Chief of Personnel (Payments to ADF Cadets) Notifiable Instrument 2023

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Legislation au F2023N00597 Not in force Notifiable Instrument

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Chief of Personnel (Payments to ADF Cadets) Notifiable Instrument 2023

 

Part V of the Defence Act 1903

 


I, Lieutenant General Natasha Fox, Chief of Personnel, make this Notifiable Instrument under the authority of the Defence (Payments to ADF Cadets) Determination 2023.

 

 

 

 

 

 

Dated this 1st day of December 2023

 

 

 

 

 

 

 

Signed by

 

 

 

 

 

 

 

Natasha Fox AO, CSC

Lieutenant General

Chief of Personnel

 

 

 

Revocation of previous approvals and authorisations

1. I revoke the instrument Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022, dated 16 August 2022.

Date of effect

2. This Notifiable Instrument commences on the later of the following:

a. immediately after the commencement of the Defence (Payments to ADF Cadets) Determination 2023 (the Determination);

b. the date this instrument is signed.


Approval of application for payment of an allowance

3. Under section 10 of the Determination, the following Defence personnel are authorised for the purposes of subsection 6(1) of the Determination:  

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


5.  Under section 10 of the Determination, the following Defence personnel are authorised for the purposes of subsection 6(3) of the Determination:

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

6. Under subsection 7(1) of the Determination, 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

7. Under subsection 6(4) of the Determination, an ADF member who participates 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.

8. Under subsection 6(4) of the Determination, 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

9. Under subsection 6(4) of the Determination, 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 Personnel (Payments to ADF Cadets) Notifiable Instrument 2023 was enacted to provide a structured framework for the approval and payment of allowances to officers and instructors of cadets within the Australian Defence Force (ADF) Cadets. This Notifiable Instrument, issued under the authority of the Defence (Payments to ADF Cadets) Determination 2023, aims to streamline the approval process for cadet payments, ensuring that the correct Defence personnel are authorised to approve claims based on the duration of the cadet's service. By revoking the previous approvals and authorisations established in the Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022, this instrument seeks to update and clarify the approval process. The policy objective is to enhance efficiency and accountability in the financial administration of cadet activities, ensuring that payments are correctly processed and authorised by appropriately ranked Defence personnel.

Scope and Application

The Chief of Personnel (Payments to ADF Cadets) Notifiable Instrument 2023 applies to Defence personnel involved in the payment of allowances to officers of cadets and instructors of cadets in the Australian Defence Force (ADF) Cadets, as well as to ADF members who participate in cadet activities. This legislation governs the approval process for payments and the calculation of daily allowances, ensuring compliance with the Defence (Payments to ADF Cadets) Determination 2023. It revokes the previous instrument, the Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022, effective immediately upon the signing of this Notifiable Instrument or the commencement of the Defence (Payments to ADF Cadets) Determination 2023, whichever is later. The geographic reach of this legislation is national, applying across Australia under Commonwealth authority. Exclusions and exemptions are limited to ADF members participating in cadet activities and ADF Reserve members who are already receiving Reserve pay for such activities, who are not entitled to additional payments under this determination. The instrument also specifies the authorised Defence personnel for approving payments based on the number of days claimed, detailing the ranks and positions within the Australian Navy Cadets, Australian Army Cadets, and Australian Air Force Cadets. Furthermore, it sets out the daily amounts payable to officers of cadets and instructors of cadets, with different rates for various tiers, and mandates taxation withholding in line with Australian Taxation Office rulings.

Key Provisions

The Chief of Personnel (Payments to ADF Cadets) Notifiable Instrument 2023 (the Notifiable Instrument) outlines key provisions for payments to Australian Defence Force (ADF) cadets and the procedures for approving such payments. Section 1 revokes the previous instrument, the Chief of Joint Capabilities (Approval of Payments to ADF Cadets) 2022, which is superseded by this Notifiable Instrument. The Notifiable Instrument comes into effect immediately after the Defence (Payments to ADF Cadets) Determination 2023 or the date this instrument is signed, whichever is later (section 2). The approval of payment applications for cadet allowances is detailed in section 3, which specifies the Defence personnel authorised to approve claims based on the number of days claimed. For example, claims for 1 to 48 days are approved by the Director-General Australian Navy Cadets or a higher-ranking officer for Navy cadets, whereas for Army cadets, the approval must come from the Commander Australian Army Cadets or a Major or higher-ranking officer (section 3(a)). The obligations under the Notifiable Instrument require Defence personnel to adhere to the specified authority levels when approving payments for cadet allowances. These obligations are delineated by the number of days claimed and the respective cadet branch, with higher authority levels required for claims exceeding 150 days (section 3). Additionally, Defence is obligated to withhold taxes from payments made to officers of cadets and instructors of cadets in accordance with the Australian Taxation Office Ruling 1012746940276 (section 6(a)). Section 6 also sets out the daily payment amounts based on the tier of the cadet, ranging from $120 for Volunteer Trainees to $300 for Executive/Command (section 6(b)). Section 7 clarifies that ADF members participating in cadet activities are not entitled to payments unless they are accepted as officers of cadets or instructors of cadets and are participating in that capacity. Furthermore, members of the ADF Reserves who receive Reserve pay for cadet activities are also ineligible for additional payments under this determination (section 7). Section 9 provides that eligible officers of cadets or instructors of cadets in the ADF Cadets can receive payments for pre-approved travel and meal expenses at rates specified in Defence Determination 2016/19, Conditions of Service. In terms of consequences for breach, the Notifiable Instrument does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, failure to adhere to the specified approval processes and authority levels could potentially lead to administrative penalties or investigations under the Defence Act 1903. The maximum penalties for breaches of Defence-related legislation can vary but may include fines and other sanctions as prescribed by the applicable laws.

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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.