<p>Defence Determination 2017/40, Deployment allowance - amendment</p><p>I, PHILLIP JOHN HOGLIN, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.</p><p>Dated 14 December 2017</p><p>P J HOGLIN Acting Assistant Secretary People Policy and Employment Conditions Defence People Group</p><p>Ref17-83</p><p>Contents 1 Name This instrument is Defence Determination 2017/40, Deployment allowance – amendment.</p><p>2 Commencement This instrument commences on the day after signature.</p><p>3 Authority This instrument is made under section 58B of the Defence Act 1903</p><p>4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.</p><p>2 Schedule 1—Deployment allowance – amendment Defence Determination 2016/19, Conditions of service</p><p>1 Subsection 17.7.6.1 (Rate of allowance) table Omit the table, substitute:</p><p>Item Operation Specified area Daily rate of allowance AUD 1. ACCORDION Bahrain, Qatar and United Arab 87.15 Emirates 2. ASLAN South Sudan 159.98 3. AUGURY Afghanistan 159.98 Jordan 87.15 United Arab Emirates 4. HIGHROAD Afghanistan 159.98 5. LITTEN Libyan territorial waters 135.92 6. MANITOU The seas and superjacent airspace of: 87.15 a. the Arabian Sea; b. the Gulf of Aden; c. the Gulf of Aqaba; d. the Gulf of Oman; e. the Gulf of Suez; f. the Persian Gulf; g. the Red Sea; and h. the Indian Ocean north of Latitude 15 degrees South and west of Longitude 70 degrees East. This includes the ports adjacent and the area within a 10 kilometre radius of each port. 7. MAZURKA Egypt between the east bank of the 135.92 Suez Canal and the international boundary between Egypt and Israel established by the peace treaty between Egypt and Israel signed in Washington on 26 March 1979, and an adjoining area extending 5km into Israel.</p><p>5 Item Operation Specified area Daily rate of allowance AUD 8. OKRA Iraq and Syria 159.98 Any of the following. 87.15 a. Albania; b. the Kingdom of Bahrain; c. Bosnia and Herzegovina; d. Bulgaria; e. Croatia; f. Cyprus; g. Czech Republic; h. Estonia; i. Hungary; j. the Hashemite Kingdom of Jordan; k. Kuwait; l. Montenegro; m. the Persian Gulf; n. Poland; o. the State of Qatar; p. Romania; q. the United Arab Emirates; and r. the land territory of Turkey east of longitude 35° East. 9. PALADIN Egypt, Israel, Jordan and Lebanon 87.15 Syria 159.98 10. Any other Not applicable. A rate approved by the operation in Minister for Defence that accordance with is between 50.37 and subsection 239.97. 17.7.5.2</p><p>6 Schedule 2—Transitional provisions Defence Determination 2016/19, Conditions of service</p><p>1 Rate of allowance – Operation AUGURY 1. This section applies to a member deployed on Operation AUGURY who was performing duty in the specified area under table item 3 of section 1 in Schedule 1 of this Determination between 28 April 2016 and the commencement of this Determination.</p><p>2. A member is eligible for payment of deployment allowance for each day of duty in the specified area of Afghanistan between 28 April 2016 and the commencement of this Determination that is the difference between the following amounts.</p><p> a. The relevant rate in the following table.</p><p> b. Less the amount of deployment allowance that the member received for the same period of duty in the area specified immediately prior to the commencement of this Determination.</p><p>Item From... to... the daily rate is... 1. 28 April 2016 2 November 2016 AUD 153.77 2. 3 November 2016 1 November 2017 AUD 156.84 3. 2 November 2017 the commencement of this AUD 159.98 Determination</p><p>3. A member is eligible for payment of deployment allowance at the relevant rate for the dates specified in the following table for each day of duty the member meets both of the following conditions.</p><p> a. The member performed duty in the United Arab Emirates on Operation AUGURY between 28 April 2016 and the commencement of this Determination.</p><p> b. The member did not receive deployment allowance for duty performed in the United Arab Emirates prior to the commencement of this Determination.</p><p>Item From... to... the daily rate is... 1. 28 April 2016 2 November 2016 AUD 83.77 2. 3 November 2016 1 November 2017 AUD 85.44 3. 2 November 2017 the commencement of this AUD 87.15 Determination</p><p>2 Rate of allowance – Operation LITTEN 1. This section applies to a member deployed on Operation LITTEN who was performing duty in the specified area in table item 5 of section 1 in Schedule 1 of this Determination on any day in the following periods. </p><p> a. Between 31 August 2016 and 21 October 2016.</p><p> b. Between 4 November 2016 and the commencement of this Determination.</p><p>2. A member is eligible for payment of deployment allowance at the rate specified in the following table for each day of duty performed in the Libyan territorial waters for Operation </p><p>7 LITTEN between 28 April 2016 and the commencement of this Determination.</p><p>Item From... to... the daily rate is... 1. 31 August 2016 21 October 2016 AUD 130.64 2. 4 November 2016 1 November 2017 AUD 133.26 3. 2 November 2017 the commencement of this AUD 135.92 Determination</p><p>8 3 Rate of allowance – Operation MANITOU 1. This section applies to a member deployed on Operation MANITOU who meets both the following conditions.</p><p> a. The member performed duty in the specified area in table item 6 of section 1 in Schedule 1 of this Determination at any time between 14 November 2016 and the commencement of this Determination.</p><p> b. The member did not receive deployment allowance for duty performed in the area specified immediately prior to the commencement of this Determination.</p><p>2. The member is eligible for payment of deployment allowance at the rate specified in the following table for each day of duty the member met the conditions set out in subsection 1.</p><p>Item From... to... the daily rate is... 1. 14 November 2016 1 November 2017 AUD 85.44 2. 2 November 2017 the commencement of this AUD 87.15 Determination</p><p>9 chedule: EXPLANATORY STATEMENT Defence Determination 2017/40</p><p>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. </p><p>This Determination amends Chapter 17 of the Principal Determination, which sets out provisions dealing with warlike and non-warlike deployments for members of the Australian Defence Force.</p><p>This Determination has the following purposes:</p><p> To expand the area of operation for Operation AUGURY to include Afghanistan and the United Arab Emirates. </p><p> To include Operation LITTEN as a new operation for the payment of deployment allowance.</p><p> To expand the area of operation for Operation MANITOU.</p><p> To provide transitional provisions for the payment of deployment allowance for members deployed on the three above operations.</p><p>Section 1 of this Determination sets out the manner in which this Determination may be cited.</p><p>Section 2 is the commencement provision for the Determination and it provides that the Determination commences on the day after signature.</p><p>Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.</p><p>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.</p><p>Schedule 1 amends Defence Determination 2016/19, Conditions of service</p><p>Section 1 substitutes the table under subsection 17.7.6.1 of the Principal Determination to make the following changes.</p><p> Table item 3 has been amended to add the specified areas of Afghanistan and the United Arab Emirates to Operation AUGURY. </p><p> A new deployment and specified area has been added at table item 5. Operation LITTEN is the third country deployment to the United Kingdom's contribution to maritime operations in the southern and central Mediterranean Sea. Eligible members are to be paid deployment allowance for each day they perform duty in the specified area.</p><p> Table item 6 has been amended to expand the operational area of Operation Manitou and the specified area of the Indian Ocean north of latitude 15 degrees South and west of Longitude 68 degrees East, to 70 degrees East. Schedule 2 provides transitional provisions for the changes made by schedule 1 of this Determination</p><p>Section 1 provides a transitional payment for members who were deployed on Operation AUGURY between 28 April 2016 and the commencement of this Determination. Eligible members are to be paid deployment allowance for each day they performed duty in the new specified areas of Afghanistan or the United Arab Emirates for any day that that they did not receive deployment allowance in the previous specified area. For a member who has already been paid deployment allowance for the specified area, the member will be paid deployment allowance for each day of duty in the new specified areas of Afghanistan or the United Arab Emirates less any amounts already received.</p><p>Section 2 provides a transitional payment for members who were deployed and performing duty on Operation LITTEN between 31 August 2016 and 21 October 2016 and between 4 November 2016 and the commencement of this Determination. Eligible members are to be paid deployment allowance for each day they performed duty in the specified area. </p><p>Section 3 provides a transitional payment for members who were deployed on Operation MANITOU between 14 November 2016 and the commencement of this Determination. The transitional provides that members who were deployed on Operation MANITOU in the extended specified area will receive deployment allowance for any day that they did not receive deployment allowance in the previous specified operational area.</p><p>Consultation</p><p>Headquarters Joint Operations Command and the Chief Finance Officer Group within the Department of Defence were consulted in the development of this amendment and the rates and areas have been approved by the Minister for Defence Personnel. The changes have been agreed and funding assurance provided. No other consultation was considered necessary as these amendments are routine in nature.</p><p>Authority: Section 58B of the Defence Act 1903 Statement of Compatibility with Human Rights</p><p>Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011</p><p>Defence Determination 2017/40, Deployment allowance – amendment</p><p>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.</p><p>This Determination has the following purposes:</p><p> To expand the area of operation for Operation AUGURY to include Afghanistan and the United Arab Emirates. </p><p> To include Operation LITTEN as a new operation for the payment of deployment allowance.</p><p> To expand the area of operation for Operation MANITOU.</p><p> To provide transitional provisions for the payment of deployment allowance for members deployed on the three above operations.</p><p>Human rights implications</p><p>Right to the enjoyment of just and favourable conditions of work</p><p>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.</p><p>Legitimate objective: Defence members may be required to perform duty in overseas locations which are areas of military conflict. Defence members who are deployed to some overseas locations will experience adverse conditions during service. These members are compensated for conditions that can include but are not limited to hazard, stress, climate, health care facilities, infrastructure and isolation.</p><p>Reasonable, necessary and proportionate: Defence requires its members to perform duty in these locations and therefore provides additional benefits, beyond the normal overseas conditions of service. Deployment allowance helps financially to compensate members for the conditions they encounter while on deployment.</p><p>This Determination provides transitional provisions for members who were deployed on Operation AUGURY, Operation LITTEN and Operation MANITOU during the dates specified in the transitional provisions. Eligible members are to be paid deployment allowance at the relevant rate for each day they performed duty in the operational area for their deployment.</p><p>Conclusion</p><p>This Determination is compatible with human rights because it advances the protection of human rights.</p><p>Phillip John Hoglin, Acting Assistant Secretary People Policy and Employment Conditions</p>