{"id":"F2023L00136","name":"Defence Determination, Conditions of service Amendment Determination 2023 (No. 4)","slug":"defence-determination-conditions-of-service-amendment-determination-2023-no-4","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441720,"registerId":"F2023L00136-fast-fetch-1775956953210","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. 4)","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. 4)\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 21 February 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—Higher duties allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Overseas 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. 4).\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 the instrument is registered.\n- 2. Schedules 1 to 3 2 March 2023\n\n\n \n\n Note: this table relates only to the provisions of this instrument as originally made.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—Higher duties allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Paragraph 4.1.4.d (table item 5) |\n| --- | --- |\n|  | Repeal the table item. |\n\n\nSchedule 2—Overseas amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 12.3.B (table item 49) |\n| --- | --- |\n|  | Omit “TURKEY”, substitute “TÜRKIYE”. |\n| 2 | Annex 13.3.A |\n|  | Omit “Turkey” wherever occurring, substitute “Türkiye”. |\n| 3 | Paragraph 14.4.11.2A.b |\n|  | Omit “1 March 2023”, substitute “1 March 2024”. |\n| 4 | Annex 15.6.A (table item 39) |\n|  | Omit “Turkey”, substitute “Türkiye”. |\n| 5 | Subsection 15.8.2.2 (table item 29) |\n|  | Repeal the table item, substitute: |\n\n\n \n\n| 29. | Türkiye | MACFit |\n| --- | --- | --- |\n\n\n \n\n| 6 | Annex 16.B, table item 55 |\n| --- | --- |\n|  | Omit “Turkey”, substitute “Türkiye”. |\n| 7 | Subsection 17.7.6.1, table item 7 |\n|  | Omit “Turkey”, substitute “Türkiye”. |\n\n\n \n\nSchedule 3—Transitional provisions\n\n##### 1.    Definition\n\n|  | In this Schedule, Defence Determination means the Defence Determination 2016/19, Conditions of service, as in force from time to time. |\n| --- | --- |\n\n\n##### 2.    Higher duties allowance for Sub Lieutenants\n\n- 1. This clause applies to a member who meets all of the following and has been directed to perform duties at the rank of Lieutenant in the Navy.\n- a. They hold the rank of Sub Lieutenant in the Navy.\n- b. One of the following apply.\n- i. They were eligible to receive higher duties allowance immediately before 2 February 2023.\n- ii. Since the commencement of this Schedule, they have become eligible for higher duties allowance in relation to a period that commenced on or after 2 February 2023.\n- 2. The member is eligible for higher duties allowance under Chapter 4 Part 1 of the Defence Determination from 2 February 2023 until the earlier of the following, as though the changes made by Schedule 1 of this Determination applied at the time.\n- a. The last day they are eligible to receive higher duties allowance.\n- b. The commencement of this Schedule.\n\n\n##### 3  Overseas – Turkiye club membership\n\n- 1. This clause applies to a member who meets all of the following between 14 December 2022 and the commencement of this Determination.\n- a. They were posted to Türkiye.\n- b. They were eligible for the cost of club membership in Türkiye under any of the following sections of the Defence Determination.\n- i. Section 15.8.4, Benefits in the member’s location.\n- ii. Section 15.8.5, Additional club membership costs.\n- 2. The member is eligible for the cost of club membership they would have been eligible to under section 15.8.4 and 15.8.5 of the Defence Determination as though Schedule 3 item 5 of this Determination had been in force between 14 December 2022 and the commencement of this Determination.\n- 3. The benefit under subclause 1 is reduced by the amount the member received for the cost of a club membership under section 15.8.4 or 15.8.5 of the Defence Determination between 14 December 2022 and the commencement of this Determination which has not been repaid.\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. The amendments are minor administrative updates: removing one specific allowance eligibility, updating a country name to reflect diplomatic recognition, and adding transitional protections. There is no scope creep beyond the core function of maintaining Defence conditions of service."},"complexity_factors":["Short document (4 pages) with only 7 substantive amendment items across 3 schedules","Simple amendment structure: mostly straightforward text substitutions and one repeal","Limited cross-referencing — only refers back to Defence Determination 2016/19 without complex nested dependencies","Two transitional provisions with basic conditional logic (if-then structure with date ranges)","No defined terms section in this instrument itself (relies on parent determination)","Single layer of exceptions in Schedule 3 (grandfathering provisions) rather than nested exceptions"],"plain_english_summary":"This instrument makes three changes to ADF pay and conditions: it removes a higher‑duties allowance for Navy Sub Lieutenants acting as Lieutenants while protecting those already receiving it until 2 March 2023; it updates the country name \"Turkey\" to \"Türkiye\" throughout Defence rules; and it creates a transitional rule allowing members posted to Türkiye from 14 Dec 2022 to 2 Mar 2023 to claim backdated MACFit club costs. It affects junior Navy officers, ADF personnel posted to Türkiye, and pay administrators."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument narrows one specific pay entitlement by repealing a higher‑duties allowance table item for Sub‑Lieutenants (Schedule 1) while preserving eligibility for certain members temporarily (Schedule 3). It does not expand the Determination’s substantive powers; it renames a country across annexes and adjusts overseas benefit entries and timing, producing limited, targeted changes to entitlement scope and administration."},"complexity_factors":["Multiple cross‑references to the existing Defence Determination 2016/19 requiring administrators to locate and reconcile amended table items across annexes (Schedules 1–2).","Targeted repeal of a higher‑duties allowance table item (Paragraph 4.1.4.d, table item 5) while providing transitional protection for affected Sub‑Lieutenants (Schedule 1; Schedule 3 cl.2) creates retroactive/overlap administration obligations.","Widespread textual replacements of the country name 'Turkey' with 'Türkiye' across several annexes and table items (Schedule 2 items 1,2,4,6,7) requiring coordinated updates to pay/entitlement records and communications.","Change of club‑membership entitlement to 'MACFit' for Türkiye (Schedule 2 item 5) may alter which vendor or benefit category is paid and requires operational implementation.","Postponement of an operative date from 1 March 2023 to 1 March 2024 in paragraph 14.4.11.2A.b (Schedule 2 item 3) affects timing of entitlements and planning.","Repayment/offset rule for amounts already paid for club membership (Schedule 3 cl.3) imposes reconciliation and potential recovery actions on payroll/admin staff.","Instrument made under s58B of the Defence Act 1903 by an Assistant Secretary—administrative delegation centralises decision and implementation within Defence People Group but leaves operational discretion for benefit processing."],"plain_english_summary":"This instrument amends the Defence Determination on conditions of service. It removes a specified higher‑duties allowance entry for Navy Sub‑Lieutenants, updates references from “Turkey” to the country name “Türkiye” across overseas benefit annexes, changes the Türkiye club‑membership entry to “MACFit”, and postpones one effective date from 1 March 2023 to 1 March 2024. Schedules take effect 2 March 2023, with some transitional and retrospective effects. \n\nIt affects members paid higher‑duties allowances or receiving overseas Türkiye benefits. Defence People Group administers eligibility, payments and any repayment adjustments under Schedule 3."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-4","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-4/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-4/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-4/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-4/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2023-no-4/documents"}}