Defence Determination, Conditions of service Amendment Determination 2020 (No. 13) (Cth)

Defence Determination, Conditions of service Amendment Determination 2020 (No. 13)

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

Dated 7 July 2020

F L McSPEERIN

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Employment categories salary non-reduction amendments               2

Defence Determination 2016/19, Conditions of service  2

Schedule 2— Reserve allowances amendments  4

Defence Determination 2016/19, Conditions of service  4

Schedule 3—Disturbance allowance and Vehicle allowance  6

Defence Determination 2016/19, Conditions of service  6

Schedule 4—Child supplement and location allowance amendment  8

Defence Determination 2016/19, Conditions of service  8

Schedule 5—Benchmark schools – Canada  9

Defence Determination 2016/19, Conditions of service  9

Schedule 6—Deployment allowance  10

Defence Determination 2016/19, Conditions of service  10

Schedule 7—Deployment allowance – Libya  11

Schedule 8—Transitional provisions – Reserve allowances  12

Schedule 9—Transitional provisions – Operation FORTITUDE and Operation PALADIN  13

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2020 (No. 13).

2  Commencement

This instrument commences on 9 July 2020.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Employment categories salary non-reduction amendments

Defence Determination 2016/19, Conditions of service

1	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower) Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 4
Omit the table item, substitute:

4.	Pay grade 3	Information Systems Technician Grade 2 (Reserve)	9 July 2020	9 July 2025
4A.	Pay grade 3	Musician Grade 1	7 March 2019	7 March 2024

2	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower) Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 12
Omit the table item, substitute:

12.	Pay grade 4	Information Systems Advanced Technician (Reserve)	9 July 2020	9 July 2025
12A.	Pay grade 4	Musician Grade 2	7 March 2019	7 March 2024

3	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower) Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 19
Omit the table item, substitute:

19.	Pay grade 5	Information Systems Detachment Commander (Reserve)	9 July 2020	9 July 2025
19A.	Pay grade 5	Musician Grade 3	7 March 2019	7 March 2024

4	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower) Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 3
Before the table item, insert:

2A. Pay Grade 1 Telecommunications Systems Linesman Grade 1 (Reserve) 9 July 2020 9 July 2025

5	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower) Part 2: Members with the rank of Warrant Officer Class 2 or lower, table item 17
After the table item, insert:

17A. Pay Grade 5 Electronic Warfare Detachment Commander 9 July 2020 9 July 2022

Schedule 2— Reserve allowances amendments

Defence Determination 2016/19, Conditions of service

1	Section 1.3.50 (Paid leave)
After the section, insert:

1.3.50AA    Pattern of Reserve service

Pattern of Reserve service means the periods that a member of the Reserves has agreed with their supervisor that they would attend for duty.
2	Paragraph 3.5.14H.c (Member eligible for Reserve capability completion bonus)
Omit the paragraph.
3	Section 3.5.14I (Payment of the bonus)
After the section, insert:

3.5.14IA    Recognised service

1.	For the purpose of paragraph 3.5.14I.1.a, all of the following count towards the number of days specified in a member’s Service Category 4 undertaking.
a.	A day on which the member provided reserve service.
b.	A day on which the member is on continuous full-time service performed as a requirement of a call out order under Division 3 of Part III of the Act after 27 November 2019.
c.	A day in a pattern of Reserve service that the member was unable to provide because of restriction or limitation imposed by or under a law of a State or Territory, however described from 27 March 2020.
d.	A day in a pattern of Reserve service the member would have provided if it had not been cancelled for the purposes of controlling an infectious disease from 27 March 2020.
4	Subsection 4.9.17.1 (Health support allowance – Members on Reserve service)
Omit the subsection, insert:
1.	A member of the Reserves is eligible for a payment of $600.00 if they meet all of the following in a financial year.
a.	They provide a minimum of 20 days service made up of any combination of the following.
i.	A day on which the member provides reserve service.
ii.	A day on which the member is on continuous full-time service performed as a requirement of a call out order under Division 3 of Part III of the Act.
iii.	A day in a pattern of Reserve service that the member was unable to provide because of restriction or limitation imposed by or under a law of a State of Territory, however described.
iv.	A day in a pattern of Reserve service the member would have provided if it had not been cancelled for the purposes of controlling an infectious disease.
b.	They have not received an allowance under paragraph 4.9.16.3.b in the same financial year.
5	Section 4.9.18 (Definitions)
Omit the definition of “Pattern of Reserve service”.

Schedule 3—Disturbance allowance and Vehicle allowance

Defence Determination 2016/19, Conditions of service

1	Subsection 6.1.6.2 (Amount of allowance)
Omit the subsection, substitute:
2.	The amount of disturbance allowance is the amount specified in column C of the following table which coincides with both of the following.
a.	The circumstances of the member described in column A.
b.	The number of the current removal, as defined in section 6.1.7, specified in column B.

Item	Column A Circumstances of member	Column B Number of the current removal	Column C Amount $
1.	Member with dependants
	Removal to a new location	1st or 2nd removal	1,256
		3rd or 4th removal	1,674
		5th or 6th removal	2,094
		7th or subsequent removal	2,512
	Removal within the same location	each time	629
	Removal from overseas	1st or 2nd removal	251
		3rd or 4th removal	502
		5th or subsequent removal	754
2.	Member without dependants or member with dependants (unaccompanied)
	Removal to a new location:
	from living out to living out	1st or 2nd removal	629
		3rd or 4th removal	838
		5th or 6th removal	1,046
		7th or subsequent removal	1,256
	from living out to living in, or from      living in to living out	1st or 2nd removal	314
		3rd or 4th removal	418
		5th or 6th removal	524
		7th or subsequent removal	629
	from living in to living in	1st or 2nd removal	157
		3rd or 4th removal	210
		5th or 6th removal	261
		7th or subsequent removal	314
	Removal within the same location:
	from living in to living in, between      different establishments, units or      bases	each time	157
	from living out to living in, or from      living in to living out	each time	157
	from living out to living out	each time	314
	Removal from overseas	1st or 2nd removal	126
		3rd or 4th removal	251
		5th or subsequent removal	377
	Removal from storage to living-in accommodation, after deployment of more than 6 months.	each time	157
	Removal from storage to living-out accommodation, after deployment of more than 6 months.	each time	314

2	Subsection 6.1.12.1 (A child changing school – additional payment)
Omit "$235", substitute "$239".
3	Subsection 9.6.25.1 (Amount of allowance and calculation of distance), formula, description b
Omit description b substitute:
b.	the rate for a vehicle with an engine capacity in an item in the following table that corresponds with an engine type in column A, B or C is the amount in column D of the same item.

Item	Column A Non-rotary engine	Column B Rotary engine	Column C Electric engine	Column D Rate per km
1.	more than 2600cc	More than 1300cc	-	87 cents
2.	1601cc – 2600cc	801cc – 1300cc	-	85 cents
3.	1600cc or less	800cc or less	Any size	67 cents

Schedule 4—Child supplement and location allowance amendment

Defence Determination 2016/19, Conditions of service

1	Subsection 15.2A.20.2A (Amount of allowance)
Omit the subsection, substitute:
2A.	For the purpose of subsection 2, the base rate for a child of the age in column A of the following table is the rate in column B of the same item.

Item	Column A Child's age	Column B Base rate (AUD)
1.	Under 3 years old	316
2.	Between 3 and 12 years old	243
3.	Between 12 and 18 years old	291

2	Subsection 16.2A.5.1 (Rate of allowance)
Omit the subsection, substitute:
1.	Subject to section 16.2A.7, the rate of location allowance for a member in a location where they are performing duty with the hardship location grade specified in column A of the following table is either of the following.
a.	For a member who is unaccompanied — the rate specified in column B of the same item.
b.	For a member who is accompanied — the rate specified in column C of the same item.

Item	Column A Hardship location grade	Column B Rate for an unaccompanied member (AUD per year)	Column C Rate for an accompanied member (AUD per year)
1.	A	Nil	Nil
2.	B	Nil	Nil
3.	C	15,164	22,746
4.	D	20,218	30,327
5.	E	25,273	37,909
6.	F	30,327	45,491

Schedule 5—Benchmark schools – Canada

Defence Determination 2016/19, Conditions of service

1	Annex 15.6.A (Benchmark schools), table item 3
Omit the table item, substitute:

3. Canada Turnbull School, Ottawa For grades 1–3, Turnbull School, Ottawa
For grades 4-6, Ashbury College, Ottawa Ashbury College, Ottawa

Schedule 6—Deployment allowance

Defence Determination 2016/19, Conditions of service

1	Subsection 17.7.6.1 (Rate of allowance), table
After table item 3, insert:

3A.	FORTITUDE	Egypt, Israel and Jordan	90.67
		Lebanon	141.41
		Syria	166.44

2	Subsection 17.7.6.1 (Rate of allowance), table
After table item 8, insert:

8A. ORENDA The land territory and superjacent airspace of Mali 166.44

3	Subsection 17.7.6.1 (Rate of allowance), table
Omit table item 9, substitute:

9.	PALADIN	Egypt, Israel and Jordan	90.67
		Lebanon	141.41
		Syria	166.44

Schedule 7—Deployment allowance – Libya

1.    Member this Schedule applies to

This Schedule applies to a member who was on a deployment in the land, territorial waters and superjacent airspace of Libya (the ‘prescribed area’) between 30 June 2017 and the 5 June 2019.

2.    Eligibility for deployment allowance

1.	Subject to subsection 2, a member is eligible for deployment allowance – Libya for each day of duty performed in the prescribed area.
2.	A member is not eligible for deployment allowance – Libya if they are eligible for deployment allowance for an operation named in column A of the table in subsection 17.7.6.1 of Defence Determination 2016/19, Conditions of service, as in force from time to time, while deployed in the prescribed area.

3.    Rate of deployment allowance – Libya

The rate of deployment allowance – Libya for a period commencing on the day in an item in column A and ending on the day in the same item in column B of the following table is the rate in column C of that item.

Item	Column A Period start date	Column B Period end date	Column C Daily rate
1.	30 June 2017	1 November 2017	AUD 133.26
2.	2 November 2017	31 October 2018	AUD 135.92
3.	1 November 2018	5 June 2019	AUD 138.94

4.    Temporarily leaving the prescribed area

If a member is eligible for deployment allowance – Libya under section 2, subsection 17.7.8.1 of Defence Determination 2016/19, Conditions of service applies if the member temporarily leaves the prescribed area.

Schedule 8—Transitional provisions – Reserve allowances

1.    Definitions

In this Schedule, the Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.

2.    Reserve capability completion bonus

1.	This section applies to a member who meets all of the following.
a.	They would have been eligible for a payment under Chapter 3 Part 5 Division 2B of the Determination between 27 November 2019 and the commencement of Schedule 1 had it been in force at the time.
b.	They became eligible payment for a under Chapter 3 Part 5 Division 2B of the Determination immediately after the commencement of this Schedule.
2.	For the purpose of subsection 3.5.14I.4 of the Determination, the member is taken to have received the payment on the day they would have been eligible for it had Schedule 1 applied.

3.    Health support allowance – Members on Reserve service

1.	This section applies to a member who meets all of the following.
a.	They were not eligible for a payment under section 4.9.17 of the Determination in the financial year commencing 1 July 2019.
b.	They would have been eligible for a payment under section 4.9.17 of the Determination in the financial year commencing 1 July 2019 had Schedule 1 applied.
2.	The member is eligible for a payment of $600.

Schedule 9—Transitional provisions – Operation FORTITUDE and Operation PALADIN

1	Deployment allowance – Operation FORTITUDE
1.	This section applies to a member who performed duty on Operation FORTITUDE in the specified area in table item 3A of subsection 17.7.6.1 of Defence Determination 2016/19, Conditions of service, as amended by this Determination, at any time between 30 April 2019 and the commencement of this Determination.
2.	If the amount in paragraph a is greater than the amount in paragraph b the member is eligible for the difference between the following amounts for the days within the period in subsection 1 they performed duty on the Operation.
a.	The total amount of deployment allowance payable under subsection 3 for the days within the period in subsection 1.
b.	The amount of deployment allowance the member received.
3.	The rate of deployment allowance for a member who has performed duty between the dates in an item in column A and column B of the following table in a country in column C of the same item is the rate in column D of that item.

Item	Column A Period start date	Column B Period end date	Column C Country deployed	Column D Daily rate
1.	30 April 2019	15 September 2019	Egypt, Israel, Jordan and Lebanon	AUD 88.90
2.	30 April 2019	15 September 2019	Syria	AUD 163.18
3.	16 September 2019	13 November 2019	Egypt, Israel and Jordan	AUD 88.90
4.	16 September 2019	13 November 2019	Lebanon	AUD 138.64
5.	16 September 2019	13 November 2019	Syria	AUD 163.18
6.	14 November 2019	The commencement of this Determination	Egypt, Israel and Jordan	AUD 90.67
7.	14 November 2019	The commencement of this Determination	Lebanon	AUD 141.41
8.	14 November 2019	The commencement of this Determination	Syria	AUD 166.44

2	Deployment allowance – Operation PALADIN
1.	This section applies to a member who performed duty in Operation PALADIN in the specified area in table item 9 of subsection 17.7.6.1 of Defence Determination 2016/19, Conditions of service, as amended by this Determination, at any time between 16 September 2019 and the commencement of this Determination.
2.	If the amount in paragraph a is greater than the amount in paragraph b the member is eligible for the difference between the following amounts for the days within the period in subsection 1 they performed duty on the Operation.
a.	The total amount of deployment allowance payable under subsection 3 for each day for the days within the period in subsection 1.
b.	The amount of deployment allowance the member received.
3.	The rate of deployment allowance for a member who has performed duty between the dates in an item in column A and column B of the following table in a country in column C of the same item is the rate in column D of that item.

Item	Column A Period start date	Column B Period end date	Column C Country deployed	Column D Daily rate
1.	16 September 2019	13 November 2019	Egypt, Israel and Jordan	AUD 88.90
2.	16 September 2019	13 November 2019	Lebanon	AUD 138.64
3.	16 September 2019	13 November 2019	Syria	AUD 163.18
4.	14 November 2019	The commencement of this Determination	Egypt, Israel and Jordan	AUD 90.67
5.	14 November 2019	The commencement of this Determination	Lebanon	AUD 141.41
6.	14 November 2019	The commencement of this Determination	Syria	AUD 166.44