{"id":"F2021L01071","name":"Defence Determination, Conditions of service Amendment Determination 2021 (No. 15)","slug":"defence-determination-conditions-of-service-amendment-determination-2021-no-15","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440954,"registerId":"F2021L01071-fast-fetch-1775956394120","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment Determination 2021 (No. 15)","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 Determination 2021 (No. 15)\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 5 August 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—COVID-19 overseas conditions amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Transitional provisions\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 15).\n\n2  Commencement\n\nThis instrument commences on 5 August 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Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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—COVID-19 overseas conditions amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 14A.2.6 (Meal supplement allowance) |\n| --- | --- |\n|  | After the section, insert: |\n\n\n##### 14A.2.7    Quarantine costs – private travel to Australia\n\n- 1. A member is eligible for quarantine accommodation assistance for a person if all of the following apply.\n- a. The person’s travel is privately funded.\n- b. The person travels from the member’s posting location overseas to Australia.\n- c. At the time of booking the travel, the member does not have eligibility for any of the following benefits for the person travelling.\n- i. Assisted leave travel benefit under Chapter 16 Part 4.\n- ii. Reunion travel under Chapter 14 Part 6 Division 1.\n- iii. Reunion travel under Chapter 14A Part 1 Division 5.\n- v. Reunion or reverse reunion travel under Chapter 15 Part 3 Division 3.\n- vi. Travel on extension of posting or a second long-term posting overseas under Chapter 15 Part 3 Division 7.\n- d. The person must undertake a mandatory quarantine period on arrival in Australia.\n- e. They have not previously received a benefit under this section for the person travelling.Note: This applies regardless of whether the benefit was received in relation to a person travelling as a part of a family group or alone.\n- 2. Quarantine accommodation assistance is one of the following.\n- a. For a person travelling alone — AUD 1,000 per week for the mandatory quarantine period.\n- b. For a person travelling as a part of a family group — AUD 1,500 per week for the family group for the mandatory quarantine period.\n- 3. In this section person means the member or a dependant of the member who has accompanied the member on a long-term posting overseas.\n- 4. This section ceases to apply on 30 June 2022.\n- 2 Section 14A.2.6 (Meal supplement allowance)\n- After the section, insert:\n\n\n### Part 3: COVID-19 restriction benefits\n\n##### 14A.3.1    Purpose\n\n|  | This Part provides additional travel benefits to certain members and their dependants who have been on a long-term posting overseas during the COVID-19 pandemic and have been not eligible for, or unable to use, travel benefits. |\n| --- | --- |\n\n\n##### 14A.3.2    Travel restriction payment\n\n- 1. This section applies to a member who is on a long-term posting overseas that will end before 30 June 2022.\n- 2. The member is eligible for one travel restriction payment for each person if all of the following apply.\n- a. The member’s posting has not been ended early at the request of the member.\n- b. The decision maker is satisfied the person had no reasonable option to be able to use an assisted leave travel benefit under Chapter 16 Part 4 during the member’s posting.\n- 3. The rate of the travel restriction payment is one of the following amounts for each person.\n- a. If the member is posted to a location in the Pacific or South East Asia — AUD 750.\n- b. If the member is posted to a location in the North Asia, South Asia or Central Asia — AUD 1,000.\n- c. If the member is posted to a location in the Middle East, North America or Europe — AUD 1,500.\n- d. If the member is posted to a location in Central America or South America — AUD 2,000.\n- e. If the member is posted to a location in Africa — AUD 2500.\n- 4. The travel restriction payment is not payable to the member until their long-term posting overseas has ended.\n- 5. In this section, the following apply.\n- a. Decision maker means one of the following.\n- i. If the member is the senior ADF member at post, or their dependants — the Director of Attaché and Overseas Management.\n- ii. Any other member — the senior ADF member at post.\n- b. Not been able use any of the following benefits includes as for reasons as a consequence of operational reasons, COVID-19 restrictions, and the reduction in flights.Note: A requirement to quarantine in a destination or on return to the posting location does not prevent a person from being able to use a benefit.\n- c. Person means the member or their dependant who lives at the member’s posting location overseas.\n- 3 Section 15.3.39 (Additional travel on long-term posting overseas to a new overseas location)\n- Omit the, section, substitute:\n\n\n##### 15.3.39    Additional travel on back-to-back long-term posting overseas\n\n- 1. This section applies to the following.\n- a. A member on a long-term posting overseas who is posted for a second long-term posting overseas in another location.\n- b. A dependant of a member described in paragraph a.\n- 2. The member and their dependant is eligible for additional travel if all of the following apply.\n- a. The member’s second long-term posting overseas is for at least 12 months.\n- b. The member is on approved leave from the day the member leaves the first long-term posting overseas until the day the member commences duty in the second long-term posting overseas.\n- c. Subject to subsection 3, the travel is taken between the following days.\n- i. The day after the last day of the member’s first long-term posting overseas.\n- ii. The day before the first day of the member’s second long-term posting overseas.\n- 3. The decision maker can increase the period in which a member’s additional travel under subsection 2 must be taken if satisfied that it is reasonable to do so having regard to all of the following.\n- a. The reason the travel could not occur during the specified period.\n- b. The member’s and dependant’s welfare.\n- c. The member’s work commitments over the next six months.\n- d. The financial implications of the travel.\n- 4. A member’s dependant is eligible for additional travel if all of the following apply.\n- a. The member’s second long-term posting overseas is for at least 12 months.\n- b. Section 14.4.8 does not apply to the dependant’s travel.\n- c. Subject to subsection 5, the dependant’s travel is taken between the following days.\n- i. The day that is 3 months before the last day of the member’s first long-term posting overseas, but not after the member departs at the first posting location.\n- ii. The day that is 3 months after the first day of the member’s second long-term posting overseas, but not before the member arrives at the second posting location.\n- 5. The decision maker can increase the period in which a dependant’s additional travel under subsection 2 must be taken if the travel is taken during the COVID-19 pandemic and the CDF is satisfied that it is reasonable to do so having regard to all of the following.\n- a. The reason the travel could not occur during the specified period.\n- b. The member’s and dependant’s welfare.\n- c. The member’s work commitments over the next six months.\n- d. The financial implications of the travel.\n- 6. In this section, the following apply.\n- a. Additional travel means the following business class travel.\n- i. Travel from the location of the first long-term posting overseas to a place in Australia.\n- ii. Travel from Australia to the location of the second long-term posting overseas.\n- b. Decision maker means one of the following.\n- i. If the member is the senior ADF member at post, or their dependants — the Director of Attaché and Overseas Management.\n- ii. Any other member — the senior ADF member at post.\n\n\n##### 15.3.39A    Additional travel – additional benefits\n\n- A person eligible for additional travel under section 15.3.39 is eligible for the following.\n- a. Excess baggage under section 14.4.11.\n- b. For travel from Australia to the location of the second long-term posting overseas —rest periods under Chapter 14 Part 4 Division 3.\n- Note: Travel benefits under this section do not include the following.\n- a. Accommodation.\n- b. Meals and incidentals.\n- 4 Section 15.6.17A (Mandatory COVID-19 testing)\n- After the section, insert:\n\n\n##### 15.6.17B    COVID-19 – education support\n\n- 1. A member is eligible to be reimbursed the cost of 10 days of education support for a child who is a dependant if the member is eligible for any other type of education assistance under this Part for the child.\n- 2. The maximum amount of education support payable for each day is AUD 135.\n- 3. Education support includes any of the following.\n- a. Tutoring assistance.\n- b. Summer schooling.\n- 4. This section ceases to apply on 30 June 2022.\n- 5 16.4.11 (Offsetting assisted leave travel)\n- After the section, insert:\n\n\n##### 16.4.11A    In-country offset – accommodation\n\n- 1. A member who offsets their assisted leave travel to travel to a location in-country under subsection 16.4.11.1 is eligible for accommodation assistance for each day they occupy commercially provided accommodation.\n- 2. In this section, accommodation assistance means the cost of accommodation for the member up to the sum of the following amounts.\n- a. AUD 1,200 for every 7 day period.\n- b. AUD 200 for every other day.\n- 3. A member is eligible for a benefit under this section once.\n- 4. This section ceases to apply on 31 December 2021.\n\n\n \n\n \n\n \n\n \n\nSchedule 2—Transitional provisions\n\n- 1 Definitions\n- In this Schedule, Defence Determination means the Defence Determination 2016/19, Conditions of service, as in force immediately after the commencement of this Determination.\n- 2 Quarantine costs – private travel to Australia\n- 1. This section applies to a member who would have been eligible for a benefit under section 14A.2.7 of the Defence Determination between 1 July 2021 and the commencement of this Determination had it been in force at the time.\n- 2. The member is eligible for quarantine accommodation assistance under subsection 14A.2.7.2 of the Defence Determination for their mandatory quarantine period.\n- 3. A member who receives a benefit under this section in relation to a person that they would have received a benefit under section 14A.2.7 ceases to be eligible for a benefit under section 14A.2.7 of the Defence Determination for that person.\n- 3 Additional travel – additional benefits\n- 1. This section applies to a person who would have been eligible for a benefit under section 15.3.39A of the Defence Determination between 1 July 2021 and the commencement of this Determination had it been in force at the time.\n- 2. The person is eligible for excess baggage benefits under section 14.4.11 of the Defence Determination.\n- 4 COVID-19 – education support\n- 1. This section applies to a person who would have been eligible for a benefit under section 15.6.17B of the Defence Determination between 1 July 2021 and the commencement of this Determination had it been in force at the time.\n- 2. The member is eligible for the reimbursement of education support under section 15.6.17B of the Defence Determination, as though it were in force at the time.\n- 3. For each day a member receives education support under this section, the number of days the member can receive education assistance under section 15.6.17B of the Defence Determination is reduced by 1.\n- 5 In-country offset – accommodation\n- 1. This section applies to a member who would have been eligible for a benefit under section 16.4.11A of the Defence Determination between 1 July 2021 and the commencement of this Determination had it been in force at the time.\n- 2. The member is eligible for the reimbursement of the costs of accommodation for the member up to the sum of the following amounts.\n- a. AUD 1,200 for every 7 day period.\n- b. AUD 200 for every other day.\n- 3. A member who receives a benefit under this section is ceases to be eligible for a benefit under section 16.4.11A of the Defence Determination.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The amendment temporarily expands the Defence Determination’s coverage within its existing subject matter (conditions of service) by adding a set of COVID‑19 specific entitlements and temporary exceptions.  It introduces new, time‑limited monetary payments, capped daily reimbursements and additional travel benefits, plus discretionary decision‑making powers and transitional (backdated) application from 1 July 2021.  The changes broaden the range of payable benefits and create new administrative obligations for Defence (verification, discretionary approvals, and once‑only/capped payments), but remain directed at the same population (ADF members on long‑term overseas posting and their dependants) rather than creating an open‑ended new policy area."},"complexity_factors":["Adds or amends five substantive provisions (14A.2.7; Part 14A.3; 15.3.39 and new 15.3.39A; 15.6.17B; 16.4.11A)","Multiple temporal limits and expiry dates (30 June 2022 and 31 December 2021) plus transitional backdating to 1 July 2021","Tiered regional payment table (five distinct regional rates) for travel restriction payment (14A.3.2.3)","Several conditional eligibility tests with nested sub‑conditions (e.g. private funding, prior ineligibility for specific named benefits, quarantine mandatory requirement)","Cross‑references to many existing Chapters/Parts (Chapters 14, 15, 16 and multiple divisions) requiring readers to consult the base Determination","Discretionary decision‑maker roles and subjective satisfaction tests (senior ADF at post, Director of Attaché and Overseas Management, CDF) increase interpretive complexity","Single‑use or once‑only caps and per‑person/per‑family distinctions create tracking and recordkeeping burdens","Transitional provisions altering eligibility and reducing future entitlements if backdated payments are made"],"plain_english_summary":"**What this instrument changes (mechanically)\n\n- Adds temporary, COVID-19‑related support and travel entitlements into the Defence Determination (Conditions of service).  The new or amended provisions are: quarantine accommodation assistance (section 14A.2.7); a travel restriction payment (Part 3, section 14A.3.2); revisions and an add-on to additional travel for back‑to‑back long‑term postings (sections 15.3.39 and new 15.3.39A); education support for dependent children (section 15.6.17B); and an in‑country accommodation assistance when a member offsets assisted leave travel to stay in the posting country (section 16.4.11A).  Transitional clauses apply to similar events back to 1 July 2021.\n\n**Who it affects**\n\n- Australian Defence Force (ADF) members on long‑term overseas postings and their dependants who live with them at the posting location.  (Definitions and eligibility are set out in each new section — e.g. \"person\" can mean the member or a dependant at the posting location.)\n\n**What the new benefits are (headline amounts and limits)**\n\n- Quarantine accommodation assistance (14A.2.7): a one‑off entitlement where travel to Australia was privately funded and other travel benefits were not available.  Entitlement is AUD 1,000 per week for a person travelling alone or AUD 1,500 per week for a family group for the mandatory quarantine period.  This clause expires 30 June 2022.\n\n- Travel restriction payment (14A.3.2): a one‑off payment to each eligible person who could not reasonably use an assisted leave travel benefit while on a long‑term overseas posting that ends before 30 June 2022.  Rates vary by posting region: AUD 750 (Pacific/SE Asia), AUD 1,000 (North/South/Central Asia), AUD 1,500 (Middle East/North America/Europe), AUD 2,000 (Central/South America), AUD 2,500 (Africa).  Payment is made after the posting ends and requires a decision maker’s satisfaction that the person had no reasonable option to use a travel entitlement.\n\n- Additional travel on back‑to‑back long‑term postings (15.3.39 and 15.3.39A): clarifies the window in which business‑class travel between postings and to/from Australia must be taken, allows decision makers to extend travel windows (with special COVID‑19 discretion for dependants), and makes eligible the excess baggage and certain rest‑period benefits when additional travel is authorised.  Travel benefits expressly exclude accommodation and daily meals/incidental allowances.\n\n- Education support (15.6.17B): reimbursement for up to 10 days of education support for a dependant child (e.g. tutoring, summer schooling) at up to AUD 135 per day.  This clause expires 30 June 2022.\n\n- In‑country offset — accommodation (16.4.11A): where a member elects to offset assisted leave travel to stay in the posting country, the member can claim accommodation costs up to AUD 1,200 per 7‑day period and AUD 200 for each additional day.  This clause expires 31 December 2021.\n\n**Who pays and who decides**\n\n- The Commonwealth (Department of Defence) funds the benefits through the existing conditions‑of‑service framework.  Decision makers are specified in the sections: generally the senior ADF member at post or the Director of Attaché and Overseas Management for senior ADF members at post; the Chief of the Defence Force (CDF) holds specific discretion for extending dependant travel windows during the pandemic (15.3.39.5).\n\n**Eligibility tests, administrative requirements and limits**\n\n- Eligibility is conditional and documentary: entitlement often requires that travel was privately funded, that other travel entitlements were not available at booking time, that a mandatory quarantine period is required, and that the person has not already received the specified benefit.  Several measures are time‑limited and cease on specified dates.  Some benefits are payable once per person; others are one‑off lump sums or capped daily rates.\n\n**Official rationale and practical trade‑offs (stated purpose, then mechanics that create costs/incentives)**\n\n- The instrument’s stated purpose is to provide additional travel and support benefits to ADF members and dependants who were unable to use standard travel benefits during the COVID‑19 pandemic (see 14A.3.1).  Mechanically, it expands the Determination to pay specific monetary and in‑kind benefits in defined circumstances and for limited periods.\n\n- Who bears the cost: taxpayers (Department of Defence budget).  Who benefits: affected ADF members and their dependants who meet the eligibility tests.  The benefits concentrate fiscal value on a comparatively small, identifiable group (posted members and their families) while the cost is distributed across the Defence budget.\n\n- Behavioural effects and incentives: members may opt to privately fund travel when other benefits are unavailable in order to claim quarantine assistance (subject to the eligibility tests).  The in‑country accommodation assistance reduces the incentive to travel home if a member can claim accommodation costs instead.  The travel restriction payment compensates people for foregone use of assisted travel entitlements, potentially reducing pressure to alter posting decisions or to seek early return.\n\n- Administrative and verification burden: Defence must verify private funding of travel, prior entitlement ineligibility, quarantine requirement, and manage backdated claims (transitional provisions).  Decision makers hold discretion (e.g. to satisfy themselves a person had no reasonable option to use an assisted leave benefit), which creates implementation risk around consistent application and recordkeeping.\n\n**Time limits and transitional arrangements**\n\n- Most measures are expressly temporary and expire (for example, quarantine assistance and travel restriction measures run to 30 June 2022; the in‑country accommodation assistance to 31 December 2021).  Schedule 2 provides transitional (backdated) application to cases from 1 July 2021.\n\n**Net effect (summary sentence)**\n\n- The Determination temporarily supplements existing conditions of service with a set of defined, capped payments and reimbursements to help members and their dependants cope with COVID‑related travel disruption, while allocating decision‑maker discretion and imposing documentary checks and time limits (see sections 14A.2.7; 14A.3.2; 15.3.39/15.3.39A; 15.6.17B; 16.4.11A and Schedule 2)."},"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":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of updating Defence conditions of service. While it adds several new benefit categories, these are all directly related to the core function of administering ADF member entitlements during overseas postings. The COVID-19-specific provisions are temporary amendments to existing travel and education assistance frameworks rather than an expansion into new policy areas."},"complexity_factors":["Multiple sunset clauses with different expiry dates (30 June 2022 for most provisions, 31 December 2021 for in-country offset)","Extensive cross-referencing to existing Defence Determination chapters and parts (e.g., Chapter 14 Part 6 Division 1, Chapter 16 Part 4)","Nested eligibility conditions requiring multiple criteria to be satisfied simultaneously (e.g., section 14A.2.7 requires 5 separate conditions)","Variable payment rates based on geographic zones (5 different rates for travel restriction payments)","Retrospective application mechanism in Schedule 2 requiring hypothetical counterfactual analysis ('would have been eligible... had it been in force')","Defined terms with specific exclusions and inclusions (e.g., 'person' defined differently across sections, 'decision maker' varies by member rank)","Interaction between transitional provisions and primary provisions creating potential double-dipping prevention rules (e.g., section 2.3 and 5.3 of Schedule 2)"],"plain_english_summary":"This instrument amends Defence Conditions of Service to provide time‑limited COVID‑19 financial relief for ADF members on or finishing long overseas postings and their dependants — reimbursing some quarantine costs, giving one‑off payments when normal leave travel was blocked, allowing flexible travel and allowances for consecutive postings, and funding short‑term tutoring and in‑country accommodation in lieu of home leave.  \n\nMeasures are retrospective from 1 July 2021, mainly expire by mid‑2022, and aim to reduce pandemic‑related extra costs and logistical burdens on Defence families."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2021-no-15","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2021-no-15/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2021-no-15/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2021-no-15/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2021-no-15/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2021-no-15/documents"}}