Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination (No. 3) 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 7 March 2025

Sarah McGregor

Acting Director General
People Policy and Employment Conditions
Defence People Group

 

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Rent allowance for sharing and boarding amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Additional travel benefit

Defence Determination 2016/19, Conditions of service

Schedule 3—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Transitional provisions

 

 

This instrument is the Defence Determination, Conditions of service Amendment Determination (No. 3) 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 4

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Note:  This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


 

Before subsection 1, insert:

1A.

In this Part, a member is sharing a home if all of the following are met.

 

a.

All of the occupants of the home are leasing or subleasing the home from the owner of the home.

 

b.

The owner of the home does not reside in the home. 

 

After the section, insert:

 

In this Part, a member is boarding in a home if all of the following are met. 

 

a.

The member is paying the owner of the home rent to occupy a room.

 

b.

An owner of the home resides in the home. 

 

Note: To avoid doubt, this does not include a boarding house or commercial establishment.

 

Omit “rental”.

 

Repeal the subsection substitute:

2.

The rent ceiling for a member whose living arrangement is in an item in column A of the following table is the amount specified by the reference that applies to the members rank and location in column B of the same item.

 

Item

Column A

Member’s living arrangement

Column B

Rent ceiling

1.

The member lives alone.

The amount set out in Annex 7.E Part 2.1.

2.

The member shares, or boards in, a home with 1 other person.

The amount set out in Annex 7.E Part 2.2.

3.

The member shares, or boards in, a home with 2 other people.

The amount set out in Annex 7.E Part 2.3.

4.

The member shares, or boards in, a home with 3 other people.

The amount set out in Annex 7.E Part 2.4.

5.

The member shares, or boards in, a home with 4 or more people.

The amount calculated in subsection 2A.

6.

The member is a tenant in a boarding house.

The amount set out in Annex 7.E Part 2.3.

 

2A.

For the purpose of subsection 2 table item 5, the member’s rent ceiling is calculated using the following formula.

 

Start forumla rent ceiling amount equals A plus open bracket start fraction A over 10 end fraction times B close bracket divisded by C end forumla

 

Where:

 

A

is the amount set out in Annex 7.E Part 1.

 

B

Is the number of additional bedrooms after the third bedroom.

 

C

is the number of residents.

 

Repeal the table items, substitute:

 

2.

A member who has no resident family and no recognised other persons

Member is not sharing a rented home.

Annex 7.D Part 2 column B.

Member meets one of the following.

a.  They are sharing a rented home with 1 person.

b. They are boarding in a private home with 1 other person.

Annex 7.D Part 2 column C.

Member meets one of the following.

a.  They are sharing a rented home with 2 or more people.

b. They are boarding in a private home with 2 or more people.

c. They are boarding in a commercial establishment.

Annex 7.D Part 2 column D.

 

 

Omit “rent is taken to be the lower of these amounts”, substitute “rent means the lower of the following amounts”.

 

Repeal the section, substitute:

1.

This section applies to a member who meets all of the following.

 

a.

They are eligible for rent allowance.

 

b.

Their contribution is set by table item 2 of subsection 7.8.17.2.

 

c.

They are sharing a home.

2.

The fortnightly rate of rent allowance is calculated using the following formula.

 

Start formula fortnightly rate of rent allowance equals open bracket start fraction A over B end fraction close bracket minus C end formula

 

 

Where:

 

 

A

is the fortnightly rate of rent.

Note:  This the rate of rent payable for the property, not the member’s portion.

 

 

B

is the number of people, including the member, sharing the home.

 

 

C

is the fortnightly contribution set by table item 2 of subsection 7.8.17.2.

3.

If a visitor to the house who is 18 years or older stays in the home for 4 weeks or more, the following apply.

 

a.

If the visitor has no permanent home, the member’s rent allowance must be recalculated based on the visitor living in the home from the first day of the visitor’s stay.

Note 1:  Rent allowance is based on the contribution a member is required to make under section 7.8.17 and their rent ceiling under section 7.8.10.

Note 2:  If the visitor has a permanent home at another location, the visitor is not taken to be living in the home and therefore will not affect the member’s rent allowance.

 

b.

The member must inform the Defence Housing Australia Contact Centre in writing that the person will be living in the home for longer than 4 weeks.

4.

If subsection 3 applies, after considering all of the circumstances in which the person is living in the home, the CDF can decide that the person is not sharing the home for the purpose of calculating the members rent allowance under subsection 2.

1.

This section applies to a member who meets both these conditions.

 

a.

They are eligible for rent allowance.

 

b.

Their contribution is set by table item 2 of subsection 7.8.17.2.

 

c.

They are boarding.

2.

This section does not apply to a member who has no resident family but has recognised other persons.

3.

The fortnightly rate of rent allowance is calculated using the following formula.

 

start formula rent allowance equals A minus B end formula.

 

Where:

 

A

is the lower of the following.

 

 

a.

The fortnightly boarding fee paid by the member.

 

 

b.

The rent ceiling under section 7.8.10.

 

B

is the member’s contribution set out in Division 3.

 

Note: If the outcome is zero or less, the rate of rent allowance payable is $0.

4.

If a visitor to the house who is 18 years or older stays in the home for 4 weeks or more, the following apply.

 

a.

If the visitor has no permanent home, the member’s rent allowance must be recalculated based on the visitor living in the home from the first day of the visitors stay.

Note 1:  Rent allowance is based on the contribution a member is required to make under section 7.8.17 and their rent ceiling under section 7.8.10.

Note 2:  If the visitor has a permanent home at another location, the visitor is not taken to be living in the home and therefore will not affect the member’s rent allowance.

 

b.

The member must inform the Defence Housing Australia Contact Centre in writing that the person will be living in the home for longer than 4 weeks.

 

Omit “item 3 or item 4”, substitute “items 3, 4, 5 or 6”.

 

Omit ” 3 other people”, substitute “more other people”.

 


 

After the section, insert:

1.

This section applies to a member who meets any of the following.

 

a.

They were on a longterm posting overseas and all of the following apply.

 

 

i.

Their posting is extended or they are posted on a consecutive longterm posting overseas.

 

 

ii.

Their dependant will join them at the overseas posting location.

 

b.

They were on shortterm duty overseas and all of the following apply.

 

 

i.

They are posted on a longterm posting overseas after their shortterm duty ends.

 

 

ii.

Their dependant will join them at the overseas posting location.

 

Note:  Section 12.3.5 provides the minimum period the member’s dependant must live, or intend to live, with the member at the posting location.

2.

The member is eligible for travel to the overseas posting location under subsection 14.4.17.3 for their dependant.

3.

If the dependant travels to the overseas posting location at personal expense, the benefit under subsection 2 is provided by reimbursement.

4.

All of the following apply to travel under this section.

 

a.

It must not be undertaken before, or more than 12 months after, the date of effect of the member’s posting order.

 

b.

It does not include rest periods.

 

Repeal the Division, substitute:

 

This Division provides a member and their dependant an additional travel benefit to provide respite from the overseas location and to reconnect with family and friends in Australia when a member's long-term posting overseas is extended or the member is posted for a consecutive longterm posting overseas.

 

In this Division, decision maker means the Director Defence Print and Travel Services.

1.

Travel under this Division must be taken within the following periods.

 

a.

If Subdivision 2 applies — between the following days.

 

 

i.

The day that is 3 months before the day that the member’s current long-term posting overseas is expected to end.

 

 

ii.

The day that is 3 months after the day that the member’s extended posting period overseas or consecutive posting period overseas starts.

 

b.

If Subdivision 3 applies — between the following days.

 

 

i.

The day the member’s posting period overseas ends at their current posting location.

Note: To avoid doubt, only for the purposes of the additional travel benefit, the member or their dependant must not remain at the current posting location after the day the member’s posting period overseas ends. If section 14.4.17 applies to the dependant, they may remain at the overseas posting location, but would not be eligible for any other benefit.

 

 

ii.

The day before the member’s posting period overseas starts at their next posting location.

Note: To avoid doubt, the member or their dependant must not arrive at the next posting location before the member’s posting period overseas starts.

 

Note 1:  Section 12.3.16 provides the definition of posting period overseas.

Note 2: The member must be on leave for any period of absence from duty.

Note 3: A member’s dependant may travel separately to the member on any leg of a journey.

2.

The following persons may travel outside of the period specified in subsection 1 if the CDF is satisfied that it is reasonable.

 

a.

If Subdivision 2 applies — the member and their dependant, travelling either together or separately.

 

b.

If Subdivision 3 applies — the member and their dependant, if the travel meets all of the following.

 

 

i.

The travel occurs on or before the day set by subparagraph 1.b.i.

 

 

ii.

The travel occurs on or after the day set by subparagraph 1.b.ii.

 

Note: This subsection does not apply to a dependant who is travelling separately to the member under section 14.4.17.

3.

For the purpose of subsection 2, the CDF must consider all of the following.

 

a.

The reason the travel could not occur during the specified period.

 

b.

The welfare of the member and the dependant.

 

c.

The member’s work commitments over the next 6 months.

 

d.

The travel’s potential costs or savings to Defence.

 

If travel under this Division is booked by the member, the benefit is provided by reimbursement.

 

This Subdivision applies to a member on a long-term posting overseas who is required to remain in the same posting location for an additional 12 months or more.

Note:  This may be due to an extension of their current posting, or a consecutive posting to the same location.

1.

The member is eligible for the allowable travel costs for all of the following for themself and their dependant.

 

a.

Economy class travel from one of the following locations to a location in Australia.

 

 

i.

The member’s posting location.

 

 

ii.

If the decision maker is satisfied that the travel is within the wholeofAustralianGovernment international best fare policy — any other overseas location.

Note 1: Approval must be obtained before booking travel under this subparagraph.

Note 2: The member is only eligible for the cost of travel up to the amount which would have been paid had the travel been from the posting location.

 

b.

Economy class travel from the location in Australia to the member’s posting location.

2.

If the member’s posting location is a hardship location, they are eligible for the excess baggage benefit under section 16.4.7.

 

This Subdivision applies to a member on longterm posting overseas who is posted for a consecutive posting for 12 months or more to a different overseas posting location.

1.

The member is eligible for the travel costs for all of the following for themself and their dependant.

 

a.

Business class travel from one of the following locations to a location in Australia.

 

 

i.

The member’s posting location.

 

 

ii.

If the decision maker is satisfied that the travel is within the wholeofAustralianGovernment international best fare policy — any other overseas location.

Note 1: Approval must be obtained before booking travel under this subparagraph.

Note 2: The member is only eligible for the cost of travel up to the amount which would have been paid had the travel been from the posting location.

 

b.

Business class travel from the location in Australia to the member’s next posting location.

2.

A member who is travelling under this Subdivision is eligible for all of the following.

 

a.

Excess baggage under section 14.4.11.

 

b.

For travel under paragraph 1.b — rest periods under Chapter 14 Part 4 Division 3.

 

Omit “section 15.3.38”, substitute “Chapter 15 Division 7 Subdivision 2”.

 

 

Omit “Navy h”, substitute “Navy at”.

 

Repeal the subsection, substitute:

5.

Subject to subsection 5A, a member who holds an employment category listed in subsection 4 becomes an Officer Aviation member on the day after they meet all of the following.

 

a.

They are promoted under paragraph 13(1)(a) of the Defence Regulation to a rank between Flight Lieutenant and Group Captain.

 

b.

They are paid at one of the following increments in Schedule B.3 of DFRT Determination No. 2 of 2017.

 

 

i.

If they are an officer who is promoted to the rank of Flight Lieutenant — increment O3 – 5.

 

 

ii.

If they are an officer who is promoted to the rank of Squadron Leader — increment O4 – 2.

 

 

iii.

If they are an officer who is promoted to the rank of Wing Commander — increment O5 – 1.

 

 

iv.

If they are an officer who is promoted to the rank of Group Captain — increment O6 – 1.

 

c.

They are in one of the following pay grades in Part 4 of Schedule B.2 of DFRT Determination No. 2 of 2017.

 

 

i.

If they are in a legacy employment category — pay grade 10.

 

 

ii.

If they are in a competency progression employment category — pay grade 5, 6, 7, 8 or 9.

 

Omit “of J40”, substitute “or J40”.

 

Repeal the note, substitute:

 

 

Note: A member who takes more than 21 consecutive days of leave without pay does not provide effective service for the entire period of leave.

 

Repeal the note, substitute:

 

 

Note: A member who takes more than 21 consecutive days of leave without pay does not provide effective service for the entire period of leave.

 

Omit “all”, substitute “the longer”.

 

Omit “given”, substitute “made”.

 

Omit “given”, substitute “made”.

 

Repeal the subsection, substitute:

1.

This Division applies to a member who completes the longer of the following between 1 July 2025 and 30 June 2028.

 

a.

Seven years of effective service.

 

b.

A service obligation imposed on them when they last joined the Permanent Forces and an additional 3 years of effective service in the Permanent Forces.

 

Omit “given”, substitute “made”.

 

Omit “given”, substitute “made”.

 

Repeal the subsection, substitute:

2.

For the purpose of subsection 9.3.9.2, the place where the partner lived when they became the member’s resident family is taken to be the person’s point of entry into Australia.

3.

In this section, a person’s point of entry into Australia means the international terminal in Australia that is closest to the member’s housing benefit location that has flights available from the person’s normal country of residence, either direct or indirect.

 

Omit “AUD 31.30”, substitute “AUD 31.60”.

 

Omit “AUD 1,141.80”, substitute “AUD 1,694”.

 

Omit “AUD 5.00”, substitute “AUD 7.70”.

 

Omit “AUD 5”, substitute “AUD 7.70”.

 

Omit “AUD 290”, substitute “AUD 277.20”.

 

Omit “AUD140”, substitute “AUD 150”.

 

After table item 9, insert:

 

9A.

Djibouti

 

Item

Provision

Omit

Substitute

1.

Subsection 1.2.5A.2

Both the following

All of the following

2.

Section 1.3.3

both of the following circumstances

all of the following

3.

Subsection 1.3.6.1 (table item 9, column A)

either

any

4.

Section 1.3.11

both

all

5.

Subsection 1.5.3.1

both these conditions

all of the following

6.

Subsection 1.5.4A.1

either of the following reasons

any of the following

7.

Subsection 1.5.7.2

either

any

8.

Subsection 1.6.1A.1

either of the following reasons

any of the following

9.

Subsection 1.6.3.3

Both these conditions

All of the following

10.

Subsection 1.6.4.1

either of these parties

one of the following

11.

Paragraph 1.6.4.1.b

both these conditions

all of the following

12.

Subsection 1.7.5.1

both

all

13.

Subsection 1.7.6.2

either

one

14.

Subsection 1.7.7.1

either

any

15.

Subsection 1.7.7.2

both of the following amounts

all of the following

16.

Subsection 1.7.16.4

both

all

17.

Paragraph 1.7.16.4.b

either

any

18.

Subsection 1.7.16.6

either

any

19.

Subsection 2.1.4.3

both the following

all of the following

20.

Subsection 2.3.22.1

either

one

21.

Paragraph 2.3.22.1.b

Both

All

22.

Subsection 3.2.8.1

both the following

all of the following

23.

Section 3.2.13 (table item 4, column C)

both 

all

24.

Subsection 3.2.36.2

both of the following conditions

all of the following

25.

Subsection 3.2.36.4

either of these conditions

any of the following

26.

Subsection 3.2.44.3

both 

all

27.

Subsection 3.2.46.4

both of the following conditions

all of the following

28.

Subsection 3.2.47E.3

both 

all

29.

Subsection 3.2.47G.2

either

one

30.

Paragraph 3.2.47G.2.b

either

any

31.

Subsection 3.2.47G.3

either

any

32.

Paragraph 3.2.47G.3.b

both 

all

33.

Subsection 3.2.47G.6

both 

all

34.

Subsection 3.2.47H.2

both 

all

35.

Subsection 3.2.47H.3

both 

all

36.

Paragraph 3.2.47I.2.c

either

any

37.

Paragraph 3.2.47I.2.d

either

any

38.

Subsection 3.2.47I.3

either

any

39.

Paragraph 3.2.47J.3.c

meets either

is any

40.

Subsection 3.2.47K.3

both 

all

41.

Subsection 3.2.47K.5

both 

all

42.

Paragraph 3.2.47K.5.b (table, heading to column 4)

either

one

43.

Subsection 3.2.47K.6

either

one

44.

Subsection 3.2.47L.2

both 

all

45.

Subsection 3.2.47L.3

both

all

46.

Subsection 3.2.47L.7

both

all

47.

Subsection 3.2.47N.1

both

all

48.

Subsection 3.2.47N.2

both

all

49.

Subsection 3.2.47N.3

both

all

50.

Paragraph 3.2.47O.3.c

either

one

51.

Paragraph 3.2.47R.1.b

either

any

52.

Paragraph 3.2.47S.3.b

both (wherever occurring)

all

53.

Paragraph 3.2.47S.3.ba

both

all

54.

Paragraph 3.2.47S.3.e

of either pilot officer

of pilot officer

55.

Paragraph 3.2.47S.3.e

either (second occurring)

one

56.

Paragraph 3.2.47S.4.b

both

all

57.

Subsection 3.2.47S.6

in either of the following

if one of the following applies

58.

Subsection 3.2.47U.2

either of the following apply

one of the following applies

59.

Subsection 3.2.56.1

both the following conditions

all of the following

60.

Subsection 3.2.56.2

both the following

all of the following

61.

Subsection 3.2.57.1

both the following conditions

all of the following

62.

Paragraph 3.6.3.a

either

one

63.

Subsection 3.6.6.2 (table items 2, 5 and 6, column headed “until”)

either

any

64.

Annex 3.6.A (form named “Information about the deliberately differentiated offer”, item 1)

either

any

65.

Subsection 4.4.11.2 (table items 2 and 3)

both

all

66.

Subsection 4.4.33.1

both

all

67.

Section 4.5.3

either of these conditions

one of the following

68.

Subsection 4.6.5.3

both the following

all of the following

69.

Subsection 4.6.7.1

either

one

70.

Paragraph 4.9.6.1.c (table item 8)

either

any

71.

Section 4.9.10

both of these criteria

all of the following

72.

Subsection 4.9.11.1

all of these criteria

all of the following

73.

Section 4.10.2

either

any

74.

Subsection 4.11.2.1

following conditions are met

following apply

75.

Paragraph 4.11.2.1.a

either

one

76.

Section 5.2.4

either

any

77.

Subsection 5.3.6.1

either

any

78.

Subsection 5.3.7.1

both the following conditions

all of the following

79.

Subsection 5.4.17.4

either of these

any of the following

80.

Subsection 5.4.44A.1

both

all

81.

Subsection 5.5.9.2

either

any

82.

Subsection 5.5.15.4

either of these

any of the following

83.

Subsection 5.5.26.6

Both the following

All of the following

84.

Subsection 5.5.27.1

either of these

any of the following

85.

Subsection 5.6.17.1

both of these conditions

all of the following

86.

Paragraph 5.6.26.1.b

either of these

any of the following

87.

Section 5.6.28

both these conditions

all of the following

88.

Subsection 5.6.32.2

both these conditions

all of the following

89.

Subsection 5.8.9.1

both the following conditions

all of the following

90.

Subsection 5.10.7.2

either of these

any of the following

91.

Section 5.11.13

either

any

92.

Subsection 5.11.18.1

both the following

all of the following

93.

Subsection 5.12.2.2

both of these criteria

all of the following

94.

Section 5.13.1

either of these events

any of the following

 

In this Schedule the following apply.

 

Defence Determination means Defence Determination 2016/19, Conditions of service.

 

Recognised other person has the same meaning given by section 1.3.37 of the Defence Determination as in force from time to time.

 

Resident family has the same meaning given my section 1.3.1 of the Defence Determination as in force from time to time.

 

Member without dependants has the same meaning given by section 1.3.94 of the Defence Determination as in force on 30 June 2023.

1.

This clause applies to a member who meets all of the following.

 

a.

They were a member who met any of the following.

 

 

i.

During the period 6 February 2020 and 30 June 2023 — they were a member without dependants.

 

 

ii.

During the period 1 July 2023 and the commencement of Schedule X of this Determination — they had no resident family or recognised other persons.

 

b.

They met any of the following.

 

 

i.

They were boarding in a commercial establishment or boarding house.

 

 

ii.

They were boarding in a private home with 1 or more other people.

2.

The member is eligible for the amount calculated using the following formula for each fortnight they were receiving rent allowance.

start formula amount payable equals A minus B end forumla.

 

 

Where:

 

 

A

is the contribution the member made towards the cost of their accommodation under section 7.8.17 of the Defence Determination as in force on the day the contribution was made.

 

 

B

is the contribution the member would have made towards the cost of their accommodation, had the changes made by Schedule 1 of this Determination applied at the time.

 

Note:  If the outcome is zero or less, the amount payable is $0.