Defence Determination, Conditions of service Amendment Determination 2023 (No. 9)
In Force
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Jurisdiction
Commonwealth
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legislative instrument
Plain English Summary
7/10 complexity
This instrument amends the Defence Conditions of Service (2016/19) to update definitions, payment rates and tables, housing standards, leave and medical‑absence rules, reimbursements for relocation and education, and overseas health‑travel entitlements. It affects Australian Defence Force members, their resident families and certain eligible persons by changing who qualifies for benefits, how amounts are calculated, and what documentary approvals are required.
Mechanically it replaces tables, revises eligibility tests, inserts COVID‑19 travel conditions, and gives the Chief of the Defence Force (CDF) specific decision‑making roles for approvals and discretionary reimbursements.
This instrument, the Defence Determination, Conditions of service Amendment Determination 2023 (No. 9), amends Defence Determination 2016/19, Conditions of service. It was made under section 58B of the Defence Act 1903 and commenced in full on 14 September 2023 (see commencement table, items 1-2 and section 3 of the instrument). The Determination is an administrative amendment instrument: it makes targeted textual corrections, replaces tables of rates, inserts and replaces definitions, adjusts eligibility rules for a range of allowances and benefits, modifies procedural rules for leave and medical absence, sets standards for Service residences, and clarifies overseas travel, health-care travel and remedial tuition entitlements. The amendments are arranged in three Schedules: Schedule 1 (Domestic amendments), Schedule 2 (Overseas amendments) and Schedule 3 (Transitional provisions). Each Schedule lists individual items that either omit, substitute, insert or repeal text in the parent Defence Determination.
Mechanically, the instrument performs the following types of changes (non-exhaustive examples drawn directly from the Schedules): (a) textual fixes and definition substitutions (Schedule 1 items 1-2, 33); (b) replacement of monetary tables and rates for housing and related allowances (Schedule 1 items 11-16, 14, 15); (c) amendments to leave and medical absence rules, including re-crediting recreation and long service leave when medical absence is approved and a medical certificate is provided (Schedule 1 items 18-20); (d) changes that expressly incorporate COVID‑19 restrictions imposed by state or territory law into travel and housing benefit conditions (Schedule 1 items 22, 26, 28-32); (e) insertion of new or revised entitlement purpose statements and exclusions, for example a new purpose statement for Part 6.2 and a specific exclusion for items obtained through a grant (Schedule 1 items 23 and 23A, where 6.2.1A is inserted); (f) new or clarified standards for Service residences including minimum amenities and yard sizes (Schedule 1 item 38, section 7.6.12); (g) overseas-specific changes to health-care travel entitlements, escort and child-accompany rules, class of air travel and a formula for private vehicle reimbursement tied to internal rate indices (Schedule 2 items 3-9, 15.5.19A); and (h) preservation of particular retrospective entitlements in limited circumstances via transitional provisions (Schedule 3 items 2-6).
The instrument grants and clarifies decision-making discretions to the Chief of the Defence Force (CDF) in several contexts. For example, the CDF must consider enumerated factors when deciding special educational circumstances (Schedule 1 item 47, replacing subsection 8.4.22.7), and the CDF’s approval is required for escorts, children accompanying eligible persons and remedial tuition under the overseas health and education rules (Schedule 2 items 6-10, sections 15.5.17-15.6.28). It also imposes documentary requirements in several places, for instance a medical certificate is required for re-credit of leave (Schedule 1 items 19-20).
The instrument also repeals select provisions and exceptions in the parent Determination (Schedule 1 item 57 and item 58; Schedule 2 item 14). The practical effect is a mix of technical corrections, expanded clarifications, new or adjusted monetary entitlements, and added eligibility constraints (for example the exclusion of items obtained through a grant from loss reimbursement, Schedule 1 item 23A). The transitional Schedule makes specified entitlements available as though particular amendments had been in force earlier for narrowly defined groups and date ranges (Schedule 3 items 2-6).
Main concepts
Scope and authority: The instrument is made under s 58B of the Defence Act 1903 (see section 3 of the instrument). Its legal operation is to amend an existing administrative instrument , Defence Determination 2016/19 , by text substitutions, insertions and repeals. The changes are internal to the Determination and operate as administrative conditions of service rather than as primary legislation.
Definitions and cross-references: Multiple items replace or insert definitions and internal cross-references. Examples include correction of a defined phrase in section 1.3.1 (continuous full-time service) and redirection of the serious illness cross-reference from “1.3.4” to “1.3.5” (Schedule 1 items 1-2). The instrument also inserts a new definition for resident child carer (Schedule 1 item 33) and creates new definitions in Parts 8.4 and 8.5 (compulsory tuition fees at item 45 and emergency situation at item 48). Many other amendments rely on internal cross-references to other sections in the Determination, for example references to Part 2 of Annex 7.A for contributions to Service residence (Schedule 1 item 39) and to section 6.1A.2 for the definition of furniture and effects (Schedule 1 item 23).
Monetary tables and rates: Several tables of rates have been repealed and substituted. Key examples are the table at subsection 4.4.9.1 (Schedule 1 item 11) which replaces the housing-related benefit table with new amounts across location grades A-E and for living-in versus living-out conditions; subsection 4.4.19.2 is similarly replaced with annual rates tied to resident family occupancy (Schedule 1 item 12); and adjustments are made to various monetary rates cited in sections 4.4.24, 4.4.31, and 4.4.36.2 (Schedule 1 items 13-15). These are definitive numeric changes that will flow into entitlements and payroll.
Eligibility and exclusions: The instrument tightens or clarifies eligibility in several domains. For example, a new clause excludes reimbursement for loss on items obtained through a grant (Schedule 1 item 23A). Amendments clarify who is eligible to have certain private vehicles and towable items reimbursed when deployed (Schedule 1 item 24), and change residence- and family-related eligibility rules for housing benefit and HPSEA (Home Purchase Sale Exchange Assistance) timing, including when the two‑year qualification period for HPSEA begins (Schedule 1 item 35).
Leave and medical absence: The Determination now more explicitly allows re-credit of recreation and long service leave for days where an approved medical absence and medical certificate attach (Schedule 1 items 18-20). The substitute for subsection 5.11.7 sets timing and frequency limits on short absences related to Service events or activities (Schedule 1 item 21).
Who it affects
Primary affected group: Members of the Australian Defence Force who are covered by Defence Determination 2016/19. The instrument amends entitlements, definitions and eligibility criteria that apply to ADF members generally; it also affects Reserve members in particular circumstances (see Schedule 1 item 11, table Item 3.d which expressly includes "a member of the Reserves who is undertaking Reserve Service and who is required to live out").
Resident family and recognised other persons: Multiple amendments reference “resident family” and “recognised other persons”. Changes to the definitions and eligibility for family-related benefits affect who may receive housing benefits, family travel allowances and tuition reimbursements. For example, the amended definition of resident child carer explicitly excludes resident family and recognised other persons and defines the carer as someone living with resident family to provide child care (Schedule 1 item 33). The Chapter 8 heading change (Schedule 1 item 44) to “Assistance for recognised family” signals focus on recognised family arrangements.
Members posted overseas and their dependants: Schedule 2 focuses on overseas entitlements: travel for health care (sections 15.5.16-15.5.19), escorts and children accompanying eligible persons, remedial tuition for children of members posted overseas (sections 15.6.14 and 15.6.28), approved club memberships and fitness facilities (Schedule 2 item 12), and benchmark school listings (item 11 replacing Annex 15.6.A table item 26). Members posted to Wellington (New Zealand) between 19 June 2023 and commencement and those posted to Laos between the same date and commencement are afforded transitional protections in Schedule 3 (items 5-6). The overseas amendments also affect the member’s ability to claim private vehicle use reimbursement under a specific formula (Schedule 2 item 8).
Members who are deployed or required to live out: The instrument affects members deployed for 6 months or longer in connection with eligibility for certain reimbursements and eligibility for vehicle-related benefits (Schedule 1 items 24, 40). Item 24 narrows the definition of eligible private vehicles/towable items for reimbursement and contains explicit exclusions when vehicles are in storage.
Employees at Government House and other specific roles: Schedule 1 items 53-54 add “a media content officer at Government House” to clothing benefit eligibility and set a specific reimbursement amount ($3,514) for certain roles (aide-de-camp and media content officer at Government House) under paragraph 10.3.3.2.a. The transitional Schedule 3 item 3 preserves clothing benefits for media content officers at Government House for a specified earlier period (between 17 January 2022 and commencement).
Key duties and rights
Member rights created or clarified by the Determination
Entitlement to reimbursement for certain losses when relocating: The amended Part 6.2 now has a clear purpose statement (section 6.2.1, Schedule 1 item 23) that explicitly provides members with reimbursement for financial loss associated with sale of furniture, private vehicles, or other effects when relocated; however, a new exclusion provides that items obtained through a grant are not eligible for reimbursement (section 6.2.1A, Schedule 1 item 23A). Rights to reimbursement thus exist subject to the Determination’s eligibility tests and exclusions.
Re-credit of leave when medical absence is approved: Subsections replacing 5.4.35.1 and 5.5.12.1 set out the right to re-credit recreation leave and long service leave respectively for days where: the member was on recreation/long service leave; illness/injury or hospital admission made them unfit for duty; the member is approved a medical absence; and a medical certificate has been provided (Schedule 1 items 19-20). The Determination therefore confers a conditional right to leave re-credit where medical absence is formalised and documented.
Short absence timing and frequency: The new section 5.11.7 requires that a short absence granted for a Service event or activity be taken “as soon as Service requirements allow” after the event ends and limits the grant to one period per activity or event (Schedule 1 item 21). This sets a duty on members to schedule short absence promptly and imposes a limit on frequency for the same event.
Education-related rights: The CDF must consider a range of factors when deciding whether special circumstances justify reimbursement of tuition and accommodation (subsection 8.4.22.7, Schedule 1 item 47). Overseas remedial tuition sections (15.6.14 and 15.6.28, Schedule 2 items 9-10) confer rights to reimbursement of specified hours of remedial tuition subject to CDF satisfaction and require a written school evaluation that addresses specific elements (the child’s rate of academic progress, reason for remedial tuition, recommended hours). There is also a timing limitation for when remedial tuition must be taken.
Overseas health-travel approvals and class of travel: Section 15.5.16 (Schedule 2 item 3) sets out the initial gate for travel costs to obtain health care at another location, requiring that the CDF be satisfied the care cannot be provided at the posting location or delayed. Sections 15.5.17-15.5.19 (Schedule 2 items 6-8) specify the CDF’s approval role for escorts and children accompanying eligible persons and allocate air travel class rules, with economy class as default and business/first class allowed in specified circumstances. Those are rights contingent on CDF approval and on the CDF’s consideration of prescribed factors.
Penalties and enforcement
The instrument operates as an administrative conditions-of-service Determination; it does not create new criminal offences or civil penalty regimes within the text provided. The amendment text sets entitlement conditions, revises rates, and allocates decision-making powers (notably to the CDF) for approving or refusing reimbursements, travel and tuition benefits. Enforcement therefore is administrative rather than penal.
Administrative enforcement mechanisms implied by the Determination
Decision and refusal: Multiple provisions give the CDF decision-making power to approve or refuse benefits (e.g., CDF satisfaction required for health-travel under 15.5.16, for escorts 15.5.17, for remedial tuition under 15.6.14/15.6.28, Schedule 2 items 3, 6, 9-10). Refusal or approval is an administrative act under the Determination and enforcement of entitlements will occur through the internal Defence administrative process.
Evidence-based rejection: Provisions that require documentary evidence , medical certificates for leave re-credit (Schedule 1 items 19-20) and written school evaluations for remedial tuition (Schedule 2 items 9-10) , allow administrators to refuse re-credit or reimbursement where the prescribed evidence is not supplied or does not meet the statutory content requirements.
Recovery or withholding of payments: The Determination revises rates and eliminates some exceptions and provisions; while the instrument does not itself state recovery mechanisms for overpayments, administrative practice under Defence conditions of service generally includes recuperation of overpaid allowances. The instrument’s new tables and exclusions (e.g., section 6.2.1A excluding grant-obtained items) will be enforced by withholding reimbursement rather than by criminal sanction. The instrument gives no express statutory penalty provisions to impose fines or criminal liability.
Operational enforcement: who applies and enforces decisions
The CDF: The instrument frequently vests approval discretion with the Chief of the Defence Force. That role is the primary decision-maker under sections that require the CDF’s satisfaction. The Determination furnishes the CDF with required factors to consider; administrative refusals should be informed by those lists.
Defence administrative units: Operational enforcement , implementing changed rates, requiring evidence, and processing reimbursements or leave re-credits , will fall to Defence People Group, delegated officers and payroll/benefits administrators. The instrument itself was made by the Acting Assistant Secretary, People Policy and Employment Conditions, indicating the administrative unit responsible for personnel policy changes.
How it interacts with other laws
Primary statutory authority and internal instrument hierarchy
Authority under Defence Act: The instrument is explicitly made under section 58B of the Defence Act 1903 (section 3). That is the legal hook that permits the Defence Determination to operate as a conditions-of-service instrument. The Determination therefore sits within the statutory framework established by the Defence Act.
References to industrial instruments
Defence Enterprise Agreement 2017-2020: Some provisions interact with terms in industrial agreements. For instance, Schedule 1 item 11 (table Item 3 paragraph a.ii) references members “paid ADF district allowance or district allowance under the Defence Enterprise Agreement 2017‑2020 as in force on 16 August 2017,” showing an intersection between conditions of service in the Determination and the cited enterprise agreement. That cross-reference ties eligibility for certain housing benefit figures to a historic industrial agreement rate or entitlement.
Interaction with state and territory public health orders
COVID‑19 travel restrictions: Multiple amendments incorporate COVID‑19-based restrictions “imposed by or under state or territory law” into eligibility criteria for travel to housing benefit locations and family relocations (Schedule 1 items 22, 26, 28-32). These clauses make eligibility for certain Defence reimbursements contingent on the operation of state or territory public health orders, which are distinct legal regimes. Practically, administrators must determine whether a state or territory law imposed a travel requirement during the relevant period to satisfy the Determination’s eligibility condition.
Timing and overlapping internal rules
Internal references to other sections and Annexes: The Determination interacts with its own parts and annexes , for example, calculation of Service residence contributions refers to Part 2 of Annex 7.A (Schedule 1 item 39); the private vehicle reimbursement formula for overseas health care requires reference to the vehicle allowance rate under section 9.6.25 and the post index under section 12.3.14A (Schedule 2 item 8). Implementing the changes requires reading multiple cross-referenced provisions within the Determination to compute entitlements correctly; the Determination therefore functions as an internally linked instrument rather than a self-contained text.
Relationships with Defence Housing Australia and historical property acquisition
Amendment history
Instrument details and commencement
The Determination is titled Defence Determination, Conditions of service Amendment Determination 2023 (No. 9). It was signed by COL Kirk Lloyd, Acting Assistant Secretary, People Policy and Employment Conditions, Defence People Group, and dated 8 September 2023 (instrument title page). Section 2 and the commencement table state that the whole instrument commenced on 14 September 2023 (Schedule 1, commencement table, columns 1-3).
Authority under Defence Act 1903
The instrument is expressly made under section 58B of the Defence Act 1903 (section 3). That statutory provision is cited as the legal authority for making changes to the Defence Determination.
What it amends
The instrument amends Defence Determination 2016/19, Conditions of service. The amendments are arranged in Schedules: Schedule 1 contains domestic amendments, Schedule 2 contains overseas amendments, and Schedule 3 contains transitional provisions that operate with retrospective effect for specified cohorts. Each Schedule item references the specific provision in the parent Determination to be altered, omitted or substituted.
Key categories of amendment
Textual corrections and definitional changes: A number of early Schedule 1 items make minor textual fixes or change cross-reference numbering (e.g., Schedule 1 items 1-2, replacing a typographical error and correcting a cross-reference).
Monetary rates and tables replaced: Schedule 1 items 11-16 replace tables and tweak numeric rates for allowances (subsection 4.4.9.1 table replacement, subsection 4.4.19.2, section 4.4.24, section 4.4.31, subsection 4.4.36.2). These are explicit numerical amendments to entitlements.
Leave and medical absence provisions: Items 17-21 address leave coverage, specifically excluding members on unpaid leave from a Part (5.3.2A) and replacing subsections to clarify medical absence and re-credit conditions (Schedule 1 items 18-20). Item 21 repeals and substitutes 5.11.7 concerning short absences relating to Service events or activities.
Housing and Service residence rules: Several items amend housing benefit terminology (service location to housing benefit location), HPSEA timing (Schedule 1 item 35), Service residence standards (Schedule 1 item 38 introducing section 7.6.12), and contributions for accepting homes (Schedule 1 item 39 amends subsection 7.6.20.2).
Litigation history
The instrument text provided contains no references to judicial decisions, litigation, or precedent. It does not cite any case law nor does it narrate a history of disputes or litigation concerning the parent Defence Determination 2016/19. From the material supplied, there is no direct litigation history to summarise.
Potential litigation vectors implied by the amendments
Administrative law challenges to CDF discretion: The Determination vests discretion in the CDF to approve travel for health care (section 15.5.16), escorts (15.5.17), child accompaniment (15.5.18) and remedial tuition (15.6.14/15.6.28). Where the CDF exercises this discretion, persons aggrieved by an adverse decision could potentially seek judicial review under general administrative law principles if they can establish grounds such as failure to consider mandatory factors, irrationality, or procedural unfairness. The Determination itself prescribes lists of factors the CDF must consider; those lists would be material to the reasonableness and lawfulness of any administrative decision. The instrument text provides the statutory criteria the CDF must take into account; judicial review claims would focus on whether those statutory duties were observed. The instrument, however, does not set out internal appeal routes or remedies in the text provided.
Factual disputes over eligibility and documentary requirements: Several entitlement decisions depend on factual determinations and documentary proofs: whether a travel requirement was imposed by state or territory law relating to COVID‑19 (multiple Schedule 1 items), whether an item was “obtained through a grant” for the purposes of section 6.2.1A (Schedule 1 item 23A), or whether a member’s child’s school evaluation satisfies the content requirements for remedial tuition reimbursement (Schedule 2 items 9-10). These factual issues could give rise to complaints or internal administrative review applications; again, the Determination itself does not prescribe a litigation pathway.
Payroll and overpayment disputes: Replacement of rate tables and numeric amounts (Schedule 1 items 11-16) creates administrative change that could generate disputes about owed amounts, arrears, or overpayments. Such disputes are typically addressed through internal review and, if necessary, external legal remedies. The instrument does not include specific dispute resolution provisions addressing these matters.
Absence of litigation indicators in the instrument
Gotchas
Narrow transitional protections and date-limited entitlements
Limited scope of retroactivity: Schedule 3 provides retrospective treatment only for narrowly defined cohorts and specified dates. For example, reunion travel credits for dual-serving couples posted to seagoing vessels apply only to members who met the listed criteria between 1 July 2023 and commencement (Schedule 3 item 2). Similarly, clothing benefit coverage for media content officers at Government House is preserved only for those who served between 17 January 2022 and commencement (Schedule 3 item 3). Practitioners must not generalise transitional protections beyond the specified textual windows.
Documentary thresholds that can defeat entitlements
Medical certificate requirement: Re-credit of recreation and long service leave requires an approved medical absence and a medical certificate (Schedule 1 items 19-20). Absence of a certificate, or failure to obtain formal approval for a medical absence, will defeat the re-credit right.
Written school evaluation with content requirements: Remedial tuition approvals overseas require a written evaluation from the child’s school that must include the child’s rate of academic progress, reasons remedial tuition is recommended and the recommended number of remedial hours (Schedule 2 items 9-10). A lightly worded or incomplete assessment may not satisfy the statutory requirement and could lead to declined reimbursement.
COVID‑19 dependency and evidentiary proof
Reliance on state or territory law: Multiple clauses make eligibility contingent on a person being “required to fly … as a result of COVID‑19 based restrictions imposed by or under state or territory law” (Schedule 1 items 22, 26, 28-32). Determining whether the requirement arose from such a law will require documentary evidence and legal analysis of the particular state/territory public health order in force at the relevant time. Simple assertions by members will likely be insufficient.
Exclusions that may be overlooked
Items obtained through a grant: Section 6.2.1A expressly excludes reimbursement for loss on items obtained through a grant (Schedule 1 item 23A). Members who received items through grants and later sell them upon relocation will not be eligible for loss reimbursement under the Determination.
Vehicles in storage and deployment thresholds: Eligibility for private vehicle and towable item reimbursement is restricted when the member has put the vehicle in storage (Schedule 1 item 24). Similarly, deployment duration thresholds (6 months or combined periods totalling 6 months) affect eligibility for certain benefits (Schedule 1 item 40). Members who assume storage will preserve entitlement risk losing it.
How to comply
For members
Review your status and dates: Confirm whether you fall within any transitional categories in Schedule 3 (for example, dual-serving couples posted to seagoing vessels between 1 July 2023 and commencement, media content officers at Government House between 17 January 2022 and commencement, or postings to Wellington or Laos between 19 June 2023 and commencement). Transitional rights are time- and condition‑specific; do not assume broader retroactivity.
Produce required documentary evidence promptly: For re-credit of recreation or long service leave, ensure you both obtain formal approval for a medical absence and provide a medical certificate (Schedule 1 items 19-20). For remedial tuition reimbursement, secure a written evaluation from the child’s school that addresses the child’s rate of academic progress, the reason remedial tuition is recommended and the recommended number of hours (Schedule 2 items 9-10). For travel related to COVID‑19 restrictions, retain evidence of the state or territory law or order that required the travel.
Check the status of vehicles and storage: If claiming private vehicle or towable item reimbursements when deployed, verify you did not put the vehicle into storage; Schedule 1 item 24 disqualifies vehicles placed in storage from some reimbursements. Keep receipts for ferry fares, tolls, parking and vehicle storage where permitted (Schedule 2 item 8 and Schedule 1 item 50).
Apply for approvals where CDF satisfaction is required: For overseas travel to obtain health care (section 15.5.16), escorts (15.5.17) and child accompaniment (15.5.18), submit applications that address the statutory factors the CDF must consider: medical requirements, the degree of independent travel, welfare factors, child age and availability of alternative child care arrangements (Schedule 2 items 6-8). Demonstrate the specific reasons why local or delayed treatment is not feasible as required by section 15.5.16 (Schedule 2 item 3).
Keep accurate receipts and official documentation: The Determination requires official receipts for certain reimbursements such as parking fees and road tolls when attending a Court of Inquiry (Schedule 1 item 50) and other travel expenses. Retain originals and submit them with claims.
For administrators and policy officers
Update policy and pay databases immediately: Replace the old tables and rates with the substituted tables shown in the amended subsections (Schedule 1 items 11-16). Confirm that the payroll engine uses the new amounts for location grades A-E and the living-in/living-out distinctions in subsection 4.4.9.1.
Current sections
Direct links to the current provisions in Defence Determination, Conditions of service Amendment Determination 2023 (No. 9).
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1
Defence Determination, Conditions of service Amendment Determination 2023 (No. 9)
Defence Determination, Conditions of service Amendment Determination 2023 (No. 9)
I, COL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 8 September 2023
COL Kirk Lloyd
Acting Assistant Secretary People Policy and Employment Conditions Defence People Group
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Domestic amendments
Defence Determination 2016/19, Conditions of service
Schedule 2—Overseas amendments
Defence Determination 2016/19, Conditions of service
Schedule 3—Transitional provisions
Defence Determination 2016/19, Conditions of service
1 Name
This instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 9).
2 Commencement
1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this Instrument. 14 September 2023
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under section 58B of the Defence Act 1903.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Domestic amendments
Defence Determination 2016/19, Conditions of service
1 Section 1.3.1 (definition of continuous full-time service)
Omit “period of by”, substitute “period of service by”.
A member who meets all of the following.a. They have accompanied resident family.b. They live out.c. Item 3 paragraph a of this table does not apply. A 3,225
B 9,205
C 11,515
D 16,125
E 18,430
Any of the following.a. A member who has accompanied resident family who lives out and at least one of their accompanied resident family meet all of these conditions.i. They are an ADF member or an APS employee in Defence.ii. They are paid ADF district allowance or district allowance under the Defence Enterprise Agreement 2017‑2020 as in force on 16 August 2017.b. A member who meets all of the following.i. They have unaccompanied resident family.ii. They have no accompanied resident family.iii. They live out.c. A member with no resident family who lives out.d. A member of the Reserves who is undertaking Reserve Service and who is required to live out. A 1,615
B 4,605
C 5,760
D 8,065
E 9,215
12
Subsection 4.4.19.2
Repeal the table, substitute:
Item
Column A<br>Condition
Column B<br>Annual rate ($)
1.
The member has at least one of their resident family living at the establishment.
3,225
2.
Any other member.
1,615
13
Section 4.4.24
Omit “$6,870”, substitute “$7,165”.
14
Section 4.4.31
Repeal the table, substitute:
Item
Column A<br>Paragraph
Column B<br>Annual rate ($)
1.
Paragraph 4.4.30.a
15,844
2.
Paragraph 4.4.30.b
8,729
15
Subsection 4.4.36.2
Omit “$8,305”, substitute “$8,729”.
16
Subparagraph 4.11.2.1.a.i
Omit “posting location”, substitute “primary service location”.
17
After section 5.3.2
Insert:
5.3.2A Member this Part does not apply to
This Part does not apply to a member who is on a form of unpaid leave.
18 Subsection 5.3.10.3
Repeal the subsection, substitute:
A member may apply for a medical absence if they become unfit for duty while on a period of recreation leave or long service leave.Note: Sections 5.4.35 and 5.5.12 provide that a member who has been approved a medical absence while on recreation leave or long service leave will be re-credited their leave if specific criteria are met.
19 Subsection 5.4.35.1
Repeal the subsection, substitute:
A member is to be re-credited recreation leave for any day all of the following are met.
a. The member was on a period of recreation leave.
b. One of the following applies.
i. They were unfit for duty due to illness or injury.
ii. They were admitted to hospital.
c. The member is approved a medical absence.
d. A medical certificate has been provided.
20 Subsection 5.5.12.1
Repeal the subsection, substitute:
A member is to be re-credited long service leave for any day all of the following are met.
a. The member was on a period of long service leave.
b. One of the following applies.
i. Illness or injury made the member unfit for duty.
ii. The member was admitted to hospital.
c. The member has been approved a medical absence.
d. A medical certificate has been provided.
21 Section 5.11.7
Repeal the section, substitute:
5.11.7 Short absence relating to Service event or activity
A short absence under this Division granted in relation to a Service event or activity must be taken as soon as Service requirements allow after the event or activity has ended.
Only one period of short absence can be granted for an activity or event.
22 Paragraph 6.1.25.b
Repeal the paragraph, substitute:
b. They, their resident family or other recognised persons are required to fly to their next housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
23 Section 6.2.1
Repeal the section, substitute:
6.2.1 Purpose
This Part provides members with a reimbursement when they experience a financial loss associated with the sale of furniture, private vehicles, or other effects when they are relocated.<br>Note: Furniture and effects is defined in section 6.1A.2.
6.2.1A Loss on items obtained through a grant
A member is not eligible for reimbursement under this Part for a financial loss associated with the sale of an item obtained through a grant.
24 Paragraph 6.2.4.1.b
Repeal the paragraph, substitute:
b. One private vehicle and one towable item owned by a member who meets all of the following conditions.
i. They are a member who has unaccompanied resident family and no accompanied resident family, or a member with no resident family or recognised other persons.
ii. They are deployed for 6 months or longer.
iii. They have made a choice to vacate their accommodation under subsections 7.4.23.2, 7.6.38.2, 7.8.31.2, section 7.7.11, or the CDF has decided that the member must leave the living-in accommodation under subsection 7.4.23.5.
iv. They have not put the vehicle or towable item in storage.Note: Storage includes on a Defence base or in non-commercial storage.
25 Paragraph 6.2.4.1.c
Repeal the paragraph.
26 Paragraph 6.5.8A.1.c
Repeal the paragraph, substitute:
c. Any of the following people are required to fly to the new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
i. The member.
ii. The member’s resident family or recognised other persons moving to the new housing benefit location.
27 Subsection 6.5.10A.1
Omit “meets the”, substitute “meets all of the”.
28 Paragraph 6.5.10A.1.c
Repeal the paragraph, substitute:
c. Any of the following people are required to fly to the new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
i. The member.
ii. The member’s resident family or recognised other persons moving to the new housing benefit location.
29 Paragraph 6.5.48.1.e
Repeal the paragraph, substitute:
e. They are a trainee and cease continuous full-time service at their own request and all of the following apply.
i. They are required to fly to the location they have chosen to be removed to as a result of COVID-19 based restrictions imposed by or under state or territory law.
ii. The travel occurs during the COVID-19 pandemic.
30 Paragraph 6.5A.8.2.b
Repeal the paragraph, substitute:
b. The member, their resident family or other recognised persons are required to fly to the new housing benefit location or family benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
31 Paragraph 6.5A.10.f
Repeal the paragraph, substitute:
f. The member, their resident family or recognised other persons are required to fly to the new housing benefit location or family benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
32 Paragraph 6.5A.17.1.b
Repeal the paragraph, substitute:
b. They are required to fly to their new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
33 Section 7.1.14 (definition of resident child carer)
Repeal the definition, substitute:
Resident child carer means a person who meets all of the following.
a. They are not resident family or a recognised other person of a member under this Determination.
b. They are living with a member’s resident family for the purpose of providing child care for the member’s children who are recognised as resident family.
34 After paragraph 7.2.12.1.f
Insert:
g. The member has unaccompanied resident family and the home is in their housing benefit location.
35 Subsection 7.3.23.2
Repeal the subsection, substitute:
If a member who is posted to any of the following, the 2‑year period specified in subsection 1 begins on the day the official notice of their next posting is issued.
a. An overseas posting location, whether accompanied or not.Note: An overseas deployment is not a posting for the purpose of this paragraph.
b. A location where the member is required to occupy a Service residence or occupy living-in accommodation.
c. An adjacent housing benefit location that includes the member's home.
d. A specified location under section 7.3.28 where an eligible person could not reasonably be expected to purchase a home.Note: A member may still purchase a home at a specified location if they wish, however the following should be noted. a. The purchase will not qualify for HPSEA. b. The continuity of the sale-purchase cycle will not be affected.
36 Before subsection 7.5.27.1
Insert:
1A. This section does not apply to a person who is granted accommodation under section 7.5.7.
37 Paragraph 7.6.1.c
Omit “residence”, substitute “Service residence”.
38 Section 7.6.12
Repeal the section, substitute:
7.6.12 Standard of service residence
The minimum standard for a Service residence includes all of the following amenities.
a. 3 bedrooms.
b. Lounge.
c. Dining area.
d. Kitchen.
e. Laundry.
f. Bathroom.
g. Toilet.
h. Ensuite bathroom.
i. One of the following.
i. If the Service residences is in Darwin — a carport.
ii. In all other places — a single lock-up garage.
j. Storage.
k. Security features, other than back-to-base security systems.
l. Covered outdoor entertaining area.
m. A yard that has a minimum size that meets one of the following.
i. In the Greater Sydney area — 25 square metres.
ii. All other locations — 35 square metres.
The following paragraphs do not apply to residences acquired by Defence Housing Australia before 1 July 2007.
a. Paragraph 1.l.
b. Paragraph 1.m.
39 Subsection 7.6.20.2
Repeal the subsection, substitute:
If the member accepts the offer of a home under this section, they must pay the following contribution.
a. If any of the following apply — the rate that applies to them under Part 2 of Annex 7.A.
i. If the member is not on a flexible service determination.
ii. The member’s pattern of service over each 4‑week period is 2 weeks working and 2 weeks not working.
iii. The member’s pattern of service over each 4‑week period is 3 weeks working and 1 week not working.
b. If the member is on a flexible service determination and their pattern of service over each 4‑week period is 1 week working, 3 weeks not working — 150% of the rate that applies to them under Part 2 of Annex 7.A.
40 Paragraph 7.6.38.1.c
Repeal the paragraph, substitute:
c. The member is deployed for 6 months or longer or meets all of the following.
i. They are deployed for a period of less than 6 months.
ii. While on deployment, their deployment is extended.
iii. The combined total period of deployment is 6 months or longer.
41 Subsection 7.9.6.4 (note)
Omit “or pay”, substitute “to pay”.
42 Paragraph 7.9.7.2.b
Repeal the paragraph, substitute:
b. A period the member is eligible for travelling allowance other than part-day travel allowance.
Omit “Members and their resident families”, substitute “Assistance for recognised family”.
45 After section 8.4.4
Insert:
8.4.5 Definitions
In this Part, the following apply.
Compulsory tuition fees means compulsory amounts levied by a child’s school for educating the child, including compulsory sports levies.Note: Boarding fees are not included.
46 Section 8.4.21 (heading)
Omit “Rates of reimbursement”, substitute “Reimbursement of tuition and accommodation”.
47 Subsection 8.4.22.7
Repeal the subsection, substitute:
For the purpose of deciding whether there are special circumstances in subsection 6, the CDF must consider all of the following.
a. If there is any family support available to the child in the location where the child will attend school.
b. The child's age, school history, educational needs, family circumstances and general welfare.
c. Staff advice from schools and educational institutions in the former and gaining locations.
d. The circumstances of the member's posting and the likely location of future postings.
e. Any other assistance available from Defence Member and Family Support to support resident family who has special needs.
f. Any other disabilities of the child.
g. Where it is in the interest of Defence.
h. Any other factor relevant to the child's educational progress.
48 After section 8.5.1
Insert:
8.5.2 Definitions
Emergency situation means an event meets any of the following.
a. It is unforeseen.
b. It is sudden.
c. It exceeds the coping mechanisms of the member’s resident family.
An emergency situation is not an event that occurs due to a member’s ordinary work situation.
49 Subsection 8.6.6.3
Repeal the subsection, substitute:
In this section the following apply.
a. Care or therapy services means any of the following.
i. Respite care.
ii. Personal care.
iii. Therapy services.
iv. An Early Intervention Program.
b. Early Intervention Program means a program run by a government organisation, accredited non-government organisation or accredited private provider that provides assistance to promote the development of preschool aged children with special needs.
50 Subsection 8.7.6.3
Repeal the subsection, substitute:
If a person is eligible for vehicle allowance, they are eligible to be reimbursed any of the following which are incurred for the purpose of attending a Court of Inquiry if an official receipt for the expense is provided.
a. Parking fees.Note: To avoid doubt, parking fees does not include parking or traffic fines.
b. Road tolls.
51 Paragraph 8.10.2.a
Omit “Either of the following categories of member.”, substitute “A member who is not on continuous full-time service and meets one of the following.”.
52 Section 9.4.4A
Omit “travel must not exceed 7 in the same 12-month period under subsection 9.3.30.1”, substitute “types of travel must not exceed 7 in the same 12-month period”.
53 After subparagraph 10.3.2.1.a.iii
Insert:
iv. A media content officer at Government House.
54 Paragraph 10.3.3.2.a
Repeal the paragraph, substitute:
a. If the member meets any of the following — $3,514.
i. They are an aide-de-camp to the Governor-General or an overseas visiting dignitary.
ii. They are a media content officer at Government House.
55 Paragraph 11.3.4.4.b
Repeal the paragraph, substitute:
b. Legal advice obtained from a legal practitioner, not including costs for obtaining legal advice relating to a dispute.Note: Legal advice does not include legal or court costs.
56 Paragraph 11.4.7.b
After “overseas funeral”, insert “under Chapter 12 Part 7”.
57 Amendments of listed provisions—repeals
Repeal the following provisions.
a. Section 5.11.6.
b. Chapter 8 Part 1.
c. Section 9.3.30.
58 Amendments of listed provisions—exceptions
Repeal the exceptions in the following provisions.
a. Subsection 6.2.4.1.
b. Subsection 7.5.27.1.
c. Paragraph 8.10.2.a.
Schedule 2—Overseas amendments
Defence Determination 2016/19, Conditions of service
1 Paragraph 14.6.21.4.b
Omit “An amount”, substitute “The amount”.
2 Section 15.5.15
a. Omit “help”, substitute “assist”.
b. After “travel”, insert “to another location”.
3 Subsection 15.5.16.1
Repeal the subsection, substitute:
Subject to subsection 2, an eligible person is eligible for travel costs to obtain health care at a location other than the posting location if the CDF is satisfied of any of the following.
a. The health care required cannot be provided at the posting location.
b. The health care required cannot be delayed until the eligible person is away from the posting location for recreation or other purposes.
4 Subsection 15.5.16.2
Omit “The CDF must consider all these criteria”, substitute “In deciding whether to approve the travel under subsection 1, the CDF must consider all of the following”.
5 Subsection 15.5.16.3
a. Omit “Travel expenses will not be approved for”, substitute “For the purpose of subsection 1, health care does not include”.
b. Omit “(ARS)”.
6 Section 15.5.17
Repeal the section, substitute:
15.5.17 Escort to accompany eligible person
If section 15.5.16 applies, an eligible person is eligible for travel costs for an escort to accompany them if the CDF approves after considering all of the following.
a. The eligible person’s medical requirements.
b. The degree to which the eligible person could travel independently.
c. Any other factor relevant to the eligible person's welfare during the travel.
In this section, escort means one of the following persons who is over 18 years old.
a. The member.
b. Family of the member or the eligible person.
c. An adult at the posting location chosen by the eligible person.
7 Section 15.5.18
Repeal the section, substitute:
15.5.18 Child to accompany eligible person
If section 15.5.16 applies, an eligible person is eligible for travel costs for their child to accompany them if the CDF approves after considering all of the following.
a. The child's age.
b. The availability of alternative child care arrangements practical in the circumstances.
c. The circumstances in which the person is to travel.
8 Section 15.5.19
Repeal the section, substitute:
15.5.19 Commercial air travel for health care
Air travel under this Division is by one of the following classes.
a. Economy class.
b. If one of the following applies – business class (if not available, then first class).
i. A doctor certifies that the eligible person is pregnant at the time of travel.
ii. For any other eligible person — the CDF is satisfied that the higher class is reasonable in the circumstances subject to subsection 2.
Note: Travel for a person under section 15.5.17 or 15.5.18 who accompanies the eligible person will be of the same class.
For the purpose of subparagraph 1.b.ii, the CDF must consider all of the following.
a. The eligible person’s medical requirements.
b. The nature of the aircraft seating required during the travel.
c. Any other factor relevant to the travel.
A person who travels by air is not eligible for any of the following.
a. Excess baggage – unless subparagraph 1.b.i applies, then the eligible person is eligible for up to 15 kilograms of excess baggage on their return to the posting location following childbirth.
b. Any of the following costs incurred at the posting location or at the location the health care is obtained.
i. Transportation fares.
ii. Car hire fees.
iii. Parking charges.
15.5.19A Private vehicle use for health care
An eligible person who has been approved travel costs under section 15.5.16 is eligible for reimbursement of an amount for each kilometre of a journey travelled using private vehicle if all of the following apply.
a. Private vehicle is the most efficient and economical means of travel for the journey.
b. Travelling by private vehicle is appropriate having regard to the eligible person’s medical requirements.
For the purpose of subsection 1, the amount is calculated using the following formula:
Start formula reimbursable amount per km (in local currency)) equals A times B times open bracket start fraction C over 100 close bracket end formula
Where:
A is the rate of vehicle allowance under section 9.6.25 that applies to the posting location at the time of the approved travel.
B is the exchange rate used to pay members’ salary for the pay period.
C is the post index under section 12.3.14A used to calculate overseas allowances for the pay period.
If subsection 1 applies, the eligible person is eligible for reimbursement of the actual costs of any of the following.
a. Vehicle ferry fares.
b. Toll fees.
c. Parking or vehicle storage charges.
9 Section 15.6.14
Repeal the section, substitute:
15.6.14 Remedial tuition
A member is eligible to be reimbursed the cost of up to 50 hours of remedial tuition if the CDF is satisfied of all of the following.
a. There has been a decline in the child’s academic performance as result of the member’s overseas posting.
b. A written evaluation has been provided by the child’s school which includes all of the following.
i. The child’s rate of academic progress at the school.
ii. The reason remedial tuition is recommended.
iii. The recommended number of remedial tuition hours.
c. Whether the child’s academic performance will reasonably improve if remedial tuition is provided.
d. Any other factors relevant to the child's academic performance.
e. Whether the cost is reasonable having regard to the cost of similar tuition in Australia.
The member is eligible to be reimbursed the cost of up to a further 150 hours of remedial tuition for the same child in addition to the initial remedial tuition hours provided under subsection 1 if the CDF is satisfied it is reasonable.
Remedial tuition approved by the CDF under this section must be taken within 12 months from the date of the child’s commencement at an overseas school.
Note: Language and communication tuition are not reimbursable under this section. A member may be eligible for language and communication tuition under section 15.6.13.
10 Section 15.6.28
Repeal the section, substitute:
15.6.28 Remedial tuition
A member is eligible to be reimbursed the cost of up to 50 hours of remedial tuition if the CDF is satisfied of all of the following.
a. There has been a decline in the child’s academic performance as a result of the member’s overseas posting.
b. A written evaluation has been provided by the child’s school which includes all of the following.
i. The child’s rate of academic progress at the school.
ii. The reason remedial tuition is recommended.
iii. The recommended number of remedial tuition hours.
c. Whether the child’s academic performance will reasonably improve if remedial tuition is provided.
d. Any other factors relevant to the child's academic performance.
The member is eligible to be reimbursed the cost of up to a further 150 hours of remedial tuition for the same child in addition to the initial remedial tuition hours provided under subsection 1 if the CDF is satisfied it is reasonable.
Remedial tuition approved by the CDF under this section must be taken within the later of the following dates.
a. 12 months from the date the member’s child commences at the new school in Australia.
b. 12 months from the date the member commences their overseas posting.
The amount of reimbursement under this section is calculated using the following formula.
Start formula reimbursable amount equals A minus B end formula
Where:
A is the amount the member paid for remedial tuition.
B is the amount the member would have paid for remedial tuition if the member was in Australia.
11 Annex 15.6.A (table item 26)
Repeal the item, substitute:
New Zealand
Wellington Any government school Scots College Scots College
other Any government school Any government school Any government school
12
Subsection 15.8.2.2 (after table item 12)
Insert:
12A.
Laos
Fitness World Phonxay
13 Paragraph 16.4.13.1.b
Omit “16.4.3”, substitute “16.4.5”.
14 Amendments of listed provisions—repeals
Repeal the following provisions.
a. Subsection 12.5.3.5.
b. Section 12.5.3A.
c. Part 4 of Chapter 14A.
d. Section 15.6.15A.
e. Subsection 16.2A.5.1A.
f. Section 16.4.14.
Schedule 3—Transitional provisions
Defence Determination 2016/19, Conditions of service
1 Definitions
In this Schedule, Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.
2 Reunion travel for dual serving couples posted to sea going vessels
This clause applies to a member who met all of the following between 1 July 2023 and the commencement of this Determination.
a. They were posted to a seagoing ship, seagoing submarine or seagoing flight.
b. They had accompanied resident family.
c. Their accompanied resident family was also a member.
The member is eligible for the reunion travel credits under Division 4 of Part 3 of Chapter 9 of the Defence Determination as though the changes made by item 57.c of Schedule 1 of this Determination has been in force at the time.
3 Clothing Benefit
This clause applies to a member who was a media content officer at Government House between 17 January 2022 and the commencement of this Determination.
The member is eligible for the reimbursement they would have been eligible to receive under section 10.3.3 of the Defence Determination had the changes made by items 53 and 54 of Schedule 1 of this Determination been in force at the time.
4 Pre-approved remedial tuition
This clause applies to a member who was approved a remedial tuition benefit for their child under sections 15.6.14 or 15.6.28 of the Defence Determination before the commencement of this Determination.
Despite the changes made by items 9 and 10 of Schedule 2 of this Determination, the member remains eligible for the remedial tuition benefit for their child that was approved.
5 Benchmark schools
This clause applies to a member who meets all of the following.
a. The member was posted to Wellington, New Zealand between 19 June 2023 and the commencement of this Determination.
b. The member had a child attending one of the following at the posting location.
i. Primary school.
ii. Secondary school.
c. The member paid compulsory tuition fees for the child to attend the school under paragraph b.
The member is eligible for the reimbursement of education costs provided by Division 2 of Part 6 to Chapter 15 of the Defence Determination as though the changes made by item 11 of Schedule 2 of this Determination had been in force between 19 June 2023 and the commencement of this Determination.
6 Approved club
This clause applies to a member who was posted to Laos between 19 June 2023 and the commencement of this Determination.
The member is eligible for the cost of the club membership they would have been eligible for under sections 15.8.4 and 15.8.5 of the Defence Determination as though the changes made by item 12 of Schedule 2 of this Determination had been in force between 19 June 2023 and the commencement of this Determination.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Defence Determination, Conditions of service Amendment Determination 2023 (No. 9)
I, COL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 8 September 2023
COL Kirk Lloyd
Acting Assistant Secretary People Policy and Employment Conditions Defence People Group
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Domestic amendments
Defence Determination 2016/19, Conditions of service
Schedule 2—Overseas amendments
Defence Determination 2016/19, Conditions of service
Schedule 3—Transitional provisions
Defence Determination 2016/19, Conditions of service
1 Name
This instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 9).
2 Commencement
1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this Instrument. 14 September 2023
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under section 58B of the Defence Act 1903.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Domestic amendments
Defence Determination 2016/19, Conditions of service
1 Section 1.3.1 (definition of continuous full-time service)
Omit “period of by”, substitute “period of service by”.
A member who meets all of the following.a. They have accompanied resident family.b. They live out.c. Item 3 paragraph a of this table does not apply. A 3,225
B 9,205
C 11,515
D 16,125
E 18,430
Any of the following.a. A member who has accompanied resident family who lives out and at least one of their accompanied resident family meet all of these conditions.i. They are an ADF member or an APS employee in Defence.ii. They are paid ADF district allowance or district allowance under the Defence Enterprise Agreement 2017‑2020 as in force on 16 August 2017.b. A member who meets all of the following.i. They have unaccompanied resident family.ii. They have no accompanied resident family.iii. They live out.c. A member with no resident family who lives out.d. A member of the Reserves who is undertaking Reserve Service and who is required to live out. A 1,615
B 4,605
C 5,760
D 8,065
E 9,215
12
Subsection 4.4.19.2
Repeal the table, substitute:
Item
Column A<br>Condition
Column B<br>Annual rate ($)
1.
The member has at least one of their resident family living at the establishment.
3,225
2.
Any other member.
1,615
13
Section 4.4.24
Omit “$6,870”, substitute “$7,165”.
14
Section 4.4.31
Repeal the table, substitute:
Item
Column A<br>Paragraph
Column B<br>Annual rate ($)
1.
Paragraph 4.4.30.a
15,844
2.
Paragraph 4.4.30.b
8,729
15
Subsection 4.4.36.2
Omit “$8,305”, substitute “$8,729”.
16
Subparagraph 4.11.2.1.a.i
Omit “posting location”, substitute “primary service location”.
17
After section 5.3.2
Insert:
5.3.2A Member this Part does not apply to
This Part does not apply to a member who is on a form of unpaid leave.
18 Subsection 5.3.10.3
Repeal the subsection, substitute:
A member may apply for a medical absence if they become unfit for duty while on a period of recreation leave or long service leave.Note: Sections 5.4.35 and 5.5.12 provide that a member who has been approved a medical absence while on recreation leave or long service leave will be re-credited their leave if specific criteria are met.
19 Subsection 5.4.35.1
Repeal the subsection, substitute:
A member is to be re-credited recreation leave for any day all of the following are met.
a. The member was on a period of recreation leave.
b. One of the following applies.
i. They were unfit for duty due to illness or injury.
ii. They were admitted to hospital.
c. The member is approved a medical absence.
d. A medical certificate has been provided.
20 Subsection 5.5.12.1
Repeal the subsection, substitute:
A member is to be re-credited long service leave for any day all of the following are met.
a. The member was on a period of long service leave.
b. One of the following applies.
i. Illness or injury made the member unfit for duty.
ii. The member was admitted to hospital.
c. The member has been approved a medical absence.
d. A medical certificate has been provided.
21 Section 5.11.7
Repeal the section, substitute:
5.11.7 Short absence relating to Service event or activity
A short absence under this Division granted in relation to a Service event or activity must be taken as soon as Service requirements allow after the event or activity has ended.
Only one period of short absence can be granted for an activity or event.
22 Paragraph 6.1.25.b
Repeal the paragraph, substitute:
b. They, their resident family or other recognised persons are required to fly to their next housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
23 Section 6.2.1
Repeal the section, substitute:
6.2.1 Purpose
This Part provides members with a reimbursement when they experience a financial loss associated with the sale of furniture, private vehicles, or other effects when they are relocated.<br>Note: Furniture and effects is defined in section 6.1A.2.
6.2.1A Loss on items obtained through a grant
A member is not eligible for reimbursement under this Part for a financial loss associated with the sale of an item obtained through a grant.
24 Paragraph 6.2.4.1.b
Repeal the paragraph, substitute:
b. One private vehicle and one towable item owned by a member who meets all of the following conditions.
i. They are a member who has unaccompanied resident family and no accompanied resident family, or a member with no resident family or recognised other persons.
ii. They are deployed for 6 months or longer.
iii. They have made a choice to vacate their accommodation under subsections 7.4.23.2, 7.6.38.2, 7.8.31.2, section 7.7.11, or the CDF has decided that the member must leave the living-in accommodation under subsection 7.4.23.5.
iv. They have not put the vehicle or towable item in storage.Note: Storage includes on a Defence base or in non-commercial storage.
25 Paragraph 6.2.4.1.c
Repeal the paragraph.
26 Paragraph 6.5.8A.1.c
Repeal the paragraph, substitute:
c. Any of the following people are required to fly to the new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
i. The member.
ii. The member’s resident family or recognised other persons moving to the new housing benefit location.
27 Subsection 6.5.10A.1
Omit “meets the”, substitute “meets all of the”.
28 Paragraph 6.5.10A.1.c
Repeal the paragraph, substitute:
c. Any of the following people are required to fly to the new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
i. The member.
ii. The member’s resident family or recognised other persons moving to the new housing benefit location.
29 Paragraph 6.5.48.1.e
Repeal the paragraph, substitute:
e. They are a trainee and cease continuous full-time service at their own request and all of the following apply.
i. They are required to fly to the location they have chosen to be removed to as a result of COVID-19 based restrictions imposed by or under state or territory law.
ii. The travel occurs during the COVID-19 pandemic.
30 Paragraph 6.5A.8.2.b
Repeal the paragraph, substitute:
b. The member, their resident family or other recognised persons are required to fly to the new housing benefit location or family benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
31 Paragraph 6.5A.10.f
Repeal the paragraph, substitute:
f. The member, their resident family or recognised other persons are required to fly to the new housing benefit location or family benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
7.6.12 Standard of service residence
The minimum standard for a Service residence includes all of the following amenities.
a. 3 bedrooms.
b. Lounge.
c. Dining area.
d. Kitchen.
e. Laundry.
f. Bathroom.
g. Toilet.
h. Ensuite bathroom.
i. One of the following.
i. If the Service residences is in Darwin — a carport.
ii. In all other places — a single lock-up garage.
j. Storage.
k. Security features, other than back-to-base security systems.
l. Covered outdoor entertaining area.
m. A yard that has a minimum size that meets one of the following.
i. In the Greater Sydney area — 25 square metres.
ii. All other locations — 35 square metres.
The following paragraphs do not apply to residences acquired by Defence Housing Australia before 1 July 2007.
a. Paragraph 1.l.
b. Paragraph 1.m.
39 Subsection 7.6.20.2
Repeal the subsection, substitute:
If the member accepts the offer of a home under this section, they must pay the following contribution.
a. If any of the following apply — the rate that applies to them under Part 2 of Annex 7.A.
i. If the member is not on a flexible service determination.
ii. The member’s pattern of service over each 4‑week period is 2 weeks working and 2 weeks not working.
iii. The member’s pattern of service over each 4‑week period is 3 weeks working and 1 week not working.
b. If the member is on a flexible service determination and their pattern of service over each 4‑week period is 1 week working, 3 weeks not working — 150% of the rate that applies to them under Part 2 of Annex 7.A.
40 Paragraph 7.6.38.1.c
Repeal the paragraph, substitute:
c. The member is deployed for 6 months or longer or meets all of the following.
i. They are deployed for a period of less than 6 months.
ii. While on deployment, their deployment is extended.
iii. The combined total period of deployment is 6 months or longer.
41 Subsection 7.9.6.4 (note)
Omit “or pay”, substitute “to pay”.
42 Paragraph 7.9.7.2.b
Repeal the paragraph, substitute:
b. A period the member is eligible for travelling allowance other than part-day travel allowance.
Compulsory tuition fees means compulsory amounts levied by a child’s school for educating the child, including compulsory sports levies.Note: Boarding fees are not included.
46 Section 8.4.21 (heading)
Omit “Rates of reimbursement”, substitute “Reimbursement of tuition and accommodation”.
47 Subsection 8.4.22.7
Repeal the subsection, substitute:
For the purpose of deciding whether there are special circumstances in subsection 6, the CDF must consider all of the following.
a. If there is any family support available to the child in the location where the child will attend school.
b. The child's age, school history, educational needs, family circumstances and general welfare.
c. Staff advice from schools and educational institutions in the former and gaining locations.
d. The circumstances of the member's posting and the likely location of future postings.
e. Any other assistance available from Defence Member and Family Support to support resident family who has special needs.
f. Any other disabilities of the child.
g. Where it is in the interest of Defence.
h. Any other factor relevant to the child's educational progress.
48 After section 8.5.1
Insert:
8.5.2 Definitions
Emergency situation means an event meets any of the following.
a. It is unforeseen.
b. It is s
This is an opening excerpt, not the complete document.
Service residence standards: The instrument sets a minimum Service residence standard in a new section 7.6.12 (Schedule 1 item 38). The standard lists mandatory amenities (three bedrooms, lounge, dining, kitchen, laundry, bathroom, toilet, ensuite, garage/carport depending on location, storage, certain security features, covered outdoor entertaining area and a yard with specified minimum sizes dependent on Greater Sydney area or elsewhere). It also exempts residences acquired by Defence Housing Australia before 1 July 2007 from some new provisions.
Overseas health, travel and education: Schedule 2 replaces and clarifies sections governing travel to obtain health care overseas (Schedule 2 items 3-9). It clarifies that the CDF must be satisfied of particular conditions before approving travel for health care and sets out the CDF’s consideration factors for escort and child-accompany approvals. It also prescribes air-travel classes and limits on excess baggage, and inserts a private-vehicle reimbursement formula that uses internal rates and indices (Schedule 2 item 8, section 15.5.19A). Remedial tuition provisions are updated for overseas and Australia return situations, including required documentation (written evaluation by the child’s school describing rate of progress and recommended hours) and limits on hours and timing for taking approved remedial tuition (Schedule 2 items 9-10, sections 15.6.14 and 15.6.28).
Decision-makers and discretion: The instrument repeatedly places decision-making authority with the CDF for approvals (e.g., sections 15.5.17-15.5.19 and 15.6.14/15.6.28). Where the instrument uses the CDF’s satisfied standard, the CDF is required to consider enumerated factors; those lists of factors are part of the legal test for approval. Administrative officers in Defence People Group made the Determination; the instrument was signed by the Acting Assistant Secretary People Policy and Employment Conditions (instrument title page).
Transitional treatment: Schedule 3 contains narrowly framed transitional provisions which treat specified persons as if certain amended provisions had applied earlier. These include reunion travel credits for dual-serving couples posted to seagoing vessels (Schedule 3 item 2), clothing benefit eligibility for media content officers at Government House for a defined prior period (Schedule 3 item 3), preservation of remedial tuition approvals granted before commencement (Schedule 3 item 4), and specified reimbursements for members posted to Wellington or Laos in specific date windows (Schedule 3 items 5-6).
Members on unpaid leave: The new subsection 5.3.2A excludes members on forms of unpaid leave from the application of the relevant Part (Schedule 1 item 17). Practically, members on unpaid leave will no longer be covered by the Part inserted by that change.
Members affected by COVID‑19 restrictions: Several amendments incorporate COVID‑19-based travel restrictions imposed under state or territory law into eligibility for travel and housing benefits (Schedule 1 items 22, 26, 28-32). Members, resident family and recognised others who were required to fly as a result of such restrictions are specifically addressed.
Those who made application or who had pre-approval of benefits before commencement: Schedule 3 preserves pre‑approved remedial tuition approvals (item 4) and provides specified retrospective entitlements for narrow cohorts (items 2, 3, 5, 6). Administrators must handle these transitional claims.
Who decides and who pays: Decision-making authority for approvals under many amended sections is vested in the CDF (Schedule 1 item 47; Schedule 2 items 6-10). The Determination imposes obligations on Defence to reimburse members for specified expenses when conditions are met; the financial outlays will be met by Defence’s administrative funds as part of conditions of service (implicit in the Determination’s structure and tables of rates such as the amended subsection 4.4.9.1, Schedule 1 item 11).
Administrators and payroll staff: The amendments change rates and tables that payroll and benefits administrators must implement, and require new forms of evidence (medical certificates, written school evaluations, receipts). Defence People Group and its delegated officers (the instrument was made by the Acting Assistant Secretary People Policy and Employment Conditions) will need to operationalise the changes.
Member duties and documentary obligations
Medical certificate requirement: For re-crediting leave the member must be approved for a medical absence and provide a medical certificate (Schedule 1 items 19-20). This is a documentary duty on the member to substantiate incapacity.
Evidence for remedial tuition claims: The member must supply a written school evaluation meeting enumerated requirements for remedial tuition reimbursement (Schedule 2 item 9 and item 10).
Receipts and proof for travel and parking reimbursements: The amended vehicle and court-of-inquiry reimbursement provisions indicate that official receipts are required, for example parking fees and tolls may be reimbursed if the member is eligible for vehicle allowance and provides official receipts (Schedule 1 item 50).
Conditions tied to vehicle storage and deployment: The member seeking vehicle/towable item reimbursement must not have put the vehicle into storage if specific conditions apply (Schedule 1 item 24). Deployment duration thresholds also affect eligibility for some benefits (Schedule 1 item 40). These are factual conditions members must observe or avoid to preserve entitlement.
Decision-maker duties and standards
CDF’s standard of satisfaction and required considerations: Where the Determination requires CDF approval, it also lists factors the CDF “must consider” (e.g., the CDF must consider enumerated items for special educational circumstances in subsection 8.4.22.7, Schedule 1 item 47; the CDF must consider medical requirements, level of independence and welfare factors for escorts in section 15.5.17, Schedule 2 item 6). These are legal duties on the decision-maker to apply the specified criteria in reaching a decision.
Calculation and indexing duties for overseas vehicle reimbursement: The private vehicle reimbursement formula (section 15.5.19A, Schedule 2 item 8) requires use of internal rates (vehicle allowance under section 9.6.25), exchange rates used to pay members’ salary, and a post index under section 12.3.14A. This places administrative calculation duties on pay/benefits officers.
Limits and exclusions
Grant-obtained items excluded from loss reimbursement: Section 6.2.1A makes ineligible for reimbursement items obtained through a grant (Schedule 1 item 23A).
Members on unpaid leave excluded from certain Parts: The new subsection 5.3.2A excludes members on a form of unpaid leave from the application of the Part it was inserted into (Schedule 1 item 17).
One short absence per event: Only one period of short absence may be granted in relation to a Service event or activity (Schedule 1 item 21).
Specific repeals and removal of exceptions: The instrument repeals certain provisions and exceptions (Schedule 1 item 57-58; Schedule 2 item 14). Those repeals remove previously extant entitlements or carve-outs, which changes rights and duties that previously applied.
Administrative rights and obligations
Transitional claims: Schedule 3 confers limited retrospective rights to specific members who met narrowly defined criteria during defined date ranges (e.g., dual-serving couples posted to seagoing vessels between 1 July 2023 and commencement, media content officers at Government House between 17 January 2022 and commencement, members posted to Wellington or Laos between 19 June 2023 and commencement). Administrators have a duty to process those transitional claims in accordance with the terms of Schedule 3.
In sum, the Determination creates and modifies a complex set of member entitlements and administrative duties: members have conditional rights to reimbursements, re-crediting of leave, and travel allowances but must meet documentary and factual thresholds; the CDF holds significant approval discretion subject to mandated consideration lists; and administrators have calculation and evidentiary duties to implement the changed rates and eligibility rules.
Potential compliance consequences for members
Loss of entitlement where documentary or eligibility conditions not met: For example, absence of a medical certificate or lack of CDF approval can result in denial of leave re-credit or travel reimbursement. Vehicles placed in storage where eligibility requires a vehicle not to be in storage will disqualify claims (Schedule 1 item 24).
Limits and one-time grants: Amendments that limit short absence to one period per event (Schedule 1 item 21) effectively enforce frequency limits administratively; members exceeding that will have claims refused.
Gaps and silence in the Determination regarding remedies
No express internal review or appeal pathway is set out in the text provided. The instrument does not itself create an internal appeal process for a refused reimbursement or refused CDF approval; practitioners must therefore look to Defence’s broader administrative and employment frameworks, and to the Defence Act 1903 and its mechanisms, for review rights. The Determination’s silence on appeal mechanisms means that the primary remedies are administrative review processes internal to Defence, and, where invoked, external merits review or judicial review under general administrative law principles, though those routes are not addressed in the instrument.
In summary, enforcement of the amended conditions of service is administrative: compliance requires members to meet documentary and eligibility thresholds and to submit to CDF discretion where approval is required. The Determination does not establish offences or express penalties; denial of entitlement or administrative correction (including withholding or adjustment of benefits) are the operative enforcement mechanisms implied by the text.
Exemption for DHA-acquired residences: The new standard for Service residences (section 7.6.12, Schedule 1 item 38) includes an express non-application to residences acquired by Defence Housing Australia (DHA) before 1 July 2007. This creates a direct interaction with property and acquisition histories held by DHA and means pre-2007 DHA dwellings are treated differently under the Determination.
Administrative law and decision-making
CDF’s discretionary role and administrative law principles: Although the Determination vests discretion in the CDF and prescribes lists of factors the CDF “must consider” in some decisions, the instrument itself does not elaborate statutory review mechanisms. Decisions made in exercise of CDF discretion will therefore be subject to ordinary public law principles where judicial review is engaged, and to Defence internal review procedures where available. The Determination’s specified lists of required considerations will be material to the lawfulness of administrative decisions made under the Determination. The instrument itself does not displace external administrative law remedies; it operates subject to the broader law.
Potential tension with external entitlements and grant regimes
Exclusion of grant-obtained items from loss reimbursement: Section 6.2.1A expressly excludes reimbursement for loss on items obtained through a grant. This creates an interaction with grant-administering frameworks (for example scholarship, grant or assistance schemes external to the Determination) by making items obtained via grant a non‑reimbursable category. Administrators will need to determine whether an item was obtained through a grant in the sense intended by the Determination.
Overlap with employment and industrial entitlements
Interaction with leave and workplace entitlements: The Determination modifies leave re-crediting rules where a medical absence is approved. The Determination does not purport to override industrial instruments or fair work entitlements, but these changes operate within the Defence employment and conditions-of-service regime. Where industrial instruments or employment contracts overlap with Determination provisions (for example in relation to continuous full-time service or leave entitlements), the specific effect will depend on statutory and contractual hierarchies not addressed in the instrument text itself.
In sum, the Determination’s amendments operate within a network of internal cross-references, the Defence Act’s authority, industrial agreements, state and territory public health laws (for COVID-19 travel contingencies), DHA acquisition histories and grant regimes. Implementation therefore requires administrators to coordinate across defence policy, payroll/allowance indices, and external legal regimes, notably public health orders and enterprise agreement provisions.
COVID‑19-specific amendments: Multiple items integrate COVID‑19 travel restrictions into eligibility criteria for flights to housing and family benefit locations (Schedule 1 items 22, 26, 28-32).
Overseas health-care and education: Schedule 2 amends overseas-specific sections, replacing travel-for-health-care rules (15.5.16), adding escort and child-accompany provisions (15.5.17-15.5.18), setting class of commercial air travel for health care (15.5.19), inserting a private vehicle reimbursement formula (15.5.19A), and revising remedial tuition rules (15.6.14 and 15.6.28).
Repeals and exceptions removed: The instrument expressly repeals specified provisions and exceptions (Schedule 1 item 57 lists sections repealed, 58 repeals exceptions in listed provisions; Schedule 2 item 14 lists overseas elements repealed).
Transitional amendments
Schedule 3 contains transitional provisions that preserve or treat certain entitlements as though specific amendments had been in force earlier for narrowly defined groups and date ranges. Examples include reunion travel credits for dual-serving couples posted to seagoing vessels between 1 July 2023 and commencement (Schedule 3 item 2), clothing benefit eligibility for media content officers at Government House from 17 January 2022 to commencement (item 3), preservation of pre-approved remedial tuition approvals (item 4), reimbursement for compulsory tuition fees for members posted to Wellington between 19 June 2023 and commencement (item 5), and approved club memberships for members posted to Laos in the same window (item 6).
Repeal map
Schedule 1 item 57 identifies three provisions repealed entirely: section 5.11.6, Chapter 8 Part 1, and section 9.3.30. Item 58 repeals particular exceptions in subsections 6.2.4.1, 7.5.27.1 and paragraph 8.10.2.a. Schedule 2 item 14 repeals multiple overseas provisions (explicit list provided in that item). These repeals remove prior entitlements or carve-outs and should be cross-checked by administrators to determine which departmental processes are affected.
Recordkeeping and notes
The commencement table includes a note that column 3 information is not part of the instrument; it may be edited in published versions. The instrument also includes some internal editorial notes (for example, the note under 6.2.1 referring to the definition of furniture and effects at section 6.1A.2). Administrators will therefore need to reconcile published explanatory materials against the authoritative instrument text.
Implementation sequencing
The instrument commenced in whole on 14 September 2023, so the amendments are operative from that date unless the transitional Schedule carves out particular retrospective applications. Schedule 3 defines precise retrospective application windows for targeted cohorts; these are limited and time-bound.
In short, this Amendment Determination is a single administrative instrument, commenced 14 September 2023, that modifies Defence Determination 2016/19 in multiple discrete areas: rates and tables, leave and medical absence rules, housing and Service residence standards, overseas health and education entitlements, COVID‑19-related travel treatment, with a small set of repeals and narrowly framed transitional protections.
No case references, no enforcement provisions that create criminal liability, and no express internal appeals process are set out. The Determination focuses on substantive conditions of service, and it is silent on litigation history. Practitioners seeking to understand remedies for adverse decisions under the amended Determination must therefore look to external administrative law remedies, Defence internal review procedures (if any exist elsewhere in Defence policy and not in the instrument), and employment dispute mechanisms that are not set out here.
Practical consequence for litigators and advisers
Where members or dependants are affected by a CDF refusal or by administrative refusal to reimburse under the amended provisions, advisers will need to assemble the Determination’s precise text (including the newly inserted mandatory consideration lists) and examine whether the decision-maker complied with those statutory duties. Because the Determination prescribes specific documentary thresholds (medical certificates, school evaluations), advisers will focus on whether procedural fairness and statutory mandatory consideration were satisfied in the administrative decision-making record.
In summary, the instrument contains no litigation history or references. The most likely litigation-related issues,administrative law challenges to discretionary decisions, factual disputes over eligibility, and payroll overpayments,are implied by the textual changes, but the Determination itself does not record any prior cases or judicial interpretations to guide outcomes.
Discretionary decisions and uncertainty
CDF satisfaction test: The CDF’s approval and “satisfaction” standard for health-travel, escorts and remedial tuition introduces discretionary administrative decision-making. While the Determination outlines factors the CDF must consider, the ultimate standard is an evaluative one , “is satisfied” , rather than an automatic entitlement. This produces a degree of uncertainty for members seeking approval.
Complex calculation requirements
Overseas private vehicle reimbursement formula: Section 15.5.19A requires calculation using the vehicle allowance rate under section 9.6.25, the exchange rate used to pay members’ salary, and the post index under section 12.3.14A. Implementing this formula requires correct and contemporaneous retrieval of multiple indices and exchange rates. Errors in indexing or rate application can lead to under- or over-payment and subsequent administrative recovery processes.
Changes in language that alter coverage subtly
Chapter 8 heading change: Replacing the Chapter 8 heading from “Members and their resident families” to “Assistance for recognised family” (Schedule 1 item 44) narrows the conceptual framing. Practitioners should not assume coverage identical to the prior heading; they should read the amended text to confirm which categories of family or other persons are eligible.
Service residence standard and exceptions
Minimum amenities and DHA exception: The new Service residence standard (section 7.6.12, Schedule 1 item 38) specifies yard sizes tied to Greater Sydney or other locations and lists mandatory amenities. However, paragraph 2 exempts residences acquired by Defence Housing Australia before 1 July 2007 from some of these requirements. Where members occupy older DHA stock, they may not receive the full standards newly listed.
Repeals and removal of exceptions
Repealed provisions and exceptions: The instrument repeals several prior provisions and exceptions (Schedule 1 item 57-58; Schedule 2 item 14). Those repeals can remove previously relied upon rights or carve-outs. For example, the repeal of Chapter 8 Part 1 (Schedule 1 item 57.b) might eliminate an entire prior assistance category; practitioners must map prior entitlements against the amended Determination.
Administrative implementation timing
Payroll and rates update: Replaced tables and numeric rates require payroll and benefits teams to update their systems to avoid incorrect payments. Because the instrument commenced in full on 14 September 2023, administrators needed to implement changes promptly; delays can create back-pay liability or incorrect ongoing payments.
One-off limitations and frequency caps
Short absence only one period per event: The substitution in section 5.11.7 limits short absence to a single period for an event or activity (Schedule 1 item 21). Members accustomed to taking multiple short absences for the same event will find that no longer permitted.
In essence, the key pitfalls are documentary defects, misunderstanding of narrow transitional windows, failure to apply new exclusions (grants, storage), complexity in index-based calculations for overseas reimbursements, and oversight of the CDF’s discretion which converts certain previously-expressed entitlements into discretionary approvals. Administrators and advisers must read the amended clauses carefully, verify dates for transitional application, and collect the precise evidence the Determination mandates.
Implement new calculation procedures for overseas vehicle reimbursement: The private vehicle reimbursement formula in section 15.5.19A (Schedule 2 item 8) requires a three-component calculation using (A) the vehicle allowance rate under section 9.6.25 applicable to the posting location, (B) the exchange rate used to pay members’ salary for the pay period, and (C) the post index under section 12.3.14A. Ensure data feeds for those components are correct, current, auditable, and applied consistently.
Create or update claim forms to capture mandated evidence: Modify forms for leave re-credit, remedial tuition reimbursement, medical absence approval, and health-travel requests to collect the specific evidence the Determination mandates (medical certificates, written school evaluations, proof of state/territory public health orders in COVID‑19 cases, receipts).
Train delegated decision-makers on CDF factors: Where approvals require the CDF’s satisfaction and prescribed considerations are listed, ensure decision-makers (and staff preparing briefs for the CDF) explicitly address each factor in their submission materials. For remedial tuition, include the school’s written evaluation and an assessment of whether the cost is reasonable relative to Australian tuition costs where the Determination requires it (Schedule 2 item 9.1.e).
Implement procedural guidance on COVID‑19 travel claims: Because several clauses tie eligibility to state or territory legal requirements, prepare guidance for staff on how to verify and document whether a particular travel requirement arose from state/territory law. Maintain a central library of the applicable public health orders by jurisdiction and date to expedite verification of claims.
Audit and control overpayments: Given the table and rate changes, run reconciliations to identify under- or over-payments around the 14 September 2023 commencement. Set up an audit trail for post-implementation corrections and have a transparent process for seeking recovery of inadvertent overpayments, and for paying arrears where underpayments occurred.
Manage DHA and pre-2007 exceptions: Where Service residences acquired by Defence Housing Australia before 1 July 2007 are exempted from new parts of the standard (Schedule 1 item 38), ensure that property records are matched against the exemption criteria and that members in older DHS stock understand which amenities or yard size expectations do not apply.
Communicate proactively to affected members: Notify members explicitly about the key changes: re-crediting leave conditions, the exclusion of grant-obtained items from loss reimbursement, revised housing benefit rates, the Service residence standard, and the one-period limit for short absences related to Service events. Provide FAQs that explain the documentary proof required and how to apply, and specify timelines for remedial tuition and travel reimbursements.
Record-keeping and administrative notes
Preserve evidence and decisions: Record CDF decisions and the decision-making rationale addressing each mandated factor, and retain documentary evidence supplied by the member. These records will be material to any internal review or external judicial review claim.
Ensure clarity on who qualifies as “resident family” and “recognised other persons”: Several entitlements turn on these categories. Because the Determination modifies definitions (e.g., the resident child carer definition in Schedule 1 item 33), keep up-to-date guidance to avoid inconsistent determinations.
Align with enterprise agreement references: Where the Determination ties eligibility to allowances under the Defence Enterprise Agreement 2017‑2020 (as in force on 16 August 2017), have clear instructions on how to interpret and apply those references administratively.
To comply practically, members must obtain and lodge the precise documentary evidence the Determination requires, avoid actions that negate eligibility (for example, putting a vehicle into storage when this disqualifies a claim), and seek CDF approval where required. Administrators must update rates, calculation formulas, claim forms and guidance, and maintain auditable records of decisions and evidence to implement the amendments accurately and consistently.
32 Paragraph 6.5A.17.1.b
Repeal the paragraph, substitute:
b. They are required to fly to their new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law.
33 Section 7.1.14 (definition of resident child carer)
Repeal the definition, substitute:
Resident child carer means a person who meets all of the following.
a. They are not resident family or a recognised other person of a member under this Determination.
b. They are living with a member’s resident family for the purpose of providing child care for the member’s children who are recognised as resident family.
34 After paragraph 7.2.12.1.f
Insert:
g. The member has unaccompanied resident family and the home is in their housing benefit location.
35 Subsection 7.3.23.2
Repeal the subsection, substitute:
If a member who is posted to any of the following, the 2‑year period specified in subsection 1 begins on the day the official notice of their next posting is issued.
a. An overseas posting location, whether accompanied or not.Note: An overseas deployment is not a posting for the purpose of this paragraph.
b. A location where the member is required to occupy a Service residence or occupy living-in accommodation.
c. An adjacent housing benefit location that includes the member's home.
d. A specified location under section 7.3.28 where an eligible person could not reasonably be expected to purchase a home.Note: A member may still purchase a home at a specified location if they wish, however the following should be noted. a. The purchase will not qualify for HPSEA. b. The continuity of the sale-purchase cycle will not be affected.
36 Before subsection 7.5.27.1
Insert:
1A. This section does not apply to a person who is granted accommodation under section 7.5.7.
37 Paragraph 7.6.1.c
Omit “residence”, substitute “Service residence”.
38 Section 7.6.12
Repeal the section, substitute:
44 Chapter 8 (heading)
Omit “Members and their resident families”, substitute “Assistance for recognised family”.