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This determination repeals the Defence Determination 2016/43, Special benefit payment – amendment and remakes those rules in this determination with a revised transitional provision. This determination amends the Defence Determination 2016/19, Conditions of service to reflect recent changes to Defence legislation.
Administered by: Defence
Registered 02 Mar 2017
Tabling HistoryDate
Tabled HR20-Mar-2017
Tabled Senate20-Mar-2017

Defence Determination 2017/7, Special benefit payment – amendment

 

I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.

Dated 1 March 2017

 

 

 

L A ARNOLD

Acting Assistant Secretary
People Policy and Employment Conditions

Defence People Group

 

 

 

 





1
Citation

1.

This Determination is Defence Determination 2017/7, Special benefit payment – amendment.

2.

This Determination may also be cited as Defence Determination 2017/7.

2
Commencement

1.

Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 4 of this instrument

The day after this instrument is registered.

 

2. Schedule 1

19 December 2016

 

3. Schedule 2

19 December 2016

 

 

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

2.

Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3
Authority

 

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

4
Schedules

 

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

NOTE

1.

Defence Determination 2016/19 as amended to date. For previous amendments see Note to Defence Determination 2017/1 and amendments made by Defence Determination 2017/1, 2, 3, 4 and 5.

 

 


 

Schedule 1—Repeals

  

Defence Determination 2016/43, Special benefit payment – amendment

1
The whole of this Determination.

 

 

Repeal the Determination.

 


Schedule 2—Amendments to Defence Determination 2016/19

 

Part 1—Amendments

Defence Determination 2016/19, Conditions of service

1
Chapter 2 Part 3 Division 3 (Special benefit payment – management-initiated early retirement)

 

Repeal the Division, substitute:

Division 3: Special benefit payment

2.3.20   Purpose

1.

The purpose of this Division is to provide the payment of a special benefit to a member who is compulsorily transferred from the Permanent Force to the Reserves under section 16 of Defence Regulation 2016 for reasons of workforce planning in the Defence Force for the purpose of the Command Initiated Transfer to the Reserves (CITR) scheme.

2.

The payment is not a performance management tool.

2.3.21   Definitions

 

For the purpose of this Division, Defence Regulation means the Defence Regulation 2016, as in force from time to time.

2.3.22   Member eligible for a special benefit  

1.

A member of the Permanent Forces is eligible for payment of a special benefit if they meet all of the following conditions.

 

a.

The member has completed at least two years service at their current rank.

 

b.

The member has at least 12 months of service remaining before the day on which their period of service is expected to end.

 

 

Note: The day the member’s period of service ends is the earlier of the following days.

 

i.

The day the member reaches retirement age.

 

ii.

The last day of the member's fixed period of service.

 

c.

The member has been identified for a command-initiated transfer to the Reserves for the purpose of Part 10, Chapter 7 of the Military Personnel Policy Manual, as published on 19 December 2016.

 

d.

The CDF has decided under section 16 of the Defence Regulation to transfer the member from the Permanent Forces to the Reserves in the interest of the Defence Force for workforce planning reasons.

 

e.

The member is transferred to the Reserves within 30 days of the member being notified of the CDF's decision under section 16 of the Defence Regulation being made.

2.

A member is not eligible for a payment if any of the following circumstances apply.

 

a.

The member is subject to an investigation for unacceptable behaviour.

 

b.

The member is subject to disciplinary action.

 

c.

The member is the subject of a notice to show cause for an administrative sanction (including a notice of a positive test result under section 100 of the Defence Act, as in force from time to time).

 

d.

An administrative sanction has been imposed on the member within the previous 12 months.

2.3.23   Amount of special benefit

1.

An eligible member may be paid the lesser of the following.

 

a.

The sum described in items 1 and 2 of the following table less the amounts described in item 3.

 

Item

Description

Amount

1.

ADF service, including earlier periods of ADF service.

The sum of the following amounts.

a.

A fortnight’s salary for each completed year of continuous full-time service in the ADF.

b.

A pro rata payment for each part year of continuous full-time service completed in the ADF.

2.

Prior non-ADF service recognised for long service leave.

See: Chapter 5 Part 5, Long service leave, for a definition of this service.

The sum of the following amounts.

a.

A fortnight’s salary for each completed year of prior service that is recognised for long service leave.

b.

A pro rata payment for each part year of prior service completed that is recognised for long service leave.

3.

Prior payments for redundancy or retirement.

Any payments made by the Commonwealth or any employer of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.

 

 

b.

48 weeks salary.

2.

In this section, salary includes Service allowance as provided under Defence Force Remuneration Tribunal Determination No. 11 of 2013, as in force from time to time.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.2, published at Chapter 4 Part 2 Part B Division B.2, Service allowance.

2.3.25   Repayment of special benefit

 

The member must repay to the Commonwealth any amount paid under this Division, if they begin a period of continuous full-time service (as a member of the Reserves or Permanent Forces) within one year of receiving a payment under this Division.


Part 2—Transitional provisions

  

1
Processes begun under Defence (Personnel) Regulation 2002

1.

In this section Principal Determination means one of the following Determinations.

 

a.

Defence Determination 2005/15, Conditions of Service, as in force on 30 June 2016. 

 

b.

Defence Determination 2016/19, Conditions of service, as in force on 30 September 2016.

 

Note: Defence Determination 2005/15 was repealed by Defence Determination 2016/19.

2.

If a member received a preliminary notice for special benefit under Chapter 8 Part 3 of the Defence (Personnel) Regulations 2002 prior to its repeal and subsequently received an offer of special benefit under that part of the Regulations the rules that would have applied to the member under the Principal Determination had it not been repealed continue to apply.

 

Note: Section 85 of the Defence Regulations sets out transitional provisions in relation to an application made, or a process begun under the Defence (Personnel) Regulations 2002.