{"id":"F2022L01212","name":"Defence Determination (National day of mourning – Public holiday) Determination 2022","slug":"defence-determination-national-day-of-mourning-public-holiday-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441525,"registerId":"F2022L01212-fast-fetch-1775956797916","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination (National day of mourning – Public holiday) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence Determination (National day of mourning – Public holiday) Determination 2022\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 15 September 2022\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  Purpose\n\n5  Definition\n\n6  Application\n\n7  National day of mourning public holiday\n\n8  Interaction with the Defence Determination\n\n \n\n1  Name\n\nThis instrument is the Defence Determination (National day of mourning – Public holiday) Determination 2022.\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  Purpose\n\nThe purpose of this Determination is to provide members on a long‑term posting overseas with a short absence for the public holiday declared for Australia’s national day of mourning following the death of Her Majesty The Queen.\n\n5  Definition\n\nIn this Determination, the following definitions apply.\n\nDecision maker means the Assistant Director – Overseas Conditions of Service, People Policy and Employment Conditions.\n\nDefence Determination means the Defence Determination 2016/19, Conditions of service, as in force from time to time.\n\nLong-term posting overseas has the same meaning given in section 12.3.9 of the Defence Determination.\n\nMember has the same meaning as given in section 1.3.41 of the Defence Determination.\n\n6  Application\n\nThis Determination applies to a member on a long-term posting overseas.\n\n7  National day of mourning public holiday\n\n1. A member is eligible for a short absence from duty for the national day of mourning public holiday on one of the following days.\n\n\n1. On 22 September 2022.\n2. On a day, if any, that is a public holiday at the member’s posting location to mourn the death of Her Majesty The Queen.\n\n\n2.              If the member is required to attend for duty on the day on which section 1 applies, the member is eligible for a short absence from duty on another day set by the decision maker.\n\n3.              For the purpose of subsection 2, a member is required to attend for duty if the decision maker is satisfied their absence would affect the efficient operation of the ADF at the posting location.\n\n8  Interaction with the Defence Determination\n\nThe short absence for the national day of mourning public holiday is not counted as a public holiday for the purpose of subsection 15.1.10.1 of the Defence Determination.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument creates a narrowly targeted, one‑off entitlement for long‑term overseas posted members to observe a national day of mourning; it does not broaden coverage beyond the defined category of ‘long‑term posting overseas’ and includes an operational exception and a non‑counting rule (see ss.5–8)."},"complexity_factors":["Narrow, time‑limited scope: single event (22 September 2022) or local equivalent (s.7(1))","Applies only to members on a long‑term posting overseas, referencing external definition (s.6, s.5)","Delegated discretion: alternative day set by a named decision maker (defined in s.5) if attendance required (s.7(2))","Operational exception: “required to attend” tied to effect on efficient ADF operation (s.7(3)) — introduces managerial judgement","Interaction with existing entitlements: short absence explicitly excluded from being a public holiday for subsection 15.1.10.1 of the Defence Determination (s.8)","Relies on cross‑references to the Defence Determination for key terms and entitlement accounting, creating dependency on that instrument’s text"],"plain_english_summary":"This Determination gives Defence members on long‑term overseas postings a one‑off short absence from duty to observe Australia’s national day of mourning for the death of Her Majesty The Queen — on 22 September 2022 or on a local public-holiday equivalent. If a member’s attendance is required for the efficient operation of the ADF at their posting, the designated decision maker may set an alternative day; the absence is explicitly not counted as a public holiday under the Defence Determination."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a narrow, time-limited instrument with a single specific purpose: providing one day's leave for overseas ADF members for the Queen's national day of mourning. It has not expanded beyond its original intent."},"complexity_factors":["Very short instrument (8 sections, ~400 words)","Only 4 defined terms, all referencing existing definitions in the parent Defence Determination","Simple conditional logic: if working on the day → alternative day off","Single cross-reference to Defence Determination 2016/19 for definitions and interaction clause","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This one-off workplace determination gives Australian Defence Force members on long-term overseas postings a day off on 22 September 2022 to observe the national day of mourning for Queen Elizabeth II. It covers deployed or stationed personnel and their managers who must implement it.\n\nIf a host country already observed the day, that local holiday may be used instead, and operational needs can trigger an alternative day off. The absence does not count against regular public-holiday entitlements."}},"importantCases":[],"_links":{"self":"/api/acts/defence-determination-national-day-of-mourning-public-holiday-determination-2022","history":"/api/acts/defence-determination-national-day-of-mourning-public-holiday-determination-2022/history","analysis":"/api/acts/defence-determination-national-day-of-mourning-public-holiday-determination-2022/analysis","conflicts":"/api/acts/defence-determination-national-day-of-mourning-public-holiday-determination-2022/conflicts","importantCases":"/api/acts/defence-determination-national-day-of-mourning-public-holiday-determination-2022/important-cases","documents":"/api/acts/defence-determination-national-day-of-mourning-public-holiday-determination-2022/documents"}}