Defence Determination, Conditions of service Amendment (Continuation Bonus) Determination (No. 9) 2025

Administered by Department of Defence

Legislation au F2025L00642 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (Continuation bonus) Determination (No. 9) 2025

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination) and Defence Determination, Conditions of service Amendment (Continuation bonus) Determination (No. 2) 2025 (the amending Determination), both 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 continuation bonus provisions to better clarify the definition of effective service, and clarify how it is used in relation to the application rules for continuation bonus 1 and 2. Effective service in these instances includes periods of service in the Reserves undertaken on a continuous full-time service basis immediately before the member joined the Permanent Forces.

The Determination also amends the savings provision in Defence Determination, Conditions of service Amendment (Continuation bonus) Determination (No. 2) 2025 (amending Determination) to ensure that members who are made an offer for the continuation bonus under the continuation bonus pilot are able to accept the offer until the end of 2025.

Operational details

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, and the savings provisions in the amending 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 Military Personnel Branch. The rule maker was satisfied that further consultation was not required.

 

Approved by:

Sarah Kate 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 (Continuation Bonus) Determination (No. 9) 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 5 June 2025.

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—Continuation bonus amendments

Item 1 amends subparagraphs 3.4.3.1.a.i and 3.4.3.1.b.i of the Principal Determination which provide the commencement day of an agreed period of service for continuation bonus 1 and continuation bonus 2, respectively. The amendment removes the notes in each subparagraph as a consequence of changes made by items 4 and 5 of this Determination.

Item 2 amends paragraph 3.4.3.1.a of the Principal Determination which provides circumstances in which the agreed period of service will commence in relation to continuation bonus 1. The item repeals subparagraph 3.4.3.1.a.ii, which refers to service obligations imposed when the member first joined the Permanent Forces. This requirement is now captured, albeit more broadly, by amendments made by item 3 of this Determination.

Item 3 amends paragraph 3.4.3.1.c of the Principal Determination which provides some of the circumstances in which an agreed period of service will commence. The item redrafts the paragraph to include the completion of a service obligation. This amendment means that a member must have completed all service oblations (as defined in section 3.4.2 of the Principal Determination) before they commence their agreed period of service.

Items 4 and 5 repeal and substitute sections 3.4.6 and 3.4.7 of the Principal Determination which define effective service. The amendments remake the definition by making general rules about when service may be effective service and how effective service is calculated on days that a member is, and is not, subject to a flexible service determination made under section 23 of the Defence Act.

Items 6 and 7 repeal and substitute section 3.4.8 and 3.4.13 which provides when Divisions 1 and 3, respectively, apply to members. The amendments made require the periods of effective service to be continuous periods and provide that the continuity of that period of effective service is not broken by a period of leave without pay. A member would break a period of continue effective service if they were a member of the Reserves undertaking continuous full-time service and had a break in full-time service before joining the Permanent Forces.

Item 8 amends section 3.4.23 of the Principal Determination which provides the rules to recover the continuation bonus in certain circumstances. The amendment removes the requirement that a bonus can only be recovered if the member has made a valid acceptance of an offer. Subsection 3.4.20.1.b of the Principal Determination enables a member to be eligible to be paid the bonus in limited circumstances without making a valid acceptance of an offer.

Schedule 2—Continuation bonus pilot amendments

Item 1 amends clause 2 of Schedule 2 of the amending Determination which provides the saving provisions relating to the continuation bonus pilot. The amendment excludes subsection 3.4.11.2 from the savings provisions. This has the effect of enabling members to accept an offer of a continuation bonus under the pilot scheme if they were offered a bonus on or before 30 June 2025.

 

 

Annex B

Defence Determination, Conditions of service Amendment (Continuation Bonus) Determination (No. 9) 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 update continuation bonus provisions to better clarify the definition of effective service, and clarify how it is used in relation to the application rules for continuation bonus 1 and 2. Effective service in these instances includes periods of service in the Reserves undertaken on a continuous full-time service basis immediately before the member joined the Permanent Forces.

The Determination also amends the savings provision in the amending Determination to ensure that members who are made an offer for the continuation bonus under the continuation bonus pilot are able to accept the offer until the end of 2025.

Assessment of compatibility

This Determination provides technical amendments to provide clarity and greater certainty over the application of the continuation bonus, which provides members with a payment for agreeing to undertake additional periods of service in the Permanent Forces. As such, it does not engage with any of the applicable rights or freedoms.

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 (Continuation Bonus) Determination (No. 9) 2025, enacted under the authority of section 58B of the Defence Act 1903, addresses gaps and ambiguities in the existing continuation bonus provisions for members of the Australian Defence Force (ADF). This determination was made by the Military Personnel Branch and is subject to disallowance by the Parliament in accordance with the Legislation Act 2003. The primary objective of this amendment is to enhance clarity regarding the definition of effective service and its application to the continuation bonus, ensuring that service in the Reserves on a continuous full-time basis immediately prior to joining the Permanent Forces is included. Furthermore, it extends the acceptance period for the continuation bonus pilot to the end of 2025, ensuring that eligible members have the opportunity to benefit from the pilot scheme. The determination has been reviewed for human rights compatibility and is deemed to be in line with the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

This Determination, which amends Defence Determination 2016/19 and Defence Determination, Conditions of service Amendment (Continuation bonus) Determination (No. 2) 2025, applies to members of the Australian Defence Force (ADF) and their families, and is designed to update and clarify provisions regarding continuation bonuses. The amendments specifically address the definition and calculation of effective service, as well as the conditions under which continuation bonuses can be applied. These changes ensure that service in the Reserves, undertaken on a continuous full-time service basis immediately before joining the Permanent Forces, is included in the calculation of effective service. Additionally, the Determination extends the period during which members can accept offers for continuation bonuses under a pilot scheme until the end of 2025. The amendments are intended to provide greater clarity and certainty for members, stakeholders, and administrators regarding the conditions of service and benefits available to ADF members. The geographic and jurisdictional reach of this Determination is national, as it applies to members of the ADF across Australia. Subordinate instruments may further extend or restrict the application of this Determination, although no such instruments are currently in effect.

Key Provisions

The Defence Determination, Conditions of service Amendment (Continuation Bonus) Determination (No. 9) 2025 amends Defence Determination 2016/19 and Defence Determination, Conditions of service Amendment (Continuation Bonus) Determination (No. 2) 2025. This Determination introduces technical amendments to clarify the definition of "effective service" and how it applies to continuation bonus 1 and continuation bonus 2. Effective service now includes periods of service in the Reserves undertaken on a continuous full-time service basis immediately before a member joins the Permanent Forces. The amendments also ensure that members who were offered a continuation bonus under the continuation bonus pilot can accept the offer until the end of 2025. These changes are designed to provide greater certainty and clarity over the application of the continuation bonus. The obligations imposed by this Determination primarily concern the conditions under which members of the Australian Defence Force (ADF) can qualify for continuation bonuses. The changes mean that for a member to commence their agreed period of service for continuation bonus 1 or continuation bonus 2, they must have completed all service obligations as defined in section 3.4.2 of the Principal Determination. Furthermore, effective service periods must be continuous, and continuity is not broken by periods of leave without pay. However, a period of effective service would be broken if a member was a member of the Reserves undertaking continuous full-time service and had a break in full-time service before joining the Permanent Forces. Additionally, the requirement for a member to make a valid acceptance of an offer to be eligible for a continuation bonus has been removed, except where specified by subsection 3.4.20.1.b of the Principal Determination. The Determination does not specify any new offences, penalties, or consequences for breach. However, it is important to note that decisions made under the Principal Determination, as amended by this Determination, and the savings provisions in the amending Determination can be subject to inquiry under the ADF redress of grievance system, provided under Part 7 of the Defence Regulation. Additionally, a person may make a complaint to the Defence Force Ombudsman. This means that while the Determination itself does not impose new penalties, failure to comply with the updated conditions for continuation bonuses could potentially lead to grievances being raised within the ADF's internal review processes.

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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.