{"id":"F2018L00034","name":"Defence Determination 2018/1, Hardship and location allowance – amendment","slug":"defence-determination-2018-1-hardship-and-location-allowance-amendment","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96672,"registerId":"commonwealth-F2018L00034-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination 2018/1, Hardship and location allowance – amendment","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![](image.001.png)\n\nDefence Determination 2018/1, Hardship and location allowance – amendment\n\nI, PHILLIP JOHN HOGLIN, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 9 January 2018\n\nP J HOGLIN\n\nActing Assistant Secretary  People Policy and Employment Conditions  Defence People Group\n\n \n\n \n\n\n\n\n \n\nContents\n\n1 Name...............................................2\n\n2 Commencement.........................................2\n\n3 Authority.............................................2\n\n4 Schedules.............................................2\n\nSchedule 1—Hardship and location allowance 3\n\nDefence Determination 2016/19, Conditions of service 3\n\nSchedule 2—Transitional provision 4\n\nDefence Determination 2016/19, Conditions of service 4\n\n \n\n \n\n1  Name\n\n  This instrument is the Defence Determination 2018/1, Hardship and location allowance – amendment.\n\n2  Commencement\n\n  This instrument commences on 11 January 2018.\n\n3  Authority\n\n  This instrument is made under section 58B of the Defence Act 1903\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\nSchedule 1—Hardship and location allowance\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 16.A (Hardship post conditions of service – member posted before 1 July 2017) |\n| --- | --- |\n|  | After table item 24, insert: |\n\n\n \n\n| 24A. | Malaysia – Lumut | 36 | Capital city (1) | Capital city (1) | 12 | Regional centre only | 9 | D |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 2 | Annex 16.B (Hardship post conditions of service – member posted on or after 1 July 2017) |\n| --- | --- |\n|  | After table item 29, insert: |\n\n\n \n\n| 29A. | Malaysia – Lumut | 36 | Capital city (1) | Capital city (1) | 12 | Regional centre only | D |\n| --- | --- | --- | --- | --- | --- | --- | --- |\n\n\n \n\n \n\nSchedule 2—Transitional provision\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Hardship and location allowance – transitional provision\n- 1. This section applies to a member who meets all of the following conditions.\n- a. The member was on short-term duty in a hardship location before 1 July 2017.\n- b. The member remained in the hardship location on or after 1 July 2017.\n- 2. The period that the member spent in the hardship location before 1 July 2017 is to count towards the 28 day qualifying period under section 16.2A.4 of the Principal Determination for the payment of location allowance.\n- 3. If the member completed the 28 day qualifying period under section 16.2A.4 using the period set out in subsection 2, the member is eligible for the payment of the following allowances for each day of duty.\n- a. Hardship allowance for the period spent in the hardship location before 1 July 2017, less the amount of hardship allowance that the member received for the same period of duty in the area specified.\n- b. Location allowance for the period spent in the hardship location on or after 1 July 2017 less the amount of location allowance that the member received for the same period of duty in the area specified.\n\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument expands the scope of hardship/location allowances by adding Malaysia — Lumut to the specified hardship posts and creates a transitional entitlement for members who were on short‑term duty before 1 July 2017 and remained after that date, requiring counting of prior days toward the 28‑day qualifying period and reconciliation of payments."},"complexity_factors":["Amendment inserts new table entries in two separate annexes (pre-1 July 2017 and on/after 1 July 2017) requiring consistent interpretation across tables","Transitional provision cross‑references the Principal Determination (section 16.2A.4) and requires counting pre‑cutoff service towards a 28‑day qualifying period","Requires calculation and reconciliation of amounts: payment of differences between new entitlements and amounts already paid for overlapping periods","Temporal threshold (1 July 2017) creates bifurcated rules for members based on posting date","Administrative implementation: payroll adjustments, verification of service dates and duty records, and recording of qualifying periods","Legal authority is a delegated administrative determination under s58B of the Defence Act 1903"],"plain_english_summary":"This Determination adds Lumut, Malaysia to the Defence hardship and location allowance tables, specifying allowance categories and rates and commencing 11 January 2018. It is made under section 58B of the Defence Act 1903.\n\nIt also sets a transitional rule: periods on short‑term duty in a hardship location before 1 July 2017 count toward the 28‑day qualifying period for location allowance and triggers reconciliations so members receive any shortfall between new and previously paid allowances."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This amendment stays strictly within the original scope of Defence Determination 2016/19. It merely adds a specific location (Malaysia – Lumut) to existing tables and provides a technical transitional fix for members caught by the 2017 rule changes. There is no expansion of the scheme's purpose or coverage beyond the existing hardship and location allowance framework."},"complexity_factors":["Very short instrument (4 pages including cover)","Only 2 substantive items: adding a table entry to two annexes and one transitional provision","Minimal defined terms (relies on existing definitions in Defence Determination 2016/19)","Simple conditional logic (if member meets criteria A and B, then consequence C applies)","No nested exceptions or complex cross-referencing beyond pointing to existing sections of the Principal Determination"],"plain_english_summary":"This amendment adds Lumut, Malaysia to the ADF’s list of hardship locations, making personnel posted there eligible for the relevant location and hardship allowances. It also protects members who were on short-term duty before 1 July 2017 by letting their pre‑July service count toward the qualifying period and allowing retrospective hardship pay where applicable."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-2018-1-hardship-and-location-allowance-amendment","history":"/api/acts/defence-determination-2018-1-hardship-and-location-allowance-amendment/history","analysis":"/api/acts/defence-determination-2018-1-hardship-and-location-allowance-amendment/analysis","conflicts":"/api/acts/defence-determination-2018-1-hardship-and-location-allowance-amendment/conflicts","importantCases":"/api/acts/defence-determination-2018-1-hardship-and-location-allowance-amendment/important-cases","documents":"/api/acts/defence-determination-2018-1-hardship-and-location-allowance-amendment/documents"}}