Defence Determination 2016/19, Conditions of service

This Determination is the main authority for providing members and their families with benefits as a part of their conditions of service. It provides the legal basis for implementing conditions of service policies that support members and their families. Chapter 2 also provides some benefits to people applying to join the ADF in limited circumstances.

The Determination is broken up into chapters that deal with specific subject matters, as outlined below.

Chapter 1 provides information that applies across the determination, including advice on how the determination is to be read, definitions, technical rules, application and savings provisions, and obligations and responsibilities on people who receive benefits under the determination, such as providing notice of a change in circumstances that may affect eligibility for a benefit.

Chapters 2 to 11 generally provides benefits for members who are in Australia. Some benefits may also continue to apply to a member when they are providing service overseas, such as leave. In addition to specific benefits provided to members, Part 2 of Chapter 3 provides rules for the administration of salaries and salary-related allowances made by the DFRT. Many benefits are provided to members based on the composition of their families.

Chapters 12 to 16 provide benefits for members who are working overseas on short-term duty, as a consequence of a posting overseas, or on a peacetime deployment overseas. Members overseas may still be eligible to receive some benefits under chapters 1 to 11, depending on their individual circumstances.

Chapter 17 is specific to warlike and non-warlike deployments overseas. Members on a deployment overseas may still be eligible to receive some benefits under chapters 1 to 11, or chapters 12 to 16 depending on their individual circumstances.

Unless specified, benefits provided in this Determination only apply to members on continuous full-time service, which includes members in the Permanent Forces and members of the Reserves on service option (SERVOP) C.

Part 2: Technical rules and savings provisions

Division 1: Technical rules

Unless specified, rules provided in this Determination only apply to members on continuous full-time service.

If an approved form is specified in relation to a benefit, the member must complete and submit the approved form in accordance with any instructions on it.

1. For the purpose of the Australian Privacy Principles, as provided in schedule 1 of the Privacy Act 1988, Defence is authorised to collect, use and disclose personal information and sensitive information necessary or required for the administration of benefits provided to a member under this Determination and salary and allowances provided under Determinations made by the DFRT.

2. For the purpose of clarity, the administration of benefits includes, but is not limited to, the following:

a. The granting of benefits.

b. Reviewing decisions made with respect to benefits.

c. Conducting audits of benefits provided to a member.

d. Providing advice about the availability of benefits.

3. For the purpose of the Australian Privacy Principle 8, as provided in schedule 1 of the Privacy Act 1988, Defence is authorised to disclose personal information and sensitive information to an overseas recipient as necessary or required for the administration of benefits provided to a member under this Determination.

Division 2: Transitional, savings and application provisions

Subdivision 1: General

In this Division, the following apply, unless a contrary intention appears.

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

Subdivision 2: Transitional matters relating to Defence Determination, Conditions of service Amendment Determination (No. 10) 2025

1. This clause applies to a member who met all of the following immediately before the commencement Schedule 2 of this amending determination.

a. They were eligible for one of the following.

i. Paid maternity leave under Part 6 of Chapter 5 of the Defence Determination.

ii. Paid parental leave under Part 7 of Chapter 5 of the Defence Determination.

b. The leave under paragraph a is in relation to a child that was born on or before 10 September 2025.

2. Despite the changes made by Schedule 2 of the amending determination, the provisions that applied to the member immediately before the commencement of the amending determination continue to apply.

3. In this section, the amending determination means Defence Determination, Conditions of service Amendment Determination (No. 10) 2025, as in force from time to time.

Subdivision 3: Transitional matters relating to Defence Determination, Conditions of service Amendment Determination (No. 16) 2025

1. This clause applies to a member who was eligible for the reimbursement of excess commuting costs under section 15.3.8 of the Defence Determination immediately before the commencement of Schedule 3 of the amending determination.

2. Despite the changes made by item 1 of Schedule 3 of the amending determination, the provision set out in section 15.3.8 that applied immediately before the commencement of Schedule 3 of the amending determination continues to apply until the earlier of the following dates.

a. The day the member's long-term posting ceases.

b. 30 June 2027.

3. In this section, the amending determination means Defence Determination, Conditions of service Amendment Determination (No. 16) 2025, as in force from time to time.

Subdivision 4: Transitional matters relating to Defence Determination, Conditions of service Amendment Determination (No. 17) 2025

1. This section applies to a member if all of the following apply.

a. The member is undertaking travel to which section 13.2.5C applies.

b. The member's travel was booked before the amending determination commenced.

2. Despite section 13.2.5C, the member continues to be eligible to travel in business class for the booked travel.

3. In this section, the amending determination means Defence Determination, Conditions of service Amendment Determination (No. 17) 2025.

Subdivision 5: Transitional matters relating to Defence Determination, Conditions of service Amendment Determination (No. 18) 2025

In this subdivision, amending determination means Schedule 1 of Defence Determination, Conditions of service Amendment Determination (No. 18) 2025.

If the member's military employment classification changed to J34, J40 or J41 12 months or less before the commencement of Schedule 1 of the amending determination, the following sections apply to the member as though they were in force at the time they were given a military employment classification of J34, J40 or J41.

a. Section 3.4.12.

b. Section 3.4.17.

If a member was made an offer of a continuation bonus before the commencement of Schedule 1 of the amending determination, section 3.3.3 and section 3.4.6, as in force immediately before the commencement of the amending determination, apply.

Subdivision 6: Transitional matters relating to Defence Determination, Conditions of service Amendment Determination (No. 1) 2026