{"id":"F2021L00115","name":"Defence (Location allowance) Determination 2021","slug":"defence-location-allowance-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440756,"registerId":"F2021L00115-fast-fetch-1775956281661","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Location allowance) Determination 2021","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 (Location allowance) Determination 2021\n\nI, COLONEL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 12 February 2021\n\nColonel Kirk Lloyd\n\nActing Assistant Secretary  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\nSchedule 1—Location allowance – Greece and Romania\n\nSchedule 2—Repeals\n\nDefence Determination, Conditions of service Amendment Determination 2021 (No. 1)\n\n \n\n \n\n1  Name\n\nThis instrument is the Defence (Location allowance) Determination 2021.\n\n2  Commencement\n\nThis instrument commences on the day after registration.\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Defence Act 1903.\n\n4  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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\nSchedule 1—Location allowance – Greece and Romania\n\n| 1 | Definition |\n| --- | --- |\n|  | In this schedule Defence Determination means the Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of this Determination. |\n| 2 | Greece and Romania allowances and benefits – transitional provision |\n| 1. | This section applies to a member who performed duty in Greece or Romania between 12 August 2020 and the commencement of this Determination. |\n| 2. | The member is eligible for location allowance under Chapter 16 Part 2A of the Defence Determination for duty performed by the member in Greece or Romania between 12 August 2020 and the commencement of this Determination as though Annex 16.B of the Defence Determination was in force at the time. |\n\n\nSchedule 2—Repeals\n\nDefence Determination, Conditions of service Amendment Determination 2021 (No. 1)\n\n| 1 | Schedule 3 (Transitional provisions) |\n| --- | --- |\n|  | Repeal the schedule. |\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination remains tightly focused on its original purpose: establishing transitional provisions for location allowances in Greece and Romania, and repealing an obsolete schedule. There is no scope creep."},"complexity_factors":["Very short instrument (4 sections plus 2 short schedules)","Only 1 defined term ('Defence Determination')","Single transitional provision with straightforward retrospective application","Minimal cross-referencing (only references to Defence Act 1903 section 58B and Defence Determination 2016/19)","Simple repeal of one schedule with no conditional logic"],"plain_english_summary":"This Determination grants a backdated location allowance to Australian Defence Force members who served in Greece or Romania from 12 August 2020 until the rule’s commencement, treating them as if entitlement had already existed. It also removes an obsolete temporary schedule.\n\nIt ensures personnel aren’t financially disadvantaged by administrative delay in formally approving those location allowances."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument extends the temporal application of Annex 16.B to cover service in Greece and Romania from 12 August 2020 until commencement, creating retrospective eligibility for location allowance for that period and repealing an earlier transitional schedule; it therefore widens the prior temporal coverage of entitlements and imposes administrative back-pay duties."},"complexity_factors":["Narrow subject matter: limited to location allowance for service in Greece and Romania (Schedule 1).","Short, procedural instrument with few clauses and straightforward effect.","Cross-reference dependency: effect is achieved by treating Annex 16.B of the Defence Determination as if in force, requiring administrators to consult the 2016/19 Defence Determination.","Transitional/retrospective application requires payroll recalculation and possible back-pay processing (Schedule 1, cl.2).","Low legal ambiguity: no new substantive taxonomy or discretionary criteria introduced.","Authority relies on delegated power under s58B of the Defence Act (section 3), concentrating decision authority in the Acting Assistant Secretary.","Repeal of a prior transitional schedule (Schedule 2) may alter prior administrative arrangements and record-keeping."],"plain_english_summary":"This Determination treats Annex 16.B of the Defence Determination as if it were in force for members who served in Greece or Romania from 12 August 2020 until this instrument commenced, so those members become eligible for the Defence location allowance; it also repeals a prior transitional schedule. Department of Defence (payroll) funds any retroactive payments; the Acting Assistant Secretary made the change under s58B of the Defence Act. It matters because it creates retrospective pay entitlements and requires payroll and administrative adjustments."}},"importantCases":[],"_links":{"self":"/api/acts/defence-location-allowance-determination-2021","history":"/api/acts/defence-location-allowance-determination-2021/history","analysis":"/api/acts/defence-location-allowance-determination-2021/analysis","conflicts":"/api/acts/defence-location-allowance-determination-2021/conflicts","importantCases":"/api/acts/defence-location-allowance-determination-2021/important-cases","documents":"/api/acts/defence-location-allowance-determination-2021/documents"}}