{"id":"F2019L01535","name":"Defence Determination (Controlled relocation – HMAS Creswell) Determination 2019","slug":"defence-determination-controlled-relocation-hmas-creswell-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440311,"registerId":"F2019L01535-fast-fetch-1775955992413","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination (Controlled relocation – HMAS Creswell) Determination 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\n \n\nDefence Determination (Controlled relocation – HMAS Creswell) Determination 2019\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 29 November 2019\n\nF L McSPEERIN\n\nAssistant Secretary\n\nPeople Policy and Employment Conditions Defence People Group\n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Purpose\n\n5 Definitions\n\n6 Members this determination applies to\n\n7 Accommodation\n\n8 Meals\n\n9 Additional funds\n\n \n\n \n\n1 Name\n\n| | This instrument is the Defence Determination (Controlled relocation – HMAS Creswell) Determination 2019. |\n| --- | --- |\n\n\n2 Commencement\n\n| | This Determination commences on the day after registration. |\n| --- | --- |\n\n\n3 Authority\n\n| | This Determination is made under section 58B of the Defence Act 1903. |\n| --- | --- |\n\n\n4 Purpose\n\n| | The purpose of this Determination is to provide members living on HMAS Creswell with additional benefits in response to the controlled relocation from HMAS Creswell on 11 November 2019. |\n| --- | --- |\n\n\n5 Definitions\n\n| | The following definitions apply in this Determination. |\n| --- | --- |\n| | Defence Determination means the Defence Determination 2016/19, Conditions of service, as in force from time to time. |\n| | Decision maker means the Commanding Officer HMAS Creswell. |\n| | Dependant has the same meaning given in section 1.3.83 of the Defence Determination. |\n| | Living-in accommodation means a form of accommodation provided under Chapter 7 Part 4 of the Defence Determination. |\n| | Relocation period means the period commencing at the time the controlled evacuation order issued by Commanding Officer HMAS Creswell on 11 November 2019 until 9:00am on 13 November 2019. |\n| | Service residence means a form of accommodation provided under Chapter 7 Part 6 of the Defence Determination. |\n\n\n6 Members this determination applies to\n\n- This Determination applies to a member who was occupying either of the following on HMAS Creswell on 11 November 2019.\n- a. A Service residence.\n- b. Living-in accommodation.\n\n\n7 Accommodation\n\n- 1. A member who was occupying a Service residence is eligible for the reasonable costs of accommodation for the following persons.\n- a. The member.\n- b. Each dependant of the member occupying a Service residence with the member on HMAS Creswell on 11 November 2019.\n- 2. A member who was occupying living-in accommodation is eligible to occupy living-in accommodation on HMAS Albatross during the relocation period.\n\n\n8 Meals\n\n- 1. Subsection 2 applies to a member who was occupying a Service residence.\n- 2. For each occurrence of a time in an item of column A of the following table during the relocation period, the member is eligible for the costs of meals up to the following amount.\n- a. For the member and each dependant of the member who is 10 years or older occupying a Service residence with the member on HMAS Creswell on 11 November 2019 — the amount specified in column B of the same item for each person.\n- b. For each dependant of the member who is less than 10 years old occupying a Service residence with the member on HMAS Creswell on 11 November 2019 — the amount specified in column C of the same item for each person.\n\n\n \n\n| Item | Column A
Time | Column B
Adult amount ($) | Column C
Child amount ($) |\n| --- | --- | --- | --- |\n| 1. | 0700 | 28.15 | 14.10 |\n| 2. | 1300 | 31.65 | 15.85 |\n| 3. | 1900 | 53.90 | 26.95 |\n\n\n9 Additional funds\n\n| | A member is eligible for a payment of up to $500.00 if the decision maker is satisfied that there are exceptional circumstances for making the payment that arose as a consequence of the controlled relocation. |\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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a narrow, time-limited instrument created specifically for a discrete event (the November 2019 controlled relocation from HMAS Creswell). It has not grown beyond its original purpose; it serves exactly the temporary, specific function it was designed for."},"complexity_factors":["Only 9 short sections, total length under 2 pages","Minimal defined terms (5 definitions, all referencing existing Defence Determination definitions)","No nested exceptions or conditional logic beyond simple eligibility criteria","Single purpose instrument with straightforward time-bound application","No cross-references to other legislation beyond the parent Defence Act and existing Defence Determination"],"plain_english_summary":"This provides a short-term, emergency payment arrangement for Australian Defence Force members and their dependants who were required to leave HMAS Creswell on 11 November 2019. It covers temporary accommodation (hotel or HMAS Albatross room depending on dwelling), set meal allowances for families, and up to $500 emergency cash with Commanding Officer approval.\n\nIt prevents personnel being out of pocket for costs arising from the controlled relocation and bridges the gap until normal compensation rules apply."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination implements a limited, incident‑specific package of support for members who occupied Service residences or living‑in accommodation at HMAS Creswell on 11 November 2019—covering accommodation, fixed meal reimbursements, and a discretionary exceptional payment. It confines beneficiaries and entitlements to the categories and period stated and does not broaden scope beyond those specifications."},"complexity_factors":["Narrow, time‑limited scope tied to a specific controlled relocation period (fixed start and end times) reduces legislative breadth.","Two distinct beneficiary categories (Service residence occupants vs living‑in accommodation occupants) require different entitlements and administration.","Specified, tiered meal rates by time of day and by child/adult status require precise per‑person calculations and recordkeeping.","Cross‑references to the Defence Determination 2016/19 for defined terms mean administrators must consult the primary instrument to assess eligibility.","Discretionary payment (up to $500) depends on the Commanding Officer’s satisfaction of ‘exceptional circumstances’, creating subjective decision points and potential need for documentation or review.","Eligibility hinges on proving occupancy on a specific date, creating an evidentiary verification burden for members and administrators."],"plain_english_summary":"This Determination provides short‑term accommodation and meal support for ADF members who were living at HMAS Creswell during the controlled relocation on 11 November 2019. Defence meets reasonable accommodation costs for members in Service residences, offers living‑in accommodation at HMAS Albatross for those in living‑in quarters, and reimburses set meal rates per person during the relocation period.\n\nThe Commanding Officer HMAS Creswell is the decision‑maker and may approve up to $500 for exceptional circumstances. It applies only to members who occupied a service residence or living‑in accommodation at Creswell on 11 November 2019."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-controlled-relocation-hmas-creswell-determination-2019","history":"/api/acts/defence-determination-controlled-relocation-hmas-creswell-determination-2019/history","analysis":"/api/acts/defence-determination-controlled-relocation-hmas-creswell-determination-2019/analysis","conflicts":"/api/acts/defence-determination-controlled-relocation-hmas-creswell-determination-2019/conflicts","importantCases":"/api/acts/defence-determination-controlled-relocation-hmas-creswell-determination-2019/important-cases","documents":"/api/acts/defence-determination-controlled-relocation-hmas-creswell-determination-2019/documents"}}