Defence Determination, Conditions of Service Amendment (Miscellaneous) Determination 2018 (No. 12) (Cth)
Defence Determination, Conditions of Service Amendment (Miscellaneous) Determination 2018 (No. 12)
I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 28 February 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—Amendments 3
Defence Determination 2016/19, Conditions of service 3
1 Name
This instrument is Defence Determination, Conditions of Service Amendment (Miscellaneous) Determination 2018 (No. 12)
2 Commencement
This instrument commences 8 March 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 | Subsection 1.6.1.3 (Dual entitlement – member's adult dependant is also a member) | |
| Omit both examples. | ||
| 2 | Paragraph 2.3.22.1.c (Member eligible for a special benefit) | |
| Omit the paragraph, substitute: | ||
| c. | The member has been identified for a command-initiated transfer to the Reserves for the purpose of Part 10, Chapter 4 of the Military Personnel Policy Manual, as published on 15 December 2017. See: Military Personnel Policy Manual, Part 10 Chapter 4,Command-Initiated Transfer to the Reserves | |
| 3 | Section 5.1.3 (Leave types) | |
| Omit. | ||
| 4 | Subsection 5.3.5.3 (Medical absence on recommendation from a health professional) | |
| Omit "Having a Defence health professional assess a member in relation to any significant medical absence means that relevant occupational issues and rehabilitation are identified and help is provided promptly." | ||
| 5 | Subsection 5.3.5.4 (Medical absence on recommendation from a health professional) | |
| Omit. | ||
| 6 | Paragraph 5.3.6.1.a (Refusal to grant a medical absence) | |
| Omit from the example "they member", substitute "the member". | ||
| 7 | Subsection 5.3.8.1 (Administrative requirements for granting a medical absence) | |
| Omit "Related information: In some cases the member may need to change to a different employment category or their service may be ended on medical grounds, depending on the extent of their incapacity and their capacity for rehabilitation. This action occurs under the Defence (Personnel) Regulations 2002.” | ||
| 8 | Subsection 5.3.8.2 (Administrative requirements for granting a medical absence), note | |
| Omit the note. | ||
| 9 | Subsection 5.4.20.1 (Eligibility) | |
| Omit "both these", substitute "all of the following". | ||
| 10 | Section 5.6.10 (Notice) | |
| Omit from the note "Health Directive No. 235, Management of pregnant members of the Australian Defence Force", substitute "Defence Health Manual Volume 2 Part 9 Chapter 3 – Management of pregnant Defence members, as published on 27 October 2017" | ||
| 11 | Section 5.6.10 (Notice), note | |
| Omit the see note. | ||
| 12 | Section 5.9.9 (Definitions) | |
| Omit from table item 1 "dependant or spouse", substitute "dependant, spouse or partner". | ||
| 13 | Subsection 7.6.20.2 (Member living in a rent band choice home above their rank group) | |
| Omit from the table wherever occurring "Annex 7.4.B", substitute "Annex 7.A". | ||
| 14 | Subsection 7.10.9.3 (Contribution for utilities – member living in) | |
| Omit the subsection, substitute. | ||
| 3. | Subject to subsection 4, a member who lives in and does not pay a contribution for living-in accommodation is not required to pay any contribution for utilities. | |
| 4. | A member who does not pay a contribution for living-in accommodation, and meets any of the following criteria, is required to pay a contribution for utilities. | |
| a. | The member is a normal entry recruit during basic recruit training. | |
| b. | The member is a member without dependants who is in a room with four or more beds. | |
| c. | The member is temporarily living in accommodation below the standard that would be classified as level 1 accommodation. | |
| See: Part 4 Division 5 subsection 7.4.32.2, Members who do not pay to live in | ||
| 15 | Section 9.2.15 (Air as the most economical means of travel), table | |
| Omit from table item 2.b "themselves and any dependants'". | ||
| 16 | Section 13.2.15 (Benefit – funeral costs) | |
| Omit the section, substitute: | ||
13.2.15 Death of member or dependant
| If a member or dependant dies while on short-term duty overseas, Chapter 15 Part 9 section 15.9.3 or section 15.9.3A applies. | |
| See: Chapter 15 Part 9 | |
17 | Subsection 15.1.2.2 (Member this Chapter applies to) |
| Omit "conditions and may be granted the conditions listed in subsection 4", substitute "conditions may be granted the conditions listed in subsection 3". | |
| 18 | Subsection 15.1.2.3 (Member this Chapter applies to), table |
| Omit table item 4, substitute: |
4. Assistance if member dies Part 9 section 15.9.3 5. Assistance if dependant dies Part 9 section 15.9.3A
| 19 | Subsection 15.3.31 (Definitions), table | |
| Omit from paragraph a of the definition of close relative "dependant or spouse", substitute "dependant, spouse or partner". | ||
| 20 | Subsection 15.3.31 (Definitions), table | |
| Omit paragraph b from the definition of close relative, substitute: | ||
| b. | The parent, child, brother or sister of the member's spouse or partner. | |
| 21 | Subsection 15.3.31 (Definitions), table | |
| Omit paragraph c from the definition of close relative. | ||
| 22 | Subsection 16.1.8.2 (Provisional hardship locations) | |
| Omit from the note "Section 16.1.9 applies", substitute "When making a decision under this section, the criteria set out in section 16.1.9 apply". | ||
| 23 | Subsection 16.1.9.1 (Criteria for decisions) | |
| Omit "16.2.5.1", substitute "16.2.4.1". | ||
| 24 | Subsection 16.2.4.1 (Payment of hardship allowance) | |
| Omit from the note "Section 16.1.9 applies", substitute "When making a decision under the exception in subsection 1, the criteria set out in section 16.1.9 apply". | ||
| 25 | Subsection 16.2A.4.1 (Payment of location allowance) | |
| Omit from the note "Section 16.1.9 applies", substitute "When making a decision under the exception in subsection 1, the criteria set out in section 16.1.9 apply". | ||
0
0
0