{"id":"F2023L00871","name":"Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 5)","slug":"f2023l00871","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441971,"registerId":"F2023L00871-fast-fetch-1775957123417","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 5)","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 Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 5)\n\nI, FIONA McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.\n\nDated 22 June 2023\n\nFiona 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  Schedules\n\nSchedule 1—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\nSchedule 2—Transitional and savings provisions\n\n \n\n1  Name\n\nThis instrument is the Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 5).\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- The whole of this Instrument. 1 July 2023\n\n\n \n\n Note: this table relates only to the provisions of this instrument as originally made.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  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—Miscellaneous amendments\n\nDefence Determination 2016/19, Conditions of service\n\n- 1 Section 1.3.1\n- Insert\n- Breakdown of a relationship occurs when a person ceases to be a partner.Note: Subsection 1.3.36 provide the rule on when a person ceases to be a partner.\n- 2 Section 1.3.1 (definition of loosing location)\n- Omit “loosing”, substitute “losing”.\n- 3 Section 1.3.1 (definition of non-resident family)\n- Omit “do”.\n- 4 Section 1.3.1 (definition of Operational area)\n- Omit the definition, substitute:\n- Operational area means any of the following.\n- a. For overseas service on deployment, means the specified area in column B of the table in section 17.7.6.\n- b. For overseas service other than a deployment, has the meaning given in section 6 of the Veterans’ Entitlements Act 1986.\n- 5 Section 1.3.1 (definition of Public holiday)\n- Omit “5.12.10”, substitute “15.1.10”.\n- 6 Subsection 1.3.6.3\n- Omit “CDF approved the member’s application changes”, substitute “member’s application was approved changes”.\n- 7 Paragraph 1.3.7.e (table)\n- Before “Part 6” (wherever occurring), insert “Chapter 7”.\n- 8 Paragraph 1.3.7.e (table)\n- Before “Part 7” (wherever occurring), insert “Chapter 7”.\n- 9 Section 1.3.8\n- Repeal the section, substitute:\n\n\n##### 1.3.8    Service location\n\n- Service location means any of the following.\n- a. If the member is on continuous full-time service, the location where the member is normally expected to provide capability under any of the following.\n- i. A posting order.\n- ii. An alternate located work agreement.\n- iii. A transition location (general) agreement.\n- iv. A transition location (medical) agreement.\n- b. If the member is posted to any of the following, the ship’s or submarine’s home port.\n- i. A seagoing ship.\n- ii. A seagoing submarine.\n- iii. A flight liable to embark on a seagoing ship.\n- c. If the member is on Reserve service, the location where they are expected provide capability on the day they provide reserve service.\n- 10 After paragraph 1.3.9.b\n- Insert:\n- c. If the member is a member on reserve service, one of the following.\n- i. They are posted to a position.\n- ii. The location where they are expected to provide the majority of their capability in the financial year.\n- 11 Paragraph 1.3.10.c\n- Omit “1.3.10”, substitute “1.3.11”.\n- 12 Paragraph 1.3.12.1.b\n- Omit “If the member”, substitute “If”.\n- 13 Section 1.3.31\n- After “unaccompanied resident family”, insert “,”.\n- 14 Subparagraph 1.3.37.1.d.iii\n- Repeal the subparagraph, substitute:\n- iii. The inability of the person to live with the member is because of an intellectual, physical or psychiatric disability.\n- 15 Subsection 1.3.39.1\n- Omit “the member and the other person”, substitute “two persons who are both at least 18 years old”.\n- 16 Section 1.3.51\n- Renumber as section 1.3.42.\n- 17 After section 1.3.51\n- Insert:\n\n\n##### 1.3.43    Meaning of specific words for determinations made under section 58H of the Defence Act 1903\n\n- For the purpose of a determination made under section 58H of the Defence Act 1903 the following apply.\n- a. A dependant of a member means a person who is resident family of the member.\n- b. A member with dependants (unaccompanied) means a member who has unaccompanied resident family.\n- 18 Section 2.3.4\n- Omit “by the CDF”.\n- 19 Section 3.2.13 (table item 1)\n- Omit “normal place of duty”, substitute “service location”.\n- 20 Paragraph 3.3.6.4.b\n- Omit “receive”, substitute “receives”.\n- 21 Paragraph 3.3.10.a\n- Omit “Medical”, substitute “Military”.\n- 22 Paragraph 3.3.10.d\n- Repeal the paragraph, substitute:\n- d. The member has been given a notice for the purpose of termination under one of the following and a decision on that notice has not been made.\n- i. Section 101 of the Act.\n- ii. Section 24 of the Defence Regulation.\n- 23 Paragraph 3.3.14.a\n- After “specified position”, insert “or specified role”.\n- 24 Paragraph 3.3.19.2.a\n- Repeal the paragraph, substitute:\n- a. If the member has chosen to receive the bonus amount in 1 payment — from the first payday after the member has made a valid acceptance of the valid offer.\n- 25 Subparagraph 3.3.19.2.b.i\n- Repeal the paragraph, substitute:\n- i. The first payment, being 50% of the bonus amount — from the first payday after the member has made a valid acceptance of the valid offer.\n- 26 Subsection 3.3.19.3\n- After “2 payments”, insert “and”.\n- 27 Subsection 3.3.20.3\n- After “2 payments”, insert “and”.\n- 28 Subparagraph 3.3.21.1.d.ii\n- Omit “transfers”, substitute “transfer”.\n- 29 Paragraph 3.3.21.1.f\n- Omit “discharge”, substitute “dismissed”.\n- 30 Paragraph 3.3.22.1.b\n- Omit “transfers”, substitute “transfer”.\n- 31 Paragraph 3.3.22.1.f\n- Omit “discharge”, substitute “dismissed”.\n- 32 Subsection 4.4.14.4\n- Repeal the subsection, substitute:\n- 4. Despite subsection 3, subsection 5 applies if a member meets all of the following.\n- a. Their primary service location changes from one remote location to another remote location.\n- b. They have unaccompanied resident family because their resident family remain in the first remote location.\n- 33 Section 4.5.6\n- Omit “normal place of duty” (wherever occurring), substitute “service location”.\n- 34 Section 5.8.2\n- Repeal the section.\n- 35 Section 5.11.23 (heading)\n- Omit “a”.\n- 36 Subsection 5.13.4.2\n- Omit “not”, substitute “no”.\n- 37 Section 6.1A.2 (definition of breakdown of relationship)\n- Omit the definition.\n- 38 Paragraph 6.5.26.1.b\n- Repeal the paragraph, substitute:\n- b. They have a posting order that would require them to move outside of their current housing benefit location.\n- 39 Subsection 6.5.26.2\n- After “furniture and effects” (wherever occurring), insert “to their next housing benefit location”.\n- 40 Subsection 6.5.26.4\n- Omit “the location specified in the member’s new posting order”, substitute “their next housing benefit location”.\n- 41 Subsection 6.5.26.4\n- Omit “their new housing benefit location”, substitute “the location specified in the member’s next posting order. Note: If the outcome is less than $0, the member is not eligible to receive the amount”.\n- 42 Subsection 6.5.46.3 (table item 6)\n- Repeal the table item, substitute:\n\n\n \n\n| 6. | The member has unaccompanied resident family and no accompanied resident family and is to relocate  from subsidised accommodation to the family benefit location of their unaccompanied resident family | The housing benefit location they last received a removal to. | The family benefit location of their unaccompanied resident family. | The removal must occur before their unaccompanied resident family are removed to a location under paragraph 6.5.46A.1.b. |\n| --- | --- | --- | --- | --- |\n\n\n \n\n- 43 Section 6.5.46A (heading)\n- Omit “with dependants (unaccompanied)”, substitute “who have unaccompanied resident family”.\n- 44 Subsection 6.5.46A.1\n- Repeal the subsection, substitute:\n- 1. This section applies to a member who has unaccompanied resident family and no accompanied resident family.\n- 1A. The member is eligible for an additional removal in accordance with the following.\n- a. If the member receives a removal under subsection 6.5.46.3 table item 1, 2, 3, 4 or 5 — the member is eligible for a removal for their unaccompanied resident family between the following locations.\n- i. The unaccompanied resident family’s family benefit location.\n- ii. The location the member received their removal to under subsection 6.5.46.3.\n- b. If the member receives a removal under subsection 6.5.46.3 table item 6 — the member is eligible for a removal for themselves and their unaccompanied resident family from the unaccompanied resident family’s family benefit location to one of the following.\n- i. If the member and their unaccompanied resident family are to relocate overseas — the Australian capital city that is the nearest port of exit to the overseas location the member has nominated to live following ceasing continuous full-time service.\n- ii. The location in Australia the member has nominated to live following ceasing continuous full-time service.\n- c. If the member is not eligible for a removal under subsection 6.5.46.3 — the member is eligible for a removal for their unaccompanied resident family from the unaccompanied resident family’s family benefit location to one of the following.\n- i. If the member and their unaccompanied resident family are to relocate overseas — the Australian capital city that is the nearest port of exit to the overseas location the member has nominated to live following ceasing continuous full-time service.\n- ii. The location in Australia the member has nominated to live following ceasing continuous full-time service.\n- 45 Subparagraph 6.5.53.1.c.ii\n- Omit “CDF decides that a”.\n- 46 Paragraph 6.5.60.4.a\n- Repeal the paragraph, substitute:\n- a. If the member's eligibility for a removal under subsection 6.5.46.4 table item 3 has been extended — the day the extended period ends.\n- 47 Division 10 of Part 5 to Chapter 6 (heading)\n- Omit “non-Service person on breakdown of marriage or partnership”, substitute “non-Service partner on breakdown of relationship”.\n- 48 Subsection 6.5.80.2\n- Omit “relationship breakdown”, substitute “breakdown of a relationship”.\n- 49 Subsection 6.5.85.2 (second occurring)\n- Omit \"2. If the member\", substitute \"2A. If the member\".\n- 50 Paragraph 6.5A.8.2.b\n- Omit \"There member\", substitute \"The member\".\n- 51 Subsection 7.1.22.2\n- Omit “spouse”, substitute “partner”.\n- 52 Section 7.2.12\n- Before “A member’s home”, insert “1.”.\n- 53 Paragraph 7.2.12.c\n- Repeal the paragraph, substitute:\n- c. The member's relationship has broken down and all of the following apply.\n- i. The member's partner lives in the home.\n- ii. The member is unable to live in the home because of subparagraph i.\n- ii. The member is not receiving rent for the home from their partner.\n- 54 At the end of section 7.2.12\n- Add:\n- 2. In this section, partner includes a former partner.\n- 55 Subsection 7.5.16.2\n- Omit “the CDF makes a decision under section 7.5.7”, substitute “the day the decision under section 7.5.7 is made”.\n- 56 Section 7.5.17 (table item 10, column A)\n- Omit “not the”, substitute “not”.\n- 57 Subsection 7.6.33.4\n- Repeal the subsection, substitute:\n- 4. To continue to be eligible for housing assistance, the member must either accept a reasonable offer or reject it in writing for a reason in section 7.6.34.\n- 58 Section 7.6.53 (note 2)\n- Omit “7.6.41.3”, substitute “7.6.41.2”.\n- 59 Subsection 7.6.59.5\n- Omit “marriage or partnership”, substitute “relationship”.\n- 60 Subsection 7.7.14.2 (table items 4 and 5, column A)\n- Omit “meets”, substitute “meet”.\n- 61 Section 7.8.13\n- Omit “7.8.12.2”, substitute “7.8.12.1”.\n- 62 Paragraph 8.4.21.1A.b\n- Omit “dependant”, substitute “resident family”.\n- 63 Section 8.9.1\n- Omit “recognised”, substitute “resident”.\n- 64 Division 2 of Part 3 to Chapter 9 (heading)\n- Omit “marriage or partnership”, substitute “relationship”.\n- 65 Section 9.3.15\n- Repeal the section and substitute:\n\n\n##### 9.3.15    Purpose\n\n|  | This Division provides travel benefits for a non-Service partner following the breakdown of their relationship with a member posted to a location within Australia. |\n| --- | --- |\n| 66 | Section 9.3.16 |\n|  | Repeal the section. |\n| 67 | Subsection 9.3.18.1 |\n|  | Omit “of relationship”, substitute “of a relationship”. |\n| 68 | Subsection 9.3.18.3 |\n|  | Omit “marriage breakdown”, substitute “the breakdown of a relationship”. |\n| 69 | Paragraph 9.3.33H.2.b |\n|  | Omit “dependants”, substitute “resident family”. |\n| 70 | Section 9.3.64 |\n|  | Repeal the section, substitute: |\n\n\n##### 9.3.64    Definitions\n\n- The following terms are defined for the purposes of this Division.\n- Approved period has the meaning given in section 9.3.68.\n- Approved visitor has the meaning given in section 9.3.67.\n- Hospital includes any of the following.\n- a. Military health care facility.\n- b. Public or private hospital.\n- c. Psychiatric facility.\n- Medical authority means a person who is a qualified medical practitioner responsible for determining the medical condition of a member.\n- 71 Section 9.4.25\n- Repeal the section, substitute:\n\n\n##### 9.4.25    Definitions\n\n- The following terms are defined for the purposes of this Division.\n- Close family member means any of the following.\n- a. The member’s child, parent, grandparent, brother or sister.\n- b. The child, parent, grandparent, brother or sister of the member’s partner.\n- c. The member's partner who lives outside the remote location.\n- Transfer, in relation to the transfer of a benefit, includes the transfer of any of the following.\n- a. Eligibility for transportation benefits.\n- b. Eligibility for the member to be paid vehicle allowance for travel by another specified person in a private vehicle.\n- 72 Section 9.5.8 (definition of normal place of duty)\n- Omit the definition.\n- 73 Paragraph 9.5.22.1.a\n- Repeal the paragraph, substitute:\n- a. They live continuously in a location for 21 days or more in one of the following circumstances.\n- i. During a travel period.Note: The member occupies living-in accommodation or other accommodation.\n- ii. They normally live out and are required to occupy living in accommodation in their housing benefit location.\n- 74 Section 9.5.26\n- Repeal the section, substitute:\n\n\n##### 9.5.26    Overnight stay following a period of Reserve service\n\n- A member on Reserve service is eligible for travel benefits under the following sections if CDF is satisfied that the member should stay overnight on work health and safety grounds after completing a period of Reserve service.\n- a. Section 9.5.16.\n- b. Section 9.5.17.\n- c. Section 9.5.20.\n- 75 Paragraph 9.5.37.c\n- Repeal the paragraph, substitute:\n- c. On a day they are eligible for field allowance under DFRT Determination No. 11 of 2013.\n- 76 Paragraph 9.5.37.d\n- Repeal the paragraph.\n- 77 Section 9.5.41.2 (table item 3)\n- Omit “at their primary service”, substitute “in their housing benefit”.\n- 78 Section 9.5.44\n- Repeal the section, substitute:\n\n\n##### 9.5.44    Overnight stay following a period of Reserve service\n\n- A member on Reserve service is eligible for travelling allowance under sections 9.5.35 or 9.5.39 for an overnight stay after a period of Reserve service if CDF is satisfied that the member should stay overnight on work health and safety grounds.\n- 79 Paragraph 9.6.13.2.b\n- Repeal the paragraph, substitute:\n- b. The total distance travelled is more than the distance from one of the following and return by the normal means of travel.\n- i. If the member is on continuous full-time service — the member’s primary service location.\n- ii. If the member is providing Reserve service — the member’s service location for the day.\n- 80 Paragraph 9.6.18.b\n- Omit “their primary service location”, substitute “duty”.\n- 81 Subsection 9.6.19.1\n- Repeal the subsection.\n- 1. This section applies to a member who is required to use a private vehicle to travel between their residence and one of the following locations on a day there is a public transport stoppage.\n- a. If the member is on continuous full-time service — the member’s primary service location.\n- b. If the member is providing Reserve service — the member’s service location for the day.\n- 1A. The member is eligible for vehicle allowance for the travel between the locations if all of the following apply.\n- a. The member does not normally use a private vehicle for the travel.\n- b. Other means of public transport meets either of the following.\n- i. Not available in the area they live in.\n- ii. Available in the area they live in, but it is impractical to use them.\n- 82 Subsection 9.6.20.1\n- Repeal the subsection.\n- 1. This section applies to a member who is recalled to duty to one of the following locations outside their normal working hours and is required to travel between their residence and one of the following locations for the purpose of the recall.\n- a. If the member is on continuous full-time service — the member’s primary service location.\n- b. If the member is providing Reserve service — the member’s service location for the day.\n- 1A. The member is eligible for vehicle allowance for the travel between the locations if any of the following apply.\n- a. They are on continuous full-time service.\n- b. They are on Reserve service and travel on a separate and additional journey to their service location.\n- 83 Paragraph 12.1.1.b (notes)\n- Repeal the notes.\n- 84 Section 12.3.1\n- Repeal the following definitions.\n- a. Definition of deployment.\n- b. Definition of non-warlike service.\n- c. Definition of serious illness.\n- d. Definition of very serious illness.\n- 85 Paragraph 12.3.5.1.a\n- Omit “normally lives with the member”, substitute “is resident family of the member”.\n- 86 Subparagraph 12.3.5.1.b.ii\n- Repeal the subparagraph, substitute:\n- ii. The child is resident family of the member.\n- 87 Paragraph 12.3.5.1.c\n- Repeal the paragraph, substitute:\n- c. A person who has a recognised special need under section 1.3.6 regardless of their age.\n- 88 Subsection 14.2.4.7\n- Omit “under section 1.3.84”, substitute “of the person’s special need under section 1.3.6”.\n- 89 Section 14.2.6\n- Omit “a new”, substitute “their next”.\n- 90 Paragraph 14.3.25.1.b\n- Omit “spouse’s”, substitute “partner’s”.\n- 91 Subsection 14.6.5.2 (table item 1)\n- Omit “a new”, substitute “their next”.\n- 92 Paragraph 15.2A.27.4.a\n- Omit “set out in section 1.3.39, Meal period”, substitute “as defined in section 1.3.1”.\n- 93 Paragraph 15.5.4.2.b\n- Omit “section 1.3.84 as a dependant with special needs”, substitute “section 1.3.6 as having special needs”.\n- 94 Paragraph 15.6.20.1.d\n- Omit “the new”, substitute “their next”.\n- 95 Section 17.1.2\n- Repeal the following definitions.\n- a. Definition of operational area.\n- b. Definition of serious illness.\n- 96 Subparagraph 17.4.6.1.b.iv\n- Omit “dependants recognised under section 1.3.83”, substitute “resident family”.\n- 97 Amendment of listed provisions—spouse\n- Omit “spouse” (wherever occurring), substitute “partner” in the following provisions.\n- 1. Section 9.3.60 (heading)\n- b. Section 9.3.79 (heading)\n- c. Section 13.2.13 (heading)\n- d. Section 14.3.3\n- e. Subsection 15.3.16.2\n- 98 Amendment of listed provisions—, spouse\n- Omit “, spouse” in the following provisions.\n- 1. Paragraph 9.4.30.5.a.\n- b. Paragraph 9.4.31.8.b.\n- 99 Amendment of listed provisions—spouse or\n- Omit “spouse or” (wherever occurring) in the following provisions.\n- a. Paragraph 4.7.5.2.a\n- b. Paragraph 5.11.15.2.b\n- c. Subsection 5.11.18.5\n- d. Paragraph 6.5.68.3.a\n- e. Section 5.10.5 (heading)\n- f. Section 5.10.5\n- g. Subsection 6.5.66.3\n- h. Section 6.5.69\n- i. Subsection 7.6.59.5\n- j. Subsection 8.7.3.1\n- k. Subsection 8.7.9.2\n- l. Paragraph 9.3.60.b\n- m. Section 9.3.7 (heading)\n- n. Section 9.3.7\n- o. Subsection 9.3.8.1\n- p. Section 9.3.18\n- q. Section 9.3.19\n- r. Section 9.3.20\n- s. Section 9.3.21\n- t. Section 9.3.22\n- u. Section 9.3.23\n- v. Section 9.3.40\n- w. Section 9.3.49\n- x. Section 9.3.79\n- y. Subsection 9.4.3.2\n- z. Section 9.4.37 (heading)\n- aa. Section 12.3.2\n- ab. Section 12.3.5\n- ac. Subsection 13.2.13.1\n- ad. Subsection 14.2.7.4\n- ae. Section 14.3.18 (table)\n- af. Paragraph 14.3.25.1.a\n- ag. Subsection 14.3.25.3\n- ah. Subsection 14.4.7.6\n- ai. Subsection 14.4.17.3 (table)\n- aj. Subsection 14.5.3.1 (exception)\n- ak. Section 15.2A.3\n- al. Subsection 15.2A.12.2 (note)\n- am. Section 15.2A.13\n- an. Subsection 15.3.12.2\n- ao. Section 15.3.16 (heading)\n- ap. Subsection 15.3.16.4\n- aq. Section 15.3.30\n- ar. Section 15.3.33\n- as. Section 15.3.34\n- at. Section 15.3.35\n- au. Section 15.4.21\n- av. Part 7 of Chapter 15 (heading)\n- aw. Section 15.7.1\n- ax. Section 15.7.1A\n- ay. Section 15.7.2\n- az. Paragraph 17.4.6.2.a.ii\n- 100 Amendment of listed provisions—spouse’s or\n- Omit “spouse’s or” (wherever occurring) in the following provisions.\n- a. Paragraph 9.3.85.2.b\n- b. Paragraph 9.3.85.2.b\n- c. Section 9.6.22\n- d. Paragraph 13.2.13.2.b\n- e. Section 14.3.24\n\n\nSchedule 2—Transitional and savings provisions\n\n- 1 Definitions\n- In this Schedule, the following apply.\n- a. Amended Defence determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.\n- b. Amending determination means Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 1) (2nd occurring).\n- c. Child has the same meaning given in the amending determination.\n- d. Defence determination means Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of the amending determination.\n- e. Dependant, unless otherwise stated, means a person who was a dependant of a member under the Defence determination.\n- 2 Guardians and housekeepers\n- 1. This section applies to a person who was a dependant under section 1.3.83.1.e of the Defence determination immediately before the commencement of the amending determination.\n- 2. Section 1.3.83.1.e of the Defence Determination continues to apply to the person as though it had not been repealed until the earlier of the following.\n- a. The circumstances in which they were recognised as a guardian or housekeeper under the Defence Determination change.\n- b. They are recognised as a guardian or housekeeper under the amended Defence Determination.\n- c. 30 June 2024.\n- 3. Despite section 1.3.37 of the amended Defence determination, the person is taken to be one of the following until subsection 2 ceases to apply to the person.\n- a. If the person was a dependant of a member categorised as a member with dependants immediately before the commencement of the amending determination, the person is accompanied resident family of the member.\n- b. If the person was a dependant of a member categorised as a member with dependants (unaccompanied) immediately before the commencement of the amending determination, the person is unaccompanied resident family of the member.\n- 3 Interdependent relationships\n- 1. This section applies to a person who was a CDF recognised dependant under subsection 1.3.85.1 of the Defence determination immediately before the commencement of the amending determination.\n- 2. Section 1.3.85.1 of the Defence Determination continues to apply to the person as though it had not been repealed until the earlier of the following.\n- a. The circumstances in which they were recognised as a CDF recognised dependant under the Defence Determination change.\n- b. They are recognised as a recognised other person under subsection 1.3.37.1.d of the amended Defence determination.\n- c. 30 June 2024.\n- 3. Despite section 1.3.37 of the amended Defence determination, the person is taken to be one of the following until subsection 2 ceases to apply to the person.\n- a. If the person was a dependant of a member categorised as a member with dependants immediately before the commencement of the amending determination, the person is accompanied resident family of the member.\n- b. If all of the following apply, the person is unaccompanied resident family of the member they are a dependant of.\n- i. The person was a dependant of a member categorised as a member with dependants (unaccompanied) immediately before the commencement of the amending determination.\n- ii. The member they were a dependant of has at least one other unaccompanied resident family who is an adult.\n- 4 Live-in carers\n- 1. This section applies to a person who was a CDF recognised dependant under subsection 1.3.85.3 of the Defence determination immediately before the commencement of the amending determination.\n- 2. Section 1.3.85.3 of the Defence Determination continues to apply to the person as though it had not been repealed until the earlier of the following.\n- a. The circumstances in which they were recognised as a CDF recognised dependant under the Defence Determination change.\n- b. They are recognised as a live-in carer, as defined in section 1.3.1 of the amended Defence determination.\n- c. 30 June 2024.\n- 3. Despite section 1.3.37 of the amended Defence determination, the person is accompanied resident family of the member until subsection 2 ceases to apply to the person.\n- 5 Children less than 90 nights\n- 1. This section applies to a person who was a CDF recognised dependant under subsection 1.3.85.2 of the Defence determination immediately before the commencement of the amending determination.\n- 2. The person is accompanied resident family, under section 1.3.18 of the amended Defence determination, of the member they were a dependant of.\n- 6 Non-cohabiting partner\n- 1. This section applies to a person who was a CDF recognised dependant under subsection 1.3.85.5 or subsection 1.3.85.5A of the Defence determination immediately before the commencement of the amending determination.\n- 2. The person is unaccompanied resident family, under section 1.3.26 of the amended Defence determination, of the member they were a dependant of.\n- 7 Member with dependants\n- 1. This section applies to a person who was a dependant of a member categorised as member with dependants under the Defence determination immediately before the commencement of the amending determination.\n- 2. The dependant is the accompanied resident family of the member if any of the following apply.\n- a. They are a partner of the member.\n- b. They are a child of the member.\n- c. They are a child of the member’s partner.\n- 8 Member with dependants (unaccompanied)\n- 1. This section applies to person who was a dependant of a member categorised as member with dependants (unaccompanied) under the Defence determination immediately before the commencement of the amending determination..\n- 2. The dependant is the unaccompanied resident family of the member if any of the following apply.\n- a. They are a partner of the member.\n- b. They are a child of the member.\n- c. They are a child of the member’s partner.\n- 9 Dependant with special needs\n- 1. This section applies to a person who was a dependant with special needs under the Defence determination immediately before the commencement of the amending determination.\n- 2. The person has a recognised special need under section 1.3.6 of the amended Defence determination.\n- 10 Former dependants\n- 1. This section applies if a member ceased to be eligible for a benefit in relation to the person who was a dependant on the commencement of the amending determination because the person is not one of the following under the amended Defence Determination.\n- a. Accompanied resident family.\n- b. Unaccompanied resident family.\n- c. Recognised other person.\n- 2. The person who was a dependant under the Defence determination is one of the following if subsection 3 applies.\n- a. If the person was a dependant of a member categorised as a member with dependants immediately before the commencement of the amending determination — accompanied resident family.\n- b. If the person was a dependant of a member categorised as a member with dependants (unaccompanied) immediately before the commencement of the amending determination — unaccompanied resident family.\n- 3. For the purpose of subsection 2, the decision maker is satisfied of the following.\n- a. The member would have continued to be eligible for benefits in relation to the person had the amending determination not commenced.\n- b. Classifying the person as a type of resident family is consistent with the purpose of the amending determination\n- 4. Any decision made under this section ceases to have effect on 30 June 2024.\n- 5. In this section, decision maker means any of the following.\n- a. Director General Navy People.\n- b. Director Recruiting, Retention and Transitions.\n- c. Deputy Director Navy Employment Conditions.\n- d. Director General Army People Capability.\n- e. Director People Policy – Army.\n- f. Staff Officer 1 People Policy – Army.\n- g. Director General Personnel – Air Force.\n- h. Director Personnel Policy – Air Force.\n- i. Deputy Director Service Conditions – Air Force.\n- j. Assistant Secretary People Policy and Employment Conditions.\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope of modernising Defence employment conditions. While it makes extensive amendments (100 items), these are implementing the stated purpose of 'Employment offer modernisation' - updating terminology, fixing errors, and clarifying benefits. The transitional provisions are protective measures to ensure smooth implementation rather than scope creep."},"complexity_factors":["100 individual amendment items across Schedules 1 and 2, many involving intricate cross-references to other sections","Extensive transitional provisions (Schedule 2) with multiple conditional scenarios for grandfathering existing dependants, including specific cut-off dates (30 June 2024)","Complex reclassification system: old categories ('member with dependants', 'member with dependants (unaccompanied)', 'CDF recognised dependant') mapped to new categories ('accompanied resident family', 'unaccompanied resident family', 'recognised other person')","Nested conditional logic in removal benefits (section 6.5.46A) with multiple pathways depending on prior removals and overseas vs domestic relocation","Multiple defined terms being replaced simultaneously ('spouse' to 'partner', 'dependant' to 'resident family', 'normal place of duty' to 'service location') requiring systematic updates across the entire instrument","Specific exclusions and exceptions for special cases (guardians, housekeepers, live-in carers, interdependent relationships) each with their own transitional rules","Technical amendments mixing substantive policy changes with pure corrections (typos, cross-references, grammar)"],"plain_english_summary":"This amendment modernises and fixes the Defence Determination that governs pay and conditions for ADF members. It updates language to reflect contemporary family arrangements, corrects errors and cross‑references, clarifies key definitions (like service locations and operational areas), adjusts removal and housing entitlements, and tightens Reserve travel and allowance rules.\n\nIt affects full‑time and Reserve members, their families, and administrators, and includes transitional protections so existing dependants aren’t immediately disadvantaged."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Determination broadens and refines who qualifies for entitlements by changing definitions (resident family, partner, service location and operational area) and by altering benefit mechanics (housing, removals, travel, bonus payments). It also phases in the changes via transitional provisions that preserve prior classifications for certain dependants until they are re‑recognised or until 30 June 2024 (Schedule 2). These changes shift practical scope of eligibility and administrative decision points compared with the prior Determination (see Schedule 1 and Schedule 2)."},"complexity_factors":["Wide‑ranging textual amendments across the entire Determination — hundreds of edits touching definitions, headings, tables and cross‑references (Schedule 1 generally).","Core term redefinitions that shift entitlement boundaries: e.g. 'service location' redefined (1.3.8), 'operational area' replaced (1.3.1), 'resident family' and related dependant categories changed (multiple locations, e.g. 1.3.37, 1.3.43).","Substitution of relational language (replace 'spouse' with 'partner') across many provisions, which has systemic effects on eligibility and benefit calculation (item 97 and many listed items).","Alterations to benefit mechanics and payment timing — bonus payment schedule revised (3.3.19.2), removal/housing benefit rules amended (6.5.26, 6.5.46, 6.5.46A), travel and vehicle allowances adjusted for Reserve vs full‑time service (9.5.x, 9.6.x).","Removal or repeal of longstanding definitions (e.g. deployment, non‑warlike service, serious illness in 12.3.1 and 17.1.2), which can change how other provisions operate.","Changes to decision‑making language and discretion — removal or rephrasing of CDF references and decision triggers (e.g. 1.3.6.3, 6.5.53.1.c.ii, item 18), affecting administrative authority and timing.","Extensive transitional and savings regime preserving prior recognitions for specific groups until conditions change or 30 June 2024 (Schedule 2, items 2–10), requiring administrative classification and reassessment.","Interdependencies and renumbering: many internal cross‑references altered (e.g. renumbering 1.3.51→1.3.42, numerous 'omit/substitute' edits) increasing risk of drafting inconsistencies.","Operational complexity for implementation: agencies must reclassify dependants, update payroll/housing/travel systems, and manage case‑by‑case decisions by listed decision makers (Schedule 2, item 10 lists decision‑maker roles).","Mixed substantive and technical edits (typo fixes like 'loosing'→'losing' and punctuation changes) combined with policy shifts, raising verification and training burdens for administrators."],"plain_english_summary":"This instrument amends the Defence Conditions of Service to modernise employment offers by changing core definitions, payment timing and eligibility rules for benefits (housing, travel, removals and bonuses), and by replacing 'spouse' language with 'partner'. It also adjusts Reserve/continuous full‑time distinctions and removes or updates some legacy definitions. The changes affect ADF members, their resident family and administrative decision‑makers, and include transitional rules preserving prior recognition for certain dependants until 30 June 2024."},"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/f2023l00871","history":"/api/acts/f2023l00871/history","analysis":"/api/acts/f2023l00871/analysis","conflicts":"/api/acts/f2023l00871/conflicts","importantCases":"/api/acts/f2023l00871/important-cases","documents":"/api/acts/f2023l00871/documents"}}