EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment Determination (No. 13) 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 amend the contribution rate for member’s living-in at Homebush and North Strathfield.
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 Defence Finance Group, Security and Estate Group and Defence Housing Australia. Further consultation is not considered necessary in the annual housing and associated rates adjustment. This is a routine change to housing contributions and allowances.
The rule maker was satisfied that further consultation was not required.
Approved by: | BRIG Kirk Lloyd Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Conditions of service Amendment Determination (No. 13) 2026
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides the that the Determination commences on 30 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—Living-in accommodation amendment
Item 1 amends subsection 7.4.29 of the Principal Determination which provides the rental contribution a member must make towards a single bedroom apartment accommodation in Homebush or North Strathfield. The fortnightly contribution is increased from $315.12 to $327.09 which is an increase of 3.8% in the rents sub-component of the Consumer Price Index over the 12-month period September 2024 to September 2025. This change was previously provided in item 2 of Schedule 1 of Defence Determination, Conditions of service Amendments (Living-in accommodation, housing contributions and allowances, and disturbance allowances) Determination (No. 8) 2026 but was unable to be made due to a misdescribed reference.
Annex B
Defence Determination, Conditions of service Amendment Determination (No. 13) 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 amend the contribution rate for member’s living-in at Homebush and North Strathfield.
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 an increase in a contribution rate payable by members for accommodation that is in line with increases in the national rental market and average rent for Defence Housing Australia managed properties.
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.