{"id":"F2020L01306","name":"Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22)","slug":"defence-determination-conditions-of-service-amendment-cdf-recognised-dependants-determination-2020-n","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440632,"registerId":"F2020L01306-fast-fetch-1775956198795","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22)","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 (CDF recognised dependants) Determination 2020 (No. 22)\n\nI, JENNIFER LOUISE STATTON, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 13 October 2020\n\nJ L STATTON\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—CDF recognised dependants amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Savings provisions\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22).\n\n2  Commencement\n\nThis instrument commences on 15 October 2020.\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Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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—CDF recognised dependants amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Subsection 1.3.85.5 (Dependants recognised by CDF)\n- Omit the subsection, substitute:\n- 5. A person may be recognised as a dependant of a member if the CDF is satisfied that all of the following apply.\n- a. The person would be a dependant of the member if they normally lived with the member.\n- b. The member and the person are not able to normally live together due to service requirements only.\n- 5A. A person may be recognised as a dependant of a member if all of the following are met.\n- a. The person would be a dependant of the member if they normally lived with the member.\n- b. The member and the person are not able to normally live together due to one of the following.\n- i. Court orders relating to children.\n- ii. Court orders relating to the safety and welfare of a person.\n- iii. Compelling reasons.\n- c. The CDF is satisfied that it is reasonable in the circumstances to recognise the person as a dependant of the member.\n- 2 Subsection 1.3.95.3 (Member with dependants)\n- Omit the subsection.\n- 3 Paragraph 7.6.29.1.d (Members with dependants (unaccompanied) eligibility in two locations)\n- After the paragraph, insert:\n- e. All of the following apply.\n- i. The member’s dependant was recognised by the CDF as a dependant under subsection 1.3.85.5A.\n- ii. The member and the dependant have not normally lived together since the dependant was recognised under subsection 1.3.85.5A.\n- 4 Paragraph 7.8.6.5.d (Member not eligible)\n- After the paragraph, insert:\n- e. All of the following apply.\n- i. The member’s dependant was recognised by the CDF as a dependant under subsection 1.3.85.5A.\n- ii. The member and the dependant have not normally lived together since the dependant was recognised under subsection 1.3.85.5A.\n- 5 Paragraph 8.3.5.a (Members who may not be categorised as a member with dependants (unaccompanied)), exception\n- Omit “for Service reasons\".\n- 6 Paragraph 8.3.5.c (Members who may not be categorised as a member with dependants (unaccompanied))\n- Omit the paragraph.\n- 7 Subsection 8.3.6.4 (Member who may be categorised as a member with dependants (unaccompanied))\n- After the subsection, insert:\n- 4A. Subject to subsection 5, a member is a member with dependants (unaccompanied) if they meet all of the following.\n- a. The member’s dependant was recognised as a dependant under one of the following.\n- i. Subsection 1.3.85.5.\n- ii. Subsection 1.3.85.5A.\n- b. The member does not normally live with the dependant.\n- 8 Subsection 8.3.6.5 (Member who may be categorised as a member with dependants (unaccompanied))\n- Omit the subsection, substitute:\n- 5. If a member’s dependant is another member, the members are categorised as follows.\n- a. If one of the members lives with all the members’ dependants, the member not living with a dependant is categorised as a member with dependants (unaccompanied).\n- b. If neither member is living with a dependant, or both members are living with dependants, either of the follow applies.\n- i. If the members elect, the member elected to be member with dependants (unaccompanied) is categorised as member with dependants (unaccompanied).\n- ii. If the members do not elect, the senior member is categorised as member with dependants (unaccompanied).\n\n\nSchedule 2—Savings provisions\n\n##### 1  Member with dependants\n\n- A member who was a member with dependants before the commencement of this determination will continue to hold that categorisation until the member’s circumstances change in a manner that would result in either of the following.\n- a. The member’s categorisation changing.\n- b. The member being required to apply for categorisation.\n\n\n##### 2  Member with dependants (unaccompanied)\n\n- A member who was a member with dependants (unaccompanied) before the commencement of this determination will continue to hold that categorisation until the member’s circumstances change in a manner that would result in either of the following.\n- a. The member’s categorisation changing.\n- b. The member being required to apply for categorisation.\n\n\n \n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: defining who qualifies as a dependant for ADF conditions of service. The amendments expand the categories of recognised dependants but do not extend into unrelated policy areas. The scope has grown slightly to cover court-ordered separations and safety concerns, but this is a logical extension of the existing dependant recognition framework rather than mission creep."},"complexity_factors":["Amends existing Defence Determination 2016/19 rather than standing alone — requires cross-referencing to understand full effect","Introduces new subsection numbering (1.3.85.5A) that sits alongside existing provisions, creating parallel pathways","Multiple conditional tests: 'all of the following apply' structures with nested criteria (court orders OR compelling reasons PLUS reasonableness test)","Savings provisions preserve existing categorisations, creating dual regimes (pre- and post-amendment) temporarily","Cross-references between chapters (1.3, 7.6, 7.8, 8.3) for dependant definition, eligibility, and categorisation","8 discrete amendment items with varied operations (omit, substitute, insert, omit phrase)"],"plain_english_summary":"This Determination broadens who the ADF can recognise as a \"dependant,\" allowing the Chief of the Defence Force to treat people who do not live with a member as dependants where living apart is due to court orders or other compelling reasons and recognition is reasonable. \n\nIt lets affected members be classified as \"with dependants (unaccompanied),\" restoring access to housing, travel and other family-related conditions of service for those separated by legal or safety constraints."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument broadens the circumstances in which the CDF may recognise someone as a dependant beyond inability to live together for service reasons to include court orders, safety/welfare orders and \"compelling reasons\" (subsection 1.3.85.5A). It explicitly links that recognition to categorisation as a member with dependants (unaccompanied) (subsection 8.3.6.4) and alters member–member rules for that categorisation (subsection 8.3.6.5). It also preserves existing categorisations until a member’s circumstances change (Schedule 2)."},"complexity_factors":["Adds a discretionary, fact-specific test requiring the CDF to be \"satisfied\" that criteria are met (new subsections 1.3.85.5 and 1.3.85.5A).","Introduces non-exhaustive 'compelling reasons' ground, which creates interpretative leeway and potential inconsistency (subsection 1.3.85.5A.b.iii).","Multiple cross-references to existing categorisation and eligibility rules (amendments to 7.6.29.1.d, 7.8.6.5.d, 8.3.6.4, 8.3.6.5) increase transactional complexity for administrators and members.","Specific rules for situations where a dependant is another member add procedural choices (members may elect) and tie-breakers (seniority) that require record-keeping and potential disputes (subsection 8.3.6.5).","Savings provisions preserve prior categorizations until a qualifying change, creating transitional state that administrators must track (Schedule 2).","Effects are highly fact-dependent (living arrangements, court orders, safety considerations), increasing case-by-case assessments and compliance burden on members seeking recognition."],"plain_english_summary":"This instrument lets the Chief of the Defence Force (CDF) recognise a person as a member’s dependant even if they do not normally live together because of service requirements, court orders, safety/welfare orders, or other compelling reasons, subject to a reasonableness test. It also changes how a member is classified as 'with dependants (unaccompanied)', including rules where dependants are other members, and preserves existing categorizations until circumstances change. The change shifts decision-making discretion to the CDF and alters who falls into dependant-related categories."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-cdf-recognised-dependants-determination-2020-n","history":"/api/acts/defence-determination-conditions-of-service-amendment-cdf-recognised-dependants-determination-2020-n/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-cdf-recognised-dependants-determination-2020-n/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-cdf-recognised-dependants-determination-2020-n/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-cdf-recognised-dependants-determination-2020-n/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-cdf-recognised-dependants-determination-2020-n/documents"}}