EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment Determination (No. 20) 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 insert definitions for the proper function of the Sydney share-arrangement rental trial.
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
The rule maker was satisfied that the changes made by this Determination as technical in nature and 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. 20) 2025
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that the instrument commences on the day the instrument is registered.
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—Miscellaneous amendments
Item 1 inserts section 7.8.2 and section 7.8.2A into the Principal Determination to provide the definitions that apply to Part 8 of Chapter 7 of the Principal Determination Division 1A, specifically definitions for ‘trial location’ and ‘change affected trial member’.
To become a trial member, a member needs to be approved to participate in the Sydney share-arrangement rental trial under the 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.
A change affected trial member is a trial member who ceases to share a home with another trial member for a specified reason.
Annex B
Defence Determination, Conditions of service Amendment Determination (No. 20) 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 insert definitions for the proper function of the Sydney share-arrangement rental trial.
Assessment of compatibility
Schedule 1 makes 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.