Defence Determination 2015/41, Travel to and from
overseas posting location – amendment
I, JOHN WILLIAM GEERING, Director General People Policy and Employment Conditions, make this
Determination under section 58B of the Defence Act 1903.
Dated 15 October 2015
J W GEERING
Director General
People Policy and Employment Conditions
Defence People Group
Ref130
1
Citation
1.
This Determination is Defence Determination 2015/41, Travel to and from overseas posting
location – amendment.
2.
This Determination may also be cited as Defence Determination 2015/41.
2
Commencement
This Determination commences on the date of signature.
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Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
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Clause 14.4.4 (Travel entitlement)
before clause 14.4.4, insert
14.4.4A International best fare
In this Division, international best fare has the meaning given in the Department of
Finance Resource Management Guide No. 405.
Related Information: Resource Management Guide No. 405, Official International Travel Use of the Best Fare of the Day.
Note: International best fare takes into account matters such as cost, practicality and value
for money.
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Clause 14.4.4 (Travel entitlement)
substitute
14.4.4
1.
Travel entitlement
The Commonwealth will pay the cost of members' and dependants' travel to and from the
posting location in these situations.
a.
To begin the posting.
b.
At the end of the posting period, to travel back to Australia, or to the next posting
location.
c.
On evacuation of the member.
See: Chapter 14 Part 6, Evacuations
d.
On termination of the posting by the CDF.
e.
On termination of the posting by the member.
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2.
The Director Integrated Travel Solutions must approve the routes that may attract travel
assistance. Before making the decision they must consider the whole-of-AustralianGovernment international best fare policy.
Note: The list of approved routes is on the Internet at www.defence.gov.au/dpe/pac.
3.
Travel assistance may only be paid for a route that the CDF is satisfied meets both of the
following conditions.
a.
It is a route approved under subclause 2.
Note: Package holidays are not approved under subclause 2, and are not available.
b.
It is the international best fare.
See: Clause 14.4.4A, International best fare
Exception: Clause 14.4.7, Alternative travel modes and routes.
4.
This subclause applies if a new dependant joins a member's household. At the end of the
posting period, the Commonwealth will provide the fare to Australia for any dependants of
the member.
See also: Division 4, Dependants not travelling with the member
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Clause 14.4.7 (Alternative travel modes and routes)
substitute
14.4.7
1.
Alternative travel modes and routes
The Director Integrated Travel Solutions may approve travel by a route that was not
approved under clause 14.4.4. Approval may only be given before the member or
dependant has made a booking.
Exception: Approval will not be given for holiday packages.
2.
Only the following costs can be paid for travel approved under subclause 1.
a.
Airfares at the class provided for under clause 14.4.6.
See: Clause 14.4.6, Class of air travel for long-term posting
b.
Any surface travel.
See: Chapter 9 Part 6, Vehicle allowance
c.
Costs for any rest period.
See: Division 3, Rest periods.
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3.
The value of airfares and surface travel costs paid under subclause 2 must not be more
than the airfare component of the travel that would otherwise be provided under clause
14.4.4 and clause 14.4.5.
Example: A member's business-class airfare costs under clause 14.4.4 would have been
$10,000. The member is given approval to travel by an alternative route. The alternative
airfare cost is $15,000. The member must pay the extra $5,000, and must travel by the
business-class equivalent.
4.
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If the route approved under this clause is cheaper than the route approved under clause
14.4.4 the member is not entitled to the difference.
Transitional
1.
This clause applies in relation to a member if the CDF approved the member's application
for travel under clause 14.4.7 before this Determination commenced.
2.
The travel cost assistance is payable for the journey as if this Determination had not
commenced.
NOTE
1.
Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2015/1 and amendments made by Defence Determinations
2015/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39 and 40.
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EXPLANATORY STATEMENT
Defence Determination 2015/41
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.
Chapter 14 of the Principal Determination sets out provisions dealing with travel for relocating to or from a
long-term overseas posting location for members of the Australian Defence Force (ADF) and Australian
Public Service (APS) employees.
The purpose of this Determination is to provide routes for travel to and from overseas posting locations. It
introduces a concept of approved routes, and places new limits on arrangements for members to travel
by alternative routes. It ensures official travel meets the needs of the traveller and maximises overall
value for money for Defence for the total cost of the trip. It also corrects a cross reference to storage
arrangements for members posted overseas.
The Commonwealth continues to cover the cost for a member and their family to fly to their overseas
posting location. This includes paid rest periods, to ensure safe and healthy travel for the member and
their family.
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 introduces a new clause, clause 14.4.4A, into the Principal Determination. It defines the term
international best fare. It has the meaning given in the whole-of-Government overseas travel policy
managed by the Department of Finance.
Clause 5 substitutes clause 14.4.4 of the Principal Determination. The clause sets out travel entitlements
for members and dependants travelling to and from an overseas posting. The revised clause provides
that the route used is one selected that provides the international best fare, from a large list of possible
routes.
Clause 6 substitutes clause 14.4.7 of the Principal Determination. The revised clause provides that an
alternative route may be approved, but that the alternative route is subject to a number of restrictions.
Members are responsible for any additional costs involved.
Clause 7 is a transitional arrangement that preserves any benefits that were approved prior to the
commencement of this Determination.
Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this
Determination. Adverse decisions may be investigated by the Defence Force Ombudsman. If the
complaint does not relate to a benefit payable to the member or their dependant, it may be made to the
Commonwealth 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 2015/41, Travel to and from overseas posting location – 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 provide routes for travel to and from overseas posting locations. It
introduces a concept of approved routes, and places new limits on arrangements for members to travel
by alternative routes. It ensures official travel meets the needs of the traveller and maximises overall
value for money for Defence for the total cost of the trip. It also corrects a cross reference to storage
arrangements for members posted overseas.
Human rights implications
This Determination engages article 7 of the International Covenant on Economic, Social and Cultural
Rights, which guarantees just and favourable conditions of work, including remuneration, safe and
healthy conditions, equal opportunity and reasonable limitations.
Legitimate objective: Defence has interests across Australia and overseas, and travel by members is
necessary to achieve Defence goals. Travel benefits ensure that members who travel on Defence
business are transported, accommodated and fed in a way that meets their needs, and assists in meeting
the goal of the travel. The underlying principle is that members should be able to meet reasonable travel
costs on the basis that they should neither gain nor lose financially when required to travel on official
business.
Reasonable, necessary and proportionate: The Determination does not limit the member's rights to rest,
leisure and reasonable limitation of working hours and periodic holidays with pay. The Commonwealth
continues to cover the cost for a member and their family to fly to their overseas posting location, which
includes paid rest periods to ensure safe and healthy travel for the member and their family. The member
is free to continue to apply for paid leave before and after their posting period, and may seek approval to
vary their journey. A member who does vary their journey for their own convenience continues to be
responsible for the additional costs that are involved.
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.
John William Geering, Director General People Policy and Employment Conditions