{"id":"F2024L00101","name":"Defence Determination, Conditions of service Amendment Determination 2024 (No. 1)","slug":"defence-determination-conditions-of-service-amendment-determination-2024-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442261,"registerId":"F2024L00101-fast-fetch-1775957312845","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 2024 (No. 1)","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 2024 (No. 1)\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 24 January 2024\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—Domestic 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 2024 (No. 1).\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whole of this Instrument. 1 February 2024\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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—Domestic amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 1.3.1 |\n| --- | --- |\n| | Add: |\n| | Hardship location has the same meaning given by section 12.3.1. |\n| 2 | Paragraph 1.3.10.d |\n| | Omit “resident”, substitute “residence”. |\n| 3 | Subsection 1.3.35.2 |\n| | Omit “subparagraph 1.3.35.1.a.ii”, substitute “this section”. |\n| 4 | After Annex 3.2.B Part 1 item 13 |\n| | Add: |\n\n\n \n\n| 13A. | Pay grade 7 | Airborne Electronics Analyst – Competency Progression Grade 3 – Tier A | 18 January 2024 | 17 January 2029 |\n| --- | --- | --- | --- | --- |\n| 13B. | Pay Grade 7 | Airborne Electronics Analyst – Competency Progression Grade 4 – Tier A | 18 January 2024 | 17 January 2029 |\n\n\n \n\n| 5 | After Annex 3.2.B Part 2 item 38 |\n| --- | --- |\n| | Add: |\n\n\n \n\n| 38A. | Pay Grade 7 | Airborne Electronics Analyst – Competency Progression Grade 3 | 18 January 2024 | 17 January 2029 |\n| --- | --- | --- | --- | --- |\n| 38B. | Pay Grade 7 | Airborne Electronics Analyst – Competency Progression Grade 4 | 18 January 2024 | 17 January 2029 |\n\n\n \n\n- 6 Section 3.4.2 (Definition of Agreed period of service)\n- Omit “31 December 2023”, substitute “31 March 2024”.\n- 7 Paragraph 3.4.10.2.c\n- Repeal the paragraph, substitute:\n- c. If paragraph a. or b. occur between 1 July 2023 and 29 February 2024 — 31 March 2024.\n- 8 Subsection 4.4.9.1\n- Omit “The annual rate”, substitute “Subject to subsection 2, the annual rate”.\n- 9 Subsection 4.4.9.2\n- Repeal the subsection, substitute:\n- 2. A member who lives out and must live in for Service reasons is eligible for the rate of ADF district allowance that applies to a member who lives out for the following periods.\n- a. The period they live in, up to 30 days.\n- b. Any further part of the period they live in while any of their resident family remain at the remote location.\n- 10 Subsection 4.8.17.2\n- Omit “In deeming it reasonable, the CDF must consider all of these criteria”; substitute “For the purpose of subsection 1, the CDF must consider the following”.\n- 11 Section 5.6.24 (table item 3)\n- Omit “(see section 5.6.26)”, insert “under section 5.6.26”.\n- 12 Section 5.6.24 (table item 4)\n- Omit “(see section 5.6.26)”, insert “under section 5.6.26”.\n- 13 Section 5.6.24 (table item 5)\n- Omit “(see section 5.6.27)”, insert “under section 5.6.27”.\n- 14 Section 6.1.5\n- Omit “in these cases”, substitute “if any of the following apply”.\n- 15 Subsection 6.5.46.4 (table item 1, column A)\n- Omit “table items 2 do”, substitute “table item 2 does”.\n- 16 Subsection 7.2.5.1\n- Omit “A home”, substitute “Subject to section 7.2.9, a home”.\n- 17 Subparagraph 7.2.5.1A.b.ii\n- Repeal the subparagraph, substitute:\n- ii. They are of the same gender.\n- iii. They have an age difference of 4 years or less.\n- iv. They are in Year 6 or less at school.\n- 18 Subparagraph 7.2.5.1A.c.i\n- Omit “include”, substitute “included”.\n- 19 Section 7.2.9\n- Omit “A home that the definition of a suitable own home applies to is taken not to be suitable in any of the following cases”, substitute “A home is not a suitable own home if any of the following apply.”\n- 20 Paragraph 7.3.3.c\n- Repeal the paragraph.\n- 21 Paragraph 7.3.3.d\n- Repeal the paragraph.\n- 22 Section 7.3.11\n- Repeal the section, substitute:\n\n\n##### 7.3.11 Member this Division does not apply to\n\n- This Division does not apply to a member who meets any of the following.\n- a. They have received one of the following.\n- i. HPAS on or after 1 July 2000.\n- ii. HPSEA for a first home on or before 30 June 2000.\n- b. They are on any of the following.\n- i. A transition location (general) agreement.\n- ii. A transition location (medical) agreement.\n- 23 Subsection 7.3.16.1\n- Omit “This purpose of this Division is to provide assistances”, substitute “This Division provides assistance”.\n- 24 At the end of section 7.3.21 (heading)\n- Add “‒ purchase”.\n- 25 Section 7.3.21\n- After “a home” (wherever occurring), insert “or land”.\n- 26 Subsection 7.3.21.1\n- Repeal the subsection, substitute:\n- 1. A member is not eligible for HPSEA for the purchase of a home or land if any of the following apply.\n- a. They have received notice that their continuous full-time service will cease within 12 months.\n- b. They have applied to cease continuous full-time service within 12 months.\n- c. They are on any of the following.\n- i. A transition location (general) agreement.\n- ii. A transition location (medical) agreement.\n- 27 Section 7.3.24\n- Repeal the section.\n- 28 Section 7.3.30\n- Repeal the subsection, substitute:\n\n\n##### 7.3.30 Reimbursement for sale on ceasing continuous full-time service or on a transition location agreement\n\n- 1. Subject to subsection 2, a member is eligible for the reimbursement of the costs of selling a home if any of the following apply.\n- a. All of the following apply.\n- i. The member has ceased continuous full-time service.\n- ii. The member has moved from the final housing benefit location to another location.\n- iii. An eligible person incurred costs for the sale of a home in their final housing benefit location.\n- b. All of the following apply.\n- i. The member was on a transition location (general) or transition location (medical) agreement immediately before they ceased continuous full-time service.\n- ii. An eligible person incurred costs for the sale of a home in the location that was the housing benefit location immediately before the member moved to their transition benefit location.\n- 2. To be eligible for a reimbursement under subsection 1, all of the following must be met.\n- a. The member’s last reimbursement was for the expenses of purchasing a home.\n- b. The contract for the sale of the home was signed by an eligible person between the following days.\n- i. The day that is 12 months before the day the member ceased continuous full-time service.\n- ii. The day that is 24 months after the day the member ceased continuous full-time service.\n- 3. For the purpose of paragraph 1.b.ii, transition benefit location means the housing benefit location of a member on a transition location (general) or transition location (medical) agreement.\n- Note: Section 1.6.1 applies to this section and may affect the assistance or reimbursement provided if a member and an adult who is resident family are both eligible for HPSEA for the same home sale.\n- 29 Section 7.4.24\n- Repeal the section, substitute:\n\n\n##### 7.4.24 Contribution for living-in accommodation\n\n- 1. A member must pay a contribution towards the cost of occupying living-in accommodation.\n- 2. A member who occupies living-in accommodation for more than 1 day is not required to make a contribution for the last day they occupy the living-in accommodation.Note: Additional contributions under section 7.4.30 may apply after the licence to live-in ends.\n- 3. The rate of contribution a member must pay is one of the following.\n- a. If the member is paid at a rank listed in items 1 to 4 in column A of the table in Annex 7.4.B and occupies a room with the number of beds in column B of the same item, the contribution is the rate in columns C to G of the same item that applies to the member's accommodation level.\n- b. If a member is paid at a pay grade listed in item 5 in column A of the table in Annex 7.4.B and occupies a room with the number of beds in column B, the contribution is the rate of the contribution per fortnight specified for the same item.\n- c. If a member meets one of the following and is paid at a rank in items 1 to 4 in column A of the table in Annex 7.4.B, the contribution is the amount in column E that corresponds with the number of beds in the room that the member occupies in column B of the same item.\n- i. The member is a medical officer occupying living-in accommodation during compulsory residency.\n- ii. The member is in training as a Chaplain and is occupying living-in accommodation at a seminary or theological college.\n- iii. The member is a Maritime Spiritual Wellbeing Officer occupying living-in accommodation at an educational institution during compulsory post‑graduate work experience.\n- d. If paragraphs a. to c. do not apply and the member meets one of the following, the contribution is the rate specified in columns C to E of the table in Annex 7.4.B that applies for the members rank in items 1 to 4 of column A of the table for a member holding the same rank and occupying a room with 1 bed.\n- i. A medical officer who is required to occupy living-in accommodation during compulsory residency.\n- ii. A Chaplain in training who is required to occupy living-in accommodation at a seminary or theological college\n- iii. A Maritime Spiritual Wellbeing Officer who is required to occupy living-in accommodation in at an educational institution during compulsory post‑graduate work experience.\n- If a member who chooses to occupy living-in accommodation goes on a period of leave without pay, the contribution is the rate specified in subsection 7.4.27.2 for the type of living-in accommodation they occupy.Note: Section 7.4.9 provides that a member may choose to live-in if the CDF approves based on there being accommodation available that is not required for members who are required to live in.\n- 30 Subsection 7.4.28.1\n- Repeal the subsection, substitute:\n- 1. This section applies to a member who is promoted, commissioned or reduced in rank and their rank group changes as a result.\n- 31 Subsection 7.4.30\n- Repeal the section, substitute:\n\n\n##### 7.4.30 Vacating living-in accommodation\n\n| 1. | A member ceases to be eligible to occupy living-in accommodation at the end of the day their licence to live in ends. |\n| --- | --- |\n| 2. | If any of the circumstances set out in column A of the following table apply to the member on the day they are required to vacate their living-in accommodation, they must pay the contribution set out in column B of the same item. |\n\n\n \n\n| Item | Column A
Member Circumstance | Column B
Contribution |\n| --- | --- | --- |\n| 1. | They do not vacate the accommodation when their licence to live in ends. | The rate that applies to the member under section 7.4.24 until they vacate the accommodation. |\n| 2. | They vacate the accommodation, but it was not left in its former state, excluding fair wear and tear. | Both of the following.
a. Costs of repairing non-fair wear and tear.
b. Any additional cleaning costs (excluding for fair wear and tear) required to return the room to its former state. |\n| 3. | They vacate the accommodation, but do not remove rubbish, items or possessions. | Costs of removing and cleaning required to return the accommodation to its former state, excluding for fair wear and tear. |\n| 4. | They do not return the key, even if the accommodation can be reallocated. | Costs of securing the accommodation and controlling access. |\n| 5. | The accommodation is not reallocated because they did not return the key. | Both of the following.
a. The rate applicable to the member under section 7.4.24 until the earlier of the following.
i. The date the member returns the key.
ii. The date the accommodation is secured and is available to be reallocated.
b. If the member does not return the key, the cost of replacing it. |\n\n\n \n\n| 3. | If the member does not pay the contribution under subsection 2, the costs may be recovered from the salary and allowances payable to the member. |\n| --- | --- |\n| 32 | Annex 7.4.B (table column A) |\n| | Repeal the column, substitute: |\n\n\n \n\n| Column A
Member's rank or pay grade |\n| --- |\n| They are the rank of Major or higher |\n| They are at the rank of Captain, Lieutenant, Second Lieutenant, Staff Cadet or Officer Cadet, other than a member paid salary under Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries |\n| They are at the rank of Regimental Sergeant Major of the Army, Warrant Officer Class 1, Warrant Officer Class 2, Staff Sergeant or Sergeant |\n| They are at the rank of Corporal or lower |\n| They are paid salary under Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries other than a normal entry recruit during basic recruit training |\n| They are paid as a normal entry recruit during basic recruit training |\n\n\n \n\n| 33 | Section 7.6.40 |\n| --- | --- |\n| | Repeal the section, substitute: |\n\n\n##### 7.6.40 Service residence contribution\n\n- A contribution for a Service residence includes the following costs.\n- a. Sewerage or septic system charges.\n- b. Body corporate maintenance charges for units and townhouses.\n- c. Car parking charges.\n- d. Rubbish collection.\n- 34 Paragraph 7.8.32.1.a\n- Omit “unaccompanied resident family and”, substitute “unaccompanied resident family.”.\n- 35 Paragraph 9.1.13.1.c\n- Omit “family member”, substitute “close relative”.\n- 36 Section 9.2.17\n- Repeal the section, substitute:\n\n\n##### 9.2.17 Reimbursement of personal expenditure on travel\n\n- 1. This section applies to a member eligible for travel under this Division who elects to travel at their own expense.\n- 2. The member is eligible to be reimbursed the actual travel costs of their travel up to the value of the travel based on the most direct route the member could have taken.\n- 3. If the member does not travel by the most direct route, the reimbursement is limited to the amount they would have received under subsection 2, unless the decision maker is satisfied there are exceptional circumstances for not following the most direct route.\n- 4. In this section, decision maker means any of the following.\n- a. An employee of Toll Transitions who performs the duties of any of the following.\n- i. National Relocation Administration Services Manager.\n- ii. Regional Relocation Manager.\n- iii. Relocation Administration Services Manager.\n- iv. Senior Case Manager.\n- b. Director Relocations and Housing.\n- c. Assistant Director Relocations and Housing.\n- 37 Section 9.2.27 (table)\n- Repeal the table.\n- 38 Amendments of listed provisions—examples\n- Repeal the examples in the following provisions.\n- a. Section 1.2.1.\n- b. Subsection 1.5.2.3.\n- c. Subsection 1.5.3.1.\n- d. Subsection 1.6.2.1\n- e. Subsection 1.6.3.1.\n- f. Paragraph 1.6.5.1.b.\n- g. Subsection 7.6.18.2.\n- h. Subsection 7.6.48.6.\n- i. Subsection 9.3.4.1.\n- 39 Amendments of listed provisions—see notes\n- 1. In this item, see note also includes reference to related information.\n- 2. Repeal the see notes in the following provisions.\n- a. Subsection 1.2.2.4.\n- b. Subsection 1.6.5.2.\n- c. Subsection 4.7.4.1.\n- d. Subsection 7.4.46.2 (table item 7).\n- e. Subsection 7.6.23.2.\n- f. Section 7.6.24.\n- g. Section 7.6.43.\n- h. Section 7.6.50 (wherever occurring).\n- i. Subsection 9.4.28.4.\n\n\n \n\nSchedule 2—Overseas amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 12.3.1 (definition of Data service provider)\n- Omit “means the”, substitute “means a”.\n- 2 Section 12.3.1\n- Add:\n- Hardship location grade means the grade provided annually to Defence by the data service provider for a hardship location listed in Annex 16.B column A.\n- 3 Subsection 13.3.6.3\n- Repeal the subsection, substitute:\n- 2. A member who has been given an allowance for accommodation, meals or incidentals for a period and location by a non-Commonwealth organisation is not eligible for an allowance under this Part to pay costs for the same period and location.Note: Subsection 13.3.12 provides for the topping-up of costs if another organisation pays some but not all of the travel costs that the member would be eligible for under this Part.\n- 4 Section 14.4.4\n- Omit “on 6 April 2017”, substitute “in October 2016”.\n- 5 Subsection 14.4.5.4\n- Repeal the subsection, substitute:\n- 4. A member is eligible for the fare to Australia for each of the member’s dependants who join the member’s household during the posting period.\n- 6 Paragraph 14.4.6.2.b\n- Repeal the paragraph, substitute:\n- b. For the portion of the journey within Australia — the cost limits under Chapter 9 Part 5 for travelling within Australia on posting apply.\n- 7 Subsection 14.4.8.2\n- Repeal the subsection, substitute:\n- 2. Only the following costs can be paid for travel approved under subsection 1.\n- a. Airfares at the class provided for under section 14.4.7.\n- b. Vehicle allowance payable under Chapter 9 Part 6 for any surface travel.\n- c. Costs payable under Division 3 for any rest period.\n- 8 Subsection 14.4.17.1\n- Repeal the subsection, substitute:\n- 1. The member is eligible for the travel of the member’s dependants to or from the posting location at a different time to the member if the CDF is satisfied of any of the following.\n- a. The dependant is temporarily medically unfit to travel overseas at the same time as the member.\n- b. The child's educational needs require a later departure.\n- c. A relative of the member suffers ill health and the dependant needs to remain to help the relative.\n- d. The short posting notice does not provide adequate time to make domestic arrangements before departure.\n- e. Any other circumstances that the CDF is satisfied requires the dependant to delay their departure.\n- 9 Section 15.3.8.2\n- After “rate of vehicle allowance”, insert “payable under Division 4”.\n- 10 Subsection 15.3.21.4 (formula)\n- Omit “Chapter 9 Part 6 Division 5”.\n- 11 Subsection 15.3.21.4 (formula)\n- After “index”, insert “under section 12.3.14A”.\n- 12 Section 15.4.11\n- Repeal the section, substitute:\n\n\n##### 15.4.11 Housing becomes unavailable or unfit\n\n- If a member’s accommodation becomes unavailable or unfit for occupation, the member is eligible for the following from the day the accommodation becomes unavailable or unfit.\n- a. Temporary accommodation.\n- b. Settling-in allowances listed in Chapter 14 Part 5.\n- 13 Subsection 15.8.2.2 (table item 29, column B)\n- Repeal the cell, substitute:\n\n\n \n\n| Move on Fitness Club |\n| --- |\n\n\n \n\n- 14 Annex 16.B (table heading)\n- Omit “Column 1”, substitute “Column A”.\n- 15 Annex 16.B (table heading)\n- Omit “Column 2”, substitute “Column B”.\n- 16 Annex 16.B (table heading)\n- Omit “Column 3”, substitute “Column C”.\n- 17 Annex 16.B (column 4)\n- Repeal column 4.\n- 18 Paragraph 17.7.23.1A.b\n- After “operational area”, insert “on recreation or war service leave”.\n- 19 Amendments of listed provisions\n- 1. Omit “column 1”, substitute “column A”.\n- a. Section 12.3.1 (definition of Hardship location).\n- b. Section 16.4.2 (definition of Ordinary posting period).\n- c. Subsection 16.4.7.1.\n- 2. Omit “column 3”, substitute “column C”.\n- a. Section 16.4.2 (definition of Ordinary posting period).\n- b. Subsection 16.4.10.2 (formula).\n- c. Subsection 16.4.11.3 (formula).\n- 3. Omit “column 3” (wherever occurring), substitute “column C”.\n- a. Section 16.1.2.\n- c. Subsection 16.4.7.1.\n- d. Subsection 16.4.9.2.\n- f. Section 16.4.10.\n- g. Subsection 16.4.11.3 (formula).\n- 20 Amendments of listed provisions—examples\n- 1. In this item, example also includes reference to non-example.\n- 2. Repeal the examples in the following provisions.\n- a. Section 13.3.10 (wherever occurring).\n- b. Subsection 13.3.11.2.\n- c. Subsection 13.3.15.1.\n- d. Subsection 15.3.8.2.\n- 21 Amendments of listed provisions—see notes\n- 1. In this item, see note also includes reference to see also and related information.\n- 2. Repeal the see notes in the following provisions.\n- a. Paragraph 13.3.10.2.b.\n- b. Subsection 13.3.15.2.\n- c. Section 14.4.4.\n- d. Section 14.4.5 (wherever occurring).\n- e. Subsection 15.3.8.2.\n- f. Subsection 15.3.21.4 (wherever occurring).\n- g. Subsection 15.3.26.2.\n- 22 Amendments of listed provisions\n- Repeal the following provisions.\n- a. Subsection 13.3.19.6.\n- b. Section 14.3.10.\n- c. Paragraph 14A.1.10.1.c\n\n\n \n\n \n\nSchedule 3—Transitional provisions\n\n##### 1 Definitions\n\n| | In this Schedule Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time. |\n| --- | --- |\n\n\n##### 2 Airborne Electronics Analyst salary non-reduction\n\n| 1. | This section applies to a member who was in an employment categories provided under item 4 or 5 of Schedule 1 of this Determination immediately before 18 January 2024. |\n| --- | --- |\n| 2. | The member is eligible for salary non-reduction between 18 January 2024 and the commencement of this Determination as though Schedule 1 of this Determination applied at the time. |\n\n\n##### 3 Continuation bonus\n\n| 1. | This section applies to a member if the commencement date of their agreed period of service for a continuation bonus falls between 31 December 2023 and the commencement of this Determination. |\n| --- | --- |\n| 2. | Part 4 of Chapter 3 of the Defence Determination applies to the member as though the changes made by items 6 and 7 of Schedule 1 of this Determination applied at the time. |\n\n\n##### 4 Home sale – transition location (general) and transition location (medical) agreements\n\n- 1. This clause applies to a member who meets all of the following between 1 July 2023 and the commencement of this Determination.\n- a. The member was on one of the following.\n- i. A transition location (general) agreement.\n- ii. A transition location (medical) agreement.\n- b. The member ceased continuous full-time service.\n- c. An eligible person incurred costs for the sale of a home in the location that was the member’s housing benefit location immediately before they moved to their transition benefit location.\n- 2. The member is eligible for the reimbursement of the costs for the sale of the home under Division 3 of Part 3 of Chapter 7 of the Defence Determination, had the changes made by items 20, 21 and 28 of Schedule 1 applied at the time.\n\n\n##### 5 Approved club\n\n| 1. | This clause applies to a member who was posted to Türkiye between 19 September 2023 and the commencement of this Determination. |\n| --- | --- |\n| 2. | The member is eligible for the cost of the club membership they would have been eligible for under sections 15.8.4 and 15.8.5 of the Defence Determination as though the changes made by item 13 of Schedule 2 of this Determination had been in force between 19 September 2023 and the commencement of this Determination. |\n| 3. | The benefit under subclause 2 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 19 September 2023 and the commencement of item 13 of Schedule 2 of this Determination which has not been repaid. |\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The amendments remain within the original scope of Defence Determination 2016/19, which governs ADF conditions of service. While the instrument makes substantial changes to housing, pay and overseas allowances, these are refinements and updates to existing schemes rather than expansion into new policy areas. The addition of new pay grades for specific roles and clarification of transition location benefits are evolutionary changes consistent with the instrument's original purpose."},"complexity_factors":["39 separate amendment items across 3 schedules, many with multiple sub-items","Heavy cross-referencing to Defence Determination 2016/19 (the principal instrument) which is not reproduced","Nested conditional logic in housing eligibility (e.g., section 7.3.30 with multiple 'if any of the following apply' clauses)","Transitional provisions with retrospective effect (backdating to 18 January 2024 and 1 July 2023)","Multiple defined terms and acronyms (HPSEA, HPAS, CDF, ADF, DFRT) used without explanation in the amending instrument","Tables with multiple columns and conditional rates (e.g., Annex 7.4.B references with complex rank/pay grade structures)","Amendments that repeal and substitute entire sections rather than minor textual changes","Interaction between domestic and overseas chapters requiring knowledge of both systems"],"plain_english_summary":"This instrument amends the Defence Determination 2016/19, making technical and substantive adjustments to pay, housing and overseas-posting rules that govern ADF entitlements. It creates new pay grades for some technical roles, changes housing assistance and living‑in accommodation rules, updates hardship/posting and travel references, and cleans up terminology and cross‑references.\n\nIt affects current and former ADF members—especially certain technical trades, those buying or selling homes, living in service accommodation, or posted overseas—and preserves transitional protections so members aren’t disadvantaged by timing."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument updates and clarifies operational detail, eligibility criteria and administrative processes within the existing Conditions of service Determination. It does not introduce a new policy domain or materially expand Defence's statutory powers; rather it adjusts pay listings, refines entitlement rules (housing, travel), names specific external decision makers, and inserts transitional protections for timing anomalies. In other words, the scope remains within the original purpose of regulating conditions of service, but the instrument concentrates benefits on particular job categories and tightens certain member liabilities and reimbursement limits."},"complexity_factors":["Large number of discrete amendments across multiple Parts and Chapters (over 70 amendment items across Schedules 1 and 2 plus transitional clauses).","Multiple new defined or clarified terms (e.g. Hardship location grade added to section 12.3.1).","Insertion of new pay/competency entries in Annex 3.2.B (items 13A–13B and 38A–38B) with retrospective effect provisions (Schedule 3 clause 2).","Significant substantive rewrites affecting entitlements and liabilities (major rewrites of sections 7.4.24 and 7.4.30 and section 7.3.30).","Cross‑referencing and date‑shifts (e.g. agreed period of service date changed from 31 Dec 2023 to 31 Mar 2024) creating conditional logic and transitional rules (Schedule 3 clauses 2–4).","Delegation of decision‑making to named external contractor employees (Toll Transitions) alongside Defence officers (new subsection 9.2.17.4) — increases administrative/appeals complexity.","Removal of many examples and 'see' notes (widespread editorial deletions) which reduces in‑text guidance and may shift interpretation to policy guidance or administrative practice.","Renaming and reordering of table columns in Annex 16.B and other tables — requires careful map to prior text to avoid misapplication.","Nested eligibility tests (e.g. HPSEA purchase/sale ineligibility plus transition exceptions) increase conditional clauses.","Multiple provisions enabling recovery of costs from members' salary (7.4.30.3) — legal and payroll implementation obligations."],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Updates the Defence Determination 2016/19 (Conditions of service) by making targeted amendments to definitions, pay/competency listings, allowance rules, housing assistance rules, travel and overseas posting rules, and administrative/housekeeping text. (See Schedule 1 — domestic changes; Schedule 2 — overseas changes; Schedule 3 — transitional provisions.)\n\n- Adds two new Airborne Electronics Analyst competency/pay entries to Annex 3.2.B (items 13A–13B and 38A–38B) and protects salary levels for affected members between 18 January 2024 and this instrument's commencement (Schedule 1 items 4–5; Schedule 3 clause 2).\n\n- Extends or shifts a few date‑bound rules: the definition of an \"agreed period of service\" date moves from 31 December 2023 to 31 March 2024 and related continuity/bonus timing provisions are adjusted (Schedule 1 items 6–7; Schedule 3 clause 3).\n\n- Rewrites living‑in accommodation contribution and vacating rules: clarifies who pays what contribution rates (section 7.4.24), introduces specific liability items if a member fails to vacate or leaves the room in poor condition, allows recovery from salary (section 7.4.30), and updates the Annex 7.4.B rank/pay grade table (Schedule 1 items 29–33).\n\n- Changes Home Purchase/Sale Assistance (HPSEA) eligibility and reimbursement rules: clarifies ineligibility criteria for purchase, restructures eligibility for reimbursement of sale costs when a member ceases continuous full‑time service or is on a transition location agreement, and adds transitional protections for members affected by the timing change (Schedule 1 items 22, 25–28; Schedule 3 clause 4).\n\n- Limits and specifies reimbursement for personal travel where members elect to travel at their own expense — reimbursement is capped at the cost of the most direct route unless exceptional circumstances are accepted; the instrument explicitly names Toll Transitions employees and specific Defence officials as \"decision makers\" who can approve exceptional claims (Schedule 1 items 36; new section 9.2.17).\n\n- Adjusts a range of overseas posting and allowance rules: clarifies what overseas travel costs are payable, updates hardship location/grade wording and table column names, and adds a rule that members posted overseas are eligible for temporary accommodation and settling‑in allowances if housing becomes unfit or unavailable (Schedule 2 items 2–4, 6–12, 14–17; new section 15.4.11).\n\n- Performs a wide set of editorial and housekeeping changes: replaces some words (e.g. \"resident\" -> \"residence\"), removes examples and \"see\" notes in many places, renumbers and renames columns and table headings to keep the Determination consistent (multiple items across Schedules 1 and 2).\n\n- Provides transitional clauses to treat certain events that occurred shortly before commencement as if the new rules had applied earlier (Schedule 3 clauses 2–5).\n\nWho is affected\n\n- Service members in the Australian Defence Force (ADF) generally, and specifically:\n - Airborne Electronics Analysts (new defined pay/competency items, salary non‑reduction protections) — Schedule 1 items 4–5; Schedule 3 clause 2.\n - Members who live in Defence living‑in accommodation (changed contribution rates, vacating liabilities and salary recovery) — sections 7.4.24 and 7.4.30.\n - Members seeking or using Home Purchase/Sale Entitlements (HPSEA) — sections 7.3.21, 7.3.30 and related eligibility changes.\n - Members posted overseas (changes to what travel and accommodation costs are payable, hardship location grading) — Schedule 2, notably new section 15.4.11 and definition changes in section 12.3.1.\n - Members who elect to travel at their own expense and seek reimbursement — new limits and decision‑maker list in section 9.2.17.\n - Members posted to Türkiye in the short window specified (transitional clause 5).\n\nWho pays and who decides\n\n- The Commonwealth (Defence) continues to fund allowed travel, allowances and reimbursements under the Determination, subject to the new caps, eligibility tests and recovery powers. (See sections amended across Schedules 1–2.)\n- The Chief of the Defence Force (CDF) retains explicit discretion on some overseas travel/dependency timing matters (Schedule 2 item 8: subsection 14.4.17.1) and on satisfaction of exceptional circumstances in some places.\n- Named Toll Transitions personnel and specific Defence Relocations & Housing officers are given explicit decision‑maker roles for reimbursement of self‑funded travel (section 9.2.17.4).\n- Defence can recover certain costs (e.g. vacating liabilities) from a member's salary when the member does not meet obligations (section 7.4.30.3).\n\nWhy it matters (official claim and practical tests)\n\n- The instrument is presented as technical updates to align pay/entitlement tables, tighten eligibility and clarify administrative processes. That is consistent with the types of amendments made (new pay items, date roll‑forwards, clarified eligibility, recovery mechanisms).\n\n- Costs and incentives, trade‑offs and implementation implications:\n - Concentrated benefits: specific pay/competency groups (Airborne Electronics Analysts) receive explicit protection and new pay entries (Schedule 1 items 4–5; Schedule 3 clause 2). The benefit is concentrated on those employees and does not change entitlements for broad cohorts.\n - Diffuse costs: tighter rules and explicit recovery options (living‑in vacating penalties, most‑direct‑route travel reimbursement caps) shift risk/cost exposure in small ways back to individual members, and may reduce aggregate Defence outlays for avoidable claims (sections 7.4.24–7.4.30; section 9.2.17).\n - Administrative burden: adding named external decision‑makers (Toll Transitions) and more detailed eligibility checks increases reliance on outsourced contractors and internal relocation units; Defence must update processes, train staff, and implement salary recovery mechanics (sections 9.2.17; 7.4.30.3).\n - Discretion vs rules: the instrument both narrows some reimbursement outcomes by setting caps (e.g. most direct route) and preserves discretion (CDF satisfaction, decision‑maker acceptance of exceptional circumstances). This creates a mix of predictable rules and case‑by‑case decisions (section 9.2.17.3–4; Schedule 2 item 8).\n - Private sector interface: naming Toll Transitions staff as decision makers formalises outsourcing of relocation administration; this centralises some decision authority outside Defence internal staff and may alter where appeals or queries are directed (section 9.2.17.4).\n - Compliance and behavioural effects: clearer vacating liabilities and automatic salary recovery create stronger incentives for members to return keys, leave accommodation in good order, and avoid overstaying licences (section 7.4.30). Limits on travel reimbursement encourage taking the most direct route or securing prior approval for deviations (section 9.2.17).\n\nImplementation risks and opportunity costs\n\n- Risk of operational confusion while Defence updates internal guidance, pay systems and training materials given many cross‑references changed and numerous examples/see‑notes removed (multiple Schedule 1 and 2 items).\n- Transitional provisions (Schedule 3) mitigate some timing problems but require record checks for events before commencement (clauses 2–5).\n- Opportunity cost: drafting and administrative costs for Defence to implement and for members to navigate the revised rules; potential short‑term queries and reviews of decisions made by Toll Transitions staff.\n\nNet practical effect (mechanical summary)\n\n- Mostly a set of targeted, administrative and eligibility adjustments rather than a broad policy redirection. It: (1) inserts pay/competency entries for a specific job family and protects their pay outcome around the effective date; (2) tightens living‑in accommodation rules and enforces liabilities; (3) clarifies HPSEA purchase/sale eligibility and the circumstances in which sale costs can be reimbursed; (4) restricts some travel reimbursements to most‑direct‑route costs and names specific external and internal decision makers; and (5) adjusts several overseas posting and allowance details and performs widespread housekeeping edits to the Determination.\n\nKey provisions to read for affected members: Annex 3.2.B (new pay items) and Schedule 3 clause 2 (Airborne salary protection); sections 7.4.24 and 7.4.30 (living‑in contributions and vacating); sections 7.3.21 and 7.3.30 (HPSEA purchase/sale rules); section 9.2.17 (self‑funded travel reimbursement and decision makers); section 15.4.11 (temporary accommodation when housing becomes unfit) and section 12.3.1 (hardship location grade definition).\n\n(References are to items and section numbers as amended in this instrument.)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-1","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-1/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-1/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-1/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-1/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-1/documents"}}