Defence (Individual Benefits) Repeal Determination (No. 6) 2026

Administered by Department of Defence

Legislation au F2026L00904 In force Legislative Instrument

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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 The individual determination is being repealed as a consequence of the circumstances that warranted the making of the individual determination not coming into effect on, or before, the day on which it were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

 

Authority:

Section 58B of the
Defence Act 1903

 


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.

 

Overview

The Defence (Individual Benefits) Repeal Determination (No. 6) 2026 is an instrument made under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901. This Determination seeks to repeal the Defence (Individual Benefits) Determination (No. 3) 2026, which provided additional benefits to an individual member due to their unique circumstances. The repeal occurs as the circumstances that warranted the individual determination are no longer applicable, rendering the additional benefits unnecessary. The enactment of this Determination was authorised by the Parliament of Australia, and it aims to ensure that resources are allocated efficiently within the Defence sector by removing outdated provisions. The repeal was executed after consultation with relevant stakeholders, and it has been subject to a compatibility assessment under the Human Rights (Parliamentary Scrutiny) Act 2011, confirming its alignment with human rights standards. The Determination is subject to review and redress mechanisms within the Australian Defence Force, ensuring that any grievances can be appropriately addressed. This instrument exemplifies the legislative process aimed at maintaining the efficacy and relevance of Defence-related regulations.

Scope and Application

The Defence (Individual Benefits) Repeal Determination (No. 6) 2026 is an instrument made under section 58B of the Defence Act 1903 and operates in accordance with the principles outlined in the Acts Interpretation Act 1901. This Determination repeals the Defence (Individual Benefits) Determination (No. 3) 2026, which was intended to provide additional benefits to a specific individual member due to unique circumstances. As these circumstances did not materialise as anticipated, the additional benefits are no longer required. This repeal ensures that the individual member is not unduly advantaged and maintains the integrity of the benefits system within the Defence force. The repeal is effective from 30 June 2026, and any decisions made under this Determination may be subject to inquiry under the Australian Defence Force (ADF) redress of grievance system or complaint to the Defence Force Ombudsman.

Key Provisions

The main operative sections of this Determination pertain to the repeal of the Defence (Individual Benefits) Determination (No. 3) 2026. Section 1 establishes the title of the Determination, while Section 2 sets the commencement date as 30 June 2026. Section 3 identifies the authority for this Determination under section 58B of the Defence Act 1903. Section 4 outlines how the specified instruments in the Schedule are amended or repealed, with any other items in the Schedule taking effect according to their terms. Specifically, Schedule 1, Item 1, repeals the Defence (Individual Benefits) Determination (No. 3) 2026, which had provided additional benefits to a specified member that are not covered under the Defence Determination 2026/19, Conditions of service. The obligations and requirements imposed by this Determination include the repeal of the individual determination as it is no longer required due to the circumstances that warranted its creation not coming into effect. This repeal is effective as of 30 June 2026 and ensures that the additional benefits previously provided are no longer applicable. The repeal process is conducted in accordance with the authority granted under section 58B of the Defence Act 1903 and the interpretation principles set out in the Acts Interpretation Act 1901. The Determination also adheres to the compatibility requirements under the Human Rights (Parliamentary Scrutiny) Act 2011, as evidenced by the statement of compatibility provided in annex B. Any breach of the provisions outlined in this Determination could lead to legal consequences, although the specific offences, penalties, or civil/criminal consequences are not detailed in the text. However, it is worth noting that decisions 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. Additionally, a person may make a complaint to the Defence Force Ombudsman. The repealed determination's provisions were contingent upon certain circumstances, which did not come into effect, thus making the additional benefits unnecessary and warranting the repeal.

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Area of Law
Defence & Military Law
Instrument
Legislative Instrument
Concepts
Repeal & Amendment
Human Rights Compatibility
Defence & Military Law

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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.