Defence (Individual benefits) Determination (No. 2) 2025

Administered by Department of Defence

Legislation au F2025L00208 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence (Individual benefits) Determination (No. 2) 2025

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 payment to a member to reconcile housing contributions as a result of unique personal circumstances and Service requirements.

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.

Retrospective application

The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

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 made and actions taken under 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 Military Personal Branch. The rule maker was satisfied that further consultation was not required.

 

Approved by:

Sarah Kate McGregor

Acting Deputy General

People Policy and Employment Conditions

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence (Individual benefits) Determination (No. 2) 2025

Operational details

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

Section 2 provides that 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 the purpose of this Determination is to provide payment to a member to reconcile housing contributions as a result of unique personal circumstances and Service requirements.

Section 5 provides the following definitions:

  • Defence Determination as meaning the Defence Determination 2016/19, Conditions of service, as in force from time to time; and
  • Housing contribution period as meaning the period between 1 December 2024 and 2 February 2025, inclusive.

Section 6 provides that the Determination applies to the member holding the employee identification number 8235645.

Section 7 provides that the member is to be paid the amount calculated using the provided formula for each day in the housing contribution period. The formula provides the amount payable is the housing contribution the member paid under Chapter 7 of the Defence Determination, less the amount provided by subsection 7.4.27.2 table item 1 of the Defence Determination, divided by 14. The outcome of the calculation provides the amount payable to the member for each day in the housing contribution period.

Section 8 provides when the Determination is revoked.


 

Defence (Individual benefits) Determination (No. 2) 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 provide payment to a member to reconcile housing contributions as a result of unique personal circumstances and Service requirements.

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 promotes the right to the enjoyment of just and favourable conditions of work by providing a member payment to reconcile their housing contributions during a period of unique personal circumstances and Service requirements.

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 (No. 2) 2025 was enacted to address the need for equitable payment adjustments for members of the Australian Defence Force (ADF) due to unique personal circumstances and service requirements. This Determination was made under section 58B of the Defence Act 1903, and it operates in accordance with the Acts Interpretation Act 1901. The Australian Parliament authorised this Determination, aiming to reconcile housing contributions for a member identified by their specific employee identification number. This legislative instrument ensures that human rights, particularly the right to just and favourable conditions of work, are upheld by providing a fair payment to the member in question. The determination explicitly states its compatibility with human rights, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Defence (Individual benefits) Determination (No. 2) 2025 applies specifically to a member identified by their employee identification number 8235645. The Determination is designed to provide financial compensation to this member to address housing contributions made due to unique personal circumstances and Defence service requirements. It operates within the framework of the Defence Act 1903 and the Acts Interpretation Act 1901, and its application is limited to the period between 1 December 2024 and 2 February 2025. The Determination references the Defence Determination 2016/19, Conditions of service, which is incorporated as in force from time to time, thus extending its applicability through subordinate instruments. Notably, this Determination does not affect the rights of any person, other than the Commonwealth, in a manner prejudicial to that person nor does it impose any liability on them. Decisions and actions under this Determination can be subject to inquiry through the ADF redress of grievance system or a complaint to the Defence Force Ombudsman. The retrospective application ensures that the rights of individuals are safeguarded, aligning with the compatibility statement under the Human Rights (Parliamentary Scrutiny) Act 2011, which confirms the Determination's alignment with human rights by ensuring just and favourable conditions of work.

Key Provisions

The main operative sections of the Defence (Individual benefits) Determination (No. 2) 2025 are outlined in Section 4, which states that the purpose of this Determination is to provide payment to a member to reconcile housing contributions as a result of unique personal circumstances and Service requirements. Section 7 provides the formula to calculate the amount payable to the member for each day in the housing contribution period. This calculation is based on the housing contribution the member paid under Chapter 7 of the Defence Determination 2016/19, less the amount provided by subsection 7.4.27.2 table item 1 of the Defence Determination, divided by 14. The result of this calculation will determine the amount payable to the member for each day in the housing contribution period. The Act imposes certain obligations and requirements on the parties or entities it governs. Firstly, the member identified by their employee identification number 8235645 must meet the unique personal circumstances and Service requirements specified in the Determination to be eligible for the payment. Secondly, the member must provide accurate and complete information regarding their housing contributions during the specified housing contribution period. This information will be used to calculate the amount payable to the member. Thirdly, the member must adhere to the terms and conditions outlined in the Defence Determination 2016/19, Conditions of service, as in force from time to time. The Determination outlines the offences, penalties, or civil/criminal consequences for breach. However, the specific penalties or consequences for non-compliance with the Determination are not explicitly stated in the provided text. In general, breaches of legislation or regulations can result in various penalties, including fines, imprisonment, or both, depending on the severity of the offence and the applicable laws. It is essential for the parties or entities governed by the Determination to adhere to the obligations and requirements outlined to avoid any potential legal consequences.

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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.