Defence Determination 2013/10, Contribution for living-in accommodation – amendment

I, BRIAN GARY PAULE, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 14 February2013
BRIAN PAULE
Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1
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Citation
1. / This Determination is Defence Determination 2013/10, Contribution for living-in accommodation – amendment.
2. / This Determination may also be cited as Defence Determination 2013/10.
2
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Commencement
This Determination commences on14 March 2013.
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Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.
4
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Subclause 7.3.29.2 (Higher contribution for single bedroom apartments – Homebush and North Strathfield)
omit
$238.55
insert
$245.75
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Clause 7.3.29 (Higher contribution for single bedroom apartments – Homebush and North Strathfield)
after clause 7.3.29, insert
7.3.29AContribution for interim accommodation – Townsville
1. / For the purpose of this clause, interim accommodation means apartments in Townsville which have been leased by Defence. Interim accommodation is taken to be living-in accommodation.
2. / This clause applies to a member who lives in interim accommodation during the construction of new living-in accommodation at Lavarack Barracks.
3. / The member is to make a contribution for the accommodation at the Level 5 rate relevant to their rank.
See: Clause 7.3.24, Contribution for living-in accommodation
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Annex 7.3.B (Rates of contribution for living-in accommodation)
substitute the Annex in the Schedule
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note to Defence Determination 2013/1 and amendments made by Defence Determinations 2013/1, 2, 3, 5, 6, 7, 8 and 9.

1

SCHEDULE
Annex 7.3.B: Rates of contribution for living-in accommodation
Item / If the member's
rank is… / and they are sharing with… / then their contribution to living-in accommodation each fortnight is ($)…
Level 1 / Level 2 / Level 3 / Level 4 / Level 5
1. / Major or higher / 108.92 / 122.31 / 170.45 / 187.62 / 245.75
2. / Captain or lower officer rank (other than trainee) / no-one / 108.92 / 122.31 / 170.45 / 187.62 / 204.80
one other person / 54.46 / 61.15 / 85.23 / 93.81 / 102.40
two other people / 36.30 / 40.77 / 56.82 / 62.54 / 68.27
three other people / 27.23 / 30.58 / 42.61 / 46.91 / 51.20
four or more other people / nil
3. / Sergeant or higher non-commissioned rank, Warrant Officer / no-one / 96.92 / 109.45 / 154.12 / 179.46 / 204.80
one other person / 48.46 / 54.72 / 77.06 / 89.73 / 102.40
two other people / 32.31 / 36.48 / 51.38 / 59.82 / 68.27
three other people / 24.23 / 27.36 / 38.53 / 44.87 / 51.20
four or more other people / nil
4. / Corporal or lower / no-one / 85.64 / 91.79 / 139.74 / 167.46 / 195.18
one other person / 42.82 / 45.90 / 69.87 / 84.28 / 97.59
two other people / 28.55 / 30.60 / 46.58 / 55.82 / 65.06
three other people / 21.41 / 22.95 / 34.93 / 41.87 / 48.80
four or more other people / nil
Item / If the member's
rank is… / and they are sharing with… / then their contribution to living-in accommodation each fortnight is ($)…
Level 1 / Level 2 / Level 3 / Level 4 / Level 5
5. / Trainee
Exception:Normal entry recruit during basic recruit training / no-one / 85.64
one other person / 42.82
two other people / 28.55
three other people / 21.41
four or more other people / nil
6. / Normal entry recruit during basic recruit training / any / nil

EXPLANATORY STATEMENT

Defence Determination 2013/10

This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter7 of the Principal Determination sets out provisions dealing with housing and meals for members of the Australian Defence Force (ADF).

This Determination has the following purposes.

  • To implement the annual review of contribution rates for living-in accommodation to reflect changes in the local rental market.
  • To reinstate provisions for interim accommodation in Townsville.

Note that Defence Determination 2012/52, Living-in accommodation – amendment, commences on the same day as this Determination. To avoid doubt, the amendments in clauses 4, 5 and 6 of this Determination operate on the text as amended by Defence Determination 2012/52.

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 14 March 2013.

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

Clause 4 amends subclause 7.3.29.2 of the Principal Determination. This amendment increases the fortnightly contribution for single bedroom apartments in Homebush and North Strathfield from $238.55 to $245.75. This change reflects an increase of 3.02% which is based on an index provided by the Australian Valuation Office following a survey of equivalent private sector accommodation.

Clause 5 inserts a new clause 7.3.29A into the Principal Determination. This new clause 7.3.29A provides interim accommodation in Townsville during the construction of new living-in accommodation at Lavarack Barracks. Interim accommodation is apartments in Townsville which have been leased by Defence. This clause was provided in clause 7.3.21 of the Principal Determination before 14 March 2013 but was unintentionally omitted by Defence Determination 2012/52, Living-in accommodation – amendment.

Clause 6 substitutes Annex 7.3.B of the Principal Determination. Annex 7.3.B sets out the fortnightly contribution rates for members who live in living-in accommodation. The rates have been amended to reflect an increase of 3.02%which is based on an index provided by the Australian Valuation Office following a survey of equivalent private sector accommodation.

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 2013/10, Contribution for living-in accommodation – 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 implements the annual review of contribution rates for living-in accommodation.

Human rights implications

Right to an adequate standard of living.

The person’s right to an adequate standard of living engages article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 ensures the realisation of this right, recognising to this effect the essential importance of an adequate standard of living, this includes housing.

Legitimate objective:Defence members may be required to live in on a military base to satisfy an operational requirement. This could limit the standard of accommodation available to members.Itcould also cause a member to be separated from their family, or cause the family economic hardshipshould they choose to accompany the member to the posting location.

Reasonable, necessary and proportionate: Living-in accommodation is provided to meet the operational, training and duty of careresponsibilities of Defence.Members are required to make contributions towards their living-in accommodation. The subsidy the Commonwealth provides is 60% for Level 1 and Level 2 accommodation and 50% for Level 3, Level 4 and Level 5 accommodation, these subsidy levels differ to recognise the difference in age and quality of the accommodation. The rates in this Determination have been adjusted to reflect changes in the local rental markets and to ensure that the member's contribution is reasonable and proportionate in relation to their posting location and yearly salary. This also helps maintain the value of the Commonwealth subsidy as a proportion of the costs. The changes in this Determination assist members in maintaining their right to an adequate standard of living by providing members with financial assistance towards the cost of accommodation.

Conclusion

This Determination is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

Brian Gary Paule, Director General People Policy and Employment Conditions