The Determination rests on a handful of discrete legal and operational concepts that determine eligibility, the scope of reimbursable items, and the exercise of discretion.
Operation established in response to a domestic emergency: The purpose clause (s 5) identifies the class of operations to which the Determination applies. The phrase “domestic emergency” is illustrated by natural disasters and infectious disease outbreaks such as COVID-19, but the instrument does not limit the class to those examples. The Determination therefore applies to any operation formally established in response to a domestic emergency.
Categories of eligible members: Eligibility is split by employment status. Reserve members are eligible where (i) they are assigned to such an operation, (ii) they cancel or amend holiday arrangements that would have taken place, wholly or in part, during the period of the operation, and (iii) the cancellation or amendment is a consequence of the assignment (s 7(a)). Members on continuous full-time service are eligible where (i) they had approved leave or short absence (whether or not commenced), (ii) that leave or absence is cancelled as a consequence of being assigned to the operation, (iii) they cancel or amend holiday arrangements that would have taken place, wholly or in part, during the period of the operation, and (iv) the cancellation or amendment is a consequence of the cancellation of the leave (s 7(b)). These eligibility rules create a causal linkage requirement: the holiday cancellation must be a consequence of assignment or of leave cancellation caused by assignment.
Decision-maker and discretion: “Decision-maker” is a defined term listing specific senior service personnel for Navy, Army and Air Force (s 6). Reimbursement is available “if the decision-maker is satisfied that the costs are reasonable” (s 8(1)). Thus the Determination vests substantive evaluative discretion in named Defence personnel rather than prescribing an automatic entitlement.
Types of reimbursable costs: Section 8(2) enumerates cost categories:
- Transport: where a member has left their posting location, either additional costs associated with rebooking return transport (if the member can modify the booking) or the cost of the transport if the booking is non-modifiable (s 8(2)(a)).
- Accommodation: up to the amounts in Annex 9.5.A of the Defence Determination for each night of the return journey, provided the member has left their posting location and an overnight break during the return journey is required (s 8(2)(b)).
- Meals: per meal period during the return journey up to the amount in Annex 9.5.A Part 4 of the Defence Determination (s 8(2)(c)), and “meal period” is itself a term taken from the Defence Determination (s 6).
- Unused holiday and cancellation fees: cost of an unused portion of the holiday and associated additional fees, but subject to subsection 3 limiting reimbursement to costs unrecoverable from the service provider or through travel insurance (s 8(2)(d); s 8(3)).
Cross-references to the Defence Determination: The Determination relies on the Defence Determination 2016/19 for monetary caps (Annex 9.5.A), and for definitions such as “dependant” and “meal period” (s 6). It also excludes overlap with Chapter 5 Part 13 of the Defence Determination (s 9).
Limitations and exclusions: The note in s 8(2)(d) explicitly denies reimbursement for “lost opportunity”. Section 9 disqualifies a member from receiving reimbursement under this Determination where they are eligible for reimbursement under Chapter 5 Part 13 of the Defence Determination in connection with the operation.
Mechanically, the Determination is therefore compensatory for specific unrecoverable out-of-pocket expenses linked to cancelled or truncated leave due to operational assignment for domestic emergencies, subject to administrative discretion, cross-referenced monetary caps, and a non-duplication rule with Chapter 5 Part 13 of the Defence Determination.