Defence Determination, Conditions of service Amendment Determination 2023 (No. 14) (Cth)

Defence Determination, Conditions of service Amendment Determination 2023 (No. 14)

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 December 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—Special benefit payment amendments  7

Defence Determination 2016/19, Conditions of service  7

Schedule 3—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. 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 the instrument is registered.
2. Schedule 1	7 December 2023
3. Schedule 2	4 January 2024
4. Schedule 3	7 December 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Note:          This table relates only to the provisions of this instrument as originally made.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	Section 1.3.10
Omit “the area comprising of all”, substitute “any”.
2	Paragraph 1.3.10.d
Repeal the paragraph, substitute:
d.	If a Service resident has been provisioned for the member’s primary service location in an area that does not meet paragraph a, b or c, the location of the Service residence.
3	Section 1.3.35
Before “A child”, insert “1.”.
4	After subparagraph 1.3.35.a.ii
Add:
iii.	The decision maker is satisfied that they have joined the member’s household in anticipation of being placed in the member or the member’s partner’s care under a permanent care order issued by a court or statutory authority.
5	At the end of section 1.3.35
Add:
2.	For the purpose of subparagraph 1.3.35.1.a.ii, decision maker means any of the following not below MAJ(E) in the member's direct chain of command.
a.	A Commanding Officer.
b.	An Officer Commanding.
c.	A Unit Executive (Air Force only).
6	Section 4.4.12 (table item 1)
Repeal the table item, substitute:

1.	long service leave	the period of the leave in which the member, or at least one of their resident family, continues to live at the remote location. The remote location must be the location that the member was paid the allowance for prior to taking the leave.
1A.	unpaid maternity leave
1B.	unpaid parental leave

7	Section 4.4.12 (table item 3)
Omit “compassionate”, substitute “personal leave for a compassionate reason”.
8	Section 4.4.12 (table item 4)
Omit “absence from duty while ill or in hospital”, substitute “medical absence from duty”.
9	Subsection 6.5.29.1 (table item 2, column A)
Repeal the cell, substitute:

The member acquires a suitable own home in the housing benefit location while occupying one of the following.

a.  Living-in accommodation.

b.  A Service residence.

c.  Accommodation for which rent allowance is payable.

10	Subsection 6.5.46.4 (table item 1, column A)
Omit “table items 1A or 2”, substitute “table item 2”.
11	Subsection 6.5.46.4 (table item 1A)
Repeal the table item.
12	Subsection 6.5.46.4 (table item 2, column A)
Repeal the cell, substitute.

The member requests to be removed before ceasing continuous full-time service for one of the following reasons.

a.  The removal is required as a result of a resident family member or recognised other persons’ illness that is confirmed by a medical practitioner.

b.  Suitable accommodation is not available in the member’s housing benefit location.

c.  Suitable secondary or higher education for the member’s child is not available in their housing benefit location.

d.  The member is on a transition location (medical) agreement for more than 12 months.

e.  There are exceptional reasons that require the member to move.

13	Section 7.3.2
Repeal the section, substitute:

7.3.2    Member this Part applies to

This Part applies to a member who meets all of the following.

a.

They are on continuous full-time service.

b.

At the time of purchasing a home, the member is expected to continue to serve in their primary service location for another 12 months.

c.

The member purchased a home in their housing benefit location or family benefit location.

14

Section 7.6.64

After “resident family” (wherever occurring), insert “and other recognised persons”.

15

Paragraph 7.8.33.1.a

Omit “and meets all of the following”.

16

Section 8.4.21 (heading)

Omit “Reimbursement of tuition and accommodation”, substitute “Tuition and accommodation costs”.

17

Subsection 8.4.21.1

Omit “subsection 2”, substitute “subsection 3”.

18

Subsection 8.4.21.2

Repeal the subsection, substitute:

2.

The school may be paid directly the amount the member would otherwise be reimbursed under column B of the table in subsection 1 if the decision maker is satisfied that the member is experiencing financial hardship.

Note:     The member will still be responsible for the contribution under column C of the table in subsection 1.

3.

If the member receives other assistance for school tuition and accommodation, the reimbursement or payment under this section must be reduced by the following.

a.

If other government assistance is being provided to the member for the cost of attendance at school — the total value of the assistance.

b.

If assistance for the purchase of textbooks and equipment is being provided to the member — half the value of the assistance.

4.

For the purpose of subsection 2, decision maker means any of the following.

a.

Director General Defence Member and Family Support.

b.

Director Community Engagement, Defence Member and Family Support.

c.

Manager Education Support Programs, Defence Member and Family Support.

19

Paragraph 12.3.5.1.a

Omit “is resident family of the member”, substitute “normally lives with the member”.

20

Paragraph 12.3.5.1.b

Repeal the paragraph, substitute:

b.

A child of the member, or of the member’s partner, who meets all of the following.

i.

They are under the age of 18.

ii.

They are dependent on the member.

iii.

They normally live with the member.

21

Paragraph 14.4.2.2.b

Omit “Chapter 12 Part 3”.

22

Paragraph 14.4.2.2.b (see note)

Repeal the see note.

23

Section 16.8.2

Omit “Afghanistan,”.

24

Section 16.8.3 (heading)

Omit “ADF only”.

25

Section 17.2.2

Repeal the section.

Schedule 2—Special benefit payment amendments

Defence Determination 2016/19, Conditions of service

1	Subsection 2.3.22.3
Repeal the subsection.
2	After section 2.3.22
Insert:

2.3.22A   Member not eligible for special benefit payment

A member is not eligible for the special benefit if any of the following apply.
a.	The member is subject to any of the following.
i.	An investigation for unacceptable behaviour.
ii.	Disciplinary action.
iii.	A notice to show cause for an administrative sanction.
iv.	A notice of a positive test result under section 100 of the Act.
b.	The member was imposed with an administrative sanction within the previous 12 months.
c.	Before the member’s transfer date all of the following apply.
i.	The member is offered an opportunity to serve more than 120 Reserve days within 1 year following their transfer date.
ii.	The member agrees that they will undertake the Reserve service offered under subparagraph i.
Note:     If the member does not complete the more than 120 days of Reserve service, the member is not eligible for the payment.
3	Section 2.3.25
Repeal the section, substitute:

2.3.25    Repayment of special benefit payment

1.	The member must repay any amount paid under this Division if any of the following apply.
a.	They begin a period of continuous full-time service as a member of the Reserves or Permanent Forces within 1 year of receiving the payment.
b.	They perform more than 120 days of Reserve service within 1 year of the date of their transfer to the Reserves.
2.	The member’s requirement to repay the amount under paragraph 1.b may be waived if the CDF is satisfied it is reasonable in the circumstances.

Schedule 3—Transitional provision

Defence Determination 2016/19, Conditions of service

1	Definitions
Defence Determination means Defence Determination 2016/19, conditions of service, as in force from time to time.
2	Dependants overseas
For the purpose of overseas conditions provided by the Defence Determination between 1 July and the commencement of this Determination a person is a dependant of a member if they meet the conditions provided in subsection 12.3.5.1 of the Defence Determination as though the changes made by items 19 and 20 in Schedule 1 of this Determination applied at the time.