Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination (No. 4) 2025

I, SARAH KATE MCGREGOR, Acting Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 8 April 2025

Sarah McGregor

Acting Director General
People Policy and Employment Conditions
Defence People Group

 

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Housing amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Post index location, benchmark schools and hardship location amendments

Defence Determination 2016/19, Conditions of service

Schedule 3—Miscellaneous (directly conferred powers) amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 5—Transitional provisions

 

 

This instrument is the Defence Determination, Conditions of service Amendment Determination (No. 4) 2025.

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

1. Sections 1 to 4.

The day the instrument is registered.

 

2. Schedule 1 to 5.

10 April 2025

 

Note:  This table relates only to the provisions of this instrument as originally made.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.

This instrument is made under section 58B of the Defence Act 1903.

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


 

Omit “Ashgrove”, substitute “Enoggera”.

 

Repeal the table item, substitute:

 

2.

Adelaide

Commander Air Warfare Centre (CDRAWC)

14 Gowland Street, Broadview

 

 

Repeal the paragraph.

 

 

Insert:

 

33A.

NORWAY

Oslo

 

 

Insert:

 

50A.

UKRAINE

Kyiv

 

 

 

Insert:

 

28.

Norway

Oslo International School

Oslo International School

Oslo International School

 

 

Insert:

 

10AA.

Eritrea

 

 

Insert:

 

48A.

Somalia

 

 

Insert:

 

49C.

South Sudan

 

 

Insert:

 

50A.

Sudan

 

 

Insert:

 

57A.

Ukraine

12

London (1)

Warsaw (1)

4

Yes

 

Repeal the subsection, substitute:

2.

The member is eligible for short absence for removal purposes up to the limits provided under section 5.11.10 if the CDF is satisfied it is reasonable.

 

Omit “decision-maker” (wherever occurring), substitute “CDF”.

 

Omit “a Defence Housing Australia decision-maker”, substitute “the CDF”.

 

Omit “the decision-maker”, substitute “the CDF”.

 

Omit “the dangerous recreational activity decision maker”, substitute “the CDF”.

 

Omit “decision maker”, substitute “CDF” in the following provisions.

 

a.

Subsection 2.2.5.1A.

 

b.

Subsection 2.2.5.1B.

 

c.

Subsection 3.2.47AA.1.

 

d.

Subsection 3.2.47AA.3.

 

e.

Subsection 5.4.22.1.

 

f.

Paragraph 6.5.78.1.b.

 

g.

Paragraph 6.5.78.2.c.

 

h.

Subsection 6.5.79.3.

 

i.

Paragraph 6.5.80.2.d.

 

j.

Subsection 6.5.81.5.

 

k.

Paragraph 6.5.83A.5.b.

 

l.

Paragraph 6.5.83B.1.a (wherever occurring).

 

m.

Subsection 7.3.13.2 (note).

 

n.

Paragraph 7.6.41B.2.a.

 

o.

Subsection 7.6.59C.2.

 

p.

Paragraph 7.8.5AA.2.b.

 

q.

Paragraph 12.8.3.1.f.

 

r.

Paragraph 12.8.4.2.a.

 

s.

Paragraph 12.8.5.2.c.

 

t.

Subsection 12.8.6.1.

 

u.

Paragraph 12.8.6.2.b.

 

v.

Subsection 12.8.7.2.

 

w.

Paragraph 12.8.8.2.c.

 

x.

Subsection 12.8.13.3.

 

y.

Subsection 14.2.14.3.

 

z.

Subsection 14.2.15.3.

 

za.

Paragraph 15.3.17G.1.b.

 

Omit “A Defence Housing Australia decision-maker”, substitute “The CDF” in the following provisions.

 

a.

Section 7.7.4.

 

b.

Subsection 7.7.12.1.

 

Repeal the following provisions.

 

a.

Subsection 2.2.5.1C.

 

b.

Subsection 3.2.47AA.5.

 

c.

Subsection 5.4.22.4.

 

d.

Section 6.5.76A.

 

e.

Subsection 6.5.78.3.

 

f.

Subsection 6.5.83B.4.

 

g.

Subsection 7.6.41B.3.

 

h.

Subsection 7.6.59C.4.

 

i.

Section 7.7.3, definition of Defence Housing Australia decision-maker.

 

j.

Section 7.8.5AA.4.

 

k.

Section 12.8.2, definition of decision maker.

 

l.

Section 14.2.12, definition of decision maker.

 

m.

Section 15.1.3, definition of dangerous recreational activity decision maker.

 

n.

Subsection 15.3.17G.3.

 

 

Repeal note 2, substitute:

 

Note 2: Section 1.2.1 restricts the application of the Determination to members on continuous fulltime service, unless otherwise specified.

 

Add:

 

Note: If all of the member’s resident family are children, this subsection is displaced by subsection 2.

 

Insert:

 

c.

The member has applied for recognition of the child as unaccompanied resident family on the approved form.

 

d.

The child meets the criteria for a type of unaccompanied resident family in Subdivision 4: Types of unaccompanied resident family.

 

Omit “apply”, substitute “applies”.

 

Omit “the following apply”, substitute “all of the following apply.”.

 

Omit “the relevant”, substitute “one”.

 

Repeal the table item.

 

Repeal the table items.

 

Repeal the section, substitute:

 

The removal of the following items is limited by the specified conditions.

 

a.

A small boat, canoe, kayak or other small watercraft must be no longer than 5.7m and no heavier than 51kg.

 

b.

A larger boat capable of being carried on a trailer must be a towable item.

 

c.

A lawn locker or tool shed that must be dismantled and packed securely by the member.

 

d.

A motor bike, trail bike or mini-bike must meet all of the following.

 

 

i.

It has been drained of all petrol and oil.

 

 

ii.

It has been packed and crated by the member.

 

Repeal the subsection, substitute:

3.

For the purpose of subsection 2, the period of eligibility for temporary accommodation is any of the following.

 

a.

At the losing location — up to 3 nights.

 

b.

At the gaining location — the period for the member’s furniture and effects to be delivered to a dwelling or storage at the location.

 

Repeal the section, substitute:

 

A member is eligible to remain a Service residence in the losing location until one of the following applies.

 

a.

If the member is delaying removal to the new primary service location for Service reasons — until the Service reason ends.

 

b.

If the member is delaying removal until they can get a door-to-door removal — until uplift and final inspection.

 

c.

If the member has unaccompanied resident family and no accompanied resident family and the members unaccompanied resident family remain in the losing location — until the earlier of the following.

 

 

i.

The end of the posting period.

 

 

ii.

When the member's unaccompanied resident family live with the member at the members housing benefit location.

 

Omit “has resident family”, substitute “has unaccompanied resident family”.

 

Repeal the subsection, substitute:

2.

If a member travels by means that are not the most economical then the member is eligible for one of the following.

 

a.

For travel by means that are cheaper than the most economical means — the actual cost of their journey.

 

b.

For travel by means that are more expensive than the most economical means — up to the amount of the normal departmental liability.

 

Repeal the section, substitute:

 

Eligibility for a benefit under this Division commences on one of the following.

 

a.

If the student departs the remote location to attend school — the date of departure from the remote location.

 

b.

If the student does not accompany the member to the remote location — the later of the following.

 

 

i.

The day the member departs for the remote location.

 

 

ii.

The day the member’s resident family depart for the remote location.

 

Repeal the paragraph, substitute:

 

b.

If the travel is to a location outside of Australia, the lesser of the following amounts, but not less than $0.

 

 

i.

The cost of the fares paid for the travel.

 

 

ii.

The cost of the travel calculated using the following formula.

 

 

 

Start formula cost of travel equals A minus B end formula

 

 

 

Where:

 

 

 

A

is the allowable travel cost from the overseas posting location to the overseas location of the close relative and return.

 

 

 

B

is the allowable travel cost from Sydney, Australia to the overseas location of the close relative and return.

 

Item

Provision

Omit

Substitute

1.

Section 6.1A.2 (definition Essential household item

all the following

all of the following

2.

Section 6.1A.2 (definition Family court

the following

any of the following

3.

Section 6.1.4

if they are in either of the following situations

if one of the following applies

4.

Paragraph 6.1.4.a

both the following conditions

all of the following

5.

Paragraph 6.1.4.b

all the following conditions

all of the following

6.

Section 6.1.10

both the following

all of the following

7.

Subsection 6.1.13.1

either of these conditions

any of the following

8.

Paragraph 6.1.13.1.b

where either of these conditions

where any of the following

9.

Subsection 6.1.15.2

if the following conditions

if all of the following

10.

Subsection 6.1.17.1

all these criteria are

all of the following are

11.

Section 6.1.18

either

 

12.

Subsection 6.1.27.1

the following criteria

all of the following

13.

Subsection 6.1.27.3

the following

all of the following

14.

Section 6.5.6

the following apply

one of the following applies

15.

Subsection 6.5.12.2

either

any

16.

Subsection 6.5.12A.2

Both of these conditions

All of the following

17.

Subsection 6.5.12A.3

of these two amounts

of the following

18.

Subsection 6.5.13.1

all of these criteria

all of the following

19.

Subsection 6.5.13.2

either

any

20.

Subsection 6.5.13.3

both of these criteria

all of the following

21.

Subsection 6.5.14.4

both

all

22.

Subsection 6.5.15.1

either of these reasons

any of the following

23.

Subsection 6.5.15.2

either of these

any of the following

24.

Subsection 6.5.16.3

the following

any of the following

25.

Subsection 6.5.19A.3

to the following

to all of the following

26.

Subsection 6.5.19A.4

both of the following locations

all of the following

27.

Subsection 6.5.28.2

either of the following conditions

any of the following

28.

Paragraph 6.5.28.2.b

both the following

all of the following

29.

Paragraph 6.5.52.1.b (table item 3, column titled then the member is eligible for the storage of…)

both

all

30.

Paragraph 6.5.52.1.b (table item 5, column titled then the member is eligible for the storage of…))

both the following

all of the following

31.

Subsection 6.5.52.3

the following

all of the following

32.

Section 6.5.58

in either of these circumstances

if any of the following apply

33.

Subsection 6.5.59.1

these dates

the following dates

34.

Subsection 6.5.60.1

both of these criteria

all of the following

35.

Subsection 6.5.60.3

these two dates

the following dates

36.

Subsection 6.5.62.3

both of these criteria

all of the following

37.

Subsection 6.5.62.6

both of these criteria

all of the following

38.

Section 6.5.63

either (wherever occurring)

any

39.

Subsection 6.5.66.1

either of these circumstances applies to them

any of the following apply

40.

Subsection 6.5.68.2

both of the following conditions

all of the following

41.

Paragraph 6.5.86.3.c

the following

all of the following

42.

Subsection 6.5A.3.1

the following

all of the following

43.

Section 6.5A.6

either

 

44.

Subsection 6.5A.14.1

the following

all of the following

45.

Subsection 6.5A.17.1

the following

all of the following

46.

Subsection 6.5A.20.1

the following

all of the following

47.

Subsection 6.6.3.3

either of these

any of the following

48.

Section 7.1.14 (definition of rent)

both the following

all of the following

49.

Paragraph 7.1.23.3.b

the following

any of the following

50.

Subsection 7.2.11.4

the following factors

all of the following

51.

Paragraph 7.2.12.1.f

Both

All

52.

Subsection 7.2.15.3

all the following

all of the following

53.

Subsection 7.3.15.2

the following

any of the following

54.

Subsection 7.3.23.3

the following

all of the following

55.

Subsection 7.3.27.2

both

all

56.

Subsection 7.3.31.5 (definition of Professional fees and disbursements)

both

all

57.

Paragraph 7.4.8.1.e

either

 

58.

Paragraph 7.4.9.2.a

either

any

59.

Section 7.4.10.1

all the following conditions

all of the following

60.

Subsection 7.4.13.2

either

any

61.

Subsection 7.4.13.3

the following

all of the following

62.

Subsection 7.4.13.5

The following

All of the following

63.

Subsection 7.4.14.2

the following

any of the following

64.

Paragraph 7.4.27A.3

the following periods

one of the following periods

65.

Paragraph 7.4.27A.3.b

either

one

66.

Subsection 7.4.27A.4

either

one

67.

Subsection 7.4.27B.2

of the following conditions

of the following

68.

Paragraph 7.4.27B.2.b

either

one

69.

Subsection 7.4.27B.4

either

one

70.

Subsection 7.4.27C.1

both of the following criteria

all of the following

71.

Subsection 7.4.27C.1.a

either of the following sections

one of the following

72.

Subsection 7.4.30.2 (table item 2, column B)

Both

All

73.

Subsection 7.4.30.2 (table item 5, column B)

Both

All

74.

Subsection 7.4.31.2

The following

All of the following

75.

Section 7.4.33 (table items 1 and 2)

either or both

any

76.

Subsection 7.4.36.2

both these conditions

all of the following

77.

Subsection 7.4.42.3

The following

Any of the following

78.

Subsection 7.4.47.2

This table shows the following

The table below provides all of the following

79.

Paragraph 7.4.48.1.b

the following

all of the following

80.

Section 7.4.A.2

the following things

all of the following

81.

Subsection 7.4.A.6.4

either of the following actions

any of the following

82.

Subsection 7.4.A.8.2

the following specific conditions

all of the following

83.

Subsection 7.4.A.16.2

the following

any of the following

84.

Subsection 7.4.A.16.4

the following

all of the following

85.

Subsection 7.4.A.18.3

The following arrangements

All of the following

86.

Subsection 7.4.A.25.1

the following

all of the following

87.

Section 7.5.7

both of the following conditions

all of the following

88.

Subsection 7.5.19.1

both these conditions

all of the following

89.

Subsection 7.5.22.2

the following

all of the following

90.

Subsection 7.5.22.2A

the following

any of the following

91.

Subsection 7.5.22.3

both the following criteria

all of the following

92.

Subsection 7.5.23.2

all these criteria

all of the following

93.

Subsection 7.5.24.2

either

one

94.

Subsection 7.5.24.3

either

one

95.

Section 7.6.3 (definition of Surplus Service residence)

both the following

all of the following

96.

Subsection 7.6.4.1

all these conditions

all of the following

97.

Paragraph 7.6.4.1.a

either of these

one of the following

98.

Subsection 7.6.6.2

these criteria

all of the following

99.

Subsection 7.6.27.1

either

any

100.

Subsection 7.6.27.3

either

any

101.

Subsection 7.6.33.4

either

 

102.

Subsection 7.6.33.5

the following

all of the following

103.

Subsection 7.6.33.6

all the following

all of the following

104.

Subsection 7.6.34.2

any of these reasons

any of the following

105.

Paragraph 7.6.34.2.c

all the following

all of the following

106.

Subsection 7.6.37.4

residence. This rent is set in either of these ways

residence, as set by one of the following

107.

Subsection 7.6.38.1

all the following conditions

all of the following

108.

Subsection 7.6.39.1

both the following conditions

all of the following

109.

Section 7.6.40

the following

any of the following

110.

Subsection 7.6.41.1 (table item 5, column A)

both

all

111.

Subsection 7.6.41.1 (table item 6, column C)

Both

All

112.

Subsection 7.6.41.2

both

all

113.

Section 7.6.42 (table item 1, column B)

either or both of the following events

any of the following.

114.

Section 7.6.42 (table item 2, column B)

either or both of the following events

any of the following

115.

Subsection 7.6.48.1

both of these conditions

all of the following

116.

Subsection 7.6.48.4

both the following arrangements

all of the following

117.

Subsection 7.6.50.2

the following

any of the following

118.

Paragraph 7.6.55A.1.b

Either

Any

119.

Paragraph 7.6.55A.3.b

are either

is one

120.

Subsection 7.6.55A.5

either

one

121.

Paragraph 7.6.55B.2.b

are either

is one

122.

Subsection 7.6.55B.4

the following

one of the following

123.

Subsection 7.6.55C.1

both of the following criteria

all of the following

124.

Paragraph 7.6.55C.1.a

either of the following sections

one of the following

125.

Subsection 7.6.58.1

who does both the following

if all of the following apply

126.

Paragraph 7.6.63.2.b

the following criteria

all of the following

127.

Section 7.7.4

both these conditions

all of the following

128.

Subsection 7.7.5.2

either

any

129.

Subsection 7.7.13.1 (table item 3, column B)

in either of the following references

under one of the following

130.

Section 7.7.13.1A.

the following criteria

all of the following

131.

Paragraph 7.7.14.2.b (table item 3, column B)

either

one

132.

Paragraph 7.7.14.2.b (table item 4, column B)

either

one

133.

Paragraph 7.7.14A.3.b

are either

is one

134.

Subsection 7.7.14A.4

either

one

135.

Subsection 7.7.14B.2

the following conditions

the following

136.

Paragraph 7.7.14B.2.b

either

one

137.

Subsection 7.7.14B.4

either

one

138.

Subsection 7.7.14C.1

both of the following criteria

all of the following

139.

Paragraph 7.7.14C.1.a

either of the following sections

one of the following

140.

Subsection 7.7.16.4

either

 

141.

Subsection 7.7.22.3

either

one

142.

Subsection 7.8.5B.2

The following

All of the following

143.

Subsection 7.8.6.4

for either of these reasons

if any of the following apply

144.

Paragraph 7.8.11A.c

both

all

145.

Section 7.8.18 (table item 1, column B)

either or both of the following events

any of the following

146.

Section 7.8.18 (table item 2, column B)

either or both of the following events

any of the following

147.

Paragraph 7.8.18A.3.b

are either

is one

148.

Subsection 7.8.18A.4

either

one

149.

Paragraph 7.8.18B.2.b

are either

is one

150.

Subsection 7.8.18B.4

either

one

151.

Subsection 7.8.18C.1

both of the following criteria

all of the following

152.

Paragraph 7.8.18C.1.a

either of the following sections

one of the following

153.

Subsection 7.8.20.1

both these conditions

all of the following

154.

Subsection 7.8.22.2

either

any

155.

Subsection 7.8.23.1

either

any

156.

Subsection 7.8.26.1

both of these conditions

all of the following

157.

Subsection 7.8.27.4

either

 

158.

Subsection 7.8.35A.1

both the following conditions

all of the following

159.

Subsection 7.8.38.3

take both these steps

do all of the following

160.

Subsection 7.8.47.2

the following

any of the following

161.

Subsection 7.9.6.4

both the follow conditions

all of the following

162.

Subsection 7.10.4.1

the following

any of the following

163.

Annex 7.D Part 1

either

one

164.

Annex 7.D Part 2

either

one

165.

Section 7.11.2

either

one

 

 

In this Schedule, the following apply.

 

Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.

1.

This clause applies to a member who was on long-term posting overseas to Ukraine between 1 April 2025 and the commencement of this Determination.

2.

The member is eligible for benefits provided by the Defence Determination that they would have been eligible for had the changes made by items 2 and 8 of Schedule 2 been in effect at the time of their posting to Ukraine.