{"id":"F2018L01432","name":"Defence Determination, Conditions of Service Amendment (Post index locations) Determination 2018 (No. 37)","slug":"defence-determination-conditions-of-service-amendment-post-index-locations-determination-2018-no-37","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98118,"registerId":"commonwealth-F2018L01432-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 (Post index locations) Determination 2018 (No. 37)","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 (Post index locations) Determination 2018 (No. 37)\n\nI, LOUISE JUDITH MEMMOLO, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 11 October 2018\n\nLOUISE JUDITH MEMMOLO\n\nActing Assistant 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—Post index locations amendments 3\n\nDefence Determination 2016/19, Conditions of service 3\n\nSchedule 2—Transitional provision 4\n\nDefence Determination 2016/19, Conditions of service 4\n\n \n\n \n\n \n\n1  Name\n\n  This instrument is Defence Determination, Conditions of Service Amendment (Post index locations) Determination 2018 (No. 37).\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Defence Act 1903.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n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—Post index locations amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Annex 12.3.B (Posting index locations), items for Italy Genoa, Italy Rome and Italy Turin |\n| --- | --- |\n|  | Omit the items, substitute: |\n\n\n \n\n- ITALY Italy\n- Genoa Genoa\n- Rome Rome\n\n\n \n\n| 2 | Annex 12.3.B (Posting index locations), item for China |\n| --- | --- |\n|  | After the item, insert: |\n\n\n \n\n| CYPRUS | Cyprus |\n| --- | --- |\n\n\n \n\n \n\nSchedule 2—Transitional provision\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Posting location – transitional provision\n- 1. This section applies to a member for whom both the following applied between 3 August 2018 and the commencement of this Determination.\n- a. The member was posted to Pisa, Italy.\n- b. The member was eligible for a benefit to which a post index adjustment would have been applied had a post index location been provided for the member's overseas posting location.\n- 2. The member is eligible for the difference between the following.\n- a. The amount of a benefit the member would have been eligible to receive had Schedule 1 of this Determination commenced on 3 August 2018.\n- b. The amount paid or payable to the member for the same benefit between 3 August 2018 and the commencement of this Determination to which paragraph a. applies.\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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument changes the set of overseas locations that attract post index adjustments under the Defence Determination 2016/19 by substituting Italy entries (Genoa, Rome) and adding Cyprus as a posting index location. It also expands entitlement coverage temporally by creating a transitional payment right for members posted to Pisa between 3 August 2018 and the instrument’s commencement (1 November 2018)."},"complexity_factors":["Targeted amendments to Schedule 1 (Annex 12.3.B) limited to specific posting index entries (Italy, insertion of Cyprus)","A single transitional provision (Schedule 2) that requires calculation of benefit differences for a defined cohort (members posted to Pisa between 3 Aug 2018 and commencement)","Fixed commencement date (1 November 2018) reduces temporal ambiguity","Limited need for legal interpretation — changes are largely administrative data updates for payroll/entitlement systems","Operational complexity lies in payroll implementation and retrospective calculation of differences rather than in novel legal rules"],"plain_english_summary":"This Determination updates the Defence Conditions of Service by changing overseas posting index locations: it replaces certain Italy entries (Genoa and Rome) and inserts Cyprus as a posting index location. It also creates a transitional payment for members posted to Pisa between 3 August 2018 and the instrument’s commencement. The changes take effect 1 November 2018 and are made under section 58B of the Defence Act; Defence (People Policy) administers and pays any adjustment differences."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This amendment remains tightly scoped to its original purpose of updating the list of overseas posting locations eligible for post index adjustments. It does not expand beyond administrative updates to location schedules and a narrow transitional fix for affected members."},"complexity_factors":["Very short instrument (4 pages including cover)","Only 2 substantive items in Schedule 1 (removing Turin, adding Cyprus)","Single transitional provision in Schedule 2 with straightforward back-pay calculation","No defined terms section - relies on existing definitions in Defence Determination 2016/19","No nested exceptions or conditional logic beyond simple date-based eligibility","Minimal cross-referencing (only to Defence Act 1903 section 58B for authority and Defence Determination 2016/19 for amendments)"],"plain_english_summary":"A minor administrative change to ADF pay rules adjusts which overseas postings qualify for post‑index (cost‑of‑living) pay. It removes Turin, retains Genoa and Rome (grouped under Italy), adds Cyprus, and allows affected members posted to Pisa between 3 Aug 2018 and the change’s effect date (1 Nov 2018) to claim the difference they were owed.\n\nThis affects ADF personnel posted to those locations and changes their take‑home pay while overseas."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-post-index-locations-determination-2018-no-37","history":"/api/acts/defence-determination-conditions-of-service-amendment-post-index-locations-determination-2018-no-37/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-post-index-locations-determination-2018-no-37/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-post-index-locations-determination-2018-no-37/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-post-index-locations-determination-2018-no-37/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-post-index-locations-determination-2018-no-37/documents"}}