Defence Determination, Conditions of Service Amendment (Leave) Determination 2018 (No. 22) (Cth)

Defence Determination, Conditions of Service Amendment (Leave) Determination 2018 (No. 22)

I, ELIZABETH ANNE SISLEY, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 25 May 2018

E A SISLEY

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

1  Name

This instrument is the Defence Determination, Conditions of Service Amendment (Leave) Determination 2018 (No. 22).

2  Commencement

This instrument commences 31 May 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Amendments

Defence Determination 2016/19, Conditions of service

1	Section 5.1.1 (Purpose)
After the section, insert:

5.1.1A   Definitions

This table defines terms that apply in this Chapter.

Term	Definition in this Chapter
Senior officer who transitioned	Means a senior officer who meets all the following.
	a.	The senior officer previously held one of the following appointments or positions.
	i.	Chief of the Defence Force.
	ii.	Vice Chief of the Defence Force.
	iii.	Service Chief.
	iv.	Chief of Joint Operations.
	b.	The senior officer undertook required activities that supported their resignation, retirement or transfer to the Reserves, immediately after ceasing their appointment in paragraph a.
	c.	The senior officer ceased service in the Permanent Forces, immediately after completing the activities described in paragraph b.
Transition period	Means the period for a senior officer that is between the following two days.
	a.	The day after the senior officer ceases to hold one of the following appointments or positions.
	i.		Chief of the Defence Force.
	ii.		Vice Chief of the Defence Force.
	iii.		Service Chief.
	iv.		Chief of Joint Operations.
	b.	The day before the senior officer becomes a senior officer who transitioned.

2

Section 5.4.42 (Definitions), definition of ‘salary’

At the end of the definition, insert:

Exception: The member has become a senior officer who transitioned.

See: Section 5.4.44A, Payment of leave credit for senior officer who transitioned

3

Subsection 5.4.44.1 (Payment to member for leave credit)

After "This section applies to a member", insert ", other than a senior officer who transitioned,".

4

Section 5.4.44 (Payment to member for leave credit)

After the section, insert:

5.4.44A   Payment to senior officer who transitioned for leave credit

1.	This section applies to a senior officer for whom both the following apply.
a.	The member has become a senior officer who transitioned.
b.	The senior officer has elected to be paid their accrued leave credit and purchased recreation leave credit under paragraph 5.4.43.1.a.
2.	The senior officer is to be paid an amount calculated using the following formula.
Where:
A	is the sum of accrued leave credits and purchased recreation leave credits (in days) held by the senior officer at the end of their appointment, multiplied by the daily rate of salary and allowances that were payable to the senior officer on the last day of their appointment.
B	is the amount of recreation leave credits (in days) accrued during the senior officer's transition period, multiplied by the daily rate of salary and allowances that were payable to the senior officer on their last day in the Permanent Forces.
C	is the amount of accrued leave credit (in days) the senior officer used during their transition period, multiplied by the daily rate of salary and allowances that were payable to the senior officer during their transition period.
3.	For the purpose of this section, daily rate of salary and allowances means the sum of the daily rate of the applicable salary and the daily rate of allowances payable to the member on the specified day.
5	Subsection 5.5.26.4 (Payment instead of long service leave)
After "5.5.22", insert "or subsection 5.5.26.6".

6		Section 5.5.26.5 (Payment instead of long service leave)
After "instead of long service leave", insert "for a member other than a senior officer who transitioned".
7	Subsection 5.5.26.5 (Payment instead of long service leave)
After the subsection, insert:
6.	This subsection applies to a member on becoming a senior officer who transitioned. Both the following apply.
a.		The senior officer is to be paid an amount for their long service leave credit calculated using the following formula.
Where:
A				is the amount of long service leave credits (in months) held by the senior officer at the end of their appointment, multiplied by the monthly rate of salary and allowances payable to the senior officer on the last day of their appointment.
B				is the amount equal to each day of long service leave credits (in months) accrued during the senior officer's transition period, multiplied by the monthly rate of salary and allowances payable to the senior officer on their last day in the Permanent Forces.
C				is the amount of long service leave (in months) the senior officer took during their transition period, multiplied by the monthly rate of salary and allowances payable to the senior officer during their transition period.
b.		For the purpose of this subsection, monthly rate of salary and allowances means the sum of the applicable annual rate of salary and the annual rate of allowances payable to the member on the specified day, other than rent allowance and ADF district allowance, divided by 12.