Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35) (Cth)

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Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35)

I, JAY ANDREW CLARKE, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 13 August 2018

J A CLARKE

Acting 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—Amendments 3

Defence Determination 2016/19, Conditions of service 3

1 Name

This instrument is Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35).

2 Commencement

This instrument commences on 6 September 2018.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Education assistance rates

Defence Determination 2016/19, Conditions of service

1	Subsection 8.4.10.3 (Face-to-face tutoring)
Omit "$100", substitute "$103".
2	Subsection 8.4.11.5 (Web-based tutoring), example and example table
Omit the example and example table.
3	Subsection 8.4.11.6 (Web-based tutoring), table
Omit the table, substitute:

Item If the subject... and the child... then the maximum limit is...

1. is offered at the new school has studied the subject before $1,448.

2. has not studied the subject before $2,688.

3. is not offered at the new school
meets both of the following conditions:
1. The child is in Year 10, 11 or 12.

2. The child needs to study the subject, as it is essential to their career aims.

Example: A student wishes to pursue a career in music. Music courses are not offered by the new school.
$5,377.

4	Subsection 8.4.14.3 (Children with special needs), table
Omit the table, substitute:

Item If the special needs child requires... then the benefit is...

1. a therapy service or tuition not provided by the school, but critical to educational progress one hour a week for 14 weeks, at a maximum of $103 an hour for each service needed.

2. an assessment of their needs, critical to the development of an educational program a private assessment of the need, up to $761.

5	Subsection 8.4.14.5 (Children with special needs)
Omit the subsection, substitute:
5.	The CDF may approve attendance at a private school to access a special program. If approved, the member may receive the cost of compulsory tuition fees up to $28,563 a year. A member contribution of $361 a year is required.
6	Subsection 8.4.15.4 (CDF discretion to extend education assistance)
Omit "$100", substitute "$103".
7	Subsection 8.4.21.1 (Rates of reimbursement), table
Omit the table, substitute:

Item The annual maximum reimbursement is... less an annual member contribution of...

Compulsory tuition fees

1. the cost of compulsory tuition fees to a maximum of $28,563 $361.

Accommodation

2. if in boarding school or a commercial establishment, the cost of board to maximum of $25,669 either of the following.

3. if accommodated privately, the cost of board to a maximum of $18,431
Example: A lodger boarding in a private home. a. For the first year of boarding — $2,633.

b. For every other year of boarding — $3,036.

8	Section 15.6.10A (Member contribution), table
Omit the table, substitute:

Item School level Annual contribution in AUD

1. Pre-school 496

2. Primary school 169

3. Secondary school 395

9	Subsection 15.6.22A.5 (Education assistance – Cherbourg)
Omit "382", substitute "395".

10	Subsection 15.6.25.1 (Rates of assistance), table
Omit the table, substitute:

Item The maximum amount of assistance over a 12 month period is... after the member has first paid...

Compulsory tuition fees

1. AUD 28,563 for the cost of compulsory tuition either of the following.

a.

If the child is in pre-school or primary school — AUD 169.

b.

If the child is in secondary school — AUD 395.

Note: No assistance towards tuition fees is provided for a child enrolled full-time in an undergraduate course at a tertiary institution.

Accommodation

2.
AUD 25,669 for the cost of accommodation charged by a boarding school, a tertiary institution or a commercial establishment

Note: The accommodation fees may cover additional services such as meals, laundry or internet usage. Items not included in accommodation fees are not payable. The total fee is payable up to the limit above.
the greater of the following.

a. Either of the following.

i. For the first year of boarding — AUD 2,633.

ii. For every other year of boarding — AUD 3,036.

b. The annual cost incurred by the member for the child's accommodation that was current on the day before the date the notice of posting was issued to the member.

Note: If the child lives in the family home, no assistance is provided under this Division.

3.
AUD 18,431 for the cost of private accommodation

Example: A lodger boarding in a private home.
the greater of the following.

a. AUD 3,036.

b. The annual cost incurred by the member for the child's accommodation that was current on the day before the date the notice of posting was issued to the member.

Note: If the child lives in the family home, no assistance is provided under this Division.

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Defence Determination, Conditions of Service Amendment (Education assistance) Determination 2018 (No. 35) (Cth)

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Item	If the subject...	and the child...	then the maximum limit is...
1.	is offered at the new school	has studied the subject before	$1,448.
2.	is offered at the new school	has not studied the subject before	$2,688.
3.	is not offered at the new school	meets both of the following conditions: 1. The child is in Year 10, 11 or 12. 2. The child needs to study the subject, as it is essential to their career aims. Example: A student wishes to pursue a career in music. Music courses are not offered by the new school.	$5,377.

Item	If the special needs child requires...	then the benefit is...
1.	a therapy service or tuition not provided by the school, but critical to educational progress	one hour a week for 14 weeks, at a maximum of $103 an hour for each service needed.
2.	an assessment of their needs, critical to the development of an educational program	a private assessment of the need, up to $761.

Item	The annual maximum reimbursement is...	less an annual member contribution of...
Compulsory tuition fees
1.	the cost of compulsory tuition fees to a maximum of $28,563	$361.
Accommodation
2.	if in boarding school or a commercial establishment, the cost of board to maximum of $25,669	either of the following.
3.	if accommodated privately, the cost of board to a maximum of $18,431 Example: A lodger boarding in a private home.	a.	For the first year of boarding — $2,633.
		b.	For every other year of boarding — $3,036.

Item	School level	Annual contribution in AUD
1.	Pre-school	496
2.	Primary school	169
3.	Secondary school	395

Item	The maximum amount of assistance over a 12 month period is...	after the member has first paid...
Compulsory tuition fees
1.	AUD 28,563 for the cost of compulsory tuition	either of the following.
		a.		If the child is in pre-school or primary school — AUD 169.
		b.		If the child is in secondary school — AUD 395.
		Note: No assistance towards tuition fees is provided for a child enrolled full-time in an undergraduate course at a tertiary institution.
Accommodation
2.	AUD 25,669 for the cost of accommodation charged by a boarding school, a tertiary institution or a commercial establishment Note: The accommodation fees may cover additional services such as meals, laundry or internet usage. Items not included in accommodation fees are not payable. The total fee is payable up to the limit above.	the greater of the following.
		a.		Either of the following.
				i.	For the first year of boarding — AUD 2,633.
				ii.	For every other year of boarding — AUD 3,036.
		b.		The annual cost incurred by the member for the child's accommodation that was current on the day before the date the notice of posting was issued to the member.
		Note: If the child lives in the family home, no assistance is provided under this Division.
3.	AUD 18,431 for the cost of private accommodation Example: A lodger boarding in a private home.	the greater of the following.
		a.	AUD 3,036.
		b.	The annual cost incurred by the member for the child's accommodation that was current on the day before the date the notice of posting was issued to the member.
		Note: If the child lives in the family home, no assistance is provided under this Division.