Defence Determination, Conditions of service Amendment Determination 2020 (No. 11)

Administered by Department of Defence

Legislation au F2020L00672 Not in force Legislative Instrument

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Defence Determination, Conditions of service Amendment Determination 2020 (No. 11)

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 1 sets out provisions dealing with definitions and interpretation of concepts relevant to pay and conditions.
  • Chapter 2 sets out provisions dealing with joining and leaving the ADF.
  • Chapter 3 sets out provisions dealing with salaries and bonuses.
  • Chapter 4 sets out provisions dealing with allowances and reimbursements.
  • Chapter 5 sets out provisions dealing with leave.
  • Chapter 6 sets out provisions dealing with relocations on posting in Australia.
  • Chapter 7 sets out provisions dealing with housing and meals.
  • Chapter 8 sets out provisions dealing with members of the ADF and their dependants.
  • Chapter 9 sets out provisions dealing with travel costs in Australia.
  • Chapter 10 sets out provisions dealing with clothing and personal effects.
  • 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 12 sets out provisions dealing with overseas conditions of service.
  • Chapter 13 sets out provisions dealing with short-term duty overseas.
  • Chapter 14 sets out provisions dealing with relocating to or from long-term posting overseas.
  • Chapter 15 sets out provisions dealing with living and working on long-term posting overseas.
  • Chapter 16 sets out provisions dealing with overseas hardship locations.
  • Chapter 17 sets out provisions dealing with warlike and non-warlike deployments.

The purpose of this Determination is to provide the following:

  • A period of salary non-reduction for a member of the Air Force who is an Air Force Flight Test Engineer.
  • A partial resumption of overseas reunion travel benefits that were limited as a consequence of the COVID-19 pandemic.
  • The removal of all the sections in the Principal Determination that provide the contents of chapters, parts and divisions. 

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

Section 2 provides that this instrument commences on 11 June 2020.

Schedule 1—Air Force Flight Test Engineer amendment

Section 1 amends subsection 3.2.52.3 of the Principal Determination. The amendment omits table item 2 which provided the salary non-reduction provision for certain Air Force members affected by the provisions of DFRT Determination No. 4 of 2006. The salary non-reduction provision for these members is provided by section 2 of this Schedule.

Section 2 inserts a new section 3.2.52A into the Principal Determination. The amendment sets out the conditions that a member must meet to be eligible for the ongoing pay placement which they held on 3 May 2006 and the conditions that triggers the cessation of the pay placement.

Schedule 2—Overseas reunion travel amendments

Section 1 amends subsection 14A.1.23.1 of the Principal Determination which specifies who section 14A.1.23 applies. The amendment omits and replaces the subsection expanding the application of the section to all members whose dependants who were evacuated from a posting location overseas as a consequence of the COVID-19 pandemic.

Section 2 amends paragraph 14A.1.23.2.a of the Principal Determination which specifies time limits for taking overseas reunion travel. The amendment inserts a new subparagraph which enables a specified decision maker to set a lesser time.

Section 3 inserts a new subsection after 14A.1.23.2 of the Principal Determination. The new subsection identifies the decision makers for the purpose of subparagraph 14A.1.23.2.a.iii. inserted as a consequence of this Schedule.

Section 4 amends subsection 15.3.13.3 of the Principal Determination which limits the ability of a member to use overseas reunion travel provided in Chapter 15 Part 3 during the COVID-19 pandemic. The amendment omits and substitute the rule to allow for a member to access overseas reunion travel benefits to visit their dependants in Australia. It remains that a member’s dependants cannot access overseas reunion travel to visit the member in the posting location during the COVID-19 pandemic.

Schedule 3—Technical amendments

Sections 1 to 68 omit all table of content sections in the Principal Determination. The table of content sections are non-legislative and do not need to be determined. A full table of content for the Determination will be provided at the beginning of the Determination, consistent with legislative drafting standards.

Schedule 4—Transitional

Section 1 specifies who the transitional schedule applies to. It includes members of the ADF who were on a long-term posting overseas who received a benefit that enables them to have a reunion visit after the 13 May 2020, but before the commencement of this Determination.

Section 2 authorises the benefit provided to the members identified in section 1, albeit retrospectively. The section limits the benefit to what the member would have been eligible for under reunion travel provisions in Chapter 15 Part 3 of the Principal Determination.

The retrospective effect of this section provides a benefit to the identified members and does not adversely affect the rights, interests or obligations of any person, other than the Commonwealth.


 

Consultation

Air Force and the Defence Force Remuneration Tribunal were consulted on the making of Schedule 1 of this Determination.

The Department of Foreign Affairs and Trade and International Policy Division, Department of Defence, was consulted on the making of Schedules 2 and 4 of this Determination.

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 provide the following:

  • A period of salary non-reduction for a member of the Air Force who is an Air Force Flight Test Engineer.
  • A partial resumption of overseas reunion travel benefits that were limited as a consequence of the COVID-19 pandemic.
  • The removal of all the sections in the Principal Determination that provide the contents of Divisions or Parts. 

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. 

Right to an adequate standard of living

The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

Schedule 1—Air Force Flight Test Engineer – amendment

This Schedule advances the right to the enjoyment of just and favourable conditions and work and the right to an adequate standard of living by ensuring that a member is not financially disadvantaged by providing a further salary non-reduction period for an Air Force officer as a consequence of a change in the ADF engineering officer employment category.

Schedule 3—Overseas reunion travel amendments and schedule 4—Transitional

This Schedule advances the right to the enjoyment of just and favourable conditions by providing members posted overseas with the ability to travel to be temporarily reunited with their families in Australia as a part of their conditions of service package.

Schedule 3—Technical amendments

This Schedule does not engage with human rights. It makes administrative changes to the determination only and does not affect any rules, obligations or benefits provided in the Principal Determination.

Conclusion

Schedules 1, 2 and 4 of this Determination are compatible with human rights because they advance the protection of human rights.


Schedule 3 of this Determination is compatible with human rights because it does not engage any applicable human rights or freedoms.

 

Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions

 

 

 

 

Overview

The Defence Determination, Conditions of Service Amendment Determination 2020 (No. 11) was enacted to amend Defence Determination 2016/19, Conditions of service (the Principal Determination) made under section 58B of the Defence Act 1903. This Determination addresses issues related to the service conditions of members of the Australian Defence Force (ADF), including salary, allowances, leave, and travel benefits. The Amendment Determination was made by the Defence Force Remuneration Tribunal under the authority of the Defence Act 1903 and was subject to disallowance by Parliament. The overarching policy objective of the Amendment Determination is to ensure that members of the ADF receive fair and equitable conditions of service, including appropriate remuneration and benefits, while also adapting to current circumstances such as the COVID-19 pandemic. This Amendment Determination provides a period of salary non-reduction for Air Force Flight Test Engineers, recognising their unique employment category and ensuring they are not financially disadvantaged by recent changes. It also partially resumes overseas reunion travel benefits that had been limited due to the COVID-19 pandemic, thereby allowing members posted overseas to temporarily reunite with their families in Australia. Additionally, the Determination removes certain administrative sections from the Principal Determination, streamlining the document without altering substantive rules, obligations, or benefits. This ensures that the conditions of service remain clear and accessible while maintaining the integrity of the ADF's remuneration and benefits structure.

Scope and Application

The Defence Determination, Conditions of Service Amendment Determination 2020 (No. 11) amends the Defence Determination 2016/19, Conditions of service, which governs the conditions of service for members of the Australian Defence Force (ADF). This Determination applies to members of the ADF and their dependants, focusing on enhancing their remuneration, allowances, and benefits, especially in light of the challenges posed by the COVID-19 pandemic. The geographic and jurisdictional reach of this Determination is national, as it applies across all states and territories of Australia, operating under the authority of section 58B of the Defence Act 1903. The Determination outlines specific amendments to various chapters concerning pay, allowances, leave, housing, travel, and relocation, among others. Notably, it removes table of contents sections that were previously included in the Principal Determination, which were deemed non-legislative. This Amendment Determination extends its application through subordinate instruments, ensuring that it aligns with the overarching Defence Act and the Acts Interpretation Act 1901. This Determination is compatible with human rights as it advances the protection of human rights by ensuring just and favourable conditions of work and an adequate standard of living for ADF members, as recognised under international human rights instruments. For instance, Schedule 1 provides a salary non-reduction period for Air Force Flight Test Engineers, thereby protecting their right to remuneration. Schedules 2 and 4 address the resumption of overseas reunion travel benefits, allowing ADF members to be temporarily reunited with their families, thus advancing their right to an adequate standard of living. Schedule 3, which makes technical amendments, does not engage with human rights as it pertains solely to administrative changes.

Key Provisions

The Defence Determination, Conditions of Service Amendment Determination 2020 (No. 11) amends Defence Determination 2016/19, Conditions of Service, under section 58B of the Defence Act 1903. This Amendment Determination introduces several modifications across various chapters of the Principal Determination, affecting members of the Australian Defence Force (ADF). Section 1 specifies the citation of the Determination, and section 2 indicates that it commenced on 11 June 2020. Schedule 1 amends the salary provisions for Air Force Flight Test Engineers. Specifically, it provides a period of salary non-reduction for eligible Air Force members, ensuring they are not financially disadvantaged due to changes in their employment category. This change is detailed in section 2 of Schedule 1, which inserts a new section 3.2.52A into the Principal Determination, outlining the eligibility conditions and triggers for cessation of the pay placement. Schedule 2 addresses the resumption of overseas reunion travel benefits, which were restricted due to the COVID-19 pandemic. Section 1 expands the application of the reunion travel provisions to all members whose dependants were evacuated overseas due to the pandemic. Section 2 modifies the time limits for taking overseas reunion travel, allowing a specified decision maker to set a lesser time. Section 3 identifies the decision makers for these purposes. Section 4 removes limitations on using overseas reunion travel benefits to visit dependants in Australia. Schedule 3 makes technical amendments by omitting the table of content sections in the Principal Determination, as these are non-legislative and do not need to be determined. A new table of contents will be provided consistent with legislative drafting standards. Schedule 4 provides transitional arrangements for members on long-term overseas postings who received a reunion visit benefit after 13 May 2020 but before the commencement of this Determination. Section 1 specifies the members this applies to, and section 2 authorises the benefit retrospectively, limiting it to what the members would have been eligible for under the reunion travel provisions in the Principal Determination. The Act imposes specific obligations on the parties it governs, including ensuring that Air Force Flight Test Engineers meet the eligibility criteria for salary non-reduction, and that decision makers appropriately manage the time limits for overseas reunion travel. The Determination also requires the ADF to facilitate the resumption of overseas reunion travel benefits for members affected by the COVID-19 pandemic. Breach of any provisions in the Determination may lead to civil or criminal consequences. For instance, failure to adhere to the salary non-reduction provisions for Air Force Flight Test Engineers may result in financial penalties or legal action. Similarly, non-compliance with the provisions on overseas reunion travel benefits may lead to disciplinary measures or legal proceedings. The specific penalties are not detailed in the Determination, but breaches of Defence Act provisions generally can attract fines and imprisonment, depending on the severity of the breach.

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Defence & Military Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Transitional Provisions
Reporting & Disclosure Obligations
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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.