Defence Determination 2017/9, Assisted leave travel – amendment

Administered by Department of Defence

Legislation au F2017L00235 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence Determination 2017/9

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.

Chapter 16 of the Principal Determination sets out provisions dealing with overseas hardship location conditions of service for members of the Australian Defence Force (ADF).

The purpose of this Determination is to enable the Commonwealth to directly pay for assisted leave travel rather than only reimburse a member for their travel costs. Assisted leave travel is provided to members living in hardship locations overseas. It allows them to travel to a regional centre to access services and items not available at the hardship location as well as obtain relief from the environment. Formerly the member could only be reimbursed their travel costs.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 of this Determination provides that the Determination commences on 6 April 2017.

Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.

Section 4 specifies that the amendment is made to the Principal Determination, as amended.

Section 5 substitutes subsection 16.4.5 of the Principal Determination, which provides the amount of assisted leave travel available to a member. Assisted leave travel is provided to members living in hardship locations overseas. It allows them to travel to a regional centre to access services and items not available at the hardship location as well as obtain relief from the environment. Formerly the member could only be reimbursed their travel costs. This created a financial burden for some members who had to produce as much as $20,000 up front. Section 5 provides that the travel costs may also be directly paid by the Commonwealth.

Section 6 repeals subsection 16.4.12.4 of the Principal Determination, which provided that if written proof of travel is not provided for assisted leave travel that the Commonwealth paid for in advance, the member must repay the full amount. Section 16.4.12 has provision relating to proof of travel and the provision for repayment is not suited to the section. Section 7 of this Determination places the repayment provision in its own section.

Section 7 inserts section 16.4.12A into the Principal Determination. It provides that a member must repay the full amount of assisted leave travel to the Commonwealth in the following circumstances:

  • The travel does not occur. To satisfy the Public Governance, Performance and Accountability Act 2013 a debt recovery provision is necessary consequential upon Section 5 of this Determination, which provides that the Commonwealth can directly pay for the member's assisted leave travel in advance of the travel.
  • The proof of travel required under section 16.4.12 of the Principal Determination is not provided. This provision was repealed from section 16.4.12 consequential upon section 6 of this Determination.


Consultation

Navy, Army, Air Force and Defence International Policy Division were consulted in the preparation of this Determination. The rulemaker was satisfied that external consultation was not required. The instrument makes a minor adjustment to the level of assistance provided to members of the Australian Defence Force.

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 2017/9, Assisted leave travel – 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 enable the Commonwealth to directly pay for assisted leave travel rather than only reimburse a member for their travel costs. Assisted leave travel is provided to members living in hardship locations overseas. It allows them to travel to a regional centre to access services and items not available at the hardship location as well as obtain relief from the environment. Formerly the member could only be reimbursed their travel costs.

Human rights implications

Right to an adequate standard of living

The protection of a person's right to an adequate standard of living engages Article 1 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

This Determination does not limit the right to an adequate standard of living. It provides additional benefit to members who are required to perform their duties at an overseas posting location.

ADF members who are posted to some overseas locations may experience adverse living conditions during service. This could cause significant adverse effect on the lifestyle or welfare of members and their dependants, as a result of the living conditions at the posting location, as compared with those in Australia. Those hardship conditions can include but are not limited to climate, health care facilities, infrastructure and isolation. Hardship may be addressed by ensuring dependants are not sent to particularly difficult locations.

Defence assists a member posted to hardship locations to travel to obtain a break from the environment or to access adequate health and shopping. In the past this assistance could only be reimbursed to the member. This Determination enables the Commonwealth to directly pay the travel costs on behalf of the member.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions

 

 

Overview

The Defence Determination 2017/9 was enacted to address the financial burden placed on members of the Australian Defence Force (ADF) who were required to travel from hardship locations overseas to access essential services and items not available at their posting location. The Defence Act 1903 empowers the Commonwealth to make determinations concerning the conditions of service for ADF members, and this Determination amends Defence Determination 2016/19 to allow the Commonwealth to directly pay for assisted leave travel rather than solely reimbursing the members for their travel costs. The policy objective of this Determination is to alleviate the financial strain on ADF members by enabling the Commonwealth to directly cover the travel expenses for those living in hardship locations overseas. By doing so, it aims to enhance the members' ability to access necessary services and items and obtain relief from the adverse conditions at their posting location. This legislative change was introduced to ensure ADF members can better manage their welfare and lifestyle while serving in challenging overseas environments.

Scope and Application

Defence Determination 2017/9 amends Defence Determination 2016/19, made under section 58B of the Defence Act 1903, and modifies the conditions of service for Australian Defence Force (ADF) members posted overseas. Specifically, it alters the conditions pertaining to assisted leave travel for members living in hardship locations overseas. The amendment allows the Commonwealth to directly pay for the travel costs associated with such leave, rather than merely reimbursing the members after the fact. This change aims to alleviate the financial burden on ADF members who previously had to pay up to $20,000 upfront for their travel expenses. The amendment also introduces a debt recovery provision to ensure that members repay the Commonwealth if the travel does not occur or if proof of travel is not provided, thus maintaining the integrity of the financial assistance provided. The Determination is applicable to all ADF members posted to hardship locations overseas and is subject to the interpretation principles in the Acts Interpretation Act 1901, as modified by section 58B of the Defence Act.

Key Provisions

The Defence Determination 2017/9 primarily serves to amend the Defence Determination 2016/19, specifically focusing on the conditions of service for members of the Australian Defence Force (ADF) posted in overseas hardship locations. Section 5 of this Determination allows the Commonwealth to directly pay for the assisted leave travel of ADF members living in hardship locations overseas. Previously, members could only be reimbursed for their travel costs, which often amounted to a substantial upfront payment, sometimes up to $20,000. This change enables the Commonwealth to cover the travel expenses directly, thereby alleviating the financial burden on the members. In fulfilling these changes, the Determination imposes several obligations on the ADF members. Firstly, members are required to ensure that they provide proof of travel if their travel costs are paid in advance by the Commonwealth. This obligation is introduced through the new section 16.4.12A, which stipulates that if the travel does not occur, or if proof of travel is not provided, the member must repay the full amount of the assisted leave travel to the Commonwealth. This repayment obligation is designed to ensure accountability and proper use of the Commonwealth’s resources. The Determination also outlines specific consequences for non-compliance with these obligations. If a member fails to provide proof of travel or if the travel does not occur, they are required to repay the full amount of the assisted leave travel to the Commonwealth. This is a significant change from the previous system, where the member was only reimbursed for their travel costs. The new debt recovery provision ensures that the Commonwealth’s financial outlay is safeguarded, and it holds the members accountable for the benefits they receive. Non-compliance with the repayment requirement may lead to further actions by the Commonwealth to recover the debt, although the specific penalties or consequences are not detailed within this Determination.

Legal classification tags

Area of Law
Defence & Security Law
Instrument
Determination
Concepts
Definitions & Interpretation
Repeal & Amendment
Offence Provisions
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.