{"id":"F2025L00992","name":"Defence (Individual benefits) Determination (No. 13) 2025","slug":"defence-individual-benefits-determination-no-13-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442936,"registerId":"F2025L00992-fast-fetch-1775957850965","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Individual benefits) Determination (No. 13) 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. 13) 2025\n\nI, BRIGADIER KIRK LLOYD, Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 26 August 2025\n\nBRIG Kirk Lloyd\n\nDirector General  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  Application\n\n6  Definitions\n\n7  Overseas conditions of service benefits\n\n8  Travel for the member’s dependants\n\n9  Removal\n\n10  Reunion travel\n\n11  Member’s benefits\n\n12  Cessation of benefits\n\nSchedule 1—Transitional provision\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence (Individual benefits) Determination (No. 13) 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after the instrument is registered.\n\n\n \n\n Note: this table relates only to the provisions of this instrument as originally made.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  Purpose\n\n The purpose of this Determination is to provide overseas conditions of service benefits to a member who is on a long-term posting overseas whose dependants live at another overseas location.\n\n5  Application\n\nThis Determination applies to the member holding the employee identification number 8093897.\n\n6  Definitions\n\nIn this Determination:\n\nDefence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.\n\nDependant means a person who would be recognised as a dependant under section 12.3.5 of the Defence Determination had they lived with the member in the member’s posting location.\n\nDependant’s location means New Delhi, India.\n\nMember’s posting location means Wellington, Tamil Nadu, India.\n\n7  Overseas conditions of service benefits\n\n1.               The member is eligible for benefits provided under Chapters 12 and 14 to 16 of the Defence Determination for their dependants that they would be eligible for if the dependant’s location was the member’s posting location.\n2.               Despite subsection 1, reunion travel provided under Division 3 of Part 3 of Chapter 15 of the Defence Determination does not apply to the member.\n\n\n8  Travel for the member’s dependants\n\nThe member is eligible for a business class flight for each of their dependants to relocate the dependants from the member’s posting location to the dependant’s location.\n\n9  Removal\n\nThe member is eligible for the removal of items that were removed to the member’s posting location under Part 3 of Chapter 14, to relocate the dependant’s items from the member’s posting location to the dependant’s location.\n\nNote:  Items that are required by the member at the member’s posting location which were removed under Part 3 of Chapter 14, are not included in the removal under this section.\n\n10  Reunion travel\n\nThe member is eligible for one return economy class flight to the dependant’s location for the purpose of reuniting with their dependants.\n\n11  Member’s benefits\n\n1.               Benefits provided under this Determination do not affect the benefits that the member would otherwise be eligible for under the Defence Determination in the member’s posting location.\n2.               The member is eligible for all of the following on completion of their posting in the member’s posting location.\n\n\n1.        A business class flight from the member’s posting location to the dependant’s location.\n2.        60kg of excess baggage.\n\n\n12  Cessation of benefits\n\nBenefits provided under this Determination cease on the day the member commences their long-term posting in the dependant’s location.\n\nSchedule 1—Transitional provision\n\n1  Transitional\n\nThe member is eligible for any benefit that they would be eligible for under this Determination between 29 July 2025 and the commencement of this Determination as though this Determination had applied at the time.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Determination departs from the general application of the Defence Determination by creating a bespoke entitlement package for one named member (section 5). It extends Chapters 12 and 14–16 benefits to dependants who live elsewhere by treating them as if at the posting location (section 7(1)), while expressly excluding reunion travel (section 7(2)). It adds bespoke travel and removal entitlements (sections 8–11), includes a cessation trigger when the member relocates to the dependant’s location (section 12), and applies retrospectively from 29 July 2025 (Schedule 1)."},"complexity_factors":["Targeted application to a single identified member (section 5) — reduces general complexity but increases bespoke implementation steps.","Extensive cross-reference to the Defence Determination (definition and sections 7 and 11) requiring administrators to apply external chapters 12 and 14–16 to this case.","A specific exclusion to a standard entitlement (reunion travel excluded under section 7(2)) which requires careful reconciliation with Chapter 15 entitlements.","Different travel entitlements and classes for dependants and the member (dependant business class: section 8; reunion economy: section 10; completion business class + 60kg: section 11(2)).","Removal entitlement limited to items previously removed to the posting location and excluding items still required at posting (section 9) — creates evidentiary and logistical burdens.","Cessation trigger tied to commencement of posting in the dependant’s location (section 12) — an operational milestone that must be verified.","Transitional effect backdating eligibility to 29 July 2025 (Schedule 1) — requires retrospective payment/record checks.","Formal commencement and authority mechanics (sections 2 and 3) mean implementation rests with Defence People Group and its administrative processes."],"plain_english_summary":"This Determination gives a named Defence member (employee ID 8093897) specific overseas service benefits because their dependants live in New Delhi while the member is posted in Wellington, Tamil Nadu. It treats those dependants as if they were at the member’s posting for certain entitlement chapters, authorises business-class travel and household removals, and sets limits and exclusions. Defence, under its existing conditions-of-service rules, funds and administers the payments and stops them if the member moves to the dependants’ location."},"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 scope. It was clearly intended from inception to address the specific circumstances of one member with a unique posting arrangement (member in Wellington, Tamil Nadu; dependants in New Delhi). The content matches this purpose exactly — it does not expand to cover other members, other locations, or broader policy changes."},"complexity_factors":["Extremely narrow scope: applies to exactly one identified individual (employee ID 8093897)","Only 12 substantive sections plus a single transitional provision","Minimal defined terms (only 3 definitions in section 6)","Simple conditional logic: benefits apply until member moves to dependant's location (section 12)","Heavy reliance on external document (Defence Determination 2016/19) for substantive benefit rules rather than reciting them","No nested exceptions or complex temporal provisions beyond the single transitional clause"],"plain_english_summary":"This Determination creates a one-off, tailored benefits package for a single ADF member (employee ID 8093897) whose dependants live separately in New Delhi while the member is posted to Wellington, Tamil Nadu. It treats those dependants as if resident with the member for most overseas entitlements (excluding reunion travel) and adds specific travel and removal benefits for dependants and limited travel and baggage benefits for the member, effective retrospectively from 29 July 2025.\n\nIt exemplifies delegated, case‑specific administrative action under section 58B of the Defence Act."}},"importantCases":[],"_links":{"self":"/api/acts/defence-individual-benefits-determination-no-13-2025","history":"/api/acts/defence-individual-benefits-determination-no-13-2025/history","analysis":"/api/acts/defence-individual-benefits-determination-no-13-2025/analysis","conflicts":"/api/acts/defence-individual-benefits-determination-no-13-2025/conflicts","importantCases":"/api/acts/defence-individual-benefits-determination-no-13-2025/important-cases","documents":"/api/acts/defence-individual-benefits-determination-no-13-2025/documents"}}