Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 40) (Cth)

Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 40)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated   5 November 2018

F L MCSPEERIN

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—Flexible service determination amendments   3

Defence Determination 2016/19, Conditions of service   3

1  Name

This instrument is Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 40).

2  Commencement

This instrument commences on 29 November 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Flexible service determination amendments

Defence Determination 2016/19, Conditions of service

1	Section 4.4.23 (Member who is eligible)
After the section, insert:

4.4.23A Member not eligible

A member on a flexible service determination is not eligible for the allowance for any continuous nonworking period of more than 28 days.
2	Subsection 5.5.9.1 (How long service leave is granted), exception
Omit the exception and cross reference.
3	Subsection 5.6.14.1 (Paid maternity leave)
Omit the subsection, substitute:
1.	This section does not apply to a member on Reserve service.
4	Subsection 5.6.14.2 (Paid maternity leave)
Omit "is not on a flexible service determination and".
5	Subsection 5.6.14.2A (Paid maternity leave)
Omit the subsection.
6	Paragraph 7.4.27A.3.b (Member on a flexible service determination)
Omit the paragraph, substitute:
b.	The whole period of the member's flexible service determination if the total number of days that are the member's pattern of service in the member's flexible service determination is either of the following.
i.	If the period in the flexible service determination is one year ­– less than 130 days.
ii.	If the period in the flexible service determination is part of a year – less than the number of days calculated using the following formula.
Where:
FSD	is the number days in the period of the member's flexible service determination that is less than one year.
7	Subsection 7.4.27A.4 (Member on a flexible service determination)
After the subsection, insert:
5.	If the member's flexible service determination is varied for Service reasons, the member will be reimbursed the difference between the following two amounts.
a.	The contribution that the member has paid during the period of the variation.
b.	The contribution that the member would have paid during the period of the variation.
8	Paragraph 7.4.27B.2.b (Member with dependants (unaccompanied) on a flexible service determination)
Omit the paragraph, substitute:
b.	The total number of days that are the member's pattern of service in the member's flexible service determination are either of the following.
i.	If the period in the flexible service determination is one year ­– less than 130 days.
ii.	If the period in the flexible service determination is part of a year – less than the number of days calculated using the following formula.
Where:
FSD	is the number days in the period of the member's flexible service determination that is less than one year.
9	Paragraph 7.4.27B.3 (Member with dependants (unaccompanied) on a flexible service determination), description of C for formula
After 'is' insert '50% of'.
10	Paragraph 7.6.55A.3.b (Contribution for member on a flexible service determination)
Omit the paragraph, substitute:
b.	The whole period of the member's flexible service determination if the total number of days that are the member's pattern of service in the member's flexible service determination are either of the following.
i.	If the period in the flexible service determination is one year ­– less than 130 days.
ii.	If the period in the flexible service determination is part of a year – less than the number of days calculated using the following formula.

Where:
FSD	is the number days in the period of the member's flexible service determination that is less than one year.
11	Paragraph 7.6.55B.2.b (Member with dependants (unaccompanied) on a flexible service determination)
Omit the paragraph, substitute:
b.	The total number of days that are the member's pattern of service in the member's flexible service determination are either of the following.
i.	If the period in the flexible service determination is one year ­– less than 130 days.
ii.	If the period in the flexible service determination is part of a year – less than the number of days calculated using the following formula.
Where:
FSD	is the number days in the period of the member's flexible service determination that is less than one year.
12	Paragraph 7.6.55B.3 (Member with dependants (unaccompanied) on a flexible service determination), description of C for formula
After 'is' insert '50% of'.
13	Paragraph 7.7.14A.3.b (Contribution for member on a flexible service determination)
Omit the paragraph, substitute:
b.	The whole period of the member's flexible service determination if the total number of days that are the member's pattern of service in the member's flexible service determination are either of the following.
i.	If the period in the flexible service determination is one year ­– less than 130 days.
ii.	If the period in the flexible service determination is part of a year – less than the number of days calculated using the following formula.
Where:
FSD	is the number days in the period of the member's flexible service determination that is less than one year.

14	Paragraph 7.7.14B.2.b (Member with dependants (unaccompanied) on a flexible service determination)
Omit the paragraph, substitute:
b.	The total number of days that are the member's pattern of service in the member's flexible service determination are either of the following.
i.	If the period in the flexible service determination is one year ­– less than 130 days.
ii.	If the period in the flexible service determination is part of a year – less than the number of days calculated using the following formula.
Where:
FSD	is the number days in the period of the member's flexible service determination that is less than one year.
15	Paragraph 7.7.14B.3 (Member with dependants (unaccompanied) on a flexible service determination), description of C for formula
Before 'the fortnightly', insert 'is 50% of'.
16	Paragraph 7.8.18A.3.b (Rent contribution for member on a flexible service determination)
Omit the paragraph, substitute:
b.	The whole period of the member's flexible service determination if the total number of days that are the member's pattern of service in the member's flexible service determination are either of the following.
i.	If the period in the flexible service determination is one year ­– less than 130 days.
ii.	If the period in the flexible service determination is part of a year – less than the number of days calculated using the following formula.
Where:
FSD	is the number days in the period of the member's flexible service determination that is less than one year.

17

Paragraph 7.8.18B.2.b (Rent contribution for member with dependants (unaccompanied) on a flexible service determination)

Omit the paragraph, substitute:

b.

The total number of days that are the member's pattern of service in the member's flexible service determination are either of the following.

i.

If the period in the flexible service determination is one year ­– less than 130 days.

ii.

If the period in the flexible service determination is part of a year – less than the number of days calculated using the following formula.

Where:

FSD

is the number days in the period of the member's flexible service determination that is less than one year.

18

Paragraph 7.8.18B.3 (Rent contribution for member with dependants (unaccompanied) on a flexible service determination), description of C for formula

 After 'is' insert '50% of'.

19

Subsection 7.9.10.2 (Eligibility and rate of food allowance)

Omit the subsection, substitute:

2.

The fortnightly rate of food allowance is $197.29 a fortnight.

Exception: A member on a flexible service determination.

20

Subsection 7.9.10.2 (Eligibility and rate of food allowance)

After the subsection, insert:

3.

If a member is on a flexible service determination, the rate of food allowance is $19.73 for each day in the member's pattern of service up to the fortnightly rate specified under subsection 2.