{"id":"F2019L01605","name":"Defence Determination, Conditions of service Amendment (Omnibus) Determination 2019 (No. 34)","slug":"defence-determination-conditions-of-service-amendment-omnibus-determination-2019-no-34","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440332,"registerId":"F2019L01605-fast-fetch-1775956003171","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (Omnibus) Determination 2019 (No. 34)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\n \n\nDefence Determination, Conditions of service Amendment (Omnibus) Determination 2019 (No. 34)\n\nI, MICHAEL IAN McCULLOCH, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 11 December 2019\n\nMichael McCulloch\n\nActing Assistant 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—Travel, accommodation and meals for applicants amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—ADF Retention – Removal, housing and travel amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 3—Evacuation assistance amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 4—Long-term posting overseas amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 5—Overseas benchmark schools and hardship locations amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 6—Deployment allowance – Operation Steadfast amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 7—Transitional provision – Operation Steadfast\n\n \n\n \n\n1 Name\n\nThis Determination is the Defence Determination, Conditions of service Amendment (Omnibus) Determination 2019 (No. 34).\n\n2 Commencement\n\nThis Determination commences on 12 December 2019.\n\n3 Authority\n\nThis Determination is made under section 58B of the Defence Act 1903.\n\n4 Schedules\n\nEach Determination that is specified in a Schedule to this Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Determination has effect according to its terms.\n\n \n\n \n\n \n\nSchedule 1—Travel, accommodation and meals for applicants amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 2.1.3 (Purpose) |\n| --- | --- |\n| | Omit section, substitute: |\n\n\n##### 2.1.3 Purpose\n\n| | The purpose of this Division is to provide assistance to a person who has applied to join the ADF. This includes travel costs, allowances and accommodation costs. |\n| --- | --- |\n| 2 | Section 2.1.4 (Travel, accommodation and meal benefits – certain country applicants) |\n| | Omit section, substitute: |\n\n\n##### 2.1.4 Travel, accommodation and meals\n\n- 1. This section applies to a person who has applied to be appointed to, or enlisted in, the ADF and all the following apply.\n- a. They are requested to attend a Defence Force Recruiting Centre for an interview or examination.\n- b. They attend a Defence Force Recruiting Centre for the interview or examination requested.\n- c. They are required to travel from their normal place of residence to the Defence Force Recruiting Centre and back to their normal place of residence.\n- d. They live outside of an area serviced by the metropolitan transport system of the city or town where the Defence Force Recruiting Centre is located.\n- 2. The person who uses a means of travel in an item in column A of the following table is eligible for the amount in column B for the same item.\n\n\n \n\n| Item | Column A
Means of travel | Column B
Assistance |\n| --- | --- | --- |\n| 1. | Private vehicle. | The amount they would be eligible for under section 9.6.25. |\n| 2. | Public transport by a regional transport provider, including air travel. | The lesser of these two amounts:
a. The fares that the Commonwealth would pay if they held a rank of Colonel or lower.
b. The fares that they paid. |\n\n\n \n\n- 3. The person is eligible for the allowance under subsection 4 for accommodation and meals if they meet both the following.\n- a. The person has to be absent from their normal place of residence overnight to attend the Defence Force Recruiting Centre and return home.\n- b. Their meals and accommodation are not provided by the Commonwealth.\n- 4. The allowance is the lowest of the following amounts.\n- a. The amount the Commonwealth would have paid if it provided accommodation and meals.\n- b. The amount the person paid for accommodation and meals.\n- c. The amount the person would be eligible for under table item 2 of section 9.5.35.\n- 5. The person is eligible for meal allowance under section 4.5.9 if all the following apply.\n- a. The person will not be absent from their normal place of residence overnight.\n- b. The period of their absence includes a meal period.\n- c. A meal is not provided by the Commonwealth.\n- 3 Section 4.5.8 (Country applicants to the ADF)\n- Omit section.\n\n\nSchedule 2—ADF Retention – Removal, housing and travel amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 1.3.28 (Home port – for a member) |\n| --- | --- |\n| | Omit the section. |\n| 2 | Section 1.3.29 (Home port – for a ship) |\n| | Omit the section. |\n| 3 | Section 1.3.64 (Refitting port) |\n| | Omit the section, substitute: |\n\n\n##### 1.3.64 Refitting port\n\n| | Refitting port means the port where a seagoing ship or seagoing submarine refits if the port is different to the ship's home port. |\n| --- | --- |\n| 4 | Section 1.3.73 (Service residence) |\n| | After the section, insert: |\n\n\n##### 1.3.73A Ship's home port\n\n| | Ship's home port means the port from which the seagoing ship or seagoing submarine regularly operates for a period of more than one year. |\n| --- | --- |\n| 5 | Section 6.5.20 (Removal to a personal location where benefits are provided instead of a remote location – Army and Air Force), heading only |\n| | Omit \" – Army and Air Force\". |\n| 6 | Subsection 6.5.20.1 (Removal to a personal location where benefits are provided instead of a remote location – Army and Air Force) |\n| | Omit \"of the Army or Air Force\". |\n| 7 | Section 6.5.21 (Removal to a personal location where benefits are provided instead of a remote location – Navy) |\n| | Omit the section, substitute: |\n\n\n\n\n\n##### 6.5.21 Removal to a personal location on posting to a seagoing ship or seagoing submarine\n\n- A member is eligible for a removal of their dependants to a personal location within Australia at Commonwealth expense if all the following apply.\n- a. The member is posted to a seagoing ship or seagoing submarine.\n- b. There are six months or more of the member's posting remaining.\n- c. The CDF is satisfied the personal location is beneficial to the member or their dependants after considering all of the following.\n- i. The availability of family or community support at the personal location.\n- ii. The employment or education needs of the member's dependants.\n- iii. Any other factor relevant to the welfare of the member's dependants.\n- 8 Section 6.5.36 (Posting to a seagoing ship or Navy aircraft squadron)\n- Omit the section, substitute:\n\n\n##### 6.5.36 Removal on posting to a seagoing ship or seagoing submarine\n\n- 1. A member posted to a seagoing ship or seagoing submarine for six months or more is eligible for a removal of furniture and effects to one of the following.\n- a. The ship's home port.\n- b. The seagoing ship's or seagoing submarine's refitting port.\n- Note: A member's dependants may be eligible for a removal to a personal location under section 6.5.21.\n- 2. A member posted to a seagoing ship or seagoing submarine is eligible for a removal to the location of the refit if all the following apply.\n- a. The seagoing ship or seagoing submarine relocates to a refitting port for six months or more.\n- b. The member has six months or more remaining of their posting period.\n- 3. A member is eligible for a removal to the ship's home port if all the following apply.\n- a. The member was granted a removal under subsection 2.\n- b. The member has six months or more of their posting remaining.\n- 9 Subsection 6.5.37.1 (Posting to a remote location)\n- Omit \"This includes a removal of a member of the Navy if their home port is in a remote location.\".\n- 10 Subsection 6.5.47.3 (Removal if service continues after intended date of ceasing)\n- Omit the subsection.\n- 11 Subsection 6.5.47.4 (Removal if service continues after intended date of ceasing)\n- Omit \"limits on the benefits in subsections 2 and 3 do\", substitute \"limit on the benefit under subsection 2 does\".\n- 12 Subsection 6.5.54.1 (Member without dependants)\n- Omit \", or an aircraft squadron where they will be liable to serve on a seagoing ship\", substitute \"or seagoing submarine\".\n- 13 Subsection 6.5.68.1 (Removal from outside posting location)\n- Omit the subsection, substitute:\n- 1. This section applies to a member who meets one of the following with a person from outside their posting location.\n- a. The member is married.\n- b. The member has a de facto relationship registered on a State or Territory register.\n- c. The member has a de facto partner recognised under section 1.3.89.\n- 14 Subsection 6.5.68.4 (Removal from outside posting location)\n- Omit the subsection, substitute:\n- 4. A member serving in a seagoing ship or seagoing submarine is eligible for a removal to the ship's home port.\n- 15 Section 6.5.71 (Removal eligibility on next posting)\n- Omit the section, substitute:\n\n\n##### 6.5.71 Removal eligibility on next posting.\n\n- 1. This section applies to a member if all the following apply during a posting period.\n- a. They gain a dependant by one of the following means.\n- i. Marriage.\n- ii. Recognition of a de facto partner under section 1.3.89.\n- iii. Registration of a de facto relationship on a State or Territory register.\n- b. They were not eligible or did not accept a removal for their dependant under this Division.\n- 2. Subject to subsection 3, at the start of the member's next posting, the member is eligible for a removal for their dependants to move to the member’s posting location at Commonwealth expense.\n- 3. A removal for a member’s dependants who are in a location in an item in column A of the following table is from a location in column B for the same item.\n\n\n \n\n| Item | Column A
Location dependant lives | Column B
Removal location |\n| --- | --- | --- |\n| 1. | Inside Australia. | Any of the following.
a. The town in which they were married.
b. The town where the dependant lived when they were recognised as the member's dependant.
c. The town in which the relationship was registered.
d. The member's current posting location.
e. The member's ship's home port, if the member posted to a seagoing ship or a seagoing submarine.
f. Any other location in Australia. |\n| 2. | Outside Australia. | Any of the following.
a. The town in which the spouse or partner first entered Australia.
b. Any other location in Australia. |\n\n\n \n\n- 4. If a member is removed from a location under table item1.f or table item 2.b, the benefit is limited to the lesser of the following amounts.\n- a. The cost of the removal.\n- b. The cost of a removal from the member's posting location or ship's home port at the time they were recognised as a dependant.\n- 5. For the purpose of this section a town includes a city, suburb or other distinct residential area.\n- 16 Section 7.1.15 (Posting location), table item 9\n- Omit the table item, substitute:\n\n\n \n\n| 9. | a member with dependants or a member without dependants | is posted to a seagoing ship or a seagoing submarine | the location they are given a removal to under section 6.5.36. |\n| --- | --- | --- | --- |\n\n\n \n\n- 17 Subsection 7.6.29.1 (Member with dependants (unaccompanied) eligibility in two locations)\n- Omit the subsection, substitute:\n- 1. A member with dependants (unaccompanied) is eligible for a Service residence for their dependants to occupy if they do not own a suitable home at their dependants' location, unless one of the following applies.\n- a. The member was not granted a removal for their dependants to a personal location under this Determination.\n- b. All of the following apply.\n- i. A deployed member's dependants are granted a removal to a personal location for family support.\n- ii. On the member's return from the deployment dependants elect to remain in the personal location.\n- iii. The member has six months or more to serve in their current posting location after their return from the deployment.\n- c. All of the following apply.\n- i. A deployed member's dependants are granted a removal to a personal location for family support.\n- ii. The member had less than six months to serve in their posting location on their return from the deployment.\n- iii. The member is posted to a new location.\n- iv. On the member's posting to the new location the dependants elect to remain in the personal location.\n- d. All of the following apply.\n- i. A deployed member's dependants are granted a removal to a personal location for family support.\n- ii. The member keeps their Service residence in their pre-deployment location.\n- 18 Section 7.6.63 (Special conditions on separation – statutory appointees)\n- After the section, insert:\n\n\n##### 7.6.64 Dependants at a personal location for member posted to a seagoing ship or seagoing submarine\n\n- 1. This section applies to a member if all the following apply.\n- a. The member was granted a removal for their dependants to a personal location under section 6.5.21.\n- b. The member's posting to a seagoing ship or seagoing submarine has ended.\n- c. The member has received a new posting that is not to a seagoing ship or seagoing submarine.\n- d. The new posting is for six months or more.\n- 2. The member's eligibility for a Service residence at the personal location ceases on the day the member's new posting begins.\n- 3. Despite subsection 2, a member's eligibility for a Service residence at the personal location may be extended if all the following apply.\n- a. The member's dependants have not vacated the Service residence.\n- b. CDF is satisfied that reasonable steps have been taken to vacate the property before the member's new posting begins.\n- 19 Subsection 7.8.5.1 (Member eligible and period of eligibility), table item 8\n- After the table item, insert:\n\n\n \n\n- 9. meets all the following. the day the member's dependants cannot get suitable accommodation at the personal location the earlier of the following days.\n- a. They are posted to a seagoing ship or seagoing submarine. a. The day the dependants move into other suitable accommodation.\n- b. They have been granted a removal for their dependants to a personal location under section 6.5.21. b. The day the member begins a new posting that meets all the following.\n- i. It is more than six months.\n- ii. It is not to a seagoing ship or seagoing submarine.\n\n\n \n\n- 20 Paragraph 8.3.6.2.b (Member who may be classified as a member with dependants (unaccompanied))\n- Omit the paragraph, substitute:\n- b. The member is posted to a new posting location for a period of six months or more, unless any of the following apply during the member's posting period.\n- i. The member is granted a removal to a personal location for their dependants in compassionate circumstances under section 6.5.19.\n- ii. The member's dependants moved to a personal location for family support when the member was deployed and the member returns from deployment and does not commence a new posting period on return to Australia.\n- iii. The member's new posting location is to a seagoing ship or seagoing submarine and they are granted a removal to a personal location for their dependants under section 6.5.21.\n- iv. The separation from dependants occurs because the member's dependants leave the gaining location to move back to the losing location.\n- v. Item 4 of the table in paragraph a. applies.\n- 21 Paragraph 9.2.21.1.a (Cost limits on travel on posting and removal to certain destinations)\n- Omit \"Navy aircraft squadron\", substitute \"seagoing submarine\".\n- 22 Subsection 9.2.21.2 (Cost limits on travel on posting and removal to certain destinations), see note\n- Omit the see note.\n- 23 Paragraph 9.2.35.3.a (Limits to travel on leaving a personal location)\n- Omit \"home port\", substitute \"ship's home port\".\n- 24 Paragraph 9.2.39.3.b (Failure to complete service)\n- Omit the paragraph, substitute:\n- b. A personal location the member was granted a removal to under section 6.5.21.\n- 25 Section 9.3.9 (Travel from other location in Australia)\n- Omit the section, substitute:\n\n\n##### 9.3.9 Travel from other location in Australia\n\n- 1. This section applies to a member if all the following apply.\n- a. One of the following applies.\n- i. They marry in Australia.\n- ii. They have a partner recognised as a dependant under section 1.3.89.\n- iii. They have their de facto relationship registered on a State or Territory register.\n- b. At the time the event in paragraph a. occurs, one of the following applies.\n- i. They are away from their posting location.\n- ii. They are posted to a seagoing ship or seagoing submarine.\n- c. The marriage or the application for recognition of a partner as a dependant, or registration, was not arranged before the start of the member's posting period.\n- d. They have at least 12 months left to serve on continuous full-time service when the benefit under this section is approved.\n- e. They would have been eligible for travel benefits if they had a spouse or partner before they commenced their posting period.\n- 2. The member is eligible for their dependants to travel at Commonwealth expense to the member's posting location from one of the following locations.\n- a. The town they were married in.\n- b. The town the member's partner lived when they were recognised as the member's dependant.\n- c. The town the member's partner lived when their relationship was registered.\n- 3. For the purpose of this section a town includes a city, suburb or other distinct residential area.\n- 26 Subsection 9.3.10.1 (Travel from outside Australia)\n- Omit \"Navy aircraft squadron\", substitute \"seagoing submarine\".\n- 27 Section 9.3.14 (Travel on next posting)\n- Omit the section, substitute:\n\n\n##### 9.3.14 Travel on next posting\n\n- 1. This section applies to a member who becomes a member with dependants before commencing a new posting period.\n- 2. On their next posting, the member is eligible for their dependants to travel at Commonwealth expense from a location in paragraph a to the location in paragraph b.\n- a. A location from which the member is eligible for a removal under section 6.5.71.\n- b. The member's new posting location.\n- 3. If a member is removed from a location under section 6.5.71 table item 1.f or table item 2.b, the benefit is limited to the lesser of the following amounts.\n- a. The cost of the travel.\n- b. The cost of a travel from the member's posting location or ship's home port at the time the member was recognised as a dependant.\n- 28 Section 9.3.76 (Purpose)\n- Omit \"Navy aircraft squadron\", substitute \"seagoing submarine\".\n\n\n \n\nSchedule 3—Evacuation assistance amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 1.3.21 (Effective date of posting) |\n| --- | --- |\n| | After the section, insert: |\n\n\n##### 1.3.21A Emergency\n\n- Emergency means an event that causes, or threatens to cause any of the following.\n- a. The death of, or injury or other damage to the health of, any person on a Defence establishment.\n- b. The destruction of, or damage to, any property on a Defence establishment.\n- c. A disruption to essential services on a Defence establishment.\n- Note: This is not limited to naturally occurring events (such as earthquakes, floods or storms) but would, for example, include fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks, sieges, riots, acts of terrorism and hostilities by an enemy.\n- 2 Section 1.3.24 (Equivalent rank)\n- After the section, insert:\n\n\n##### 1.3.24AA Evacuation order\n\n- Evacuation order means an order given by the Senior ADF Officer of a Defence establishment in response to an emergency to evacuate the establishment.\n- 3 Section 7.0.2 (Contents)\n- After the entry for Part 10, insert:\n- Part 11 Evacuation assistance\n- 4 Annex 7.F (Contributions for food – temporary accommodation allowance)\n- After the annex, insert:\n\n\n### Part 11: Evacuation assistance\n\n##### 7.11.1 Purpose\n\n| 1. | The purpose of this Part is to provide members and their dependants who occupy service accommodation on a Defence establishment with accommodation and other benefits if the establishment is evacuated due to an actual or imminent emergency. |\n| --- | --- |\n\n\n##### 7.11.2 Members this part applies to\n\n- This Part applies to a member who occupies either of the following on a Defence establishment immediately before an evacuation order is issued.\n- a. A Service residence.\n- b. Living-in accommodation.\n\n\n##### 7.11.3 Period of evacuation assistance\n\n- 1. A member is eligible for evacuation assistance from the one of the following times.\n- a. If the evacuation order included an end time, that time.\n- b. If no end time was included in the evacuation order, the time the evacuation order was issued.\n- 2. A member ceases to be eligible for evacuation assistance at one of the following times.\n- a. If the evacuation order included an end time, that time.\n- b. If no end time was included in the evacuation order, the time the establishment returns to a business as usual state.\n\n\n##### 7.11.4 Accommodation assistance\n\n- 1. A member who was occupying a Service residence immediately before the evacuation order was issued is eligible for the reasonable costs of accommodation for the following persons.\n- a. The member.\n- b. Each dependant of the member occupying the Service residence with the member immediately before the evacuation order was issued.\n- 2. Subject to subsection 3, a member who was occupying living-in accommodation is eligible to occupy living-in accommodation at another Defence establishment within 50 kms.\n- Note: The Acts Interpretation Act 1901 applies to the measurement of distance in this section.\n- 3. A member who is unable to occupying living-in accommodation under subsection 2 is eligible for the reasonable costs of accommodation.\n\n\n##### 7.11.5 Meals assistance\n\n- 1. Subsection 2 applies to a member eligible to receive the reasonable costs of accommodation under section 7.11.4.\n- 2. For each occurrence of a meal in an item in column A of the table in section 7.5.24 during the evacuation period, the member is eligible for the costs of meals up to the following amount.\n- a. If the member is in a Capital city or high-cost country centre, the sum of the following\n- i. For the member and each dependant of the member who is 10 years old or older occupying the accommodation with the member — the amount specified in column B of the same item for each person.\n- ii. For each dependant of the member who is less than 10 years old occupying the accommodation with the member — 50% of the amount specified in column B of the same item.\n- b. If the member is in another location, the sum of the following\n- i. For the member and each dependant of the member who is 10 years old or older occupying the accommodation with the member — the amount specified in column C of the same item for each person.\n- ii. For each dependant of the member who is less than 10 years old occupying the accommodation with the member — 50% of the amount specified in column C of the same item.\n\n\n##### 7.11.6 Transport assistance\n\n| | A member who is required to drive more than 50 km to occupy accommodation under section 7.11.4 is eligible for vehicle allowance at the rate provided in section 9.6.25. |\n| --- | --- |\n| | Note: The Acts Interpretation Act 1901 applies to the measurement of distance in this section. |\n\n\n##### 7.11.7 Additional funds\n\n| 1. | Subject to subsection 2, a member is eligible for a reimbursement of up to $500.00 for additional costs if the Senior ADF Officer is satisfied that there are exceptional circumstances for making the payment that arose in connection with the evacuation. |\n| --- | --- |\n| 2. | A reimbursement cannot be made under this section for costs relating to accommodation, meals or vehicle allowance. |\n\n\n \n\n \n\nSchedule 4—Long-term posting overseas amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 15.2A.2 (Contents)\n- After the entry for Division 4, insert:\n- Division 5 Other matters affecting the overseas living allowances – member posted on or after 1 July 2017\n- Division 6 Meal and clothing allowances – member posted on or after 1 July 2017\n- 2 Section 15.2A.5 (Member this Part does not apply to)\n- Omit the section.\n- 3 Chapter 15 Part 2A Division 4 (Child supplement allowance – member posted on or after 1 July 2017)\n- After the Division, insert:\n\n\nDivision 5: Other matters affecting the overseas living allowances – member posted on or after 1 July 2017\n\n##### 15.2A.21 Purpose\n\n| | The purpose of this Division is to provide what happens to a member's overseas living allowance in specific circumstances. |\n| --- | --- |\n\n\n##### 15.2A.22 Member this Division applies to\n\n- This Division applies to a member when either of the following applies.\n- a. The member or their dependants are temporarily absent from the posting location.\n- b. The member permanently leaves the posting location before their dependants.\n\n\n##### 15.2A.23 Temporary absence from the posting location – accompanied member\n\n- 1. This section applies to a member when either of the following are temporarily absent from the posting location for longer than 28 days.\n- a. The member and their dependants.\n- b. The member's dependants.\n- 2. The member ceases to be eligible for the following allowances on the 29 th day of the absence.\n- a. Cost of posting allowance.\n- b. Child supplement allowance.\n- Notes: To avoid doubt, the following apply. 1. A member continues to be eligible under section 15.2A.11 for the cost of living adjustment if they temporarily leave the posting location for longer than 28 days.\n- 2. The member remains eligible for the allowances specified under subsection 2 if their dependants remain in the posting location.\n- 3. The member is eligible for any allowances that have ceased under subsection 2 on the day the people under subsection 1 return to the posting location.\n\n\n##### 15.2A.24 Temporary absence from the posting location – unaccompanied member\n\n| 1. | The member ceases to be eligible for the cost of posting allowance if they are temporarily away from the posting location for longer than 28 days.
Note: To avoid doubt, the member continues to be eligible for the cost of posting allowance until the end of the 28th day. |\n| --- | --- |\n| 2. | The member is eligible for the cost of posting allowance ceased under subsection 1 on the day the member returns to the posting location. |\n\n\n##### 15.2A.25 Member permanently leaves posting location before their dependants\n\n- 1. A member continues to be eligible for overseas living allowances if all of the following apply.\n- a. The member permanently leaves the posting location\n- b. The member’s dependants remain in the posting location.\n- 2. Subsection 1 ceases to apply on the earlier of the following days.\n- a. The day that the dependants leave the posting location.\n- b. The day that is 28 days after the member leaves the posting location.\n- 3. The period under paragraph 2.b may be extended if the CDF is satisfied that it is reasonable having regard to the following.\n- a. The reason the dependants remained in the posting location after the member's departure.\n- b. The date the dependants will travel from the posting location at Commonwealth expense.\n\n\n\n\n\nDivision 6: Meal and clothing allowances – member posted on or after 1 July 2017\n\n##### 15.2A.26 Purpose\n\n| | This Part provides meal and clothing allowances for a member living at a posting location overseas in specific circumstances. |\n| --- | --- |\n\n\n##### 15.2A.27 Meal allowance – additional duty\n\n- 1. A member is eligible for meal allowance if they perform additional duty that meets all of the following.\n- a. The duty is for a period of at least three hours before or after the member's normal period of duty.\n- b. The duty is over a meal period.\n- c. The member does not get a meal break.\n- 2 Despite subsection 1, a member is not eligible for meal allowance if either of the following apply.\n- a. A meal is provided at no cost to the member.\n- b. The member has received travelling allowance for that meal period.\n- 3. The rate of meal allowance is worked out as follows.\n- Where:\n- A is the exchange rate used to pay salary to members for the pay period in which the additional duty occurred.\n- B is the post index used to calculate overseas allowances for the posting index location under section 12.3.14A for the pay period in which the additional duty occurred.\n- 4. For the purpose of subsection 1, a meal period means one of the following.\n- a. A meal period set out in section 1.3.39, Meal period.\n- b. A period the CDF approves as an equivalent period at the posting location having regard to local meal times and the hours of duty that the member normally observes.\n\n\n##### 15.2A.28 Meal costs in temporary accommodation\n\n- A member is eligible for the reimbursement for the cost of meals, up to the limit for each day set out in Annex 13.3.A, if both of the following apply.\n- a. The member is directed to live in at the posting location.\n- b. A meal has not been provided to the member.\n\n\n##### 15.2A.29 Special garment allowance\n\n| | A member is eligible for the reimbursement of costs for special garments for themselves and their dependants if the CDF is satisfied it is reasonable having regard to a dress code imposed by religious custom or law at the posting location.
Note: This includes special garments a dependant may require during a reunion visit to the posting location. |\n| --- | --- |\n\n\n \n\nSchedule 5—Overseas benchmark schools and hardship locations amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 15.6.A (Benchmark schools), table item 1 |\n| --- | --- |\n| | Insert after the table item: |\n\n\n| 1A. | Brunei | International School Brunei | International School Brunei | International School Brunei |\n| --- | --- | --- | --- | --- |\n\n\n \n\n| 2 | Annex 15.6.A (Benchmark schools), table item 11A |\n| --- | --- |\n| | Omit the table item, substitute: |\n\n\n- 11A. Italy American Overseas School of Rome American Overseas School of Rome American Overseas School of Rome\n- Pisa International School of Florence International School of Florence International School of Florence\n\n\n| 3 | Annex 16.B (Hardship location conditions of service – member posted on or after 1 July 2017), table item 3 |\n| --- | --- |\n| | Omit the table item, substitute: |\n\n\n \n\n| 3. | Brunei | 24 | Capital City (1) | Singapore (2) | 8 | Regional centre only | D |\n| --- | --- | --- | --- | --- | --- | --- | --- |\n\nSchedule 6—Deployment allowance – Operation Steadfast amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Subsection 17.7.6.1 (Rate of allowance) Deployment allowance, table item 9 |\n| --- | --- |\n| | After the table item, insert: |\n\n\n \n\n| 9A. | STEADFAST | Iraq | 166.44 |\n| --- | --- | --- | --- |\n\n\nSchedule 7—Transitional provision – Operation Steadfast\n\n- 1 Rate of allowance – Operation STEADFAST\n- 1. This section applies to a member who was deployed on Operation STEADFAST before the commencement of this Determination and meets both the following.\n- a. The member performed duty in the specified area in table item 10 of subsection 17.7.6.1 of Defence Determination 2016/19, Conditions of service, as amended by this Determination, at any time between 10 September 2018 and the commencement of this Determination.\n- b. The member did not receive deployment allowance for duty performed in the area specified immediately prior to the commencement of this Determination.\n- 2. The member is eligible for deployment allowance for each day of duty the member met the conditions set out in subsection 1.\n- 3. The rate of deployment allowance for duty performed between a date in an item in column A and column B is the amount in column C of the same item of the following table.\n\n\n \n\n| Item | Column A
Dates (from) | Column B
Dates (to) | Column C
The daily rate |\n| --- | --- | --- | --- |\n| 1. | 10 September 2018 | 31 October 2018 | AUD 159.98 |\n| 2. | 1 November 2018 | 13 November 2019 | AUD 163.18 |\n| 3. | 14 November 2019 | the commencement of this Determination | AUD 166.44 |\n\n\n \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This omnibus amendment remains within the original scope of Defence Determination 2016/19, which governs ADF conditions of service. While it adds new Parts (Part 11 on evacuation assistance) and Divisions (Divisions 5 and 6 on overseas allowances), these are logical extensions of existing administrative frameworks rather than scope creep. The amendments update operational details (new operation names, school lists, emergency provisions) and modernise Navy-specific terminology without expanding into new policy areas beyond military employment conditions."},"complexity_factors":["Multiple schedules (7) amending different parts of the parent Determination, requiring cross-referencing between instruments","Extensive conditional logic with nested 'if all the following apply' tests (e.g., sections 6.5.21, 7.11.4, 15.2A.25)","Numerous cross-references to other sections of Defence Determination 2016/19 (e.g., sections 9.6.25, 1.3.89, 6.5.71)","Defined terms inserted into interpretation sections (1.3.21A 'Emergency', 1.3.24AA 'Evacuation order', 1.3.73A 'Ship's home port') that are then used throughout","Table-based calculations for allowances with multiple variables (exchange rates, post indices, age thresholds for dependants)","Transitional provisions with retrospective effect and tiered rates based on specific date ranges (Schedule 7)","Replacement of existing provisions rather than simple additions, requiring comparison with superseded text to understand full effect","Specific measurement rules invoking the Acts Interpretation Act 1901 for distance calculations (50km thresholds)"],"plain_english_summary":"Omnibus amendments to the Defence Determination 2016/19 adjust pay and conditions for ADF members — expanding travel, meal and accommodation support for rural recruits; modernising Navy family/home‑port rules; creating emergency evacuation assistance; clarifying overseas-posting allowance time limits; and providing back‑pay for Operation Steadfast in Iraq.\n\nThese changes affect potential recruits, Navy members and families, evacuated personnel, and those on overseas posting or deployed in Iraq, improving fairness, clarity and emergency support."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The amendments stay within the original statutory subject-matter — conditions of service for ADF personnel — and do not create a new statutory purpose outside that field. The Determination mainly refines eligibility tests, limits and payment mechanics (applicant travel caps, seagoing posting rules, evacuation assistance, overseas allowance details, and deployment payments). While it introduces substantive new material (for example Part 11 Evacuation assistance and specific seagoing/submarine handling), these are extensions and clarifications within the umbrella of ‘‘conditions of service’’ rather than a departure into a materially different statutory scope."},"complexity_factors":["Omnibus structure with 7 schedules amending multiple Parts and annexes across the base Determination (wide surface area).","Several new defined terms added (e.g. Emergency 1.3.21A; Evacuation order 1.3.24AA; Ship's home port 1.3.73A) increasing interpretive load.","Many cross-references to other sections and annexes (for example references to sections 9.6.25, 7.5.24, 15.2A.11 and Annex 13.3.A).","Nested conditional eligibility tests with multiple timing thresholds (e.g. 28‑day absence rules in 15.2A.23–15.2A.25; multiple subparagraph tests in 6.5.21 and 6.5.36).","Discretionary decision points (CDF and Senior ADF Officer satisfactions and approvals) that create case-by-case application and inconsistent outcomes risk.","Transitional and retroactive payment mechanics with multiple date bands (Schedule 7 table), which require historical data and extra administration.","Interactions with existing benefit caps and ‘lesser of’ rules (e.g. travel capped at Commonwealth fare or actual paid), which require comparative calculations on each claim.","Introduction of an entirely new Part (Part 11 Evacuation assistance) with its own eligibility, period, and benefit calculations increases the statutory map to be learned by administrators."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This Determination is an omnibus amendment to the Defence Determination 2016/19 (Conditions of service). It updates eligibility rules, definitions and payment rules for a range of ADF (Australian Defence Force) entitlements. The amendments take effect 12 December 2019 (see front matter).\n\n- Key mechanical changes by topic:\n - Applicant travel, accommodation and meals (Schedule 1): replaces the rules that reimburse people who apply to join the ADF for travel, accommodation and meals. It narrows eligibility to applicants who are asked to attend a Defence Force Recruiting Centre and live outside metropolitan public-transport service areas; sets specific payment rules depending on travel mode (private vehicle or regional/public transport including air) and caps reimbursements to the lesser of Commonwealth fare rates or the fares paid (section 2.1.4). It replaces the previous country-applicant provision (section 4.5.8 removed).\n - Removals, housing and travel for ADF retention (Schedule 2): introduces definitions and specific rules for members posted to seagoing ships or submarines (new definition: “ship’s home port”, section 1.3.73A; refitting port definition altered, section 1.3.64). It sets when dependants may be moved to a personal location at Commonwealth expense (section 6.5.21) and reworks removal entitlements for members posted to ships/submarines (section 6.5.36). It modifies when members and dependants are eligible for service residences, travel on next posting, and limits on removal benefits (inter alia sections 6.5.21, 6.5.36, 6.5.71, 7.6.29.1, 7.6.64, 9.3.9 and others).\n - Evacuation assistance (Schedule 3): inserts a new Part 11 (sections 7.11.1–7.11.7) to provide short-term evacuation support for members and their dependants who occupy Service residences or living-in accommodation on a Defence establishment that is evacuated in an emergency. It defines “Emergency” and “Evacuation order” (sections 1.3.21A and 1.3.24AA) and sets entitlement mechanics for accommodation, meals, transport allowances (vehicle allowance if driving >50 km), and a discretionary reimbursement up to $500 for exceptional costs (sections 7.11.4–7.11.7).\n - Long-term overseas postings (Schedule 4): adds Divisions clarifying overseas living allowance treatment when members or dependants are temporarily absent for more than 28 days, or a member leaves before dependants (sections 15.2A.21–15.2A.25). It also creates rules for meal allowances for additional duty, temporary accommodation meal reimbursement, and a special garment allowance (sections 15.2A.26–15.2A.29). Calculation mechanics reference exchange rates and post indices for precise rates.\n - Overseas benchmark schools and hardship locations (Schedule 5): modifies the benchmark schools list (adds International School Brunei and adjusts Italian entries) and updates Brunei’s hardship/location entry (Annexes 15.6.A and 16.B).\n - Deployment allowance – Operation STEADFAST (Schedules 6 & 7): adds Iraq as an Operation STEADFAST deployment location with a daily rate (AUD 166.44) and provides a transitional (retroactive) payment regime for members who served earlier unremunerated periods between 10 Sept 2018 and the Determination’s commencement (Schedule 7 table with three date bands and corresponding daily rates).\n\n**Who is affected**\n\n- People applying to join the ADF (applicants) who travel to recruiting centres will be affected by the changed eligibility criteria and capped reimbursement rules (Schedule 1; see section 2.1.4).\n- Serving ADF members and their dependants, especially Navy personnel posted to seagoing ships or submarines, because removal, travel and service-residence entitlements are adjusted (Schedule 2; see sections 6.5.21, 6.5.36, 6.5.71 and related provisions).\n- Members and dependants who occupy Service residences on Defence establishments may receive evacuation assistance if an evacuation order is issued (Schedule 3; sections 7.11.1–7.11.7).\n- Members posted overseas (post-1 July 2017 postings) — allowances for temporary absences, meals on additional duty, temporary accommodation meal costs, and a special garment allowance are clarified or introduced (Schedule 4; sections 15.2A.21–15.2A.29).\n- Families using Defence-funded benchmark schools overseas (and the schools themselves) are affected by changes to the benchmark list (Schedule 5, Annex 15.6.A).\n- Members who served on Operation STEADFAST (Iraq) may receive deployment allowance payments, including back-pay for certain earlier service dates (Schedules 6–7).\n\n**Why it matters (claimed purposes and practical consequences)**\n\n- Claimed purposes in the instrument: to refine and clarify conditions of service entitlements, align benefits with operational circumstances (notably seagoing service), provide emergency evacuation support to personnel in Service accommodation, and ensure correct allowance payment for specific deployments (schedules cite their purposes, e.g. 2.1.3, 7.11.1, 15.2A.21, 15.2A.26).\n\n- Practical effects and fiscal bearings:\n - Concentrated beneficiaries: the primary beneficiaries are specific groups — job applicants who travel for interviews, Navy members and their dependants affected by ship postings, overseas-posted members and families (school-related benefits), and personnel who served on Operation STEADFAST. These are relatively concentrated populations within the ADF.\n - Costs fall to the Commonwealth (the taxpayer). The Determination adjusts what the Commonwealth will reimburse: in some cases it tightens caps (for applicants, travel is limited to lesser of Commonwealth fare or actual fare under section 2.1.4), in others it expands or clarifies liability (evacuation accommodation/meals, seagoing dependants’ removals, backdated deployment allowances). These changes change the timing and certainty of cash flows for affected individuals and for Defence budgeting.\n - Bureaucratic discretion and decision points: several provisions give decision-making to senior officials. Examples: the Chief of the Defence Force (CDF) must be satisfied that a personal location is beneficial before permitting dependants’ removals (section 6.5.21.c and 6.5.21.c.i–iii); the Senior ADF Officer decides whether an evacuation order is issued and whether exceptional reimbursements are payable (section 7.11.7). Those discretion points create administrative judgment calls and record-keeping burdens.\n - Administrative and compliance burden: members, applicants and families must provide evidence of travel, fares, accommodation costs and meet specific temporal thresholds (e.g. 28-day absence tests in sections 15.2A.23–15.2A.25). Defence staff must process claims, apply caps and compute allowances referencing other sections or annexes (e.g. vehicle rate in 9.6.25, meal caps in Annex 13.3.A or table in section 7.5.24). This increases transactional work and audit points.\n - Incentives and potential behavioural effects: reimbursement rules tied to the lesser of Commonwealth fares or actual fares (section 2.1.4) reduce incentives for over‑claiming but may encourage claimants to select lower-cost options. Travel-to-appointment eligibility limits (e.g. living outside metropolitan transport service areas, section 2.1.4.1.d) may shift applicant behaviour (applicants might travel from a different residence to qualify, or choose different travel modes). Where the CDF can approve extensions (section 15.2A.25.3), members may seek discretionary exceptions.\n - Effects on private markets and competition: directly limited. Some knock‑on demand changes may occur — for example, Defence-financed accommodation and meal costs during evacuation (section 7.11.4–7.11.6) create short-term demand for local hotels and catering providers; benchmarking schools’ inclusion could increase demand for particular private schools overseas (Annex 15.6.A). Overall, these are targeted public purchases rather than regulations that alter market structure or competition broadly.\n\n**Trade-offs, risks and implementation notes**\n\n- Opportunity and fiscal cost: the Determination balances tightened caps in some places (applicant travel) against expanded or clarified entitlements in others (evacuation assistance, seagoing personnel removals, overseas allowances). Net fiscal impact depends on utilisation (how many applicants claim, frequency of evacuations, number of seagoing postings and overseas absences).\n- Discretion vs predictability: CDF and Senior ADF Officer discretion allows flexibility to handle special cases but reduces predictability for members and increases record-keeping, appeals or review risks (sections 6.5.21, 7.11.7, 15.2A.25.3).\n- Retroactivity and transitional risk: Schedule 7 creates retroactive entitlements for Operation STEADFAST for defined date bands and specific members (transitional table). Retroactive payments can create administrative and budgeting pressure and expectations for similar retrospective claims elsewhere.\n- Potential for substitution or gaming: where reimbursement is the lesser of Commonwealth cost or member cost (section 2.1.4.2.b, section 6.5.71.4), claimants will have an incentive to choose modes and invoices that maximise their reimbursement net of the Commonwealth cap. The Determination attempts to limit overpayment by reference to Commonwealth fares and pre-existing caps.\n\n**Representative section citations (samples)**\n- Applicant travel and caps: section 2.1.4 (Schedule 1).\n- Seagoing ship/submarine definitions and removal rules: sections 1.3.64, 1.3.73A, 6.5.21 and 6.5.36 (Schedule 2).\n- New evacuation assistance Part 11: sections 7.11.1–7.11.7 and definitions 1.3.21A, 1.3.24AA (Schedule 3).\n- Overseas posting absence/allowance rules and meal/clothing provisions: sections 15.2A.21–15.2A.29 (Schedule 4).\n- Benchmark schools and hardship location adjustments: Annex 15.6.A and Annex 16.B (Schedule 5).\n- Operation STEADFAST deployment allowance and transitional payment table: subsection 17.7.6.1 and Schedule 7.\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-omnibus-determination-2019-no-34","history":"/api/acts/defence-determination-conditions-of-service-amendment-omnibus-determination-2019-no-34/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-omnibus-determination-2019-no-34/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-omnibus-determination-2019-no-34/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-omnibus-determination-2019-no-34/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-omnibus-determination-2019-no-34/documents"}}