EXPLANATORY STATEMENT
Defence Determination, Conditions of service (Spent Determinations) Repeals Determination (No. 1) 2026
Section 58B of the Defence Act enables the Minister and his delegates to make determinations providing benefits to members of the ADF and their families as a part of the member’s conditions of service. Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act. These determinations are also subject to the interpretation principles in the Acts Interpretation Act 1903.
The main determination that provides these benefits to members and their families is Defence Determination 2016/19, Conditions of service. The 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.
From time to time, determinations are also made to provide individual members, or classes of members, with specific benefits that are specific to their circumstances. These determinations often provide benefits by way of one-off payments to members or a range of time limited benefits, such an extension of housing benefits.
Following a review of the determinations that remain in force, it has been concluded that the determinations listed in the Schedule are no longer required as they considered spent. Accordingly, the purpose of this Determination is to repeal those spent determinations.
Operational details
Details of the operation of this 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
The purpose of this Determination is to repeal determinations that contain application, saving or transitional provisions which are spent. As such, this Determination does not make provision for discretionary decisions.
Nevertheless, decisions made under discretionary decision making 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
The rule maker was satisfied that the changes made by this Determination was not required as the determinations being repeals no longer have any application and due to the technical nature of the repeals.
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 (Spent Determinations) Repeals Determination (No. 1) 2026
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on the day after registration on the Register of Legislative Instruments.
Section 3 provides that this Determination has authority under section 58B of the Defence Act.
Section 4 provides that each determination specified in a Schedule to this Determination is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this determination has effect according to its terms.
Schedule 1—Repeals
Item 1 repeals various determinations made under section 58B of the Defence Act that are not determinations that amend Defence Determination 2016/19, Conditions of service. These determinations are suitable for repeal as they no longer have any application.
Item 2 repeals various determinations made under section 58B of the Defence Act that have amended Defence Determination 2016/19, Conditions of service. The amendments to the Defence Determination have been made in accordance with the commencement provisions and the transitional or savings provisions no longer have any application.
Item 3 repeals various determinations made under section 58B of the Defence Act that have amended principal determinations, other than Defence Determination 2016/19, Conditions of service. The amendments to the principle determination have been made in accordance with the commencement provisions and the transitional or savings provisions no longer have any application.
Annex B
Defence Determination, Conditions of service (Spent Determinations) Repeals Determination (No. 1) 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 repeal determinations made under section 58B of the Defence Act that no longer have any application and are considered spent.
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
Schedule 1 repeals determinations that provide for the conditions of service for members and their families. The determinations provided for just and favourable conditions of service however they have no further application and are considered spent. Accordingly, the repeal of these determinations does not engage with any of the applicable rights or freedoms.
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.