{"id":"F2021L00683","name":"Defence Determination, Conditions of service Amendment (Assisted Leave Travel) Determination 2021 (No. 8)","slug":"defence-determination-conditions-of-service-amendment-assisted-leave-travel-determination-2021-no-8","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440867,"registerId":"F2021L00683-fast-fetch-1775956340070","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (Assisted Leave Travel) Determination 2021 (No. 8)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence Determination, Conditions of service Amendment (Assisted Leave Travel) Determination 2021 (No. 8)\n\nI, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 1 June 2021\n\nFiona Louise McSpeerin\n\nAssistant Secretary  People Policy and Employment Conditions  Defence People Group\n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\nSchedule 1—Assisted leave travel amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Transitional provisions\n\nDefence Determination 2016/19, Conditions of service\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment (Assisted Leave Travel) Determination 2021 (No. 8).\n\n2  Commencement\n\nThis instrument commences on 10 June 2021\n\n3  Authority\n\nThis instrument is made under section 58B of the Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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\nSchedule 1—Assisted leave travel amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 16.1.2 (Definitions), Hardship location |\n| --- | --- |\n|  | After the definition, insert: |\n|  | In-country means in the country where the member’s posting location is located. |\n| 2 | Subsection 16.4.7.1 (Number of trips) |\n|  | After the subsection, insert: |\n| 1A. | The number of trips a member is eligible for under subsection 1 is reduced by 1 for each assisted leave travel benefit which is offset under section 16.4.11. |\n| 3 | Section 16.4.11 (Offsetting assisted leave travel) |\n|  | Omit the section, substitute: |\n\n\n##### 16.4.11    Offsetting assisted leave travel\n\n- 1. If the CDF is satisfied that travel to any of the following locations meets the purpose of assisted leave travel, the member is permitted to offset the assisted leave travel under section 16.4.5 to travel to that location.\n- a. Travel to a location in another county other than the location listed in Annex 16.B.\n- b. Travel to a location in-country.\n- 2. The CDF must consider all of the following criteria.\n- a. The purpose of the leave fare.\n- b. The facilities and environment at the destination.\n- c. Any travel restrictions that may apply to the destination.\n- 3. If a member is permitted to offset their assisted leave travel to travel to a location in another country all of the following apply.\n- a. They cease to be eligible for assisted leave travel under section 16.4.5 for the trip that has been offset.\n- b. They are eligible for the value of the travel they would have been eligible for under section 16.4.5.\n- 4. If during the COVID-19 pandemic the member is permitted to offset their assisted leave travel to travel a location in-country, all of the following apply.\n- a. They cease to be eligible for assisted leave travel under section 16.4.5 for the trip that has been offset.\n- b. They are eligible for return transport costs up to the value they would have been eligible for under section 16.4.5.\n- c. If they travel by private vehicle, section 16.4.15 applies.\n- 5. For the purpose of determining the value of the travel under subsections 3 and 4, the regional leave centre or relief leave centre is a location other than a location in Australia.\n- 4 Section 16.4.12 (Proof of travel)\n- Omit the section, substitute:\n\n\n##### 16.4.12    Proof of travel\n\n- 1. Proof of travel is required if the member meets any of the following.\n- a. They offset their assisted leave travel under section 16.4.11.\n- b. They are paid for assisted leave travel in advance.\n- 2. The member must provide documentary evidence within two weeks of returning from leave that they and their dependants visited a location in another country, or in-country.\n- 3. Documentary evidence may include the following.\n- a. A dated exit or entry stamp in a passport.\n- b. An airline boarding pass that states the date and destination of the flight.\n- c. Written confirmation from a travel agent.\n- d. A bus or train ticket.\n\n\n\n\n\nSchedule 2—Transitional provisions\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Definitions\n- In this Schedule the following apply.\n- Defence Determination means the Defence Determination 2016/19, Conditions of service, as in force from time to time.\n- Decision maker means one of the following.\n- a. A person not below MAJ(E)/APS 6 who is authorised to manage Defence personnel administration at the overseas post.\n- b. Senior ADF Representative at the overseas post.\n- c. Director of Attaché and Overseas Management.\n- In-country means in the country where the member’s posting location is located.\n- 2 Offsetting assisted leave travel\n- 1. This section applies to a member who would have been eligible for assisted leave travel under section 16.4.5 of the Defence Determination between 26 February 2021 and the commencement of this Schedule.\n- 2. The member is eligible for return transport costs up to the value of assisted leave travel under section 16.4.5 of the Defence Determination if all of the following apply.\n- a. The member travelled to an in-country location between 26 February 2021 and the commencement of this Schedule.\n- b. The decision maker is satisfied that the travel met the purpose of assisted leave travel under 16.4.5 of the Defence Determination.\n- 3. For the purpose of subsection 2, if the member travelled by private vehicle, section 16.4.15 of the Defence Determination applies.\n- 4. For the purpose of paragraph 2.a, the member must provide documentary evidence that they and their dependants visited the in-country location.\n- 5. The number of trips a member is eligible for under subsection 16.4.7.1 of the Defence Determination is reduced by 1 for each benefit received under this Schedule.\n","sortOrder":0}],"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Determination broadens permitted assisted‑leave offset destinations (adding 'in‑country' and other overseas locations) and adds a new discretionary approval process by the CDF (16.4.11). It reduces future trip entitlements per offset (16.4.7.1 insertion and Schedule 2(5)), establishes valuation and private‑vehicle rules (16.4.11(5); 16.4.11(4)(c)), imposes documentary proof and time limits (16.4.12), and applies transitional coverage to travel from 26 February 2021 (Schedule 2(2)–(5))."},"complexity_factors":["New discretionary power for the CDF to permit offsets to alternative destinations (16.4.11(1)–(2)) requiring judgment about purpose, facilities and travel restrictions.","Differing legal effects depending on destination: offsets to another country (16.4.11(3)) versus in‑country during the COVID‑19 pandemic (16.4.11(4)).","Interplay with entitlement counting: each offset reduces the number of eligible trips (insertion to 16.4.7.1 and Schedule 2(5)).","Valuation rule that treats the regional/relief leave centre as a location outside Australia for calculation purposes (16.4.11(5)).","Evidence and timeliness requirement: documentary proof must be provided within two weeks of return (16.4.12(2)–(3)).","Cross‑references to multiple provisions (16.4.5, 16.4.7.1, 16.4.11, 16.4.12, 16.4.15) increase interpretive and administrative burden.","Transitional application to travel from a specified past date (Schedule 2(2)–(5)) creates retrospective eligibility and counting impacts.","Specific rules for private vehicle travel (16.4.11(4)(c); Schedule 2(3)) add hybrid cash/allowance calculations and recordkeeping requirements."],"plain_english_summary":"This instrument changes assisted leave travel for ADF members posted overseas. It lets the Chief of the Defence Force (CDF) permit members to offset an assisted‑leave entitlement to travel either elsewhere overseas or to an in‑country destination, reduces a member’s future trip entitlement by one per offset, sets how travel value is calculated, and requires documentary proof of travel.\n\nIt also applies private‑vehicle valuation rules and transitional arrangements for travel between 26 February 2021 and commencement, and vests key discretion with the CDF."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of managing assisted leave travel entitlements for ADF members. The amendments expand the flexibility of how these entitlements can be used (adding in-country travel during COVID-19), but this is a targeted, temporary adaptation rather than scope creep. The core purpose — regulating conditions of service for Defence personnel — remains unchanged."},"complexity_factors":["Multiple cross-references to Defence Determination 2016/19 (the parent instrument)","Conditional logic requiring CDF satisfaction and specific criteria (subsection 16.4.11.2)","Nested conditions for COVID-19 pandemic period vs regular offsetting (subsections 16.4.11.3 vs 16.4.11.4)","Transitional provisions with retrospective application to 26 February 2021","Defined terms introduced both in Schedule 1 and Schedule 2 ('in-country', 'Decision maker')","Offset mechanism reduces future entitlements (subsection 16.4.7.1A and Schedule 2 item 2.5)"],"plain_english_summary":"This amends assisted leave travel rules so ADF members posted overseas can, during the COVID-19 period, use their travel entitlement for travel within their posting country (in‑country) instead of travelling to Australia or specified overseas locations. Use of this offset requires authorised approval, must be evidenced within two weeks of return, and deducts one future assisted‑travel entitlement; the change is retrospective to 26 February 2021.\n\nIt affects ADF members posted overseas (and dependants) and Defence administrators processing claims."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-assisted-leave-travel-determination-2021-no-8","history":"/api/acts/defence-determination-conditions-of-service-amendment-assisted-leave-travel-determination-2021-no-8/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-assisted-leave-travel-determination-2021-no-8/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-assisted-leave-travel-determination-2021-no-8/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-assisted-leave-travel-determination-2021-no-8/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-assisted-leave-travel-determination-2021-no-8/documents"}}