{"id":"F2020L00528","name":"Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9)","slug":"defence-determination-conditions-of-service-amendment-covid-19-response-determination-2020-no-9","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440474,"registerId":"F2020L00528-fast-fetch-1775956080521","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9)","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 (COVID-19 response) Determination 2020 (No. 9)\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 29 April 2020\n\n \n\n \n\n \n\n \n\nF L McSPEERIN\n\nAssistant Secretary  People Policy and Employment Conditions  Defence People Group\n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\nSchedule 1—Domestics conditions amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Overseas conditions amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 3—Transitional\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9).\n\n2  Commencement\n\nThis instrument commences on the day after registration.\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Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\nSchedule 1—Domestics conditions amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Paragraph 7.9.11.1.e (Member not eligible for food allowance) |\n| --- | --- |\n|  | Omit “14”, substitute “15”. |\n| 2 | Paragraph 11.4.9.2.a (Funeral costs) |\n|  | Omit the paragraph. |\n| 3 | Section 11.4.10 (Funeral overseas) |\n|  | After the section, insert: |\n\n\n##### 11.4.10A    Memorial services after the COVID-19 pandemic\n\n- 1. In this section:\n- Beneficiary, in respect of a member, means one of the following persons.\n- a. A dependant of the member.\n- b. The member’s legal personal representative.\n- COVID-19 control measure means a measure, however described, taken to limit the spread of COVID-19 issued by the Commonwealth government or a State or Territory government.\n- Member means a deceased member or deceased former member.\n- 2. A beneficiary is eligible for financial assistance towards the costs of a memorial service of a member if all the following apply.\n- a. The member’s funeral occurs while COVID-19 control measures relating to funerals are in place.\n- b. The memorial service is to be held in Australia.\n- c. Director General Defence Community Organisation is satisfied of the following.\n- i. The memorial service is consistent with the member’s wishes.\n- ii. The memorial service is consistent with the requirements of the member’s faith, religion or culture.\n- Note: Memorial services for members on long-term postings overseas are provided for in section 15.9.3.\n- 3. The memorial service must occur between the following days.\n- a. The day COVID-19 control measures relating to funerals ends.\n- b. The day 12 months after COVID-19 control measures relating to funerals ends.\n- 4. The maximum financial assistance available is the greater of the following.\n- a. The lesser of the following.\n- i. The cost of the memorial service.\n- ii. $14,000 less the amount paid under section 11.4.9 or 15.9.3, if any.\n- b. If there are exceptional circumstances  the amount approved by the Director General Defence Community Organisation.\n- 5. The financial assistance available under this section may be paid to a service provider.\n- 4 Subsection 11.4.11.1 (Travel and accommodation)\n- Omit the subsection, substitute:\n- 1. In this section, member means a deceased member or deceased former member.\n- 1A. Subject to subsection 1B, any of the following persons are eligible for travel and two nights’ accommodation in Australia to attend the funeral or memorial service of a member.\n- a. A dependant of the member.\n- b. A person accompanying the dependant if the dependant is very young, aged, has an illness or is severely distressed.\n- c. The member’s parents.\n- 1B. Section 1A does not apply if any of the following apply.\n- a. The funeral or memorial service is to be held in the location where the person eligible for travel and accommodation under subsection 2 lives.\n- b. The funeral or memorial service is to be held overseas under one of the following.\n- i. Section 11.4.10, Funeral overseas.\n- ii. Section 15.9.3, Assistance if member dies.\n- 5 Subsection 11.4.11.2 (Travel and accommodation)\n- Omit the subsection, substitute:\n- 2. A person eligible for accommodation under subsection 1A is eligible for an additional night’s accommodation if all the following apply.\n- a. The person is attending a funeral to which section 11.4.9 applies.Note: This does not apply to memorial services.\n- b. The Director General Defence Community Organisation is satisfied that it is required due to travel requirements and the time of the funeral service.\n\n\nSchedule 2—Overseas conditions amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Paragraph 14.5.5.4 (Settling in/settling out allowance) |\n| --- | --- |\n|  | After the subsection, insert: |\n| 5. | Paragraph 4.c does not apply to a member if the member is required to isolate themselves in response to control measures, however described, to limit the spread of COVID-19 issued by a government, or government authority in the posting location overseas. |\n| 2 | Section 14A.1.6 (Excess baggage) |\n|  | After the section, insert: |\n\n\n##### 14A.1.6A    Transit accommodation and meals\n\n- 1. This section applies to a person whose evacuation flights requires them to stay overnight in a location (being the third location) that is not the location they are being evacuated from or Australia.\n- 2. Subject to subsection 3, the person is eligible for accommodation, meals and incidentals that would otherwise be payable under section 13.3.6 for the period that they are in the third location.\n- 3. The following sections apply to the calculation of benefits provided for meals and incidentals under subsection 2.\n- a. Section 13.3.9, Reduced rates for meals on day of arrival or departure.\n- b. Section 13.3.10, Reduced eligibility for incidentals.\n- 3 Section 14A.1.17 (Hardship and location allowances – member in Australia)\n- After the section, insert:\n\n\n##### 14A.1.17A    Additional recreation leave for hardship locations – member in Australia\n\n- 1. This section applies to a member eligible to receive additional recreation leave under one of the following\n- a. Part 3, Additional recreation leave – member posted before 1 July 2017.\n- b. Part 3A, Additional recreation leave – member posted on or after 1 July 2017.\n- 2. Additional recreation leave does not accrue from the day the member ceases to receive one of the following allowances.\n- a. Hardship allowance.\n- b. Location allowance.\n- 3. This section ceases to apply at the end of the member’s evacuation period.\n- 4 Section 15.9.1 (Purpose)\n- After the section, insert:\n\n\n##### 15.9.1A    Definitions\n\n- In this Part:\n- Beneficiary, in respect of a member, means one of the following persons.\n- a. A dependant of the member.\n- b. The member’s legal personal representative.\n- COVID-19 control measure means a measure, however described, taken to limit the spread of COVID-19 issued by a government, or government authority.\n- 5 Subsection 15.9.3.2 (Assistance if member dies)\n- Omit the subsection, substitute:\n- 2. A beneficiary is eligible for financial assistance for a funeral if the member dies overseas and the assistance is approved by the Director General Defence Community Organisation.Note: The funeral may be held in an overseas location or in Australia.\n- 3. The amount of financial assistance payable under subsection 2 is the lesser of the following.\n- a. The cost of the funeral.\n- b. AUD 14,000.\n- 4. A beneficiary is eligible for financial assistance for a memorial service of a member if all the following apply.\n- a. The member’s funeral occurs while a COVID-19 control measures relating to funerals are in place in the location where the funeral is to be held.\n- b. It is approved by the Director General Defence Community Organisation.\n- c. The memorial service occurs between the following days.\n- i. The day the COVID-19 control measures relating to funerals ends.\n- ii. The day 12 months after the COVID-19 control measures relating to funerals ends.\n- 5. The amount of financial assistance available under subsection 4 is the greater of the following.\n- a. The lesser of the following.\n- i. The cost of the memorial service.\n- ii. $14,000 less the amount paid under section 11.4.9 or 15.9.3, if any.\n- b. If there are exceptional circumstances  the amount approved by the Director General Defence Community Organisation.\n- 6 Paragraph 15.9.3A (Assistance if dependant dies)\n- Omit the section, substitute:\n\n\n##### 15.9.3A    Assistance if dependant dies\n\n- 1. The member is eligible for financial assistance for the reasonable costs of the following up to a total benefit of AUD 14,000 if their dependant dies overseas and the assistance is approved by the Director General Defence Community Organisation.\n- a. If the dependant is being returned to Australia, both of the following.\n- i. The preparing of the dependant’s remains.\n- ii. The returning the dependant’s remains to Australia.\n- b. A funeral in the overseas location.\n- c. Subject to subsection 2, a memorial service.\n- 2. Financial assistance may only be provided for a memorial service if all the following apply.\n- a. Their funeral occurs while a COVID-19 control measures relating to funerals in the location the funeral is to be held are in place.\n- b. The memorial service occurs after the day the COVID-19 control measures relating to funerals ends.\n- c. The memorial service does not occur after 12 months from the day the COVID-19 control measures relating to funerals ends.\n- 3. The financial assistance available under this section is to be paid to one of the following.\n- a. The member.\n- b. The member’s legal personal representative.\n\n\n \n\nSchedule 3—Transitional\n\n- Food allowance\n- 1. This section applies to a member whose food allowance was ceased under paragraph 7.9.11.1.e of Defence Determination 2016/19, Conditions of service, before the commencement of this Determination.\n- 2. The member is eligible for $14.65.\n\n\n \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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: temporary COVID-19 adjustments to Defence conditions of service. All provisions relate specifically to pandemic-related disruptions (funeral restrictions, evacuations, isolation requirements) without expanding into unrelated areas."},"complexity_factors":["Multiple schedules dealing with distinct operational contexts (domestic vs overseas)","Nested conditional logic with multiple 'if all the following apply' requirements","Cross-references to existing Defence Determination 2016/19 sections (11.4.9, 15.9.3, etc.)","Defined terms section with specific meanings for 'beneficiary', 'COVID-19 control measure', and 'member'","Mathematical calculations for benefit caps ($14,000 less amounts already paid)","Temporal limitations (12-month windows for memorial services)","Discretionary approval requirements ('satisfied', 'approved by Director General')","Substitution amendments that require reading old and new text together"],"plain_english_summary":"This Determination makes temporary COVID-19 adjustments to Defence pay and conditions affecting members and their families in Australia and overseas. It restores entitlements lost or constrained by pandemic rules — for example, up to $14,000 toward memorial services when funerals were restricted, travel/accommodation for funeral attendance, extended food allowance timing, isolation and evacuation allowances overseas, and a $14.65 transitional payment for missed food entitlements. It takes effect the day after registration."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument expands and clarifies entitlements tied to funerals, memorials and evacuation-related benefits specifically where COVID‑19 control measures affected normal arrangements. It introduces new eligibility rules, timing windows and payment caps for memorial services, modifies travel/accommodation and transit benefit rules for evacuees, and alters accrual of additional recreation leave during evacuations. It therefore broadens the Determination's scope to address pandemic‑linked disruptions and creates administrative discretion and new payment pathways."},"complexity_factors":["Multiple targeted amendments across domestic and overseas parts of Defence Determination 2016/19, requiring cross‑reference tracking (Schedules 1–2).","New defined term 'COVID‑19 control measure' ties eligibility to external government orders, creating interpretive and timing questions (11.4.10A; 15.9.1A).","Discretion concentrated in Director General Defence Community Organisation to approve eligibility and exceptional payments (11.4.10A(2)(c)(i–ii); 11.4.10A(4)(b); 15.9.3(4)(b)).","Monetary cap mechanics and interactions with existing funeral payments and section cross‑references (maximum benefit = lesser of cost or AUD 14,000; offsets under 11.4.10A(4)(a)(ii)).","Timing constraints for memorial services (must occur after control measures end and within 12 months) impose administrative proof and scheduling burdens (11.4.10A(3); 15.9.3(4)(c)).","Changes affect accrual and cessation of entitlements (additional recreation leave ceases when hardship/location allowances stop during evacuation) creating payroll/entitlement adjustments (14A.1.17A).","Authority to pay service providers directly introduces payment routing considerations (11.4.10A(5)).","Transit accommodation/meals for evacuees introduce new per‑case benefit calculations and linkage to other meal/incidentals rules (14A.1.6A(2)–(3)).","A transitional single‑payment for previously ceased food allowance introduces retrospective adjustment obligations (Schedule 3)."],"plain_english_summary":"This Determination amends the Defence Conditions of Service to add COVID‑19 specific rules for funerals, memorials, overseas evacuations and certain allowances. It creates time-limited financial assistance (caps up to AUD 14,000) for memorials when funerals were constrained by COVID‑19 controls, adjusts travel/accommodation and transit benefits for evacuees, and suspends accrual of some recreation leave during evacuation. Beneficiaries and service providers may receive payments; the Director General Defence Community Organisation has approval discretion and determines eligibility and exceptional payments."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-covid-19-response-determination-2020-no-9","history":"/api/acts/defence-determination-conditions-of-service-amendment-covid-19-response-determination-2020-no-9/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-covid-19-response-determination-2020-no-9/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-covid-19-response-determination-2020-no-9/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-covid-19-response-determination-2020-no-9/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-covid-19-response-determination-2020-no-9/documents"}}