Defence Determination (Operation Bushfire ASSIST) Determination 2020 (Cth)

Defence Determination (Operation BUSHFIRE ASSIST) Determination 2020

I, JAYNE VANESSA CRAIG, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 17 January 2020

J V CRAIG

Acting Assistant Secretary

People Policy and Employment Conditions
Defence People Group

Contents

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

2    Commencement................................................................................................................ 1

3    Authority............................................................................................................................... 1

4    Purpose................................................................................................................................ 1

5    Definitions........................................................................................................................... 1

6    Member this determination applies to........................................................................... 2

7    Reimbursement.................................................................................................................. 2

1    Name

This instrument is the Defence Determination (Operation BUSHFIRE ASSIST) Determination 2020.

2    Commencement

This Determination commences on the day after registration.

3    Authority

This Determination is made under section 58B of the Defence Act 1903.

4    Purpose

The purpose of this Determination is to provide a reimbursement to members of costs associated with their early return from a holiday location and unrecoverable costs associated with the cancellation of a holiday when they are deployed on, or in support of, Operation BUSHFIRE ASSIST.

5    Definitions

The following definitions apply in this Determination.
Call-out order means the Order to Call-Out the Australian Defence Force Reserves, signed by the Governor-General on 4 January 2020.
Call out period means the period that meets the following.
a.	The period commencing on the day the call-out order applies to the member.
b.	The period ending on the day the call-out order ceases to apply to the member.
Decision-maker means one of the following.
a.	For a member of the Navy, any of the following.
i.	Director General Navy People.
ii.	Director Navy Recruiting, Retention and Transitions.
iii.	Director Navy Employment Conditions.
b.	For a member of the Army, any of the following.
i.	Director General Army People Capability.
ii.	Director Personnel Policy – Army.
iii.	Staff Officer Grade 1 – Personnel Policy – Army.
c.	For a member of the Air Force, any of the following.
i.	Director General Personnel – Air Force.
ii.	Director Personnel Policy – Air Force.
iii.	Deputy Director Personnel Policy – Air Force.
iv.	Deputy Director Service Conditions – Air Force.
Defence Determination means the Defence Determination 2016/19, Conditions of service, as in force from time to time.
Dependant means the following.
a.	For a member of the Reserves — has the same meaning given in section 1.3.83, 1.3.84 or 1.3.85 of the Defence Determination that would have applied to the member had the member been on continuous full-time service.
b.	For a member of the Permanent Forces — has the same meaning given in section 1.3.83, 1.3.84 or 1.3.85 of the Defence Determination.
Meal period has the same meaning given in section 1.3.39 of the Defence Determination.
Operation BUSHFIRE ASSIST means the ADF operation to provide assistance with the bushfire emergency 2019-2020.

6    Member this determination applies to

This Determination applies to the following members.
a.	A member of the Reserves who meets the following.
i.	The call-out order applies to the member.
ii.	The member cancelled holiday arrangements that would have taken place, wholly or in part, during the call-out period.
b.	A member of the Reserves who meets the following.
i.	The member rendered reserve service, other than on a continuous full-time service basis, in support of Operation BUSHFIRE ASSIST.
ii.	The member cancelled holiday arrangements that would have taken place, wholly or in part, during their reserve days.
c.	A member of the Permanent Forces who meets the following.
i.	The member was on a period of leave approved under Chapter 5 of the Defence Determination.
ii.	The member had not left their posting location.
iii.	The member was recalled to duty for the purpose of Operation BUSHFIRE ASSIST.
vi.	The member cancelled holiday arrangements that would have taken place, wholly or in part, after they were recalled to duty.

7    Reimbursement

1.	Subject to subsection 3, the member is eligible for the reimbursement of the following costs for the member and, if their dependants travel with them, their dependants, if the decision-maker is satisfied that the costs are reasonable.
a.	The relevant of the following transport costs.
i.	If the member is able to modify their return transport booking — additional costs associated with the rebooking.
ii.	If the member is unable to modify their return transport booking — the cost of the transport.
b.	Accommodation costs up to the amount provided under Annex 9.5.A of the Defence Determination for each night if a break during the return journey is required.
c.	Meal expenses for each meal period during the member’s return journey up to the amount provided under Annex 9.5.A Part 4 of the Defence Determination.
d.	Subject to subsection 2, the following costs.
i.	The cost of an unused portion of the holiday, including, but not limited to, cancelled accommodation and travel plans.
ii.	Any additional fees associated with the cancellation of an unused portion of the holiday.
Note: To avoid doubt, no benefit is payable under this Determination for lost opportunity.
2.	A reimbursement under paragraph 1.d is limited to costs that are unrecoverable through the service provider or through travel insurance.
3.	If a member is eligible for a reimbursement of costs under Chapter 5 Part 13 of the Defence Determination in connection with the call-out period, the member is not eligible for reimbursement of costs under this Determination.