{"id":"F2019L01131","name":"Defence Determination, Conditions of service Amendment (Miscellaneous and salary non-reduction) Determination 2019 (No. 25)","slug":"defence-determination-conditions-of-service-amendment-miscellaneous-and-salary-non-reduction-determi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440212,"registerId":"F2019L01131-fast-fetch-1775955926178","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (Miscellaneous and salary non-reduction) Determination 2019 (No. 25)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence Determination, Conditions of service Amendment (Miscellaneous and salary non-reduction) Determination 2019 (No. 25)\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 26 August 2019\n\nFiona Louise McSpeerin\n\nAssistant Secretary  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—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Salary non-reduction amendments\n\nDefence Determination 2016/19, Conditions of service\n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment (Miscellaneous and salary non-reduction) Determination 2019 (No. 25).\n\n2  Commencement\n\nThis instrument commences 5 September 2019.\n\n \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Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n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\nSchedule 1—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Subsection 3.2.58.2 (Movements between Reserve service and continuous full-time service) |\n| --- | --- |\n|  | Omit the subsection, substitute: |\n| 2. | For a period of continuous full-time service the member is to be paid the non-reduction supplement at the same rate payable under section 3.2.56. |\n| 2 | Section 4.9.2 (Contents) |\n|  | Omit \"Annex 4.9.A High Readiness Reserve health support allowance claim form\". |\n| 3 | Subsection 5.4.8.3 (Basic recreation leave credit), formula |\n|  | Omit “additional”, substitute “basic” |\n| 4 | Subsection 5.4.31.1 (Conditions of granting of leave) |\n|  | Omit the subsection, substitute: |\n| 1. | A member must not be granted recreation leave if they do not hold enough leave credit for the period of the absence. |\n| 5 | Subsection 5.4.31.3 (Conditions of granting leave), see note |\n|  | Omit the see note. |\n| 6 | Section 7.0.2 (Contents) |\n|  | Omit \"Annex 7.G Example of how the rent ceiling and member's contribution works\". |\n| 7 | Subsection 7.1.3 (Types of housing assistance – contributions and choices) |\n|  | Omit the section. |\n| 8 | Subsection 7.1.14 (Definitions) |\n|  | Before the definition of 'Date of purchase', insert: |\n\n\n \n\n| Contribution | The amount a member pays towards the cost of benefits provided for housing, meals and utilities. |\n| --- | --- |\n\n\n \n\n- 9 Subparagraph 7.1.16A.2.d.ii (Puckapunyal housing trial member)\n- Omit \"form\", substitute \"from\".\n- 10 Subsection 7.4.27B.2 (Member with dependants (unaccompanied) on a flexible service determination)\n- Omit “A member’s may”, substitute “A member may”.\n- 11 Subsection 7.7.14.3 (Contributions for accommodation)\n- Omit the subsection, substitute:\n- 3. The fortnightly rent contribution for a member who accepts an offer of accommodation above their rent ceiling, under subsection 7.7.12.1, is the sum of the following amounts.\n- a. The contribution for their rank group under Annex 7.D Part 2.\n- b. The difference between the applicable rent ceiling, under subsection 7.7.13.1 and the rent of the home.\n- 12 Section 7.8.3 (Definitions)\n- Omit the section.\n- 13 Paragraph 7.8.17.1A.b (Contribution for rented home), see note\n- Omit the see note.\n- 14 Subsection 7.8.20.3 (Shared Home), example\n- Omit the example.\n- 15 Subsection 7.8.23.2 (Home is sublet), see note\n- Omit the see note.\n- 16 Annex 7.G (Example of how the rent ceiling and member's contribution works)\n- Omit the Annex.\n- 17 Subsection 8.3.6.7 (Member who may be classified as a member with dependants (unaccompanied))\n- Omit the subsection, substitute:\n- 7. The CDF may approve a member as a member with dependants (unaccompanied) when the member has not been provided removal benefits for the member's dependants to move to a personal location.\n- 18 Chapter 8 Part 3 Division 2 (Member with dependants (unaccompanied) summary)\n- Omit the division.\n- 19 Section 8.6.5 (Assessment of assistance on posting), title\n- Omit the title, substitute:\n\n\n##### 8.6.5    Limitation on assistance\n\n| 20 | Paragraph 9.5.15 (Meaning of normal accommodation stock) |\n| --- | --- |\n|  | Omit the section, substitute: |\n\n\n##### 9.5.15    Meaning of normal accommodation stock\n\n- Normal accommodation stock is accommodation that is made available through the contracted service provider for the period required.\n- 21 Subsection 9.5.17.2 (Meals and incidentals while living out on a journey)\n- Omit the subsection, substitute:\n- 2. The maximum daily limits for meals and incidentals are the following.\n- a. For meals — the sum of rates for each meal period specified for the location in Annex 9.5.A Part 4, columns B, C and D for each day.\n- b. For incidentals — the rate in Annex 9.5.A Part 4, column E for each 24 hours of the travel period and for any part-day at the end of the journey.\n- 22 Subsection 15.3.7.2 (Public transport)\n- Omit \"The excess cost the member is calculated\", substitute “The excess cost is calculated”.\n\n\n \n\n \n\nSchedule 2—Salary non-reduction amendment\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Annex 3.2.C (Salary non-reduction – Flight test engineers)\n- From Air Force Pay grade 7 omit \"13 August 2019\", substitute \"13 August 2020\".\n- 2 Transitional provision\n- 1. This section applies to a member of the Air Force who meets all of the following.\n- a. The member was on a salary non-reduction period under item 2 of the table in subsection 3.2.52.2 on 13 August 2013.\n- b. The member was in Air Force Pay grade 7.\n- c. The member would have been eligible for the salary non-reduction had this Schedule commenced on 14 August 2019.\n- 2. The member is eligible for a payment of an amount of salary that is the difference between the following amounts.\n- a. The amount of salary that the member was paid between 14 August 2019 and the commencement of this Determination.\n- b. The amount of salary that the member would have been paid had this Determination commenced on 14 August 2019 until the commencement of this Determination.\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose — minor administrative amendments to Defence conditions of service. The 'miscellaneous' nature is explicitly acknowledged in the title, and the salary non-reduction provision is a narrow, technical extension for a specific cohort rather than scope creep."},"complexity_factors":["22 discrete amendment items across two schedules, each requiring cross-reference to the parent Defence Determination 2016/19","Transitional provision with conditional logic (3 cumulative criteria in item 2.1) and back-payment calculation formula","Extensive use of legislative numbering systems (e.g., 'subsection 7.1.16A.2.d.ii') that require navigation of the parent instrument","Mixture of substantive changes (salary protection), technical corrections (spelling/grammar), and structural deletions (omitting annexes and divisions)","Salary non-reduction provisions require understanding of pay grade structures and historical commencement dates (13 August 2013, 2019, 2020)"],"plain_english_summary":"This rule change tidies Defence pay and conditions: it corrects drafting and calculation errors, clarifies housing and leave rules (including that recreation leave requires sufficient credits), and updates pay treatment when members move between Reserve and full-time service. Crucially, it extends and backdates a one-year salary non‑reduction protection for Air Force flight test engineers in Pay Grade 7, preventing unintended pay cuts."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument makes narrowly targeted changes to the existing Conditions of Service rather than expanding the Determination's overall policy scope. Schedule 1 revises administrative rules across leave (e.g. subsection 5.4.31.1), housing and contributions (e.g. removal of Annex 7.G; changes at 7.7.14.3 and 7.1.14 insertion), and travel/meal limits (e.g. substitution in 9.5.17.2). Schedule 2 alters the salary non-reduction timeframe for a defined group in Annex 3.2.C (changing 13 Aug 2019 to 13 Aug 2020) and creates a transitional provision requiring retrospective pay calculations and payments to eligible Air Force members (Schedule 2, Transitional provision paras 1–2)."},"complexity_factors":["Multiple discrete amendments across different Parts (leave, housing, travel, allowances) creating a spread of small drafting changes rather than a single cohesive reform (Schedules 1 and 2).","Removal of annexes and examples (e.g. Annex 7.G) increases reliance on cross-references and narrative text rather than worked examples (Schedule 1 items 6, 16).","Targeted change to salary non-reduction timing for a narrow cohort (Air Force Pay grade 7 flight test engineers) requires cohort identification and payroll adjustments (Schedule 2, Annex 3.2.C).","A transitional payment calculation requires retrospective payroll computation for eligible members and proof of eligibility (Schedule 2, Transitional provision paras 1–2).","Changes to definitions and terminology (e.g. 'Contribution' insertion, 'basic' substitution) affect benefit calculations across clauses and may require policy reinterpretation (Schedule 1 items 8, 3).","Administrative discretion retained/clarified (Chief of the Defence Force approval for unaccompanied dependants) creates decision-making steps outside pure formulae (Schedule 1 item 17).","Numerous small editorial corrections and removals (typos, 'see note' deletions) mean implementers must check many clauses for downstream effects (multiple Schedule 1 items)."],"plain_english_summary":"This Determination amends the Defence Conditions of Service to tweak a range of administrative rules (leave credits, housing contributions and examples/annexes, meal/incidentals limits) and to preserve a salary non-reduction protection for a specific group of Air Force flight test engineers for an additional year. It affects ADF members, payroll and people-policy administrators. The stated purpose is administrative tidying and targeted pay protection; mechanically it changes how certain benefits and contributions are calculated and requires the employer to pay any specified retrospective salary differences to eligible members."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-miscellaneous-and-salary-non-reduction-determi","history":"/api/acts/defence-determination-conditions-of-service-amendment-miscellaneous-and-salary-non-reduction-determi/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-miscellaneous-and-salary-non-reduction-determi/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-miscellaneous-and-salary-non-reduction-determi/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-miscellaneous-and-salary-non-reduction-determi/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-miscellaneous-and-salary-non-reduction-determi/documents"}}