Defence Determination, Conditions of service Amendment Determination 2020 (No. 20) (Cth)
Defence Determination, Conditions of service Amendment Determination 2020 (No. 20)
I, JENNIFER LOUISE STATTON, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 28 September 2020
Jennifer Louise Statton
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—Miscellaneous amendments 2
Defence Determination 2016/19, Conditions of service 2
Schedule 2—Overseas conditions of service amendment 11
Defence Determination 2016/19, Conditions of service 11
Schedule 3—Maritime Logistics Personnel amendments 19
Defence Determination 2016/19, Conditions of service 19
Schedule 4—Reserve Capability Payment amendments 20
Defence Determination 2016/19, Conditions of service 20
Schedule 5—Benchmark schools amendments 22
Defence Determination 2016/19, Conditions of service 22
Schedule 6—Operation FORTITUDE amendments 23
Defence Determination 2016/19, Conditions of service 23
1 Name
This instrument is the Defence Determination, Conditions of service Amendment Determination 2020 (No. 20).
2 Commencement
This instrument commences on 1 October 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 1.6.1.4 (Dual entitlement – member's adult dependant is also a member) | |
| Omit the subsection. | ||
| 2 | Subsection 1.6.1.5 (Dual entitlement – member's adult dependant is also a member) | |
| Omit the subsection. | ||
| 3 | Subsection 3.2.7.2 (Administration of salary and allowances) | |
| Omit the subsection, substitute: | ||
| 2. | The daily rate of an annual rate of salary or allowance set by the DFRT or an allowance under this Determination is the annual rate divided by 365. | |
| 4 | Subsection 3.2.7A.4 (Administration of salary and allowances – member on a flexible service determination) | |
| Omit the subsection, substitute: | ||
| 4. | The daily rate of an annual rate of the following allowances is the annual rate divided by 365. | |
| a. | ADF District allowance under Chapter 4 Part 4 Division 1 and Division 2. | |
| b. | Scherger allowance under Chapter 4 Part 4 Division 4. | |
| c. | Antarctic allowance under Chapter 4 Part 4 Division 6. | |
| d. | Common duties allowance (Antarctic) under Chapter 4 Part 4 Division 6. | |
| e. | Antarctic parity allowance under Chapter 4 Part 4 Division 8. | |
| 5 | Section 3.2.49 (Definitions) | |
| Omit the section, substitute: | ||
3.2.49 Definitions
| In this Division the following apply. | ||
| Relevant employment category means an employment category listed in column B of tables in the following Annexes. | ||
| a. | Annex 3.2.B – Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower. | |
| b. | Annex 3.2.D – Salary non-reduction – Officers. | |
| 6 | Paragraph 3.6.5.2.j (Considerations before an offer is made), see note | |
| Omit the see note. | ||
| 7 | Section 4.4.6 (Members who are not eligible) | |
| Omit the section, substitute: | ||
4.4.6 Members who are not eligible
| A member is not eligible for ADF district allowance for any period they are eligible for Antarctic allowance under Division 6. | ||
| 8 | Paragraph 5.3.2.c (Member this Part applies to) | |
| Omit “and 5.3.8”. | ||
| 9 | Section 5.10.1 (Purpose) | |
| Omit the section. | ||
| 10 | Chapter 5 Part 10 Division 1 (Leave without pay), heading | |
| Omit the heading. | ||
| 11 | Paragraph 5.10.4.3.h (Grant of leave without pay) | |
| Omit the paragraph, substitute: | ||
| h. | Any approved employment to be undertaken by the member. | |
| 12 | Subsection 6.5.28.1 (Removal of gap year members), see note | |
| Omit the see note. | ||
| 13 | Chapter 7 Part 1 Division 2 (Family type fast-find index) | |
| Omit the Division. | ||
| 14 | Subsection 7.1.16A.3 (Puckapunyal housing trial member) | |
| Omit “2020”, substitute “2023”. | ||
| 15 | Section 8.3.1 (Overview) | |
| Omit the section. | ||
| 16 | Chapter 9 Part 2 Division 1 (Travel for applicants for entry into the ADF) | |
| Omit the Division. | ||
| 17 | Section 9.6.2 (Basis) | |
| Omit the section. | ||
| 18 | Section 15.1.5 (Christmas stand-down) | |
| Omit the section, substitute: | ||
15.1.5 Christmas stand-down
| 1. | A member is eligible for a short absence for each day in a Christmas stand-down period if they are not required for duty. |
| 2. | If a member is required to perform duty on a day in the Christmas stand-down period, the member is eligible for a short absence on another day set by a person in the member’s chain of command or line management. |
| 3. | The Christmas stand-down period for the year listed in an item in Column A of the following table includes the days listed in Column B of the same item. |
| Item | Column A Year | Column B Stand-down days |
| 1. | 2020-2021 | 24 December 2020 |
| 26 December 2020 | ||
| 27 December 2020 | ||
| 29 December 2020 | ||
| 30 December 2020 | ||
| 31 December 2020 | ||
| 2. | 2021-2022 | 24 December 2021 |
| 26 December 2021 | ||
| 29 December 2021 | ||
| 30 December 2021 | ||
| 31 December 2021 | ||
| 3. | 2022-2023 | 28 December 2022 |
| 29 December 2022 | ||
| 30 December 2022 | ||
| 31 December 2022 | ||
| 1 January 2023 | ||
| 3 January 2023 |
| 4. | A member is not prevented from taking a type of leave under Chapter 5 either before or after a day of short absence during the Christmas stand-down. |
| 19 | Subsection 15.4.6.4 (Housing benefits) |
| Omit the subsection, substitute: | |
| 4. | A member is eligible for the cost of rent for the housing authorised under subsection 3. Note: A member may be required to pay a contribution towards the rent under Division 4. |
| 5. | The benefit provided under subsection 4 may be paid by way of reimbursement to the member or directly to the landlord or their agent. |
| 20 | Section 15.4.15 (Benefit) |
| Omit the section, substitute: |
15.4.15 Benefit
| 1. | A member on long-term posting is eligible to be reimbursed the cost of utilities. Note: A member may be required to pay a contribution towards the cost of utilities under Division 4. | |
| 2. | If the member fails to exercise care and economy, the member must pay an amount that the CDF considers reasonable for additional utilities costs having regard to the following. | |
| a. | The make-up of the member's family. | |
| b. | The condition and nature of the residence occupied by the member. | |
| c. | The climatic conditions at the posting location. | |
| d. | The level of use of utilities by the member. | |
| e. | Any special circumstance affecting the member that may cause a high level of use of utilities. | |
| 3. | A member will not be reimbursed for swimming pool heating. | |
| 21 | Chapter 15 Part 4 Division 3 (Rent groups) | |
| Omit the Division. | ||
| 22 | Section 15.4.17 (Purpose) | |
| After the section, insert: | ||
15.4.17A Definitions
| In this Division, the following apply. | ||
| Rent group, for a member who meets the requirements in an item in one of the following columns of the table in Annex 15.4.A, means the rent group in column D of the same item. | ||
| a. | If the member is in the Navy — column A. | |
| b. | If the member is in the Army — column B. | |
| c. | If the member is in the Air Force — column C. | |
| 23 | Section 15.4.18 (Rent and utilities contribution) | |
| Omit the section, substitute: | ||
15.4.18 Rent contribution
| 1. | A member who receives a payment for rent under subsection 15.4.6.4 must pay a rent contribution. | |
| 2. | Unless Division 5 applies, a member’s rent contribution for a member with a rent group in an item in column A of the table in Annex 15.4.B Part 1 is the following. | |
| a. | If the member is an unaccompanied member, the amount in column B of the same item. | |
| b. | If the member is an accompanied member, the amount in column C of the same item. | |
| Note: Contributions are deducted from the member’s fortnightly salary. | ||
15.4.18A Utilities contribution
| 1. | A member who is reimbursed the cost of utilities under subsection 15.4.15 must pay a utilities contribution. | |
| 2. | Unless Division 5 applies, a member’s weekly utilities contribution for their rent group in an item in column A of Annex 15.4.B Part 2 is the following. | |
| a. | If the member is an unaccompanied member, the amount in column B of the same item. | |
| b. | If the member is an accompanied member, the amount in column C of the same item. | |
| Note: Contributions are deducted from the member’s fortnightly salary. | ||
| 24 | Section 15.4.22 (Purpose) | |
| After the section, insert: | ||
15.4.22A Posting to hardship locations
| If the member's posting location has a hardship location grade, the sum of the following contributions that would be payable by the member is reduced by AUD 10 a week. | ||
| a. | Rent contribution under section 15.4.18. | |
| b. | Utilities contribution under section 15.4.18A. | |
| 25 | Section 15.4.23 (Maintaining a household in Australia) | |
| Omit the section, substitute: | ||
15.4.23 Maintaining a household in Australia
| 1. | If the member establishes or maintains a home in Australia to accommodate a dependant, the following apply. | |
| a. | Subject to subsection 3, the member’s rate of rent contribution payable under section 15.4.18 may be reduced by the CDF. | |
| b. | The member does not have to pay a utilities contribution. | |
| 2. | In setting the reduced rate of rent contribution, the CDF must consider all of the following. | |
| a. | The costs incurred by the member. | |
| b. | The reason the member established the household. | |
| c. | The location where the dependant lives before and after the beginning of the member's posting. | |
| d. | The age and welfare of the dependant. | |
| e. | The financial circumstances of the member and the dependant. | |
| f. | Any other factor relevant to the establishment and maintenance of a household. | |
| 3. | The member is not eligible for a reduction of rent contribution for a child if they are eligible for assistance with boarding school costs for the child. | |
| 26 | Annex 15.4.A (Rent group overseas) | |
| Omit the annex, substitute: | ||
Annex 15.4.A: Rent group overseas
| Item | Column A Navy | Column B Army | Column C Air Force | Column D Rent group |
| 1. | One of the following: b. Able Seaman (pay grade 1) | One of the following: a. Private (pay grade 1) b. Lance Corporal (pay grade 1) | One of the following: a. Aircraftman (pay grade 1) b. Leading Aircraftman (pay grade 1) | 1 |
| 2. | One of the following: c. Leading Seaman (pay grade 1 or 2) | One of the following: c. Corporal (pay grade 1 or 2) | One of the following: c. Corporal (pay grade 1 or 2) | 2 |
| 3. | One of the following: d. Acting Sub Lieutenant | One of the following: d. Second Lieutenant | One of the following: d. Pilot Officer | 3 |
| 4. | One of the following: b. Petty Officer (pay grade 1, 2, 3, 4 or 5) | One of the following: b. Sergeant (pay grade 1, 2, 3, 4 or 5) | One of the following: b. Sergeant (pay grade 1, 2, 3, 4 or 5) | 4 |
| 5. | One of the following: d. Sub Lieutenant | One of the following: d. Lieutenant | One of the following: d. Flying Officer | 5 |
| 6. | One of the following: b. Sub Lieutenant (who is paid salary under Schedule B.4 of DFRT Determination No. 2 of 2017, Salaries) | One of the following: b. Lieutenant (who is paid salary under Schedule B.4 of DFRT Determination No. 2 of 2017, Salaries) | One of the following: b. Flying Officer (who is paid salary under Schedule B.4 of DFRT Determination No. 2 of 2017, Salaries) | 6 |
| 7. | One of the following: b. Lieutenant | One of the following: b. Captain | One of the following: b. Flight Lieutenant | 7 |
| 8. | Lieutenant Commander | Major | Squadron Leader | 9 |
| 9. | One of the following: b. Commander | One of the following: b. Lieutenant Colonel | One of the following: b. Wing Commander | 11 |
| 10. | One of the following: b. Captain | One of the following: b. Colonel | One of the following: b. Group Captain | 12 |
| 11. | One of the following: b. Commodore | One of the following: b. Brigadier | One of the following: b. Air Commodore | 14 |
| 12. | Captain (who is a Medical Officer or a Dental Officer) | Colonel (who is a Medical Officer or a Dental Officer) | Group Captain (who is a Medical Officer or a Dental Officer) | 15 |
| 13. | One of the following: b. Rear Admiral | One of the following: b. Major General | One of the following: b. Air Vice Marshal | 16 |
| 14. | Vice Admiral | Lieutenant General | Air Marshal | 18 |
| 27 | Annex 15.4.B (Rent and utilities contribution) |
| Omit the Annex, substitute: |
Annex 15.4.B: Rent and utilities contribution
Part 1: Rent contribution
| Item | Column A Rent group | Column B Unaccompanied | Column C Accompanied |
| 1. | 1 | 3.00 | 30.00 |
| 2. | 2 | 4.00 | 32.00 |
| 3. | 3 | 10.00 | 40.00 |
| 4. | 4 | 16.00 | 48.00 |
| 5. | 5 | 21.00 | 57.00 |
| 6. | 6 | 29.00 | 69.00 |
| 7. | 7 | 34.00 | 75.00 |
| 8. | 8 | 40.00 | 86.00 |
| 9. | 9 | 48.00 | 97.00 |
| 10. | 10 | 58.00 | 112.00 |
| 11. | 11 | 63.00 | 120.00 |
| 12. | 12 | 67.00 | 127.00 |
| 13. | 13 | 73.00 | 134.00 |
| 14. | 14 | 92.00 | 164.00 |
| 15. | 15 | 106.00 | 185.00 |
| 16. | 16 | 120.00 | 205.00 |
| 17. | 17 | 135.00 | 228.00 |
| 18. | 18 | 151.00 | 250.00 |
Part 2: Utilities contribution
| Item | Column A Rent group | Column B Unaccompanied | Column C Accompanied |
| 1. | 1 | 9.00 | 13.00 |
| 2. | 2 | 9.00 | 13.00 |
| 3. | 3 | 9.00 | 14.00 |
| 4. | 4 | 9.00 | 14.00 |
| 5. | 5 | 10.00 | 15.00 |
| 6. | 6 | 10.00 | 15.00 |
| 7. | 7 | 10.00 | 16.00 |
| 8. | 8 | 11.00 | 16.00 |
| 9. | 9 | 11.00 | 17.00 |
| 10. | 10 | 11.00 | 17.00 |
| 11. | 11 | 12.00 | 17.00 |
| 12. | 12 | 12.00 | 17.00 |
| 13. | 13 | 12.00 | 18.00 |
| 14. | 14 | 13.00 | 19.00 |
| 15. | 15 | 13.00 | 19.00 |
| 16. | 16 | 13.00 | 20.00 |
| 17. | 17 | 14.00 | 21.00 |
| 18. | 18 | 14.00 | 22.00 |
Schedule 2—Overseas conditions of service amendment
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 3.2.7A.2 (Administration of salary and allowances – member on a flexible service determination), Table |
| Omit the table, substitute: |
Item Allowance Reference 1. Child supplement allowance Chapter 15 Part 2A Division 4 2. Cost of living adjustment Chapter 15 Part 2A Division 2 3. Cost of Posting Allowance Chapter 15 Part 2A Division 3 4. Executive vehicle allowance Chapter 4 Part 6 5. Higher duties allowance Chapter 4 Part 1 6. Language allowance Chapter 4 Part 3 Division 1 7. Location allowance Chapter 16 Part 2A 8. Port Wakefield allowance Chapter 4 Part 4 Division 3 9. Trainee's dependant allowance Chapter 4 Part 8 Division 1 10. Uniform allowance Chapter 10 Part 1
| 2 | Subsection 3.7.2.2 (Benefits continue in some situations), Table |
| Omit the table, substitute: |
Item Benefit For conditions for payment, see 1. ADF district allowance Chapter 4 Part 4 Divisions 1 and 2 2. Dependants with special needs assistance Chapter 8 Part 6 3. Education assistance Chapter 8 Part 4 4. Housing assistance Chapter 7 5. Overseas living allowances Chapter 15 Part 2A 6. Port Wakefield allowance Chapter 4 Part 4 Division 3 7. Removal and storage for a member with dependants Chapter 6 Part 5 8. Uniform allowance Chapter 10 Part 1
| 3 | Subsection 3.7.2.2 (Benefits continue in some situations), See note | |
| Omit the see note. | ||
| 4 | Subsection 5.4.17.1 (Service in a remote location), Notes paragraph a | |
| Omit the paragraph, substitute: | ||
| a. | Additional recreation leave credit for service at overseas hardship location is authorised by Chapter 16 Part 3A. | |
| 5 | Paragraph 5.8.6.2.b (War service leave and other leave), See note | |
| Omit “Part 3”, substitute “Part 3A”. | ||
| 6 | Section 12.3.9A (Member posted before 1 July 2017) | |
| Omit the section. | ||
| 7 | Section 12.3.9B (Member posted on or after 1 July 2017) | |
| Omit the section. | ||
| 8 | Section 12.3.12 (Ordinary period of posting), Exception | |
| Omit “column 2 of Part 1 of Annex 16.A or”. | ||
| 9 | Subsection 14.2.7.4 (Outlay advance — payment), See note | |
| Omit the see note. | ||
| 10 | Section 14.2.10 (Financial advice before leaving Australia – member posted before 1 July 2017) | |
| Omit the section. | ||
| 11 | Paragraph 14.2.11.3.d (Reimbursement of costs if long-term posting cancelled) | |
| Omit the paragraph. | ||
| 12 | Chapter 14 Part 3 Division 2 (Sale or storage of private vehicles), Heading | |
| Omit “Sale or storage”, substitute “Storage”. | ||
| 13 | Section 14.3.14 (Loss on sale of private vehicle – member posted before 1 July 2017) | |
| Omit the section. | ||
| 14 | Subsection 14.5.3.1 (Settling in at the posting location), See note | |
| Omit the see note. | ||
| 15 | Section 14.6.9 (Overseas living allowances) | |
| Omit the section, substitute: | ||
14.6.9 Overseas living allowances
| The member is eligible for the overseas living allowances, that would have applied had they not been evacuated, during the period of evacuation. | |
| 16 | Section 14A.1.16 (Overseas living allowances – member in Australia) |
| Omit the section, substitute: |
14A.1.16 Overseas living allowances – member in Australia
| 1. | This section applies to a member who is receiving overseas living allowances under Chapter 15 Part 2A. | |
| 2. | Subsection 3 applies to a member paid the accompanied rate of an allowance. | |
| 3. | The Director of Attaché and Overseas Management may decide any the following having regard to advice from the Department of Foreign Affairs and Trade. | |
| a. | The rate of an allowance payable to the member is the unaccompanied rate. | |
| b. | The member ceases to be eligible for a specified allowance. | |
| 4. | Subsection 5 applies to a member paid one of the following. | |
| a. | The unaccompanied rate of an allowance. | |
| b. | An allowance that only has one rate of payment. | |
| 5. | The Director of Attaché and Overseas Management may decide the member ceases to be eligible for an allowance having regard to advice from the Department of Foreign Affairs and Trade. | |
| 6. | A decision under subsection 3 or 5 applies until the earlier of the following. | |
| a. | The member returns to their posting location overseas. | |
| b. | The member stops being eligible for the allowance. | |
| 17 | Section 14A.1.17 (Hardship and location allowances – member in Australia) | |
| Omit the section, substitute: | ||
14A.1.17 Location allowance – member in Australia
| 1. | This section applies to a member who was receiving location allowance under Chapter 16 Part 2A immediately before they left the posting location. | ||
| 2. | Subsection 3 applies to a member paid the accompanied rate of an allowance. | ||
| 3. | The Director of Attaché and Overseas Management may decide any the following having regard to advice from the Department of Foreign Affairs and Trade. | ||
| a. | The rate of a specified allowance payable to the member is the unaccompanied rate. | ||
| b. | The member ceases to be eligible for a specified allowance. | ||
| 4. | Subsection 5 applies to a member paid the unaccompanied rate of an allowance. | ||
| 5. | The Director of Attaché and Overseas Management may decide the member ceases to be eligible for a specified allowance having regard to advice from the Department of Foreign Affairs and Trade. | ||
| 6. | A decision under subsection 3 or 5 applies until the earlier of the following. | ||
| a. | The member returns to their posting location overseas. | ||
| b. | The member stops being eligible for the allowance. | ||
| 18 | Subsection 14A.1.17A.1 (Additional recreation leave for hardship locations – member in Australia) | ||
| Omit the subsection, substitute: | |||
| 1. | This section applies to a member eligible to receive additional recreation leave under Chapter 16 Part 3A, Additional recreation leave. | ||
| 19 | Subsection 14A.1.17A.2 (Additional recreation leave for hardship locations – member in Australia) | ||
| Omit the subsection, substitute: | |||
| 2. | Additional recreation leave does not accrue from the day the member ceases to receive Location allowance. | ||
| 20 | Paragraph 14A.1.22.1.b (Reduction in overseas allowances) | ||
| Omit the paragraph, substitute: | |||
| b. | The member is receiving the accompanied rate of an allowance under one of the following. | ||
| i. | Chapter 15 Part 2A, Overseas living allowances. | ||
| ii. | Chapter 16 Part 2A, Location allowance. | ||
| 21 | Chapter 15 Part 2 (Overseas living allowances – member posted before 1 July 2017) | ||
| Omit the Part. | |||
| 22 | Chapter 15 Part 2A (Overseas living allowances – member posted on or after 1 July 2017), Heading | ||
| Omit the heading, substitute: | |||
Part 2A: Overseas living allowances
| 23 | Chapter 15 Part 2A Division 1 (Purpose, application and key concepts – member posted on or after 1 July 2017), Heading |
| Omit the heading, substitute: |
Division 1: Purpose, application and key concepts
| 24 | Section 15.2A.4 (Member this Part applies to) |
| Omit the section. | |
| 25 | Chapter 15 Part 2A Division 2 (Cost of living adjustment – member posted on or after 1 July 2017), Heading |
| Omit the heading, substitute: |
Division 2: Cost of living adjustment
| 26 | Chapter 15 Part 2A Division 3 (Cost of posting allowance – member posted on or after 1 July 2017), Heading |
| Omit the heading, substitute: |
Division 3: Cost of posting allowance
| 27 | Chapter 15 Part 2A Division 4 (Child supplement allowance – member posted on or after 1 July 2017), Heading |
| Omit the heading, substitute: |
Division 4: Child supplement allowance
| 28 | Chapter 15 Part 2A Division 5 (Other matters affecting the overseas living allowances – member posted on or after 1 July 2017), Heading |
| Omit the heading, substitute: |
Division 5: Other matters affecting the overseas living allowances
| 29 | Chapter 15 Part 2A Division 6 (Meal and clothing allowances – member posted on or after 1 July 2017), Heading |
| Omit the heading, substitute: |
Division 6: Meal and clothing allowances
| 30 | Section 15.4.19 (Dual liability), See note |
| Omit the see note. | |
| 31 | Section 15.4.29 (Household help – member posted before 1 July 2017) |
| Omit the section. | |
| 32 | Subsection 15.6.20.3 (Education assistance – inadequate facilities) |
| Omit the subsection, substitute: | |
| 3. | If the child is educated away from the member's posting location (even in the same country), the member may be eligible for reunion visits under Chapter 15 Part 3 Division 3. |
| 33 | Section 16.1.2 (Definitions), definition of Hardship location |
| Omit the definition, substitute: | |
| Hardship location means a location listed in Annex 16.B column 1. | |
| 34 | Section 16.1.2 (Definitions), definition of Regional leave centre |
| Omit “Annex 16.A Part 1 column 3 or”. | |
| 35 | Section 16.1.2 (Definitions), definition of Relief leave centre |
| Omit “Annex 16.A Part 1 column 3 or”. | |
| 36 | Subsection 16.1.6 (Hardship package) |
| Omit the section. | |
| 37 | Subsection 16.1.7 (Basis for hardship package) |
| Omit the section. | |
| 38 | Chapter 16 Part 2 (Hardship allowance – member posted before 1 July 2017) |
| Omit the Part. | |
| 39 | Chapter 16 Part 2A (Location allowance – member posted on or after 1 July 2017), Heading |
| Omit the heading, substitute: |
Part 2A: Location allowance
| 40 | Paragraph 16.2A.2.a (Member this Part applies to) | |
| Omit the paragraph, substitute: | ||
| a. | They are posted to a hardship location. | |
| 41 | Chapter 16 Part 3 (Additional recreation leave – member posted before 1 July 2017) | |
| Omit the Part. | ||
| 42 | Chapter 16 Part 3A (Additional recreation leave – member posted on or after 1 July 2017), Heading | |
| Omit the heading, substitute: | ||
Part 3A: Additional recreation leave
| 43 | Section 16.3A.2 (Member this Part applies to) |
| Omit the section, substitute: |
16.3A.2 Member this Part applies to
| This Part applies to a member posted to a hardship location. | |||
| 44 | Subsection 16.4.7.1 (Number of trips) | ||
| Omit the subsection, substitute: | |||
| 1. | A member posted to a location in an item in column 1 of the table in Annex 16.B is eligible for the number of assisted leave travel trips to a leave centre in column 3 of the same item. | ||
| 45 | Subsection 16.4.8.1 (Posting longer than the ordinary posting period), Related information | ||
| Omit “column 2 of Annex 16.A Part 1 or”. | |||
| 46 | Subsection 16.4.8.2 (Posting longer than the ordinary posting period) | ||
| Omit the subsection, substitute: | |||
| 2. | The number of trips a member may take to a leave centre from the member’s hardship location may be increased using the following calculation. | ||
| Where: | |||
| A | Is the extra posting period (months). | ||
| B | Is the total number of trips under Annex 16.B column 3. | ||
| C | Is the ordinary posting period (months). | ||
| 47 | Subsection 16.4.9.2 (Posting shorter than the ordinary posting period), Table item 3 | ||
| Omit “Annex 16.A or”. | |||
| 48 | Subsection 16.4.16.1 (Excess baggage) | ||
| Omit the subsection, substitute: | |||
| 1. | A member posted to a location listed in Annex 16.B column 1 is eligible to be reimbursed the cost of excess baggage if the following apply. | ||
| a. | The flight is being taken as a part of an assisted leave travel trip. | ||
| b. | The payment of excess baggage for the travel to the type of leave centre is indicated in column 3 of the same item. | ||
| 49 | Subsection 16.4.16.2 (Excess baggage) | ||
| Omit the subsection. | |||
| 50 | Section 16.8.4 (Unused leave – selected Defence Attachés – member posted before 1 July 2017 – ADF only) | ||
| Omit the section. | |||
| 51 | Annex 16.A (Hardship location conditions of service – member posted before 1 July 2017) | ||
| Omit the Annex. | |||
| 52 | Annex 16.B (Hardship location conditions of service – member posted on or after 1 July 2017), Heading | ||
| Omit the heading, substitute: | |||
Annex 16.B: Hardship location conditions of service
| 53 | Annex 16.B (Hardship location conditions of service – member posted on or after 1 July 2017), See note |
| Omit the see note. |
Schedule 3—Maritime Logistics Personnel amendments
Defence Determination 2016/19, Conditions of service
| 1 | Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 1, column D |
| Omit “7 March 2021”, substitute “7 March 2023”. |
Schedule 4—Reserve Capability Payment amendments
Defence Determination 2016/19, Conditions of service
| 1 | Section 3.5.14A (Purpose) |
| Omit the section, substitute: |
3.5.14A Purpose
| The purpose of this Division is to provide a payment to selected members of the Reserves as an incentive to perform certain duties over a specified period. Selected members are used to fill gaps in capability that could not ordinary be filled by a member of the Reserves or the Permanent Forces. | |
| 2 | Section 3.5.14C (Member eligible for Reserve capability payment) |
| Omit the section, substitute: |
3.5.14C Member this Division applies to
| This Division applies to a member of the Reserves who meets both of the following. | |||
| a. | They are not performing continuous full-time service. | ||
| b. | They have been selected to fill gaps in capability that could not ordinarily be filled by a member of the Reserves or the Permanent Forces. | ||
| 3 | Paragraph 3.5.14D.1.a (Offer of a Reserve capability payment) | ||
| Omit the paragraph, substitute: | |||
| a. | There is a capability gap. | ||
| 4 | Paragraph 3.5.14D.1.b (Offer of a Reserve capability payment) | ||
| Omit the paragraph | |||
| 5 | Paragraph 3.5.14D.1.c (Offer of a Reserve capability payment) | ||
| Omit the paragraph. | |||
| 6 | Subsection 3.5.14D.1 (Offer of a Reserve capability payment) | ||
| After the subsection, insert: | |||
| 1A. | For the purpose of paragraph 3.5.14D.1.a, a capability gap exists for a period specified by the CDF if all the following apply. | ||
| a. | There is a capability that if not met will have a negative impact on a Service. | ||
| b. | The capability cannot reasonably be met by any of the following. | ||
| i. | A member of the Permanent Forces. | ||
| ii | A member of the Reserves on continuous full-time service. | ||
| iii | A member of the Reserves on Reserve service without an offer of a Reserve capability payment. | ||
| c. | The capability is unlikely to be met without the use of a Reserve capability payment during the period. | ||
| 7 | Paragraph 3.5.14IA (Recognised service) | ||
| After “all of the following”, insert “days served while the member is in Service Category 4”. | |||
Schedule 5—Benchmark schools amendments
Defence Determination 2016/19, Conditions of service
| 1 | Paragraph 14.6.13.2.a (Education assistance during evacuation) |
| Omit “15.6.10, Education assistance benefit – general”, substitute “15.6.10B, Compulsory tuition fees”. | |
| 2 | Paragraph 14A.1.18.3 (Education assistance), note |
| Omit “Child leaves Australia to study at posting location under section 15.6.10”, substitute “Compulsory tuition fees under 15.6.10B”. | |
| 3 | Section 15.6.9 (Benchmark schools at posting locations) |
| Omit the section. |
Schedule 6—Operation FORTITUDE amendments
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 17.7.6.1 (Rate of allowance), table item 3A |
| Omit the table item. |
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