Defence Determination, Conditions of service Amendment Determination 2021 (No. 14) (Cth)
Defence Determination, Conditions of service Amendment Determination 2021 (No. 14)
I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 30 July 2021
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—Salary – Private Proficient amendments 2
Defence Determination 2016/19, Conditions of service 2
Schedule 2—ADFA text books amendments 3
Defence Determination 2016/19, Conditions of service 3
Schedule 3—Representational clothing benefit 4
Defence Determination 2016/19, Conditions of service 4
Schedule 4—Flexible housing trial amendments 5
Defence Determination 2016/19, Conditions of service 5
1 Name
This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 14).
2 Commencement
| 1. | Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 4 | The day after the instrument is registered. | |
| 2. Schedule 1 to 3 | 5 August 2021. | |
| 3. Schedule 4 | 2 September 2021. | |
| Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. | |
| 2. | Any information in column 3 of the table is no part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. |
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—Salary – Private Proficient amendments
Defence Determination 2016/19, Conditions of service
| 1 | Section 3.2.37 (Salary – Private Proficient) |
| Omit the section, substitute: |
3.2.37 Salary – Private Proficient
| 1. | This section applies to an Army member who holds the rank of Private and meets all the following. | ||
| a. | They have completed their initial employment category training. | ||
| b. | They are proficient in their military trade or skill. | ||
| 2. | The member is eligible to be paid as Private Proficient if they meet one of the following. | ||
| a. | They are a member of the permanent forces and they have completed at least 12 months of service since finishing their initial employment category training. | ||
| b. | They are a member of the Reserves and all the following apply. | ||
| i. | At least 12 months have passed since they finished initial employment category training. | ||
| ii. | They have provided 20 days of service in a year after completing their initial employment category training. Note: Service includes reserve service and continuous full-time service. | ||
| 3. | For the purpose of subsection 2, only days for which the member is eligible for salary are counted. | ||
Schedule 2—ADFA text books amendments
Defence Determination 2016/19, Conditions of service
| 1 | Chapter 4 Part 8 Division 4 (Australian Defence Force Academy textbooks), title |
| Omit “textbooks”, substitute “learning materials”. | |
| 2 | Section 4.8.19 (Purpose) |
| Omit the section, substitute: |
4.8.19 Purpose
| This Division provides members who are trainees and undertaking undergraduate studies at the Australian Defence Force Academy with a benefit to cover the costs of certain learning materials required for their studies. | |
| 3 | Section 4.8.21 (Textbook benefit) |
| Omit the section, substitute: |
4.8.21 Learning materials
| A member is eligible to be reimbursed the costs of compulsory learning material purchased by the member if all of the following apply. | |
| a. | The compulsory learning materials have not been provided to the member. |
| b. | The compulsory learning materials have been approved by the Commandant Australian Defence Force Academy. |
Schedule 3—Representational clothing benefit
Defence Determination 2016/19, Conditions of service
| 1 | Chapter 10 Part 3 (Aide-de-camp and ADF advisor benefit), title |
| Omit title and substitute: |
Part 3: Aide-de-camp, ADF advisor and other specified persons benefit
| 2 | Section 10.3.1 (Purpose) |
| Omit the section and substitute: |
10.3.1 Purpose
| The purpose of this Part is to assist certain members with the cost of purchase or hire of civilian clothing, to meet the requirements of representational roles for an aide-de-camp, an ADF advisor and other specified persons. | ||
| 3 | Paragraph 10.3.2.1.c (Member this Part applies to) | |
| After the paragraph, insert: | ||
| d. | The Personal Assistant to the CDF. | |
| 4 | Section 10.3.3 (Payment of aide-de-camp and ADF advisor benefit), title | |
| Omit the title and substitute: | ||
10.3.3 Payment of clothing benefit
Schedule 4—Flexible housing trial amendments
Defence Determination 2016/19, Conditions of service
| 1 | Paragraph 1.3.55.1.d (Posting location – within Australia) | ||
| Omit the paragraph, substitute: | |||
| d. | An area under paragraph a. that has been extended for the purposes of any of the following. | ||
| i. | The Puckapunyal housing trial under section 7.1.16A. Note: The basis for extending the posting location for a member in the Puckapunyal housing trial is provided in section 7.1.16A. | ||
| ii. | The flexible housing trial under section 7.1.16B. Note: The basis for extending the posting location for a member in the flexible housing trial is provided in section 7.1.16B. | ||
| 2 | Section 6.5.5 (Members not eligible for a removal) | ||
| Omit the section, substitute: | |||
6.5.5 Members not eligible for a removal
| 1. | A member is not eligible for a removal in any of the following circumstances. | ||
| a. | They are posted outside of the normal posting cycle because of a voluntary exchange of postings. | ||
| b. | They are dismissed from the ADF under the Defence Force Discipline Act 1982. | ||
| c. | Unless they are required to move by their Service, the member is posted to a new location and their current home is in their new posting location. | ||
| d. | They have an extended posting location under paragraph 1.3.55.1.b which is revoked at the member’s request. | ||
| e. | They are on a flexible service determination and choose to vacate their accommodation during their nonworking period. | ||
| f. | They are on a flexible service determination and all of the following apply. | ||
| i. | They had previously chosen to vacate their accommodation during a nonworking period. | ||
| ii. | The member returns to accommodation at the posting location. | ||
| g. | The member is posted to Puckapunyal military area and any of the following apply. | ||
| i. | They become a member of the Puckapunyal housing trial under section 7.1.16A and relocate to a location within the extended posting location. | ||
| ii. | They cease to be a member of the Puckapunyal housing trial and relocate to a location within their posting location. | ||
| h. | They are posted to a flexible housing trial location and any of the following apply. | ||
| i. | They become a member of the flexible housing trial under section 7.1.16B and relocate to a location within the extended posting location. | ||
| ii. | They cease to be a member of the flexible housing trial and relocate to a location within their posting location. | ||
| 2. | In this section, flexible housing trial location means any of the following. | ||
| a. | HMAS Cerberus. | ||
| b. | HMAS Stirling. | ||
| c. | A HMA Ship or submarine that is homeported at Fleet Base West. | ||
| d. | Kokoda Barracks. | ||
| e. | Lone Pine Barracks. | ||
| f. | RAAF Base Amberley. | ||
| 3 | Section 7.1.15 (Posting location), table | ||
| Omit table item 12. | |||
| 4 | Section 7.1.16A (Puckapunyal housing trial member) | ||
| After the section, insert: | |||
7.1.16B Flexible housing trial member
| 1. | A member is a flexible housing trial member if the member is posted to one of the following and the member’s posting location has been extended under subsection 2. | ||
| a. | A resident command unit within one of the following establishments. | ||
| i. | HMAS Cerberus. | ||
| ii. | HMAS Stirling. | ||
| iii. | Kokoda Barracks. | ||
| iv. | Lone Pine Barracks. | ||
| v. | RAAF Base Amberley. | ||
| b. | A HMA ship or submarine that is home ported at Fleet Base West. | ||
| 2. | A member is eligible to have their posting location under paragraph 1.3.55.1.a extended if the CDF is satisfied of all the following. | ||
| a. | The member will continue to commute to their normal place of duty. | ||
| b. | The member’s daily attendance for duty will not be affected by the additional travel. | ||
| c. | The purpose of extending the posting location is to facilitate any of the following. | ||
| i. | The member's partner is undertaking employment, other than home based employment. | ||
| ii. | The member is returning from a long-term posting overseas and the member's partner is seeking employment, other than home based employment. | ||
| iii. | The member's partner is undertaking a period of study on a face-to face basis. | ||
| iv. | If the member has a dependant with special needs — access to professional services for that dependant. | ||
| d. | The trial will not exceed the maximum number of trial participants for the posting location. | ||
| 3. | The CDF must not approve an extension of a member’s posting location under subsection 2 after 31 December 2023. | ||
| 5 | Paragraph 7.6.34.2.f (Reasons for rejecting a reasonable offer) | ||
| Omit the Paragraph, substitute: | |||
| f. | The member is one of the following and the home is not suitable for the purpose for which their posting location was extended under section 7.1.16A or section 7.1.16B. | ||
| i. | A Puckapunyal housing trial member under section 7.1.16A. | ||
| ii. | A flexible housing trial member under section 7.1.16B. | ||
| 6 | Section 7.8.5A (Leaving the Puckapunyal housing trial) | ||
| Omit the section. | |||
| 7 | Subsection 7.8.9.3 (Rent ceilings – dependants live in rental accommodation) | ||
| After the subsection, insert: | |||
| 3A. | For the purpose of subsection 3, location means one of the following. | ||
| a. | The location in column A of the table in Annex 7.E in which the establishment they are posted to is located. Note: A member’s rent ceiling may be affected by section 7.8.10A if they are posted to an overlapping posting location. | ||
| b. | If the member is a flexible housing trial member — the location in column A of the table in Annex 7.E in which they live. | ||
| c. | If the member is a member with dependants (unaccompanied) — the location in column A of the table in Annex 7.E in which the member’s dependant lives. | ||
| 8 | Subsection 7.8.10.1 (Rent ceilings – member living in rental accommodation without dependants) | ||
| Omit “for their rental accommodation at the member’s posting location”. | |||
| 9 | Subsection 7.8.10.2 (Rent ceilings – member living in rental accommodation without dependants) | ||
| 1. | After the subsection, insert: | ||
| 3. | The location in which the member’s rent ceiling is based is the location in column A of the table in Annex 7.E in which the establishment they are posted to is located. Note: A member’s rent ceiling may be affected by section 7.8.10A if they are posted to an overlapping posting location. | ||
| 10 | Subsection 7.8.11 (No rent ceiling set for posting location), title | ||
| 2. | Omit “posting”. | ||
| 11 | Subsection 7.8.11.1 (No rent ceiling set for posting location) | ||
| 3. | Omit the subsection, insert: | ||
| 1. | This section applies to a member who lives in a location where a rent ceiling has not been determined. | ||
| 1A. | The member's rent ceiling is the same amount as their rent contribution. | ||
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