Defence (Location allowance) Determination 2021

Administered by Department of Defence

Legislation au F2021L00115 Not in force Legislative Instrument

Legislation content

Defence (Location allowance) Determination 2021

This Determination is made under section 58B of the Defence Act 1903 (the Defence Act) 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 Determination makes references to sections of Defence Determination 2016/19, Conditions of service, which are incorporated into this Determination as in force immediately before the commencement of this Determination. Defence Determination 2016/19, Conditions of service, is a legislative instrument made under section 58B of the Defence Act.

The purpose of this Determination is to provide a transitional provision so that members who performed duty in Greece or Romania are eligible for hardship location benefits for duty performed since 12 August 2020, and to repeal Schedule 3 of Defence Determination, Conditions of service Amendment Determination 2021 (No. 1) in full.

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

Section 2 provides that this instrument 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Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Location allowance – Greece and Romania

Section 1 defines ‘the Defence Determination’ as being Defence Determination 2016/19, Conditions of service, which is incorporated into this Schedule as in force immediately before the commencement of this Determination.

Section 2 is a provides eligibility for hardship location benefits under Chapter 16 Part 2A of the Defence Determination for members who performed duty in Greece or Romania between 12 August 2020 and the commencement of this Determination as though Annex 16.B of the Defence Determination was in force at the time.

Schedule 2—Repeals

Section 1 repeals Defence Determination, Conditions of service Amendment Determination 2021 (No. 1), Schedule 3 in full.

Decisions that are made under the Principal Determination, as amended by 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

The rule maker was satisfied that 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 transitional provision so that members who performed duty in Greece or Romania are eligible for hardship location benefits for duty performed since 12 August 2020.

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 advances human rights by providing additional assistance to a member performing duty in Greece or Romania that goes beyond assistance provided for normal overseas conditions of service so that the member and their dependants are compensated for the difficulties or hardships they can experience while performing duty in a hardship location

Conclusion

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

COL Kirk Lloyd, Acting Assistant Secretary People Policy and Employment Conditions

 

Overview

The Defence (Location allowance) Determination 2021 was enacted to address a transitional need for providing hardship location benefits to Australian Defence Force members who performed duty in Greece or Romania since 12 August 2020. This Determination was made under section 58B of the Defence Act 1903 and is subject to the Legislation Act 2003, as well as the interpretation principles of the Acts Interpretation Act 1901. The primary objective of this Determination is to ensure that these members are eligible for the hardship location benefits as if the relevant provisions were in force from the specified date. Furthermore, it repeals Schedule 3 of Defence Determination, Conditions of service Amendment Determination 2021 (No. 1) in full. This legislative instrument was introduced to provide necessary support and compensation for the unique challenges faced by members and their dependants in hardship locations.

Scope and Application

The Defence (Location Allowance) Determination 2021 applies to members of the Australian Defence Force (ADF) who have performed duty in Greece or Romania since 12 August 2020. The Determination is made under section 58B of the Defence Act 1903 and in accordance with the Acts Interpretation Act 1901. It is a legislative instrument subject to the Legislation Act 2003 and includes references to Defence Determination 2016/19, Conditions of service, which are incorporated as in force immediately before the commencement of this Determination. The purpose of this Determination is to provide a transitional provision so that members who performed duty in Greece or Romania are eligible for hardship location benefits for duty performed since 12 August 2020, and to repeal Schedule 3 of Defence Determination, Conditions of service Amendment Determination 2021 (No. 1) in full. 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, as it advances the protection of human rights by providing additional assistance to members performing duty in hardship locations.

Key Provisions

The Defence (Location Allowance) Determination 2021 (the Determination) primarily aims to ensure that Defence personnel who performed duty in Greece or Romania since 12 August 2020 are eligible for hardship location benefits (Section 1 of Schedule 1). This transitional provision is essential to provide these members with the necessary support that acknowledges the unique challenges they face while serving in these locations. The Determination also repeals Schedule 3 of Defence Determination, Conditions of Service Amendment Determination 2021 (No. 1) in full (Section 1 of Schedule 2). The Determination imposes specific obligations on the Defence Force and its members. Firstly, it requires the Defence Force to recognise and compensate members who served in Greece or Romania since the specified date by providing them with hardship location benefits (Section 2 of Schedule 1). These benefits are designed to address the additional hardships and difficulties faced by the members and their dependents while serving in these countries. Furthermore, the Defence Force must ensure that the benefits are calculated and paid in accordance with the Defence Determination 2016/19, Conditions of Service, as incorporated into this Determination (Section 1 of Schedule 1). Breaches of the provisions outlined in this Determination can lead to various consequences. While the Determination does not explicitly state any offences or penalties, it is likely that failure to comply with the provisions could result in civil or administrative consequences. This could include investigations under the ADF redress of grievance system as provided under Part 7 of the Defence Regulation 2016, and complaints to the Defence Force Ombudsman. Furthermore, the human rights compatibility of the Determination underscores the importance of adhering to its provisions to ensure that the rights and freedoms of Defence personnel are protected and upheld.

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Area of Law
Defence & Military Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Human Rights 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.