Defence Determination, Conditions of service Amendment Determination 2022 (No. 2) (Cth)

Defence Determination, Conditions of service Amendment Determination 2022 (No. 2)

I, COLONEL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated               1 February 2022

COLONEL KIRK LLOYD

Colonel Kirk Lloyd

Acting 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—National ADF family health program amendments  4

Defence Determination 2016/19, Conditions of service  4

Schedule 3—Death of a member or dependant overseas amendments                   7

Defence Determination 2016/19, Conditions of service  7

Schedule 4—Hardship grade amendments  11

Defence Determination 2016/19, Conditions of service  11

Schedule 5—Transitional provisions  13

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 2).

2  Commencement

This instrument commences on 3 February 2022.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 3.5.10.3 (Effective service for the purpose of the bonus)
Omit the subsection, substitute:
3.	This table lists a range of leave types and activities and sets out how a period of that leave or activity counts toward member's period of effective service.

Item	Activity	Effect
1.	A member on a flexible service determination.	Effective service is calculated in accordance with section 3.5.2.
2.	Leave at full pay.	The whole period of this leave counts as effective service.
3.	Unpaid leave for less than 21 calendar days.
4.	Leave at half pay.	Half the period of the leave counts as effective service.
5.	A period when the member is discharging an undertaking for service for the purpose of another bonus payment under this Division.	The period counts as effective service only toward the earlier undertaking.
6.	Unpaid leave for 21 calendar days or more.	The period for which the member is in this situation does not count as effective service.
7.	Absence without leave.
8.	Imprisonment, detention, custody or suspension from duty without pay.
9.	An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005.
10.	A period when the member is discharging a return of service obligation.
11.	A period when the member is discharging an undertaking for service for the purpose of another bonus payment under this Part.

2	Subsection 9.5.9.2 (Travel period – business travel), note
Omit “A member maybe”, substitute “A member may be”
3	Subsection 15.6.30.3 (End of education assistance)
Omit “For the purpose of paragraph 2.d”, substitute “For the purpose of paragraph 1.d”.
4	Paragraph 15.8.2.1.b (Member’s location and approved club)
After the paragraph, insert:
c.	If the member is posted to Manhattan and directed to live in Manhattan, the location is USA – Manhattan.
5	Subsection 15.8.2.2 (Member’s location and approved club), table item 31
Omit “New York Health and Racquet Club”, substitute “Life Time”.

Schedule 2—National ADF family health program amendments

Defence Determination 2016/19, Conditions of service

1	Chapter 8 Part 9 (National ADF Family Health Program)
Omit the Part, substitute:

Part 9: National ADF family health program

8.9.1    Purpose

This Part provides reimbursement for health costs incurred within Australia by a dependant registered under the national ADF family health program.

8.9.2    Definitions

In this Part the following apply.
Allied health service has the same meaning given under section 4 of the Health Insurance (Allied Health Services) Determination 2014.
Claimant means any of the following.
a.	The member.
b.	The member’s eligible dependant.
c.	A legal personal representative of the member or an eligible dependant.
Eligible dependant means a member’s dependant who meets all of the following.
a.	They are listed on PMKeyS as a dependant.
b.	They are registered for the family health program.
c.	They are not a member.
Medicare benefit means an item for which a rebate is payable under the Health Insurance Act 1973.
Out of pocket expense means the difference between the amount that is charged for a service or a product for which a reimbursement may be made under this Part and the amount of Medicare or private health insurance rebate that may be paid for that item.
Specialist means a person who meets the definition of specialist under section 3 of the Health Insurance Act 1973.
Specialist services means services which are provided by a specialist in consulting rooms, or in a hospital or institutional setting.
Family health program means the national ADF family health program.

8.9.3    Members this Part applies to

This Part applies to any of the following members and their eligible dependant.
a.	A member of the Permanent Forces.
b.	A member of the Reserves on continuous full-time service.

8.9.4    Registration of newborns

The registration day of a newborn in the family health program is their date of birth if they are registered in the family health program within 3 months of their date of birth.

8.9.5    Application for reimbursement

A claimant must apply for reimbursement under this Part within 12 months of the services or products being provided.

8.9.6    Reimbursement – General practice setting

1.	Subject to subsection 2, a claimant is eligible to be reimbursed out of pocket expense incurred in relation to medical services that meet all of the following.
a.	The service is provided to an eligible dependant.
b.	The service is provided by, or on behalf of, a general practitioner within their general practice setting.
2.	A medical service in subsection 1 must meet one of the following.
a.	If the claimant is eligible for Medicare — the service has a Medicare benefit item number.
b.	If the claimant is not eligible for Medicare — it is reasonable to expect a Medicare rebate for the service would be payable if they were eligible for Medicare.

8.9.7    Reimbursement – specialists and allied health

1.	A claimant is eligible to be reimbursed up to $400 for each of their eligible dependants in a financial year.
2.	Reimbursement under this section is limited to an out of pocket expense incurred in relation to any of the following provided to an eligible dependant.
a.	Consultation with a specialist if the service provided has a Medicare benefit item number.
b.	Medically prescribed appliances.
c.	Remedial massage services by a provider registered with the Australian Regional Health Group.
d.	An allied health service.
3.	Despite subsection 2, a claimant is not eligible to be reimbursed for services if any of the following apply.
a.	The service attracts GST.
b.	The service are cosmetic.
4.	A benefit under this section may be transferred to another eligible dependant of the member.
5.	Costs incurred for admissions, stays and accommodation in hospitals or institutional settings are not reimbursable.

8.9.8    Continuation of benefits following the death of a member

A claimant continues to be eligible for a reimbursement under section 8.9.6 or section 8.9.7 for 12 months after the death of the member of the eligible dependant.

Schedule 3—Death of a member or dependant overseas amendments

Defence Determination 2016/19, Conditions of service

1	Chapter 12 Part 6 (Imprisonment, detention and custody overseas)
After the Part, insert:

Part 7: Death of member or dependant overseas

12.7.1    Purpose

The purpose of this Part is to provide assistance to family members if a member or their dependant dies overseas.

12.7.3    Definitions

In this Part the following apply.
Beneficiary means one of the following persons.
a.	A dependant of a member.
b.	The legal personal representative of a member.

12.7.2    Person this Part applies to

This Part applies to the following.
a.	A member, including a member on Reserve service, who meets one of the following.
i.	They are on a long-term posting overseas.
ii.	They are on short-term duty overseas.
b.	A beneficiary of a member in paragraph a. if the member has died.

12.7.4    Assistance if member dies

1.	If a member dies overseas, the member’s beneficiary is eligible for the following.
a.	The reasonable cost of preparing the remains.
b.	If requested by the member’s next of kin — the cost of returning the remains to Australia
c.	If approved by the Director General Defence Member and Family Support — financial assistance for a funeral.
Note: The funeral may be held in an overseas location or in Australia.
2.	The amount of financial assistance payable under paragraph 1.c. is the lesser of the following.
a.	The cost of the funeral.
b.	AUD 14,000.
3.	A beneficiary is eligible for financial assistance for a memorial service of a member if all the following apply.
a.	The member’s funeral occurs while COVID-19 control measures relating to funerals are in place in the location where the funeral is to be held.
b.	The memorial service occurs between the following days.
i.	The day the COVID-19 control measures relating to funerals end.
ii.	The day 12 months after the COVID-19 control measures relating to funerals end.
c.	The assistance is approved by the Director General Defence Member and Family Support.
4.	The amount of financial assistance available under subsection 3 is the greater of the following.
a.	The lesser of the following.
i.	The cost of the memorial service.
ii.	AUD 14,000 less the amount paid under section 11.4.9 or this section, if any.
b.	If there are exceptional circumstances ¾ the amount approved by the Director General Defence Member and Family Support.

12.7.5    Assistance if dependant dies

1.	This section applies to a member who meets all the following.
a.	A dependant of the member is living with them at the overseas posting location.
b.	The dependant in paragraph a. dies.
2.	Subject to subsection 5, the member is eligible for up to AUD 14,000 for all of the following.
a.	If the remains of the dependant are being returned to Australia, all of the following.
i.	The preparation of the dependant’s remains.
ii.	The returning of the dependant’s remains to Australia.
b.	A funeral in the overseas location.
c.	Subject to subsection 3, a memorial service.
3.	Paragraph 2.c only applies if all of the following apply.
a.	The funeral occurs while a COVID-19 control measure relating to funerals in the location the funeral is to be held are in place.
b.	The memorial service occurs after the day the COVID-19 control measures relating to funerals ends.
c.	The memorial service does not occur after 12 months from the day the COVID-19 control measures relating to funerals ends.
4.	Assistance available under this section is to be paid to one of the following.
a.	The member.
b.	The member’s legal personal representative.
5.	The assistance must be approved by the Director General Defence Member and Family Support.

12.7.6    Continuing benefits for dependants

1.	Subject to subsection 3, a dependant of a member who dies during a long-term posting overseas is eligible for benefits the member would have been eligible for under Chapters 14 or 15 until any of the following days.
a.	If the benefit is for the transport and removal of a dependant and their possessions — the day that is one year after the member dies.
b.	In any other case — the day 6 weeks after the member dies.
2.	The CDF can extend the period under paragraph 1.b to a day they consider reasonable in the circumstances having regard to all of the following.
a.	The circumstances in which the member died.
b.	The situation of the dependants who continue to live at the posting location after the member’s death.
c.	Any other factor relevant to the dependants.
3.	The following conditions apply to benefits provided under subsection 1.
a.	The overseas living allowances are paid at two-thirds of the rate that would have been paid if the member had not died.
b.	The dependant is not eligible for education assistance under Chapter 15 Part 6 from the day the member dies.
Note: Education assistance for a member at a posting location in Australia is set out under Chapter 8 Part 4.
c.	If the member’s dependant chooses to travel to a location other than Australia, their benefit is limited to the cost of transport for themself and the removal of their possessions that they would have been eligible for under section 14.4.17 if they returned to Australia.
d.	Rent and utilities contribution is not payable.

12.7.7    Reimbursement for loss on sale of vehicle if member dies

1.	If a member dies overseas, the member’s beneficiary is eligible for a reimbursement under subsection 2 if all the following apply.
a.	The deceased member’s vehicle or towable item was in storage under Chapter 14 Part 3 Division 2 at the time of the deceased member’s death.
b.	The beneficiary sold the vehicle or towable item at a financial loss.
c.	The CDF is satisfied that the beneficiary made reasonable efforts to sell the vehicle or towable item without making a loss having regard to the following.
i.	When and how widely the person advertised the vehicle or towable item for sale.
ii.	How the person tried to sell the vehicle or towable item.
iii.	The nature and extent of offers made for the vehicle or towable item.
iv.	The particulars of the sale.
2.	The reimbursement under subsection 1 is the lesser of the following amounts.
a.	The difference between the valuation of the vehicle or towable item and the amount of the sale price after reasonable incidental costs have been deducted.
b.	AUD 1,400.
3.	In this section valuation means a commercial valuation by a member of a recognised motor trade organisation.
2	Section 13.2.15 (Death of member or dependant)
Omit the section.
3	Section 14.5.2 (Member this Part applies to), note
Omit “section 15.9.4. However, additional limits may apply under subsection 15.9.4.4”, substitute “section 12.7.6. However, additional limits may apply under subsection 12.7.6.3”.
4	Chapter 15 Part 9 (Death overseas of member or dependant)
Omit the Part.

Schedule 4—Hardship grade amendments

Defence Determination 2016/19, Conditions of service

1	Annex 16.B (Hardship location conditions of service), table item 2, column 4
Omit “D”, substitute “C”.
2	Annex 16.B (Hardship location conditions of service), table item 11, column 4
Omit “E”, substitute “F”.
3	Annex 16.B (Hardship location conditions of service), table item 18, column 4
Omit “C”, substitute “B”.
4	Annex 16.B (Hardship location conditions of service), table item 21, column 4
Omit “E”, substitute “D”.
5	Annex 16.B (Hardship location conditions of service), table item 28, column 4
Omit “D”, substitute “C”.
6	Annex 16.B (Hardship location conditions of service), table item 31, column 4
Omit “D”, substitute “E”.
7	Annex 16.B (Hardship location conditions of service), table item 32, column 4
Omit “D”, substitute “E”.
8	Annex 16.B (Hardship location conditions of service), table item 33, column 4
Omit “E”, substitute “F”.
9	Annex 16.B (Hardship location conditions of service), table item 34, column 4
Omit “D”, substitute “E”.
10	Annex 16.B (Hardship location conditions of service), table item 35, column 4
Omit “F”, substitute “E”.
11	Annex 16.B (Hardship location conditions of service), table item 46, column 4
Omit “D”, substitute “C”.

Schedule 5—Transitional provisions

1.    Definitions

In this Schedule the following apply.

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

2.    Application

This Schedule applies to a member who meets all of the following between 1 August 2020 and the commencement of this Determination.
a.	They were posted to New York and directed to live in Manhattan.
b.	They were eligible for the cost of membership in USA – Manhattan under any of the following sections of the Defence Determination.
i.	Section 15.8.4, Benefits in the member’s location.
ii.	Section 15.8.5, Additional club membership costs.

3.    Benefit

1.	A member is eligible for the cost of membership they would have been eligible to under section 15.8.4 and 15.8.5 of the Defence Determination as though Schedule 1 of this Determination had been in force between 1 August 2020 and the commencement of this Determination.
2.	The benefit under subsection 1 is reduced by the amount the member received for the cost of a membership under section 15.8.4 or 15.8.5 of the Defence Determination between 1 August 2020 and the commencement of this Determination which has not been repaid.