5. Defence

​A.  Overview

The legislative response to COVID-19 includes amendments to the conditions of service for Australian Defence Force (ADF) members. These amendments include provisions for evacuations of personnel from high-risk locations, enabling the ADF to respond to COVID-19 when a member is in isolation, changes to food allowances, extending benefits for deceased members who have had a funeral while COVID-19 restrictions have been in place, and to extend removal and storage benefits.
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On 1 April 2020, the establishment of “Operation COVID-19 ASSIST” was announced. Its role is to coordinate and deliver the military aspects of the ADF’s support to civilian agencies. Further information can be found on the Army website.

B.  Legislation

​Commonwealth:
Made under the Defence Act 1903 (Cth):
  • Defence Determination 2016/19, Conditions of service amended by:
    • Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 6): to enable the Australian Defence Force (ADF) to respond to COVID-19, particularly in relation to a member and their family posted overseas, by providing a bespoke set of conditions for ADF members in, or who have been evacuated from, high-risk locations. The conditions set out in this determination generally reflect those provided by the Department of Foreign Affairs, which has led the Whole of Government response in relation to Australian Government officials posted overseas.
    • Defence Determination, Conditions of Service Amendment (COVID-19 response) Determination 2020 (No. 7): to enable the ADF to respond to COVID-19, particularly in relation to: a member of the Reserves who is absent from their place of duty when they are required to isolate from the workplace, a member of the ADF and their family who have been evacuated from an overseas location and are required to isolate, a member who is on a long-term posting overseas and their dependants who are in Australia and unable to return to the posting location.
    • Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 8): to amend provisions relating to the availability of short absences from duty that relate to COVID-19 and the provision of food allowance. The amendments bring the provisions in line with general community standards, while also noting the uniqueness of military service. It also amends benefits provided to ADF members and their families being evacuated from overseas posting locations and places of duty in response to changes made by the Department of Foreign Affairs and Trade and to makes minor technical amendments.
    • Defence Determination, Conditions of Service Amendment (COVID-19 response) Determination 2020 (No. 9): to extend benefits for certain deceased members and deceased former members who have had a funeral while COVID-19 restrictions have been in place to provide a memorial service after the restrictions have been relaxed and to further adjust conditions of service for members on long-term postings overseas to match those of the Department of Foreign Affairs and Trade. This amendment relates to the accrual of leave related to postings in hardship locations.
    • Defence Determination, Conditions of service amendment Determination 2020 (No. 10): to extend removal and storage benefits from 12 months to 24 months for a member of the Australian Defence Force who ceases continuous full-time service and to contemporise the related sections to align with drafting standards; to change some position titles of those who can make decisions relating to benefits for a member with a dependant with special needs; and to include a posting index location, benchmark schools and hardship locations conditions of service for a new posting location: New Caledonia. New Caledonia is a new posting location and is required to be specified in the principal determination, for the purpose of providing benefits to members and their dependants posted to the new location.

C.  Case law

​This is an area of substantive law that may result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.