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

Administered by Department of Defence

Legislation au F2025L01126 Not in force Legislative Instrument

Legislation content

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.

 

Approved by:

BRIG Kirk Lloyd

Director General

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903


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.

 

Overview

The Defence Determination, Conditions of service Amendment (First Nations’ language allowance) Determination (No. 15) 2025, made under section 58B of the Defence Act 1903, amends Defence Determination 2016/19 to create a new allowance for the use of First Nations’ languages by members of the Australian Defence Force (ADF) in carrying out tasks to meet operational needs. This allowance is designed to recognise the unique contributions of First Nations personnel who utilise their language, cultural awareness, and traditional knowledge in support of operations, particularly in remote areas where English is not the primary language. The allowance aims to enhance Defence’s operational capability within Australia’s sovereign territory and provides financial recognition for the essential role these skills play in on-country patrols and stakeholder negotiations. The allowance is distinct from the existing Language Allowance, which applies only to the use of foreign languages, and is set at an annual lump sum of $1,410, reflecting an increase in line with the ADF Workplace Remuneration Arrangement. The allowance is subject to conditions, including the requirement for members to complete an interpreter language assessment and for their use of language skills to be essential to the adequate performance of their position or task. This Determination is compatible with human rights, ensuring members are properly remunerated for their skills, thereby promoting the right to the enjoyment of just and favourable conditions of work under Article 7 of the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Defence Determination, Conditions of service Amendment (First Nations’ language allowance) Determination (No. 15) 2025 amends Defence Determination 2016/19, Conditions of service, under section 58B of the Defence Act 1903, to introduce a new allowance aimed at supporting the use of First Nations’ languages and enhancing Defence’s operational capability in areas where English is not the primary language. This allowance is specifically designed for Australian Defence Force (ADF) members who are required to utilise their First Nations’ language skills, cultural awareness, and traditional knowledge in operations such as Regional Force Surveillance Group (RFSG) on-country patrols and stakeholder negotiations on behalf of the ADF, the Joint Force, or multinational partners. It applies to ADF members with First Nations’ language skills who have completed an interpreter language assessment and where the use of their language skills is deemed essential for operational tasks. The allowance is payable as an annual lump sum of $1,364 and can only be paid once in a 12-month period. The determination is subject to the interpretation principles in the Acts Interpretation Act 1901 and is exempt from sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015 due to its complexity and regular review process. It is compatible with human rights, particularly the right to the enjoyment of just and favourable conditions of work under the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

This Determination amends Defence Determination 2016/19, Conditions of service, under section 58B of the Defence Act 1903. The main operative sections include the introduction of a new First Nations’ language allowance (Section 4.3.1) and the establishment of criteria for eligibility (Section 4.3.4). The allowance is intended for members who use their First Nations’ language skills to meet operational needs, excluding personal or ceremonial uses (Section 4.3.4). The rate of the allowance is set at an annual lump sum of $1,364, with an increase to $1,410 from 6 November 2025 (Section 4.3.5 and Schedule 2). Eligible members must complete an interpreter language assessment and demonstrate that their language skills are essential to their tasks (Section 4.3.4). The Act imposes specific obligations on Defence Force personnel. Members must apply for the First Nations’ language allowance through the approved form and can only be paid once in a 12-month period from the completion of the activity requiring the use of their language skills (Section 4.3.6 and 4.3.7). Decision-makers, including the Chief of Defence Force, Chief of Army, and the member's Commanding Officer, are responsible for determining eligibility based on the essential use of language skills (Section 4.3.2). There are no explicit offences, penalties, or civil/criminal consequences stated for breach of the provisions within this Determination. However, non-compliance with the criteria for the allowance or misuse of the allowance could potentially lead to administrative action or redress under the ADF grievance system. The allowance is designed to be a financial benefit for members who use their First Nations’ language skills in support of operational needs, thereby ensuring proper remuneration for their unique skills (Section 4.3.4).

Legal classification tags

Area of Law
Defence & Military Law
Human Rights Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Compliance Obligations
Human Rights Law

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.