{"id":"F2025L00658","name":"Defence (Individual benefits) Determination (No. 8) 2025","slug":"defence-individual-benefits-determination-no-8-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442842,"registerId":"F2025L00658-fast-fetch-1775957779567","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Individual benefits) Determination (No. 8) 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. 8) 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 4 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  Purpose\n\n5  Application\n\n6  Definitions\n\n7  Re-credit of leave credits when undertaking travel\n\n8  Revocation\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence (Individual benefits) Determination (No. 8) 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The day after the instrument is registered.\n\n\n Note: this table relates only to the provisions of this instrument as originally made.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  Purpose\n\n The purpose of this Determination is to re-credit a member’s leave credits when they are required to take leave in connection with travel between Kyiv, Ukraine and Warsaw, Poland due to circumstances affecting the ability to travel by air.  \n\n5  Application\n\nThis Determination applies to the member who holds employee identification number 8265858.\n\n6  Definitions\n\nDefence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.\n\nPosting location means Kyiv, Ukraine.\n\nDecision maker means Director Attaché and Overseas Management.\n\nPosting period means the period starting the on commencement day of this Determination commences and ending on 1 April 2026.\n\nTravel means any travel undertaken by the member that is in connection with a benefit provided under the Defence Determination.\n\nNote:   To avoid any doubt, benefits provided include a reimbursement for the cost of travel.\n\n \n\n7  Re-credit of leave credits when undertaking travel\n\n1.                This section applies if all of the following have been met.\n\n\n1.        The member is undertaking travel to or from the posting location and Warsaw, Poland.\n2.        The Defence Determination requires the member to take a type of leave while undertaking the travel.\n3.        The decision maker is satisfied of one of the following.\n\n\n1.        The member is unable to travel by air from or to the posting location due to an air space closure between the posting location and Warsaw, Poland.\n2.        That air travel between the posting location and Warsaw, Poland is unsafe. \n\n\n1.               The member is to be re-credited any leave credits that are taken on a day they are undertaking travel to or from the posting location and Warsaw, Poland during the posting period.\n\n\nNote: If there are no air space closures affecting air travel from or to the posting location and the decision maker is satisfied that air travel is not unsafe, this section has no effect and rules that would otherwise apply under the Defence Determination continue to apply.\n\n8  Revocation\n\nThis Determination is revoked on 30 April 2026.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"On its face this instrument creates a narrow, time‑limited exception that applies only to the named member for travel between Kyiv and Warsaw. The text does not indicate it expands or contracts any broader class beyond that named individual; absent other source material, there is no evidence in this instrument that the original broader Defence Determination’s scope has been altered."},"complexity_factors":["Single-member, narrowly targeted application (s.5) — limits affected population and legal reach","Conditions tied to specific travel route (Kyiv–Warsaw) and temporal posting period (s.6, s.7)","Decision-maker discretion to determine airspace closure or unsafe travel (s.6, s.7) — introduces administrative judgment","Interaction with an external instrument (Defence Determination 2016/19) for substantive leave and travel rules (s.6)","Operational effect on leave accounting and reimbursement processes (note under s.6 and s.7)","Fixed revocation date creates temporary, time-bound scope (s.8)"],"plain_english_summary":"This Determination restores (re‑credits) leave for a single named Defence member (employee ID 8265858) when they must take leave while travelling between Kyiv and Warsaw because air travel is closed or judged unsafe. The Director Attaché and Overseas Management decides whether the disruption or safety condition applies (s.6–7). The rule operates alongside Defence Determination 2016/19, runs until 30 April 2026, and restores leave balances rather than creating a new ongoing entitlement."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a bespoke, individual-specific determination that does exactly what it says on the tin. It hasn't grown beyond its original purpose — it was always intended to solve one specific administrative problem for one member in a dangerous posting, and it does precisely that."},"complexity_factors":["Extremely narrow scope — applies to exactly one identified individual (employee ID 8265858)","Only 8 sections total, with minimal cross-referencing","Single operative provision (section 7) with straightforward conditional logic (three cumulative conditions)","Only 3 defined terms, all straightforward","No nested exceptions or complex temporal calculations beyond a fixed end date","Temporary instrument with automatic revocation date"],"plain_english_summary":"This one-off rule protects ADF member 8265858, posted to Kyiv, by preventing forced use of annual/personal leave for ground travel between Kyiv and Warsaw when air travel is unsafe or airspace is closed. Leave taken for such journeys will be re‑credited, subject to determination by the Director Attaché and Overseas Management. It applies only until 1 April 2026 (determination expiring 30 April 2026). This prevents penalising the member for conflict-related travel constraints."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/defence-individual-benefits-determination-no-8-2025","history":"/api/acts/defence-individual-benefits-determination-no-8-2025/history","analysis":"/api/acts/defence-individual-benefits-determination-no-8-2025/analysis","conflicts":"/api/acts/defence-individual-benefits-determination-no-8-2025/conflicts","importantCases":"/api/acts/defence-individual-benefits-determination-no-8-2025/important-cases","documents":"/api/acts/defence-individual-benefits-determination-no-8-2025/documents"}}