Defence Determination 2017/22, Post Indexes Amendment

Defence Determination 2017/22, Post indexes – 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 13 July 2017
L A ARNOLD
Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1 Name

1. / This Determination is Defence Determination 2017/22, Post indexes – amendment.
2. / This Determination may also be cited as Defence Determination 2017/22.

2 Commencement

1. / Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information /
Column 1 / Column 2 / Column 3 /
Provisions / Commencement / Date/Details /
The whole of this instrument / 27 July 2017
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
2. / Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under section 58B of the Defence Act 1903.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule1—Amendments to Defence Determination 2016/19, Conditions of service

1 Annex 15.2.A (Post indexes – member posted before 1 July 2017)

Omit the Annex, substitute:

Annex 15.2.A: Post indexes – member posted before 1 July 2017

Posting location / Applied index / Published index
AFGHANISTAN / 100.0 / [Note: no price data is available for this location.]
BELGIUM / 117.3 / 117.3
BRUNEI / 100.0 / 89.6
CAMBODIA / 100.0 / 99.2
CANADA British Columbia / 108.8 / 108.8
CANADA Ontario / 106.2 / 106.2
CANADA Quebec / 105.3 / 105.3
CANADA Other / 105.2 / 105.2
CHINA / 137.6 / 137.6
ETHIOPIA / 100.0 / 99.7
FIJI / 102.4 / 102.4
FRANCE Paris / 119.8 / 119.8
FRANCE Other / 112.5 / 112.5
GERMANY / 114.3 / 114.3
INDIA / 100.0 / 96.8
INDONESIA / 100.0 / 96.0
IRAQ / 100.0 / [Note: no price data is available for this location.]
ITALY Genoa / 107.5 / 107.5
ITALY Rome / 112.1 / 112.1
ITALY Turin / 108.1 / 108.1
JAPAN / 151.2 / 151.2
JORDAN / 120.8 / 120.8
KIRIBATI / 122.4 / 122.4
KOREA / 148.5 / 148.5
KUWAIT / 102.0 / 102.0
MALAYSIA / 100.0 / 83.1
MARSHALL ISLANDS / 159.5 / 159.5
MICRONESIA / 115.9 / 115.9
MYANMAR / 100.0 / 75.3
NETHERLANDS / 111.8 / 111.8
NEW ZEALAND Auckland / 126.3 / 126.3
NEW ZEALAND Christchurch / 123.9 / 123.9
NEW ZEALAND Wellington / 126.0 / 126.0
NEW ZEALAND Other / 125.4 / 125.4
Posting location / Applied index / Published index
PAKISTAN / 100.0 / 84.4
PALAU / 132.3 / 132.3
PAPUA NEW GUINEA / 121.3 / 121.3
PHILIPPINES / 100.0 / 87.6
SAMOA / 108.2 / 108.2
SAUDI ARABIA / 100.0 / 97.2
SINGAPORE / 139.9 / 139.9
SOLOMON ISLANDS / 137.1 / 137.1
SPAIN Madrid / 104.1 / 104.1
SPAIN Other / 100.8 / 100.8
SRI LANKA / 100.0 / 82.8
THAILAND / 104.1 / 104.1
TIMOR-LESTE / 122.2 / 122.2
TONGA / 100.9 / 100.9
TURKEY / 100.0 / 88.0
TUVALU / 125.8 / 125.8
UNITED ARAB EMIRATES / 108.8 / 108.8
UK London / 109.1 / 109.1
UK Other / 102.0 / 102.0
USA Alaska / 115.2 / 115.2
USA California / 119.7 / 119.7
USA Colorado / 106.6 / 106.6
USA Connecticut/Rhode Island / 112.2 / 112.2
USA Florida / 111.0 / 111.0
USA Georgia / 106.5 / 106.5
USA Guam / 115.6 / 115.6
USA Hawaii / 131.4 / 131.4
USA Illinois / 113.7 / 113.7
USA Manhattan / 136.2 / 136.2
USA Maryland/Virginia, including Washington DC / 115.3 / 115.3
USA Massachusetts / 111.7 / 111.7
USA Missouri / 108.2 / 108.2
USA New York State, excluding Manhattan / 127.8 / 127.8
USA Texas / 106.4 / 106.4
USA Washington State / 113.5 / 113.5
USA Other / 110.3 / 110.3
VANUATU / 139.8 / 139.8
VIETNAM / 100.0 / 91.3

2 Annex 15.2A.A (Post indexes – member posted on or after 1 July 2017)

Omit the Annex, substitute:

Annex 15.2A.A: Post indexes – member posted on or after 1 July 2017

EXPLANATORY STATEMENT

Defence Determination 2017/22

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.

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

This Determination implements rebased post indexes that apply to the overseas locations where ADF members serve, as a result of a price review. The review is conducted in accordance with subsection15.2.8.3 of the Principal Determination. The review is distinct from and additional to the routine monthly adjustment process. The monthly process varies post indexes in posting locations where there has been a 2 percent or more movement in the exchange rate since the post index last varied.

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

Section 2 is the commencement provision for the Determination and includes a table setting out the details of the commencement of sections of the Determination. Column 1 of the table sets out the provisions in numbered items, column 2 sets out the commencement and column 3 sets out date/details. Information in column 3 does not form part of the Act, so information can subsequently be inserted in the column (or edited) in a published version of the Determination. Item 1 in the table provides that the whole of this Determination commences on 27 July 2017.

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

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Sections 1 and 2 of Schedule 1 substitute Annex 15.2.A and Annex 15.2A.A of the Principal Determination. The new tables change post indexes at a range of posting locations. The changes are due to recent exchange rate movements. The following summarises the changes.

· The published post index rate increased for Turkey. However, as the indexes were below 100 the last time the index changed and have remained below 100, there is no effect to the benefits paid to members in this location.

· The published post index rate decreased for Brunei, India, Malaysia, Myanmar, Pakistan, Philippines, Sri Lanka and Vietnam. However, as the indexes were below 100 the last time the index changed and have remained below 100, there is no effect to the benefits paid to members in this location.

· The applied and published post index rates increased for: Canada (British Columbia), Canada (Ontario), Canada (Other), New Zealand (all locations) and Tonga.

· The applied and published post index rates decreased for Belgium, Cambodia, Canada (Quebec), China, Ethiopia, Fiji, France (all locations), Germany, Indonesia, Italy (all locations), Japan, Jordan, Kiribati, Korea, Kuwait, Marshall Islands, Micronesia, Netherlands, Palau, Papua New Guinea, Samoa, Saudi Arabia, Singapore, Solomon Islands, Spain (all locations), Thailand, Timor-Leste, United Arab Emirates, UK (all locations), USA (all locations) and Vanuatu.

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

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.

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 2017/22, Post indexes – 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

The purpose of this Determination is 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.

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.

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