Defence (Individual Benefits) Determination (No. 3) 2026

Administered by Department of Defence

Legislation au F2026L00424 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Defence (Individual Benefits) Determination (No. 3) 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

This Determination provides benefits to the specified individual as a consequence of their individual circumstances not being catered for under Defence Determination 2016/19, Conditions of service.

Operational details

Details of the operation of the Determination are provided at annex A.

Incorporation by reference

The Determination incorporates sections of the Defence Determination 2016/19, Conditions of service and Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018. These instruments are incorporated into this Determination as in force from time to time.

Section 58B(1A) of the Defence Act permits determinations of the Defence Force Remuneration Tribunal to be adopted into determinations as in force from time to time. This Determination adopts Defence Force Remuneration Tribunal Determination No. 2 of 2017 as in force from time to time.

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 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, consultation was undertaken with the Directorate of Senior Officer Management and the People Policy and Employment Conditions Branch.

The rule maker was satisfied that further consultation was not required.

 

Approved by:

ADML David Johnston AC RAN

Chief of the Defence Force

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence (Individual Benefits) Determination (No. 3) 2026

Operational details

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

Section 2 provides the following commencement dates:

  • Sections 1 to 3 of the Determination commence on the day the instrument is registered.
  • Sections 4 to 12 of the Determination commence on 1 July 2026.

Section 3 provides that this Determination has authority under section 58B of the Defence Act.

Section 4 defines specific terms that are used in this Determination. The section incorporates the following instruments as in force from time to time.

  • Defence Determination 2016/19, Conditions of service (the Defence Determination).
  • Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries (the Salaries Determination).
  • Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018.

The section also explains that the daily rate of an annual rate of an allowance or salary is one 365th of the annual rate.

Section 5 identifies the person to whom this Determination applies by reference to their employee identification number.

Section 6 proves the member an allowance that is the difference between the reference salary they were eligible for on their last day of their appointment as a statutory office holder and their salary payable under the Salaries Determination. The allowance is provided as a daily rate and is paid on a fortnightly basis.

Section 7 provides the member with an additional 15 days of recreation leave credits.

Section 8 displaces subsection 5.4.36.1 of the Defence Determination, which specifies the rate of salary a specified member is to receive when they take recreation leave. Section 8 makes payable the salary payable to them under the salaries determination on a day that they take annual leave.

Section 9 amends the application of the formula in section 5.4.44A of the Defence Determination, which is used for calculating a specified member’s payout of recreation leave credits. For the purpose of calculating the payout of the member to whom this determination applies, the references to ‘A’ and ‘D’ in the formula are amended. ‘A’ and ‘D’ are the sum of the daily rate of the member’s reference salary that was payable to them on their last day of their appointment as a statutory office holder and the daily rate of any annual allowances payable to them.

Section 10 displaces subsection 5.5.26.4 of the Defence Determination, which provides the formula for calculating a member’s payout for long service leave credits. Section 10 provides a formula that is to apply to the member having regard to the member’s individual circumstances.

Section 11 provides that the members ceases to receive benefits under this Determination on the day after they cease to be a member of the Permanent Forces or they are appointed, or posted to a position in which they cease to undertake activities that support their transition from the Permanent Forces. This may occur if they take up a new role in the Permanent Forces.

Section 12 provides that this Determination is repealed on 1 November 2026.

 

Annex B

Defence (Individual Benefits) Determination (No. 3) 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

This Determination provides benefits to the specified individual as a consequence of their individual circumstances not being catered for under Defence Determination 2016/19, Conditions of service.

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

The determination is compatible with human rights as it provides benefits to a specified member that has regards to their individual circumstances. These benefits are provided as a part of their conditions of 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 (Individual Benefits) Determination (No. 3) 2026 was enacted to address the gap in benefits for a specific individual whose circumstances were not adequately covered by the Defence Determination 2016/19, Conditions of Service. This legislation was introduced under section 58B of the Defence Act 1903 and is subject to the scrutiny and disallowance provisions outlined in the Legislation Act 2003. The primary objective of this Determination is to provide tailored benefits to a specified member of the Defence Force, ensuring their individual circumstances are appropriately recognised and rewarded. The Determination was approved by ADML David Johnston AC RAN, the Chief of the Defence Force, and incorporates relevant sections of the Defence Determination 2016/19 and other referenced instruments to provide a comprehensive benefits package. It also includes a statement of compatibility with human rights, affirming its alignment with international standards for just and favourable conditions of work.

Scope and Application

The Defence (Individual Benefits) Determination (No. 3) 2026, made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, applies specifically to an individual member of the Australian Defence Force whose unique circumstances are not adequately covered under the Defence Determination 2016/19, Conditions of service. This Determination provides tailored benefits to this individual, including allowances and leave credits, based on their specific employment details and conditions at the time of their last day as a statutory office holder. It incorporates and adopts certain sections of the Defence Determination 2016/19, Conditions of service, Defence Force Remuneration Tribunal Determination No. 2 of 2017, and Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018, as they are in force from time to time. The Determination is applicable on a Commonwealth level and its provisions become effective from the date of registration for sections 1 to 3, and from 1 July 2026 for sections 4 to 12. The benefits provided under this Determination cease on the day following the member's cessation from the Permanent Forces or if they undertake a new role that is not part of their transition activities. The Determination is repealed on 1 November 2026.

Key Provisions

The main operative sections of the Defence (Individual Benefits) Determination (No. 3) 2026 include the commencement dates for different sections of the Determination, the definition of terms used within the Determination, and the specific benefits provided to the specified individual (sections 1, 2, 4 to 12). Section 2 sets out the commencement dates for different parts of the Determination, with sections 1 to 3 commencing upon registration, and sections 4 to 12 commencing on 1 July 2026. Section 4 defines terms used in the Determination and incorporates other instruments as in force from time to time, including Defence Determination 2016/19, Conditions of service, and Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries. Section 5 identifies the individual to whom the Determination applies by reference to their employee identification number. Section 6 provides the individual with an allowance, Section 7 grants an additional 15 days of recreation leave credits, Section 8 adjusts the rate of salary payable when the individual takes recreation leave, Section 9 modifies the formula for calculating recreation leave credits payout, Section 10 provides a formula for calculating long service leave credits payout, and Section 11 states that benefits cease upon the individual ceasing to be a member of the Permanent Forces or undertaking activities that support their transition from the Permanent Forces. The Defence (Individual Benefits) Determination (No. 3) 2026 imposes obligations and requirements on the specified individual and the Defence Force Remuneration Tribunal. The specified individual is entitled to the benefits outlined in the Determination, including the allowance, recreation leave credits, modified salary rates, and payout formulas for recreation and long service leave credits. The Defence Force Remuneration Tribunal is responsible for calculating and providing these benefits in accordance with the Determination. Additionally, the Determination requires the specified individual to cease receiving benefits once they are no longer a member of the Permanent Forces or cease to undertake activities that support their transition from the Permanent Forces. The Defence (Individual Benefits) Determination (No. 3) 2026 does not explicitly outline offences, penalties, or consequences for breach. However, the Determination may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation, and complaints may be made to the Defence Force Ombudsman. Furthermore, the Determination is a disallowable legislative instrument subject to the Legislation Act 2003, which means that it can be disallowed by either House of Parliament within a specified period after it is made. Disallowance would render the Determination ineffective, and any benefits provided under it would cease to apply.

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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.