Defence Determination, Conditions of service Amendment Determination 2021 (No. 1)

Administered by Department of Defence

Legislation au F2021L00093 Not in force Legislative Instrument

Legislation content

Defence Determination, Conditions of service Amendment Determination 2021 (No. 1)

made under section 58B of the Defence Act 1903

Compilation No. 1

Compilation date:   13 February 2021

Includes amendments up to: Defence (Location allowance) Determination 2021

 

 

About this compilation

This compilation

This is a compilation of Defence Determination, Conditions of service Amendment Determination 2021 (No. 1), that shows the text of the law as amended and in force on 13 February 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

Contents

1  Name...................................................3

2  Commencement............................................3

3  Authority................................................3

4  Schedules................................................3

Schedule 1—Salary Non-Reduction Provisions amendments 4

Schedule 2—Overseas conditions amendments 6

Defence Determination 2016/19, Conditions of service 6

Endnote 1—About the endnotes....................................7

Endnote 2—Abbreviation key......................................8

Endnote 3 – Legislation history.....................................9

Endnote 4 – Amendment history...................................10

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 1).

2  Commencement

This instrument commences on 4 February 2021.

3  Authority

This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

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 Provisions amendments

Defence Determination 2016/19, Conditions of service

1
Annex 3.2.B Part 1 (Members with the rank of Warrant Officer Class 1), table item 1

 

After the table item, insert:

 

1A.

Pay Grade 5

Examiner Psychological Tier A

1 July 2021

30 June 2026

 

2
Annex 3.2.B Part 1 (Members with the rank of Warrant Officer Class 1), table item 4

 

Omit the table item, substitute:

 

4.

Pay Grade 6

Examiner Psychological Tier B

1 July 2021

30 June 2026

 

3
Annex 3.2.B Part 1 (Members with the rank of Warrant Officer Class 1), table item 6

 

Omit the table item.

4
Annex 3.2.B Part 1 (Members with the rank of Warrant Officer Class 1), table item 7

 

Omit the table item.

5
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 3

 

Omit the table item.

6
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 5

 

Omit the table item.

7
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 6

 

Omit the table item.

8
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 7

 

Omit the table item.

9
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 13

 

Omit the table item.

10
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 14

 

Omit the table item.

11
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 17

 

After the table item, insert:

 

17A.

Pay grade 5

Examiner Psychological

1 July 2021

30 June 2026

 

12
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 20

 

Omit the table item.

13
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 21

 

Omit the table item.

14
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 27

 

Omit the table item.

Schedule 2—Overseas conditions amendments

Defence Determination 2016/19, Conditions of service

1
Annex 12.3.B (Post index locations), table item 24

 

After the table item, insert:

 

24A.

Laos

Vientiane

 

2
Annex 16.B (Hardship location conditions of service), table item 13

 

After the table item, insert:

 

13A.

Greece

C

 

3
Annex 16.B (Hardship location conditions of service), table item 26

 

Omit the table item, substitute:

 

26.

Laos

24

Capital city (1)

Singapore (3)

4.8

Yes

E

 

4
Annex 16.B (Hardship location conditions of service), table item 42

 

After the table item, insert:

 

42A.

Romania

C

 

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced


Endnote 3 – Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Defence Determination, Conditions of service Amendment Determination 2021 (No. 1)

5 February 2021

4 February 2021

Schedule 3

Defence (Location Allowance) Determination 2021

12 February 2021

13 February 2021

Schedule 1 section 2

 


Endnote 4 – Amendment history

Section

Amendments

Sch 3

rep: Defence (Location allowance) Determination 2021.

 

 

Overview

The Defence Determination, Conditions of Service Amendment Determination 2021 (No. 1), enacted under section 58B of the Defence Act 1903, was introduced to address amendments in the conditions of service for Defence personnel, particularly regarding salary non-reduction provisions and overseas conditions. This determination, which commenced on 4 February 2021, amends the Defence Determination 2016/19, Conditions of Service. It makes specific adjustments to salary grades and conditions for various ranks of Defence personnel, including Warrant Officer Class 1 and Warrant Officer Class 2 or lower, and updates the list of hardship locations for overseas service. The objective is to ensure that the conditions of service for Defence personnel are accurately and comprehensively reflected in line with the latest policy requirements and operational needs. The determination is a legislative instrument that modifies the existing conditions to accommodate new roles and locations, ensuring that Defence personnel are appropriately compensated and supported in their duties.

Scope and Application

The Defence Determination, Conditions of service Amendment Determination 2021 (No. 1) is a legislative instrument made under section 58B of the Defence Act 1903. This determination applies to the conditions of service for members of the Australian Defence Force, specifically those with the ranks of Warrant Officer Class 1 and Warrant Officer Class 2 or lower. It amends the Defence Determination 2016/19, Conditions of service, by introducing changes to salary non-reduction provisions and overseas conditions. The amendments include modifications to pay grades and hardship location conditions of service, with the changes set to take effect from 1 July 2021 to 30 June 2026. The instrument came into effect on 4 February 2021. The amendments outlined in the schedules affect the conditions of service for specific ranks within the Defence Force, but do not extend beyond the scope of the Defence Act 1903 or its subordinate instruments.

Key Provisions

The Defence Determination, Conditions of service Amendment Determination 2021 (No. 1) amends the Defence Determination 2016/19, Conditions of service. It introduces changes to salary non-reduction provisions and overseas conditions. The determination is structured in two schedules, each detailing specific amendments to various annexes and tables within the Defence Determination 2016/19. Schedule 1 pertains to salary non-reduction provisions. For members with the rank of Warrant Officer Class 1, it introduces a new pay grade (Examiner Psychological Tier A) effective from 1 July 2021 to 30 June 2026. It also modifies existing pay grades and removes others. For members with the rank of Warrant Officer Class 2 or lower, it adds a new pay grade (Examiner Psychological) and removes several existing pay grades. Schedule 2 focuses on overseas conditions, specifically amending post index locations and hardship location conditions of service. It adds new post index locations, such as Laos, and adjusts hardship location conditions for Greece, Laos, and Romania. The changes are reflected in the relevant annexes and tables of the Defence Determination 2016/19. The Defence Determination, Conditions of service Amendment Determination 2021 (No. 1) imposes obligations on the Australian Defence Force (ADF) to implement these salary and condition changes. The ADF must ensure that salary adjustments and condition changes are properly reflected in their records and communicated to affected personnel. They must also update their policies and guidelines to align with the amendments specified in the determination. Failure to comply with the provisions of the Defence Determination, Conditions of service Amendment Determination 2021 (No. 1) may result in administrative or disciplinary actions against ADF personnel or officials responsible for implementing the changes. While the legislation itself does not specify particular criminal or civil penalties, breaches of conditions of service can lead to administrative consequences, including but not limited to, reprimands, financial penalties, or other corrective measures as deemed appropriate by the ADF. These consequences are not detailed within the text of the determination but are governed by the broader Defence Act 1903 and associated regulations.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Delegated & Subordinate Legislation
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.