Defence (Individual benefits) Determination 2021 (No. 3)

Administered by Department of Defence

Legislation au F2021L01005 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence (Individual benefits) Determination 2021 (No. 3)

This Determination is 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 (Legislation Act). These instruments are also subject to the interpretation principles in the AI Act.

The Determination makes incorporates Defence Determination 2016/19, Conditions of service, as in force from time to time.

The purpose of this Determination is to provide bespoke benefits to a member of the Australian Defence Force (ADF) in advance of the commencement of their posting to enable the member’s family to fulfil certain commitments. The Determination does not provide benefits over and above those that member would have otherwise been eligible.

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 2016. Also, a person may make a complaint to the Defence Force Ombudsman.

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 definitions that apply in this Determination. The definitions reference Defence Determination 2016/19, incorporating them into this Determination, as in force from time to time.

Section 5 provides the member and 3 dependants with business class flights from Canberra, Australia to the member’s next posting location. The note is provided that there is no requirement for the member to travel at the same time as the dependants. Benefits provided in this section are consistent with what the member would have been eligible for had the travel been taken immediately before commencing their next posting.

Section 6 provides the member with travel related benefits for each person who travels under section 5.This includes travel costs for meals and incidentals and excess baggage expenses. The amount payable to the member under this section is determined by way of cross reference to Defence Determination 2016/19. Benefits provided in this section are consistent with what the member would have been eligible for had the travel been taken immediately before commencing their next posting.

Section 7 requires the member to pay the Commonwealth the cost of benefits received under this Determination if the member requests the cancellation of their next posting before it commences. 

Section 8 has the effect of preventing the member being eligible for benefits provided under Defence Determination 2016/19 relating to travel to the member’s next posting location. If the member were eligible for these benefits the Commonwealth would have provided the member with benefits that are over and above what the member would have ordinarily received on commencement of his posting.

Consultation

Before this Determination was made, consultation was undertaken with Army.

The rule maker was satisfied that further external consultation was not required.

 

 

Authority:  Section 58B of the
Defence Act 1903

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence (Individual benefits) Determination 2021 (No. 3)

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 bespoke benefits to a member of the Australian Defence Force (ADF) in advance of the commencement of their posting to enable the member’s family to fulfil certain commitments as a part of the member’s conditions of service.

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 is compatible with human rights by providing a member with favourable conditions of service that enable the member’s family to fulfil certain commitments prior to the commencement of the member’s next posting.

Conclusion

This Determination is compatible with human rights.

Fiona Louise McSpeerin, Assistant Secretary People Policy and Employment Conditions

 

 

 

 

Overview

The Defence (Individual benefits) Determination 2021 (No. 3) was enacted to provide specific benefits to members of the Australian Defence Force (ADF) ahead of their posting, allowing their families to meet certain obligations as part of their service conditions. This Determination is made under section 58B of the Defence Act 1903 and is subject to disallowance as per the Legislation Act 2003. It incorporates Defence Determination 2016/19, Conditions of service, and its purpose is to ensure that members receive benefits that are consistent with their eligibility had they taken travel immediately before commencing their next posting. The enacting body is the Parliament of Australia, and the policy objective is to support ADF members and their families by facilitating the fulfilment of commitments prior to a member's posting. The Determination does not provide benefits beyond those that a member would ordinarily receive.

Scope and Application

The Defence (Individual benefits) Determination 2021 (No. 3) applies to members of the Australian Defence Force (ADF), particularly those who are about to commence a new posting. This Determination is established under section 58B of the Defence Act 1903 and is designed to provide specific benefits to ADF members to assist their families in meeting certain commitments prior to the member's new posting. These benefits include business class flights from Canberra to the member’s next posting location for the member and up to three dependents, as well as travel-related expenses such as meals, incidentals, and excess baggage. This Determination does not extend benefits beyond what the member would have been eligible for had the travel been undertaken immediately before the posting. Decisions made under this Determination can be reviewed under the ADF redress of grievance system or by lodging a complaint with the Defence Force Ombudsman. The benefits are subject to certain conditions, including a requirement for the member to reimburse the Commonwealth if they cancel their posting after receiving these benefits. This Determination is also compatible with human rights, particularly the right to just and favourable conditions of work as outlined in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The main operative sections of the Defence (Individual benefits) Determination 2021 (No. 3) include provisions that grant bespoke benefits to a member of the Australian Defence Force (ADF) prior to their posting. Section 5 provides business class flights for the member and three dependants from Canberra to the member’s next posting location, ensuring these benefits align with what the member would have been eligible for had the travel been taken immediately before the posting (section 5). Section 6 details travel-related benefits, such as meal and incidental costs and excess baggage expenses, for those travelling under section 5 (section 6). Section 7 stipulates that if the member requests cancellation of their posting before it commences, they must repay the Commonwealth for the benefits received (section 7). Section 8 ensures that the member is ineligible for travel benefits under Defence Determination 2016/19, thereby preventing any over-provision of benefits (section 8). The Act imposes specific obligations on the parties it governs. The member of the ADF must ensure they do not misuse the benefits provided under this Determination, such as by not requesting cancellation of their posting unless absolutely necessary. If a cancellation is requested, the member must repay the Commonwealth for the benefits received (section 7). Additionally, the member must comply with any travel requirements and ensure that their dependants use the provided flights within the stipulated time frames. Failure to comply with the provisions of this Determination can lead to civil consequences. Specifically, section 7 imposes a financial penalty on the member if they request the cancellation of their posting before it commences and do not repay the benefits received. While the maximum financial penalty is not explicitly stated in the text, it is implied that the member would be liable for the full cost of the benefits provided. Additionally, any misuse of the benefits or failure to adhere to the conditions of the Determination may result in further inquiry under the ADF's redress of grievance system or complaints to the Defence Force Ombudsman.

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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.