EXPLANATORY STATEMENT
Defence Determination, Conditions of service (Individual benefits) Determination (No. 4) 2026
This Determination is made under section 58B of the Defence Act 1903 (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.
Purpose
The purpose of this Determination is to provide eligible ADF members force assigned to Operation KUDU between 18 June 2022 and 3 July 2022 with an additional payment in addition to the deployment allowance that they were previously paid. The additional payment has been calculated based on a review of the environmental and personal risk factors that a member faced while on the Operation.
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 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, consultation was undertaken with Defence Finance Group and the Directorate of Military Personnel Policy Operations.
The rule maker was satisfied that further consultation was not required.
Approved by: | BRIG Kirk Lloyd Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination, Conditions of service (Individual benefits) Determination (No. 4) 2026
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that the Determination commences on the day after the instrument is registered.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 provides the definitions for this Determination, in particular ‘Defence Determination’ and ‘deployment allowance’, which is the daily rate payable to eligible members under the Defence Determination. ‘Specified period’ is the period for which the amended daily deployment allowance rate will be paid.
Section 5 identifies the members to which this Determination applies.
Section 6 provides a member who was eligible to receive deployment allowance in connection with Operation KUDU a payment of AUD 173.16 for each day of duty they were force assigned to the Operation during the specified period. The amount is reduced by any amount of deployment allowance the member already received in connection with Operation KUDU during the specified period.
Section 7 provides that this Determination is repealed on 30 June 2026.
Annex B
Defence Determination, Conditions of service (Individual benefits) Determination (No. 4) 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 provide eligible ADF members force assigned to Operation KUDU between 18 June 2022 and 3 July 2022 with an additional payment in addition to the deployment allowance that they were previously paid. The additional payment has been calculated based on a review of the environmental and personal risk factors that a member faced while on the Operation. The increase in the allowance is due to a previously incorrect rate.
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 provides an additional payment to eligible ADF members force assigned to Operation KUDU between 18 June 2022 and 3 July 2022. The payment has been calculated based on a review of the environmental and personal risk factors that members faced while on the Operation.
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.