{"id":"F2025L00806","name":"Defence Determination, Conditions of service Amendment Determination (No. 10) 2025","slug":"defence-determination-conditions-of-service-amendment-determination-no-10-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442878,"registerId":"F2025L00806-fast-fetch-1775957801077","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 (No. 10) 2025","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 (No. 10) 2025\n\nI, SARAH KATE MCGREGOR, Acting Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 30 June 2025\n\nSarah Kate McGregor\n\nActing Director 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 period amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Premature birth leave amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 3—Food allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 4—Rent ceiling and contributions for food – temporary accommodation allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 5—Rates and allowances amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 6—ADF family health program amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 7—Travel during a medical absence amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 8—Decision maker amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 9—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 10—Savings provisions\n\nSchedule 11—Transitional provisions\n\n \n\n \n\n1 Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment Determination (No. 10) 2025.\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 3 July 2025\n- 3. Schedule 2 11 September 2025\n- 4. Schedule 3 3 July 2025\n- 5. Schedule 4 Immediately after the commencement of Defence Determination, Conditions of service (Living–in accommodation, housing contributions and allowances, and disturbance allowances) Determination (No. 7) 2025.\n- 6. Schedules 5 to 9 3 July 2025\n- 7. Schedule 10 11 September 2025\n- 8. Schedule 11 3 July 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\nSchedule 1—Salary non-reduction period amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 3.2.B Part 2 (table items 24 and 28) |\n| --- | --- |\n| | Repeal the table items. |\n| 2 | Annex 3.2.D (table) |\n| | Repeal the table, substitute: |\n\n\n \n\n| Item | Column A
Pay Grade | Column B
Specialist employment category, level, and conditions (if any) | Column C
Start date | Column D
End date |\n| --- | --- | --- | --- | --- |\n| 1. | Pay grade 3 | Intelligence – Under Training | 1 August 2025 | 31 July 2030 |\n| 2. | Pay grade 4 | Intelligence – Tier 1 Operator Primary Qualification | 1 August 2025 | 31 July 2030 |\n| 3. | Pay grade 5 | Intelligence – Tier 1A Operator Specialist | 1 August 2025 | 31 July 2030 |\n| 4. | Pay grade 6 | Intelligence – Tier 2 Intelligence Manager | 1 August 2025 | 31 July 2030 |\n| 5. | Pay grade 7 | Intelligence – Tier 3 Senior Intelligence Officer | 1 August 2025 | 31 July 2030 |\n| 6. | – | Medical Officer ML2-5 | 29 April 2021 | 28 April 2026 |\n| 7. | – | Medical Officer ML2-6 | 29 April 2021 | 28 April 2026 |\n| 8. | – | Medical Officer ML2-7 | 29 April 2021 | 28 April 2026 |\n| 9. | Pay grade 2 | Naval Police Coxswain Officer – Primary Qualification | 1 August 2025 | 31 July 2030 |\n| 10. | Pay grade 4 | Naval Police Coxswain Officer – Director of Policing and Security — Navy | 1 August 2025 | 31 July 2030 |\n| 11. | Pay grade 6 | Naval Police Coxswain Officer – Commanding Officer Defence Police Training Centre | 1 August 2025 | 31 July 2030 |\n| 12. | Pay grade 2 | Public Relations – Under Training | 19 December 2024 | 19 December 2029 |\n| 13. | Pay grade 2 | Public Relations – Primary Qualification | 19 December 2024 | 19 December 2029 |\n| 14. | Pay grade 6 | Public Relations – Shore Charge | 19 December 2024 | 19 December 2029 |\n| 15. | Pay grade 8 | Public Relations – Shore Command | 19 December 2024 | 19 December 2029 |\n\n\n \n\nSchedule 2—Premature birth leave amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | At the end of section 1.7.11 |\n| --- | --- |\n| | Add: |\n\n\n###### 1.7.11A Premature birth leave\n\n| | A member is not eligible to take premature birth leave during a period of imprisonment, detention or custody. |\n| --- | --- |\n| 2 | Section 4.4.12 |\n| | Repeal the section, substitute: |\n\n\n###### 4.4.12 Payment during a period of leave\n\n- 1. A member who is on a period of leave is eligible to receive ADF district allowance during their leave when one of the following applies.\n- a. The member is on one of the following types of leave and the member, or at least one of their resident family, continues to live in the remote location.Note: The remote location must be the location that the member received the allowance for prior to taking the leave.\n- i. Long service leave.\n- ii. Unpaid maternity leave.\n- iii. Unpaid parental leave.\n- b. The member is on one of the following types of leave and they are to return to duty at the remote location at the end of their leave.\n- i. Recreation leave.\n- ii. Personal leave for a compassionate reason or carer’s leave.\n- iii. Medical absence from duty.\n- iv. Paid maternity leave.\n- v. Premature birth leave.\n- vi. Paid parental leave.\n- 2. A member who is on a period of leave without pay is not eligible to receive ADF district allowance during their leave.\n- 3 At the end of section 5.2.2\n- Add:\n- g. Premature birth leave.\n- h. Parental leave.\n- 4 Section 5.6.4\n- Insert:\n- Premature birth has the meaning given under section 5.6A.2.\n- 5 At the end of section 5.6.13\n- Add:\n- 3. The period of absence may include a period of premature birth leave under Part 6A.\n- 6 At the end of section 5.6.14\n- Add:\n- 4. Paid maternity leave counts as effective service.\n- 7 At the end of section 5.6.15\n- Add:\n- 4. Maternity leave at half pay counts as effective service.\n- 8 Before subsection 5.6.18.1\n- Insert:\n- 1A. A member who has had a premature birth is eligible for a period of premature birth leave under Part 6A that is to be taken immediately after their period of paid maternity leave ends.\n- 9 Subsection 5.6.19.1\n- Repeal the subsection.\n- 10 Subsection 5.6.20.1\n- Omit “A member”, substitute “Subject to subsection 5, a member”.\n- 11 After subsection 5.6.20.4\n- Insert:\n- 5. A member who meets all of the following is not eligible to apply to resume duty under this section until after they have completed their period of premature birth leave.\n- a. They have had a premature birth.\n- b. They will commence premature birth leave after their period of paid maternity leave.\n- 12 After subsection 5.6.21.1.c\n- Insert:\n- Note: This does not include a period of premature birth leave that the member does not take under paragraph 5.6A.5.2.a.\n- 13 After subsection 5.6.31.1\n- Insert:\n- Note: The maternity leave period may include a period of premature birth leave under Part 6A.\n- 14 After Part 6 of Chapter 5\n- Insert:\n\n\n### Part 6A: Premature birth leave\n\n#### Division 1: General provisions\n\n###### 5.6A.1 Simplified outline for this Part\n\nPremature birth leave provides a period of paid leave to a member who has given birth prematurely, or to a member whose partner has given birth prematurely. This period of leave is in addition to a period of paid maternity leave or parental leave that the member may be eligible for.\n\nA child is born prematurely if they are born alive and before they have reached 37 weeks’ gestation.\n\nIf a member has given birth prematurely, the member may take premature birth leave after they have taken their paid maternity leave (see Division 2).\n\nIf the member’s partner has given birth prematurely, the member may take premature birth leave before they access any parental leave (see Division 3).\n\n###### 5.6A.2 Definitions\n\n- In this Part, the following apply.\n- Period of premature birth leave means the period calculated using the following formula.\n- start formula period of leave equals 37 minus A end formula\n- Where:\n- A is the number of weeks’ gestation the child was at birth.Note 1: The number of weeks’ gestation can include partial weeks and cannot be less than 20 weeks.Note 2: The period of premature birth leave a member is eligible for may be affected under section 5.6A.4.\n- Premature birth means the birth of a live child that occurs between the following.\n- a. 20 weeks before the expected date of the birth.\n- b. 37 weeks’ gestation.\n- Qualifying service has the same meaning as section 5.6.4.\n\n\n###### 5.6A.3 Member this Part applies to\n\n- This Part applies to a member on continuous full-time service who meets one of the following.\n- a. They have had a premature birth.\n- b. They have a partner who has had a premature birth.\n- Note 1: If a member is part of a dual serving couple, both members may be eligible under this Part.Note 2: The application of this Part is not affected by the death of the child for which the member is eligible for premature birth leave\n\n\n###### 5.6A.4 Premature birth leave and qualifying service\n\n| 1. | A member who has not completed their qualifying service is not eligible for premature birth leave. |\n| --- | --- |\n| 2. | Despite subsection 1, if the member completes their qualifying service during the period they would be eligible to take their premature birth leave, the member is eligible for the period of premature birth leave remaining after they have completed their qualifying service.
Note: The period of premature birth leave is not extended. |\n\n\n###### 5.6A.5 Taking premature birth leave\n\n- All of the following apply to premature birth leave.\n- a. It must be taken as a single period.\n- b. It must be taken at full pay.\n- c. It counts as effective service.\n\n\n###### 5.6A.6 Premature birth leave lapsing\n\n- If any of the following apply, the period of premature birth leave will lapse.\n- a. The member elects not to take their period of premature birth leave.\n- b. The leave has been denied under subsection 5.6A.11.3.\n\n\n#### Division 2: Premature birth leave – member who gives birth\n\n###### 5.6A.7 Member this Division applies to\n\n| | This Division applies to a member who gives birth prematurely. |\n| --- | --- |\n\n\n###### 5.6A.8 Notification of a premature birth\n\n| 1. | A member must notify of a premature birth using the approved form, as soon as reasonably practicable after the birth. |\n| --- | --- |\n| 2. | The member must provide evidence of the date of birth and the expected date of birth with their notification. |\n\n\n###### 5.6A.9 Eligibility for premature birth leave\n\n| 1. | A member is eligible for the period of premature birth leave commencing immediately after the member completes their period of paid maternity leave if they have notified of the premature birth.
Note 1: The period of premature birth leave is calculated under section 5.6A.2.
Note 2: The period of paid maternity leave is provided under section 5.6.14. |\n| --- | --- |\n| 2. | Eligibility for premature birth leave is not affected if the notification under section 5.6A.8 is made after the period of premature birth leave has commenced. |\n\n\n#### Division 3: Premature birth leave – member whose partner gives birth\n\n###### 5.6A.10 Member this Division applies to\n\n| | This Division applies to a member whose partner has a premature birth. |\n| --- | --- |\n\n\n###### 5.6A.11 Applying for premature birth leave\n\n| 1. | A member must apply for premature birth leave using the approved form. |\n| --- | --- |\n| 2. | The member must provide evidence of the date of birth and the expected date of birth with their application. |\n\n\n###### 5.6A.12 Eligibility for premature birth leave\n\n- 1. A member is eligible for the period of premature birth leave unless exceptional operational requirements exist.Note: The period of premature birth leave is calculated under section 5.6A.2.\n- 2. The period of premature birth leave is taken before paid parental leave under Part 7.\n- 15 Section 5.7.3\n- After “leave”, insert “or premature birth leave”.\n- 16 After paragraph 5.7.4B.2.c\n- Insert:\n- d. Premature birth leave taken by the member under Part 6A.\n- 17 Subparagraph 15.6.6E.b.iv (note)\n- Omit “and maternity”, substitute “, maternity and premature birth”.\n\n\n \n\nSchedule 3—Food allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 1.3.1 (at the end of the definition of “living-in accommodation”)\n- Add:\n- f. Navy accommodation complexes.\n- 2 Section 7.4.29\n- Repeal the section, substitute:\n\n\n###### 7.4.29 Higher contribution – Homebush and North Strathfield\n\n- A member must make a fortnightly contribution of $295.33 towards the cost of their accommodation if they meet all of the following.\n- a. They occupy a Navy accommodation complex at one of the following.\n- i. Homebush, New South Wales.\n- ii. North Strathfield, New South Wales.\n- b. The accommodation is a single bedroom apartment.\n- 3 Chapter 7 Part 9 Division 2 (heading)\n- Omit “allowances for certain members who live out”, substitute “allowance”.\n- 4 Section 7.9.9\n- Repeal the section, substitute:\n\n\n###### 7.9.9 Purpose\n\n| | Food allowance assists certain members in meeting additional food expenses when they live out or do not have access to meals at their living-in accommodation. |\n| --- | --- |\n| 5 | Section 7.9.10 |\n| | Repeal the section, substitute: |\n\n\n###### 7.9.10 Food allowance\n\n- 1. A member who meets all of the following is eligible for food allowance.\n- a. They have unaccompanied resident family.\n- b. They have no accompanied resident family.\n- c. They are not paying the fortnightly meal charge.\n- d. One of the following.\n- i. They are living out.\n- ii. They are occupying a Navy accommodation complex at Homebush, New South Wales or North Strathfield, New South Wales.\n- 2. The rate of food allowance is one of the following.\n- a. $214.79 a fortnight.\n- b. If they are on a flexible service determination — $21.48 for each day in the member's pattern of service up to the rate specified in paragraph a.\n- 6 Section 7.9.11 (heading)\n- Omit “Member”, substitute “When a member is”.\n\n\n \n\nSchedule 4—Rent ceiling and contributions for food – temporary accommodation allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 7.E Part 1.1 (row dealing with Glenbrook) |\n| --- | --- |\n| | Repeal the row, substitute: |\n\n\n \n\n| Glenbrook | 1,964 | 2,598 | 3,140 | 4,010 | |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 2 | Annex 7.E Part 1.2 (row dealing with Glenbrook) |\n| --- | --- |\n| | Repeal the row, substitute: |\n\n\n \n\n| Glenbrook | 1,768 | 2,338 | 2,826 | 3,609 | |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 3 | Annex 7.E Part 2.1 (row dealing with Glenbrook) |\n| --- | --- |\n| | Repeal the row, substitute: |\n\n\n \n\n| Glenbrook | 1,768 | 2,338 | 2,826 | 3,609 | |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 4 | Annex 7.E Part 2.2 (row dealing with Glenbrook) |\n| --- | --- |\n| | Repeal the row, substitute: |\n\n\n \n\n| Glenbrook | 884 | 1,169 | 1,413 | 1,805 | |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 5 | Annex 7.E Part 2.3 (row dealing with Glenbrook) |\n| --- | --- |\n| | Repeal the row, substitute: |\n\n\n \n\n| Glenbrook | 648 | 857 | 1,036 | 1,323 | |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 6 | Annex 7.E Part 2.4 (row dealing with Glenbrook) |\n| --- | --- |\n| | Repeal the row, substitute: |\n\n\n \n\n| Glenbrook | 540 | 714 | 864 | 1,103 | |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 7 | Annex 7.F (cell at table item dealing with 110,000 – 111,999, column B) |\n| --- | --- |\n| | Omit “674.31”, substitute “581.34”. |\n\n\n \n\nSchedule 5—Rates and allowances amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Subsection 8.4.10.3 |\n| --- | --- |\n| | Omit “$123”, substitute “$131”. |\n| 2 | Subsection 8.4.11.3 (table, column B) |\n| | Repeal the column, substitute: |\n\n\n \n\n| Column B
Maximum limit |\n| --- |\n| $1,834 |\n| $3,404 |\n| $6,807 |\n\n\n \n\n| 3 | Subsection 8.4.14.3 |\n| --- | --- |\n| | Omit “$123”, substitute “$131”. |\n| 4 | Subsection 8.4.14.4 |\n| | Omit “$905”, substitute “$964”. |\n| 5 | Subsection 8.4.14.5 |\n| | Omit “$36,336”, substitute “$39,039”. |\n| 6 | Subsection 8.4.14.5A |\n| | Omit “$441”, substitute “$470”. |\n| 7 | Subsection 8.4.21.1 |\n| | Repeal the table, substitute: |\n\n\n \n\n| Item | Column A
Purpose | Column B
Maximum reimbursement | Column C
Contribution |\n| --- | --- | --- | --- |\n| 1. | Compulsory tuition fees. | $39,039 | The higher of the following.
a. $470.
b. The amount equal to the contribution they would normally have incurred for their child’s continued attendance at that school. |\n| 2. | If in boarding school or a commercial establishment, the cost of board. | $34,844 | One of the following.
a. For the first year of boarding — $3,421.
b. For every other year of boarding — $3,844. |\n| 3. | If accommodated privately, the cost of board. | $19,241 | One of the following.
For the first year of boarding — $3,421. For every other year of boarding — $3,844. |\n\n\n \n\n| 8 | Subsection 8.4.25.1 |\n| --- | --- |\n| | Omit “$530”, substitute “$551”. |\n| 9 | Subsection 15.2A.20.3 (table, column B) |\n| | Repeal the column, substitute: |\n\n\n \n\n| Column B
Base rate (AUD) |\n| --- |\n| 390 |\n| 300 |\n| 360 |\n\n\n \n\n| 10 | Section 15.6.6D (definition of yearly benefit) |\n| --- | --- |\n| | Omit “AUD $11,313.00”, substitute “AUD 11,496.00”. |\n| 11 | Section 15.6.6D (definition of yearly benefit) |\n| | Omit “AUD $17,059.00”, substitute “AUD 17,293.00”. |\n| 12 | Paragraph 15.6.10.2.b (formula) |\n| | Omit “AUD 36,336”, substitute “AUD 39,039”. |\n| 13 | Paragraph 15.6.11.2.b (table, column B) |\n| | Repeal the column, substitute: |\n\n\n \n\n| Column B
Annual contribution in AUD |\n| --- |\n| 628 |\n| 214 |\n| 500 |\n| 500 |\n\n\n \n\n| 14 | Paragraph 15.6.26.2.b |\n| --- | --- |\n| | Omit “AUD 36,336”, substitute “AUD 39,039”. |\n| 15 | Paragraph 15.6.26.3.a |\n| | Omit “AUD 201”, substitute “AUD 214”. |\n| 16 | Paragraph 15.6.26.3.b |\n| | Omit “AUD 469”, substitute “AUD 500”. |\n| 17 | Subparagraph 15.6.27.2.a.ii |\n| | Omit “AUD 31,638”, substitute “AUD 34,844”. |\n| 18 | Subparagraph 15.6.27.2.b.ii |\n| | Omit “AUD 18,332”, substitute “AUD 19,241”. |\n| 19 | Subparagraph 15.6.27.3.a.i |\n| | Omit “AUD 3,336”, substitute “AUD 3,421”. |\n| 20 | Subparagraph 15.6.27.3.a.ii |\n| | Omit “AUD 3,754”, substitute “AUD 3,844”. |\n| 21 | Paragraph 15.6.27.3.b |\n| | Omit “AUD 3,754”, substitute “AUD 3,844”. |\n| 22 | Subsection 16.2A.5.1 (table) |\n| | Repeal the table, substitute: |\n\n\n \n\n| Item | Column A
Hardship location grade | Column B
Rate for an unaccompanied member
(AUD per year) | Column C
Rate for an accompanied member
(AUD per year) |\n| --- | --- | --- | --- |\n| 1. | A | Nil | Nil |\n| 2. | B | Nil | Nil |\n| 3. | C | 18,747 | 28,120 |\n| 4. | D | 24,996 | 37,493 |\n| 5. | E | 31,244 | 46,866 |\n| 6. | F | 37,493 | 56,240 |\n\n\n \n\nSchedule 6—ADF family health program amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 8.9.2 (definition of allied health services)\n- Omit “Health Insurance (Allied Health Services) Determination 2014”, substitute “Health Insurance (Section 3C General Medical Services – Allied Health Services) Determination 2024”.\n- 2 After paragraph 8.9.7.1.f\n- Insert:\n- g. Counselling and psychotherapy services provided by a provider registered with any of the following.\n- i. Australian Counselling Association with a membership of Level 3 or 4.\n- ii. Psychotherapy and Counselling Federation of Australia as a Registered Clinical Counsellor or Registered Clinical Psychotherapist.\n- h. Services provided by an International Board Certified Lactation Consultant.\n\n\n \n\nSchedule 7—Travel during a medical absence amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 1.3.1 (definition remote location)\n- Repeal paragraph a, substitute:\n- a. For the purpose of ADF district allowance and travel during a medical absence under section 9.2.26 – Annex 4.4.A.\n- 2 Subsection 9.2.26.1\n- Repeal the subsection, substitute:\n- 1. This section applies when the member’s housing benefit location is a remote location.\n- 1A. A member is eligible for travel for their accompanied resident family from their housing benefit location to the location of a registered specialist medical or dental practitioner if one of the following are met.\n- a. If the member is in a grade C, D or E remote location — the member’s Commanding Officer has certified that travel to access specialist medical or dental treatment is necessary.\n- b. If a member in any other grade remote location — a doctor or dentist has certified all of the following.\n- i. Specialist treatment is necessary.\n- ii. The necessary treatment cannot be provided in the housing benefit location.\n- 3 Subsections 9.2.26.5, 9.2.26.6 and 9.2.26.7\n- Repeal the subsections.\n- 4 After section 9.2.26\n- Add:\n\n\n###### 9.2.26A Travel for a member’s children or a support person\n\n- 1. This section applies to a member who is eligible for travel under one of the following\n- a. For themselves under section 9.2.25.\n- b. For their resident family under section 9.2.26.\n- 2. The member is eligible for travel for all of the following people to accompany them during a medical absence or their resident family during travel for specialist medical or dental treatment.\n- a. One support person if the decision maker is satisfied that the member needs to be accompanied during the travel for support.\n- b. A child who is accompanied resident family of the member if the decision maker is satisfied that reasonable care for the child during the member’s or their resident family’s absence cannot be arranged.\n- 3. All of the following apply to travel under this section.\n- a. Travel is to be by the same means as the person who travels under section 9.2.25 or 9.2.26.\n- b. If travel is by private vehicle all of the following.\n- ii. Vehicle allowance is payable up to the amount that would be payable had the travel been by the most economical means.\n- iii. Vehicle allowance is only payable once for the journey.\n- 4. Subject to subsection 5, if the member or the resident family are required to stay overnight in the location they travel to under 9.2.25 or 9.2.26, the member is eligible for the following.\n- a. All of the following.\n- i. If a support person is travelling — accommodation for the support person.\n- ii. If a child is travelling — accommodation for the child that the decision maker is satisfied is reasonable after considering the age and number of children that are travelling.\n- b. Meals for the support person and child.\n- 5. All of the following apply to accommodation and meals provided under this section.\n- a. The maximum amount payable is what would be payable for the location the person travels to if the person were eligible for travelling allowance for the journey under Part 5.\n- b. Meal costs are to be paid by reimbursement.\n- c. Accommodation costs may be paid in one of the following ways.\n- i. By Defence prior to travel.\n- ii. By reimbursement.\n- 6. In this section, decision maker means one of the following.\n- a. Director/Commanding Officer not below O-4/APS 6 in the member's direct chain of command or supervision.\n- b. Officer in Charge Air Base Logistics Flight, No. 17 Squadron.\n- c. Executive Officer/Air Base Executive Officer, No, 17 Squadron.\n- d. Officer in Charge Air Base Operations Flight, No. 17 Squadron.\n- e. Executive Officer, No. 75 Squadron.\n- f. Senior Engineering Officer, No. 75 Squadron.\n\n\n \n\nSchedule 8—Decision maker amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Subsection 1.3.1 (definition of Toll decision maker)\n- Repeal the definition.\n- 2 Amendments of listed provisions—Toll decision maker\n- In the following sections, omit “or a Toll decision maker”.\n- a. Subsection 1.3.4.6.\n- b. Section 6.1.21 (wherever occurring).\n- c. Section 6.1.22 (wherever occurring).\n- d. Subsection 6.2.5.4 (wherever occurring).\n- e. Section 6.5.12 (wherever occurring).\n- f. Subsection 6.5.15.3.\n- g. Subsection 6.5.16.3.\n- h. Subsection 6.5.29.2.\n- i. Paragraph 6.5.32.b.\n- j. Subsection 6.5.34.2.\n- k. Paragraph 6.5.48.1.d.\n- l. Subsection 6.5.52.1 (table wherever occurring).\n- m. Section 6.5.54 (wherever occurring).\n- n. Subsection 6.5.55.1.\n- o. Subsection 6.5.62.6 (wherever occurring).\n- p. Section 6.5.63 (wherever occurring).\n- q. Section 6.5.78 (wherever occurring).\n- r. Subsection 6.5.79.3.\n- s. Paragraph 6.5.80.2.d.\n- t. Paragraph 6.5.83A.5.b.\n- u. Paragraph 6.5.85.2.d (table item 2).\n- v. Paragraph 6.5A.13.1.b.\n- w. Section 7.1.14 (definition of serviced apartment).\n- x. Section 7.1.23 (wherever occurring).\n- y. Section 7.5.8.\n- z. Section 7.5.12 (wherever occurring).\n- za. Subsection 7.5.15.3.\n- zb. Subsection 7.5.17.1 (table item 7).\n- zc. Section 7.5.20.\n- zd. Subsection 7.5.23.2 (wherever occurring).\n- ze. Section 7.5.24 (wherever occurring).\n- zf. Section 7.5.25 (wherever occurring).\n- zg. Section 7.5.26 (wherever occurring).\n- zh. Section 7.5.27 (wherever occurring).\n- zi. Subsection 9.1.6.3.\n- zj. Subsection 9.2.17.3.\n- 3 Amendments of listed provisions—decision maker\n- In the following sections, omit “decision maker”, substitute “CDF”\n- a. Paragraph 7.8.5AA.2.b\n- b. Subsection 15.3.12.2.\n- c. Subsection 15.3.14.5.\n- d. Paragraph 15.3.17C.1.b.\n- e. Subsection 15.3.17G.2.\n- f. Subsection 15.3.17G.3.\n- g. Paragraph 15.3.17H.1.c.\n- h. Subsection 15.3.17H.2.\n- 4 Amendments of listed provisions—repeals\n- Repeal the following provisions\n- a. Subsection 7.8.5AA.4.\n- b. Subsection 15.3.12.3.\n- c. Subsection 15.3.14.6.\n- d. Subsection 15.3.17C.4.\n- e. Subsection 15.3.17G.5.\n- f. Subsection 15.3.17H.3\n\n\nSchedule 9—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 3.2.7AA and 3.2.7AB (headings) |\n| --- | --- |\n| | Omit “determinations”, substitute “determination”. |\n| 2 | Paragraph 3.2.47S.4.b |\n| | After “advancement period”, add “,”. |\n| 3 | Paragraph 5.4.23.1.c |\n| | Omit “section 23AG (7)”, substitute “subsection 23AG(7)”. |\n| 4 | Paragraph 5.4.23.1.c |\n| | Omit “subsection 23AG of the Income Tax Assessment Act 1936”, substitute “section 23AG of that Act”. |\n| 5 | Paragraph 5.4.26.1.d |\n| | Omit “section 23AG (7)”, substitute “subsection 23AG(7)”. |\n| 6 | Paragraph 5.4.26.1.d |\n| | After “reasonably be expected”, insert “to”. |\n| 7 | Paragraph 5.4.26.1.d |\n| | Omit “subsection 23AG of the Income Tax Assessment Act 1936”, substitute “section 23AG of that Act”. |\n| 8 | Subsection 5.5.25.2 |\n| | Omit “terminal-illness”, substitute “terminal illness”. |\n| 9 | Subsection 5.7.4B.3 |\n| | Omit “those the”, substitute “those”. |\n| 10 | Subsection 6.5A.9.2 |\n| | Omit “posting location”, substitute “primary service location”. |\n| 11 | Paragraph 7.3.23.3.d |\n| | Omit “posting location is one listed”, substitute “posting is listed”. |\n| 12 | Section 7.4.A.4 (heading) |\n| | Omit “don’t”, substitute “do not”. |\n| 13 | Subsection 7.6.4.1 |\n| | Omit “alll”, substitute “all”. |\n| 14 | Subparagraph 7.8.5AA.1.c.ii |\n| | Omit “Jun”, substitute “June”. |\n| 15 | Paragraph 7.8.5AA.1.d |\n| | Omit “2056”, substitute “2026”. |\n| 16 | Subsection 7.8.5AA.5 (table) |\n| | Repeal the table, substitute: |\n\n\n \n\n| Item | Trial location |\n| --- | --- |\n| 1. | Australian Defence Force Academy, ACT |\n| 2. | Australian Defence College, Weston Creek, ACT |\n| 3. | Brindabella Park, ACT |\n| 4. | Campbell Park, ACT |\n| 5. | Fairbairn RAAF Base, ACT |\n| 6. | HMAS Harman, ACT |\n| 7. | Royal Military College Duntroon, ACT |\n| 8. | Russell Offices, ACT |\n| 9. | Defence Plaza Sydney, NSW |\n| 10. | Garden Island Defence Precinct, NSW |\n| 11. | Glenbrook, RAAF Base, NSW |\n| 12. | Headquarters Joint Operations Command, NSW |\n| 13. | HMAS Kuttabul, Potts Point, NSW |\n| 14. | HMAS Penguin, Balmoral, NSW |\n| 15. | HMAS Waterhen, NSW |\n| 16. | HMAS Watson, NSW |\n| 17. | Holsworthy Barracks, NSW |\n| 18. | Lancer Barracks Parramatta, NSW |\n| 19. | Orchard Hills, Defence Establishment, NSW |\n| 20. | Randwick Barracks, NSW |\n| 21. | Sydney Fleet Base East, NSW |\n| 22. | Victoria Barracks, NSW |\n| 23. | Amberley, RAAF Base, QLD |\n| 24. | Kokoda Barracks, QLD |\n| 25. | Lavarack Barracks, QLD |\n| 26. | Townsville RAAF Base, QLD |\n| 27. | Anglesea Barracks, TAS |\n| 28. | Derwent Barracks, TAS |\n| 29. | Campbell Barracks, WA |\n| 30. | Irwin Barracks, WA |\n| 31. | Palmer Barracks, WA |\n\n\n \n\n- 17 Subsection 7.9.11.1\n- Omit “1. A member”, substitute “A member”.\n- 18 Section 8.9.2A\n- Omit “paragraph 1.3.37.1.d.of”, substitute “paragraph 1.3.37.1.d. of”.\n- 19 Section 12.8.5 (heading)\n- Omit “apples”, substitute “applies”.\n- 20 Part 1 of Annex 13.3.A (table item 17)\n- Repeal the table item.\n- 21 Part 2 of Annex 13.3.A (table item 17)\n- Repeal the table item.\n- 22 Subsection 14.3.22.1\n- Omit “In certain situations, a member on long-term posting is eligible for a removal to move dependants remaining in Australia to another Australian location. All these conditions must be met.”, substitute “A member on long-term posting is eligible for a removal to move dependants remaining in Australia to another Australian location if all of the following are met.”.\n- 23 Paragraph 14.3.22.1.b\n- Omit “one or more of the following applies”, substitute “any of the following apply”.\n- 24 Subsection 15.3.25.3\n- After “one of the following”, insert “applies”.\n- 25 Amendments of listed provisions—housing benefit location\n- Omit “posting location”, substitute “housing benefit location”.\n- a. Paragraph 6.1.22.1.b.\n- b. Subparagraph 6.5.5.1.f.ii.\n- c. Paragraph 6.5.5.1.h (wherever occurring).\n- d. Subsection 6.5.46.3 (table item 5 column B).\n- e. Subparagraph 6.5.60.5.b.ii.\n- f. Paragraph 6.5.62.1.b.\n- g. Subsection 6.5.75.3 (table item 2 column B).\n- h. Paragraph 6.5A.14.2.a.\n- i. Subsection 7.3.21.3.\n- j. Paragraph 7.4.9.2.c.\n- k. Paragraph 7.6.34.2.f.\n- 26 Amendments of listed provisions—chaperone\n\n\n \n\n| Item | Provision | Omit | Substitute |\n| --- | --- | --- | --- |\n| 1 | Paragraph 4.7.2.b | escort | chaperone |\n| 2 | Subsection 4.7.4.4 | escort personnel | member performing chaperone duties |\n| 3 | Subsection 4.7.5.1 | escort | chaperone |\n| 4 | Paragraph 4.7.6.b | Escort personnel | A member performing chaperone duties |\n| 5 | Subsection 9.1.7.8 | an escort | a chaperone |\n| 6 | Subsection 9.3.18.5 | escorted | chaperoned |\n| 7 | Paragraph 9.3.67.4.c | An escort | A chaperone |\n| 8 | Subparagraph 10.3.2.1.a.iii | An escort officer | A chaperone |\n| 9 | Paragraph 12.8.4.1.c | An escort | A chaperone |\n| 10 | Subsection 14.4.2.3 | escorts | chaperones |\n| 11 | Subsection 15.4.21.2 (table item 2) | escorting | chaperoning |\n| 12 | Section 15.5.17 (heading) | Escort | Chaperone |\n| 13 | Subsection 15.5.17.1 | an escort | a chaperone |\n| 14 | Subsection 15.5.17.2 | escort | chaperone |\n\n\n \n\n| 27 | Amendments of listed provisions—preschool |\n| --- | --- |\n\n\n \n\n| Item | Provision | Omit | Substitute |\n| --- | --- | --- | --- |\n| 1 | Subparagraph 5.11.17.b.iii. | pre-school | preschool |\n| 2 | Paragraph 6.1.12.1.b (note). | pre-school | preschool |\n| 3 | Subparagraph 7.1.15.2.c.v (wherever occurring). | pre-school | preschool |\n| 4 | Paragraph 7.1.15.3.c. | Pre-school | Preschool |\n| 5 | Subparagraph 15.1.3A.a.ii. | pre-school | preschool |\n| 6 | Subparagraph 15.6.2.c.ii. | Pre-school | Preschool |\n| 7 | Subparagraph 15.6.2.c.ii (note). | pre-school | preschool |\n| 8 | Section 15.6.6B (wherever occurring). | pre-school | preschool |\n| 9 | Paragraph 15.6.7.a. | Pre-school | Preschool |\n| 10 | Subparagraphs 15.6.10.1.b.i and 15.6.10.1.c.i. | pre-school | preschool |\n| 11 | Subsection 15.6.11.2 (table item 1 column A). | Pre-school | Preschool |\n| 12 | Subsection 15.6.26.1 and paragraph 15.6.26.3.a. | pre-school | preschool |\n| 13 | Annex 15.6.A (table heading column C). | Pre-school | Preschool |\n| 14 | Annex 15.6.A (table item 45 column C) (wherever occurring). | pre-school | preschool |\n\n\n \n\nSchedule 10—Savings provisions\n\n| 1 | Chapter 1 Part 2 (heading) |\n| --- | --- |\n| | After “rules”, insert “and savings provisions” |\n| 2 | Before section 1.2.1 |\n| | Insert: |\n| | Division 1: Technical rules |\n| 3 | After section 1.2.6 |\n| | Insert: |\n\n\n### Division 2: Savings provisions\n\n##### Subdivision 1: General\n\n###### 1.2.7 Interpretation\n\n| | In this Division, the following apply, unless a contrary intention appears. |\n| --- | --- |\n| | Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time. |\n\n\n##### Subdivision 2: Transitional matters relating to Defence Determination, Conditions of service Amendment Determination (No. 10) 2025\n\n###### 1.2.8 Savings – Premature birth leave\n\n- 1. This clause applies to a member who met all of the following immediately before the commencement Schedule 2 of this amending 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 on or before 11 September 2025.\n- 2. Despite the changes made by Schedule 2 of the amending determination, the provisions that applied to the member immediately before the commencement of the amending determination continue to apply.\n- 3. In this section, the amending determination means Defence Determination, Conditions of service Amendment Determination (No. 10) 2025, as in force from time to time.\n\n\nSchedule 11—Transitional 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, as in force from time to time. |\n\n\n###### 2 Transitional ‒ Definition of allied health services\n\n| 1. | This clause applies to a claimant who would have been eligible for a benefit in connection with an allied health service between 1 March 2024 and the commencement of Schedule 1 of this Determination had item 1 of Schedule 6 of this Determination been in force at the time. |\n| --- | --- |\n| 2. | The claimant is eligible for the benefits as though item 2 of Schedule 6 of this Determination applied to the member at the time. |\n\n\n###### 3 Transitional – ADF family health program additional services\n\n| 1. | This clause applies to a claimant who would have been eligible for reimbursement under section 8.9.6A of the Defence Determination between 1 July 2025 and the commencement of Schedule 1 of this Determination had item 2 of Schedule 6 of this Determination been in force at the time. |\n| --- | --- |\n| 2. | The claimant is eligible for the benefits as though item 2 of Schedule 6 of this Determination applied to the member at the time. |\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The amendments expand and refine entitlements (new premature birth leave, broader allied‑health coverage, increased allowance caps, travel support for carers) but do so within the existing subject‑matter of the Defence Determination (conditions of service). They materially increase certain benefits and administrative requirements, but do not move outside the Determination’s original statutory purpose of setting service conditions and allowances. Therefore the scope (subject‑matter) has not changed beyond the Determination’s original purpose, although its substantive content has been broadened."},"complexity_factors":["11 separate Schedules with interrelated amendments","Multiple commencement dates (8 different entries in section 2) increasing transitional complexity","Introduction of a new Part 6A (premature birth leave) with ~12 substantive subsections and multiple cross‑references","Widespread numeric substitutions and rate changes across at least 20 distinct subsections/Annex cells (Schedule 5 and Schedule 4)","Numerous decision‑maker amendments and repeals affecting over 40 listed provisions (Schedule 8 items and Schedule 9 item lists)","Addition of new travel/allowance rules with detailed eligibility, reimbursement and decision‑maker rules (new section 9.2.26A)","Transitional and savings provisions (Schedules 10 and 11) that preserve earlier entitlements for certain cohorts and require temporal application logic","Many minor editorial and terminology edits scattered throughout (Schedule 9), increasing reading/interpretation effort"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- It amends the Defence Determination 2016/19 (Conditions of service) across a range of pay, allowance, leave and administrative provisions. (See the table of commencement dates in section 2.)\n- Key mechanical changes introduced by the instrument include:\n - New salary non‑reduction (protected pay) periods for a set of specialist roles (intelligence, certain naval police roles, public relations and continued entries for medical officer classifications) with specific start/end dates (Schedule 1, Annex 3.2.D table).\n - Creation of a new paid leave entitlement called \"premature birth leave\" for serving ADF members who give birth prematurely, or whose partner gives birth prematurely. The leave duration is calculated as (37 weeks minus the gestation at birth), must be taken as a single period at full pay, counts as service, and is subject to qualifying service and certain operational exceptions (Schedule 2, new Part 6A, sections 5.6A.1–5.6A.12). Premature birth is defined as a live birth occurring before 37 weeks and not earlier than 20 weeks (5.6A.2).\n - Changes to how ADF district (remote location) allowance is paid during leave — premature birth leave is now explicitly a leave type that can qualify for district allowance in specified circumstances (Schedule 2, amended section 4.4.12).\n - Amendments to food and accommodation rules: inclusion of Navy accommodation complexes in the definition of \"living‑in accommodation\" for some purposes; a new fortnightly contribution level for single bedroom Navy complexes at Homebush and North Strathfield; and eligibility/rates for food allowance when members live out or don’t have access to meals (Schedule 3, sections 1.3.1, 7.4.29, 7.9.10).\n - Adjustment of rent ceiling/contribution tables for Glenbrook and a numeric change in an Annex cell (Schedule 4, Annex 7.E / 7.F updates).\n - Multiple updates to monetary rates and limits across allowances and reimbursement schedules (Schedule 5), including indexed increases to certain limits (examples: tuition/boarding reimbursements, hardship location payments, vehicle/benefit caps — see Schedule 5 items 1–22).\n - Expansion of the ADF family health program to add certain counselling/psychotherapy providers and International Board Certified Lactation Consultants as eligible providers for reimbursement (Schedule 6, amended section 8.9.2 and 8.9.7.1 insertions).\n - Broader travel support during medical absences: authority for a support person or an accompanying child to travel with a member or resident family in specified circumstances, with rules about accommodation and reimbursement (Schedule 7, new section 9.2.26A). The section also clarifies who may certify the necessity of specialist treatment in remote locations (9.2.26 as amended).\n - Administrative/decision‑making changes: removal of the separate \"Toll decision maker\" role and substitution of \"CDF\" (Chief of the Defence Force) for \"decision maker\" in a limited set of higher‑level decisions; repeals of some decision‑making subsections; and other textual/terminology fixes (Schedule 8 and Schedule 9).\n - Savings and transitional provisions preserving prior rules for people partway through relevant leave or claims when these amendments commence (Schedules 10 and 11).\n\n**Who is affected**\n\n- Serving ADF members generally: the changes touch pay protection for specific specialty grades, multiple allowance and reimbursement schedules, and administrative processes. (Schedules 1, 3–5, 8.)\n- Members who give birth prematurely, or whose partner gives birth prematurely: eligible for a defined period of paid premature birth leave if they meet qualifying service and notification requirements (Schedule 2, Part 6A).\n- Members living in or using Navy accommodation complexes (Homebush and North Strathfield): designated fortnightly accommodation contributions and food allowance eligibility adjusted (Schedule 3).\n- Members posted to remote locations who need specialist medical/dental treatment: clarifies medical travel eligibility and now explicitly accommodates a support person or child where justified (Schedule 7).\n- Members and eligible family users of the ADF family health program: extra allied‑health provider categories (counsellors with specified registrations; lactation consultants) are now eligible for reimbursement (Schedule 6).\n- Administrative actors: some decisions previously exercisable by delegated \"decision makers\" or a \"Toll decision maker\" are adjusted so that the CDF is specified for certain items, and various decision‑maker lists/roles are tightened or repealed (Schedule 8).\n\n**Why it matters (official purpose and a short test against costs, incentives and trade‑offs)**n\n- The instrument mainly adjusts entitlements (new leave, expanded health providers), updates monetary rates and ceilings (indexation or targeted increases), clarifies travel/allowance rules for families and remote postings, and rationalises decision‑making lines.\n- Claimed purpose (from the text): to update conditions of service — leave, allowance rates, and administrative provisions — to reflect operational, welfare and cost‑of‑living changes. The instrument implements those changes by amending the Defence Determination 2016/19.\n\nTrade‑offs, costs and incentives to note (mechanisms, with references):\n- Fiscal cost: Paid premature birth leave at full pay (Part 6A, 5.6A.5) and broader travel/accommodation reimbursements for support persons (9.2.26A) create additional direct pay/reimbursement liabilities for Defence. Increased allowance and reimbursement caps (Schedule 5) also raise expenditure ceilings.\n- Who pays: the Commonwealth (Defence) funds these payments under the Conditions of service instrument; decision or approval for some entitlements passes through defined Defence decision‑makers or the CDF where specified (see Schedule 8 and section 9.2.26A(6) for who the decision maker is).\n- Behavioural effects: Members may be more likely to take leave related to premature births (explicit entitlement, counts as service, sections 5.6A.3–5.6A.5). Expanding eligible allied health providers may shift where members seek reimbursed care (Schedule 6), possibly increasing take‑up of counselling or lactation services.\n- Operational constraints and exceptions: premature birth leave for partner births may be denied where \"exceptional operational requirements\" exist (5.6A.12(1)). Members who have not completed qualifying service are ineligible unless they complete it during the relevant period (5.6A.4). These conditions limit universality of the new entitlement.\n- Compliance and administrative burden: new and amended entitlements require evidence and forms (notification/application requirements in 5.6A.8 and 5.6A.11), updated approvals pathways (who can certify necessity for travel in remote locations, 9.2.26), and transitional handling for cases already in progress (Schedules 10–11). Defence must update forms, payroll systems and training for decision‑makers.\n- Centralisation of certain decisions: the substitution of \"CDF\" for \"decision maker\" in listed provisions (Schedule 8, item 3) concentrates authority at a higher level for specified items. That can reduce local discretion but may increase the need for high‑level sign‑offs for particular decisions.\n- Concentrated vs diffuse impacts: benefits (paid leave, broader health providers, higher allowance caps) are concentrated on members in particular life events or locations (premature birth, specific Navy complexes, remote posting). Costs of increased payments are borne by Defence’s budget and diffuse across Defence funding priorities.\n\n**Implementation risks and costs**\n\n- Systems work: payroll, leave‑recording and family‑benefit systems must be updated to calculate premature birth leave (formula at 5.6A.2), to treat the leave as effective service, and to apply override/denial rules.\n- Evidence and disputes: the new entitlement’s reliance on medical dates and gestation introduces a potential for disputes or administrative queries about evidence (5.6A.8, 5.6A.11).\n- Operational impact: premature birth leave can be denied for operational reasons (5.6A.12(1)), so local commanders will need clear guidance on when denials are lawful and how workforce planning mitigates absence risks.\n\n**Practical effects on day‑to‑day choices**\n\n- Members expecting or experiencing premature birth will have an explicit paid leave option calculated by gestation, and must notify or apply using approved forms (5.6A.8–5.6A.11).\n- Members in affected Navy accommodation complexes or living out may see different fortnightly contributions or become newly eligible for food allowance (Schedule 3).\n- Families travelling for medical treatment can be approved to bring a support person or child with costs reimbursed subject to reasonableness and capped amounts (9.2.26A).\n\n**Key references in the instrument**\n- Commencement timing: section 2 table (multiple commencement dates; Schedule 2 starts 11 Sept 2025 for premature birth leave).\n- Premature birth leave: Schedule 2, inserted Part 6A (sections 5.6A.1–5.6A.12).\n- Food allowance and Navy accommodation: Schedule 3 (sections 1.3.1, 7.4.29, 7.9.10).\n- Rates and allowances increases: Schedule 5 (multiple subsections and Annex items).\n- ADF family health program additions: Schedule 6 (8.9.2; 8.9.7.1 additions).\n- Travel for support persons/children: Schedule 7 (new section 9.2.26A).\n- Decision‑maker changes and removals: Schedule 8.\n- Savings and transition for members already on relevant leave or claims: Schedules 10–11.\n\n(Analyst’s note: these changes remain within the Defence Determination’s ordinary subject‑matter — setting conditions of service — but they materially expand certain family‑support entitlements and increase a number of monetary caps. The concrete mechanisms for cost, eligibility and administration are set out above by section reference.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope as an amendment to Defence Determination 2016/19. While it adds significant new content (particularly the premature birth leave scheme), this is consistent with the instrument's purpose of setting conditions of service. The amendments do not expand into new policy areas beyond ADF employment conditions."},"complexity_factors":["11 separate schedules with different commencement dates (3 July, 11 September, and contingent dates)","Complex formula for calculating premature birth leave: 37 weeks minus gestation at birth, with minimum 20-week threshold","Extensive cross-referencing to Defence Determination 2016/19 (the base instrument) without reproducing that text","Nested conditions for eligibility — e.g., premature birth leave requires completing qualifying service, notification requirements, and operational exceptions","Multiple transitional and savings provisions protecting existing entitlements during the changeover","Schedule 8 amends 26 different provisions across multiple chapters to remove 'Toll decision maker' references","Schedule 9 contains 27 separate technical amendments including bulk find-and-replace operations across the instrument","Interaction between new premature birth leave and existing maternity/parental leave schemes requires careful sequencing rules"],"plain_english_summary":"This instrument amends the Defence Determination 2016/19 to update pay protections for specialists, add paid premature birth leave, raise various allowance rates, broaden healthcare and travel entitlements, and bring decision-making back in‑house while correcting technical errors. \n\nIt affects all full‑time ADF members—especially specialists, expecting parents, and those using education, housing or health benefits—and matters because it improves parental leave for premature births, increases supports and allowances, simplifies specialist access to care, and fixes administrative issues."},"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-no-10-2025","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-10-2025/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-10-2025/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-10-2025/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-10-2025/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-10-2025/documents"}}