Defence Determination, Conditions of service Amendment (Antarctic Allowance) Determination (No. 6) 2025

Administered by Department of Defence

Legislation au F2025L00563 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (Antarctic Allowance) Determination (No. 6) 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 remove a rule relating to the payment of Antarctic allowance that is provided in section A.1.6 of DFRT Determination No. 6 of 2025. This amendment avoids any conflict with the DFRT Determination.

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. In addition, a person may make a complaint to the Defence Force Ombudsman.

Consultation

The rule maker was satisfied that the changes made by this Schedule are technical in nature and consultation was not required.

 

Approved by:

Sarah McGregor

Acting Director General

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence Determination, Conditions of service Amendment (Antarctic Allowance) Determination (No. 6) 2025

Operational details

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that this Determination commences on the day 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—Antarctic Allowance amendments

Item 1 amends section 4.4.30 of the Principal Determination, which provides the eligibility criteria for Antarctic Allowance. The amendment adds a note at the end of the section to alert the reader to section A.1.6 of DFRT Determination No. 6 of 2024, which may have the effect of Antarctic allowance not being payable to the member if they are receiving a maritime crew B-F allowance that is at a higher rate than Antarctic allowance.

Item 2 repeals section 4.4.33 of the Principal Determination, which provides when Antarctic allowance is not payable to a member when they also receive Maritime Deployable support element allowance. The section is removed to avoid any conflict with DFRT Determination No. 6 of 2025.

 

Annex B

Defence Determination, Conditions of service Amendment (Antarctic Allowance) Determination (No. 6) 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 remove a rule relating to the payment of Antarctic allowance that is provided in section A.1.6 of DFRT Determination No. 6 of 2025. This amendment avoids any conflict with the DFRT Determination.

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 makes a technical amendment to avoid any conflict with DFRT Determination No. 6 of 2025 and does not engage with any human rights.

Conclusion

This Determination is does not engage 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 (Antarctic Allowance) Determination (No. 6) 2025 was enacted to address inconsistencies in the payment of Antarctic Allowance for members of the Australian Defence Force (ADF) and to ensure alignment with other relevant Defence Force Remuneration and Conditions (DFRT) Determinations. This Amendment Determination was made under section 58B of the Defence Act 1903 by the Acting Director General People Policy and Employment Conditions, Sarah McGregor, and is subject to disallowance by the Parliament of Australia and the principles of interpretation outlined in the Acts Interpretation Act 1901. The primary objective of this Amendment Determination is to resolve a conflict between the Antarctic Allowance provisions in the Defence Determination and the DFRT Determination No. 6 of 2025, thereby ensuring that the conditions of service for ADF members are consistent and free from legal conflicts. The Amendment Determination has been assessed for compatibility with human rights, and it has been concluded that it does not engage with any human rights and freedoms as recognised or declared in the relevant international instruments.

Scope and Application

The Defence Determination, Conditions of Service Amendment (Antarctic Allowance) Determination (No. 6) 2025 amends the Defence Determination 2016/19, which governs the conditions of service for members of the Australian Defence Force (ADF) and their families. This determination applies to all members of the ADF and their families, providing benefits that recognise the unique nature of military service and the obligations and limitations that such service places on them. It operates under the authority of section 58B of the Defence Act 1903 and is exempt from sunsetting, ensuring that it remains in effect until further amendments are made. This determination specifically addresses the payment of Antarctic allowance, adjusting the criteria to avoid conflicts with other Defence Force Remuneration Tribunal (DFRT) determinations. It is applicable nationally and does not introduce any new exclusions, exemptions, or thresholds beyond those already established in the Principal Determination. The amendment is a technical adjustment, ensuring that the allowances are paid in accordance with the most recent tribunal rulings.

Key Provisions

The Defence Determination, Conditions of service Amendment (Antarctic Allowance) Determination (No. 6) 2025 (the Determination) amends Defence Determination 2016/19, Conditions of service, under section 58B of the Defence Act 1903. The primary objective of this amendment is to adjust the Antarctic Allowance provisions to prevent conflicts with the DFRT Determination No. 6 of 2025. Section 4.4.30 of the Principal Determination now includes a note indicating that Antarctic allowance may not be payable if a member is receiving a maritime crew B-F allowance at a higher rate. Additionally, section 4.4.33, which previously specified when Antarctic allowance would not be payable in conjunction with Maritime Deployable Support Element allowance, has been repealed to ensure consistency with the DFRT Determination No. 6 of 2025. The Determination imposes certain obligations on the Australian Defence Force (ADF) and its members. It mandates that eligibility criteria for Antarctic Allowance be updated to reflect the interplay with other allowances, ensuring members are aware of potential impacts on their entitlements. This includes the requirement for members to disclose any other allowances they are receiving that might affect their Antarctic Allowance. The ADF must also ensure that these changes are communicated effectively to all relevant personnel. Failure to comply with the provisions set out in this Determination may result in financial discrepancies or entitlement issues for ADF members. Although the Determination does not explicitly outline penalties for non-compliance, any such issues could potentially lead to administrative reviews or grievances under the ADF's redress of grievance system. Members found to be in breach of the amended provisions may face corrective actions to ensure their allowances are accurately calculated and paid in accordance with the updated criteria. The Determination has been reviewed for compatibility with human rights, as required by the Human Rights (Parliamentary Scrutiny) Act 2011. The assessment concludes that the amendment does not engage with any human rights or freedoms recognised under international instruments. This conclusion is based on the technical nature of the changes, which are intended solely to resolve conflicts with other determinations and do not alter the fundamental rights of ADF members in any substantive way.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Determination
Concepts
Commencement Provisions
Repeal & Amendment
Human Rights Compatibility

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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.