Defence Determination, Conditions of service Amendment (Air Mission Travel) Determination (No. 17) 2025

Administered by Department of Defence

Legislation au F2025L01259 In force Legislative Instrument

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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

 

Authority:

Section 58B of the
Defence Act 1903


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.

 

Overview

The Defence Determination, Conditions of Service Amendment (Air Mission Travel) Determination (No. 17) 2025 was enacted to amend Defence Determination 2016/19, Conditions of Service, under section 58B of the Defence Act 1903. This Determination was introduced to address the need for specifying the class of travel for crew and mission-related personnel when they are undertaking overseas travel as part of an Air Force air mission. This amendment ensures consistency with the class of travel provided to other members on short-term duty overseas travelling for comparable purposes. The enactment body is the Parliament of Australia, which is responsible for establishing this amendment to ensure the appropriate conditions of service for Australian Defence Force (ADF) members. The policy objective of this Determination is to provide a clear and consistent set of travel conditions for ADF members involved in air missions, aligning their travel benefits with those of other members on short-term duty overseas. The Determination specifies that crew and mission-related personnel are eligible for economy class travel, with certain exceptions such as pregnant members who are eligible for business class travel. This amendment provides a balanced approach by offering a reduction in travel class while still allowing for business class travel under specific circumstances, thereby maintaining equitable conditions of work for ADF members.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Air Mission Travel) Determination (No. 17) 2025 amends the Defence Determination 2016/19, which outlines the conditions of service for members of the Australian Defence Force (ADF), including benefits provided to them and their families. This particular amendment focuses on specifying the class of travel for crew and mission-related personnel when they undertake overseas travel as part of an Air Force air mission. It ensures that these members are provided with economy class travel when travelling for the purpose of an air mission, aligning with the travel class provided to other members on short-term duty overseas for comparable purposes. This amendment applies to crew and mission-related personnel of the ADF, ensuring they receive consistent and appropriate travel benefits. The amendment also includes transitional provisions to allow members who had previously booked business class travel to continue their eligibility for business class travel. Geographic or jurisdictional reach of this Determination is national, as it applies to ADF members across Australia. The Determination does not specify any exclusions or exemptions, but it does provide for discretion in certain circumstances where business class travel may be available. This Determination extends the application of the Principal Determination through the subordinate instrument, as detailed in Schedule 1 and Schedule 2.

Key Provisions

The Defence Determination, Conditions of service Amendment (Air Mission Travel) Determination (No. 17) 2025 amends the Defence Determination 2016/19, specifically addressing the travel arrangements for members of the Australian Defence Force (ADF) involved in air missions. The primary operative sections of this Determination are found in the Schedules, with Section 4 specifying the amendments to the Principal Determination (Sections 13.2.5B and 13.2.5). Section 4 of the Determination provides for amendments to the Principal Determination by inserting a new section that outlines the travel class for crew and mission-related personnel on commercial flights for air missions, with a specific focus on ensuring consistency with the travel arrangements for other members on short-term duty overseas. This new section stipulates that crew and mission-related personnel are eligible for economy class travel, except for pregnant individuals who will continue to receive business class travel, as per existing provisions. Additionally, business class travel may be granted in limited circumstances at the discretion of the decision-maker. The Determination imposes specific obligations and requirements on the parties it governs, primarily centred around the provision of travel arrangements for ADF members involved in air missions. It mandates that crew and mission-related personnel receive economy class travel for air missions, ensuring a standardised and equitable approach to travel benefits. The Determination also allows for business class travel for pregnant individuals, reflecting an awareness of their specific needs. Furthermore, it provides discretion for the decision-maker to approve business class travel in exceptional circumstances, balancing the need for operational flexibility with the objective of cost-efficiency. Transitional provisions, as outlined in Schedule 2, ensure that members who had booked business class travel prior to the commencement of this Determination can still avail themselves of that class of travel, maintaining continuity and fairness. The Determination outlines potential consequences for breaches, although specific penalties are not detailed within the text. Generally, breaches of Defence Determinations can lead to a range of administrative, civil, or criminal consequences, depending on the nature and severity of the breach. For instance, non-compliance with travel provisions could result in administrative actions such as the revocation of travel entitlements or financial penalties. More severe breaches might lead to disciplinary actions under the ADF's redress of grievance system or even criminal charges, particularly if the breach involves fraud or significant misconduct. Members or entities affected by such breaches may also be subject to review or inquiry by the Defence Force Ombudsman, ensuring accountability and adherence to the conditions set forth by the Determination.

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Employment & Labour Law
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Determination
Concepts
Definitions & Interpretation
Transitional Provisions
Human Rights Law

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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.