Defence (Payments to ADF Cadets) Determination 2022

Administered by Department of Defence

Legislation au F2022L01083 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Defence (Payments to ADF Cadets) Determination 2022

Section 62B of the Defence Act 1903

 

The Chief of the Defence Force (CDF), as the administrator of the Australian Defence Force Cadets program (ADF Cadets), has the authority to make determinations by legislative instrument that provide for payments or other pecuniary benefits to or for officers of cadets, instructors of cadets, or in respect of members of the families of officers, instructors and cadets by way of grants, honoraria, payments for expenses or other means. A determination made by the CDF can also provide for the recovery of any part of the financial assistance provided under the determination.

The Defence (Payments to ADF Cadets) Determination 2022 repeals an earlier Determination. The new determination replicates the existing arrangements for payments in respect of ADF Cadets, and increases the flexibility around capacity to make payments to covers costs in exceptional circumstances. These payments may include, but are not restricted to, payment of medical, bereavement and other expenses arising from an incident or accident occurring at an approved ADF Cadet activity. It is not intended that this provision would apply to any expenses/payments already made through other means, such as Defence insurance arrangements or through Medicare or Private Health Insurance.

The intent is to remove the requirement to only allow payments in exceptional circumstances to be made as a reimbursement. Payments to meet unexpected expenses in exceptional circumstances may be provided to persons in relation to ADF cadets; officers and instructors of cadets, and also to other adult volunteers at an ADF Cadet activity such as Defence Approved Helpers. The decision makers for the payment of other expenses in exceptional circumstances are listed directly in this determination. 

Name of the instrument

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

Commencement

Section 2 provides that the Instrument commences the day after the Instrument is registered.

Authority

Section 3 provides that this Instrument is made under the authority of subsection 62B(1) of the Defence Act 1903.

Definitions

Section 4 provides definitions applicable to the Instrument.

Schedules

Section 5 provides for the repeal of the Defence (Payment to ADF Cadets) Determination 2019.

 

 

Eligibility for payments

Section 6(1) provides that an officer or instructor of ADF Cadets may apply for a payment where they participate in an ADF Cadet activity. This application needs to be in writing to the authorised person. They will not be paid unless they make an application.

Sections 6(2) and (3) provide that an officer or instructor of ADF Cadets is eligible for no more than 48 days of payment per financial year for ADF cadet activities. An officer or instructor of ADF Cadets must apply to the authorised person for approval of payment where in excess of 48 days is required.

Section 6(4) and (5) provide that an officer or instructor of ADF Cadets must apply for payment before the end of the following calendar month that the ADF cadet activity occurred. An officer or instructor of ADF Cadets must apply to the authorised person for approval of a late application.

Amount of payments

Section 7 sets the circumstances when an application is made in respect of a cadet activity that the daily amount payable and other amounts is no more than the amount approved by the Chief of Joint Capabilities. The provision also specifies that the approved amounts are to be set out in a document signed by the Chief of Joint Capabilities. This document will continue to be treated as a notifiable instrument published on the Federal Register of Legislative Instrument (FRLI) and will also be published on www.cadetnet.gov.au on the day this instrument commences.

The wording of subsections 7(1) and 7(2) has been amended to remove repetition and provide a more consistent drafting approach across Defence. 

Recovery of amounts paid

Section 8 provides for the recovery of an overpayment.

Other benefits

Subsection 9(1) provides for payment of other expenses in exceptional circumstances (e.g. a medical emergency, bereavement, or other expenses arising from an accident or incident occurring at an approved ADF Cadet activity). The subsection requires the decision maker to be satisfied that there are exceptional circumstances, and payments may be made in relation to cadets, officers and instructors of cadets and other adult volunteers. The requirement for this payment to only be made on a reimbursement basis has been removed.

Subsection 9(2) provides that the amount to be paid may be set by the decision maker.

Subsubsection 9(3) lists the decision makers who can determine if exceptional circumstances exist, and what amount may be paid.

It should be noted that the provision is not intended to apply to payment of other expenses that are already met by other means, including but not limited to Defence insurance arrangements or through Medicare or Private Health Insurance.  

 

Authorised persons

Section 10 gives authority to certain persons as ‘authorised persons’ to make discretionary decisions in relation payments as prescribed in this instrument. Subsection 10(c) was no longer required, as the decision makers are now listed at subsection 9(3) of the instrument. 

Transitional Provisions

This Determination does not remove any currently available benefits or payments, so transitional provisions are not required.

Legislative Instrument

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

Commencement

This instrument commences on the day after it is registered.  

Consultation

Consultation with the Head Joint Support Services Division, the ADF Cadet organisations, Defence Family and Member Support Branch and Defence Legal has occurred during the remaking of this Instrument and other relevant documents.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Defence (Payments of ADF Cadets) Determination 2022

This Instrument 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 Instrument is to determine the payment of allowances and other pecuniary benefits to or for officers of cadets, instructors of cadets or in respect of members of the families of officers, instructors and cadets.

Human Rights implications

Children’s freedom of peaceful assembly

This Instrument engages with article 15 of the International Covenant on the Rights of the Child. This article recognises the rights of the child to freedom of expression and peaceful assembly.

As a youth development organisation, the ADF Cadets program brings together people who provide activities in which children and young adults can participate and develop a sense of and appreciation of their community.

ADF Cadets payment is a partial payment made as an honorarium, to assist Officers and Instructors of cadets in those activities. It is not claimed for all activities and is not claimed regularly or at all by significant numbers of officers and instructors. This Instrument provides further information about the procedural incentive to ensure that claims are proximate to the activity they assist with, and makes clear that the payment is an honorarium for activities that are voluntarily performed by officers and instructors of ADF Cadets.

Giving clear information about the nature of benefits provided for these officers and instructors is helpful to ensure transparency and manage expectations of individuals.

Conclusion

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

Overview

The Defence (Payments to ADF Cadets) Determination 2022 was enacted to provide for payments or other pecuniary benefits to or for officers of cadets, instructors of cadets, or in respect of members of the families of officers, instructors and cadets by way of grants, honoraria, payments for expenses or other means. This legislative instrument is made under the authority of subsection 62B(1) of the Defence Act 1903. It aims to replicate existing arrangements for payments in respect of ADF Cadets while increasing the flexibility around capacity to make payments to cover costs in exceptional circumstances, including medical, bereavement, and other expenses arising from incidents or accidents occurring at approved ADF Cadet activities. The determination removes the requirement for payments in exceptional circumstances to be made solely as a reimbursement, thus enabling more timely support to those affected. It also specifies that the provision is not intended to apply to expenses already met through other means, such as Defence insurance arrangements or through Medicare or Private Health Insurance.

Scope and Application

The Defence (Payments to ADF Cadets) Determination 2022 applies to officers and instructors of Australian Defence Force (ADF) Cadets and their families, as well as other adult volunteers participating in ADF Cadet activities. This determination provides for pecuniary benefits, including allowances, honoraria, and payments for expenses, and is made under section 62B of the Defence Act 1903 by the Chief of the Defence Force (CDF). The determination applies nationally, covering all activities recognised under the ADF Cadets program. It includes provisions for the payment of unexpected expenses in exceptional circumstances, such as medical emergencies or bereavements, but excludes expenses already covered by other means like Defence insurance, Medicare, or private health insurance. The decision-making authority for payments is outlined within the determination, and authorised persons are designated to handle applications and approvals. The determination also includes provisions for the recovery of overpayments. Importantly, this determination is compatible with human rights, particularly in its support of the freedom of peaceful assembly as recognised under the International Covenant on the Rights of the Child, by ensuring that the payments made are transparent and serve as an honorarium for voluntary activities.

Key Provisions

The Defence (Payments to ADF Cadets) Determination 2022 (the Determination) provides a framework for payments or other pecuniary benefits to officers and instructors of cadets, or in respect of members of their families. Section 6(1) states that officers or instructors of ADF Cadets may apply for a payment if they participate in an ADF Cadet activity. These applications must be submitted in writing to the authorised person, and payments will not be made without an application. According to Section 6(2) and (3), officers and instructors of ADF Cadets are eligible for no more than 48 days of payment per financial year for ADF cadet activities. For payments exceeding 48 days, the officer or instructor must apply to the authorised person for approval. Section 6(4) and (5) stipulate that an application must be made before the end of the following calendar month that the ADF cadet activity occurred, and the officer or instructor must apply to the authorised person for approval of a late application. Section 7 sets the circumstances when an application is made regarding a cadet activity, and the daily amount payable and other amounts are no more than the amount approved by the Chief of Joint Capabilities. This amount is to be set out in a document signed by the Chief of Joint Capabilities and will be published on the Federal Register of Legislative Instruments and www.cadetnet.gov.au on the day this instrument commences. The Determination imposes several obligations and requirements on the parties involved. Section 6(1) requires officers or instructors of ADF Cadets to submit a written application to the authorised person to be eligible for a payment. Section 6(2) and (3) limit the number of days an officer or instructor can be paid to 48 days per financial year, and any payment exceeding 48 days requires approval from the authorised person. Section 6(4) and (5) mandate that an application be made before the end of the following calendar month that the ADF cadet activity occurred, and an officer or instructor must apply to the authorised person for approval of a late application. Section 7 requires the approved amounts to be set out in a document signed by the Chief of Joint Capabilities, which will be published on the Federal Register of Legislative Instruments and www.cadetnet.gov.au. The Determination includes provisions for the recovery of overpayments. Section 8 provides for the recovery of an overpayment, ensuring that any excess payments made to officers or instructors of ADF Cadets are reclaimed. This provision helps maintain the integrity of the payment system and ensures that funds are used appropriately for the intended purposes. The Determination also addresses the payment of other expenses in exceptional circumstances. Subsection 9(1) allows for the payment of other expenses in exceptional circumstances, such as a medical emergency, bereavement, or other expenses arising from an accident or incident occurring at an approved ADF Cadet activity. The decision maker must be satisfied that there are exceptional circumstances, and payments may be made in relation to cadets, officers and instructors of cadets, and other adult volunteers. The requirement for this payment to only be made on a reimbursement basis has been removed. Subsection 9(2) allows the decision maker to set the amount to be paid, and 9(3) lists the decision makers who can determine if exceptional circumstances exist and what amount may be paid. It should be noted that this provision is not intended to apply to payment of other expenses already met by other means, such as Defence insurance arrangements or through Medicare or Private Health Insurance. The Determination does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the provision for the recovery of overpayments in Section 8 implies that any failure to repay an overpayment could result in enforcement actions to reclaim the excess funds. Additionally, any misuse of payments intended for exceptional circumstances could lead to disciplinary actions or other consequences as determined by the decision makers listed in Subsection 9(3).

Legal classification tags

Area of Law
Defence Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Definitions & Interpretation
Enforcement Powers

Interactions

Authorises

All Versions

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.