{"id":"F2023L00079","name":"Defence Determination, Conditions of service Amendment Determination 2023 (No. 03)","slug":"defence-determination-conditions-of-service-amendment-determination-2023-no-03","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441709,"registerId":"F2023L00079-fast-fetch-1775956948989","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 2023 (No. 03)","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\n ![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence Determination, Conditions of service Amendment Determination 2023 (No. 3)\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 31 January 2023\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—Overseas conditions – China amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Rent ceilings amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 3—Transitional provisions\n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 03).\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. The day after the instrument is registered.\n- 2. Schedules 1 and 3 2 February 2023\n- 3. Schedule 2 2 March 2023\n\n\n \n\n Note: this table relates only to the provisions of this instrument as originally made.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—Overseas conditions – China amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Subsection 12.3.14A.1 |\n| --- | --- |\n|  | Repeal the subsection, substitute: |\n| 1. | Subject to subsection 2, the post index for a post index location in an item in column A of the table in Annex 12.3.B is the standard figure provided to Defence by a data service provider for a location specified in column B of the same item. |\n| 2 | Chapter 14A Part 4 |\n|  | Repeal the Part, substitute: |\n\n\n### Part 4: Effect of travel restrictions in China\n\n##### 14A.4.1    Purpose\n\n|  | The purpose of this Part is to provide temporary accommodation for members and their dependants who are either required to isolate before returning to China or are unable to return to China due to ongoing restrictions and lockdowns there. |\n| --- | --- |\n\n\n##### 14A.4.2    Person this Part applies to\n\n- This Part applies to a person who meets all of the following.\n- a. They are in Australia on temporary absence from a posting in China.\n- b. They are undertaking travel provided under Chapter 14, 15 or 16 of this Determination.\n- c. Any of the following applies.\n- i. They are required to isolate before returning to China.\n- ii. They are unable to return to China due to China’s ongoing restrictions and lockdowns.\n\n\n##### 14A.4.3    Accommodation, meals and incidentals in Australia\n\n- The person is eligible for the daily cost of accommodation, meals and incidentals provided under Annex 9.5.A or 13.3.A for any of the following.\n- a. An isolation period.\n- b. A period they are unable to return to China due to the ongoing restrictions and lockdowns in China.\n\n\n##### 14A.4.4    Application of this Part\n\n|  | This Part ceases to apply on 30 June 2023. |\n| --- | --- |\n| 3 | After section 15.6.15 |\n|  | Insert: |\n\n\n##### 15.6.15A    Additional education support costs – China\n\n- 1. This section applies to a member who is posted to China.\n- 2. The member is eligible to be reimbursed the costs of up to 10 days for their child to attend any of the following at the posting location.\n- a. An organised program.\n- b. Online or face-to-face tutoring support.\n- 3. The member may be reimbursed the lesser of the following.\n- a. The cost of the program or tutoring support.\n- b. The amount calculated using the following formula.\n- Start formula Reimbursement amount equals AUD135 times open bracket start fraction post index over 100 close bracket end formula\n- 4. This section ceases to apply on 31 August 2023.\n- 4 Subsection 16.4.11A.4\n- Omit “31 December 2022”, substitute “30 June 2023”.\n\n\nSchedule 2—Rent ceilings amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 7.E (Part 1.1) |\n| --- | --- |\n|  | Repeal the entry for “Ballarat, Delecombe and Alfredton”, substitute: |\n\n\n \n\n| Ballarat, Delecombe and Alfredton | 830 | 876 | 906 |  |  |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 2 | Annex 7.E (Part 1.2) |\n| --- | --- |\n|  | Repeal the entry for “Ballarat, Delecombe and Alfredton”, substitute: |\n\n\n \n\n| Ballarat, Delecombe and Alfredton | 747 | 788 | 815 |  |  |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 3 | Annex 7.E (Part 2.1) |\n| --- | --- |\n|  | Repeal the entry for “Ballarat, Delecombe and Alfredton”, substitute: |\n\n\n \n\n| Ballarat, Delecombe and Alfredton | 747 | 788 | 815 |  |  |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 4 | Annex 7.E (Part 2.2) |\n| --- | --- |\n|  | Repeal the entry for “Ballarat, Delecombe and Alfredton”, substitute: |\n\n\n \n\n| Ballarat, Delecombe and Alfredton | 374 | 394 | 408 |  |  |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 5 | Annex 7.E (Part 2.3) |\n| --- | --- |\n|  | Repeal the entry for “Ballarat, Delecombe and Alfredton”, substitute: |\n\n\n \n\n| Ballarat, Delecombe and Alfredton | 277 | 292 | 302 |  |  |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 6 | Annex 7.E (Part 2.4) |\n| --- | --- |\n|  | Repeal the entry for “Ballarat, Delecombe and Alfredton”, substitute: |\n\n\n \n\n| Ballarat, Delecombe and Alfredton | 228 | 241 | 249 |  |  |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\nSchedule 3—Transitional provisions\n\n##### 1.    Definitions\n\n| 1. | In this schedule, Defence Determination means the Defence Determination 2016/19, Conditions of service. |\n| --- | --- |\n\n\n##### 2.    Travel between 15 December 2022 and 2 February 2023\n\n- 1. This clause applies to a person who met all of the following between 15 December 2022 and the commencement of Schedule 1 of this Determination.\n- a. They were in Australia on temporary absence from a posting in China.\n- b. They were undertaking travel provided under Chapter 14, 15 or 16 of the Defence Determination.\n- c. Any of the following applied.\n- i. They were required to isolate before returning to China.\n- ii. They were unable to return to China due to China’s ongoing restrictions and lockdowns.\n- 2. The person is eligible for benefits provided under Chapter 14A Part 4 of the Defence Determination had the changes made by Schedule 1 of this Determination applied at the time.\n\n\n##### 3.    Out of pocket costs incurred\n\n- 1. This clause applies to a person who has incurred a cost for accommodation, meals or incidentals between December 15 2022 and the commencement of Schedule 1 of this Determination that they would otherwise have been eligible for under Chapter 14A Part 4 of the Defence Determination had the changes made by Schedule 1 of this Determination applied at the time.\n- 2. The person is eligible for reimbursement of the costs incurred up to what they would have been eligible for had the changes made by Schedule 1 of this Determination applied at the time.\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This amendment remains tightly scoped to its original purpose — updating Defence conditions of service. The China-related provisions address a specific, time-limited operational disruption, while the Ballarat rent adjustments reflect routine indexation. There is no scope creep beyond the Defence conditions of service framework."},"complexity_factors":["Multiple schedules with different commencement dates (2 February 2023 vs 2 March 2023)","Retrospective application with specific date ranges (15 December 2022 to commencement dates)","Formula-based calculation for education reimbursement (AUD $135 × post index/100)","Cross-references to existing Defence Determination 2016/19 chapters and annexes","Sunset clauses with specific expiry dates (30 June 2023, 31 August 2023)","Conditional eligibility requiring multiple criteria (location, travel chapter, specific circumstances)","Tabular data replacement for rent ceilings (6 separate table entries for one location)"],"plain_english_summary":"This Defence determination updates pay and allowances for Australian Defence members affected by China’s COVID restrictions and local rental pressures. It reimburses accommodation, meals and extra child-education costs for personnel who were prevented from returning to China, raises rent ceilings for Defence renters in Ballarat/Delacombe/Alfredton, and allows retrospective claims for eligible costs. It ensures families aren’t out-of-pocket from pandemic travel disruption and that housing support matches rising local rents."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The amendment temporarily broadens the scope of the Defence Determination 2016/19 to cover members on temporary absence from postings in China who must isolate or are unable to return due to restrictions, adds a short‑term child education/tutoring reimbursement, revises local rent ceilings for specified Ballarat areas, and applies these changes retroactively to 15 December 2022. Key time limits: Chapter 14A Part 4 ceases 30 June 2023 and the education support provision ceases 31 August 2023."},"complexity_factors":["Amends and cross‑references the principal Defence Determination 2016/19, requiring users to read both instruments together.","Multiple staggered commencement dates and explicit expiry dates (Schedules 1 & 3 commence 2 Feb 2023; Schedule 2 commences 2 Mar 2023; Part 4 ceases 30 Jun 2023; education support ceases 31 Aug 2023).","Retroactive application to travel from 15 December 2022 (Schedule 3), creating retrospective eligibility and reimbursement processes.","Several numeric rent‑ceiling table replacements across Annex 7.E (affects housing rent caps for Ballarat, Delecombe and Alfredton).","Change to post index sourcing: post index set to the standard figure provided by a specified 'data service provider' (subsection 12.3.14A.1), introducing reliance on an external data feed.","New reimbursement formula for education support (AUD135 × post index/100) with a 'lesser of cost or formula' cap (section 15.6.15A), increasing calculation complexity.","Benefits reference existing annex rates (Annex 9.5.A or 13.3.A) and multiple chapters (14, 15, 16), so administration requires cross‑checking annex schedules and chapters for eligibility and amounts."],"plain_english_summary":"This instrument amends the Defence Conditions of Service to give short‑term financial support to ADF members posted to China who are in Australia and either must isolate before returning or cannot return because of Chinese lockdowns. It authorises daily accommodation, meals and incidentals (at annex rates), a limited reimbursement for up to ten days of child education/tutoring (capped by a formula), and updates local rent ceilings for parts of Ballarat. The measures apply retroactively to 15 December 2022 and are explicitly time‑limited."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-03","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-03/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-03/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-03/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-03/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-03/documents"}}