Defence Determination 2016/42, Leave, housing, travel, uniform allowance, overseas education assistance and hardship allowance – amendment (Cth)
Defence Determination 2016/42, Leave, housing, travel, uniform allowance, overseas education assistance and hardship allowance – amendment
| I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903. Dated 16 December 2016 L A ARNOLD Defence People Group |
1 | Citation |
| 1. | This Determination is Defence Determination 2016/42, Leave, housing, travel, uniform allowance, overseas education assistance and hardship allowance – amendment. |
| 2. | This Determination may also be cited as Defence Determination 2016/42. |
| 2 | Commencement |
| This Determination commences on 12 January 2017. | |
| 3 | Authority |
| This instrument is made under section 58B of the Defence Act 1903. | |
| 4 | Amendment |
| Defence Determination 2016/19, Conditions of service, as amended,1 is amended as set out in this Determination. | |
| 5 | Paragraph 3.2.7.3.c (Calculating and pro rating salary and allowances), table item 1 |
| omit | |
| proficiency | |
| 6 | Subsection 3.5.84.2 (Member this Division applies to) |
| omit | |
| 30 June 2017 | |
| insert | |
| 30 June 2022 | |
| 7 | Subsection 5.3.10.3 (Interaction between medical absence and other forms of leave), exception |
| omit | |
| accruable for of leave | |
| insert | |
| accruable form of leave |
| 8 | Subsection 5.4.22.2 (Application to purchase recreation leave) | |
| substitute | ||
| 2. | The application must be made using webform AE428, ADF request to purchase recreation leave. | |
| 9 | Subsection 5.4.34.1 (Expiration of recreation leave credits ('leave lapsing')) | |
| at the end, insert | ||
| 2. | The CDF may defer the expiration of the member’s leave credit by an additional year. The CDF must be satisfied that leave could not to be granted because the Commanding Officer needed the member to stay on duty to meet Service needs during the previous three years. | |
| 3. | The CDF may defer the expiration of the credit for a member more than once. Example: The CDF has deferred a member's leave credit once, but the member has to deploy immediately because their special skills are needed for an operation. They cannot take any recreation leave in the following year because of their duty in the operation. In this case, they can ask the CDF to delay the expiration of their leave credit again. However, the rules about payment or transfer instead of leave would still apply to the accrued leave credit – see Division 8, Payment or transfer of recreation leave credit. | |
| 4. | For the purposes of this section, decisions about the CDF's own recreation leave may be made by the Minister. | |
| 5. | A member who holds a statutory appointment and who applies to have their recreation leave credit deferred and treated as recreation leave under this Part, is not eligible to have the leave credited as special leave under Part 9 Division 4, Special leave for private purposes. Note: Part 9 Division 4 only applies to the CDF, the VCDF and Service Chiefs. | |
| 10 | Subsection 5.4.37.1 (Payment of allowances on recreation leave), exception | |
| omit | ||
| 11 | Subsection 5.4.43.3 (Payment or transfer of leave credit) | |
| substitute | ||
| 3. | Following the member's new Commonwealth entity agreement to accept the transfer of leave credit, the transfer payment to the member's new Commonwealth entity under paragraph 1.b is as follows. | |
| a. | The member's leave credit is paid to the gaining Commonwealth entity, which is an amount equal to the member's daily rate of salary for each day of leave credit. | |
| b. | For each five days of recreation leave credit transferred, an amount equal to the value of two days' of the member's daily rate of salary is transferred. | |
| Note: A member's daily rate of salary is calculated at section 5.4.44, table item 3. | ||
| Example 1: A member has 20 days leave credit and wishes to transfer this credit to the new Commonwealth entity. The following occurs. i. The value of 20 days of the daily rate of salary. | |
| Example 2: A member has 20 days leave credit and wishes to transfer half of this credit to the new Commonwealth entity. The following occurs. | |
| 12 | Subsection 5.5.23.1 (Allowances while on long service leave), exception |
| omit | |
| 13 | Subsection 6.5.60.4 (Storage on ceasing continuous full-time service) |
| omit | |
| for the storage of items | |
| insert | |
| to have stored items | |
| 14 | Subsection 7.4.6.2 (Conditions for licence to live in – easy guide), table item 1 |
| omit | |
| 7.4.3 | |
| insert | |
| 7.4.4 | |
| 15 | Subsection 7.4.24.5 (Contribution for living-in accommodation), exception |
| omit | |
| A member who is a trainee | |
| insert | |
| A member paid salary under Schedule B.13 of DFRT Determination No.15 of 2008, Salaries, |
| 16 | Annex 7.4.B (Rates of contribution for living-in accommodation), table item 2 | ||
| omit | |||
| trainee | |||
| insert | |||
| member described by item 5 | |||
| 17 | Annex 7.4.B (Rates of contribution for living-in accommodation), table item 5 | ||
| omit | |||
| Trainee | |||
| insert | |||
| A member paid salary under Schedule B.13 of DFRT Determination No.15 of 2008, Salaries. | |||
| 18 | Subsection 9.3.31.2 (Transfer of reunion travel ('reverse reunion travel')) | ||
| after subsection 9.3.31.2, insert | |||
| Example: A member would like to fly their spouse and child to the member's posting location using one reunion travel benefit ('reverse reunion travel'). The cost of the return air fair for the member's reunion travel is $400. The dependants' travel to the member's posting location cost $650. The Commonwealth will pay $400 towards the total cost of the member's dependants' travel. | |||
| 19 | Paragraph 9.4.32.3.b (Scheme A – offset of benefit to another destination) | ||
| after paragraph 9.4.32.3.b, insert | |||
| c. | For travel to or from Woomera, the cost limit includes vehicle allowance for travel between Woomera and the airport at Olympic Dam. See: Part 6, Vehicle allowance | ||
| 20 | Paragraph 9.4.32.5.c (Scheme A – offset of benefit to another destination) | ||
| substitute | |||
| c. | The actual cost of a package tour that meets all of the following conditions. | ||
| i. | The package must contain commercially provided travel to the destination. | ||
| ii. | The package has been purchased from an individual or corporation who holds an Australian Federation of Travel Agents travel accreditation scheme (ATAS) accreditation, or similar. | ||
| iii. | The components of a package tour are not costed separately. | ||
| Notes: | ||
| 21 | Section 9.4.40 (Schemes A and B – Tindal travel arrangements) | |
| after section 9.4.40, insert | ||
9.4.40A Schemes A and B – Woomera travel arrangements
| 1. | This section applies to a member if they or their dependants need to travel to or from Woomera as part of the remote location leave travel. |
| 2. | The member may be paid vehicle allowance if they travel by private vehicle for the journey between Woomera and the airport at Olympic Dam. See: Part 6, Vehicle allowance |
| 22 | Subsection 10.1.4.1 (Uniform allowance rates), table item 1 |
| substitute |
1. a member in either of the following categories: 419 a. A Corporal or lower. b. A member paid salary under Schedule B.13 of DFRT Determination No.15 of 2008, Salaries.
| 23 | Subsection 15.2.7.2 (Disposable income for ADF members), table item 6 |
| omit | |
| proficiency |
| 24 | Section 15.6.4 (Definitions), entry for compulsory tuition fees |
| substitute |
Compulsory tuition fees a. 'Compulsory tuition fees' means the sum of the following compulsory annual fees. i. Tuition fees. ii. Other fees and charges relating to tuition. iii. Sports fees. iv. Travel by a child in a specially designated school bus. v. Any Government taxes levied on the fees described in paragraph a. b. Compulsory tuition fees do not include the following fees. i. Boarding fees. ii. The cost of school uniforms. iii.
Any other fees not provided for under paragraph a.
| 25 | Subsection 16.2.3.3 (Qualifying period) |
| omit |
| NOTE | |
| 1. | Defence Determination 2016/19, as amended to date. For previous amendments see Note to Defence Determination 2016/23 and amendments made by Defence Determination 2016/23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40 and 41. |
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