EXPLANATORY STATEMENT
Defence (Individual Benefits) Repeal Determination (No. 6) 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 repeals Defence (Individual Benefits) Determination (No. 3) 2026 (the individual determination), which provides additional benefits to an individual member due to their unique circumstances. The individual determination is being repealed as a consequence of the circumstances that warranted the making of the individual determination not coming into effect on, or before, the day on which it were to commence. As such, the additional benefits provided under the individual determination are not required at this point in time.
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 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 2016. 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.
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) Repeal Determination (No. 6) 2026
Operational details
Section 1 sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on 30 June 2026.
Section 3 provides that this Determination 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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Repeals
Item 1 repeals Defence (Individual Benefits) Determination (No. 3) 2026 (the individual determination). The individual determination provides additional benefits to a specified member that are not provided under the Defence Determination 2026/19, Conditions of service. The circumstances that warranted the making of the individual determination will not come into effect on, or before, the day on which the individual determination were to commence.
Annex B
Defence (Individual Benefits) Repeal Determination (No. 6) 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 repeals Defence (Individual Benefits) Determination (No. 3) 2026 (the individual determination), which provides additional benefits to an individual member due to their unique circumstances. The individual determination is being repealed as a consequence of the circumstances that warranted the making of the individual determination not coming into effect on, or before, the day on which it were to commence. As such, the additional benefits provided under the individual determination are not required at this point in time.
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 does no engage with human rights as it repeals a determination that is no longer required due to a change in the circumstances that warranted the making of the individual determination. It does not affect the benefits being provided to the member at present.
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.