Defence Determination 2015/31, Education assistance – amendment

I, JOHN WILLIAM GEERING, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 3 August2015
J W GEERING
Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

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Citation
1. / This Determination is Defence Determination 2015/31, Education assistance – amendment.
2. / This Determination may also be cited as Defence Determination 2015/31.
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Commencement
This Determination commences on10September 2015.
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Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.
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Subclause 8.4.10.2 (Rate and period of reimbursement)
omit
$87
insert
$91
5
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Subclause 8.4.10A.5 (Web-based tutoring), example table
substitute
Step / Action
1. / The child has studied maths before. The maximum limit is in Item 1 of the table in subclause 6, and is $1,287
2. / The child only has one subject recommended, and had the coaching.
3. / Multiply outcome of Step 2 by outcome of Step 1:
$1,287 x 1 = $1,287
4. / The child had 4 hours of face-to-face tutoring.
4 hours face-to-face tutoring x $91 an hour = $364
5. / $1,287 – $364= $923
6. / The member may be reimbursed up to $923 for web-based tutoring.
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Subclause 8.4.10A.6 (Web-based tutoring), table
substitute
Item / If the subject... / and the child... / then the maximum limit is...
1. / is offered at the new school / has studied the subject before / $1,287
2. / has not studied the subject before / $2,390
3. / is not offered at the new school / meets both of the following conditions:
1. The child is in Year 10, 11 or 12.
2. The child needs to study the subject, as it is essential to their career aims.
Example: A student wishes to pursue a career in music. Music courses are not available at the new school. / $4,781
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Subclause 8.4.12.3 (Children with special needs), table
substitute
Item / If the special needs child requires... / then the entitlement is...
1. / a therapy service or tuition not provided at the school, but critical to educational progress / one hour a week for 14 weeks, at a maximum of $91 an hour for each service needed.
2. / an assessment of the need, critical to the development of an educational program / a private assessment of the need, up to $677.
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Subclause 8.4.12.5 (Children with special needs)
substitute
5. / The CDF may approve attendance at a private school to access a special program. If approved, the member may receive the cost of compulsory tuition fees up to $25,265 a year. A member contribution of $331 a year is required.
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Subclause 8.4.13.4 (CDF discretion to extend education assistance)

omit
$87
insert
$91

10

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Subclause 8.4.20.1 (Rates of reimbursement), table

substitute
Item / The annual maximum reimbursement is... / less an annual member contribution of...
Compulsory tuition fees
1. / The cost of compulsory tuition fees to a maximum of $25,265 / $331.
Accommodation
2. / If in boarding school or a commercial establishment, the cost of board to maximum of $23,211 / $2,938.
($2,516 if the first year of boarding)
3. / If accommodated privately, the cost of board to a maximum of $15,290
Example: A lodger boarding in a private home.

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Subclause 8.4.25.1 (Rate and period of assistance)

omit
$172 a week
insert
$354 a fortnight

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Subclause 15.6.11.3 (Entitlement – general), table

substitute
Item / School level / Annual contribution in AUD
1. / Pre-school / 441
2. / Primary school / 150
3. / Secondary school / 351

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Subclause 15.6.28.1 (Rates of assistance), table

substitute
Item / The annual maximum is... / less an annual member contribution of...
Compulsory tuition fees
1. / AUD 25,265 for the cost of compulsory tuition / AUD 150 if the child is in primary school.
AUD 351 if the child is in secondary school.
Accommodation
2. / AUD 23,211 for the cost of accommodation in a boarding school or a commercial establishment / the greater of the following.
a. / The cost incurred for accommodation prior to the posting (see subclause 1A).
b. / AUD 2,938 (AUD 2,516 if the first year of boarding).
Exception: If the child lives in the family home no assistance is provided for accommodation.
3. / AUD 15,290 for the cost of private accommodation
Example: A lodger boarding in a private home. / the greater of the following.
a. / The cost incurred for accommodation prior to the posting (see subclause 1A).
b. / AUD 2,938.
Exception: If the child lives in the family home no assistance is provided for accommodation.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Noteto Defence Determination 2015/1 and amendments made by Defence Determinations2015/1, 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 and 30.

1

EXPLANATORY STATEMENT

Defence Determination 2015/31

This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section58B of the Defence Act are disallowable non-legislative instruments and are subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.

This Determination amends the following Chapters of the Principal Determination.

  • Chapter8 sets out provisions dealing with members and their dependants.
  • Chapter 15 sets out provisions dealing with living and working on long-term posting overseas for members of the ADF and Australian Public Service (APS) employees.

This Determinationmakes routine adjustments to education cost allowances. These are based on changes in the Consumer Price Index or advice from a contracted service provider.

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

Clause 2 of this Determination provides that the Determination commences on 10 September 2015 to allow time for the pay systems to be updated with the new rates provided for in this Determination.

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

Clause 4 amends subclause 8.4.10.2 of the Principal Determination. This amendment increases the maximum hourly rate of reimbursement to a member for the cost of face-to-face tutoring for their child. The amendment changes this maximum rate from $87 to $91. This rate has increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2014 (5.2per cent), rounding the underlying figure to the nearest dollar.

Clause 5 substitutes the example table in subclause 8.4.10A.5 of the Principal Determination which provides an example of how to calculate the reimbursement for web-based tutoring. The rates in this example reflect the rate changes madeby clauses 4 and 6 of this Determination. Clauses 4 and 6 amended the maximum hourly rate of assistance for face-to-face tutoring and the maximum limit of assistance provided for web-based tutoring for a subject (the child has studied before)respectively.

Clause 6 substitutes the table in subclause 8.4.10A.6 of the Principal Determination which provides the figures used for calculating web-based tutoring payments. The rates have increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2014 (5.2per cent), rounding the underlying figure to the nearest dollar.

Clause 7 substitutes the table of subclause 8.4.12.3 of the Principal Determination. The amendments increase the maximum hourly rate of reimbursement for costs incurred by a member when their child with special needs requires additional tuition or therapy to assist in the transition to a new school. The amendment changes this maximum rate from $87 to $91. Clause 7 also increases the limit on assistance withthe costs of private assessment to develop an educational program for a child with special needs. This amendment changes this entitlement from $643 to $677. These changes have increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2014 (5.2per cent), rounding the underlying figures to the nearest dollar.

Clause 8 substitutes subclause 8.4.12.5 of the Principal Determination. This amendment increases the maximum reimbursement for the cost of compulsory tuition fees from $23,831 to $25,265 a year, which represents an increase of 6 per cent. It also increases the member contribution from $315 to $331 a year, which represents an increase of 5.1 per cent. These new rates are based on advice received from a contracted service provider.

Clause 9 amends subclause 8.4.13.4 of the Principal Determination, which provides that the Chief of Defence Force may extend education assistance to a member for their child for an additional 14 weeks for each subject, capped at a maximum hourly rate. Clause 9 increases the maximum rate from $87 to $91. These changes are in line with an increase in the Education component of the Consumer Price Index for the 12 month period ending December 2014 (5.2per cent), rounding the underlying figure to the nearest dollar.

Clause 10 substitutes the table of subclause 8.4.20.1 of the Principal Determination. This amendment increases the maximum rates of reimbursement for compulsory tuition fees, accommodation for children who do not accompany a member to a posting location anda member's annual contribution rate.

The rate changes are as follows.

  • Increase in the maximum annual compulsory tuition fee reimbursement from $23,831 to $25,265; this is an increase of 6 per cent.
  • Increase in the annual member contribution towards the cost of compulsory tuition fees from $315 to $331; this is an increase of 5.1 per cent.
  • Increase in the maximum reimbursement of board if accommodated in a boarding school or a commercial establishment from $21,739 to $23,211; this is an increase of 6.8 per cent.
  • Increase in the maximum reimbursement of board if privately accommodated from $14,706 to $15,290; this is an increase of 4 per cent.
  • Increase in the annual member contribution towards their child'sboarding fees (if not their first year) from $2,889 to $2,938; this is an increase of 1.7 per cent.
  • Increase in the annual member contribution towards their child's boarding fees (if it is their first year)from $2,451 to $2,516; this is an increase of 2.7 per cent.

These new rates are based on advice received from a contracted service provider.

Clause 11 substitutes the amount set out in of subclause 8.4.25.1 of the Principal Determination. This amendment increases the rate of reimbursement to members for accommodation costs for tertiary students not at the member's location of residence. The rate has increased from $172 a week to $354 a fortnight, an increase of 2.9 per cent. The rate has been changed from weekly to fortnightly to align with the members' fortnightly pay cycle and for consistency across ADF pay and conditions. This rate is based on 83 per cent of the Youth Allowance payable under the Social Security Act1991,to an independent full-time student living away from home, rounded to the nearest dollar amount.

Clause 12 substitutes the table in subclause 15.6.11.3 of the Principal Determination which lists the annual contribution that a member must pay towardscompulsory tuition fees when their child attends school in their overseas posting location. The contribution rates are based on the typical cost of attending government schools in Australia. The rates are increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2014 (5.2 per cent), rounding the underlying figure to the nearest dollar.

Clause 13 amends clause 15.6.28 of the Principal Determination, which provides a member's entitlement when their child attends an Australian school while the member is on an overseas posting. Clause 13 updates the tuition and accommodation contribution rates and the accommodation reimbursement rates.

The following two rate changes made by clause 13are in line with the Education component of the Consumer Price Index for the 12month period ending December 2014 (5.2 per cent), rounding the underlying figure to the nearest dollar.

  • Member contribution towards compulsory tuition fees for a primary student has increased from AUD143 to AUD150.
  • Member contribution towards compulsory tuition fees for a secondary student has increased from AUD334 to AUD351.

The following six rate changes made by clause 13have been advised by a contracted service provider.

  • For a member whose child lives at a boarding school, the member's accommodation contribution is increased from AUD 2,889 to AUD 2,938, an increase of 1.7 per cent.
  • For a member whose child lives at a boarding school for the first time, the member's accommodation contribution is increased from AUD 2,451 to AUD 2,516, an increase of 2.7 per cent.
  • For a member whose child lives in private accommodation, the member's accommodation contribution is increased from AUD 2,889 to AUD 2,938, an increase of 1.7 per cent.
  • The maximum reimbursement for compulsory tuition fees is increased from AUD 23,831 to AUD25,265 a year; an increase of 6 per cent.
  • The maximum reimbursement for accommodation where a child boards at boarding school or a commercial boarding establishment has increased from AUD21,739 to AUD23,211 a year; an increase of 6.8 per cent.
  • The maximum reimbursement for accommodation where a child lives in private board and lodging has increased from AUD 14,706 to AUD 15,290 a year; an increase of 4 per cent.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system. A person may make a complaint to the Defence Force Ombudsman.

Authority: Section 58B of the
Defence Act 1903

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Determination 2015/31, Education assistance – amendment

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.

Overview of the Determination

This Determination makes routine adjustments to education cost allowances. These are based on changes in the Consumer Price Index or advice from a contracted service provider.

Human rights implications

The protection of a person's right to care for dependants

The right to education

The protection of a person's right to care for and provide education to dependants engages Articles 10 and 13 of the International Covenant on Economic, Social and Cultural Rights. Article 10 guarantees the widest possible protection and assistance to families, including their responsibility for the education and care of dependent children. Article 13 recognises the right of everyone to education.

Defence often requires its members to relocate to postings within Australia and overseas. These include remote areas without nearby educational facilities and locations where education costs far exceed what members might otherwise pay for their children. Defence recognises that relocation can cause financial hardship to the member and disruptions to their child dependant's education.

Defence assists members and their families by providing education assistance in order to minimise disruption to their children's education, so that children are not disadvantaged by member relocations. This assistance is provided in the form of private and web-based tuition and where relevant boarding school costs.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

John William Geering, Director General People Policy and Employment Conditions