Defence Determination, Conditions of service (Individual benefits) Determination (No. 4) 2026

Administered by Department of Defence

Legislation au F2026L00218 Not in force Legislative Instrument

Legislation content

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

 

Authority:

Section 58B of the
Defence Act 1903

 


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.

 

Overview

The Defence Determination, Conditions of service (Individual benefits) Determination (No. 4) 2026 was enacted to address a discrepancy in the deployment allowances paid to eligible Australian Defence Force (ADF) members assigned to Operation KUDU between 18 June 2022 and 3 July 2022. Made under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901, this Determination provides an additional payment to eligible members, reflecting a review of the environmental and personal risk factors encountered during the operation. It was developed following consultation with Defence Finance Group and the Directorate of Military Personnel Policy Operations and is subject to disallowance, review, and compatibility with human rights. The policy objective is to rectify the previously incorrect allowance rate, ensuring fair remuneration for ADF members in line with their service conditions.

Scope and Application

The Defence Determination, Conditions of service (Individual benefits) Determination (No. 4) 2026, made under section 58B of the Defence Act 1903, aims to provide eligible Australian Defence Force (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 they were previously paid. This additional payment is based on a review of the environmental and personal risk factors faced by the members during their assignment to Operation KUDU. The Determination applies specifically to ADF members who were eligible for deployment allowance in connection with Operation KUDU during the specified period and provides them with a payment of AUD 173.16 for each day of duty they were force assigned to the Operation, reduced by any amount of deployment allowance already received during that period. The Determination is subject to disallowance under the Legislation Act 2003 and must comply with the interpretation principles in the Acts Interpretation Act 1901. This Determination is compatible with human rights and does not specify any exclusions, exemptions, or thresholds beyond its application to the specified members and period.

Key Provisions

The main sections of the Defence Determination, Conditions of Service (Individual Benefits) Determination (No. 4) 2026, are set out in a clear and straightforward manner. Section 5 identifies the members to whom the Determination applies, specifically those force assigned to Operation KUDU between 18 June 2022 and 3 July 2022. Section 6 provides that eligible members will receive a payment of AUD 173.16 for each day they were force assigned to the Operation during the specified period, with any amount already received in connection with Operation KUDU deducted from this sum. The Determination is repealed on 30 June 2026, as stated in Section 7. The obligations and requirements imposed by this Determination are straightforward and focus on ensuring that eligible ADF members receive the additional payment to which they are entitled. The Department of Defence is required to review and calculate the additional payment based on the environmental and personal risk factors faced by members during their deployment. Additionally, the Department must ensure that any amounts previously paid under the deployment allowance are deducted from the additional payment. The Determination is in effect from the day after it is registered, and it will remain in force until 30 June 2026. Failure to comply with the provisions of this Determination may result in legal consequences. While the Determination itself does not explicitly state any offences, penalties, or consequences for breach, the Defence Act 1903 and the Legislation Act 2003 provide a framework for addressing non-compliance. Under these Acts, breaches of the Determination could potentially be subject to civil or criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach. Additionally, the ADF redress of grievance system and the Defence Force Ombudsman provide avenues for individuals to seek redress if they believe they have been unfairly treated under the Determination.

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Area of Law
Defence Law
Employment & Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Human Rights Law
Civil Penalty Provisions
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Deployment Allowance

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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.