Defence (Individual benefits) Determination 2024 (No. 3) Amendment Determination (No. 14) 2025

Administered by Department of Defence

Legislation au F2025L01400 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence (Individual benefits) Determination 2024 (No. 3) Amendment Determination (No. 14) 2025

This Determination amends Defence (Individual benefits) Determination 2024 (No. 3) (the Principal Determination), 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. These instruments are also subject to the interpretation principles in the AI Act.

This Determination amends the Principal Determination, which provides a reimbursement to assist with the costs incurred by the member in relation to the payment of a salary to an Au Pair. The Au Pair will care for a child who accompanied the member on a long-term posting overseas. This enabled the member to be available to meet the short notice requirements in their role.

Purpose

The purpose of this Determination is to do the following:

  • Extend the end date of the reimbursement period from ‘31 December 2025’ to ‘14 January 2026’ due to the extension of the member’s long-term posting overseas.
  • To provide a pro rata reimbursement calculation for the benefit that the member may receive during the extended reimbursement period.

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

Consultation

Before this Determination was made, the consultation was undertaken with Navy. The rule maker was satisfied that further consultation was not required.

 

Approved by:

BRIG Kirk Lloyd

Director General

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence (Individual benefits) Determination 2024 (No. 3) Amendment Determination (No. 14) 2025 Operational details

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

Section 2 provides the Determination commences on the day the instrument is registered.

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

Section 4 provides that each instrument specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Reimbursement period amendments

Item 1 amends section 5 of the Principal Determination, which provides the definition of ‘reimbursement period’. The definition has been amended to change the end date of ’31 December 2025’ to ‘14 January 2026’. The period of the member’s posting has been extended by an additional 14 days and this extension to the reimbursement period will allow the member to be reimbursed costs for their Au Pair for the additional period.

Item 2 inserts a new section 7A into the Principal Determination, which provides that the member is to be reimbursed costs for services provided under section 7 of the Principal Determination after 31 December 2025. The amount of the reimbursement is the lesser of the amount paid by the member or the amount calculated using the provided formula.

Item 3 inserts a new section 9 into the Principal Determination, which repeals the Determination on 1 March 2026.

 

 

 

Annex B

Defence (Individual benefits) Determination 2024 (No. 3) Amendment Determination (No. 14) 2025 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 do the following:

  • Extend the end date of the reimbursement period from ‘31 December 2025’ to ‘14 January 2026’ due to the extension of the member’s long-term posting overseas.
  • To provide a pro rata reimbursement calculation for the benefit that the member may receive during the extended reimbursement period.

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 ensures 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 assists the member to maintain care for their child in circumstances where the member has to meet the short notice requirements in their role.

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 2024 (No. 3) Amendment Determination (No. 14) 2025 amends the Defence (Individual benefits) Determination 2024 (No. 3), which was made under section 58B of the Defence Act 1903. This amendment was introduced to address the need for extending the reimbursement period for members of the Australian Defence Force (ADF) who have incurred costs related to employing an Au Pair to care for their child during a long-term overseas posting. The purpose of this amendment is to extend the end date of the reimbursement period from 31 December 2025 to 14 January 2026, reflecting the extension of the member's overseas posting, and to provide a pro rata reimbursement calculation for the additional period. The amendment ensures that ADF members are adequately supported in maintaining care for their children while fulfilling their duties, particularly when they are required to meet short notice demands. The Determination was made in accordance with subsection 33(3) of the Acts Interpretation Act 1901 and is subject to the Legislation Act 2003. It was approved by BRIG Kirk Lloyd, Director General of People Policy and Employment Conditions, and is compatible with human rights as it supports the member's right to just and favourable conditions of work. Before the Determination was made, consultation was undertaken with the Navy, and it was deemed unnecessary to seek further consultation. Decisions made under the amended Principal Determination may be subject to inquiry under the ADF redress of grievance system or complaint to the Defence Force Ombudsman.

Scope and Application

The Defence (Individual benefits) Determination 2024 (No. 3) Amendment Determination (No. 14) 2025 applies to members of the Australian Defence Force (ADF) who have engaged an Au Pair to care for a child accompanying them on a long-term overseas posting. This amendment extends the reimbursement period for the costs incurred by the member for the Au Pair from 31 December 2025 to 14 January 2026 to accommodate an extension in the member's overseas posting. The amendment also introduces a pro rata reimbursement calculation for the benefit received during the extended period. This Determination operates within the Commonwealth jurisdiction and is subject to the provisions of the Defence Act 1903 and the Acts Interpretation Act 1901, which govern the interpretation and operation of the instrument. The Amendment Determination does not specify any exclusions or thresholds, and its application is not extended or restricted by subordinate instruments.

Key Provisions

The main operative sections of this Determination are sections 1 through 4, which set out the citation, commencement, authority, and amendment provisions respectively. Section 1 indicates how this Determination may be cited, while Section 2 specifies the commencement date as the day the instrument is registered. Section 3 establishes the authority of this Determination under section 58B of the Defence Act 1903. Section 4 details how the instruments specified in the Schedule are amended or repealed according to the items in the Schedule. The primary changes are outlined in Schedule 1, which includes amendments to the reimbursement period and the introduction of a pro rata reimbursement calculation. This Act imposes specific obligations on the parties it governs, primarily the Defence member and the Defence Force. The member must ensure that the services provided by the Au Pair are eligible for reimbursement under the extended period. The Defence Force, on the other hand, must adhere to the new reimbursement calculation and ensure that members are reimbursed appropriately for the extended period. Additionally, the Defence Force must ensure that the member's rights and obligations are clearly communicated and that the member understands the terms of the reimbursement. There are no specific offences outlined in this Determination. However, failure to comply with the reimbursement terms or misrepresentation of services provided could lead to civil or administrative consequences. For instance, if a member submits false claims for reimbursement, this could result in financial penalties or recovery of the wrongly paid amounts. While this Determination does not explicitly state penalties, breaches of the Defence Act or Defence Regulations could incur additional consequences, including disciplinary action against Defence members or administrative sanctions against the Defence Force.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Determination
Concepts
Commencement Provisions
Pro rata Reimbursement Calculation
Repeal & Amendment

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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.