{"id":"F2017L00505","name":"Military Rehabilitation and Compensation (Pay-related Allowances) Determination 2017","slug":"military-rehabilitation-and-compensation-pay-related-allowances-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96253,"registerId":"commonwealth-F2017L00505-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Military Rehabilitation and Compensation (Pay-related Allowances) Determination 2017.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 11(1) of the Military Rehabilitation and Compensation Act 2004.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Military Rehabilitation and Compensation Act 2004.\n\n> section 58B determination allowance means an allowance paid under a determination made under section 58B of the Defence Act 1903.\n\n> section 58H determination allowance means an allowance paid under a determination made under section 58H of the Defence Act 1903.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Pay‑related allowances","content":"## Part 2—Pay‑related allowances","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Pay‑related allowances—section 58B determination allowances","content":"#### 6 Pay‑related allowances—section 58B determination allowances\n\n For the purposes of subsection 11(1) of the Act, a section 58B determination allowance specified in column 1 of an item in the following table is a pay‑related allowance for the purposes of the Act:\n (a) from the start of the day specified in column 2 of the item; and\n (b) if another day is specified in column 3 of the item—until the end of that other day.\n\n```html\n

Pay‑related allowances

Item

Column 1

Column 2

Column 3

1

ADF district allowance

1 September 2005

2

Allowance for service in Antarctica

1 July 2004

30 May 2005

3

Antarctic allowance

31 May 2005

4

Antarctic common duties allowance

31 May 2005

5

Antarctic parity allowance

31 May 2005

6

Attraction allowance—Papua New Guinea

31 May 2005

7

Bare base allowance

1 July 2004

31 August 2005

8

Cadet forces allowance

31 May 2005

30 June 2016

9

Civil practice support allowance

1 July 2004

10

Defence attaché Baghdad allowance

31 May 2005

5 January 2014

11

Defence attaché Baghdad allowance

1 August 2014

12

Defence attaché Kabul allowance

6 January 2014

13

Deployment allowance

1 July 2004

14

District allowance

1 July 2004

31 August 2005

15

Hardship allowance

1 July 2004

16

Higher duties allowance

1 July 2004

17

International campaign allowance

1 July 2004

1 January 2015

17A

Location allowance

1 July 2017

18

Port Wakefield allowance

1 July 2004

19

Retention allowance

1 July 2004

4 March 2016

20

Scherger allowance

1 September 2005

21

Separation allowance

1 July 2004

27 June 2007

22

Trainee's dependant allowance

1 July 2004

23

Woomera allowance

1 July 2004

3 December 2014

\n```","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Pay‑related allowances—section 58H determination allowances","content":"#### 7 Pay‑related allowances—section 58H determination allowances\n\n For the purposes of subsection 11(1) of the Act, a section 58H determination allowance specified in column 1 of an item in the following table is a pay‑related allowance for the purposes of the Act:\n (a) from the start of the day specified in column 2 of the item; and\n (b) if another day is specified in column 3 of the item—until the end of that other day.\n\n```html\n

Pay‑related allowances

Item

Column 1

Column 2

Column 3

1

Adventurous training instructor allowance

1 July 2004

2

Aircrew capability allowance

1 October 2009

25 February 2016

3

Air traffic control capability allowance

1 October 2009

25 February 2016

4

Allowance for specialist operations

13 December 2007

7 October 2015

5

Arduous conditions allowance

1 July 2004

11 September 2013

6

Arduous conditions instructor allowance

12 September 2013

7

Boarding party allowance

30 January 2014

8

Clearance diver allowance

8 October 2015

9

Diving allowance

1 July 2004

10

Field allowance

1 July 2004

11

Flight duties allowance

1 July 2004

19 February 2006

12

Flying allowance

1 July 2004

19 February 2006

13

Flying and flight duties allowance

20 February 2006

11 September 2013

14

Flying disability allowance

12 September 2013

15

Hard lying allowance

1 July 2004

29 January 2014

16

Language allowance

1 July 2004

17

Maritime disability allowance

30 January 2014

18

Maritime sustainability allowance

30 January 2014

19

Medical grade 4 allowance

1 July 2004

2 December 2004

20

Navy capability allowance

9 April 2008

3 April 2017

21

Navy medical grades (additional responsibility) allowance

2 December 2004

15 December 2005

22

Officer aviation remuneration structure allowance

1 January 2013

23

Paratrooper allowance

1 July 2004

24

Recruit instructor disability allowance

10 March 2016

25

Recruit instructor sustainability allowance

10 March 2016

26

Reserve allowance

1 July 2008

27

Reserve service allowance

1 September 2006

30 June 2008

28

Seagoing allowance

1 July 2004

29 January 2014

29

Separation allowance

28 June 2007

30

Service allowance

1 July 2004

31

Special action forces allowance

1 July 2004

12 December 2007

32

Special forces disability allowance

13 December 2007

33

Special forces sustainability allowance

24 September 2015

34

Specialist operations allowance

1 July 2004

12 December 2007

35

Submarine capability assurance payment

29 January 2016

36

Submarine escape allowance

1 July 2004

11 September 2013

37

Submarine escape disability allowance

12 September 2013

38

Submarine service allowance

1 July 2004

29 January 2014

39

Trainee allowance

8 January 2009

40

Unpredictable explosives allowance

8 October 2015

\n```","sortOrder":6}],"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines itself to declaring which section 58B and 58H Defence allowances are treated as pay‑related under the MRCA and the dates that status applies. It does not, on its face, amend the Act or expand MRCA coverage beyond these specified listings; it operates as a determinative schedule under subsection 11(1) of the Act."},"complexity_factors":["Cross‑references to multiple statutes: subsection 11(1) of the Military Rehabilitation and Compensation Act 2004 and sections 58B and 58H of the Defence Act 1903.","Large enumerated schedule: 40 separate allowance items across two tables requiring administrative mapping.","Temporal complexity: many items include different start dates and some include explicit end dates, producing discontinuous coverage periods.","Operational linkage: practical implementation requires payroll/benefits systems to recognise which Defence determinations correspond to the named allowances.","Definition-by-reference: key categories (\"section 58B determination allowance\" and \"section 58H determination allowance\") are defined only by reference to Defence determinations, which can require searching external instruments.","Potential for minor interpretive questions where allowance names or date ranges overlap or have been replaced by later determinations."],"plain_english_summary":"This instrument designates a list of Defence allowances (those made under sections 58B and 58H of the Defence Act 1903) as \"pay‑related allowances\" for the Military Rehabilitation and Compensation Act 2004, specifying the date ranges when each designation applies. Made under subsection 11(1) of the Act, the declaration changes how those allowances are treated mechanically in MRCA entitlement and compensation calculations and thereby affects benefit treatment and eligibility timing."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation performs exactly its original function: specifying which military allowances are 'pay-related allowances' for compensation purposes. The 2017 version updates the list with new allowances (like Location allowance from 1 July 2017) and reflects renamed/replaced allowances, but this is routine administrative maintenance rather than scope creep. The structure remains identical to earlier versions — two tables organised by the Defence Act authorising provision, with effective date ranges."},"complexity_factors":["Minimal defined terms (only 3 definitions in section 5)","Simple tabular structure with straightforward effective date logic","No nested exceptions or conditional provisions","No cross-references beyond the enabling Act and Defence Act provisions","Length is short — essentially two tables with preliminary provisions","Historical layering visible through multiple entries for same allowance with different date ranges (e.g., Defence attaché Baghdad allowance appears twice with a gap, Separation allowance appears in both tables with different dates)"],"plain_english_summary":"This instrument lists which extra payments to Australian Defence Force members are treated as “pay‑related allowances” for the Military Rehabilitation and Compensation Act 2004. It affects current and former ADF members and the agencies that assess rehabilitation and compensation by specifying that special allowances (deployment, hardship, skill/capability and location‑based payments) count toward pay calculations. Effective dates matter because only allowances active when injury occurred are included."}},"importantCases":[],"_links":{"self":"/api/acts/military-rehabilitation-and-compensation-pay-related-allowances-determination-2017","history":"/api/acts/military-rehabilitation-and-compensation-pay-related-allowances-determination-2017/history","analysis":"/api/acts/military-rehabilitation-and-compensation-pay-related-allowances-determination-2017/analysis","conflicts":"/api/acts/military-rehabilitation-and-compensation-pay-related-allowances-determination-2017/conflicts","importantCases":"/api/acts/military-rehabilitation-and-compensation-pay-related-allowances-determination-2017/important-cases","documents":"/api/acts/military-rehabilitation-and-compensation-pay-related-allowances-determination-2017/documents"}}