Defence Determination, Conditions of service Amendment (Additional Recreation Leave) Determination (No. 10) 2026

Administered by Department of Defence

Legislation au F2026L00805 In force Legislative Instrument

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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

 

Authority:

Section 58B of the
Defence Act 1903

 

 

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.

 

Overview

The Defence Determination, Conditions of service Amendment (Additional recreation leave) Determination (No. 10) 2026 is an amendment made under section 58B of the Defence Act 1903, and it was introduced to address an error in the formula for the rate of accrual of additional recreation leave provided in association with eligibility for an allowance. This amendment rectifies the miscalculation of the daily rate of accrual, which had been using a fortnightly rate formula rather than a daily rate formula, resulting in members accruing additional recreation leave much faster than intended. The determination was made by the Director General, People Policy and Employment Conditions, and it is subject to the scrutiny and disallowance provisions under the Legislation Act 2003 and the Acts Interpretation Act 1901. It is also exempt from sunsetting, providing certainty for members of the Australian Defence Force and their families. This amendment ensures that members who have already accrued additional recreation leave under the incorrect formula will continue to do so under that formula, while future accruals will follow the corrected daily rate formula. The amendment is compatible with human rights as it maintains the provision of up to 10 days of additional recreation leave credits for members receiving a Military Factor Allowance, albeit at a slower accrual rate. The determination underwent consultation with the People Systems & Payroll Services Branch and is subject to review options under the ADF redress of grievance system.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Additional Recreation Leave) Determination (No. 10) 2026 amends Defence Determination 2016/19, which sets out the conditions of service for members of the Australian Defence Force (ADF). This Determination is applicable to all members of the ADF, including regular and reserve forces, and their families, ensuring they receive benefits that reflect the unique nature of military service. The Determination is made under section 58B of the Defence Act 1903, with its authority deriving from the Legislation Act 2003. The amendment specifically addresses the rate of accrual for additional recreation leave provided in association with eligibility for a Military Factor Allowance under Defence Force Remuneration Tribunal Determination No. 6 of 2024. This amendment corrects the current formulae that inadvertently results in members accruing additional recreation leave at a faster rate than intended. The amendment ensures that members accrue additional recreation leave at a daily rate, rather than a fortnightly rate, thereby aligning with the intended accrual rate. This Determination is exempt from sunsetting provisions and is subject to regular review and amendment.

Key Provisions

The Defence Determination, Conditions of service Amendment (Additional recreation leave) Determination (No. 10) 2026 primarily serves to correct the formulae used for calculating the daily rate of accrual of additional recreation leave for members of the Australian Defence Force (ADF) who are eligible for a Military Factor Allowance under Defence Force Remuneration Tribunal Determination No. 6 of 2024 (Section 1, Schedule 1). The principal change involves adjusting the formula to ensure that additional recreation leave is accrued daily rather than over a fortnight, thereby correcting an oversight in the existing provisions. This is achieved through the insertion of a new section (Section 5.4.9.1) and amendments to paragraphs 5.4.10.2.a i and ii (Schedule 1, Items 2 and 3). Under this Determination, ADF members who previously accrued additional recreation leave at a rate faster than intended due to the incorrect formula will have their leave accrual rates adjusted in accordance with the new provisions. The new section ensures that these leave credits are credited to the member's account on each payday, thereby formalising the accrual process (Schedule 1, Item 1). The obligations imposed on the parties, primarily the ADF and its members, include ensuring compliance with the new accrual formulae and maintaining accurate records of leave credits as they are credited daily. Failure to comply with the new provisions or intentionally disregarding the corrected accrual formulae may result in administrative or procedural penalties. While specific penalties are not detailed in the Determination, breaches of ADF regulations generally may lead to disciplinary action, fines, or other administrative consequences. The maximum penalties would typically be aligned with the severity of the breach and the existing ADF disciplinary framework. The Determination also provides for the redress of grievances and complaints through the ADF's internal grievance system and the Defence Force Ombudsman, ensuring that any issues arising from the implementation of these changes can be addressed appropriately (Annex A).

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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.