{"id":"F2025L00699","name":"Defence (Individual benefits) Determination (No. 10) 2025","slug":"defence-individual-benefits-determination-no-10-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442852,"registerId":"F2025L00699-fast-fetch-1775957784967","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Individual benefits) Determination (No. 10) 2025","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 (Individual benefits) Determination (No. 10) 2025\n\nI, SARAH KATE MCGREGOR, Acting Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 18 June 2025\n\nSarah Kate McGregor\n\nActing Director General  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\n5  Purpose\n\n6  Application\n\n7  Definitions\n\n8  Housing assistance\n\n9  Repeal\n\nSchedule 1— Repeals\n\nDefence (Individual benefits) Determination (No. 7) 2025\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence (Individual benefits) Determination (No. 10) 2025.\n\n2  Commencement\n\n1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Instrument. The day after the instrument is registered.\n\n\n Note: this table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\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\n5  Purpose\n\n The purpose of this Determination is to make a home the member owns not to be a suitable own home due to the unique circumstances that apply.\n\n6  Application\n\nThis Determination applies to the member holding the employment identification number 8559423 during the following period.\n\n1.        Starting on 12 July 2024.\n2.        Ending on 30 June 2026.\n\n\n7  Definitions\n\nIn this Determination the following apply.\n\nDefence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.\n\n8  Housing assistance\n\nDespite the definition of suitable own home under section 7.2.5 of the Defence Determination, the member’s home on Scarborough Close, Port Macquarie, New South Wales, is not a suitable own home.\n\n9  Repeal\n\n  This Determination is repealed on 1 July 2026.\n\n\n\n\nSchedule 1— Repeals\n\nDefence (Individual benefits) Determination (No. 7) 2025\n\n| 1 | The whole of the instrument |\n| --- | --- |\n|  | Repeal the instrument. |\n\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Compared with the earlier instrument it expressly repeals (Schedule 1), this Determination alters the operative statutory landscape by replacing prior individual relief (No. 7 of 2025) and restating a targeted exception. Its stated purpose (s5) and operative effect (s8) remain narrowly focused on treating the named property as unsuitable for housing-assistance rules for the specified period (s6), but the repeal (Schedule 1) changes which instrument governs that member’s status."},"complexity_factors":["Targeted application to a single named member (s6) — reduces legal breadth but increases administrative specificity.","Temporal limitation to a defined period (s6, s9) — creates a clear start/end but requires renewal or lapse handling.","Overrides the general definition of “suitable own home” in Defence Determination 2016/19 (s8) — requires cross-referencing primary instrument.","Made under delegated power (s3, s58B Defence Act) — centres decision-making discretion in the Acting Director General.","Repeals an earlier individual benefits Determination (Schedule 1) — changes the statutory landscape for related cases.","Purpose relies on an undefined concept of 'unique circumstances' (s5) — potential interpretive and implementation ambiguity for administrators."],"plain_english_summary":"This instrument, made under section 58B of the Defence Act, declares that a specific Defence member’s owned home in Port Macquarie is not a “suitable own home” for housing-assistance purposes between 12 July 2024 and 30 June 2026. It overrides the usual test in Defence Determination 2016/19 for that named employment ID and repeals a prior related Determination. The change alters that member’s eligibility for Defence housing assistance and requires Defence to record the ‘unique circumstances’ that justify the exception."},"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 instrument maintains its original narrow, individual-specific purpose. It is a standard 'individual benefits' determination under section 58B of the Defence Act, which is specifically designed to provide tailored benefits for unique circumstances affecting individual members. The repeal of Determination No. 7 of 2025 suggests this is a replacement of a previous individual arrangement rather than an expansion of scope."},"complexity_factors":["Extremely narrow scope — affects only one identified individual by employee number","Single operative provision (section 8) with straightforward 'despite' override language","Minimal cross-referencing — only references section 7.2.5 of Defence Determination 2016/19 and section 58B of the Defence Act 1903","Only 4 defined terms, one of which is a simple reference to another instrument","Simple temporal boundaries with explicit start date, end date, and automatic repeal","No nested conditions, exceptions, or discretionary decision-making frameworks"],"plain_english_summary":"This Determination makes a one‑off exception for a single Defence member (ID 8559423), declaring their Scarborough Close, Port Macquarie home is not a “suitable own home” so the member can receive Defence housing assistance they would otherwise be excluded from. It replaces an earlier individual Determination, operates retrospectively from 12 July 2024 to 30 June 2026, and expires on 1 July 2026."}},"importantCases":[],"_links":{"self":"/api/acts/defence-individual-benefits-determination-no-10-2025","history":"/api/acts/defence-individual-benefits-determination-no-10-2025/history","analysis":"/api/acts/defence-individual-benefits-determination-no-10-2025/analysis","conflicts":"/api/acts/defence-individual-benefits-determination-no-10-2025/conflicts","importantCases":"/api/acts/defence-individual-benefits-determination-no-10-2025/important-cases","documents":"/api/acts/defence-individual-benefits-determination-no-10-2025/documents"}}