Defence Determination, Conditions of service Amendment Determination 2023 (No. 12) (Cth)

Defence Determination, Conditions of service Amendment Determination 2023 (No. 12)

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   6 October 2023

COL 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—Transitional provision  8

Defence Determination 2016/19, Conditions of service  8

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 12).

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. The whole of this Instrument.	12 October 2023

Note:          This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

1	Annex 3.6.A
Omit “Chapter 1 Part 2 section 1.2.5, Forms”, substitute “Chapter 1 Part 3 section 1.3.1, definition of approved form”.
2	Annex 3.6.A
Before “Director General Navy People” (wherever occurring), add “Chief of the Defence Force/”.
3	Annex 3.6.A
Omit “Chapter 3 Part 5 Division 2, Bonus framework”, substitute “Chapter 3 Part 3, Bonuses”.
4	Section 5.5.25
Repeal the section, substitute:

5.5.25    Eligibility for payment instead of long service leave

1.

A member, including a former member, is eligible for payment instead of long service leave if they cease continuous full‑time service and one of the following applies.

a.

They are eligible for long service leave credits under section 5.5.8.

b.

They have served at least 1 year of effective service and their service in the Defence Force is terminated under section 24 of the Defence Regulation for one of the following reasons.

i.

They are medically unfit for service.

ii.

They cannot usefully serve because of redundancy.

c.

They have served at least 1 year of effective service and one of the following applies.

i.

If member has not been permitted to serve beyond their retirement age — they have reached their retirement age.

ii.

If member has been permitted to serve beyond their retirement age — they have ceased continuous full-time service.

d.

They have served at least 1 year of effective service and receive a special benefit under Chapter 2 Part 3 Division 3.

2.

A member who is diagnosed with a terminal-illness before ceasing continuous full-time service is eligible for payment instead of long service leave if the CDF is satisfied that making the payment is reasonable in the circumstances.

3.

If a member dies while on continuous full‑time service, a member of their recognised family or legal personal representative is eligible to receive a payment instead of long service leave.

5

Paragraph 6.5.6.a

Repeal the paragraph, substitute:

a.

If both members are eligible for a removal to the same location under Part 5, only one member is eligible for the removal.

Note:     The removal is for the member and their resident family and other recognised other persons.

6

Subsection 6.5.22.2 (table, column A)

Repeal column A of the table, substitute:

Column A

Criteria

The member was provided a full removal for their resident family and recognised other persons.

The member was provided a limited removal for their resident family and recognised other persons.

7	Paragraph 6.5.27.1.b
Repeal the paragraph, substitute:
b.	They have unaccompanied resident family living in a family benefit location.
8	Subsection 6.5.27.4
Repeal the subsection, substitute:
4.	The contribution is calculated using the following formula.
Where:
A	is the cost of a removal from the member’s housing benefit location to their next housing benefit location.
B	is the cost of a removal from the member’s housing benefit location to the location specified in the member’s next posting order.
Note:     If the outcome is less than $0, the member is not eligible to receive the amount.
9	Subsection 7.4.8.1
Omit “The CDF may require a member”, substitute “Subject to suitable living-in accommodation being available, a member may be required by the CDF”.
10	Paragraph 7.6.45.1
Omit “whichever is relevant of section 7.6.13.1 or 7.6.16.1”, substitute “subsection 7.6.13.1”.
11	Paragraph 7.7.14.2 (table items 1 to 3)
Repeal the table items, substitute:

1.	They live alone.	The amount that applies for their rank group in Annex 7.D Part 2 column B.
2.	They are sharing the accommodation with another member.	The amount that applies for their rank group in Annex 7.D Part 2 column C.
3.	They are sharing accommodation with their accompanied resident family or recognised other persons under section 7.7.8.	The amount that applies for their rank group in either of the following. a.  If they live in 2‑bedroom accommodation — Annex 7.D Part 1 column C. b.  If they live in 3 or more‑bedroom accommodation — Annex 7.D Part 1 column C.

12	Paragraph 7.7.22.3.a
Omit “column 2”, substitute “column B”.
13	Subparagraph 7.8.9.1.a.iii
After “accommodation”, insert “in their housing benefit location”.
14	Subparagraph 7.8.9.1.b.iii
After “accommodation”, insert “in their family benefit location”.
15	Subsection 7.8.9.3A
Repeal the subsection.
16	After subsection 7.8.9.5
Add:
6.	In this section, location means one of the following.
a.	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.
b.	If the member has unaccompanied resident family and no accompanied resident family — the location in column A of the table in Annex 7.E where the member’s unaccompanied resident family lives.
c.	If the member has had their housing benefit location extended under section 1.3.11 — the location with the lowest rent ceiling out of the following.
i.	The location in column A of the table in Annex 7.E where the member lives.
ii.	The location in column A of the table in Annex 7.E that would have applied to the member if they lived in their housing benefit location without the extension.
d.	For any other member — the location in column A of the table in Annex 7.E in which the member’s primary service location is located.
17	Subsection 7.8.10.3
Repeal the subsection, substitute:
3.	In this section, location, in relation to a member, means one of the following.
a.	If the member has had their housing benefit location extended under section 1.3.11 — the location with the lowest rent ceiling out of the following.
i.	The location in column A of the table in Annex 7.E where the member lives.
ii.	The location in column A of the table in Annex 7.E that would have applied to the member if they lived in their housing benefit location without the extension.
b.	For any other member — the location in column A of the table in Annex 7.E in which the member’s primary service location is located.
18	Subsection 7.8.47
Repeal the section, substitute:

7.8.47    Rent paid before member moves in

1.	A member is eligible to be reimbursed an amount towards the rent payable for a home before they move into it if all of the following apply.
a.	They will be eligible for rent allowance in the location of the home.
b.	They and their resident family or recognised other persons cannot move into the home immediately for reasons related to their service or removal.
c.	The pre-paying of rent to secure the home means Defence will save on the cost of the removal and temporary accommodation.
d.	Rent has been paid to secure the home.
2.	The amount to be reimbursed is the lesser of the actual rent paid or the member’s rent ceiling for the location of the home for the following periods.
a.	If the member’s furniture or effects are in transit or delivery is delayed for a reason not caused by the member’s own actions — 6 weeks.
b.	In any other circumstance — 3 weeks.
19	Annex 7.D Part 1 (table, headings)
Repeal the headings, substitute:

Item Column A Rank Column B 2 Bedrooms ($) Column C 3 Bedrooms or more ($)

20	Annex 7.D Part 2 (table, headings)
Repeal the headings, substitute:

Item Column A Rank Column B Living alone ($) Column C Sharing with 1 other person ($) Column D Sharing with 2 or 3 other people ($)

21	Subsection 8.4.22.6
Repeal the subsection, substitute:
6.	A member is not eligible to be reimbursed boarding costs if any of the following apply unless the CDF is satisfied special circumstances apply.
a.	While the child is on school holidays.
b.	While the member or an adult who is resident family of the member lives within the child’s location.
22	Section 9.5.5
Repeal the section, substitute:

9.5.5    Member this Part does not apply to

This Part does not apply to any of the following.
a.	The CDF.
b.	The Vice Chief of the Defence Force.
c.	A Service Chief.
d.	A member undertaking any of the following types of travel.
i.	Compassionate travel.
ii.	Pre-deployment leave travel.
iii.	Post-deployment leave travel.
iv.	Recreation leave travel.
v.	Remote location leave travel.
vi.	Reunion travel.
23	Subsection 15.6.26
Omit “school fees” (wherever occurring), substitute “tuition fees”.
24	Amendments of listed provisions – exceptions
Repeal the exceptions in the following provisions.
a.	Subsection 7.4.8.2.
b.	Section 7.4.33.
c.	Subsection 7.4.44.4.

Schedule 2—Transitional provision

Defence Determination 2016/19, Conditions of service

1	Definitions
In this Schedule, Defence Determination means Defence Determination 2016/19, Conditions of Service, as in force from time to time.
2	Rent ceiling for extended housing benefit location
1.	This section applies to a member who met one of the following between 1 July 2023 and the commencement of this Determination.
a.	Their housing benefit location was extended under section 1.3.11 of the Defence Determination.
b.	Their primary service location changed because they were approved one of the following.
i.	An alternate located work agreement.
ii.	A transition location – general agreement.
iii.	A transition location – medical agreement.
2.	The member’s rent ceiling is the rent ceiling that would have applied had the changes made by items 13 to 17 of Schedule 1 of this Determination applied at the time.