Defence Determination 2014/4, Posting location and
rent contribution – 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 13 January 2014
C S CHAMLEY
Acting Director General
People Policy and Employment Conditions
Defence People Group
Ref717
1
2
Citation
1.
This Determination is Defence Determination 2014/4, Posting location and rent contribution
– amendment.
2.
This Determination may also be cited as Defence Determination 2014/4.
Commencement
This Determination commences on the date of signature.
3
Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
4
Subparagraph 1.3.52.1.a.ii (Posting location – within Australia)
substitute
ii.
30 km each way on the most direct route by public road.
Notes:
1. This may not necessarily be the quickest route to travel.
2. This subparagraph displaces the general principle in section 35 of the Acts
Interpretation Act 1901.
5
Subclause 7.6.17.1 (Contribution for rented home), note
omit
rent contribution and their rent ceiling.
insert
rent contribution and their rent (see subclause 7.6.19.1 for the meaning of rent).
6
Subclause 7.6.17.1 (Contribution for rented home), note (see)
substitute
See:
Division 4 clause 7.6.19, Working out rent allowance
Annex 7.D, Example of how rent allowance works
2
7
Clause 10.0.2 (Contents)
omit
Aide-de-camp allowance
insert
Aide-de-camp and ADF advisor allowance
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 and 3.
3
EXPLANATORY STATEMENT
Defence Determination 2014/4
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 the Principal Determination.

Chapter 1, which sets out provisions dealing with definitions and interpretation of concepts
relevant to pay and conditions for members of the Australian Defence Force (ADF).

Chapter 7, which sets out provisions dealing with ADF housing and meals.

Chapter 10, which sets out provisions dealing with ADF clothing and personal effects.
This Determination has three purposes.

To clarify that a posting location is defined by the most direct public road between a member's
normal place of duty and normal place of residence.

To make minor amendments to a note and a cross reference relating to rent for a home.

To update a title change to a Part in a list of contents.
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 date of signature
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 substitutes subparagraph 1.3.52.1.a.ii of the Principal Determination, which sets a maximum
distance a member's usual residence can be located from their normal place of duty, in order to be
classed as being within their posting location. The subparagraph used to provide that their usual
residence must be no more than 30 km via public road to their normal place of duty. Clause 4 clarifies
that this must be the most direct route by distance.
Clauses 5 and 6 amend subclause 7.6.17.1 of the Principal Determination. Clause 5 amends the note to
clarify that the rent allowance payable by the Commonwealth is the difference between the member's rent
contribution and the rent of the residence. This change includes a reference to subclause 7.6.19.1 which
provides a definition for 'rent' which is the lower of either the rent ceiling or the weekly rent of the property.
Clause 6 inserts a new cross reference to clause 7.6.19.
Clause 7 amends clause 10.0.2 of the Principal Determination, which lists the contents of Chapter 10.
Defence Determination 2013/61, Aide-de-camp allowance – amendment amended the title of Chapter 10
Part 3, however, the change in title was not made to the contents list. Clause 7 of this Determination
makes that change.
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 2014/4, Posting location and rent contribution – 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 amends the definition of a posting location area within Australia, clarifies the
Commonwealth's contribution towards a member's rental housing and makes a minor technical
amendment.
Human rights implications
Posting location
Just and favourable conditions of work
The definition of 'posting location' in the Principal Determination engages Article 7 of the International
Covenant on Economic, Social and Cultural Rights. Article 7 recognises the right of everyone to just and
favourable conditions of work.
Legitimate objective: Because it is ADF practice to post members regularly between ADF locations,
housing is a significant component of the ADF conditions of service package. The definition of posting
location is a concept used in the allocation of housing. It sets a boundary within which members must
usually live, either through the allocation of Commonwealth housing or through other options, such as
commercially rented accommodation or the member's own home. The posting location definition is also
used in other contexts, such as travel.
Reasonable, necessary and proportionate: Setting a clear boundary to the posting location has benefits
for the member and the Commonwealth. The 30 kilometre radius can allow the member a range of
accommodation options and ensures housing is not too far from work. It is a Defence capability benefit to
have members who do not have excessive distances to commute to work. It is also easier for the
member. A clear boundary also helps both the member and Defence identify if there is a need to provide
housing if a member already owns a home in the posting location and so does not need further housing
assistance.
This Determination clarifies that the 30 kilometres is measured by the most direct route.
Rent contributions
Right to an adequate standard of living.
Rent contributions engage Article 7 of the International Covenant on Economic, Social and Cultural
Rights. Article 7 recognises the right of everyone to just and favourable conditions of work.
Members are eligible to receive allowances which assist with the cost of accommodation at their posting
location. Members are required to make contributions towards their subsidised accommodation, meals
and utilities. The subsidy the Commonwealth provides is approximately 50% of the cost of these items.
An internal Defence review of policy relating to Commonwealth housing rent contributions identified a
misleading note. This Determination corrects the note to assist people to better understand and apply rent
allowance benefits.
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.
Christon Scott Chamley, Acting Director General People Policy and Employment Conditions