{"id":"F2022L00017","name":"Defence Determination, Conditions of service Amendment (Paid Parental Leave) Determination 2022 (No. 1)","slug":"defence-determination-conditions-of-service-amendment-paid-parental-leave-determination-2022-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441166,"registerId":"F2022L00017-fast-fetch-1775956535773","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (Paid Parental Leave) Determination 2022 (No. 1)","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 (Paid Parental Leave) Determination 2022 (No. 1)\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 6 January 2022\n\nMichael Ian 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—Paid parental leave amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Transitional provisions\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment (Paid Parental Leave) Determination 2022 (No. 1).\n\n2  Commencement\n\nThis instrument commences on 14 April 2022.\n\n3  Authority\n\nThis instrument is made under section 58B of the Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\nSchedule 1—Paid parental leave amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 5.7.5 (Paid parental leave) |\n| --- | --- |\n|  | Omit the section, substitute: |\n\n\n##### 5.7.5    Paid parental leave\n\n- 1. A member is eligible for up to 20 days of paid parental leave if they are not eligible for maternity leave.\n- Note: The child does not have to be a recognised dependant of the member.\n- 2. The following conditions apply to a grant of paid parental leave.\n- a. Paid parental leave may be taken at full pay or half pay.\n- b. The minimum period of paid parental leave that may be taken at a time is 1 day.\n- c. Paid parental leave under subsection 1 is reduced by the following for each day the member would otherwise be required for duty.\n- i. For each day taken at full pay — 1 day.\n- ii. For each day taken at half pay — 0.5 day.\n- 3. Paid parental leave counts as effective service.\n\n\nSchedule 2—Transitional provisions\n\n##### 1.    Decisions made between 14 November 2019 and 14 April 2022 – Paid parental leave\n\n| 1. | This section applies to a member who was approved to take paid parental leave between 14 November 2019 and the commencement of this Determination. |\n| --- | --- |\n| 2. | The member is eligible to take paid parental leave in accordance with the periods that were agreed at the time of approval. |\n\n\n##### 2.    Decisions made between 10 December 2020 and 8 July 2021 – Additional paid parental leave\n\n| 1. | This section applies to a member who was approved to take additional paid parental leave between 10 December 2020 and 8 July 2021. |\n| --- | --- |\n| 2. | The member is eligible to take additional paid parental leave in accordance with the periods that were agreed at the time of approval. |\n\n\n \n\n \n\n \n\n \n\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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument amends and replaces the former paid parental leave provision (Schedule 1 replacing section 5.7.5) to set a 20‑day entitlement for members not eligible for maternity leave, specify full/half pay options and reduction rules, and confirm that the leave counts as service. Schedule 2 preserves previously approved leave for specified historical windows (see Schedule 2, items 1–2). The change is internal to the Defence Conditions of Service (made under s58B)."},"complexity_factors":["Eligibility carve-out: applies only to members “not eligible for maternity leave” (section 5.7.5(1)) — requires cross-reference to existing maternity-leave rules to determine who qualifies.","Payment options and accounting: leave may be taken at full or half pay, with different reduction rates (full pay reduces entitlement by 1 day; half pay by 0.5 day) (section 5.7.5(2)(a),(c)(i),(c)(ii)).","Minimum unit and aggregation: minimum period is 1 day (section 5.7.5(2)(b)) — affects rostering and partial-day use.","Service crediting: paid parental leave counts as effective service (section 5.7.5(3)) — impacts seniority, accruals and other service-based entitlements.","Definition gaps: phrase “would otherwise be required for duty” (section 5.7.5(2)(c)) is operationally significant but not defined in this instrument, creating potential implementation discretion.","Transitional preservation: earlier approvals are preserved for two separate date ranges (Schedule 2, items 1–2) — requires administrators to apply legacy approvals alongside the new rule.","Delegated/administrative instrument: made under s58B of the Defence Act (Authority) and issued by Defence People Group — implementation depends on internal Defence administrative processes."],"plain_english_summary":"This Determination replaces the Defence conditions of service rule on paid parental leave. It gives Defence members who are not eligible for maternity leave up to 20 days of paid parental leave (usable at full or half pay), with each day taken reducing the entitlement and the leave counting as effective service. Transitional provisions preserve periods already approved between specified earlier dates. The Determination is made under section 58B of the Defence Act and commences 14 April 2022."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination stays tightly focused on its original purpose: updating paid parental leave entitlements for ADF members. The scope has not expanded beyond this specific employment condition."},"complexity_factors":["Very short instrument (4 pages including cover)","Only 1 substantive section being amended (section 5.7.5)","Simple arithmetic formula for half-pay calculations (0.5 day deduction)","2 straightforward transitional provisions protecting existing approvals","No defined terms section — relies on existing Defence Determination 2016/19 definitions","Minimal cross-referencing (only to Defence Act 1903, section 58B for authority)"],"plain_english_summary":"This Determination modernises paid parental leave for Australian Defence Force members by replacing the old rule with a clearer entitlement: up to 20 days paid parental leave for non-birth parents (fathers, partners, adoptive parents), payable at full or half pay and counting as effective service. The child need not be a legal dependant.\n\nIt also preserves transitional protections for members approved for this leave between November 2019 and April 2022, aligning ADF policy with contemporary family arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-paid-parental-leave-determination-2022-no-1","history":"/api/acts/defence-determination-conditions-of-service-amendment-paid-parental-leave-determination-2022-no-1/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-paid-parental-leave-determination-2022-no-1/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-paid-parental-leave-determination-2022-no-1/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-paid-parental-leave-determination-2022-no-1/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-paid-parental-leave-determination-2022-no-1/documents"}}