Defence Determination, Conditions of service Amendment Determination (No. 16) 2025

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 16) 2025

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:

• Amend the daily rate of deployment allowance and the maximum rate of reimbursement for additional risk life insurance policy premiums by 3.4% in line with the ADF’s Workplace Remuneration Arrangement.
• Amend the overseas living allowances to clarify the impact of a member’s, and their dependants, leave or absence from the overseas posting location.
• Amend the provisions for the reimbursement of excess commuting costs to provide that the benefit applies to a member who has been directed to live 30km or more from their normal place of duty while on a long-term posting overseas.
• Replace the ‘benefit period’ with ‘academic year’ for the reimbursement of excess school transport costs.
• Amend the formula used to calculate a member’s rent ceiling when they are sharing, or boarding in, a home with 4 or more other people. 
• Amend the formula used to calculate the amount of rent allowance payable for a member who is sharing a home.
• Amend the reimbursement limits that a member can claim for the cost of equipment when they travel from Australia to an overseas location on short-term duty to provide for circumstances in which a member travels to New Zealand and other locations within 3 years.
• Clarify how additional travel benefit provisions are to be applied to a member who is on long-term posting overseas when they are posted on a consecutive long-term posting overseas, whether it be to a different overseas posting location or the same.
• Make a range of technical amendments, which provide clarity and improve readability within the Principal Determination.

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 1: The rule maker was satisfied that the changes made by this Schedule are technical in nature and consultation was not required.
• Schedule 2: Military Personnel Branch, Overseas Administration Team, Joint Health Command and the Department of Foreign Affairs and Trade.
• Schedule 3 and 5: Military Personnel Branch, Strategy, Policy and Industry Group, Australian Signals Directorate, Department of Foreign Affairs and Trade, Department of Home Affairs and the Australian Federal Police.
• Schedule 4 items 3 and 5: The Directorate of Personnel Policy Operations, Defence Relocations and Housing and Defence Housing Australia.

The rule maker was satisfied that the remainder of the changes made by this Determination are technical in nature and consultation was not required.

Annex A

Defence Determination, Conditions of service Amendment Determination (No. 16) 2025

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 6 November 2025.
• Schedules 2 to 5 of the Determination commence on 9 October 2025.

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—Additional risk premium and deployment allowance amendments

Item 1 amends section 4.10.4 of the Principal Determination, which provides the amount of reimbursement a member can receive for the additional risk premium portion of a life insurance policy. Subsection 4.10.4.1A has been amended to increase the maximum annual amount reimbursable from $2,977 to $3,079, increasing the reimbursement by 3.4% in line with the ADF’s Workplace Remuneration Arrangement.

Item 2 amends section 17.7.6 of the Principal Determination, which provides deployment allowance that a member is paid to compensate members for the hazard, stress and environmental factors they are likely to experience when force assigned on a warlike or non‑warlike deployment. The table in subsection 17.7.6.1 has been amended to increase the daily rates of the allowance by 3.4% in line with the ADF’s Workplace Remuneration Arrangement.

Schedule 2—Overseas living allowances amendments

Item 1 amends section 12.3.1 into the Principal Determination, which provides definitions for Chapters 12 through 17 of the Principal Determination. The amendment creates the definition of ‘accepted period’, to provide the periods that a member or their dependant may be temporarily absent from the posting location without their overseas living allowances being affected as follows.

• The period that the member is on a deployment, on short‑term duty overseas (for which they are not receiving meals and incidentals), or on a seagoing vessel;
• Up to a maximum of 56 consecutive days because the member or their partner is giving birth, or the member or their dependant is being medically evacuated.

Item 2 repeals and substitutes section 12.3.2 of the Principal Determination, which defines ‘accompanied member’, as a consequence of the changes made by item 1 of this Schedule. The section provides that a member’s partner must not be away from the posting location for longer than 28 consecutive days unless the temporary absence is because they are giving birth or they are being medically evacuated.

Item 3 repeals and substitutes the heading to Division 1 of Part 2A of Chapter 15 to better describe the contents of the amended Division, consequential to the amendments made by this Schedule.

Item 4 inserts section 15.2A.1 into the Principal Determination, which provides a simplified outline of Part 2A of Chapter 15.

Items 5, 7 and 8 respectively repeal and substitute the following sections of the Principal Determination to clarify the impact of a person’s absence from the posting location on overseas living allowances:

• Section 15.2A.11 is amended to include the following:

• A new subsection 2, which provides that if a member is on leave without pay, they are not eligible for cost of living adjustment.
• A note, which clarifies that section 15.2A.8 may affect the payment of cost of living adjustment
• A note, which clarifies that section 15.2A.25 may extend a member’s period of eligibility for cost of living adjustment in certain circumstances.

• Sections 15.2A.14 and 15.2A.19 have been amended to insert notes that assist the reader to understand the connection of the respective sections with sections 15.2A.8 and 152A.9, and sections 15.2A.23 to 15.2A.25.

Item 6 inserts a new subsection 15.2A.12A, which provides that if a member is on leave at half pay, the rate of cost of living adjustment is half the rate calculated under section 15.2A.12.

Item 9 repeals and substitutes section 15.2A.23 of the Principal Determination as a consequence of the changes made by item 1 of this Schedule. The section is redrafted to clarify the impact of temporary absences on a member’s overseas living allowances and to remove information, which is now provided under section 15.2A.24A, inserted by item 10 of this Schedule.

Item 10 repeals and substitutes section 15.2A.24 of the Principal Determination as a consequence of the changes made by item 1 of this Schedule. The section is redrafted to clarify the impact of temporary absences on a member’s overseas living allowances.

Item 10 also inserts a new section 15.2A.24A, which provides what happens to the payment of location allowance if there is a disruption to the person’s return to the posting location because of a requirement to isolate, travel restriction or limited travel opportunity in response to an infectious disease.

Item 11 repeals and substitutes section 15.2A.25 of the Principal Determination, which provides that a member, who permanently leaves the overseas posting location before their dependants, continues to be eligible for the overseas living allowance until certain dates are met. The amendment improved the readability of the section to provide clarity on the benefit. Item 12 repeals and substitutes section 16.2A.4 of the Principal Determination which provides when location allowance is payable to a member. The section is redrafted to clarify when the payment of the allowance is not payable on any day the member meets any of the specified conditions.

Item 12 also inserts a new section 16.2A.4A, which provides what happens to the payment of location allowance if there is a disruption to the person’s return to the posting location because of a requirement to isolate, travel restriction or limited travel opportunity in response to an infectious disease.

Item 13 repeals and substitutes section 16.2A.5 of the Principal Determination, which sets out the rate of location allowance payable to a member performing duty in a hardship location. The section has been amended as a consequence of the changes made by item 1 of this Schedule. The section also provides that if a member or their partner is temporarily absent from the hardship location on the day after an accepted period ends, the rate is the rate for an unaccompanied member.

Item 14 repeals various provisions within the Principal Determination as a consequence of the changes made by item 4 of this Schedule. The repeal of these provisions does not alter the underlying policies or the benefits that are currently provided.

Schedule 3—Excess commuting and school transport costs amendments

Item 1 repeals and substitutes section 15.3.8 of the Principal Determination, which provides that a member who uses a private vehicle may be eligible to be reimbursed excess travel costs for travel between their home and their primary place of duty. The section has been amended in the following ways.

• To provide that the section applies to a member who has been directed to live 30km or more from their primary place of duty. This amendment aligns the distance between the member’s home and their primary place of duty with that provided within Australia.
• To provide that a member’s eligibility for reimbursement is not affected if the member includes any routine stops during their travel between their home and their normal place of duty, for example: taking their children to school. However, any distance travelled outside of the most direct route will not be reimbursed.
• To provide that travel for more than one return trip or between other locations is not to be reimbursed.

Item 2 inserts a new section 15.6.1A into the Principal Determination to provide a definition of ‘academic year’ which applies in Part 6 of Chapter 15. The academic year is the period that commences on the first day of the teaching period and ends on the day before the first day of the next teaching period. This term is currently defined at section 15.6.17B of Division 2A of Part 6 of Chapter 15 and is being relocated so that it can be applied throughout the Part. This change allows the reimbursement period to reflect the teaching period of the overseas location where the child attends school.

Items 3 to 5 amend section 15.6.12 of the Principal Determination, which provides that a member is eligible to be reimbursed excess costs of school transport for their child. The section has been amended to change ‘benefit period’ to ‘academic year’ as provided under section 15.6.1A. The definition of ‘benefit period’ in subsection 15.6.12.3 has been repealed, as it is no longer required.

Item 6 amends section 15.6.17B of the Principal Determination, which provides defined terms used within Division 2A of Part 6 of Chapter 15. The section has been amended to remove the defined term of ‘academic year’ as a consequence of item 2 of this Schedule.

Schedule 4—Miscellaneous amendments

Item 1 amends the heading to the simplified outline of the Principal Determination, which provides the outline of what the Principal Determination does and how it works. The section heading is being amended to include a section number, which allows the section to be properly identified. This change is technical in nature and does not alter the underlying policies, or the benefits provided.

Items 2, 4, 8 and 9 amend various sections within the Principal Determination to correct typographical errors. These changes are technical in nature and do not alter the underlying policies, or the benefits which are currently provided.

Item 3 amends section 7.8.10 of the Principal Determination, which provides the rent ceiling for a member living in accommodation with no resident family or recognised other persons. Subsection 7.8.10.2A has been amended to clarify how the rent ceiling for a member who is sharing, or boarding with, 4 or more other people is to be calculated.

Item 5 amends section 7.8.20 of the Principal Determination, which provides how to calculate the rate of rent allowance for a member when they are sharing a home. Subsection 7.8.20.2 has been amended has been amended in the following ways:

• Subsection 7.8.20.2 provides the meaning of rent for the purpose of the section.
• Subsection 7.8.20.2A provides a simplified formula for calculating the amount of rent allowance payable using the definition of rent under subsection 2.

Items 6 and 7 amend section 13.3.18 of the Principal Determination, which provides the amount a member can be reimbursed for equipment costs when they travel from Australia on short-term duty overseas. The section has been amended in the following ways.

• Item 6 amends subsection 13.3.18.1 to provide clarity the reimbursement limits that apply to a member within a 3 year period if a member travels to both New Zealand and other countries in that period.
• Item 7 repeals subsection 13.3.18.2 as the information is now provided under subsection 1, and therefore can be removed.

Items 10 and 11 amend section 15.3.42 of the Principal Determination, which provides travel benefits to a member on a long-term posting overseas who is required to remain in the same posting location for an additional 12 months or more. The section has been amended in the following ways.

• Item 10 amends paragraph 15.3.42.1.b to clarify that the return travel from Australia can be from any location in Australia.
• Item 11 inserts a note under subsection 15.3.42.1 to provide clarity that the member is only eligible for the cost of travel up to the amount which would have been paid had the travel been from the posting location to the initial destination in Australia and return.

Items 12 and 13 amend section 15.3.44 of the Principal Determination, which provides travel benefits to a member on long‑term posting overseas who is posted for a consecutive posting for 12 months or more to a different overseas posting location. The section has been amended in the following ways.

• Item 12 inserts a note under paragraph 15.3.44.1.b to provide clarity that the member is only eligible for the cost of travel up to the amount which would have been paid had the travel been from the location they travelled to under paragraph a.
• Item 13 amends paragraph 15.3.44.1.b to clarify that the return travel from Australia can be from any location in Australia.

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

Schedule 5—Savings provision

Item 1 inserts a new subdivision into Division 2 of Part 2 of Chapter 1 of the Principal Determination which provides savings provisions relating to this Determination. The new subdivision saves the rules under section 15.3.8 amended by item 1 of Schedule 3 of this Determination for a member eligible for excess commuting costs. This means that the provisions which applied immediately before item 1 of Schedule 3 commenced continue to apply to the member until the earlier of the day the member’s long-term posting ceases or 30 June 2027.

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 16) 2025

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:

• Amend the daily rate of deployment allowance and the maximum rate of reimbursement for additional risk life insurance policy premiums by 3.4% in line with the ADF’s Workplace Remuneration Arrangement.
• Amend the overseas living allowances to clarify the impact of a member’s, and their dependants, leave or absence from the overseas posting location.
• Amend the provisions for the reimbursement of excess commuting costs to provide that the benefit applies to a member who has been directed to live 30km or more from their normal place of duty, extend the minimum distance that must be travelled by private vehicle for the reimbursement of excess commuting costs.
• Amend the benefit period for the reimbursement of excess school transport costs.
• Amend the formula used to calculate a member’s rent ceiling when they are sharing, or boarding in, a home with 4 or more other people. 
• Amend the formula used to calculate the amount of rent allowance payable for a member who is sharing a home.
• Clarify the reimbursement limits that a member can claim for the cost of equipment when they travel from Australia to an overseas location on short-term duty.
• Make amendments that clarify how additional travel benefit provisions are to be applied to a member who is on long-term posting overseas when they are posted on a consecutive long-term posting overseas, whether it be to a different overseas posting location or the same.
• Make a range of technical amendments which provide clarity and improve readability within the Principal Determination.

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.

Assessment of compatibility

Schedule 1 is compatible with human rights as it promotes just and favourable conditions of work by increasing allowance rates, ensuring they remain contemporary.

Schedule 2 is compatible with human rights as it promotes just and favourable conditions of work and adequate standard of living by ensuring that the member who is posted overseas and their family are assisted with adjusting to life overseas through the provision of overseas living allowances that are appropriate to their circumstances.

Schedule 3 is compatible with human rights as it promotes a member’s right to just and favourable conditions of work by providing a reimbursement of excess commuting and school transport costs which a member on a long-term posting overseas may incur.

Schedules 4 and 5 make amendments to the Principal Determination which do not change the underlying policies or benefits. As such, they do 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.