Defence (Individual Benefits Determination No. 6) Amendment Determination (No. 1) 2025

Administered by Department of Defence

Legislation au F2025L00676 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence (Individual Benefits Determination No. 6) Amendment Determination (No. 1) 2025

This Determination amends Defence (Individual benefits) Determination (No. 6) 2025 (the Principal Determination), 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.

This Determination amends the Principal Determination, which sets the rate of higher duties allowance payable to a member when undertaking the duties of a senior officer position.

Purpose

The purpose of this Determination is to update the details of the position for which the member is to receive higher duties allowance.

Operational details

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

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 the Directorate of Senior Officer Management.

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

 

Approved by:

Jake Gumley

Acting First Assistant Secretary

People Policy and Development

 

Authority:

Section 58B of the
Defence Act 1903

 


Annex A

Defence (Individual Benefits Determination No. 6) Amendment Determination (No. 1) 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 after the instrument is registered.

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

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Individual benefits amendments

Item 1 amends section 7 of the Principal Determination which provides the rate of higher duties allowance that is payable to the member. The section has been updated to substitute “undertaking higher duties in the position with position number 00717608” with “performing the duties usually undertaken by a person occupying the position with position number 00621386” to update the details of the position for which the member is to receive higher duties allowance.

 

 

Annex B

Defence (Individual Benefits Determination No. 6) Amendment Determination (No. 1) 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 this Determination is to update the details of the position for which the member is to receive higher duties allowance.

Assessment of compatibility

Schedule 1 makes amendments to the Principal Determination which does not change the underlying policies or benefits. As such, it does not engage with any of the applicable rights or freedoms.

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. 6) Amendment Determination (No. 1) 2025 was enacted to update the details of the position for which a member is to receive higher duties allowance. This amendment was made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The enacting body is the Australian Parliament, which established this legislative instrument to ensure that the rates and conditions for higher duties allowance are accurately reflected in line with the roles within the Defence Force. The policy objective of this amendment is to maintain clarity and accuracy in the benefits provided to Defence members, ensuring that the allowances are appropriately aligned with the duties associated with specific positions.

Scope and Application

The Defence (Individual Benefits Determination No. 6) Amendment Determination (No. 1) 2025 amends the Defence (Individual Benefits) Determination (No. 6) 2025, which is made under section 58B of the Defence Act 1903 and is in accordance with subsection 33(3) of the Acts Interpretation Act 1901. This Determination applies to members of the Australian Defence Force who are eligible for higher duties allowance, specifically updating the details of the position for which such allowance is payable. The amendment pertains to the rate of higher duties allowance for a particular senior officer position, identified by its position number, thereby directly affecting the remuneration of eligible Defence personnel. The Determination operates within the Commonwealth jurisdiction and does not extend to state or territory laws, nor does it create any new exclusions, exemptions, or thresholds beyond what is specified in the Principal Determination. Any subordinate instruments or further clarifications would need to be referenced within the Defence Act 1903 or subsequent amendments.

Key Provisions

The Defence (Individual Benefits Determination No. 6) Amendment Determination (No. 1) 2025 amends the Defence (Individual Benefits) Determination (No. 6) 2025, made under section 58B of the Defence Act 1903. The main amendment, as outlined in Section 4 of the Determination, is to update the details of the position for which a member is to receive higher duties allowance. Specifically, Section 7 of the Principal Determination is amended to specify the position number for which the higher duties allowance is applicable. This change replaces the previous reference with the new position number 00621386. The Amendment Determination imposes specific obligations on the parties governed by it. Firstly, it updates the criteria for determining the eligibility of a member for higher duties allowance, ensuring that the allowance is correctly applied to those performing duties that align with the new position number. This includes ensuring that the relevant position number is accurately identified in all relevant documentation and systems used to calculate and disburse the allowance. There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of the provisions in this Determination. However, non-compliance with the updated criteria for determining the eligibility of a member for higher duties allowance could lead to administrative or financial discrepancies, which might be subject to internal Defence audits or reviews. It is also noteworthy that decisions made under the Principal Determination, as amended by this Determination, are subject to inquiry under the Australian Defence Force (ADF) redress of grievance system and complaints to the Defence Force Ombudsman. This provides a mechanism for addressing any issues arising from the application of the Determination.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Determination
Concepts
Definitions & Interpretation
Repeal & Amendment
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.