Defence Determination, Conditions of Service Amendment (Defence Regulation 2016 – consequential amendments) Determination 2018 (No. 26) (Cth)
Defence Determination, Conditions of Service Amendment (Defence Regulation 2016 – consequential amendments) Determination 2018 (No. 26)
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 21 June 2018
E A SISLEY
Acting 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Schedule 1—Amendments relating to repealed legislation 3
Defence Determination 2016/19, Conditions of service
Schedule 2—Amendments relating to retirement age 8
Defence Determination 2016/19, Conditions of service
Schedule 3—Amendments relating to redundancy 12
Defence Determination 2016/19, Conditions of service
Schedule 4—Amendments relating to ADF Chaplains 14
Defence Determination 2016/19, Conditions of service
Schedule 5—Amendments relating to transfers from Permanent Forces to
Reserves 15
Defence Determination 2016/19, Conditions of service
Schedule 6—Amendments relating to alteration of service obligation 16
Defence Determination 2016/19, Conditions of service
1 Name
This instrument is the Defence Determination, Conditions of Service Amendment (Defence Regulation 2016 – consequential amendments) Determination 2018 (No. 26).
2 Commencement
This instrument commences on 12 July 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable Sections in the Schedule concerned, and any other Section in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments relating to repealed legislation
Defence Determination 2016/19, Conditions of service
| 1 | Section 1.3.29 (Home port – for a ship) |
| After the section, insert: | |
| 1.3.29A Initial minimum period of service | |
| Initial minimum period of service means the period of service a member must serve following enlistment or appointment, which if not completed may result in a service obligation debt under Defence Regulation 2016. See: Section 25 of the Defence Regulation 2016 | |
| 2 | Section 1.3.69 (Return of service obligation) |
| Omit the section, substitute: | |
| 1.3.69 Return of service obligation | |
| Return of service obligation means the period of service that a member is required to complete in respect of specified training, education, experience or special duties, which if not completed may result in a service obligation debt under Defence Regulation 2016. | |
| See: Section 25 of the Defence Regulation 2016 | |
| 3 | Section 1.3.76 (Training commitment) |
| Omit the section, substitute: | |
| 1.3.76 Training commitment | |
| Training commitment means an obligation for a member of the Reserves to render service for the purpose of undertaking training. | |
| Note: The obligation is created under section 27 of the Defence Regulation 2016. | |
| 4 | Subsection 1.4.1.2 (Overview) |
| Omit "Regulation 8 of the Defence Force Regulations 1952", substitute "Schedule 1 of the Defence Act 1903". | |
| 5 | Paragraph 3.2.23.4.d (Member with previous service – commencement salary), example |
| Omit "under the Defence (Personnel) Regulations 2002". | |
| 6 | Paragraph 3.2.38.c (Salary on reduction of rank), cross reference note |
| Omit the cross reference note. | |
| 7 | Paragraph 3.2.46.4.b (Legal levels – legal officer), cross reference note |
| Omit the cross reference note. | |
| 8 | Section 3.5.6 (Member eligible for a bonus) |
| Omit the section, substitute: |
3.5.6 Member eligible for a bonus
| A member's is eligible for a retention bonus under this section if the member meets all of the following conditions. | ||
| a. | The member is offered a retention bonus by their Service Chief. | |
| b. | They are a member of the Permanent Forces or a member of the Reserves on continuous full-time service. | |
| c. | The member has completed their initial minimum period of service. See: Chapter 1 Part 3 Division 3 section 1.3.29A, Initial minimum period of service | |
| d. | The member is not on a return of service obligation. See: Chapter 1 Part 3 Division 3 section 1.3.69, Return of service obligation. | |
| 9 | Subsection 3.5.10.3 (Effective service for the purpose of the bonus), table item 10 | |
| Omit "for the purpose of the Defence Personnel Regulations 2002". | ||
| 10 | Section 3.5.25 (Member this Division applies to) | |
| Omit the section, substitute: | ||
3.5.25 Member this Division applies to
| This Division applies to a member who meets all the following conditions. | ||
| a. | The member holds the rank of Able Seaman or Leading Seaman. | |
| b. | The member is entitled to salary under an Electronic Technician pay category in Schedule B.11 Part 1 of DFRT Determination No. 2 of 2017, Salaries, on one of the following dates. | |
| i. | 1 November 2005. | |
| ii. | If the member is re-entering the pay category after an absence, any day after 1 November 2005. | |
| See: Part 1 Schedule B.11, Other Rank pay grades | ||
| c. | The member has completed their initial minimum period of service. | |
| See: Chapter 1 Part 3 Division 3 section 1.3.29A, Initial minimum period of service | ||
| 11 | Paragraph 3.5.40.a (Members this Division applies to) | |
| Omit the paragraph, substitute: | ||
| a. | The member has completed their initial minimum period of service. | |
| See: Chapter 1 Part 3 Division 3 section 1.3.29A, Initial minimum period of service | ||
| 12 | Subsection 3.5.77.2 (Eligible service for the purpose of the scheme), table item 11 | |
| Omit "for the purpose of the Defence Personnel Regulations 2002". | ||
| 13 | Subsection 3.5.77.2 (Eligible service for the purpose of the scheme), table item 12 | |
| Omit "for the purpose of the Defence Personnel Regulations 2002". | ||
| 14 | Subparagraph 3.5.92.1.d.i (Offer to join the bonus scheme) | |
| Omit "for the purpose of the Defence Personnel Regulations 2002", substitute "set at the time of their appointment or enlistment". | ||
| 15 | Subparagraph 3.5.92.1.d.ii (Offer to join the bonus scheme) | |
| Omit "for the purpose of the Defence Personnel Regulations 2002". | ||
| 16 | Paragraph 3.5.92.1.e (Offer to join the bonus scheme), authority note | |
| Omit the authority note. | ||
| 17 | Subsection 3.5.95.2 (Service that counts towards the bonus), table item 9 | |
| Omit "for the purpose of the Defence Personnel Regulations 2002". | ||
| 18 | Paragraph 3.5.97.a (Partial payment of bonus), non-examples | |
| Omit the non-examples. | ||
| 19 | Paragraph 3.5.97.b (Partial payment of bonus) | |
| Omit the paragraph, substitute: | ||
| b. | The member's service is terminated because they are medically unfit for service in the ADF. | |
| See: Paragraph 24(1)(a) of the Defence Regulation 2016 | ||
| 20 | Paragraph 3.6.4.c (Situations that delay service) | ||
| Omit the paragraph, substitute: | |||
| c. | The member has any of the following liabilities. | ||
| i. | An initial minimum period of service. See: Chapter 1 Part 3 Division 3 section 1.3.29A, Initial minimum period of service | ||
| ii. | A return of service obligation. See: Chapter 1 Part 3 Division 3 section 1.3.69, Return of service obligation (definition) | ||
| iii. | The member is on Reserve service. Exception: Reserve member on continuous full-time service. | ||
| 21 | Subsection 3.6.5.1 (Considerations before an offer is made) | ||
| Omit the subsection, substitute: | |||
| 1. | Before deciding that a member is to be given a deliberately differentiated offer, the CDF must have regard to the following circumstances. | ||
| a. | Whether the member has applied, or is expecting to apply, to change their period of service that has the effect of bringing forward the end of the member's service in the Permanent Forces. | ||
| b. | Whether the member has undertaken, or is expected to undertake, a further period of continuous full-time service in the position. | ||
| c. | Whether the member has indicated that they are unwilling to remain in or move to a position critical to capability. | ||
| 22 | Paragraph 4.9.6.1.c (Duties attracting a sessional fee), table item 7 | ||
| Omit "Part 15 of the Defence Force Regulations 1952", substitute "Part 7 of the Defence Regulation 2016". | |||
| 23 | Paragraph 5.3.6.1.a (Refusal to grant a medical absence), note | ||
| Omit the note. | |||
| 24 | Subparagraph 5.3.6.1.b.iv (Refusal to grant a medical absence) | ||
| Omit "under regulation 58E of the Defence Force Regulations 1952". | |||
| 25 | Subsection 5.3.8.1 (Administrative requirements for granting a medical absence), notes | ||
| Omit the notes. | |||
| 26 | Paragraph 5.3.11.a (Travel for medical purposes) |
| Omit "regulation 58E of the Defence Force Regulations 1952", substitute "section 49 of the Defence Regulation 2016". | |
| 27 | Subsection 7.6.57.3 (Member rejects a reasonable offer) |
| Omit "This includes the redress of grievance review available under the Defence Force Regulations 1952." | |
| 28 | Subsection 7.6.57.3 (Member rejects a reasonable offer) |
| After "administrative decisions.", insert: | |
| Note: This includes the redress of grievance review available under Part 7 of the Defence Regulation 2016. | |
| 29 | Section 9.3.69 (Long term illness), cross reference note |
| Omit the cross reference note. | |
| 30 | Section 17.4.8 (Long term illness), cross reference note |
| Omit the cross reference note. |
Schedule 2—Amendments relating to retirement age
Defence Determination 2016/19, Conditions of service
| 1 | Section 1.3.14 (Compulsory retirement age) |
| Omit the section. | |
| 2 | Section 1.3.68 (Restricted destination) |
| After the section, insert: |
1.3.68A Retirement age
| Retirement age has the same meaning as under section 23(4) of the Defence Regulation 2016. | |
| 3 | Section 2.3.2 (Contents) |
| Omit "– management initiated early retirement". | |
| 4 | Section 3.5.7 (Member who is not eligible) |
| Omit the section, substitute: |
3.5.7 Member who is not eligible for a bonus
| A member who meets any of the following circumstances is not eligible to be offered a bonus under this Division. | ||
| a. | The member is medically unfit for service and the unfitness is expected to continue for a period of two years or more. | |
| b. | The member has less than two years to serve until the end of the member's fixed period of service. Exception: The CDF has extended the member's fixed period of service to cover the period of service required for the bonus. | |
| c. | The member has less than two years to serve until the latter of the following days. | |
| i. | The day the member reaches retirement age. | |
| ii. | The last day that the CDF has allowed the member to serve beyond the member's retirement age. See: Paragraph 23(2)(b) of the Defence Regulation 2016 | |
| d. | The member has been given a notice for the purpose of termination under subsection 24(2) of the Defence Regulation 2016. | |
| 5 | Subsection 3.5.36.1 (Payment instead of completion bonus) | ||
| Omit the subsection, substitute: | |||
| 1. | A member who meets any of the following circumstances is not eligible to be offered a bonus under this Division. | ||
| a. | The member dies. | ||
| b. | The member's service is terminated for medical reasons. | ||
| c. | The member's service ends because they have reached their retirement age. | ||
| d. | The member's service is terminated because the member cannot usefully serve because of redundancy. | ||
| 6 | Section 3.5.68 (Member who is not eligible for a bonus under this Division) | ||
| Omit the section, substitute: | |||
3.5.68 Member who is not eligible for a bonus under this Division
| A member who meets any of the following circumstances is not eligible to be offered a bonus under this Division. | |||
| a. | The member has undertaken to perform a period of service for the purpose of another bonus under this Division and has not agreed to transfer to the scheme under this Division. | ||
| b. | Both of the following apply. | ||
| i. | The member will reach retirement age before the end of their agreed period of service. | ||
| ii. | The member does not have a written direction from the CDF under paragraph 23(2)(b) of the Defence Regulation 2016, allowing the member to serve beyond their retirement age until a date that is not earlier than the last day of the agreed period of service required for the bonus. | ||
| c. | The member's period of service will end before the end of the agreed period of service. | ||
| 7 | Subsection 3.5.93.5 (How to accept an offer under this Division), table item 2 | ||
| Omit the table item, substitute: | |||
2. Member who will reach their retirement age before the day that is three years from the commencement date specified in the offer. The member must have a written direction from the CDF under paragraph 23(2)(b) of the Defence Regulation 2016, allowing the member to serve until a day that is not earlier than the last day of the agreed period of service.
| 8 | Annex 3.5.B (Bonus framework form), paragraph 2 of Information about the retention bonus scheme | |
| Omit paragraph 2, substitute: | ||
| 2. | My service in the Permanent Forces is not expected to end before the last day of agreed period of effective service due to reaching retirement age, the end of the period for which I have been given permission to serve beyond my retirement age, or the completion of a fixed period of service. | |
| 9 | Annex 3.5.B (Bonus framework form), paragraph 6 of Information about the retention bonus scheme | |
| Omit paragraph 6, substitute: | ||
| 6. | I may not be asked to repay part of the bonus if I do not complete the agreed period of service for a reason beyond my control. Examples are if I am transferred out of the employment category I am in for Service reasons, my service is terminated because of redundancy or for medical reasons, or I die. | |
| 10 | Annex 3.5.G (Navy – Individuals critical to Navy capability), paragraph 2 of Information about the retention bonus scheme | |
| 2. | My service in the Permanent Forces is not expected to end before the last day of the agreed period of effective service due to reaching retirement age, the end of the period for which I have been given permission to serve beyond my retirement age, or the completion of a fixed period of service. | |
| 11 | Annex 3.5.G (Navy – Individuals critical to Navy capability), paragraph 6 of Information about the retention bonus scheme | |
| Omit the paragraph, substitute: | ||
| 6. | I may not be asked to repay part of the bonus if I do not complete the agreed period of service for a reason beyond my control. Examples are if I transfer out of the trade, employment category or primary qualification I am in for Service reasons; my service is terminated because of redundancy or for medical reasons; or I die. | |
| 12 | Annex 3.5.G (Navy – Individuals critical to Navy capability), Part B | |
| Omit: | ||
| I have applied to extend my fixed period of service, or have sought extension of my compulsory retirement age beyond the period of service required for the bonus. | Yes [ ] | No [ ] |
| Substitute in its place: |
| I have applied to extend my fixed period of service beyond the period of agreed service required for the bonus. | Yes [ ] | No [ ] |
| I have a written direction from the CDF allowing me to serve beyond my retirement age. | Yes [ ] | No [ ] |
| 13 | Annex 3.5.I (Army – targeted rank and employment category completion bonus), Part A | |
| Omit "To accept the offer you must also extend your compulsory retirement age to at least three years from the commencement date below. You must apply to extend your compulsory retiring age and have your application approved", substitute "To accept the offer, if the period of agreed service extends beyond your retirement age, you must have a written direction from CDF allowing you to serve to a day that will allow you to complete the period required for the bonus". | ||
| 14 | Section 5.5.5 (Definitions), definition of compulsory retirement age | |
| Omit the definition. | ||
| 15 | Subsection 5.5.28.1 (Pro rata entitlement) | |
| Omit the subsection, substitute: | ||
| 1. | A member who has more than one year but less than 10 years of accrued service may be entitled to a pro rata payment instead of long service leave. Their service must end for one of these reasons. | |
| a. | The member cannot usefully serve because of redundancy. | |
| b. | The member is medically unfit for service. | |
| c. | The member has reached their retirement age. | |
| d. | The member has received a special benefit payment under Chapter 2 Part 3 Division 3. | |
| e. | The member dies. | |
| 16 | Subsection 5.5.28.2 (Pro rata entitlement) | |
| Omit "compulsory". | ||
Schedule 3—Amendments relating to redundancy
Defence Determination 2016/19, Conditions of service
| 1 | Section 2.3.3 (Purpose) |
| Omit the section, substitute: |
2.3.3 Purpose
| The purpose of this Division is to provide financial benefits for a member whose service in the Permanent Forces is being terminated because of redundancy. | ||
| 2 | Paragraph 2.3.4.a (Member this Division applies to) | |
| Omit the paragraph, substitute: | ||
| a. | The service of the member is terminated by the CDF under paragraph 24(1)(b) of the Defence Regulation 2016. | |
| 3 | Subsection 2.3.5.1 (Benefit) | |
| Omit "being declared redundant", substitute "their service being terminated because of redundancy". | ||
| 4 | Subsection 2.3.5.4 (Benefit) | |
| Omit the subsection, substitute: | ||
| 4. | If the member's retirement age is less than 48 weeks from the day the service of the member is to be terminated, the amount payable is for the period up to the member's retirement age. | |
| 5 | Section 2.3.6 (Additional payment) | |
| Omit the section, substitute: | ||
2.3.6 Additional payment
| 1. | This section applies to a member to which both the following apply. | |
| a. | The member's service is terminated early under paragraph 24(1)(b) of the | |
| b. | The member provides a written response within the notice period requesting their service end on a day that is less than five weeks from the day the notice under section 24(2) of the Defence Regulation 2016 was given to the member. | |
| 2. | The member may be paid an additional amount for the period between the following two days. | |
| a. | The day after the member's service ends. | |
| b. | The last day of the five week period beginning the day the member was given the notice under section 24(2) of the Defence Regulation 2016. | |
| 3. | For the purpose of subsection 2, the additional amount is the salary and Service allowance the member would receive had they continued to serve during that period. | |
| 6 | Section 2.3.7 (Amount repayable if member continues service) | |
| Omit the section, substitute: | ||
2.3.7 Amount repayable if member continues service
| A member paid an amount under this Division must repay that amount to the Commonwealth if the member begins a further period of continuous full-time service, within one year of ceasing to be a member of the Permanent Forces. |
| Exception: The CDF decides the member does not have to repay the amount. |
| Note: This power must be exercised by the CDF personally. |
Schedule 4—Amendments relating to ADF Chaplains
Defence Determination 2016/19, Conditions of service
| 1 | Section 1.4.2 (Chaplain taken to hold rank) |
| Omit the section, substitute: |
1.4.2 Chaplain classification for benefit purposes
| A Chaplain's classification is used to work out their conditions of service benefits, as listed in the following table. |
Item If a Chaplain's classification is… then they are eligible for the same conditions of service benefits as a… 1. Division 1 Captain. 2. Division 2 Major. 3. Division 3 Lieutenant Colonel. 4. Division 4 Colonel. 5. Division 5 Brigadier.
| 2 | Paragraph 3.2.41.1.b (Chaplain and dental officers – increment advancement and promotion) |
| Omit "is promoted to a higher rank", substitute "advances to a higher division". | |
| 3 | Subsection 3.2.41.4 (Chaplain and dental officers – increment advancement and promotion) |
| Omit "at the new rank", substitute "for their new division or rank". |
Schedule 5—Amendments relating to transfers from Permanent Forces to Reserves
Defence Determination 2016/19, Conditions of service
| 1 | Paragraph 3.5.14.1.b (Member leaves scheme) | |
| Omit the paragraph, substitute: | ||
| b. | The CDF transfers the member from the Permanent Forces to the Reserves under section 16 of the Defence Regulation 2016. | |
| 2 | Paragraph 3.5.72.1.b (Repayment) | |
| Omit the paragraph, substitute: | ||
| b. | The CDF transfers the member from the Permanent Forces to the Reserves under section 16 of the Defence Regulation 2016. | |
Schedule 6—Amendments relating to alteration of service obligation
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 2.2.9.4 (Eligibility for assistance), table |
| Omit the table, substitute: |
Item If the member has completed... then the assistance level is... 1. less than 12 years' service Level 1. 2. 12 but less than 18 years' service Level 2. 3. 18 or more years of service, or one of the following applies.
a. The member's service has been terminated because the member is medically unfit.
b. The member's service has been terminated because the member cannot usefully serve because of redundancy.
c. The member has received a special benefit payment under Part 3 Division 3.d. The member ceases service on or after reaching their retirement age.
Level 3.
| 2 | Section 2.2.10 (Assistance summary) |
| Omit the section, substitute: |
2.2.10 Restrictions on assistance
| A member whose assistance level is 2 or 3 may be provided assistance for either of the following benefits. | ||
| a. | Career transition training. | |
| b. | Career transition management coaching. | |
| Exception: The member may be provided with assistance for both benefits if either of the following applies. | ||
| a. | The member's service has been terminated because the member is medically unfit. | |
| b. | The member has received a special benefit payment under Part 3 Division 3. | |
3 | Subsection 2.2.29.3 (Benefit) | |
| Omit the subsection. | ||
| 4 | Subsection 2.2.31.1 (Benefit) | |
| Omit the subsection, substitute: | ||
| 1. | A member is eligible for financial counselling if any of the following apply. | |
| a. | The member's service has been terminated because the member is medically unfit. | |
| b. | The member's service has been terminated because the member cannot usefully serve because of redundancy. | |
| c. | The member has received a special benefit payment under Part 3 Division 3. | |
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