{"id":"F2021L00542","name":"Defence Determination, Medical officer – savings provisions Determination 2021","slug":"defence-determination-medical-officer-savings-provisions-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440836,"registerId":"F2021L00542-fast-fetch-1775956324800","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Medical officer – savings provisions Determination 2021","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, Medical officer – savings provisions Determination 2021\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 3 May 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—Savings provisions\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Medical officer – savings provisions Determination 2021.\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Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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—Savings provisions\n\n##### 1  Definitions\n\n|  | In this Schedule the following apply. |\n| --- | --- |\n|  | Defence Determination 2016/19 means Defence Determination 2016/19, Conditions of service, as in force from time to time. |\n|  | Defence Determination 2021 (No. 4) means the changes made by Schedule 2 of Defence Determination, Conditions of service Amendment Determination 2021 (No. 4), as in force on the day of commencement. |\n\n\n##### 1  Medical Officers – savings\n\n| 1. | Chapter 3 Part 2 of Defence Determination 2016/19, as in force immediately before the commencement of Defence Determination 2021 (No. 4), continues to apply to medical officers as though the changes made by Defence Determination 2021 (No. 4) had not commenced. |\n| --- | --- |\n| 2. | This section ceases to apply on 29 April 2021. |\n\n\n##### 2  Medical Officer salary non-reduction – savings\n\n| 1. | A medical officer who is on a salary non-reduction provision under Annex 3.2.D, table item 10, 11 or 12 under Defence Determination 2016/19 on 29 April 2021 continues to be eligible for the benefit under Chapter 3 Part 5 Division 11, Medical Officer professional development financial support scheme, of Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of Defence Determination 2021 (No. 4). |\n| --- | --- |\n| 2. | This section ceases to apply on the day the member ceases to be eligible for the salary non-reduction. |\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function suggested by its title—savings provisions for medical officers. It has not expanded beyond its original purpose of temporarily preserving specific pay and conditions during a transition between Determinations."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 2 defined terms in the interpretation section","Simple conditional logic (if X on date Y, then Z applies)","No nested exceptions or complex cross-referencing beyond citing specific chapters, parts and table items of other instruments","Straightforward temporal limitations (specific expiry dates)","Single purpose instrument with narrow, specific application"],"plain_english_summary":"This Determination temporarily preserves pre‑April 2021 pay and conditions for Australian Defence Force medical officers who held specific protections on 29 April 2021. It keeps certain service conditions and key salary non‑reduction guarantees (including continued eligibility for an older professional development support scheme), preventing immediate pay cuts when new rules took effect. General savings expired 29 April 2021; salary protections persist until an individual no longer qualifies."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand eligibility or create new benefits. It temporarily preserves existing rules for a defined group of medical officers only, keeping prior entitlements in force until the listed expiry conditions."},"complexity_factors":["Narrow, temporally limited savings provisions reduce legal scope but require date-tracking (expiry 29 April 2021 or loss of non-reduction eligibility).","Cross-references to multiple instruments (Defence Determination 2016/19 and Defence Determination 2021 (No. 4)) require administrators to consult several texts.","Eligibility tied to specific annex/table items (Annex 3.2.D, items 10–12) increases administrative verification steps.","Legal layering: continuation of prior provisions alongside new amendments creates potential for misapplication if authorities do not apply legacy terms precisely.","Low policy discretion in text, but operational complexity for payroll/benefits teams implementing legacy terms for a subset of members."],"plain_english_summary":"Maintains pre-existing pay and professional‑development rules for certain Defence medical officers for a limited period. It preserves parts of the 2016 Conditions of Service and specified salary non‑reduction benefits for affected medical officers despite the 2021 amendment, with those savings expiring on 29 April 2021 or when salary non‑reduction eligibility ends. Defence administers and pays the benefits; affected members must meet the legacy eligibility criteria while the savings operate."},"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-medical-officer-savings-provisions-determination-2021","history":"/api/acts/defence-determination-medical-officer-savings-provisions-determination-2021/history","analysis":"/api/acts/defence-determination-medical-officer-savings-provisions-determination-2021/analysis","conflicts":"/api/acts/defence-determination-medical-officer-savings-provisions-determination-2021/conflicts","importantCases":"/api/acts/defence-determination-medical-officer-savings-provisions-determination-2021/important-cases","documents":"/api/acts/defence-determination-medical-officer-savings-provisions-determination-2021/documents"}}