{"id":"F2025L00920","name":"Defence Determination, Conditions of service Amendment Determination (No. 13) 2025","slug":"defence-determination-conditions-of-service-amendment-determination-no-13-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442920,"registerId":"F2025L00920-fast-fetch-1775957831811","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. 13) 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n ![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence Determination, Conditions of service Amendment Determination (No. 13) 2025\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 7 August 2025\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—Christmas stand-down amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Travel and meal allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 3—Payment of leave credits to a member diagnosed with a terminal illness amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 4—Excess baggage amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 5—Deployment allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 6—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 7—Transitional provisions\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment Determination (No. 13) 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 14 August 2025\n- 3. Schedule 2 9 October 2025\n- 4. Schedules 3 to 7 14 August 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—Christmas stand-down amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 1.3.1\n- Insert:\n- Christmas stand-down means the following period.\n- a. If Christmas day is on a Sunday — 25 December to 3 January.\n- b. If Christmas day is on a Monday — 25 December to 2 January.\n- c. If Christmas day is on a Tuesday — 24 December to 1 January.\n- d. If Christmas day is on a Wednesday — 24 December to 1 January.\n- e. If Christmas day is on a Thursday — 25 December to 2 January.\n- f. If Christmas day is on a Friday — 24 December to 1 January.\n- g. If Christmas day is on a Saturday — 24 December to 1 January.\n- Note: Section 5.12.3 provides how absences are to be treated during the period.\n- 2 Section 5.12.3\n- Repeal the section, substitute:\n\n\n###### 5.12.3 Christmas stand-down\n\n- A member is on short absence – not required for duty under Part 11 Division 2A for the Christmas stand-down period unless required for duty.Note 1: The definition of Christmas stand-down under section 1.3.1 provides the dates of the Christmas stand-down period.Note 2: If a day during the Christmas stand-down period is a public holiday section 5.12.1 applies.\n- 3 Paragraph 15.1.10.2.c\n- Repeal the paragraph, substitute:\n- c. Whether the days are included in the Christmas stand-down period.Note: The definition of Christmas stand-down under section 1.3.1 provides the dates of the Christmas stand-down period.\n- 4 Subsection 15.1.11.1\n- Repeal the subsection, substitute:\n- 1. A member is on short absence – not required for duty under Chapter 5 Part 11 Division 2A for the Christmas stand-down period unless required for duty.Note 1: The definition of Christmas stand-down under section 1.3.1 provides the dates of the Christmas stand-down period.Note 2: If a day during the Christmas stand-down period is a public holiday section 15.1.10 applies.\n- 5 Subsection 15.1.11.3\n- Repeal the subsection.\n\n\n \n\n\n\n\nSchedule 2—Travel and meal allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Paragraph 4.5.9.a |\n| --- | --- |\n|  | Omit “$30.35”, substitute “$31.15”. |\n| 2 | Paragraph 4.5.9.b |\n|  | Omit “$13.90”, substitute “$14.20”. |\n| 3 | Paragraph 4.5.9.c |\n|  | Omit “$34.65”, substitute “$35.55”. |\n| 4 | Paragraph 4.5.9.d |\n|  | Omit “$59.75”, substitute “$61.30”. |\n| 5 | Subsection 7.5.24.2 (table) |\n|  | Repeal the table, substitute: |\n\n\n \n\n| Item | Column A<br>Meal period | Column B<br>Capital cities and high‑cost country centres<br>($) | Column C<br>Other locations<br>($) |\n| --- | --- | --- | --- |\n| 1. | breakfast | 34.75 | 31.15 |\n| 2. | lunch | 39.10 | 35.55 |\n| 3. | dinner | 66.65 | 61.30 |\n\n\n \n\n| 6 | Subsection 7.5.24.3 (table) |\n| --- | --- |\n|  | Repeal the table, substitute: |\n\n\n \n\n| Item | Column A<br>Meal period | Column B<br>Capital cities and high‑cost country centres<br>($) | Column C<br>Other locations<br>($) |\n| --- | --- | --- | --- |\n| 1. | breakfast | 17.40 | 15.60 |\n| 2. | lunch | 19.55 | 17.80 |\n| 3. | dinner | 33.35 | 30.65 |\n\n\n \n\n| 7 | Subsection 9.5.10.2 |\n| --- | --- |\n|  | Omit “$62.05”, substitute “$63.60”. |\n| 8 | Subparagraph 9.5.20.2.d.ii |\n|  | Omit “$12.00”, substitute “$12.25”. |\n| 9 | Paragraph 9.5.22.2.c |\n|  | Omit “$12.00”, substitute “$12.25”. |\n| 10 | Subsection 9.5.39.2 (table item 5) |\n|  | Omit “$83.85”, substitute “$85.75”. |\n| 11 | Paragraph 9.5.41.3.c |\n|  | Omit “$12.00”, substitute “$12.25”. |\n| 12 | Part 1 of Annex 9.5.A (table) |\n|  | Repeal the table, substitute: |\n\n\n \n\n| Item | Column A<br>Location | Column B<br>Brigadier or higher<br>($) | Column C<br>Colonel or lower<br>($) |\n| --- | --- | --- | --- |\n| 1. | Adelaide | 199.00 | 149.00 |\n| 2. | Brisbane | 241.00 | 181.00 |\n| 3. | Canberra | 221.00 | 166.00 |\n| 4. | Darwin<br>(April to November) | 296.00 | 222.00 |\n| 5. | Darwin<br>(December to March) | 229.00 | 172.00 |\n| 6. | Hobart | 195.00 | 146.00 |\n| 7. | Melbourne | 224.00 | 168.00 |\n| 8. | Perth | 216.00 | 162.00 |\n| 9. | Sydney | 297.00 | 223.00 |\n| 10. | High-cost country centres | See Part 2 | See Part 2 |\n| 11. | Medium-cost country centres (see Part 3) | 169.00 | 141.00 |\n| 12. | Other country centres | 155.00 | 129.00 |\n\n\n \n\n| 13 | Part 2 of Annex 9.5.A (table) |\n| --- | --- |\n|  | Repeal the table, substitute: |\n\n\n \n\n- Column ALocation Column BRate ($)\n- New South Wales\n- Albury 155.00\n- Armidale 158.00\n- Bathurst 162.00\n- Bourke 182.00\n- Broken Hill 162.00\n- Cobar 146.00\n- Coffs Harbour 181.00\n- Cooma 170.50\n- Cowra 155.50\n- Deniliquin 158.50\n- Dubbo 166.50\n- Gosford 148.00\n- Goulburn 156.00\n- Grafton 172.00\n- Griffith 159.50\n- Gunnedah 179.50\n- Leeton 163.00\n- Lismore 183.00\n- Maitland 180.50\n- Mudgee 205.50\n- Muswellbrook 160.00\n- Narrabri 147.00\n- Newcastle 177.50\n- Nowra 154.00\n- Orange 214.50\n- Port Macquarie 178.50\n- Tamworth 160.00\n- Taree 153.00\n- Tumut 147.00\n- Wagga Wagga 171.50\n- Wollongong 181.50\n- Northern Territory\n- Alice Springs (April to November) 192.00\n- Alice Springs (December to March) 187.00\n- Katherine (April to November) 219.00\n- Katherine (December to March) 218.00\n- Jabiru (April to November) 422.50\n- Jabiru (December to March) 170.50\n- Nhulunbuy (April to November) 321.50\n- Nhulunbuy (December to March) 264.00\n- Tennant Creek (April to November) 176.50\n- Tennant Creek (December to March) 149.00\n- Yulara (April to November) 611.50\n- Yulara (December to March) 507.50\n- Queensland\n- Bundaberg 171.50\n- Cairns 162.50\n- Charters Towers 156.00\n- Dalby 188.50\n- Emerald 175.50\n- Gladstone 164.00\n- Gold Coast 225.00\n- Hervey Bay 161.50\n- Innisfail 155.50\n- Kingaroy 160.00\n- Mackay 154.50\n- Maryborough 150.00\n- Mount Isa 181.50\n- Nambour 162.00\n- Rockhampton 166.50\n- Roma 181.00\n- Thursday Island 305.00\n- Toowoomba 154.00\n- Townsville 161.00\n- Warwick 154.00\n- Weipa 208.50\n- South Australia\n- Bordertown 159.50\n- Mount Gambier 156.50\n- Naracoorte 161.00\n- Port Lincoln 160.00\n- Port Pirie 161.00\n- Whyalla 164.00\n- Wilpena Pound 272.00\n- Tasmania\n- Burnie 171.50\n- Devonport 161.50\n- Launceston 158.00\n- Victoria\n- Ararat 150.00\n- Bairnsdale 175.50\n- Ballarat 164.50\n- Benalla 147.50\n- Bendigo 169.50\n- Bright 171.00\n- Castlemaine 152.50\n- Colac 152.50\n- Echuca 163.00\n- Geelong 158.50\n- Horsham 166.00\n- Mildura 170.00\n- Portland 163.00\n- Seymour 164.00\n- Shepparton 165.00\n- Swan Hill 160.00\n- Wangaratta 179.00\n- Warrnambool 174.50\n- Wodonga 154.00\n- Wonthaggi 162.50\n- Western Australia\n- Albany 180.00\n- Broome 255.00\n- Bunbury 174.00\n- Carnarvon 173.50\n- Dampier 198.50\n- Derby 148.50\n- Esperance 173.00\n- Exmouth 234.50\n- Geraldton 190.00\n- Halls Creek 203.50\n- Kalgoorlie 193.00\n- Karratha 287.50\n- Katanning 323.50\n- Kununurra 221.50\n- Newman 262.00\n- Northam 219.50\n- Port Hedland 265.50\n- External Australian Territory\n- Christmas Island (WA) 212.50\n- Horn Island (QLD) 294.00\n- Norfolk Island 255.50\n\n\n \n\n| 14 | Part 3 of Annex 9.5.A (table) |\n| --- | --- |\n|  | Repeal the table, substitute: |\n\n\n \n\n| Medium-cost country centres |\n| --- |\n| New South Wales |\n| Inverell |\n| Moree |\n| South Australia |\n| Port Augusta |\n| Tasmania |\n| Queenstown |\n| Victoria |\n| Hamilton |\n| Sale |\n\n\n \n\n| 15 | Part 4 of Annex 9.5.A (table) |\n| --- | --- |\n|  | Repeal the table, substitute: |\n\n\n \n\n| Item | Column A<br>Location | Column B<br>Breakfast<br>($) | Column C<br>Lunch<br>($) | Column D<br>Dinner<br>($) | Column E<br>Incidentals<br>($) |\n| --- | --- | --- | --- | --- | --- |\n| 1. | Capital cities and  high-cost country centres | 34.75 | 39.10 | 66.65 | 24.50 |\n| 2. | Medium-cost country centres and other country centres | 31.15 | 35.55 | 61.30 | 24.50 |\n\n\n \n\n| 16 | Part 2 of Annex 9.5.B (table) |\n| --- | --- |\n|  | Repeal the table, substitute: |\n\n\n \n\n- Item Column AAccommodation Column BCondition Column CRate ($)\n- 1. A boarding house, hotel or motel where the tariff is not all inclusive Cooking facilities are not provided 140.50\n- Cooking facilities are provided 78.67\n- 2. Rental accommodation - 78.67\n\n\n \n\n| 17 | Subsection 15.2A.27.3 (formula) |\n| --- | --- |\n|  | Omit “37.65”, substitute “38.65”. |\n\n\nSchedule 3—Payment of leave credits to a member diagnosed with a terminal illness amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 After paragraph 5.4.41.b\n- Insert:\n- c. A member who has been diagnosed with a terminal illness before ceasing continuous full-time service.\n- 2 After section 5.4.43\n- Insert:\n\n\n###### 5.4.43A Payment of leave credits to a member diagnosed with a terminal illness\n\n- 1. This section applies to a member who has been diagnosed with a terminal illness before ceasing continuous full-time service.\n- 2. The member is eligible for a payment for their leave balance if the decision maker is satisfied that making the payment is reasonable in the circumstances.Note 1: The payment amount is calculated under section 5.4.44.Note 2: There is no limit to the number of times a member can receive payment under this section.\n- 3. The amount of payment under subsection 2 can be for all or part of the member’s leave balance.\n- 4. The member's accrued leave credits and purchased recreation leave credits is reduced by the number of credits for which they received a payment under subsection 2 in the order provided in section 5.4.33A.\n- 5. In this section, the following apply.\n- Decision maker means Director General, Military Personnel Branch.\n- Leave balance means the amount of all of the following types of leave that the member has on the day the decision under subsection 2 is made.\n- a. Accrued leave credit.\n- b. Purchased recreation leave credit.\n- Note: Section 5.4.42 provides the definition of accrued leave credit and purchased recreation leave credit.\n- 3 Subsection 5.4.44.1\n- Repeal the subsection, substitute:\n- 1. This section applies to a member, other than a senior officer who transitioned, who meets any of the following.\n- a. They have elected to receive payment under paragraph 5.4.43.1.a.Note: Under Section 5.4.43 a member may elect to receive payment for their accrued leave credit and purchased recreation leave credit on ceasing continuous full-time service.\n- b. They are eligible to receive payment under 5.4.43A. Note: Section 5.4.43A provides payment to a member for their leave when they have been diagnosed with a terminal illness prior to ceasing continuous full-time service.\n\n\n \n\n\n\n\nSchedule 4—Excess baggage amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 14.4.11 |\n| --- | --- |\n|  | Repeal the section, substitute: |\n\n\n###### 14.4.11 Excess baggage\n\n- 1. A member is eligible for the cost of excess baggage that exceeds the baggage allowance under subsection 14.4.10.1 if the CDF is satisfied it is reasonable having regard to all of the following.\n- a. The nature and content of the baggage, including any special equipment being carried.\n- b. Removal arrangements under this Determination.\n- c. The duration and timing of the posting.\n- 2. For the purpose of subsection 1, all of the following apply.\n- a. The excess baggage must not exceed any of the following.\n- i. If the carrier charges for the combined weight of baggage — 45 kg of total baggage weight.\n- ii. If the carrier charges per suitcase — 3 suitcases.\n- b. The cost must not exceed the cost for excess baggage that would be payable for travel by the most direct route.\n- 3. Despite subsection 2.a, if the decision maker is satisfied global shipping and supply chain disruptions are expected to significantly impact the movement of the member’s personal effects, the excess baggage must not exceed any of the following.\n- a. If the carrier charges for the combined weight of baggage — 60 kg of total baggage weight.\n- b. If the carrier charges per suitcase — 4 suitcases.\n- 4. For the purpose of subsection 3, decision maker means any of the following.\n- a. Director Defence Print and Travel Services.\n- b. Senior ADF Representative at the overseas post.\n- c. A person not below Warrant Officer Class 2 or APS 5 who is authorised to manage Defence overseas personnel administration.\n- d. Senior Australian Signals Directorate representative not below Brigadier or SES Band 1 at the overseas post.\n- e. Assistant Director-General Customer and International Engagement Australian Signals Directorate.\n\n\n\n\n\nSchedule 5—Deployment allowance amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Subsection 17.7.6.1 (table item 5) |\n| --- | --- |\n|  | Repeal the item, substitute: |\n\n\n \n\n| 5. | KUDU | The land, territorial waters and superjacent airspace of Ukraine continuously controlled by Ukraine | 136.00 |\n| --- | --- | --- | --- |\n\n\n \n\n| 2 | Subsection 17.7.6.1 (table items 9 and 10) |\n| --- | --- |\n|  | Repeal the items. |\n\n\n \n\nSchedule 6—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 1.3.17\n- After “with the member”, insert “in the member’s housing benefit location”.\n- 2 Section 3.2.47X (definition of anniversary date)\n- Before “Division 3A”, insert “Part B”.\n- 3 Subdivision 4 of Division 4C of Part 2 of Chapter 3 (heading, second occurring)\n- Omit “Subdivision 4: Increment advancement”, substitute “Subdivision 5: Increment advancement”.\n- 4 Section 4.1.2 (definition of higher rank)\n- Repeal the definition, substitute:\n- Higher rank includes any of the following for which the duties are assessed as being equivalent to a rank higher than that held by the member directed to perform duties at a higher rank.\n- a. An APS position.\n- b. An ASD position.\n- c. A Foreign Service rank.\n- 5 Section 4.1.2\n- Insert:\n- ASD means Australian Signals Directorate.\n- 6 Section 4.1.17 (heading)\n- After “APS employee”, insert “, ASD employee”.\n- 7 Paragraph 4.1.17.1.a\n- Repeal the paragraph, substitute:\n- a. The duties of any of the following positions that has been assessed as higher duties.\n- i. An APS position.\n- ii. An ASD position.\n- 8 Subsection 4.1.17.3\n- After “APS position”, insert “or an ASD position”.\n- 9 Paragraph 4.8.6.1.b\n- Omit “$47,626.80”, substitute “$49,296.00”.\n- 10 Paragraph 6.5A.19.3.a\n- Omit “paragraph 2.b”, insert “paragraph 4.b”.\n- 11 Subsection 7.6.13.1\n- Repeal the subsection, substitute:\n- 1. A member who holds a rank in column A of the following table is eligible for a Service residence with the rent band in column B of the same item.\n\n\n \n\n| Item | Column A<br>Member’s rank | Column B<br>Rent band |\n| --- | --- | --- |\n| 1. | Corporal or lower<br>Sergeant<br>Staff Sergeant<br>Second Lieutenant<br>Lieutenant | 1 |\n| 2. | Warrant Officer Class 2<br>Warrant Officer Class 1<br>Captain | 2 |\n| 3. | Major<br>Lieutenant Colonel | 3 |\n| 4. | Colonel<br>Brigadier | 4 |\n| 5. | Major General or above | 5 |\n\n\n \n\n| 12 | Subsection 7.6.19.3 |\n| --- | --- |\n|  | Repeal the subsection, substitute: |\n| 3. | A member who holds a rank in column A of the following table is eligible for an available rent band choice home with the rent band in column B of the same item. |\n\n\n \n\n| Item | Column A<br>Member’s rank | Column B<br>Rent band |\n| --- | --- | --- |\n| 1. | Corporal or lower<br>Sergeant<br>Staff Sergeant<br>Second Lieutenant<br>Lieutenant | 1 |\n| 2. | Warrant Officer Class 2<br>Warrant Officer Class 1<br>Captain | 2 |\n| 3. | Major<br>Lieutenant Colonel | 3 |\n| 4. | Colonel<br>Brigadier | 4 |\n\n\n \n\n- 13 Subsection 7.7.13.1\n- Repeal the subsection, substitute:\n- 1. A member who occupies member’s choice accommodation has one of the following fortnightly rent ceilings.\n- a. If the member is living alone — the amount for their rank and location in Annex 7.E Part 2.1.\n- b. If the member is sharing the accommodation with another member — the amount for their rank and location in Annex 7.E Part 2.2.\n- c. If the member is sharing the accommodation with their accompanied resident family or recognised other persons under section 7.7.8 — the amount for their rank and location under one of the following.\n- i. If they live in 2-bedroom accommodation — Annex 7.E Part 1.2.\n- ii. If they live in 3-bedroom accommodation — Annex 7.E Part 1.1.\n- d. If the member is in the Navy and subsection 1A applies to them — the rent ceiling amount that applied immediately before they were posted to 2 Commando Regiment.\n- 14 Subsection 14.6.14.1\n- Omit “these costs”, insert “any of the following”.\n- 15 Subsection 14.6.14.1.b\n- Omit “these criteria”, insert “of the following”.\n- 16 Section 14.6.7\n- Repeal the section, substitute:\n\n\n###### 14.6.17 Losses if Defence withdraws from posting\n\n- 1. This section applies to a member and their dependants who have been directed to withdraw at short notice from a posting location overseas to return to Australia on a permanent basis.\n- 2. A withdrawal under this section does not include any of the following.\n- a. A withdrawal in connection with an evacuation under Division 1.\n- b. An early withdrawal of a member from a long‑term posting that is not a withdrawal at short notice.\n- 3. The member is eligible for payment of an amount for their financial losses resulting from the withdrawal that the CDF is satisfied is reasonable taking all of the following into consideration.\n- a. The circumstances in which the member leaves the long-term posting.\n- b. The length of time given to the member to leave the posting location.\n- c. The remaining period of the expected duration of the posting at the time of leaving the posting location.\n- d. The extent to which the member entered into unavoidable financial commitments in the reasonable expectation that the posting would run its full term.\n- e. Any other costs reasonably incurred by the member in the reasonable expectation that the posting would run its full term.\n- f. Any other factor relevant to the posting.\n- Note: Chapters 14, 15 and 16 continue to apply to a withdrawal under this section.\n- 4. For the purpose of this section, a withdrawal at short notice means a withdrawal from a posting location overseas that does not allow a member enough time for personal arrangements to be completed before departure in accordance with normal practice.\n- 17 Subsection 15.5.17.1\n- Omit “an chaperone”, substitute “a chaperone”.\n- 18 Section 15.6.17C\n- After “attends a”, insert “preschool, kindergarten,”.\n- 19 Before subsection 15.6.17D.1\n- Insert:\n- 1A. This section does not apply to a member who is not eligible for a compulsory tuition fee benefit under section 15.6.10 for the child.Note: The benefit under section 15.6.10 applies to the child’s usual school, not the school holiday program.\n- 20 Subsection 16.2A.3B.1\n- Omit “qualifying locations”, insert “qualifying locations.”.\n- 21 Amendments of listed provisions relating to hyphenation\n\n\n \n\n- Amendments relating to hyphenating\n- Item Provision Omit Substitute\n- 1. Section 12.3.1 (definition of Long term posting overseas) Long term Long‑term\n- 2. Paragraph 14.1.1.1.c short term short‑term\n- 3. Paragraph 15.1.2.c short term short‑term\n- 4. Section 15.8.1 long term long‑term\n\n\n \n\n\n\n\nSchedule 7—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|  | Trainee’s dependant allowance means trainee’s dependant allowance under Division 1A of Part 8 of Chapter 4 of the Defence Determination. |\n\n\n###### 2  Deployment allowance – Operation KUDU\n\n| 1. | 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 land, territorial waters and superjacent airspace of, and continuously controlled by, Ukraine on Operation KUDU between 18 June 2022 and the commencement of Schedule 5 of this Determination. |\n| --- | --- |\n\n\n \n\n| Item | Start date | End date | Daily rate |\n| --- | --- | --- | --- |\n| 1. | 18 June 2022 | 3 July 2022 | AUD 166.43 |\n| 2. | 25 April 2024 | 6 November 2024 | AUD 131.02 |\n| 3. | 7 November 2024 | The commencement of this Determination | AUD 136.00 |\n\n\n \n\n| 2. | 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 18 June 2022 and the commencement of this Determination. |\n| --- | --- |\n\n\n###### 3  Transitional – Trainee’s dependant allowance\n\n| 1. | This clause applies to a member would have been eligible for trainee’s dependant allowance had the changes made by item 9 of Schedule 6 of this Determination been in force between 1 July 2025 and the commencement of Schedule 6 of this Determination. |\n| --- | --- |\n| 2. | The member is eligible for trainee’s dependant allowance as though item 9 of Schedule 6 of this Determination been in force at the time. |\n\n\n###### 4  Transitional – School holiday programs\n\n| 1. | This clause applies to a member who was on a long-term posting overseas with their child and the child attended a preschool or kindergarten school holiday program between 19 May 2025 and the commencement of this Determination. |\n| --- | --- |\n| 2. | Division 2A of Chapter 15 Part 6 of the Defence Determination applies to the member as though the change made by items 18 and 19 of Schedule 6 of this Determination had applied at the time. |\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope as an amendment determination updating conditions of service. While it covers diverse topics (Christmas leave, allowances, terminal illness, baggage, deployment pay), these are all traditional elements of ADF conditions of service. The instrument does not expand into new policy areas beyond the established framework of Defence Determination 2016/19."},"complexity_factors":["Multiple schedules (7) addressing unrelated policy areas, requiring readers to cross-reference the parent Defence Determination 2016/19","Extensive tabular data for allowances with location-specific and rank-specific variations (e.g., 70+ locations in Annex 9.5.A with different rates for Brigadiers vs lower ranks)","Conditional commencement dates (4 different dates across the instrument)","Nested conditions in Schedule 4 (excess baggage) with exceptions for global supply chain disruptions requiring specific decision-maker authorisation","Transitional provisions with retrospective effect requiring calculation of back-payments over multiple date ranges (Schedule 7, clause 2 has 3 separate date bands for Ukraine deployment)","Cross-references to undefined sections of the parent Determination (e.g., \"Chapter 5 Part 11 Division 2A\") that assume familiarity with the structure of Defence Determination 2016/19","Technical amendments scattered throughout (Schedule 6) including definition changes, heading corrections, and grammatical fixes that require careful tracking"],"plain_english_summary":"This bill updates ADF pay and conditions: raising travel and accommodation allowances, clarifying the Christmas stand-down, standardising excess baggage and housing rules, adding a Ukraine deployment allowance with back‑pay, and fixing technical errors. Crucially, it lets members diagnosed with a terminal illness cash out accrued leave before discharge.\n\nIt affects current and recently discharged ADF members—especially those deployed, relocating, or facing terminal illness—and delivers practical, quality‑of‑life and financial protections."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument stays within the original subject matter of the Defence Determination (conditions of service) by adjusting entitlements, rates, definitions, and administrative rules. It introduces new discretionary payment powers (terminal‑illness leave payments) and new practical rules (higher excess baggage caps in supply‑chain disruption and a withdrawal‑loss entitlement), but these are modifications of benefits and decision processes rather than a shift to a materially different policy domain. In short, the measure expands and clarifies entitlements within the Determination’s existing scope rather than creating a new statutory purpose."},"complexity_factors":["Seven separate schedules with multiple topic areas (Christmas absence, travel/meal rates, leave payments, excess baggage, deployment allowances, miscellaneous policy changes, transitional rules).","Numerous numerical substitutions across many annex tables (Annex 9.5.A Parts 1–4, Annex 9.5.B Part 2) with large location lists — increases parsing and implementation complexity.","Addition of a new discretionary payment regime (section 5.4.43A) with reasonableness tests and order of leave‑credit reduction — introduces conditional logic and decision‑maker definitions.","Expanded decision‑maker lists and delegation points for excess baggage and posting withdrawals (multiple named roles across Defence and ASD).","Transitional and retrospective provisions (Operation KUDU rates across three different historical periods) requiring back‑calculation and offsetting prior payments — increases payroll and audit workload.","Multiple cross‑reference edits and consequential amendments across Chapters 5, 7, 9, 14, 15 and 17 — raises risk of inconsistency if not fully reconciled.","Rank-to-rent‑band mappings and multiple housing eligibility rules altered — requires system updates, policy guidance, and case management for member allocations.","Mixture of policy and technical edits (hyphenation, typo fixes) increases document length but has low substantive impact; still contributes to review overhead."],"plain_english_summary":"**What this instrument does, in plain English**\n\n- It changes parts of the Defence Determination 2016/19 (the rules that set pay, allowances and other employment conditions for Australian Defence Force (ADF) members). The changes are collected in seven schedules and take effect on the dates listed in the commencement table (most changes commence 14 August 2025; some travel/meal rates commence 9 October 2025). (See Commencement and Schedules.)\n\n- Key mechanical changes:\n  - Adds a specific, date-based definition of the \"Christmas stand‑down\" period and treats members as on short absence (not required for routine duty) during that period unless required for duty (new section 1.3.1 and replacement of sections 5.12.3 and related cross-references in Chapter 5 and 15). (Schedule 1)\n  - Increases a range of travel, meal and incidental allowance rates and replaces several annex tables listing location-based accommodation/meal rates. The instrument substitutes new dollar amounts for breakfast, lunch, dinner, incidentals and per-location travel subsistence rates. (Schedule 2, numerous table substitutions in Chapter 7 and Annex 9.5.A/B.)\n  - Creates a head of power allowing a member diagnosed with a terminal illness before ceasing continuous full‑time service to receive a payment for some or all of their accrued leave credits, where the decision maker (Director General, Military Personnel Branch) considers it reasonable. The rule sets how the payment is calculated and how leave balances are reduced. (New section 5.4.43A; consequential amendment to 5.4.44.) (Schedule 3)\n  - Rewrites the excess baggage entitlement to: (a) allow up to 45 kg (or 3 suitcases) as a standard cap, and (b) permit a higher cap (60 kg or 4 suitcases) if the authorised decision maker is satisfied that global shipping/supply chain disruptions will materially affect movement of personal effects. It also defines who may be the decision maker for that determination. (Replacement section 14.4.11.) (Schedule 4)\n  - Adjusts deployment allowance entries, including setting a daily rate for duty in territory of Ukraine on Operation KUDU (labelled KUDU) and removing two other table items. Transitional clauses set out retrospective rates for specified past periods of service in Ukraine. (Schedule 5 and Transitional provisions.)\n  - Miscellaneous technical and policy edits: adds Australian Signals Directorate (ASD) positions into the higher‑duties/higher‑rank assessment rules; updates housing rent‑band eligibility and ceilings by rank; creates a new provision for payment of reasonable financial losses if Defence withdraws members from an overseas posting at short notice; fixes several drafting/typo items and hyphenation; updates a salary figure and other cross‑references. (Schedule 6)\n  - Transitional clauses that (a) provide retrospective entitlement calculations and capped daily rates for ADF personnel who served on Operation KUDU between 18 June 2022 and the instrument’s commencement; (b) preserve trainee’s dependant allowance entitlements for a specified past window as though a later change had been in force; and (c) treat specified short preschool/kindergarten holiday program cases as if recent changes applied at the time. (Schedule 7)\n\n**Who is affected**\n\n- Primary: ADF members (all services and ranks) whose pay, allowances, housing, travel or leave entitlements are governed by the Defence Determination 2016/19 — including members on posting, members leaving service, those deployed to Ukraine (Operation KUDU), and members posted overseas who may be withdrawn at short notice.\n- Secondary: Dependants and recognised others where family‑related allowances or housing arrangements are adjusted; Defence administrative units that implement payments (e.g. Defence People Group, Finance, Travel Services). Some provisions name specific decision makers (e.g. Director General, Military Personnel Branch; Chief of the Defence Force (CDF) for certain approvals; Director Defence Print and Travel Services; senior ADF or ASD representatives at overseas posts). (See new section 5.4.43A and 14.4.11(4).)\n\n**Why it matters (claimed rationales and mechanical consequences)**\n\n- Claimed rationale in the instrument: update monetary rates (travel, meals, accommodation), clarify certain leave and absence rules, enable compassionate adjustments (payment of leave credit for terminally ill members), and address operational realities (excess baggage when global logistics are disrupted; retrospective recognition and fixed rates for Operation KUDU). These are presented as technical and welfare adjustments to conditions of service.\n\n- Costs: higher rates (meal/accommodation/deployment) increase Defence’s direct expenditure on allowances and reimbursements from the date(s) specified. The terminal‑illness payment introduces a discretionary cash payment that could increase one‑off outlays. Short‑notice withdrawal loss payments likewise create potential contingent liabilities.\n\n- Incentives and behaviour effects:\n  - Members diagnosed with a terminal illness may elect payment of leave credits before ceasing service instead of preserving leave at cessation; the decision is discretionary (Director General) and may alter timing of separation and financial choices. (New 5.4.43A.)\n  - Higher allowable excess baggage in declared global supply disruption scenarios reduces pressure on members to ship effects early or pay privately; who can grant the higher cap is broadened to include local senior representatives (increasing administrative discretion). (Section 14.4.11.)\n  - Raising travel/meal rates reduces out‑of‑pocket risk for members on official travel but may modestly increase demand for higher priced accommodation where reimbursements are available.\n\n- Trade‑offs and implementation risk:\n  - Administrative burden: Defence must update pay/finance systems, annex tables, travel booking and claims processes, and provide guidance about the new discretionary payments and decision‑maker roles. Records and oversight will be needed for retrospective KUDU payments. (Schedules 2, 3, 5, 7.)\n  - Discretion vs consistency: Several provisions vest substantial judgment in named decision makers (reasonableness tests for terminal‑illness payments and CDF satisfaction for excess baggage and withdrawal losses). That increases case‑by‑case decision making and requires documented criteria to avoid inconsistent outcomes and appeals. (New 5.4.43A(2); 14.6.17(3); 14.4.11(1)–(3).)\n\n- Effects on private markets and providers:\n  - Accommodation and catering providers are not directly regulated, but higher reimbursement rates may affect member choices when booking private accommodation or meals. Reimbursement rules remain based on receipts and caps, so market competition is largely unaffected; costs fall to Defence, not private parties.\n  - Excess baggage reimbursements are claim‑based; carriers are not required to change pricing. However, in the event of widespread supply disruption, allowing higher reimbursable baggage may shift demand toward air carriage of personal effects rather than sea/long‑lead shipment.\n\n**Who pays and who decides**\n\n- Payments: Defence (Commonwealth) pays the increased or new allowances, reimbursements and any terminal‑illness or withdrawal loss payments under the Defence Determination budget/finance processes. (See new payment rules in Schedules 2, 3, 6, 7.)\n- Decision makers: the instrument names and reserves decisions to a mix of roles — the CDF (for some reasonableness decisions), Director General roles (e.g. Director General, Military Personnel Branch) and local senior Defence/ASD representatives for overseas determinations (see 5.4.43A; 14.4.11(4); 14.6.17(3)).\n\n**Immediate operational steps required**\n\n- Update payroll and claims systems with the new dollar amounts and annex tables. (Schedule 2.)\n- Issue internal guidance specifying evidentiary standards and processes for (a) terminal‑illness leave payments, (b) higher excess baggage approvals during supply disruptions, and (c) withdrawals at short notice. (Schedules 3, 4, 6.)\n- Implement transitional payment calculations and back payments for Operation KUDU where applicable. (Schedule 7.)\n\n**Selected section references for quick checking**\n- Christmas stand‑down: new section 1.3.1 and replacement of 5.12.3 and related cross‑references (Schedule 1).\n- Travel/meal and location rates: Schedule 2 (replacements in 7.5.24, Annex 9.5.A/B, Part 4 of Annex 9.5.A, etc.).\n- Terminal‑illness leave payment: new section 5.4.43A and consequential change to 5.4.44 (Schedule 3).\n- Excess baggage caps and decision makers: replacement section 14.4.11 (Schedule 4).\n- Deployment allowance KUDU rates and transitional payments: Schedule 5 and Schedule 7 (transitional provisions).\n- Withdrawal losses from overseas posting: new section 14.6.17 (replacement of 14.6.7) (Schedule 6).\n\n(Details of every substituted table and figure are in Schedules 2 and 6. This summary identifies the practical effects and administrative levers; consult the specific substituted clauses and annex tables for line‑by‑line rates and location lists.)"},"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-no-13-2025","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-13-2025/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-13-2025/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-13-2025/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-13-2025/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-13-2025/documents"}}