Defence (Individual Benefits) Determination 2022 (No. 7)

Administered by Department of Defence

Legislation au F2022L01328 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence (Individual Benefits) Determination 2022 (No. 7)

This Determination is made under section 58B of the Defence Act 1903 (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 (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 commencing a long-term posting overseas a travel benefit for a close relative to accompany the member to the overseas posting location and provide care arrangements for the member’s dependants and to assist with the member’s return to Australia at the end of their posting.

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

Consultation was undertaken with Navy and the Overseas Administration Team before this Determination was made. The rule maker was satisfied that 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. 7)

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 on the Federal Register of Legislation.

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

Section 4 provides the purpose of the Determination.

Section 5 provides definitions which apply to the Determination.

Section 6 identifies the member to which the Determination applies by reference to their employee identification number.

Section 7 provides there period for which the member is eligible for benefits under the Determination.

Section 8 provides that the member is eligible for two return business class flights for their close relative to travel from Australia to the member’s next posting location at the start of the members posting and from Australia to the members posting location at the end of the members posting.

Section 9 provides that the member is eligible for travel costs, baggage benefits and health care benefit for their close relative.

Section 10 provides that the member is eligible for reimbursement of other travel-related costs that are incurred by the close relative, and is limited to the costs of a passport, and the cost of a visa.

Section 11 provides that if the member’s long-term posting overseas is cancelled on request of the member before the posting commences, the member must repay the cost of any benefits received under this Determination which cannot be refunded.

 

 

Annex B

 Defence (Individual Benefits) Determination 2022 (No. 7)

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 commencing a long-term posting overseas a travel benefit for a close relative to accompany the member to the overseas posting location and provide care arrangements for the member’s dependants and to assist with the member’s return to Australia at the end of their posting.

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

This Determination is compatible with human rights as it provides a member with a travel benefit for their close relative to accompany them to and from their long-term overseas posting so that the member’s close relative can assist with the care, wellbeing and management of the member’s children on the flight to and from the overseas location, as well as to provide the member with support and assistance while settling in and settling out of the overseas location.

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. 7) was enacted under the authority of section 58B of the Defence Act 1903, and it is subject to the interpretation principles outlined in the Acts Interpretation Act 1901. The primary purpose of this Determination is to provide members of the Australian Defence Force who are commencing long-term overseas postings with benefits related to travel for close relatives, care arrangements for dependants, and assistance with their return to Australia. This legislative instrument addresses the need for support and practical assistance for military personnel and their families during significant transitions, ensuring that members can be accompanied by close relatives, who can assist with the care of dependants and provide emotional support during the posting and return process. The Determination is subject to disallowance under the Legislation Act 2003 and was subject to consultation with relevant stakeholders before its enactment.

Scope and Application

The Defence (Individual Benefits) Determination 2022 (No. 7) applies to members of the Australian Defence Force (ADF) who are commencing a long-term posting overseas. This legislation aims to provide a travel benefit for a close relative to accompany the member to the overseas posting location, ensure care arrangements for the member’s dependants, and assist with the member’s return to Australia at the end of the posting. The benefit includes travel allowances, reimbursement for passport and visa costs, and health care benefits for the close relative. This Determination is applicable Commonwealth-wide, extending to all members of the ADF who meet the eligibility criteria, regardless of their location within Australia. The benefits are not available to members whose overseas postings are cancelled before they commence. The Determination is subject to disallowance and is subject to the interpretation principles in the Acts Interpretation Act 1901. Further operational details and compatibility with human rights are outlined in annexes A and B respectively.

Key Provisions

The Defence (Individual Benefits) Determination 2022 (No. 7) (Determination) provides a travel benefit for members of the Australian Defence Force (ADF) who are commencing a long-term posting overseas. Under section 8 of the Determination, eligible members are entitled to two return business class flights for a close relative to travel from Australia to the member’s next posting location at the start of their posting and from the posting location to Australia at the end of their posting. This benefit is designed to ensure that the member’s close relative can assist with the care, wellbeing and management of the member’s children during the flights, as well as provide support and assistance while the member is settling in and settling out of the overseas location. Section 9 of the Determination allows eligible members to claim travel costs, baggage benefits and health care benefits for their close relative. Furthermore, section 10 permits the reimbursement of other travel-related costs incurred by the close relative, limited to the costs of a passport and the cost of a visa. This provision aims to alleviate the financial burden associated with travel for the member’s close relative and facilitate their ability to provide necessary support during the member’s overseas posting. The Determination imposes certain obligations on the parties it governs. Members who are granted benefits under the Determination must ensure that the close relative they nominate is genuinely available to provide the intended support and assistance during their overseas posting. Additionally, members must repay the cost of any benefits received under the Determination if their long-term posting overseas is cancelled on their request before the posting commences and the benefits cannot be refunded, as outlined in section 11. Breaches of the Determination may result in civil or criminal consequences. Although specific offences and penalties are not outlined in the Determination itself, it is subject to the Defence Regulation 2016, which provides for the ADF redress of grievance system under Part 7. This system allows for inquiries into decisions made under the Principal Determination, as amended by this Determination. Moreover, a person may make a complaint to the Defence Force Ombudsman. The exact consequences of a breach would depend on the nature and severity of the breach, and would be determined in accordance with relevant ADF regulations and procedures.

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Defence Law
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Regulation
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Definitions & Interpretation
Commencement Provisions
Human Rights Law

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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.