Defence Determination 2017/33, Reserve capability payment (Cth)

Defence Determination 2017/33, Reserve capability payment

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

Dated 26 September 2017

J A CLARKE
Acting Assistant Secretary
People Policy and Employment Conditions

Defence People Group

1	Citation
1.	This Determination is Defence Determination 2017/33, Reserve capability payment.
2.	This Determination may also be cited as Defence Determination 2017/33.
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	7 October 2017	7 October 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Note: This table relates only to the provisions of this instrument as originally made.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 Determination 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 to Defence Determination 2016/19

1	Chapter 3 Part 5 Division 2 (Bonus framework)
After the Division insert:

Division 2A: Reserve capability payment

3.5.14A   Purpose

The purpose of this Division is to provide a payment to selected members of the Reserves as an incentive to perform certain duties over a specified period. Selected members are used to fill gaps in capability that could not ordinarily be filled by a member of the Reserves.
3.5.14B	Definitions
A Reserve capability payment is a payment made to a member of the Reserves as an incentive to perform certain duties over a specified period. The payment is in addition to the eligible member's rate of pay based on their rank and employment category. The payment of an employer support payment does not prevent payment of a Reserve capability payment.

3.5.14C   Member eligible for Reserve capability payment

A member of the Reserves may be eligible for a Reserve capability payment under this Division.

Exception: The member of the Reserves must not be on continuous full time service.

3.5.14D   Offer of a Reserve capability payment

1.

The CDF may offer a member of the Reserves a Reserve capability payment if satisfied all the following apply.

a.

A negative impact on service capability has been identified.

b.

The identified capability gap is unlikely to recover within three years without the use of the Reserve capability payment.

c.

The capability gap cannot be met by any of the following.

i.

Members of the Permanent Forces.

ii.

Members of the Reserves on continuous full-time service.

iii.

Members of the Reserves on Reserve service without an offer of a Reserve capability payment.

d.

The member has the fitness, qualifications, skills and attributes required for the duty to be performed.

e.

The member is able to complete the period of duty within their service obligation.

Note: Permission to serve beyond the member's service obligation needs to be granted before an offer of period of duty for Reserve capability payment is made.

2.

The offer must include all of the following.

a.

The period of duty for Reserve capability payment including requirements about the pattern of days and hours the member must serve. The period is limited by both the following conditions.

i.

The period can be no more than three years in total.

ii.

The period must not overlap with the period of an earlier accepted offer.

Note: The period of duty for Reserve capability payment includes any period the member is taken to be attending for duty under section 3.2.13, provided the duty is for the purposes of the offer.

See: Part 2 Division 1 section 3.2.13, Reserve member taken to be attending for duty

b.

The amount, number and timing of payments. These are limited by both the following conditions.

i.

The total maximum offer of payment must not exceed $100,000.

ii.

No more than $50,000 may be offered to be paid for any 12 month period.

c.

The duty to be performed.

d.

Any additional conditions that must be met before the member becomes eligible for payment.

Note: There may be consequences to the member if they fail to meet the terms set out in the offer.

See: Section 3.5.14F, Cessation of the Reserve capability payment

3.

The following periods do not count as service towards completion of the period of duty under paragraph 2.a.

a.

Reserve service that is not for the purposes of the offer.

Example: A member must attend for two days of mandatory Reserve training within the fixed period of duty. These days do not reduce the period under paragraph 2.a.

b.

Any period the member is imprisoned or in detention. This may be either under civilian criminal law or Service law.

3.5.14E   Acceptance of an offer

1.	An eligible member may accept in writing an offer made under section 3.5.14D at any time until the latest of the following days.
a.	Twenty-eight days after the day the offer is made.
b.	If the member was deployed when the offer under paragraph a. was made — the day twenty-eight days after the day the member returns to Australia after a deployment.
c.	A later day the CDF decides is reasonable having regard to the member's circumstances.
2.	By accepting the offer the member agrees to all the terms made in that offer.

3.5.14F  Cessation of the Reserve capability payment 

1.	The CDF may end the arrangement under which the Reserve capability payment is being made at any time.
2.	If subsection 1 applies, payment to the member or repayment by the member is provided in the following table.

Item	If the CDF ended the Reserve capability arrangement...	the member must repay...	and if there is an outstanding amount to be paid...
1.	for under-performance or disciplinary reasons,	all payments received	the member is not eligible to be paid any of that amount.
2.	for reasons the CDF is satisfied the member could have avoided, Example: Member went on an overseas holiday.
3.	for reasons the CDF is satisfied the member could not have avoided, Example: The member's partner dies.	an amount decided by the CDF up to the amount paid to the member	an amount decided by the CDF.