Defence Determination, Conditions of Service Amendment (Bonus framework) Determination 2018 (No. 41) (Cth)

Defence Determination, Conditions of Service Amendment (Bonus Framework) Determination 2018 (No. 41)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated   26 November 2018

F L McSPEERIN

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—Bonus Framework Amendments   3

Defence Determination 2016/19, Conditions of service   3

1  Name

This instrument is Defence Determination, Conditions of Service Amendment (Bonus framework) Determination 2018 (No. 41)

2  Commencement

This instrument commences on 29 November 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Bonus Framework

Defence Determination 2016/19, Conditions of service

1	Paragraph 3.5.6.a (Member eligible for a bonus)
Omit the paragraph, substitute:
a.	The member is offered a retention bonus.
2	Section 3.5.8 (Offer of a bonus)
Omit the section, substitute:

3.5.8    Offer of a bonus

1.	The CDF or the member's Service Chief may determine the following, having regard to the factors provided under section 3.5.9.
a.	A bonus up to a maximum of $100,000 for the period of service determined under paragraph b.
b.	A fixed period of service to be performed by the member between one and three years.
Note:  The determined period of service must not include any past periods of service.
2.	The offer of a bonus determined under subsection 1 may be made by the following positions.
a.	If determined by the CDF—Any of the following.
i.	Chief of Staff – ADF Headquarters.
ii.	Director General Navy People.
iii.	Director General Personnel – Army.
iv.	Director General Personnel – Air Force.
b.	If determined by the Chief of Navy—Director General Navy People.
c.	If determined by the Chief of Army—Director General Personnel – Army.
d.	If determined by the Chief of Air Force—Director General Personnel – Air Force.
Note: This does not prevent the CDF or Service Chief from making the offer to the member.
3	Section 3.5.9 (Factors that are considered before a bonus is offered)
Omit "Before offering a bonus to a member or a class of members, the Service Chief must consider the following matters:", insert "The CDF or Service Chief must consider the following matters before determining a bonus to a member."

4	Paragraph 3.5.11.1.c (How the offer is accepted)
Omit the paragraph, insert:
c.	A longer period that the CDF or the member's Service Chief decides is reasonable having regard to the member's circumstances.
5	Paragraph 3.5.14.1.a (Member leaves scheme)
Omit the paragraph, insert:
a.	The CDF or the member's Service Chief determines that the member's reason for ceasing to serve is beyond the member's control.