Defence Determination, Conditions of service Amendment Determination (No. 2) 2026

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 2) 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:

• Update additional transition benefits to provide consistency across the determination by:
  • Providing for the reimbursement of costs in exceptional circumstances for medical, psychological and dental services for members who have ceased continuous full-time service.
  • Providing an additional 4 months of housing assistance in exceptional circumstances to members who have ceased continuous full-time service.
• Relocate the provisions related to storage benefits when posted to a remote location from section 6.5.37 to Chapter 6 Part 5 Division 7, which provides rules for the storage of furniture and effects.
• Amends the definition of ‘accepted period’ to allow a period of temporary absence to be applied to allowances other than overseas living allowances.
• Provide for the relocation of a member’s pets in certain circumstances after the member has died.
• Amend the transfer allowance provisions to clarify the allowance payable to a member who occupied living-in accommodation before moving to another residence in the same location. The section has also been restructured to reflect contemporary drafting standards.
• Amend the definition of ‘accepted period’ to allow the definition to be used for allowances that do not fall within the overseas living allowances package.
• Amend the approved clubs to include a new club for Lebanon, and to remove the approved club for Vanuatu.
• Make a range of technical amendments, including typographical errors, 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, consultation was undertaken with:

• Schedule 1: Military Personnel Branch and the Joint Transition Authority.
• Schedule 2: Directorate of Personnel Policy Operations, Directorate of Relocations and Housing and Toll Transitions.
• Schedule 3: Directorate of Relocations and Housing, Military Personnel Branch – Service Conditions and Toll Transitions.
• Schedule 4: The rule maker was satisfied that the changes made by this Schedule are technical in nature and consultation was not required.
• Schedules 5 and 6: The Directorate of Attaché and Overseas Management, Military Personnel Branch, the Australian Submarine Agency and the Australian Signals Directorate.

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

Annex A

Defence Determination, Conditions of service Amendment Determination (No. 2) 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 commence on the day the Determination is registered.
• Schedules 1 to 6 of the Determination commence on 12 March 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—Additional transition period amendments

Item 1 repeals and substitutes Division 4 of Part 3 of Chapter 2 of the Principal Determination, which provides an additional transition period for members who are transitioning out of the ADF. The new Division provides that a member who ceases continuous full-time service is eligible for the reimbursement of costs relating to medical, psychological and dental services it there are exceptional circumstances. The new Division sets out the following.

• Section 2.3.26 provides the purpose of the Division.
• Section 2.3.27 provides defined terms used within the Division.
• Section 2.3.28 provides the members to whom this Division applies.
• Section 2.3.29 provides the reimbursement of costs that a member incurs for medical, psychological and dental services. To be eligible for reimbursement the decision maker must be satisfied that the member meets exceptional circumstances. Costs for medical, psychological and dental services provided more than 4 months after the member has ceased continuous full-time service cannot be reimbursed.

The extension of benefits for career transition, removals and housing have been removed from this Division as they are provided elsewhere in the Principal Determination.

Item 2 inserts a new section 7.1.9 into the Principal Determination. The new section provides the extension of the housing benefits a member who has ceased service in the Permanent Forces was eligible for immediately before their service ended. The member is eligible for housing benefits for up to an additional 4 months if the decision maker is satisfied that the member meets exceptional circumstances.

Schedule 2—Removal and storage on posting to a remote location amendments

Items 1 to 4 amend 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. References to storage benefits have been omitted from this section and relocated to Division 7 of Part 5 of Chapter 6, as a consequence of item 5 of this Schedule.

Item 5 inserts a new section 6.5.54AA into the Principal Determination, to provide storage benefits when a member is posted to a remote location. This new section provides the storage benefits that were provided under section 6.5.37, which have been omitted by items 1 to 4 of this Schedule. The new section provides the following:

• Subsection 1 provides that a member who is eligible for a removal under section 6.5.37 is eligible for the storage of the furniture and effects, which were not removed to the remote location.
• Subsection 2 provides that if a member chooses to occupy living-in accommodation while posted to a remote location they are not eligible for storage of their furniture and effects.
• Subsection 3 provides that the Commonwealth is not liable for the deterioration of furniture stored under tropical conditions.

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

Schedule 3—Pet relocation on death of a member amendments

Item 1 amends section 6.1.20 of the Principal Determination, which provides the purpose of Division 3 of Part 1 of Chapter 6. A note has been added to the section to alert readers that benefits for the relocation of a pet of a member who has died is provided in Subdivision 3 of Division 11 of Part 5 of Chapter 6. This is a consequential amendment to changes made by item 5 of this Schedule.

Item 2 inserts, after the heading of Division 11 of Part 5 of Chapter 6 of the Principal Determination, a heading to create Subdivision 1, which provides the general provisions relating to the removal of furniture and effects, and the relocation of pets that apply to the Division.

Item 3 repeals and substitutes section 6.5.84 of the Principal Determination, which specifies the purpose of the Division, which deals with removals following the death of a member. The amendments are as follows:

• Section 6.5.84 is repealed and substituted to expand the purpose of the Division to include pet relocation when a member dies.
• A new section 6.5.84A is added to provide the definition of ‘pet relocation’. Pet relocation is commercial transportation and boarding of a household pet by a service provider who meets specified conditions.
• A new section 6.5.84B is added to provides the following:
  • The time that the benefit for furniture and effects, and pet relocation must be taken following the death of a member. The new section incorporates provisions under section 6.5.87 to improve the structure of the Division, including the discretionary decision to enable a decision maker to extend the period of time under paragraph 1.a. For the purpose of this section, decision maker is a defined term.

Item 4 inserts before section 6.5.85 of the Principal Determination a heading to create Subdivision 2. Subdivision 2 provides the eligibility and benefits for the removal of furniture and effects if a member dies.

Item 5 inserts after section 6.5.86 of the Principal Determination Subdivision 3. The new subdivision provides the eligibility and benefits for pet relocations if a member dies. The subdivision provides the following:

• Section 6.5.86A provides the eligibility for pet relocation for a member’s accompanied resident family and defines the decision makers for the section. To be eligible for a benefit, the CDF or a decision maker must be satisfied that costs are reasonable. A number of considerations are specified for making that decision.
• Section 6.5.86B provides the eligibility for the relocation and boarding of a pet if a member who has no accompanied resident family dies.
• Section 6.5.86C provides how a pet relocation benefit is paid.

Item 6 repeals section 6.5.87 of the Principal Determination, which provides the time limit in which a removal of furniture and effects is to occur following the death of a member. The item repeals the section as a consequence of the inclusion of section 6.5.84B by item 3 of this Schedule.

Schedule 4—Transfer allowance amendments

Item 1 repeals and substitutes section 14.3.18 of the Principal Determination, which provides the payment of transfer allowance, to assist a member with miscellaneous costs associated with an overseas removal. The section has been amended to replace a single table, which has subheadings that provide the types of postings, with subsections to reflect contemporary drafting standards. The new section provides the following:

• Subsection 14.3.18.1 provides the conditions for, and the rates of, transfer allowance for a member moving between Australia and a location overseas.
• Subsection 14.3.18.2 provides the conditions for, and the rates of, transfer allowance for a member moving between a location overseas and Australia.
• Subsection 14.3.18.3 provides the conditions for, and the rates of, transfer allowance for a member moving between different locations overseas.
• Subsection 14.3.18.4 provides conditions for, and the rates of, of transfer allowance for a member moving within the same location overseas. This subsection includes the rates of transfer allowance for a member who occupied living-in accommodation before moving to another residence in the same location, which is not currently provided for.
• Subsection 14.3.18.5 provides that if a member meets more than one condition for a removal under subsections 1, 2 or 3, the member is eligible for the higher rate of transfer allowance. It also provides that if the member and any dependants move to a new location at different times, the member remains eligible for the payment of transfer allowance as if they and their dependants had moved at the same time.

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

Schedule 5—Miscellaneous amendments

Item 1 amends section 3.4.2 of the Principal Determination, which provides the definition of terms used within Part 4 of Chapter 3. The item omits the words ‘Direct Entry’ in paragraph c of the definition of ‘service obligation’ to align the pathway entry with the changes that applied in 2019 regarding a member’s initial service obligation upon entry.

Items 2 to 5, and items 7 and 8 make minor technical amendments to various sections within the Principal Determination to correct numbering errors and typographical or grammatical errors.

Item 6 amends the definition of ‘accepted period’ in section 12.3.1 of the Principal Determination, which provides the periods when a member is temporarily absent from the overseas posting location when the payment of overseas living allowance is not affected. The definition has been amended to remove reference to overseas living allowance to allow the definition to be used for other overseas allowances.

Items 9, 10, 12, 14 and 17 amend various provisions within the Principal Determination to update references to “South Korea” to “Republic of Korea” as it has been officially referred to in the list of United Nations Member States. The following amendments are made as a result of alphabetisation:

• Item 9 inserts table items 65A and 65B in Part 1 of Annex 13.3.A of the Principal Determination.
• Item 10 inserts table items 65A and 65B in Part 2 of Annex 13.3.B of the Principal Determination.
• Item 12 inserts table item 31A in Annex 15.6.A of the Principal Determination. Item 12 also removes the benchmark school Seoul Foreign British School from column E of the item relating to Republic of Korea as Seoul Foreign British School no longer has a high school component. Seoul Foreign School is now the only benchmark school for secondary level.
• Item 14 inserts item 20A in the table under subsection 15.8.2.2 of the Principal Determination.
• Item 16 inserts table items 42AA to 42AF in Annex 16.B of the Principal Determination.

Item 11 repeals and substitutes section 14.3.3 of the Principal Determination, which provides that if a member and their partner are both eligible for removal benefits, only the member who is receiving overseas living allowances is eligible for a removal. The item updates the heading with the modern usage and the substantive provision has been contemporised to promote the use of modern drafting practices, which is non-legislative.

Items 13 and 15 amend the table in subsection 15.8.2.2 of the Principal Determination, which provides the approved clubs for the member’s posting location overseas. The following changes have been made:

• Item 13 inserts Lebanon as a new posting location overseas and provides that the approved club of Fitness Zone, Beirut.
• Item 15 removes Vanuatu from the table following the closure of the approved club of the Warwick Le Legon Resort and Spa.

Item 17 repeals the following provisions as a consequence of the respective changes made by items 9, 10, 12, 14 and 16:

• Table items 73AA and 73AB of Part 1 of Annex 13.3.A of the Principal Determination;
• Table items 73AA and 73AB of Part 2 of Annex 13.3.A of the Principal Determination;
• Table item 36 of Annex 15.6.A of the Principal Determination;
• Table item 24 under subsection 15.8.2.2 of the Principal Determination;
• Table items 49AA to 49B of Annex 16.B of the Principal Determination.

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

Schedule 6—Transitional provisions

Clause 1 defines the Defence Determination for the purposes of this Schedule.

Clause 2 provides a transitional provision for a member who was posted to Lebanon between 17 September 2025 and the commencement of Schedule 5 of this Determination. The member is eligible for the cost of the club membership they would have been eligible for had the changes made by Schedule 5 of this Determination been in force between 17 September 2025 and the commencement of Schedule 5 of this Determination.

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 2) 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:

• Update additional transition benefits to provide consistency across the determination by:
  • Providing for the reimbursement of costs in exceptional circumstances for medical, psychological and dental services for members who have ceased continuous full-time service.
  • Providing an additional 4 months of housing assistance in exceptional circumstances to members who have ceased continuous full-time service.
• Relocate the provisions related to storage benefits when posted to a remote location from section 6.5.37 to Chapter 6 Part 5 Division 7, which provides rules for the storage of furniture and effects.
• Amends the definition of ‘accepted period’ to allow a period of temporary absence to be applied to allowances other than overseas living allowances.
• Provide for the relocation of a member’s pets in certain circumstances after the member has died.
• Amend the transfer allowance provisions to clarify the allowance payable to a member who occupied living-in accommodation before moving to another residence in the same location. The section has also been restructured to reflect contemporary drafting standards.
• Amend the definition of ‘accepted period’ to allow the definition to be used for allowances that do not fall within the overseas living allowances package.
• Amend the approved clubs to include a new club for Lebanon, and to remove the approved club for Vanuatu.
• Make a range of technical amendments, including typographical errors, 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.

Assessment of compatibility

Schedule 1 is compatible with human rights as it assists members with the cost of medical, psychological and dental services, and provides them with housing assistance who is transitioning out of the ADF to ensure that they can adjust to life and work outside of the ADF as a condition of their service

Schedule 2 is compatible with human rights as it provides for the continuation of storage benefits as a condition of the member’s service when they are posted to a remote location.

Schedule 3 is compatible with human rights as it provides the cost of the relocation of pets following the death of a member to ensure that a member’s possessions, including pets, are continued to be cared for and can be relocated to a person assuming responsibility for the pet. This is provided as a part of the member’s conditions of service.

Items 13 of Schedule 5 are compatible with human rights be ensuring members are not disadvantaged when on a long-term posting overseas by providing them access to specified clubs as a condition of service. This provides the member and their families with access to certain recreational facilities that may not otherwise be available in the posting location.

Schedule 4 and the remainder of Schedule 5 make 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.