Defence Determination, Conditions of service Amendment Determination 2021 (No. 4) (Cth)

Defence Determination, Conditions of service Amendment Determination 2021 (No. 4)

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

Dated               13 April 2021

Fiona Louise 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—Career transition  3

Defence Determination 2016/19, Conditions of service  3

Schedule 2—ADF Medical Officers  6

Defence Determination 2016/19, Conditions of service  6

Schedule 3—Star rank amendments  9

Defence Determination 2016/19, Conditions of service  9

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 4).

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. Schedules 1 and 2	15 April 2021
4. Schedule 3	A day to be fixed by Assistant Secretary People Policy and Employment Conditions by notifiable instrument. If the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.

Note: This table relates only to the provisions of this instrument as originally made.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 not 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—Career transition

Defence Determination 2016/19, Conditions of service

1	Chapter 2 Part 2 (Leaving the ADF: Career Transition Assistance Scheme)
Omit the Part, substitute:

Part 2: Career transition

2.2.1    Purpose

This Part provides benefits for a member to assist them with training and financial advice in preparation for civilian life when they cease service with the ADF.

2.2.2    Definitions

In this Part the following apply.
Employment means any of the following.
a.	Full-time work.
b.	Part-time work.
c.	Casual work.
d.	Self-employment.
Meaningful engagement means unpaid work or volunteering activities which contribute to social interaction and community inclusion.

2.2.3   Member this Part applies to

This Part applies to the following members.
a.	A member who is leaving the Permanent Force and meets one of the following.
i.	The member will become a member of the Reserves.
ii.	The member is leaving the ADF.
b.	A member of the Reserves ceasing continuous full-time service.

2.2.4    Member this Part does not apply to

This Part does not apply to a member who is leaving the Permanent Force who will immediately become a member of the Reserves on continuous full-time service.

2.2.5    Career transition training

1.	Subject to subsection 3, a member is eligible for up to $5,320 for career transition training that the CDF is satisfied meets all of the following.
a.	The training is aligned to post-transition employment goals or meaningful engagement.
b.	The training commenced within 12 months of the member’s transition date.
Notes: 1. The amount under subsection 1 can be used for more than 1 training activity. 2. The member is responsible for any training costs over the amount under subsection 1.
2.	A benefit under subsection 1 can be made as a reimbursement to the member or provided to the service provider.
3.	A member is not eligible for any assistance under this section if any of the following apply.
a.	The member has secured employment or achieved meaningful engagement related to their post-transition goals.
b.	The training could be considered a capital investment in a new or existing business.

2.2.6    Assistance for professional financial advice

1.	A member is eligible for up to $1,000 for professional financial advice if the financial advice meets the following.
a.	It is provided by one of the following.
i.	A professional financial advisor who holds a current Australian Financial Services Licence.
ii.	An authorised representative of a holder of an Australian Financial Services Licence.
b.	The advice is not for routine tax or accountancy services.
2.	A benefit under subsection 1 can be made as a reimbursement to the member or provided to the service provider.

2.2.7    Travel and accommodation

1.	A member is eligible for travel costs within Australia if the CDF is satisfied that the member must travel to attend the following.
a.	Career transition training activities.
b.	ADF Member and Family transition seminars.
Note: The member must receive approval from the CDF before travel is undertaken.
2.	Travel costs provided under subsection 1 are limited to the travel costs payable under Chapter 9 Part 5, Payment of Travel costs.
3.	The member is eligible to occupy one of the following.
a.	Service accommodation in the location where the activity is to be held.
b.	Normal accommodation stock, as defined in section 9.5.15, if the CDF is satisfied that Service accommodation is not suitable for the member to use.

2.2.8    Approved absence

1.

Subject to subsection 2, a member is eligible for up to 23 approved absence days to attend the following activities.

a.

Defence Force transition program activities.

b.

Employment related activities.

c.

Career transition training or education courses.

d.

Transition related administrative activities.

2.

An approved absence under subsection 1 is limited by the following.

a.

The absences must not exceed 23 days during the member’s service in the ADF.

Note: The member’s service means the total period of the member’s service. The 23 days does not recommence if the member re-joins the ADF.

b.

A member may not be granted more than 3 days in total of approved absence for transition related administrative activities.

Note: The 3 days may be consecutive or taken individually over the period of the member’s service.

c.

An absence may only be approved subject to service requirements.

3.

Approved absence can only be taken in full days.

4.

If a member has been granted a period of approved absence for a career transition training activity and one of the following occurs, the unused approved absence days will not be debited from the member’s approved absence credits.

a.

The training activity finishes early.

b.

The training activity is cancelled.

2.2.9    How to apply for transition assistance and approved absence

A member must use the approved form to apply for any assistance under this Part.
2	Paragraph 2.3.27.1.a (Benefits during additional transition)
Omit the paragraph, substitute:
a.	Benefits under Chapter 2 Part 2 for career transition.

Schedule 2—ADF Medical Officers

Defence Determination 2016/19, Conditions of service

1	Paragraph 3.2.18B.c (Definitions)
Omit “Medical level”, substitute “Military medical level”.
2	Section 3.2.42 (Medical officers – increment advancement and promotion)
Omit “medical level” wherever occurring, substitute “military medical level”.
3	Subsection 3.2.42.1 (Medical officers – increment advancement and promotion)
Omit the subsection.
4	Subsection 3.2.42.2 (Medical officers – increment advancement and promotion)
Omit the subsection.
5	Subsection 3.2.42.3A (Medical officers – increment advancement and promotion), Exception
Omit the exception.
6	Subsection 3.2.42.3A (Medical officers – increment advancement and promotion), Examples
Omit the examples.
7	Section 3.2.42.3A (Medical officers – increment advancement and promotion)
At the end of the subsection, add:
Note: The placement of a member from a medical level to a military medical level is not an increment advancement.
8	Subsection 3.2.42.4 (Medical officers – increment advancement and promotion)
Omit the subsection.
9	Subsection 3.2.42.5 (Medical officers – increment advancement and promotion)
Omit “ML1, 2, 3 or 4”, substitute “MML1, 2A, 2B, 3, 3A or 4”.
10	Subsection 3.2.42.5 (Medical officers – increment advancement and promotion), Example
Omit the example.
11	Subsection 3.2.42.6 (Medical officers – increment advancement and promotion)
Omit the subsection, substitute:
6.	If a member advances to a higher military medical level under section 3.2.47, the member's increment is the lowest increment for that military medical level.
6A.	Despite subsection 6, if one of the following applies, the member’s increment level is the increment that has the next higher salary than their salary immediately before they advanced.
a.	The member advances to MML3A.
b.	The member advances from MML3A to MML4.
12	Subsection 3.2.42.7 (Medical officers – increment advancement and promotion)
Omit the subsection.
13	Section 3.2.47 (Medical levels – medical officer)
Omit the section, substitute:

3.2.47   Military medical levels – medical officer

1.	A medical officer is placed in a higher military medical level by the CDF based on the member’s relevant experience, qualifications and skills.
2.	A medical officer advances to a higher military medical level if the CDF is satisfied that the officer meets the requirements for that military medical level.
3.	A member who holds honorary rank in the Army Reserve and performs duty as a medical officer is taken to hold the rank of Captain for the purpose of determining the rate of salary for the officer under Part 1 or 3 of Schedule B.8 of DFRT Determination No. 2 of 2017, Salaries.
14	Annex 3.2.D (Salary non-reduction – Officers), table item 9
After the table item, insert:

10.	–	Medical Officer ML2-5	29 April 2021	28 April 2026
11.	–	Medical Officer ML2-6	29 April 2021	28 April 2026
12.	–	Medical Officer ML2-7	29 April 2021	28 April 2026

15	Chapter 3 Part 5 Division 11 (Medical Officers professional development financial support scheme)
Omit the Division.
16	Subsection 4.1.26.2 (Medical levels – medical officer), table item 2
Omit “medical level”, substitute “military medical level”.

Schedule 3—Star rank amendments

Defence Determination 2016/19, Conditions of service

1	Section 3.2.42 (Medical officers – increment advancement and promotion)
After the section, insert:

3.2.42A   Salary on promotion – senior medical officers

If a member is promoted to one of the following ranks, the member’s rate of salary is the rate payable under Schedule B.15 of DFRT Determination No. 2 of 2017, Salaries for the lowest increment for their new rank.
a.	Brigadier.
b.	Major General.
2	Paragraph 3.2.42.3A.a (Medical officers – increment advancement and promotion)
Omit the paragraph, insert:
a.	The day that the member begins to be paid salary under one of the following.
i.	Schedule B.8, Specialist officer salary rates – medical officer.
ii.	Schedule B.15, Senior officer specialist salary rates – medical officer