Defence (Individual benefits) Determination (No. 2) 2026

Administered by Department of Defence

Legislation au F2026L00099 In force Legislative Instrument

Legislation content

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

 

Authority:

Section 58B of the
Defence Act 1903

 


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.

 

Overview

The Defence Determination (Individual benefits) Determination (No. 2) 2026 was enacted to address a specific need within the Defence Act 1903 for the reimbursement of relocation costs for a Reserve member returning from overseas. This Determination was made under section 58B of the Defence Act and is subject to disallowance and interpretation principles set forth in the Acts Interpretation Act 1901. The primary objective of this Determination is to ensure that the member, who is returning to commence continuous full-time service in Townsville, receives the same benefits for the removal of furniture and effects between Sydney and Townsville as they would have been entitled to if they had been living in Australia. This is aimed at providing equitable conditions of service and support to members of the Defence force during their transition and service period. The Determination was developed following consultation with relevant branches within the Defence force, including the Military Personnel Branch and the Directorate of Relocations and Housing. The process also included consideration of human rights compatibility, as evidenced by the statement of compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011. This statement confirms that the Determination is aligned with the right to the enjoyment of just and favourable conditions of work as protected by the International Covenant on Economic, Social and Cultural Rights. The Determination will be in effect until 31 December 2026 and is subject to review and potential redress within the Defence force’s grievance system.

Scope and Application

The Defence Determination (Individual benefits) Determination (No. 2) 2026 applies specifically to a member of the Reserves with the employee identification number 8523031 who is returning to Australia from overseas to commence a period of continuous full-time service in Townsville. The Determination is designed to provide reimbursement for the costs associated with the removal of the member's furniture and effects between Sydney and Townsville, aligning with the benefits they would have been entitled to if they had been residing within Australia. This Determination is made under section 58B of the Defence Act 1903 and operates within the Commonwealth jurisdiction, subject to the interpretation principles in the Acts Interpretation Act 1901. The instrument is subject to disallowance and is a legislative instrument as defined under the Legislation Act 2003. Additionally, while the primary focus of the Determination is on reimbursing the specified member, it does not explicitly exclude other members from potentially similar benefits under different circumstances, suggesting a potential for broader application through subordinate instruments. The Determination is set to expire on 31 December 2026, after which it will be repealed.

Key Provisions

The Defence Determination (Individual Benefits) Determination (No. 2) 2026 outlines specific provisions for the reimbursement of relocation costs for a member of the Reserves returning to Australia from overseas. Section 4 explicitly states that the purpose of this Determination is to provide reimbursement for the removal of furniture and effects between Sydney and Townsville. Section 5 specifies that this Determination applies to the member with the employee identification number 8523031. The Determination allows the member to be reimbursed the lesser of the cost of a removal undertaken by a Commonwealth Removalist, as defined in Section 6, or the actual cost that the member paid for the removal. The Act imposes certain obligations on the member and the relevant authorities. Section 7 states that the member is eligible for reimbursement of the costs associated with a privately arranged removal of their furniture and effects between Sydney and Townsville. The member must ensure that they provide the necessary documentation to substantiate their removal expenses. The Defence Force is responsible for verifying the claims and processing the reimbursement in accordance with the stipulated guidelines. Failure to comply with the provisions of this Determination may result in civil or criminal consequences. Section 8 indicates that the Determination is repealed on 31 December 2026, which means that any claims for reimbursement must be made before this date. Breaches of the provisions may lead to the denial of reimbursement claims and could potentially lead to further inquiries or legal actions as outlined in the Defence Regulation. However, the specific penalties for breach are not detailed in this Determination.

Legal classification tags

Area of Law
Defence Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Prohibited Conduct

Interactions

Authorises

All Versions

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.