Subclause 4.6.10.2 (Parking Space Or Permit), See Note

Defence Determination 2015/14, Trainee's dependant allowance, post indexes benchmark schools and technical adjustments – amendment

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Citation

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Commencement

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Amendment

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Subclause 4.6.10.2 (Parking space or permit), see note

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Paragraph 4.7.6.a (When this Division does not apply)

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Paragraph 5.4.33.2.a (Members on part-time leave without pay), examples

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Annex 15.2.A (Post indexes)

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Paragraph 15.4.3.1.b (Member this Part does not apply to), related information

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Annex 15.6.A (Benchmark Schools), table item 32

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Subclause 16.1.7.3 (Basis for hardship package)

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SCHEDULE

Annex 15.2.A: Post indexes

EXPLANATORY STATEMENT

Defence Determination 2015/14

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 section 58B 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 Defence Determination 2005/15, Conditions of service, which set out provisions dealing with benefits for eligible members of the Australian Defence Force (ADF).

• Chapter 4 sets out provisions relating to allowances and reimbursements.
• Chapter 5 sets out provisions dealing with leave.
• Chapter 15 sets out provisions dealing with living and working on long-term posting overseas for members of the Australian Defence Force (ADF).
• Chapter 16 sets out conditions of service for members on overseas hardship postings. It covers the assistance provided and eligibility for allowances.

This Determination has the following five purposes.

• To make some minor technical adjustments.
• To adjust the maximum annual income a member's dependant can earn before they are no longer eligible for trainee's dependant allowance.
• To amend maternity leave examples to help understand how maternity leave works.
• 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 UK benchmark school.

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 the following dates.

• Clause 4 commences on 1 April 2015.
• Clause 7 commences on 9 April 2015.
• The remaining clauses commence on the date of signature.

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

Clause 4 substitutes the cross-reference note in subclause 4.10.6.2 of the Principal Determination, which contained a typographical error in the reference to the Part under which a member may find information as to whether they are required to make a contribution towards parking. Clause 4 provides the correct reference.

Clause 5 amends paragraph 4.7.6.a of the Principal Determination, which provides the maximum annual income a member's dependant can earn before the member is no longer eligible for trainee's dependant allowance.Trainee's dependant allowance supplements a trainee's salary when they are supporting one or more eligible dependants. The figure is increased to $33,326.80 in line with the national minimum wage set by the Fair Work Commission 1 July 2014.

Clause 6 amends paragraph 5.4.33.2.a of the Principal Determination, which provides how a member's maternity leave is affected if they begin maternity leave when they have already been granted a period of part-time leave without pay. Two examples in the paragraph provide scenarios of a member taking 12weeks' maternity leave. This figure has confused readers because the maternity leave entitlement is 14 weeks. Clause 6 updates the figure to 14.

Clause 7 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 rate movements. The following changes are made.

• The applied post indexes increased for China, Papua New Guinea and Samoa.
• The applied post indexes decreased for Belgium, France – Paris, France – Other, Germany, Netherlands, Spain – Madrid, Spain – Other, Turkey, UK – London and UK – Other.
• The published post index increasedfor Sri Lanka, however, since the figure is less than 100 there is no affect on members' benefits.
• No changes are made for the applied post indexes in other countries.

Clause 8 omits the cross reference to related information in paragraph 15.4.3.1.b of the Principal Determination. The related information makes reference to clauses that no longer exist having been omitted by Defence Determination 2012/12.

Clause 9 substitutes Annex 15.6.A table item 32 of the Principal Determination, which provides a list of benchmark schools in overseas posting locations. A benchmark school at the member's posting location provides a 'benchmark' for the amount of education assistance to be provided. The proposed new benchmark school is much closer to the Defence housing cluster in London. By changing the benchmark school travelling time would be significantly reduced for Australian students. This is important for welfare and security reasons.

Clause 10substitutes subclause 16.1.7.3 of the Principal Determination, which provides the method of how each hardship location is ranked. The amendments reflect the changes made by Defence Determination 2014/66, Travel costs and hardship allowance – amendment which reduced hardship grades from 7 categories to 6.

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 2015/14, Trainee's dependant allowance, post indexes, benchmark schools and technical adjustments – 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 technical amendments to Defence Determination 2005/15, Conditions of Service.

This Determination has the following five purposes.

• To make some minor technical adjustments.
• To adjust the maximum annual income a member's dependant can earn before they are no longer eligible for trainee's dependant allowance.
• To amend misleading maternity leave related examples.
• 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 benchmark school for the UK.

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 onEconomic, Social and Cultural Rights. Article 7 guarantees just and favourable conditions of work,including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

Post indexes

Legitimate objective: Defence members are posted to perform duty in overseas locations. This couldcause the member and their family economic hardship if the location has a high cost of living. Thepurpose 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 anaffected person continues to receive just and favourable remuneration. The post indexes and associatedoverseas allowances assist the member and their family to not suffer a disadvantage because of therequirement for the member to live and work overseas.

Benchmark school

The benchmark schools provision advances the rights under Article 13 of the International Covenant on Economic, Social and Cultural Rights. Article 13 recognises the right of everyone to education.

Defence provides education assistance to members' posted overseas to assist the member and their family to not suffer a disadvantage because of the requirement for the member to live and work overseas. Benchmark schools are nominated to set the 'benchmark' for the amount of education assistance to be reimbursed to members for their children's education whilst posted overseas. This Determination amendsthe UK benchmark school

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Trainee'sdependant allowance

The protection of a person's right to care for dependants: The protection of a person's right to care for dependants engages Article 10 of the International Covenanton Economic, Social and Cultural Rights. Article 10 guarantees the widest possible protection andassistance to families, including their responsibility for the education and care of dependent children.

Legitimate objective: Defence recognises the importance of supplementing a trainee's salary when they are supporting one or more eligible dependants.

Reasonable, necessary and proportionate: This Determination brings thetrainee's dependant allowancefigure inline with the current minimum wage in Australia.Trainee's dependant allowance supplements a trainee's salary when they are supporting one or more eligible dependants.

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

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