Defence Determination 2017/31, Overseas education assistance and benchmark schools – amendment (Cth)

Defence Determination 2017/31, Overseas education assistance and benchmark schools – amendment

I, JAY ANDREW CLARKE, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.

Dated 19 September 2017

J A CLARKE
Acting Assistant Secretary
People Policy and Employment Conditions

Defence People Group

1	Name
1.	This Determination is Defence Determination 2017/31, Overseas education assistance and benchmark schools – amendment.
2.	This Determination may also be cited as Defence Determination 2017/31.
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.  The whole of this instrument	21 September 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Overseas education assistance and benchmark schools – amendment

Defence Determination 2016/19, Conditions of service

1	Section 15.6.8 (Member this Division applies to)
Omit "dependant child", substitute "dependant, who is a child"
2	Subsection 15.6.10.1B (Education assistance benefit – general)
Omit the subsection, substitute:
1B.	This subsection applies to a member who is posted to the USA. The CDF may decide that a suitable benchmark school is not available at a member's posting location. A member whose child attends a school at the posting location and pays compulsory tuition fees may be reimbursed the lesser of the two amounts each year.

Item	If the child attends...	then the member may be reimbursed the lesser of the following amounts...
1.	Pre-school/ Kindergarten	a. The compulsory tuition fees; or b. The amount of USD 6,799.
2.	Primary school	a. The compulsory tuition fees; or b. The amount of USD 18,121.
3.	Secondary school

Note:    The reimbursable amount is instead of, and not in addition to, the amount reimbursable for the benchmark school for 'USA, elsewhere'.
See: Annex 15.6.A, Benchmark schools
3	Annex 15.6.A (Benchmark schools) table item 36
Omit "section 15.1.5", substitute "section 15.1.6"
4	Annex 15.6.A (Benchmark schools) table item 36
Omit "Paragraph 15.6.10.1.b'", substitute "Paragraph 15.6.10.1B"

Schedule 2—Transitional provisions

1 Education assistance benefit – general

1.	This section applies to a member on a long-term posting to the USA who meets all of the following conditions.
a.	The member has a child who is a dependant who attended a pre-school or kindergarten between 2 July 2016 and the commencement of this Determination.
b.	The member paid compulsory tuition fees.

2. The member is eligible for the reimbursement of the lesser of the two amounts as if subsection 15.6.10.1B, as substituted by this Determination, had applied.