{"id":"F2024L01562","name":"Defence Determination, Conditions of service Amendment Determination 2024 (No. 13)","slug":"defence-determination-conditions-of-service-amendment-determination-2024-no-13","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442651,"registerId":"F2024L01562-fast-fetch-1775957616529","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. 13)","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. 13)\n\nI, BRIGADIER Kirk Lloyd, Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 2 December 2024\n\nBRIG Kirk Lloyd\n\nDirector General 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—Salary non‑reduction – Officers amendment\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Maternity and Parental leave amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 3—ADF family health program amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 4—Deployment allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 5—Transitional provisions\n\nSchedule 6—Savings provisions\n\n \n\n \n\n1 Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment Determination 2024 (No. 13).\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. The day the instrument is registered.\n- 2. Schedule 1 5 December 2024\n- 3. Schedule 2 13 February 2025\n- 4. Schedules 3 to 5 5 December 2024\n- 5. Schedule 6 13 February 2025\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\n\n\n\nSchedule 1—Salary non‑reduction – Officers amendment\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 3.2.D (at the end of the table) |\n| --- | --- |\n| | Add: |\n\n\n \n\n| 13. | Pay grade 2 | Public Relations – Under Training | 19 December 2024 | 19 December 2029 |\n| --- | --- | --- | --- | --- |\n| 14. | Pay grade 2 | Public Relations – Primary Qualification | 19 December 2024 | 19 December 2029 |\n| 15. | Pay grade 6 | Public Relations – Shore Charge | 19 December 2024 | 19 December 2029 |\n| 16. | Pay grade 8 | Public Relations – Shore Command | 19 December 2024 | 19 December 2029 |\n\n\n \n\n\n\n\nSchedule 2—Maternity and Parental leave amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Subsection 5.6.7.3\n- Omit “she”, substitute “the member”.\n- 2 Section 5.6.9\n- Repeal the section.\n- 3 Subsection 5.6.10.1\n- Omit “she believes she is”, substitute “they believe they are”.\n- 4 Paragraph 5.6.10.1.a\n- Omit “her”, substitute “their”.\n- 5 Subsection 5.6.12.2\n- Omit “she is” (wherever occurring), substitute “they are”.\n- 6 Section 5.6.14\n- Omit “14” (wherever occurring), substitute “18”.\n- 7 Subsection 5.6.14.2\n- Omit “she has not completed her”, substitute “they have not completed their”.\n- 8 Subsection 5.6.14.3\n- Omit “her” (wherever occurring), substitute “their”.\n- 9 Section 5.6.20\n- Omit “her” (wherever occurring), substitute “their”.\n- 10 Section 5.6.24\n- Omit “who is pregnant”.\n- 11 Section 5.6.24 (table heading)\n- Omit “she” (wherever occurring), substitute “the member”.\n- 12 Section 5.6.24 (table)\n- Omit “she has” (wherever occurring), substitute “they have”.\n- 13 Section 5.6.25\n- Omit “her” (wherever occurring), substitute “their”.\n- 14 Section 5.6.26\n- Omit “her” (wherever occurring), substitute “their”.\n- 15 Paragraph 5.6.26.1.a\n- Omit “she”, substitute “they”.\n- 16 Subparagraph 5.6.26.1.b.ii\n- Repeal the subparagraph, substitute:\n- ii. If they have previously been given permission under this section — on or before the day they already have permission to work to.\n- 17 Subsection 5.6.26.4\n- Omit “her”, substitute “their”.\n- 18 Subsection 5.6.26.4\n- Omit “she is”, substitute “they are”.\n- 19 Section 5.6.27\n- Omit “her” (wherever occurring), substitute “their”.\n- 20 Subsection 5.6.27\n- Omit “she” (wherever occurring), substitute “the member”.\n- 21 Paragraph 5.6.28.a\n- Omit “She has”, substitute “They have”.\n- 22 Paragraph 5.6.28.b\n- Omit “She becomes”, substitute “They become”.\n- 23 Section 5.6.29\n- Repeal the section, substitute:\n\n\n##### 5.6.29 Cancelling leave without pay\n\n- 1. If a member has not started leave without pay when they become pregnant, they may cancel their application and they are entitled to maternity leave under Division 2.\n- 2. If the member is on leave without pay when they become pregnant, cancelling the application will be of no effect and this Division will continue to apply.\n- 24 Paragraph 5.6.30.3.a\n- Omit “her” (wherever occurring), substitute “their”.\n- 25 Subparagraph 5.6.30.3.a.ii\n- Omit “14”, substitute “18”.\n- 26 Subsection 5.6.31.1\n- Omit “her” (wherever occurring), substitute “their”.\n- 27 Paragraph 5.6.31.2.b (note)\n- Omit “She”, substitute “They”.\n- 28 Subsection 5.7.4C.1\n- Omit “18”, substitute “26”.\n- 29 Subsection 5.7.5.1\n- Omit “20”, substitute “40”.\n- 30 Paragraph 5.7.5.2.b\n- Repeal the paragraph, substitute:\n- b. The minimum period of paid parental leave that may be taken at a time is one of the following.\n- i. If the leave is taken at full pay — 1 day.\n- ii. If the leave is taken at half pay — 7 consecutive days.\n- 31 Paragraph 5.7.6E.1.a\n- Omit “14”, substitute “18”.\n\n\n\n\n\nSchedule 3—ADF family health program amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 8.9.2 (definition of healthcare physician) |\n| --- | --- |\n| | Repeal the definition. |\n| 2 | Section 8.9.7C |\n| | Omit “if the eligible dependant has been referred to the service by a healthcare physician in relation to an existing condition”. |\n| 3 | Section 8.9.7D |\n| | Repeal the section, substitute: |\n\n\n##### 8.9.7D Reimbursable items – Memberships and fitness classes\n\n- For the purpose of section 8.9.6A, out of pocket expenses relating to the following services provided to an eligible dependant by a provider with a registered Australian Business Number are reimbursable.\n- a. Gym membership.\n- b. Fitness Passport membership.\n- c. Swimming pool membership.\n- d. Any of the following classes.\n- i. Aqua fitness classes.\n- ii. Personal training.\n- iii. Pilates.\n- iv. Yoga.\n- v. Zumba.\n\n\n\n\n\nSchedule 4—Deployment allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 17.7.6.1 (after table item 3) |\n| --- | --- |\n| | Insert: |\n\n\n \n\n- 3A. BEECH The land, territorial waters and superjacent airspace of the following:a. Israel and the Occupied Palestinian Territories;b. Lebanon 195.63\n- The land, territorial waters and superjacent airspace of the Sinai in Egypt. 136.00\n\n\n \n\n| 2 | Section 17.7.6.1 (after table item 4) |\n| --- | --- |\n| | Insert: |\n\n\n \n\n- 4A. HYDRANTH The waters and superjacent airspace of the following:a. Arabian Sea (bounded by 10 degrees north and 60 degrees east)b. Gulf of Oman;c. Persian Gulf. 136.00\n- The land, territorial waters and superjacent airspace of the following.a. Bahrain;b. Qatar. 106.59\n\n\n \n\n| 3 | Section 17.7.6.1 (table item 9 Column B) |\n| --- | --- |\n| | Omit the cells, substitute: |\n\n\n \n\n| The land, territorial waters and superjacent airspace of the following.
a. Iraq;
b. Syria. |\n| --- |\n| All of the following:
a. The land, territorial waters and superjacent airspace of the following.
i. Bahrain;
ii. Cyprus;
iii. Jordan;
iv. Kuwait;
v. Qatar;
vi. The United Arab Emirates;
b. The waters and superjacent airspace of the Persian Gulf;
c. The land territory of Türkiye east of Longitude 35° East. |\n\n\n\n\n\nSchedule 5—Transitional provisions\n\n##### 1 Definitions\n\n| | The following apply in the Schedule. |\n| --- | --- |\n| | Defence Determination means Defence Determination 2016/19, Conditions of service. |\n\n\n##### 2 ADF family health program\n\n| 1. | This clause applies to a member who was eligible for reimbursement under section 8.9.6A of the Defence Determination, as in force from time to time, between 1 December 2024 and the commencement of Schedule 3 of this Determination. |\n| --- | --- |\n| 2. | Schedule 3 of this Determination applies to the member as though it applied at the time. |\n\n\n##### 3 Deployment allowance – Operation BEECH\n\n| 1. | This section applies to a member who was deployed on Operation BEECH at any time between 13 October 2023 and the commencement of this Determination. |\n| --- | --- |\n| 2. | A member is eligible for the payment of deployment allowance at the rate specified in the following table for each day of duty they performed in the specified area of Israel and the Occupied Palestinian Territories or Lebanon on Operation BEECH between 13 October 2023 and the commencement of this Determination. |\n\n\n \n\n| Item | Start date | End date | Daily rate |\n| --- | --- | --- | --- |\n| 1. | 13 October 2023 | 8 November 2023 | AUD 181.22 |\n| 2. | 9 November 2023 | 6 November 2024 | AUD 188.47 |\n| 3. | 7 November 2024 | The commencement of this Determination. | AUD 195.63 |\n\n\n \n\n| 3. | A member is eligible for the payment of deployment allowance at the rate specified in the following table for each day of duty they performed in the specified area of the Sinai in Egypt on Operation BEECH between 13 October 2023 and the commencement of this Determination. |\n| --- | --- |\n\n\n \n\n| Item | Start date | End date | Daily rate |\n| --- | --- | --- | --- |\n| 1. | 13 October 2023 | 8 November 2023 | AUD 125.98 |\n| 2. | 9 November 2023 | 6 November 2024 | AUD 131.02 |\n| 3. | 7 November 2024 | The commencement of this Determination. | AUD 136.00 |\n\n\n \n\n| 4. | The benefit under this clause is reduced by any amount of deployment allowance the member has received for duty performed in the specified area under section 17.7.6 of the Defence Determination between 13 October 2023 and the commencement of this Determination. |\n| --- | --- |\n\n\n##### 4 Deployment allowance – Operation HYDRANTH\n\n| 1. | This section applies to a member who was deployed on Operation HYDRANTH at any time between 15 February 2024 and the commencement of this Determination. |\n| --- | --- |\n| 2. | A member is eligible for the payment of deployment allowance at the rate specified in the following table for each day of duty they performed in the specified area of the Persian Gulf, Gulf of Oman, Arabian Sea (bounded by 10 degrees north and 60 degrees east) on Operation HYDRANTH between 15 February 2024 and the commencement of this Determination. |\n\n\n \n\n| Item | Start date | End date | Daily rate |\n| --- | --- | --- | --- |\n| 1. | 15 February 2024 | 6 November 2024 | AUD 131.02 |\n| 2. | 7 November 2024 | The commencement of this Determination. | AUD 136.00 |\n\n\n \n\n| 3. | A member is eligible for the payment of deployment allowance at the rate specified in the following table for each day of duty they performed in the specified area of Qatar and Bahrain on Operation HYDRANTH between 15 February 2024 and the commencement of this Determination. |\n| --- | --- |\n\n\n \n\n| Item | Start date | End date | Daily rate |\n| --- | --- | --- | --- |\n| 1. | 15 February 2024 | 6 November 2024 | AUD 102.69 |\n| 2. | 7 November 2024 | The commencement of this Determination. | AUD 106.59 |\n\n\n \n\n| 4. | The benefit under this clause is reduced by any amount of deployment allowance the member has received for duty performed in the specified area under section 17.7.6 of the Defence Determination between 15 February 2024 and the commencement of this Determination. |\n| --- | --- |\n\n\n \n\n\n\n\nSchedule 6—Savings provisions\n\n##### 1 Definitions\n\n| | In this Schedule, the following apply. |\n| --- | --- |\n| | Defence Determination means Defence Determination 2016/19, Conditions of service, immediately before the commencement of Schedule 2. |\n\n\n##### 2 Savings – Maternity leave and parental leave\n\n- 1. This clause applies to a member who met all of the following immediately before the commencement Schedule 2 of this Determination.\n- a. They were eligible for one of the following.\n- i. Paid maternity leave under Part 6 of Chapter 5 of the Defence Determination.\n- ii. Paid parental leave under Part 7 of Chapter 5 of the Defence Determination.\n- b. The leave under paragraph a is in relation to a child that was born, adopted, or otherwise joined the member’s household in a situation recognised under the Defence Determination, on or before 12 February 2025.\n- 2. Despite items 6, 25, 28, 29 and 31 of Schedule 2, the period of paid maternity or parental leave that applied to the member immediately before the commencement of this Determination continues to apply.\n\n\n##### 3 Savings – Parental leave at half pay\n\n| | Despite item 30 of Schedule 2, section 5.7.5 of the Defence Determination continues to apply to a member who has been approved to take leave at half pay before the commencement of the Schedule. |\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":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of updating ADF conditions of service. While it covers diverse topics (salary, parental leave, health benefits, deployment pay), these all fall within the established scope of Defence Determination 2016/19. The amendments are substantial but do not represent scope creep beyond the instrument's intended function of setting employment conditions for defence personnel."},"complexity_factors":["Multiple commencement dates across 6 schedules (2 December 2024, 5 December 2024, 13 February 2025)","Extensive cross-referencing to Defence Determination 2016/19 (the parent instrument)","Detailed transitional provisions with date-specific eligibility tests and back-payment calculations","Savings provisions that preserve old entitlements for specific cohorts based on birth/adoption dates","Geographic coordinates and precise operational area definitions for deployment allowances","31 separate amendment items in Schedule 2 alone, many requiring gender pronoun substitutions across multiple subsections"],"plain_english_summary":"This bill updates pay and conditions for ADF members: it protects certain Navy Public Relations pay grades, modernises parental leave with gender‑neutral language, increases paid maternity and parental leave and allows flexible use, and removes outdated pregnancy work restrictions. It expands the ADF Family Health Program’s reimbursable services and creates new deployment allowances (with back‑pay) for Operations BEECH and HYDRANTH, plus transitional grandfathering for existing parental‑leave arrangements."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The instrument substantively alters the scope of Conditions of service under Defence Determination 2016/19 by (a) adding pay‑grade protection entries for specific PR roles, (b) changing maternity/parental leave language and minimums (including preserving some prior entitlements via savings), (c) expanding reimbursable family health services to include gym/fitness items, and (d) redefining deployment areas and daily allowance rates with retroactive payments and offsets (see Schedules 1–6). These changes modify entitlement coverage and Defence's payment obligations."},"complexity_factors":["Multiple commencement dates and retrospective effect increase timing complexity (Commencement table, cl 2; Schedule 5 transitional provisions).","Broad subject‑matter changes across pay protection, leave, health reimbursements and deployment allowances require cross‑discipline interpretation (Schedules 1–4).","Extensive gender‑neutral drafting and substantive rule adjustments across many clauses (Schedule 2: multiple amendments to Chapter 5, e.g. 5.6.x and 5.7.x).","Repeal and substitution of definitions and eligibility conditions for the ADF family health program (Schedule 3: repeal of definition at 8.9.2; amendments to 8.9.7C and new 8.9.7D).","Deployment allowance area redefinitions and multi‑tiered daily rates with specific geographic coordinates and offsets introduce calculation and entitlement complexity (Schedule 4: amendments to s17.7.6.1; Schedule 5 cl 3–4 sets retroactive rates and offsets).","Transitional and savings provisions preserve prior entitlements for some members, requiring parallel application of old and new rules for different cohorts (Schedule 5 and Schedule 6).","Heavy reliance on cross‑references to Defence Determination 2016/19 increases interpretive burden; amendments operate by omission, substitution and table insertions across existing text (Schedules reference that Determination throughout).","Decision‑making and payment responsibility sits with Defence (instrument made under s58B of the Defence Act 1903; signed by Director General, People Policy and Employment Conditions) which creates administrative implementation and verification tasks (cl 3 and instrument header)."],"plain_english_summary":"This Determination amends Defence conditions of service: it adds pay‑grade entries for certain public relations roles, makes maternity and parental leave language and some minimums gender‑neutral, expands ADF family health reimbursements to include gym/fitness memberships and classes, and redefines deployment allowance areas and daily rates (with transitional retroactive payments). It affects ADF members and eligible dependants by changing pay, leave entitlements and reimbursement eligibility, and therefore alters payment obligations and leave planning."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-13","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-13/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-13/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-13/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-13/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-2024-no-13/documents"}}