{"id":"F2020L00009","name":"Defence Determination (Controlled relocation – Proof and Experimental Establishment – Port Wakefield) Determination 2020","slug":"defence-determination-controlled-relocation-proof-and-experimental-establishment-port-wakefield-dete","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440354,"registerId":"F2020L00009-fast-fetch-1775956016104","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination (Controlled relocation – Proof and Experimental Establishment – Port Wakefield) Determination 2020","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 (Controlled relocation – Proof and Experimental Establishment – Port Wakefield) Determination 2020\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 2020\n\nM I McCULLOCH\n\nActing Assistant 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\n \n\n \n\n1    Name\n\n|  | This instrument is the Defence Determination (Controlled relocation – Proof and Experimental Establishment – Port Wakefield) Determination 2020. |\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 Proof and Experimental Establishment – Port Wakefield with accommodation in response to the controlled relocation from Port Wakefield on 20 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|  | 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 was issued by Officer Commanding Proof and Experimental Establishment – Port Wakefield on 20 November 2019 until 8:00am on 21 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 Proof and Experimental Establishment – Port Wakefield on 20 November 2019.\n- a. A Service residence.\n- b. Living-in accommodation.\n\n\n7    Accommodation\n\n| 1. | A member is eligible to occupy accommodation at Keswick Barracks during the relocation period for them and each dependant who was occupying a Service residence. |\n| --- | --- |\n| 2. | A member who was occupying living-in accommodation is eligible to occupy living-in accommodation at Keswick Barracks during the relocation period. |\n| 3. | A member who was unable to occupy accommodation under subsection 2 is eligible for the reasonable costs of accommodation. |\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope is narrowly targeted and reactive: it applies only to members who were occupying specified accommodation at Port Wakefield on 20 November 2019 and only for the defined relocation period. It does not expand general relocation or accommodation policy beyond that event (clauses 4, 5, 6, 7)."},"complexity_factors":["Narrow temporal scope tied to a single event and defined relocation period (Definitions, 'Relocation period'; clause 4)","Simple, categorical eligibility limited to occupiers on 20 November 2019 (clause 6)","Cross-reference to external instrument for key terms (Defence Determination 2016/19) increases interpretive dependency (clause 5)","Different accommodation categories and entitlements (service residence vs living‑in accommodation) require mapping to chapters of the Defence Determination (clause 5; clause 7)","Payment obligation for 'reasonable costs' is left undefined here, creating administrative discretion and potential disputes over scope and quantum (clause 7(3))","Authority provided under Defence Act 1903 s.58B; delegates may exercise narrow operational discretion in implementation (clause 3)","Commencement is immediate (day after registration), producing a short implementation timeline (clause 2)"],"plain_english_summary":"This Determination lets Defence provide short-term accommodation at Keswick Barracks to members (and their dependants) who were occupying service residences or living‑in accommodation at the Proof and Experimental Establishment – Port Wakefield on 20 November 2019, for the controlled relocation period to 8:00am on 21 November 2019. If living‑in accommodation at Keswick is unavailable, Defence will meet the reasonable costs of alternative accommodation."},"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":"The legislation maintains its original narrow scope. It was clearly intended as a specific, time-limited response to a particular controlled relocation event on 20 November 2019, and it does exactly that without expanding into broader policy areas."},"complexity_factors":["Very short instrument (7 sections, approximately 1 page)","Only 4 defined terms, all referencing external instruments (Defence Determination 2016/19)","No nested exceptions or conditional logic beyond simple eligibility criteria","Single operational period (approximately 12-18 hours on 20-21 November 2019)","No cross-references to other legislation beyond the enabling Act (Defence Act 1903) and the parent Defence Determination"],"plain_english_summary":"This Determination gave Defence members displaced by the controlled relocation from Port Wakefield on 20–21 November 2019 the right to stay at Keswick Barracks for the evacuation period. It covers members living in Defence family residences and those in living‑in accommodation at Port Wakefield that day, plus dependants.\n\nIt’s a narrow, time‑limited safety net: it guarantees overnight accommodation (or reimbursement for reasonable alternative costs) so affected personnel aren’t left without lodging or out of pocket."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-controlled-relocation-proof-and-experimental-establishment-port-wakefield-dete","history":"/api/acts/defence-determination-controlled-relocation-proof-and-experimental-establishment-port-wakefield-dete/history","analysis":"/api/acts/defence-determination-controlled-relocation-proof-and-experimental-establishment-port-wakefield-dete/analysis","conflicts":"/api/acts/defence-determination-controlled-relocation-proof-and-experimental-establishment-port-wakefield-dete/conflicts","importantCases":"/api/acts/defence-determination-controlled-relocation-proof-and-experimental-establishment-port-wakefield-dete/important-cases","documents":"/api/acts/defence-determination-controlled-relocation-proof-and-experimental-establishment-port-wakefield-dete/documents"}}