Defence Determination, Conditions of service Amendment Determination 2024 (No. 10)

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination 2024 (No. 10)

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.

The Principal Determination is exempt from sunsetting under item 21A of section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. The exemption was granted as the instrument is a large and complex document that is subject to regular review and amendment. The exemption also provides certainty for members, stakeholders and administrators.

This Determination amends the Principal Determination which provides benefits for members of the Australian Defence Force (ADF) and their families as part of the member’s conditions of service. The Principal Determination provides a range of benefits that recognise the unique nature of military service and the obligations and limitations that military service places on members and their families. Members undertake service in both the domestic and overseas environments, including on deployments. Specific benefits are provided for each environment.

Purpose

The purpose of this Determination is to do the following:

• Enable a member to purchase additional recreation leave credits through two different methods: pay-as-you-go and credit in advance. Enabling the purchase of leave up front provides additional flexibility to members.
• Enable members to access recreation leave at half pay. This change forms part of phase 2 of the ADF leave reform being implemented in 2024.
• Provide a consistent means for calculating the payout figure for members who elect to have their recreation leave paid out when they cease period of continuous full-time service.
• Extend the time period for when an eligible person must occupy the home they purchase when a member is posted to a new location. This condition forms part of a member’s eligibility to assistance with the costs of purchasing a home under the Home Purchase Assistance Scheme (HPAS).
• Amend the time limit for when a member, who is ceasing continuous full‑time service or on a transition location agreement, or an eligible person must sign the contract for the sale of their home as a condition they must meet in order to claim assistance for the costs they incurred in the course of selling their home.
• Amend the time limit for when a member or an eligible person must sign the contract for the sale of their home to be eligible for Home Purchase or Sale Expenses Allowance (HPSEA) when the member ceases continuous full‑time service or is approved a transition location agreement.
• Update the rates of allowances for members who perform duty in locations in Australia that involve hardship. These updates are routine in nature and are made annually to align with the Consumer Price Index and the adjustments recommended by the Australian Public Service Commission.
• Remove exceptions clauses by writing them into the rules, as required. This is a part of the modernisation of the style of the Principal Determination.
• Makes technical amendments that:
  • Clarify references to the Defence Act and the Defence Regulations and to address other related technicalities.
  • Clarify the application of a number of deeming provision within the Principal Determination.
  • Make a range of miscellaneous amendments that remove non-legislative information, improve readability and promote the use of contemporary drafting styles.

Operational details

Details of the operation of the Determination are provided at annex A.

Human rights compatibility

The statement of compatibility under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 for this Determination is at annex B.

Review options

Decisions that are made under the Principal Determination, as amended by this Determination, may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation. Also, a person may make a complaint to the Defence Force Ombudsman.

Consultation

Before this Determination was made, the consultation was undertaken with Army, Navy, Air Force, the Directorate of Senior Officer Management, and Payroll Systems and Payroll Services Branch.

The rule maker was satisfied that further consultation was not required.

Annex A

Defence Determination, Conditions of service Amendment Determination 2024 (No. 10)

Operational details

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

Section 2 provides the following commencement dates:

• Sections 1 to 4 of the Determination commences on the day the instrument is registered.
• Schedule 1 to 3 and 5 to 7 of the Determination commence on 12 September 2024.
• Schedule 4 of the Determination commences on 7 November 2024.

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—Purchased recreation leave amendments

Item 1 repeals and substitutes Division 5 of Part 4 to Chapter 5 of the Principal Determination, which enables a member to purchase recreation leave credits. The amended Division provides a member with two different methods to purchase recreation leave credits. The pay-as-you-go method allows a member to accrue recreation leave credits as they are paid off. The credit in advance method allows a member to purchase recreation leave credits up front and pay them off over time. The Division includes the following.

• Section 5.4.21 which provides the simplified outline for the Division.
• Section 5.4.22 which provides the circumstances and rules for when a member can apply to purchase recreation leave credits. The section also provides how to apply, and what the decision maker has to consider, for an application to purchase recreation leave credits.
• Section 5.4.23 which provides that a member is not eligible to apply to purchase recreation leave credits in specific situations. The section provides that a member on a specific kind of service or with more than permitted amount of leave credits is not eligible to purchase more recreation leave credits.
• Section 5.4.24 which provides the limitations on a member’s application to purchase recreation leave credits. The section provides caps on the purchase of recreation leave credits for each application and in a financial year.
• Section 5.4.25 which provides the manner in which recreation leave credits purchased through the pay-as-you-go method are credited to the member. The section provides the calculation for the rate of accrual of the recreation leave credits depending on the number of days purchased and the pay periods nominated to pay the credit off.
• Section 5.4.26 which provides the circumstances in which a member’s pay-as-you-go arrangement will be cancelled and includes that it can be cancelled on request of the member. The section also provides that a cancelled pay-as-you-go arrangement ends both the payment and accrual of recreation leave credits.
• Section 5.4.26A which provides the manner in which recreation leave credits purchased through the credit in advance method are credited to the member.
• Section 5.4.26B which provides that if a member is no longer receiving salary, the unpaid balance of the recreation leave credits in advance will be recovered as a debt.
• Section 5.4.26C which provides the calculation for the payment of the purchased recreation leave credits. A note has been included, which further provides that payments are not affected by flexible service determinations or being posted to specific kinds of service when a member purchases recreation leave credits in advance.

Schedule 2—Recreation leave amendments

Items 1 to 5 amend section 5.4.31 of the Principal Determination which provides different ways a member can take recreation leave. The section is amended to include that a member can take their recreation leave at half pay. The item also makes various technical amendments to the section to improve readability, and remove information that is non-legislative in nature and does not need to be determined.

Item 6 amends section 5.4.32 of the Principal Determination which provides the conditions a member must satisfy before their supervisor approves their application for recreation leave. The section is amended to include conditions for when a member applies for recreation leave at half pay. The item also makes various technical amendments to the section to improve readability, and remove information that is non-legislative in nature and does not need to be determined.

Items 7 to 9 amend section 5.4.33A of the Principal Determination which provides how a member’s leave credits are reduced and by how much depending on what kind of recreation leave a member takes. The section is amended to include how a member’s leave credits are reduced when recreation leave at half pay is taken. The item also makes various technical amendments to the section to improve readability, and remove information that is non-legislative in nature and does not need to be determined.

Items 10 to 14 and 17 to 19 make amendments to various provisions in the Principal Determination to improve clarity and readability, and to promote the use of contemporary drafting styles, which are technical in nature and do not alter the underlying policies, or the benefits which are currently provided.

Item 15 amends section 5.4.36 of the Principal Determination which provides the rate of salary payable to a member who is on recreation leave. The section is amended to include the rate of salary payable to a member who takes recreation leave at half pay.

Item 16 amends section 5.4.37 of the Principal Determination which provides the rate of allowances payable to a member who is on recreation leave. The section is amended to include the rate of allowances payable to a member who takes recreation leave at half pay.

Item 20 amends section 5.4.44A of the Principal Determination which provides the means for calculating the payout figure for recreation leave credits when a senior officer who transitions ceases service in the permanent forces. Subsection 2 is amended to provide a calculation that includes an additional 2 days leave credits for every 5 days the member held at the relevant time. This is consistent with section 5.4.44 which applies to other members.

Schedule 3—Home sale or purchase amendments

Items 1, 5, 6, 7, 8, 9, 10, 11, 12 and 15 make technical amendments to various provisions in the Principal Determination, as follows:

• Items 1 and 6 repeal and substitute sections 7.3.8 and 7.3.16 respectively which provide the purpose of the division each is under. The amendments clarify the purpose of the benefits under the respective divisions.
• Item 7 repeals subsections 7.3.17.2 and 7.3.17.3 and inserts subsection 7.3.17.2 which provides that a member cannot also claim Home Purchase or Sale Expenses Allowance (HPSEA) if they claimed under the Home Purchase Assistance Scheme (HPAS) to purchase a home. This information has been relocated as a consequence of the changes made to section 7.3.16 by item 6 of this Schedule.
• Items 5, 8 to 12 and 15 make minor amendments to various sections under Part 3 of Chapter 7 to remove superfluous words, correct a typographical error and improve readability.

Items 2 to 4 amend section 7.3.13 of the Principal Determination which provides when an eligible person must occupy the home that they purchased to be eligible for HPAS. The amendments are as follows:

• Items 2 and 3 remove superfluous words and correct a typographical error in the table in subsection 7.3.13.1.
• Item 4 amends subsection 7.3.13.2 to extend the time period specified under column B of the table in subsection 7.3.13.1 from 12 months to 24 months if an eligible person is unable to occupy the home for a reason beyond their control.

Items 13 and 14 amend section 7.3.23 of the Principal Determination which provides when a member must sign a contract for the sale or purchase of their home for them to be eligible for reimbursement of the relevant costs. The amendments are as follows:

• Item 13 repeals and substitutes subsection 7.3.23.1 to make technical amendments and improve readability.
• Item 14 repeals and substitutes subsection 7.3.23.1A to extend the time for a member ceasing continuous full‑time service or on a transition location agreement in which the contract of sale of their home must be signed. The subsection is restructured to include the relevant time period as being between the day that is 12 months before, and the day that is 24 months after, the day that the member ceased continuous full‑time service.

Schedule 4—Location allowances amendments

Items 1 to 5, 7, 9, 10, 15, 17, 19 to 24, 33 and 34 make technical amendments to various provisions in the Principal Determination to remove superfluous words, correct typographical errors and improve readability, which do not alter the underlying policies, or the benefits that are currently provided.

Items 12 to 14, 16, 25 to 29, 31 and 32 amend Chapter 4 Part 4 Divisions 5 to 8 of the Principal Determination which provide the allowances for services in Antarctica. The Divisions are restructured for the following reasons, and are amended as follows:

• Items 12, 16, 27 and 31 remake the headings of Divisions 5 to 8 as subdivisions, bringing together allowances relating to service in Antarctica into a single division.
• Items 13, 25, 26, 29 and 32 amend pinpoint references and cross-references in various provisions in Divisions 5 to 8 as a consequence of the changes made by items 12, 16, 27 and 31.
• Item 14 adds definitions into section 4.4.25, which were originally contained in section 4.4.38 and subsequently repealed by item 32, as a consequence of the change made by item 31.
• Item 28 inserts section 4.4.36A to add a purpose statement relating to Common duties allowance under Division 7, now Subdivision 3, to create a provision structure parallel to other allowances relating to service in Antarctica.

Item 6 amends subsection 4.4.9.1 of the Principal Determination which sets out the rate of district allowance payable to members whose housing benefit location is a remote location. The amendment repeals and substitutes the table to provide the updated rates of allowance. The allowance rates are increased in line with the all groups component of the Consumer Price Index for the 12‑month period ending March 2024 and rounded to the nearest five dollars.

Item 8 amends subsection 4.4.19.2 of the Principal Determination which sets out the rate of Port Wakefield allowance payable to members who live at the Proof and Experimental Establishment at Port Wakefield. The amendment repeals and substitutes the table to provide the updated rates of allowance. The allowance rates are increased in line with the all groups component of the Consumer Price Index for the 12‑month period ending March 2024 and rounded to the nearest five dollars.

Item 11 amends section 4.4.24 of the Principal Determination which sets out the rate of Scherger allowance payable to members who live at RAAF Base Scherger. The amendment provides the updated rate of allowance. The allowance rates are increased in line with the transportation component of the Consumer Price Index for the 12‑month period ending March 2024 and rounded to the nearest five dollars.

Item 18 amends section 4.4.31 of the Principal Determination which sets out the rates for Antarctic allowance payable to members posted to, or serving in, Antarctica. The amendment repeals and substitutes the table to provide the updated annual rate of allowance. The allowance rates are increased based on advice from a contracted service provider.

Item 30 amends subsection 4.4.36.2 of the Principal Determination which sets out the rates for Antarctic allowance payable to members who are eligible for common duties allowance and performing duties that are additional and unrelated to their ordinary duties for a period in Antarctica. The amendment provides the updated annual rate of allowance. The allowance rates are increased based on advice from a contracted service provider.

Schedule 5—Removal of exception amendments

Items 1 and 2 amend section 4.9.6 of the Principal Determination which specifies the duties for which a member of the Reserves may be eligible to be paid at sessional rates. Specifically, the amendments do the following.

• Item 1 amends table items 7 and 8 in subsection 4.9.6.1 to remove rules that are provided in subsection 2. These are replaced with notes to alert the reader of the rules in subsection 2 the affect the application of the table items.
• Item 2 rewrites subsection 4.9.6.2, to remove the exceptions and the update the style. The exceptions are written into the rule.

Items 3 to 16 amend Annex 7.4.A of the Principal Determination which provides the licence to live in. The amendments are made to remove the exception clauses to update the styles. Specifically, the amendments do the following.

• Items 3 and 4 amends paragraph 7.4.A.2 of the Principal Determination which specifies what a member receives when they occupy living-in accommodation. The amendments write the exceptions into the rules.
• Items 5 and 6 amend section 7.4.A.7 of the Principal Determination which specifies what living-in accommodation may be used for. The amendments write the exceptions into the rules.
• Item 7 amends section 7.4.A.8 of the Principal Determination which provides the requirement to take reasonable care the living-in accommodation occupied the member. The amendment writes the exception into the rule.
• Items 8 and 9 amend section 7.4.A.13 of the Principal Determination which specify the excepted conduct of a member in relation to lighting, heating and cooking when they occupy living-in accommodation. The amendments write the exception in subsection 7.4.A.13.1 into the rule.
• Items 10 to 12 amend section 7.4.A.16 of the Principal Determination which specifies the conduct expected of members in relation to vehicle when they occupy living-in accommodation. The amendments write the exceptions in subsections 7.4.A.16.1 and 7.4.A.16.3 into the rules, creating a new rule at subsection 7.4.A.16.3A to replace the exception in subsection 7.4.A.16.3.
• Items 13 to 15 amend section 7.4.A.20 of the Principal Determination which provides rules about moving furniture and fittings while occupying living-in accommodation. The amendments write the exceptions in subsections 7.4.A.20.1 and 7.4.A.20.2 into the rules.
• Item 17 amends section 7.4.A.21 of the Principal Determination which specifies obligations when a member occupying living-in accommodation is to be absent from it for more than 21 days. The amendment writes the exception in subsection 1 into the rule.
• Item 18 amends section 7.4.A.22 of the Principal Determination which details inspection obligations when a member ends their occupancy of living-in accommodation. The amendment writes the exception in subsection 7.4.A.22.3 into the rule.

Items 19 amends section 9.1.4 of the Principal Determination which specifies when the most economical means of travel is by air. The amendment removes the exception for travel between Canberra and Nowra or Jarvis Bay, which is specified in a new rule made by item 20.

Item 20 inserts a new section after section 9.1.4 of the Principal Determination which specifies the most economical means for travel between Canberra and Nowra or Jervis Bay as being by self-drive hire car. This is made as a consequence to the amendment made by item 19.

Item 21 amends section 9.1.9 of the Principal Determination which specifies the class of travel in specific circumstances. The item repeals subsection 9.1.9.2 and remakes it, updating the drafting style and removing the exception by writing it into the rules. The rules no longer refer to rank, as the class of travel is not rank dependent.

Items 22 to 23 amend section 9.2.6 of the Principal Determination which refers to travel by the most economical means. Specifically, the items do the following.

• Item 22 numbers subsection 9.2.6.1.
• Item 23 repeals the exception.
• Item 24 inserts subsection 9.2.6.2 which remakes the exception as a rule that displaces subsection 9.2.6.2.1.

Items 25 to 27 amend Division 9 Part 3 to Chapter 9 of the Principal Determination which provides rules for the domestic Australians dangerously ill scheme. The amendments are made to remove the exception clauses to update the styles. Specifically, the amendments do the following.

• Item 25 amends section 9.3.71, which provides travel assistance, repeals and substitutes subsection 9.3.71.5, writing the exception into the rule.
• Items 26 and 27 amend section 9.3.74 which provides assistance with meals to people who travel. The amendments insert the exception as a new subsection to section 9.3.74.

Item 28 amends section 9.3.77 of the Principal Determination which provides the basic benefits that are available to resident family who travel following the death of a member. The amendment repeals and substitutes the cell at table item 2 under the heading “with the condition that…” to remove the exception, which is subsequently written into the rule.

Item 29 repeals and substitutes section 9.4.9 of the Principal Determination which provides the ability for a member to take recreation leave travel trips in advance of them being credited. The rule is remade to remove the exception, writing the exception into the rule at subsection 9.4.9.2.

Item 30 amends section 9.5.16 of the Principal Determination which provides accommodation for a member who is travelling on Defence business. The amendment repeals and substitutes subsection 9.5.16.1, writing the exception into the rule.

Items 31 to 33 amends section 9.5.19 of the Principal Determination which specifies when a member traveling on Defence business is not eligible to receive incidentals. Specifically, the items do the following.

• Item 31 numbers subsection 9.5.19.1.
• Item 32 repeals and substitutes paragraph 9.5.19.c, removing the exception.
• Item 33 repeals and substitutes paragraph 9.5.19.g, removing the exception, and inserts subsection 9.5.19.2 which provides the exceptions removed from paragraph 9.5.19.c. and 9.5.19.g.

Items 34 and 35 amends section 9.5.37 of the Principal Determination which specifies when a member who is eligible to receive traveling allowance is not eligible to receive incidentals. Specifically, the items do the following.

• Item 34 numbers subsection 9.5.37.1.
• Item 35 repeals and substitutes paragraph g, removing the exception, and inserts subsection 9.5.37.2 which provides the exceptions removed from paragraph 9.5.37.g.

Item 36 amends section 14.3.8 of the Principal Determination which provides a benefit for a member who is about to commence an overseas posting and sells items rather than moving them overseas or storing them in Australia. The amendment repeals and substitutes subsection 14.3.8.1, writing the exception into the rule.

Items 37 and 38 amend section 14.3.12 of the Principal Determination which specifies the types of items that cannot be removed in connection with an overseas removal. Item 37 repeals the exception from paragraph 14.3.12.3.g. Item 38 remakes the exception as a rule by inserting subsection 14.3.12.2.

Item 39 amends section 14.5.3 of the Principal Determination which provides for settling in allowance. Item 39 repeals and substitutes subsection 14.5.3.1, writing the exception into the rule.

Items 40 and 41 amend section 15.3.14 which provides for reimbursement of travel costs in connection with overseas reunion travel. Item 40 repeals and substitutes paragraph 15.3.14.1.a. and item 41 repeals and substitutes subsection 15.3.14.2. In both cases, the exception is written into the rule.

Item 42 amends section 17.7.6 of the Principal Determination which specifies the rate of deployment allowance. Item 42 repeals subsection 17.7.6.2 as it contains information contained elsewhere in the determination and does not need to be restated.

The above amendments are technical amendments made under this Schedule do not alter the underlying policies, or the benefits which are currently provided.

Schedule 6—Technical amendments

Item 1 amends the definition of ‘ceasing continuous full-time service’ in section 1.3.1 of the Principal Determination. The item removes the reference to service in relation to a transfer from the Permanent Forces to the Reserves as it is not required.

Item 2 repeals and substitutes the definition of ‘involuntary separation’ in section 1.3.1 of the Principal Determination. The amendment adds dismissal under the Defence Force Discipline Act as an exception to the general rule.

Item 3 amends section 2.2.3 of the Principal Determination which specifies who Part 2 of Chapter 2 applies to. The item repeals and substitutes subparagraph 2.2.3.c.i which is amended to clarify the source of power a notice is issued under the Defence Regulation.

Item 4 amends section 2.2.5 of the Principal Determination which provides benefits for members undergoing career transition. The item amends paragraph 2.2.5.1A.a to clarify the source of power a notice is issued under the Defence Regulation.

Item 5 amends section 2.3.3 of the Principal Determination which provides the purpose of Division 1 of Part 3 to Chapter 2. The item clarifies the source of power a notice is issued under the Defence Regulation.

Item 6 amends section 2.3.6 of the Principal Determination which provides additional payments to member being separated from the Defence Force due to redundancy. The item amends paragraph 2.3.6.1.a to clarify the source of power a notice is issued under the Defence Regulation.

Item 7 amends section 3.2.5 of the Principal Determination which specified when salary is paid for a member on continuous full-time service. The item amends paragraph 3.2.5.b to remove the reference to ‘discharge’, which is no longer used in the Defence Act or the Defence Regulation.

Items 8 amends section 3.2.13 to clarify that a member of the Reserves who is in one of the circumstances specified is taken to be on duty during the periods set out in corresponding columns of the table. 

Item 9 amends subsection 3.2.14.2 to clarify that a member of the Reserves is taken to be on duty if the CDF is satisfied that they:

• Are either commencing a rest or recovery period immediately after completing an arduous or prolonged period of duty or they are required to be away from their home location over a weekend, public holiday or rostered day off in order to perform duties during the days immediately before or after; and
• Are not engaged in any form of work, paid or otherwise, during the period of rest and recovery.

Item 10 amends section 3.2.15 to clarify that a member of the Reserves who attends a session under the Reserve Assistance Program is taken to be required to attend for duty and attending for duty for the period of the Reserve Assistance Program session if the specified conditions are met.

Item 11 amends subsection 3.2.30.3 to clarify how part days of duty count toward the amount of service needed to qualify for a salary increment when a member was taken to be attending for duty under sections 3.2.13 and 3.2.14 of the Principal Determination.

Item 12 amends section 3.3.21 of the Principal Determination which specified when a member must repay and stops receiving a retention bonus. The item amends subparagraph 3.3.21.1.d.i to require a bonus condition that the agreed period of service to be conducted in a specified position.

Item 13 amends section 3.3.22 of the Principal Determination which specified when a member stops being eligible for a completion bonus. The item amends subparagraph 3.3.22.1.d.i to require a bonus condition that the agreed period of service to be conducted in a specified position.

Item 14 amends section 3.4.11 of the Principal Determination which provides the eligibility requirements for accepting a continuation bonus. The item repeals and substitutes subsection 1 to clarify the references under which a notice is issued.

Item 15 amends section 3.4.12 of the Principal Determination which provides for the payment of a continuation bonus. The item amends the section to clarify the source of power a notice is issued under the Defence Regulation.

Item 16 amends subsection 3.6.6.2 to clarify how the specified number of days of additional paid leave are to be recorded when they are included in a member’s deliberately differentiated offer.

Item 17 amends subsection 5.5.6.4 to clarify that for the purpose of long service leave, a month is taken to be 30 days. 

Items 18 amends section 5.4.37 of the Principal Determination which provides rules for the payment of specified allowances while a member is on recreation leave. The item repeals and substitutes paragraph 5.4.37.2.d to clarify the source of power a notice is issued under the Defence Regulation.

Item 19 amends section 5.5.23 of the Principal Determination which provides rules for the payment of DFRT allowances while a member is on long service leave. The item repeals and substitutes paragraph 5.5.23.2.d to clarify the source of power a notice is issued under the Defence Regulation.

Item 20 amends the definition of rank in section 9.5.8 of the Principal Determination. The item removes reference to temporary rank, which is no longer used in the Defence Regulation.

Items 21 and 22 amend section 9.7.1 of the Principal Determination which provides the purpose of aircraft allowance in Part 7 of Chapter 9. Item 21 removes ‘involuntary separation from paragraph 9.7.1.b, which is inserted by item 22 after paragraph 9.7.1.1.c. Redundancy is also included in the new subparagraph 9.7.1.d.

Item 23 amends subsection 15.3.21.5 to clarify that for the purpose of calculating vehicle allowance, the kilometres travelled is taken to be the distance of the journey using the short direct route on suitable roads.

Item 24 amends subsection 15.4.24.2 to clarify that where a member is required to make a payment for living in substandard housing, the payment is taken to be a rent and utilities contribution.

The amendments made by this schedule are technical amendments and do not alter the underlying policies, or the benefits which are currently provided.

Schedule 7—Transitional provisions

Clause 1 provides the definitions which apply to the Schedule.

Clause 2 specifies provides transitional rules for members undergoing a career transition. The clause applies to member of the Reserves who received a notice under section 24(2) of the Defence Regulation 2016 on or after 14 March 2024 and before the commencement of this Determination. The 14 March 2024 is the date on which Defence Determination, Conditions of service Amendment Determination 2024 (No. 2) commenced. This enables the identified members to be eligible for benefits under Part 2 of Chapter 2 of Defence Determination if they were issued a notice on or after 14 March 2024 and before the commencement of this Determination.

Clause 3 provides specified members who have elected to have their recreation leave credits paid out to have the payout figure calculated as though Schedule 2 of this Determination applied to them.

Clause 4 repeals this Schedule on 1 July 26.

Annex B

Defence Determination, Conditions of service Amendment Determination 2024 (No. 10)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Overview of the Determination

The purpose of this Determination is to do the following:

• Enable a member to purchase additional recreation leave credits through two different methods: pay-as-you-go and credit in advance. Enabling the purchase of leave up front provides additional flexibility to members.
• Enable members to access recreation leave at half pay. This change forms part of phase 2 of the ADF leave reform being implemented in 2024.
• Extend the time period for when an eligible person must occupy the home they purchase when a member is posted to a new location. This condition forms part of a member’s eligibility to assistance with the costs of purchasing a home under the Home Purchase Assistance Scheme (HPAS).
• Amend the time limit for when a member, who is ceasing continuous full‑time service or on a transition location agreement, or an eligible person must sign the contract for the sale of their home as a condition they must meet in order to claim assistance for the costs they incurred in the course of selling their home.
• Amend the time limit for when a member or an eligible person must sign the contract for the sale of their home to be eligible for Home Purchase or Sale Expenses Allowance (HPSEA) when the member ceases continuous full‑time service or is approved a transition location agreement.
• Update the rates of allowances for members who perform duty in locations in Australia that involve hardship. These updates are routine in nature and are made annually to align with the Consumer Price Index and the adjustments recommended by the Australian Public Service Commission.

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 ensures 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.

Assessment of compatibility

This determination is compatible with human rights as it provides increased flexibility as to how they access and accrue benefits provided as a part of their conditions of service package. Specifically, the determination:

The determination also adjusts the rates of location allowances to reflect the current cost of living and compensation that are proportionate to the hardship members encounter at remote locations.

The remaining amendments made by this Determination do not engage any of the applicable rights or freedoms, as they make technical amendments only and does not change the underlying policy.

Conclusion

This Determination is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.