EXPLANATORY STATEMENT
Defence Determination, Conditions of service Amendment Determination (No. 3) 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 extend special location allowance for members on long-term posting in specific locations in the Middle East as a consequence of the military conflict. Due to the volatile situation in the Middle East, flexibility is being provided to incorporate additional locations temporarily if the conflict extends beyond the locations specified in this Determination, or to suspend eligibility temporarily for special location allowance for a specific location for up to 60 days.
Operational details
Details of the operation of the Determination are provided at annex A.
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.
Consultation
Before this Determination was made, the consultation was undertaken with the Department of Foreign Affairs and Trade.
The rule maker was satisfied that further 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. 3) 2026
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides the Determination 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—Special location allowance amendment
Item 1 repeals section 16.8.2, which specified who Part 8 of Chapter 16 applied. This requirement is now specified in each section.
Items 2 to 4 amend section 16.8.3 of the Principal Determination, which provides a special location allowance for members on long-term posting to the Ukraine. The section has been amended to expand the payment of the allowance to members who are on long-term posting to specified locations within the Middle East. The following changes have been made.
- Item 2 amends the heading of the section 16.8.3 of the Principal Determination as a consequence of the changes made by item 3.
- Item 3 repeals and substitutes subsection 16.8.3.1 of the Principal Determination, which provides special location allowance for members posted to Kiev, Ukraine. The item does the following:
- Specifies the purpose the allowance: to recognise the additional hazards of service as a consequence of military conflict that is experienced by members in the specified areas.
- Provides a member on long-term posting in a listed location with special location allowance payable at the daily rate provided in the table for that location.
The rate of the allowance for the new locations is consistent with the rates paid by the Department of Foreign Affairs and Trade for a similar allowance for each location. The rate of special location assistance, when combined with location allowance for the same location, does not exceed the minimum amount of deployment allowance that would be payable if the member were deployed to that location.
- Item 4 inserts subsections 3 and 4 to provide flexibility to amend special location allowance quickly due to the volatile situation in the Middle East. Specifically the item does the following:
- Provides the ability to suspend eligibility for special location allowance for a location. This decision may be made if the hazard for which the allowance is payable improves so that the payment of special location allowance is no longer warranted. The subsection also provides the ability to add temporary new locations that may be effected by a hazard arising from military conflict that warrants the payment of special location allowance.
- Sets parameters for decisions made under the new subsection 3. These decisions must be made by notifiable instrument and expire after 60 days unless otherwise repealed. If the decision expires or is repealed, the decision ceases to have affect from the date it expired or is repealed.
- In addition, if a decision maker adds a new location, special location allowance is payable at the lowest rate specified in subsection 1A. If a higher rate is to be paid, it must be incorporated into the Principal Determination by way of an amending Determination.
Schedule 2—Transitional provisions
Clause 1 defines the Defence Determination for the purposes of this Schedule.
Clause 2 provides that if a member was on long-term posting at a location listed in subsection 16.8.3.1 of the Defence Determination between 25 February 2026 and the commencement of this Determination the member is eligible for the daily rate of special location allowance had the changes made by Schedule 1 of this Determination applied at the time. The transition provision does not apply to the rate of special location allowance for members on long-term posting in the Ukraine.
Annex B
Defence Determination, Conditions of service Amendment Determination (No. 3) 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 extend special location allowance for members on long-term posting in specific locations in the Middle East as a consequence of the military conflict. Due to the volatile situation in the Middle East, flexibility is being provided to incorporate additional locations temporarily if the conflict extends beyond the locations being determined by this Determination, or to suspend eligibility temporarily for a specific location or add a new location temporarily for up to 60 days.
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.
Assessment of compatibility
This Determination compatible with human rights as it promotes a member’s right to just and favourable conditions of work by providing a daily allowance in response to the hazards arising out of military conflict a member may experience in the location as a condition of the member’s service.
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.