Defence Determination, Conditions of service Amendment (First Nations’ language allowance) Determination (No. 15) 2025

EXPLANATORY STATEMENT

Defence Determination, Conditions of service Amendment (First Nations’ language allowance) Determination (No. 15) 2025

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 create a new allowance to support the use of First Nations’ languages and aims to enhance Defence’s operational capability in Australia’s sovereign territory where English is not the primary language.

This allowance addresses First Nations personnel who are required to utilise their language, cultural awareness and application of traditional knowledge in support of Regional Force Surveillance Group (RFSG) on-country patrols and stakeholder negotiations on behalf of the ADF, the Joint Force or multinational partners.

The allowance has been created with a focus on remote operations, where members of the Army are required to interact face-to-face with local community members. This allowance is distinct from Language Allowance, payable under Defence Force Remuneration Tribunal Determination No. 14 of 1992, which only applies to the use of foreign languages. First Nations’ language allowance recognises the use of Australian languages other than English.

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, the consultation was undertaken with the Regional Force Surveillance Group and Forces Command within the Army, Military Personnel Branch, First Nations Languages Capability Committee, and Directorate of Indigenous Affairs within Defence People Group.

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

Annex A

Defence Determination, Conditions of service Amendment (First Nations’ language allowance) Determination (No. 15) 2025

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 of the Determination commences on 9 October 2025.
• Schedule 2 of the Determination commences of 6 November 2025.

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—First Nations’ language allowance amendments

Item 1 inserts a new Part 3 into Chapter 4 of the Principal Determination. The amendment create a new allowance for the use of First Nations’ languages in carrying out tasks to meet operational needs. The new Part provides the following:

Part 3: Qualification and occupation based allowances

Division 1: First Nations’ language allowance

• Section 4.3.1 provides the purpose of the new Division.

• Section 4.3.2 provides the definition that apply in the Division. Specifically the section provides the definition of ‘decision maker’, allowing the CDF, the Chief of Army and the member’s Commanding Officer to make necessary decisions. The section also defines the parameters of First Nations’ language skills as the ability to gather and convey information with Australian First Nations’ people in a language they understand.
• Section 4.3.3 provides that the new Division applies to members who have First Nations’ language skills.
• Section 4.3.4 provides the eligibility for the member to receive the allowance, requiring members to have completed an interpreter language assessment, as well as the decision maker being satisfied that the member’s use of their language skills was essential to the adequate performance of the position or task required to meet an operational need. The section additionally provides that incidental, personal or ceremonial uses of language skills alone do not meet the requirements for operational need.
• Section 4.3.5 provides that the rate of allowance is an annual lump sum of $1,364. The rate of the allowance is the same as the rate of the language allowance payable in special circumstances under in the Defence Force Remuneration Tribunal Determination No. 14 of 1992, Language Allowance. The level of the allowance has been selected as the assessable skills for the First Nations’ language allowance are the macro skills of speaking and listening.
• Section 4.3.6 provides that a member is to be paid as soon as practicable, and can only be paid once in a 12 month period, which commences when the member has completed the activity that required the use of their language skills.
• Section 4.3.7 provides that the member must apply for the First Nations’ language allowance through the approved form.

Schedule 2—First Nations’ language allowance amendments

Item 1 amends section 4.5.3 of the Principal Determination, as inserted by Schedule 1 of this determination, which provides the rate of the First Nations’ language allowance. This item increases the rate of the allowance from $1,364 to $1,410, which is an increase of 3.4% in line with the ADF Workplace Remuneration Arrangement.

Annex B

Defence Determination, Conditions of service Amendment (First Nations’ language allowance) Determination (No. 15) 2025

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 create a new allowance to support the use of First Nations’ languages and aims to enhance Defence’s operational capability in Australia’s sovereign territory where English is not the primary language.

This allowance addresses First Nations personnel who are required to utilise their language, cultural awareness and application of traditional knowledge in support of Regional Force Surveillance Group (RFSG) on-country patrols and stakeholder negotiations on behalf of the ADF, the Joint Force or multinational partners.

The allowance has been created with a focus on remote operations, where members of the Army are required to interact face-to-face with local community members. This allowance is distinct from Language Allowance, payable under Defence Force Remuneration Tribunal Determination No. 14 of 1992, which only applies to the use of foreign languages. First Nations’ language allowance recognises the use of Australian languages other than English.

Human rights implications

Right to the enjoyment of just and favourable conditions of work

The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 ensures just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

Assessment of compatibility

This determination is compatible with human rights as it promotes the right to the enjoyment of just and favourable conditions of work by providing a financial benefit to members who use their First Nations’ language skills to fulfil operational needs. The determination promotes Article 7 of the International Covenant on Economic, Social and Cultural Rights by ensuring members are properly remunerated for the use of their skills.

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.