Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 3) (Cth)
Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 3)
I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 9 June 2023
Fiona Louise McSpeerin
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—Reunion travel amendments 2
Defence Determination 2016/19, Conditions of service 2
1 Name
This instrument is the Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 3).
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. | 1 July 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Note: this table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Reunion travel amendments
Defence Determination 2016/19, Conditions of service
| 1 | Division 4 of Part 3 to Chapter 9 |
| Repeal the Division, substitute: |
Division 4: Reunion travel
Subdivision 1: General provisions
9.3.28 Purpose
| The purpose of reunion travel is to reunite a member with resident family or non-resident family who do not reside in the member’s housing benefit location. Note: The travel may be used for the member to visit their family, or for the family to visit the member. |
9.3.29 Limits on reunion travel within a 12 month period
| The combined maximum number of reunion travel credits a member can use under this Division within a 12 month period is one of the following. | |
| a. | If the member has unaccompanied resident family only — 6 credits. |
| b. | If the member has unaccompanied resident family and non-resident family — 6 credits. |
| c. | If the member has accompanied resident family only and is posted to a seagoing ship, seagoing submarine or seagoing flight.— 6 credits. |
| d. | If the member has accompanied resident family and non-resident family and is posted to a seagoing ship, seagoing submarine or seagoing flight — 6 credits. |
| e. | If the member has accompanied resident family and non-resident family — 2 credits. |
| f. | If the member has non-resident family only — 1 credit. Note: Recreation leave travel is also provided to members who have no resident family. |
| Note: The number of reunion travel credits a member is eligible for is provided under the following: a. For reunion travel to see resident family, one of the following. i. For a member on a flexible service determination — section 9.3.33E. ii. For any other member — section 9.3.33D. b. For reunion travel to see non-resident family, section 9.3.39J. | |
9.3.30 Reunion travel credits – dual serving couple
| A member who is posted to a seagoing ship, seagoing submarine or seagoing flight and all of the following apply is not eligible for reunion travel credits under this Division. | |
| a. | They have accompanied resident family. |
| b. | The accompanied resident family is also a member. |
9.3.31 Using reunion travel credits
| 1. | A member's reunion travel credits may be used by the member or one of the following. | ||
| a. | If using a reunion travel credit under subdivision 2 — the member’s resident family. | ||
| b. | If using a reunion travel credit under subdivision 3 — any of the following. | ||
| i. | The member’s resident family. | ||
| ii. | The member’s non-resident family. | ||
| 2. | A reunion travel credit cannot be used for a member’s resident family or non-resident family to travel if all of the following apply. | ||
| a. | The resident family or non-resident family will travel to or from a location that will result in them being required to isolate. | ||
| b. | The requirement to isolate is known before the travel commences. | ||
| 3. | If the member is to be absent from duty on the days they travel using a reunion travel credit, the member must be on one of the following to use a reunion travel credit. | ||
| a. | A type of leave. | ||
| b. | A type of short absence. | ||
| c. | A nonworking period. | ||
9.3.32 How reunion travel credits are reduced
| 1. | A member's reunion travel credits are reduced by all the following. | ||
| a. | If the benefit is taken using subsection 9.3.33.1 — one credit for each person who travels using the member’s reunion travel credits. | ||
| b. | If the benefit is taken using subsection 9.3.33.3 — the number of credits used. | ||
| c. | If all of the following apply — one credit. | ||
| i. | The member serves on temporary duty in the same location as their resident family. | ||
| ii. | The member is not required for duty for two or more days in a row. | ||
| 2. | For the purpose of paragraph 1.c, location means the location that would be the member’s housing benefit location if the temporary duty location was the member’s primary service location. | ||
9.3.33 Benefit for each reunion travel credit
| 1. | If the travel is booked by Defence, the reunion travel credit is all the following between the locations specified in subsection 2. | ||
| a. | Door-to-door travel. | ||
| b. | A return economy class airfare. | ||
| 2. | Travel under subsection 1 is to be between a location in paragraph a. and a location in paragraph b. | ||
| a. | One of the following. | ||
| i. | The member’s primary service location. | ||
| ii. | If the member’s primary service location is a seagoing ship, seagoing submarine or seagoing flight — the port in Australia where the member is. | ||
| b. | One of the following. | ||
| i. | If the resident family or non-resident family live in Australia, the location of their home. | ||
| ii. | If the resident family or non-resident family do not live in Australia, the nearest international terminal in Australia to the member's primary service location that has flights to or from the country where the resident family or non-resident family live. | ||
| 3. | If travel is not booked by Defence, a reunion travel credit is the lesser of the following. | ||
| a. | The value of the benefit provided is one of the following. | ||
| i. | If the travel includes air travel — the value of the benefit provided under subsection 1 and calculated under section 9.1.8. | ||
| ii. | If the travel does not include air travel — an amount up to the normal departmental liability under section 9.1.7 that would have been payable. | ||
| b. | The actual total cost of door-to-door travel and airfares for the person travelling on the reunion travel credit. | ||
| Note 1: A member may use one reunion travel credit under this subsection for multiple people to travel if it does not exceed the value of the benefit that would be provided for one person to travel under section 9.1.8. Note 2: The benefit under this subsection is paid by reimbursement. | |||
9.3.33A Using multiple reunion travel credits
| A member may use more than one reunion travel credit under this Division at the same time if all the following apply. | |
| a. | The CDF is satisfied that the use of more than one reunion travel credit at a time is reasonable. |
| b. | Two or more of the member’s resident or non-resident family are travelling to the member’s duty location. |
| c. | The member has the required number of reunion travel credits. |
9.3.33B Additional benefits for each reunion travel credit – COVID-19
| 1. | This section applies to a member if they use a reunion travel credit under this Division and are required to isolate as a consequence of being in a place that is in connection with the reunion travel. Note: This section does not apply to resident family or non-resident family travelling on a member’s reunion travel credit. | ||
| 2. | A member is eligible for additional benefits if they have not used a reunion travel credit under section 9.3.31 in the lesser of the following periods. | ||
| a. | The period 6 months before the reunion travel credit is to be used. | ||
| b. | If the CDF is satisfied there are exceptional circumstances — a period less than 6 months before the reunion travel credit is to be used. | ||
| 3. | A member cannot receive additional benefits under this section more than twice within a 12 month period. | ||
| 4. | The member is not eligible for a payment for a meal that has been provided to the person at no cost. | ||
| 5. | In this section, additional benefits means any of the following. | ||
| a. | If the place of isolation is directed by State or Territory authorities and is not the member’s usual residence — the cost of the accommodation in which the member is required to isolate. | ||
| b. | If the place of isolation is not directed by State or Territory authorities and it is not practical for the person to complete the isolation period at their usual residence, one of the following. | ||
| i. | If available — access to a quarantine residence. | ||
| ii. | If a quarantine residence is not available — travelling allowance payable under section 9.5.35. | ||
| c. | Subject to subsection 5, if a member is occupying a quarantine residence, the sum of the amounts for the following meals that corresponds with the location of the member in column A of the table in Annex 9.5.A Part 4 that the member is eligible to receive meal supplement allowance for. | ||
| i. | For breakfast — the amount in column B. | ||
| ii. | For lunch — the amount in column C. | ||
| iii. | For dinner — the amount in column D. | ||
| b. | If a member is required to isolate in a place that is not their usual place of residence, the amount for incidentals for the location of the member in column A of the table in Annex 9.5.A Part 4 that is specified in column E. | ||
| Note 1: There is no benefit under subsection 2 for a member who is required to isolate in their usual residence. Note 2: Additional benefits under subsection 2 may be reimbursed to the member or paid to the service provider. | |||
Subdivision 2: Reunion travel — reuniting with resident family
9.3.33C Member this Subdivision applies to
| This subdivision applies to a member performing duty in Australia who meets one of the following. | ||
| a. | They have unaccompanied resident family and no accompanied resident family. | |
| b. | They meet all of the following. | |
| i. | They have accompanied resident family and no unaccompanied resident family. | |
| ii. | They are posted to a seagoing ship, seagoing submarine or seagoing flight that is not in its home port. | |
| Note 1: Subdivision 3 provides reunion travel for members to reunite with their non-resident family. Note 2: Section 1.3.1 defines resident family as meaning a member’s accompanied and unaccompanied resident family. | ||
9.3.33D Reunion travel credits — general
| 1. | This section applies to a member who is not the subject of a flexible service determination. | |
| 2. | A member is eligible for the following number of reunion travel credits under this subdivision. | |
| a. | If they are expected to be separated from their resident family for 12 months —6 credits. | |
| b. | If they are expected to be separated from their resident family for less than 12 months — 1 credit for every 2 months they expect to be separated from their resident family. | |
| 3. | A member who is separated from their resident family for less than 2 months is not eligible for a reunion travel credit under this subdivision. | |
9.3.33E Reunion travel credits — member on a flexible service determination
| 1. | This section applies to a member who is the subject of a flexible service determination. |
| 2. | A member who has a percentage of full time duty set out in column A of the following table is eligible for the percentage of a reunion travel credit set out in set out in column B of the same item for every 2 months of separation from their resident family. |
Item Column A
Percentage of full time dutyColumn B
Percentage of a reunion travel credit1. Less than 25% 33% 2. 25% to 50% 50% 3. More than 50% and less than 75% 66% 4. 75% to less than 100% 83%
| 3. | A member’s percentage of full time duty is calculated using the following formula. | |
| Where: | ||
| A | is the number of full days of duty in the member's pattern of service over the duration of the flexible service determination. | |
| B | is the number of part days of duty in a fortnight that when combined add up to 8 hours, over the duration of the flexible service determination. | |
| C | is the total number of days over the duration of the flexible service determination. | |
| 4. | The number of reunion travel credits a member is eligible for under this section is calculated using the following formula, rounded to the nearest whole number. | |
| Where: | ||
| A | The percentage of a reunion travel credit the member is eligible to receive for each 2 month period of separation under subsection 2 column B. | |
| B | The number of 2 month periods the member will be separated from their resident family within a 12 month period. | |
9.3.33F Reunion travel credits — when flexible service determination is varied
| 1. | If a member’s pattern of service is varied for more than 28 days continuous days, the number of reunion travel credits is to be recalculated in accordance with section 9.3.33E. | ||
| 2. | A member’s reunion travel credits are increased to 6 if they meet one of the following. | ||
| a. | All of the following. | ||
| i. | The member’s flexible service determination is ended for Service reasons. | ||
| ii. | When the member last received a reunion travel credit they were expected to be separated from their resident family for at least 12 months. | ||
| iii. | There is at least 3 months remaining in the period of separation under subparagraph ii. | ||
| b. | All of the following. | ||
| i. | The member ends their flexible service determination. | ||
| ii. | When the member last received a reunion travel credit they were expected to be separated from their resident family for at least 12 months. | ||
| iii. | There is at least 6 months remaining in the period of separation under subparagraph ii. | ||
9.3.33G Crediting of reunion travel credits
| Reunion travel credits under this subdivision are credited to the member on one of the following days. | |
| a. | If the separation period occurs immediately after the member was living with their resident family — the day the separation period commences. |
| b. | If the separation period is expected to continue for more than 2 months immediately after the member's reunion travel credits have expired under subsection 2 — the day after the reunion travel credits expire. |
9.3.33H Expiry of reunion travel credits
| 1. | Reunion travel credits under this subdivision expire on one of the following days. | |
| a. | If the expected period of separation is 12 months or more at the time of giving the credits — the day that is 12 months after they were credited. | |
| b. | If the expected period of separation is less than 12 months at the time of giving the credits — the day that is the last day of the expected period of separation. | |
| c. | The day the member is no longer separated from their resident family. Note: There is no requirement for a member to repay any used credits. | |
| 2. | The period under subsection 1 may be extended if the following apply. | |
| a. | The CDF is satisfied the member could not use the credits due to Service reasons. | |
| b. | The member continues to be separated from their dependants after their reunion credits would have expired. | |
| Note: Credits may be used at any time during the period of separation, subject to section 9.3.31. | ||
Subdivision 3: Reunion travel — reuniting with non-resident family
9.3.33I Member this subdivision applies to
| This subdivision applies to a member who meets all of the following. | |
| a. | They are performing duty in Australia. |
| b. | They have non-resident family who live outside of the member’s housing benefit location. |
9.3.33J Reunion travel credits
| 1. | Subject to subsection 2, a member is eligible for the following number of reunion travel credits under this subdivision. | |
| a. | If the CDF is satisfied that at least one of the member’s non-resident family is expected to live outside of the member’s housing benefit location for 12 months — 2 credits in that period. | |
| b. | If the CDF is satisfied that at least one of the member’s non-resident family is expected to live outside of the member’s housing benefit location for more than 6 months, but less than 12 months — 1 credit in that period. | |
| 2. | The number of reunion travel credits a member is eligible for under subsection 1 is reduced by one if the member is eligible for recreation leave travel under Chapter 9 Part 4 Division 1. Note: Recreation leave travel is provided to members who have no resident family. | |
9.3.33K Crediting of reunion travel credits
| 1. | An initial grant of reunion travel credits under this subdivision occurs on the earlier of the following days. | |
| a. | If the member has non-resident family not living in their housing benefit location — the day a person is recognised as non-resident family of the member. | |
| b. | The day the member’s non-resident family cease to live in the member’s housing benefit location. | |
| 2. | A grant of reunion travel under this subdivision that is consecutive with a grant of travel leave credits under this section occurs on one of the following. | |
| a. | If paragraph 9.3.33J.1.a applied to the previous grant — 12 months after they last received reunion travel credits. | |
| b. | If paragraph 9.3.33J.1.b applied to the previous grant — 6 months after they last received reunion travel credits. | |
| Note: If a member has a break in eligibility for reunion travel credits, upon becoming eligible for reunion travel credits again they would receive their next reunion travel credits under subsection 1. | ||
9.3.33L Expiry of reunion travel credits
| 1. | Reunion travel credits under this subdivision expire on one of the following days. | |
| a. | If the expected period that the member will have non-resident family that live in a location that is not the member’s housing benefit location is 12 months or more — the day that is 12 months after they were received the credit. | |
| b. | If the expected period that the member will have non-resident family that live in a location that is not the member’s housing benefit location is less than 12 months — the day that is the last day of the expected period. | |
| c. | If the member ceases to have non-resident family living outside of their housing benefit location — the last day the member has non-resident family living outside of their housing benefit location. | |
| 2. | The period under paragraphs 1.a or 1.b may be extended by up to 12 months if the CDF is satisfied all of the following apply. | |
| a. | The member could not use the credits due to Service reasons. | |
| b. | The member continues to be eligible for reunion travel under this subdivision. | |
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