Defence Determination, Conditions of service Amendment Determination (No. 19) 2025

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 19) 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 definition of ‘family benefit location’ to clarify which locations do not qualify under the definition as a consequence of removals undertaken in specific circumstances.
• Extend the current removal benefit, including a privately arranged removal, available to members ceasing, or in advance of ceasing, continuous full‑time service to improve the transition experience of, and outcomes for, them and their families.
• Clarify that a member is not eligible for storage of their furniture and effects if they choose to occupy living-in accommodation while posted to a remote location.
• Amend the definition of ‘towable item’ specific to provisions relating to removal or storage of a towable item that is a recreation or hobby vehicle, to ensure consistency with the same defined term that applies generally to removal or storage of private vehicles and other towable items.
• Create the Sydney share-arrangement rental trial. The purpose of the trial is to enable single members to share rental accommodation that is closer to Defence establishments. The trial provides single members posted to establishments within the Sydney metropolitan area with an increased rent ceiling if they share with other trial members. The effect of the increase in rent ceiling is that they will receive more rent allowance. Members will be able join the trial if they are approved to participate on or before 31 December 2027.
• To amend the overseas reunion travel benefits to do the following.
  • Provide reunion travel benefits to a member when their recognised partner lives in another overseas location.
  • Specify the number of reunion travel benefits a member is eligible for when they have a recognised partner or dependent child who lives in the posting location overseas and no eligible persons living in Australia.
  • Make a number of technical amendments.
• Amend the definition of ‘accompanied resident family’ to include circumstances in which a member’s partner is a temporary resident of Australia and the conditions they must meet to be considered an accompanied resident family for the purpose of benefits.
• Update the salary increment placement for specialist aviation officers when they transfer to another pathway of competency stream within the Officer Aviation Pay Structure. The amendment provides a consistent approach across Navy, Army and Air Force and ensures the member is not detrimentally affected when the change pathways or competency streams.
• Clarify when a member is changing their Service residence for another Service residence that the removal they are eligible for is for furniture and effects.
• Make routine changes to casual meal charge rates for members when they are on a nonworking period or leave without pay.
• Provide the cost of meals for members who are occupying living-in accommodation while overseas.

Operational details

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

Incorporation by reference

The Determination makes references to the Defence Regulation 2016, Defence Force Discipline Act 1982 and Migration Act 1958, which are incorporated into the Determination as in force from time to time. Section 1.2.5A of the Principal Determination specifies that a reference to an Act of Parliament or a legislative instrument to which section 14(3) of the AI Act applies are incorporated as in force from time to time, unless otherwise stated.

Retrospective application

The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

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.

Additionally, if an ADF member is dissatisfied with a decision made by Toll under schedule 1 of this Determination, they can request an internal review from Toll through their case manager, or escalate to Defence for a review. This is in addition to a member’s right to submit a redress of grievance under Part 7 of the Defence Regulation 2016 if they disagree with the decision.

Consultation

Before this Determination was made, the consultation was undertaken with:

• Schedule 1: Joint Transition Authority, Directorate of People Policy Operations, Defence Tax Management Office, Defence Finance Group, Resource Management – Army, and the Directorate of Housing and Relocations. Toll Transitions were also specifically consulted on the amendments and provided feedback on Schedule 1 of this Determination confirming that the amendments could be applied as part of their operations.
• Schedule 2: The Defence People Committee, the Directorate of Housing and Relocations and Defence Housing Australia.
• Schedules 3 and 5: The Overseas Administration Team.
• Schedule 4: Defence Legal, Military Personnel Branch, Directorate of Relocations and Housing.

Defence did not receive any feedback from ADF members this Determination before it was signed.

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

Annex A

Defence Determination, Conditions of service Amendment Determination (No. 19) 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.
• Schedules 1 to 5 of the Determination commence on 4 December 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—Removals amendments

Item 1 amends section 1.3.12 of the Principal Determination, which provides the definition of ‘family benefit location’. The section is amended to clarify that a location will not be a family benefit location in circumstances where the member’s resident family received a removal to the location under section 6.5.46A or under Division 10 of Part 5 of Chapter 6.

Item 2 amends section 6.1A.2 of the Principal Determination, which provides defined terms used in Chapter 6. The section is amended to insert a new definitions for ‘accommodation for which rent allowance is payable’. The definition provides that it includes accommodation where the amount of rent allowance payable is zero. The amendment applies when the contribution payable by the member is greater than or equal to the amount of rent payable for the property.

Item 3 amends section 6.5.5 of the Principal Determination, which provides when a member is not eligible for a removal under Part 5 of Chapter 6 of the Principal Determination. The section is amended to repeal paragraph 6.5.5.1.b. This has the effect of extending eligibility for a removal to a member who is dismissed from the ADF under the Defence Force Discipline Act 1982.

Item 4 repeals and substitutes section 6.5.15 of the Principal Determination, which provides the circumstances in which a member is eligible for privately arranged removal under section 6.5.16 for a. The section is amended to enable a member who is eligible for a removal under Part 5 of Chapter 6 to receive the benefits if the private removal is for personal reasons or there are Service reasons that require the member to move urgently. A member who receives benefits for a privately arrange removal is not eligible to have their furniture and effects removed by the Commonwealth removalist.

The amendment inserts specified positions within Toll Transitions (Toll), among others, as a decision maker under this section. Toll is the current contracted service provider for Defence relocation services, which supports approximately 25,000 domestic and international relocations for ADF members, their families and Defence civilian employees annually. Enabling Toll to make these decisions provides ADF members with a more efficient and seamless customer service experience during their relocation. Providing ADF members with a single point of entry helps simplify the process, reduces duplication and improves the experience for ADF members and their families.

In accordance with the current contract, Toll must ensure that the services are delivered in accordance with the relevant Defence policy requirements set out in the Principal Determination. Relevant Toll employees are trained in all policy and standard operating procedures prior to commencing Case Management functions. Additionally, all Senior Case Managers are trained in understanding the Defence Decision Makers Handbook to comply with exercising delegation powers. Defence proactively engages with Toll to ensure that any policy changes are well consulted and understood. Under the relevant Contract Management Plan (CMP) with Toll, Toll is also required to provide Defence a number of reports related to removal and relocation benefits. This information is a key monitoring tool for the Defence to monitor Toll’s compliance with the Principal Determination.

The current Defence relocations contract with Toll expires on 30 June 2028. The Principal Determination is updated on a monthly basis, which enables the defined list of decision makers to be updated as circumstances change, including at the end of the contract for services. Consequently, it is not considered necessary to limit the conferral of discretionary powers on Toll employees to within the duration of Toll's contract.

Item 5 amends section 6.5.37 of the Principal Determination, which provides when a member is eligible for a removal to a home they will occupy in a remote location and when they are eligible for the storage of furniture and effects. A new subsection 6.5.37.4 is added to prevent a member who chooses to occupy living-in accommodation while posted to a remote location from being eligible for storage of their furniture and effects.

Item 6 amends section 6.5.45 of the Principal Determination, which provides the purpose of Division 6 of Part 5 of Chapter 6. The section is amended to include a note that advises that the removal of vehicles and towable items is provided under Part 5A of Chapter 6, which was previously provided under section 6.5.49 and repealed by item 16 of this Schedule.

Items 7 to 12 amend section 6.5.46 of the Principal Determination, which provides that a member who is ceasing continuous full‑time service is eligible for a removal in accordance with the table in subsection 3. The changes are as follows:

• Item 7 repeals subsection 1 as the eligibility for a removal under the section is already provided under subsection 3. It also repeals subsection 2, which provided the definition of subsidised accommodation. This definition is remade by item 12.
• Item 8 inserts the words on ‘ceasing continuous full‑time service’ after ‘a removal’ to clarify that a member is eligible for a removal when they cease continuous full‑time service. This change is consequential of the repeal of subsection 1 by item 6 of this Schedule.
• Item 9 and 10 repeal and substitutes table items 2, 3 and 6 in subsection 3 to omit references to the removal the member last received to their housing benefit location. This extends the removal benefit to a member who is relocating to a location within Australia but did not have a previous removal to their housing benefit location. The condition in column D of table item 6, which required the member to move before their unaccompanied resident family, is removed.
• Item 11 repeals and substitutes column C of table item 1 in subsection 4 to include a condition that the member may be granted a removal before receiving their discharge authority if the decision maker is satisfied that it is reasonable after considering the member’s circumstances.
• Item 12 adds a new subsection 5, which provides the following definitions.

• ‘Decision maker’ identifies the positions able to make decisions under section 6.5.46 and is added as a consequence of the change made by item 11 of this Schedule.
• ‘Subsidised accommodation’ is reinserted as a consequence of the change made by item 10 of this Schedule and is amended to include a note in paragraph c, which clarifies that accommodation for which rent allowance is payable has the same meaning given by section 6.1A.2.

Items 13 and 14 amend section 6.5.46A of the Principal Determination, which provides that a member who is ceasing continuous full‑time service and has unaccompanied resident family and no accompanied resident family is eligible for an additional removal depending on the removal they received under subsection 6.5.46.3. The amendments are as follows.

• Item 13 repeals subsection 1A to provide benefits to members who have received a removal under item 1 to 5 in the table in subsection 6.5.46.3. A new paragraph 1B is inserted to provide benefits to members who have received a removal under item 6 in the table in subsection 6.5.46.3.
• Item 14 repeals and substitutes subsection 2 to align with the changes made by item 13 of this Schedule.

Items 15 and 16 amend section 6.5.47 of the Principal Determination, which provides that a member who continues to serve beyond the date of their discharge authority is eligible for a removal as if the removal is from their housing benefit location immediately before their removal in advance of ceasing continuous full‑time service to their new housing benefit location. The amendments are as follows.

• Item 15 adds a note at the end of subsection 2. The note clarifies that if the member’s family remains in the location they received a removal to under section 6.5.46A and the member moves to a new housing benefit location because the member remains in service, the location the family remains in does not become a family benefit location, in line with the changes made by item 1 of the Schedule.
• Item 16 makes a minor punctuation amendment.

Item 17 repeals sections 6.5.48 to 6.5.49 of the Principal Determination for the following reasons:

• Section 6.5.48 provides the removal benefits for a member ceasing full-time service at their own request. The section is no longer required as section 6.5.46 applies to all members ceasing continuous full‑time service.
• Section 6.5.48A provides the contribution for a member who was eligible for a removal under section 6.5.48. The section is no longer required due to the repeal of section 6.5.48.
• Section 6.5.49 provides that a member is eligible for a removal of a vehicle if they are eligible for a removal under certain sections. The eligibility for a removal of vehicles is provided under Part 5A of Chapter 6 and this section is not required.

Item 18 amends section 6.5A.2 of the Principal Determination, which provides defined terms used in Part 5A of Chapter 6. The definition of ‘towable item’ is amended to expand the definition of towable item in section 6.1A.2 to include recreation or hobby vehicles that are capable of being towed by the member’s private vehicle for the purpose of Part 5A of Chapter 6.

Item 19 amends section 6.5A.3 of the Principal Determination, which provides the definition of ‘recreation or hobby vehicle’. The note in subsection 2 is amended to include a clarification that a recreation or hobby vehicle’s trailer must be registered and roadworthy, as provided in the definition of ‘towable item’ in section 6.1A.2.

Item 20 amends section 6.5A.16 of the Principal Determination, which provides that a member is eligible for removal benefits for up to 2 towable items on each posting. The section has is amended to replace ’towable vehicle‘ with ’towable item‘ to be consistent with the defined term of ‘towable item’ in section 6.5A.2.

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

Schedule 2—Sydney Share-arrangement Rental Trial

Item 1 inserts after the heading of Division 1A of Part 8 of Chapter 7 to the Principal Determination to create Subsivision1, which provides interpretation rules that apply to Division 1A.

Item 2 inserts after section 7.8.2 of the Principal Determination a new section that provides the definitions that apply to Division 1A. The section includes new definitions for the Sydney share-arrangement rental trial, including the definitions of ‘change affected trial member’, ‘trial location’, and ‘trial member’.

The item also inserts a new section 7.8.2A, which provides the substantive definition of ‘change affected trial member’. Change affected trial member are trial members who cease to share a home with another trial member for a specific reason.

Item 3 makes a technical amendment to the heading of section 7.8.3 of the Principal Determination. The item removes the term ‘definition’ from the heading.

Item 4 inserts after section 7.8.4 of the Principal Determination the following:

• Section 7.5.4A, a new definition for ‘trial member’. To become a trial member, a member needs to be approved to participate in the Sydney share-arrangement rental trial under the new section 7.8.4B. The rental property they occupy must be within the housing benefit location for the location to which they are posted; however, this cannot be an extended housing benefit location. Once approved the member will start to be a trial member when they start a new sharing arrangement with one or 2 other trial members in a rental property. A member does not start receiving the benefits of the trial until this occurs.

It is not permissible under the rules for a trial member to share with another person who is not a trial member.

• Subdivision 2, which provides key concepts relating to the Sydney share-arrangement rental trial, including:

• Section 7.8.4B, the approval to participate in the Sydney share-arrangement rental trial. This enables a member who does not have resident family or a recognised other person, is posted to an establishment in the trial location and is expected to start a new sharing arrangement to be approved to participate in the Sydney share-arrangement rental trial.

The member’s posting to an establishment that is trial location may include sequential postings to multiple establishments at a trial location, but will meet a minimum duration of 12 months from the time they commence the sharing arrangement.

• Section 7.8.4C, when a member ceases to be a Sydney share-arrangement rental trial member. This occurs when a member ceases to meet the requirements of a trial member in section 7.5.4A or gains resident family or a recognised other person.

Item 5 inserts after section 7.8.11A of the Principal Determination a new section that specifies the rent ceiling for a trial member. This section provides an increased rent ceiling for a trial member when compared to a non-trial member. If the member ceases to be a trial member, their rent ceiling becomes what is normally payable Part 8 of under Chapter 7, unless section 7.8.11C applies.

The item also inserts section 7.8.11C into the Principal Determination. The new section provides a grace period for a change affected trial member. In these circumstances, the member’s rent ceiling is increased to either 160%, or 97.5%, of the rate that applies to a member who is not sharing. The rate depends on whether the member continues to share with another trial member. The purpose of the increase in rent ceiling is to cover the rent, in part or full, the member who left the sharing arrangement was paying. The increase in rent ceiling applies for 28 days or a longer period set by the decision maker.

Item 6 amends section 7.8.14 of the Principal Determination, which specifies who cannot apply for an increase in their rent ceiling. The section is amended to include change affected trial members and trial members. This is as a consequence of the increased rent ceiling they receive under the Sydney share-arrangement rental trial.

Schedule 3—Overseas reunion travel amendments

Item 1 amends section 15.3.11 of the Principal Determination, which provides defined terms used within Division 3 of Part 3 of Chapter 15. The definition of ‘dependent child’ is amended to provide that a child living in Australia is a dependent child if they are a child under section 1.3.35 of the Principal Determination and they are under 18 years of age.

Item 2 amends section 15.3.12 of the Principal Determination, which provides the definition of ‘dependent tertiary student’. The section is amended to correct a typographical error.

Item 3 repeals and substitutes subsection section 15.3.13.2 of the Principal Determination, which provides when a person may be a recognised partner when they live in an overseas location that is not the member’s posting location overseas. The subsection is amended to remove references to the person being a member. This change will expand the application of the provision to allow for a member’s partner who is not a member and who lives in another overseas location to be a recognised partner.

Items 4 repeals and substitutes section 15.3.16 of the Principal Determination, which provides what a reunion travel benefit includes. The section is amended to specify that the travel that is provided for a reunion travel benefit is return travel.

Items 5 to 8 amend section 15.3.17 of the Principal Determination, which provides a reunion travel benefit to another overseas location. The following changes are made.

• Item 5 amends paragraph 15.3.17.1.a to clarify the location where the eligible person lives.
• Item 6 amends paragraph 15.3.17.1.b to specify that an eligible person is not permitted at the member’s posting location by Defence.
• Item 7 amends paragraph 15.3.17.2.a to provide that if an eligible person is travelling the reunion travel benefit can be between Australia and a location in another overseas country to reunite with the member.
• Item 8 inserts a new paragraph 15.3.17.2.c which provides that if both the member and the eligible person are travelling the reunion travel benefit is for the eligible person to travel between their location and a location in another overseas country.

Item 9 amends section 15.3.17E of the Principal Determination, which provides that a member who has no eligible persons is eligible for one reunion travel benefit during their posting period overseas. The section is amended to specify that the reunion travel benefit is to Australia.

Items 10 to 13 amend section 15.3.17G of the Principal Determination, which provides the number of reunion travel benefits a member is eligible for based on the eligible persons the member has. The following changes are made.

• Item 10 amends paragraph 15.3.17G.1.b, which provides that a member is eligible for 4 reunion travel benefits when they have a dependent child who lives in Australia and no recognised partner. The paragraph is amended to add a condition that the member must be receiving education assistance for their dependent child.
• Item 11 amends subparagraph 15.3.17G.1.c.ii, which provides that a member is eligible for 2 reunion travel benefits when they have a recognised partner who is on a long-term posting overseas in another location. The subparagraph is amended to remove the requirement that the recognised partner is on a long-term posting overseas. This change is consequential to the change made by item 3 of this Schedule.
• Item 12 amends paragraph 15.3.17G.1.c to provide that a member is eligible for 2 reunion travel benefits when they have a recognised partner or a dependent child living at the posting location overseas and no eligible persons who live in Australia.
• Item 13 amends subsection 15.3.17G.4, which provides that a reunion visit taken under specified sections of the Principal Determination reduces the number of benefits the member is eligible for under section 15.3.17G by one. The subsection is amended to include a reunion travel benefit taken to another overseas location under section 15.3.17.

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

Schedule 4—Miscellaneous amendments

Item 1 repeals and substitutes section 1.3.16 of the Principal Determination, which provides the definition of ‘accompanied resident family’. The following changes are made.

• Subsection 1 provides the following conditions which the decision maker must be satisfied the member’s partner meets for them to be considered the member’s accompanied resident family:

• That they live in a home with the member;
• That they either hold, or have applied for, a temporary visa that is expected to lead directly to the grant of a permanent visa.

• Subsection 2 provides definitions for ‘decision maker’, ‘permanent visa’ and ‘temporary visa’. The latter two are defined with reference to the Migration Act 1958 as in force from time to time.

Item 2 amends section 3.2.47U of the Principal Determination, which provides rules for the salary increment placement for Officer Aviation members who transfer between pathways and competency streams. The item repeals and substitutes paragraph 3.2.47U.2.c to provide that members retain their officer aviation increment if their increment is equal to, or higher than, the maximum increment for the pathway or competency they transfer to, regardless of service.

Item 3 amends section 4.3.2 of the Principal Determination, which provides definitions used within Division 1 of Part 3 of Chapter 4. The definition of ‘decision maker’ is removed consequential to changes made by Schedule 5 of Defence Determination, Conditions of service Amendment Determination (No. 18) 2025. The definition is no longer required.

Items 4 and 5 amend section 6.5.29A of the Principal Determination, which provides a removal benefit to a member who is a part of a dual serving couple when their partner receives a posting order to the same housing benefit location. The section has been amended to correct a numbering error and to amended to amend the position titles of decision makers within Toll Transitions.

Item 6 amends subsection 7.6.35.1A of the Principal Determination, which provides that a member is eligible for a removal when they are changing their Service residence for another Service residence. The subsection is amended to provide that the removal is of furniture and effects under Chapter 6 Part 5 Division 2 of the Principal Determination.

Item 7 amends section 7.9.5 of the Principal Determination, which provides when a member must pay the casual meal charge when eating in a mess, as well as the rates that apply depending on the member circumstance. The rates set out in subsection 7.9.5.2 for a member on a nonworking period or leave without pay are amended to reflect changes in how cost recovery for casual meals are calculated by Defence. The rates are reduced, therefore being beneficial to members when they eat a meal in a mess while on a nonworking period or leave without pay.

Items 8 and 9 amend section 15.2A.1 of the Principal Determination, which provides the simplified outline for Part 2A of Chapter 15. The following changes are made.

• Item 8 makes a grammatical amendment to complete a sentence.
• Item 9 replaces a reference to temporary accommodation in connection with section 15.2A.28 with living-in accommodation. This is a consequential amendment to changes made by item 9 of this Schedule.

Item 10 repeals and substitutes section 15.2A.28 of the Principal Determination, which provides meal benefits to members who occupy temporary accommodation because they are directed to occupy living‑in accommodation. The changes are as follows:

• The section’s heading is changed to ‘meal costs in living‑in accommodation’ to align with the section’s provision.
• The section is restructured to provide different rates for the costs of meals depending on the member’s circumstance and the availability of meals at the living-in accommodation. The rates are one of the following:

• The lesser of the daily amount for each day set out in Annex 13.3.A and the costs the member incurs for their meals on a day if meals are not provided or not available to purchase at the living‑in accommodation.
• The amount the member paid for meals at the living‑in accommodation if the member is maintaining a home for recognised dependants at the overseas posting location and meals are provided or available to purchase at the living‑in accommodation.

Schedule 5—Transitional provision

Clause 1 defines the Defence Determination for this Schedule as the Defence Determination 2016/19, Conditions of service, as in force from time to time.

Clause 2 provides that a member who was on a long-term posting overseas between 5 June 2025 and the commencement of Schedule 4 of this Determination is eligible to be reimbursed any travel costs for a reunion travel benefit that they would have been eligible for had the changes made by Schedule 4 of this Determination applied at the time. The clause also provides that the number of reunion travel benefits the member is eligible for under section 15.3.17G of the Defence Determination is reduced by the number of reunion travel benefits they are reimbursed for under subclause 2.

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 19) 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 definition of ‘family benefit location’ to clarify which locations do not qualify under the definition as a consequence of removals undertaken in specific circumstances.
• Extend the current removal benefit, including a privately arranged removal, available to members ceasing, or in advance of ceasing, continuous full‑time service to improve the transition experience of, and outcomes for, them and their families.
• Clarify that a member is not eligible for storage of their furniture and effects if they choose to occupy living-in accommodation while posted to a remote location.
• Amend the definition of ‘towable item’ specific to provisions relating to removal or storage of a towable item that is a recreation or hobby vehicle, to ensure consistency with the same defined term that applies generally to removal or storage of private vehicles and other towable items.
• Create the Sydney share-arrangement rental trial. The purpose of the trial is to enable single members to share rental accommodation that is closer to Defence establishments. The trial provides single members posted to establishments within the Sydney metropolitan area with an increased rent ceiling if they share with other trial members. The effect of the increase in rent ceiling is that they will receive more rent allowance. Members will be able join the trial if they are approved to participate on or before 31 December 2027.
• To amend the overseas reunion travel benefits to do the following.
  • Provide reunion travel benefits to a member when their recognised partner lives in another overseas location.
  • Specify the number of reunion travel benefits a member is eligible for when they have a recognised partner or dependent child who lives in the posting location overseas and no eligible persons living in Australia.
  • Make a number of technical amendments.
• Amend the definition of ‘accompanied resident family’ to include circumstances in which a member’s partner is a temporary resident and the conditions they must meet to be considered an accompanied resident family for the purpose of benefits.
• Update the salary increment placement for specialist aviation officers when they transfer to another pathway of competency stream within the Officer Aviation Pay Structure. The amendment provides a consistent approach across Navy, Army and Air Force and ensures the member is not detrimentally affected when the change pathways or competency streams.
• Clarify when a member is changing their Service residence for another Service residence that the removal they are eligible for is for furniture and effects.
• Make routine changes to casual meal charge rates for members when they are on a nonworking period or leave without pay.
• Provide the cost of meals for members who are occupying living-in accommodation while overseas.

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

Schedule 1 is compatible with human rights by extending removal assistance to members ceasing continuous full‑time service who would not have otherwise been eligible under the current provisions. While item 5 of the Schedule imposes a limitation on the availability of storage benefits to certain members, members remain eligible for benefits relating to the removal of their furniture and effects when they are required to relocate to remote areas as a part of their conditions of service.

Schedule 2 is compatible with human rights as it provides single members with greater choice and flexibility to share rental accommodation with other members as a part of their conditions of service when posted to establishments in the Sydney region.

Schedule 3 and 5 are compatible with human rights as they promote a member’s ability to maintain relationships with dependents, family and friends while they are on a long-term posting overseas by providing reunion travel benefits as a part of the member’s conditions of service.

Schedule 4 is compatible with human by:

• providing benefits to a member’s partner who is considered an accompanied resident family of the member because they live in a home with the member and intends to live in Australia permanently.
• providing that an Officer Aviation member suffers no detriment to their salary when they change pathways or competency streams as a condition of their service.
• reducing casual meal charge rates for members when they eat in a mess while on a nonworking period or leave without pay in line with how cost recovery for casual meals are calculated by Defence.
• providing a member who is directed by the CDF to occupy living‑in accommodation at their overseas posting location with the appropriate meal benefit according to their circumstances and the availability of meals at their accommodation.

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.

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.