Defence Determination, Conditions of service Amendment Determination (No. 12) 2026

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 12) 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:

• Replace directly conferred decision makers in the Principal Determination with the Chief of Defence Force (CDF), as they will be consolidated into the ADF Pay and Conditions (Chief of the Defence Force) Authorisation (CDF IoA); and to make consequential amendments.
• Make technical amendments to the general definition of ‘removal’ in Chapter 1 of the Principal Determination to include a removal privately arranged, and to make consequential amendments.
• Move the definition of ‘utilities’ from Chapter 15 to Chapter 12 in line with the change made in the CDF IoA.

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:

• Schedule 2 items 1 to 4 and 11: Directorate of Relocations and Housing and Directorate of Personnel Policy Operations Overseas Administration Team, Pay and Administration Centre – VIC.
• The rule maker was satisfied that the changes made by this Determination are technical in nature and consultation was not required.

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

Annex A

Defence Determination, Conditions of service Amendment Determination (No. 12) 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.
• Schedules 1 and 2 of the Determination commences on 16 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—Decision maker amendments

Item 1 amends various provisions in the Principal Determination to remove references to ‘decision maker’ and ‘JHC decision maker’ and, where necessary, replace them with ‘CDF’, being the Chief of the Defence Force.

Item 2 repeals various provisions from the Principal Determination to remove definitions of ‘decision maker’ that are required to be removed consequential to the changes made under this Schedule.

Schedule 2—Miscellaneous amendments

Item 1 amends section 1.3.1 of the Principal Determination, which provides the interpretation of general terms used within Chapters 1 to 17. The item amends the definition of ‘removal’ to include privately arranged removal.

Items 2 to 4 repeal and substitute the following provisions within Part 5 of Chapter 6 of the Principal Determination relating to certain removals.

• Section 6.5.12, which provides that a member is eligible for removal of essential household items in advance of a removal of furniture and effects in certain circumstances. Item 2 restructures the section to update the drafting style and to ensure that it continues to operate as intended as a consequence of the amendments made by item 1 of this Schedule.
• Sections 6.5.15 and 6.5.16, which provides that a member is eligible for a privately arranged removal, instead of a removal by a Commonwealth removalist, if a member urgently required to move. Item 3 consolidates the sections and ensures they continue to operate as intended, as a consequence of the amendments made by item 1 of this Schedule.
• Section 6.5.83B, which provides that a person who is eligible for a removal is eligible for reimbursement of costs if they take a privately arranged removal of their furniture and effects on breakdown of a relationship. Item 4 restructures the section to update the drafting style and to ensure that it continues to operate as intended, as a consequence of the amendments made by item 1 of this Schedule.

Items 5 and 6 omit the number ‘1.’ from subsections 6.5.84B.1 and 7.3.6.1 of the Principal Determination as they are no longer necessary consequential to the repeal of subsections 6.5.84B.2 and 7.3.6.2 by item 2 of Schedule 1 of this Determination.

Items 7 and 8 insert the definition of ‘utilities’ into sections 12.3.1 of the Principal Determination, which provides the definitions of general application across Chapters 12 to 17, and as a new section 12.3.19, to align with the change made under Schedule 1 of this Determination.

Items 9 and 10 repeal the definition of ‘utilities’ in sections 15.1.3 and 15.1.8 of the Principal Determination as a consequence of the changes made by item 8 of this Schedule.

Item 11 amends section 14.3.5 of the Principal Determination, which provides a removal benefit to a member posted to an overseas location. The item updates the cross-references consequential to the amendments made by item 3 of this Schedule.

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

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 12) 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:

• Replace directly conferred decision makers in the Principal Determination with the Chief of Defence Force (CDF), as they will be consolidated into the ADF Pay and Conditions (Chief of the Defence Force) Authorisation (CDF IoA); and to make consequential amendments.
• Make technical amendments to the general definition of ‘removal’ in Chapter 1 of the Principal Determination to include a removal privately arranged, and to make consequential amendments.
• Move the definition of ‘utilities’ from Chapter 15 to Chapter 12 in line with the change made in the CDF IoA.

Human rights implications

Assessment of compatibility

This Determination make amendments to the Principal Determination which do not change the underlying policies or benefits. As such, this Determination 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.