{"id":"F2017L00187","name":"Defence Determination 2017/7, Special benefit payment – amendment","slug":"defence-determination-2017-7-special-benefit-payment-amendment","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95872,"registerId":"commonwealth-F2017L00187-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Defence Determination 2017/7, Special be","sectionType":"part","heading":"Defence Determination 2017/7, Special benefit payment — amendment","content":"# Defence Determination 2017/7, Special benefit payment – amendment\n\n| I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.Dated 1 March 2017L A ARNOLDActing Assistant SecretaryPeople Policy and Employment ConditionsDefence People Group |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"1","content":"##### 1","sortOrder":1},{"sectionNumber":"Citation","sectionType":"section","heading":"Citation","content":"##### Citation","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"2","content":"##### 2","sortOrder":3},{"sectionNumber":"Commencement","sectionType":"section","heading":"Commencement","content":"##### Commencement","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"3","content":"##### 3","sortOrder":5},{"sectionNumber":"Authority","sectionType":"section","heading":"Authority","content":"##### Authority","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"4","content":"##### 4","sortOrder":7},{"sectionNumber":"Schedules","sectionType":"section","heading":"Schedules","content":"##### Schedules","sortOrder":8},{"sectionNumber":"NOTE","sectionType":"section","heading":"NOTE","content":"###### NOTE","sortOrder":9},{"sectionNumber":"The whole of this Determination.","sectionType":"section","heading":"The whole of this Determination.","content":"##### The whole of this Determination.","sortOrder":11},{"sectionNumber":"Chapter 2 Part 3 Division 3 (Special ben","sectionType":"section","heading":"Chapter 2 Part 3 Division 3 (Special benefit payment — management-initiated early retirement)","content":"##### Chapter 2 Part 3 Division 3 (Special benefit payment – management-initiated early retirement)","sortOrder":13},{"sectionNumber":"Division 3","sectionType":"subdivision","heading":"Special benefit payment","content":"Schedule 2—Amendments to Defence Determination 2016/19\n\nPart 1—Amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Chapter 2 Part 3 Division 3 (Special benefit payment – management-initiated early retirement) |\n| --- | --------------------------------------------------------------------------------------------- |\n| | Repeal the Division, substitute: |\n\n#### Division 3: Special benefit payment\n\n##### 2.3.20 Purpose\n\n| 1. | The purpose of this Division is to provide the payment of a special benefit to a member who is compulsorily transferred from the Permanent Force to the Reserves under section 16 of Defence Regulation 2016 for reasons of workforce planning in the Defence Force for the purpose of the Command Initiated Transfer to the Reserves (CITR) scheme. |\n| --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 2. | The payment is not a performance management tool. |\n\n##### 2.3.21 Definitions\n\n| | For the purpose of this Division, Defence Regulation means the Defence Regulation 2016, as in force from time to time. |\n| --- | ---------------------------------------------------------------------------------------------------------------------- |\n\n##### 2.3.22 Member eligible for a special benefit\n\n```html\n

1.

A member of the Permanent Forces is eligible for payment of a special benefit if they meet all of the following conditions.

a.

The member has completed at least two years service at their current rank.

b.

The member has at least 12 months of service remaining before the day on which their period of service is expected to end.

Note: The day the member’s period of service ends is the earlier of the following days.

i.

The day the member reaches retirement age.

ii.

The last day of the member's fixed period of service.

c.

The member has been identified for a command-initiated transfer to the Reserves for the purpose of Part 10, Chapter 7 of the Military Personnel Policy Manual, as published on 19 December 2016.

d.

The CDF has decided under section 16 of the Defence Regulation to transfer the member from the Permanent Forces to the Reserves in the interest of the Defence Force for workforce planning reasons.

e.

The member is transferred to the Reserves within 30 days of the member being notified of the CDF's decision under section 16 of the Defence Regulation being made.

2.

A member is not eligible for a payment if any of the following circumstances apply.

a.

The member is subject to an investigation for unacceptable behaviour.

b.

The member is subject to disciplinary action.

c.

The member is the subject of a notice to show cause for an administrative sanction (including a notice of a positive test result under section 100 of the Defence Act, as in force from time to time).

d.

An administrative sanction has been imposed on the member within the previous 12 months.

\n```\n\n##### 2.3.23 Amount of special benefit\n\n```html\n

1.

An eligible member may be paid the lesser of the following.

a.

The sum described in items 1 and 2 of the following table less the amounts described in item 3.

\n```\n\n```html\n

Item

Description

Amount

1.

ADF service, including earlier periods of ADF service.

The sum of the following amounts.

a.

A fortnight’s salary for each completed year of continuous full-time service in the ADF.

b.

A pro rata payment for each part year of continuous full-time service completed in the ADF.

2.

Prior non-ADF service recognised for long service leave.

See: Chapter 5 Part 5, Long service leave, for a definition of this service.

The sum of the following amounts.

a.

A fortnight’s salary for each completed year of prior service that is recognised for long service leave.

b.

A pro rata payment for each part year of prior service completed that is recognised for long service leave.

3.

Prior payments for redundancy or retirement.

Any payments made by the Commonwealth or any employer of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.

\n```\n\n```html\n

b.

48 weeks salary.

2.

In this section, salary includes Service allowance as provided under Defence Force Remuneration Tribunal Determination No. 11 of 2013, as in force from time to time.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.2, published at Chapter 4 Part 2 Part B Division B.2, Service allowance.

\n```\n\n##### 2.3.25 Repayment of special benefit\n\n| | The member must repay to the Commonwealth any amount paid under this Division, if they begin a period of continuous full-time service (as a member of the Reserves or Permanent Forces) within one year of receiving a payment under this Division. |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n \nPart 2—Transitional provisions\n\n```html\n
1
Processes begun under Defence (Personnel) Regulation 2002

1.

In this section Principal Determination means one of the following Determinations.

a.

Defence Determination 2005/15, Conditions of Service, as in force on 30 June 2016.

b.

Defence Determination 2016/19, Conditions of service, as in force on 30 September 2016.

Note: Defence Determination 2005/15 was repealed by Defence Determination 2016/19.

2.

If a member received a preliminary notice for special benefit under Chapter 8 Part 3 of the Defence (Personnel) Regulations 2002 prior to its repeal and subsequently received an offer of special benefit under that part of the Regulations the rules that would have applied to the member under the Principal Determination had it not been repealed continue to apply.

Note: Section 85 of the Defence Regulations sets out transitional provisions in relation to an application made, or a process begun under the Defence (Personnel) Regulations 2002.

\n```","sortOrder":14},{"sectionNumber":"2.3.20 Purpose","sectionType":"section","heading":"2.3.20 Purpose","content":"##### 2.3.20 Purpose\n\n| 1. | The purpose of this Division is to provide the payment of a special benefit to a member who is compulsorily transferred from the Permanent Force to the Reserves under section 16 of Defence Regulation 2016 for reasons of workforce planning in the Defence Force for the purpose of the Command Initiated Transfer to the Reserves (CITR) scheme. |\n| --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 2. | The payment is not a performance management tool. |","sortOrder":15},{"sectionNumber":"2.3.21 Definitions","sectionType":"section","heading":"2.3.21 Definitions","content":"##### 2.3.21 Definitions\n\n| | For the purpose of this Division, Defence Regulation means the Defence Regulation 2016, as in force from time to time. |\n| --- | ---------------------------------------------------------------------------------------------------------------------- |","sortOrder":16},{"sectionNumber":"2.3.22 Member eligible for a special ben","sectionType":"section","heading":"2.3.22 Member eligible for a special benefit","content":"##### 2.3.22 Member eligible for a special benefit\n\n```html\n

1.

A member of the Permanent Forces is eligible for payment of a special benefit if they meet all of the following conditions.

a.

The member has completed at least two years service at their current rank.

b.

The member has at least 12 months of service remaining before the day on which their period of service is expected to end.

Note: The day the member’s period of service ends is the earlier of the following days.

i.

The day the member reaches retirement age.

ii.

The last day of the member's fixed period of service.

c.

The member has been identified for a command-initiated transfer to the Reserves for the purpose of Part 10, Chapter 7 of the Military Personnel Policy Manual, as published on 19 December 2016.

d.

The CDF has decided under section 16 of the Defence Regulation to transfer the member from the Permanent Forces to the Reserves in the interest of the Defence Force for workforce planning reasons.

e.

The member is transferred to the Reserves within 30 days of the member being notified of the CDF's decision under section 16 of the Defence Regulation being made.

2.

A member is not eligible for a payment if any of the following circumstances apply.

a.

The member is subject to an investigation for unacceptable behaviour.

b.

The member is subject to disciplinary action.

c.

The member is the subject of a notice to show cause for an administrative sanction (including a notice of a positive test result under section 100 of the Defence Act, as in force from time to time).

d.

An administrative sanction has been imposed on the member within the previous 12 months.

\n```","sortOrder":17},{"sectionNumber":"2.3.23 Amount of special benefit","sectionType":"section","heading":"2.3.23 Amount of special benefit","content":"##### 2.3.23 Amount of special benefit\n\n```html\n

1.

An eligible member may be paid the lesser of the following.

a.

The sum described in items 1 and 2 of the following table less the amounts described in item 3.

\n```\n\n```html\n

Item

Description

Amount

1.

ADF service, including earlier periods of ADF service.

The sum of the following amounts.

a.

A fortnight’s salary for each completed year of continuous full-time service in the ADF.

b.

A pro rata payment for each part year of continuous full-time service completed in the ADF.

2.

Prior non-ADF service recognised for long service leave.

See: Chapter 5 Part 5, Long service leave, for a definition of this service.

The sum of the following amounts.

a.

A fortnight’s salary for each completed year of prior service that is recognised for long service leave.

b.

A pro rata payment for each part year of prior service completed that is recognised for long service leave.

3.

Prior payments for redundancy or retirement.

Any payments made by the Commonwealth or any employer of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.

\n```\n\n```html\n

b.

48 weeks salary.

2.

In this section, salary includes Service allowance as provided under Defence Force Remuneration Tribunal Determination No. 11 of 2013, as in force from time to time.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.2, published at Chapter 4 Part 2 Part B Division B.2, Service allowance.

\n```","sortOrder":18},{"sectionNumber":"2.3.25 Repayment of special benefit","sectionType":"section","heading":"2.3.25 Repayment of special benefit","content":"##### 2.3.25 Repayment of special benefit\n\n| | The member must repay to the Commonwealth any amount paid under this Division, if they begin a period of continuous full-time service (as a member of the Reserves or Permanent Forces) within one year of receiving a payment under this Division. |\n| --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n \nPart 2—Transitional provisions\n\n```html\n
1
Processes begun under Defence (Personnel) Regulation 2002

1.

In this section Principal Determination means one of the following Determinations.

a.

Defence Determination 2005/15, Conditions of Service, as in force on 30 June 2016.

b.

Defence Determination 2016/19, Conditions of service, as in force on 30 September 2016.

Note: Defence Determination 2005/15 was repealed by Defence Determination 2016/19.

2.

If a member received a preliminary notice for special benefit under Chapter 8 Part 3 of the Defence (Personnel) Regulations 2002 prior to its repeal and subsequently received an offer of special benefit under that part of the Regulations the rules that would have applied to the member under the Principal Determination had it not been repealed continue to apply.

Note: Section 85 of the Defence Regulations sets out transitional provisions in relation to an application made, or a process begun under the Defence (Personnel) Regulations 2002.

\n```","sortOrder":19},{"sectionNumber":"Processes begun under Defence (Personnel","sectionType":"section","heading":"Processes begun under Defence (Personnel) Regulation 2002","content":"##### Processes begun under Defence (Personnel) Regulation 2002","sortOrder":21}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as an amendment to Defence Determination 2016/19, specifically replacing Division 3 on special benefit payments. It does not expand beyond workforce planning-related transfers to the Reserves."},"complexity_factors":["Multiple cross-references to external documents (Defence Regulation 2016, Military Personnel Policy Manual, DFRT Determination No. 11 of 2013, Defence Act 1903)","Nested eligibility conditions (5 positive criteria plus 4 exclusion criteria)","Complex payment calculation formula involving: ADF service years, prior non-ADF service, pro-rata calculations, subtraction of prior redundancy payments, and a 48-week cap","Transitional provisions preserving rights under two repealed/superseded determinations (2005/15 and 2016/19) and the repealed Defence (Personnel) Regulations 2002","Defined terms section (though only one explicit definition: 'Defence Regulation')","Repayment condition with 12-month lookback period"],"plain_english_summary":"This law creates a special lump‑sum benefit for full‑time ADF members compulsorily moved from the Permanent Force to the Reserves (CITR). It functions like a redundancy payment—protecting members pushed out for workforce reasons, setting eligibility and misconduct exclusions, prescribing a service‑based calculation with a cap, and requiring repayment if the member returns to full‑time service within a year. Transitional rules preserve outcomes for cases started under pre‑2016 arrangements."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The amendment replaces the prior Division with a narrowly framed Division that applies only to compulsory transfers under section 16 for workforce‑planning (the CITR scheme) and expressly excludes use as a performance‑management tool (2.3.20). It sets new eligibility conditions, payment calculation (including offsets and a 48‑week cap), repayment rules for return to full‑time service within one year, and transitional rules preserving pre‑existing processes begun under the earlier Regulations (2.3.20; 2.3.22–2.3.25; Transitional provisions)."},"complexity_factors":["Cross‑references to external instruments and manuals (Defence Regulation 2016; Military Personnel Policy Manual; DFRT Determination No.11) (2.3.21, 2.3.22(c), 2.3.23(2))","Eligibility rules with multiple temporal conditions (minimum rank tenure; at least 12 months remaining; transfer within 30 days of notification) (2.3.22(1)(a),(b),(e))","Disqualifying conditions tied to investigations, disciplinary action or recent administrative sanctions (2.3.22(2)(a)–(d))","Monetary calculation using a multi‑part service formula plus offsets for prior payments, and an overall cap (service years, prior non‑ADF service, offsets, 48‑week cap) (2.3.23 items 1–3; 2.3.23(1)(b))","Repayment trigger creating a clawback and behavioural incentive (repayment if recommences continuous full‑time service within one year) (2.3.25)","Administrative discretion: CDF decision under s16 triggers entitlement and timing requirements (2.3.22(1)(d),(e))","Transitional provisions preserving prior determinations for processes begun under earlier Regulations (Part 2—Transitional provisions)"],"plain_english_summary":"This instrument amends Defence Determination 2016/19 to create a special benefit for members compulsorily transferred from the Permanent Force to the Reserves under section 16 of the Defence Regulation for workforce‑planning (the Command Initiated Transfer to the Reserves or CITR). The Commonwealth pays a one‑off sum calculated by a service‑based formula (capped at 48 weeks’ salary) subject to eligibility rules, exclusions for misconduct/discipline, and a repayment obligation if the member returns to continuous full‑time service within one year (see 2.3.20–2.3.25)."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-2017-7-special-benefit-payment-amendment","history":"/api/acts/defence-determination-2017-7-special-benefit-payment-amendment/history","analysis":"/api/acts/defence-determination-2017-7-special-benefit-payment-amendment/analysis","conflicts":"/api/acts/defence-determination-2017-7-special-benefit-payment-amendment/conflicts","importantCases":"/api/acts/defence-determination-2017-7-special-benefit-payment-amendment/important-cases","documents":"/api/acts/defence-determination-2017-7-special-benefit-payment-amendment/documents"}}