Defence Determination, Conditions of service Amendment Determination (No. 4) 2026

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 4) 2026

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) 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 remote location leave travel provisions to enable members performing duty in remote locations to do the following.
  • To take their remote location leave travel benefit during a period when they are not required for duty, which includes stand down periods.
  • Transfer their child’s remote location leave travel benefit to a close family member to enable the close family member to visit the member or their resident family.
  • Travel to another capital city other than to a prescribed destination on a remote location leave travel benefit.
  • Book travel with an alternative travel service provider for comparative cost efficiency when travelling on a remote location leave travel benefit.
• This Determination also makes 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: Recruitment and Retention Projects, Military Personnel Branch, Defence Travel Services, Defence Travel Policy, Defence Tax Management Office.
• Schedule 2: The rule maker was satisfied that the changes made by this Schedule are technical in nature and consultation was not required.

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

Annex A

Defence Determination, Conditions of service Amendment Determination (No. 4) 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 2 of the Determination commence on 9 April 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—Remote location leave travel amendments

Item 1 repeals and substitutes section 9.4.23 of the Principal Determination, which provides the purpose of Division 4 of Part 4 of Chapter 9. The section has been amended to expand the purpose of remote location leave travel to include enabling a close family member to visit the member and their resident family at the remote location. This is consistent with the changes made to the substantive provisions dealing with the remote location leave travel benefit.

Item 2 repeals and substitutes section 9.4.25A of the Principal Determination, which provides that a person can only use one remote location leave travel benefit for each journey they are taking. The section has been amended to include the requirement that the member can only use a remote location leave travel benefit when they are not required for duty, including during an authorised absence or the stand-down period.

Item 2 also inserts section 9.4.25B, which consolidates provisions in various sections within Division 4 of Part 4 of Chapter 9 of the Principal Determination relating to the value of remote location leave travel benefit that a member is eligible for. The new section provides that the value of the benefit is either of the following.

• The best fare of the day if the travel is booked by Defence.
• The lesser of the actual cost incurred by the member and the normal departmental liability as described under section 9.1.8.

Items 3 to 6 and 9 repeal and substitute a number of subsections of the Principal Determination, which provide the remote location leave travel benefits for a member and their resident family when different circumstances apply. The subsections which relate to the transfer of a remote location leave travel benefit have been amended to provide that a transferred benefit is for the value of that benefit, which has been provided by section 9.4.25B inserted by item 2 of this Schedule. The subsections have also been amended to clarify whom a benefit may be transferred and that the transfer must be in writing.

Items 7 and 10 insert new subsections 9.4.30.8 and 9.4.31.9 into the Principal Determination, which add specified decision makers within Defence who can approve the transfer of a recreation leave travel benefit to a member of the member’s family or household if satisfied that exceptional circumstances apply. These changes are consequential to decision points being moved within the section made by items 6 and 9 of this Schedule.

Item 8 repeals subsection 9.4.31.2B from the Principal Determination, which provides that a member and their accompanied resident family may only travel to Darwin during the COVID-19 pandemic. This subsection has been repealed, as it is no longer required.

Items 11 to 13 amend section 9.4.32 of the Principal Determination, which provides that a member or their resident family may choose to use their remote location leave travel benefit to travel to another destination or to purchase a holiday package. The section has been restructured to provide a more logical flow of the provisions and includes the following changes.

• Subsection 1 provides how a benefit can be offset, either by travel to another destination or by the purchase of a holiday package.
• Subsection 2 provides the maximum amount payable for travel under the section, which was previously provided under subsection 5. References to ‘package tours’ have been amended to ‘holiday package’ to allow a member more flexibility when offsetting their remote location leave travel benefit to a holiday package. Reference to travel not taken during the COVID-19 pandemic has been removed.
• Subsection 3A has been renumbered to subsection 3 and a reference to paragraph 2.a has been included. The provisions in this subsection only apply to the travel under paragraph 2.a, and the inclusion of the reference ensures that it is not used for other travel under the section.
• Subsection 5 consequential to the inclusion of the provisions in subsection 2. The subsection is no longer required.

Schedule 2—Miscellaneous amendments

Items 1 to 7 make technical amendments to various sections within the Principal Determination to correct numbering errors and typographical or grammatical errors. These changes are technical in nature and do not alter the underlying policies, or the benefits which are currently provided.

Item 8 promotes consistency in the representation of the term ‘decision maker’.

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

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 4) 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:

• Amend the remote location leave travel provisions to enable members performing duty in remote locations to do the following.
  • To take their remote location leave travel benefit during a period when they are not required for duty, which includes stand down periods.
  • Transfer their child’s remote location leave travel benefit to a close family member to enable the close family member to visit the member or their resident family.
  • Travel to another capital city other than to a prescribed destination on a remote location leave travel benefit.
  • Book travel with an alternative travel service provider for comparative cost efficiency when travelling on a remote location leave travel benefit.
• This Determination also makes 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.

Assessment of compatibility

Schedule 1 is compatible with human rights as it promotes just and favourable conditions of work by ensuring that members and their resident family are incentivised to utilise their remote location leave travel benefit by improving the benefit’s choices and flexibility as a part of the member’s conditions of service.

Schedule 2 makes amendments to the Principal Determination, which do not change the underlying policies or benefits. As such, they do 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.