EXPLANATORY STATEMENT
Defence Determination (Individual Benefits) Repeal Determination (No. 1) 2026
This Determination repeals various determinations 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The determinations being repealed provided specified members with benefits specific to their circumstances as a part of the member’s conditions of service. The benefits provided were in addition, or supplementary, to benefits the member was eligible for under Defence Determination 2016/19, Conditions of service, as amended from time to time.
The determinations are being repealed as they no longer contain operative rules. The repeal of these determinations does not adversely affect a member who received a benefit under the respective determination.
Purpose
The purpose of this Determination is to repeal the following determinations:
- Defence (Individual benefits) Determination 2021 (No. 3).
- Defence (Individual Benefits) Determination 2021 (No. 5).
- Defence (Individual Benefits) Determination 2021 (No. 6).
- Defence (Individual Benefits) Determination 2021 (No. 8).
- Defence (Individual Benefits) Determination 2022 (No. 3).
- Defence (Individual Benefits) Determination 2022 (No. 7).
- Defence (Individual Benefits) Determination 2023 (No. 5).
- Defence (Individual benefits) Determination 2024 (No. 1).
- Defence Determination, Conditions of service (Individual benefits) Determination (No. 12) 2025.
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
Discretionary decisions are not made under this Determination. The decision to repeal a determination by this determination may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation. An affected person may also make a complaint to the Defence Force Ombudsman.
Consultation
The rule maker was satisfied that consultation was not required outside of the People Policy and Employment Conditions Branch, however consultation was undertaken within the Branch to ensure the determinations were no longer required.
Approved by: | COL Emmet O’Mahoney Acting Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination (Individual Benefits) Repeal 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 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 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—Repeals
Items 1 to 9 repeal the following determinations.
- Defence (Individual benefits) Determination 2021 (No. 3).
- Defence (Individual Benefits) Determination 2021 (No. 5).
- Defence (Individual Benefits) Determination 2021 (No. 6).
- Defence (Individual Benefits) Determination 2021 (No. 8).
- Defence (Individual Benefits) Determination 2022 (No. 3).
- Defence (Individual Benefits) Determination 2022 (No. 7).
- Defence (Individual Benefits) Determination 2023 (No. 5).
- Defence (Individual benefits) Determination 2024 (No. 1).
- Defence Determination, Conditions of service (Individual benefits) Determination (No. 12) 2025.
Annex B
Defence Determination (Individual Benefits) Repeal 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 specific determinations that provided benefits to specified individuals in addition, or supplementary to conditions of service provide in Defence Determination 2016/19, Conditions of service, as in force from time to time.
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 does no engage with human rights as it repeals specified determinations that no longer contain operative rules. The repeal of Determination does not adversely affect any individual that received a benefit under the respective determinations.
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.