Defence (Individual benefits) Determination (No. 5) 2026

Administered by Department of Defence

Legislation au F2026L00526 In force Legislative Instrument

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EXPLANATORY STATEMENT

Defence (Individual benefits) Determination (No. 5) 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 re-credit a member’s leave credits when they are required to take leave in connection with travel between Kyiv, Ukraine and Warsaw, Poland due to circumstances affecting the ability to travel by air.

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 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 Directorate of Attaché and Overseas Management and Military Personnel Branch.

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 (Individual benefits) Determination (No. 5) 2026

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 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 which is to re-credit a member’s leave credits when they are required to take leave in connection with travel between Kyiv, Ukraine and Warsaw, Poland due to circumstances affecting the ability to travel by air.

Section 5 provides that the Determination applies to the member who holds employee identification number 8265858.

Section 6 defines the following terms for the purpose of the Determination:

  • Defence Determination, which means Defence Determination 2016/19, Conditions of service, as in force from time to time.
  • Posting location, which means Kyiv, Ukraine.
  • Decision maker, which means the Director Attaché and Overseas Management.
  • Posting period, which means the period starting the on commencement day of this Determination commences and ending on 31 October 2026.
  • Travel, which means any travel undertaken by the member that is in connection with a benefit provided under the Defence Determination. A note has been included to clarify that a benefit provided includes a reimbursement for the cost of travel.

Section 7 provides that the member is to be re-credited any leave credits that are taken on a day they are undertaking travel to or from the posting location and Warsaw, Poland during the posting period and the decision maker is satisfied that either there is an air space closure that is affecting travel to or from the posting location and Warsaw, Poland, or that that travel by air is unsafe between the posting location and Warsaw, Poland.

Section 8 provides when the Determination is revoked.

 

Annex B

Defence (Individual benefits) Determination (No. 5) 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 re-credit a member’s leave credits when they are required to take leave in connection with travel between Kyiv, Ukraine and Warsaw, Poland due to circumstances affecting the ability to travel by air.

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 is compatible with human rights as it promotes the member’s right to the enjoyment of just and favourable work conditions by ensuring the member does not have their leave credit balance reduced in circumstances when they are unable to travel by air due to reasons that are beyond their control, resulting in them needing to use alternative modes of transport and significantly longer travel times.

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) 2026 was enacted to address the specific issue of re-crediting leave credits for Defence members who are required to take leave in connection with travel between Kyiv, Ukraine, and Warsaw, Poland due to circumstances affecting the ability to travel by air. This Determination was made under section 58B of the Defence Act 1903 and is subject to the disallowance provisions under the Legislation Act 2003. The primary purpose of this legislation is to ensure that Defence members are not disadvantaged in their leave credit balances when alternative travel arrangements, necessitated by air space closures or unsafe air travel conditions, result in extended travel times. The determination was approved by the Director General of People Policy and Employment Conditions, Brig Kirk Lloyd, and is compatible with human rights as it upholds the member's right to just and favourable conditions of work.

Scope and Application

The Defence (Individual Benefits) Determination (No. 5) 2026 applies specifically to a member of the Defence force with the employee identification number 8265858, addressing circumstances that impact their ability to travel by air between Kyiv, Ukraine, and Warsaw, Poland. This Determination is made under section 58B of the Defence Act 1903 and is subject to disallowance and interpretation principles under the Acts Interpretation Act 1901. It re-credits leave credits to the specified member when they undertake travel related to their Defence duties under conditions that render air travel unsafe or infeasible. The Determination is geographically limited to the travel between the specified locations and operates from the day after its registration until 31 October 2026. While it does not explicitly exclude other members or situations, its targeted application to a single member suggests a limited scope. The Determination incorporates references to the Defence Determination 2016/19, Conditions of Service, and is subject to review through the ADF redress of grievance system and complaints to the Defence Force Ombudsman.

Key Provisions

The Defence (Individual benefits) Determination (No. 5) 2026 is crafted to address specific operational challenges faced by Defence personnel. Section 4 clearly states that the Determination is intended to re-credit a member’s leave credits when they are required to take leave due to circumstances affecting the ability to travel by air between Kyiv, Ukraine and Warsaw, Poland. This is aimed at ensuring that Defence personnel are not unfairly disadvantaged by operational disruptions. Section 5 specifies that the Determination applies to the member identified by employee identification number 8265858, highlighting the individual nature of the provision. Definitions provided in Section 6 are crucial for understanding the scope and application of the Determination, with terms such as 'Defence Determination', 'Posting location', 'Decision maker', and 'Posting period' being clearly outlined. The obligations under this Determination are primarily on the Defence personnel affected, as well as the decision-making authority, the Director Attaché and Overseas Management. The member must undertake any necessary travel to or from the specified locations during the defined posting period, and the decision maker must confirm that either an airspace closure or unsafe air travel conditions are affecting the journey. This is detailed in Section 7, which mandates the re-crediting of leave credits under these specific circumstances. Additionally, the Determination is subject to review and potential inquiry under the ADF redress of grievance system and may be subject to a complaint to the Defence Force Ombudsman, as outlined in the Operational details. For breaches of the provisions outlined in this Determination, there are no explicit offences or penalties stated within the text. However, any actions taken or decisions made under this Determination could potentially be reviewed or challenged if they are found to be unjust or contrary to the spirit of the Determination. The implications of such actions would need to be assessed on a case-by-case basis, considering the overarching Defence policies and the Defence Regulation. The retrospective application of this Determination ensures that it does not adversely affect any existing rights or impose new liabilities on persons other than the Commonwealth, as noted in the explanatory statement.

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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.