Defence Determination, Conditions of service Amendment Determination 2021 (No. 19)

The central concept is "career transition training" defined as training up to a lifetime cumulative total of $5,320. This is a capped reimbursement or direct payment to the provider. The training must be aligned to "post-transition employment goals or meaningful engagement" and must commence within 12 months of the member's "transition date" (the date they cease full-time service or move to a lower category). "Meaningful engagement" appears in the parent determination definitions but is not redefined here; it likely includes voluntary work, study or caregiving, but the source does not elaborate. The concept of "approved absence" is new: up to 23 days for transition activities, but limited to 3 days for administrative tasks. These absences must not be taken in partial days. Unused days are not debited if training finishes early or is cancelled. The "decision-maker" for approving absence is a supervisor in the member's chain of command at or above WO2 or APS 4.

For evacuation assistance, the key concept is "evacuation order" and how its end time is determined. If the order lacks an end time, the Senior ADF Officer at the establishment sets it. Accommodation assistance is now conditional on an evacuation centre not being established, unless the centre is full, living-in accommodation is available, or special circumstances exist. This shifts the default from private accommodation to centres, reducing cost to Defence but potentially imposing inconvenience on members. "Reasonable costs of accommodation" are determined with regard to the nature of the emergency and availability of accommodation, acknowledging that market rates may spike during emergencies.

The "Army dental officer professional development scheme" is a time-limited scheme that originally expired 30 June 2020. The amendment extends the eligibility period to 30 June 2023, and the transitional provision allows retrospective reimbursement for eligible officers who incurred costs between 30 June 2020 and the commencement of this determination (14 October 2021), up to the maximum under section 4.8.32.

The primary affected group is current and former members of the Australian Defence Force. Specifically, the career transition amendments apply to: members of the Permanent Forces who become Reservists; Reservists who transfer to SERCAT 2 after ceasing higher categories or completing a fixed period of continuous full-time service; members who receive a termination notice, are within 12 months of retirement age, are within 3 months of completing a fixed period of service, or have been dismissed under the Defence Force Discipline Act 1982; and former members who met those criteria before leaving and apply within two years of their last day of service. This broadens the pool beyond those who simply resign, to include those who are dismissed or transition to lower service categories. Former members are now explicitly included, increasing the population eligible for training and financial advice benefits.

The approved absence provisions affect Permanent Force members and Reservists who need time off for transition activities. The decision-maker (chain of command at WO2 or APS 4 or above) is affected by the requirement to assess whether service requirements can be met during the absence.

The dental officer scheme affects Army dental officers who were eligible for professional development reimbursement between 30 June 2020 and 30 June 2023. The transitional provision benefits those who incurred costs during the gap period (30 June 2020 to 14 October 2021) but were previously ineligible due to the scheme's expiry.

Evacuation assistance amendments affect all members who may be subject to an evacuation order, especially those in Service residences or living-in accommodation. The change shifts responsibility from automatic accommodation assistance to a default of using evacuation centres, with discretion for Senior ADF Officers to grant exceptions. Dependants are affected because accommodation costs for them are covered only if they were occupying the Service residence with the member immediately before the order.

Administratively, Defence personnel processing these claims will need to apply new eligibility tests, such as the two-year post-service window for former members and the training alignment test. The dental officer transitional provision requires processing of retrospective claims for activities up to 16 months prior.

Members have a right to apply for career transition training up to $5,320 and financial advice up to $1,000, provided they meet eligibility criteria. However, the training must be "aligned to post-transition employment goals or meaningful engagement", and the Chief of the Defence Force (CDF) must be satisfied of this. That imposes a subjective approval right, not an entitlement. Training cannot be a capital investment in a business, which excludes starting a small business using the benefit. A member who has already secured employment or meaningful engagement related to their goals is ineligible; this may create a disincentive to seek work early if it would disqualify them from training for different goals.

Members have a right to 23 approved absence days for transition activities, but only if the decision-maker is satisfied service requirements can be met. This conditional right may be denied if operational needs take priority. The member cannot use more than 3 days for administrative tasks. The absence must be taken in full days, which may be less flexible than partial days. If training finishes early or is cancelled, unused days are preserved.

For financial advice, the advice must come from an AFSL holder or authorised representative, and cannot be routine tax or accountancy services. This restricts the type of professional help; basic tax return preparation would not qualify.

Evacuation assistance rights are reduced from the previous version (which the source doesn't reproduce but which presumably did not require use of evacuation centres first). Now the default is that a member must go to an evacuation centre unless excepted. Members in living-in accommodation are only entitled to other accommodation if no suitable living-in accommodation is available within 50 km. The Senior ADF Officer has discretion to find special circumstances to bypass the centre. This shifts discretion upward and reduces automatic coverage.

Dental officers have a right to retrospective reimbursement for professional development activities approved under section 4.8.31, subject to the maximum in section 4.8.32, for activities between 30 June 2020 and commencement. That right is limited to those who would have been eligible had the scheme been in force; it does not extend to all Army dental officers.

This instrument creates no new penalties or enforcement mechanisms. It is purely an amendment to the Defence Determination 2016/19, which is a legislative instrument setting out conditions of service. Breaches of the Determination would be dealt with under the Defence Force Discipline Act 1982 or administrative action, not under this instrument itself. However, the amendments do impose conditions on eligibility that, if misrepresented, could lead to disciplinary consequences for false statements. For example, a member claiming training reimbursement who has already secured employment related to their post-transition goals would be ineligible; if they knowingly apply and receive funds, that could be an offence under the Criminal Code (Cth) for obtaining a financial advantage by deception, or a service offence under the Defence Force Discipline Act.

The determination does not specify audits or verification processes. The CDF's satisfaction requirement for training alignment and the decision-maker's satisfaction for absence approvals are subjective assessments, reducing the risk of enforcement but also making decisions potentially arbitrary. No review or appeal rights are mentioned in the amendment, though the parent Determination may have such provisions.

The evacuation assistance amendments rely on the Senior ADF Officer's determination of end time and special circumstances. There is no penalty for an officer who incorrectly denies assistance, but a member who claims accommodation when a centre was available and not full may be ineligible, and Defence could refuse reimbursement or seek recovery.

This determination is made under section 58B of the Defence Act 1903, which allows the Minister's delegate to make determinations about conditions of service. It amends the principal Defence Determination 2016/19, which is a legislative instrument under the Legislation Act 2003. The parent determination interacts with the Defence Force Regulations, the Defence Force Discipline Act 1982, and administrative policies. Specific interaction points: the career transition amendments refer to termination notice under section 24 of the Defence Regulation or section 100 of the Act (presumably Defence Act). The dismissal ground refers to the Defence Force Discipline Act 1982. The evacuation assistance amendments note that the Acts Interpretation Act 1901 applies to distance measurement (50 km in a straight line or by road? The Act's default is usually road distance, but the note says that Act applies; section 4AB of the Acts Interpretation Act defines distance by the shortest route ordinarily travelled by road, unless otherwise specified). The professional financial advice requirement ties to the Corporations Act 2001 via the Australian Financial Services Licence requirement. The transitional provisions for dental officers bridge the gap between the scheme's original expiry date and the extended date, potentially interacting with financial delegation rules under the Public Governance, Performance and Accountability Act 2013 for retrospective payments. No amendment affects tax treatment, but the training and advice benefits are likely non-assessable under ordinary salary sacrifice rules; that is not stated in the source. The Act does not override any other Commonwealth law unless expressly; it is a subordinate instrument.

The instrument is itself an amendment determination: Defence Determination, Conditions of service Amendment Determination 2021 (No. 19). It amends the principal Defence Determination 2016/19, which has been amended many times since 2016. This instrument is the 19th amendment in 2021. The specific amendments are: Schedule 1 replaces sections 2.2.1, 2.2.3, 2.2.5, 2.2.6, 2.2.7.1, and 2.2.8 of the principal determination. It also inserts a definition of "Member includes a former member" after the definition of "meaningful engagement" in section 2.2.2. Schedule 2 amends subsection 4.8.29.2 by substituting a new sunset date: "30 June 2023" replaces "30 June 2020". Schedule 3 amends paragraph 7.11.3.2.b and replaces section 7.11.4. Schedule 4 inserts a transitional provision for the dental officer scheme, allowing retrospective claims for the period 30 June 2020 to commencement (14 October 2021). No other items are amended. The parent determination's complete amendment history is not provided, but this instrument shows a pattern of continuous refinement of transition benefits and evacuation rules. The dental officer extension suggests the scheme was lapsing and is now revived for three more years.

As at the date of this instrument (October 2021), there is no known litigation relating to these specific amendments. The instrument is subordinate legislation, and challenges to such determinations are rare and typically on jurisdictional grounds (e.g., whether the delegate had power under s 58B Defence Act). The career transition amendments expand eligibility and benefits, which would be unlikely to attract litigation from members, though a member denied benefits might seek merits review under the Administrative Appeals Tribunal if the parent determination provides for review (the source does not mention review rights). The evacuation assistance amendments could be more contentious: a member denied accommodation assistance because an evacuation centre was established but the member believed special circumstances existed could challenge the Senior ADF Officer's decision. However, such decisions are likely to be defended as within discretion. The dental officer transitional provision could generate disputes over whether a particular officer "would have been eligible" under the expired scheme, requiring interpretation of the old provisions. No reported cases are cited in the source. The instrument is too recent and narrow for litigation history; no searching of external databases is permitted, but based solely on the source, there is no litigation mentioned.

A major hidden trap: a member who secures employment or "meaningful engagement" related to their post-transition goals is immediately ineligible for career transition training, even if the new employment is part-time or temporary. This could discourage a member from accepting a job early if they still want training for a different career. The definition of "meaningful engagement" is not amended here, so it remains as previously defined; if it includes voluntary work or study, accepting such a role could cut off training eligibility.

The cap of $5,320 lifetime for training is modest relative to many tertiary courses or vocational qualifications. A member who does not carefully plan which training to pursue may exhaust the cap on a short course and have nothing left for more expensive, career-relevant training. Similarly, the $1,000 financial advice cap is enough for perhaps one comprehensive advice session; ongoing advice would be at the member's own cost.

Approved absence of 23 days is a lifetime cumulative cap, not per transition. A member who takes 10 days during a prior transition (e.g., from permanent to reserve) will have only 13 days left for a later transition. The 3-day limit on administrative activities (job applications, appointments) is tight; members may need more but cannot exceed it.

The training must commence within 12 months of the member's transition date. If a member delays starting a course for even a day beyond 12 months, they lose eligibility. This may catch members who are unaware of the time limit.

For evacuation assistance, the new default rule requiring use of an evacuation centre could leave members without accommodation if the centre is unpleasant or does not meet medical needs. The "special circumstances" exception is discretionary and may not be granted. Dependants are covered only if occupying the Service residence with the member before the evacuation order; a member whose spouse is away at the time may not have dependant costs covered.

The distance limit of 50 km for alternative living-in accommodation is measured according to the Acts Interpretation Act, which defaults to road distance. If the only available Defence accommodation is 51 km away, the member must pay out of pocket for other accommodation.

The dental officer transitional provision requires the member to have been eligible under the old scheme Between 30 June 2020 and commencement. But the old scheme had a sunset date of 30 June 2020; after that, no approvals could have been given. So the transitional provision deems eligibility retrospectively, but officers may not have kept receipts for activities during that period. They now have a limited window to apply.

For a member seeking to use career transition benefits, the first step is to determine eligibility under section 2.2.3: if you are a former member, you have only two years from last day of service. Plan training early: it must commence within 12 months of the transition date. Identify training that directly aligns with realistic employment goals or meaningful engagement. Training that is a "capital investment in a new or existing business" is excluded, so if you want to start a business, you cannot use the $5,320 for equipment or business courses. Instead, use it for apprenticeship or vocational training that leads to paid employment. Keep all receipts and enrolment documents. Apply for reimbursement or ask Defence to pay the provider directly (section 2.2.5(3)). Do not apply if you have already secured employment related to those goals, as that makes you ineligible.

For financial advice, choose a licensed financial adviser holding an AFSL or authorised representative. Ensure the advice covers topics like superannuation, budgeting, insurance, and investment strategies, not routine tax return preparation. Keep the statement of advice and fee receipts. The cap is $1,000 lifetime.

For approved absence, request approval from your supervisor (minimum WO2 or APS 4) well in advance. Demonstrate that service requirements can still be met. You cannot take more than 3 days total across your career for administrative tasks (e.g., going to Centrelink or housing appointments). Use the 23 days for training courses, employment interviews, and transition seminars. Only use full days. If a course ends early or is cancelled, notify your supervisor so unused days are not deducted.

For evacuation assistance, if an evacuation order is issued, first check if an evacuation centre has been established by civilian authorities or Defence. If it has, you must go there unless it is full, or you have living-in accommodation elsewhere, or the Senior ADF Officer grants an exception for special circumstances. If you are in a Service residence, you can claim reasonable accommodation costs for you and your dependants. Keep receipts. If you are in living-in accommodation and there is no alternative living-in accommodation within 50 km, you can claim other accommodation costs. Document the distance and unavailability.

For dental officers, apply for retrospective reimbursement under the transitional provision if you incurred professional development expenses between 30 June 2020 and 14 October 2021. Provide evidence of approval under section 4.8.31 and that you were eligible at the time. The maximum reimbursement is set out in section 4.8.32 (not reproduced here, so check the principal determination). There is no deadline stated for when the transitional application must be made, but prudent compliance would lodge promptly.

All claims should be submitted using the Defence's prescribed forms or online system (not specified in the source). Keep copies of all correspondence and decisions for audit purposes.