Defence Determination 2017/12, Salaries – consequential (Cth)
Defence Determination 2017/12, Salaries – consequential
| I, PHILLIP JOHN HOGLIN, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903. Dated 31 March 2017 P J HOGLIN Defence People Group |
1 | Name |
| 1. | This Determination is Defence Determination 2017/12, Salaries – consequential. |
| 2. | This Determination may also be cited as Defence Determination 2017/12. |
| 2 | Commencement |
| 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 5 and Schedule 1 of this instrument 3 April 2017 2. Schedule 2 of this instrument 4 April 2017
| Note: This table relates only to the provisions of this instrument as originally made.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. |
| 3 | Authority |
| 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| Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Consequential amendments resulting from Defence Force Remuneration Tribunal Determination No. 1 of 2017
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 1.3.16.1 (Daily rate), cross reference note |
| Omit "Calculating and pro rating", substitute "Administration of". | |
| 2 | Subsection 1.3.16.2 (Daily rate), cross reference note |
| Omit the note, substitute: | |
| See: DFRT Determination No. 11 of 2013, ADF Allowances, section A.1.7, Payment arrangements | |
| 3 | Section 1.3.25 (Fortnightly rate) |
| Repeal the section, substitute: |
1.3.25 Fortnightly rate
| The fortnightly rate of any annual rate means the calculation set out at subsection 3.2.7.3 as adjusted by subsection 3.2.7.7. See: Chapter 3 Part 2 Division 1 section 3.2.7, Administration of salary and allowances | |
| 4 | Section 1.3.67 (Reserve service) |
| Repeal the section, substitute: |
1.3.67 Reserve service
| Reserve service means a period of service performed by a member of the Reserves that is not continuous full-time service. | |
| See: Section 1.3.15, Continuous full-time service | |
| 5 | Section 1.3.77 (Travel card) |
| After the section add: |
1.3.77A Unpaid leave
| 1. | Unpaid leave means any of the following leave types. | |
| a. | Leave without pay. | |
| b. | Unpaid maternity leave. | |
| c. | Unpaid paternity leave. | |
| 2. | Part-time leave without pay means a period of part-time unpaid leave. |
| 6 | Section 3.2.4 (Salary not payable) |
| Repeal the section. | |
| 7 | Section 3.2.5 (Time for payment of salary for a member of the Permanent Forces), title |
| Omit "of the Permanent Forces", substitute "on continuous full-time service". | |
| 8 | Section 3.2.5 (Time for payment of salary for a member on continuous full-time service) |
| Omit "section 3.2.4", substitute "clause A.1.8 of DFRT Determination No. 15 of 2008, Salaries". | |
| 9 | Section 3.2.6 (Method of payment of salary for a member on continuous full-time service) |
| Repeal the section, substitute: |
3.2.6 Method of payment of salary for a member on continuous full-time service
| 1. | Salary may be paid to members every 14 days (a fortnight). |
| 2. | Payment of salary and allowances to a member is made by electronic funds transfer into a financial institution advised by the member. |
| 10 | Section 3.2.7 (Calculating and pro rating salary and allowances) |
| Repeal the section, substitute: |
3.2.7 Administration of salary and allowances
| 1. | The fortnightly rate of an allowance provided under this determination is worked out by the following steps. |
Step Action 1.
Find the annual rate of allowance payable to the member.
2.
Divide the rate in Step 1 by 365.
3.
Multiply the result of Step 2 by fourteen.
4.
The result of Step 3 is the fortnightly rate of allowance that applies to the member.
| 2. | The daily rate of salary or higher duties allowance payable to a member is either of the following rates. | |
| a. | In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate. | |
| b. | In any other case — one fourteenth of the fortnightly rate. | |
| 3. | To calculate the pro rata daily rate of the allowances listed in the table below is either of the following. | |
| a. | In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate. | |
| b. | In any other case — one fourteenth of the fortnightly rate. | |
Item Allowance Reference 1. ADF district allowance Chapter 4 Part 4 Division 1 and Division 2 2. Antarctic allowance Chapter 4 Part 4 Division 6 3. (Antarctic) Common duties allowance Chapter 4 Part 4 Division 7 4. Antarctic parity allowance Chapter 4 Part 4 Division 8 5. Child allowance Chapter 15 Part 2 Division 4 6. Child reunion allowance Chapter 15 Part 2 Division 5 7. Cost of living adjustment Chapter 15 Part 2 Division 2 8. Hardship allowance Chapter 16 Part 2 9. Higher duties allowance Chapter 4 Part 1 10. Port Wakefield allowance Chapter 4 Part 4 Division 3 11. Post adjustment Chapter 15 Part 2 Division 3 12. Scherger allowance Chapter 4 Part 4 Division 4 13. Trainee's dependant allowance Chapter 4 Part 8 Division 1 14. Uniform allowance Chapter 10 Part 1
| 4. | For each of the allowances listed in a row of the following table, that row also sets out the method for working out the pro rata daily rate of the allowance. |
Item The pro rata daily rate of... for... is... 1. Language allowance any member the annual rate divided by 365. 2. Rent allowance any eligible member not on part-time leave without pay one fourteenth of the rate set out in Chapter 7 Part 8 Division 4 section 7.8.19, Working out rent allowance.
See: For part-time leave without pay, Chapter 7 Part 8 Division 5 section 7.8.35, Member on part-time leave without pay
| Note: The methods set out in this section work out daily rates from annual rates. They do not override daily rates of allowance that are expressly specified in a determination. | |
| 5. | Fortnightly and daily totals may be rounded to the nearest cent. |
| 6. | The rounded daily rate is not used to calculate an amount for two or more days in the pay fortnight. The unrounded figure is used instead. The total figure is then rounded to the nearest cent. | |
| 11 | Section 3.2.11 (Working out a day for Reserve Service) | |
| Repeal the section. | ||
| 12 | Subsection 3.2.14.4 (Reserve member attending for duty in special circumstances), note | |
| Omit "Section 3.2.11", substitute "DFRT Determination No. 15 of 2008, Salaries, clause A.1.9,". | ||
| 13 | Paragraph 3.2.15.a (Reserve Assistance Program attendance), note | |
| Omit the note, substitute: | ||
| Note: A member who attends a session must still meet the specified time periods set out in DFRT Determination No. 15 of 2008, Salaries, clause A.1.9 to be paid. See Part 1 Part A clause A.1.9, Salary for Reserve Service. | ||
| 14 | Section 3.2.17 (Frequency of payment of salary and allowances for a member on Reserve service), title | |
| Omit "Frequency", substitute "Method". | ||
| 15 | Subsection 3.2.17.2 (Method of payment of salary and allowances for a member on Reserve service) | |
| At the end of the subsection, add: | ||
| 3. | Payment of salary and allowances to a member is made by electronic funds transfer into a financial institution advised by the member. | |
| 16 | Section 3.2.17A (Electronic payment for a member of the Reserves) | |
| Repeal the section. | ||
| 17 | Section 3.2.30.3 (Increment advancement), table item 2 | |
| Omit "See: Division 1 section 3.2.11, Working out a day for Reserve service", substitute "See: DFRT Determination No. 15 of 2008, Salaries, clause A.1.9, Salary for Reserve Service". | ||
| 18 | Section 4.1.20 (Payment of higher duties allowance), cross reference note | |
| Omit "Calculating and pro rating", substitute "Administration of". | ||
| 19 | Section 5.1.2 (Leave – overview) |
| At the end of the section, add: |
5.1.2A Salary and allowances during leave
| 1. | Allowances that are provided under this determination may be paid during a period of leave. This is subject to the conditions for payment of the allowance in other Chapters. It is necessary to refer to the relevant provisions for each allowance. Examples: Overseas living allowances, location allowances, uniform allowance, rent allowance. |
| 20 | Section 5.4.37 (Payment of allowances on recreation leave) |
| Repeal the section, substitute. |
5.4.37 Payment of allowances on recreation leave
| 1. | If a member is eligible for payment of any annual allowance under DFRT Determination No. 11 of 2013, ADF Allowances, and section 5.1.2A before they start their leave, they are eligible to be paid the relevant allowances during their leave. See: Part 1 section 5.1.2A, Salary and allowances during leave | ||
| 2. | If a member was eligible for an allowance under section 5.1.2A for a period before, but not on, their last day of duty before commencing leave, they may be eligible for the allowance if they meet any of these criteria for the period between their previous benefit and the start date. | ||
| a. | They were on travelling leave. | ||
| b. | They were ill or in hospital. | ||
| c. | They could not take recreation leave because they had to remain on duty. | ||
| d. | For an officer — they were involved in retirement proceedings that resulted in their retirement from the ADF because they were physically or mentally incapacitated. | ||
| e. | For a member other than an officer — they were involved in discharge proceedings that resulted in their discharge from the ADF because they were medically unfit. | ||
| 3. | While a member is on recreation leave, they can be paid one of the allowances under DFRT Determination No. 11 of 2013, ADF Allowances, only for the period of credit they accrued while they were eligible for the allowance. | ||
| Example: A member has accrued 20 days of recreation leave credit while they are posted to a seagoing submarine and eligible for maritime disability allowance. They take 20 days of recreation leave. They are still paid the allowance during the 20 days. | |||
| Non-example: If the same member in the example above had taken 30 days of recreation leave, the allowance would stop being paid after the first 20 days. | |||
| 4. | On any day that an amount of allowance under either DFRT Determination No. 11 of 2013, ADF Allowances, or this determination is included in a member's salary, the member is not to be paid that allowance amount under this section. Authority: A member's salary is determined under section 58H of the Defence Act 1903. |
| 21 | Subsection 5.5.23.1 (Allowances while on long service leave) |
| Repeal the subsection, substitute: | |
| 1. | A member may be paid an allowance under DFRT Determination No. 11 of 2013, ADF Allowances, during a period of long service leave. See: DFRT Determination No. 11 of 2013, ADF Allowances, subsections A.1.7.4 and A.1.7.5, Payment arrangements |
| 22 | Subsection 5.5.23.2 (Allowances while on long service leave) |
| Omit "allowance listed in subsection 1 during leave", substitute "allowance under subsection 1". | |
| 23 | Section 5.6.4 (Definitions), entry for salary |
| Omit the entry for salary, substitute: |
Salary Salary and allowances as if the period were a period of recreation leave.
See:
DFRT Determination No. 15 of 2008, Salaries, clause A.1.5, Administration of salary
Part 4 Division 7, 5.4.36, Payment of allowances on recreation leave
| 24 | Section 5.8.8 (Salary for leave) |
| Repeal the section; substitute: |
5.8.8 Salary and allowances during leave
| Salary and allowances for a period of war service leave is what a member would receive if they had been taking recreation leave for the period. See: Part 1 section 5.1.2A, Salary and allowances during leave See also: Chapter 17 Part 7 Division 1, Deployment allowance | |
25 | Subsection 5.8.9.2 (Payment instead of leave – during ADF service), example |
| Omit "Section 5.8.8, Salary for leave", substitute "Part 1 section 5.1.2A, Salary and allowances during leave". |
| 26 | Subsection 5.8.10.2 (Payment instead of leave – leaving continuous full-time service), cross reference note |
| Omit "See: Section 5.8.8, Salary for leave", substitute "See: Part 1 section 5.1.2A, Salary and allowances during leave". | |
| 27 | Section 5.9.6 (Salary for leave) |
| Repeal the section. | |
| 28 | Section 5.10.26 (Effect on salary increments), note |
| Omit "Calculating and pro rating", substitute "Administration of". |
Schedule 2— Consequential amendments resulting from Defence Force Remuneration Tribunal Determination No. 2 of 2017
Defence Determination 2016/19, Conditions of service
| 1 | Defence Determination 2016/19 (Conditions of service), as amended |
| 1. | Omit "DFRT Determination No. 15 of 2008" (wherever occurring), substitute "DFRT Determination No. 2 of 2017". |
| 2. | Omit "DFRT Determination 15 of 2008" (wherever occurring), substitute "DFRT Determination No. 2 of 2017". |
| 3. | Omit "Defence Force Remuneration Tribunal Determination No. 15 of 2008" (wherever occurring), substitute "DFRT Determination No. 2 of 2017". |
| 2 | Section 3.2.5 (Time for payment of salary for a member on continuous full-time service) |
| Omit "clause A.1.8", substitute "section A.1.4". | |
| 3 | Subsection 3.2.14.4 (Reserve member attending for duty in special circumstances), Note |
| Omit "clause A.1.9" (wherever occurring), substitute "section A.1.5 and subsection B.3.4.4". | |
| 4 | Paragraph 3.2.15.a (Reserve Assistance Program attendance), note |
| Omit "clause A.1.9" (wherever occurring), substitute "section A.1.5 and subsection B.3.4.4". | |
| 5 | Section 3.2.20 (Salary on promotion – general), cross reference note |
| Omit "section B.2.4", substitute "section B.2.5". | |
| 6 | Subsection 3.2.30.3 (Increment advancement), table item 2 |
| Omit "clause A.1.9", substitute "section A.1.5 and subsection B.3.4.4". | |
| 7 | Paragraph 3.2.42.1.b (Medical officers – increment advancement on promotion) |
| Omit "item 5 or 6 of the table in subsection B.3.3.1", substitute "item 5 of the table in subsection B.3.4.1". | |
| 8 | Paragraph 3.2.42.1.c (Medical officers – increment advancement on promotion) |
| Omit "item 7 of the table in subsection B.3.3.1", substitute "item 6 of the table in subsection B.3.4.1". |
| 9 | Paragraph 3.2.42.2.b (Medical officers – increment advancement on promotion), note |
| Omit "section B.3.2", substitute "section A.1.12". | |
| 10 | Subsection 3.2.42.3 (Medical officers – increment advancement and promotion), table item 1 |
| Omit "Part 1 or 2" (wherever occurring), substitute "Part 1 or 3". | |
| 11 | Subsection 3.2.42.3 (Medical officers – increment advancement and promotion), table item 2 |
| Omit "Part 1A or 2A" (wherever occurring), substitute "Part 2 or 4". | |
| 12 | Subsection 3.2.42.3 (Medical officers – increment advancement and promotion), table item 2 |
| Omit "Part 1A of Schedule B.8" (wherever occurring), substitute "Part 2 of Schedule B.8". | |
| 13 | Subsection 3.2.42.7 (Medical officers – increment advancement and promotion) |
| Omit "6 or 7 of subsection B.3.3.1", substitute "5 or 6 of subsection B.3.4.1". | |
| 14 | Subsection 3.2.42.7 (Medical officers – increment advancement and promotion), cross reference note |
| Omit the note, substitute: | |
| See: DFRT Determination No. 2 of 2017, Salaries, Division B.3 subsection B.3.4.1, Rate of salary for specialist officer | |
| 15 | Subsection 3.2.42.8 (Medical officers – increment advancement and promotion) |
| Omit, "Part 1A or 2A", substitute "Part 2 or 4". | |
| 16 | Subsection 3.2.47.4 (Medical levels – medical officer) |
| Omit, "Part 1 or 2", substitute "Part 1 or 3". | |
| 17 | Section 3.2.48 (Purpose), cross reference note |
| Omit the note, substitute: | |
| See: DFRT Determination No. 2 of 2017, Salaries, Division B.2 section B.2.5, Rate of salary on advancement from Other rank |
| 17 | Paragraph 3.5.47.1.a (Retention bonus repayment) |
| Omit "Part 1 of Schedule B.11", substitute "Schedule B.11 Part 1". | |
| 18 | Subsection 3.5.47.1 (Retention bonus repayment), cross reference note |
| Omit the note, substitute: | |
| See: Schedule B.11 Part 1, Other rank pay grades | |
| 20 | Section 3.5.83 (Definitions) |
| Omit "section B.3.2", substitute "section A.1.12". | |
| 21 | Section 3.5.83 (Definitions), cross reference note |
| Omit the note, substitute: | |
| See: DFRT Determination No. 2 of 2017, Salaries, Division A.1 section A.1.12, Specialist officers (definitions) | |
| 22 | Subparagraph 4.1.24.1.a.iii (Rate for higher duties – other rank member acting as commissioned officer) |
| Omit "section B.2.4", substitute "section B.2.5". | |
| 23 | Subsection 4.1.27.1 (Rate for higher duties – member on transitional rates), cross reference note |
| Omit the note, substitute: | |
| See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.4, Other rank member appointed as officer – transitional salary rates | |
| 24 | Subsection 4.1.27.3 (Rate for higher duties – member on transitional rates), cross reference note |
| Omit the note, substitute: | |
| See: DFRT Determination No. 2 of 2017, Salaries | |
| 25 | Subsection 4.1.28.1 (Rate for higher duties – Air Force officer acting as a Commanding Officer), exception |
| Omit "paragraph B.2.2.5(b)", substitute "paragraph B.2.3.5.b". |
| 26 | Subsection 4.1.30.1.a (Rate for higher duties – Air Force Executive Warrant Officer acting higher tier position), note |
| Omit "Part 3 of Schedule B.9", substitute "Schedule B.9 Part 3". | |
| 27 | Subsection 4.1.31.2 (Rate for higher duties – member acting at or above the rate of Brigadier), table item 3 |
| Omit: | |
| The base salary component of pay point one of Part 3 of Schedule B.1, Senior officer salary rates. See: Chapter 3 Schedule B.1, Senior officer salary rates" | |
| Substitute: | |
| The base salary component of pay point one of Schedule B.1 Part 3, Senior officer salary rates. See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.1, Senior officer salary rates | |
| 28 | Subsection 4.1.32.2 (Rate for higher duties – member acting outside the ADF), table item 3 |
| Omit: | |
| The base salary component of pay point one of Part 3 of Schedule B.1, Senior officer salary rates. See: Schedule B.1, Senior officer salary rates, DFRT Determination No. 2 of 2017, Salaries | |
| Substitute: | |
| The base salary component of pay point one of Schedule B.1 Part 3, Senior officer salary rates. See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.1, Senior officer salary rates | |
| 29 | Section 4.8.5 (Member this Division applies to), cross reference note |
| Omit the note, substitute: | |
| See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.12, Other rank salary rates | |
| 30 | Subsection 4.8.7.1 (Rate of benefit), cross reference note |
| Omit "Chapter 3 Part 1", substitute "DFRT Determination No. 2 of 2017, Salaries". | |
| 31 | Section 4.8.28 (Definitions) |
| Omit "section B.3.2", substitute "section A.1.12". |
| 32 | Section 4.8.28 (Definitions), cross reference note |
| Omit the note, substitute: | |
| See: DFRT Determination No. 2 of 2017, Salaries | |
| 33 | Section 5.6.4 (Definitions), definition of salary |
| Omit "clause A.1.5", substitute "section A.1.3. | |
| 34 | Paragraph 5.10.15.2.a (Effect on remuneration and conditions of service) |
| Omit "subclause A.1.5.7", substitute "subsection A.1.3.7". | |
| 35 | Subsection 6.5.48.1 (Removal on ceasing continuous full-time service at own request), table item 1, cross reference note |
| Omit the note, substitute: | |
| See: 'Other rank' members are listed in DFRT Determination No. 2 of 2017, Salaries, Part A Division 1 section A.1.9, General (definitions) | |
| 36 | Subsection 15.2.7.2 (Disposable income for ADF members), table item 10 |
| Omit "DFRT No. 15 of 2008", substitute "DFRT No. 2 of 2017". |
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