Defence Determination, Conditions of service Amendment (Parental Leave Pay) Determination (No. 19) 2026

Contents

1Name#

This instrument is the Defence Determination, Conditions of service Amendment (Parental Leave Pay) Determination (No. 19) 2026.

2Commencement#

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 and 2.	5 November 2026

Note: This table relates only to the provisions of this instrument as originally made.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

3Authority#

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

4 Schedules #

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 · amendments

Defence Determination 2016/19, Conditions of service #

1	Chapter 8, heading
	Repeal the heading and substitute:

This Chapter provides benefits to families to help support the family and their needs as a consequence of the member’s requirement to serve.

Part 4 provides education assistance to members for their children to assist with additional costs caused as a consequence of a posting within Australia.

Part 5 provides emergency support to the families of members to support their well-being while the member is absent on duty and during emergency situations..

Part 6 provides assistance to a member who has resident family or recognised other persons who has been recognised as having special needs.

Parts 7 and 7A provides assistance to family members and nominated persons to attend courts of inquiry and a Royal Commission by way of providing assistance with travel, accommodation, meals and incidental expenses.

Part 8 establishes the partner employment program, which assists the partners of members by reimbursing certain costs associated with professional employment and training services to support the employability of partners.

Part 9 establishes the ADF family health program, which provides families of members the ability to be reimbursed some of the costs of health services.

Part 9A provides assistances to the families of members who have accompanied a member on a long-term posting overseas and returned to Australia. The provisions enable the family member to recover costs for the testing for communicable diseases that are rare in Australia that the family member may have contracted while at the posting location. The Part also provides for the cost of travel to the medical facility where the testing occurs.

Part 10 establishes the Reserve assistance program, which provides members of the Reserves and their families with access to professional counselling services outside of what is available to members of continuous full-time service.

Part 11 provides a member with parental leave pay as a consequence of the member being on a long-term posting overseas, or accompanying an Australian government employee on an overseas posting. Parental leave pay may be paid to the member while overseas, or after they return to Australia.

2	After Part 10 of Chapter 8
	Insert:

This Part provides parental leave pay to members who are or were on a long-term posting overseas for more than 56 weeks and during that posting they or their partner give birth to, or adopt, a child. This Part also provides benefits to members who have accompanied an Australian Government employee on an overseas posting.

The Part allows for the commencement or continuation of the parental leave pay after the member has returned to Australia.

To be eligible for parental leave pay, the member must meet certain criteria, including applying for parental leave pay, and the CDF or a decision maker being satisfied that the member meets the income test and the primary carer test (see Division 2). There are particular rules about when a member can apply for parental leave pay (see section 8.11.8)

There are specific provisions that deal with parental leave pay for multiple births and when a member might be eligible for parental leave pay in connection with the birth or adoption of more than one child at the same time (see section 8.11.11).

Parental leave pay is paid in accordance with Division 3 every fortnight for a specified duration. There are certain events that may end parental leave pay early (see section 8.11.15).

A member is not eligible for parental leave pay under this Part if the member is receiving, or has received, parental leave pay under the Paid Parental Leave Act 2010 (PPL Act) in connection with the same child. If the member or their partner subsequently receive parental leave pay under the PPL Act, they will be required to repay any amount they have received under this Part (see section 8.11.17).

	In this Part the following apply.
	Accompanying partner has the meaning given in section 8.11.3.
	Adoption means any of the following.
	a.	An adoption under Australian law.
	b.	An adoption under the law in force in another country other than Australia that is recognised under Australian law.
	Birth of a child includes the birth of a stillborn child.
	Decision maker means a person in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts who meets any of the following.
	a.	They hold a rank not below Warrant Officer Class 2.
	b.	They hold an APS classification level of not below APS5.
	Income test has the meaning given in section 8.11.4.
	PPL Act means the Paid Parental Leave Act 2010.
	Primary carer has the meaning given in section 8.11.5.
	Primary carer test has the meaning given in section 8.11.6.
	Special category visa has the same meaning given in the Migration Act 1958.

1.	The accompanying partner of a member on a long-term posting overseas is the partner of an accompanied member, as defined in section 12.3.2.
2.	The accompanying partner of an Australian Government employee posted overseas, is a member who is the partner of and lives with the Australian Government employee in the location the Australian Government employee is posted.

1.	A member who has an accompanying partner satisfies the income test if any of the following apply.
	a.	Any of the following have an individual adjusted taxable income of less than $186,487 for the financial year immediately before the birth or adoption of the child.
		i.	The member.
		ii	The member’s accompanying partner.
	b.	The combined adjusted taxable income of the following was less than $386,525 for the financial year immediately before the birth or adoption of the child.
		i.	The member.
		ii.	The member’s accompanying partner.
2.	A member who is an accompanying partner satisfies the income test if any of the following apply.
	a.	Any of the following have an individual adjusted taxable income of less than $186,487 for the financial year immediately before the birth or adoption of the child.
		i.	The member.
		iii.	The Australian Government employee on an overseas posting who the member is accompanying.
	b.	The combined adjusted taxable income of the following was less than $386,525 for the financial year immediately before the birth or adoption of the child.
		i.	The member.
		ii.	The Australian Government employee on an overseas posting who the member is accompanying.
3.	A member who is an unaccompanied member satisfies the income test if they have an individual adjusted taxable income of less than $386,525 for the financial year immediately before the birth or adoption of the child.

Primary carer means a person who meets all of the following.
a.	They are one of the following.
	i.	The member.
	ii	The member’s accompanying partner.
	iii.	The Australian Government employee on an overseas posting who the member is accompanying.
b.	If the person is not a member, one of the following applies.
	i.	An Australian citizen.
	ii.	An Australian permanent resident, or would be had they not accompanied the member on a long-term overseas posting.
	iii.	The holder of a special category visa, or would be had they not accompanied the member on a long-term overseas posting.
	iv.	The holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991, or would be had they not accompanied the member on a long-term overseas posting.
c.	They are a parent of the child.
d.	One of the following apply.
	i.	They intend to provide day to day care for the child for the duration parental leave pay is to be paid.
	ii.	If the child is stillborn, they intended to provide day to day care for the child for the duration parental leave pay is to be paid had the child not been stillborn.
Note: For the purpose of parental leave pay, the person who is the primary carer cannot change during the period parental leave pay is paid.

1.	A member who has an accompanying partner satisfies the primary carer test if one of the following applies to the primary carer at the time of the birth or adoption of the child.
	a.	They are not employed.
	b.	They are employed and on a type of leave or absence.
2.	A member who is an accompanying partner satisfies the primary carer test if the primary carer is on a type of leave or absence on the day the child is born or adopted.
3.	A member who is an unaccompanied member satisfies the primary carer test if the member is on a type of leave or absence on the day the child is born or adopted.

This Part applies to a member who meets one of the following.
a.	They are on a long-term posting overseas and have been outside of Australia for 56 weeks or more.
b.	They have been outside of Australian for 56 weeks as an accompanying partner.
c.	They meet all of the following.
	i.	Immediately before their current posting, they were on a long-term posting overseas.
	ii.	The member’s child was born or adopted while the member was on a long-term posting overseas.
d.	They meet all of the following.
	i.	Immediately before their current posting, they were an accompanying partner.
	ii.	The member’s child was born or adopted while the member was an accompanying partner.
e.	They meet all of the following.
	i.	Immediately before their current posting, they were on a long-term posting overseas.
	ii.	The member was receiving parental leave pay under this Division before they returned to Australia.
f.	They meet all of the following.
	i.	Immediately before their current posting, they were an accompanying partner
	ii.	The member was receiving parental leave pay under this Division before they returned to Australia.

1.	A member must apply for parental leave pay.Note: An application for parental leave pay may be made either before or after the child is born or adopted.
2.	An application for parental leave pay must be made within 52 weeks of the birth or adoption of the child.
3.	An application for parental leave pay cannot be made by a member 3 years or more after any of the following.
	a.	The member commences any of the following.
		i.	A long-term posting overseas.
		ii	The first posting of a series of long-term overseas postings.
	b.	The member becoming an accompanying partner of an Australian Government employee on any of the following.
		i.	An overseas posting.
		ii	A series of overseas postings.

A member is eligible for overseas parental leave pay if the CDF or a decision maker is satisfied that all of the following apply.
a.	One of the following apply while the member is on a long-term posting overseas.
	i.	The member or their accompanying partner gives birth to a child.
	ii.	The member or their accompanying partner adopts a child.
	iii.	A person, other than the member’s accompanying partner, gives birth to a child of the member.
b.	The member satisfies the income test.
c.	The member satisfies the primary carer test.
d.	The member or their accompanying partner has not received parental leave pay under the PPL Act in connection with the birth or adoption of the child.

1.	This section applies to a member who is an accompanying partner.Note: This section only applies to a member who is accompanying an Australian Government employee posted overseas.
2.	A member is eligible for overseas parental leave pay if the CDF or a decision maker is satisfied that all of the following apply.
	a.	One of the following apply while the member is an accompanying partner.
		i.	The member or the Australian Government employee gives birth to a child.
		ii.	The member or the Australian Government employee adopts a child.
		iii.	A person, other than the Australian Government employee, gives birth to a child of the member.
	b.	The member satisfies the income test.
	c.	The member or the Australian Government employee satisfies the primary carer test.
	d.	The member or the Australian Government employee has not received parental leave pay under the PPL Act in connection with the birth or adoption of the child.

1.	A pregnancy resulting in the birth of more than one child is treated as the birth of one child.
2.	An adoption of more than one child at the same time is treated as separate adoptions unless the children are children of the same multiple birth.Note: This means the adoption of more than one child from different parents or with different dates of birth may result in eligibility for parental leave pay for each child.
3.	If a member becomes eligible for parental leave pay in relation to a child while concurrently eligible for parental leave pay in relation to another child, parental leave pay is payable for each child.

	The rate of parental leave pay is $2,009.40 per fortnight.
	The rate of parental leave pay is based on the weekly rate of parental leave pay under the PPL Act.

1.	Payment of parental leave pay commences on the first practicable payday after the member is eligible and is paid on every payday thereafter until parental leave pay ends.Note: See section 8.11.12 for when parental leave pay ends.
2.	If the member dies during the period they are eligible for parental leave pay, the remainder of parental leave pay that the member would be eligible for is payable in a single payment to one of the following people.
	a.	The member’s partner.
	b.	If the member does not have a partner, the member’s legal personal representative.
	Note: This section displaces section 1.6.4 and 1.6.5.

If a member is a part of a dual serving couple, the member that applies for parental leave pay receives the payment.

1.	Payment of parental leave pay ceases on the earlier of the following.
	a.	One of the following.
		i.	If the child was born before 1 July 2026 — 24 weeks from the day parental leave pay was first paid.
		ii.	If the child was born on or after 1 July 2026 — 26 weeks from the day parental leave pay was first paid.
	b.	The day the primary carer of the child does any of the following.
		i.	Commences paid work.
		ii.	Returns to paid work.
		iii.	Ceases to be the partner of member.
	Note: If the primary care giver commences work or returns to work and subsequently stop work again, they do not become eligible again for the remainder of the parental leave pay.
2.	Subsection 1.b. does not apply if the child is stillborn or dies after birth or adoption.

	In a fortnight, if a member is eligible for parental leave pay for less than the fortnight, the rate of parental leave pay is calculated in accordance with the following formula.
	Where:
	A	is the rate of parental leave pay.
	B	is the number of days in the fortnight the member is eligible for parental leave pay, excluding weekends.

A member must repay any amount of parental leave pay received under this Division if all of the following apply.
a.	The member is, or was, receiving parental leave pay in connection to a child.
b.	Any of the following receives parental leave pay under the PPL Act in connection with the same child.
	i.	The member.
	ii	The member’s accompanying partner.
	iii.	The Australian Government employee on an overseas posting who the member is the accompanying partner of.

Schedule 2

Defence Determination 2016/19, Conditions of service #

1	After Subdivision 11 of Division 2 of Part 2 to Chapter 1
	Insert

	In this subdivision, the following apply.
	Amending determination means Defence Determination, Conditions of service Amendment Determination (No. 19) 2026.
	Decision maker means a person in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts who meets any of the following.
	a.	They hold a rank not below Warrant Officer Class 2.
	b.	They hold an APS classification level of not below APS5.

1.	This section applies to a member who meets one of the following on or after 1 January 2026.
	a.	They were on a long-term posting overseas.
	b.	They were an accompanying partner of an Australian Government employee on an overseas posting.
2.	A member is eligible for parental leave pay in relation to child born or adopted between 1 January 2026 and the commencement of the amending determination in connection with the birth or adoption of a child if all of the following apply.
	a.	They apply for parental leave pay under section 8.11.8 and in accordance with the following.
		i.	If the period for which parental leave pay would be payable has ended, within 6 months of the commencement of the amending determination.
		ii.	If the period for which parental leave pay would be payable has not ended, in accordance with section 8.11.8.
	b.	At the time the child was born or adopted, the CDF or the decision maker is satisfied that the member met all of the following.
		i.	The income text.Note: The income test is defined in section 8.11.4.
		ii.	The primary carer test.Note: The primary carer test is defined in section 8.11.6.
3.	For the purpose of the income test, all of the following apply.
	a.	The individual adjusted taxable income for the previous financial year for a member who is one of the following.
		i.	If the member has an accompanied partner or is accompanied member — $180,007.
		ii.	If the member is an unaccompanied member — $373,094.
	b.	The combined adjusted taxable income is $373,094.
4.	A member who is eligible for parental leave pay under this subdivision will be paid in accordance with the following.
	a.	For any parental leave pay that is payable before the application for parental leave pay was made, in a single payment.
	b.	For any parental leave pay that is payable after the commencement of the amending determination, in accordance with Division 3 of Part 11 to Chapter 8.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

1Name#

2Commencement#

3Authority#

4 Schedules#

Schedule 1 · amendments

Defence Determination 2016/19, Conditions of service#

Schedule 2

Defence Determination 2016/19, Conditions of service#

4 Schedules #

Defence Determination 2016/19, Conditions of service #

Defence Determination 2016/19, Conditions of service #