{"id":"F2026L00424","name":"Defence (Individual Benefits) Determination (No. 3) 2026","slug":"defence-individual-benefits-determination-no-3-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443240,"registerId":"F2026L00424-fast-fetch-1775958125990","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Individual Benefits) Determination (No. 3) 2026","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. 3) 2026\n\nI, Admiral David Johnston AC RAN, Chief of the Defence Force, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 7 April 2026\n\nADML David Johnston AC RAN\n\nChief of the Defence Force  Defence People Group\n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Interpretation\n\n5 Application\n\n6 Allowance\n\n7 Additional recreation leave\n\n8 Payment on taking recreation leave\n\n9 Payout of recreation leave\n\n10 Payout of long service leave\n\n11 Cessation of benefits\n\n12 Repeals\n\n \n\n \n\n1 Name\n\nThis instrument is the Defence (Individual Benefits) Determination (No. 3) 2026.\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\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Instrument not elsewhere covered by this table. The day after the instrument is registered.\n- 2. Sections 4 to 12 1 July 2026\n\n\nNote:  This table relates only to the provisions of this instrument as originally made.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\n1.               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\n\n3 Authority\n\nThis instrument is made under section 58B of the Defence Act 1903.\n\n4 Interpretation\n\n1. The following definitions apply in this Determination:\n\nAnnual allowance has the same meaning given in section 5.4.42 of the Defence Determination.\n\nDefence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.\n\nReference salary has the same means as given in Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018, as in force from time to time.\n\nSalary means the amount payable to the member under Section B.1.6 of the Salaries Determination.\n\nSalaries Determination means Defence Force Remuneration Tribunal Determination No. 2 of 2017, as in force from time to time.\n\n2. A reference to the daily rate of an annual rate of an allowance or salary, including the reference salary, means one 365th of the annual rate.\n\n5 Application\n\n This Determination applies to the member with the employee identification number 8080430.\n\n6 Allowance\n\n1. The member is eligible for an allowance for each day of service calculated in accordance with the following.\n\n \n\n![start formula allowance daily rate equals A subtract B divided by 365 end formula](image.002.png)\n\nWhere:\n\nA is the member’s reference salary on their last day of their appointment as a statutory office holder.\n\nB is the member’s salary.\n\n2. The allowance in subsection 1 is payable on a fortnightly basis.\n\n7 Additional recreation leave\n\n The member is eligible for an additional 15 days of recreation leave to be accrued on the commencement of this Determination.\n\n8 Payment on taking recreation leave\n\n1.               Despite subsection 5.4.36.1 of the Defence Determination, the member is to be paid the daily rate of salary on a day the member is on recreation leave.\n\n\nNote: The allowance payable under section 6 of this Determination continues to be payable on a day the member takes recreation leave.\n\n1.               Subsection 5.4.36.4 of the Defence Determination does not apply to the member.\n\n\n9 Payout of recreation leave\n\n For the purpose of the formula in subsection 5.4.44A of the Defence Determination, the following apply.\n\n a. A  is the sum of the following:\n\ni.  the daily rate of the member’s reference salary on their last day of their appointment as a statutory office holder.\n\n ii.  the daily rate of annual allowances the member is eligible for.\n\n b. D  is the sum of the following:\n\ni.  the daily rate of the member’s reference salary on their last day of their appointment as a statutory office holder.\n\n ii.  the daily rate of annual allowances the member is eligible for.\n\n10 Payout of long service leave\n\n Despite subsection 5.5.26.4 and subsection 5.5.26.6 of the Defence Determination, the payment for long service leave credits is calculated in accordance with the following formula.\n\n![Start formula payment for long service leave credits equals A mulpilied by open bracket B plus C divided by 12 close bracket end formula](image.003.png)\n\nWhere:\n\nA is the number of long service leave credits in months the member holds on their last day of service.\n\nB is the member’s reference salary on their last day of their appointment as a statutory office holder.\n\nC is the sum of the rate of any annual allowances payable to the member on their last day of service in the ADF.\n\n11 Cessation of benefits\n\n This determination ceases to apply on the day after any of the following occur.\n\n1.               The member ceases to be a member of the Permanent Forces.\n2.               The member is appointed, or posted, to a position in which they cease to undertake activities that support their transition from the Permanent Forces.\n\n\n12 Repeals\n\n This Determination is repealed on 1 November 2026.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard individual benefits determination under section 58B of the Defence Act 1903. These instruments are specifically designed to provide tailored remuneration and conditions for individual members in exceptional circumstances (typically senior officers transitioning from statutory appointments). The scope is appropriately narrow and matches the intended purpose of this legislative mechanism."},"complexity_factors":["Only 12 sections total, with most being 1-2 subsections","5 defined terms in section 4, all referencing external instruments","Simple mathematical formulas (basic arithmetic: subtraction, division, multiplication)","Single beneficiary (one employee ID specified in section 5)","Limited cross-references (only to Defence Determination 2016/19 and Remuneration Tribunal Determination)","No nested exceptions or conditional logic beyond basic 'despite' clauses","Self-terminating provisions (automatic repeal date and cessation triggers)","Straightforward application scope (one individual, specific timeframe)"],"plain_english_summary":"This instrument authorises a one-off transitional pay and leave arrangement for a single ADF member (employee ID 8080430) returning from a senior statutory office to regular service. It tops up pay to match the former higher salary, grants extra recreation leave, and ensures leave and exit payouts are calculated at the higher rate.\n\nIt matters because it prevents a substantial income drop for a senior leader continuing to serve after leaving a top appointment."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument narrows and customises the general Defence pay-and-leave framework for one specific member (employee ID 8080430). It alters who receives particular payments and how those payments are calculated (allowance formula, recreation and long‑service leave payout methods), disapplies certain standard rules, and sets temporal limits (commencement staging and repeal on 1 Nov 2026). Administratively, responsibility to pay and monitor eligibility falls to Defence under this Determination rather than under the standard Defence Determination alone."},"complexity_factors":["Targeted application to a single identified member (s 5) — narrow scope but requires individual data","Multiple cross-references to external instruments (Defence Determination, Salaries Determination, Remuneration Tribunal Determination) requiring reconciliation","Numeric formulas for daily allowance and long‑service payout that combine reference salary, salary and annual allowances (ss 6, 10) — precision and rounding rules matter","Disapplication and modification of specific Defence Determination subsections (ss 8–10) creating bespoke entitlement rules","Staged commencement (sections 1–3 vs 4–12) and a fixed repeal date (s 12) imposing temporal complexity for administration","Explicit definition of daily rate as 1/365 (s 4.2) affecting per‑day calculations and payment cycles","Cessation triggers linked to employment status and role duties (s 11) that require ongoing monitoring"],"plain_english_summary":"This Determination gives one named Defence member (employee ID 8080430) a tailored pay-and-leave package: a daily allowance equal to the annual difference between their reference salary and actual salary divided by 365 (paid fortnightly), 15 extra days recreation leave, recreation leave paid at daily salary, and modified formulas for recreation‑leave and long‑service leave payouts. It disapplies some standard Defence Determination rules, ceases when the member leaves the Permanent Forces or transitions roles, and is repealed on 1 November 2026."}},"importantCases":[],"_links":{"self":"/api/acts/defence-individual-benefits-determination-no-3-2026","history":"/api/acts/defence-individual-benefits-determination-no-3-2026/history","analysis":"/api/acts/defence-individual-benefits-determination-no-3-2026/analysis","conflicts":"/api/acts/defence-individual-benefits-determination-no-3-2026/conflicts","importantCases":"/api/acts/defence-individual-benefits-determination-no-3-2026/important-cases","documents":"/api/acts/defence-individual-benefits-determination-no-3-2026/documents"}}