Defence (Individual payments) Determination 2020

Administered by Department of Defence

Legislation au F2020L00760 In force Legislative Instrument

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Defence (Individual payments) Determination 2020

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.

The purpose of this Determination is to provide a payment to members and former members of the Australian Defence Force (ADF) who were in receipt of Special Forces disability allowance under Defence Force Remuneration Tribunal (DFRT) Determination No. 5 of 2008, Special Forces Disability Allowance (DFRT Determination 5 of 2008) on 23 September 2015 and were eligible for Special Forces disability allowance under DFRT Determination No. 11 of 2013, ADF Allowances (DFRT Determination 11 of 2013) on 24 September 2015.

On 24 September 2015, DFRT Determination No. 11 of 2015, ADF Allowances – Special Forces – Amendment (DFRT Determination 11 of 2015) repealed DFRT Determination 5 of 2008 and inserted provisions relating to Special Forces disability allowance into DFRT Determination 11 of 2013. This change resulted in a reduction in the rate of Special Forces disability allowance for certain members and those members becoming eligible for other ADF allowances. To support these members to transition to the lower rate of Special Forces disability allowance it was communicated that a transition period of up to five years would be provided. This transition period would have allowed affected members to continue to receive the higher allowance rate but not any other ADF disability allowances during the period. However, DFRT Determination 11 of 2015 did not include this transition period.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that this Determination commences on the day after registration.

Section 3 provides that this instrument has authority under section 58B of the Defence Act.

Section 4 provides that a member or former member who has an employee number listed in column A of the table is eligible for a one-off payment of the amount listed in column B of the same item. The amount payable to the member or former member has been calculated taking into consideration all of the following.

  • The period that the member or former member was eligible for Special Forces disability allowance.
  • The rate of Special Forces disability allowance that the member or former member did receive and the rate of the allowance that the member or former member would have received during the eligibility period, had a transition period been applied to their allowance rate.
  • Any additional ADF disability allowances the member or former member received during the eligibility period that they would not have been eligible for had a transition period been applied.
  • Any Workplace Remuneration Arrangement increases that applied, or would have applied, to the allowance rates during the eligibility period.
  • An amount in lieu of recreation leave credits the former member would have accrued had the higher rate of Special Forces disability allowance continued to apply

Consultation

Army were consulted during the drafting of this instrument. The rule maker was satisfied that further external consultation was not required.

Authority:  Section 58B of the
Defence Act 1903

 

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

The purpose of this Determination is to provide a payment to members and former members of the Australian Defence Force (ADF) who were in receipt of Special Forces disability allowance under Defence Force Remuneration Tribunal (DFRT) Determination No. 5 of 2008, Special Forces Disability Allowance (DFRT Determination 5 of 2008) on 23 September 2015 and were eligible for Special Forces disability allowance under DFRT Determination No. 11 of 2013, ADF Allowances (DFRT Determination 11 of 2013) on 24 September 2015.

On 24 September 2015, DFRT Determination No. 11 of 2015, ADF Allowances – Special Forces – Amendment (DFRT Determination 11 of 2015) repealed DFRT Determination 5 of 2008 and inserted provisions relating to Special Forces disability allowance into DFRT Determination 11 of 2013. This change resulted in a reduction in the rate of Special Forces disability allowance for certain members and those members becoming eligible for the payment of other ADF allowances. To support these members to transition to the lower rate of Special Forces disability allowance it was communicated that a transition period of up to five years be provided. This transition period would have allowed affected members to continue to receive the higher allowance rate but not any other ADF disability allowances during the period. However, DFRT Determination 11 of 2015 did not include this transition period.

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 guarantees just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

This Determination provides a one-off payment to members and former members of the ADF who was affected by the changes to Special Forces disability allowance. This payment provides the affected members and former members with the amount that they would have received had a transition period been in place.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

 

General Angus Campbell, AO, DSC, Chief of the Defence Force

Overview

The Defence (Individual payments) Determination 2020 was enacted under section 58B of the Defence Act 1903 to address a specific issue arising from the changes in the Special Forces disability allowance system. This Determination responds to the gap left by the Defence Force Remuneration Tribunal (DFRT) Determination No. 11 of 2015, which did not include the promised transition period for members affected by the reduction in Special Forces disability allowance rates. The objective of this Determination is to provide a one-off payment to members and former members of the Australian Defence Force (ADF) who were in receipt of the Special Forces disability allowance on 23 September 2015 and were eligible for it under the amended allowance determination on 24 September 2015. This payment compensates for the shortfall in allowances due to the absence of the promised transition period. The Determination was made by the Chief of the Defence Force and is compatible with the human rights and freedoms recognised in the international instruments, as it aims to protect the right to the enjoyment of just and favourable conditions of work.

Scope and Application

The Defence (Individual Payments) Determination 2020 applies specifically to members and former members of the Australian Defence Force (ADF) who were receiving Special Forces disability allowance under Defence Force Remuneration Tribunal (DFRT) Determination No. 5 of 2008 on 23 September 2015 and were also eligible for Special Forces disability allowance under DFRT Determination No. 11 of 2013 on 24 September 2015. This legislation is made under section 58B of the Defence Act 1903 and is subject to the interpretation principles in the Acts Interpretation Act 1901. The Determination aims to provide a one-off payment to these affected members and former members, compensating them for the reduction in Special Forces disability allowance rates that occurred due to the transition from DFRT Determination 5 of 2008 to DFRT Determination 11 of 2013, which did not include the previously communicated transition period. The payment is calculated based on the period of eligibility, the actual allowance rates received, and the allowances that would have been received had the transition period been applied, along with other considerations such as additional ADF disability allowances and Workplace Remuneration Arrangement increases.

Key Provisions

The Defence (Individual Payments) Determination 2020, made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, aims to provide a one-off payment to members and former members of the Australian Defence Force (ADF) who were affected by changes in Special Forces disability allowance rates. Specifically, section 4 of this Determination stipulates that members or former members listed in column A of the attached table are eligible for a payment as detailed in column B. This payment is calculated based on the period of eligibility for the Special Forces disability allowance, the actual allowance rate received, the rate that would have been received if a transition period had been applied, any additional ADF disability allowances received that would not have been eligible had a transition period been applied, any Workplace Remuneration Arrangement increases that applied or would have applied to the allowance rates during the eligibility period, and an amount in lieu of recreation leave credits the former member would have accrued had the higher rate of Special Forces disability allowance continued to apply. This Determination imposes obligations on the ADF and the relevant members or former members. The ADF is required to identify eligible members or former members as specified in the attached table and calculate the appropriate payment based on the outlined criteria. Members or former members, on their part, need to ensure that they meet the eligibility criteria as set out in the Determination and provide any necessary documentation to substantiate their eligibility and the calculations of their payments. Failure to comply with the provisions of this Determination may result in civil or criminal consequences, although the Determination itself does not explicitly detail specific offences or penalties for non-compliance. However, given that this is a legislative instrument, breaches may be subject to the general legal framework governing legislative instruments, including potential actions for judicial review under the Administrative Decisions (Judicial Review) Act 1977, or penalties as stipulated under the Legislation Act 2003. The maximum penalties for breaches of legislative instruments can vary depending on the nature and severity of the breach, but they can include fines and other civil remedies.

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Defence Law
Instrument
Statutory Instrument
Concepts
Commencement Provisions
Offence Provisions
Reporting & Disclosure Obligations
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Remuneration

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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.