Defence Determination 2014/41, Post Indexes and Approved Clubs Amendment

Defence Determination 2014/41, Post indexes and approved clubs – amendment

I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 18 August 2014
C S CHAMLEY
Acting Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2014/41, Post indexes and approved clubs – amendment.
2. / This Determination may also be cited as Defence Determination 2014/41.

2 Commencement

This Determination commences on 28 August 2014.

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 Schedule

5 Clause 15.7.5 (List of approved clubs), table entry for Ethiopia

substitute
Ethiopia / Hilton Hotel Health Club, Addis Ababa
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note to Defence Determination 2014/1 and amendments made by Defence Determinations 2014/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39 and 40.

SCHEDULE

Annex 15.2.A: Post indexes

Posting location / Applied index / Published index
AFGHANISTAN / 100.0 / 0.00
[Note: no price data is available for this location.]
BELGIUM / 117.0 / 117.0
BRUNEI / 100.0 / 78.4
CAMBODIA / 100.0 / 81.8
CANADA British Columbia / 107.3 / 107.3
CANADA Ontario / 104.8 / 104.8
CANADA Quebec / 103.7 / 103.7
CANADA Other / 103.5 / 103.5
CHINA / 125.9 / 125.9
ETHIOPIA / 100.0 / 81.3
FIJI / 100.0 / 86.9
FRANCE Paris / 122.3 / 122.3
FRANCE Other / 111.9 / 111.9
GERMANY / 125.2 / 125.2
INDIA / 100.0 / 78.4
INDONESIA / 100.0 / 82.1
IRAQ / 100.0 / 0.00
[Note: no price data is available for this location.]
JAPAN / 136.5 / 136.5
JORDAN / 100.9 / 100.9
KIRIBATI / 117.7 / 117.7
KOREA / 139.1 / 139.1
KUWAIT / 100.0 / 87.2
MALAYSIA / 100.0 / 80.9
MARSHALL ISLANDS / 111.1 / 111.1
MICRONESIA / 100.0 / 99.3
MYANMAR / 100.0 / 80.6
NETHERLANDS / 111.1 / 111.1
NEW ZEALAND Auckland / 116.4 / 116.4
NEW ZEALAND Christchurch / 112.2 / 112.2
NEW ZEALAND Wellington / 114.3 / 114.3
NEW ZEALAND Other / 114.3 / 114.3
PAKISTAN / 100.0 / 64.4
PALAU / 106.1 / 106.1
PAPUA NEW GUINEA / 125.1 / 125.1
PHILIPPINES / 100.0 / 80.6
SAMOA / 100.0 / 98.6
SAUDI ARABIA / 100.0 / 75.0
SINGAPORE / 119.7 / 119.7
SOLOMON ISLANDS / 125.9 / 125.9
Posting location / Applied index / Published index
SPAIN Madrid / 106.3 / 106.3
SPAIN Other / 101.7 / 101.7
THAILAND / 100.0 / 87.0
TIMOR-LESTE / 110.6 / 110.6
TONGA / 102.7 / 102.7
TURKEY / 100.0 / 95.9
TUVALU / 131.6 / 131.6
UNITED ARAB EMIRATES / 100.0 / 84.4
UK London / 116.5 / 116.5
UK Other / 105.5 / 105.5
USA Alaska / 100.2 / 100.2
USA California / 102.4 / 102.4
USA Colorado / 100.0 / 89.5
USA Connecticut/Rhode Island / 100.0 / 98.9
USA Florida / 100.0 / 94.4
USA Georgia / 100.0 / 89.8
USA Guam / 100.0 / 91.2
USA Hawaii / 111.2 / 111.2
USA Illinois / 100.3 / 100.3
USA Manhattan / 109.6 / 109.6
USA Maryland/Virginia, including Washington DC / 100.0 / 99.6
USA Massachusetts / 100.0 / 95.3
USA Missouri / 100.0 / 91.8
USA New York State, excluding Manhattan / 109.6 / 109.6
USA Texas / 100.0 / 90.6
USA Washington State / 100.0 / 99.4
USA Other / 100.0 / 96.9
VANUATU / 122.5 / 122.5
VIETNAM / 100.0 / 75.9

EXPLANATORY STATEMENT

Defence Determination 2014/41

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 Chapter 15 of the Principal Determination, which sets out provisions dealing with living and working on long-term posting overseas for members of the Australian Defence Force (ADF).

This Determination has the following purposes

§ To implement revised post indexes for ADF members at overseas posting locations. 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 since the post index was last varied then prompts an amending Determination to vary the post index.

§ To amend the list of approved clubs.

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 28 August 2014.

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

Clause 4 substitutes Annex 15.2.A of the Principal Determination. The new Annex changes post indexes at a range of posting locations. The changes are due to recent exchange movements.

The applied post indexes decreased for New Zealand – Auckland, New Zealand – Christchurch, New Zealand – Wellington and New Zealand – Other.

No changes are made for the applied post indexes in other locations.

Clause 4 also adjusts the published index in the third column of Annex 15.2.A for Indonesia which has a published index of less than 100. If the published index is less than 100 and was also less than 100 prior to this amendment, there is no effect on overseas living allowance, so benefits for members in that location remain unchanged.

Clause 5 substitutes the table entry for Ethiopia in clause 15.7.5 of the Principal Determination. This table provides a list of approved clubs in overseas posting locations where other suitable sporting and recreation facilities are not available. Members attending an approved club may be reimbursed club membership fees. Clause 5 substitutes 'The Aqva Club, Sheraton Hotel, Addis Ababa', with 'Hilton Hotel Health Club, Addis Ababa' as there are no fitness facility at the Sheraton Hotel.

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.

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 2014/41, Post indexes and clubs – 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 has the following purposes

§ To implement revised post indexes for ADF members at overseas posting locations.

§ To amend the list of approved clubs.

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.

Legitimate objective: Defence members are posted to perform duty in overseas locations. This could cause the member and their family economic hardship if the location has a high cost of living. The purpose of a post index is to show the relative cost of living at a posting location compared with Australia. This is then used to calculate various overseas allowances.

Reasonable, necessary and proportionate: This Determination adjusts the post indexes to ensure that an affected person continues to receive just and favourable remuneration. The post indexes and associated overseas allowances assist the member and their family to not suffer a disadvantage because of the requirement for the member to live and work overseas.

Approved clubs

The approved club membership provision in this Determination advances the rights of members and their families under Articles 12 of the International Covenant on Economic, Social and Cultural Rights. Article 12 recognises the right to the enjoyment of the highest attainable standard of physical and mental health.

Defence provides a range of benefits to members posted overseas to assist them and their families to not suffer a disadvantage because of the requirement for the member to live and work overseas. Club memberships are provided to members and their families so they can maintain their standard of physical and mental health. This Determination amends the approved club for Ethiopia.

Conclusion

This Determination is compatible with human rights because it does not limit any human rights.

Christon Scott Chamley, Acting Director General People Policy and Employment Conditions