Defence Determination, Conditions of service Amendment (Long service leave) Determination 2019 (No. 23) (Cth)

Defence Determination, Conditions of service Amendment (Long service leave) Determination 2019 (No. 23)

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

Dated 26 July 2019

F L 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—Long service leave amendments  2

Defence Determination 2016/19, Conditions of service  

1  Name

This instrument is the Defence Determination, Conditions of service Amendment (Long service leave) Determination 2019 (No. 23).

2  Commencement

This instrument commences on 5 September 2019.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Defence Determination 2016/19, Conditions of service

1	Subsection 5.5.1.4 (Overview), see note
Omit the see note.
2	Subsection 5.5.1.5 (Overview), see note
Omit the see note.
3	Subsection 5.5.6.1 (Administrative concepts)
Omit the subsection.
4	Subsection 5.5.6.5 (Administrative concepts)
Omit the subsection.
5	Subsection 5.5.6.6 (Administrative concepts), see note
Omit the see note.
6	Subsection 5.5.6.7 (Administrative concepts)
Omit the subsection.
7	Section 5.5.7 (How to apply for leave)
Omit the section.
8	Section 5.5.9 (How long service leave is granted)
Omit the section, substitute:

5.5.9    Eligibility to take leave

1.	A member is eligible to take leave using long service leave credits if the CDF approves an application and all of the following apply.
a.	The member applies for leave using the approved form.
b.	The application for leave has been submitted not less than 30 days before the day on which the leave is to start.
c.	The period of leave applied for is not less than the following.
i.	If leave is taken at full pay — seven days.
ii.	If leave is taken at half pay — 14 days.
iii.	If the CDF is satisfied that there are compassionate reasons — one day.
d.	If the member has previously taken leave using long service leave credits, the member has been available for duty for a least 14 days from the last day of the previous period of leave taken using long service leave credits.
e.	The period of leave does not include a part day.
2.	For the purpose of paragraph 1.d, a member is available for duty if they are not on either of the following.
a.	A type of leave other than short absence leave, a medical absence or examination leave.
b.	The Christmas stand-down.
3.	Paragraphs 1.b and 1.d do not apply if the CDF is satisfied it is reasonable in the circumstances.
9	Section 5.5.10 (Grant of other leave with long service leave)
Omit the section, substitute:

5.5.10    Taking leave and long service leave credits

1.	If a member takes leave using long service leave credits, the member’s long service leave credits are reduced in accordance with the following.
a.	If the leave is taken at full pay — by the period of leave.
b.	If the leave is taken at half pay — by half the period of leave.
2.	A period of leave includes weekends and public holidays.
10	Section 5.5.11 (Grant of long service leave to members on part-time leave without pay)
Omit the section.