Defence Determination 2016/19 (Approved forms) Instrument 2022 (No. 1)
I, MICHAEL IAN McCULLOCH, Acting Assistant Secretary, People Policy and Employment Conditions, make the following notifiable instrument for the purpose of section 1.3.5A of Defence Determination 2016/19, Conditions of service.
Dated 10 May 2022
Michael Ian McCulloch
Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group
Contents
1 Name
2 Commencement
3 Revocation
4 Approved forms
1 Name
| This instrument is Defence Determination 2016/19 (Approved forms) Instrument 2022 (No. 1). |
2 Commencement
| This instrument commences on the day after registration. |
3 Revocation
| This Instrument revokes all previous instruments made under section 1.3.5A of Defence Determination 2016/19, Conditions of service. |
4 Approved forms
| For the purpose of section 1.3.5A of Defence Determination 2016/19, Conditions of service, as in force from time to time, the approved form for an action listed in column A in the following table is one of the following. |
| a. | The form in the Defence Personnel Management Key Solutions self-service system. |
| b. | If one of the following apply, the form prescribed in Column C. |
| | i. | There is no form in Defence Personnel Management Key Solutions self-service system for the benefit. |
| | ii. | The Defence Personnel Management Key Solutions self-service system is not available to the member. |
Item | Column A Action | Column B Related Section | Column C Form identifier |
1. | Apply for recognition of a dependant with special needs. | Section 1.3.84 | AC832 – Application for Recognition of Member with Dependant with Special Needs |
2. | Apply for recognition of a de facto relationship. | Section 1.3.89 | AF084 - Application for Recognition of a De Facto Relationship |
3. | Apply for Career Transition assistance. | Section 2.2.9 | AC853-3 – Defence Force Transition Program Application |
4. | Apply for health support allowance for providing capability at short notice. | Section 4.9.16 | AE729 – Health Support Allowance – Reserves AE585 – Reserve Health Declaration (RHD) AE585-1 – Reserve Health Declaration (RHD) General Practitioner (GP) Health Status Certification |
5. | Apply for health support allowance – members on Reserve service. | Section 4.9.17 | AE585 – Reserve Health Declaration (RHD) AE585-1 – Reserve Health Declaration (RHD) General Practitioner (GP) Health Status Certification |
6. | Notify absence from car parking location to cease contribution. | Section 4.11.2 | AE601 – Entitled Car Parking Contributions – Authorisation |
7. | Apply for absence or notify of non-effective service. | Sections: 5.3.3 5.4.39 5.5.7 5.5.9 5.7.4A 5.8.11 5.9.7 | AF088 – Application for Leave |
8. | Apply for a medical absence from duty. | Section 5.3.3 | PM101 – Medical or Dental Fitness Advice |
9. | Apply to purchase recreation leave. | Section 5.4.22 | AE428 – Request to Purchase Recreation Leave – ADF |
10. | Claim compensation resulting from cancellation or recall of leave. | Section 5.13.8 | AD388 – Application for Compensation Resulting from Cancellation or Recall from Leave |
11. | Apply for a payment for the costs of a house-hunting trip. | Section 7.1.21 | Defence Housing Australia – Request for a house hunting trip |
12. | Apply for: - Special needs pre-posting visit.
- Assistance with Respite, personal care, therapy services and equipment hire.
| Sections: 8.6.5 8.6.6 8.6.7 | AC834 – Application for Special Needs Pre-Posting Visit |
13. | Apply for assistance for expenses required for a dependant with special needs. | Sections: 8.6.6 8.6.7 | AC835 – Application for Assistance with Respite, Personal Care, Therapy Service or Equipment Hire |
14. | Apply for additional assistance to a member who has a dependant with special needs who has not been granted a removal to a new posting location. | Section 8.6.12 | AF098 – Application for Special Needs Assistance |
15. | Apply for a loan to help with establishment costs at a new posting location. | Section 14.2.7 | FD071 – Payment of Overseas Outlay Allowance |
Overview
The Defence Determination 2016/19 (Approved forms) Instrument 2022 (No. 1) was enacted to standardise and streamline the process of applying for various benefits and services within the Defence force by specifying approved forms. This notifiable instrument, dated 10 May 2022, was made by Michael Ian McCulloch, Acting Assistant Secretary of the People Policy and Employment Conditions within the Defence People Group. The objective of this instrument is to ensure consistency and efficiency in the application process by replacing all previous instruments under section 1.3.5A of Defence Determination 2016/19, Conditions of service. The approved forms listed in the instrument are intended to simplify the submission of applications for a range of services, including recognition of dependants with special needs, health support allowances, and assistance with relocation costs, among others.
Scope and Application
The Defence Determination 2016/19 (Approved forms) Instrument 2022 (No. 1) applies to Defence personnel, including both active and reserve members, as well as their dependants, within the Australian Defence Force (ADF). This instrument outlines the approved forms that Defence personnel must use when seeking various benefits and services related to their conditions of service, such as recognition of a dependant with special needs, applying for career transition assistance, and claiming compensation for the cancellation or recall of leave. The instrument is issued under the authority of the Defence Determination 2016/19, which governs the conditions of service for Defence personnel. The approved forms are specified for each action listed, and the instrument revokes all previous instruments made under the same section. The instrument's application is limited to Defence personnel and their dependants, with no broader jurisdictional reach. There are no exclusions or exemptions specified within the text of the instrument itself, though the application of the Defence Determination 2016/19 may be subject to other legislative provisions or Defence policy.
Key Provisions
The main operative sections of Defence Determination 2016/19 (Approved forms) Instrument 2022 (No. 1) are those that list the approved forms for various actions related to Defence service. Section 4 outlines the approved forms for actions such as applying for recognition of a dependant with special needs (Section 4(1)), applying for recognition of a de facto relationship (Section 4(2)), applying for Career Transition assistance (Section 4(3)), and applying for health support allowance for providing capability at short notice (Section 4(4)). Each action is linked to a specific section in Defence Determination 2016/19, and the corresponding form identifier is provided in Column C of the table. For instance, applying for recognition of a dependant with special needs is governed by Section 1.3.84, and the approved form is AC832 – Application for Recognition of Member with Dependant with Special Needs.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with ensuring that the correct forms are used for specific actions related to Defence service. Members of the Defence Force and Defence Civilian employees must use the approved forms as specified in the table. For example, if a member wishes to apply for recognition of a dependant with special needs, they must use the AC832 form. Failure to use the correct form may result in delays or the rejection of the application. The Act also mandates that all previous instruments under section 1.3.5A of Defence Determination 2016/19, Conditions of service, are revoked upon the commencement of this instrument.
Offences, penalties, or civil/criminal consequences for breach of this Act are not explicitly stated in the text. However, non-compliance with the requirements for using the correct forms could potentially lead to administrative issues, such as delays in processing applications or the rejection of claims. The Defence Force and Defence Civilian employees are expected to adhere to the approved forms as a means to ensure that their applications are processed efficiently and accurately. While specific penalties are not mentioned, the importance of compliance is underscored by the revocation of all previous instruments and the introduction of this updated list of approved forms.