EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment (Air Mission Travel) Determination (No. 17) 2025
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 specify the class of travel on commercial flights for crew and mission related personnel when they are undertaking overseas travel as a part of an Air Force air mission. The amendment may apply, for example, when the crew are required to travel on a commercial flight in advance of the air mission, or after having completed an Air Force flight that is a part of an air mission. This amendment will ensure consistency with the class of travel provided to other member’s on short-term duty overseas travelling for comparable purposes.
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 Air Force.
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 (Air Mission Travel) Determination (No. 17) 2025
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 the day that it is registered
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—Air mission travel amendments
Item 1 inserts a new section after section 13.2.5B of the Principal Determination. The new section specifies the class of air travel for crew and mission related personnel who are required to travel for the purpose of an air mission. The section provides crew and mission related personnel with economy class travel with travelling for the purpose of an air mission. For crew and mission related personnel who are pregnant, they will be eligible for business class travel under the existing section 13.2.5. Business class travel may be available to crew and mission related personnel in limited circumstances, as the discretion of the decision maker.
The rule displaces the more generic rule in section 13.2.6, which generally applies to travel for short-term duty overseas.
Schedule 2—Transitional matters relating to Defence Determination, Conditions of service Amendment (Air Mission Travel) Determination (No. 17) 2025
Item 1 inserts a new section in Chapter 1 Part 2, which contains savings provisions. The new savings provisions enable a member who had booked business class travel before the commencement of this Determination to remain eligible to travel in business class. The savings provisions do not apply to travel that had been approved but not yet booked.
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Annex B
Defence Determination, Conditions of service Amendment (Air Mission Travel) Determination (No. 17) 2025
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 specify the class of travel on commercial flights for crew and mission related personnel when they are undertaking overseas travel as a part of an Air Force air mission. The amendment may apply, for example, when the crew are required to travel on a commercial flight in advance of the air mission, or after having completed an Air Force flight that is a part of an air mission. This amendment will ensure consistency with the class of travel provided to other member’s on short-term duty overseas travelling for comparable purposes.
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
This Determination is compatible with human rights in that it provides economy class travel to members of the ADF undertaking travel for an Air Force air mission as a condition of their service. The Determination is a reduction on the class of travel; however provides a discretion for members to fly business class is certain circumstances. Despite this, members remain eligible for work related travel at no expense and are able to travel in a higher class when required by the circumstances.
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.