Defence Determination 2015/8, Post indexes amendment-New matters [2015] AUSStaCSDLM 53 (25 March 2015)

• Defence Determination 2015/8, Post indexes amendment

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Defence Determination 2015/8, Post indexes amendment

Purpose	Implements revised post indexes for ADF members at overseas posting locations; and adds Sri Lanka to the list of overseas locations with post indexes
Last day to disallow	16 June 2015
Authorising legislation	Defence Act 1903
Department	Defence

Issue:

Retrospectivity

The instrument was made on 2 March 2015. Section 5.1 of the instrument provides that the amendments made by the instrument are back-dated to 10 January 2015. This means the instrument has a retrospective operation. While the ES indicates the retrospective operation of the amendment is beneficial to members (entitling a member who was on a long-term posting to Sri Lanka on or after 10 January 2015 to the same overseas benefits that they would be entitled to after the commencement of the instrument), the ES does not expressly address the prohibition in subsection 12(2) of the Legislative Instruments Act 2003 against retrospectivity that is disadvantageous to the rights of persons other than the Commonwealth. The committee's usual expectation is that this matter would be specifically addressed in the ES. Noting both the apparently beneficial effect of the retrospective provisions and the generally high drafting standard of Defence instruments, the committee therefore draws this matter to the minister's attention.