Defence Determination, Conditions of Service Amendment (Benchmark Schools – Germany) Determination 2018 (No. 24) (Cth)

Defence Determination, Conditions of Service Amendment (Benchmark Schools – Germany) Determination 2018 (No. 24)

I, ELIZABETH ANNE SISLEY, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 30 May 2018

E A SISLEY

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

Contents

1......... Name............................................................................................................................... 2

2......... Commencement............................................................................................................... 2

3......... Authority......................................................................................................................... 2

4......... Schedules......................................................................................................................... 2

Schedule 1—Amendments   3

Defence Determination 2016/19, Conditions of service

Schedule 2—Transitional provisions   9

1  Name

This instrument is Defence Determination, Conditions of Service Amendment (Benchmark Schools – Germany) Determination 2018 (No. 24).

2  Commencement

This instrument commences on 31 May 2018.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Benchmark Schools - Germany

Defence Determination 2016/19, Conditions of service

1	Section 15.6.4 (Definitions), definition of Compulsory tuition fees
Omit the definition of "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.	Building and capital fees.
	vi.	Any Government taxes levied on the fees described in this paragraph.
	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.

2	Section 15.6.5 (Reimbursement)
Omit the section, substitute:

15.6.5   How benefits are paid

1.	Unless otherwise specified, benefits under this Part are paid as a reimbursement to the member up to the limit of the benefit.
2.	If a fee or charge for which a benefit is provided under this Part is paid by the member in instalments, the member may be reimbursed the amount paid for each instalment. The total amount reimbursed for the fee or charge must not exceed the limit of the benefit.
3	Section 15.6.6 (Up-front payment)
Omit the section, substitute:

15.6.6   Amount repayable if member receives refund

If a member is refunded an amount from a provider for a benefit the Commonwealth has already paid to the member or to the provider, the member must repay the refunded amount to the Commonwealth.

Note: This applies for both upfront payments and reimbursements under subsection 15.6.5.1.

Example: Levies were refunded by the school for a cancelled sporting event. The member is not to keep the refunded amount and must repay it to the Commonwealth.

4	Section 15.6.10 (Education assistance benefit – general)
Omit the section, substitute:

15.6.10   Child leaves Australia to study at posting location

1.	This section applies to a member for whom all of the following apply.
a.	The member has a dependant who is a child who stayed in Australia to study despite the member being posted overseas.
b.	After the member commenced their posting overseas, the child left Australia to study at the member's overseas posting location.
c.	The member has received assistance for the child's study in Australia.
2.	The member is not eligible for education assistance for the child's study at the overseas post for any period they have received assistance for the child's study in Australia.
3.	The member may be reimbursed a maximum yearly amount equal to the relevant contribution amount under subsection 15.6.25.1, table item 1.
4.	After the period under subsection 2 has ended, the member is eligible for education assistance under this Division.
5.	Despite subsection 2, the CDF may decide that a member is eligible for benefits under this Division. The CDF must consider the cost to Defence.

15.6.10A   Member contribution

If a member receives the compulsory tuition fees benefit under section 15.6.10B, the member must pay the relevant annual contribution for their child's school level specified in the following table.

Item	School level	Annual contribution in AUD
1.	Pre-school	481
2.	Primary school	164
3.	Secondary school	382

Note: The contribution amount represents the typical cost of attending government schools in Australia.

15.6.10B   Compulsory tuition fees

1.	Compulsory tuition fees under this section may be reimbursed to the member or paid upfront by the Commonwealth to the provider.
2.	The amount of assistance towards compulsory tuition fees is set out in the following table.

Item	If the member's child attends...	and..	the amount of assistance towards compulsory tuition fees is...
1.	a school at the member's posting location	a benchmark school is provided under Annex 15.6.A for the posting location,	the lesser of the following fees. a. The compulsory tuition fees charged by the child's school. b. The compulsory tuition fees levied by the benchmark school specified in Annex 15.6.A for the posting area.
2.	a pre-school in the USA	the child will not turn five by 31 December in the current USA school year,	the rate of compulsory tuition fees charged by the benchmark school for the child to attend part-time tuition for 15 hours per week. Note: The child may attend the school more than 15 hours per week. Assistance is limited to the amount charged for 15 hours per week.
3.	a primary or secondary school at the posting location	the member has been directed to live in the District of Columbia,	the lesser of the following amounts. a. The compulsory tuition fees charged by the child's school. b. USD 18,121.
4.	a primary or secondary school in the USA	the CDF decides that a suitable benchmark school is not available at the member's posting location,
5.	a pre-school or kindergarten in the USA	the CDF decides that a suitable benchmark school is not available at the member's posting location,	the lesser of the following amounts. a. The compulsory tuition fees charged by the child's school. b. USD 6,799.

15.6.10C   Amount for initial enrolment

1.	A member is eligible for an amount equal to the amount charged by the school for the child's initial enrolment.
2.	The benefit under this section may be reimbursed to the member or paid upfront by the Commonwealth to the provider.
5	Section 15.6.20.4 (Education assistance – inadequate facilities)
Omit "to be reimbursed", substitute "eligible for".
6	Subsection 15.6.21.1 (Travelling away for school)
After the subsection, insert:
1A.	Travel costs under this section may be reimbursed to the member or paid upfront by the Commonwealth to the provider.
7	Subsection 15.6.21.2 (Travelling away for school)
Omit twice occurring "to be reimbursed", substitute "eligible for".
8	Subsection 15.6.22.1 (Accompanying a child to begin boarding school)
After the subsection, insert:
1A.	Travel costs under this section may be reimbursed to the member or paid upfront by the Commonwealth to the provider.
9	Subsection 15.6.22.4 (Accompanying a child to begin boarding school)
Omit the subsection, substitute:
4.	A member is eligible for the following amounts.

Item	If the travel to the boarding school is to...	then the member is eligible for...
1.	Australia	the lesser of the following amounts. a.     The cost for the member, spouse or partner to accompany the child to the school location and return to the posting location. b.    The allowable travel cost for the travel.
2.	a location other than Australia	the lesser of the following amounts. a.     The cost for the member, spouse or partner to accompany the child to the school location and return to the posting location. b.    The allowable travel cost, as if the travel was from the posting location to where the member lives in Australia.

10	Subsection 15.6.22.5 (Accompanying a child to begin boarding school)
Omit the subsection, substitute:
5.	A member is not eligible to be paid the following costs incurred by the member, spouse, partner or child.
a.	Costs associated with stopovers.
b.	Accommodation and meals at the location of the boarding school.
11	Subsection 15.6.22.7 (Accompanying a child to begin boarding school)
Omit the subsection.
12	Subsection 15.6.22A.1 (Education assistance – Cherbourg)
After the subsection, insert:
1A.	Education assistance under this section may be reimbursed to the member or paid upfront by the Commonwealth to the provider.
13	Subsection 15.6.22A.4 (Education assistance – Cherbourg)
Omit the subsection.
14	Subsection 15.6.22B.1 (Starting and ending boarding school – Travel – Cherbourg)
After the subsection, insert:
1A.	Travel costs under this section may be reimbursed to the member or paid upfront by the Commonwealth to the provider.
15	Subsection 15.6.22B.2 (Starting and ending boarding school – Travel – Cherbourg)
Omit "to be paid", substitute "for".
16	Section 15.6.23 (Purpose), cross reference note
Omit the cross reference note.
17	Paragraph 15.6.25.1.a (Rates of assistance)
Omit "reimbursement or up-front payment amount", substitute "amount of assistance".
18	Subsection 15.6.25.1 (Rates of assistance), cross reference note
Omit the cross reference note.
19	Subsection 15.6.25.1 (Rates of assistance), table header
Omit "reimbursement or upfront payment", substitute "amount of assistance".
20	Subsection 15.6.25.1 (Rates of assistance), table item 2 note
Omit twice occurring "reimbursable", substitute "payable".
21	Subsection 15.6.25.1 (Rates of assistance)
After the subsection, insert:
2.	Education assistance under this section may be reimbursed to the member or paid upfront by the Commonwealth to the provider.
22	Subsection 15.6.25.3 (Rates of assistance)
Omit the subsection, substitute:
3.	A member is eligible for an amount equal to the amount charged by the school for the initial enrolment of the child.
23	Subsection 15.6.25.4 (Rates of assistance), example
Omit "reimburse the member", substitute "pay".
24	Annex 15.6.A (Benchmark Schools)
Omit table Item 9, insert:

9.	Germany – Bremen	The International School of Bremen	The International School of Bremen	The International School of Bremen
	– elsewhere	Brandenburg Berlin International School	Brandenburg Berlin International School	Brandenburg Berlin International School

Schedule 2—Transitional provision

Defence Determination 2016/19, Conditions of service

1

Benchmark schools – transitional provision

1.

This section applies to a member who, prior to the commencement of this Determination, meets both of the following conditions.

a.

The member was posted to Bremen, Germany.

b.

The member has a child who is a dependant who was enrolled and commenced pre-school, primary or secondary school at the International School of Bremen after 1 January 2018.

2.

The member is eligible to be reimbursed an amount equal to any compulsory fee (however described) paid to the school in connection with the initial enrolment of the child.

Note: To avoid doubt this does not include a compulsory tuition fee.