Defence (Individual benefits) Determination (No. 11) 2025

Overview

The Defence (Individual Benefits) Determination (No. 11) 2025 was enacted under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901. This legislation was introduced to address a gap in providing adequate financial compensation to a Defence member in exceptional circumstances, ensuring their accrued leave credits are appropriately remunerated. The determination was made by Daayna Shannyn Breheny, Acting Director General of People Policy and Employment Conditions. The policy objective of this determination is to provide a payment in lieu of accrued leave credits to a Defence member due to exceptional circumstances, thereby ensuring their right to the enjoyment of just and favourable conditions of work, as per Article 7 of the International Covenant on Economic, Social and Cultural Rights. This is achieved through the provision of a specific financial compensation that recognises the member's service and the unique nature of their circumstances.

Scope and Application

The Defence (Individual benefits) Determination (No. 11) 2025 applies to a specific Defence member identified by their employee identification number, 8564568. The Determination provides a payment in lieu of accrued leave credits due to exceptional circumstances. It operates under the authority of section 58B of the Defence Act 1903 and is subject to the interpretation principles in the Acts Interpretation Act 1901. This legislative instrument is a disallowable instrument under the Legislation Act 2003 and applies nationally across Australia as it pertains to Defence personnel. The Determination is effective from the day after its registration and will be repealed on 29 August 2025. Decisions made under this Determination may be subject to review under the ADF redress of grievance system and may be subject to a complaint to the Defence Force Ombudsman. The instrument does not specify any exclusions, exemptions, or thresholds, but it does detail the method of calculating the payout of leave credits according to section 5.4.44 of the Defence Determination 2016/19. The Determination also includes a statement of compatibility with human rights as it ensures the member's right to the enjoyment of just and favourable conditions of work.

Key Provisions

The main operative sections of this Determination (sections 4 to 8) clarify that it applies specifically to a member identified by their employee identification number 8564568, and provides a payment in lieu of their accrued leave credits due to exceptional circumstances (section 5). This payment is to be calculated according to the method outlined in section 5.4.44 of the Defence Determination, and the member’s accrued leave credits will be reduced by the number of leave credits paid out (section 7). The Determination commences on the day after it is registered and is repealed on 29 August 2025 (sections 2 and 8). This Act imposes certain obligations on the Defence Force and the member in question. The Defence Force is required to calculate and pay the member an amount equivalent to 55 days of accrued leave credits, as stipulated in section 7 of the Determination. The member must accept this payment and have their accrued leave credits reduced accordingly. Additionally, the Defence Force must ensure that the payment method is consistent with section 5.4.44 of the Defence Determination. The member must cooperate with the Defence Force in the calculation and disbursement of the payment. Any breach of the terms set out in this Determination may result in legal consequences. Although specific penalties are not detailed in the Determination, breaches could potentially lead to disciplinary action under the Defence Regulation, particularly if they fall under the ADF redress of grievance system as provided in Part 7. Furthermore, complaints regarding the Determination can be made to the Defence Force Ombudsman, which may lead to an inquiry or review of the decision made under this Determination. It is also noteworthy that the member has the right to seek judicial review if they believe the Determination is unfair or improperly exercised. Human rights compatibility is addressed in Annex B of the Determination. The statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011 confirms that the Determination is compatible with human rights, as it provides a member with a payment in lieu of accrued leave credits under exceptional circumstances, thereby upholding their right to just and favourable conditions of work as protected under Article 7 of the International Covenant on Economic, Social and Cultural Rights. The Determination ensures that the member's rights are not infringed upon and that the payment is a fair and reasonable adjustment to their conditions of service.