{"id":"F2023L01368","name":"Defence Determination, Conditions of service Amendment Determination 2023 (No. 12)","slug":"defence-determination-conditions-of-service-amendment-determination-2023-no-12","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442129,"registerId":"F2023L01368-fast-fetch-1775957222470","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. 12)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n \n\n \n\nDefence Determination, Conditions of service Amendment Determination 2023 (No. 12)\n\nI, COLONEL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 6 October 2023\n\nCOL Kirk Lloyd\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—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Transitional provision\n\nDefence Determination 2016/19, Conditions of service\n\n \n\n1 Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (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. The whole of this Instrument. 12 October 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n \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—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 3.6.A |\n| --- | --- |\n| | Omit “Chapter 1 Part 2 section 1.2.5, Forms”, substitute “Chapter 1 Part 3 section 1.3.1, definition of approved form”. |\n| 2 | Annex 3.6.A |\n| | Before “Director General Navy People” (wherever occurring), add “Chief of the Defence Force/”. |\n| 3 | Annex 3.6.A |\n| | Omit “Chapter 3 Part 5 Division 2, Bonus framework”, substitute “Chapter 3 Part 3, Bonuses”. |\n| 4 | Section 5.5.25 |\n| | Repeal the section, substitute: |\n\n\n##### 5.5.25 Eligibility for payment instead of long service leave\n\n- 1. A member, including a former member, is eligible for payment instead of long service leave if they cease continuous full‑time service and one of the following applies.\n- a. They are eligible for long service leave credits under section 5.5.8.\n- b. They have served at least 1 year of effective service and their service in the Defence Force is terminated under section 24 of the Defence Regulation for one of the following reasons.\n- i. They are medically unfit for service.\n- ii. They cannot usefully serve because of redundancy.\n- c. They have served at least 1 year of effective service and one of the following applies.\n- i. If member has not been permitted to serve beyond their retirement age — they have reached their retirement age.\n- ii. If member has been permitted to serve beyond their retirement age — they have ceased continuous full-time service.\n- d. They have served at least 1 year of effective service and receive a special benefit under Chapter 2 Part 3 Division 3.\n- 2. A member who is diagnosed with a terminal-illness before ceasing continuous full-time service is eligible for payment instead of long service leave if the CDF is satisfied that making the payment is reasonable in the circumstances.\n- 3. If a member dies while on continuous full‑time service, a member of their recognised family or legal personal representative is eligible to receive a payment instead of long service leave.\n- 5 Paragraph 6.5.6.a\n- Repeal the paragraph, substitute:\n- a. If both members are eligible for a removal to the same location under Part 5, only one member is eligible for the removal.Note: The removal is for the member and their resident family and other recognised other persons.\n- 6 Subsection 6.5.22.2 (table, column A)\n- Repeal column A of the table, substitute:\n\n\n \n\n| Column A
Criteria |\n| --- |\n| The member was provided a full removal for their resident family and recognised other persons. |\n| The member was provided a limited removal for their resident family and recognised other persons. |\n\n\n \n\n- 7 Paragraph 6.5.27.1.b\n- Repeal the paragraph, substitute:\n- b. They have unaccompanied resident family living in a family benefit location.\n- 8 Subsection 6.5.27.4\n- Repeal the subsection, substitute:\n- 4. The contribution is calculated using the following formula.\n- Start formula contribution equals A minus B end formula\n- Where:\n- A is the cost of a removal from the member’s housing benefit location to their next housing benefit location.\n- B is the cost of a removal from the member’s housing benefit location to the location specified in the member’s next posting order.\n- Note: If the outcome is less than $0, the member is not eligible to receive the amount.\n- 9 Subsection 7.4.8.1\n- Omit “The CDF may require a member”, substitute “Subject to suitable living-in accommodation being available, a member may be required by the CDF”.\n- 10 Paragraph 7.6.45.1\n- Omit “whichever is relevant of section 7.6.13.1 or 7.6.16.1”, substitute “subsection 7.6.13.1”.\n- 11 Paragraph 7.7.14.2 (table items 1 to 3)\n- Repeal the table items, substitute:\n\n\n \n\n| 1. | They live alone. | The amount that applies for their rank group in Annex 7.D Part 2 column B. |\n| --- | --- | --- |\n| 2. | They are sharing the accommodation with another member. | The amount that applies for their rank group in Annex 7.D Part 2 column C. |\n| 3. | They are sharing accommodation with their accompanied resident family or recognised other persons under section 7.7.8. | The amount that applies for their rank group in either of the following.
a. If they live in 2‑bedroom accommodation — Annex 7.D Part 1 column C.
b. If they live in 3 or more‑bedroom accommodation — Annex 7.D Part 1 column C. |\n\n\n \n\n- 12 Paragraph 7.7.22.3.a\n- Omit “column 2”, substitute “column B”.\n- 13 Subparagraph 7.8.9.1.a.iii\n- After “accommodation”, insert “in their housing benefit location”.\n- 14 Subparagraph 7.8.9.1.b.iii\n- After “accommodation”, insert “in their family benefit location”.\n- 15 Subsection 7.8.9.3A\n- Repeal the subsection.\n- 16 After subsection 7.8.9.5\n- Add:\n- 6. In this section, location means one of the following.\n- a. If the member is a flexible housing trial member — the location in column A of the table in Annex 7.E in which they live.\n- b. If the member has unaccompanied resident family and no accompanied resident family — the location in column A of the table in Annex 7.E where the member’s unaccompanied resident family lives.\n- c. If the member has had their housing benefit location extended under section 1.3.11 — the location with the lowest rent ceiling out of the following.\n- i. The location in column A of the table in Annex 7.E where the member lives.\n- ii. The location in column A of the table in Annex 7.E that would have applied to the member if they lived in their housing benefit location without the extension.\n- d. For any other member — the location in column A of the table in Annex 7.E in which the member’s primary service location is located.\n- 17 Subsection 7.8.10.3\n- Repeal the subsection, substitute:\n- 3. In this section, location, in relation to a member, means one of the following.\n- a. If the member has had their housing benefit location extended under section 1.3.11 — the location with the lowest rent ceiling out of the following.\n- i. The location in column A of the table in Annex 7.E where the member lives.\n- ii. The location in column A of the table in Annex 7.E that would have applied to the member if they lived in their housing benefit location without the extension.\n- b. For any other member — the location in column A of the table in Annex 7.E in which the member’s primary service location is located.\n- 18 Subsection 7.8.47\n- Repeal the section, substitute:\n\n\n##### 7.8.47 Rent paid before member moves in\n\n- 1. A member is eligible to be reimbursed an amount towards the rent payable for a home before they move into it if all of the following apply.\n- a. They will be eligible for rent allowance in the location of the home.\n- b. They and their resident family or recognised other persons cannot move into the home immediately for reasons related to their service or removal.\n- c. The pre-paying of rent to secure the home means Defence will save on the cost of the removal and temporary accommodation.\n- d. Rent has been paid to secure the home.\n- 2. The amount to be reimbursed is the lesser of the actual rent paid or the member’s rent ceiling for the location of the home for the following periods.\n- a. If the member’s furniture or effects are in transit or delivery is delayed for a reason not caused by the member’s own actions — 6 weeks.\n- b. In any other circumstance — 3 weeks.\n- 19 Annex 7.D Part 1 (table, headings)\n- Repeal the headings, substitute:\n\n\n \n\n| Item | Column A
Rank | Column B
2 Bedrooms
($) | Column C
3 Bedrooms or more
($) |\n| --- | --- | --- | --- |\n\n\n \n\n| 20 | Annex 7.D Part 2 (table, headings) |\n| --- | --- |\n| | Repeal the headings, substitute: |\n\n\n \n\n| Item | Column A
Rank | Column B
Living alone
($) | Column C
Sharing with 1 other person
($) | Column D
Sharing with 2 or 3 other people
($) |\n| --- | --- | --- | --- | --- |\n\n\n \n\n- 21 Subsection 8.4.22.6\n- Repeal the subsection, substitute:\n- 6. A member is not eligible to be reimbursed boarding costs if any of the following apply unless the CDF is satisfied special circumstances apply.\n- a. While the child is on school holidays.\n- b. While the member or an adult who is resident family of the member lives within the child’s location.\n- 22 Section 9.5.5\n- Repeal the section, substitute:\n\n\n##### 9.5.5 Member this Part does not apply to\n\n- This Part does not apply to any of the following.\n- a. The CDF.\n- b. The Vice Chief of the Defence Force.\n- c. A Service Chief.\n- d. A member undertaking any of the following types of travel.\n- i. Compassionate travel.\n- ii. Pre-deployment leave travel.\n- iii. Post-deployment leave travel.\n- iv. Recreation leave travel.\n- v. Remote location leave travel.\n- vi. Reunion travel.\n- 23 Subsection 15.6.26\n- Omit “school fees” (wherever occurring), substitute “tuition fees”.\n- 24 Amendments of listed provisions – exceptions\n- Repeal the exceptions in the following provisions.\n- a. Subsection 7.4.8.2.\n- b. Section 7.4.33.\n- c. Subsection 7.4.44.4.\n\n\n \n\nSchedule 2—Transitional provision\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Definitions\n- In this Schedule, Defence Determination means Defence Determination 2016/19, Conditions of Service, as in force from time to time.\n- 2 Rent ceiling for extended housing benefit location\n- 1. This section applies to a member who met one of the following between 1 July 2023 and the commencement of this Determination.\n- a. Their housing benefit location was extended under section 1.3.11 of the Defence Determination.\n- b. Their primary service location changed because they were approved one of the following.\n- i. An alternate located work agreement.\n- ii. A transition location – general agreement.\n- iii. A transition location – medical agreement.\n- 2. The member’s rent ceiling is the rent ceiling that would have applied had the changes made by items 13 to 17 of Schedule 1 of this Determination applied at the time.\n\n\n \n\n \n","sortOrder":0}],"analysis":{"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":"This is a standard amendment determination that operates within the established framework of the Defence Determination 2016/19. The changes expand certain eligibility criteria for benefits and update administrative processes, but do not fundamentally alter the scope or purpose of the conditions of service scheme. The amendments remain focused on employment conditions for ADF members as originally intended."},"complexity_factors":["24 separate amendment items across two schedules","Heavy cross-referencing to Defence Determination 2016/19 (the main conditions of service instrument)","Nested conditional logic in new section 5.5.25 (four separate eligibility pathways with sub-conditions)","Mathematical formula in section 6.5.27.4 for calculating removal contributions","Multiple defined scenarios for 'location' in new subsections 7.8.9.6 and 7.8.10.3 (four different definitions depending on member circumstances)","Transitional provision with look-back period (1 July 2023 to commencement date)","Repeal and substitution of entire sections rather than simple word replacements","References to external instruments (Annex 7.D, Annex 7.E) that are not reproduced in the amendment"],"plain_english_summary":"This bill updates pay and conditions for Australian Defence Force members, widening eligibility for paid-out long service leave to include those leaving through medical unfitness, redundancy, retirement age, terminal illness, or death, and allowing payments to estates or families. \n\nIt also revises housing, rent-advance and removal entitlements (including treatment of couples and extended-location rent ceilings) and makes administrative and terminology updates to Defence approval roles and education assistance—affecting members’ exit and living-cost arrangements."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Determination alters the scope of entitlements under Defence Determination 2016/19 by tightening and re‑specifying eligibility tests (notably s5.5.25 for payment instead of long service leave), redefining how 'location' is determined for housing/rent ceilings (new subsections in Part 7), and amending allowance tables and calculation methods (Annex 7.D and removal contribution formula at 6.5.27.4). It also narrows or excludes application of Part 9.5 (see substituted s9.5.5) for specified senior roles and travel types. Schedule 2 (s2) applies the new rent‑ceiling rule retrospectively for certain changes between 1 July 2023 and commencement."},"complexity_factors":["Multiple cross-cutting amendments across leave, removals, housing, travel and childcare regimes (see Schedule 1 generally) increase interdependence of provisions.","Section 5.5.25 — introduces multipart eligibility tests for payment instead of long service leave, including a CDF discretionary power for terminal-illness cases (para 2) and entitlements on death (para 3).","Sections 6.5.27.4 and 6.5.22.2 — change removal-contribution calculations and criteria tables, requiring numerical cost comparisons and new eligibility triggers.","Sections 7.8.47 and related — add an objective formula and conditional tests for pre-move rent reimbursement (cost caps, time limits, and savings-to-Defence test).","Annex changes (Annex 7.D Parts 1 & 2) — replace table headings and alter rate matrices used to compute allowances, so administrative systems must map rank/location to new columns.","Subsection edits to definitions of 'location' (7.8.9.5, 7.8.10.3 and new 7.8.9.6) — reallocate which table entries determine rent ceilings, affecting many members’ entitlements.","Discretion and conditionality concentrated in senior decision-makers: multiple provisions reference CDF satisfaction or requirement (e.g. 7.4.8.1, 5.5.25.2), increasing case-by-case administrative decisions.","Transitional rule (Schedule 2 s2) — retroactively fixes rent ceilings for members whose housing benefit location was extended or whose primary service location changed between 1 July 2023 and commencement, creating look-back calculations."],"plain_english_summary":"This Determination amends the Defence Conditions of Service to change eligibility and calculation rules for long service leave payments, removals, housing and rent reimbursements, certain travel and boarding allowances, and related annex tables. It affects current and former Australian Defence Force members, their resident families and associated benefit recipients by altering who can claim payments, how amounts are calculated, and by giving the Chief of the Defence Force specified discretionary powers."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-12","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-12/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-12/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-12/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-12/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-12/documents"}}