Defence Determination, Conditions of service (Individual benefits) Determination (No. 12) 2025

Overview

The Defence Determination, Conditions of service (Individual benefits) Determination (No. 12) 2025 was enacted to address the need for financial recognition and support for Defence members who were on exchange postings with partner nations during specific periods, particularly focusing on their service in challenging operational environments. This Determination was made under section 58B of the Defence Act 1903 and is subject to disallowance by the Parliament in accordance with the Legislation Act 2003. The policy objective is to ensure that Defence members receive appropriate allowances for their service, thereby promoting their well-being and morale, and reflecting the challenging nature of their deployments. The retrospective application of this Determination ensures it does not adversely affect the rights of any person other than the Commonwealth and does not impose any prejudicial liabilities. The determination is compatible with human rights as it upholds the right to just and favourable conditions of work, ensuring that Defence members receive due recognition for their service.

Scope and Application

The Defence Determination, Conditions of service (Individual benefits) Determination (No. 12) 2025 applies to members of the Australian Defence Force who were on an exchange posting with a partner nation during the specified period, in this case, between 21 December 2020 and 11 February 2021. The allowance provided under this Determination is intended to compensate members for their service during their deployment in Somalia as part of a partner force. This Determination is made under section 58B of the Defence Act 1903 and is subject to the principles of interpretation outlined in the Acts Interpretation Act 1901. The Determination is retrospective but ensures that it does not adversely affect the rights of any person other than the Commonwealth, nor does it impose any liability on such a person. The eligibility for the allowance is contingent upon the member not having received any deployment allowance under Defence Determination 2016/19, Conditions of service, during the same period. The Determination also complies with the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring its compatibility with human rights as it supports just and favourable conditions of work. Decisions made under this Determination may be reviewed under the ADF redress of grievance system or through a complaint to the Defence Force Ombudsman.

Key Provisions

The Defence Determination, Conditions of Service (Individual Benefits) Determination (No. 12) 2025, issued under section 58B of the Defence Act 1903, establishes an allowance for members who were on an exchange posting with a partner nation during a specified period. Specifically, Section 5 of the Determination applies to members who were deployed to conduct military operations or activities in Somalia between 21 December 2020 and 11 February 2021. Section 6 provides that eligible members can receive a payment of AUD 166.44 for each day of deployment, subject to a reduction by any deployment allowance received under Defence Determination 2016/19 during the same period. This allowance is intended to ensure fair remuneration for their service. The Determination imposes specific obligations on the members who qualify for the allowance. They must have been on an exchange posting with a partner nation and have participated in operations or activities in Somalia during the specified period. Additionally, they must provide any necessary documentation to substantiate their claim for the allowance. The Defence Force Ombudsman and the ADF redress of grievance system are available to address any concerns or complaints regarding decisions made under this Determination. Breaching the provisions of this Determination could lead to civil or administrative consequences. While the Determination does not explicitly state penalties for non-compliance, any failure to meet the eligibility criteria or submit required documentation could result in the denial of the allowance. Furthermore, decisions made under this Determination are subject to inquiry, and complaints can be made to the Defence Force Ombudsman, which may lead to further scrutiny and potential repercussions for any procedural errors or misrepresentations. In terms of human rights compatibility, the Determination is assessed to be in line with the International Covenant on Economic, Social and Cultural Rights, particularly Article 7, which ensures just and favourable conditions of work. The allowance provided is seen as a means to uphold these rights by offering fair remuneration to members engaged in military operations. The statement of compatibility, found in Annex B, confirms that the Determination respects human rights and freedoms as recognised in international instruments.