Defence Determination, Conditions of service Amendment Determination 2020 (No. 15)

Administered by Department of Defence

Legislation au F2020L00984 Not in force Legislative Instrument

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Defence Determination, Conditions of service Amendment Determination 2020 (No. 15)

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 3 sets out provisions dealing with salaries and bonuses.
  • Chapter 15 sets out provisions dealing with living and working on long-term posting overseas.

The purpose of this Determination is to:

  • Correct the employment category names and the period for salary non-reduction for members of the Air Force who are transferred to a Network Technician employment category and to remove associated rules that are no longer required.
  • Establish ABC International School, Tokyo as an approved summer school for members who are posted to Japan.

The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

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

Section 2 provides that this instrument commences on 6 August 2020.

Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Section 1 omits paragraph 3.2.50 of the Principal Determination which provides for members who the Division applies to. Paragraph 3.2.50.f has been omitted as this provision is no longer required already being provided for in DFRT No. 2 of 2017, Salaries.

Section 2 omits the note from paragraph 3.2.51 of the Principal Determination which identifies members who the Division applies to. The note in paragraph b directed the reader to paragraph 3.2.50.f which is being omitted by section 1 of this Determination, which has been removed as a consequence of this Determination.

Section 3 omits and substitutes Annex 3.2.B of the Principal Determination which provides salary non-reduction for members with the rank of Warrant Officer Class 1 or lower. Salary non-reduction provisions are available to eligible members who are transferred by their Service from a Communications and Information Systems Controller employment category to the Network Technician employment category between 25 June 2020 and 24 June 2025. Members who are transferred to the Network Technician employment category will have a five year salary non-reduction provision from the date of their transfer. All other salary non-reduction provisions remain the same.

Other amendments have been made to promote consistency in drafting without amending the outcome of the rules.

Schedule 2—Approved summer schools –– Japan amendments

Section 1 amends the table in Annex 15.6.B of the Principal Determination which specifies the approved summer schools for Tokyo, Japan. A new summer school ‘ABC International School, Tokyo’ is inserted into item 9 of the table as an approved summer school. The school is added to the list of approved summer schools so that children do not have to change schools during the summer program period.

Schedule 3—Transitional Provision

Section 1 provides a transitional provision that applies the amendment in Schedule 1 to members with any dependent children who were enrolled in the ABC International School for the summer school program between 9 July 2020 and the commencement of this Determination.

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

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

Navy, Army, Air Force, the Directorate of Attaché and Overseas Management were consulted in the development of the changes in Schedules 2 and 3 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:

  • Correct the employment category names and the period for salary non-reduction for members of the Air Force who are transferred to a Network Technician employment category and to remove associated rules that are no longer required. .
  • Establish ABC International School, Tokyo as an approved summer school for members who are posted to Japan

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 education

Article 13 of the International Covenant on Economic, Social and Cultural Rights recognises the right of everyone to education. The protection of a child’s right to education engages Article 28 of the Convention on the Rights of the Child. Article 28 recognises the right of a child to education.

Schedule 1 advances the specific rights in articles 7(a) and 7(c) of the International Covenant on Economic, Social and Cultural Rights. It ensures that members of the Air Force who were in the Communications and Information Systems Controller employment category, or the Communications Electronic employment category and have transferred to the Network Technician employment category maintain their level of remuneration based on their qualifications and skills while undergoing re-categorisation.  

Schedules 2 and 3 advance the rights under Articles 10 and 13 of the International Covenant on Economic, Social and Cultural Rights by ensuring the summer schools in Japan remain contemporary and appropriate for the periods of service a member may have a child attending school in Japan.

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 Determination 2020 (No. 15), enacted to amend Defence Determination 2016/19, was introduced to address specific issues within the Australian Defence Force (ADF) conditions of service, particularly concerning salary non-reduction for Air Force members transitioning to a Network Technician employment category and the approval of a summer school in Japan for children of ADF personnel. This Amendment Determination was made under section 58B of the Defence Act 1903 by the relevant authorities within the ADF and is subject to disallowance and interpretation principles under the Acts Interpretation Act 1901. The primary policy objective of this Determination is to ensure that ADF members receive fair remuneration and that their children can maintain continuity in their education while their parents are posted overseas. This legislative instrument corrects inaccuracies in employment category names and the duration of salary non-reduction for Air Force members transferred to a Network Technician category, ensuring they are compensated appropriately based on their skills and qualifications. Additionally, it recognises the importance of maintaining a stable educational environment for children of ADF members by establishing ABC International School, Tokyo, as an approved summer school. This amendment aligns with international human rights obligations, particularly the right to just and favourable conditions of work and the right to education, as articulated in the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child. The Determination was developed in consultation with relevant ADF bodies and tribunals to ensure its effectiveness and compliance with human rights standards.

Scope and Application

The Defence Determination, Conditions of Service Amendment Determination 2020 (No. 15) amends the Defence Determination 2016/19, Conditions of Service (Principal Determination), made under section 58B of the Defence Act 1903. This Determination applies to members of the Australian Defence Force (ADF) and specifically addresses amendments related to salaries and bonuses for Air Force members transferred to a Network Technician employment category, as well as the approval of ABC International School, Tokyo, as an accredited summer school for members posted to Japan. The amendments are intended to correct the employment category names, establish the period for salary non-reduction, and remove rules that are no longer required. The retrospective application of this Determination does not prejudice the rights of any person other than the Commonwealth or impose any liability on such person. The Determination extends its authority under section 58B of the Defence Act 1903 and is subject to the interpretation principles in the Acts Interpretation Act 1901. The instrument commenced on 6 August 2020 and includes transitional provisions to ensure continuity for members affected by the changes.

Key Provisions

The Defence Determination, Conditions of Service Amendment Determination 2020 (No. 15) primarily focuses on amending specific provisions within the Defence Determination 2016/19, particularly affecting the Australian Defence Force (ADF) members. Section 3 of this Determination corrects the employment category names and the period for salary non-reduction for Air Force members who are transferred to a Network Technician employment category. This amendment ensures that eligible members will maintain their salary for five years from the date of their transfer, without reduction. Additionally, it removes outdated rules that are no longer necessary, streamlining the regulations governing salary non-reduction. Section 15 of this Determination establishes ABC International School, Tokyo as an approved summer school for ADF members posted to Japan. This amendment aims to ensure that children of ADF members do not have to change schools during the summer program period, maintaining continuity in their education. The Determination imposes several obligations on the parties involved. Firstly, it requires the ADF to ensure that eligible Air Force members who are transferred to the Network Technician employment category receive a five-year period of salary non-reduction. This includes maintaining the specified salary levels as outlined in the Determination. Secondly, the ADF must recognise ABC International School, Tokyo as an approved summer school for members posted to Japan, ensuring that children of ADF members have access to a consistent educational environment during their parents’ service period in Japan. These obligations are aimed at providing stability and continuity in both financial and educational aspects for ADF members and their families. For breaches of the provisions outlined in this Determination, the applicable penalties and consequences depend on the specific nature of the breach. While the Determination does not explicitly state maximum penalties, breaches of Defence Act provisions or Defence Regulations could lead to various civil or criminal consequences. Civil consequences might include financial penalties, while criminal consequences could involve fines or imprisonment, depending on the severity of the breach and the discretion of the court. Additionally, adverse decisions made under the ADF redress of grievance system or complaints to the Defence Force Ombudsman can be avenues for seeking redress if a member believes their rights have been infringed upon by a breach of this Determination. The Determination ensures that it is compatible with human rights, particularly by advancing the protection of rights recognised in international instruments such as the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child. It ensures that ADF members receive just and favourable conditions of work, including remuneration and safe working conditions, as guaranteed under Article 7 of the International Covenant on Economic, Social and Cultural Rights. Additionally, it supports the right to education for children of ADF members by ensuring continuity in their schooling during periods of service in Japan, in line with Article 28 of the Convention on the Rights of the Child.

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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.