Defence Determination, Conditions of service Amendment (Assisted Leave Travel) Determination 2021 (No. 8)

The instrument reworks assisted leave travel by introducing three central concepts: (1) permitted offsets; (2) administrative authorisation and criteria; and (3) documentary proof and entitlement accounting.

Permitted offsets. The new s16.4.11 allows the CDF to permit a member to offset an assisted leave travel entitlement , that is, to use an entitlement originally described in s16.4.5 for travel to an alternative location (Schedule 1, item 3, substituted s16.4.11(1)). The permissible alternate destinations are: travel to a location in another country that is not the location listed in Annex 16.B (s16.4.11(1)(a)); and travel to an in‑country location (s16.4.11(1)(b)). For the latter, special rules apply when the travel occurs “during the COVID‑19 pandemic” (s16.4.11(4)).

Administrative authorisation and criteria. The power to permit offsets is subject to the CDF being “satisfied” that the travel meets the purpose of assisted leave travel (s16.4.11(1)), and the CDF must consider three enumerated criteria: the purpose of the leave fare, the facilities and environment at the destination, and any travel restrictions that may apply to the destination (s16.4.11(2)(a)-(c)). The instrument therefore embeds a discretionary, fact‑specific assessment by the CDF prior to permitting an offset.

Documentary proof and entitlement accounting. The Determination now requires proof where travel is offset or paid in advance (s16.4.12(1)). Documentary evidence must be provided within two weeks of returning (s16.4.12(2)), and acceptable forms are listed (s16.4.12(3)). The instrument also explicitly reduces a member’s remaining assisted leave trip count by one for each benefit offset (new 16.4.7.1(1A)). The transitional provision mirrors this by reducing the trip count for benefits received under the transitional arrangement (Schedule 2, cl 2(5)).

Valuation rule. Where an offset is permitted, the member “is eligible for the value of the travel they would have been eligible for under section 16.4.5” (s16.4.11(3)(b)). For in‑country COVID‑19 offsets, the entitlement is limited to return transport costs up to that value (s16.4.11(4)(b)). The Determination instructs that for valuing the entitlement, a “regional leave centre or relief leave centre is a location other than a location in Australia” (s16.4.11(5)), i.e. treated as an overseas location for value purposes.

Transitional application. Schedule 2 applies the in‑country offset entitlement prospectively to travel undertaken between 26 February 2021 and commencement, subject to a named decision maker’s satisfaction that the travel met the purpose of assisted leave travel (Schedule 2, cl 2(1)-(2)). The transitional provision defines who may act as the decision maker and adopts the same documentary‑evidence requirement (Schedule 2, cl 1; cl 2(4)).

These concepts set up a discretionary administrative framework that ties entitlement consumption to CDF or designated decision‑maker approvals and documentary proof, and that treats certain regional centres as non‑Australian locations for valuation.

The instrument affects members of the Australian Defence Force who are, or were, eligible for assisted leave travel under section 16.4.5 of the Defence Determination 2016/19. The immediate population affected comprises:

• Members on overseas postings who claim assisted leave travel under s16.4.5 (the amendment principally reshapes the overseas assisted leave travel benefit by permitting offsets and specifying valuation and proof rules) (Schedule 1, item 3).
• Members who travelled in‑country between 26 February 2021 and the commencement date and might claim retrospective assistance under Schedule 2 (Schedule 2, cl 2(1)-(2)).
• Members who receive assisted leave travel payments in advance, since they are required to provide proof of travel within two weeks of returning if paid in advance (s16.4.12(1)(b)-(2)).

Decision‑makers and administrators are also affected in their roles and workloads:

• The Chief of the Defence Force is placed in a gatekeeping role with discretion to permit offsets and is required to apply the specified criteria (s16.4.11(1)-(2)). That centralises a material discretionary power with the CDF.
• Under the transitional scheme, a narrower set of “decision makers” may authorise retrospective in‑country offsets: a person not below MAJ(E)/APS 6 authorised to manage Defence personnel administration at the overseas post, the Senior ADF Representative at the overseas post, or the Director of Attaché and Overseas Management (Schedule 2, cl 1). Those positions will need to make fact assessments for the transitional claims and collect documentary evidence (Schedule 2, cl 2).

Dependants are indirectly affected because documentary proof must show that “they and their dependants visited a location in another country, or in‑country” (s16.4.12(2)). This ties eligibility to the actual travel of family members.

Employers and third‑party travel providers are affected operationally by the proof requirements: members may present boarding passes, travel agent confirmations, or bus/train tickets as evidence (s16.4.12(3)(a)-(d)). The instrument therefore creates demand for retaining and supplying such documentary records.

Finally, the scope and valuation changes (particularly the treatment of regional leave centres as “other than a location in Australia” for value purposes at s16.4.11(5)) affect how much financial assistance members may receive when offsets are permitted. The instrument thus touches entitlement quantum, the administrative process for approval, and record‑keeping obligations for members and overseas posts.

Duties created or clarified by the instrument derive from the substituted and added provisions. Rights are chiefly administrative entitlements to a defined “value” of travel or to approval for offset under conditions. The principal duties and rights are:

Duties on the CDF

• The CDF has the authority to permit offsets of assisted leave travel under s16.4.11(1). The CDF must be “satisfied” that the alternative travel “meets the purpose of assisted leave travel” before permitting an offset (s16.4.11(1)). That gives the CDF a gatekeeping duty to assess eligibility.
• The CDF must consider three discrete criteria when assessing an offset: the purpose of the leave fare, the facilities and environment at the destination, and any travel restrictions that may apply (s16.4.11(2)(a)-(c)). This imposes an administrative assessment duty of fact‑finding and application of those criteria.

Duties on members

• Where a member offsets their assisted leave travel or is paid in advance, the member must provide documentary evidence within two weeks of returning from leave that they and their dependants visited the declared destination (s16.4.12(1)-(2)). The member must retain and produce documentary records such as passport stamps, boarding passes, travel agent confirmations, or bus/train tickets (s16.4.12(3)).
• If a member receives a benefit under the transitional provision, they must provide documentary evidence and be assessed by an authorised decision maker (Schedule 2, cl 2(2) and cl 2(4)).

Rights of members

• A member may be permitted to offset an assisted leave travel entitlement to travel to an alternative overseas location (not in Annex 16.B) or in‑country if the CDF so permits and is satisfied that the travel meets the purpose of assisted leave travel (s16.4.11(1)-(3)). When permitted to offset to another country, the member “is eligible for the value of the travel they would have been eligible for under section 16.4.5” (s16.4.11(3)(b)). When permitted to offset in‑country during the COVID‑19 pandemic, the member is eligible for return transport costs up to that same value (s16.4.11(4)(b)).
• Under the transitional provision, members who already travelled in‑country between 26 February 2021 and commencement may be eligible for return transport costs up to the same value, subject to decision‑maker satisfaction and documentary evidence (Schedule 2, cl 2(2)-(4)).

Entitlement accounting duties

• The member’s entitlement count is reduced by one for each assisted leave travel benefit that is offset under s16.4.11 (new s16.4.7.1(1A)). The transitional provision also reduces the number of trips under s16.4.7.1 accordingly for benefits received under transition (Schedule 2, cl 2(5)). This creates an administrative duty to track entitlement consumption and ensure offsets are recorded against remaining trip allowances.

Procedural timing duties

• Documentary proof must be provided within two weeks of returning from leave for offset claims or where the payment was made in advance (s16.4.12(2)). The timing imposes an evidentiary obligation on the member and a basis for administrators to accept or query entitlement claims.

The instrument does not set out penalties, appeal routes, or precise procedures for how the CDF records or communicates decisions; it places decision duties on CDF or specified decision makers and evidentiary duties on members, and confers rights to value‑equivalent reimbursement if the discretionary authorisation is granted (s16.4.11(3)-(4)).

The Determination does not introduce express criminal penalties or fines. Enforcement is administrative and is effected through entitlement conditions, discretionary approvals, documentary requirements and the cessation of eligibility for an assisted leave travel trip that is offset. The instrument therefore relies on administrative enforcement mechanisms rather than statutory sanctions.

Administrative enforcement mechanisms in the text:

• Cessation of eligibility for the offset trip. Where an offset is permitted, “they cease to be eligible for assisted leave travel under section 16.4.5 for the trip that has been offset” (s16.4.11(3)(a) and s16.4.11(4)(a)). That is a direct administrative effect: an offset consumes the trip entitlement.
• Reduction of the number of trips available. The new subsection 16.4.7.1(1A) reduces the number of eligible trips by one for each assisted leave travel benefit offset under s16.4.11. The transitional provision adopts the same measure for transitional payments (Schedule 2, cl 2(5)). Recording and applying that reduction is an administrative enforcement step (Schedule 1, item 2; Schedule 2, cl 2(5)).
• Documentary proof requirement. Section 16.4.12 requires members who offset travel or who are paid in advance to provide documentary evidence within two weeks of returning. While the Determination does not state the precise administrative consequence of failing to provide that proof, the presence of a strict timing requirement signals an enforceable condition precedent to validating the offset or payment (s16.4.12(1)-(2)).

What the instrument does not do in the way of enforcement:

• It does not specify penalties, debt recovery provisions, or disciplinary sanctions for failure to comply with the documentary proof requirement. The text requires proof but does not set out the administrative outcome if a member does not provide evidence within two weeks.
• It does not specify appeal or review rights against a CDF decision to permit or refuse an offset. The instrument places the discretion with the CDF (s16.4.11(1)) and identifies the decision makers under the transitional clause (Schedule 2, cl 1), but it does not provide procedural avenues for challenge or internal review in the text provided.

Operational enforcement therefore will depend on existing administrative processes within Defence and the underlying Defence Determination outside these amendments. The instrument creates enforceable conditions through entitlement consumption (trip reduction and cessation) and the documentary timetable, but it leaves unspecified the detailed consequences of non‑compliance and the internal review mechanisms that may apply.

The instrument is an amendment to the Defence Determination 2016/19, Conditions of service (Schedule 1, header and multiple items). Its legal basis is section 58B of the Defence Act 1903, which is cited as the enabling statutory authority (item 3). The text explicitly cross‑references and modifies other provisions within the Defence Determination and relies on terms and provisions external to this instrument:

References within the Defence Determination

• Section 16.4.5 is a central cross‑reference. The substituted 16.4.11 repeatedly ties entitlement and valuation to what the member “would have been eligible for under section 16.4.5” (s16.4.11(3)(b), (4)(b)). The instrument therefore operates by altering how the entitlement available under s16.4.5 may be used or paid.
• Section 16.4.7.1 is amended to record how entitlement counts are consumed when an assisted leave travel benefit is offset (new 16.4.7.1(1A)). The entitlement accounting interacts with whatever trip‑counting rules are set out elsewhere in s16.4.7.1.
• Section 16.4.15 is referenced as governing travel by private vehicle in circumstances where an in‑country offset occurs during the COVID‑19 pandemic (s16.4.11(4)(c); Schedule 2, cl 2(3)). The instrument therefore depends on the content of s16.4.15 for calculating or limiting private‑vehicle claims.
• Annex 16.B is referenced as an exclusion: offsets to “another country other than the location listed in Annex 16.B” are permitted, implying that Annex 16.B lists locations to which offsets are not allowed (s16.4.11(1)(a)). The rights and restrictions therefore depend on the Annex.

Statutory authority

• The instrument is made under s58B of the Defence Act 1903 (item 3). The text of s58B is not reproduced here, so any limits, statutory procedures, or reviewability inherent in s58B are not detailed in the instrument itself. The Determination must, however, sit within the powers and limits that the Defence Act provides.

Transitional and administrative interaction

• Schedule 2 names decision makers for transitional claims: a person not below MAJ(E)/APS 6 authorised to manage Defence personnel administration at the overseas post; the Senior ADF Representative at the overseas post; and the Director of Attaché and Overseas Management (Schedule 2, cl 1). These roles will interact with existing Defence personnel administration functions and any other applicable policies governing overseas post administration.

What the instrument does not specify about other laws

• The instrument does not specify interaction with external statutes such as immigration, quarantine or public health laws. It does, however, require the CDF to consider “any travel restrictions that may apply to the destination” (s16.4.11(2)(c)), which implicates external travel advisories and restrictions even though those laws and instruments are not cited.
• The instrument does not set out how its administrative decisions interface with judicial or merits review processes; it simply imposes discretionary duties on the CDF and specified decision makers.

In short, this Determination operates as an internal administrative amendment to the Defence Determination, cross‑referencing and depending on several existing Defence Determination provisions (16.4.5, 16.4.7.1, 16.4.15, Annex 16.B) and the statutory authority provided by s58B of the Defence Act 1903. It also signals the need for administrators to take account of external travel restrictions when applying the new discretion.

The instrument is titled Defence Determination, Conditions of service Amendment (Assisted Leave Travel) Determination 2021 (No. 8) and is dated 1 June 2021 (signature block). It commences on 10 June 2021 (item 2). The instrument expressly amends the Defence Determination 2016/19, Conditions of service, via the Schedules attached.

Chronology and immediate amendments

• Date made and signatory: Dated 1 June 2021, made by Fiona Louise McSpeerin, Assistant Secretary, People Policy and Employment Conditions, Defence People Group (front matter).
• Commencement: The instrument commences on 10 June 2021 (item 2).
• Authority: Made under s58B of the Defence Act 1903 (item 3).
• Effect on prior instrument: The Schedules identify the Defence Determination 2016/19 as the instrument being amended and set out textual substitutions and insertions (Schedules 1 and 2).

Textual changes effected

• Schedule 1 amends the main body of the Defence Determination. Specifically:
  • It inserts an “In‑country” definition into section 16.1.2 (Schedule 1, item 1).
  • It adds subsection 1A to 16.4.7.1 to reduce trip counts when assisted leave travel benefits are offset (Schedule 1, item 2).
  • It substitutes a new section 16.4.11 governing offsetting assisted leave travel, including CDF discretion, criteria to be considered, valuation rules, and COVID‑19 specific in‑country rules (Schedule 1, item 3).
  • It substitutes a new section 16.4.12 setting out proof of travel requirements and acceptable documentary evidence (Schedule 1, item 4).
• Schedule 2 adds transitional provisions relevant to travel occurring between 26 February 2021 and the commencement date. It defines terms for the Schedule (including “decision maker” and “in‑country”), provides the eligibility cut‑off and evidence requirements, links to s16.4.15 where private vehicle travel occurred, and mandates reduction of trip entitlements for benefits received under the transitional arrangement (Schedule 2, cl 1-2).

Numbering and identification

• The instrument is denominated “(No. 8)” indicating it is the eighth amendment instrument in the relevant series for 2021, although the instrument does not list prior amendments or a cumulative amendment history within its text. The immediate amendment history contained in this instrument is therefore the insertion and substitution items described in Schedule 1 and the transitional Schedule 2.

Limitations of the amendment history in the text

• The instrument does not catalogue earlier amendments to the Defence Determination other than by naming the 2016/19 Determination as the instrument being amended. It does not provide an explanatory memorandum or policy statement in the text supplied; the only internal indication of purpose is given by the inserted provisions themselves and the transitional clauses. For a full legislative history, one would need to consult the Defence Determination (as in force from time to time) and any other amending determinations, which are not reproduced here.

Overall, the amendment history recorded in the instrument is limited to the changes effected by this Determination and the immediate dates and signatory authority.

The text of this Determination contains no reference to litigation, court decisions, or administrative tribunal determinations. It does not name any cases, nor does it set out prior judicial consideration of assisted leave travel entitlements or the Defence Determination 2016/19. Accordingly, there is no litigation history contained within this instrument.

What the instrument does show that could generate disputes

• Discretionary decisions by the CDF. The new s16.4.11 vests a satisfaction and evaluative duty in the CDF to determine whether a proposed offset “meets the purpose of assisted leave travel” and to consider specified criteria (s16.4.11(1)-(2)). Discretionary administrative decisions of that kind are commonly susceptible to administrative review or challenge in practice, but the instrument itself does not stipulate appeal or review processes.
• Proof and timing obligations. Section 16.4.12 requires documentary evidence to be provided within two weeks of returning from leave where the member offsets or is paid in advance. The text does not state the consequence of failure to provide evidence. Disputes could arise in cases where documentation is lost or delayed, or where the adequacy of documentary evidence is contested.
• Valuation rules. The valuation rules in s16.4.11(3)-(5) could create factual disputes about the appropriate “value” the member is “eligible for” and about the treatment of regional leave or relief leave centres as “other than a location in Australia” for valuation purposes (s16.4.11(5)). The text does not specify valuation methodology beyond these directions.

No cases in this instrument

• Because the instrument does not contain case law references, it does not provide any legal precedents or judicial interpretation on these points. Any litigation history relevant to these provisions must be sought from external judicial records and administrative law decisions, which are not included in the supplied text.

In sum, the Determination records no litigation history. It creates discretionary and evidentiary obligations that, in practice, may be the subject of administrative review or dispute, but the instrument itself does not document litigation or dispute‑resolution pathways.

The text contains several concrete features that may catch administrators, members or advisers by surprise if they are not read closely. These are factual and textual points grounded in the instrument.

1. Entitlement consumption when offset. The new subsection 16.4.7.1(1A) reduces the number of trips a member is eligible for under 16.4.7.1 by one for every assisted leave travel benefit that is offset under s16.4.11. In short, an offset is not an extra benefit; it consumes a trip entitlement (Schedule 1, item 2; s16.4.7.1(1A)). Practically, members who accept offsets will see their remaining assisted leave trip allowance reduced.

2. CDF discretion and mandatory criteria. Offsets to alternate locations are not automatic. The CDF must be “satisfied” that the travel “meets the purpose of assisted leave travel” and must consider the purpose, facilities and environment, and any travel restrictions (s16.4.11(1)-(2)). That creates an apparently broad discretion but with three mandatory factors to address. Advisers should anticipate fact‑specific decision paperwork.

3. Annex 16.B exclusion. The instrument enables offsets to “another country other than the location listed in Annex 16.B” (s16.4.11(1)(a)). That means some overseas locations (those in Annex 16.B) remain excluded from offsets. The instrument does not reproduce Annex 16.B, so practitioners must inspect Annex 16.B in the Defence Determination to know which locations are excluded.

4. Treatment of regional leave centres for valuation. For the purpose of valuing entitlements, the regional leave centre or relief leave centre is considered “a location other than a location in Australia” (s16.4.11(5)). This means that, for valuation, these centres are treated as overseas and could increase the notional value of the entitlement compared with treating them as Australian locations.

5. COVID‑19 limited in‑country rule. In‑country offsets are explicitly recognised, but the instrument limits the outcome during the COVID‑19 pandemic: an in‑country offset gives the member return transport costs up to the value they would have had under s16.4.5, and private vehicle travel is governed by s16.4.15 (s16.4.11(4)(a)-(c)). That narrows the remedy for in‑country offsets to transport costs and signals a link to the private‑vehicle rule in s16.4.15.

6. Proof timing is strict and triggered in two circumstances. Proof must be produced within two weeks of returning if the member offset travel or was paid in advance (s16.4.12(1)-(2)). The instrument lists acceptable documentary evidence, but it does not articulate consequences for delays or loss of documents. Practically, members must retain exit/entry stamps, boarding passes, travel agent confirmations or bus/train tickets and present them promptly.

7. Transitional cut‑off and decision maker definition. The transitional provision applies only to members who “would have been eligible” under s16.4.5 between 26 February 2021 and commencement (Schedule 2, cl 2(1)). To qualify for retrospective return‑transport costs, the member must have travelled in‑country in that window and the decision maker must be satisfied the travel met the purpose of assisted leave travel (Schedule 2, cl 2(2)). The Schedule defines who may act as the decision maker , only certain local administrative officers, the Senior ADF Representative, or the Director of Attaché and Overseas Management (Schedule 2, cl 1). That narrows the pool of authorised approvers for transitional claims.

8. Typographical issue in the text. Section 16.4.11(1)(a) refers to “another county” rather than “another country”. The intended meaning is clear in context, but drafting errors may matter in formal interpretation or internal guidance.

9. No explicit disciplinary or recovery procedure in the text. While the instrument requires proof and links offsets to entitlement consumption, it does not set out explicit penalties, recovery mechanisms, or internal review rights should documentary requirements fail or disputes arise (see s16.4.12 and s16.4.11). Users must look to the broader Defence Determination and Defence administrative processes for those procedural details.

10. Dependants must be shown to have travelled. Documentary evidence must show that “they and their dependants visited a location in another country, or in‑country” (s16.4.12(2)). If dependants did not travel with the member, this may affect proof and eligibility.

Each of these points is sourced to the specific substituted or inserted provisions. Practitioners and administrators should explicitly check Annex 16.B, s16.4.5, s16.4.15 and the Defence Determination’s wider text for interplay with these amendments.

This section sets out concrete actions for members, decision makers and administrators to comply with the Determination’s new requirements, citing the relevant provisions.

For members seeking an offset or who have been paid in advance

• Determine eligibility under s16.4.5 first. The substituted s16.4.11 permits offsets only where the CDF is satisfied the travel “meets the purpose of assisted leave travel” (s16.4.11(1)). Confirm that the proposed destination is either a permissible “another country” (not in Annex 16.B) or an in‑country location (s16.4.11(1)(a)-(b)).
• Prepare to justify the purpose. The CDF must consider the purpose of the leave fare, so prepare documentation or an explanatory statement that explains how the proposed travel meets the leave fare purpose (s16.4.11(2)(a)).
• Confirm destination suitability. The CDF must consider facilities, environment and travel restrictions at the destination (s16.4.11(2)(b)-(c)). Collect relevant information: local accommodation, medical facilities, security environment, and any travel advisories or restrictions.
• Expect entitlement consumption. Recognise that any permitted offset will reduce your number of eligible trips by one under s16.4.7.1(1A). Plan remaining entitlements accordingly.
• Collect and retain documentary evidence. If you offset or are paid in advance you must provide documentary evidence within two weeks of returning (s16.4.12(1)-(2)). Keep passport exit/entry stamps, airline boarding passes (with date and destination), travel agent confirmations, or bus/train tickets (s16.4.12(3)(a)-(d)). If dependants travelled, ensure their travel is evidenced as well (s16.4.12(2)).
• If travelling in‑country during COVID‑19, understand the limitation. In‑country offsets during the COVID‑19 pandemic are restricted to return transport costs up to the value you would have been eligible for under s16.4.5 and private‑vehicle claims are governed by s16.4.15 (s16.4.11(4)(b)-(c)). If you plan to use a private vehicle, review s16.4.15 to ensure compliance (s16.4.11(4)(c); Schedule 2, cl 2(3)).

For members with travel already undertaken between 26 February 2021 and commencement (transitional claims)

• Check whether you “would have been eligible” under s16.4.5 between those dates (Schedule 2, cl 2(1)). If so, you may be eligible for return transport costs up to the value under s16.4.5 (Schedule 2, cl 2(2)).
• Identify the correct decision maker. Under Schedule 2, the decision maker for transitional claims is limited to (a) a person not below MAJ(E)/APS 6 authorised to manage Defence personnel administration at the overseas post, (b) the Senior ADF Representative at the overseas post, or (c) the Director of Attaché and Overseas Management (Schedule 2, cl 1). Submit your documentary evidence to that person.
• Provide documentary evidence promptly. For transitional claims you must provide documentary evidence that you and your dependants visited the in‑country location (Schedule 2, cl 2(4)). Retain the same types of documentation listed at s16.4.12(3).

For decision makers and administrators

• Apply the mandatory criteria. When assessing offsets, ensure the CDF’s satisfaction is recorded and that the three consideration points (purpose, facilities/environment, travel restrictions) are documented (s16.4.11(1)-(2)).
• Maintain entitlements ledger. Implement processes to decrement a member’s trip count per s16.4.7.1(1A) whenever an offset is permitted, and to record transitional benefits per Schedule 2, cl 2(5).
• Build documentary checklists and timeframes. Establish administrative procedures for collecting, verifying and retaining documentary evidence within the two‑week window required by s16.4.12(2). Communicate to members the acceptable forms of evidence (s16.4.12(3)).
• Coordinate with travel and finance units. Because offsets may result in payment of the “value” under s16.4.5 or return transport costs (s16.4.11(3)(b); s16.4.11(4)(b); Schedule 2, cl 2(2)), liaise with finance to ensure payments match valuation rules and that regional leave/relief leave centres are treated correctly for valuation (s16.4.11(5)).
• For private vehicle claims, apply s16.4.15. The Determination links private‑vehicle travel for in‑country COVID‑19 offsets to s16.4.15 (s16.4.11(4)(c); Schedule 2, cl 2(3)). Ensure the private‑vehicle criteria and rates in s16.4.15 are applied consistently.

Practical record‑keeping and communication

• Notify members in writing of the two‑week evidence deadline where an offset or advance payment is involved (s16.4.12(1)-(2)).
• Where a member’s offset is refused or modified, document reasons tied to the required criteria so the decision is transparent and auditable (s16.4.11(2)).
• Verify Annex 16.B. Administrators should consult Annex 16.B in the Defence Determination to identify excluded locations before advising members whether an offset to a particular country is available (s16.4.11(1)(a)).

Final note on compliance risk

• Because the instrument does not set out explicit sanctions for late or absent documentary evidence, administrators should adopt and communicate clear internal processes for dealing with non‑compliance, including how entitlement reversals or recovery will be handled. Members should be warned that offsets consume entitlement counts (s16.4.7.1(1A)) and that documentary evidence is required within two weeks (s16.4.12(2)).