EXPLANATORY STATEMENT
Defence (Individual Benefits) Determination (No. 8) 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.
This Determination provides an individual member of the Australian Defence Force, being a deceased member, with specific benefits in addition to the usual benefits that would apply following the death of a member. Service reasons gave rise to the member having property in more than one location within Australia, which warrant the making of this Determination. The benefits provided under this Determination do not affect the benefits that the member are otherwise available to the member.
Operational details
Details of the operation of the Determination are provided at annex A.
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 made and actions taken 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 the Directorate of Personnel Policy Operations, Directorate of Relocations and Housing and Toll Transitions.
The rule maker was satisfied that further consultation was not required.
Approved by: | BRIG Kirk Lloyd Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual Benefits) Determination (No. 8) 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 date after it is registered.
Section 3 provides that this instrument has authority under section 58B of the Defence Act.
Section 4 identifies the member to whom this determination applies.
Section 5 provides the member with the removal of 3 vehicles and a box trailer from various locations within Australia to Two Wells, South Australia. The removal is to be undertaken by Toll Transitions, the service provider contracted by Defence to undertake removals.
Section 6 provides that this instrument is repealed on 15 September 2026.
Annex B
Defence (Individual Benefits) Determination (No. 8) 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 an individual member of the Australian Defence Force, being a deceased member, with specific benefits that fall outside in addition to the usual benefits that would apply following the death of a member. Service reasons gave rise to the member having property in more than one location within Australia, which warrant the making of this Determination.
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
This Determination provides the removal of the member’s vehicles and a trailer to a single location. The benefits are provided in addition to, and supplement, the member’s 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.