{"id":"F2025L00487","name":"Defence Determination, Conditions of service Amendment Determination (No. 4) 2025","slug":"defence-determination-conditions-of-service-amendment-determination-no-4-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442808,"registerId":"F2025L00487-fast-fetch-1775957741434","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. 4) 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. 4) 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 8 April 2025\n\nSarah 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—Housing amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Post index location, benchmark schools and hardship location amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 3—Miscellaneous (directly conferred powers) amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 4—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 5—Transitional provisions\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment Determination (No. 4) 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 Schedule 1 to 5. 10 April 2025\n\n\nNote:  This table relates only to the provisions of this instrument as originally made.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—Housing amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Subsection 7.6.23.3 (table item 1, column titled Appointment residence) |\n| --- | --- |\n|  | Omit “Ashgrove”, substitute “Enoggera”. |\n| 2 | Subsection 7.6.23.3 (table item 2) |\n|  | Repeal the table item, substitute: |\n\n\n \n\n| 2. | Adelaide | Commander Air Warfare Centre (CDRAWC) | 14 Gowland Street, Broadview |\n| --- | --- | --- | --- |\n\n\n \n\n| 3 | Paragraph 7.8.46.1.c |\n| --- | --- |\n|  | Repeal the paragraph. |\n\n\n \n\nSchedule 2—Post index location, benchmark schools and hardship location amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 12.3.B (after table item 33) |\n| --- | --- |\n|  | Insert: |\n\n\n \n\n| 33A. | NORWAY | Oslo |\n| --- | --- | --- |\n\n\n \n\n| 2 | Annex 12.3.B (after table item 50) |\n| --- | --- |\n|  | Insert: |\n\n\n \n\n| 50A. | UKRAINE | Kyiv |\n| --- | --- | --- |\n\n\n \n\n \n\n| 3 | Annex 15.6.A (after table item 27) |\n| --- | --- |\n|  | Insert: |\n\n\n \n\n| 28. | Norway | – | Oslo International School | Oslo International School | Oslo International School |\n| --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 4 | Annex 16.B (after table item 10) |\n| --- | --- |\n|  | Insert: |\n\n\n \n\n| 10AA. | Eritrea | – | – | – | – | – |\n| --- | --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 5 | Annex 16.B (after table item 48) |\n| --- | --- |\n|  | Insert: |\n\n\n \n\n| 48A. | Somalia | – | – | – | – | – |\n| --- | --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 6 | Annex 16.B (after table item 49B) |\n| --- | --- |\n|  | Insert: |\n\n\n \n\n| 49C. | South Sudan | – | – | – | – | – |\n| --- | --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 7 | Annex 16.B (after table item 50) |\n| --- | --- |\n|  | Insert: |\n\n\n \n\n| 50A. | Sudan | – | – | – | – | – |\n| --- | --- | --- | --- | --- | --- | --- |\n\n\n \n\n| 8 | Annex 16.B (after table item 57) |\n| --- | --- |\n|  | Insert: |\n\n\n \n\n| 57A. | Ukraine | 12 | London (1) | Warsaw (1) | 4 | Yes |\n| --- | --- | --- | --- | --- | --- | --- |\n\nSchedule 3—Miscellaneous (directly conferred powers) amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Subsection 5.11.9.2\n- Repeal the subsection, substitute:\n- 2. The member is eligible for short absence for removal purposes up to the limits provided under section 5.11.10 if the CDF is satisfied it is reasonable.\n- 2 Section 5.11.10\n- Omit “decision-maker” (wherever occurring), substitute “CDF”.\n- 3 Subsection 7.7.12.2\n- Omit “a Defence Housing Australia decision-maker”, substitute “the CDF”.\n- 4 Subsection 9.7.5.2 (note)\n- Omit “the decision-maker”, substitute “the CDF”.\n- 5 Section 15.1.3 (definition of dangerous recreational activity, paragraph m)\n- Omit “the dangerous recreational activity decision maker”, substitute “the CDF”.\n- 6 Amendments of listed provisions—decision maker\n- Omit “decision maker”, substitute “CDF” in the following provisions.\n- a. Subsection 2.2.5.1A.\n- b. Subsection 2.2.5.1B.\n- c. Subsection 3.2.47AA.1.\n- d. Subsection 3.2.47AA.3.\n- e. Subsection 5.4.22.1.\n- f. Paragraph 6.5.78.1.b.\n- g. Paragraph 6.5.78.2.c.\n- h. Subsection 6.5.79.3.\n- i. Paragraph 6.5.80.2.d.\n- j. Subsection 6.5.81.5.\n- k. Paragraph 6.5.83A.5.b.\n- l. Paragraph 6.5.83B.1.a (wherever occurring).\n- m. Subsection 7.3.13.2 (note).\n- n. Paragraph 7.6.41B.2.a.\n- o. Subsection 7.6.59C.2.\n- p. Paragraph 7.8.5AA.2.b.\n- q. Paragraph 12.8.3.1.f.\n- r. Paragraph 12.8.4.2.a.\n- s. Paragraph 12.8.5.2.c.\n- t. Subsection 12.8.6.1.\n- u. Paragraph 12.8.6.2.b.\n- v. Subsection 12.8.7.2.\n- w. Paragraph 12.8.8.2.c.\n- x. Subsection 12.8.13.3.\n- y. Subsection 14.2.14.3.\n- z. Subsection 14.2.15.3.\n- za. Paragraph 15.3.17G.1.b.\n- 7 Amendments of listed provisions—The CDF\n- Omit “A Defence Housing Australia decision-maker”, substitute “The CDF” in the following provisions.\n- a. Section 7.7.4.\n- b. Subsection 7.7.12.1.\n- 8 Amendments of listed provisions—repeals\n- Repeal the following provisions.\n- a. Subsection 2.2.5.1C.\n- b. Subsection 3.2.47AA.5.\n- c. Subsection 5.4.22.4.\n- d. Section 6.5.76A.\n- e. Subsection 6.5.78.3.\n- f. Subsection 6.5.83B.4.\n- g. Subsection 7.6.41B.3.\n- h. Subsection 7.6.59C.4.\n- i. Section 7.7.3, definition of Defence Housing Australia decision-maker.\n- j. Section 7.8.5AA.4.\n- k. Section 12.8.2, definition of decision maker.\n- l. Section 14.2.12, definition of decision maker.\n- m. Section 15.1.3, definition of dangerous recreational activity decision maker.\n- n. Subsection 15.3.17G.3.\n\n\n \n\nSchedule 4—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 1.3.1 (definition of member, note 2)\n- Repeal note 2, substitute:\n- Note 2: Section 1.2.1 restricts the application of the Determination to members on continuous full‑time service, unless otherwise specified.\n- 2 At the end of subsection 1.3.20.1\n- Add:\n- Note: If all of the member’s resident family are children, this subsection is displaced by subsection 2.\n- 3 After paragraph 1.3.20.2.b\n- Insert:\n- c. The member has applied for recognition of the child as unaccompanied resident family on the approved form.\n- d. The child meets the criteria for a type of unaccompanied resident family in Subdivision 4: Types of unaccompanied resident family.\n- 4 Subsection 2.3.22.1\n- Omit “apply”, substitute “applies”.\n- 5 Subsection 3.2.47K.2\n- Omit “the following apply”, substitute “all of the following apply.”.\n- 6 Paragraph 3.2.47K.2.b\n- Omit “the relevant”, substitute “one”.\n- 7 Annex 3.2.B Part 1 (table item 8)\n- Repeal the table item.\n- 8 Annex 3.2.B Part 2 (table items 18 to 20)\n- Repeal the table items.\n- 9 Section 6.5.10\n- Repeal the section, substitute:\n\n\n###### 6.5.10 Limitations on removals\n\n- The removal of the following items is limited by the specified conditions.\n- a. A small boat, canoe, kayak or other small watercraft must be no longer than 5.7m and no heavier than 51kg.\n- b. A larger boat capable of being carried on a trailer must be a towable item.\n- c. A lawn locker or tool shed that must be dismantled and packed securely by the member.\n- d. A motor bike, trail bike or mini-bike must meet all of the following.\n- i. It has been drained of all petrol and oil.\n- ii. It has been packed and crated by the member.\n- 10 Subsection 7.5.9.3\n- Repeal the subsection, substitute:\n- 3. For the purpose of subsection 2, the period of eligibility for temporary accommodation is any of the following.\n- a. At the losing location — up to 3 nights.\n- b. At the gaining location — the period for the member’s furniture and effects to be delivered to a dwelling or storage at the location.\n- 11 Section 7.6.61\n- Repeal the section, substitute:\n\n\n###### 7.6.61 Member keeps a Service residence at a losing location\n\n- A member is eligible to remain a Service residence in the losing location until one of the following applies.\n- a. If the member is delaying removal to the new primary service location for Service reasons — until the Service reason ends.\n- b. If the member is delaying removal until they can get a door-to-door removal — until uplift and final inspection.\n- c. If the member has unaccompanied resident family and no accompanied resident family and the members unaccompanied resident family remain in the losing location — until the earlier of the following.\n- i. The end of the posting period.\n- ii. When the member's unaccompanied resident family live with the member at the members housing benefit location.\n- 12 Subsection 7.8.17A.1\n- Omit “has resident family”, substitute “has unaccompanied resident family”.\n- 13 Subsection 9.1.7.2\n- Repeal the subsection, substitute:\n- 2. If a member travels by means that are not the most economical then the member is eligible for one of the following.\n- a. For travel by means that are cheaper than the most economical means — the actual cost of their journey.\n- b. For travel by means that are more expensive than the most economical means — up to the amount of the normal departmental liability.\n- 14 Section 9.3.41\n- Repeal the section, substitute:\n\n\n###### 9.3.41 Period of eligibility\n\n- Eligibility for a benefit under this Division commences on one of the following.\n- a. If the student departs the remote location to attend school — the date of departure from the remote location.\n- b. If the student does not accompany the member to the remote location — the later of the following.\n- i. The day the member departs for the remote location.\n- ii. The day the member’s resident family depart for the remote location.\n- 15 Paragraph 15.3.35.4.b\n- Repeal the paragraph, substitute:\n- b. If the travel is to a location outside of Australia, the lesser of the following amounts, but not less than $0.\n- i. The cost of the fares paid for the travel.\n- ii. The cost of the travel calculated using the following formula.\n- Start formula cost of travel equals A minus B end formula\n- Where:\n- A is the allowable travel cost from the overseas posting location to the overseas location of the close relative and return.\n- B is the allowable travel cost from Sydney, Australia to the overseas location of the close relative and return.\n- 16 Amendment of listed provisions\n\n\n \n\n| Item | Provision | Omit | Substitute |\n| --- | --- | --- | --- |\n| 1. | Section 6.1A.2 (definition Essential household item | all the following | all of the following |\n| 2. | Section 6.1A.2 (definition Family court | the following | any of the following |\n| 3. | Section 6.1.4 | if they are in either of the following situations | if one of the following applies |\n| 4. | Paragraph 6.1.4.a | both the following conditions | all of the following |\n| 5. | Paragraph 6.1.4.b | all the following conditions | all of the following |\n| 6. | Section 6.1.10 | both the following | all of the following |\n| 7. | Subsection 6.1.13.1 | either of these conditions | any of the following |\n| 8. | Paragraph 6.1.13.1.b | where either of these conditions | where any of the following |\n| 9. | Subsection 6.1.15.2 | if the following conditions | if all of the following |\n| 10. | Subsection 6.1.17.1 | all these criteria are | all of the following are |\n| 11. | Section 6.1.18 | either |  |\n| 12. | Subsection 6.1.27.1 | the following criteria | all of the following |\n| 13. | Subsection 6.1.27.3 | the following | all of the following |\n| 14. | Section 6.5.6 | the following apply | one of the following applies |\n| 15. | Subsection 6.5.12.2 | either | any |\n| 16. | Subsection 6.5.12A.2 | Both of these conditions | All of the following |\n| 17. | Subsection 6.5.12A.3 | of these two amounts | of the following |\n| 18. | Subsection 6.5.13.1 | all of these criteria | all of the following |\n| 19. | Subsection 6.5.13.2 | either | any |\n| 20. | Subsection 6.5.13.3 | both of these criteria | all of the following |\n| 21. | Subsection 6.5.14.4 | both | all |\n| 22. | Subsection 6.5.15.1 | either of these reasons | any of the following |\n| 23. | Subsection 6.5.15.2 | either of these | any of the following |\n| 24. | Subsection 6.5.16.3 | the following | any of the following |\n| 25. | Subsection 6.5.19A.3 | to the following | to all of the following |\n| 26. | Subsection 6.5.19A.4 | both of the following locations | all of the following |\n| 27. | Subsection 6.5.28.2 | either of the following conditions | any of the following |\n| 28. | Paragraph 6.5.28.2.b | both the following | all of the following |\n| 29. | Paragraph 6.5.52.1.b (table item 3, column titled then the member is eligible for the storage of…) | both | all |\n| 30. | Paragraph 6.5.52.1.b (table item 5, column titled then the member is eligible for the storage of…)) | both the following | all of the following |\n| 31. | Subsection 6.5.52.3 | the following | all of the following |\n| 32. | Section 6.5.58 | in either of these circumstances | if any of the following apply |\n| 33. | Subsection 6.5.59.1 | these dates | the following dates |\n| 34. | Subsection 6.5.60.1 | both of these criteria | all of the following |\n| 35. | Subsection 6.5.60.3 | these two dates | the following dates |\n| 36. | Subsection 6.5.62.3 | both of these criteria | all of the following |\n| 37. | Subsection 6.5.62.6 | both of these criteria | all of the following |\n| 38. | Section 6.5.63 | either (wherever occurring) | any |\n| 39. | Subsection 6.5.66.1 | either of these circumstances applies to them | any of the following apply |\n| 40. | Subsection 6.5.68.2 | both of the following conditions | all of the following |\n| 41. | Paragraph 6.5.86.3.c | the following | all of the following |\n| 42. | Subsection 6.5A.3.1 | the following | all of the following |\n| 43. | Section 6.5A.6 | either |  |\n| 44. | Subsection 6.5A.14.1 | the following | all of the following |\n| 45. | Subsection 6.5A.17.1 | the following | all of the following |\n| 46. | Subsection 6.5A.20.1 | the following | all of the following |\n| 47. | Subsection 6.6.3.3 | either of these | any of the following |\n| 48. | Section 7.1.14 (definition of rent) | both the following | all of the following |\n| 49. | Paragraph 7.1.23.3.b | the following | any of the following |\n| 50. | Subsection 7.2.11.4 | the following factors | all of the following |\n| 51. | Paragraph 7.2.12.1.f | Both | All |\n| 52. | Subsection 7.2.15.3 | all the following | all of the following |\n| 53. | Subsection 7.3.15.2 | the following | any of the following |\n| 54. | Subsection 7.3.23.3 | the following | all of the following |\n| 55. | Subsection 7.3.27.2 | both | all |\n| 56. | Subsection 7.3.31.5 (definition of Professional fees and disbursements) | both | all |\n| 57. | Paragraph 7.4.8.1.e | either |  |\n| 58. | Paragraph 7.4.9.2.a | either | any |\n| 59. | Section 7.4.10.1 | all the following conditions | all of the following |\n| 60. | Subsection 7.4.13.2 | either | any |\n| 61. | Subsection 7.4.13.3 | the following | all of the following |\n| 62. | Subsection 7.4.13.5 | The following | All of the following |\n| 63. | Subsection 7.4.14.2 | the following | any of the following |\n| 64. | Paragraph 7.4.27A.3 | the following periods | one of the following periods |\n| 65. | Paragraph 7.4.27A.3.b | either | one |\n| 66. | Subsection 7.4.27A.4 | either | one |\n| 67. | Subsection 7.4.27B.2 | of the following conditions | of the following |\n| 68. | Paragraph 7.4.27B.2.b | either | one |\n| 69. | Subsection 7.4.27B.4 | either | one |\n| 70. | Subsection 7.4.27C.1 | both of the following criteria | all of the following |\n| 71. | Subsection 7.4.27C.1.a | either of the following sections | one of the following |\n| 72. | Subsection 7.4.30.2 (table item 2, column B) | Both | All |\n| 73. | Subsection 7.4.30.2 (table item 5, column B) | Both | All |\n| 74. | Subsection 7.4.31.2 | The following | All of the following |\n| 75. | Section 7.4.33 (table items 1 and 2) | either or both | any |\n| 76. | Subsection 7.4.36.2 | both these conditions | all of the following |\n| 77. | Subsection 7.4.42.3 | The following | Any of the following |\n| 78. | Subsection 7.4.47.2 | This table shows the following | The table below provides all of the following |\n| 79. | Paragraph 7.4.48.1.b | the following | all of the following |\n| 80. | Section 7.4.A.2 | the following things | all of the following |\n| 81. | Subsection 7.4.A.6.4 | either of the following actions | any of the following |\n| 82. | Subsection 7.4.A.8.2 | the following specific conditions | all of the following |\n| 83. | Subsection 7.4.A.16.2 | the following | any of the following |\n| 84. | Subsection 7.4.A.16.4 | the following | all of the following |\n| 85. | Subsection 7.4.A.18.3 | The following arrangements | All of the following |\n| 86. | Subsection 7.4.A.25.1 | the following | all of the following |\n| 87. | Section 7.5.7 | both of the following conditions | all of the following |\n| 88. | Subsection 7.5.19.1 | both these conditions | all of the following |\n| 89. | Subsection 7.5.22.2 | the following | all of the following |\n| 90. | Subsection 7.5.22.2A | the following | any of the following |\n| 91. | Subsection 7.5.22.3 | both the following criteria | all of the following |\n| 92. | Subsection 7.5.23.2 | all these criteria | all of the following |\n| 93. | Subsection 7.5.24.2 | either | one |\n| 94. | Subsection 7.5.24.3 | either | one |\n| 95. | Section 7.6.3 (definition of Surplus Service residence) | both the following | all of the following |\n| 96. | Subsection 7.6.4.1 | all these conditions | all of the following |\n| 97. | Paragraph 7.6.4.1.a | either of these | one of the following |\n| 98. | Subsection 7.6.6.2 | these criteria | all of the following |\n| 99. | Subsection 7.6.27.1 | either | any |\n| 100. | Subsection 7.6.27.3 | either | any |\n| 101. | Subsection 7.6.33.4 | either |  |\n| 102. | Subsection 7.6.33.5 | the following | all of the following |\n| 103. | Subsection 7.6.33.6 | all the following | all of the following |\n| 104. | Subsection 7.6.34.2 | any of these reasons | any of the following |\n| 105. | Paragraph 7.6.34.2.c | all the following | all of the following |\n| 106. | Subsection 7.6.37.4 | residence. This rent is set in either of these ways | residence, as set by one of the following |\n| 107. | Subsection 7.6.38.1 | all the following conditions | all of the following |\n| 108. | Subsection 7.6.39.1 | both the following conditions | all of the following |\n| 109. | Section 7.6.40 | the following | any of the following |\n| 110. | Subsection 7.6.41.1 (table item 5, column A) | both | all |\n| 111. | Subsection 7.6.41.1 (table item 6, column C) | Both | All |\n| 112. | Subsection 7.6.41.2 | both | all |\n| 113. | Section 7.6.42 (table item 1, column B) | either or both of the following events | any of the following. |\n| 114. | Section 7.6.42 (table item 2, column B) | either or both of the following events | any of the following |\n| 115. | Subsection 7.6.48.1 | both of these conditions | all of the following |\n| 116. | Subsection 7.6.48.4 | both the following arrangements | all of the following |\n| 117. | Subsection 7.6.50.2 | the following | any of the following |\n| 118. | Paragraph 7.6.55A.1.b | Either | Any |\n| 119. | Paragraph 7.6.55A.3.b | are either | is one |\n| 120. | Subsection 7.6.55A.5 | either | one |\n| 121. | Paragraph 7.6.55B.2.b | are either | is one |\n| 122. | Subsection 7.6.55B.4 | the following | one of the following |\n| 123. | Subsection 7.6.55C.1 | both of the following criteria | all of the following |\n| 124. | Paragraph 7.6.55C.1.a | either of the following sections | one of the following |\n| 125. | Subsection 7.6.58.1 | who does both the following | if all of the following apply |\n| 126. | Paragraph 7.6.63.2.b | the following criteria | all of the following |\n| 127. | Section 7.7.4 | both these conditions | all of the following |\n| 128. | Subsection 7.7.5.2 | either | any |\n| 129. | Subsection 7.7.13.1 (table item 3, column B) | in either of the following references | under one of the following |\n| 130. | Section 7.7.13.1A. | the following criteria | all of the following |\n| 131. | Paragraph 7.7.14.2.b (table item 3, column B) | either | one |\n| 132. | Paragraph 7.7.14.2.b (table item 4, column B) | either | one |\n| 133. | Paragraph 7.7.14A.3.b | are either | is one |\n| 134. | Subsection 7.7.14A.4 | either | one |\n| 135. | Subsection 7.7.14B.2 | the following conditions | the following |\n| 136. | Paragraph 7.7.14B.2.b | either | one |\n| 137. | Subsection 7.7.14B.4 | either | one |\n| 138. | Subsection 7.7.14C.1 | both of the following criteria | all of the following |\n| 139. | Paragraph 7.7.14C.1.a | either of the following sections | one of the following |\n| 140. | Subsection 7.7.16.4 | either |  |\n| 141. | Subsection 7.7.22.3 | either | one |\n| 142. | Subsection 7.8.5B.2 | The following | All of the following |\n| 143. | Subsection 7.8.6.4 | for either of these reasons | if any of the following apply |\n| 144. | Paragraph 7.8.11A.c | both | all |\n| 145. | Section 7.8.18 (table item 1, column B) | either or both of the following events | any of the following |\n| 146. | Section 7.8.18 (table item 2, column B) | either or both of the following events | any of the following |\n| 147. | Paragraph 7.8.18A.3.b | are either | is one |\n| 148. | Subsection 7.8.18A.4 | either | one |\n| 149. | Paragraph 7.8.18B.2.b | are either | is one |\n| 150. | Subsection 7.8.18B.4 | either | one |\n| 151. | Subsection 7.8.18C.1 | both of the following criteria | all of the following |\n| 152. | Paragraph 7.8.18C.1.a | either of the following sections | one of the following |\n| 153. | Subsection 7.8.20.1 | both these conditions | all of the following |\n| 154. | Subsection 7.8.22.2 | either | any |\n| 155. | Subsection 7.8.23.1 | either | any |\n| 156. | Subsection 7.8.26.1 | both of these conditions | all of the following |\n| 157. | Subsection 7.8.27.4 | either |  |\n| 158. | Subsection 7.8.35A.1 | both the following conditions | all of the following |\n| 159. | Subsection 7.8.38.3 | take both these steps | do all of the following |\n| 160. | Subsection 7.8.47.2 | the following | any of the following |\n| 161. | Subsection 7.9.6.4 | both the follow conditions | all of the following |\n| 162. | Subsection 7.10.4.1 | the following | any of the following |\n| 163. | Annex 7.D Part 1 | either | one |\n| 164. | Annex 7.D Part 2 | either | one |\n| 165. | Section 7.11.2 | either | one |\n\n\n \n\nSchedule 5—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 – Ukraine\n\n| 1. | This clause applies to a member who was on long-term posting overseas to Ukraine between 1 April 2025 and the commencement of this Determination. |\n| --- | --- |\n| 2. | The member is eligible for benefits provided by the Defence Determination that they would have been eligible for had the changes made by items 2 and 8 of Schedule 2 been in effect at the time of their posting to Ukraine. |\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"These amendments stay within the established scope of the Defence Determination (Conditions of service): they adjust who exercises particular powers, update location/hardship entries, and refine entitlements and eligibility rules. The Determination does not expand into new subject matter outside conditions of service, although the centralisation of decision‑making to the CDF alters the internal governance allocation of authority within that existing scope (Schedule 3). That shift affects who legally decides under the Determination but does not add substantive new types of entitlement beyond typical conditions‑of‑service adjustments."},"complexity_factors":["Five schedules with distinct subject matter (housing; post index/benchmark schools/hardship; directly conferred powers; miscellaneous text and entitlement changes; transitional rules)","Large number of precise textual edits (dozens of table insertions, repeals and substitutions)","Centralisation of decision‑making: replacement of 'decision‑maker'/'DHA decision‑maker' with 'the CDF' across 30+ listed provisions (Schedule 3)","Widespread standardisation of logical language (Schedule 4 item 16) affecting ~165 listed provisions (replacing 'either/both' with 'any/all/one') which materially changes eligibility logic","Multiple cross‑references to the base instrument Defence Determination 2016/19 — requires reading amended text in context","Technical substantive rule changes (removals limits, temporary accommodation rules, travel reimbursement formula) with operational detail","Insertions into annex tables (post index, benchmark schools, hardship tables) that have downstream effects on allowances and entitlements","Transitional clause with retroactive application for certain Ukraine postings (requires record checks over a specified date range)","Commencement split: formal instrument provisions commence on registration; schedules commence on a later date (10 April 2025), increasing implementation sequencing complexity"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Amends the Defence Determination 2016/19 (Conditions of service) by updating a set of housing, posting, hardship, decision‑making and miscellaneous provisions. The amendments take effect on 10 April 2025 for the schedules (except the formal items which take effect on registration).\n\n- Schedule 1 (Housing): changes a named appointment residence from Ashgrove to Enoggera, updates a Commander Air Warfare Centre appointment address in Adelaide (14 Gowland Street, Broadview) and removes paragraph 7.8.46.1.c.\n\n- Schedule 2 (Post index, benchmark schools, hardship locations): inserts Norway (Oslo) and Ukraine (Kyiv) into the post‑index listing; adds Oslo International School as a benchmark school entry for Norway; inserts a set of countries into the hardship locations annex (Eritrea, Somalia, South Sudan, Sudan) and adds a Ukraine hardship entry with associated numeric and benchmark references (Annex 16.B item 57A: \"Ukraine | 12 | London (1) | Warsaw (1) | 4 | Yes\").\n\n- Schedule 3 (Directly conferred powers): replaces multiple occurrences of delegated or agency decision‑maker references (for example references to \"decision‑maker\" and \"a Defence Housing Australia decision‑maker\") with \"the CDF\" (Chief of the Defence Force) across many provisions, and repeals a number of provisions that previously defined or created delegated decision roles. It also rewords subsection 5.11.9.2 so that short absence for removal purposes is available up to subsection 5.11.10 limits if the CDF is satisfied it is reasonable.\n\n- Schedule 4 (Miscellaneous): a range of textual and substantive changes, including:\n  - Clarifying that the Determination generally applies to members on continuous full‑time service unless otherwise specified.\n  - New or clarified rules about recognition of unaccompanied resident family children and how that is applied.\n  - Limits on removals of certain personal items (e.g. small boats limited by length/weight; trailerable boats; packing/crating requirements for motorbikes; lawn lockers requiring member dismantle/pack).\n  - Revised rules for temporary accommodation eligibility (explicit night limits at losing location and link to delivery time at gaining location).\n  - Rules allowing a member to remain in a Service residence at the losing location in specified circumstances (delay for Service reasons, waiting for door‑to‑door removal, or where only unaccompanied resident family remain at losing location — with specified end points).\n  - Travel entitlement adjustments when a member uses a means that is not the most economical (payment limited to either actual cheaper cost or capped at the departmental liability for more expensive travel).\n  - Clarified start dates for remote student benefits.\n  - A revised formula for calculating overseas close‑relative travel reimbursement when travel is from overseas posting locations.\n  - A widespread set of textual standardisations replacing \"either/both\" language with consistent \"any/all/one\" phrasing across scores of clauses — changing how logical tests operate in many eligibility and condition clauses.\n\n- Schedule 5 (Transitional): grants transitional benefit treatment to members who were on long‑term posting to Ukraine between 1 April 2025 and the Determination's commencement so they receive the benefits they would have gotten had the Schedule 2 Ukraine changes been in effect at the time of posting.\n\nWho is affected\n\n- Members of the Australian Defence Force (ADF) on continuous full‑time service and their resident families (including unaccompanied children) — changes affect housing entitlements, removal and storage rules, temporary accommodation eligibility, travel reimbursements and remote student benefits.\n- Members posted to or from the newly listed locations (Norway/Oslo and Ukraine/Kyiv), and those posted to or associated with the newly listed hardship countries (Eritrea, Somalia, South Sudan, Sudan, Ukraine) — these entries will affect post indexing, benchmark school recognition and hardship allowances or entitlements.\n- Defence Housing Australia (DHA) and other agency decision‑makers: numerous delegations to DHA or to generic \"decision‑makers\" are replaced by an explicit power or role for the CDF, changing who formally exercises particular discretionary powers.\n- Removal and travel service providers: the new limits and packing requirements for items such as boats and motorbikes, and tightened travel reimbursement rules, will change invoicing and claim outcomes.\n\nWhy it matters (practical effects, incentives, trade‑offs, and costs)\n\n- Centralisation of decision authority to the CDF (Schedule 3): a large number of powers that previously rested with a named decision‑maker or a DHA decision‑maker are reallocated to \"the CDF.\" Mechanically this concentrates formal authority. That changes who gives approvals, who bears final administrative responsibility, and who is the target for legal review or internal accountability. It may reduce the operational autonomy of DHA and other delegated officers but does not change the substantive entitlements on their face. (See Schedule 3 items 2–7 and the list of amended provisions.)\n  - Incentives/costs: concentrating decisions at a single high‑level official can increase central accountability but may create processing bottlenecks or require the CDF to delegate operationally (which is not elaborated here). It may shift administrative workload and require publication of new delegations or internal procedures.\n\n- Changes to postings, benchmark schools and hardship listings (Schedule 2): adding Norway and Ukraine to the post index and adding several hardship countries can trigger eligibility for allowances, mobility planning and education benefits for affected members and families. The transitional clause (Schedule 5) provides retroactive benefit treatment for some Ukraine postings.\n  - Incentives/costs: adding hardship locations typically increases pay or benefit costs for the Department where members are posted to or from those locations; it also changes choice incentives for members (may make postings to those locations more attractive/compensated). The instrument does not itself appropriate funds; budgetary effects follow from applying the Determination's entitlements.\n\n- Revisions to removal, temporary accommodation and travel rules (Schedule 4): specific size/weight and packing requirements narrow what the Department will accept for removal; temporary accommodation eligibility is more tightly defined; travel reimbursement when members choose non‑economical means is capped.\n  - Incentives/costs: members bear more responsibility for preparing certain items (e.g. crating motorbikes, dismantling lawn lockers). Travel cost caps create an incentive to choose economical travel; when members choose more expensive travel they may be out of pocket up to the departmental liability limit. For service providers, clearer technical limits reduce disputes but may reduce revenue from certain bespoke moves.\n\n- Widespread textual standardisation (Schedule 4 item 16): changing \"either/both\" to \"any/all/one\" and similar reforms across hundreds of references will alter the logical thresholds in many clauses. Some tests may be broadened; others narrowed — the effect is clause‑specific and must be read against each replaced provision.\n  - Implementation risk: the practical legal effect depends on how courts or review bodies interpret the new quantifiers against the rest of each clause. Administrative guidance and training for decision makers will be required to avoid inconsistent application.\n\n- Who pays: the Commonwealth pays allowances, travel reimbursements and removal costs as set in the Determination. Where entitlements are limited by the new rules, the member bears the excess cost (for example, choosing a more expensive travel means than the most economical option).\n\n- Who decides: the CDF is explicitly the decision authority in many places where previously an agency decision‑maker or DHA decision‑maker was named. Operationally the CDF will likely rely on written delegations or staff to act, but the legal responsibility is concentrated on that office.\n\n- Behaviour changes expected: members may change packing and travel choices to remain within departmental liability; posting considerations (acceptance/selection) may be affected by newly listed hardship locations; families may apply (or reapply) for recognition of unaccompanied resident family children under clarified rules; DHA and other teams will need to adjust to the reallocated decision‑making map.\n\nCompliance, administrative and legal risks\n\n- Administrative burden: many parts of the Department will need to update templates, forms and guidance (e.g. unaccompanied family application forms, removal checklists, travel claim forms) and ensure staff understand the new decision‑making lines and quantifier changes.\n\n- Bureaucratic discretion & accountability: centralising decision power to the CDF increases formal discretion at the statutory head but the instrument does not detail new delegation mechanisms; without clear delegations it could create delays or legal uncertainty about who actually makes day‑to‑day decisions.\n\n- Implementation risk from wording changes: the mass replacement of logical terms (either/both → any/all/one) can produce unintended narrowing or widening of eligibility across many entitlements; that risk requires careful application notes and possibly further amendments if inconsistencies arise.\n\nNet effect summary\n\n- The Determination updates specific location and housing entries, adds several hardship countries and school benchmarks, tightens some removal/travel technical rules, and substantially reassigns decision‑making labels to the CDF. The changes are technical and operational in nature but have measurable effects on who decides, how members claim certain entitlements, and on the Department's administrative workload.\n\n(References: authority is section 58B of the Defence Act 1903; see Schedules 1–5 of the Defence Determination, Conditions of service Amendment Determination (No. 4) 2025.)"},"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":"This amendment remains within the original scope of Defence Determination 2016/19, which governs ADF conditions of service. While it adds new geographic locations (Ukraine, Norway) and centralises decision-making powers, these are evolutionary changes within the existing framework rather than expansion into new policy areas. The mass technical amendments in Schedule 4 are purely clarifying and do not alter substantive scope."},"complexity_factors":["Length: Moderate (5 schedules, approximately 170+ individual amendments)","Structural complexity: Mix of substantive changes (housing, locations) and mass technical amendments (Schedule 4 has 165+ items standardising language)","Cross-references: Heavy reliance on Defence Determination 2016/19 (the principal instrument) - every amendment references specific sections, subsections and annexes of that Determination","Conditional logic: Some nested conditions in transitional provisions and eligibility rules, but generally straightforward","No defined terms section in this amending instrument itself - relies entirely on definitions in the principal Determination","Multiple amendment types: Substitutions, repeals, insertions, and omnibus 'omit X wherever occurring' changes"],"plain_english_summary":"This law updates pay, housing, travel and other working-condition rules for full‑time ADF members. It adds Norway (Oslo) and Ukraine (Kyiv) as recognised posting locations, designates new hardship locations and allowances (including a high hardship rating for Ukraine), centralises many housing and travel decisions to the Chief of the Defence Force, and fixes numerous technical and clarity issues. Transitional rules backdate benefits for members already posted to Ukraine."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-4-2025","history":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-4-2025/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-4-2025/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-4-2025/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-4-2025/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-determination-no-4-2025/documents"}}