Defence Determination, Conditions of service Amendment Determination (No. 20) 2025

Administered by Department of Defence

Legislation au F2025L01493 Not in force Legislative Instrument

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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

 

Authority:

Section 58B of the
Defence Act 1903

 


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.

 

Overview

The Defence Determination, Conditions of service Amendment Determination (No. 20) 2025 amends Defence Determination 2016/19, made under section 58B of the Defence Act 1903. This amendment, introduced by the Parliament of Australia, aims to clarify definitions related to the Sydney share-arrangement rental trial, enhancing the administration and understanding of benefits provided to members of the Australian Defence Force (ADF) and their families. The amendment ensures that the trial operates smoothly and that members eligible for the trial are clearly identified, thereby maintaining the integrity and effectiveness of the benefits system. The changes made are deemed technical and did not require consultation, reflecting the administration’s confidence in the minimal impact of these amendments on the broader benefits framework.

Scope and Application

The Defence Determination, Conditions of service Amendment Determination (No. 20) 2025 amends Defence Determination 2016/19, Conditions of service, which sets out the benefits and conditions of service for members of the Australian Defence Force (ADF) and their families. This Amendment Determination applies to members of the ADF who are approved to participate in the Sydney share-arrangement rental trial, specifically focusing on the definitions required for the proper functioning of this trial. The changes made by this Determination are technical in nature and do not alter the underlying policies or benefits provided to ADF members. These definitions include terms such as 'trial location' and 'change affected trial member', which are critical for the operation of the trial. The Determination is exempt from sunsetting, providing certainty and stability for the members, stakeholders, and administrators involved. The Amendment Determination does not extend to any other areas beyond the specific definitions required for the Sydney share-arrangement rental trial, and any further amendments or extensions of its application would be governed by subsequent legislative instruments.

Key Provisions

The Defence Determination, Conditions of Service Amendment Determination (No. 20) 2025 amends Defence Determination 2016/19, which outlines the conditions of service for members of the Australian Defence Force (ADF). Specifically, section 4 of the Amendment Determination (section 4) amends the Principal Determination by adding new definitions relevant to the Sydney share-arrangement rental trial. These definitions include terms like ‘trial location’ and ‘change affected trial member’ (Schedule 1, item 1). A ‘trial location’ is defined as a housing benefit location for the location to which a member is posted, excluding extended housing benefit locations. A ‘change affected trial member’ refers to a trial member who stops sharing a home with another trial member due to specified reasons. The definitions are crucial for the proper functioning and administration of the trial, which is designed to provide benefits to ADF members participating in the Sydney share-arrangement rental scheme. The Amendment Determination imposes specific obligations on ADF members who wish to participate in the Sydney share-arrangement rental trial. According to the new definitions, a member must be approved to participate in the trial and must occupy a rental property within the housing benefit location for their posting. The member must also start a new sharing arrangement with one or two other trial members to begin receiving the benefits of the trial. Additionally, members must comply with the conditions set out in the amended Principal Determination. These obligations are essential for ensuring that the trial operates smoothly and that the intended benefits are delivered to eligible members. Breach of the conditions set out in the Defence Determination, Conditions of Service Amendment Determination (No. 20) 2025 could lead to various consequences. While the Amendment Determination itself does not explicitly outline specific penalties or consequences for non-compliance, the overarching Defence Act 1903 and Defence Regulation provide the framework for addressing such breaches. Generally, breaches of the conditions of service may result in disciplinary action, administrative penalties, or other corrective measures as deemed appropriate by the relevant authorities. Given that the Amendment Determination is part of the Defence Act, any non-compliance could potentially lead to disciplinary proceedings under the Defence Force Discipline Act 1982, with penalties ranging from fines to more severe disciplinary actions such as dismissal from service, depending on the nature and severity of the breach.

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Area of Law
Defence Law
Instrument
Determination
Concepts
Definitions & Interpretation
Repeal & Amendment
Human Rights Law

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.