EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment (Additional recreation leave) Determination (No. 10) 2026
This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AI 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 AI Act.
The Principal Determination is exempt from sunsetting under item 21A of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. The exemption was granted as the instrument is a large and complex document that is subject to regular review and amendment. The exemption also provides certainty for members, stakeholders and administrators.
This Determination amends the Principal Determination, which provides benefits for members of the Australian Defence Force (ADF) and their families as part of the member’s conditions of service. The Principal Determination provides a range of benefits that recognise the unique nature of military service and the obligations and limitations that military service places on members and their families. Members undertake service in both the domestic and overseas environments, including on deployments. Specific benefits are provided for each environment.
Purpose
The purpose of this Determination is to update the formula for the rate of accrual of additional recreation leave that is provided in association with eligibility for an allowance under Defence Force Remuneration Tribunal Determination No. 6 of 2024. The amendment is being made to correct the formulae that apply to the daily rate. Currently, the formulae used for the calculation of the daily rate are the formulae that would apply to a fortnightly rate. This has resulted in members accruing additional recreation leave much faster than intended.
Members who have accrued additional recreation leave in accordance with the formulae in the Principal Determination, as in force immediately before the commencement of this determination, have accrue additional recreation leave in accordance with the formulae in place at the time.
Operational details
Details of the operation of the Determination are provided at annex A.
Human rights compatibility
The statement of compatibility under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 for this Determination is at annex B.
Review options
Decisions that are made under the Principal Determination, as amended by this Determination, may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation. Also, a person may make a complaint to the Defence Force Ombudsman.
Consultation
Before this Determination was made, the consultation was undertaken with People Systems & Payroll Services Branch.
The rule maker was satisfied that further consultation was not required.
Approved by: | BRIG Kirk Lloyd Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Conditions of service Amendment (Additional recreation leave) Determination (No. 10) 2026
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that the Determination commences on 1 July 2026.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
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.
Schedule 1—Additional recreation leave amendments
Item 1 inserts a new section after section 5.4.9 of the Principal Determination. The new section specifies when additional recreation leave credits accrued under Division 3 of Part 4 of Chapter 5 are credited to the member. This is to occur each payday.
Items 2 and 3 amend paragraph 5.4.10.2.a of the Principal Determination, which provides the formulae for the daily rate of accrual of additional recreation leave provided in connection with a military factor framework allowance. The current formulae provides for the daily rate of accrual using a formula that would apply to the accrual over a fortnight. This is being corrected so that members accrue additional recreation leave at a daily rate. Specifically, the items do the following:
- Item 2 repeals subparagraph i. and substitutes it with a formula that provides a daily rate of accrual.
- Item 3 repeals subparagraph ii. and substitutes it with a formula that provides a daily rate of accrual that is modified by the proportion of hours in the member’s pattern of service for the fortnight, which is specified in their flexible service determination.
Annex B
Defence Determination, Conditions of service Amendment (Additional recreation leave) Determination (No. 10) 2026
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Overview of the Determination
The Purpose of this Determination is to update the formula for the rate of accrual of additional recreation leave accrued in association with eligibility for an allowance under Defence Force Remuneration Tribunal Determination No. 6 of 2024.
Human rights implications
Right to the enjoyment of just and favourable conditions of work
The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 ensures just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.
Assessment of compatibility
Schedule 1 is compatible with human rights as it continues provide members who receive a Military Factor Allowance with up to 10 days of additional recreation leave credits albeit at a slower accrual rate than currently provided in the Principal Determination. This is provided as a part of the member’s conditions of service.
Conclusion
This Determination is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.