Defence (Individual Benefits) Determination 2021 (No. 5)

Administered by Department of Defence

Legislation au F2021L01259 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence (Invidivual Benefits) Determination 2021 (No. 5)

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.

Purpose

The purpose of this Determination is to provide benefits to a member of the Australian Defence Force (ADF) in unique circumstances relating to service undertaken with an international organisation.  The benefits provided in this Determination enable the member and his partner to return to Australia to undertake further service in the ADF. The benefits are consistent with the benefits a member would receive on returning to Australia at the end of a long-term posting overseas.

Operational Details

Details of the operation of the Determination are provided at annex A.

Incorporation by reference

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

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 the Principal Determination, as amended by 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.

 

Consultation

Before this Determination was made, the following consultation was undertaken with Navy.

The rule maker was satisfied that future consultation was not required.

 

Approved by:

Fiona Louise McSpeerin

Assistant Secretary

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence (Invidivual Benefits) Determination 2021 (No. 5)

Operational details

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

Section 2 specifies that the Determination commences on the day after it is registered.

Section 3 provides that this instrument has authority under section 58B of the Defence Act.

Section 4 provides the definitions that apply in this Determination. Specifically, it incorporates Defence Determination 2016/19, Conditions of service, as in force from time to time, and identifies the member who will received the benefits under the Determination.

Section 5 enables the reimbursement of the costs of the Polymerase Chain Reaction (PCR) tests for the COVID-19 virus for the member and the member’s partner if they return to Australia with the member. The PCR tests are necessary for them to board international flights to Australia. The reimbursement is to be made to the member.

Section 6 provides the member with either the reimbursement of the costs of flights from Frankfurt am Main airport in Germany to Sydney, Australia via Singapore or, in the case that the flights the member purchases are cancelled, travel from Germany to Australia. The benefits are being provided for the member and the member’s partner if they return to Australia with the member. The flights musts not be taken at a higher class of travel than what the member would be eligible for under section 13.2.6 of the Defence Determination. The reimbursement is to be made to the member until the member is in their Australian posting location.

Section 7 enables the reimbursement of excess baggage costs for the member and the member’s partner if they return to Australia with the member. The reimbursement is to be made to the member and must not exceed the costs of a combined total of 120kg of excess baggage. If the member returns to Australia without their partner, a total of 60kg of excess baggage. The reimbursement is to be made to the member until the member is in their Australian posting location.

Section 8 provides the member and the member’s partner if they return to Australia with the member with transit accommodation, meals and incidental costs in a transit location for the period in which they are in transit. The amount payable is the same amount that would be payable to a member under section 13.3.6 of the Defence Determination, which is limited by section 13.3.9 and 13.3.10 of the Defence Determination.

Section 9 provides the costs of mandatory quarantine in Australia on the member’s return. It includes the cost of mandatory quarantine for the member’s partner if they return to Australia with the member. The costs may be paid to the member or to the service provider.

Annex B

Defence (Invidivual Benefits) Determination 2021 (No. 5)

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 benefits to a member of the Australian Defence Force (ADF) in unique circumstances relating to service undertaken with an international organisation.  The benefits provided in this Determination enable the member and his partner to return to Australia to undertake further service in the ADF, but are consistent with, and do not exceed, the benefits a member would receive on returning to Australia at the end of a long-term posting overseas.

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.

Assessment of compatibility

The Determination is consistent with human rights as it provides the member with additional benefits to return to Australia as a part of the member’s conditions of service package.

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 (Individual Benefits) Determination 2021 (No. 5) was enacted to address the unique circumstances faced by members of the Australian Defence Force (ADF) who have served with international organisations and need to return to Australia to continue their service. This Determination is made under section 58B of the Defence Act 1903 and is subject to disallowance in accordance with the Legislation Act 2003. Its purpose is to ensure that ADF members and their partners receive benefits consistent with those provided to members returning from long-term overseas postings, facilitating their return to Australia to continue their service with the ADF. The benefits include reimbursement for COVID-19 PCR tests, flight costs, excess baggage, transit accommodation, meals, incidental costs, and mandatory quarantine. These provisions aim to support the members’ transition back to Australia while upholding their human rights, as evidenced by the statement of compatibility with the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Defence (Individual Benefits) Determination 2021 (No. 5) applies to members of the Australian Defence Force (ADF) who are returning to Australia after serving with an international organisation, providing them with specific benefits akin to those offered to members returning from long-term overseas postings. This includes financial reimbursements for PCR tests, flights, excess baggage, transit accommodation, meals, and incidental costs, as well as mandatory quarantine expenses. The Determination is made under section 58B of the Defence Act 1903 and operates within the Commonwealth jurisdiction. It incorporates by reference elements from Defence Determination 2016/19, Conditions of service, and specifies that these benefits must align with those provided to members returning from overseas. There are no stated exclusions or exemptions within this Determination, and it does not extend or restrict application through subordinate instruments. Decisions made under this Determination can be subject to inquiry under the ADF redress of grievance system or complaint to the Defence Force Ombudsman.

Key Provisions

The main operative sections of the Defence (Individual Benefits) Determination 2021 (No. 5) (the Determination) specify the benefits provided to a member of the Australian Defence Force (ADF) in unique circumstances relating to service undertaken with an international organisation (section 5). These benefits include reimbursement of Polymerase Chain Reaction (PCR) tests for the COVID-19 virus (section 5), reimbursement of flight costs from Frankfurt am Main airport in Germany to Sydney, Australia via Singapore or travel in the case of flight cancellations (section 6), reimbursement of excess baggage costs (section 7), and provision of transit accommodation, meals and incidental costs (section 8). Section 9 covers the costs of mandatory quarantine in Australia, including for the member’s partner if they return to Australia with the member. The benefits are designed to enable the member and their partner to return to Australia to undertake further service in the ADF and are consistent with the benefits a member would receive on returning to Australia at the end of a long-term posting overseas. The Determination imposes several obligations on the parties it governs. Members of the ADF who meet the criteria specified in section 4 of the Determination are entitled to the benefits outlined in sections 5 to 9. These benefits must be reimbursed to the member until they are in their Australian posting location, with specific limitations on the class of travel and excess baggage. The member must provide any necessary documentation to substantiate the reimbursement claims. The costs of mandatory quarantine may be paid to the member or directly to the service provider. The Determination also incorporates elements of Defence Determination 2016/19, Conditions of service, as in force from time to time, and specifies that these benefits are subject to the interpretation principles in the Acts Interpretation Act 1901 (AI Act). Breach of the provisions of the Determination may have civil and criminal consequences. The Determination is a disallowable legislative instrument subject to the Legislation Act 2003. Decisions made under the Determination 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. The maximum penalties for offences under the Defence Act 1903, as amended by the Determination, can include fines and imprisonment, depending on the severity of the breach and the specific provisions contravened. Compliance with the Determination is essential to ensure that the benefits are provided as intended and to avoid any potential legal repercussions.

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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.