{"id":"F2022L01147","name":"Defence Determination, Conditions of service Amendment Determination 2022 (No. 12)","slug":"defence-determination-conditions-of-service-amendment-determination-2022-no-12","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441505,"registerId":"F2022L01147-fast-fetch-1775956785260","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 2022 (No. 12)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence Determination, Conditions of service Amendment Determination 2022 (No. 12)\n\nI, MICHAEL IAN McCULLOCH, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 30 August 2022\n\nMichael Ian McCulloch\n\nActing Assistant 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—Salary non-reduction provision extension amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Remote locality allowances amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 3—Adult child amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 4—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 5—Approved summer schools\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 6—Transitional provisions\n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 12).\n\n2  Commencement\n\n1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 4 and anything in this Instrument not elsewhere covered by this table. 1 September 2022\n- 2. Schedules 1 and 3 to 6 1 September 2022\n- 3. Schedule 2 10 November 2022\n\n\n \n\n Note: this table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\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—Salary non-reduction provision extension amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 3.2.B Part 2 (table item 11) |\n| --- | --- |\n|  | Omit “30 June 2022”, substitute “31 January 2024”. |\n| 2 | Annex 3.2.B Part 2 (table item 18) |\n|  | Omit “30 June 2022”, substitute “31 January 2024”. |\n| 3 | Annex 3.2.B Part 2 (table item 23) |\n|  | Omit “30 June 2022”, substitute “31 January 2024”. |\n\n\nSchedule 2—Remote locality allowances amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Subsection 4.4.9.1 (table) |\n| --- | --- |\n|  | Repeal the table, substitute: |\n\n\n \n\n- Item Column ACondition Column BLocation grade Column CRate($)\n- 1. A member who lives in. A 1,055\n- B 3,010\n- C 3,765\n- D 5,275\n- E 6,030\n- 2. A member with dependants who lives out, and item 3.a of this table does not apply. A 3,015\n- B 8,605\n- C 10,760\n- D 15,070\n- E 17,225\n- 3. Any of the following.a. A member with dependants who lives out and one or more of those dependants meet all of these conditions.i. The dependant is an ADF member or an APS employee in Defence.ii. The dependant is paid ADF district allowance or district allowance under the Defence Enterprise Agreement 2017-2020 as in force on 16 August 2017.b. A member with dependants (unaccompanied) who lives out.c. A member without dependants who lives out.d. A member of the Reserves who is undertaking Reserve service and who is required to live out. A 1,510\n- B 4,305\n- C 5,380\n- D 7,535\n- E 8,615\n\n\n \n\n| 2 | Subsection 4.4.19.2 (table) |\n| --- | --- |\n|  | Repeal the table, substitute. |\n\n\n \n\n| Item | Column A<br>Condition | Column B<br>Annual rate ($) |\n| --- | --- | --- |\n| 1. | The member has at least one dependant living at the establishment. | 3,015 |\n| 2. | Any other member. | 1,510 |\n\n\n \n\n| 3 | Section 4.4.24 |\n| --- | --- |\n|  | Omit “6,045”, substitute “6,870”. |\n| 4 | Section 4.4.31 (table) |\n|  | Repeal the table, substitute. |\n\n\n \n\n| Item | Column A<br>Paragraph | Column B<br>Annual rate ($) |\n| --- | --- | --- |\n| 1. | Paragraph 4.4.30.a | 15,075 |\n| 2. | Paragraph 4.4.30.b | 8,305 |\n\n\n \n\n| 5 | Subsection 4.4.36.2 |\n| --- | --- |\n|  | Omit “8,221”, substitute “8,305”. |\n\n\nSchedule 3—Adult child amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 7.1.14 |\n| --- | --- |\n|  | After the subsection, insert: |\n\n\n##### 7.1.14A    Adult child\n\n- 1. An adult child of a member means a person who meets all of the following.\n- a. They are between 21 years old and 25 years old.\n- b. Immediately before turning 21 years old they were a dependant of the member.\n- c. The decision maker is satisfied that the person has continued to live with the member, or an adult dependant of the member, since turning 21 years old.\n- 2. In this section, decision maker means Commanding Officer, Officer Commanding/Unit Executive (Air Force only) not below MAJ(E) in the member’s direct chain of command or supervision.\n- 2 Section 7.1.16 (table item 2)\n- Omit the table item, substitute:\n\n\n \n\n| 2. | A member with dependants or member without dependants who has an adult child, who meets all of the following. They are undergoing initial training.They are not eligible for a removal. | Where the dependants or adult children lived immediately before the member joined the ADF. |\n| --- | --- | --- |\n\n\n \n\n| 3 | Paragraph 7.1.17A.1.b |\n| --- | --- |\n|  | Omit “member and any dependants”, substitute “member, any dependants, and any adult children”. |\n| 4 | Subsection 7.1.17A.2 (table item 1) |\n|  | Omit the table item, substitute: |\n\n\n \n\n| 1. | They are one of the following.<br>A member with dependants.A member without dependants who has an adult child. | Any of the following.<br>The member’s suitable own home.A suitable Service residence.A home for which rent allowance is payable. |\n| --- | --- | --- |\n\n\n \n\n- 5 Paragraph 7.2.5.1.a\n- Repeal the paragraph, substitute:\n- a. It is owned by the member, their dependant or their adult child.\n- 6 Paragraph 7.2.5.1A.c\n- After the paragraph, insert:\n- d. For every adult child not included in paragraph a or b — 1 bedroom.\n- 7 Subsection 7.2.6.3\n- Repeal the subsection, substitute:\n- 3. A home bought using a benefit listed under subsection 1 is a suitable own home for all further postings to the location of that home, unless one of the following applies.\n- a. The total number of the member’s dependants and adult children, if any, has increased since the member last occupied the home.\n- b. The member has an acquired disability and needs to be located near rehabilitation facilities.\n- c. The member has an acquired disability that cannot be accommodated in the home.\n- 8 Subsection 7.2.7.2\n- After “dependants”, insert “and adult children”.\n- 9 Paragraph 7.2.12.a\n- Repeal the paragraph, substitute:\n- a. The home does not have the minimum number of prescribed bedrooms under subsection 7.2.5.1A.\n- 10 Subparagraph 7.2.12.d.ii\n- Omit “or their dependants”, substitute “, their dependants, or their adult children”.\n- 11 Subparagraph 7.2.12.d.iii\n- Omit “or their dependants”, substitute “, their dependants, or their adult children”.\n- 12 Subsection 7.2.18.1\n- After “dependants”, insert “and adult children”.\n- 13 Section 7.6.3 (Definition of surplus Service residence)\n- After “dependants” wherever occurring, insert “or member without dependants who has an adult child”.\n- 14 Paragraph 7.6.4.1.b\n- Omit “and their dependants.” wherever occurring, substitute “, their dependants and adult children, if any.”.\n- 15 Subsection 7.6.4.1 (see note)\n- Repeal the see note, wherever occurring.\n- 16 Subsection 7.6.4.1 (table)\n- Repeal the table.\n- 17 Subsection 7.6.4.2 (example)\n- Repeal the example.\n- 18 Subsection 7.6.7.1\n- Repeal the subsection, substitute:\n- 1. This section applies to a member who cannot accommodate all of their dependants and adult children, if any, in one Service residence.\n- 19 Subsection 7.6.7.2\n- After “dependants”, insert “and adult children”.\n- 20 Subsection 7.6.21.2 (see note)\n- Omit the see note.\n- 21 Paragraph 7.6.27.1.b\n- After “dependants”, insert “who has no adult children”.\n- 22 Section 7.6.28 (heading)\n- Omit “with dependants”.\n- 23 Subsection 7.6.28.1\n- Repeal the subsection, substitute:\n- 1. A member is eligible for a Service residence at their posting location if they meet all of the following.\n- a. They meet one of the following.\n- i. They are a member with dependants.\n- ii. They are a member without dependants who has an adult child.\n- b. They do not own a suitable home in their posting location.\n- 24 Paragraph 7.6.28.2.b\n- After “their dependants”, insert “and adult children, if any”.\n- 25 Subsection 7.6.28.3\n- After “dependants”, insert “or adult children”.\n- 26 Subsection 7.6.30.1\n- Repeal the subsection, substitute:\n- 1. A member who is eligible for rent allowance under Part 8 can choose to live in a surplus Service residence if they meet all of the following.\n- a. They are a member without dependants.\n- b. They have no adult children.\n- 27 Section 7.6.31 (heading)\n- Omit “with dependants”, substitute “who”.\n- 28 Subsection 7.6.31.1\n- Repeal the subsection, substitute:\n- 1. A member who is eligible for a three bedroom home can accept an offer of a two-bedroom Service residence if they meet one of the following.\n- a. They are a member with dependants.\n- b. They are a member without dependants who has an adult child.\n- Note: The choice must be made in writing.\n- 29 Subsection 7.6.37.1\n- Repeal the subsection, substitute:\n- 1. This section does not apply to a member without dependants who has chosen to live in a Service residence under section 7.6.30.\n- 30 Subsection 7.6.37.2\n- Repeal the subsection, substitute:\n- 2. A member who is not eligible for a Service residence may apply to Defence Housing Australia to live in a surplus Service residence.\n- 31 Subsection 7.6.39.2\n- After “dependants”, insert “and adult children”.\n- 32 Subsection 7.6.41.2 (table item 1)\n- After “a member with dependants”, insert “or a member without dependants who has an adult child”.\n- 33 Subsection 7.6.41.2 (table item 2)\n- After “approved to occupy a surplus Service residence”, insert “and has no adult children”.\n- 34 Subsection 7.6.41.2 (table item 3)\n- After “tied or assigned residence”, insert “who has no adult children”.\n- 35 Section 7.6.42\n- After “A member without dependants”, insert “who does not have an adult child and is”.\n- 36 Section 7.6.59 (heading)\n- After “dependants”, insert “or adult children”.\n- 37 Subsection 7.6.59.1\n- After “dependants”, insert “and adult children”.\n- 38 Paragraph 7.6.59.2.a\n- Omit “and their dependants”, substitute “, their dependants and adult children”.\n- 39 Paragraph 7.6.59.2.b\n- After “dependants”, insert “and adult children”.\n- 40 Subsection 7.6.59.3\n- Repeal the subsection, substitute:\n- 3. If a member’s dependant or adult child dies, and the member ceases to be eligible for a Service residence as a result, the member’s eligibility for a Service residence continues until the earlier of the following dates.\n- a. The day the member moves out of the home.\n- b. Three months after the day the requirement to house a dependant or adult child ends.\n- 41 Subsection 7.6.59.5\n- Omit “or dependants”, substitute “, their dependants or adult children, if any,”.\n- 42 Section 7.6.60\n- Repeal the section, substitute:\n\n\n##### 7.6.60    Member dies\n\n- 1. This section applies if a member dies while they, or their dependants occupy a Service residence.\n- 2. The member’s dependants or adult children may continue to live in the Service residence and pay the fortnightly contribution that applied to the member until the later of the following dates.\n- a. If they continue to live in the home — six months after the day the member died.\n- b. A day that the CDF determines is reasonable after considering all of the following.\n- i. The personal circumstances of the dependants or adult children.\n- ii. The accommodation needs of the dependants or adult children.\n- iii. The availability of other homes in the location.\n- iv. Any other factor relevant to the dependants or adult children’s continued stay in the home.\n- 43 Paragraph 7.6.64.3.a\n- After “dependants”, insert “or adult children, if any,”.\n- 44 Paragraph 7.8.3.1.a\n- After “dependant”, insert “or an adult child”.\n- 45 Subsection 7.8.5.1 (subheading above table item 1)\n- After “Member with dependants”, insert “or a member without dependants who has an adult child”.\n- 46 Subsection 7.8.5.1 (table item 2)\n- Omit “or their dependants (if any)”, substitute “, their dependants or adult children, if any”.\n- 47 Subsection 7.8.6.4\n- Omit “and their dependants”, insert “, their dependants and adult children, if any,”.\n- 48 Section 7.8.9 (heading)\n- Omit “dependants live”, substitute “living”.\n- 49 Paragraph 7.8.9.1.b\n- After the paragraph, insert:\n- c. The member is a member without dependants who has an adult child and is occupying accommodation for which rent allowance is payable.\n- 50 Subsection 7.8.10.1\n- Repeal the subsection, substitute:\n- 1. This section applies to a member who meets any of the following.\n- a. They are a member without dependants who has no adult children.\n- b. They are a member with dependants (unaccompanied).\n- 51 Paragraph 7.8.11.2.c\n- After “dependants”, insert “and adult children”.\n- 52 Paragraph 7.8.12.2.b\n- After “dependants”, insert “or adult children, if any,”.\n- 53 Paragraph 7.8.12.3.a\n- After “dependants”, insert “and adult children, if any”.\n- 54 Paragraph 7.8.16.1.b\n- After “and dependants”, insert “, dependants and adult children, if any,”.\n- 55 Paragraph 7.8.16.2.a\n- Repeal the paragraph, substitute:\n- a. For a member who meets all of the following — the day the member becomes a member without dependants.\n- i. Their categorisation changes to member without dependants.\n- ii. They have no adult children.\n- 56 Subsection 7.8.17.2 (table item 1)\n- Omit the table item, substitute:\n\n\n \n\n- 1. One of the following.\n\n1. Member with dependants\n2. Member with dependants (unaccompanied)\n3. Member without dependants who has an adult child. The member has chosen a reduced rent ceiling under subsection 7.8.9.4. Annex 7.D Part 1 column B.\n- Subsection 7.8.9.4 does not apply. Annex 7.D Part 1 column C.\n\n\n \n\n- 57 Section 7.8.18\n- After “dependants”, insert “who has no adult children”.\n- 58 Subsection 7.8.20.1\n- After the subsection, insert:\n- 1A. This section does not apply to a member without dependants who has an adult child.\n- 59 Paragraph 7.8.23.1.a\n- Repeal the paragraph, substitute:\n- a. They are subletting part of a home that they get rent allowance for and meet one of the following.\n- i. They are a member with dependants.\n- ii. They are a member without dependants who has an adult child.\n- 60 Subparagraph 7.8.23.1.b.i\n- Repeal the subparagraph, substitute:\n- i. The member is a member without dependants who has no adult children or a member with dependants (unaccompanied).\n- 61 Subsection 7.8.25.1\n- Repeal the subsection, substitute:\n- 1. This section applies to a member who meets one of the following.\n- a. They are a member without dependants who does not have an adult child.\n- b. They are a member with dependants (unaccompanied).\n- 62 Subsection 7.8.30.1 (table item 1)\n- After “a member with dependants”, insert “or a member without dependants who has an adult child”.\n- 63 Subsection 7.8.30.1 (table item 4)\n- After “a member without dependants”, insert “who has no adult children”.\n- 64 Paragraph 7.8.31.1.b\n- After “member without dependants”, insert “who has no adult children”.\n- 65 Subsection 7.8.32.2\n- After “dependants”, insert “and adult children, if any,”.\n- 66 Subsection 7.8.36.1\n- After “dependants”, insert “and adult children, if any,”.\n- 67 Subsection 7.8.37.1\n- After “dependants”, insert “or adult children,”.\n- 68 Subsection 7.8.37.2\n- Omit “If the member's dependants were living in the home, the dependants continue to get rent allowance until the latest of these dates.”, substitute “If the member’s dependant or adult child are living in the home, the dependant or adult child continues to get rent allowance until the later of the following dates”.\n- 69 Subparagraph 7.8.37.2.c.i\n- Repeal the subparagraph, substitute:\n- i. The personal circumstances of the dependants or adult children.\n- 70 Subparagraph 7.8.37.3\n- After “dependants”, insert “or adult children”.\n\n\n \n\nSchedule 4—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Paragraph 8.3.4.d\n- Repeal the paragraph.\n- 2 Subsection 8.4.14.5\n- Repeal the subsection, substitute:\n- 5. A member is eligible for the cost of compulsory tuition fees up to $32,432 a year for a child with special needs to attend a private school with access to a special program if the CDF decides it is reasonable.\n- 3 Subsection 8.4.14.5A\n- Omit “until”, substitute “under”.\n- 4 Paragraph 8.5.3.1.b\n- Repeal the paragraph, substitute:\n- b. An application for emergency support has been through one of the following.\n- i. The Defence Member and Family Helpline.\n- ii. The member's local Defence Member and Family Support office.\n- 5 After section 10.4.1\n- Insert:\n\n\n##### 10.4.1A    Member this Part applies to\n\n|  | This Part applies to any member, including a member on Reserve service. |\n| --- | --- |\n| 6 | Subsection 14.3.6.5 |\n|  | Repeal the subsection. |\n| 7 | Section 14.3.6A |\n|  | Repeal the section. |\n| 8 | Section 14A.1.21A |\n|  | Repeal the section. |\n| 9 | Section 14A.2.7 |\n|  | Repeal the section. |\n| 10 | Chapter 14A Part 3 |\n|  | Repeal the Part. |\n| 11 | Section 15.6.17B |\n|  | Repeal the section. |\n\n\n \n\nSchedule 5—Approved summer schools\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 15.6.B |\n| --- | --- |\n|  | After table item 10, insert: |\n\n\n \n\n| 10A. | Laos | Angkham Sports and Wellness Centre Swim Camp<br>Gerard’s Music and English Summer Camp<br>The Chanthavone Football Club Camp<br>Vientiane International School |\n| --- | --- | --- |\n\n\nSchedule 6—Transitional provisions\n\n##### 1.    Definitions\n\n|  | In this Schedule the following apply. |\n| --- | --- |\n|  | Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time. |\n\n\n##### 2    Geomatic Technician salary non-reduction\n\n|  | This section applies to a member who was eligible for salary non-reduction under Annex 3.2.B, Part 2 table items 11, 18 or 23 of the Defence Determination on 30 June 2022. |\n| --- | --- |\n|  | The member is eligible for salary non-reduction between 1 July 2022 and the commencement of this Determination as though Schedule 1 of this Determination applied at the time. |\n\n\n##### 3.    Loss or damage to clothing or personal effects\n\n| 1. | This section applies to a member on Reserve service between 4 August 2022 and the commencement of this Determination. |\n| --- | --- |\n| 2. | The member is eligible for a payment for loss or damage to clothing or personal effects under Chapter 10 Part 4 of the Defence Determination as though Schedule 4 of this Determination applied at the time. |\n\n\n##### 4.    Approved summer school\n\n- 1. This section applies to a member who met all of the following between 22 June 2022 and the commencement of Schedule 1 of this Determination.\n- a. They were posted to Laos.\n- b. They had a child who attended one of the following approved summer schools.\n- i. Angkham Sports and Wellness Centre Swim Camp.\n- ii. Gerard’s Music and English Summer Camp.\n- iii. The Chanthavone Football Club Camp.\n- iv. Vientiane International School.\n- 2. The member is eligible for the reimbursement of the amount they would have been eligible for under section 15.6.15 of the Defence Determination had the changes made by Schedule 5 of this Determination been in effect at the time.\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This amendment expands the scope of the Conditions of Service in two concrete ways. First, by inserting a new definition of 'adult child' (21–25 who lived with the member) and amending many housing, rent and removal rules to include adult children, it enlarges the class of persons treated similarly to dependants for entitlement purposes — a substantive scope expansion beyond simple rate updates. Second, the instrument raises and restructures remote locality allowances and introduces an explicit capped tuition reimbursement for special-needs schooling (subject to CDF discretion), which alters both the scale and the composition of assistance available under the Determination. The transitional provisions also extend retrospective coverage for narrowly defined prior periods, temporarily broadening the Determination's applied reach."},"complexity_factors":["6 Schedules with targeted but numerous amendments across the primary Determination (2016/19).","One new defined term ('adult child' at new 7.1.14A) with cross-cutting effects across ~70 textual insertions/deletions in Part 7.","Multiple table replacements and rate changes in Schedule 2 (subsections 4.4.9.1, 4.4.19.2, 4.4.31 and rate edits in 4.4.24 and 4.4.36.2).","Numerous conditional rules and exceptions added to housing and rent rules (e.g. minimum bedrooms, surplus Service residence rules, tenure and eligibility tests), producing nested conditions.","Transitional clauses with retrospective effect for distinct cohorts (Schedule 6 sections 2–4).","Two separate commencement dates (1 Sept 2022 and 10 Nov 2022) requiring staged implementation.","Several repeals of sections/parts in Chapter 14/14A and other miscellaneous deletions, increasing cross-reference checking needed.","Decision-maker discretion introduced in key places (unit-level decision maker for adult child; CDF discretion for special-needs tuition and housing extensions), increasing need for internal policy guidance and case management."],"plain_english_summary":"**What this instrument does (mechanical changes)\n\n- Extends salary \"non-reduction\" protection dates for specific Geomatic Technician items in Annex 3.2.B from 30 June 2022 to 31 January 2024 (Schedule 1).\n- Replaces and raises several remote-locality allowance tables and rates (various provisions in Schedule 2; see substituted tables for subsections 4.4.9.1, 4.4.19.2, 4.4.31, and rate changes in 4.4.24 and 4.4.36.2).\n- Adds a new defined category \"adult child\" (7.1.14A) — a person aged 21–25 who immediately before turning 21 was a dependant and who has continued to live with the member — and then updates many housing, removal, rent-allowance and service-residence rules to treat such adult children like dependants for specified purposes (large number of textual changes across Part 7 recorded in Schedule 3).\n- Miscellaneous changes including (Schedule 4): removing paragraph 8.3.4.d; setting a capped entitlement for compulsory tuition for a child with special needs (up to $32,432 pa, where the CDF decides it is reasonable) (subsection 8.4.14.5); updating emergency support application pathways; and repealing several sections/parts in Chapter 14/14A and related sections.\n- Adds four approved summer schools in Laos to the list of reimbursable programs (Schedule 5, Annex 15.6.B).\n- Provides transitional and limited retrospective coverage for: (a) members who qualified for salary non-reduction as at 30 June 2022 (Schedule 6.2); (b) certain Reserve members for loss/damage payments between 4 August 2022 and commencement (Schedule 6.3); and (c) members posted to Laos with children who attended the newly approved summer schools between 22 June 2022 and commencement (Schedule 6.4).\n\n(Commencement: Most amendments take effect 1 September 2022; Schedule 2 (remote locality allowances) commences 10 November 2022 — see Commencement table.)\n\n**Who it affects\n\n- ADF members whose pay protections (salary non-reduction) were due to expire for particular Geomatic Technician items: they get an extended protection period (Schedule 1).\n- Members posted to or living in remote/locality-graded locations: allowance amounts and eligibility conditions change (Schedule 2).\n- Members who have an \"adult child\" as defined (21–25, lived with member since 21): they become eligible for a wide range of entitlements previously tied to dependants — housing priority, rent allowance treatment, removal/relocation rules, Service residence eligibility and related rules are adjusted to include adult children in many places (Schedule 3, see new 7.1.14A and numerous cross-references).\n- Families requiring special-need schooling: a capped tuition reimbursement is now expressly available up to $32,432 pa where the CDF (Chief of the Defence Force) considers it reasonable (Schedule 4, subsection 8.4.14.5).\n- Members with children who attended certain summer schools in Laos (added in Schedule 5) are eligible for reimbursement where the attendance fell within specified dates (Schedule 6.4).\n\n**Why it matters (claimed purpose and practical effects)\n\n- Officially the changes update entitlements and rates, extend temporary pay protection, and modernise definitions to capture a cohort of older dependent children.\n- Practical effects: more members can claim housing and allowance entitlements for adult children aged 21–25 (this expands the pool of eligible household members for many parts of the Conditions of Service). Remote locality allowance increases raise cash payments for members in certain locations. The tuition cap creates an explicit maximum for private special-needs schooling reimbursement, subject to CDF approval. The salary protection extension delays any pay reductions for affected Geomatic Technicians.\n\n**Who pays and who decides\n\n- Payments and allowances are paid by Defence/Commonwealth budgets under the Conditions of Service (the instrument amends those rules). The financial cost is borne by Defence appropriation lines that fund pay, allowances, housing and family support.\n- Decision-makers explicitly named: for the \"adult child\" living requirement, the decision maker is the Commanding Officer / Officer Commanding/Unit Executive (Air Force only) not below MAJ(E) in the member's direct chain (see new 7.1.14A(2)). The CDF retains specified discretion (for example, reasonableness decisions about special-needs tuition and extensions for dependants/adult children after a member dies: see 8.4.14.5 and new 7.6.60(2)(b)).\n\n**Implementation, costs, incentives and trade‑offs\n\n- Direct fiscal cost: expanding entitlement to include adult children (21–25) increases Defence's exposure to housing, rent allowance and removal costs for a larger beneficiary set (see multiple amendments in Schedule 3 to Part 7). The rate increases in Schedule 2 also increase ongoing locality allowance expenditure.\n- Administrative/compliance burden: HR and pay sections must verify new \"adult child\" eligibility (continuous co-residence since age 21), track adult-child counts for bedroom/minimum-home rules, and update systems, templates and officer training. The provision naming a unit-level decision maker (7.1.14A(2)) centralises eligibility decisions locally, increasing casework for command-level staff.\n- Incentives and behaviour: members may change housing choices (e.g. stay in larger family homes, request Service residences, claim rent allowance) to accommodate adult children; that can alter demand for Service housing and may increase reliance on rent allowances. Where allowances rise, there is a small incentive for members to take or remain posted in higher-grade remote locations or to claim living-out arrangements if financially beneficial.\n- Discretion and consistency risk: the new definition relies on a unit-level decision maker's satisfaction about co-residence; that introduces scope for inconsistent application across units unless Defence issues clear guidance and audit controls (see 7.1.14A(2)). The CDF's discretion on reasonableness (special needs tuition and extensions after a member dies) concentrates some high-cost decisions at senior level (see 8.4.14.5 and 7.6.60(2)(b)).\n- Transitional effects: the transitional clauses extend protections and reimbursements for limited prior periods (Schedule 6). That creates a short window of retrospective entitlements to be processed through Defence systems.\n\n**Key sections to look up for detail**\n- Salary non-reduction extension: Schedule 1 (amendments to Annex 3.2.B Part 2 items 11, 18, 23).\n- Remote locality allowances: Schedule 2 (new substituted tables at subsections 4.4.9.1, 4.4.19.2, 4.4.31; rate updates at 4.4.24 and 4.4.36.2).\n- \"Adult child\" definition and cross-cutting changes: Schedule 3 (new 7.1.14A and dozens of textual insertions across Part 7 concerning housing, rent, removals and Service residence rules).\n- Special-needs tuition cap: Schedule 4, subsection 8.4.14.5.\n- Approved summer schools (Laos): Schedule 5, Annex 15.6.B (new item 10A).\n- Transitional provisions and limited retrospective application: Schedule 6 (sections 2–4).\n\n**Bottom line**\n- Mechanically the Determination (No. 12) extends an existing temporary salary protection, increases remote locality allowance rates and replaces allowance tables, formally recognises \"adult children\" (21–25) as a category eligible for many dependent-linked entitlements, sets an explicit capped tuition reimbursement for special-needs schooling (subject to CDF reasonableness), updates approved summer schools for reimbursement, and supplies transitional cover for a small group of prior cases. These changes expand entitlement scope (especially via the adult‑child inclusion) and increase administrative and fiscal exposure; they also allocate specific decision authority to unit commanders and to the CDF for high-cost discretion.\n"},"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":6,"scope_assessment":{"changed":false,"description":"This amendment remains within the established scope of Defence conditions of service. While Schedule 3 significantly expands the definition of 'family' for housing purposes, this is an evolution of existing housing policy rather than an expansion into new policy areas. The instrument does not create new chapters of entitlements but modifies existing ones."},"complexity_factors":["Extensive cross-referencing to Defence Determination 2016/19 (the parent instrument) without reproducing that text, making full understanding impossible without access to the base determination","Schedule 3 contains 70 separate amendment items, many requiring insertion of conditional phrases ('if any', 'who has no adult children') into existing provisions","Nested conditional logic in housing eligibility (e.g., 'member without dependants who has an adult child' vs 'member without dependants who has no adult children')","Multiple defined terms used but not defined in this instrument (e.g., 'dependant', 'Service residence', 'rent allowance', 'posting location')","Transitional provisions with retrospective effect (backdating entitlements to June and August 2022)","Tables with multiple columns and conditional rows requiring careful parsing (Schedule 2)","Removal of provisions without explanation of what they previously did (Schedule 4, items 6-11)"],"plain_english_summary":"This amendment updates ADF pay and conditions: it extends salary protection for certain technicians, raises remote-area allowances, recognizes 21–25-year-old “adult children” for housing and entitlement calculations, streamlines various allowance and support rules, and approves specific summer schools in Laos. \n\nIt affects members in technical trades, those posted to remote locations or Laos, families with young adult children, and Reservists claiming clothing damage — modernising entitlements to reflect costs and contemporary family arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-12","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-12/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-12/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-12/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-12/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-12/documents"}}