{"id":"F2023L01642","name":"Defence (Payments to ADF Cadets) Determination 2023","slug":"defence-payments-to-adf-cadets-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442206,"registerId":"F2023L01642-fast-fetch-1775957269445","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Payments to ADF Cadets) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nDefence (Payments to ADF Cadets) Determination 2023\n\nI, General Angus J. Campbell AO, DSC, Chief of the Defence Force, make the following determination.\n\nDated this 1st day of December 2023   \n\nSigned by\n\nAngus J. Campbell AO, DSC\n\nGeneral\n\nChief of the Defence Force\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Eligibility for payments\n\n7  Amount of payments\n\n8  Recovery of amounts paid\n\n9  Other benefits\n\n10  Authorised persons\n\n \n\nSchedule 1—Repeals\n\nDefence (Payments to ADF Cadets) Determination 2022\n\n \n\n1  Name\n\n  This instrument is the Defence (Payments to ADF Cadets) Determination 2023.\n\n2  Commencement\n\n  This instrument commences on the day after registration.\n\n3  Authority\n\n  This instrument is made under subsection 62B(1) of the Defence Act 1903.\n\n4  Definitions\n\nNote: The expression ADF Cadets is used in this instrument and is defined in the Act.\n\n  In this instrument:\n\nAct means the Defence Act 1903.\n\nauthorised person has the meaning given by section 10.\n\ndaily amount means an amount payable in respect of participation in an activity of the ADF Cadets for all or part of a day.                           \n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Eligibility for payments\n\nApplication required\n\n (1) An officer or instructor in the ADF Cadets may apply, in writing, to an authorised person, for the payment of:\n\n (a) a daily amount; or\n\n (b) an expense that has been, or will be, incurred;\n\nin respect of participation by the officer or instructor in activities of the ADF Cadets.\n\nTiming of application\n\n (2) An application made under subsection (1) must be made at or before the end of the calendar month (the relevant calendar month) that follows the calendar month in which the officer or instructor:\n\n (a) participated in the activities of the ADF Cadets; or\n\n (b) incurred the expense relating to participating in the activities of the ADF Cadets.\n\n (3) Despite subsection (2), an authorised person may approve an officer or instructor in the ADF Cadets making an application under subsection (1) after the end of the relevant calendar month.\n\nOther matters\n\n (4) The Chief of Personnel may, by notifiable instrument, determine any other matters in connection with the eligibility of members of the ADF or ADF Cadets for payments.\n\n7  Amount of payments\n\nDaily amounts\n\n (1) The amount payable under subsection 6(1) is the amount approved by notifiable instrument by the Chief of Personnel for that purpose, for an officer or instructor at the same tier as the applicant.\n\nOther amounts\n\n (2) If an expense has been, or will be, incurred in respect of participation in activities of the ADF Cadets, the amount payable is no more than the amount approved by the Chief of Personnel, by notifiable instrument, for an expense of that kind.\n\nNote: See also section 8.\n\n8  Recovery of amounts paid\n\n  If an amount is paid under section 7 and the expense is not, in fact, incurred, then the amount:\n\n (a) is a debt due by the person to the Commonwealth; and\n\n (b) may be recovered by action in a court of competent jurisdiction.\n\n9  Other benefits\n\n  (1)  A person is eligible for a payment, relating to:\n\n (a) an ADF cadet;\n\n                        (b) an officer or instructor in the ADF Cadets; or\n\n (c) other adult volunteers assisting at an ADF Cadets activity;\n\n if the decision maker is satisfied there are exceptional circumstances in connection with participation in the activities of the ADF Cadets.\n\nNote: These expenses would not be covered by subsection 7(2).\n\n (2) The payment under subsection (1) is an amount set by the decision maker.\n\n (3) The decision maker is any of the following:\n\n (a) Chief of the Defence Force;\n\n (b) Chief of Personnel;\n\n (c) Head Joint Support Services Division;\n\n (d) Director-General Australian Navy Cadets;\n\n (e) Commander Australian Army Cadets;\n\n (f) Director-General Cadets – Air Force.          \n\n10  Authorised persons\n\n  The Chief of Personnel may, by notifiable instrument, authorise a person to approve an application made under section 6 of this instrument.\n\n \n\n\n\n\n \n\nSchedule 1—Repeals\n\nDefence (Payments to ADF Cadets) Determination 2022\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow scope. It is a straightforward annual remake of payment rules for ADF Cadet volunteers, replacing the 2022 Determination without expansion into new areas. The structure and coverage remain consistent with typical Defence administrative determinations."},"complexity_factors":["Short instrument: 10 sections plus a repeal schedule","Minimal defined terms: only 3 explicit definitions in section 4 (Act, authorised person, daily amount), plus one referenced term (ADF Cadets defined in parent Act)","Simple structure: linear progression from eligibility → amount → recovery → exceptions","Limited cross-referencing: only references to parent Act (Defence Act 1903) and internal sections","Straightforward conditions: single-layer timing rules (subsection 6(2)) with one simple exception (subsection 6(3))","No nested exceptions or complex conditional logic","Clear delegation chain: Chief of Personnel has central authority with ability to delegate"],"plain_english_summary":"This Determination sets rules for paying adult volunteers who serve as officers and instructors in Australia’s Defence Force Cadets, and other adults who assist cadet activities. It explains how to claim timely reimbursement or daily payments, allows exceptional payments and delegations by senior personnel, and requires repayment if funds were wrongly received. It replaces the 2022 instrument to ensure fair volunteer compensation while maintaining accountability."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the Defence (Payments to ADF Cadets) Determination 2022 and replaces it with a standalone set of rules covering who may apply for payments, the timing of applications, delegation and authorisation arrangements, how payment amounts are set (by Chief of Personnel notifiable instruments), recovery of overpayments, and a defined list of officials who may approve exceptional payments (see ss6–10 and Schedule 1)."},"complexity_factors":["Delegated rule‑making: payment amounts and other details are set by the Chief of Personnel via notifiable instruments rather than fixed in the Determination (s7, s4, s10).","Discretion exercised by authorised persons and listed senior decision‑makers to approve applications or late claims (s6(3), s9).","Timing and administrative compliance: strict application deadline (end of the next calendar month) with limited discretion to accept late claims (s6(2)–(3)).","Recovery mechanism converting overpaid sums into Commonwealth debts enforceable in court (s8).","Repeal of prior instrument creates a replacement administrative framework rather than an incremental amendment (Schedule 1)."],"plain_english_summary":"This Determination sets rules for payments to ADF Cadet officers and instructors: they may apply to an authorised person for a daily payment or reimbursement for expenses (s6), with amounts set by the Chief of Personnel by notifiable instrument (s7). Payments not incurred can be recovered as a debt (s8); senior officers may approve exceptional payments (s9), and it repeals the 2022 Determination."}},"importantCases":[],"_links":{"self":"/api/acts/defence-payments-to-adf-cadets-determination-2023","history":"/api/acts/defence-payments-to-adf-cadets-determination-2023/history","analysis":"/api/acts/defence-payments-to-adf-cadets-determination-2023/analysis","conflicts":"/api/acts/defence-payments-to-adf-cadets-determination-2023/conflicts","importantCases":"/api/acts/defence-payments-to-adf-cadets-determination-2023/important-cases","documents":"/api/acts/defence-payments-to-adf-cadets-determination-2023/documents"}}