Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination (No. 19) 2025

I, BRIGADIER KIRK LLOYD, Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 1 December 2025

BRIG Kirk Lloyd

Director General
People Policy and Employment Conditions
Defence People Group

 

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Removals amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Sydney Share-arrangement Rental Trial

Defence Determination 2016/19, Conditions of service

Schedule 3—Overseas reunion travel 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. 19) 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. Schedules 1 to 5

4 December 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Note:  This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

 

After “Determination”, insert “, other than under section 6.5.46A or Chapter 6 Part 5 Division 10”.

 

Insert:

 

Accommodation for which rent allowance is payable includes accommodation where the amount of rent allowance payable is zero.

 

Repeal the paragraph.

 

Repeal the section, substitute:

1.

A member is eligible for assistance under section 6.5.16 if all of the following apply.

 

a.

They are eligible for a removal under this Part.

 

b.

They elect to take the removal as a privately arranged removal.

 

c.

The decision maker is satisfied that the privately arranged removal is for one of the following reasons.

 

 

i.

Personal reasons.

 

 

ii.

Service reasons that urgently require the member to move.

2.

If subsection 1 applies, the member is not eligible for their furniture and effects to be removed by the Commonwealth removalist.

3.

In this section, decision maker means any of the following.

 

a.

The CDF.

 

b.

Chief of Personnel.

 

c.

An employee of Toll Transitions who performs the duties of any of the following.

 

 

i.

National Manager Services.

 

 

ii.

Regional Relocations Manager.

 

 

iii.

Manager – Relocation Administration Services.

 

 

iv.

Team Leader.

 

 

v.

Senior Case Manager.

 

d.

Executive Director Relocations and Housing.

 

e.

Director Relocations and Housing.

 

f.

Assistant Director Relocations and Housing.

 

g.

Assistant Contract Manager Relocations and Housing.

 

Add:

4.

Despite subsection 2, if a member chooses to occupy living-in accommodation, they are not eligible for storage of their furniture and effects.

 

Repeal the section, substitute:

 

This Division provides the benefits for a member who is removed on ceasing, or in advance of ceasing, continuous full-time service.

Note: The removal of vehicles and towable items is provided under the following divisions of Part 5A of Chapter 6.

 

Repeal the subsections.

 

After “a removal”, insert “on ceasing continuous full-time service”.

 

Repeal the items, substitute:

 

2.

The member is to relocate to a location within Australia that is not in their housing benefit location.

The housing benefit location.

A location in Australia chosen by the member.

Note: Section 6.5.60 provides when a member’s belongings may be removed to storage and then to their home.

All of the following.

a. The location cannot be within the member’s housing benefit location unless they meet the condition in table item 1.

b. This table item does not apply to a member of the Reserves on continuous fulltime service.

3.

The member is to relocate overseas.

The housing benefit location.

The Australian capital city that is the nearest port of exit to the overseas location the member has chosen to live.

All of the following.

a. The items must be received by the member’s overseas removal agent.

b. This table item does not apply to a member of the Reserves on continuous full-time service.

 

 

Repeal the item, substitute:

 

6.

The member has unaccompanied resident family and no accompanied resident family and is to relocate from subsidised accommodation to the family benefit location of their unaccompanied resident family.

The housing benefit location.

The family benefit location of their unaccompanied resident family.

 

 

 

Repeal the cell, substitute:

 

One of the following.

a. The member must have received a discharge authority.

b. The decision maker is satisfied that it is reasonable to grant a removal before the member receives a discharge authority.

 

 

Add:

5.

In this section, the following apply.

 

Decision maker means any of the following.

 

a.

The CDF.

 

b.

Chief of Personnel.

 

c.

Director General Military Personnel Branch.

 

d.

Director Personnel Policy Operations.

 

e.

Deputy Director Navy Service Conditions. 

 

f.

Deputy Director Navy Personnel Policy.

 

g.

Deputy Director Army Service Conditions.

 

h.

Personnel Policy Army Delegate.

 

i.

Deputy Director Air Force Service Conditions.

 

j.

Deputy Director Air Force Personnel Policy.

 

Subsidised accommodation means any of the following.

 

a.

A Service residence.

 

b.

Living-in accommodation.

 

c.

Accommodation for which rent allowance is payable.

Note: Accommodation for which rent allowance is payable has the same meaning given by section 6.1A.2

 

Repeal the subsection, substitute:

1A.

If the member receives a removal under subsection 6.5.46.3 table item 1, 2, 3, 4 or 5 — the member is eligible for a removal for their unaccompanied resident family between the following locations.

 

a.

The unaccompanied resident family’s family benefit location.

 

b.

The location the member received their removal to under subsection 6.5.46.3.

Note: The location the unaccompanied resident family receive a removal to does not become a family benefit location.

1B.

If the member receives a removal under subsection 6.5.46.3 table item 6 — the member is eligible for a removal between the following locations.

 

a.

From one of the following.

 

 

i.

If it is for the member — from the housing benefit location or the family benefit location.

 

 

ii.

If it is for the unaccompanied resident family — from the family benefit location.

 

b.

To the following.

 

 

i.

If the member and their unaccompanied resident family are to relocate overseas — the Australian capital city that is the nearest port of exit to the overseas location the member has nominated to live following ceasing continuous full-time service.

 

 

ii.

The location in Australia the member has nominated to live following ceasing continuous full-time service.

Note: The location the unaccompanied resident family receive a removal to does not become a family benefit location.

 

Repeal the subsection, substitute:

2.

A removal under this section is subject to the same conditions and limitations in column D of the table in subsection 6.5.46.3 that would have applied had the removal been undertaken under the relevant item of that table.

 

Add:

 

 

Note: If the family remain in the location, the location does not become a family benefit location, as defined in section 1.3.12.

 

Omit “location”, substitute “location.”.

 

Repeal the sections.

 

Repeal the definition, substitute:

 

Towable item has the same meaning as given in section 6.1A.2 and includes a recreation or hobby vehicle that is capable of being towed by the member’s private vehicle.

 

Repeal the note, substitute:

 

Note 1: The recreation or hobby vehicle and its trailer are transported as 1 item.

Note 2: The trailer of the recreation or hobby vehicle must be registered and roadworthy if it is to be towed.

 

Omit “towable vehicle”, substitute “towable item”.

 

 

Insert:

 

Insert:

 

In this Part, the following apply.

 

Boarding in a home has the meaning given in section 7.8.4.

 

Change affected trial member has the meaning given in section 7.8.2B.

 

Sharing a home has the meaning given in section 7.8.3.

 

Trial location means any of the following establishments.

 

 

a.

Defence Plaza Sydney.

 

 

b.

HMAS Kuttabul.

 

 

c.

HMAS Penguin.

 

 

d.

HMAS Waterhen.

 

 

e.

HMAS Watson.

 

 

f.

Randwick Barracks.

 

 

g.

Fleet Base East.

 

 

h.

Victoria Barracks Sydney.

 

Trial member has the meaning given in section 7.8.4A.

 

Change affected trial member means a member who meets all of the following.

 

a.

They were a trial member who was sharing with another trial member (the leaving member).

Note: Trial member is defined in section 7.8.4A.

 

b.

The leaving member ceased being a trial member because they vacate the home for any of the following reasons.

 

 

i.

They gained accompanied resident family.

 

 

ii.

For a Service reason.

 

c.

They remain in the home they were receiving rent allowance for before immediately the leaving member vacated the home.

 

Omit “Definition – sharing”, substitute “Sharing”.

 

Insert:

 

Trial member means a member to whom all of the following apply.

 

a.

They have been approved to participate in the Sydney share-arrangement rental trial under section 7.8.4B.

 

b.

They are living in a home for which rent allowance is payable.

 

c.

The home is in the housing benefit location, which is not an extended housing benefit location, of a trial location.

 

d.

They are sharing the home with up to 2 trial members.

 

e.

They are not sharing a home with a person who is not a trial member.

 

f.

They are not on a flexible service determination.

 

g.

They enter a share-arrangement on or before 31 December 2027.

 

Note: The rent ceilings for a trial member are provided in section 7.8.11B.

1.

A member is approved to participate in the Sydney share-arrangement rental trial if the decision maker is satisfied that the member meets all of the following.

 

a.

They are posted to a trial location.

 

 

Note: A member is posted to an establishment once the posting order is issued, even if the member has not commenced the posting.

 

b.

They are posted to any of the establishments, including a combination of establishments, for at least 12 months from when the new sharing arrangements start.

 

c.

They do not have any of the following.

 

 

i.

Resident family.

 

 

ii.

Recognised other persons.

 

d.

The member is expected to start a new sharing arrangement in a home with any of the following when they start to share.

 

 

i.

A member approved to participate in the Sydney share-arrangement rental trial.

 

 

ii.

A trial member.

 

 

Note: All trial members must be subject to a lease with either the property owner or a head tenant.

2.

A member cannot be approved to participate in the Sydney share-arrangement rental trial after 31 December 2027.

3.

For the purpose of this section, decision maker means any of the following.

 

a.

An employee of Defence Housing Australia who performs the any of the following duties.

 

 

i.

Team Leader in a Housing Contact Centre.

 

 

ii.

Housing Specialist in a Housing Contact Centre.

 

 

iii.

Housing Contact Centre Quality Assurance Manager.

 

 

iv.

Regional Operations Manager in a Regional Office.

 

 

v.

Complex Task Consultant in a Housing Contact Centre.

 

b.

Executive Director Relocations and Housing.

 

c.

Director Relocations and Housing.

 

d.

Assistant Director Relocations and Housing.

 

e.

A person not below an APS 6 working in the Directorate of Relocations and Housing.

 

A member ceases to be a trial member if any of the following apply.

 

a.

They cease to meet the requirements of a trial member.

 

b.

They become a member with any of the following.

 

 

i.

Resident family.

 

 

ii.

Recognised other persons.

 

Insert:

1.

This section applies to a member who is a trial member.

2.

The member’s rent ceiling is one of the following.

 

a.

If the member is sharing with one other trial member — 80% of the amount specified in Annex 7.E Part 2.1.

 

b.

If the member is sharing with 2 other trial members — 65% of the amount specified in Annex 7.E Part 2.1.

 

Note:  The member’s contribution used to calculate rent allowance is the same as if the member was not a trial member.

1.

This section applies to a change affected trial member (the remaining member) and all the following apply.

 

a.

The remaining member was sharing with another trial member (the leaving member).

 

b.

The leaving member ceased being a trial member because they vacate the home for any of the following reasons.

 

 

i.

They gained accompanied resident family.

 

 

ii.

They were required to vacate the home they were sharing with the remaining member for a Service reason.

 

c.

The remaining member remains in the property for which the remaining and the leaving member were receiving rent allowance.

2.

The remaining member’s rent ceiling is the amount in subsection 3 and is payable for the shorter of the following.

 

a.

The period until the leaving member is replaced by another trial member.

 

b.

The longer of the following from the day after the leaving member stopped being a trial member.

 

 

i.

28 days.

 

 

ii.

A longer period set by the decision maker after considering the circumstances of the remaining member that is not more than 90 days.

3.

The member’s rent ceiling is one of the following.

 

a.

If the member is no longer sharing with other trial member — 160% of the amount specified in Annex 7.E Part 2.1.

 

b.

If the member is sharing with 1 other trial member — 97.5% of the amount specified in Annex 7.E Part 2.1.

 

Note:  The member’s contribution used to calculate rent allowance is the same as if the member was not a trial member.

4.

In this section, decision maker means any of the following.

 

a.

An employee of Defence Housing Australia who performs the any of the following duties.

 

 

i.

Team Leader in a Housing Contact Centre.

 

 

ii.

Housing Specialist in a Housing Contact Centre.

 

 

iii.

Housing Contact Centre Quality Assurance Manager.

 

 

iv.

Regional Operations Manager in a Regional Office.

 

 

v.

Complex Task Consultant in a Housing Contact Centre.

 

b.

Executive Director Relocations and Housing.

 

c.

Director Relocations and Housing.

 

d.

Assistant Director Relocations and Housing.

 

e.

A person not below an APS 6 working in the Directorate of Relocations and Housing.

 

Add:

 

d.

A change affect trial member as defined in section 7.8.2A.

 

e.

A trial member as defined in section 7.8.4A.

 

 

Repeal paragraph a, substitute:

 

a.

If the child is living in Australia — they meet all of the following.

 

 

i.

They are a child, as defined in section 1.3.35.

 

 

ii.

They are under 18 years of age.

 

Omit “they an”, insert “they are an”.

 

Repeal the subsection, substitute:

 

Note: Section 15.3.15 applies to a dual serving couple and identifies which member is eligible for the reunion travel benefits. The member who is not eligible for the benefits may be a recognised partner under paragraph 1.b or 1.c.

2.

For the purpose of paragraph 1.c, a person may be a recognised partner if they meet all of the following.

 

a.

They are the partner of a member who is eligible for the reunion travel benefits under this Division.

 

b.

The person would be a dependant under subsection 12.3.5.1 if they lived with the member in the member’s posting location.

 

Repeal the section, substitute:

 

A reunion travel benefit includes any of the following.

 

a.

Return air travel that meets all of the following.

 

 

i.

It is at economy class.

 

 

ii.

It meets the allowable travel cost as provided under section 12.3.3.

 

b.

Return rail travel.

 

c.

Return coach travel.

 

Note: The member is not eligible for accommodation, meal or incidental costs during reunion travel.

 

Omit “a location that is not in Australia or the posting location”, substitute “another overseas location”.

 

After “at the posting location”, insert “by Defence”.

 

Repeal the paragraph, substitute:

 

a.

If the eligible person is travelling — one of the following.

 

 

i.

A reunion travel benefit between the location under paragraph 1.a and the member’s posting location.

 

 

ii.

A reunion travel benefit between Australia and a location in another overseas country where they will reunite with the member.

Note: Only the allowable travel costs for the eligible person to the other overseas country will be covered.

 

 

Note: Travel under this paragraph cannot be to an overseas posting location where eligible persons are not permitted by Defence.

 

Insert:

 

c.

If both the member and the eligible person are travelling — a reunion travel benefit for the eligible person between their location and a location in another country where they will reunite with the member.

Note: Only the allowable travel costs for the eligible person to the other overseas country will be covered. The travel undertaken by the member will be at their own cost.

 

Note: To avoid doubt, a reunion travel benefit taken under this section reduces the number of reunion travel benefits a member is eligible for under section 15.3.17G.

 

After “benefit”, insert “to Australia”.

 

Add:

 

 

iii.

The member receives education assistance under Part 6 Division 4 for their dependent child.

 

Omit “who is on a long-term posting overseas in another location”, substitute “who lives in another location overseas”.

 

Add:

 

 

vi.

The member has a recognised partner or a dependent child living in the posting location and no eligible persons living in Australia.

Note: This subparagraph applies to reunion travel benefits taken under section 15.3.17H.

 

Omit “taken under”, insert “or reunion travel benefit taken under section 15.3.17,”.

 

Repeal the section, substitute:

1.

A partner of a member is accompanied resident family of a member if any of the following apply to the partner.

 

a.

They live in a home with the member on a permanent basis.

 

b.

They are reasonably expected to live in a home with the member.

 

c.

If they are not an Australian citizen or the holder of a permanent visa, they live in a home with the member and the CDF is satisfied that they meet one of the following.

 

 

i.

They hold a temporary visa that is expected to lead directly to the grant of a permanent visa.

 

 

ii.

They have applied for a temporary visa that is expected to lead directly to the grant of a permanent visa.

2.

In this section, the following apply.

 

Decision maker means any of the following in the member's direct chain of command.

 

a.

Commanding Officer.

 

b.

Officer Commanding.

 

c.

Unit Executive (Air Force only) not below the rank of Squadron Leader.

 

Permanent visa has the same meaning as given in the Migration Act 1958.

 

Temporary visa has the same meaning as given in the Migration Act 1958.

 

Omit the paragraph, substitute:

 

c.

If the member's Officer Aviation increment is equal to or above the maximum increment for the member's rank, gaining pathway and competency stream, the member continues to hold their Officer Aviation increment.

 

Repeal the definition.

 

Omit “b. One of”, substitute “c. One of”.

 

Repeal the paragraph, substitute:

 

 

v.

Senior Case Manager.

 

 

vi.

Executive Director Relocations and Housing.

 

After “removal”, insert “of furniture and effects under Chapter 6 Part 5 Division 2”.

 

Repeal the table item, substitute:

 

2.

The member is on a nonworking period or leave without pay.

11.00

16.00

23.00

 

 

After “in limited”, insert “circumstances”.

 

Omit “temporary accommodation”, substitute “living-in accommodation”.

 

Repeal the section, substitute:

1.

This section applies to a member who is directed to occupy living-in accommodation at the posting location.

2.

The member is eligible for the reimbursement of one of the following amounts.

 

a.

If meals are not provided or not available to purchase at the living-in accommodation — the lesser of the following for each day.

 

 

i.

The daily amount for each day set out in Annex 13.3.A.

 

 

ii.

The costs the member incurs for their meals on a day.

 

b.

If all of the following apply — the amount the member paid for meals at the living-in accommodation.

 

 

i.

The member is maintaining a home for recognised dependants at the overseas posting location.

 

 

ii.

Meals are provided or available to purchase at the living-in accommodation.

 

 

 

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 a long-term posting overseas between 5 June 2025 and the commencement of Schedule 4 of this Determination and all of the following apply.

 

a.

The member would have been eligible for reunion travel benefits had the changes made by Schedule 4 applied at the time.

 

b.

The member paid for a reunion travel benefit that they would have been eligible for under Division 3 of Part 3 of Chapter 15 of the Defence Determination.

2.

The member is eligible for the reimbursement of travel costs under section 15.3.17A, section 15.3.17B and section 15.3.17C of the Defence Determination as though this determination had been in force at the time.

3.

The number of reunion travel benefits that the member is eligible for under section 15.3.17G of the Defence Determination is reduced by the number of reunion travel benefits they are reimbursed for under subclause 2.