EXPLANATORY STATEMENT
Defence (Individual Benefits) Determination (No. 7) 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 and the effected member.
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 |
Annex A
Defence (Individual Benefits) Determination (No. 7) 2026
Operational details
Section 1 sets out the manner in which this Determination may be cited.
Section 2 provides the Determination commences on the day after registration.
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 defines the daily rate of an annual rate of an allowance or salary as one 365th of the annual rate.
Section 5 identifies the person to whom this Determination applies by reference to their employee identification number. The Determination applies from the day the member commences their transition period, which is defined in section 4 of this Determination.
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. The allowance is paid on a fortnightly basis commences on the first payday after the member has commenced their transition period.
Section 7 gives the member with an additional recreation leave credits. The member is to be given 15 days annual leave plus a prorated number of annual leave credits for the period from 1 July until the day before the member commenced their transition period. The prorated of additional recreation leave credits is based on 5 days of annual leave credits being earn over the course of a year (365 days).
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 31 December 2027.
Annex B
Defence (Individual Benefits) Determination (No. 7) 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.