{"id":"F2022L00603","name":"Defence Determination, Conditions of service Amendment Determination 2022 (No. 7)","slug":"defence-determination-conditions-of-service-amendment-determination-2022-no-7","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102414,"registerId":"commonwealth-F2022L00603-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 7).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 4 and anything in this Instrument not elsewhere covered by this table.

The day after the instrument is registered.

2. Schedule 1

14 April 2022

3. Schedules 2 and 3

A day to be fixed by Assistant Secretary People Policy and Employment Conditions by notifiable instrument.

If the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.

\n```","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under section 58B of the Defence Act 1903.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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—Operation COVID-19 ASSIST allowance – amendment\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 4.12.2 |\n| --- | ------------------------------- |\n| | Repeal the section, substitute: |\n\n##### 4.12.2 Member this Part applies to\n\n```html\n

1.

This Part applies to a member, including a member of the Reserves, who meets all of the following.

a.

They are named on the operational staffing document for Operation COVID-19 ASSIST.

b.

They have been issued a Headquarters Joint Operations Command deployment order for Operation COVID-19 ASSIST.

c.

They have an operations log entry for Operation COVID-19 ASSIST in PMKeyS.

2.

For the purpose of subsection 1, member includes any of the following.

a.

A former member.

b.

A deceased member.

Note: A benefit payable to a deceased member is paid to their estate.

2
At the end of section 4.12.3

Insert:

\n```\n\n##### 4.12.4 Allowance payable from\n\n| | An allowance under this Part is payable from the day set by a notifiable instrument made by the Director Drafting and Engagement in the Department of Defence.Note: The notifiable instrument may specify different days for different classes of members. |\n| --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\nSchedule 2—Operation LILIA amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Subsection 17.7.6.1 (after table item 3) |\n| --- | ---------------------------------------- |\n| | Insert: |\n\n| 3A. | LILIA | The land, territorial waters and superjacent airspace of the Solomon Islands | 93.69 |\n| --- | ----- | ---------------------------------------------------------------------------- | ----- |\n\nSchedule 3—Transitional provisions\n\n| 1 | Operation LILIA deployment allowance |\n| --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1. | This section applies to a member who was deployed on Operation LILIA and performed duty in the specified area at any time between 25 November 2021 and the commencement of this Determination. |\n| 2. | The member is eligible for payment of deployment allowance at the rate of AUD 93.69 for each day of duty the member met the conditions set out in subsection 1. |\n| 3. | In this section specified area means the land, territorial waters and superjacent airspace of the Solomon Islands. |","sortOrder":3}],"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":3,"scope_assessment":{"changed":false,"description":"This amendment remains tightly scoped to its original purpose — adjusting specific operational allowances. It does not expand beyond the conditions of service framework established by Defence Determination 2016/19."},"complexity_factors":["Short amendment instrument with only 3 operative schedules","Minimal defined terms (relies on existing Defence Determination 2016/19 definitions)","Straightforward substitution and insertion amendments","Simple transitional provision with clear date range (25 November 2021 to commencement)","No nested exceptions or complex conditional logic","Single cross-reference to existing Defence Act 1903 authority (section 58B)"],"plain_english_summary":"This rule tweaks Defence allowances: it broadens eligibility for the COVID-19 ASSIST special allowance to explicitly include former members and deceased members (payments to estates), and lets a Defence notice set the allowance start date. It also adds the Solomon Islands deployment to Operation LILIA’s $93.69 daily deployment allowance and allows retrospective claims for service there from late Nov 2021.\n\nIt affects current and former ADF members and estates, ensuring correct pay for covered service."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument expands and clarifies who is eligible for the Operation COVID‑19 ASSIST allowance by specifying documentary criteria that include former and deceased members (Schedule 1, s4.12.2). It also adds a new deployment allowance entry and daily rate for Operation LILIA (Schedule 2) and creates a transitional entitlement to pay members for service performed from 25 November 2021 up to commencement (Schedule 3). Additionally, it vests timing discretion in named officials via notifiable instruments (Schedule 1, s4.12.4; Commencement table row 3)."},"complexity_factors":["Multiple schedules amending different Parts of the Conditions of Service (Schedules 1–3)","Eligibility linked to three discrete records/actions: operational staffing document, HQJOC deployment order, and PMKeyS operations log (Schedule 1, s4.12.2)","Payment commencement determined by separate notifiable instrument made by Director Drafting and Engagement (Schedule 1, s4.12.4)","Staged commencement powers for some provisions vested in Assistant Secretary People Policy (Commencement table, row 3) and a 12‑month automatic repeal if not commenced","Addition of a specific daily rate for Operation LILIA (Schedule 2) and transitional retroactive entitlement covering a specified past period (Schedule 3)","Interplay between administrative records, deployment orders and payable entitlements increases compliance and verification burden on units and personnel"],"plain_english_summary":"This instrument amends Defence conditions of service to specify who qualifies for certain deployment allowances and when those allowances start being payable. It narrows eligibility to members named on an operational staffing document, issued a HQJOC deployment order and with an operations log entry in PMKeyS (Schedule 1, s4.12.2), allows the Director Drafting and Engagement to set the payable start date by notifiable instrument (Schedule 1, s4.12.4), adds an Operation LILIA daily rate of AUD 93.69 and creates transitional, retroactive payments for service from 25 November 2021 (Schedules 2–3)."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-7","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-7/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-7/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-7/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-7/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2022-no-7/documents"}}