Defence Determination, Conditions of service Amendment Determination (No. 5) 2026

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 5) 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:

• Amend the definition of ‘guardian or housekeeper’ to provide that a person must live in the member’s residence to be recognised as a guardian or housekeeper.
• Amend the definition of ‘unaccompanied resident family’ to clarify when a member’s resident family who are children can be recognised as unaccompanied resident family.
• Repeal provisions that provided assistance to specific family members during their attendance at a coronial inquest. The coronial inquest that this assistance related to was completed in September 2015 and the benefits are no longer required.
• Implement the Partner Employment Assistance Program which provides a reimbursement of some costs associated with employment and training services that support the employability of a member’s partner.
• Expand the eligibility for a bereavement payment to a person financially dependent on a member of the Reserves who dies while on Reserve service.
• Enable members with adult children to be eligible for education assistance under Division 5 of Part 4 of Chapter 8 to the Principal Determination by including recognised other persons in the application provision relevant to the Division.
• Update the total threshold amount for calculating the amount a member may be reimbursed for excess costs they incur when using public transport to travel between home and work.
• Update the threshold for calculating the amount a member may be reimbursed for excess costs they incur for their child’s school transport when the child travels between home and school.
• Include simplified outlines within Part 2 of Chapter 3 and Part 6 of Chapter 5 of the Principal Determination as a part of the modernisation of the Determination.
• Include a number of Division headings throughout the Principal Determination to improve the structure of the Determination and promote consistency of drafting standards.
• Remove phantom subsections, being a subsection number left after an amendment contracts a section to a single block of text. These are technical amendments only and do not change any of the substantive rules.

Operational details

Details of the operation of the Determination are provided at annex A.

Incorporation by reference

The Determination makes references to sections of the Defence Determination 2016/19, Conditions of service. This Instrument is incorporated into this Determination as in force from time to time.

For the purpose of adopting Defence Force Remuneration Tribunal (DFRT) determinations, being instruments other than a legislative instrument, section 58B(1A) of the Defence Act provides a contrary intention to section 14(2) of the Legislation Act. Section 58B(1A) of the Defence Act permits DFRT determinations, as in force from time to time, being adopted in this determination in accordance with section 14(1)(b) of the Legislation Act.

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:

• Schedule 1: Navy Service Conditions, Army Service Conditions, and Air Force Service Conditions in Military Personnel Branch; and Defence Legal.
• Schedule 2: Defence Member and Family Support and Defence Legal.
• Schedule 3: Defence Finance Group; Defence Tax Management Office; Defence Member and Family Support; Navy, Army and Air Force Head Quarters; Sensitive Issues Management in ADF Head Quarters; and People Systems and Payroll Services Branch.
• Schedules 4 and 5: The rule maker was satisfied that the changes made by these Schedules 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. 5) 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 commences on the day the instrument is registered.
• Schedule 1 to 5 of the Determination commences on 7 May 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.

Section 5 provides that this instrument is repealed on 7 August 2026.

Schedule 1—Guardian or housekeeper and unaccompanied resident family amendments

Item 1 amends the definition of ‘guardian or housekeeper’ under section 1.3.1 of the Principal Determination. A guardian or housekeeper means a person who lives in the member’s residence to provide care to the member’s children and to maintain the residence when the member does not have a partner or the partner is unable to look after the child. The definition has been amended to provide that the person must live in the member’s residence in the housing benefit location or a home maintained by the member as defined by subsection 13.3.20.3, inserted by item 3 of this Schedule.

Items 2 and 3 amend section 1.3.20 of the Principal Determination, which provides when a person is a member’s unaccompanied resident family. The following changes have been made.

• Item 2 repeals and substitutes subparagraph 1.3.20.2.b.ii, which provides that for a child to be recognised as unaccompanied resident family, they must be living in a home maintained by the member.
• Item 3 inserts a new subsection 1.3.20.3 to provide, for the purposes of subparagraph 1.3.20.2.b.ii, that a home maintained by the member must be the home the children lived in with the member in the member’s previous housing benefit location.

Schedule 2—Partner employment assistance program amendments

Item 1 repeals and substitutes Part 8 of Chapter 8 of the Principal Determination, which provided assistance to family members to attend a coronial inquest at the Coroners Court of Queensland. The coronial inquest was completed in September 2015 and the benefits provided under the Part are no longer required.

The new Part 8 inserts the Partner Employment Assistance Program, which provides a reimbursement of certain costs associated with the professional employment and training services to support the employability of a member’s partner. The new Part provides the following.

• Section 8.8.1 provides the purpose of the Part.
• Section 8.8.2 provides defined terms used within the Part.
• Section 8.8.3 provides the members to whom the Part applies.
• Section 8.8.4 provides that the eligible person must register for the Partner Employment Assistance Program before they access services under this Part. The approved form must be used to apply for the Partner Employment Assistance Program.
• Section 8.8.5 provides that a member or the eligible partner is eligible to be reimbursed up to $1,500 in a financial year for professional employment and training services provided to an eligible partner. Reimbursement must be applied for within 3 months of the services being paid for. Any costs over the reimbursable amount in the financial year are to be paid by the member or the eligible partner. If the full reimbursable amount is not claimed in a financial year, the unused amount lapses and cannot be used in the next financial year.
• Section 8.8.6 provides that costs for specified career support and coaching services provided by a provider with a registered Australian Business Number may be reimbursed under the Part.
• Section 8.8.7 provides the costs for industry required licencing, suitability checks and registration fees may be reimbursed under the Part if the CDF or decision maker is satisfied that the costs meet all of the specified conditions. The section also specifies the costs that are mandated but are not reimbursable under the Part.
• Section 8.8.8 provides that employment related training may be reimbursed under the Part if the CDF or decision maker is satisfied that the costs meet all of the specified conditions.

Schedule 3—Bereavement payment amendments

Items 1 and 2 amend section 11.3.3 of the Principal Determination, which provides the bereavement payment a member’s dependent is eligible for if the member dies while on duty. The amendments do the following.

• Item 1 amends the heading of the section to clarify that this section applies only to members on continuous full-time service when they died.
• Item 2 inserts subsections 6 and 7 to clarify that a single bereavement payment can be paid per member unless the CDF of decision maker is satisfied there are circumstances that justify the payment of additional payments. Subsection 7 defines the decision maker for the potential additional payments.

Item 3 inserts a new section 11.3.3A into the Principal Determination, which provides a bereavement payment for a member of the Reserve’s dependent. The section provides that when a member dies while performing duty, or scheduled to perform duty, as part of their Reserve service, a person financially dependent on the member is eligible to receive a bereavement payment over four fortnightly instalments that equal 56 days of service. The section also provides that a dependent person could be paid a bereavement payment under this section if the deceased member was not on Reserve service, if the CDF or decision maker is satisfied that exceptional and compelling circumstances exists.

Schedule 4—Miscellaneous amendments

Item 1 repeals section 3.2.1 of the Principal Determination, which provides an overview of Part 2 of Chapter 3. The item repeals the overview of Part 2 of Chapter 3 as a consequence of the simplified outline that has been added by item 2 of this Schedule.

Item 2 repeals and substitutes section 3.2.3 of the Principal Determination, which provides the purpose of Part 2 of Chapter 3. The purpose statement has been replaced by a simplified outline to promote the use of contemporary drafting styles.

Item 3 amends section 3.2.23 of the Principal Determination, which defines relevant military service for the purpose of commencement salary. Paragraph 1.a has been amended expressly include ADF service with the United Nations (UN), regardless of whether the member was paid by the ADF or the UN. This amendment is made as a consequence of item 11 of this Schedule.

Item 4 amends paragraph 3.2.30.1.c, which specifies the duration of particular types of service a member must complete to be eligible for increment advancement. The amendment adds a note at the end of subparagraph i to clarify that service in the permanent forces may include service with the UN paid by the ADF or the UN. This amendment is made as a consequence of item 11 of this Schedule.

Item 5 amends section 5.5.13, which specifies the types of service included for the purpose of calculating the member’s accrued service for the purpose of long service leave. The amendment adds a note at the end of paragraph a. to clarify that a period of continuous full-time service may include service with the UN paid by the ADF or the UN. This amendment is made as a consequence of item 11 of this Schedule.

Item 6 repeals section 5.6.1 of the Principal Determination, which specifies the purpose of Part 6 of Chapter 5, as a consequence of the simplified outline that has been added by item 7 of this Schedule.

Item 7 repeals and substitutes section 5.6.3 of the Principal Determination which provides a summary of Part 6 of Chapter 5. The summary has been replaced by a simplified outline to promote the use of contemporary drafting styles.

Item 8 amends section 8.4.24 of the Principal Determination, which identifies who Division 5 of Part 4 of Chapter 8 to the Principal Determination applies to. The item inserts recognised other person into the subparagraph 1.a.i of the section to enable the Division to apply to an adult child of the member, as adult children are not considered ‘resident family’. The amendment ensures the Division applies as intended.

Items 9 and 10, 13 and 14, 16 and 17, and 21 insert Division headings throughout the Principal Determination to improve the structure of the Determination and promote consistency of drafting standards.

Item 11 repeals sections 12.4.1 and 12.4.2 from the Principal Determination, which specify the purpose of Part 4 of Chapter 12 and that service with the UN counts as service for salary increments and the accrual of long service leave. As a consequence of the repeal of section 12.4.2, amendments have been made to sections 3.2.23, 3.2,30 and 5.5.13.

Items 15, 23 and 24 amend various sections of the Principal Determination to remove phantom subsection numbers that exists as a consequence of previous changes to the Principal Determination. Item 16 also amends a typographical error. These amendments are technical in nature and do not alter the underlying policies, or the benefits which are currently provided.

Items 18 and 19 amend section 15.3.7 of the Principal Determination, which provides when a member is eligible to be reimbursed for excess costs they incur when using public transport to travel between home and work. The items update the rate of the threshold amount in paragraph 15.3.7.1.b and in the formula in subsection 15.3.7.2. The threshold amount is in line with the ACT Government’s updated public transport fares.

Items 21 and 22 amend section 15.6.12 of the Principal Determination, which provides when a member is eligible to be reimbursed for excess costs they incur for their child’s school transport when the child travels between home and school. The items update the rate of the threshold amount in paragraph 15.6.12.1.b and the formula in subsection 15.6.12.2. The threshold amount is in line with the ACT Government’s updated public transport fares.

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

Schedule 5—Transitional Provisions

Clause 1 provides the defined terms that apply to this Schedule. Specifically, it defines ‘Defence Determination” to mean Defence Determination 2016/19, Conditions of service, as in force from time to time.

Clause 2 provides transitional rules to members who had adult children between 14 March 2024 and the commencement of item 8 of Schedule 4 of this Determination who would have been eligible for education assistance under Division 5 of Part 4 of Chapter 8 to the Principal Determination. The clause enables members to be eligible for education assistance if they satisfied all of the other criteria.

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 5) 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 definition of ‘guardian or housekeeper’ to provide that a person must live in the member’s residence to be recognised as a guardian or housekeeper.
• Amend the definition of ‘unaccompanied resident family’ to clarify when a member’s resident family who are children can be recognised as unaccompanied resident family.
• Repeal provisions that provided assistance to specific family members during their attendance at a coronial inquest. The coronial inquest that this assistance related to was completed in September 2015 and the benefits are no longer required.
• Implement the Partner Employment Assistance Program which provides a reimbursement of some costs associated with employment and training services that support the employability of a member’s partner.
• Expand the eligibility for a bereavement payment to a person financially dependent on a member of the Reserves who dies while on Reserve service.
• To enable members with adult children to be eligible for education assistance under Division 5 of Part 4 of Chapter 8 to the Principal Determination by including recognised other persons in the application provision relevant to the Division.
• Update the total threshold amount for calculating the amount a member may be reimbursed for excess costs they incur when using public transport to travel between home and work.
• Update the threshold for calculating the amount a member may be reimbursed for excess costs they incur for their child’s school transport when the child travels between home and school.
• Include simplified outlines within Part 2 of Chapter 3 and Part 6 of Chapter 5 of the Principal Determination as a part of the modernisation of the Determination.
• Include a number of Division headings throughout the Principal Determination to improve the structure of the Determination and promote consistency of drafting standards.
• To remove phantom subsections, being a subsection number left after an amendment contracts a section to a single block of text. These are technical amendments only and do not change any of the substantive rules.

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 the protection and assistance to the family

The protection of a person's right to family protection and assistance engages Article 10 of the International Covenant on Economic, Social and Cultural Rights. Article 10 guarantees the widest possible protection and assistance be accorded to the family.

Right of the child to education

The protection of a child’s right to education engages Article 28 of the Convention on the Rights of a Child. Article 28 requires States to provide access to different types of education.

Assessment of compatibility

Schedule 1 makes amendments to the Principal Determination which are technical in nature and do not change the underlying policies or benefits. The amendments do not engage with any of the applicable rights or freedoms.

Schedule 2 is compatible with human rights as it promotes a person’s right to remuneration by providing a member’s partner assistance with employment and training services to assist them in gaining employment as a part of the member’s conditions of service.

The repeal of Part 8 of Chapter 8, Family assistance for attendance at a coronial inquest, from the Principal Determination does not engage with any of the applicable rights or freedoms. The benefits the Part provided during the coronial inquest are no longer required due to the completion of the inquest.

Schedule 3 is compatible with human rights as it provides a financial benefit to a person who is financially dependent on a Reserves member when the member dies while completing Defence-related duties. This promotes the right to family protection and assistance by providing financial assistance if the member dies while performing, or scheduled to perform, duty as a member of the Reserves.

Schedule 4, item 8, is compatible with human rights as it extends existing education assistance benefits to member’s adult children as a part of the member’s conditions of service.

Schedule 4, items 19 and 20, and 22 and 23, is compatible with human rights as it promotes just and favourable conditions of work by ensuring that the excess costs the member may be reimbursed for their public transport between their home and their normal place of work, and their child’s school transport between their home and their school, remain current and aligned with government updates on transport fares. This is provided as a part of their conditions of service.

The remainder of Schedule 4 and 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.