANADAMontreal / 110.2 / 110.2
CANADAOntario / 111.4 / 111.4
CANADA Other / 107.7 / 107.7
CHINA / 119.2 / 119.2
COOKISLANDS / 117.7 / 117.7
FIJI / 100.0 / 70.0
FRANCEParis / 146.0 / 146.0
FRANCE Other / 130.5 / 130.5
GERMANY / 137.4 / 137.4
INDIA / 100.0 / 72.1
INDONESIA / 100.0 / 87.4
IRAQ / 100.0 / 0.00
[Note:no price data is available for this locality.]
ISRAEL / 135.4 / 135.4
JAPAN / 172.1 / 172.1
KIRIBATI / 121.8 / 121.8
KOREA / 120.2 / 120.2
KUWAIT / 100.0 / 93.9
MALAYSIA / 100.0 / 71.5
MARSHALL ISLANDS / 115.3 / 115.3
MICRONESIA / 106.0 / 106.0
NETHERLANDS / 125.1 / 125.1
NEW ZEALANDWellington / 100.0 / 97.0
NEW ZEALANDAuckland / 100.0 / 96.7
NEW ZEALAND Other / 100.0 / 96.9
PAKISTAN / 100.0 / 58.2
PALAU / 101.6 / 101.6
PAPUA NEWGUINEA / 111.4 / 111.4
PHILIPPINES / 100.0 / 72.3
SAMOA / 103.2 / 103.2
SAUDI ARABIA / 100.0 / 78.5
SINGAPORE / 109.5 / 109.5
SOLOMON ISLANDS / 116.5 / 116.5
SPAIN / 124.3 / 124.3
THAILAND / 100.0 / 83.9
TIMOR-LESTE / 108.9 / 108.9
TONGA / 103.8 / 103.8
TURKEY / 121.6 / 121.6
TUVALU / 123.2 / 123.2
UNITED ARAB EMIRATES / 100.0 / 87.5
UKLondon / 121.4 / 121.4
UK Other / 108.0 / 108.0
Posting location / Applied index / Published index
USAAlaska / 117.4 / 117.4
USACalifornia / 115.3 / 115.3
USAColorado / 100.6 / 100.6
USA Connecticut/Rhode Island / 107.1 / 107.1
USAFlorida / 105.7 / 105.7
USAGeorgia / 100.2 / 100.2
USAIllinois / 110.6 / 110.6
USAHawaii / 121.4 / 121.4
USAManhattan / 125.7 / 125.7
USA Maryland/Virginia, including WashingtonDC / 112.6 / 112.6
USAMassachusetts / 107.4 / 107.4
USAMissouri / 101.5 / 101.5
USANew YorkState, excluding Manhattan / 117.7 / 117.7
USATexas / 100.0 / 97.3
USAWashingtonState / 109.0 / 109.0
USA Other / 103.5 / 103.5
VANUATU / 128.9 / 128.9
VIETNAM / 100.0 / 77.3

EXPLANATORY STATEMENT

Defence Determination 2009/42

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter 15 of the Principal Determination deals with employment conditions for members of the ADF living on a long-term posting overseas.

This Determination implements revised post indexes for theremaining overseas locations where ADF members serve. A data service provider works out the post index from local prices surveyed in March and September each year.An exchange rate movement in the national currency of 2 per cent or more over two pay periods then prompts an amending determination to vary the post index.

Clause 1 of this Determination sets out the manner in which this Determination may be cited.

Clause 2 of this Determination provides that this Determination commences on 9 July 2009.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4substitutes Annex 15.2.A into the Principal Determination. The new Annex changes post indexes at a range of posting locations. The post indexes are used to calculate the amount of overseas living allowance a member of the ADF is paid during a long-term posting overseas.

The applied post indexes decreased for Belgium, Canada, China, France, Germany, Japan, Korea, Kuwait, Micronesia, Netherlands, Papua New Guinea, Samoa, Singapore, Solomon Islands, Spain, Timor-Leste, Tonga, Turkey, USA and Vanuatu.

The applied post index increased for Cook Islands.

No changes are made for the applied post indexes in Israel, Kiribati and the UK.

Column 3 of Annex 15.2.A shows the index published for the posting location by the data service provider. Where this figure is less than 100 it is not used in working out overseas living allowance.Clause4 adjusts the published index for 16 locations each with published index of less than 100. These changes do not affect the benefits paid to the member.

Clause 4 also decreased the post indexes for Marshall Islands and Palau and increased the post index for Tuvalu in line with the survey of local prices and exchange rates carried out in March 2009. The price review was set for other posting locations in Defence Determination 2009/38, Post indexes – price review, which commenced on 11 June 2009. At the time, survey results for Marshall Islands, Palau and Tuvalu had not been received. The transitional provision in clause 5 provides that the post index for Tuvalu is taken to have commenced on 11 June 2009, the same day as Defence Determination 2009/38. The post indexes for Marshall Islands and Palaucommence on 9 July 2009, this will ensure that no liability is imposed on members.

Clause 5 provides a transitional provision to make a payment to those members who would have been entitled to a higher amount of overseas living allowance, had the changes to Tuvalu posting location in clause 4 of this Determination taken effect on 11 June 2009.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review under the ADF redress of grievance system, including an appeal to the Defence Force Ombudsman.

The retrospective application of clause 5 of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

Authority: Section 58B of the
Defence Act 1903