{"id":"F2021L01000","name":"Defence Determination, Conditions of service Amendment (Star rank increments) Determination 2021 (No. 13)","slug":"defence-determination-conditions-of-service-amendment-star-rank-increments-determination-2021-no-13","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440933,"registerId":"F2021L01000-fast-fetch-1775956381197","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (Star rank increments) Determination 2021 (No. 13)","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 (Star rank increments) Determination 2021 (No. 13)\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 19 July 2021\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—Star rank increment amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Transitional provisions – Star rank increments\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment (Star rank increments) Determination 2021 (No. 13).\n\n2  Commencement\n\nThis instrument commences 5 August 2021.\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Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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—Star rank increment amendments\n\nDefence Determination 2016/19, Conditions of service\n\n| 1 | Section 3.2.30.1 (Increment advancement) |\n| --- | --- |\n|  | Omit “Subject to section 3.2.31, a member”, substitute “A member”. |\n| 2 | Section 3.2.31 (Member not eligible for increment advancement after 6 August 2020) |\n|  | Omit the section. |\n| 3 | Subsection 3.2.41.1 (Chaplain and dental officers – increment advancement and promotion) |\n|  | Omit “Subject to subsection 1A, a Chaplain”, substitute “A Chaplain”. |\n| 4 | Subsection 3.2.41.1A (Chaplain and dental officers – increment advancement and promotion) |\n|  | Omit the subsection. |\n| 5 | Subsection 3.2.43.1 (Legal officers – increment advancement and promotion) |\n|  | Omit “Subject to subsection 1A, a legal officer”, substitute “A legal officer”. |\n| 6 | Subsection 3.2.43.1A (Legal officers – increment advancement and promotion) |\n|  | Omit the subsection. |\n\n\n \n\nSchedule 2—Transitional provisions – Star rank increments\n\n1.    Definition\n\n|  | In this schedule the Determination means Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of this schedule. |\n| --- | --- |\n\n\n2.    Star rank increment advancement between 6 August 2020 and the commencement of this Schedule\n\n- 1. This section applies to a member who met any of the following between 6 August 2020 and the commencement of this schedule.\n- a. The member was not eligible for increment advancement under section 3.2.31 of the Determination.\n- b. The member was not eligible for increment advancement under subsection 3.2.41.1A of the Determination.\n- c. The member was not eligible for increment advancement under subsection 3.2.43.1A or the Determination.\n- 2. The member is eligible for increment advancement on the commencement of this schedule.\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This amendment performs a surgical, time-limited adjustment to remove temporary COVID-era pay restrictions. It does not expand beyond the original purpose of the Defence Determination 2016/19 (which governs ADF conditions of service). The scope remains tightly focused on increment advancement rules for specific officer categories."},"complexity_factors":["Very short instrument (2 schedules, 6 amendment items plus transitional provisions)","Only 1 defined term ('the Determination')","Simple amendment structure — mostly 'omit X, substitute Y' or 'omit section'","No nested conditional logic or cross-references beyond pointing to the parent Determination","Straightforward transitional provision with clear date-based trigger","Single purpose: removing temporary restrictions rather than creating new substantive rules"],"plain_english_summary":"This law removes a temporary freeze on automatic pay progression (increments) for senior \"star rank\" officers and specialist officers—chaplains, dental and legal officers—in the Australian Defence Force. It restores eligibility retroactive to 5 August 2021, so those who were blocked during the COVID-era freeze can now receive the delayed pay rises and back‑pay."},"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":3,"scope_assessment":{"changed":true,"description":"The instrument narrows and reverses prior eligibility exclusions in Defence Determination 2016/19: it removes subsection-based ineligibility (see Schedule 1 items removing sections 3.2.31, 3.2.41.1A and 3.2.43.1A and related wording substitutions) and, via Schedule 2(2), makes members who were excluded between 6 August 2020 and commencement (5 August 2021) eligible for increment advancement on commencement. This restores and extends the Determination's scope of who may receive star-rank increments and creates retrospective entitlement for the specified period."},"complexity_factors":["Targeted textual amendments: several short subsections are omitted or reworded rather than wholesale replacement, requiring careful cross‑checking with Defence Determination 2016/19 (Schedule 1 items 1–6).","Retrospective/transitional effect: Schedule 2(2) grants eligibility on commencement to members excluded between 6 August 2020 and commencement, creating retrospective payroll and record‑keeping effects.","Narrow beneficiary set: changes affect specified categories (senior 'star' ranks and named professional groups), so identifying eligible individuals requires matching personnel records to the removed clauses (Schedule 1 and Schedule 2 definitions).","Operational implementation: payroll, leave and promotion systems must be updated to apply increments from the commencement date (5 August 2021).","Legal drafting simplicity: amendments are short and mechanical (omissions/substitutions) which lowers interpretive complexity but increases reliance on checking cross‑references in the principal Determination.","Authority and commencement: instrument is made under s58B of the Defence Act 1903 and commences on a specified date, limiting discretion about timing but requiring administrative enactment of changes."],"plain_english_summary":"This instrument removes specific eligibility blocks in the Defence Conditions of Service so that affected senior (\"star\") officers and certain professional officers (chaplains, dental, legal) can receive annual pay increment advancements again. It also makes members who were excluded between 6 August 2020 and the instrument's start date eligible when the instrument commences (5 August 2021). Mechanically, it deletes and substitutes short statutory phrases to restore increment entitlement and triggers retrospective payroll/administrative adjustments for those members."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-amendment-star-rank-increments-determination-2021-no-13","history":"/api/acts/defence-determination-conditions-of-service-amendment-star-rank-increments-determination-2021-no-13/history","analysis":"/api/acts/defence-determination-conditions-of-service-amendment-star-rank-increments-determination-2021-no-13/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-amendment-star-rank-increments-determination-2021-no-13/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-amendment-star-rank-increments-determination-2021-no-13/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-amendment-star-rank-increments-determination-2021-no-13/documents"}}