Defence (Domestic emergency operations) Determination 2020

Administered by Department of Defence

Legislation au F2020L01685 In force Legislative Instrument

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Defence (Domestic emergency operations) Determination 2020

This Determination is made under section 58B of the Defence Act 1903 (the 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.

The Determination makes references to sections of Defence Determination 2016/19, Conditions of service, which are incorporated into this Determination as in force from time to time. Defence Determination 2016/19, Conditions of service, is a legislative instrument made under section 58B of the Defence Act.

The purpose of this Determination is to provide a reimbursement to members for the costs associated with their early return from a holiday location and unrecoverable costs associated with the cancellation of, or the change to, a holiday if they are required to provide service as a part of an operation established in response to a domestic emergency, which may include a natural disaster or the outbreak of an infectious disease such as COVID-19 during a pandemic.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that this instrument commences on the day after registration.

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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Section 5 provides the purpose of the Determination.

Section 6 provides the definitions used in this Determination. The definitions provide terms necessary for the operation of this Determination, including identifying decision-makers for the purpose of exercising the discretionary power under this Determination and incorporating specified terms and phrases from Defence Determination 2016/19, Conditions of service, as in force from time to time.

Section 7 specifies the classes of members this Determination applies to. It applies to the following:

  • Members of the Reserves who provide service on an operation established in response to a domestic emergency who have to cancel or amend holiday arrangements in order to provide the Reserve service. The member may provide service on an operation voluntarily or in response to a call out order.
  • Members on continuous full-time service who have a period of approved leave or short absence which is cancelled as a consequence of being assigned on an operation established in response to a domestic emergency and had to cancel or amend holiday arrangements as a consequence of being required to provide service on the operation. The member may be on continuous full-time service as a member of the Permanent Forces or as a member of the Reserves.

Section 8 provides that a member is eligible for the reimbursement of reasonable costs of transport, accommodation and meals associated with the return of the member and dependants from the holiday location, and reimbursements for unused parts of the holiday. Section 8 applies to the member’s dependants if they travelled, or were to travel, with the member. In particular, section 8 provides:

  • If the member has left the posting location and they are able to modify their transport booking, for example: if the booking was for a flexible ticket, the member is eligible for any additional expenses.
  • If the member has left the posting location and they are unable to modify their transport booking, for example: if the booking was for a ticket that does not permit changes, the member is eligible for the cost of a new booking.
  • The member may be reimbursed reasonable costs in association with the cancellation of unused portions of any holiday arrangements. This may include, but is not limited to, the cost of cancelled accommodation or transport. The amount that may be reimbursed is limited to what is unrecoverable from service providers or through travel insurance.

Section 9 prevents a member eligible for a reimbursement of costs under Chapter 5 Part 13 of Defence Determination 2016/19, Conditions of service, from being eligible to receive benefits reimbursement under this Determination for the same period of service.

Schedule 1—Repeals

Section 1 repeals Defence Determination (Operation BUSHFIRE ASSIST) Determination 2020 in full.

 

Criteria are provided for the exercise of discretion under this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation 2016. A person may also make a complaint to the Defence Force Ombudsman.

Consultation

Navy, Army and Air Force were consulted before this Determination was made. The rule maker was satisfied that further external consultation was not required.

 

 

Authority:  Section 58B of the
Defence Act 1903

 

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

The purpose of this Determination is to provide a reimbursement to members for the costs associated with their early return from a holiday location and unrecoverable costs associated with the cancellation of, or the change to, a holiday if they are required to provide service as a part of an operation established in response to a domestic emergency, which may include a natural disaster or the outbreak of an infectious disease such as COVID-19 during a pandemic.

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 guarantees just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

This Determination advances just and favourable conditions of work by providing a reimbursement of costs that a member incurred if they are required to provide service as a part of an operation established in response to a domestic emergency. Members are eligible for the reimbursement of costs associated with transport, accommodation and meals to return them and their dependants from a holiday location. The Determination also provides a reimbursement of reasonable costs associated with the cancellation of, or amendment to, holiday arrangements that they and their dependants were not able to benefit from as a consequence of being required to provide service.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions

 

 

 

 

Overview

The Defence (Domestic emergency operations) Determination 2020 was enacted under section 58B of the Defence Act 1903 and is aligned with the interpretation principles in the Acts Interpretation Act 1901. This Determination was introduced to address the financial burdens incurred by defence members who are required to return from their holiday locations and cancel or modify their holiday plans due to their deployment in operations responding to domestic emergencies, including natural disasters or infectious disease outbreaks such as COVID-19. The objective of the Determination is to provide reimbursement to eligible members for the unrecoverable costs associated with their early return and the cancellation of their holiday plans. The enacting body is the Australian Parliament, and the policy objective is to ensure that defence members are fairly compensated for the financial impact of their immediate deployment in response to domestic emergencies. The Determination outlines the criteria for reimbursement of reasonable costs related to transport, accommodation, meals, and the cancellation of unused holiday arrangements. It applies to members of the Reserves and members on continuous full-time service who have to cancel or amend their holiday arrangements due to being deployed in response to a domestic emergency. The Determination also ensures that eligible members are not subject to double reimbursement for the same period of service. This legislative instrument was developed following consultations with the Navy, Army, and Air Force, and it is compatible with the human rights and freedoms recognised in international instruments, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Defence (Domestic emergency operations) Determination 2020 is a legislative instrument made under section 58B of the Defence Act 1903 and applies to members of the Australian Defence Force (ADF) who are required to provide service as part of an operation established in response to a domestic emergency, including natural disasters and infectious disease outbreaks like COVID-19. Specifically, the Determination applies to Reserve members who have to cancel or amend holiday arrangements due to an emergency operation, and members on continuous full-time service whose leave or short absence is cancelled for the same reason. The Determination provides for the reimbursement of reasonable costs associated with the members' early return from a holiday location and unrecoverable costs from holiday cancellations or changes. The scope of the Determination includes eligible members' dependants if they travelled or were to travel with the member. However, members who are already eligible for reimbursement under Chapter 5 Part 13 of Defence Determination 2016/19, Conditions of service, are not eligible for benefits under this Determination for the same period of service. Adverse decisions may be subject to inquiry under the ADF redress of grievance system, and complaints can be made to the Defence Force Ombudsman.

Key Provisions

The Defence (Domestic Emergency Operations) Determination 2020 (the Determination) outlines the conditions under which members of the Australian Defence Force (ADF) may receive reimbursement for certain costs incurred due to a domestic emergency. Section 7 specifies the classes of members to whom this applies, including reservists and members on continuous full-time service, who have to cancel or amend holiday arrangements in order to provide service on an operation established in response to a domestic emergency. This could be due to a natural disaster or an outbreak of an infectious disease such as COVID-19 during a pandemic. The Determination imposes specific obligations on the members and the ADF. Members are eligible for reimbursement of reasonable costs of transport, accommodation, and meals associated with their early return from a holiday location and unrecoverable costs associated with the cancellation of, or change to, a holiday, as outlined in Section 8. The amount reimbursed is limited to what is unrecoverable from service providers or through travel insurance. Furthermore, Section 9 prevents a member who is eligible for reimbursement of costs under another determination from being eligible to receive benefits reimbursement under this Determination for the same period of service. Breaches of this Determination could lead to civil or criminal consequences. Although specific offences and penalties are not detailed in the Determination, the ADF Redress of Grievance System and the Defence Force Ombudsman provide mechanisms for addressing adverse decisions. This ensures that the rights of members are protected and that any grievances related to the application of this Determination can be reviewed. The Determination is compatible with human rights, as it advances the protection of human rights by providing a reimbursement of costs that members incurred if they are required to provide service as part of an operation established in response to a domestic emergency. This ensures just and favourable conditions of work, as protected under Article 7 of the International Covenant on Economic, Social and Cultural Rights.

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Area of Law
Defence & Security Law
Instrument
Determination
Concepts
Definitions & Interpretation
Offence Provisions
Reimbursement Provisions

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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.