Defence Determination 2017/38, Overseas consequential and miscellaneous amendments (Cth)
Defence Determination 2017/38, Overseas consequential and miscellaneous amendments
| I, PHILLIP JOHN HOGLIN, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903. Dated 24 October 2017 P J HOGLIN Acting Assistant Secretary Defence People Group |
1 | Name |
| 1. | This Determination is Defence Determination 2017/38, Overseas consequential and miscellaneous amendments. |
| 2. | This Determination may also be cited as Defence Determination 2017/38. |
| 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 | 2 November 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| Note: This table relates only to the provisions of this instrument as originally made.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| Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Amendments consequential to changes made by Defence Determination 2017/18
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 1.6.1.5 (Dual entitlement – member's adult dependant is also a member), table |
| Omit table item 3, substitute: |
3. Overseas living allowances – member posted before 1 July 2017 Chapter 15 Part 2 3A. Overseas living allowances – member posted on or after 1 July 2017 Chapter 15 Part 2A
| 2 | Subsection 1.6.1.5 (Dual entitlement – member's adult dependant is also a member), table |
| Omit table item 4, substitute: |
4. Hardship allowance – member posted before 1 July 2017 Chapter 16 Part 2 4A. Location allowance – member posted on or after 1 July 2017 Chapter 16 Part 2A
| 3 | Subsection 1.6.1.5 (Dual entitlement – member's adult dependant is also a member) | |
| At the end, insert: | ||
| See: Chapter 12 Part 3 | ||
| 4 | Subsection 3.7.2.2 (Benefits continue in some situations) | |
| At the end, insert: | ||
| See: Chapter 12 Part 3 | ||
| 5 | Subsection 3.7.3.2 (Benefits for dependants), table item 9 | |
| Omit "Chapter 15 Part 2", substitute "Chapter 15 Part 2 and Part 2A". | ||
| 6 | Subsection 5.4.17.1 (Service in a remote location), Notes | ||
| Omit note a., substitute: | |||
| a. | Additional recreation leave credit for service at overseas hardship posts is authorised by the following. | ||
| i. | Chapter 16 Part 3 and Annex 16.A, for members posted before 1 July 2017. | ||
| ii. | Chapter 16 Part 3A, for members posted on or after 1 July 2017. | ||
| 7 | Subsection 6.2.4.2 (Private vehicles – loss on sale) | ||
| At the end of subsection 6.2.4.2, insert: | |||
| Note: A member who is posted overseas is not eligible for reimbursement under this section. | |||
| 8 | Section 12.3.12 (Ordinary period of posting), Exception | ||
| Omit "Annex 16.A", substitute "Annex 16.A or column 2 of Annex 16.B". | |||
| 9 | Section 12.3.12 (Ordinary period of posting), Cross reference note | ||
| Omit the note, substitute: | |||
| See: Chapter 16 | |||
| 10 | Subsection 14.1.1.2 (About relocations to and from overseas postings), table | ||
| Omit table item 5, substitute: | |||
5. Loss on sale of private vehicle. Part 3, Removals 5A. Storage of private vehicle.
| 11 | Subsection 14.2.7.4 (Outlay advance — payment), Cross reference note |
| Omit the note, substitute: | |
| See: Chapter 15 | |
| 12 | Section 14.3.15 (Storage rather than sale of vehicle), Heading |
| Omit from heading "rather than sale". |
| 13 | Subsection 14.3.15.1 (Storage of vehicle) | ||
| Omit "A member who is eligible for a reimbursement for loss on sale of a vehicle, may choose to store the vehicle instead", substitute "A member posted overseas may choose to store a vehicle". | |||
| 14 | Subsection 14.5.3.1 (Settling in at the posting location), Cross reference note | ||
| Omit the note, substitute: | |||
| See: Chapter 15 | |||
| 15 | Paragraph 14.6.9.a (Overseas living allowances), Cross reference note | ||
| Omit the note, substitute: | |||
| See: Chapter 15 | |||
| 16 | Section 15.0.2 (Contents) | ||
| Omit the entry for Part 2, substitute: | |||
| Part 2 | Overseas living allowances – member posted before 1 July 2017 | ||
| Part 2A | Overseas living allowances – member posted on or after 1 July 2017 | ||
| 17 | Subsection 15.3.40.8 (Additional travel on long-term posting to a second overseas location) | ||
| Omit the subsection, substitute: | |||
| 8. | A member is eligible to receive overseas living allowances for unused leave accrued at the old posting location when they meet both of the following conditions. | ||
| a. | The member was posted before 1 July 2017. | ||
| b. | The member is on leave in Australia between overseas postings. | ||
| See: Part 2 Division 6 section 15.2.34, Payment of overseas living allowances for unused leave | |||
| 18 | Subsection 16.4.8.1 (Posting longer than the ordinary posting period), Related information note |
| Omit "Annex 16.A, Part 1, Hardship post conditions of service for specific posting locations", substitute "Annex 16.A Part 1 or Annex 16.B for specific posting locations". | |
| 19 | Subsection 16.4.9.2 (Posting shorter than the ordinary posting period), table item 3 |
| Omit "Annex 16.A", substitute "Annex 16.A or Annex 16.B". | |
| 20 | Subsection 16.4.9.3 (Posting shorter than the ordinary posting period) |
| At the end of subsection 16.4.9.3, insert: | |
| See: |
Schedule 2—Amendments
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 3.7.3.2 (Benefits for dependants), Cross reference note |
| Omit the note. | |
| 2 | Section 14.2.1 (Overview), Note |
| Omit "Integrated Travel Solutions", substitute "Defence Travel". | |
| 3 | Subsection 14.4.5.2 (Travel benefit) |
| Omit "Integrated Travel Solutions", substitute "Defence Travel". | |
| 4 | Subsection 14.4.8.1 (Alternative travel modes and routes) |
| Omit "Integrated Travel Solutions", substitute "Defence Travel". | |
| 5 | Section 14.5.4.3 (Settling out of the posting location), Note |
| Omit "settling-in", substitute "settling-out". | |
| 6 | Section 15.2.2 (Contents) |
| Omit "and Annex". | |
| 7 | Section 15.2.39 (Air freight of foodstuffs – Vietnam) |
| Omit the section. | |
| 8 | Section 15.2A.2 (Contents) |
| Omit "and Annex". | |
| 9 | Subsection 15.3.7.4 (Public transport), Note |
| Omit "DFAT", substitute "the Department of Foreign Affairs and Trade". | |
| 10 | Section 15.7.1A (Member this Division applies to), heading |
| Omit "Division", substitute "Part". | |
| 11 | Section 15.7.1A (Member this Division applies to) |
| Omit "Division", substitute "Part". |
| 12 | Subsection 16.2.4.5 (Payment of hardship allowance), Note | |
| Omit "Division 1 section 16.1.4", substitute "Part 1 section 16.1.5". | ||
| 13 | Subsection 16.4.11.2 (Offsetting assisted leave travel) | |
| Omit the subsection, substitute: | ||
| 2. | The CDF must consider all the following criteria. | |
| a. | The purpose of the leave fare. | |
| b. | The facilities and environment at the destination. | |
| c. | Any travel restrictions that may apply to the destination. See: Chapter 1 Part 3 Division 1 section 1.3.68, Restricted destination | |
| 14 | Subsection 16.4.12.3 (Proof of travel) | |
| Omit the subsection, substitute: | ||
| 3. | Written evidence may include any of the following. | |
| a. | A dated exit or entry stamp in a passport. | |
| b. | An airline boarding pass that states the date and destination of the flight. | |
| c. | Written confirmation from a travel agent. | |
| Note: An airline ticket is not sufficient evidence for proof of travel. | ||
| 15 | Section 16.4.14 (Alternative leave centre – leave centre ceases to be suitable) | |
| Omit the section, substitute: | ||
16.4.14 Alternative leave centre – leave centre ceases to be suitable
| 1. | The Director Military Conditions and Housing Policy may decide that a leave centre is temporarily unsuitable for use when the leave centre is affected by any of the following. | |
| a. | War. | |
| b. | Civil disorder. | |
| c. | Natural disaster. | |
| d. | A similar event. | |
| 2. | If a leave centre is unsuitable under subsection 1, the Director Military Conditions and Housing Policy will substitute a leave centre that is comparable in cost and facilities for the unsuitable leave centre. | |
| 3. | The Director Military Conditions and Housing Policy will review the decision to substitute a leave centre after six months. | |
| 16 | Subsection 16.5.6.2 (Accommodation – conditions for payment of costs) | |
| Omit the subsection, substitute: | ||
| 2. | When making the decision under subsection 1, the CDF must consider any advice from these sources. | |
| a. | For travel from Australia – Defence Travel. | |
| b. | For travel to Australia – the travel agent contracted by the post, or Defence Travel. | |
| 17 | Subsection 16.8.3.1 (Allowances for selected Defence Attachés – ADF only) | |
| Omit the subsection, substitute: | ||
| 1. | This section applies to a member on a long-term posting overseas as one of the following. | |
| a. | The Defence Attaché Kabul. | |
| b. | The Defence Attaché Baghdad. | |
| 18 | Section 16.8.5 (Attraction allowance for Papua New Guinea) | |
| Omit the section, substitute: | ||
16.8.5 Attraction allowance for Papua New Guinea
| 1. | A member on long-term posting to Papua New Guinea receives an attraction allowance at the rate of AUD 10,000 a year. |
| 2. | The allowance is payable to the member on a pro rata fortnightly basis. Note: This amount is subject to income tax. |
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