{"id":"F2021L00869","name":"Defence Determination, Conditions of service (Command support clerk non-reduction provisions) Determination 2021 (No. 9)","slug":"defence-determination-conditions-of-service-command-support-clerk-non-reduction-provisions-determina","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440900,"registerId":"F2021L00869-fast-fetch-1775956362043","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service (Command support clerk non-reduction provisions) Determination 2021 (No. 9)","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 (Command support clerk non-reduction provisions) Determination 2021 (No. 9)\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 25 June 2021\n\nF L McSPEERIN\n\nFiona Louise Mc Speerin\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  Definitions\n\n5  Salary non-reduction provisions\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service (Command support clerk non-reduction provisions) Determination 2021 (No. 9).\n\n2  Commencement\n\nThis instrument commences on the day after registration.\n\n3  Authority\n\nThis instrument is made under section 58B of the Defence Act 1903.\n\n4  Definitions\n\nDetermination means Defence Determination 2016/19, Conditions of service, as in force from time to time.\n\n5  Salary non-reduction provisions\n\n- 1. This section applies to a member who met any of the following on 16 November 2016.\n- a. The member was eligible for salary under pay grade 2 of Part 2 of Schedule B.11 of Defence Force Remuneration Tribunal Determination No. 15 of 2008, Salaries, as in force on 16 November 2016, as a Clerk Finance Grade 1.\n- b. The member was eligible for salary under pay grade 3 of Part 2 of Schedule B.11 of Defence Force Remuneration Tribunal Determination No. 15 of 2008, Salaries, as in force on 16 November 2016 as a Clerk Finance Grade 2.\n- 2. The member is eligible for salary between 17 November 2016 and 16 November 2019 at the rate payable under section 3.2.52 of the Determination as though the member is on a salary non-reduction period for the purpose of that section.\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow eligibility beyond the stated cohort; it preserves pre‑existing non‑reduction treatment for those who met the eligibility test on 16 November 2016 and applies only to the specified 17 November 2016–16 November 2019 period."},"complexity_factors":["Very narrow targeted cohort defined by status on a single historical date (16 Nov 2016) — requires personnel identification.","Cross‑references to external instruments: Defence Force Remuneration Tribunal Determination No. 15 of 2008 (pay grade schedules) and Defence Determination 2016/19 (section 3.2.52) — implementers must consult multiple documents.","Fixed retrospective time window (17 Nov 2016–16 Nov 2019) creates temporal application and payroll adjustment tasks.","Authority centralised under section 58B of the Defence Act (s3) — limited legislative ambiguity but administrative discretion in operationalising pay.","Definition of ‘Determination’ as the 2016/19 instrument “as in force from time to time” introduces potential interaction with later amendments of that instrument when interpreting section 3.2.52.","Low statutory breadth reduces legal complexity but raises operational complexity (identifying eligible members, recalculating historical pay, recordkeeping)."],"plain_english_summary":"This Determination preserves the pay level for a small group of Defence members who, on 16 November 2016, were eligible as Clerk Finance Grade 1 or 2 under the 2008 Remuneration Tribunal schedule. For pay between 17 November 2016 and 16 November 2019 those members must be paid at the rate given by section 3.2.52 of the Defence Determination as if they were in a ‘salary non‑reduction’ period. The Assistant Secretary made the rule under section 58B of the Defence Act, so Defence must apply the cross‑referenced pay rules and bear the cost."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument has a tightly constrained scope that matches its title and purpose. It was designed solely to provide transitional salary protection for command support clerks during a specific 2016-2019 restructure, and it does exactly that without expansion into broader policy areas."},"complexity_factors":["Very short instrument (only 5 sections, 2 pages)","Only 1 defined term ('Determination')","Single, narrow application: only affects members who held specific job classifications on one specific date (16 November 2016)","No nested exceptions or conditional logic beyond the basic eligibility criteria","Straightforward cross-reference to external instrument (Defence Determination 2016/19, section 3.2.52)","Temporal limitation: automatic expiry after fixed 3-year period (already passed)"],"plain_english_summary":"This rule guarantees that certain command support clerks who were reclassified in November 2016 did not suffer pay cuts: members holding Clerk Finance Grade 1 (pay grade 2) or Clerk Finance Grade 2 (pay grade 3) under the 2008 determination kept their earlier, higher salary for a three-year non-reduction period (16 Nov 2016–Nov 2019) after transfer into the 2016 pay structure.\n\nIt’s a temporary salary-protection measure ensuring no loss of pay during that transition."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-conditions-of-service-command-support-clerk-non-reduction-provisions-determina","history":"/api/acts/defence-determination-conditions-of-service-command-support-clerk-non-reduction-provisions-determina/history","analysis":"/api/acts/defence-determination-conditions-of-service-command-support-clerk-non-reduction-provisions-determina/analysis","conflicts":"/api/acts/defence-determination-conditions-of-service-command-support-clerk-non-reduction-provisions-determina/conflicts","importantCases":"/api/acts/defence-determination-conditions-of-service-command-support-clerk-non-reduction-provisions-determina/important-cases","documents":"/api/acts/defence-determination-conditions-of-service-command-support-clerk-non-reduction-provisions-determina/documents"}}