Defence Determination, Conditions of service Amendment Determination 2020 (No. 2)

Administered by Department of Defence

Legislation au F2020L00093 Not in force Legislative Instrument

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Defence Determination, Conditions of service Amendment Determination 2020 (No. 2)

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) 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 Chapter 15 Chapters of the Principal Determination for members of the Australian Defence Force (ADF). Chapter 15 of the Principal Determination sets out provisions dealing with living and working on long-term posting overseas for members of the ADF.

The purpose of this Determination is to provide the following:

  • To establish STEAM Lab +E in Tokyo as an approved summer school for members who are posted to Japan. STEAM Lab +E is an international school used by Defence families posted to Tokyo. The school is added to the list of approved summer schools so that children do not have to change schools during the summer programme period.
  • To amend the table under section 15.8.7 (Approved clubs) to update the approved club for the United Arab Emirates and to make technical amendments to improve ease of reference.

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

Section 2 provides that this Determination commence on 6 February 2020.

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Section 1 omits and substitutes table item 9 of Annex 15.6.B of the Principal Determination which specifies the approved summer schools for Japan. A new summer school 'STEAM Lab +E' is added to the list.

Schedule 2—Approved club amendments

Section 1 amends section 15.8.2 of the Principal Determination which provides the definitions for Chapter 15 Part 8. The amendment inserts a table of approved clubs for members on long-term posting overseas, which prior to this amendment was found in section 15.8.7, and adds item numbers against each row in the table. 

The amendment also replaces the Hiltonia Health Club and Spa with the Radisson Blu Beach Club & Spa as the approved club for the United Arab Emirates and makes technical amendments to update the reference Korea to South Korea.

Section 2 amends paragraph 15.8.4.2 which references section 15.8.7.

Section 3 omits section 15.8.7 which specifies the approved clubs, which is now provided under section 15.8.2 of the Principal Determination.


Consultation

Before this Determination was made, Strategic Policy and Intelligence Group (Directorate of Attaché and Overseas Management), Navy, Army and Air force were consulted in the development of the 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:

  • To establish STEAM Lab +E in Tokyo as an approved Summer school for members who are posted to Japan.
  • To amend the table under section 15.8.7 (Approved clubs) to update the approved club for the United Arab Emirates and to make technical amendments to improve ease of reference.

Human rights implications

Schedule 1—Approved summer schools amendments

This Determination engages Article 28 of the Convention on the Rights of the Child. Article 28 recognises the right of a child to education.

Defence members are posted to perform duty in overseas locations where they may be accompanied by their families. This Determination ensures that children who accompany members on a long term posting to an overseas location have access to education facilities similar to those in Australia.

This Determination advances the right to an adequate standard of living to members and their dependants when they are posted on long-term posting overseas.  It specifies a summer school for STEAM Lab +E in Tokyo, Japan, which ensures that a member's children attending that school do not have to change schools to attend summer school.

Schedule 2—Approved club amendments

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.

The protection of a person's right to an adequate standard of living and just and fair work conditions 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.

This Determination advances the right to favourable conditions of work and an adequate standard of living by providing assistance with the cost of club memberships for a member and their dependants in locations where services provided by the club would not otherwise be readily available.

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. 2) was enacted to address the need for updating and enhancing the conditions of service for members of the Australian Defence Force (ADF) who are posted overseas. This Amendment Determination, made under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901, amends the Defence Determination 2016/19 to provide better support for ADF members and their families stationed abroad. The primary objectives of this Amendment Determination are to ensure continuity in education for children by adding STEAM Lab +E in Tokyo as an approved summer school and to update the approved club for the United Arab Emirates, reflecting a commitment to improving the quality of life and work conditions for ADF members on long-term overseas postings. The determination also incorporates technical amendments to improve ease of reference and maintain alignment with international human rights standards, particularly those outlined in the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Defence Determination, Conditions of Service Amendment Determination 2020 (No. 2) amends Defence Determination 2016/19, made under section 58B of the Defence Act 1903, and is applicable to members of the Australian Defence Force (ADF) who are posted overseas on long-term duty. This Determination introduces specific amendments to Chapter 15 of the Principal Determination, which governs living and working conditions for ADF members stationed abroad. The primary amendments include the addition of STEAM Lab +E in Tokyo as an approved summer school for children of Defence members posted to Japan, ensuring continuity in education for these children during the summer period. Additionally, it updates the approved club for the United Arab Emirates and makes technical amendments for better reference and clarity. The amendments are intended to facilitate the ease of living and working conditions for ADF members and their families while they are stationed overseas. The amendments do not explicitly exclude any persons, entities, or specific conduct from their application. However, they are subject to the interpretation principles in the Acts Interpretation Act 1901 and are disallowable legislative instruments under the Legislation Act 2003. The scope of this Determination is limited to ADF members on long-term overseas postings and their families. While it does not provide for any specific exclusions or exemptions, its application is geographically confined to the locations where ADF members are posted. The Determination extends its application through amendments to the Principal Determination, which are detailed in Schedules 1 and 2, covering summer schools and approved clubs respectively.

Key Provisions

The Defence Determination, Conditions of Service Amendment Determination 2020 (No. 2) amends Defence Determination 2016/19, specifically focusing on the conditions of service for members of the Australian Defence Force (ADF) posted overseas. The primary changes introduced by this Determination are found in Schedule 1, which adds STEAM Lab +E in Tokyo as an approved summer school for ADF members posted to Japan, and in Schedule 2, which updates the approved club for members in the United Arab Emirates from Hiltonia Health Club and Spa to Radisson Blu Beach Club & Spa. This amendment also includes technical updates, such as changing references from 'Korea' to 'South Korea', and moving the approved clubs list from section 15.8.7 to section 15.8.2 to improve ease of reference. These changes aim to ensure continuity in education and leisure for children and families accompanying ADF members on long-term overseas postings. Under this Determination, the obligations placed on the ADF members and their families are primarily related to ensuring that children have access to approved educational facilities during their time overseas, and that eligible members and their dependants can access approved clubs at designated locations. The amendment of the approved clubs list and the addition of a new summer school are intended to facilitate smoother transitions for families relocating overseas, by maintaining familiar educational and social structures. Breaching the conditions set out in this Determination could potentially lead to administrative or logistical challenges for ADF members and their families, particularly if they are unable to access approved educational facilities or clubs due to non-compliance with the updated list. While the Determination does not explicitly state penalties for non-compliance, it is reasonable to infer that failure to adhere to these conditions could impact the provision of services or benefits related to the approved facilities and clubs. As the Determination is made under the Defence Act 1903, any significant breaches could potentially lead to disciplinary action or other consequences under the Act, although the specific penalties would depend on the nature and severity of the breach.

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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.