Defence Determination, Conditions of service Amendment Determination 2023 (No. 13) (Cth)

Defence Determination, Conditions of service Amendment Determination 2023 (No. 13)

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

Dated   31 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—Executive vehicle allowance amendments  2

Defence Determination 2016/19, Conditions of service  2

Schedule 2—Peacetime deployments amendments  3

Defence Determination 2016/19, Conditions of service  3

Schedule 3—Routine rate amendments  9

Defence Determination 2016/19, Conditions of service  9

Schedule 4—Miscellaneous amendments  11

Defence Determination 2016/19, Conditions of service  11

Schedule 5—Transitional provisions  18

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 13).

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.	9 November 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Note:          This table relates only to the provisions of this instrument as originally made.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—Executive vehicle allowance amendments

Defence Determination 2016/19, Conditions of service

1	Subsection 4.6.2.2
Omit “Sections 4.6.4, 4.6.5 and 4.6.6”, substitute “Sections 4.6.4 and 4.6.5”.
2	Section 4.6.6
Repeal the section.
3	Section 5.4.42 (definition of annual allowance paragraph b)
Repeal the paragraph.
4	Paragraph 5.5.26.4.b
Repeal the paragraph, substitute:
b.	The amount of allowance that the member may be paid during long service leave, other than any of the following.
i.	Antarctic allowance.
ii.	Port Wakefield allowance.
iii.	ADF district allowance.
iv.	Hardship allowance
v.	Rent allowance
5	Section 9.6.6
Repeal the section, substitute:

9.6.6    Member this Part does not apply to

This Part does not apply to a member if they meet any of the following.
a.	They are eligible for travel on ceasing continuous full-time service.
b.	They hold a rank of Brigadier or higher, unless the CDF has approved private vehicle as the most economical means of travel for the member under section 9.1.3.

Schedule 2—Peacetime deployments amendments

Defence Determination 2016/19, Conditions of service

1	Section 1.3.1 (definition of Deployment)
Repeal the definition, substitute:
Deployment means overseas service by a member who is force assigned with an ADF deployment, a United Nations’ mission or a similar force on any of the following.
a.	Warlike deployment.
b.	Non-warlike deployment.
c.	Peacetime deployment.
2	Section 1.3.1 (paragraph a of the definition of Operational area)
Omit “on deployment”, substitute “on a warlike or non-warlike deployment”
3	Section 1.3.1 (paragraph b of the definition of Operational area)
Repeal the paragraph, substitute:
b.	For overseas service on a peacetime deployment, means the specified area that has been approved by the CDF.
c.	For overseas service other than a deployment, has the meaning given in section 6 of the Veterans’ Entitlements Act 1986.
4	Section 1.3.1
Insert:
Peacetime deployment means a deployment overseas that meets all of the following.
a.	It is not a warlike or non-warlike deployment.
b.	It has been approved by the CDF as a peacetime deployment.
5	Section 5.11.26
Omit “on duty to a prescribed area”, substitute “on a deployment”.
6	Section 7.4.33 (table item 4)
Repeal the table item, substitute:

4. on one of the following: a.     a warlike deployment b.    a non-warlike deployment the day they board a ship or aircraft for the journey from Australia to the operational area when they disembark in Australia at the cessation of their warlike or non-warlike deployment. Note:     Contributions do not recommence for a member who returns part-way through their deployment, for example, while on leave. They only recommence at the cessation of their deployment.

7	Section 7.5.17 (cell at table item 6, column A)
Repeal the cell, substitute:

They are going overseas on one of the following.

a.     Long-term duty.

b.    Deployment for 6 months or longer.

8	Section 7.6.42 (table item 4)
Repeal the table item, substitute:

4. The member is on one of the following: a.     a warlike deployment b.    a non-warlike deployment the day they board a ship or aircraft for the journey from Australia to the operational area when they disembark in Australia at the cessation of their warlike or non-warlike deployment. Note:     Contributions do not recommence for a member who returns part-way through their deployment, for example, while on leave. They only recommence at the cessation of their deployment.

9	Section 7.8.18 (table item 4)
Repeal the table item, substitute:

4. on one of the following: a.     a warlike deployment. b.    a non-warlike deployment the day they board a ship or aircraft for the journey from Australia to the operational area when they disembark in Australia at the cessation of their warlike or non-warlike deployment. Note:     Contributions do not recommence for a member who returns part-way through their deployment, for example, while on leave. They only recommence at the cessation of their deployment.

10	Section 9.4.20
Repeal the section, substitute:

9.4.20    Purpose

This Division provides a member with travel within Australia when leave has been granted on return from a deployment.
11	Section 12.5.2
Repeal the section, substitute:

12.5.2    Persons this Part applies to

This Part applies to any of the following persons.
a.	A member on any of the following.
i.	Short-term duty overseas.
ii.	Long-term posting overseas.
iii.	Deployment.
b.	A member travelling, or being required to isolate, for the purpose of commencing service under paragraph a.
c.	A dependant who accompanies a member travelling, or being required to isolate, for the purpose of commencing short-term duty or long-term posting overseas.
12	Chapter 13 (heading)
After “duty”, insert “and peacetime deployment”.
13	Section 13.1.2
Repeal the section, substitute:

13.1.2    Member this Chapter applies to

This Chapter applies to the following.
a.	A member on short-term duty overseas, including the following.
i.	A member who performs short-term duty overseas while on a long-term posting.
ii.	A member on a warlike or non-warlike deployment who attends duty outside the operational area.
iii.	A member on Reserve service.
b.	A member on peacetime deployment.
14	Paragraph 13.2.4.a
Omit “a deployment”, substitute “a warlike or non-warlike deployment”.
15	Section 13.2.5B
Omit “peacetime operation,” (wherever occurring), substitute “peacetime deployment”.
16	After section 13.2.9
Insert:

13.2.10    Member this Division does not apply to

This Division does not apply to a member on peacetime deployment.
17	Before section 13.2.13
Insert:

13.2.12A    Member this Division does not apply to

This Division does not apply to a member on peacetime deployment.
18	After section 13.3.17
Insert:

13.3.17A    Member this Division does not apply to

This Division does not apply to a member on peacetime deployment.
19	Part 4 of Chapter 13 (heading)
Omit “- ADF only”.
20	Section 13.4.4
Repeal the section, substitute:

13.4.4    Member this Division does not apply to

This Division does not apply to the following members.
a.	A member who is eligible for maritime disability allowance.
b.	A member on peacetime deployment.
21	After section 13.4.7
Insert:

13.4.7A    Member this Division does not apply to

This Division does not apply to a member on peacetime deployment.
22	Chapter 17 (heading)
Omit “Deployments”, substitute “Warlike and non-warlike deployments”.
23	Section 17.1.1
Repeal the section, substitute:

17.1.1    Purpose

This Chapter provides conditions of service for members on a warlike or non-warlike deployment to compensate them for additional disabilities or hardships that they are likely to experience.
24	Section 17.1.4
Repeal the section, substitute:

17.1.4    Member this Chapter does not apply to

This Chapter does not apply to the following members.

a.

A member on long-term posting overseas.

b.

A member on short-term duty overseas.

c.

A member on peacetime deployment.

d.

A member with diplomatic status.

Note:     These members may be eligible for long-term posting or short-term duty conditions of service.

25

Section 17.2.22

Repeal the section.

26

Paragraph 17.7.5.1.a

Omit “a deployment”, substitute “a warlike or non-warlike deployment”.

27

Paragraph 17.7.5.1.b

Omit “the deployment”, substitute “the warlike or non-warlike deployment”.

28

Amendments of listed provisions—peacetime deployment

After “short-term duty”, insert “or peacetime deployment” in the following provisions.

a.

Section 13.3.1.

b.

Section 13.3.4.

c.

Section 13.3.5.

d.

Subsection 13.3.6.1.

e.

Subsection 13.3.7.1.

f.

Subsection 13.3.8.3.

g.

Paragraph 13.3.10.2.a.

h.

Subsection 13.3.11.1.

i.

Section 13.3.13.

j.

Subsection 13.3.16.1.

Schedule 3—Routine rate amendments

Defence Determination 2016/19, Conditions of service

1	Subsection 4.10.4.1A
Omit “$2,758”, substitute “$2,868”.
2	Subsection 16.8.3.2
Omit “AUD 238.49”, substitute “AUD 282.73”.
3	Subsection 17.7.6.1 (table)
Omit the table, substitute.

Item	Column A Operation	Column B Specified area	Column C Daily rate of allowance (AUD)
1.	ACCORDION	Bahrain, Qatar and United Arab Emirates	102.69
2.	ASLAN	South Sudan	188.47
3.	AUGURY	Afghanistan, Iraq and Syria	188.47
		Jordan United Arab Emirates	102.69
4.	FORTITUDE	Egypt, Israel and Jordan	102.69
		Lebanon	160.14
		Syria	188.47
5.	LILIA	The land, territorial waters and superjacent airspace of the Solomon Islands	101.98
6.	LITTEN	Libyan territorial waters	160.14
7.	MANITOU	The seas and superjacent airspace of: a.  the Arabian Sea; b. the Gulf of Aden; c. the Gulf of Aqaba; d. the Gulf of Oman; e. the Gulf of Suez; f.   the Persian Gulf; g. the Red Sea; and h. the Indian Ocean north of Latitude 15 degrees South and west of Longitude 70 degrees East. This includes the ports adjacent and the area within a 10 kilometre radius of each port.	102.69
8.	MAZURKA	Egypt between the east bank of the Suez Canal and the international boundary between Egypt and Israel established by the peace treaty between Egypt and Israel signed in Washington on 26 March 1979, and an adjoining area extending 5km into Israel.	160.14
9.	OKRA	Iraq and Syria	188.47
		Any of the following. a.  the Kingdom of Bahrain; b.  Cyprus; c.  the Hashemite Kingdom of Jordan; d. Kuwait; e. the Persian Gulf; f.   the State of Qatar; g. the United Arab Emirates; and h. the land territory of Türkiye east of Longitude 35° East.	102.69
10.	ORENDA	The land territory and superjacent airspace of Mali	188.47
11.	PALADIN	Egypt, Israel, Jordan	102.69
		Lebanon	160.14
		Syria	188.47
12.	STEADFAST	Iraq	188.47
13.	Any other operation in accordance with subsection 17.7.5.2	Not applicable.	A rate approved by the Minister for Defence that is between AUD 59.35 and AUD 282.72.

Schedule 4—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

1	Paragraph 1.3.9.c
Repeal the paragraph, substitute:
c.	If the member is a member on reserve service, one of the following.
i.	If the member is required to perform duty from multiple service locations from the same posted position — the location where they are expected to provide the majority of their capability in the financial year.
ii.	For any other member — the location of the position they are posted to.
2	Section 2.2.2 (definition of meaningful engagement)
Repeal the definition, substitute:
Meaningful Engagement means activities that improve social interaction and community inclusion, including, study, volunteer activities with sporting and recreation associations and clubs, retirement activities or unpaid work.
3	Paragraph 5.5.25.1.c
Omit “If member” (wherever occurring), substitute “If the member”.
4	Chapter 6, Part 5, Division 3 (heading)
Repeal the heading, substitute:

Division 3: Removal to or from a family benefit location

5	Section 6.5.18
Repeal the section, substitute:

6.5.18    Purpose

This Division provides benefits to a member to assist their resident family and other recognised persons to move to or from a family benefit location.
6	Subsection 6.5.19.1
After “resident family”, insert “and recognised other persons”.
7	Paragraph 6.5.19.2.b
Repeal the paragraph, substitute:
b.	The nature of care or assistance required by the member’s resident family or the following recognised other persons.
i.	An adult child.
ii.	A person recognised under paragraph 1.3.37.d.
8	Subsection 6.5.19A.1
After “resident family”, insert “and recognised other persons”.
9	Paragraph 6.5.19A.1.d
After “former housing benefit location”, insert “or family benefit location”.
10	Subsection 6.5.20.1
After “resident family”, insert “and recognised other persons”.
11	Subsection 6.5.21.1
After “other persons”, insert “from the member’s housing benefit location”.
12	Subsection 7.3.10.2
Omit “of”.
13	Subsection 7.4.15.1 (table item 5)
Repeal the table item.
14	Subsection 7.4.15.1 (cell at table item 7, column A)
Repeal the cell, substitute:

Initial Employment Training other than in the Infantry Corps

15	Subsection 7.4.19.2 (table item 2)
Repeal the table item.
16	Subsection 7.6.41.1 (table item 1)
Repeal the table item, substitute:

1.	A member meets one of the following. a.  The have accompanied resident family and no unaccompanied resident family. b.  They have no resident family but have recognised other persons.	living in a Service residence	Annex 7.A Part 1 column C for their rank group the rent band the Service residence is classified in.
		living in a Service residence or rent band choice home above the rent band for their rank, by choice, not allocation	Annex 7.A Part 2 for their rank group and the rent band of the home.

17	Subsection 7.6.41.1 (table item 2)
Repeal the table item, substitute:

2.	A member with no resident family or recognised other persons who is approved to occupy a surplus Service residence	living in a Service residence, but not sharing	Annex 7.A Part 3, Column B for the Service residence is classified in.
		sharing with one other person	Annex 7.A Part 4, Column B for the Service residence is classified in.
		sharing with 2 or more people	Annex 7.A Part 4 Column C, for their rank group and living arrangement.

18	Subsection 7.6.41.1 (table item 3)
Repeal the table item, substitute:

3.	A member with no resident family or recognised other persons in an appointment, tied or assigned residence	not sharing	Annex 7.A Part 3 Column B for the Service residence is classified in.
		sharing with one other member	Annex 7.A Part 4 Column B for their rank group.
		sharing with 2 or more members	Annex 7.A Part 4 Column C for their rank group.

19	Subsection 7.7.14.2 (table item 3, column B, paragraph a)
Omit “column C”, substitute “column B”.
20	Subparagraph 7.8.31.1.c.i
Omit “6x”, substitute “6”.
21	Section 8.6.1
After “resident family”, insert “or recognised other persons”.
22	Paragraph 8.6.2.a
Repeal the paragraph, substitute:
a.	They have any of the following who has special needs.
i.	Resident family.
ii.	Recognised other persons.
23	Paragraph 8.6.2.b
Omit “Division 1”.
24	Subparagraph 8.6.5.1.b.i
Omit “resident family”, substitute “person”.
25	Subsection 8.6.5.2
2.	The benefit under subsection 1 may be provided for any of the following.
a.	The person who has special needs who is travelling under subsection 1.
b.	The member or their partner if they travel with the person family who has special needs.
c.	Any other person whom the CDF is satisfied it is necessary to have accompany the person who has special needs.
Note:     Special needs pre-posting visits are in addition to approved house-hunting trips under Chapter 7 Part 1 Division 4.
26	Subsection 8.6.5.3
Omit “resident family”, substitute “person”.
27	Subsection 8.6.5.4
Omit “resident family”, substitute “person”.
28	Subsection 8.6.6.1
Omit “their resident family”, substitute “the person”.
29	Paragraph 8.6.6.1.b
Omit “resident family”, substitute “person”.
30	Section 8.6.7
Omit “resident family” (wherever occurring), substitute “person”.
31	Paragraph 8.6.8.1.c
Omit “resident family”, substitute “person”.
32	Subsection 8.6.9.1.b
Omit “resident family” (wherever occurring), substitute “person”.
33	Section 8.6.10
After “resident family”, insert “or recognised other persons”.
34	Paragraph 8.6.11.a
Repeal the paragraph, substitute:
a.	They have any of the following who has special needs.
i.	Accompanied resident family.
ii.	Recognised other persons who reside in the members housing benefit location.
35	Paragraph 8.6.12.1.a
Omit “recognised as resident family”.
36	Subsection 9.3.33.2
After “subsection 1”, insert “or 3”.
37	Subparagraph 9.3.33.2.a.i
Omit “member’s primary service location”, substitute “location the member is performing duty”.
38	At the end of section 9.3.33J
Add:
3.	If a member’s partner is also a member, only one member is eligible for reunion travel credits under this subdivision with respect to the person who is non-resident family.
39	Subsection 9.4.7
Repeal the section, substitute:

9.4.7    Recreation leave travel benefit

1.	Recreation leave travel is the return travel for the member from the location they are performing duty to one of the following.
a.	If the member’s nominated family is in Australia — to the location where their nominated family live.
b.	If the member has no nominated family — to the nearest capital city.
2.	Despite subsection 1, a member who takes their recreation leave travel in connection with a removal under Division 4 of Part 5 to Chapter 6 can use their return travel to travel to one of the following.
a.	The location they took the travel from.
b.	Their new housing benefit location.
3.	Recreation leave travel is limited to the following costs.
a.	The cost of travel by the most economical means.
b.	Door-to-door travel costs.
40	Paragraph 15.1.4.c
Omit “members” (first occurring), substitute “member’s”.
41	Subsection 15.1.8.2
Omit “has decided”, substitute “is satisfied”.
42	Annex 15.6.B (after table item 2)
Insert:

2A.	Canada: - Ottawa	St-Laurent Academy OMS Montessori Sonart Day Camp
	- Toronto	La Citadelle Elite Baseball Camp East York Baseball Camp School of Canadian Contemporary Dance Theatre

43	Annex 15.6.B (table item 9)
Repeal the item, substitute:

9. Japan: - Tokyo ABC International School Ayusa Summer Camp EtonHouse International School International School of the Sacred Heart Montessori School of Tokyo Nishimachi International School STEAM Lab +E Tokyo International School Willowbrook International School

44	Annex 15.6.B (table item 14)
Repeal the item, substitute:

14.	Spain: - La Coruna/Ferrol	Colegio Eiris Colegio Obradoiro Enforex
	- Madrid	American School of Madrid Centro Educativo Internacional El Jarama Colegio Santa Susana Summer School Enforex Day Camp Summer Program
	- other	Enforex Day Camp Summer Program

45	Paragraph 16.5.4.b
Omit “16.4.11”, substitute “16.4.12”.
46	Subsection 16.8.3.1
Repeal the subsection, substitute:
1.	This section applies to a member on a long-term posting overseas as the Defence Attaché Baghdad.
47	Subsection 16.8.3.3
Repeal the subsection, substitute:
3.	For the purpose of the Military Rehabilitation and Compensation (Pay-related Allowances) Determination 2017, special location allowance means Defence attaché Baghdad allowance.

Schedule 5—Transitional provisions

1  Definitions

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

2  Approved summer schools – Canada and Madrid, Spain

1.	This clause applies to a member who met all of the following between 1 June 2023 and the commencement of this Determination.
a.	They were posted to one of the following.
i.		Canada.
ii.		Madrid, Spain.
b.	They had a child who attended one of the following approved summer schools.
i.	St-Laurent Academy, Ottawa, Canada.
ii.	OMS Montessori, Ottawa, Canada.
iii.	Sonart Day Camp, Ottawa, Canada.
iv.	La Citadelle, Toronto, Canada.
v.	Elite Baseball Camp, Toronto, Canada.
vi.	East York Baseball Camp, Toronto, Canada.
vii.	School of Canadian Contemporary Dance Theatre, Toronto, Canada.
viii.	Colegio Santa Susana Summer School, Madrid, Spain.
2.	The member is eligible for the reimbursement of approved summer schools costs provided under section 15.6.15 of the Defence Determination as though the changes made by items 42 or 44 of Schedule 4 of this Determination had been in effect at the time.

3  Approved summer schools ‒ Japan

1.	This clause applies to a member who met all of the following between 16 June 2023 and the commencement of this Determination.
a.	They were posted to Japan.
b.	They had a child who attended one of the following approved summer schools.
i.	Ayusa Summer Camp.
ii.	Nishimachi International School, Tokyo.
2.	The member is eligible for the reimbursement of approved summer schools costs provided under section 15.6.15 of the Defence Determination as though the changes made by item 43 of Schedule 4 of this Determination had been in effect at the time.