{"id":"F2019L01579","name":"Defence (Individual payment) Determination 2019","slug":"defence-individual-payment-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440325,"registerId":"F2019L01579-fast-fetch-1775955998878","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Individual payment) Determination 2019","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 payment) Determination 2019\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 4 December 2019\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  Application\n\n5  Payment – Special Forces disability allowance\n\n6  Payment – recreation leave\n\n \n\n \n\n1  Name\n\nThis Determination is the Defence (Individual payment) Determination 2019.\n\n2  Commencement\n\nThis Determination commences on the day after registration.\n\n3  Authority\n\nThis Determination is made under section 58B of the Defence Act 1903.\n\n4  Application\n\nThis Determination applies to the former member of the Australian Defence Force (the former member) who held the employee number 8217632.\n\n5  Payment – Special Forces disability allowance\n\nThe former member is eligible to receive a payment of $86,291.45 in lieu of Special Forces disability allowance.\n\n6  Payment – recreation leave\n\nThe former member is eligible to receive a payment of both the following amounts in lieu of recreation leave.\n\na. $7,498.04.\n\nb. $7,099.70.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Determination applies the authority in s58B to a named former member and sets one‑off payments (see s3, s4, s5, s6). It does not purport to amend or expand the statutory power; it operates as an exercise of that existing authority to grant payments to the specified individual."},"complexity_factors":["Narrow, individualised application: applies to a single former member (s4) which limits precedent and interpretive complexity but requires precise beneficiary identification.","Clear statutory authority: made under section 58B of the Defence Act 1903 (s3), so the instrument merely exercises an existing power rather than creating new legal tests.","Fixed monetary entitlements: specific sums are set for distinct categories (Special Forces disability allowance and recreation leave) (s5, s6), reducing calculation complexity.","Limited procedural detail: no payment timing, process, review, or appeal mechanism is stated (s5, s6), shifting implementation detail to administering officials.","Low cross-referencing: instrument is self-contained and does not modify broader statutory provisions, keeping systemic legal interaction minimal."],"plain_english_summary":"This Determination, made under section 58B of the Defence Act 1903, authorises specific one‑off payments to a named former Australian Defence Force member (employee number 8217632): an $86,291.45 payment in lieu of a Special Forces disability allowance and two recreation‑leave payments ($7,498.04 and $7,099.70). It matters because it obliges the Defence Department to make these payments, creating a direct fiscal cost and an administrative action to disburse funds."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This Determination serves its precise original purpose: authorising specific payments to a single identified individual. There is no scope creep — it does exactly what it says on the tin and nothing more."},"complexity_factors":["Extremely short — only 6 operative sections","No defined terms section","No cross-references to other legislation beyond the enabling provision (section 58B of the Defence Act 1903)","No conditional logic, exceptions, or nested provisions","Applies to exactly one identified individual (employee number 8217632)","Straightforward arithmetic: two payment amounts clearly specified"],"plain_english_summary":"This is a very specific, one-off payment order for a single former Australian Defence Force member.\n\n**What it does:**\nThe Determination authorises two payments to a specific former ADF member (employee number 8217632):\n- **$86,291.45** — compensation for Special Forces disability allowance they were entitled to but didn't receive\n- **$14,597.74** — total compensation for recreation leave entitlements (split into two amounts: $7,498.04 and $7,099.70)\n\n**Who it affects:**\nOnly one person — a former ADF member with employee number 8217632. This appears to be an administrative correction for a specific individual's entitlements.\n\n**Why it matters:**\nThis is an example of how the Defence Department uses delegated legislation (specifically, a \"Determination\" made under the Defence Act) to fix individual payment errors or disputes without needing to go through Parliament for each case. It ensures the former member receives approximately $100,889 in unpaid or disputed entitlements."}},"importantCases":[],"_links":{"self":"/api/acts/defence-individual-payment-determination-2019","history":"/api/acts/defence-individual-payment-determination-2019/history","analysis":"/api/acts/defence-individual-payment-determination-2019/analysis","conflicts":"/api/acts/defence-individual-payment-determination-2019/conflicts","importantCases":"/api/acts/defence-individual-payment-determination-2019/important-cases","documents":"/api/acts/defence-individual-payment-determination-2019/documents"}}