Defence (Individual Benefits) Determination (No. 8) 2026

Overview

The Defence (Individual Benefits) Determination (No. 8) 2026 was enacted under the Defence Act 1903 to provide specific benefits to a deceased member of the Australian Defence Force, addressing the unique situation where service reasons resulted in the member having property in multiple locations within Australia. This Determination, made in accordance with the Acts Interpretation Act 1901 and subject to disallowance under the Legislation Act 2003, ensures that the member's assets are consolidated in a single location, supplementing the usual benefits applicable to deceased members. It was approved by Brig Kirk Lloyd, Director General of People Policy and Employment Conditions, and includes a statement of compatibility with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011, confirming that the Determination upholds the member's right to just and favourable conditions of work.

Scope and Application

The Defence (Individual Benefits) Determination (No. 8) 2026 applies specifically to a deceased member of the Australian Defence Force, whose service necessitated the ownership of property in multiple locations within Australia. This Determination is made under the authority of section 58B of the Defence Act 1903, and it supplements the usual benefits available to the member following their death. The instrument is a disallowable legislative instrument and is subject to the provisions of the Legislation Act 2003, as well as the interpretation principles outlined in the Acts Interpretation Act 1901. The benefits provided under this Determination, such as the removal of vehicles and a box trailer to a single location, do not supersede the member's other available benefits. This Determination operates nationally across Australia, as it concerns property situated in multiple locations within the country. The scope of this Determination is limited to the individual member specified and does not extend to other members or entities unless explicitly mentioned. The geographic reach of the Determination is nationwide, reflecting the need to consolidate property from various locations within Australia to a single point, in this case, Two Wells, South Australia. The Determination will be repealed on 15 September 2026, after which it will no longer have effect. Decisions made under this Determination can be subject to inquiry through the ADF redress of grievance system or complaints to the Defence Force Ombudsman. The compatibility of the Determination with human rights has been assessed, and it has been found to be compatible with the human rights and freedoms recognised in relevant international instruments.

Key Provisions

The Defence (Individual Benefits) Determination (No. 8) 2026, made under section 58B of the Defence Act 1903, provides specific benefits to a deceased member of the Australian Defence Force, including the removal of three vehicles and a box trailer from various locations in Australia to Two Wells, South Australia, by the service provider Toll Transitions. This Determination supplements the usual benefits that would apply following the death of a member, owing to service reasons that led to the member having property in multiple locations. This benefit is granted in addition to other benefits available to the deceased member and does not affect those other benefits (Section 5). The Determination also specifies that it commences on the date after it is registered, has authority under section 58B of the Defence Act, and will be repealed on 15 September 2026 (Sections 2, 3, and 6). The obligations imposed by this Determination are primarily on Toll Transitions, the service provider contracted by Defence to undertake the removal of the deceased member’s vehicles and trailer. Toll Transitions is required to complete the removal of these items from their various locations to Two Wells, South Australia, in accordance with the terms set out in Section 5 of the Determination. This task ensures that the specific benefits provided under the Determination are fulfilled. Additionally, the Determination imposes an obligation on the Defence Force to consult with relevant entities, such as the Directorate of Personnel Policy Operations, Directorate of Relocations and Housing, and Toll Transitions, before making such a Determination, although in this instance, further consultation was deemed unnecessary by the rule maker. There are no explicit offences, penalties, or consequences for breach outlined in this Determination. However, it is subject to the inquiry process under the ADF redress of grievance system provided under Part 7 of the Defence Regulation, and a person may also make a complaint to the Defence Force Ombudsman if they believe there has been a failure to comply with the Determination. The Determination is also a disallowable legislative instrument subject to the Legislation Act 2003, which means that if any issues arise regarding its operation, there are mechanisms in place for review and potential disallowance. Additionally, the Determination is required to be compatible with human rights and freedoms, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, and a Statement of Compatibility has been prepared to ensure its alignment with these principles.