Defence Determination, Conditions of service Amendment Determination (No. 9) 2026

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment Determination (No. 9) 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 introduce a new overseas health cost scheme to assist members with the costs of clinically necessary health care for their dependants living or visiting them overseas. The scheme has been modernised to provide benefits that were not previously considered as prevailing health costs, including mental health support and the criteria for a person remaining in the posting location to give birth.

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 Military Personnel Branch, Joint Health Command, Defence Member and Family Support Branch, Directorate of Attaché and Overseas Administration, Defence Tax Management Office, and the Australian Signals Directorate and the Australian Submarine Agency.

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

Annex A

Defence Determination, Conditions of service Amendment Determination (No. 9) 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.
• Schedules 1 to 3 of the Determination commences 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 of this Determination provides that this Determination is repealed on 2 October 2026.

Schedule 1—Overseas health costs amendment

Items 1 and 2 amend section 8.9.6A of the Principal Determination, which provides the reimbursement benefit under the ADF family health program. The items make the following amendments.

• Item 1 amends subsection 1 to include a cross-reference to the new subsection 4 provided at item 2.
• Item 2 inserts a new subsection, which provides that the reimbursement benefit of the ADF family health program does not apply to an eligible dependant, as defined in section 8.9.2A, who lives with a member on a long-term posting overseas. This amendment prevents eligible dependants from using ancillary service benefits in Australia and while overseas. A note has been added to refer the reader to Chapter 15 Part 5 Division 10, which provides similar benefits.

Item 3 inserts a new Part into Chapter 8 of the Principal Determination, which provides testing for diseases when a person has returned to Australia at the end of a long-term posting overseas. It allows for a person to be tested for diseases that are not commonly found in Australia. The item inserts the following.

• Part 9A: Return from overseas posting – testing for disease.
• Section 8.9A.1, which provides the definitions for the Part. Specifically, this section provides the decision maker for the Part.
• Section 8.9A.2, which specifies who the Part applies to, namely family members who have lived with a member on a long-term overseas posting.
• Section 8.9A.3, which provides when a person is eligible to be reimbursed the reasonable costs for medical testing for a communicable or non-communicable disease and return travel to a medical facility that tests for the disease. The benefit is reduced by any amount payable to the person under the Medicare Benefits Schedule, the person's private health insurance in Australia or the ADF family health program.

Item 4 repeals and substitutes Part 5 of Chapter 15 of the Principal Determination, which provides the health costs that may be provided to a person approved to live with a member on a long-term posting overseas, and related travel costs. The item substitutes Part 5 with the following.

• Section 15.5.1 provides the simplified outline for the Part.
• Section 15.5.2 provides the defined terms that apply across the Part, including:
  • ‘health costs,’ which means the fees and charges for, or in connection, with medical goods and services, hospital costs, childbirth costs, dental treatment, pharmaceutical products and other medical services.
  • ‘ancillary service,’ which means a reimbursable item provided under the ADF family health program that is not provided for as a health cost under the Part.
• Section 15.5.3 specifies who the Part applies to. This includes people who have a pre-departure certificate of fitness and live with or visit the member at their posting location.
• Section 15.5.4 provides when the Part does not apply to a person, including after the member’s posting period overseas has ended or when the member is on leave without pay. Additionally this Part will not apply to a person who is a member in the Permanent Forces or of the Reserves on continuous full‑time service, as these people will be covered by specific Defence health policy.
• Section 15.5.5 identifies the costs not covered by the Part. Health costs associated with pre‑existing conditions that have not been declared in their pre-departure certificate of fitness checks, injuries as a result of dangerous recreational activities, assisted reproductive services, unapproved costs outside of the posting location, and costs incurred while travelling to or from the posting location are not covered by this Part. Additionally, the health costs for persons undertaking reunion travel to visit the member are limited.
• Section 15.5.6 specifies that a member and any eligible person must assign to the Commonwealth the legal right to recover costs from another person.
• Section 15.5.7 provides that a person must apply for reimbursement of health costs and ancillary services within 12 months of the service being provided.
• Section 15.5.8 provides how health costs are paid, including by reimbursement or by payment to the service provider. Any cost paid to the person is reduced by an amount they receive from the person’s private health insurance, travel insurance, and any policy or scheme in Australia or the overseas location that the person is eligible for.
• Section 15.5.9 provides how a payment is made to a service provider, including that payment may be made before or after the service has been provided. This section allows for the CDF or decision maker to decide that a payment can be made before the service is provided if they are satisfied the payment meets the specified criteria. This prevents a member or person from suffering unreasonable financial consequences, as in some posting locations, there will be far higher costs or an expectation to pay before being treated.
• Section 15.5.10 provides when approval is required for non-urgent or non-emergency health costs incurred in another overseas location outside of the posting country when treatment cannot be delayed or provided in the posting location. This section allows for the CDF or decision maker to decide that the health cost should be approved if they are satisfied the health costs meet the specified criteria.
• Section 15.5.11 provides that a person is eligible for the costs of medical goods and services. The section defines that a medical good or service is one the person would be eligible for in Australia under Medicare or another Australian Government funded health program, or an approved specialised medical good or service.
• Section 15.5.12 defines the approved specialised medical goods or services for the purpose of section 15.5.11. This includes specialist services, non-routine pathology, or surgery that is not considered an emergency or urgent. This section also allows for the CDF or decision maker to decide to approve the cost if they are they are satisfied it is necessary when considering the specified criteria.
• Section 15.5.13 defines hospital related expenses for Division 5 of Part 5 of Chapter 15, which includes hospital accommodation, in-patient treatment and in-patient meals.
• Section 15.5.14 provides the hospital costs a person is eligible for when they need to access clinically necessary acute care. This section allows for the CDF or decision maker to approve the actual costs incurred if the hospital facilities are similar to the standard for a public hospital in Australia, or the costs the CDF or decision maker consider reasonable if the hospital facilities are a different standard then a public hospital in Australia when considering the specified criteria.
• Section 15.5.15 provides the hospital costs a person is eligible for when the CDF or decision maker consider that the non-urgent medical treatment is clinically necessary and cannot be delayed. This section allows for the CDF or decision maker to approve the actual costs if the hospital facilities are similar to the standard for a public hospital in Australia, or the costs the CDF or decision maker consider reasonable if the hospital facilities are a different standard then a public hospital in Australia when considering the specified criteria.
• Section 15.5.16 provides that Division 6 of Part 5 of Chapter 15 applies to a person who gives birth during a posting period overseas and their infant post birth. The Division for childbirth costs provides clarity around the benefits and conditions for giving birth overseas.
• Section 15.5.17 provides the definition of ‘childbirth costs’, which includes hospital accommodation, in-patient treatment and meals, and inpatient post-partum care, including for the infant. A note advises that pre-natal care and out-patient post-natal care are provided as other health costs under Part 5 of Chapter 15.
• Section 15.5.18 provides that the person is eligible for the costs of childbirth at the posting location if the CDF or decision maker decide that the costs should be approved if they are satisfied the conditions of treatment at the posting location meet the specified criteria.
• Section 15.5.19 provides that the infant is not eligible for health costs or ancillary services under Part 5 of Chapter 15 unless the infant is recognised as a dependant of the member. A note advises that in-patient treatment of the infant immediately following the birth will be provided under section 15.5.17.
• Section 15.5.20 provides that a person is eligible for the costs of dental treatment. The section provides that if the person is eligible for benefits under an Australian Government funded dental scheme they will receive the same benefits in the overseas posting location. All other persons will be eligible for up to 2 routine dental check-ups each financial year.
• Sections 15.5.21 and 15.5.22 provide that a person will be partially reimbursed the cost of pharmaceutical products as calculated by the provided formula. The person will be reimbursed their out-of-pocket costs up to the threshold amount each financial year. The threshold amount includes any purchases made overseas or in Australia. The sections have also been amended to adjust the out-of-pocket and annual threshold amounts that apply when calculating the amount a person may be reimbursed. These rate changes are routine in nature and ensure that the amount of reimbursement a person can receive aligns with the Australian Government Pharmaceutical Benefits Scheme thresholds. The out-of-pocket and threshold amounts are dependent on whether or not a person held a health care card in Australia.
• Section 15.5.23 provides that a person is eligible for the costs of vaccinations and anti-malaria drugs recommended by the Department of Foreign Affairs and Trade for the location, as well as routine childhood and adolescent vaccinations, and annual influenza vaccinations. This benefit ensures that appropriate vaccinations are provided for the person’s age, risk group and overseas posting location.
• Section 15.5.24 provides that a person is eligible for the cost of up to 10 sessions with a qualified mental health provider in each financial year. A person may be eligible for additional sessions if the CDF or decision maker are satisfied after considering the specified criteria that ongoing treatment is clinically necessary. The provision recognises the difficulties of Defence postings overseas and has been updated to make the benefit and its conditions clearer. 
• Section 15.5.25 provides that a person is eligible for the costs of ambulance or other medical transport to the closest appropriate health care facility in the posting country.
• Section 15.5.26 provides when a person is eligible to be reimbursed the reasonable costs for medical testing for a communicable or non-communicable disease in the overseas posting location if the CDF or decision maker is satisfied after considering the specified criteria that there was a risk of contracting the disease. The section also provides return travel to a medical facility that tests for the disease.
• Section 15.5.27 provides that a person is eligible to be reimbursed up to AUD 1,800 for ancillary services in each financial year. The section also provides that the AUD 1,800 will be converted to the local currency using the exchange rate as at 1 July for the financial year, and will be prorated if the person is eligible for part of the financial year. The rate is determined in line with the Whole of Government approach to ancillary services during an overseas posting, combined with the ancillary services rate provided under section 8.9.6A of the Principal Determination.
• Section 15.5.28 provides that Division 11 of Part 5 of Chapter 15 applies to a person who is eligible for a health cost under Part 5 of Chapter 15.
• Section 15.5.29 provides the defined terms that are to apply to the Division. This includes a definition of ‘approved period’, which is the period the CDF or decision maker is satisfied after considering the specified criteria that it is necessary for the person to remain in a location, and the definition of ‘travel costs’ which means commercial air travel, the use of private vehicles, and the use of public transport.
• Section 15.5.30 provides the definition of ‘accompanying child’. Accompanying child means a child of the person who is eligible for a travel benefit and the CDF or decision maker is satisfied after considering the specified criteria that it is reasonable for the child to accompany the person.
• Section 15.5.31 provides the definition of ‘chaperone’. Chaperone means a person over the age of 18 who accompanies the person eligible for a travel benefit. The CDF or decision maker must consider that the person requires a chaperone to accompany them if they are satisfied the specified criteria are met.
• Section 15.5.32 provides the definition of ‘commercial air travel’. Commercial air travel means economy class unless the CDF or decision maker consider that a higher class is required if they are satisfied that the specified criteria are met. Any chaperone or accompanying child travels in the same class as the person.
• Section 15.5.33 provides the definition of ‘private vehicle use costs’. Private vehicle use costs means the cost of using a private vehicle calculated using the provided formula, when the person travels between the posting location and another location overseas for medical treatment. This section provides that the CDF or decision maker will approve the costs if they are satisfied they meet the specified criteria.
• Section 15.5.34 provides the definition of ‘public transport cost’. Public transport cost means fees and charges levied by a public transport provider when the person travels between the posting location and another location overseas for treatment. The section provides that the CDF or decision maker will approve the costs if they are satisfied they meet the specified criteria. This benefit recognises that public transport may be appropriate when obtaining treatment in another location.
• Section 15.5.35 provides that a person is eligible for travel costs to obtain health care at a location other than the location of the person’s overseas residence if the CDF or decision maker is satisfied the travel costs meet the specified criteria. A note advises that travel can be to another overseas location or a location in Australia. The section broadens the criteria to allow the approval of a travel benefit within the posting location if the required treatment is not available within 100 kilometres of the person’s overseas residence.
• Section 15.5.36 provides the accommodation costs that a person, and chaperone, are eligible for if they have travelled to another overseas location, or to Australia. The section refers to Annex 15.5.A, which provides outcomes for the specific situation.
• Section 15.5.37 provides the meal allowance that a person, chaperone and accompanying child are eligible for if they have travelled to another overseas location, or to Australia. The section refers to Annex 15.5.A, which provides outcomes for the specific situation.
• Section 15.5.38 provides the travel costs if childbirth costs are not approved for the person in the posting location overseas. The section provides a travel benefit for the pregnant person to return to Australia for the purposes of giving birth, including return business class air travel, excess baggage, accommodation costs and meal allowance. Subsection 4 also provides a definition of ‘approved period’ for the section, which means the period the person is absent from the posting location overseas that the CDF or decision maker is satisfied after considering the specified criteria that it is clinically necessary.
• Section 15.5.39 provides the travel costs a pregnant person’s partner and children are eligible for if the pregnant person receives a travel benefit under section 15.5.38. The section provides a return economy class travel benefit, accommodation costs and meal allowance. Subsection 4 also provides a definition of ‘approved period’ for the section, which means the period the partner and children are absent from the posting location overseas that the CDF or decision maker considers reasonable after considering the specified criteria.
• Section 15.5.40 provides the travel costs a member or the member’s partner are eligible for if the pregnant person is a dependant of the member who is not the member’s partner. The section provides that the member or the member’s partner are eligible for the travel benefits provided under subsection 15.5.39.2. Subsection 4 also provides a definition of ‘approved period’ for the section, which means the period the member or the member’s partner are absent from the posting location overseas that the CDF or decision maker considers reasonable after considering the specified criteria.
• Annex 15.5.A provides the amounts for accommodation, meals, and incidentals when travel is required for treatment. Part 1 of the Annex provides for travel to another overseas location for treatment and Part 2 provides for travel to Australia.

Schedule 2—Transitional amendment

Item 1 inserts subdivision 8 into Division 2 of Part 2 of Chapter 1 of the Principal Determination. The item inserts the following.

• Section 1.2.18 which provides the defined terms that apply to this Schedule. Specifically it defines ‘amending determination’ to mean the Defence Determination, Conditions of service Amendment Determination (No. 9) 2026 and provides the decision makers for the Schedule.
• Section 1.2.19 which provides that a person who accompanied a member who was on a long-term posting overseas immediately before the commencement of Schedule 1 of this Determination is eligible for reimbursement of ancillary service costs above the amount in Division 10 of Part 5 of Chapter 15 if the CDF or decision maker is satisfied of the specified criteria. The section applies until the earlier of the day the member’s long-term posting ceases, or 1 July 2029.

Schedule 3—Transitional provisions

Clause 1 provides the defined terms that apply to this Schedule. Specifically, it defines ‘Defence Determination” as the Defence Determination 2016/19, Conditions of service, as in force from time to time and ‘excess health costs’ as Part 5 of Chapter 15 as in force immediately before the commencement of Schedule 1 of this Determination.

Clause 2 provides that a member who was on a long-term posting overseas between 1 July 2026 and the commencement of Schedule 1 of this Determination is eligible for the reimbursement of the health costs under Part 5 of Chapter 15 of the Defence Determination as though changes made under Schedule 1 of this Determination had applied at the time.

Clause 3 provides that excess health costs will continue to apply to a person who has incurred a cost, or a person who has been approved under excess health costs but not yet incurred the cost, before the commencement of Schedule 1 of this Determination.

Annex B

Defence Determination, Conditions of service Amendment Determination (No. 9) 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 introduce a revised overseas health cost scheme to assist members with the costs of clinically necessary health care for their dependants living or visiting them overseas. The scheme has been modernised to improve readability and to provide benefits that were not previously considered as prevailing health costs, including mental health support and the criteria for a person remaining in the posting location to give birth.

Human rights implications

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 a child to an adequate standard of living

Recognise the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development engages Article 27 of the Convention on the Rights of a Child. Article 27 states Parties shall take appropriate action to assist parents and others responsible for a child, to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

Assessment of compatibility

This Determination is compatible with human rights as it provides the family of member’s posted on a long-term posting overseas with access to health care and associated travel benefits when they live with a member at the posting location. This provides the member’s family with medical, dental, and mental health support in the posting location, and options to access appropriate medical care in another location where appropriate. Schedule 1 has expanded on existing benefits to provide members and their families with access to contemporary health services, such as mental health support, in line with modern health care.

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.