Defence Determination, Conditions of service Amendment Determination (No. 7) 2026

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 7) 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:

• Specify the rates of higher duties allowance payable to cyber warfare members who are performing the primary duties of a position above their current rank in line with the cyber workforce model within the Cyber Warfare Pay Structure.
• Amend the home sale and purchase provisions to allow a member to purchase a home in their current or next housing benefit location or their current family benefit location and to reapply for the Home Purchase Assistance Scheme (HPAS) in limited scenarios.
• Clarify the benefits and eligibility, and to correct the terminology around HPAS and Home Purchase or Sale Expenses Allowance (HPSEA) to improve readability of the schemes.
• Provide additional recreation leave credits to members who remain in a location to which an offer or direction to evacuate the member’s dependants has been made, or a location that such an offer or direction to evacuate would have been made had there been dependants at the location. The new provisions provide members with an additional 7 days of recreation leave credits if they remain posted and living in the location for 6 months. If dependants are permitted to return to the location less than 6 months after the offer or direction was made, the additional recreation leave credits are not payable.
• Cease eligibility to travel benefits for a specified class of members who receive the same benefits under a determination of the Remuneration Tribunal when the member undertakes official travel.
• Repeal the Airfield Defence Guards (annual proficiency bonus), which is no longer required. The annual proficiency bonus no longer aligns with the current workforce structure due to changes to the employment category, which has seen Airfield Defence Guards and Ground Defence Officers transfer into the Security Forces Officer employment category.
• Ensure that location based allowances paid under Part 4 of Chapter 4 of the Principal Determination are paid at the full rate of the allowance rather than at the half rate when the member is on leave at half pay. This is because the member continues to experience the hardship caused by remoteness, harsh climate and cost of living of the location when on recreation leave.
• Extend the early access for rent allowance trial to include the 2026/2027 posting period.
• Include a separate benchmark school for children of members posted to Toronto, Canada to ensure that the education assistance the members receive for their children’s schooling is proportionate to the cost of education in the Toronto region, which is higher compared to the rest of Canada.
• Amend the approved clubs to include new clubs for Bangladesh and Ukraine.
• Amend special location allowance to remove locations in the Middle East as a consequence of the changes to the situation in those locations.
• Provide deployment allowance for a new operation in Libya which is payable from 1 January 2022.
• Remove benefits in relation to removals within Australia that were created in response to the COVID-19 pandemic as a consequence of the limitations and restrictions imposed during the COVID-19 pandemic no longer being in place.

Operational details

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

Incorporation by reference

For the purpose of adopting 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.

Transitional provisions in this 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.

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: Military Personnel Branch and Cyber Forces Group.
• Schedule 2: Pay and Administration Centre NSW, ADF Home Purchase and Sales team; Defence Tax Management Office; and the Directorate of Personnel Policy Operations.
• Schedule 3: The Directorate of Attaché and Overseas Management; the Directorate of Personnel Policy Operations; the Australian Signals Directorate; the Australian Naval Nuclear Power Safety Regulator; and the Australian Submarine Agency.
• Schedule 4: Office of Directorate Senior Officer Management; Defence Legal; the Directorate of Personnel Policy Operations; Air Force Head Quarters; Air Force Combat Support Group; People Systems and Payroll Services Branch; the Directorate of Relocations and Housing; Defence Housing Australia; the Directorate of Attaché and Overseas Management; Defence Finance Group; Military Strategic Commitments Branch; Defence Intelligence Group; the Australian Submarine Agency; the Australian Signals Directorate; and the Department of Foreign Affairs and Trade.
• Schedule 5: The Directorate of Relocations and Housing and Toll Transitions.

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

Annex A

Defence Determination, Conditions of service Amendment Determination (No. 7) 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 5 of the Determination commences on the day the instrument is registered.
• Schedules 1 to 4 and 7 of the Determination commence on 4 June 2026.
• Schedules 5 and 6 of the Determination commence on 2 July 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 10 September 2026.

Schedule 1—Higher duties allowance – Cyber warfare member amendments

Item 1 amends section 4.1.2 of the Principal Determination, which provides the defined terms used within Part 1 of Chapter 4. Paragraph d has been inserted in the definition of ‘salary non‑reduction arrangement’, which provides that the term also includes the member’s rate of salary that has been set under Division 4C of Part 2 of Chapter 3 of the Principal Determination.

Item 2 inserts the following sections after section 4.1.17 of the Principal Determination to provide the rates of higher duties allowance payable to cyber warfare members. Specifically, the new sections do the following.

• Section 4.1.18 provides that the rate of higher duties allowance for a cyber warfare officer (the first member) is one of the following:

• If the first member’s salary, including a non-reduction arrangement, is less than the lowest rate of salary that is payable under DFRT Determination 2 of 2017 to another member one rank higher than the first member in the same pathway, the rate of higher duties allowance is the difference between the first member’s salary and that lowest rate that would be payable to the first member had they been promoted by one rank.
• In any other circumstances, it will be 5% of the salary payable to the member.

• Section 4.1.19, which provides that the rate of higher duties allowance for a cyber warfare specialist is one of the following:

• The higher of the difference between the salary payable to the member and the rate of salary payable for the increment that applies under section 3.2.47AK had the member been promoted by one rank; and 5% of the member’s salary.
• Otherwise, 5% of the member’s salary.

Schedule 2—Home sale and purchase amendments

Item 1 amends section 7.3.1, which is the simplified outline for Part 3 of Chapter 7. This item amends a cross-reference in line with the amendments in this Schedule.

Item 2 amends sections 7.3.2 and 7.3.3 of the Principal Determination, which provide which members the Part does and does not apply to. The amendment broadens the application of the Part to in order to ensure all members eligible for benefits under this Part are covered.

Item 3 amends section 7.3.4 of the Principal Determination, which provides the definitions that apply to the Part. The item includes the simple definitions of ‘auctioneer’ and ‘decision maker’, as well as place holders for the complex definitions being inserted by item 4. In accordance with section 11A of the AI Act, definitions are inserted in their appropriate alphabetical positions, determined on a letter-by-letter basis.

Item 4 inserts new provisions into Division 1A of Part 3 of Chapter 7. The new provisions provide complex definitions for the following terms, which are moved from other sections of the Principal Determination. Specifically, the following definitions have been remade.

• ‘Reimbursable cost’, which was originally provided for at section 7.3.31 of the Principal Determination. The section has been moved to Division 1A to allow for people who are seeking reimbursable costs under HPAS, instead of HPSEA.

This amendment remakes the rule in a similar form to the current version and continues to reflect the long standing ongoing practice for identifying the reasonable costs for the specific transaction. While the reasonable costs are determined by a non-government entity, law-firms that are contracted to make these decisions have expertise in the area determining these costs Defence does not hold this information internally as it relates to the commercial practices of buying and selling a house.

Government policy is to encourage competition among legal service providers to the greatest practicable extent, including the provision of legal services to Government agencies. Legal firms chosen to provide this advice are selected from the legal panel through an open tendering process. The requirement to make decisions in accordance with the Principal Determination, as in force from time to time, is a requirement of the contract with the legal firms.

If a member disagrees with the assessment of the legal firm, they can submit an application for a redress of grievance under Part 7 of the Defence Regulation 2016. Also, a person may make a complaint to the Defence Force Ombudsman.

• ‘Specified location’, which was originally provided for at section 7.3.28 of the Principal Determination. The section has been moved to Division 1A to provide for the new Annex 7.3.A and the decision point to apply broadly.

In accordance with section 11A of the AI Act, definitions are inserted in their appropriate alphabetical positions, determined on a letter-by-letter basis.

Item 5 repeals and substitutes section 7.3.10 and section 7.3.11 of the Principal Determination, which provide the conditions of eligibility to receive HPAS, and which members HPAS does not apply to. The item makes the following changes:

• Inserts a new section 7.3.10 to provide which members the HPAS provisions apply to, specifically requiring that the member must be on continuous full-time service for a year or longer.
• Substitutes section 7.3.11 which provides the members that HPAS does not apply to. The section is amended to clarify that it does not apply to someone who is on a transition location agreement or who has received HPAS or HPSEA previously. The section also highlights that a person who has received a payment previously and has repaid it is still able to apply under this Division.
• Inserts a new section 7.3.11A to provide eligibility for a person to receive a HPAS payment. The new section incorporates eligibility criteria that was provided in various places in the Part. Specifically, the section provides eligibility to receive a HPAS payment for the member if the member or eligible person remain in the location the house was purchased for a year from the date of purchase.

Items 6 and 7 amend section 7.3.13 of the Principal Determination, which provides the period in which the member or eligible person needs to occupy the home. The heading of the section has been amended to clarify what the section is about. Additionally, the table heading of column B has been amended to remove the redundant word ‘time’.

Item 8 repeals and substitutes section 7.3.15 of the Principal Determination, which provides when a member will be required to repay HPAS. The item does the following:

• Substitutes section 7.3.15 to provide for the reimbursement of costs when Service reasons prevent the purchase from going ahead.
• Inserts a new Division 1AA to provide for the recovery and repayment of HPAS when the home is not occupied for Service reasons or the purchase does not go ahead.

Item 9 repeals and substitutes section 7.3.17 of the Principal Determination, which provides the basis of the HPSEA provisions. The item amends the section to add a subdivision heading, as well as providing a section for the purpose and a section specifying who the Division applies to.

Items 10 to 12 amend section 7.3.19 of the Principal Determination, which provide the conditions of eligibility for the sale of a home in the losing location. The items do the following.

• Item 10 amends paragraph a to insert a decision point to allow for the CDF or a decision maker to be satisfied that an eligible person is living in the home at the time the next posting order is issued.
• Item 11 updates a cross reference as a result of amendments made by item 17 of this Schedule.
• Item 12 inserts a note to clarify that section 1.6.1 of the Principal Determination may affect dual-serving couples.

Items 13 to 15 amend section 7.3.20 of the Principal Determination, which provide the conditions of eligibility for the purchase of a home in the gaining location. The items do the following.

• Item 13 updates a cross reference as a result of amendments made by item 17 of this Schedule.
• Item 14 substitutes paragraphs e and f to insert a decision point to allow for the CDF or a decision maker to be satisfied the member or eligible person will live in the house for a year from the date of purchase.
• Item 15 inserts a note to clarify that section 1.6.1 of the Principal Determination may affect dual-serving couples.

Item 16 amends section 7.3.22 of the Principal Determination which provides for the continuity of the sale-purchase cycle for HPSEA. The item amends the section to remove a phantom subsection number.

Item 17 repeals section 7.3.23 of the Principal Determination and substitutes it with two subdivisions. The amendment has been made to clarify the time limits around the sale and purchase of homes in both losing and gaining locations.

Item 18 amends section 7.3.25 of the Principal Determination, which provides for when a member not otherwise eligible for the reimbursement of HPSEA can be approved to get a reimbursement. This item clarifies the decision point at subsection 1 and updates the language to be in line with current drafting standards.

Item 19 inserts a new section into Division 3 of Part 3 of Chapter 17 of the Principal Determination. The new section 7.3.25A specifies which members the Division applies to, which includes former and Reserve members.

Item 20 repeals and substitutes sections 7.3.27 and 7.3.28 of the Principal Determination. The new sections clarify rules around receiving reimbursable costs for the purchase of land to build a home and the building of a home on land the member already owns.

Items 21 and 22 amend section 7.3.29 of the Principal Determination, which provides for when a member returns to a previous posting location before the time limit for sale is up. The items correct a cross-reference and a note to point to the new section 7.3.5 of the Principal Determination, which is the definition of reimbursable costs.

Item 23 amends section 7.3.30 of the Principal Determination, which provides for the reimbursement for the sale of the member’s final property before ceasing continuous full-time service or when the member is on a transition location agreement. This item amends subsection 1 to make it clear that the home being sold has to be the last home the member or their resident family resided in before the member ceased continuous full-time service.

Item 24 repeals section 7.3.31 and section 7.3.32 of the Principal Determination, and substitutes them with Annex 7.3.A which provides the specified locations provided under section 7.3.6.

Schedule 3—Additional (evacuations) recreation leave amendments

Item 1 inserts a new section after section 5.4.30 of the Principal Determination to define additional recreation leave for the purposes of Division 7 of Part 4 of Chapter 5. The definition specifies that additional recreation leave includes additional recreation leave under the following:

• Division 3 of Part 4 of Chapter 5 of the Principal Determination.
• Subdivision 2 of Division 1 of Part 6 of Chapter 14 of the Principal Determination.
• Part 3A of Chapter 16 of the Principal Determination.
• Division 3 of Part 7 of Chapter 17 of the Principal Determination.

Item 2 inserts a new heading after the heading to Division 1 of Part 6 of Chapter 14 of the Principal Determination to create a subdivision that deals with benefits provided on evacuation of a location.

Item 3 repeals subsection 14.6.14.3 of the Principal Determination, which provided for assisted leave travel during an evacuation. The item adds a new section that deals with the same subject and adds that if the member is evacuated to another hardship location overseas, they can access the assisted leave travel from the new hardship location.

Item 3 also adds subdivision 2 to the Principal Determination. The new subdivision provides benefits to members who remain in a location after their dependants have been evacuated from the location under a voluntary offer to evacuate or a direction to evacuation. Specifically, the new subdivision includes the following:

• Section 14.6.16, which provides the definition of evacuation order by reference to section 14.6.16A, which is also inserted by item 3.
• Section 14.6.16A provides the definition of evacuation order. An evacuation order includes.

• A direction to evacuate the member’s dependants.
• The offer to voluntarily evacuate the member’s dependants.

The meaning of evacuation also applies to a location in circumstances where there are no dependants, but a direction or offer to evacuate would have been made had dependants been in the location.

• Section 14.6.16B provides that the subdivision applies to a member who is posted to a location to which an evacuation order that was issued on or after 25 February 2026 applies.
• Section 14.6.16C provides additional (evacuations) recreation leave to a member who continues to live in the location for 6 months after the direction or offer of evacuation has been made. Eligibility for additional (evacuations) recreation leave is not based on the dependants departing the location. The additional (evacuations) recreation leave credits are given to the member on the day they become eligible.

The member ceases to be eligible for additional (evacuations) recreation leave if the dependants are permitted to return to the location, or would have been permitted to return to the location, less than 6 months after the direction or offer of evacuation was made. This does not require the dependants to return the location.

If an offer to voluntarily evacuate dependants is made and the situation further deteriorates, a direction to evacuate may be issued in relation to the same incident. In this case the relevant date is the date that the first evacuation order was made, or would have been made.

• Section 14.6.16D provides how the additional (evacuations) recreation leave credits are calculated. The maximum amount of leave credits is 7 days. This is reduced by any additional recreation leave credits the member accrued if they participated in a non-warlike deployment and the number of war service leave credits the member accrued during the 6 months.

Item 4 amends the listed provisions made as a consequence of the introduction of subdivisions into Division 1 of Part 6 of Chapter 14 of the Principal Determination. The listed provisions replace the word ‘Division’ with ‘subdivision’.

Schedule 4—Miscellaneous amendments

Item 1 amends section 1.3.1 of the Principal Determination, which provides definitions that apply across the Principal Determination. The item includes a definition of ‘Remuneration Tribunal’ in the Principal Determination, which is the tribunal established under the Remuneration Tribunal Act 1973. In accordance with section 11A of the AI Act, definitions are inserted in their appropriate alphabetical positions, determined on a letter-by-letter basis.

Item 2 repeals Division 2 of Part 9 of Chapter 4 of the Principal Determination, which provided the annual proficiency bonus for members in the airfield Defence Guard and Ground Defence Officer employment categories. The Division is being repealed, as it is now redundant.

Item 3 amends section 5.4.37 of the Principal Determination, which provides the rate of payment of allowances payable to members when they are on recreation leave. Subsection 1A requires allowances under the Principal Determination to be paid at half the rate when a member is on recreation leave at half pay. The item inserts a new subsection to exempt allowances payable under Part 4 of Chapter 4 from the application of subsection 1A. This has the effect of making those allowances payable at the full rate.

Item 4 amends paragraph 7.8.5AA.1.c of the Principal Determination, which specifies the dates between which a posting order must be issued for a member to take part in the early eligibility for rent allowance trial. The item amends subparagraph ii to extend the trial until 30 June 2027.

Item 5 amends paragraph 7.8.5AA.1.d of the Principal Determination, which specifies the posting cycles in which the posting order must be issued. The item amends the paragraph to include the 2026-2027 posting cycle.

Item 6 repeals and substitutes section 9.5.5 of the Principal Determination, which provides who Part 5 of Chapter 9 does not apply to. The section is amended to provide that the Part does not apply to an ADF member undertaking official travel if they are eligible for travel benefits under a determination made by the Remuneration Tribunal for that travel.

Item 7 repeals and substitutes section 12.1.2 of the Principal Determination, which sets out who Chapter 12 to 16 does not apply to. The section is amended to provide that this Part does not apply to an ADF member who is undertaking official travel if they are eligible for travel benefits under a determination made by the Remuneration Tribunal for that travel.

Item 8 amends section 13.1.1 of the Principal Determination which provides the purpose of Chapter 13 of the Principal Determination. The items inserts a note at the end of the section to advise readers that hardship location benefits may apply to members on short-term duty overseas. This item also adds a new section 13.1.1A into Part 1 of Chapter 13 of the Principal Determination to provide a definition of ‘officially approved activity’. An officially approved activity includes overseas adventure training, sport events and work experience activities which are not a requirement of the member’s duty.

Item 9 repeals section 13.1.3 of the Principal Determination, which set out who Chapter 13 did not apply to. This provision is no longer required as a consequence of the amendments at item 7.

Item 10 inserts a new Division 1A and section 13.2.1 into Principal Determination, which provides that Part 2 of Chapter 13 does not apply to a member on an officially approved activity who is eligible for a benefit under Division 2 of Part 4 of Chapter 13.

Item 11 repeals and substitutes section 13.3.4 of the Principal Determination, which provides which benefits a member must pay for using their Defence travel card. The section also provides when a member is not eligible to use their Defence travel card.

Item 12 repeals section 13.3.5 of the Principal Determination which provided when a member was not eligible to use their Defence travel card. This provision is no longer required as a consequence of the amendments at item 11.

Item 13 repeals section 13.3.15 of the Principal Determination, which provided when a member was eligible for part-day travelling allowance. Subsection 3 is repealed as it is no longer required as a consequence of the amendments at item 11.

Item 14 repeals and substitutes section 13.3.18 of the Principal Determination, which provides the benefits a member will receive for the cost of equipment. Paragraph 3.a is amended to use consistent language for ‘officially approved activity’ throughout the Principle Determination.

Item 15 amends Annex 15.6.A of the Principal Determination, which provides a list of schools that set the ‘benchmark’ for the amount of education assistance a member can be reimbursed if they have a child attending an education institution at the member's posting location overseas. Item 5 of the table is repealed and substituted to separate Toronto as a benchmark location because of its higher education costs than the rest of Canada. The benchmark school, Turnbull School, Ottawa, for children attending preschool to grade 3 is replaced with La Citadelle International Academy of Arts and Science School.

Items 16 and 17 amend the table in subsection 15.8.2.2 of the Principal Determination, which provides the approved clubs for the member’s overseas posting location. The following changes have been made.

• Item 16 inserts the approved club of American Club, Dhaka for the posting location Bangladesh.
• Item 17 inserts the approved club of Workshop, Bohdan Khmelnitsky, Kyiv for the posting location Ukraine.

Item 18 amends section 16.8.3 of the Principal Determination, which provides special location allowance to members posted to specified locations overseas. The item amends the table at subsection 1A to remove locations in the Middle East, namely: Israel, Jordan, Kuwait, Lebanon, Qatar, Saudi Arabia and the United Arab Emirates as a consequence of changes to the circumstances in those countries.

Item 19 amends the table under subsection 17.7.6.1 of the Principal Determination which provides deployment allowance rates for members deployed on operations. This item inserts a new table item 12A into the table which provides the location and daily rate of deployment allowance in AUD. 

Schedule 5—Removals (COVID-19) amendments

Item 1 repeals the listed units from the Principal Determination. The amendments relate to various provisions providing benefits to members in connection with a removal under Chapter 6 of the Principal Determination as a consequence of the COVID-19 pandemic. Specifically, the amendments related to the following.

• Division 4 of Part 1 of Chapter 6, which provides for the removal of animals during the COVID-19 pandemic that are not covered by Division 3 of Part 1 of Chapter 6.
• Section 6.5.8A, which provides an additional payment to members to assist with the additional costs of a removal as a consequence of the COVID-19 pandemic.
• Section 6.5.10A, which provides the removal of certain items as a consequence of limitations imposed in connection with the COVID-19 pandemic.
• Subsection 6.5A.8.2, which provides a removal of an additional vehicle as a consequence of restrictions imposed during the COVID-19 pandemic.
• Paragraph 6.5A.10.f, which provides a condition in connection with the transportation of vehicles during the COVID-19 pandemic.
• Section 6.5A.14, which provides additional vehicle hire as a consequence of delays in delivering a vehicle that has been transported as a consequence of the COVID-19 pandemic.
• Section 6.5A.17, which provides for the additional removal of towable items that would have been driven, but for restrictions imposed as a consequence of the COVID-19 pandemic.
• Section 6.5A.20, which provides an additional benefit to store vehicles that are not able to be delivered to the member as a consequence of a requirement to isolate during the COVID-19 pandemic.
• Paragraph 9.2.19A.3.b, which provides additional benefits when a specified route to drive to a new housing benefit location is changed as a consequence of restrictions imposed during the COVID-19 pandemic.

Schedule 6—Savings Provisions

Item 1 inserts a new subdivision into the Principal Determination that provides saving provisions as a consequence of Schedule 6 of this Determination. The savings provision is to ensure members continue to receive benefits that they have been advised of in their Toll Movement Plan Letter (also known as MPL).

Specifically, the savings provision applies to a member who has received a Toll Movement Plan Letter in connection with a removal under Chapter 6 before 2 July 2026, which is the commencement date of Schedule 6. The Toll Movement Plan Letter provides details of a removal, including allowances and other benefits a member is eligible for in connection with the removal. The savings provision enables a member who has received a Toll Movement Plan Letter before the commencement date to continue to receive the benefits advised in the plan despite the change to the Principal Determination. The savings provisions do not apply to any removals for which a member received a Toll Movement Plan Letter on or after 2 July 2026.

Schedule 7—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 that a member who was paid an allowance under Part 4 of Chapter 4 of the Principal Determination while they were on recreation leave at half pay between 12 September 2024 and the commencement of Schedule 4 of this Determination is eligible to receive the allowance at full pay. The amount the member is to receive is reduced by the amount they have already received for the allowance.

Clause 3 provides that a member who was posted to Toronto, Canada and has a child in preschool or grade, 1, 2 or 3 is eligible for the reimbursement of compulsory tuition fees payable for their child to attend a school that they would have been eligible for under paragraph 15.6.10.1.a of the Defence Determination, as though the changes made by Schedule 4 of this Determination had been in force between 4 November 2025 and the commencement of that Schedule. This clause also provides that the benefit is reduced by the amount the member already received under that paragraph during that period.

Clause 4 provides a transitional provision for a member who was posted to Bangladesh between 21 January 2026 and the commencement of Schedule 4 of this Determination. The member is eligible for the cost of the club membership they would have been eligible for had the changes made by Schedule 4 of this Determination been in force between 21 January 2026 and the commencement of Schedule 4 of this Determination.

Clause 5 provides a transitional provision for a member who was posted to Ukraine between 7 January 2026 and the commencement of Schedule 4 of this Determination. The member is eligible for the cost of the club membership they would have been eligible for had the changes made by Schedule 4 of this Determination been in force between 7 January 2026 and the commencement of Schedule 4 of this Determination.

Clause 6 provides that a member who was deployed to the operation under Schedule 4 of this Determination is eligible for the payment of deployment allowance for each day the member performed duty in the specified area during the specified period. The clause also provides that a member who has been paid an amount under section 17.7.6 during the specified period, the amount payable under the clause is reduced by the amount they have already received.

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 7) 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:

• Specify the rates of higher duties allowance payable to cyber warfare members who are performing the primary duties of a position above their current rank in line with the cyber workforce model within the Cyber Warfare Pay Structure.
• Amend the home sale and purchase provisions to allow a member to purchase a home in their current or next housing benefit location or their current family benefit location and to reapply for the Home Purchase Assistance Scheme (HPAS) in limited scenarios.
• Clarify the benefits and eligibility, and to correct the terminology around HPAS and Home Purchase or Sale Expenses Allowance (HPSEA) to improve readability of the schemes.
• Provide additional recreation leave credits to members who remain in a location to which an offer or direction to evacuate the member’s dependants has been made, or a location that such an offer or direction to evacuate would have been made had there been dependants at the location. The new provisions provide members with an additional 7 days of recreation leave credits if they remain posted and living in the location for 6 months. If dependants are permitted to return to the location less than 6 months after the offer or direction was made, the additional recreation leave credits are not payable.
• Cease eligibility to travel benefits for a specified class of members who receive the same benefits under a determination of the Remuneration Tribunal when the member undertakes official travel.
• Repeal the Airfield Defence Guards (annual proficiency bonus), which is no longer required. The annual proficiency bonus no longer aligns with the current workforce structure due to changes to the employment category, which has seen Airfield Defence Guards and Ground Defence Officers transfer into the Security Forces Officer employment category.
• Ensure that location based allowances paid under Part 4 of Chapter 4 of the Principal Determination are paid at the full rate of the allowance rather than at the half rate when the member is on leave at half pay. This is because the member continues to experience the hardship caused by remoteness, harsh climate and cost of living of the location when on recreation leave.
• Extend the early access for rent allowance trial to include the 2026/2027 posting period.
• Include a separate benchmark school for children of members posted to Toronto, Canada to ensure that the education assistance the members receive for their children’s schooling is proportionate to the cost of education in the Toronto region, which is higher compared to the rest of Canada.
• Amend the approved clubs to include new clubs for Bangladesh and Ukraine.
• Amend special location allowance to remove locations in the Middle East as a consequence of the changes to the situation in those locations.
• Provide deployment allowance for a new operation in Libya which is payable from 1 January 2022.
• Remove benefits in relation to removals within Australia that were created in response to the COVID-19 pandemic as a consequence of the limitations and restrictions imposed during the COVID-19 pandemic no longer being in place.

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 an adequate standard of living

The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

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 is compatible with human rights as it promotes just and favourable conditions of work by ensuring that cyber warfare members are appropriately remunerated when they are directed to perform the duties of a position ordinarily held by a member holding a higher rank. This is provided as a part of the member’s conditions of service.

Schedule 2 is compatible with human rights as it promotes access to an adequate standard of living by assisting members and their families to purchase their own home. These amendments allow for members to understand the benefits available to them when they purchase a home in their housing benefit location or family benefit location or sell and purchase homes on a receiving a posting order.

Schedule 3 is compatible with human rights as it provides additional recreational leave to members who are to remain in a location that is subject to a more threatening work environment as a condition of their service.

Schedule 4, items 1 and 6 to 14 are compatible with human rights as they continue to support members who travel on official duty. While the amendments cease eligibility for a specified class of members, those members remain eligible for the benefits under a determination of the Remuneration Tribunal. These amendments prevent the class of members receiving the same benefits twice under different determinations when they undertake official travel.

Schedule 4, item 2 makes amendments to the Principal Determination that do not affect human rights, repealing a benefit that is no longer in use as the relevant employment categories no longer exist. As such, it does not engage with any of the applicable rights or freedoms.

Schedule 4, item 3 is compatible with human rights as it provides members with location based allowances at the full rate when they are on recreation leave at half pay. This ensures the member is compensated for the hardship caused by remoteness, harsh climate and cost of living at the location, which they continue to experience when on recreation leave. This is provided as a part of the member’s conditions of service.

Schedule 4, items 4 and 5 are compatible with human rights as they extended the early access for rent allowance trial, which enables members to access rent allowance earlier than they would have had the trial not applied. This is provided as a part of the member’s conditions of service.

Schedule 4, item 15 is compatible with human rights as it protects the child’s right to education by ensuring that they have access to education at the member’s overseas posting location that is comparable to the level of education in Australia.

Schedule 4, items 16 and 17 are compatible with human rights as they promote the right to the enjoyment of just and favourable conditions of work and the right to an adequate standard of living by ensuring that members are not disadvantaged when on a long-term posting overseas.

Schedule 4, item 18 is compatible with human rights as it ensures that members are provided environmental allowances that are relative to the disadvantage experienced at the posting location. Special location allowance was amended to included Middle East locations at the commencement of the conflict between the United States of America and Iran. Since the locations were included, the situation in those locations has improved. As a consequence, the environmental conditions for which special location allowance is paid no longer exists.

Schedule 4, item 19 is compatible with human rights as it provided members on deployment an allowance which compensates for the hazard, stress and environmental factors that they are likely to experience over the term of a warlike or non-warlike deployment as a part of their conditions of service.

Schedule 5 is compatible with human rights as it ensures that benefits available to members are suitable for the current conditions in which a removal is to occur as a part of their conditions of service. The savings provisions in Schedule 7 provide that members continue to receive benefits that they have been advised of in their Toll Movement Plan Letter.

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.