Defence (Individual benefits) Determination 2022 (No. 2)

Administered by Department of Defence

Legislation au F2022L00326 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence (Individual benefits) Determination 2022 (No. 2)

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 a member on a long-term overseas posting additional accommodation in Australia for their dependants before and after the birth of their children

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

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, consultation was under taken with Army and the Department of Foreign Affairs and Trade. The rule maker was satisfied that the further 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 (Individual benefits) Determination 2022 (No. 2)

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 it is registered.

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

Section 4 provides that the Determination applies to a member who holds one of the following employee identification numbers:

  • 8219114
  • 8573635

Section 5 provides the purpose of the determination, which is to provide a member on a long-term overseas posting additional accommodation in Australia for their dependants before and after the birth of their children.

Section 6 provides definitions which apply to the determination, and includes definition of decision maker, dependant, Defence Determination and partner.

Section 7 provides the following:

  • Subsection 7.1 provides that a member is eligible for accommodation in Australia for their dependants starting on earlier of following:
    • The date which the member’s dependants return to Australia for the purpose of giving birth; or
    • If applicable, the date the accommodation benefit under section 15.2.20 of the Defence Determination 2016/19, conditions of service (the Defence Determination) ends.  
  • Subsection 7.2 provides that the maximum duration of benefit under subsection 7.1 is the greater of the following:
    • Seventy-seven days from when the benefit commences (less any days which accommodation has been provided under section 15.2.20 of the Defence Determination), or
    • The number of days between the commencement of the benefit and a date set the decision maker.
  • Subsection 7.3 provides that the maximum daily rate for accommodation under this Determination is double the rate specified in Column C of the table in Annex 9.5.A Part 1 of the Defence Determination that corresponds with the location of the accommodation.

Section 8 provides that if the member’s dependants cease to occupy paid accommodation before the maximum duration of the benefit under subsection 7.2 is reached, the member ceases to be eligible for accommodation from the day paid accommodation is no longer occupied.

Section 9 provides that benefits under this Determination may be provided directly to the member or by way of reimbursement.

Section 10 provides that there is no eligibility to meals or incidentals under this Determination.

Section 11 provides that this Determination repeals on 31 December 2022.

 

Annex B

 Defence (Individual benefits) Determination 2022 (No. 2)

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 a member on a long-term overseas posting additional accommodation in Australia for their dependants before and after the birth of their children

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.

Right to an adequate standard of living

The protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 recognises the right of everyone to an adequate standard of living for them and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

Assessment of compatibility

This Determination is compatible with human rights as it provides a member on a long-term overseas posting with accommodation in Australia prior to and after the birth of their children as a part of their conditions of service package. The benefit will provide accommodation for a total of 11 weeks, giving the member’s family accommodation in Australia pre and post birth.

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 2022 (No. 2) was enacted under section 58B of the Defence Act 1903 by the Parliament of Australia. The primary objective of this Determination is to address the specific needs of Defence personnel on long-term overseas postings by providing additional accommodation in Australia for their dependents, particularly before and after the birth of their children. This initiative aims to support military families during critical periods such as childbirth, ensuring that they have a stable and supportive environment in Australia. The enactment of this Determination reflects a commitment to enhancing the welfare of Defence personnel and their families, aligning with broader policy objectives to support the well-being of those serving in the Australian Defence Force.

Scope and Application

The Defence (Individual benefits) Determination 2022 (No. 2) applies specifically to members of the Australian Defence Force (ADF) who are on long-term overseas postings. This Determination, made under section 58B of the Defence Act 1903, provides these members with additional accommodation in Australia for their dependants before and after the birth of their children. The benefit is designed to ensure that members’ families have secure housing during a critical period. Eligibility for this accommodation is contingent on the member holding one of the specified employee identification numbers, as detailed in Section 4 of the Determination. The benefit can be provided either directly or by way of reimbursement, but it does not extend to meals or incidentals, as clarified in Section 10. The Determination is subject to the interpretation principles in the Acts Interpretation Act 1901 and the legislation principles in the Legislation Act 2003. Notably, the benefit under this Determination will cease to apply from 31 December 2022, as per Section 11. Decisions made under this Determination can be reviewed through the ADF redress of grievance system or by making a complaint to the Defence Force Ombudsman.

Key Provisions

The Defence (Individual Benefits) Determination 2022 (No. 2) (the Determination) provides specific provisions for members of the Australian Defence Force (ADF) on long-term overseas postings. According to section 5 of the Determination, its primary purpose is to offer additional accommodation in Australia for their dependants before and after the birth of their children. Section 7.1 specifies that members are eligible for this accommodation benefit starting from the earlier of two possible dates: the date their dependants return to Australia to give birth, or the date the accommodation benefit under section 15.2.20 of the Defence Determination 2016/19, Conditions of Service (the Defence Determination) ends. The maximum duration of this benefit is defined in section 7.2, which is the greater of 77 days from the commencement of the benefit or a date set by the decision maker. The maximum daily rate for this accommodation is double the rate specified in Column C of the table in Annex 9.5A of the Defence Determination, as outlined in section 7.3. The Determination imposes several obligations on the parties it governs. Firstly, members must ensure that their dependants occupy the paid accommodation provided under this Determination until the maximum duration of the benefit is reached, as detailed in section 8. If the dependants cease to occupy the paid accommodation before this duration is completed, the member's eligibility for the accommodation benefit will cease from the day they no longer occupy the paid accommodation. Additionally, section 9 allows for the benefits to be provided either directly to the member or through reimbursement. It is important to note that there is no eligibility for meals or incidentals under this Determination, as specified in section 10. Failure to comply with the provisions of the Determination may result in civil or criminal consequences. However, the Determination itself does not explicitly state any offences, penalties, or consequences for breach. Instead, decisions 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. Furthermore, a person may make a complaint to the Defence Force Ombudsman. It is advisable for members and their dependants to adhere to the conditions set out in the Determination to avoid any potential issues or consequences.

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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.