{"id":"F2018L01526","name":"Defence Determination, Conditions of Service Amendment (Household help and snow clearing) Determination 2018 (No. 39)","slug":"defence-determination-conditions-of-service-amendment-household-help-and-snow-clearing-determination","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98187,"registerId":"commonwealth-F2018L01526-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of Service Amendment (Household help and snow clearing) Determination 2018 (No. 39)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![](image.001.png)\n\nDefence Determination, Conditions of Service Amendment (Household help and snow clearing) Determination 2018 (No. 39)\n\nI, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 31 October 2018\n\nF L McSPEERIN\n\nAssistant Secretary  People Policy and Employment Conditions  Defence People Group\n\n \n\n \n\n \n\nContents\n\n1 Name...............................................2\n\n2 Commencement.........................................2\n\n3 Authority.............................................2\n\n4 Schedules.............................................2\n\nSchedule 1—Household help and snow clearing amendments 3\n\nDefence Determination 2016/19, Conditions of service \n\n Schedule 2—Snow clearing – transitional provision 5\n\nDefence Determination 2016/19, Conditions of service \n\n \n\n \n\n1  Name\n\n  This instrument is Defence Determination, Conditions of Service Amendment (Household help and snow clearing) Determination 2018 (No. 39).\n\n2  Commencement\n\n  This instrument commences on 1 November 2018.\n\n3  Authority\n\n  This instrument is made under section 58B of the Defence Act 1903.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n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\nSchedule 1—Household help and snow clearing amendments\n\nDefence Determination 2016/19, Conditions of service\n\n \n\n| 1 | Section 15.4.4 (Contents) |\n| --- | --- |\n|  | Omit \"Household help – member posted before 1 July 2017\", substitute \"Household help and snow clearing assistance\". |\n| 2 | Chapter 15 Part 4 Division 6 (Household help – member posted before 1 July 2017) |\n|  | Omit the Division, substitute: |\n\n\n \n\n#### Division 6: Household help and snow clearing assistance\n\n##### 15.4.26   Purpose\n\n|  | The purpose of this Division is to provide a member with financial assistance towards costs incurred at their home as a result of their posting overseas. |\n| --- | --- |\n\n\n##### 15.4.27   Household help – member posted before 1 July 2017\n\n- 1. This section applies to a member posted before 1 July 2017.\n- 2. The CDF may reimburse the member the cost of employing a person to help with household tasks up to a reasonable limit set by the post administrator. The CDF must be satisfied that all of the following are met.\n- a. The help enables the member to perform their official duties more effectively and efficiently.\n- b. The cost of the help is reasonable having regard to all the following.\n- i. The costs normally paid for this help at the posting location.\n- ii. The general living conditions at the long-term posting location.\n- iii. The number and age of the member’s dependants.\n- iv. Local social and religious customs or laws.\n- v. Any special features of a residence that the Commonwealth provides the member.\n- c. The help is not for a task that is required due to normal use and wear on the home.\n- 3. If the member is already receiving an allowance that includes an amount for payment of a cost that could otherwise be reimbursed under this section, then they must not be reimbursed for that cost under this section.\n- 4. A member who incurs costs when carrying out representational duties is not eligible to be reimbursed under this section.\n\n\n##### 15.4.28   Snow clearing\n\n- 1. The CDF may approve a member to be reimbursed the cost of using commercial snow clearing services. The member must occupy a free-standing residence.\n- 2. The CDF must consider all the following.\n- a. The amount of snowfall at the member’s posting location.\n- b. The period of the year that snow persists on the ground at the location.\n- c. Any legal obligation for the member to clear snow from footpaths and other public thoroughfares adjacent to the member’s residence.\n- d. The general community practice on snow clearing at the location.\n- e. Any other factor relevant to snow clearing at the location.\n- 3. If approved, the member is eligible to be reimbursed the costs they paid for those services.\n\n\n \n\n \n\n \n\n# Schedule 2—Transitional – snow clearing\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Snow clearing – transitional provision\n- 1. This section applies to a member for whom both the following applied between 1 July 2017 and the commencement of this Determination.\n- a. The member was on a long-term posting overseas.\n- b. The member would have been approved an amount for snow clearing under section 15.4.28 of Defence Determination 2016/19, Conditions of service, had Schedule 1 of this Determination been effective.\n- 2. The member is eligible to be reimbursed the difference between the following.\n- a. The amount of snow clearing benefit the member would have been approved to be reimbursed had Schedule 1 of this Determination been effective between 1 July 2017 and the commencement of this Determination.\n- b. The amount the member was reimbursed for snow clearing between 1 July 2017 and the commencement of this Determination.\n\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument replaces the previous Division with a broader Division titled 'Household help and snow clearing assistance', formally adding snow‑clearing reimbursement and extending household help rules for members posted before 1 July 2017. It also creates a transitional entitlement to reconcile payments for the period 1 July 2017 to commencement (ss.15.4.26–28; Schedule 2)."},"complexity_factors":["Discretion vested in the CDF to approve reimbursements and in post administrators to set reasonable limits (ss.15.4.27–28)","Multiple reasonableness criteria for household help (local costs, living conditions, dependants, customs, provided residence features) increase factual assessments (s.15.4.27(2)(b))","Snow‑clearing eligibility requires residence type and multi‑factor assessment (snow amount, persistence, legal obligations, community practice) (s.15.4.28(1)–(2))","Anti‑double‑payment rule where an existing allowance covers the same cost (s.15.4.27(3))","Transitional calculation requires comparing hypothetical approved amounts to amounts already paid for a past period (Schedule 2)","Cross‑reference and amendment of an existing determination (Defence Determination 2016/19) introduces dependency on prior text"],"plain_english_summary":"This instrument amends Defence Conditions of Service to retitle and expand assistance for members posted overseas, adding explicit reimbursement for household help (for members posted before 1 July 2017) and for commercial snow‑clearing for members in free‑standing residences. The Commonwealth pays approved costs subject to limits and reasonableness tests, and the Chief of the Defence Force (CDF) and post administrators exercise approval and limit‑setting (ss.15.4.27–28). A transitional rule allows retrospective top‑up payments for the 1 July 2017–commencement period (Schedule 2)."},"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":3,"scope_assessment":{"changed":false,"description":"This amendment stays within its original scope of conditions of service for posted members. It adds a specific new benefit (snow clearing) and updates the title of an existing division, but does not expand beyond the administrative management of overseas posting conditions."},"complexity_factors":["Short, focused amendment (only 2 schedules with minimal items)","Simple conditional logic (e.g., 'if approved, then reimbursed')","Only 2 defined concepts requiring context (CDF = Chief of the Defence Force, 'long-term posting' understood from parent instrument)","Clear structure following standard legislative amendment format (omit/substitute)","Limited cross-referencing (only refers back to parent Defence Determination 2016/19 for context)"],"plain_english_summary":"This Determination updates ADF overseas posting entitlements by renaming and expanding household help to include commercial snow-clearing reimbursements for members in free‑standing houses in cold climates, subject to Chief of the Defence Force approval based on local snow, laws and practices. Existing household-help reimbursement for members posted before 1 July 2017 remains unchanged. A backpay rule lets eligible members recover the difference for snow clearing costs incurred between July 2017 and the Determination’s start."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-household-help-and-snow-clearing-determination","history":"/api/acts/defence-determination-conditions-of-service-amendment-household-help-and-snow-clearing-determination/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-household-help-and-snow-clearing-determination/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-household-help-and-snow-clearing-determination/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-household-help-and-snow-clearing-determination/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-household-help-and-snow-clearing-determination/documents"}}