Defence Determination 2016/19 (Approved forms) Instrument 2023 (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 13 January 2023
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 2023 (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 Trainee’s Dependant Allowance. | Section 4.8.6A | AD298 – Trainee’s Dependant Allowance |
5. | 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 |
6. | 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 |
7. | Notify absence from car parking location to cease contribution. | Section 4.11.2 | AE601 – Entitled Car Parking Contributions – Authorisation |
8. | 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 |
9. | Apply for a medical absence from duty. | Section 5.3.3 | AF088 – Application for Leave |
10. | Apply to purchase recreation leave. | Section 5.4.22 | AF145 – Request to purchase Annual Leave(APS/ASD) or Recreational Leave (ADF) |
11. | Claim compensation resulting from cancellation or recall of leave. | Section 5.13.8 | AD388 – Application for Compensation Resulting from Cancellation or Recall from Leave |
12. | 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 |
13. | Apply for education assistance to provide the student with limited interim assistance to help avoid or overcome any immediate difficulties with the child’s education and emotional well‑being as a direct result of a posting. | Section 8.4.9 | AD301 – Education Assistance for Dependants – School Students at the Gaining Location |
14. | Apply for assistance for expenses required for a dependant with special needs. - 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 | AF098 – Application for Special Needs Assistance |
15. | 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 |
16. | Apply for a loan to help with establishment costs at a new posting location. | Section 14.2.7 | FD071 – Payment of Overseas Outlay Advance |
Overview
The Defence Determination 2016/19 (Approved forms) Instrument 2023 (No. 1) was enacted to standardise and streamline the forms used by Defence personnel for various applications and notifications as outlined in the Defence Determination 2016/19, Conditions of service. This instrument was introduced to address the need for consistency and efficiency in processing applications related to various Defence personnel benefits, such as leave, allowances, and assistance for dependants with special needs. The enactment of this instrument aims to ensure that all forms used are approved and aligned with the current Defence Determination, thereby facilitating smoother administrative processes for Defence personnel. It was made by Michael Ian McCulloch, Acting Assistant Secretary, People Policy and Employment Conditions, and its policy objective is to improve the effectiveness and efficiency of Defence personnel management by providing clear and approved forms for various applications.
Scope and Application
The Defence Determination 2016/19 (Approved forms) Instrument 2023 (No. 1) specifies the approved forms that Defence personnel must use for various actions related to their conditions of service. This instrument applies to Defence members, including those in the Australian Defence Force (ADF) and Australian Public Service (APS) employees within the Defence People Group. The approved forms listed in the instrument are mandatory for actions such as applying for recognition of a dependant with special needs, applying for career transition assistance, and applying for compensation resulting from the cancellation or recall of leave. The instrument has a national reach within the Commonwealth jurisdiction, affecting Defence members across Australia. The instrument does not specify any exclusions, exemptions, or thresholds but extends its application through the prescribed forms, ensuring uniformity and compliance in administrative processes within the Defence sector.
Key Provisions
The main operative sections of the Defence Determination 2016/19 (Approved forms) Instrument 2023 (No. 1) (the Instrument) are the provisions under section 4, which specify the approved forms for various actions related to Defence personnel. These forms are critical for processes such as applying for recognition of a dependant with special needs, applying for career transition assistance, and claiming compensation resulting from the cancellation or recall of leave. Each form is linked to a specific section of Defence Determination 2016/19, Conditions of service, ensuring that the correct procedural steps are followed for each type of application or notification.
The Instrument imposes obligations on Defence personnel to use the specified approved forms for their respective applications. This requirement ensures uniformity and efficiency in processing various administrative actions within the Defence force. Personnel must ensure they use the correct form as outlined in the Instrument to avoid any procedural delays or rejections. For example, when applying for recognition of a de facto relationship, the prescribed form is AF084 – Application for Recognition of a De Facto Relationship. Failure to use the approved forms can result in the application being deemed invalid, thereby impacting the timely processing of their requests.
Breaching the requirements of this Instrument can lead to civil or administrative consequences. Although the Instrument does not explicitly detail specific penalties for non-compliance, Defence personnel who fail to adhere to the prescribed forms and procedures may face delays or rejections in their applications. This can affect their entitlements and the timely resolution of their administrative needs. Moreover, persistent non-compliance could potentially lead to disciplinary actions as outlined in the Defence Force Discipline Regulations.
The maximum penalties for non-compliance are not explicitly stated in the Instrument itself, but it is understood that any failure to comply with Defence administrative procedures could result in administrative consequences, including delays in processing benefits or applications. In more severe cases, persistent non-compliance may lead to disciplinary measures as per the Defence Force Discipline Regulations, which could include fines, reprimands, or other punitive actions as deemed appropriate by the Defence authorities.