Defence (Individual benefits) Determination (No. 1) 2025

Overview

The Defence (Individual Benefits) Determination (No. 1) 2025 was enacted to address the need for reimbursement of relocation costs for Defence members in unique circumstances upon ceasing continuous full-time service. This legislation was introduced under section 58B of the Defence Act 1903 and is subject to disallowance and interpretation principles as outlined in the Acts Interpretation Act 1901 and the Legislation Act 2003. The policy objective of this Determination is to ensure that members in exceptional situations receive reimbursement for relocation costs, not exceeding the standard benefits provided to all members ceasing continuous full-time service. The enactment of this Determination by the relevant authority aims to uphold the right to just and favourable conditions of work, aligning with the International Covenant on Economic, Social and Cultural Rights. This legislative instrument is designed to offer necessary financial support to members facing unique challenges in their transition out of full-time service.

Scope and Application

The Defence (Individual Benefits) Determination (No. 1) 2025 applies to former members of the Australian Defence Force who find themselves in unique circumstances necessitating relocation costs upon ceasing continuous full-time service. This legislation, made under section 58B of the Defence Act 1903, provides these individuals with reimbursement for such costs, ensuring they do not fall short of what would typically be provided to a member under ordinary circumstances. The Determination also covers reimbursement for other reasonable relocation-related expenses if the decision-maker deems them necessary. It is subject to the interpretation principles outlined in the Acts Interpretation Act 1901 and is incorporated by reference to sections of the Defence Determination 2016/19, Conditions of service. This Determination operates nationally within Australia, affecting all members of the Defence Force regardless of state or territory boundaries. The benefits it provides do not exceed those normally granted, ensuring fairness and consistency. Decisions made under this Determination can be reviewed through the Australian Defence Force's redress of grievance system or by making a complaint to the Defence Force Ombudsman.

Key Provisions

The Defence (Individual benefits) Determination (No. 1) 2025, made under section 58B of the Defence Act 1903, aims to provide a member in unique circumstances with reimbursement of relocation costs upon ceasing continuous full-time service. According to section 4, the purpose is to ensure that the benefits provided do not exceed those that would otherwise be available to a member under normal circumstances. Section 5 provides definitions for key terms such as 'decision maker', 'Defence Determination', 'housing benefit location', and'removal on ceasing continuous full-time service', which are crucial for the interpretation and application of the Determination. Section 6 identifies the scope of the Determination, specifying that it applies to former members who are eligible for reimbursement of relocation costs incurred when ceasing continuous full-time service. The maximum reimbursement amount is determined by the lesser of the actual costs incurred or the cost of a removal under Division 6 to Part 5 of Chapter 6 of the Defence Determination (section 7). Additionally, section 8 ensures that the former member is eligible to receive a disturbance allowance at the rate applicable to a removal under the Defence Determination. The Determination imposes specific obligations on both the parties involved and the entities it governs. Section 7 mandates that the decision maker must be satisfied that the costs incurred by the former member are reasonable to qualify for reimbursement. This requires a thorough review and assessment of the costs submitted by the former member. Furthermore, section 8 ensures that the former member is eligible for a disturbance allowance, which is to be calculated based on the applicable rate for a removal under the Defence Determination. The entities governed by this Determination, primarily the decision makers, must adhere to the outlined criteria for reimbursement and ensure that the former member receives the appropriate benefits in accordance with the Determination. There are no explicit offences or penalties mentioned within the text of the Determination. However, 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. This implies that if there are any disputes or grievances regarding the decisions made, they can be reviewed under the established redress mechanisms. Additionally, a person may make a complaint to the Defence Force Ombudsman, providing another avenue for addressing any concerns or issues that may arise in the application of the Determination. The absence of specific penalties in the Determination suggests that the primary focus is on ensuring that the benefits are correctly and fairly administered, with the recourse being through the existing grievance and ombudsman systems.