Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9)

Administered by Department of Defence

Legislation au F2020L00528 Not in force Legislative Instrument

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Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9)

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.

This Determination amends the following Chapters of the Principal Determination for members of the Australian Defence Force (ADF).

  • Chapter 7 sets out provisions dealing with housing and related benefits.
  • Chapter 11 sets out provisions dealing with assistance available if a member of the ADF dies or suffers personal injury or disease as a result of their service.
  • Chapter 14A sets out provisions dealing with the COVID-19 pandemic.
  • Chapter 15 sets out provisions in relation to members who are on long-term postings overseas.

The purpose of this Determination is to:

  • extend benefits for certain deceased members and deceased former members who have had a funeral while COVID-19 restrictions have been in place to provide a memorial service after the restrictions have been relaxed.
  • further adjust conditions of service for members on long term postings overseas to match those of the Department of Foreign Affairs and Trade. This amendment relates to the accrual of leave related to postings in hardship locations.

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 after registration.

Section 3 provides that this Determination has authority under section 58B of the Defence Act.

Section 4 provides that each instrument specified in a Schedule to this Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Determination has effect according to its terms.

Schedule 1—Domestic conditions amendments

Section 1 amends section 14.7.9.11 of the Principal Determination which sets out when a member is not eligible for food allowance. The amendment has the effect of ceasing the payment of food allowance after 14 days rather than 13 days, as currently provided in the Principal Determination. Schedule 3 of this Determination provides a transitional provision to provide payment for an additional day for any member whose food allowance was ceased after 13 days.

Section 2 amends section 11.4.9 of the Principal Determination which provides financial assistance towards the costs of funerals for members who have died while on a long-term posting overseas. The amendment omits paragraph 11.4.9.2.a which is also provided for in paragraph 11.4.9.2.c.

Section 3 inserts a new section after section 11.4.10 of the Principal Determination. The new section establishes financial assistance for memorial services. The section only applies to members who have had a funeral service during the COVID-19 restrictions, which have limited the number of people able to attend the funeral. The financial assistance provides up to $14,000, but is reduced by the amount of assistance received towards the funeral under section 11.4.9 of the Principal Determination, if any. The level of assistance may be increased in limited circumstances.

Section 4 omits subsection 11.4.11.1 of the Principal Determination which provides travel and accommodation benefits to certain people attending a funeral for which financial assistance is provided under section 11.4.9. The subsection is substituted to expand the benefit to include travel benefits and accommodation to attend memorial services for which financial assistance is provided under section 11.4.10A, inserted under section 1 of this Schedule.

Section 5 omits subsection 11.4.11.2 of the Principal Determination which enables the Director General Defence Community Organisation to provide an additional night’s accommodation. The subsection has been redrafted to clarify that an additional night’s accommodation cannot be provided to a person attending a memorial service.

Schedule 2— Overseas conditions amendments

Section 1 amends section 14.5.5 of the Principal Determination which provides members with an allowance during their settling in and settling out period. The section inserts a new subsection which has the effect of making the allowance payable to a member who is required to self-isolate on arrival in a posting location overseas, despite having kitchen facilities available.

Section 2 inserts a new section after section 14A.1.6 of the Principal Determination. The new section provides accommodation, meals and incidental payments to people who are evacuated under Chapter 14A Part 1 of the Principal Determination. To be eligible for benefits the evacuation flights to Australia must require the member to stay in a location, other than the evacuation location or Australia, overnight. The benefits are the same that would be available under Chapter 13 Part 3 of the Principal Determination.

Section 3 inserts a new section after section 14A.1.17 of the Principal Determination. The new section applies to members who have been evacuated to Australia and continue to accrue additional recreation leave associated with being posted to a hardship location. The new section ceases the accrual of additional recreation leave when the member ceases to receive hardship or location allowance. This section will cease to apply when the member’s evacuation period ends.

Section 4 inserts a new section after section 15.9.1 of the Principal Determination. For the purpose of Chapter 15 Part 9, the new section defines ‘beneficiary’ and ‘COVID-19 control measure’.

Section 5 amends section 15.9.3 of the Principal Determination which provides benefits in relation to members who die while on a long-term posting overseas. This section omits and substitutes subsection 2 to extend the benefit to include memorial services and to improve clarity.

Section 6 amends section 15.9.3A of the Principal Determination which provides benefits in relation to a member’s dependants who die overseas while the member is on a long-term posting overseas. This section omits and substitutes section 2 to extend the benefit to include memorial services and to improve clarity.

Schedule 3—Transitional

This schedule provides a transitional provision to provide payment for an additional day for any member whose food allowance was ceased after 13 days. It provides members with the equivalent of one day’s food allowance.

 

Criteria are provided for the exercise of discretion under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. Also, a person may make a complaint to the Defence Force Ombudsman.


Consultation

Before this Determination was made, consultation was undertaken with the Department of Foreign Affairs and Trade, Navy, Army and Air Force and the Defence Community Organisation within the Department of Defence.

The rule maker was satisfied that further external consultation was not required.

 

 

Authority:  Section 58B of the
Defence Act 1903

 

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

The purpose of this Determination is to:

  • extend benefits for certain deceased members and deceased former members and their dependants who have had a funeral while COVID-19 restrictions have been in place to provide a memorial service after the restrictions have been relaxed.
  • further adjust conditions of service for members on long term postings overseas to match those of the Department of Foreign Affairs and Trade. This amendment relates to the accrual of leave related to postings in hardship locations.

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 guarantees just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

This Determination promotes just and favourable work conditions by extending current provisions relating to funerals to include memorial services the conduct of a funeral has been limited as a result of the COVID-19 pandemic.

The Determination amends Defence Determination 2016/19, Conditions of service, by stopping the accrual of certain types of leave that are available to members who are posted to hardship locations oversea. The amendment only applies to members who have been evacuated from the hardship location to Australia during the COVID-19 pandemic. The amendment is reasonable and proportionate because the members are not experiencing the hardship conditions for which the leave credits are provided during the evacuation period. The accrual of leave credit will recommence when the member returns to the hardship location. The overall benefits in the Principal Determination continue to be beneficial to members and advance human rights, in particular just and favourable work conditions.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

 

Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions

 

Overview

The Defence Determination, Conditions of Service Amendment (COVID-19 Response) Determination 2020 (No. 9) was enacted to address the specific challenges and adjustments required within the Australian Defence Force (ADF) due to the COVID-19 pandemic. This legislation amends Defence Determination 2016/19, Conditions of Service, under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901. The primary objective of this Determination is to provide extended benefits for deceased members and their dependants, particularly by enabling memorial services after COVID-19 restrictions have eased, and to adjust the conditions of service for ADF members on long-term overseas postings to align with those of the Department of Foreign Affairs and Trade. This includes amendments to leave accruals for members posted to hardship locations overseas, reflecting the unique circumstances caused by the pandemic. The Determination was enacted by the Australian government and is compatible with the human rights and freedoms recognised in international instruments.

Scope and Application

The Defence Determination, Conditions of Service Amendment (COVID-19 response) Determination 2020 (No. 9) amends the Defence Determination 2016/19, Conditions of service, under section 58B of the Defence Act 1903. This determination applies to members of the Australian Defence Force (ADF), including those on long-term postings overseas, and encompasses various conditions of service, including housing, financial assistance, and leave accrual. It extends benefits for deceased members and their dependants who had a funeral during COVID-19 restrictions by providing financial assistance for memorial services after restrictions have been relaxed. Additionally, it aligns conditions of service for members on long-term overseas postings with those of the Department of Foreign Affairs and Trade, particularly regarding leave accrual in hardship locations. The amendments are made to address the unique circumstances presented by the COVID-19 pandemic, ensuring that the conditions of service remain fair and just for ADF members under these exceptional conditions. This determination is applicable nationally, as it governs the conditions of service for ADF members across Australia and its territories. It does not explicitly state exclusions but implicitly excludes those not serving in the ADF. The amendments are implemented through the determination and its schedules, which detail specific changes to the conditions of service. The authority for this determination is derived from section 58B of the Defence Act, and it aligns with human rights principles by ensuring just and favourable conditions of work for ADF members. Adverse decisions under this determination may be subject to inquiry under the ADF redress of grievance system or a complaint to the Defence Force Ombudsman.

Key Provisions

The Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9) amends Defence Determination 2016/19, Conditions of service, under section 58B of the Defence Act 1903. This Amendment primarily affects members of the Australian Defence Force (ADF) by adjusting their conditions of service in response to the COVID-19 pandemic. It makes specific amendments to Chapters 7, 11, 14A, and 15 of the Principal Determination. For example, in Chapter 7, it modifies the eligibility criteria for food allowance, ceasing payment after 14 days instead of 13 (Schedule 1, Section 1). In Chapter 11, it introduces financial assistance for memorial services for members who had their funerals during COVID-19 restrictions (Schedule 1, Section 3). Chapter 14A deals with allowances for members required to self-isolate on arrival overseas, despite having kitchen facilities (Schedule 2, Section 1). Finally, Chapter 15 addresses the cessation of additional recreation leave accrual for members evacuated to Australia due to the pandemic (Schedule 2, Section 3). The Determination imposes various obligations on the ADF members and the Defence Department. Members must comply with the amended conditions of service, such as the modified criteria for food allowance and the new provisions for memorial services. The Defence Department is responsible for implementing these changes, ensuring that the benefits and allowances are correctly calculated and paid. Additionally, the Department must provide the necessary support and resources to assist members during their postings, particularly those affected by the pandemic. Members are also required to report any changes in their circumstances that might affect their eligibility for certain benefits or allowances. Breaching the provisions of this Determination can result in various consequences. While the Determination itself does not explicitly list offences or penalties, breaches of the Defence Act 1903 or Defence Regulation 2016, under which this Determination operates, could lead to disciplinary action, fines, or other penalties as prescribed by these Acts. Members found to be in violation of the conditions of service may face administrative or disciplinary measures, including inquiries under the ADF redress of grievance system. Additionally, adverse decisions regarding benefits or allowances can be subject to review by the Defence Force Ombudsman, providing a mechanism for recourse in case of dissatisfaction with the administrative 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.