Defence (Individual benefits) Determination (No. 5) 2025

Administered by Department of Defence

Legislation au F2025L00576 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence (Individual benefits) Determination (No. 5) 2025

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 a member on long-term posting overseas with an accommodation benefit in Australia before and after the birth of their child.

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.

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, the consultation was undertaken with Military Personnel Branch.

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

 

Approved by:

Sarah Kate McGregor

Acting Director General

People Policy and Employment Conditions

 

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence (Individual benefits) Determination (No. 5) 2025

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 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, which is to provide a member on long-term posting overseas with an accommodation benefit in Australia before and after the birth of their child.

Section 5 provides that the Determination applies to the member holding employee identification number 8573589.

Section 6 provides the following definitions, which apply to the Determination.

  • Accommodation period, which means the period starting 31 May 2025 and ending 1 August 2025.
  • 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 cost of accommodation during the accommodation period, which is the lesser of the amount the member pays for accommodation or AUD 323.90 per day. The benefit may be provided to the member or the accommodation provider, allowing flexibility as to how the benefit is taken.

The section further provides that during the accommodation period the member ceases to be eligible for any other accommodation benefits in Australia that would otherwise apply during the accommodation period under the Defence Determination 2016/19, Conditions of Service.

Section 8 provides that the accommodation period may be extended for up to 28 days if there are medical complications for the member’s partner or their child as a consequence of the birth of the child that require the member’s partner or their child to remain in Australia.

Section 9 provides that if the member and their partner cease to occupy the accommodation for which benefits under the Determination relate before the end of the accommodation period, eligibility to benefits under the Determination cease from the day the member and their partner no longer occupy the accommodation.

Section 10 is provided to clarify that the member is not eligible for any other travel benefits under this Determination.

Section 11 provides that the Determination is revoked on 30 September 2025.

 

Annex B

Defence (Individual benefits) Determination (No. 5) 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 the Determination, which is to provide a member on long-term posting overseas with an accommodation benefit in Australia before and after the birth of their child.

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

Schedule 1 promotes a member’s right to the enjoyment of just and favourable conditions of work by providing a member on a long-term posting overseas with accommodation in Australia prior to and after the birth of their children as a part of their conditions of service package.

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. 5) 2025 was enacted to address the specific needs of members on long-term overseas posting who require accommodation in Australia before and after the birth of their child. This Determination was introduced under section 58B of the Defence Act 1903 and is subject to the scrutiny and disallowance provisions of the Legislation Act 2003, as well as the interpretation principles outlined in the Acts Interpretation Act 1901. The policy objective is to provide a supportive benefit package that recognises the unique circumstances faced by Defence personnel and their families during significant life events, ensuring they receive necessary accommodation support. The Determination was developed following consultations with relevant military branches and aims to enhance the conditions of service for Defence members in alignment with human rights standards, as evidenced by the Statement of Compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Defence (Individual benefits) Determination (No. 5) 2025 applies to a specific member of the Defence Force, identified by their employee identification number 8573589, who is on long-term posting overseas. This Determination is made under section 58B of the Defence Act 1903 and is subject to disallowance and the interpretation principles outlined in the Acts Interpretation Act 1901. Its purpose is to provide the member with an accommodation benefit in Australia before and after the birth of their child, ensuring they receive the lesser of the amount they pay for accommodation or AUD 323.90 per day. This benefit is intended to assist the member during a specific accommodation period from 31 May 2025 to 1 August 2025, which may be extended by up to 28 days due to medical complications related to the birth. The member is not eligible for other accommodation benefits in Australia during this period, and benefits will cease if they and their partner vacate the accommodation before the end of the period. This Determination is also compatible with human rights as it provides favourable conditions of work by ensuring the member has adequate accommodation support during a significant life event.

Key Provisions

The Defence (Individual benefits) Determination (No. 5) 2025 (the Determination) provides a specific accommodation benefit for a Defence member on long-term overseas posting, tailored to the period before and after the birth of their child. Section 4 states the purpose of the Determination is to offer such a benefit, while Section 5 specifies the member this applies to, identified by their employee identification number 8573589. The accommodation benefit, as outlined in Section 7, covers the lesser of the member's accommodation costs or AUD 323.90 per day, during the accommodation period defined in Section 6. This period runs from 31 May 2025 to 1 August 2025, potentially extendable by up to 28 days if there are medical complications affecting the member's partner or child, as stated in Section 8. During this period, the member is ineligible for other accommodation benefits in Australia under the Defence Determination 2016/19, Conditions of Service, as per Section 7. The Determination also clarifies that no other travel benefits are applicable, as stated in Section 10, and it will be revoked on 30 September 2025, according to Section 11. The Determination imposes several obligations on the Defence member in question, primarily centred around their eligibility and use of the accommodation benefit. The member must ensure they meet the criteria set forth in the Determination, particularly regarding their employee identification number and the specified accommodation period. They are also required to cease eligibility for other accommodation benefits during this period, as outlined in Section 7. Furthermore, if the member and their partner vacate the accommodation before the end of the accommodation period, their eligibility for the benefit ceases immediately, as stipulated in Section 9. The member must comply with these conditions to receive the benefit accurately and in accordance with the Determination. Breaches of the provisions outlined in the Determination may result in specific consequences. Although the Determination does not explicitly outline penalties for non-compliance, any misuse or fraudulent claims regarding the accommodation benefit could potentially be addressed under broader Defence regulations or other applicable legislation. Misrepresentation or incorrect claims might be subject to inquiries under the ADF redress of grievance system, as mentioned in the Explanatory Statement, or complaints to the Defence Force Ombudsman. These actions could lead to formal investigations, corrective measures, or other administrative actions deemed necessary to rectify any misuse of the benefits provided under this Determination.

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Defence & Military Law
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Legislative Instrument
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Definitions & Interpretation
Reporting & Disclosure Obligations
Human Rights Compatibility

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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.