Defence (Individual benefits) Determination 2024 (No. 4)

Administered by Department of Defence

Legislation au F2024L01126 In force Legislative Instrument

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EXPLANATORY STATEMENT

Defence (Individual benefits) Determination 2024 (No. 4)

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. These instruments are also subject to the interpretation principles in the AI Act.

Purpose

The purpose of this Determination is to provide a removal and associated travel costs to the family of a former member in exceptional circumstances.

Operational details

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

Incorporation by reference

The Determination makes references to sections of the Defence Determination 2016/19, Conditions of service. This Instrument is incorporated into this Determination 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. Also, a person may make a complaint to the Defence Force Ombudsman.

 

Consultation

Before this Determination was made, consultation was undertaken with Military Personnel Division and Air Force.

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. 4)

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 the instrument 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 that the determination applies to the family of a former member of the ADF. For the purpose of this Determination ‘family’ means a member of the family of the former member who were formally recognised under the Defence Determination as resident family immediately before the former member ceased continuous full-time service.

Section 6 provides definitions for the purpose of the determination.

Section 7 provides a removal benefit for the family of the former member from the former member’s last housing benefit location to a location chosen by the former member’s family. The section further provides that the removal must be taken no later than 13 October 2026.

Section 8 provides that the family are eligible for the benefits that are associated with a removal up to what the former member would have received had the former member taken the removal. The section further provides the family are not eligible for any associated benefits that the former member has already received as a consequence of being eligible for the removal. The associated benefits are payable at the rate that applies when the benefits are provided.

Section 9 provides that the family are required to make any contributions that the former member would have otherwise been required to make had they taken the removal. The rate of contribution is the rate that applies at the time the benefit is provided.

Section 10 provides that the determination is revoked on 14 October 2026.


Annex B

Defence (Individual benefits) Determination 2024 (No. 4)

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 removal and associated travel costs to the family of a former member in exceptional circumstances.

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

Schedule 1 is compatible with human rights as it provides the family of a former member a removal, and the benefits that are associated with a removal, in unforeseen circumstances when they would otherwise not be eligible.

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. 4) was enacted under section 58B of the Defence Act 1903, addressing a gap in the provision of benefits to the families of former members in exceptional circumstances. This Determination, subject to disallowance and interpretation principles as per the Legislation Act 2003 and the Acts Interpretation Act 1901, aims to ensure that families of former members receive removal and associated travel costs when necessary. The objective is to provide a safety net for families in unforeseen situations, ensuring they are not left without support when it is most needed. The Determination is subject to review under the ADF redress of grievance system and may be appealed to the Defence Force Ombudsman. Consultation with relevant military divisions was undertaken prior to the Determination's enactment, and it was approved by the Director General People Policy and Employment Conditions.

Scope and Application

The Defence (Individual benefits) Determination 2024 (No. 4) applies to the family of a former member of the Australian Defence Force (ADF). Specifically, it provides a removal benefit and associated travel costs to family members who were formally recognised as resident family immediately before the former member ceased continuous full-time service. The benefits are provided in exceptional circumstances, and the removal must be undertaken by 13 October 2026. The family is eligible for associated benefits up to the rate the former member would have received if they had undertaken the removal, but they must also contribute at the rate that applies at the time the benefit is provided. This Determination is subject to disallowance and is governed by the principles of interpretation set out in the Acts Interpretation Act 1901. It is also compatible with human rights as it provides support to the family in unforeseen circumstances when they would otherwise not be eligible.

Key Provisions

The main operative sections of the Defence (Individual benefits) Determination 2024 (No. 4) are outlined in sections 7 to 10. Section 7 provides a removal benefit for the family of a former member of the Australian Defence Force (ADF), allowing them to relocate from their last housing benefit location to a location chosen by the family, with this benefit available until 13 October 2026. Section 8 specifies that the family is entitled to associated benefits up to the rate that the former member would have received had they taken the removal themselves, although these benefits cannot exceed what the former member has already received. Section 9 stipulates that the family must make any contributions that the former member would have been required to make, at the rate applicable at the time the benefit is provided. Finally, Section 10 states that the Determination is revoked on 14 October 2026. The Act imposes several obligations and requirements on the parties it governs. Firstly, the family of a former member must apply for the removal benefit within the specified timeframe, as outlined in Section 7. They must also ensure that the relocation is completed by 13 October 2026. The family is required to make any contributions towards the removal costs, as stipulated in Section 9, at the rate applicable at the time the benefit is provided. Additionally, the family must not exceed the benefits that the former member would have received, as outlined in Section 8. There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of this Determination. However, the Determination is subject to the ADF redress of grievance system provided under Part 7 of the Defence Regulation, meaning that decisions made under the Principal Determination, as amended by this Determination, may be subject to inquiry. Furthermore, a person may make a complaint to the Defence Force Ombudsman if they believe their rights under the Determination have been infringed. This provides a mechanism for addressing any grievances or disputes that may arise from the implementation of the Determination.

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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.