EXPLANATORY STATEMENT
Defence Determination (Individual benefits) Determination (No. 2) 2026
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 the reimbursement of the costs for a removal of furniture and effects between Sydney and Townsville for a member who is returning to Australia from overseas. The member is a member of the Reserves who is returning to Australia to commence a period of continuous full-time service in Townsville. The benefit being provided to the member is what they would have been eligible for had they been living in Australia.
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 Military Personnel Branch, the Directorate of Relocations and Housing, and Toll Transitions. The rule maker was satisfied that further consultation was not required.
Approved by: | BRIG Kirk Lloyd Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence Determination (Individual benefits) Determination (No. 2) 2026
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 after the instrument is registered.
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 member who holds the employee identification number 8523031.
Section 6 provides definitions of terms used within the Determination, including the following.
- ‘Commonwealth Removalist’, which has the same meaning given by section 1.3.1 of the Defence Determination.
- ‘Defence Determination’, which means Defence Determination 2016/19, Conditions of service, as in force from time to time.
Section 7 provides that the member is eligible for the reimbursement of costs for a privately arranged removal of the member’s furniture and effects between Sydney and Townsville. The amount reimbursable to the member is the lesser of the cost of a removal undertaken by the Commonwealth Removalist under Part 5 of Chapter 6 of the Defence Determination or the actual cost that the member paid for the removal.
Section 8 provides that the Determination is repealed on 31 December 2026.
Annex B
Defence Determination (Individual benefits) Determination (No. 2) 2026
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 the reimbursement of the costs for a removal of furniture and effects between Sydney and Townsville for a member who is returning to Australia from overseas. The member is a member of the Reserves who is returning to Australia to commence a period of continuous full-time service in Townsville. The benefit being provided to the member is what they would have been eligible for had they been living in Australia.
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 of the Reserves the reimbursement of relocation costs on the member’s return to Australia from overseas. The benefits provided by this Determination ensure the member is provided a reimbursement of removal costs, that would otherwise be provided to the member had they lived in Australia, to commence their period of continuous full-time service.
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.