Defence Determination 2016/31, Post indexes and benchmark schools – amendment

I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 9 September2016
L A ARNOLD
Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

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Citation
1. / This Determination is Defence Determination 2016/31, Post indexes and benchmark schools – amendment.
2. / This Determination may also be cited as Defence Determination 2016/31.
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Commencement
This Determination commences on22 September 2016.
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Authority
This instrument is made under section 58B of the Defence Act 1903.
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Amendment
Defence Determination 2016/19, Conditions of service, as amended,1 is amended as set out in this Determination.
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Annex 15.2.A (Post indexes)
substitute
the Annex set out in the Schedule
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Annex 15.6.A (Benchmark schools)
after item 19, insert
19A. / Myanmar / The InternationalSchoolYangon / The InternationalSchoolYangon / The InternationalSchoolYangon
NOTE
1. / Defence Determination 2016/19, as amended to date. For previous amendments see Note to Defence Determination 2016/23 and amendments made by Defence Determinations 2016/23, 24, 25, 26, 27, 28, 29 and 30.
SCHEDULE
Annex 15.2.A: Post indexes
Posting location / Applied index / Published index
AFGHANISTAN / 100.0 / [Note: no price data is available for this location.]
BELGIUM / 119.4 / 119.4
BRUNEI / 100.0 / 95.4
CAMBODIA / 102.3 / 102.3
CANADABritish Columbia / 109.1 / 109.1
CANADAOntario / 105.7 / 105.7
CANADAQuebec / 107.1 / 107.1
CANADA Other / 105.3 / 105.3
CHINA / 146.7 / 146.7
ETHIOPIA / 106.4 / 106.4
FIJI / 105.3 / 105.3
FRANCEParis / 121.8 / 121.8
FRANCE Other / 114.1 / 114.1
GERMANY / 120.0 / 120.0
INDIA / 100.0 / 93.8
INDONESIA / 100.0 / 96.9
IRAQ / [Note: no price data is available for this location.]
ITALYRome / 114.2 / 114.2
ITALYTurin / 109.6 / 109.6
JAPAN / 177.6 / 177.6
JORDAN / 126.2 / 126.2
KIRIBATI / 124.6 / 124.6
KOREA / 152.9 / 152.9
KUWAIT / 106.8 / 106.8
MALAYSIA / 100.0 / 87.3
MARSHALL ISLANDS / 144.0 / 144.0
MICRONESIA / 122.7 / 122.7
MYANMAR / 100.0 / 84.0
NETHERLANDS / 113.7 / 113.7
NEW ZEALANDAuckland / 127.1 / 127.1
NEW ZEALANDChristchurch / 123.6 / 123.6
NEW ZEALANDWellington / 126.3 / 126.3
NEW ZEALAND Other / 125.7 / 125.7
PAKISTAN / 100.0 / 85.3
PALAU / 124.2 / 124.2
Posting location / Applied index / Published index
PAPUA NEW GUINEA / 126.0 / 126.0
PHILIPPINES / 100.0 / 95.2
SAMOA / 110.7 / 110.7
SAUDI ARABIA / 102.7 / 102.7
SINGAPORE / 147.3 / 147.3
SOLOMON ISLANDS / 144.9 / 144.9
SPAINMadrid / 107.2 / 107.2
SPAIN Other / 104.0 / 104.0
SRI LANKA / 100.0 / 87.1
THAILAND / 101.2 / 101.2
TIMOR-LESTE / 131.6 / 131.6
TONGA / 101.5 / 101.5
TURKEY / 100.0 / 99.7
TUVALU / 125.6 / 125.6
UNITED ARAB EMIRATES / 112.9 / 112.9
UKLondon / 113.3 / 113.3
UK Other / 105.3 / 105.3
USAAlaska / 120.8 / 120.8
USACalifornia / 125.6 / 125.6
USAColorado / 111.2 / 111.2
USA Connecticut/Rhode Island / 118.5 / 118.5
USAFlorida / 116.1 / 116.1
USAGeorgia / 111.6 / 111.6
USAGuam / 118.7 / 118.7
USAHawaii / 137.6 / 137.6
USAIllinois / 119.8 / 119.8
USAManhattan / 142.5 / 142.5
USA Maryland/Virginia, including WashingtonDC / 121.9 / 121.9
USAMassachusetts / 117.0 / 117.0
USAMissouri / 112.5 / 112.5
USANew YorkState, excluding Manhattan / 133.9 / 133.9
USATexas / 112.5 / 112.5
USAWashingtonState / 118.5 / 118.5
USA Other / 116.3 / 116.3
VANUATU / 138.7 / 138.7
VIETNAM / 100.0 / 92.7

EXPLANATORY STATEMENT

Defence Determination 2016/31

This Determination amends Defence Determination 2016/19, 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 legislative instruments subject to the Legislation Act 2003. These instruments are also 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 two 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 provide a benchmark school for Myanmar.

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

Section 2 of this Determination provides that the Determination commences on 22 September 2016 to allow time for the administration of the associated benefits.

Section 3 provides that the authority for the instrument is under section 58B of the Defence Act 1903.

Section 4 specifies that the amendment is made to the Principal Determination, as amended.

Section 5 substitutes Annex 15.2.A of the Principal Determination. The new table changes post indexes at a range of posting locations. The changes are due to recent exchange rate movements. The following summarises the changes.

  • The applied post index rate increased for Japan.
  • The applied post index rate decreased for Tonga.
  • The published post index rates decreased for Indonesia and Malaysia. However, as the indexes were below 100 the last time the index changed and have remained below 100, there is no affect to the benefits paid to members in these locations.

Section 6 amends Annex 15.6.A of the Principal Determination, which provides a list of schools that set the 'benchmark' for the amount of education assistance to be reimbursed to members for their children's education at overseas posting locations. Myanmar is a posting location for some Defence members. Up until now there have been no members with school-age children and no benchmark school was provided. After an assessment of suitable schools in Myanmarthe International School Yangon was recommended as the most suitable for providing the quality of education comparable to Australian education standards. Section 6 provides that the International School Yangon is the benchmark school for Myanmar.

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.

Consultation

Consultation is not considered necessary in the monthly Post Index adjustment process as this falls within the bounds of routine, house keeping of an established benefit.The data is provided to Defence from a recognised data provider and the adjustments are made according to established policy. Where an adjustment results in a major change to any particular country/location, the overseas post is provided with advance notification of the pending change.

With regard to the benchmark school for Myanmar, Navy, Army and Air Force, the International Policy Division and the relevant overseas posts were consulted and agreed to the changes made by this Determination.

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 2016/31, Post indexes and benchmark schools – 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 two 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 provide a benchmark school for Myanmar.

Human rights implications

Post indexes

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.

Benchmark schools

The benchmark school provision in this Determination advance 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 a range of benefits to members posted overseas to assist members and their families 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 provides a benchmark school Myanmar.

Conclusion

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

Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions