Defence Determination, Conditions of service Amendment Determination (No. 10) 2025

The Determination is primarily about governance of pay and conditions: who is eligible for specific pay and leave benefits, the monetary parameters of reimbursements and allowances, and who has authority to approve exceptions or payments. The key legal and operational concepts introduced or adjusted are:

• Premature birth leave as a distinct, paid leave entitlement (Part 6A, s 5.6A.1-5.6A.12). The formulaic calculation of entitlement is central: period of leave = 37 minus A, where A is weeks' gestation at birth and may include partial weeks but cannot be less than 20 weeks (s 5.6A.2). The new Part sets when the leave is taken relative to paid maternity or parental leave (s 5.6A.7-5.6A.12), rules for notification/application and required evidence (ss 5.6A.8 and 5.6A.11), and an eligibility constraint tied to qualifying service (s 5.6A.4). It also establishes that the leave is single continuous period, full pay and counts as effective service (s 5.6A.5).
• Administrative interaction between leave and district allowance and other leave rules. Section 4.4.12 is replaced to specify when a member remains eligible for ADF district allowance during leave; premature birth leave is explicitly included among types of leave where allowance may continue (s 4.4.12.1.b.v). The instrument also amends several related maternity/parental leave provisions to reference premature birth leave (e.g. insertions at 5.6.18.1A and edits to 5.6.20 and other cross‑references).
• Numeric recalibrations to allowances and ceilings. Schedules 3-5 update monetary figures for food allowance, meal contributions, temporary accommodation rent ceilings for Glenbrook, tuition/boarding reimbursement caps and related contribution amounts, hardship location rates, and other indexed or fixed monetary items (for example s 7.9.10, s 7.4.29, and multiple items in Schedule 5).
• Expansion of healthcare coverage under the ADF Family Health Program. Schedule 6 broadens the definition of allied health services to include counselling/psychotherapy providers registered with named professional bodies and lactation consultants (amendment to s 8.9.2 and insertion after s 8.9.7.1.f).
• Travel entitlements during medical absence. The replaced s 9.2.26 and new s 9.2.26A set thresholds for eligibility to travel to see specialist practitioners from remote housing benefit locations (different medical certification or Commanding Officer certification requirements depending on remote grade), and extend travel eligibility to a support person or a member's child where the decision maker is satisfied such accompaniment is necessary (e.g. ss 9.2.26.1-1A and new 9.2.26A.2-5). These sections prescribe that accommodation and meal costs for support people and children may be paid and cap payment at the travelling allowance for the location (s 9.2.26A.4-5).
• Decision‑maker architecture. Schedule 8 removes the Toll decision maker definition, strips that role out of numerous provisions, substitutes "CDF" for "decision maker" in specified clauses, and repeals certain delegated authority subsections. The effect is a redistribution of decision authority in named provisions either upward or by omission of a delegation. The instrument also explicitly defines who counts as the decision maker for the new travel section (s 9.2.26A.6 enumerates certain O‑4/APS6 and squadron officer roles).
• Transitional and savings instruments. Division 2 (s 1.2.7-1.2.8) and Schedule 11 provide transitional rules preserving prior entitlements for members already in the pipeline and grant retrospective eligibility in narrow circumstances for allied health and ADF family health program additional services (Schedules 10-11).

Each of these concepts creates administrative tasks: calculating new leave lengths (gestation‑based, may be fractional weeks), updating payroll to new rates and ceilings, applying new eligibility tests, and routing approvals along altered decision chains.

The primary actor that exercises payment and approval authority under this Determination is the Australian Defence Force (Defence), acting under its statutory authority in the Defence Act 1903 via a Determination made under s 58B. The persons and organisational units directly affected fall into several categories:

• Serving members of the ADF on continuous full‑time service, who acquire or see amended entitlements: members who give birth prematurely or whose partner gives birth prematurely (Part 6A; ss 5.6A.3, 5.6A.7, 5.6A.10). These members gain a discrete paid leave entitlement that is additional to paid maternity or parental leave (s 5.6A.1).
• Members in particular specialist employment categories or pay grades who are subject to salary non‑reduction protections or specific start/end windows. For example, intelligence pay grades 3-7, Naval Police Coxswain Officer roles, Medical Officer ML2‑5/6/7 with specified dates, and Public Relations roles with specified dates and pay grades (Annex 3.2.D as replaced by Schedule 1).
• Members eligible for food allowance and those living in or occupying Navy accommodation complexes. The eligibility rules in s 7.9.10 now require unaccompanied resident family, no accompanied resident family, not paying a fortnightly meal charge, and either living out or occupying specified Navy accommodation complexes such as Homebush or North Strathfield (Schedule 3, s 7.9.10.1).
• Members and resident family requiring travel for medical reasons from remote housing benefit locations to see specialists, and their potential accompanying support persons or children (revised s 9.2.26 and new s 9.2.26A). These provisions affect family travel eligibility and reimbursements, and set out who can approve such travel in the member's chain of command (see s 9.2.26A.6).
• Members with education expense claims: parents who claim compulsory tuition or boarding reimbursements and related contributions see changed maximum reimbursement figures and required contribution amounts (Schedule 5, s 8.4.21 replacement).
• Health program claimants under the ADF Family Health Program who seek allied health reimbursements, specifically counselling and psychotherapy services from providers registered with the Australian Counselling Association (Level 3 or 4) or the Psychotherapy and Counselling Federation of Australia as Registered Clinical Counsellor or Registered Clinical Psychotherapist, and services by International Board Certified Lactation Consultants (Schedule 6).
• Decision makers and delegated officers. Schedule 8 alters decision‑making structures: it removes the Toll decision maker from the Determination and substitutes the Chief of the Defence Force for "decision maker" in several provisions. It also repeals specified delegated subsections. The listed positions who act as decision makers for the new travel section are particular middle‑level commanders and squadron officers (s 9.2.26A.6), so those officers will receive new approval responsibilities.
• Administrative units: payroll, human resources, medical records and personnel policy units will be required to implement changes, update forms, and process claims under the new rules for leave calculation, eligibility, and rates.

Who pays: Defence funds the payments,premature birth leave is paid at full pay by Defence (s 5.6A.5.b), allowances and reimbursements are paid according to the Determination's caps and rules (for example s 8.4.21 for tuition reimbursement caps), and travel/accommodation costs for authorised travel are payable by Defence under the travel provisions (s 9.2.26A.4-5).

Who decides: approvals are made by named decision makers in certain sections (s 9.2.26A.6), by Commanding Officers for certification where expressly required (s 9.2.26.1A.a), by doctors/dentists in other cases (s 9.2.26.1A.b), and by the CDF in certain provisions where "decision maker" has been substituted with "CDF" (see Schedule 8, part 3).

The instrument distinguishes between concentrated beneficiaries (for example parents of premature infants or particular specialist pay categories) and the broader population of ADF members (those affected by the rate changes and drafting corrections). The transitional and savings clauses (Schedules 10-11) limit immediate redistributive effects for certain cohorts.

The Determination creates new entitlements (rights) and duties (administrative obligations) for members and Defence officers. The principal duties and rights, with source references, are:

Rights (entitlements)

• Premature birth leave: a member who has given birth prematurely, or whose partner has given birth prematurely, has a right to a period of paid premature birth leave as calculated under s 5.6A.2, subject to qualifying service and other conditions (ss 5.6A.3-5.6A.12). If the member gives birth prematurely, the premature birth leave commences immediately after the member completes paid maternity leave (s 5.6A.9.1). If the partner gives birth prematurely, the premature birth leave is taken before paid parental leave (s 5.6A.12.2).
• Full pay and effective service: premature birth leave must be taken at full pay and it counts as effective service (s 5.6A.5.b-c).
• Food allowance: eligible members may receive a fortnightly food allowance at specified rates ($214.79 per fortnight or $21.48 per day for members on a flexible service determination) if they meet the criteria in s 7.9.10.1-2.
• Tuition and boarding reimbursements: members can claim up to revised caps for compulsory tuition fees, boarding costs and private accommodation with specified contributions (see replacement table in s 8.4.21).
• Travel and accommodation during medical absence: members may be eligible for travel for themselves and resident family to access registered specialists (s 9.2.26.1-1A) and for a support person or child to accompany them subject to decision‑maker approval (s 9.2.26A.2-5). The Determination specifies how accommodation and meal costs for support persons or children are to be paid or reimbursed and caps payments to what would be payable under travelling allowance rules for that location (s 9.2.26A.4-5).

Duties and administrative obligations

• Notification and evidence: a member who gives birth prematurely must notify Defence using the approved form as soon as reasonably practicable and provide evidence of date of birth and expected date of birth (s 5.6A.8). A member whose partner gives birth prematurely must apply using the approved form and provide similar evidence (s 5.6A.11).
• Qualifying service: a member who has not completed qualifying service is not eligible for premature birth leave except in the limited circumstance where they complete qualifying service during the period they would be eligible (s 5.6A.4).
• Single continuous period: premature birth leave must be taken as a single period (s 5.6A.5.a), and lapses if the member elects not to take the period or if the leave is denied under specified operational exception provisions (s 5.6A.6).
• Proof and certification for travel: travel from remote housing benefit locations to access specialist treatment requires certification either by the Commanding Officer (if member is in a grade C, D or E remote location) or by a doctor/dentist (if in other grades), and evidence that treatment cannot be provided in the housing benefit location (s 9.2.26.1A).
• Decision‑maker satisfaction: the new travel authorisation for support persons and children requires satisfaction by the decision maker that accompaniment is necessary or that reasonable care cannot be arranged (s 9.2.26A.2).
• Administrative submission for reimbursements: travel and accommodation payments for support persons and children may be paid by Defence prior to travel or by reimbursement; meal costs are to be paid by reimbursement (s 9.2.26A.5; see also s 9.2.26A.3 re vehicle allowance).
• Evidence and entitlement timing: eligibility for premature birth leave is unaffected if the notification is made after the period has commenced (s 5.6A.9.2), but a member who meets specific criteria is prevented from applying to resume duty until after they have completed premature birth leave if they will commence premature birth leave after paid maternity leave (s 5.6.20.5).

Administrative rights and duties are allocated to named decision makers. In the new travel provisions, the decision‑making authority is specified and limited to named ranks/positions (s 9.2.26A.6). In a number of other places the Determination reassigns the term "decision maker" to "CDF" for certain provisions (Schedule 8, part 3).

In sum, rights introduced are primarily paid leave and revised allowance caps; duties are notification, evidence, and procedural compliance to secure those rights, together with decision‑maker obligations to certify or approve.

The Determination itself does not create new criminal offences or specify statutory penalties. Enforcement and consequences under the Determination operate through administrative mechanisms and entitlement rules within the Conditions of service Determination. Key enforcement‑style mechanisms and administrative consequences provided by the instrument are:

• Denial or lapsing of entitlements. Premature birth leave will lapse if the member elects not to take it or if leave is denied under specified provisions (s 5.6A.6). Subsection 5.6A.6.b refers to denial under subsection 5.6A.11.3 (which, in context, addresses operational requirements for partner leave), providing a ground for administrative refusal.
• Requirement for evidence and form‑based authorisation. Eligibility hinges on approved forms and evidence. Failure to supply required evidence (for example date of birth and expected date of birth, ss 5.6A.8-5.6A.11) will impede receipt of leave or payments. Similarly, travel approvals depend on medical or Commanding Officer certification (s 9.2.26.1A and s 9.2.26A).
• Decision‑maker discretion. Several determinations of eligibility are qualified by the decision maker’s satisfaction that requirements are met (e.g. s 9.2.26A.2; s 5.6A.12.1 using the phrase "unless exceptional operational requirements exist"). Where the Determination vests discretion, the administrative decision can result in denial or modification of entitlements.
• Financial controls and caps. Reimbursements and allowances are explicitly capped at specified maximums and subject to member contributions (for example tuition cap $39,039 with contribution rules in s 8.4.21 replacement). Payments beyond caps are not available under the Determination unless another provision authorises them.
• Repeals and reassignment of approving authorities. Schedule 8 repeals and amends a range of delegated decision provisions and substitutes the CDF for "decision maker" in some cases. Effectively, this changes who can approve exceptional payments or decisions. Where delegated delegated approvals are removed, matters may now be dealt with at a higher level or be subject to new internal processes.

From an enforcement perspective, the only concrete penalties in the Determination are omissionary: denial of payment, lapse of leave, or requirement to repay overpayments if the payments were made contrary to the Determination (the latter is not explicitly provided here but it is the typical administrative result where payments contravene an entitlement cap). The instrument contemplates administrative refusal where operational requirements or decision‑maker satisfaction are not met (e.g. s 5.6A.12.1 and s 9.2.26A.2).

Because this Determination is a statutory administrative instrument (made under s 58B of the Defence Act 1903), ordinary administrative review mechanisms and judicial review in the courts exist beyond the text of this instrument, but the instrument itself does not set out penalties or internal disciplinary regimes.

The Determination operates as an instrument under section 58B of the Defence Act 1903 and consequently sits within the statutory scheme governing Defence personnel conditions. Interaction points with other laws and instruments are explicit in the text:

• Defence Act 1903: the Determination relies on the authority conferred by s 58B of the Defence Act 1903 (see clause 3). It is a delegated legislative instrument effecting terms and conditions of service consistent with the Act's delegation framework.
• Defence Determination 2016/19, Conditions of service: this instrument amends that Determination. It repeatedly references and replaces specific sections, annexes, tables and definitions in that Determination (see Schedules 1-9). The amended Determination remains the operative instrument for conditions of service unless further amended.
• Other Defence Determinations: Schedule 4 expressly ties commencement of one item to the immediate commencement of another Determination, the Defence Determination, Conditions of service (Living-in accommodation, housing contributions and allowances, and disturbance allowances) Determination (No. 7) 2025, by stating that Schedule 4 commences immediately after that Determination commences (clause 2, commencement table; Schedule 4, item 1). This means timing of these interdependent instruments matters for implementation sequencing.
• Income Tax Assessment Act and related tax provisions: several paraphrases and references to the Income Tax Assessment Act are corrected (Schedule 9, items 3-7), for example clarifying references to subsection 23AG(7) of the Income Tax Assessment Act 1936. The Determination does not itself change tax law but cross‑references it for some fringe benefit or other tax‑related eligibility assessments.
• Health determinations: the expansion of allied health services references and replaces earlier Health Insurance determinations, for example substituting "Health Insurance (Section 3C General Medical Services - Allied Health Services) Determination 2024" for an earlier 2014 instrument (Schedule 6, item 1). This indicates the Determination relies on and integrates with medical benefit schedules administered under separate instruments.
• Human rights and administrative law: the Determination does not itself engage or mention any specific external human rights statutes. Because it is an administrative instrument, its exercise and application are amenable to judicial review under general administrative law, but no direct cross‑reference is made in the text.
• Payroll and social services interactions: updated monetary caps and eligible provider lists will interact operationally with Defence payroll, Medicare or private health insurance where co‑payments and provider registrations are relevant. For healthcare, the inclusion of specified registries and lactation consultants interacts with benefit administration under s 8.9.x and the ADF family health program rules.

The Determination also contains savings and transitional provisions to ensure that, for certain claimants, the previous rules continue to apply for specific timeframes (Schedule 10 s 1.2.8 and Schedule 11). Those savings provisions define the temporal reach and prevent retroactive removal of entitlements for individuals already positioned under prior rules.

Practically, this Determination must be implemented alongside the wider constellation of Defence Determinations and external instruments (tax law, health determinations). Administrators will need to ensure that forms, payroll systems and medico‑administrative verification processes align with external provider registries and tax law references.

The instrument itself records that it is an amendment Determination to Defence Determination 2016/19 and is styled "Amendment Determination (No. 10) 2025" (clause 1). The enactment details in the instrument and the amendment process are as follows:

• Authority and signature: It is made under s 58B of the Defence Act 1903 and signed by Sarah Kate McGregor, Acting Director General, People Policy and Employment Conditions, Defence People Group, dated 30 June 2025 (front matter and clause 3).
• Structure of amendments: The instrument operates by specifying alterations per Schedule. Each Schedule identifies the parts of Defence Determination 2016/19 to be repealed, replaced or amended and supplies replacement text or tables. Schedules 1-9 contain substantive policy and rate changes, Schedule 10 introduces savings provisions and Schedule 11 contains transitional provisions.
• Commencement staging: clause 2 provides a commencement table for each provision. Key dates are:
  • Sections 1-4 (instrument name, commencement, authority and Schedules) commence the day the instrument is registered.
  • Schedules 1, 3, and 5-9 commence 3 July 2025.
  • Schedule 2 (Premature birth leave) and Schedule 10 (savings provisions) commence 11 September 2025.
  • Schedule 4 commences immediately after commencement of a separate Determination referenced above (the Living‑in accommodation Determination (No. 7) 2025).
  • Schedule 11 commences 3 July 2025 (clause 2 table).
• Savings and transitional clauses: Schedule 10 inserts Division 2: Savings provisions into Chapter 1 Part 2. It includes s 1.2.7 (interpretation) and s 1.2.8, which preserves prior leave rules for members who were already eligible for paid maternity or parental leave in relation to children born on or before 11 September 2025 (Schedule 10, s 1.2.8). Schedule 11 contains further transitional clauses for specific allied health and family health program entitlements and defines "Defence Determination" for the purposes of the Schedule (Schedule 11, clauses 1-3).
• Repeals and substitutions: multiple repeals and substitutions are effected across the Determination. Examples include:
  • Repeal of Annex 3.2.B Part 2 table items 24 and 28 and substitution of Annex 3.2.D table entries (Schedule 1).
  • Substitution of a new Part 6A into Chapter 5 dealing with premature birth leave (Schedule 2).
  • Replacement of s 7.4.29 with the fortnightly contribution rule for specific Navy accommodation complexes (Schedule 3).
  • Repeal and replacement of rows in Annex 7.E for Glenbrook rent ceilings and alteration to Annex 7.F figures (Schedule 4).
  • Various numeric updates across Chapter 8 and Part 15 (Schedule 5).
  • Removal of the Toll decision maker definition and removal of references to that role across many provisions, plus substitution of "CDF" in a specific list of provisions and repeal of several delegations (Schedule 8).
  • Numerous drafting corrections and terminology changes (Schedule 9).
• The instrument contains a note (clause 2) that the commencement table relates only to the provisions as originally made and will not be amended to account for later amendments.

Practitioners should track these staged commencements carefully because different cohorts of members will be affected at different times and some changes link commencement to other separate Defence Determinations.

The text of this Determination contains no litigation history. It does not cite any judicial decisions or refer to any court‑determined interpretations of its provisions. The instrument is an administrative amendment to the Conditions of service Determination; it does not itself report past litigation nor identify any precedents decided under these new provisions.

Because the Determination is an administrative instrument created under s 58B of the Defence Act 1903, any disputes about application, interpretation or legality of decisions made under it would proceed through the standard channels for administrative review and judicial review in Australian courts. The instrument does not reference or alter those external review mechanisms.

For practitioners advising clients or members, the absence of litigation history in the text means there is no settled case law on the new or amended provisions within the instrument itself. Advisers should therefore treat the new provisions,particularly the novel elements such as Premature birth leave (ss 5.6A.1-5.6A.12), the revised decision‑maker architecture (Schedule 8), and the travel provisions for support persons and children (s 9.2.26A),as untested until administrative application develops and any disputes are litigated.

If a party seeks to challenge a specific decision made under the amended Determination, standard administrative law remedies and the particular supervisory mechanisms in the Defence Act and public law will be the remit, but any prediction of success or litigation strategy must be based on case law external to this instrument and on the particular facts of a claim. The Determination itself does not supply any litigation history to draw upon.

This instrument contains several details likely to cause implementation, compliance or interpretive surprises if not tracked carefully:

• Calculation of premature birth leave: the formula in s 5.6A.2 sets the period as "37 minus A" where A is the number of weeks’ gestation at birth and may include partial weeks. Practitioners should note that partial weeks are permitted and the number cannot be less than 20 weeks. This raises practical questions about conversion of fractional weeks into leave days, payroll calculations, rounding rules, and the treatment of very early births. The Determination does not prescribe rounding or conversion rules. Administrators will need operational guidance on converting fractional weeks into days for payroll and rostering.
• Qualifying service timing: s 5.6A.4.1 denies premature birth leave to members who have not completed qualifying service, but s 5.6A.4.2 allows eligibility for the remaining period if the member completes qualifying service during the period they would be eligible. That creates an administrative timing trap where the member may have to delay taking the leave until qualifying service is completed, or payroll needs to be adjusted mid‑period.
• Interaction with paid maternity/parental leave and resumption rules: the instrument inserts constraints on resumption of duty where premature birth leave is to be taken after paid maternity leave (see the new subsection inserted before 5.6.18 and the amendment to 5.6.20). In particular, subsection 5.6.20.5 prevents a member from applying to resume duty under that section until after completing premature birth leave if they meet stipulated criteria. The interplay of multiple leave types means missequencing can lead to administrative denials or lapses.
• Ineligibility during imprisonment/detention: Schedule 2 item 1 adds that a member is not eligible to take premature birth leave during a period of imprisonment, detention or custody. That is a bright‑line exclusion that can be missed when advisers assume leave entitlements are universal.
• Notification and evidence flexibilities and constraints: ss 5.6A.8 and 5.6A.11 require an approved form and evidence of actual and expected dates of birth. Notably, s 5.6A.9.2 states that eligibility is not affected if notification is made after the period has commenced. However, the need for proof remains. Practitioners should advise members to obtain certified medical confirmation of the date of birth and expected date of birth early to avoid delays.
• Decision‑maker changes and removal of Toll decision maker: Schedule 8 removes the Toll decision maker definition and strips that role out of many provisions, and substitutes CDF in a limited set of provisions. The practical consequence is a reallocation of approval authority that may centralise decision‑making or require new internal delegations not reflected in the Determination. Repeal of a range of subsections may create temporary uncertainty about who has authority to approve exceptions until internal Defence policy documents are updated.
• Travel approvals for remote locations: s 9.2.26.1A requires Commanding Officer certification for travel for members in grades C, D or E remote locations, whereas in other grades a doctor or dentist must certify necessity and that treatment is unavailable locally. This bifurcation sets different evidentiary standards; in practice, members and medical staff must be prepared for Commanding Officer certification in defined remote grades, and sea/air base medical networks must be able to certify the inability to deliver treatment locally in other grades.
• Accommodation and meal payment mechanics for support persons/children: s 9.2.26A.5.b sets the maximum payable for accommodation and meals as "what would be payable for the location the person travels to if the person were eligible for travelling allowance for the journey under Part 5" and requires meal costs to be paid by reimbursement and accommodation to be paid either prior to travel or by reimbursement (s 9.2.26A.5.b-c). That requires careful pre‑approval, clear guidance on payment methods and claims, and potential upfront funding for members.
• Conversions across multiple commencement dates: changes come into force on staggered dates. Premature birth leave and related savings provisions commence 11 September 2025; many rate changes commence 3 July 2025; Schedule 4 is linked to the commencement of another Determination, creating sequencing dependency. Failure to apply the correct rates and rules by date could create overpayments or underpayments.
• Savings provisions carve‑outs: s 1.2.8 protects members "who met all of the following immediately before the commencement Schedule 2" and whose leave relates to children born on or before 11 September 2025. Practitioners must track birth dates, leave applications and the date of commencement to determine whether the saving applies.
• Administrative form and process updates required: the Determination refers to approved forms for both notification and application. Until those forms are published and payroll and HR are adjusted, members and administrators may be uncertain about documentation requirements and processing times.

Overall, the main implementation risks are numeric mis‑application, erroneous leave sequencing, unclear rounding for fractional weeks' calculations, decision‑maker uncertainty following the repeal of delegates, and operational funding/advance payment logistics for travel and accommodation.

For members, HR officers and commanding officers who must operationalise these changes, the following concrete compliance steps match the Determination’s requirements and minimise implementation risk. Citations to the relevant sections are included as landmarks.

1. Track commencement dates and apply the correct version of the Determination for each claim

   • Confirm whether the relevant Schedule has commenced: general commencement table at clauses 1-2 (commencement). Premature birth leave and the savings provision commence 11 September 2025 (clause 2, table). Ensure payroll and leave systems are updated on the correct dates.

2. Premature birth leave: process and documentation (ss 5.6A.1-5.6A.12; s 4.4.12)

   • Establish and publish the approved forms for notification and application as required by ss 5.6A.8 and 5.6A.11.
   • Create payroll instructions for calculating the period: use the formula in s 5.6A.2 (period = 37 minus A). Operational guidance must specify how to convert partial weeks to days and how to round.
   • Verify qualifying service (s 5.6A.4): confirm whether a member has completed qualifying service before authorising leave. If qualifying service will be completed during the member’s eligibility window, apply s 5.6A.4.2 to permit access to the remaining period after qualifying service is completed.
   • Ensure premature birth leave is processed as a single continuous period at full pay and recorded as effective service (s 5.6A.5).
   • Implement the prohibition on premature birth leave during imprisonment/detention (Schedule 2, item 1).
   • For members who give birth, instruct that the premature birth leave is to commence immediately after paid maternity leave (s 5.6A.9.1). For partner births, process the leave before parental leave (s 5.6A.12.2).
   • Note notification timing: acceptance of late notification is permitted (s 5.6A.9.2), but ensure evidence is provided.

3. Travel and medical absence claims (s 9.2.26 and inserted s 9.2.26A)

   • Update forms and approval templates to capture required certifications: Commanding Officer certification for grade C, D or E remote locations (s 9.2.26.1A.a); doctor/dentist certification for other grades (s 9.2.26.1A.b).
   • For support person or child travel (s 9.2.26A.2-5), prepare decision‑maker guidance for assessing "needs to be accompanied" and "reasonable care cannot be arranged". Identify the decision makers listed at s 9.2.26A.6 and ensure they understand their roles and constraints on reimbursements (maximum payable set under s 9.2.26A.5.a).
   • Clarify payment methods for accommodation and meals for accompanying persons (s 9.2.26A.5.b-c): implement procedures for prior Defence payment versus reimbursement and ensure members are informed that meal costs are reimbursed and accommodation may be prepaid by Defence.

4. Food and accommodation allowances (Schedule 3 and Annex 7.E updates)

   • Update the living‑in accommodation definition to include "Navy accommodation complexes" (Schedule 3, item 1) and ensure records for Homebush and North Strathfield complexes are adjusted for the new fortnightly contribution of $295.33 for single bedroom apartments (s 7.4.29 replacement).
   • Apply the revised food allowance eligibility (s 7.9.10): confirm members have unaccompanied resident family, no accompanied resident family, not paying the fortnightly meal charge, and are living out or occupying specified Navy complexes. Apply the correct rates ($214.79 per fortnight or $21.48 per day for flexible service determinations).

5. Tuition, boarding and hardship rates (Schedule 5)

   • Update payroll/finance to reflect the new caps: maximum tuition reimbursement $39,039 and the contribution rules in the replacement table at s 8.4.21. Adjust boarding and accommodation caps and member contributions as specified in Schedule 5. Update the hardship location rates table (subsection 16.2A.5.1 replacement) and apply the correct annual rates for unaccompanied and accompanied members.

6. ADF Family Health Program changes (Schedule 6)

   • Update claims guidance to accept counselling and psychotherapy services from providers registered with the named registries and accept services by International Board Certified Lactation Consultants (Schedule 6, items 1-2). Cross‑check provider registration status against the registries referenced.

7. Decision‑maker changes and delegation implementation (Schedule 8)

   • Map out all provisions where "Toll decision maker" has been removed and where "decision maker" has been substituted with "CDF". Identify the provisions where delegated powers were repealed (Schedule 8, part 2 and 3) and produce a local instructions memo defining who now has authority to act in those areas until formal delegation instruments or internal Defence business rules are updated.
   • Ensure the CDF substitution is practical in the specific clauses identified (Schedule 8, part 3) and that matters requiring CDF approval are routed appropriately or delegated under Defence internal delegation instruments consistent with the Defence Act.

8. Forms, evidence and record‑keeping

   • Ensure that all applications and notifications (premature birth leave forms, travel requests, medical certification, schooling reimbursement claims) require and store the evidence the Determination mandates (dates of birth, expected date of birth, medical or CO certification, school invoices).
   • Create an audit trail for decisions where discretion is exercised, noting the decision maker and reasons, especially for refusals based on "exceptional operational requirements" (s 5.6A.12.1) or "decision maker is satisfied" tests (s 9.2.26A.2).

9. Transitional and savings provisions (Schedules 10-11)

   • For members whose entitlement relates to children born on or before 11 September 2025, apply the prior provisions as saved by Schedule 10 s 1.2.8. Maintain a register of such members to ensure the pre‑amendment rules are applied consistently.
   • Apply the transitional clauses in Schedule 11 to any claims that fall into the specified retrospective windows for allied health and ADF family health program additional services.

10. Communications and training

    • Publish clear guidance and FAQs for members explaining their rights, form requirements, proof thresholds and who to approach for approvals. Train Commanding Officers, O‑4/APS6 and squadron officers named as decision makers in s 9.2.26A.6 about their responsibilities for travel approvals and supporting documentation.

11. Systems testing and reconciliation

    • Before each commencement date, run test payroll runs and claim processing simulations to confirm the new rates and caps are correctly applied.
    • Reconcile any payments made around the commencement dates and apply the savings provisions where applicable.

By following the above concrete steps, administrators and members will align conduct with the Determination’s requirements. Where the Determination leaves operational detail unspecified, produce internal policy to fill those gaps (for example rounding of fractional weeks for premature birth leave) and document the rationale for chosen practice.