{"id":"F2024L00231","name":"Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024","slug":"defence-determination-force-commander-multinational-force-and-observers-supporting-benefits-determin","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105113,"registerId":"commonwealth-F2024L00231-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Cessation","content":"#### 3 Cessation\n\n  This instrument ceases to apply on 31 December 2026.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Authority","content":"#### 4 Authority\n\n  This instrument is made under section 58B of the Defence Act 1903.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"#### 5 Application\n\n  This instrument applies to the member who holds the employee identification number 8265382 (“the member”).","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Dual benefit","content":"#### 6 Dual benefit\n\n  During the effective period of this Determination, the member is not eligible for a benefit provided under Defence Determination 2016/19, Conditions of service, as in force from time to time, that has a similar purpose as a benefit under this Determination.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation","content":"#### 7 Interpretation\n\n  Decision maker means the Chief of Army.\n  Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.\n  Dependant means the member’s partner, who has been recognised as resident family under the Defence Determination immediately prior to the commencement of this Determination.\n  MFO means the Multinational Force and Observers.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Effective service","content":"#### 8 Effective service\n\n  The period that the member holds the appointment of Force Commander, Multinational Force and Observers, is counted as effective service for salary advancement and accrual of service for long service leave.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Pre-departure certificate of fitness","content":"#### 9 Pre-departure certificate of fitness\n\n  The member’s dependant must obtain certificates of both medical and dental fitness prior to departing Australia.\n\n  Note: The certificates aim to identify if there are any pre-existing medical or dental conditions or illnesses that would require ongoing healthcare beyond the scope of routine prescription medication, general practitioner services or dental services.\n\n  The certificates must meet all of the following conditions.\n\n    The certificates are provided by a medical practitioner and dentist authorised by Defence.\n    Confirmation that the medical practitioner and dentist have been informed that the examinations are required for travelling to and living in Egypt.\n    The certificates state whether the dependant is fit to travel to and live in Egypt.\n\n> Note 1: The provisions of the Privacy Act 1988 apply to the certificates under this section. The certificates are to be provided to the Joint Health Command (JHC) for review and to advise the decision maker on any pre-existing conditions or illnesses identified.\n\n> Note 2: The certificates are to be filed and kept by the JHC as Official: Sensitive, Personal privacy//Health Information.\n\n  The member is eligible to be reimbursed any costs above what they would be eligible for under Chapter 8 Part 9 of the Defence Determination to obtain the certificates of fitness and all necessary inoculations, vaccinations and anti-malarial drugs that are required by the dependant for the purpose of travelling to and living in Egypt.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Removal of personal effects","content":"#### 10 Removal of personal effects\n\n  The member is eligible for the removal of personal effects to Egypt that are not transported by the MFO that the decision maker considers reasonable.\n  When the member returns to Australia they are eligible for a removal of the personal effects that are not transported by the MFO that the decision maker considers reasonable from Egypt to the following locations.\n\n    The member’s housing benefit location.\n    The dependant’s family benefit location.\n  If the member’s dependant returns to Australia before the end of the member’s period of appointment, the member is eligible for a removal of the dependant’s personal effects that the decision maker considers reasonable, from Egypt to the location where they are going to live in Australia.\n  A removal under this section will not include the removal of any items listed under section 14.3.12 of the Defence Determination.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Removal and storage of vehicles and furniture","content":"#### 11 Removal and storage of vehicles and furniture\n\n  The member is eligible for the removal and storage within Australia of any vehicles and furniture that are not stored under the MFO storage allowance.\n\n  Note: The storage allowance provided by the MFO is 8,181 kg.\n\n  When the member returns to Australia they are eligible for the removal of items that have been stored to the following locations.\n\n    The member’s housing benefit location.\n    The dependant’s family benefit location.\n  If the member’s dependant returns to Australia before the end of the member’s period of appointment, the member is eligible for a removal of items that have been stored under subsection 1 to the location where they are going to live in Australia.\n  A vehicle stored under this section must meet the conditions provided under section 14.3.15 of the Defence Determination.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Loss on sale of furniture","content":"#### 12 Loss on sale of furniture\n\n  If the member chooses to dispose of any furniture prior to their departure from Australia instead of having the items removed to storage they may be reimbursed the lesser of the following amounts for the loss on sale of the furniture.\n\n    An amount that the decision maker considers reasonable.\n    What would have been paid to remove and store the furniture.\n  The member must apply in writing to the decision maker for reimbursement.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Temporary accommodation","content":"#### 13 Temporary accommodation\n\n  The member is eligible for temporary accommodation within Australia before the member and their dependant depart Australia for Egypt and on return to Australia.\n  Note 1: Temporary accommodation can be a hotel, motel or serviced apartment.\n  Note 2: The temporary accommodation will be booked by the Overseas Administration Team.","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Meal allowance and incidentals","content":"#### 14 Meal allowance and incidentals\n\n  The member and their dependant are eligible for the following for each day they are in temporary accommodation provided under section 13.\n\n  A daily amount of meal allowance provided under section 7.5.24 of the Defence Determination.\n  A daily amount for incidentals provided under Part 4 of Annex 9.5.A of the Defence Determination.","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Claiming reimbursement of eligible costs","content":"#### 15 Claiming reimbursement of eligible costs\n\n  To make a claim for reimbursement of eligible costs provided under this Determination, the member is to forward the claims and receipts to the decision maker.","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Other benefits not specified","content":"#### 16 Other benefits not specified\n\n  This section allows for additional benefits to be approved to enable the member and their dependant to manage unforeseen, exceptional or compassionate circumstances.\n  During the period of effect of this Determination, the decision maker may approve other benefits of a similar type that the member would have been eligible for under Chapters 14 to 16 of the Defence Determination, had that Determination applied to the member.\n  When making a decision under subsection 2, the decision maker must take the following into consideration.\n\n    The welfare of the member and their dependant.\n    Any evidence provided to justify the benefit.\n    Any other relevant matter.\n  Despite subsection 2, the decision maker is not to approve any of the following benefits.\n\n    Cost of living adjustment.\n    Cost of posting allowance.\n    Location allowance\n    Transfer allowance.\n    Pet relocation costs.\n    Club memberships.\n    Separation allowance.\n    Foreign language tuition or training.\n    Excess baggage costs.\n    Additional food or clothing allowances.\n    Additional recreation leave.\n    Worldwide risk insurance.\n    Any benefit that is equivalent to a benefit that has been provided by the MFO or another organisation.","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Benefits if the dependant returns to Australia early","content":"#### 17 Benefits if the dependant returns to Australia early\n\n  During the period of effect of this Determination, the decision maker may approve benefits that the member would have been eligible for under the Defence Determination had that Determination applied to the member, if the member’s dependant returns to Australia before the end of the member’s period of appointment.\n  When making a decision under subsection 1, the decision maker must take the following into consideration.\n\n    The welfare of the member’s dependant.\n    Any evidence to justify the benefit.","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Repeal","content":"#### 18 Repeal\n\n  This Determination is repealed on 30 June 2027.","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument narrows and supplements the general Defence Determination by applying bespoke entitlements and exclusions to one named member while they hold the MFO Force Commander appointment. It therefore alters scope from the broad, general rules to a tailored package for an individual, including specific medical clearance requirements, reimbursement rules and an explicit list of excluded benefits (see ss.5–6, 9, 10, 16)."},"complexity_factors":["Targeted application to a single named member rather than a broad class of personnel (s.5)","Cross‑references to Defence Determination 2016/19 for entitlements, exclusions and calculation of some payments (ss.6, 9, 10, 11, 14, 16, 17)","Discretion vested in the Decision maker (Chief of Army) to approve reimbursements, additional benefits and to judge reasonableness (ss.7, 10, 12, 16, 17)","Administrative and compliance requirements for dependant medical and dental certificates and privacy handling (s.9 and notes)","Interplay with MFO provisions (storage allowance) and exclusions of benefits that duplicate MFO or other organisation provisions (ss.10–11, 16(3)(l))","Procedural requirement for claims with receipts and written applications (s.15, s.12)","Time limits: instrument effective period and separate repeal date create staged cessation (s.3, s.18)"],"plain_english_summary":"This Determination gives a named Australian Defence Force member (employee 8265382), while serving as Force Commander with the Multinational Force and Observers, specific relocation, travel, health‑clearance, accommodation, removal and allowance entitlements, and reimbursement of certain costs. It is time‑limited and repeals on 30 June 2027. The Chief of Army is the decision maker who approves reimbursements and any additional benefits; a dual‑benefit rule prevents overlap with Defence Determination 2016/19 and some benefits are expressly excluded."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was clearly intended from inception as a bespoke benefits package for a single senior appointment (Force Commander, MFO), and it remains precisely that. There is no evidence of scope expansion — the instrument explicitly excludes broad categories of standard posting benefits and ties all additional approvals to the specific circumstances of this member and dependant."},"complexity_factors":["Single beneficiary instrument — applies to one identified individual only (member ID 8265382)","Short length — 18 sections, approximately 1,500 words","Minimal defined terms — only 4 definitions in section 7 (Decision maker, Defence Determination, Dependant, MFO)","Straightforward conditional logic — primarily 'if X then Y' structures without nested exceptions","Cross-references limited to Defence Determination 2016/19 (Conditions of service) for baseline comparisons and specific chapter/section citations","Simple temporal boundaries — fixed cessation date (31 December 2026) and repeal date (30 June 2027)","Discretionary powers clearly bounded — section 16 contains an explicit negative list of 13 excluded benefits, preventing scope creep"],"plain_english_summary":"This Determination creates a bespoke conditions-of-service package for one ADF member (ID 8265382) appointed Force Commander of the Multinational Force and Observers in Egypt, extending tailored pay/leave, health, relocation and allowance support and limited discretionary protections for their partner. It affects only that member and their partner and fills gaps between Defence posting rules and the host role, expiring by end-2026."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-force-commander-multinational-force-and-observers-supporting-benefits-determin","history":"/api/acts/defence-determination-force-commander-multinational-force-and-observers-supporting-benefits-determin/history","analysis":"/api/acts/defence-determination-force-commander-multinational-force-and-observers-supporting-benefits-determin/analysis","conflicts":"/api/acts/defence-determination-force-commander-multinational-force-and-observers-supporting-benefits-determin/conflicts","importantCases":"/api/acts/defence-determination-force-commander-multinational-force-and-observers-supporting-benefits-determin/important-cases","documents":"/api/acts/defence-determination-force-commander-multinational-force-and-observers-supporting-benefits-determin/documents"}}