EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment (Airline club membership) Determination (No. 6) 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 amend the additional benefits provided to officers who hold a rank of Brigadier higher to remove the provision of basic memberships for airline clubs in response to Government budget measures.
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 Workplace and People Strategy Division, Defence Finance Group and Senior Officer Management.
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 (Airline club membership) Determination (No. 6) 2026
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides the Determination commences on the day after the instrument 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—Airline club membership
Item 1 amends section 4.6.2 of the Principal Determination, which provides the member’s whom Part 6 of Chapter 4 applies. Subsection 4.6.2.2 has been amended to remove reference to section 4.6.4, which has been repealed by item 2 of this Determination.
Item 2 repeals section 4.6.4 of the Principal Determination, which provides that a star rank officer is eligible for the basic membership of an airline club. This section has been repealed in response to Government budget measures that Commonwealth entities are not to purchase airline lounge memberships for their officials.
Annex B
Defence Determination, Conditions of service Amendment (Airline club membership) Determination (No. 6) 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 amend the additional benefits provided to who hold a rank of Brigadier higher to remove the provision of basic memberships for airline clubs in response to Government budget measures.
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
Reasonable, necessary and proportionate:
This Determination is compatible with Article 7 as it amends the additional benefits which are provided to star rank officers of the ADF which recognise the professional contribution of these officers in meeting greater internal and external demands involved in their positions. This Determination reduces the additional benefits provided to star rank offices by removing the provision of basic airline memberships in response to Government budget measures. Despite this, star rank officers remain eligible for work related travel at no expense and are able to travel in a higher class when required by the circumstances as a part of their 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.