Defence Determination, Conditions of service Amendment Determination 2023 (No. 03)

The instrument introduces and adjusts several discrete technical concepts that operate within the architecture of the Defence Determination 2016/19. The main concepts, as stated in the instrument itself, are:

Post index determined by data service provider (replacement of subsection 12.3.14A.1)

• The substituted subsection states that, subject to a further subsection, the "post index for a post index location in an item in column A of the table in Annex 12.3.B is the standard figure provided to Defence by a data service provider for a location specified in column B of the same item" (Schedule 1, item 1). In short, the post index for those listed locations is the external provider's standard figure for the mapped location.

Temporary Part dealing with travel restrictions in China (Chapter 14A Part 4)

• Purpose (s14A.4.1): explicitly framed as "to provide temporary accommodation for members and their dependants who are either required to isolate before returning to China or are unable to return to China due to ongoing restrictions and lockdowns there" (Schedule 1, item 2).
• Person to whom Part applies (s14A.4.2): narrow eligibility criteria requiring (a) being in Australia on temporary absence from a posting in China, (b) being on travel provided under Chapter 14, 15 or 16 of the Defence Determination, and (c) either being required to isolate before returning to China or being unable to return due to ongoing Chinese restrictions/lockdowns (Schedule 1, item 2).
• Entitlement (s14A.4.3): eligible people are entitled to "the daily cost of accommodation, meals and incidentals provided under Annex 9.5.A or 13.3.A" for either the isolation period or the period they cannot return because of restrictions (Schedule 1, item 2).
• Temporal limit (s14A.4.4): the Part ceases on 30 June 2023 (Schedule 1, item 2).

Additional education support reimbursement (section 15.6.15A)

• Scope (s15.6.15A(1)): applies to a member posted to China.
• Benefit (s15.6.15A(2)): reimbursement for costs of up to 10 days for a child to attend an organised programme or online/face‑to‑face tutoring at the posting location.
• Quantum (s15.6.15A(3)): reimbursement is the lesser of the actual cost or an amount calculated as AUD 135 × (post index/100).
• Temporal limit (s15.6.15A(4)): ceases 31 August 2023.

Rent ceilings update (Schedule 2)

• Schedule 2 replaces the "Ballarat, Delecombe and Alfredton" entries in Annex 7.E across multiple parts with new numerical ceiling figures (Schedule 2, items 1-6). The instrument itself identifies the entries and the new numbers; it does not restate how Annex 7.E is used elsewhere in the Determination (Schedule 2).

Transitional provisions (Schedule 3)

• Definitions (clause 1) clarify that "Defence Determination" refers to the Defence Determination 2016/19.
• Clause 2 treats persons who, between 15 December 2022 and commencement of Schedule 1, met the conditions now set out in Chapter 14A Part 4 as eligible for the benefits under that Part had it been in force.
• Clause 3 permits reimbursement of out‑of‑pocket costs for accommodation, meals or incidentals incurred in that same period up to the amount the person would have been eligible for under the newly inserted Part (Schedule 3, clauses 2-3).

Temporal and administrative framing

• Multiple measures in the instrument are explicitly temporary, with statutory cessation dates noted for the China‑related Part (30 June 2023) and the education support section (31 August 2023). The commencement table sets different operative dates for different schedules (clause 2). The authority for making the instrument is s58B of the Defence Act 1903 (clause 3).

Cross‑references within the Determination

• Entitlements created by the new Part 4 reference Annex 9.5.A or 13.3.A for the "daily cost" amounts; the post index rule substitution connects to Annex 12.3.B; rent ceiling changes alter Annex 7.E. The instrument therefore adjusts the inputs and outputs used elsewhere in the Defence Determination.

These are the core legal and administrative constructs introduced or changed by the instrument. The changes are narrow, technical, and largely time‑bound, directed at defined categories of members and specific Annex entries.

The instrument is targeted rather than universal. The principal affected groups, drawn strictly from the Determination’s text, are:

Members posted to China and their dependants

• The new Chapter 14A Part 4 applies to "a person who meets all of the following" conditions: (a) they are in Australia on temporary absence from a posting in China; (b) they are undertaking travel provided under Chapter 14, 15 or 16 of the Defence Determination; and (c) they are required to isolate before returning to China or are unable to return due to China’s ongoing restrictions and lockdowns (s14A.4.2). The person described may include dependants insofar as the Part's stated purpose is to "provide temporary accommodation for members and their dependants" (s14A.4.1) and s14A.4.3 entitles "the person" to costs for "members and their dependants".

Members posted to China with school‑age children

• Section 15.6.15A is explicit: "This section applies to a member who is posted to China" (s15.6.15A(1)). The reimbursement expressly covers costs for "their child to attend" organised programmes or tutoring at the posting location for up to 10 days (s15.6.15A(2)). That is a family‑related benefit, limited to posted members with children.

Members who were in Australia on temporary absence from China during the transition window (15 December 2022 to commencement of Schedule 1)

• Schedule 3, clause 2 brings those people within the scope of Chapter 14A Part 4 retrospectively, effectively treating them as if the Part had applied when they travelled if they met the specified conditions.

Members who incurred out‑of‑pocket accommodation, meals or incidentals

• Schedule 3, clause 3 makes eligible persons who between 15 December 2022 and the commencement of Schedule 1 incurred costs that they "would otherwise have been eligible for" under the new Part; they may be reimbursed "up to what they would have been eligible for."

Members whose pay/allowances are calculated with reference to Annex 7.E rent ceilings

• Schedule 2 replaces the "Ballarat, Delecombe and Alfredton" entries in Annex 7.E across multiple Parts with new numeric ceilings. Members whose rental assistance or related entitlements depend on Annex 7.E will be affected by the revised ceilings from 2 March 2023.

Defence administration and payroll/claims processors

• The changes create new or extended entitlements and retrospective reimbursement obligations; Defence People Group, payroll and claims administration units will be responsible for implementing and processing claims, mapping post index figures to the external data provider standard figures (the substituted 12.3.14A.1), applying Annex 9.5.A or 13.3.A daily cost rates, and applying the rent ceiling updates in Annex 7.E.

Who is not covered

• The instrument is narrowly framed. It does not expand general travel or accommodation entitlements outside the stated China‑specific circumstances, nor does it create a permanent new category of benefit. Persons posted elsewhere, or those travelling privately and not under Chapter 14/15/16 travel provisions, are not within the new Part unless they meet the explicit conditions.

Who decides and who pays

• The instrument was made by the Assistant Secretary, People Policy and Employment Conditions, under statutory authority (clause 3). The text itself sets eligibility rules and reimbursement formulas; the actual payments are to be made under the Defence Determination framework (e.g. entitlements specified by reference to Annexes). The instrument does not set out separate decision‑making or dispute resolution procedures; those remain part of Defence administrative processes under the Defence Determination and the Defence Act framework.

Temporal limits and certainty

• A practical consequence for affected members is temporariness: the China travel Part ceases on 30 June 2023 (s14A.4.4), and the education support provision ceases on 31 August 2023 (s15.6.15A(4)), after which the entitlements expire unless further instruments are made.

In sum, the instrument chiefly affects Defence members posted to China or temporarily absent from such postings (and their dependants), members with children at a posting in China, members who incurred relevant costs during the specified retrospective window, and Defence administrative machinery that processes reimbursements and allowances.

The instrument confers limited rights and implicitly creates administrative duties. The text sets the entitlements and the eligibility conditions; it leaves claim processing and operational steps to Defence's administrative systems. The principal legal entitlements and the attendant duties, as stated in the instrument, are:

Rights created by the instrument

Temporary accommodation, meals and incidentals for specified travellers (s14A.4.3)

• A person meeting s14A.4.2(a)-(c) is "eligible for the daily cost of accommodation, meals and incidentals provided under Annex 9.5.A or 13.3.A" for either the isolation period or the period they are unable to return to China due to restrictions (s14A.4.3). The right is to be paid the daily cost amounts that those Annexes prescribe.

Additional education support reimbursement (s15.6.15A)

• A member posted to China may be reimbursed for up to 10 days of a child’s attendance at an organised programme or tutoring at the posting location (s15.6.15A(2)). The reimbursement is the lesser of actual cost and the formula AUD135 × (post index/100) (s15.6.15A(3)). This is a capped, formulaic reimbursement right.

Retrospective reimbursement for specific past travel and costs (Schedule 3)

• Persons who met the Part 4 conditions between 15 December 2022 and commencement of Schedule 1 are treated as if they had been eligible under the new Part (Schedule 3, clause 2). Persons who incurred relevant out‑of‑pocket costs in that period may be reimbursed "up to what they would have been eligible for" had the changes applied at the time (Schedule 3, clause 3).

Updated rent ceilings (Schedule 2)

• The Annex 7.E numbers for Ballarat, Delecombe and Alfredton are replaced across specified parts, which changes the ceiling amounts that will govern rental‑related calculations that rely on Annex 7.E.

Administrative duties implied by eligibility and reimbursement language

Claim requirement and documentation (implied)

• The instrument grants eligibility for reimbursement and specifies quantum rules. Practical implementation will require members to identify they meet s14A.4.2 or s15.6.15A(1), and to present evidence of costs. The Determination refers to "eligible for the daily cost" or "reimbursed the costs", which presupposes a claims process, receipts and administrative validation. The instrument itself does not set out claim forms, time limits for claiming, or documentation standards.

Mapping post indices to external data (substituted 12.3.14A.1)

• The new post index rule makes Defence's post index for listed locations dependent on "the standard figure provided to Defence by a data service provider for a location specified in column B of Annex 12.3.B" (Schedule 1, item 1). Defence, or its delegated administrators, are therefore duty‑bound to use (and keep updated) the specified external provider figure when calculating reimbursements that depend on post index.

Temporal compliance duty

• Rights are time‑limited. Administrative staff must monitor cessation dates,Part 4 ceases on 30 June 2023 (s14A.4.4) and s15.6.15A ceases on 31 August 2023,to ensure payments are not made after expiry.

Limits and priorities

• The instrument expressly limits reimbursements to the lesser of cost and a formula (s15.6.15A(3)) or to "the daily cost ... provided under Annex 9.5.A or 13.3.A" (s14A.4.3). Members do not have an automatic right to be reimbursed for amounts that exceed those caps.

No penalty or enforcement provisions in the instrument

• The text contains no offence, penalty or administrative sanction clauses. It sets entitlements and eligibility and leaves enforcement/administration to Defence under the broader statutory framework (clause 3 referring to s58B authority). Any disciplinary, recovery or sanction process in the event of false claims would be governed by other provisions in the Defence Determination or Defence Act regime; this instrument does not create or alter such penalty mechanisms.

In short, the instrument creates narrowly defined reimbursement rights subject to formulaic caps and temporal limits. It imposes implied administrative duties on Defence to apply the external data provider's standard figures, validate claims, and comply with cessation dates. The precise operational steps for claiming, timelines and documentation standards are not specified in the instrument and remain matters for Defence administrative practice under the Defence Determination.

The instrument contains no express penalties, offence provisions or civil enforcement mechanisms. It is an administrative amendment that specifies eligibility rules, caps and cessation dates; it does not create new criminal offences or specific administrative sanctions within its text.

What the instrument does say about authority and administration

• The instrument is made under section 58B of the Defence Act 1903 (clause 3). That statutory authority supplies the legal power to make conditions of service determinations, and provides the institutional basis for Defence to administer entitlements. The instrument itself does not delineate enforcement procedures; it simply sets entitlement rules.

Consequences for enforcement and recovery are therefore indirect

• Because the Determination grants reimbursement rights and sets maxima, Defence administration (payroll, claims and policy teams) will be responsible for validating claims and processing payments consistent with those rules. The Determination does not state claim timeframes, evidence standards or overpayment recovery procedures; those processes will be administered under existing Defence Determination mechanisms and departmental policy.

No internal sanctions or penalty clauses added

• There are no sections in the instrument that impose fines, detention, administrative penalties, disallow payments in specified circumstances, or criminalise conduct. Any disciplinary or recovery action for incorrect or fraudulent claims would rely on existing Defence policies or other statutory provisions beyond this instrument.

Implementation risk and administrative discretion

• The absence of specified procedural safeguards in the instrument leaves scope for administrative discretion in enforcing eligibility and assessing claims. Defence will need to determine, as a matter of policy and practice, how to: verify that a person was "in Australia on temporary absence from a posting in China" and "undertaking travel provided under Chapter 14, 15 or 16"; verify that the isolation requirement or inability to return was due to China’s restrictions; apply the Annex 9.5.A or 13.3.A daily costs; apply the post index figure provided by an external data provider; and calculate reimbursements under the education support formula. Those administrative exercises are the practical enforcement mechanisms, but are not described in this instrument.

Transitional reimbursement operationalisation

• Schedule 3 provides retrospective eligibility and a right to reimbursement "up to what they would have been eligible for" (Schedule 3, clause 3) for certain costs incurred between 15 December 2022 and the commencement of Schedule 1. Administering these retrospective claims will require Defence to determine what each person would have been eligible for under the new Part, and reimburse up to that figure. The instrument does not prescribe dispute resolution for contested retrospective claims.

In sum, enforcement is administrative, not penal. The instrument modifies entitlements and sets limits; it leaves claim validation, payment, oversight and any recovery or disciplinary action to existing Defence administrative and statutory frameworks.

This instrument operates within the legal architecture established by the Defence Act 1903 and the Defence Determination 2016/19; it amends the latter. The direct statutory cross‑references in the instrument are:

Made under Defence Act 1903 (s58B)

• Clause 3 states the instrument is made under section 58B of the Defence Act 1903. That is the statutory power authorising the making of conditions of service determinations for Defence. The instrument does not modify the Defence Act itself; it exercises power conferred by that Act to amend conditions of service.

Amendment of Defence Determination 2016/19

• The instrument expressly amends the Defence Determination 2016/19 (clause 4 and the Schedules), substituting specified subsections, inserting new Parts and sections (Chapter 14A Part 4, s15.6.15A), and replacing numerical Annex entries. Its legal operation is therefore as an amending determination under the Defence Act framework; the substantive entitlements and ceilings it creates are incorporated into the Defence Determination.

Cross‑references within the Defence Determination

• The new Part 4 in Chapter 14A references the daily cost amounts supplied in Annex 9.5.A or 13.3.A (s14A.4.3); the post index substitution ties the post index to the external data service provider figures in Annex 12.3.B (replacement of subsection 12.3.14A.1); rent ceiling changes modify Annex 7.E entries. The instrument therefore changes inputs and outputs across internal Annexes that jointly determine allowances and reimbursements throughout the Defence Determination.

Interaction with Defence administrative law and policy

• The instrument does not set procedural rules, so administrative procedures, dispute resolution, and oversight will be governed by the broader Defence Determination and Defence policy. Defence administrative law principles, including legal and procedural fairness in processing claims, will continue to be relevant; however this instrument does not itself add procedural statutory obligations.

No express interaction with external non‑Defence statutes in the text

• The instrument contains no references to external statutes (for example, taxation law, social security law, migration law or public health orders). It does not purport to override public health requirements; rather it responds to declared public health or lockdown conditions in China by providing temporary accommodation and other reimbursements in specified circumstances.

Temporal interaction and transitional effect

• Schedule 3 provides retrospective application for travel between 15 December 2022 and the commencement of Schedule 1 (2 February 2023) for the specific entitlements established by Chapter 14A Part 4. That interacts with prior administrative decisions and payments by Inspectorate/claims staff, by creating a statutory basis for retrospective reimbursement of certain out‑of‑pocket costs.

Limits on judicial interaction in the instrument

• The instrument does not say anything about litigation or judicial review. Instruments made under statutory powers are amenable to review in law, but this document contains no clause limiting review or establishing special judicial processes. The instrument’s silence on remedies or appeals means that legal challenges (if any) would proceed under general administrative law principles and the court system, subject to the limits of existing legislation. The text itself includes no litigation or appeal mechanism.

In practice, therefore, the instrument is a targeted amendment to the Defence Determination, integrated into existing Defence regulatory and administrative systems, and dependent on the statutory power in s58B of the Defence Act 1903. It modifies internal Annexes and creates temporary, narrowly‑framed entitlements without expressly engaging other statute regimes in its text.

This instrument is an amending Determination titled Defence Determination, Conditions of service Amendment Determination 2023 (No. 03). The instrument records its maker and date and sets out commencement mechanics. The amendment history within the instrument itself comprises these changes:

Instrument title and authority

• Name: clause 1 records the name "Defence Determination, Conditions of service Amendment Determination 2023 (No. 03)".
• Authority: clause 3 states the instrument is made under s58B of the Defence Act 1903.

Commencement sequencing (clause 2)

• The commencement table allocates the operative dates: sections 1-4 and anything not elsewhere covered commence the day after registration; Schedules 1 and 3 commence 2 February 2023; Schedule 2 commences 2 March 2023. The instrument includes the typical note that the commencement table relates only to the instrument as originally made and will not be amended to record later changes.

Schedule 1 , China amendments

• Item 1: repeals and substitutes subsection 12.3.14A.1 to set the post index as the standard figure provided by a data service provider for the mapped location in Annex 12.3.B.
• Item 2: repeals Chapter 14A Part 4 and substitutes a new Part 4 that contains s14A.4.1-14A.4.4. These sections establish the purpose, person(s) to whom the Part applies, the entitlements (daily cost of accommodation, meals, incidentals under Annex 9.5.A or 13.3.A), and a cessation date of 30 June 2023.
• Item 3: inserts s15.6.15A "Additional education support costs - China" after s15.6.15. It grants limited reimbursement rights up to 10 days for child programmes or tutoring, with a capped formula (AUD 135 × post index/100), and ceases on 31 August 2023.
• Item 4: amends subsection 16.4.11A.4 by replacing the date "31 December 2022" with "30 June 2023".

Schedule 2 , Rent ceilings amendments

• Items 1-6 replace entries for "Ballarat, Delecombe and Alfredton" in Annex 7.E across Parts 1.1, 1.2, 2.1, 2.2, 2.3 and 2.4 with specific numerical ceiling figures. The numerical replacements are set out item by item (e.g. Part 1.1 becomes 830, 876, 906; Part 1.2 becomes 747, 788, 815; and so forth). These changes commence on 2 March 2023.

Schedule 3 , Transitional provisions

• Clause 1 defines "Defence Determination" for the purposes of the schedule.
• Clause 2 provides retrospective application of benefits under Chapter 14A Part 4 for persons who between 15 December 2022 and commencement of Schedule 1 met the Part's conditions.
• Clause 3 provides for reimbursement of out‑of‑pocket costs incurred in that same period up to what the person would have been eligible for under the new Part.

No subsequent amendments are recorded in the instrument itself. The instrument contains the standard declaratory and commencement provisions that typically accompany a Defence Determination amendment. It therefore represents an immediate, time‑bound amendment package to the Defence Determination 2016/19 focused on China‑related travel restrictions and a set of rent ceiling updates.

The instrument as provided contains no litigation history, no references to court decisions, and no statements about existing or concluded legal proceedings. It is an administrative amending instrument; the text does not record any judicial challenges, precedent, or litigated interpretation.

What the instrument records

• The instrument is silent on litigation. There are no named cases, no decisions cited, and no references to prior legal disputes in the text. It is confined to statutory amendment mechanics.

Implications for potential review

• Although the document does not mention litigation, instruments made under statutory powers (here s58B of the Defence Act 1903) may, in principle, be subject to judicial review or be the subject of litigation concerning their validity, construction, or the lawfulness of administrative action taken under them. The instrument does not address remedies, appeal routes or privative clauses. Any legal challenge would need to be grounded in the general law, relevant statutory provisions, or procedural fairness principles, but the instrument itself contains no material about such proceedings.

Practical note for practitioners

• For readers looking to litigate or advise on these changes, the instrument supplies the operative text and dates that would be the starting point in any challenge about entitlements, retrospective reimbursements, or administrative implementation. The instrument does not purport to change underlying statutory powers; it exercises them under s58B. There is no record in the instrument of prior litigation to use as interpretive aid.

In short, the instrument contains no litigation history and does not identify any judicial interpretation or challenge to the amendments it makes.

The instrument is compact but contains several practical traps and narrow eligibility rules that can produce unexpected outcomes if overlooked. The following are source‑grounded cautions:

Temporal limits create expiry risk (s14A.4.4; s15.6.15A(4))

• The China‑related Part 4 ceases on 30 June 2023 (s14A.4.4). The education support reimbursement ceases on 31 August 2023 (s15.6.15A(4)). These are statutory cessation dates in the Determination; any payments or administrative expectations that rely on continued entitlement beyond those dates require a further instrument. Practitioners should check when advising on entitlements to ensure claims are within the operative windows.

Narrow, conditional eligibility for accommodation/meals/incidentals (s14A.4.2)

• Eligibility under s14A.4.3 is not broad travel cover. It applies only to a person who (a) is in Australia on temporary absence from a posting in China; (b) is undertaking travel provided under Chapter 14, 15 or 16; and (c) is either required to isolate before returning to China or is unable to return due to China’s ongoing restrictions and lockdowns (s14A.4.2). Members who are not on authorised travel under those Chapters, or who are not on temporary absence from a posting in China, are out of scope.

Entitlements are capped by Annex references and formulas (s14A.4.3; s15.6.15A(3))

• The accommodation/meals/incidentals payments are "the daily cost ... provided under Annex 9.5.A or 13.3.A" (s14A.4.3), and the education support reimbursement is the lesser of actual cost or AUD 135 × (post index/100) (s15.6.15A(3)). Members whose actual costs exceed those caps will be out of pocket unless Defence waives or supplements payment, which the instrument does not authorise.

Post index is tied to an external data service provider (substituted 12.3.14A.1)

• The post index for listed locations is "the standard figure provided to Defence by a data service provider" for the mapped location (substituted text for 12.3.14A.1). This changes how post index figures may be determined and relies on an external provider. Practitioners should note that the instrument makes the post index externally sourced for those locations; it does not set a fallback if a data service provider figure is unavailable.

Transitional reimbursement is limited to "what they would have been eligible for" (Schedule 3, clause 3)

• For persons who incurred out‑of‑pocket costs between 15 December 2022 and commencement of Schedule 1, reimbursement is limited to the amount they "would otherwise have been eligible for" under the new Part. That language can produce lower reimbursement than full actual expense and requires Defence to compute a hypothetical entitlement for the relevant period.

Operational details are omitted

• The Determination grants entitlements but does not specify claims processes, timeframes for lodging claims, or documentation standards. Those operational details will be set by Defence administrative practice; claimants should retain receipts and contemporaneous evidence that they met the specific eligibility conditions (e.g. evidence of being on temporary absence from a posting in China, evidence of isolation requirements or inability to return caused by China’s restrictions).

Rent ceiling numeric changes apply from a later date (Schedule 2)

• Schedule 2's rent ceiling replacements commence on 2 March 2023. Between 2 February and 2 March 2023, the existing Annex 7.E entries (pre‑amendment) remained operative. Practitioners should check which Annex version applied for any claim periods straddling that boundary.

Retrospective coverage is limited to a specified window

• The retrospective clauses in Schedule 3 apply only to travel and costs between 15 December 2022 and commencement of Schedule 1. They do not apply to costs incurred outside that window or to other locations.

No penalty provisions in the instrument

• While the Determination creates entitlement rules, it contains no sanction provisions or express recovery procedures for overpayments or false claims. Any recovery or disciplinary action would rely on separate Defence policies or statutory provisions not altered here.

Mapping and verification issues

• The instrument’s reliance on an external "data service provider" for post index figures may create practical issues (which provider, which standard figure, how frequently updated). The instrument itself delegates that mapping to Defence via Annex 12.3.B but does not prescribe provider selection or dispute resolution on index figures.

In short, the principal "gotchas" are the narrowness of eligibility, the caps and formula limits, the temporal nature of the benefits, the reliance on external data for post indices, and the absence of operational claim details in the instrument. Those features create potential administrative and practical risks for claimants and for Defence administrators alike.

Compliance for members and administrators under this Determination consists of three streams: (a) determining eligibility, (b) assembling documentary evidence and calculating entitlements under the Annex/formula rules, and (c) lodging claims through Defence administrative channels. The instrument does not supply claim forms or timelines; it sets substantive entitlement rules. The following steps are source‑grounded actions to align with the instrument’s requirements.

1. Confirm the statutory timing and applicability

• Check commencement dates: Schedules 1 and 3 commence 2 February 2023, Schedule 2 commences 2 March 2023, and other sections commence the day after registration (clause 2). Ensure the travel and expense dates fall within the operative periods for the relevant entitlements.
• For China travel entitlements, verify that the travel or isolation period occurred on or after the relevant commencement or falls into the transitional window (15 December 2022 to commencement of Schedule 1) covered by Schedule 3 clauses 2-3.

2. Establish that the person meets the eligibility conditions in s14A.4.2 or s15.6.15A(1)

• s14A.4.2 requires the person to be: in Australia on temporary absence from a posting in China; undertaking travel provided under Chapter 14, 15 or 16 of the Defence Determination; and either required to isolate before returning to China or unable to return due to China’s ongoing restrictions and lockdowns.
• s15.6.15A applies to "a member who is posted to China" for the education support reimbursement.
• Gather documentary confirmation that the person was posted to China and that the period in question was a temporary absence from that posting (orders, posting documentation, travel authorisation under Chapter 14/15/16).

3. Record and preserve evidence of the qualifying circumstances

• For isolation or inability to return: retain public health or border control orders, Defence travel orders, communications from health authorities, or official Defence directions that show the person was required to isolate or unable to return because of China’s restrictions.
• For posted members seeking education support reimbursement: keep invoices or receipts for organised programmes or tutoring attendance for up to 10 days, and evidence of the child's attendance at the program or tutoring (program attendance records, invoices).

4. Compute the entitlement carefully using the Annex references and formulae

• Accommodation/meals/incidentals under s14A.4.3: the person is "eligible for the daily cost ... provided under Annex 9.5.A or 13.3.A." Identify which Annex applies to the person’s travel and apply the daily rate(s) listed in that Annex for each day of the isolation or inability‑to‑return period.
• Education support under s15.6.15A(3): compute the lesser of (a) the actual program or tutoring cost for up to 10 days, and (b) AUD 135 × (post index/100). To calculate the post index, apply the substituted rule in 12.3.14A.1: the post index is the "standard figure provided to Defence by a data service provider for a location specified in column B of the same item" in Annex 12.3.B. Obtain the relevant data service provider standard figure that maps to the member’s post and use it in the formula.
• For rent ceiling changes: determine whether Annex 7.E is used in the claimant's rent/rental assistance calculations and apply the updated Ballarat/Delecombe/Alfredton figures in the appropriate part of Annex 7.E after 2 March 2023.

5. For transitional claims (Schedule 3)

• If travel or costs occurred between 15 December 2022 and commencement of Schedule 1, determine whether the person would have met the Chapter 14A Part 4 conditions. If they would have, compute their hypothetical entitlement under the Part and claim reimbursement up to that computed amount (Schedule 3, clauses 2-3).
• Retain contemporaneous receipts for accommodation, meals and incidentals as these are specifically addressed for reimbursement under the transitional clause.

6. Submit claims through Defence channels and follow administrative instructions

• The Determination does not set claim forms or internal process steps. Submit all claims through the Defence People Group, payroll, or claims processing channels as directed by Defence policy. Include: posting orders; travel authorisation under Chapter 14/15/16; evidence of isolation requirement or inability to return; receipts/invoices; attendance records for education support; and the calculation supporting the claimed amount (showing the application of the relevant Annex rates or the education support formula).
• Because the instrument provides capped entitlements, clearly show the calculation of the lesser amount (actual cost versus formula or Annex rate) to avoid overclaiming.

7. Monitor cessation dates and act promptly

• The China travel Part ceases on 30 June 2023, and education support ceases on 31 August 2023. Claims outside those windows are not supported by this instrument. Lodge claims promptly where possible, and check Defence guidance for any internal time limits for claims.

8. Anticipate verification and potential queries

• Expect Defence administrators to verify postings, travel authorisations, and the causal connection between China restrictions and inability to return. Be prepared with contemporaneous evidence and to identify which Annex rate applies (Annex 9.5.A or 13.3.A) and which post index figure applies for education support.

9. For administrators: implement data mappings and updated Annex entries

• Ensure that payroll and claims systems are updated to: (a) read post index values from the specified data service provider mapping in Annex 12.3.B; (b) apply the updated Annex 7.E rent ceiling figures for Ballarat, Delecombe and Alfredton from 2 March 2023; (c) apply Annex 9.5.A or 13.3.A daily rates for s14A.4.3 payments; and (d) apply the education support formula for s15.6.15A claims.
• Establish guidance on evidence standards, timeframes for retrospective claims under Schedule 3, and the internal process for computing hypothetical entitlements for the retrospective window.

10. Keep records and consider internal audit

• Given the retrospective reimbursements and external‑data dependency for post indices, maintain clear records of the data provider figures used, the dates of those figures, and any correspondence with the provider. Maintain audit trails for claims processed under these amendments in case of future queries or reconciliations.

These steps implement the instrument’s entitlements as written. The Determination itself does not supply claim procedures, so parties must follow Defence’s operational guidance when available and ensure documentary proof supports any claims made under the new or retrospective provisions.