Defence (Individual benefits) Determination 2024 (No. 3)

Defence (Individual benefits) Determination 2024 (No. 3)

made under section 58B of the

Defence Act 1903

Compilation No. 1

Compilation date: 20 November 2025

Includes amendments: F2025L01400

About this compilation

This compilation

This is a compilation of the Defence (Individual benefits) Determination 2024 (No. 3) that shows the text of the law as amended and in force on 20 November 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1  Name

This instrument is the Defence (Individual benefits) Determination 2024 (No. 3).

3  Authority

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

4  Purpose

The Purpose of this Determination is to provide reimbursement to a member to assist with the costs incurred in relation to the payment of salary to an Au Pair. The Au Pair will care for a child who has accompanied the member on a long-term posting overseas, enabling the member to be available to meet the short notice requirements of their role.

5  Definitions

In this Determination the following apply.

Reimbursement period means the period starting 28 December 2022 and ending 14 January 2025.

6  Application

This Determination applies to the member holding the employee identification number 8097840.

7  Benefit

1.                    Subject to subsection 2, the member is eligible for reimbursement of the salary for an Au Pair during the reimbursement period.
2.                    The following conditions apply to the reimbursement.

1.        The maximum the member can be reimbursed under this Determination for any 12-month period within the reimbursement period is AUD 19,550. 
2.        If the member pays the Au Pair’s salary by instalments, reimbursement is limited the value of each instalment paid, up to the maximum benefit for the 12-month period in which the cost was incurred.
3.        Before the reimbursement can be paid to the member, proof of payment for the cost incurred must be provided to a person not below MAJ(E)/APS 6 who is authorised to manage Defence personnel administration at the overseas post.
4.        The following costs associated with the Au Pair are not reimbursable under this Determination.

1.                Placement fees.
2.                Accommodation and board deductions.
3.                Vacation pay.
4.                Canada Revenue Agency remittances (income tax, Canada Pension Plan contributions and Employment Insurance premiums).
5.                Domestic and international travel costs.

7A  Reimbursement of services provided after 31 December 2025

If the member has an incomplete 12-month period after 31 December 2025, the member is to be reimbursed the lesser of the following amounts for services provided under section 7.

1.        The amount paid by the member for the services.
2.        The amount calculated using the following formula.

Where:

A  is the number of days where services have been provided after 31 December 2025, up to a maximum of 14 days.

8  Cessation of benefit

1.                    Benefits under this Determination cease if any of the following events occur.

1.        The member is evacuated from the overseas posting location.
2.        The member is withdrawn from the posting location.
3.        The member’s long-term posting overseas ends before the end of the reimbursement period.

1.                   
   Despite paragraph 7.2.b, if subsection 1 applies, the maximum reimbursement the member can receive for the 12-month period in which the event occurs, is calculated using the following formula.

Where:

A  is the number of days left in the 12-month period in which the event under subsection 1 occurred.

9  Repeal

This Determination is repealed on 1 March 2026.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history