Defence Determination, Conditions of service Amendment Determination 2021 (No. 3)

Administered by Department of Defence

Legislation au F2021L00187 Not in force Legislative Instrument

Legislation content

Defence Determination, Conditions of service Amendment Determination 2021 (No. 3)

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 which sets out provisions dealing with definitions and interpretation of concepts relevant to pay and conditions
  • Chapter 4 which sets out provisions dealing with allowances and reimbursements
  • Chapter 8 which sets out provisions dealing with members of the ADF and their dependants
  • Chapter 17 which sets out provisions dealing with warlike and non-warlike deployments

The purpose of this Determination is to:

  • Amend the provision relating to the CDF recognising a person as a dependant. The amendment limits the CDF from recognising a person as a member’s dependant under subsection 1.3.85.1 if the person is currently or was previously considered a child or partner of the member. The other provisions for recognising these people as a dependant are unchanged.
  • Amend section 8.5.5 to remove the formal review process by the Defence Community Organisation in situations where emergency support is approved, as this process is no longer in place. The section is also redrafted to bring it into line with contemporary drafting standards.
  • Increase the base rates of Deployment Allowance by 2%. The salary and salary related allowances in the Workplace Remuneration Arrangement will be increased by 2% as part of Defence plans to reshape and reskill the ADF workforce to transition to new platforms and build capacity in emerging capabilities such as cyber, intelligence, electronic warfare and space. Consistent with this, the maximum amount of reimbursement for an additional risk premium on insurance is also increased by 2%.

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

Section 2 provides that sections 1 to 4 of this instrument and anything in this instrument not elsewhere covered by the table commences on the day after the instrument is registered, Schedules 1 and 2 of commence on 4 March 2021 and Schedule 3 commences on 13 May 2021.

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—Dependants recognised by CDF amendments

Sections 1 and 2 amend section 1.3.85 of the Principal Determination which sets out the conditions where the CDF may recognise a person as a dependant. The following amendments have been made.

  • Section 1 amends subsection 1.3.85.1 of the Principal Determination. The subsection has been amended to provide to make subsection 1 subject to the conditions in new subsection 1A inserted by this Schedule.
  • Section 2 inserts a new subsection 1.3.85.1A into the Principal Determination. The subsection has been inserted to prevent persons who are currently or who are no longer considered to be a child or partner of the member under subsections 1.3.81 and 1.3.88 respectively from being recognised as a dependant of the member under subsection 1.3.85.

Schedule 2—Emergency Support for Families Scheme amendments

Section 1 omits and substitutes section 8.5.5 of the Principal Determination which provides the type of assistance that may be offered when emergency support has been approved. The section has been amended to remove the process for a formal review after emergency support is provided, which is redundant. There is no change in the types of support offered. The section was also redrafted in line with contemporary drafting standards.

Schedule 3—Deployment allowance and additional risk life insurance amendments

Section 1 amends subsection 4.10.4.1 of the Principal Determination which provides the amount of additional risk premium that the member may be reimbursed. The subsection is amended to change the reference to ‘$2,533’’to ‘$2,584’ to increase the amount by 2% in line with the increases to ADF salary and salary related allowances.

Section 2 omits and substitutes the table in subsection 17.7.6.1 of the Principal Determination. The table sets out the daily rate of allowances members are eligible to receive for different operations. The allowances in the table are increased by 2% in line with the increases to ADF salary and salary related allowances.

 

Consultation

Navy, Army and Air Force were all consulted in the making of Schedule 1.

The changes within Schedules 2 and 3 are technical in nature or routine rate changes and the rule maker was satisfied that external consultation was not required.

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:

  • Amend the provision relating to the CDF recognising a person as a dependant. The amendment limits the CDF from recognising a person as a member’s dependant under subsection 1.3.85.1 if the person is currently or was previously considered a child or partner of the member. The other provisions for recognising these people as a dependant are unchanged
  • Amend section 8.5.5 to remove the formal review process by the Defence Community Organisation in situations where emergency support is approved, as this process is no longer in place. The section is also redrafted to bring it into line with contemporary drafting standards.
  • Increase the base rates of Deployment Allowance by 2%. The salary and salary related allowances in the Workplace Remuneration Arrangement will be increased by 2% as part of Defence plans to reshape and reskill the ADF workforce to transition to new platforms and build capacity in emerging capabilities such as cyber, intelligence, electronic warfare and space. Consistent with this, the maximum amount of reimbursement for an additional risk premium on insurance is also increased by 2%.

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.

Schedule 1 of this Determination advances the human right of just and favourable work conditions by enabling a decision maker to recognise a person as a dependant on the basis that the person has an interdependent relationship with a member. Narrowing the scope for the decision maker ensures the intent of the section is clear.

Schedule 3 of this Determination advances human rights by providing improved deployment allowance for members who are serving in warlike operations overseas. This will ensure deployment allowance will increase at the same rate as ADF salary and salary related allowances, so that members serving in warlike operations overseas are not disadvantaged compared to members serving domestically. The determination also advances human rights by improving the maximum amount of reimbursement for an additional risk premium on insurance by 2% to keep it in line with increases to ADF salary and salary related allowances.

The changes made by schedule 2 of this Determination are technical in nature and do not engage any human rights.

Conclusion

This Determination is compatible with human rights because, to the extent that it engages with human rights, it advances their protection.

 

Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions

 

Overview

The Defence Determination, Conditions of Service Amendment Determination 2021 (No. 3) was enacted to amend Defence Determination 2016/19, which sets out the conditions of service for members of the Australian Defence Force (ADF). This Determination was made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The primary objective of this amendment is to update various provisions to ensure they align with contemporary standards and operational requirements. Key changes include limiting the Chief of Defence Force's discretion in recognising dependants, removing an outdated formal review process for emergency support, and increasing deployment allowances and insurance premiums by 2% to match salary increases. The policy intent is to maintain just and favourable conditions of work for ADF members, ensuring their remuneration and benefits keep pace with evolving operational needs and workforce changes. The Determination ensures compatibility with human rights by advancing the protection of just and favourable work conditions, particularly through clear guidelines for recognising dependants and ensuring that ADF members receive adequate allowances and reimbursements. It also aligns benefits with salary increases, ensuring members are not disadvantaged. The changes made in Schedule 2 are technical and do not engage human rights. Overall, this Determination aims to maintain fair conditions of work, reflecting the ADF's commitment to its members' welfare and operational effectiveness.

Scope and Application

The Defence Determination, Conditions of Service Amendment Determination 2021 (No. 3) amends Defence Determination 2016/19, which sets out conditions of service for members of the Australian Defence Force (ADF). This Determination applies to members of the ADF and their dependants, and it amends various provisions concerning definitions, allowances, reimbursements, and deployments. The amendments are designed to clarify the recognition of dependants by the Chief of Defence Force, update emergency support provisions, and increase deployment allowances and related insurance reimbursements in line with salary increases. The amendments in Schedule 1 prevent the Chief of Defence Force from recognising a person as a member’s dependant if they are currently or were previously considered a child or partner of the member. Schedule 2 removes the redundant formal review process for emergency support and updates the drafting standards. Schedule 3 increases deployment allowances and insurance reimbursements by 2%, aligning these with salary and allowance increases within the ADF. The Determination has specific commencement dates for different sections, with some sections commencing immediately after registration and others on specific dates in early 2021. This Determination is subject to disallowance and is interpreted according to the Acts Interpretation Act 1901.

Key Provisions

The Defence Determination, Conditions of Service Amendment Determination 2021 (No. 3) primarily affects several key areas within the Defence Determination 2016/19. It amends Chapter 1, which concerns definitions and interpretations relevant to pay and conditions; Chapter 4, which deals with allowances and reimbursements; Chapter 8, which pertains to members of the Australian Defence Force (ADF) and their dependants; and Chapter 17, which outlines provisions for warlike and non-warlike deployments. Section 1 specifies how this Determination may be cited, while Section 2 outlines the commencement dates for various sections and schedules of this Amendment Determination. Section 3 confirms the authority of this instrument under section 58B of the Defence Act 1903, and Section 4 details the amendments and repeals specified in the Schedules. This Amendment Determination imposes specific obligations and requirements on the parties it governs. For example, it limits the Chief of Defence Force (CDF) from recognising a person as a dependant under certain conditions (Schedule 1). It also removes the requirement for a formal review process by the Defence Community Organisation when emergency support is approved (Schedule 2). Additionally, it mandates an increase in the base rates of Deployment Allowance by 2% and adjusts the maximum amount of reimbursement for an additional risk premium on insurance to align with increases in ADF salary and salary-related allowances (Schedule 3). These changes are intended to ensure clarity and fairness in the recognition of dependants and the provision of allowances and reimbursements. The Amendment Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, it is important to note that determinations made under section 58B of the Defence Act are disallowable legislative instruments and subject to the Legislation Act 2003. This means that any non-compliance with the provisions of this Amendment Determination could potentially be subject to the broader legal consequences outlined in the Legislation Act, which may include administrative or judicial review, depending on the nature and severity of the breach. The text does not provide specific maximum penalties but ensures that the changes align with contemporary drafting standards and human rights considerations.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Determination
Concepts
Definitions & Interpretation
Allowances & Reimbursements
Dependant Recognition
Emergency Support
Deployment Allowance
Reimbursement for Insurance Premiums

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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.