Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022

Administered by Department of Defence

Legislation au F2022N00190 Not in force Notifiable Instrument

Legislation content


 

Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022

 

Part V of the Defence Act 1903

 


I, Lieutenant General John Frewen, Chief of Joint Capabilities, approve payments to ADF Cadets under the authority of the Defence (Payments to ADF Cadets) Determination 2022.

 

 

 

 

 

 

Dated this 16th day of August 2022

 

 

 

 

 

 

 

Signed by

 

 

 

 

 

 

 

John Frewen

Lieutenant General

Chief of Joint Capabilities

 

 

 

Revocation of previous approvals and authorisations

1. I revoke the instrument Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2020, dated 12 June 2020.

Date of effect

2. This Determination commences on the later of the following:

a. immediately after the commencement of the Defence (Payment to ADF Cadets) Determination 2022;

b. the date this instrument is signed.


Approval of Payments

3. The following Defence personnel may approve payments, in accordance with the amounts set out in Table 1, to officer and instructors of cadets in the ADF Cadets who have applied under subsection 6(1) and/or section 10(a) of the Defence (Payment to ADF Cadets) Determination 2022, and within the timeframe outlined in subsection 6(4), for payment of a daily amount or an expense that has been incurred in respect of participation in activities of the ADF Cadets.

a. For 1 – 48 Days claimed:

(1) For Australian Navy Cadets: Director-General Australian Navy Cadets, Director Australian Navy Cadets, and an RAN officer of the rank of LCDR or higher in the Australian Navy Cadet Branch.
 

(2) For Australian Army Cadets: Commander Australian Army Cadets, an Army Officer of the rank of Major or higher, or an APS Defence employee of the grade of APS6 or higher in the Headquarters Australian Army Cadets.
 

(3) For Australian Air Force Cadets: Director-General Cadets - Air Force, an Air Force Officer of the rank of Flying Officer or higher, or an APS employee of the grade of APS4 or higher in the Cadet Branch Air Force.

b. For 49 – 150 Days claimed:

(1) For Australian Navy Cadets: Director-General Australian Navy Cadets, Director Australian Navy Cadets.
 

(2) For Australian Army Cadets: Commander Australian Army Cadets, Deputy Commander Australian Army Cadets.
 

(3) For Australian Air Force Cadets: Director-General Cadets - Air Force, Deputy Director-General Cadets – Air Force and Deputy Director Personnel – Air Force.

c. For 151 – 200 Days claimed:

(1) For Australian Navy Cadets: Deputy Chief of Navy
 

(2) For Australian Army Cadets: Deputy Chief of Army
 

(3) For Australian Air Force Cadets: Deputy Chief of Air Force


4.  For the purpose of section 10 of the Defence (Payment to ADF Cadets) Determination 2022, I authorise the following Defence personnel to do things outlined in 10(b) of the Defence (Payment to ADF Cadets) Determination 2022:

a. For Australian Navy Cadets: Director-General Australian Navy Cadets and a member with the rank of Commander or higher (or Defence APS equivalent) in the Australian Navy Cadets Branch.
 

b. For Australian Army Cadets: Commander Australian Army Cadets, an Army Officer of the rank of Lieutenant Colonel or higher, or an Defence APS employee of the grade of Executive Level One or higher in the Headquarters Australian Army Cadets.
 

c. For Australian Air Force Cadets: Director-General Cadets - Air Force and a member with the rank of Wing Commander or higher (or Defence APS equivalent) in the Cadets Branch Air Force. 

Daily amount for officers of cadets and instructors of cadets in the ADF Cadets

5. Table 1 sets out the daily amount payable to officers of cadets and instructors of cadets in the ADF Cadets.

Table 1 – Daily amounts

Tier

Amount

Tier 4 – Executive/Command

$300

Tier 3 – Program Delivery

$210

Tier 2 – Program Support

$165

Tier 1 – Volunteer Trainees

$120

 

 

 

 

 

Note: Detailed Tier definitions are contained in the YOUTHPOLMAN

a. For the purpose of calculating the daily amount, 6 or more hours on any day counts as a full day.  Between 2 and 6 hours on any day counts as a part day.  Each part day is paid at half the daily rate.  Less than 2 hours on any day does not receive a daily amount.

b. Defence is required to withhold an amount for taxation purposes from the payments made to officers of cadets and instructors of cadets in accordance with the Australian Taxation Office Ruling 1012746940276 of 23 December 2014.

ADF members participating in cadet activities

6. ADF members undertaking SERVOP C service who participate in a cadet activity will not be entitled to any payments under this determination unless they are accepted as officers of cadets or instructors of cadets and are participating in a cadet activity in that capacity.

7. A member of the ADF Reserves who is in receipt of Reserve pay for participating in a cadet activity will not be entitled to any payments under this determination.


Payments for pre-approved travel and meal expenses for officers of cadets and instructors of cadets in the ADF Cadets

8. An eligible officer of cadets or instructor of cadets in the ADF Cadets is eligible for the payment of travel and meal expenses at the rate for COL(E) and below, as set out in Chapter 9 of Defence Determination 2016/19, Conditions of service, as in force from time to time, for a pre-approved schedule of activities for which such expenses can be sought.


 

Overview

The Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022 is a notifiable instrument enacted to facilitate the approval and management of payments to Australian Defence Force (ADF) Cadets under the authority of the Defence (Payments to ADF Cadets) Determination 2022. This instrument was introduced to address the need for clear and efficient procedures for approving and managing payments to officers and instructors of cadets who have applied for such payments, in accordance with the relevant subsections of the Defence (Payment to ADF Cadets) Determination 2022. The instrument was enacted by Lieutenant General John Frewen, Chief of Joint Capabilities, and the policy objective is to ensure that payments are approved by authorised Defence personnel and that eligible officers and instructors of cadets receive their due payments in a timely manner. The instrument revokes the previous instrument from 2020 to align with the updated determination and to streamline the process of approving payments to ADF Cadets.

Scope and Application

The Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022 applies to members of the Australian Defence Force (ADF) who are officers or instructors of cadets in the Australian Defence Force Cadets (ADF Cadets). This notifiable instrument serves to approve payments made to these officers and instructors for their participation in cadet activities, in accordance with the Defence (Payment to ADF Cadets) Determination 2022. The scope of this instrument includes the approval of daily amounts and expenses incurred by these officers and instructors. The instrument is enacted at the Commonwealth level and applies to personnel within the ADF Cadets across Australia. Notably, it excludes ADF members participating in cadet activities who are not accepted as officers of cadets or instructors of cadets, as well as ADF Reserve members who are in receipt of Reserve pay for participating in cadet activities. The application and scope of this instrument may be extended or restricted through subordinate instruments.

Key Provisions

The Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022 (the "Determination") outlines the authority for payments to ADF Cadets, replacing the 2020 version. According to section 3, specific Defence personnel are authorised to approve payments to officers and instructors of cadets within specified timeframes and daily limits. Section 4 lists personnel authorised to perform specific tasks, while section 5 details the daily rates for different tiers of officers and instructors. Additionally, section 6 states that ADF members participating in cadet activities are not entitled to payments unless they are accepted as officers or instructors. Section 7 specifies that members of the ADF Reserves who receive Reserve pay for cadet activities are not eligible for payments under this Determination. Finally, section 8 allows eligible officers and instructors to claim travel and meal expenses at the rate for COL(E) and below for pre-approved activities. The Determination imposes several obligations on Defence personnel and ADF Cadet officers and instructors. Defence personnel must ensure that payments are approved within the specified timeframes and daily limits outlined in the Determination (section 3). They must also ensure that payments are withheld for taxation purposes in accordance with the Australian Taxation Office Ruling 1012746940276 of 23 December 2014 (section 5(b)). ADF Cadet officers and instructors must ensure that they are eligible for payments under the Determination and that they are participating in cadet activities in their official capacity (sections 6 and 7). They must also ensure that any claims for travel and meal expenses are for pre-approved activities and are made in accordance with the rates set out in the Defence Determination 2016/19 (section 8). Breach of the Determination may result in civil or criminal consequences, although the Determination does not specify any specific penalties. However, section 5(b) of the Determination requires Defence personnel to withhold an amount for taxation purposes from payments made to officers of cadets and instructors of cadets. Failure to do so may result in consequences under the Taxation Administration Act 1953. Additionally, any fraudulent claims for payments or expenses may result in criminal charges under the Criminal Code Act 1995. It is important for all parties to comply with the Determination to avoid any potential legal or financial consequences.

Legal classification tags

Area of Law
Defence & Military Law
Instrument
Notifiable instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.