Defence Determination, Conditions of service Amendment Determination (No. 11) 2026

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 11) 2026

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:

• Expand the application of salary increment advancement and deferrals that apply to members posted to a seagoing nuclear powered submarine to include those who are posted to a shore based position as a part of their training continuum. This amendment is made in conjunction with the implementation of the decision of the Defence Force Remuneration Tribunal on Matter 7 of 2024.
• Repeal provisions providing a reduction in rent allowance for a member holding the rank of Major General as a consequence of the rule no longer having any application following a change in the classification of Service Residences.
• Repeal the definition of ‘specialist services’ from the ADF Family Health Program as the phrase is no longer used.
• Update the child supplement allowance, early childhood education assistance and location allowance rates which apply to members domestically and while posted overseas.
• Make technical amendments to consolidate various definitions provided in Chapters 12 to 16 of the Principal Determination into the provision under Part 3 of Chapter 12 that contains the definitions that have general application, to improve readability.

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 the Directorate of Remuneration Operations, Directorate of Nuclear & Conventional Submarine Workforce Development, Directorate of Personnel Policy Operations and Directorate of Relocations and Housing.

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

Annex A

Defence Determination, Conditions of service Amendment Determination (No. 11) 2026

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 of the Determination commences on 2 July 2026.

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—Miscellaneous amendments

Item 1 amends sections 3.2.47W and 3.2.47Y of the Principal Determination, which provide the purpose statement and application rules for Division 4B of Part 2 of Chapter 3 of the Principal Determination. The sections have been amended to include members posted to shore based positions that are a part of their training continuum. This enables the Division to apply to these members while participating in shore based training.

Item 2 repeals section 7.8.26 of the Principal Determination, which provides a reduction in rent allowance for a member who occupied a rental property that was similar to a class D Service residence. The rule is no longer operable as a consequence of a change to the classification of Service residences.

Item 3 repeals the definition of ‘specialist services’ at section 8.9.2 of the Principal Determination, which provides the definitions for Part 9 of Chapter 8. The definition has been repealed as it is redundant due to the defined term not being used within the Part.

Items 4 and 5 amends section 12.3.1 of the Principal Determination to insert or amend a number of definitions that currently exist across Chapters 12 to 16 of the Principal Determination that are of general application. These amendments are technical in nature and consequential to item 10 of the Schedule. The definitions are inserted in alphabetical order in accordance with section 11A of the Acts Interpretation Act 1901, which provides that the definitions be inserted in their appropriate alphabetical positions, determined on a letter-by-letter basis.

Item 6 amends section 15.2A.20 of the Principal Determination, which provides the rate of child supplement allowance for a child dependant living with a member at the overseas posting location. The section has been amended to update the respective rates for child supplement allowance in line with the average annual overseas salary as at the first salary payment in May of the relevant year.

Items 7 and 8 amend section 15.6.6D of the Principal Determination, which provides the definitions used in the Division. These items specifically amend the definition of ‘yearly benefit’. The formula for calculating the yearly benefit for a child dependant who is enrolled in an early childhood education facility at the member’s overseas posting location has been amended to update the value of ‘B’ in line with the consumer price index.

Item 9 amends section 16.2A.5 of the Principal Determination, which provides the rate of location allowance a member who meets the qualifying period in one or more of the qualifying locations are eligible for. The section has been amended to update the respective rates for the accompanied member and unaccompanied member depending on their hardship location grade in line with the average annual overseas salary as at the first salary payment in May of the relevant year.

Item 10 repeals various provisions of the Principal Determination that contain definitions incorporated into section 12.3.1 by item 4 of this Schedule.

Technical amendments made under this Schedule do not alter the underlying policies, or the benefits that are currently provided.

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 11) 2026

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:

• Expand the application of salary increment advancement and deferrals that apply to members posted to a seagoing nuclear powered submarine to include those who are posted to a shore based position as a part of their training continuum. This amendment is made in conjunction with the implementation of the decision of the Defence Force Remuneration Tribunal on Matter 7 of 2024.
• Repeal provisions providing a reduction in rent allowance for a member holding the rank of Major General as a consequence of the rule no longer having any application following a change in the classification of Service Residences.
• Repeal the definition of ‘specialist services’ from the ADF Family Health Program as the phrase is no longer used.
• Update the child supplement allowance, early childhood education assistance and location allowance rates which apply to members domestically and while posted overseas.
• Make technical amendments to consolidate various definitions provided in Chapters 12 to 16 of the Principal Determination into the provision under Part 3 of Chapter 12 that contains the definitions that have general application, to improve readability.

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.

Right of a child to an adequate standard of living

Recognise the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development engages Article 27 of the Convention on the Rights of a Child. Article 27 states Parties shall take appropriate action to assist parents and others responsible for a child, to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

Right of the child to education

The protection of a child’s right to education engages Article 28 of the Convention on the Rights of a Child. Article 28 requires States to provide access to different types of education.

Assessment of compatibility

Item 1 of Schedule 1 is compatible with human rights as it enables the continuation of rules that apply to nuclear qualified submariners in relation to their salary advancement while they are posted to a shore based position as a part of their training continuum. This is provided as a part of their conditions of service.

Items 6 to 9 of Schedule 1 are compatible with human rights as it promotes just and favourable conditions of work and recognises the right of the member and their family to an adequate standard of living by providing members with location allowance and child supplement allowance that align with the current cost of living as a part of the member’s conditions of service. The items also promote the right of the child to education through providing the member with assistance for their child’s early childhood education.

The remainder of Schedule 1 makes amendments to the Principal Determination which do not change the underlying policies or benefits. As such, it does not engage with any of the applicable rights or freedoms.

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.