Defence Determination, Conditions of Service Amendment (Special benefit payment) Determination 2019 (No. 11) (Cth)

Defence Determination, Conditions of Service Amendment (Special benefit payment) Determination 2019 (No. 11)

I, GENERAL ANGUS J. CAMPBELL, AO, DSC, Chief of the Defence Force, make the following Determination under section 58B of the Defence Act 1903.

Dated 17 July2019

A J CAMPBELL

Angus J. Campbell AO, DSC

General

Chief of the Defence Force

Contents

1...... Name............................................................................................. 1

2...... Commencement............................................................................. 2

3...... Authority....................................................................................... 3

4...... Schedules...................................................................................... 4     

Schedule 1—Special benefit payment.................................................................. 3

Defence Determination 2019/16, Conditions of service ................................... 3

Schedule 2—Transitional..................................................................................... 5

1  Name

This instrument is Defence Determination, Conditions of Service Amendment (Special benefit payment) Determination 2019 (No. 11).

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.  Sections 1 to 4 of this instrument and anything in this instrument not elsewhere covered by this table.	The day after this instrument is registered.
2. Schedules 1 and 2 of this instrument.	A day to be fixed by Assistant Secretary People Policy and Employment Conditions by notifiable instrument. If the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.

Note: This table relates only to the provisions of this instrument as originally made.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—Special benefit payment

Defence Determination 2016/19, Conditions of service

1	Section 2.3.20 (Purpose)
Omit the section, substitute:

2.3.20    Purpose

The purpose of this Division is to provide the payment of a special benefit to certain members of the Permanent Forces who are compulsorily transferred to the Reserves under section 16 of the Defence Regulation.
2	Section 2.3.22 (Member eligible for a special benefit)
Omit the section, substitute:

2.3.22    Member eligible for a special benefit

1.	A member is eligible for the special benefit under section 2.3.23 if either of the following apply.
a.	Subject to subsections 2 and 3, the member is compulsorily transferred to the Reserves for workforce planning reasons.
b.	Both of the following apply.
i.	The member is compulsorily transferred to the Reserves for reasons other than workforce planning.
ii.	The CDF is satisfied that payment of the special benefit is reasonable in the circumstances.
2.	To be eligible for the special benefit, the member must satisfy all of the following.
a.	They have completed at least two years’ service at their current rank.
b.	They have at least 12 months of service remaining before the day on which their period of service is expected to end.
c.	They are transferred to the Reserves within 30 days of the receiving the decision to transfer them to the Reserves.
3.	A member is not eligible for the special benefit if either of the following apply.
a.	The member is subject to any of the following.
i.	An investigation for unacceptable behaviour.
ii.	Disciplinary action.
iii.	A notice to show cause for an administrative sanction.
iv.	A notice of a positive test result under section 100 of the Act.
b.	An administrative sanction was imposed on the member within the previous 12 months.
4.	For the purpose of paragraph 2.b, the day the member’s period of service is expected to end is the earlier of the following days.
a.	The day the member reaches retirement age.
b.	The last day of the member’s fixed period of service.

Schedule 2—Transitional

1	Transitional
1.	This section applies to a member who met both the following immediately before the commencement of this Determination.
a.	The member was eligible for the payment of a special benefit under Chapter 2 Part 3 Division 3 of the Principal Determination.
b.	The member had not been paid the special benefit.
2.	The member continues to be eligible for the special benefit under Chapter 2 Part 3 Division 3 of the Principal Determination, as in force immediately before the commencement of this Determination.