Federal Register of Legislation - Australian Government

Primary content

Defence Determination 2016/19, Conditions of service

Authoritative Version
  • - F2018C00079
  • In force - Superseded Version
  • View Series
Determinations/Other as amended, taking into account amendments up to Defence Determination (Short-term overseas duty travel and benchmark schools) 2018 (No. 2)
This determination sets out the provisions on ADF conditions of service. It provides a scheme of transitional and savings provisions that will preserve accrued rights and liabilities under the former Principal Determination. The provisions also allow for eligibility that started under the former Principal Determination to continue, where applicable, under the new Principal Determination. It removes provisions relating to Australian Defence Force Cadets inline with the amendment to the Defence Act 1903 made by the Defence Legislation Amendment (First Principles) Act 2015 to commence on 1 July 2016.
Administered by: Defence
Registered 29 Jan 2018
Start Date 25 Jan 2018
End Date 07 Feb 2018
Table of contents.

Commonwealth Coat of Arms

Defence Determination 2016/19, Conditions of service

made under section 58B of the Defence Act 1903

Compilation No. 36

Compilation date:                              25 January 2018

Includes amendments up to:            Defence Determination 2018/2

 

This compilation is in 4 volumes

Volume 1                    Chapter 1 – Chapter 5

Volume 2                    Chapter 6 – Chapter 11

Volume 3                    Chapter 12 – Chapter 17

Volume 4                    Endnotes

 

 

 

About this compilation

This compilation

This is a compilation of Defence Determination 2016/19, Conditions of service, that shows the text of the law as amended and in force on 25/01/2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 


Chapter 1: Introduction (Required reading)

1.1.1    Overview

 

This section is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the aims of Chapter 1.

1.1.2    Contents

 

This Chapter contains the following Parts.

 

Part 1

About this Manual

 

Part 2

The Defence Determination on conditions of service

 

Part 3

Definitions

 

Part 4

Equivalent ranks and classifications

 

Part 5

Member's rights and obligations

 

Part 6

Payment of benefits in special circumstances

 


Part 1: About this Manual

1.1.3   Abbreviations

 

This table spells out abbreviations used in Chapters 1 to 17.

 

Abbreviation

Meaning

ADF

Australian Defence Force

APS

Australian Public Service

ATM

Automatic teller machine

CDF

Chief of the Defence Force

CTAS

Career Transition Assistance Scheme

...

...

DFRDB Act

The Defence Force Retirement and Death Benefits Act 1973

DFRT

Defence Force Remuneration Tribunal

DHA

Defence Housing Australia

GST

Goods and Services Tax

HPAS

Home purchase assistance scheme

HPSEA

Home purchase or sale expenses allowance

kg

kilogram

km

kilometre

MSBS

Military Superannuation and Benefits Scheme

NATO

North Atlantic Treaty Organisation

UK

United Kingdom

UN

United Nations

US or USA

United States of America

VCDF

Vice Chief of the Defence Force


Part 2: The Defence Determination on conditions of service

1.2.1    Defence Determination 2016/19 – general

1.

Defence Determination 2016/19, Conditions of service, is the main Determination authorising ADF conditions of service within Australia and overseas. It deals with a wide range of ADF conditions of service.

Examples: Leave, location allowances, reimbursement to members of Service-related expenses.

2.

This Determination commences on 1 July 2016.

1.2.2   Members Chapters 1 to 17 apply to

1.

Chapter 1 (other than Part 3 Division 2) applies in relation to all ADF members, including members of the Reserves on Reserve service. Chapter 1 Part 3 Division 2 applies only to members on continuous full-time service, unless expressly stated otherwise.

2.

Chapters 2 to 17 apply only in relation to members on continuous full-time service. This is unless an express intention to deal with another class of person is clear.

Example 1: A member of the Reserves on Reserve service is not eligible for housing assistance under Chapter 7. There is no express intention in that Chapter to apply housing assistance to members other than those on continuous full-time service. Some benefits in this Determination may be provided to the family members of a member.

Example 2: A member of the Reserves on Reserve service is eligible for the payment of costs for travel on Defence business. Section 9.5.14 states that this benefit applies to these members.

Example 3: Some removal and housing benefits are provided for dependants under Chapters 6 and 7 after the death of a member, or under Chapter 8 for the breakdown of their marriage or relationship. The provisions make it clear that the dependants have these benefits.

3.

The following classes of members are on continuous full-time service for the purposes of this Determination.

 

a.

A member of the Permanent Forces.

 

b.

A member of the Reserves on continuous full-time service.

4.

A member of the Reserves on Reserve service is not on continuous full-time service.

See: The descriptions of continuous full-time service and Reserve service in Part 3 Division 1.

1.2.3    Other people this Determination may apply to

 

Some benefits in this Determination may be provided to the family members of a member.

 

Example: Some removal and housing benefits are provided for dependants under Chapters 6 and 7 after the death of a member, or under Chapter 8 for the breakdown of their marriage. The provisions make it clear that the dependants have these benefits.


1.2.4    Meaning of words and phrases

1.

Part 3 of this Chapter defines terms used in Chapters 1 to 17. The definition applies to each use of the term throughout the Chapters, unless it is made clear otherwise.

2.

To avoid doubt, definitions in Part 3 may apply in relation to a Reserve service member if necessary to determine their eligibility for a benefit.

Note: If an allowance is not normally payable to a member on Reserve service, then the definitions cannot be used to create that eligibility.

Example: An allowance is available to Reserve service members. The allowance rules use a term that is defined in Part 3. That definition applies to Reserve service members to assist in the interpretation of the allowance rules and assess a member's eligibility.

Non-examples:

 

1.

Recreation leave only applies to members on continuous full-time service and uses terms defined in Part 3. This rule does not operate to make recreation leave apply to members on Reserve service.

 

2.

Housing assistance is based on a posting location that is a term defined in Part 3. The housing rules do not apply to Reserve service members. Members cannot use the posting location definition to create a housing benefit for themselves.

 

See: Part 3, Definitions

1.2.5    Forms

1.

The Assistant Secretary People Policy and Employment Conditions may approve a form that is to be used by an applicant for a benefit under this Determination.

2.

To remove doubt, forms included in this Determination are approved forms for the purposes of subsection 1.

1.2.5A  References to rules in other instruments

1.

This Determination may make reference to rules in other instruments. Subsection 2 applies to any of the following instruments.

 

a.

Acts of parliament.

 

b.

Provisions of legislative instruments covered by subsection 14(3) of the Legislation Act 2003.

 

c.

Determinations of the Defence Force Remuneration Tribunal made under section 58H of the Defence Act 1903.

Note: Subsection 58B(1A) of the Defence Act 1903 provides that paragraph 14(1)(a) of the Legislation Act 2003 applies to these determinations. This means the provisions may be referenced as they were in force on a particular date or from time to time.


 

2.

Both the following apply to instruments listed in subsection 1.

 

a.

Where a date is specified, the reference is to the rules that were in force on that date.

 

b.

Where no date is specified, the reference is to the rules that are in force from time to time.


Part 3: Definitions

1.3.1    Overview

1.

This Part defines terms and explains concepts used in Chapters 1 to 17.

2.

The terms defined in this Part apply to more than one Chapter. Terms with a special definition used only in particular areas are defined in that area.

3.

Special definitions about dependants are in Division 2 of this Part.

4.

Special definitions about overseas conditions of service are in Chapter 12 Part 3.

5.

The Acts Interpretation Act 1901 and the Defence Act 1903 contain definitions of other terms that may apply.

Example 1: The Defence Act 1903 defines member, officer, remuneration, the Permanent Forces and the Reserves.

Example 2: The Acts Interpretation Act 1901 specifies how to work out periods of time and defines some commonly used words, including Australia, month, calendar year, financial year, the Commonwealth.

6.

Time is expressed using a 24-hour clock system.

Note: Definitions in this Part may apply to Reserve service members. For further information see section 1.2.4.

See: Part 2 section 1.2.4, Meaning of words and phrases

1.3.2    Contents

 

This Part includes the following Divisions:

 

Division 1

Definitions – general

 

Division 2

Dependants and categorisation

 


Division 1: Definitions – general

 

FOR DEFINITIONS RELATING TO DEPENDANTS, SEE CHAPTER 1 PART 3 DIVISION 2

 

WARNING – DIFFERENT DEFINITIONS FOR OVERSEAS CONDITIONS OF SERVICE

The following terms are defined differently for overseas conditions of service:

     long-term posting

     posting location

     posting period

     short-term duty

Those definitions are in Chapter 12.

See: Chapter 12 Part 3, Definitions for Chapters 12 to 17.

1.3.3   Purpose

 

This Division defines general terms and explains important concepts used in Chapters 1 to 17.

See: Division 2 for definitions and interpretations related to dependants.

1.3.4    Act

 

Act means the Defence Act 1903.

1.3.5    Allowance

 

Includes an allowance made under section 58B or section 58H of the Defence Act 1903, unless expressly stated otherwise.

1.3.6    Baggage

1.

For service within Australia – baggage means personal possessions that meet either of these conditions.

 

a.

They accompany the member by public transport.

 

b.

They are sent by public transport unaccompanied.

2.

For a removal, baggage includes parts of a person’s furniture and effects that they choose not to be carried by a contracted removalist.

1.3.7   ...
1.3.8   Calendar month

 

Calendar month has the same meaning as in section 2B of the Acts Interpretation Act 1901.


1.3.9   Capital city

 

Capital city means Canberra, Darwin or the metropolitan area of the capital city of a State.

1.3.10   CDF

 

CDF means the Chief of the Defence Force. This includes a reference to another person that the CDF authorises to act on their behalf.

1.3.11   Commonwealth

 

Commonwealth includes a body corporate incorporated for a public purpose by or under a law of the Commonwealth or of a Territory. Commonwealth excludes an incorporated company, society or association.

See: Section 17 of the Acts Interpretation Act 1901

1.3.12   Commonwealth removalist

 

Commonwealth removalist means Toll Transitions Pty Ltd, its subcontractors, agents or employees who provide removal services under a contract with the Commonwealth.

1.3.13   Compulsory residency

 

Compulsory residency means training in a hospital undertaken by a medical officer as a condition of entry into the medical profession. It does not matter whether or not the medical officer lives in accommodation provided by the hospital.

1.3.14   Compulsory retirement age

 

Compulsory retirement age means a member's compulsory retirement age under the Defence (Personnel) Regulations 2002.


1.3.15   Continuous full-time service

1.

Continuous full-time service excludes Reserve service. Members on continuous full-time service are paid an annual rate of salary under DFRT Determination No. 2 of 2017, Salaries. If eligible, they are entitled to the conditions of service under Chapters 2 to 17.

2.

This concept applies to the service performed by these two groups of members.

 

a.

Members of the Permanent Forces.

 

b.

Members of the Reserves who are required to perform a period of continuous full-time service with the Permanent Forces.

See also: Section 1.3.67, Reserve service

 

Example: A member joined the Navy in 2000 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2010 to 2014. The member is then called out for continuous full-time service for all of 2015.

 

Item

During the period...

the member was on...

1.

2000 to 2009

continuous full-time service.

2.

2010 to 2014

Reserve service.

3.

2015

continuous full-time service.

 

 

Note: 'Ceasing continuous full-time service' includes all forms of termination or transfer of service. This includes on retirement, retrenchment, and on completing a period of engagement.

1.3.16   Daily rate

1.

The daily rate of any annual rate means the relevant calculation set out at section 3.2.7.

See: Chapter 3 Part 2 Division 1 section 3.2.7, Administration of salary and allowances

2.

If a member is eligible for a daily rate of an allowance determined by the Defence Force Remuneration Tribunal, the rate is listed in the relevant determination.

See: DFRT Determination No. 11 of 2013, ADF Allowances, section A.1.7, Payment arrangements

1.3.17   Dentist

 

Dentist means a dental practitioner registered under the law of a State or Territory. It includes an ADF dental officer.

1.3.18   Deployment

 

Deployment means warlike or non-warlike service overseas by members assigned for duty with a UN mission or a similar force.


1.3.19   Doctor

 

Doctor means a medical practitioner registered under the law of a State or Territory. It includes an ADF medical officer.

1.3.20   Dual entitlement

 

See: Part 6 section 1.6.1, Dual entitlement – member's adult dependant is also a member.

1.3.21   Effective date of posting

 

Effective date of posting means whichever is the later of these dates.

 

a.

The date in the member's posting order.

 

b.

The date the member starts duty at their new posting location.

 

See also:
Section 1.3.57, Posting period – within Australia
Chapter 12 Part 3 section 12.3.16, Posting period overseas

1.3.22   Employment

 

Employment includes full-time or part-time work. It does not include voluntary work.

1.3.23   Engine capacity – rotary engine

1.

The capacity of a rotary engine is the displacement of the engine according to the specifications of the engine issued by the manufacturer of the vehicle.

2.

The manufacturer of a rotary engine-driven vehicle may not state the displacement of the engine in the specifications. They may state the displacement of the rotor or rotors comprising the engine instead. In this case, the capacity of the engine is taken to be either of these figures.

 

a.

The displacement of the rotor that makes up the engine.

 

b.

The sum of the displacements of the rotors that make up the engine.

1.3.24   Equivalent rank

 

See: Chapter 1 Part 4.

 

1.3.24A  Flexible service determination

1.

A flexible service determination is a determination made under subsection 23(2) of the Defence Act 1903.

2.

Patterns of service under a flexible service determination can fall into two categories.

 

a.

Hours or days in a fortnight. This is known as a flexible service determination (days per fortnight pattern of service).

 

b.

Weeks in a month. This is known as a flexible service determination (weeks per month pattern of service).

1.3.25   Fortnightly rate

 

The fortnightly rate of any annual rate means the calculation set out at subsection 3.2.7.1 as adjusted by subsection 3.2.7.5.

See: Chapter 3 Part 2 Division 1 section 3.2.7, Administration of salary and allowances

1.3.26   Gaining location

 

Gaining location means the posting location to which a member is posted in their posting authority.

1.3.27   Health professional

 

For the purpose of a medical absence, a health professional means:

 

a.

A registered medical or dental practitioner who provides services as a Defence member, Australian Public Service employee or otherwise under an agreement in place with Defence.

 

b.

A registered medical practitioner.

 

c.

Any of the following persons who are competent, credentialed and authorised by Surgeon General Australian Defence Force to perform an extended role.

 

i.

A Nursing Officer.

 

ii.

A Nurse Practitioner.

 

iii.

An Advanced Medical Assistant (AMA) or Advanced Medical Technician (AMT).

 

iv.

A Clinical Manager (CM).

 

1.3.28   Home port – for a member

1.

This table lists the home port for different members.

 

Item

If the member was recruited in...

and the member is in the...

the member's home port is...

1.

South Australia

Navy

Adelaide.

Army, posted to a seagoing ship

2.

Queensland

Navy

Brisbane, Cairns or Townsville.

Army, posted to a seagoing ship

Brisbane or Townsville.

3.

New South Wales

Navy

Sydney or Nowra.

Army, posted to a seagoing ship

Sydney.

4.

Victoria

Navy

Melbourne.

Army, posted to a seagoing ship

5.

Tasmania

Navy

Hobart.

Army, posted to a seagoing ship

6.

Western Australia

Navy

Fremantle.

Army, posted to a seagoing ship

Perth.

7.

Northern Territory

Navy

Darwin.

Army, posted to a seagoing ship

8.

Australian Capital Territory

Navy

Canberra.

Army, posted to a seagoing ship

 

2.

If there is more than one option that could apply to a member in the table in subsection 1, the CDF may decide which of the options will apply. The CDF must have regard to both these criteria.

 

a.

Where the member was enlisted or appointed.

 

b.

The efficient operation of Defence.


 

3.

A member may apply to have a location listed in this table approved as their home port.

 

Item

If the member is…

then the locations that may be selected are…

1.

a member of the Navy

Adelaide

Brisbane

Cairns

Canberra

Darwin

Fremantle

Hobart

Melbourne

Nowra

Sydney

Townsville

2.

a member of the Army posted to a seagoing ship

Adelaide

Brisbane

Canberra

Darwin

Hobart

Melbourne

Perth

Sydney

Townsville

 

4.

The CDF may approve the application. The CDF must consider all of these criteria.

 

a.

Where the member was enlisted or appointed.

 

b.

The member's needs.

 

c.

The efficient operation of Defence.

1.3.29   Home port – for a ship

 

For a seagoing ship, home port means the port from which the ship regularly operates for a period of more than one year.

1.3.30   Leave year

 

Leave year means a year beginning on 1 July.

1.3.31   Legal officer

 

Legal officer means an officer who is, or is eligible to be, admitted as a barrister or solicitor of the High Court or the Supreme Court of a State or Territory. This does not include an officer who is a Judge of the Federal Court or a Judge of a court of a State or Territory.

1.3.32   Living in

 

Living in means occupying living-in accommodation.

 

1.3.33   Living-in accommodation

 

Living-in accommodation means either of these forms of accommodation.

 

a.

A barracks or similar kind of residential accommodation that meets both these conditions.

 

i.

It is owned or controlled by the Commonwealth.

 

ii.

It is provided primarily for the use of members without dependants.

 

b.

Accommodation like that described in paragraph a. that a foreign government or other organisation provides for members without dependants.

1.3.34   Living out

 

Living out means not living in.

See: Section 1.3.32, Living in

1.3.35   Location of residence – within Australia

 

For service within Australia, location of residence means an area surrounding a member's residence. It is the area defined by the distance the member can travel from their residence and back, door to door. The distance is the greater of these two distances.

 

a.

How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport.

 

b.

30 km each way by public road.

 

See also: Section 1.3.55, Posting location – within Australia

1.3.36   Long-term posting

1.

Within Australia – long-term posting means a period of duty that the member's Service has directed to be for more than six months.

2.

For duty overseas – see Chapter 12 Part 3 section 12.3.9, Long-term posting overseas.

 

1.3.37   Losing location

 

This table defines losing location for a member granted a removal.

 

Item

If the member is…

then their losing location is
the location in Australia…

1.

a member with dependants on their first removal after joining or rejoining the Permanent Forces

of the current or last permanent home of their dependants when they joined or rejoined.

2.

any other member with dependants

to which they were last granted a removal for their dependants.

3.

a member with dependants (unaccompanied)

4.

a member without dependants

to which they were last granted a removal.

1.3.38   Meal costs

1.

Meal costs include compulsory service charges and taxes, such as goods and services tax (GST).

2.

Meal costs exclude these items.

 

a.

Voluntary tips.

 

b.

The cost of alcoholic drinks.

1.3.39   Meal period

 

Meal period means one hour beginning at these times.

 

a.

0700 hours for breakfast.

 

b.

1300 hours for lunch.

 

c.

1900 hours for dinner.

1.3.40   Medical absence

 

Medical absence is the term used to describe the period for which a member is granted leave to be absent from duty for health reasons.

Related Information: Chapter 5 Part 3, Medical absence from duty


1.3.41   Member

 

Member has the same meaning as in sections 4 and 58A of the Defence Act 1903.

Section 4 of the Act: ' Member includes any officer, sailor, soldier and airman.'

Section 58A of the Act: 'Member includes a person who has ceased to be a member, whether by reason of death or otherwise.'

 

See also:

 

a.

Part 2 section 1.2.2. This section restricts the application of Chapters 1 to 17 to existing ADF members on continuous full-time service. This is unless a provision makes it clear that the provision applies to members on Reserve service, or former members.

 

b.

The definitions of continuous full-time service and Reserve service in this Part.

1.3.42   ...
1.3.43   Member undergoing recategorisation training

 

Member undergoing recategorisation training means a member who is in the following circumstances.

 

a.

The member commences training in a capacity listed in Schedule B.13 to DFRT Determination No. 2 of 2017, Salaries.

 

i.

For members of the Permanent Forces and members of the Reserves on continuous full-time service — Part 1 of Schedule B.13.

 

ii.

For members on Reserve service — Part 2 of Schedule B.13.

 

b.

Immediately before the start of the training, salary was payable to the member under a schedule to DFRT Determination No. 2 of 2017, Salaries, other than Schedule B.13.

 

Note 1: These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 section 3.2.25.

 

Note 2: This definition does not apply to new entrants to the ADF who have only ever been on a trainee rate of salary under Schedule B.13.

See:
Section 1.3.75, Trainee
Chapter 3 Part 1 Schedule B.13, Trainee salary rates
Chapter 3 Part 2 Division 2 section 3.2.25, Salary – member undergoing recategorisation training

1.3.44   Month

 

See: Section 1.3.8, Calendar month

 

1.3.45   Non-warlike service

 

Non-warlike service means both these kinds of service for the purposes of the Veterans’ Entitlements Act 1986.

 

a.

Service with a peacekeeping force for the purposes of Part IV.

 

b.

Hazardous service for the purposes of section 120.

1.3.45A  Nonworking period

 

A nonworking period for a member on a flexible service determination (weeks per month pattern of service) is the period that is not the member's pattern of service. This is the period when the member is on leave without pay (flexible service determination).

 

See: Chapter 5 Part 10 Division 1 section 5.10.5A, Leave without pay (flexible Determination)

1.3.46   Normal departmental liability

 

See: Chapter 9 Part 1 section 9.1.7.

1.3.47   Normal working hours

1.

There are no minimum prescribed working hours for the ADF. Members on continuous
full-time service are paid on a 24-hour day, seven-day week basis.

2.

There is no such thing as payment for overtime. However, commanders set a normal working day taking account of normal community standards, operational requirements and occupational health and safety factors.

3.

For a member on a flexible service determination, the normal working hours are stated in the determination.

1.3.48   Operational area

 

For a deployment, operational area means the specified area for a deployment in section 17.7.6.

See: Chapter 17 Part 7 Division 1 section 17.7.6, Rate of allowance

1.3.49   Own home

 

Own home is defined in Chapter 7.

See: Chapter 7

Part 2, Suitable own home
Part 1 Division 3, Definitions and key concepts.

 

1.3.50   Paid leave

 

Paid leave means a period of leave when a member is entitled to salary.

1.3.50A  Pattern of service

 

Pattern of service means the hours of duty or the periods of duty prescribed under a flexible service determination.

1.3.51   Pay grade

 

Pay grade means the pay grade for a member under DFRT Determination No. 2 of 2017, Salaries.

1.3.52   Pay to the Commonwealth

 

Pay to the Commonwealth means a member's obligation to pay (or repay) money to the Commonwealth. This is if the member incurs a debt or liability to the Commonwealth.

Example 1: The member has been overpaid a benefit.

Example 2: The member is liable to contribute money towards the cost of a particular conditions of service benefit that the Commonwealth provides to them.

1.3.53   Period of prospective service

 

Period of prospective service has the same meaning as in Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by Schedule 4 of the Defence Legislation Amendment Act (No. 1) 2005.

1.3.54   Personal location

1.

A personal location is a location in which the member's dependants choose to live.

Exception: The location where the member lives cannot be a personal location.

2.

Not all situations where dependants live in a personal location attract the same benefits.

 

 

a.

A benefit may be made available to a member on compassionate grounds. If the member satisfies any eligibility requirements for that benefit and the member's dependants live in a personal location, that personal location is known as a personal location where benefits are provided

 

 

 

Example: A member's dependants need to live near a children's hospital while the member's child undergoes chemotherapy. The member meets the compassionate test for every benefit that can apply and lives in a personal location where benefits are provided.

 

 

b.

A benefit may be expressed as not applying in relation to a member with dependants in a personal location. The member and dependants are not eligible for that benefit.

 


 

3.

A personal location may be inside or outside of Australia. A personal location outside of Australia attracts a more limited level of benefits.

 

Related Information: Chapter 8 Part 3, Member with dependants (unaccompanied) summary has more information about removal and housing for members in different situations.

1.3.55   Posting location – within Australia

1.

For service within Australia, posting location means an area surrounding a member's normal place of duty. It must be one of these areas.

 

a.

An area defined by the distance the member can travel from their usual residence to their normal place of duty and back, door to door. The distance is the greater of these two distances.

 

i.

How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport available during their normal hours of duty.

 

ii.

30 km each way on the most direct route by public road.

 

 

Notes:
1. This may not necessarily be the quickest route to travel.
2. This subparagraph displaces the general principle in section 35 of the Acts Interpretation Act 1901.

 

b.

An area greater than the area described in paragraph a. that the member proposes and the CDF approves. Approval may only be given if the CDF is satisfied that both these criteria are met.

 

i.

The member’s daily attendance for duty would not be affected by any additional travelling time.

 

ii.

The member commutes daily to their normal place of duty.

 

c.

Any greater area in which a Service residence is located, if the Service residence is made available for members serving at the member's normal place of duty. 

2.

This subsection applies to a member with dependants (unaccompanied) or a member who is posted to a seagoing ship. Their posting location includes a location that their dependants live in.

 

See also: Section 1.3.35, Location of residence – within Australia

 

Related Information:

While this definition sets the posting location for most benefits, some members may get benefits based on other locations.

See: Chapter 7 Part 1 Division 3 section 7.1.15, Posting location

3.

The CDF may approve an area greater than the area described in paragraph 1.a for a member if both of the following criteria are met.

 

a.

The member is posted to the Puckapunyal Military Area.

 

b.

The member is participating in the Puckapunyal housing trial.

 

See: Chapter 7 Part 1 Division 3 section 7.1.16A, Puckapunyal housing trial member


 

4.

When making a decision under subsection 3 the CDF must be satisfied the following criteria are met.

 

a.

The member's daily attendance for duty would not be affected by any additional travel.

 

b.

The member commutes daily to their normal place of duty.

 

c.

The extended posting location is for one of the following reasons.

 

i.

The extended posting location is necessary for the member's spouse or partner to undertake specified employment.

Note: Employment does not include home based employment.

 

ii.

The extended posting location is necessary for the member's spouse or partner to undertake a specified period of study.

Note: Study is for face-to-face study.

 

iii.

The extended posting location is necessary to access professional services for dependants with special needs.

 

d.

The member has provided written evidence of the reason under paragraph c.

1.3.56   Posting location – overseas

 

See: Chapter 12 Part 3 section 12.3.15, Posting location.

1.3.57   Posting period – within Australia

1.

For service within Australia, a member's posting period starts on the day they begin duty at a posting location and ends on the day they finish duty there. This is subject to subsections 2 to 6.

2.

The posting period starts on the day the member arrives at the location if they arrive on any of these days.

 

a.

A Saturday, Sunday or public holiday immediately before the day they begin duty.

 

b.

A day during a period of paid leave immediately before the day they begin duty.

 

c.

The day they are granted a removal to the location, or any later day.

3.

The member’s dependants may be granted a removal to the posting location and arrive there before the member. In this case, the posting period starts on the day the dependants arrive.

4.

The posting period ends on the day the member leaves the location, if they leave on any of these days.

 

a.

A Saturday, Sunday or public holiday immediately before the day they finish duty.

 

b.

A day during a period of paid leave immediately before the day they finish duty.

 

c.

The day they are granted a removal from the location, or any later day.

5.

The member’s dependants may be granted a removal from the posting location and depart after the member. In this case, the posting period ends on the day the dependants depart.

6.

The CDF may decide it is reasonable for a member's posting period to start on an earlier day or end on a later day. The CDF must consider all these criteria.

 

a.

The circumstances of the member’s removal to or from the location.

 

b.

The number, age, gender and circumstances of the member’s dependants.

 

c.

The availability of rental accommodation at the location.

 

d.

Any other factor relevant to the posting.

 

Note: Other Chapters have specific provisions about when particular benefits start and stop. These provisions override this definition for those benefits.

Examples: Maritime disability allowance, ADF district allowance and housing assistance.

1.3.58   Posting period overseas

 

See: Chapter 12 Part 3 section 12.3.16, Posting period overseas.

1.3.59   Private Proficient

 

Private Proficient is not a formal ADF rank. It is a salary proficiency point.

See: Chapter 3 Part 2 Division 3 section 3.2.37, Salary – Private Proficient

1.3.60   Private vehicle

 

Private vehicle means a motor vehicle that is registered in the name of the member or their dependant.

Examples: Cars, trucks, motor cycles (and sidecar), motor scooters.

Non-examples: Recreational or hobby vehicles that cannot be registered.

1.3.61   Public holiday

 

Public holiday means a day, or part of a day, that a member is eligible to take as a public holiday.

See:
Chapter 5 Part 12, Public holidays – Australia
Chapter 15 Part 1 section 15.1.4, Public holidays overseas

1.3.62   Public transport

 

Public transport means transport available to the public by regular services over fixed routes.

 

1.3.63   Rank

1.

Rank includes both these meanings.

 

a.

Equivalent rank under Part 4.

 

b.

Substantive, acting (paid), temporary, provisional and probationary rank.

2.

Rank does not include either of these meanings.

 

a.

Unpaid acting rank.

 

b.

Honorary rank.

1.3.64   Refitting port

 

Refitting port means the port where a ship refits, if this is different from the ship’s home port, section 1.3.29.

1.3.65   Remote location

 

Remote location means a location listed in Annex 4.4.A.

See: Chapter 4 Part 4 Annex 4.4.A, Remote locations for ADF district allowance

1.3.66   Removal

 

Removal means a removal by a Commonwealth removalist.

See: Section 1.3.12, Commonwealth removalist

1.3.67   Reserve service

 

Reserve service means a period of service performed by a member of the Reserves that is not continuous full-time service.

 

See: Section 1.3.15, Continuous full-time service

1.3.68   Restricted destination

1.

For the purpose of leave and travel, a restricted destination is a location that the CDF has directed is a restricted destination.

See: Chapter 5 Part 2 Division 1, Leave to travel to a restricted destination

 

1.3.69   Return of service obligation

 

Return of service obligation means a period of service determined by the relevant Service Chief under the Defence (Personnel) Regulations 2002. It is period of service a member must complete in return for some kinds of service opportunities.

Examples:

 

a.

Undergoing expensive training.

 

b.

Getting marketable skills through Service training.

 

c.

Being employed on special duties.

 

d.

Serving outside Australia.

 

e.

Travelling to Australia with any dependants at Commonwealth expense if the member has joined the ADF from outside Australia.

1.3.70   Seagoing ship

 

Seagoing ship has the same meaning as in DFRT Determination No. 11 of 2013, ADF allowances, as amended.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9, published at Chapter 4 Part 2 Part B Division B.9 section B.9.2, Definitions.

1.3.71   Seagoing submarine

 

Seagoing submarine has the same meaning as in DFRT Determination No. 11 of 2013, ADF allowances, as amended.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9, published at Chapter 4 Part 2 Part B Division B.9 section B.9.2, Definitions.

1.3.72   Serious illness

 

Serious illness has the following meanings.

 

Item

For...

serious illness means an illness or injury that could...

1.

compassionate leave

See: Chapter 5 Part 9 Division 2

endanger the member's life.

2.

Australians dangerously ill scheme

See:
Chapter 9 Part 3 Division 9
Chapter 17 Part 4

do any or all of the following.

a. Endanger the person's life.

b. Significantly disable the person.

c. Materially affect the person's future life.

Note: A serious illness can include a mental health condition.

 

1.3.73   Service residence

 

Service residence means residential accommodation provided by the Commonwealth. It does not include living-in accommodation.

See: Chapter 7 Part 6, Service residences

1.3.74   Short-term duty

1.

Within Australia – short-term duty means a period of duty that the member's Service has directed to be for six months or less.

2.

For duty overseas – see Chapter 12 Part 3 section 12.3.18, Short-term duty overseas.

1.3.75   Trainee

 

Trainee means a new entrant to the ADF who is on a trainee salary. This means a rate of salary under Schedule B.13 to DFRT Determination No. 2 of 2017, Salaries.

 

Note: This definition does not apply to existing members of the Permanent Forces who are undergoing a form of in-service training mentioned in Schedule B.13. These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 section 3.2.25. They are defined as members undergoing recategorisation training.

See: Section 1.3.43, Member undergoing recategorisation training

1.3.76   Training commitment

 

Training commitment means an obligation for a member to do specified reserve service for a specified period. The obligation is created under regulation 100 of the Defence (Personnel) Regulations 2002.

1.3.77   Travel card

 

Travel card means a charge card that the Department of Defence provides to a member. The member can use the card for any of these purposes, up to the specified monetary limits.

 

a.

To pay accommodation, meals and incidental costs directly on behalf of the Commonwealth.

 

b.

To get a cash advance to pay for accommodation if the travel card cannot be used to pay for the accommodation.

 

c.

To get a cash advance to pay for meals and incidentals.

 

Note: The travel card is a Diner’s Club card. When the member pays for their Defence travel with the card, the cost is charged direct to the Commonwealth.

Example: A hotel does not accept the travel card as the method of payment for a member's accommodation. The member could use the card to withdraw cash at an ATM, pay for the accommodation and get a receipt for their stay.

See: Defence Travel Management site.


1.3.77A  Unpaid leave

1.

Unpaid leave means any of the following leave types.

 

a.

Leave without pay.

 

b.

Unpaid maternity leave.

 

c.

Unpaid paternity leave.

2.

Part-time leave without pay means a period of part-time unpaid leave.

1.3.78   Very serious illness

 

Very serious illness means an illness or injury of such severity that life is imminently endangered.

1.3.79   Warlike service

 

Warlike service means service in the Defence Force of a kind determined as warlike service for the purposes of the Veterans’ Entitlements Act 1986.

 

See: Section 5C of the Veterans' Entitlements Act 1986

 


Division 2: Dependants and categorisation

Subdivision 1: Household member definitions
1.3.80   Purpose

1.

The Commonwealth provides benefits to assist a member's family with costs arising out of Service needs. Most benefits are provided only for family members who are also dependants living in the same household as the member.

2.

The purpose of this Division is to identify the relationships that might give rise to eligibility for Defence benefits.

Exception: Not all of the people in a member's family group are included in dependant definitions. Those people excluded are not usually eligible for Defence benefit purposes.

3.

The definitions, concepts and categorisations referred to in the following table apply to members and their dependants.

 

Item

Definition, concept or categorisation

Reference

1.

Describe different relationships between a member and other people.

 

a.

Child.

Section 1.3.81

b.

Spouse.

Section 1.3.92

c.

Partner.

Section 1.3.88

d.

Couple.

Section 1.3.82

e.

Non-Service spouse and non-Service partner.

Section 1.3.86

2.

Define the living arrangements that may make a person eligible for benefits from Defence.

 

a.

Normally lives with.

Section 1.3.87

3.

Define which people are a member's dependants for Defence benefit purposes.

 

a.

Dependants.

Section 1.3.83

b.

Dependant with special needs.

Section 1.3.84

c.

Dependants recognised by CDF.

Section 1.3.85

4.

Describe the category a member is in for Defence benefit purposes.

 

a.

Member without dependants.

Section 1.3.94

b.

Member with dependants.

Section 1.3.95

c.

Member with dependants (unaccompanied).

Section 1.3.96

 

4.

Despite anything the member tells Defence, CDF may examine whether the member or a person in their family meets any of the definitions in this Part and make an assessment as to whether the member or other persons are eligible for benefits on that basis.


 

5.

In addition to any statement and evidence provided by the member, the CDF may ask for further information if they consider it is necessary to do either of the following.

 

a.

Verify the member's statement of relationship in any form that requires dependant information.

 

b.

Recognise dependants for whom the member is applying for categorisation, or a change in category.

6.

The member must provide accurate information and advise of any changes to family circumstances relevant to their eligibility for a category.

See: Part 5 section 1.5.2, Obligation to provide accurate information

7.

A member's dependant may provide information in relation to a benefit Defence has provided. Defence may use this information to ensure that correct benefits are provided in relation to the member's service.

8.

Recruiting staff and Commanding Officers are to ensure the applicant has access to forms that can be used to notify Defence about their family and dependants, including their primary emergency contact and their next of kin information.

 

a.

The 'normally lives with' requirement set out in section 1.3.87 and 1.3.83.

 

b.

The tests to be a CDF recognised dependant under section 1.3.85.

 

See:

Section 1.3.83, Dependants

Section 1.3.85, Dependants recognised by CDF

1.3.81   Child

1.

Child includes the following persons under 21 years of age.

 

a.

A child recognised for the purposes of Part 7 Division 1 Subdivision D of the Family Law Act 1975.

See: Family Law Act 1975 

 

 

Examples:

 

i.

A child of the member.

 

ii.

A child of the member's spouse or partner.

 

iii.

An adopted child.


 

 

b.

A child with a permanent care order issued by a court order that places them in the member's care.

Note: A permanent care child is different to a child under a short-term foster care arrangement. A child on a short-term foster placement might live in the member's home with them but is not included as a dependant for the purpose of Defence benefits, unless they become a CDF recognised dependant.

 

Note: To be considered a dependant of the member for Defence benefit purposes, a child must also meet either or both of the following.

 

a.

The 'normally lives with' requirement set out in section 1.3.87 and 1.3.83.

 

b.

The tests to be a CDF recognised dependant under section 1.3.85.

 

See:

Section 1.3.83, Dependants

Section 1.3.85, Dependants recognised by CDF

2.

The age limit in subsection 1 does not apply for a child who is an invalid or has a disability.

 

Note: Chapter 8 provides some benefits for tertiary students who do not meet this definition because they are too old for this special measure for children.

1.3.82   Couple

 

A couple means a member and their spouse or partner.

1.3.83   Dependants

1.

Any of the following persons who normally lives with a member is taken to be the member's dependant for Defence benefit purposes.

See: Section 1.3.87, Normally lives with

 

a.

The member's spouse.

See: Section 1.3.92, Spouse

 

b.

The member's partner.

See: Section 1.3.88, Partner

 

c.

The child of a member, defined in section 1.3.81.

Note 1: The definition in section 1.3.81 is broad and inclusive.

Note 2: A child who does not normally live with the member may be a dependant recognised by CDF under section 1.3.85.

Exception: A child who remains in a losing location without other adult dependants of the member is taken not to be a dependant because the child has ceased to be part of the member's household.

Example: The member is posted and moves away from the losing location. The child moves in with their grandparents to continue with employment. The child has ceased to be part of the member's household. 

 

d.

A child of a member, spouse or partner who meets both the following circumstances.

 

i.

The child is absent from the member's home only because the child is in full-time education. This can be primary, secondary or undergraduate tertiary education.

 

ii.

The child is under 21 years of age.

 

e.

An adult acting as a guardian or housekeeper, if the member has a dependent child and any of these other conditions are met.

 

i.

The member has no spouse or partner.

 

ii.

The member's spouse or partner is an invalid or has a disability.

 

iii.

The member's spouse or partner is either a member serving at another posting location or a non-Service spouse or partner living away from the family home.

2.

A person who is a dependant under section 1.3.84 or 1.3.85 is taken to normally live with the member, even if the ground on which they are recognised precludes their living with the member for a period.

3.

A different definition of dependant is used for members on short-term duty overseas and members on overseas long-term postings.

Exception: Members on deployment rely on the same dependant definitions as members in Australia. The deployment is not considered an overseas posting.

See: Chapter 12 Part 3 section 12.3.5, Dependant

1.3.84   Dependant with special needs

1.

In this section a decision maker means one of the following.

 

a.

Director General Defence Community Organisation.

 

b.

Director National Operations Defence Community Organisation.


 

2.

A dependant with special needs is a person who meets both of the following conditions.

 

a.

The decision maker has recognised the person for Defence benefit purposes under subsection 4.

 

b.

The dependant has been assessed or recognised for the purpose of a condition, in accordance with the following table.

 



Item

Special needs condition

Person who must assess or recognise the condition

The dependant must meet these qualifying criteria

1.

Physical.

A specialist medical practitioner.

Not applicable.

 

2.

Intellectual.

3.

Sensory.

4.

Multiple impairments.

5.

Medical condition, illness or disability.

6.

Speech or language disorders.

Either of the following.

a.

A specialist medical practitioner.

b.

A paramedical practitioner.

Example: A speech therapist.

7.

Social, emotional or behavioural.

Either of the following.

8.

Specific learning difficulties.

a.

A specialist medical practitioner.

b.

A psychologist.

9.

Academically gifted or talented.

A psychologist with qualifications and experience in assessing children.

The child must achieve a score at or above the 95th percentile on either of the following.

a.

Any individual or group IQ test.

b.

A subscale of an individual IQ test.

 

3.

A member must do all of the following to have a dependant recognised as a dependant with special needs.

 

a.

Apply using Form AC832.

 

b.

Include copies of relevant supporting documents with the application.

 

c.

Send the completed application to the Defence Community Organisation.


 

4.

The decision maker will decide if the member's application for the recognition of a dependant with special needs is approved or not approved. A letter stating the decision will be forwarded to the following people.

 

a.

The member.

 

b.

The member's unit.

 

c.

Defence Housing Australia.

 

d.

The career managers of the member's Service.

5.

Recognition under this section is valid until the circumstances on which the application was granted change. The member must advise the Defence Community Organisation in writing of any change that may affect eligibility.

1.3.85   Dependants recognised by CDF

1.

The CDF may recognise a person as a dependant on the basis that the person has an interdependent relationship with a member. The CDF must have regard to the following factors.

 

a.

Whether the person has a close personal relationship to the member. The CDF may consider any of the following circumstances, or any other relevant facts.

 

i.

Whether the relationship is permanent. This can include any evidence to show that the parties intend the relationship to be permanent.

 

 

Example: A non-dependent child who is orphaned may be recognised as a dependant under this section while the member applies to adopt the child. Once the adoption is finalised, the child will fall under the ordinary definitions of 'child' and 'dependant' in this Division.

 

ii.

Ownership, acquisition and use of property.

 

iii.

The degree of mutual commitment to a shared life.

 

iv.

The care and support of children.

 

v.

The reputation and public aspects of the relationship.

Example: A statutory declaration that the relationship is one of interdependency.

 

vi.

The degree of emotional support.

 

b.

Whether the person lives with the member.

 

c.

Whether the person is unable to live with the member because of an intellectual, physical or psychiatric disability.

 

 

Non-example: A member's parent has lived independently, not living with the member as a dependant and then moves into an aged care facility. The parent is not eligible to be recognised as the member's dependant, although the member may have power of attorney for the parent.


 

 

 

Example: A member's aged mother is recognised as a dependant. The member looks after his mother in the member's home. The mother moves permanently to an aged care facility. The mother remains the member's dependant. 

See also: Section 1.3.84, Dependant with special needs

 

d.

Whether the member provides the person with substantial financial support.

Non-example: A member's parent who receives the aged pension, is in average health and is renting their own home is not a dependant.

 

e.

Whether one or each of them provides the other with interdependent support and personal care.

Examples:

1.  A member's parent is of pensionable age and suffering from a disabling illness. They are dependant on the member to provide a home and care.

2.  A person has medical conditions for which the member provides care. The person is able to show evidence from their doctor to support this.

2.

The CDF may recognise a child as a dependant if the child is expected to live with the member at their posting location for less than 90 nights a year. The CDF must consider all the following criteria.

 

a.

The arrangements for the child's contact or residence with the member.

 

b.

The member's access to the child.

 

c.

The distance and transport between the child's location and the member's location.

 

d.

The nature and extent of the member's Service commitments.

 

e.

Other factors that may be relevant to the relationship of the child and the member.

3.

The CDF may recognise a member's live-in carer as a dependant for one or more of the benefits listed in the following table. The CDF must be satisfied that both the following circumstances apply.

 

a.

The live-in carer is for the member.

 

b.

The live-in carer is included on the member's rehabilitation plan.

 

Item

Benefit

Reference

1.

Removal

Chapter 6 Part 5

2.

Service residence

Chapter 7 Part 6

3.

Rent allowance

Chapter 7 Part 8

 

4.

The recognition of a live-in carer as a dependant under subsection 3 stops when the member no longer needs the carer.


 

5.

The CDF may recognise a person who does not normally live with the member as a dependant for Defence benefit purposes. Both the following conditions must be met.

 

a.

The person must be eligible to be recognised as a dependant had they normally lived with the member.

See: Section 1.3.83, Dependants

 

b.

It must be reasonable having regard to Service requirements.

 

Example 1: If a couple is not able to live together because of Service reasons, such as a requirement to live-in, the CDF may recognise the couple as dependants of each other for Defence benefit purposes.

See: Section 1.3.96, Member with dependants (unaccompanied)

 

Example 2: Two members form a couple and ask their career managers for a posting in the same location so that they can live together. Their Service cannot post them together for operational reasons. The CDF recognises one member as a member with dependants and that member maintains a family home. The other lives in as member with dependants (unaccompanied).

 

Non-example: Two members consider themselves a couple but have never sought to be posted together or to form a common household. Their separation is not for Service reasons. There is no evidence that they would normally live together if not for the posting. The CDF does not recognise the couple for benefit purposes and they remain categorised as members without dependants, with no access to housing benefits. They are, however, listed on the system as a couple for personal emergency contact and notification purposes.

6.

The CDF must not recognise a person as a dependant under this section if satisfied that any of the following circumstances apply.

 

a.

The person's relationship with the member is one of mere convenience.

Examples:

1. A member's 22-year-old child who is unemployed lives with the member for reasons of convenience, not interdependency.

2. A person who acts as a housekeeper or guardian to a dependent child, when the member and spouse live together and are both working.

3. A member's parent is of pensionable age and looks after the member's children at the member's home but is otherwise able to live independently.

 

b.

There is alternative support, care or accommodation available to the person.

Example: A member looks after their grandchild while the child's mother is on holiday overseas. The child's father is working but does not want to pay for child care. The CDF determines that the child is not a dependant of the member since the child's parents remain responsible for the child's care and support.

 

 

Non-examples:

1. A member's grandchild has been orphaned. The member has assumed primary care of the child. The child has no other source of care or support. The CDF determines that the grandchild is a dependant of the member.

2. A member's son has become permanently incapacitated after a car accident. The member's son was the primary carer of his child. The member has assumed care of their grandchild because they are the child's closest relative and have applied for legal guardianship. The CDF determines that the child has no other source of care or support, and is a dependant of the member.


 

 

c.

The person is a resident child carer living with the member's family but is not otherwise a dependant of the member.

See: Chapter 7 Part 1 Division 3 section 7.1.14, for the definition of resident child carer

7.

The following arrangements apply where a person is not recognised as a dependant under this Division.

 

a.

The member may make their own arrangements for the person.

 

b.

The Commonwealth does not provide any dependant benefits under this Determination in relation to that person, unless a specific provision allows a benefit to be given. 

1.3.86   Non-Service spouse and non-Service partner

 

A non-Service spouse or non-Service partner is a member's spouse or partner who is not a member.

1.3.87   Normally lives with

1.

To assess whether a person normally lives with a member as a dependant either of the following can be considered.

 

a.

Nights the person has lived in a home with the member.

 

b.

Nights the person is reasonably expected to live in a home with the member.

2.

For a child, the total of paragraphs 1.a and 1.b must be at least 90 nights a year at the posting location.

 

Exception: The child is recognised as a dependant under subsection 1.3.85.2.

See: Section 1.3.85, Dependants recognised by CDF

3.

If a person ceases to normally live with a member and the person is no longer expected to live with the member for the purpose of subsection 1, the person ceases to be a dependant of the member under this Determination.

 

Exception: A spouse, de facto partner or a dependant recognised by CDF under section 1.3.85 or the decision maker under section 1.3.84, might be recognised as a dependant, despite a temporary separation. The rule in subsection 3 would not stop the person being recognised as dependant even during the period of the temporary separation.

 

Exception examples: Service partners who can't live together for Service reasons or a person who is unable to live with the member because they require institutional care.

 

1.3.88   Partner

 

Partner means a person who is in either of the following circumstances.

 

a.

A registered relationship prescribed by the law of a State or Territory.

Example: A civil partnership.

 

b.

A de facto relationship, in which the member and their partner live together on a genuine domestic basis.

1.3.89   Partner – de facto

1.

A de facto partner is a member of a couple who live together on a genuine domestic basis, in accordance with section 2F of the Acts Interpretation Act 1901.

 

Note 1: A list of circumstances offering guidance as to whether a couple are living together on a genuine domestic basis can be found in sections 2D, 2E and 2F of the Acts Interpretation Act 1901. They may include any of the following circumstances, or other relevant facts.

 

a.

The duration of the relationship.

 

b.

The nature and extent of their common residence.

 

c.

Whether a sexual relationship exists.

 

d.

The degree of financial dependence or interdependence, and any arrangements for financial support, between them.

 

e.

The ownership, use and acquisition of their property.

 

f.

The degree of mutual commitment to a shared life.

 

g.

The care and support of children.

 

h.

The reputation and public aspects of the relationship.

 

Note 2: It is not necessary for a couple to show they meet every circumstance in order to be regarded as living together on a genuine domestic basis. No particular finding in relation to any circumstance is necessary in determining whether two persons have a relationship as a couple.

 

Note 3: Both the member and the partner are not related by family and both are over the age of consent applicable in the State or Territory in which they live. 

2.

A member may wish to access Defence benefits on the basis that they have a de facto partner. The member may apply for recognition by completing the relevant Defence form.

 

a.

The member must state in their application the length of time they have lived together with their partner.

 

b.

The member must attach at least one piece of evidence that demonstrates they are living with their partner on a genuine domestic basis.


 

 

 

Notes:

1. The 'preferred' piece of evidence is a document showing that the member and their partner live together in a home at the member's posting location. For example, a rental agreement or mortgage papers. This sort of evidence is preferred because it could also satisfy the 'normally lives with' test that must be satisfied for categorisation of the member, later in the process. However, evidence of any other relevant circumstances could be provided.

2. The member may choose to provide additional evidence to support their statement of relationship when submitting forms that require dependant information.

3. The member's statement on a form that they are in a de facto relationship is relied on to decide the level of benefits provided to the member and their partner. Any false or misleading statement in connection with a benefit may be investigated and may lead to disciplinary action.

3.

To avoid doubt, an application may be approved in relation to a period immediately preceding the application date.

Note: Approval of a past period may require adjustment of allowances and benefits and this may result in recovery action, with the member or their partner having to repay benefits to Defence or other Commonwealth agencies.

4.

The CDF must accept the member's statement unless it is reasonable to believe there is a need for more information.

5.

The CDF may make any of the following decisions about the application.

 

a.

The CDF may recognise the couple relationship for Defence benefit purposes.

 

b.

The CDF may request further information if they consider it is necessary to do either of the following.

 

i.

Verify the member's statement of relationship on any form that requires information about dependants.

 

ii.

Recognise dependants in relation to whom the member is applying for categorisation or to change a category.

 

c.

The CDF may refuse to recognise the couple relationship for Defence benefit purposes. The CDF must provide reasons to the member.

6.

To avoid doubt, where the CDF refuses to recognise the relationship for Defence benefit purposes, the member may not be categorised as a member with dependants on the basis of that relationship. This means they may not receive Defence benefits provided to people defined as dependants (under section 1.3.83) on the basis of that relationship.

Note 1: Even without a de facto partner, a member may still be categorised as a member with dependants on the basis that other dependants live with them, for example, the member's dependant parent, recognised under section 1.3.85.

Note 2: Although a person may not meet the requirements to establish a couple relationship, they may still seek recognition as a CDF-recognised dependant under section 1.3.85.

See: Section 1.3.85, Dependants recognised by CDF


 

7.

In refusing to recognise a couple relationship for Defence benefit purposes, the CDF must not take into account any factors that are irrelevant to that decision.

Example: The member's rank or employment category, personal choices, religion.

8.

Approval or refusal of an application based on whether or not the member meets the definition in this section is taken to be both of the following.

 

a.

A decision point which may be the subject of a complaint for redress.

 

b.

An exercise of discretion.

9.

To avoid doubt, the CDF may decide that a member falls in or out of the definition of a couple relationship even if the member has not provided a statement in an application to show that they meet the definition of a de facto partner.

 

Example 1: A newly recruited member completes their initial paperwork incorrectly, so they are categorised as a member without dependants. Although not living with their partner during the initial training period, prior to joining the Service the member had been living with their partner on a genuine domestic basis for a number of years, having children together and shared bank accounts. The new recruit may not be able to provide recent evidence of the necessary factors to have dependency recognised. However, in keeping with administrative law principles and having regard to all the relevant factors, the CDF can use their discretion to recognise the couple as de facto partners for Defence benefit purposes.

 

Example 2: A member is unconscious. The member has made no application for recognition of a dependant. However, the member's partner approaches Defence for assistance. The partner is able to show that they have lived with the member for some years and family and friends recognise the member and their partner as a de facto couple.

10.

The CDF may recognise a de facto relationship if the partners are temporarily separated due to one of the following reasons.

 

a.

Service reasons.

 

b.

The member or their partner has an illness or infirmity which prevents them from living together.

 

c.

Unforseen circumstances.

Example: The partner is caring for their parent in the parent's home for a few weeks while the parent recovers from surgery.

1.3.90   Partner – registered de facto

 

To avoid doubt, if a de facto relationship is recognised on a State or Territory register, then the member does not need to reapply for recognition if the couple move and continue to normally live together as a couple in a State or Territory other than the one in which they were registered.

 

1.3.91   Primary emergency contact

 

A member's primary emergency contact is an adult, usually in the member's family, who is nominated as the first contact if the member is assigned a casualty status that needs to be notified to the family.

See: Defence Instruction (General) 11-4, Nominating and recording emergency contact and next of kin information in PMKeyS

Note: This DI(G) contains a definition of 'next of kin' for the purpose of recording relatives on the Defence personnel system. It works differently to the family definitions in this Determination, such as 'nominated family' for leave travel and for funeral benefits, where the next of kin is a dependant or other person the member has nominated.

1.3.92    Spouse

 

Spouse, for a member, means a person who is married to the member in accordance with the Marriage Act 1961.

 

Note: To be considered a dependant of the member for Defence benefit purposes, a spouse must also meet the tests in sections 1.3.83 or 1.3.85.They might need to provide evidence that they live in a home together for the 'normally lives with' test.

 

See:

Section 1.3.83, Dependants

Section 1.3.85, Dependants recognised by CDF

Subdivision 2: Categorisation of a member for benefit purposes
1.3.93   Applying for Defence-provided benefits

1.

A member's category is a precondition of their eligibility for Defence-provided benefits. The member must be assessed as meeting the conditions for one of the following categories.

 

a.

Member without dependants under section 1.3.94.

 

b.

A member with dependants under section 1.3.95.

 

c.

A member with dependants (unaccompanied) under section 1.3.96.

 

Note: This assessment is a decision point even though it may also be used to verify the facts. It helps make sure that the member and any dependants get the special benefits that are available to assist them.

2.

The member may state in an application for categorisation or for benefits that they meet the conditions for one of the categories described in subsection 1.

3.

The member must provide evidence to support an application for categorisation or a change of category.

Note: A member must advise about changes to family circumstances relevant to their eligibility for a category under this Division in accordance with section 1.5.3. This advice must be in writing.


 

 

See: Part 5

Section 1.5.3, Change in member's circumstances

Section 1.5.4, Overpayment

4.

If no application has been made by the member or if the CDF is satisfied that there has been a change in the member's circumstances, CDF may take any of the following decisions. The CDF must notify the member of the decision.

 

a.

A decision that the member is described by one of the categories listed in subsection 1.

 

b.

A decision about whether the conditions for recognition of a dependant are satisfied.

 

c.

Any relevant decision about eligibility for benefits for the member or dependant.

 

Notes:

1. Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

2. Section 56 of the Defence Force Discipline Act 1982 creates a military disciplinary offence for a false statement made in an application for a benefit.

Example: The member moves in with a new partner and forms a de facto relationship, but does not apply for recognition. The CDF recognises that the member's previous relationship has ceased and a new de facto relationship has begun. The member's eligibility for housing benefits is reassessed based on the member's new living arrangements.

5.

Until 30 June 2016 a member may choose to make an application to have a de facto partner recognised as a dependant for the purposes of section 1.3.89 of this Determination, or using the process set out in the Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships, as in force on 6 April 2017.

Related Information: Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships

 

Note: This means that for the period commencing on 30 March 2016 and ending 30 June 2016 a member can choose to have a de facto relationship recognised through either the Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships or in accordance with section 1.3.88 or 89, as relevant.

6.

The CDF may determine the form that is to be used by a person to apply for categorisation or recognition of a relationship for the purpose of eligibility for Defence-provided benefits.

1.3.94   Member without dependants

 

A member without dependants is a member who does not meet conditions for either of the following categories.

 

a.

A member with dependants under section 1.3.95.

 

b.

A member with dependants (unaccompanied) under section 1.3.96.

 

Examples:

1. The member has no ADF-recognised dependants.

2. The member does not intend to ever live in the same house as their family and so the family is not recognised as dependants for Defence benefit purposes.

 

1.3.95   Member with dependants

1.

A member with dependants means a member who normally lives with at least one dependant. This is usually in a home at the posting location. 

2.

To avoid doubt, a member of a dual-serving couple remains a member with dependants if their partner is categorised member with dependants (unaccompanied) and so is only temporarily not living with the member.

 

Example: A member couple live together in Darwin. One of the members is posted to Melbourne. That member becomes a member with dependants (unaccompanied). The member in Darwin lives alone until the other member returns from the post, but is still eligible to be a member with dependants.

3.

A member who has a dependant recognised under subsection 1.3.85.5 is categorised as a member with dependants until the circumstances on which the dependant was recognised change.

 

Example: A Service couple are unable to form a common household as a de facto couple because they have not been granted the posting to adjacent locations that they requested. They are recognised as dependants for the period of the posting. However, the couple separate after eight months. From that point on, the interdependency relationship ceases and the two members are no longer recognised as members with dependants.

See: Section 1.3.85, Dependants recognised by CDF

4.

A member with dependants (unaccompanied) is a subset of the category member with dependants.

5.

A member must not apply for member with dependants or member with dependants (unaccompanied) categorisation for a spouse or partner if they already receive Defence benefits or entitlements for another spouse or partner.

Example: A member is married but separated from their spouse. The member's spouse ceases to be a recognised dependant for Defence benefit purposes when the member no longer normally lives with them. The member currently lives with another person. The member must take steps to amend their details to cease benefits for their former spouse and have their new partner recognised for benefit purposes.

1.3.96   Member with dependants (unaccompanied)

1.

A member with dependants (unaccompanied) is a member who meets the conditions set out for that category in Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied).

See: Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied)

2.

The purpose of the member with dependants (unaccompanied) category is described in section 8.3.4.

See: Chapter 8 Part 3 Division 1 section 8.3.4, Purpose of member with dependants (unaccompanied) category


 

3.

The package provided to a member with dependants (unaccompanied) and their dependants may recognise the additional costs of maintaining dependants in two locations. It may include benefits such as the following. 

 

a.

Fully-subsidised accommodation for the member at the member's duty location.

 

b.

Reunion travel, food, utilities, and separation allowances.

 

c.

Partly-subsidised accommodation for the dependants.

 

d.

Removal at Commonwealth expense.

 

See: Chapter 8 Part 3 Division 1 section 8.3.6, Member who may be classified as a member with dependants (unaccompanied)

 


Part 4: Equivalent rank and classifications

1.4.1    Overview

1.

In Chapters 1 to 17, a reference to a rank is a reference to an Army rank. It includes a reference to the equivalent rank in the Navy and Air Force. This is unless it is made clear otherwise.

Note: This is consistent with long-standing Defence practice whereby Army ranks are used, often followed by the letter (E) for Equivalent rank. To simplify and save space, the text does not include the (E) symbol. Where there is a reference to the three Services, the normal order is followed – Navy, Army, Air Force.

2.

Equivalent rank means the corresponding rank set out under Regulation 8 of the Defence Force Regulations 1952.

1.4.2    Chaplain taken to hold rank

1.

A Chaplain who holds a fixed tenure appointment is taken to hold the rank set out in this table.

 

Item

If a Chaplain's classification is…

then they are taken to have the rank of…

1.

Division 1

Captain

2.

Division 2

Major

3.

Division 3

Lieutenant Colonel

4.

Division 4

Colonel

5.

Division 4 – Head of Denomination

Colonel

6.

Division 5

Brigadier

 

2.

A Chaplain who holds an indefinite appointment is taken to hold the same rank as an officer on the same rate of salary as the Chaplain.

 

Note: This section is a deeming provision that allows Chaplains to get pay and conditions, as they hold honorary rank only.


Part 5: Member's rights and obligations

1.5.1    Purpose

 

A member must meet certain obligations when they have an entitlement or benefit. This Part sets out those obligations.

1.5.2    Obligation to provide accurate information

1.

A member must provide accurate information in their application.

2.

Defence may take into account information that a member's dependant provides, to ensure that correct benefits are provided in relation to the member's service.

Related Information: Part 3 Division 2 section 1.3.80, Purpose

3.

If a member has claimed a benefit, the CDF may from time to time ask the member to provide information about their relationships and living arrangements.

 

a.

This information is used to verify the relationships or living arrangements that affect eligibility.

 

b.

It may also be used to decide which category a member is in and what benefits they and any dependants are eligible for.

 

Examples: Marriage or registration certificate, birth certificates, life insurance policy that names dependants, household bills, statutory declarations.

4.

Giving false or misleading information is a serious offence.

 

Notes:

1. Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents. The Criminal Code is a Schedule to the Criminal Code Act 1995.

2. Section 56 of the Defence Force Discipline Act 1982 creates a military disciplinary offence for a false statement made in an application for a benefit.

1.5.3    Change in member's circumstances

1.

This section applies if a member or their dependants meet both these conditions.

 

a.

They have qualified for a benefit.

 

b.

The circumstances on which they qualified for the benefit change.

 

Examples: A child leaves home, a new baby is born, a couple relationship ends.

2.

A person who applies for a benefit under this Determination is responsible for informing themselves about the entitlement they are claiming.


 

3.

The member must notify their Commanding Officer in writing about the change within 14 days after it happens.

Exception: The CDF may accept a notice provided by the member on a later date if satisfied that the delay is reasonable.

Note: This requirement helps the Commonwealth prevent overpayments being made. If a member does not advise about changes, they may receive payments they are not entitled to, which would need to be repaid.

4.

The member must also provide a written notice of the change to the administrator of their type of housing assistance, within 14 days after it happens, as relevant.

 

a.

For living-in accommodation – Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) at the base where the member is required to live in.

 

b.

For a Service Residence – Defence Housing Australia.

 

c.

For rent allowance – Defence Housing Australia.

5.

A member must fill in and provide the relevant form to their Commanding Officer as soon as practicable after any of these events

 

a.

The number of dependants the member has changes.

Example: The member's de facto relationship is recognised under section 1.3.89, Partner – de facto.

 

 

b.

The member is notified of a change of posting location and it is reasonable to expect that the new posting location may result in the member's eligibility for one of the following categories also changing.

 

 

i.

Member with dependants.

See: Part 3 Division 2 section 1.3.95, Member with dependants

 

 

ii.

Member with dependants (unaccompanied).

 

See:

Part 3 Division 2 section 1.3.96, Member with dependants (unaccompanied)

Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied)

 

 

iii.

Member without dependants.

See: Part 3 Division 2 section 1.3.94, Member without dependants

 

 

1.5.4    Overpayment

1.

This section applies if a person has been paid more than the amount they are eligible for.

2.

The person must repay to the Commonwealth the difference between their benefit entitlement and the amount they were paid.

Example: A member is paid vehicle allowance in advance of travel. They do not travel, or they travel less than they expected to. They must repay all or part of the allowance, whichever applies.

Exception: Where tax has been deducted from an amount overpaid and the amount was paid in a previous financial year.

1.5.5    Recovery by the Commonwealth

1.

This section applies if a member must repay an overpayment of salary or allowances to the Commonwealth.

2.

The Commonwealth may recover the overpaid amount from the salary and allowances that the member has been – or may be – paid. The Commonwealth still has the right to recover the overpaid amount by other means.

 

Note: The Public Governance, Performance and Accountability Act 2013 recovery processes are usually used to do this.

1.5.6    Decision-makers to avoid conflict of interest

1.

This section applies if a member would get a personal benefit from a decision they are authorised to make.

2.

The member must refer the decision to another decision-maker at or above their rank or classification.

1.5.7    Member to provide evidence of payment

1.

This section applies to a member who is eligible for the reimbursement of a payment they made.

2.

The member must provide either of the following as evidence that they made the payment.

 

a.

Written evidence, including any original receipts.

 

b.

A statutory declaration if written evidence is not available.

3.

The member must provide the items when they lodge their claim for reimbursement or as soon as practical after that time.

Note: A person who knowingly makes a false statement in a statutory declaration under the Statutory Declarations Act 1959, as amended, is guilty of an offence under section 11 of that Act. They could go to prison for four years.

 


Part 6: Payment of benefits in special circumstances

1.6.1   Dual entitlement – member's adult dependant is also a member

1.

This section applies if both these conditions are met.

 

a.

A member's adult dependant is also a member.

 

b.

Both members have any of the benefits in this table for the same period.

 

Item

Benefit

Reference

1.

Disturbance allowance

Chapter 6 Part 1 Division 1

2.

Reimbursement for childcare on removal

Chapter 6 Part 1 Division 2

3.

Assistance or reimbursement for home purchase or sale

Chapter 7 Part 3

4.

Reimbursement for loss on sale of furniture and effects

Chapter 6 Part 2 section 6.2.2

5.

Reimbursement for loss on sale of a vehicle

Chapter 6 Part 2 section 6.2.4

6.

Reimbursement for cost of insurance on removal of urgently needed household items

Chapter 6 Part 4 section 6.4.8

7.

Reimbursement for education costs for a child

Chapter 8 Part 4

8.

Reimbursement in place of a child’s scholarship

Chapter 8 Part 4 Division 3

 

2.

This table sets out how the benefit is provided.

 

Item

If the members…

then the benefit is provided to
the member who…

1.

jointly nominate one of them to receive the benefit

is nominated.

2.

do not jointly nominate one of them to receive the benefit, and they:

_

a.  hold different ranks

has the higher rank

b.  hold the same rank

has the greater seniority in the rank.

 

3.

A member may have a benefit listed in subsection 1 while their adult dependant has a similar benefit that is not under Chapters 1 to 11. In this case, the listed benefit is reduced by the amount of the similar benefit.

 

Example: A member is eligible for disturbance allowance under Chapter 6 Part 1 Division 1. Their spouse is an APS employee in Defence. The member's eligibility for the allowance is reduced by any amount the adult dependant gets for similar purposes under Defence Enterprise Agreement 2017-2020 section H2, Relocating with Defence.

Example: A member is eligible for disturbance allowance under Chapter 6 Part 1 Division 1. Their spouse, an adult dependant of the member, is an APS employee in Defence. The member's eligibility for the allowance is reduced by any amount the adult dependant gets for similar purposes under Defence Enterprise Agreement 2017-2020 section H2, Relocating with Defence.

 

Note: The following provisions in other Chapters provide special rules about situations where a member and their adult dependant both have the same eligibility. Those special rules may override this section.


 

 

a.

Indemnity for loss or damage arising from removal within Australia.

See: Chapter 6 Part 4, Compensation for loss or damage to items stored or removed

 

b.

Trainee's dependant allowance.

See: Chapter 4 Part 8 Division 1

4.

WARNING: This section does not apply in relation to housing assistance. Special rules apply to dual entitlement for the following housing benefits – see Chapter 7.

 

Item

Benefit

Reference

1.

Temporary accommodation allowance

Chapter 7 Part 5 Division 5 section 7.5.30

2.

Contribution for Service residence

Chapter 7 Part 6 Division 9 section 7.6.54

3.

Rent allowance

Chapter 7 Part 8 Division 4 section 7.8.24

 

5.

WARNING: This section does not apply in relation to overseas conditions of service. Special rules apply to dual entitlement for the following overseas allowances and other conditions – see Chapters 14 to 16.

 

Item

Benefit

Reference

1.

Overseas removals and related entitlements

Chapter 14 Part 3

2.

Settling in and settling out overseas – meal costs

Chapter 14 Part 5

3.

Overseas living allowances – member posted before 1 July 2017

Chapter 15 Part 2

3A.

Overseas living allowances – member posted on or after 1 July 2017

Chapter 15 Part 2A

4.

Hardship allowance – member posted before 1 July 2017

Chapter 16 Part 2

4A.

Location allowance – member posted on or after 1 July 2017

Chapter 16 Part 2A

5.

Assisted leave travel

Chapter 16 Part 4

 

 

See: Chapter 12 Part 3
Section 12.3.9A, Member posted before 1 July 2017
Section 12.3.9B, Member posted on or after 1 July 2017

 

1.6.2   Payment of benefit to another person

1.

A member may seek to have their benefit paid to their adult dependant or another person. These conditions apply.

 

a.

The member must nominate in writing the person to receive the payment on their behalf.

 

b.

The other person must consent to the disclosure of their personal or financial information, and to receiving the payment.

 

c.

The member must provide the alternative payment details.

 

Example: A member who is deployed has to pay rent at home. They may choose to have their rent allowance paid to their adult dependant, who will arrange the rent payments on their behalf.

2.

Alternatively, the benefit will be paid as specifically provided for under another Chapter.

1.6.3   Payment of amount to a person under legal disability

1.

This section applies if an amount is payable to a person who has a legal disability.

Examples: A child under 18 years old. A member who is seriously injured and unable to act on their own behalf.

2.

The amount may be paid to a trustee appointed by the CDF to act on behalf of the person. The CDF must consider any instructions the member gave before the legal disability began.

3.

Both these conditions apply to an amount paid to a trustee under subsection 2.

 

a.

The trustee will hold it on trust for the benefit of the person in accordance with any directions of the CDF.

 

b.

It is taken to have been paid to the person.

1.6.4   Payment of amounts on death of a member

1.

An amount payable to a member on their death may be paid to either of these parties.

 

a.

The member’s dependants.

 

b.

The member’s legal personal representative, if both these conditions are met.

 

i.

The member has no dependant.

 

ii.

The CDF considers it appropriate.

2.

The amount may be payable to more than one dependant. In this case, the CDF must consider the losses each dependant suffers through the loss of the member's earnings.

3.

A payment should be made under subsection 1 within 12 months after the member’s death. If it is not, the amount must be paid to the member’s legal personal representative.

4.

If no-one is eligible for a payable amount, no payment will be authorised.

1.6.5   Effect of death on eligibility for salary and allowances

1.

For the purpose of payment of salary or allowances, a member is taken to have ceased continuous full-time service when the member is in either of the following situations.

 

a.

The member has died.

 

b.

The member is missing and presumed dead.

Exception: If the member is later found alive, the period for which the member was missing is taken not to break their service.

 

 

Example: A member was deployed on overseas service on 31 August 2010.

The member was reported missing, presumed dead, on 30 June 2011 but was later found alive on 30 April 2012.

For the 10 months when the member was missing, presumed dead (30 June 2011 – 30 April 2012), they would not normally be entitled to payment of salary as their continuous full-time service was taken to have ceased. But because the member was later found, they were considered to be on continuous full-time service for that period and therefore entitled to salary.

2.

If a certificate of death has not been provided to state a date of death or presumed death for a member under a relevant Commonwealth, State or Territory law, then for the purpose of the benefits provided under this Determination, the CDF, a Service Chief or the Director-General Defence Community Organisation may determine that a member died on a particular date.

See: Chapter 11 Part 3, Payment of financial benefits on death


Chapter 2: ADF career

2.0.1    Overview

 

This Chapter contains legislation and guidelines for members who join or leave the ADF.

2.0.2    Contents

 

This Chapter includes the following Parts.

 

Part 1

Joining the ADF

 

Part 1A

Flexible service determination

 

Part 2

Leaving the ADF: Career Transition Assistance Scheme

 

Part 3

Leaving the ADF: Redundancy and gratuities

 


Part 1: Joining the ADF

2.1.1    Overview

 

This Part contains benefits and guidelines for members joining the ADF.

2.1.2    Contents

 

This Part includes the following Divisions.

 

Division 1

Benefits for applicants

 

Division 2

Information for new recruits

 

Division 3

Superannuation

 


Division 1: Benefits for applicants

2.1.3    Purpose

 

A person who has applied to join the ADF may be eligible for assistance with travel costs, allowances and accommodation costs.

2.1.4    Travel, accommodation and meal benefits – certain country applicants

1.

This section applies to a person who is not a member of the ADF and who has applied to join the ADF. They may have travel, accommodation and meal benefits, if they meet all these conditions.

 

a.

They are required to have an examination or interview to see if they are suitable to join the ADF.

 

b.

They go to a recruiting centre to be examined or interviewed.

 

c.

They live at a location not served by the transport system of the city or town where the recruiting centre is located.

2.

The applicant is eligible for an allowance if they pay for their travel between their normal place of residence and the recruiting centre. The amount of the allowance depends on their means of travel, as set out in this table.

 

Item

If the applicant travels by…

then they are eligible for…

1.

private vehicle

the amount they would be eligible for if:

a.  they were a member at the rank for which they are applying for appointment or enlistment, and

b.  their travel was authorised travel on duty.
See: Chapter 9 Part 6 Division 2 for the relevant benefits.

2.

public transport

the lesser of these two amounts:

a.  What the Commonwealth would pay for fares if they were a member at the rank for which they are applying for appointment or enlistment.

b.  What they actually pay for fares.

 

3.

The applicant is eligible for an allowance for accommodation and meals if they meet both these conditions.

 

a.

They travel between their normal place of residence and the recruiting centre for a period that extends overnight.

 

b.

Their meals and accommodation are not provided at Commonwealth expense.

4.

The allowance is the lowest of these amounts.

 

a.

What the Commonwealth would have paid if it provided accommodation and meals.

 

b.

What the applicant paid for accommodation and meals.


 

 

c.

What the applicant would be eligible for if they were a member at the rank for which they are applying for appointment or enlistment.

See: Chapter 9 Part 5, Payment of travel costs for the relevant benefits

 

Note: If the applicant's travel period does not extend overnight, the meal allowance rates under section 4.5.8 apply.

See: Chapter 4 Part 5, Meal allowances

2.1.5    Prepaid fares

1.

A country applicant who travels to or from a recruiting centre is eligible to either a prepaid fare or an allowance under section 2.1.4.

2.

The applicant must repay to the Commonwealth any prepaid amount they do not spend. This includes if the journey is cancelled.

2.1.6    Baggage

 

Persons eligible for travel under this Division are not eligible for any Commonwealth assistance for excess baggage.

2.1.7    Loss of wages or salary

1.

This section applies to a person who is not a member of the ADF and who has applied to join the ADF. They may be compensated for loss of wages or salary if they meet all these conditions.

 

a.

They are employed.

 

b.

They are required to have an examination or interview to see if they are suitable to join the ADF.

 

c.

They attend a recruiting centre to be examined or interviewed.

 

d.

They lose salary or wages because of that attendance.

2.

The applicant is eligible for the lesser of these two amounts.

 

a.

The wages or salary they would have earned during the period they are reasonably required to be absent from the employment because of the attendance. This does not include any payment for overtime.

 

b.

The salary that would be payable for that period to a normal entry recruit during basic training.

3.

The applicant is not eligible if they have not disclosed in their application a significant fact that makes them ineligible to join the ADF.

 


Division 2: Information for new recruits

 

 

This Division is reserved for publication in the ADF Pay and Conditions Manual of an administrative summary of conditions of service arrangements for new recruits to the ADF.

 


Division 3: Superannuation

 

 

This Division is reserved for publication in the ADF Pay and Conditions Manual of an administrative summary of ADF superannuation.

 


Part 1A: Flexible service determination

2.1A.1  Member this Part applies to

 

This Part applies to a member of the Permanent Forces for whom the CDF has made a flexible service determination.

 

See: Chapter 1 Part 3 Division 1 section 1.3.24A, Flexible service determination (definition)

2.1A.2  Member on a flexible service determination (weeks per month pattern of service)

1.

This section applies to a member who has a flexible service determination (weeks per month pattern of service).

 

Note: A member on a flexible service determination (weeks per month pattern of service) will be granted leave without pay (flexible service determination) under section 5.10.5A for the nonworking period.  

See: Chapter 5 Part 10 Division 1 section 5.10.5A, Leave without pay (flexible service determination)

2.

Benefits for a member on a flexible service determination (weeks per month pattern of service) are provided throughout this Determination.

3.

If the rules relating to a benefit are silent in relation to a member on a flexible service determination (weeks per month pattern of service), the member is eligible for benefits as if they were a member on continuous full-time service who is not on a flexible service determination.

2.1A.3  Member on a flexible service determination (days per fortnight pattern of service)

1.

This section applies to a member who has a flexible service determination (days per fortnight pattern of service).

2.

The member's salary, allowances, contributions and other conditions of service are paid as if the member were on part-time leave without pay.

 

Related Information:

Chapter 3 Part 2 Division 1, About salaries, particularly sections 3.2.7 and 3.2.8

Chapter 5 Part 10 Division 2, Part-time leave without pay, particularly sections 5.10.15 and 5.10.16

3.

A member is deemed to be on part-time leave without pay for the total number of days in a pay period that are not determined as days of duty under the flexible service determination. The total must be a whole number of days.

 

Part 2: Leaving the ADF: Career Transition Assistance Scheme

2.2.1    Overview

1.

This Part contains information on the Career Transition Assistance Scheme. The Scheme assists members with career transition when they separate from the ADF after continuous full-time service.

2.

Effective career transition is a shared responsibility. It is mainly up to the member to start preparing well before their intended date of separation.

2.2.2    Member this Part applies to

 

The Career Transition Assistance Scheme is available to all members of the Permanent Forces and members of the Reserves who have been on continuous full-time service.

See: Division 2, Eligibility and levels of assistance

2.2.3    Definitions

 

This table outlines the definition used in this Part.

 

Term

Special meaning in this Part

Qualifying service

Service in Australia, overseas or on attachment or exchange with the armed forces of another country, by a member of the Permanent Forces or a member of the Reserves on continuous full-time service.

2.2.4    Contents

 

This Part includes the following Divisions.

 

Division 1

About the Career Transition Assistance Scheme

 

Division 2

Eligibility and levels of assistance

 

Division 3

ADF transition seminars

 

Division 4

Approved absence for career transition activities

 

Division 5

Career transition training

 

Division 6

Career transition management coaching

 

Division 7

Curriculum vitae coaching

 

Division 8

Financial counselling

 


Division 1: About the Career Transition Assistance Scheme

2.2.5    Introduction

1.

The ADF has an obligation to assist members with career transition when they leave the ADF after qualifying service, whether voluntarily or involuntarily. The Career Transition Assistance Scheme provides phased benefits, tools and services in support of this obligation.

2.

These are the objectives of the Career Transition Assistance Scheme.

 

a.

To support the career transition of members from Service to suitable civilian employment, with the minimum involuntary break in continuity of employment.

 

b.

To enhance the ability of members to competitively market themselves for suitable civilian employment.

 

c.

To enhance and make the best use of members’ existing skills gained from ADF service.

3.

The Career Transition Assistance Scheme should be accessed during the last 12 months of service, or up to 12 months after termination. This aims to ensure knowledge and skills acquired through the scheme are current at the time of career transition.

2.2.6    Assistance components

 

Assistance is divided into seven components. These are described in the Divisions listed in this table.

 

Item

Assistance type

For details, see...

1.

ADF transition seminars

Division 3

2.

Approved absence for career transition activities

Division 4

3.

Career transition training

Division 5

4.

Career transition management coaching

Division 6

5.

Curriculum vitae coaching

Division 7

6.

Financial counselling

Division 8

2.2.7    Medical and dental officer refresher training

 

Medical or dental officers seeking refresher training should refer to Chapter 4 Part 8 Division 3, Former medical or dental officer – refresher training.

2.2.8    Assistance under the Defence Assisted Study Scheme

1.

Sponsorship for career transition-oriented courses is available under Level 3 of the Defence Assisted Study Scheme (DASS), subject to available funding.

2.

Defence Assisted Study Scheme applicants are required to substantiate their intention to leave the ADF within a realistic timeframe.

3.

Career Transition Assistance Level 1 members are eligible to apply for the Defence Assisted Study Scheme while they continue to serve. For Career Transition Assistance Level 2 and 3 members, eligibility to apply for the Defence Assisted Study Scheme ceases once eligibility for training under the Career Transition Assistance Scheme is established.


Division 2: Eligibility and levels of assistance

2.2.9    Eligibility for assistance

1.

To be eligible for the scheme, the member must provide proof of their intention to separate from the ADF within 12 months. Proof must be one of the following.

 

a.

A termination authority.

 

b.

Confirmation from the ADF Transition Centre that the member’s application for termination has been received and forwarded to the appropriate approving authority.

2.

Level of assistance is determined by both these factors.

 

a.

The total period of qualifying service at the date of termination.

 

b.

The type of termination.

3.

Qualifying service for the Career Transition Assistance Scheme may be an aggregate of periods of service. This may be in one or more Services of the ADF. There may be a break between periods of service.

Note: Reserve service or service as a member of the armed forces of another country does not count toward qualifying service for the Career Transition Assistance Scheme.

4.

This table outlines eligibility for levels of assistance.

 

Item

If the member has completed...

then the assistance level is...

a.

less than 12 years' service

Level 1

b.

12 but less than 18 years' service

Level 2

c.

18 or more years' service, or has left the ADF compulsorily for any of these reasons.

a.    Medically unfit to continue service.

b.   Compulsory retirement age.

c.    Management-initiated early retirement.

d.   To meet the needs of the Service (ie declared redundant).

Level 3

2.2.10   Assistance summary

 

This table summarises the maximum assistance provided to members, depending on their qualifying service. Full details of benefits are provided in the related Divisions.

 

Item

Assistance type

Level 1

Level 2

Level 3

1.

Online information

Yes

Yes

Yes

2.

ADF transition seminar

Yes

Yes

Yes

3.

Approved absence for career transition activities

[see Note 1]

5 days 1

10 days

23 days

4.

Career transition training

[see Note 2]

No

$1,100 2

$4,400 2


 

Item

Assistance type

Level 1

Level 2

Level 3

5.

Career transition management coaching

[see Note 2]

No

$1,100 2

$2,820 2

6.

Curriculum vitae coaching

No

Yes

Yes

7.

Financial counselling

No

No

Only for certain members.

See: Division 9

 

 

Note 1: A member may only access approved absence if they have completed their initial category, corps or mustering training at the time of termination.

 

Note 2: A member may only access career transition training or career transition management coaching, not both.

Exception: Members who have left the ADF compulsorily for either of these two reasons are eligible to access both career transition training and career transition management coaching.

 

a.

Medically unfit to continue service.

 

b.

To meet the needs of the Service (ie declared redundant). This is known as management-initiated early retirement (MIER).

2.2.11   Other eligibility conditions

 

Career Transition Assistance Scheme benefits must be accessed and completed within 12 months of termination.

Exception: For members whose service is terminated for medical reasons, the Executive Officer, Career Transition Assistance may authorise an extension.

2.2.12   Members not eligible for assistance

 

A member is not eligible for assistance under the scheme in these situations.

 

a.

If a member’s service is terminated for disciplinary or adverse administrative reasons.

 

b.

If the termination was because of a medical condition that (in the opinion of the CDF) arose from any of these causes.

 

i.

Intentional self-harm.

 

ii.

Due to serious or wilful misconduct, alcohol or drugs.

 

iii.

Unreasonable exposure to an abnormal risk of injury.

 

iv.

A pre-existing medical condition that was known but not disclosed, on enlistment.

 

2.2.13   Preservation or partial use of benefits

1.

If a Career Transition Assistance Level 2 or 3 member does not use a benefit under the Career Transition Assistance Scheme before termination, the member’s benefit is automatically preserved for up to 12 months after termination.

2.

Members must apply for and complete any career transition assistance activity within the 12-month preservation period. The cost of Career Transition Assistance Scheme provisions will be paid once approval has been granted.

Note: There is no eligibility for travel, accommodation and associated costs after termination.

3.

In certain cases, a member may access some Career Transition Assistance Scheme provisions and later receive approval to withdraw their application for termination. In these cases, the member is eligible to access unused provisions when reapplying for termination.

4.

Further qualifying service may make a member eligible for a higher level of assistance.

5.

There is no payment for unused Career Transition Assistance Scheme benefits.

2.2.14   Members who transfer to the Reserves

1.

ADF members who transfer to an active element of the Reserves, and whose major form of post-separation employment is from Reserve service, are not considered to have transitioned into the civilian workforce.

2.

For these members, Career Transition Assistance Scheme provisions are preserved while Reserve service remains the major form of employment. On ceasing Reserve service, benefits are automatically preserved for 12 months from the last day of service.

Note: The preserved benefit does not include the approved absence component.

2.2.15   Compensation cover

1.

Members undertaking activities approved under the Career Transition Assistance Scheme before termination, may be covered for compensation under the Military Rehabilitation and Compensation Scheme.

See: Chapter 11, ADF-related compensation

2.

Members are not to accept any form of remuneration from an organisation/employer for periods of on-job experience/training. Such remuneration may jeopardise any claim for compensation relating to those activities.

3.

Members who access career transition assistance after termination may be covered for compensation by the Military Rehabilitation and Compensation Scheme, if the arrangements are approved under the Career Transition Assistance Scheme.

 

2.2.16   Travel and accommodation for Scheme activities

1.

Travel costs to attend approved Career Transition Assistance Scheme activities will not be paid for members at Levels 1 and 2.

2.

There is limited scope for travel for Level 3 members. The member must justify why they cannot undertake the career transition training in their current or termination location.

3.

Normally, Career Transition Assistance Scheme activities are to be undertaken within one location. In cases where members justify travel, travel at Commonwealth expense will be approved for only one trip to and from one nominated location.

4.

In cases where members cannot undertake approved Career Transition Assistance Scheme activities in their current or termination location, they must submit an itinerary and undertake the activities in a location where Service accommodation is available. If Service accommodation is not available, the member must justify why a location without Service accommodation must be used.

5.

Any Career Transition Assistance Level 3 member who is required to be absent from their normal place of duty or residence for 10 hours or more may be eligible for part-day travelling allowance to attend approved career transition training.

Note: The absence includes time for travel and the approved activity.

2.2.17   Special consideration

 

If the Resettlement Officer believes a member’s circumstances warrant special consideration, the case may be considered by the Executive Officer, Career Transition Assistance.

 


Division 3: ADF transition seminars

2.2.18   About ADF transition seminars

1.

Career transition information and advice are provided at ADF transition seminars. These are held periodically in Australian capital cities and some regional centres. The seminars are designed to aid members in their transition to civilian life, by providing an awareness of various matters requiring consideration before service is terminated.

2.

Members are responsible for planning and initiating transition action at a suitable period before termination. Attendance at seminars assists this planning process. Members may apply at any time during their careers, and may attend several seminars.

3.

Every effort will be made to ensure all nominating members can attend. If there is not enough space, priority is given to members who have applied for termination, regardless of their length of service.

4.

Normally, members attend seminars in their current posting location. If members are posted to a location where seminars are not conducted, they are eligible to apply to attend a seminar at the closest location to their unit.

5.

Members who are unable to attend a local seminar for Service reasons may apply for a seminar outside their posting location. Any travel outside the posting location is limited to the nearest seminar location. Travel costs are a unit responsibility. They are payable only to members who meet all these conditions.

 

a.

The member has applied to terminate their service.

 

b.

The member is Career Transition Assistance Level 3.

 

c.

The member has not previously received travel costs to attend a seminar.

6.

Travel costs paid to a member under subsection 5 are worked out in accordance with the following.

 

a.

For a member who uses accommodation supplied through the Commonwealth's contracted service provider, travel costs and accommodation in accordance with Chapter 9 Part 5 Division 2. Contracted service provider has the meaning given in section 9.0.3, Definitions.

 

See: Chapter 9

Part 5 Division 2, Travel on Defence business using the travel card

Section 9.0.3, Definitions

 

b.

For a member who uses commercial accommodation but who does not meet the requirements of paragraph a, travel costs are paid up to the limits set for the location in Annex 9.5.A.

See: Annex 9.5.A, Amounts for accommodation, meals and incidentals

7.

Members who are on duty or on leave in another seminar location when a seminar is scheduled may be approved to attend the seminar on duty. In this case, Defence will not pay travel costs for the member to attend.

8.

The member's personal Career Transition Assistance Scheme file must be updated when travel costs are paid. This is to prevent further payment of travel costs.


 

9.

Members serving overseas are not permitted to attend a seminar until they return to Australia. Members whose service is being terminated for disciplinary or adverse administrative reasons are not eligible to attend a seminar.

10.

The Regional Transition Committee may approve attendance by the member's spouse or partner at nominated sessions if both these conditions are met.

 

a.

Space is available.

 

b.

There is no cost to the Commonwealth.

 


Division 4: Approved absence for career transition activities

2.2.19   Benefit

1.

Approved absence for career transition activities is subject to the supervisor's agreement. Approved absence may be used for any of these activities.

 

a.

Attendance at appointments with employment agencies for professional employment advice.

 

b.

Interviews with prospective employers.

 

c.

Attendance at career transition training or career transition management coaching approved for Career Transition Assistance Level 2 or 3 members.

See: Division 2 section 2.2.10, Assistance summary, Note 1

 

d.

Attendance at formal training courses approved under the Defence Assisted Study Scheme Level 3.

Note: This is for Career Transition Assistance Level 1 members only.

 

e.

Attendance at on-the-job experience approved under the Career Transition Assistance Scheme. On-the-job experience is work experience which the member undertakes full-time. It must be relevant to the employment they intend to seek after termination.

2.

The member must provide proof of their intention to separate.

See: Division 2 section 2.2.9, Eligibility for assistance

3.

If an eligible member uses the approved absence and then re-engages, any future benefit will be reduced by the amount previously taken. Once a member has exhausted their level of approved periods of absence, there is no further benefit.

Exception: If the member earns more days through sufficient further service, the member will be credited only with the additional days.

4.

To be eligible for approved absence, members must have a credit balance in their personal Career Transition Assistance Scheme file. The amount of credit recorded on this file depends on the member’s length of service. When approved absence is used, the usage must be entered on the member’s personal Career Transition Assistance Scheme file.

5.

Approved absence must be taken in minimum blocks of one day. They do not need to be consecutive days.

 


Division 5: Career transition training

2.2.20   Purpose

 

Career transition training provides access to vocationally-oriented education and training. Eligible members may take vocational training courses for post-termination employment and employment-related work skills.

2.2.21   Career transition training

1.

Career transition training may take either of these forms.

 

a.

Face-to-face tutorial attendance.

 

b.

Courses provided through correspondence or on-line facilities.

2.

The training must be a formal course which has all these attributes.

 

a.

Structured and provided by a qualified training firm.

 

b.

A schedule of training and a syllabus for each subject.

 

c.

Recognised or accredited by employers.

3.

Any vocationally-oriented course, or recognised course segment, within the Australian qualifications framework may be approved as career transition training. It must meet policy requirements, particularly regarding the extent of training and that it is essential for the member’s career transition.

4.

Only career transition training that can be completed during the 12-month preservation time limit may be funded.

Example: A postgraduate diploma.

2.2.22   Approved absence for career transition training

1.

Depending on their length of qualifying service, under the Career Transition Assistance Scheme members may take up to 23 days’ approved absence from the workplace to attend a training course. Any additional time for attendance must be when not required for duty.

See: Division 2 section 2.2.10, Assistance summary, table item 4

2.

Approved absence is not leave. Members are on duty.

 

2.2.23   Benefit

 

Eligible members are eligible to these maximum amounts for career transition training.

 

Item

Assistance level

Maximum ($)

1.

1

Nil

 

2.

2

1,100

 

3.

3

4,400

 

 

 

Exception: The Executive Officer, Career Transition Assistance may approve more expensive training courses for Career Transition Assistance Level 3 members in these two cases.

 

a.

If a specific qualification or licence is required by the industry regulatory body of the members’ intended field of employment.

 

b.

In exceptional cases, where there is no industry regulatory body. The member's application must include evidence supporting the essential nature of the training requirement.

2.2.24   Conditions for approval

1.

Career transition training must be specifically aligned to post-termination employment.

2.

The training should be aligned to transferring the skills and experience gained from the member’s ADF career to the civilian sector. A member whose career transition training objectives are broadly consistent with the member’s Service training, expertise or employment is considered to be meeting this criteria.

3.

If a member’s career transition goals are different from their Service employment or training, or if the training sought is expensive, they should demonstrate the genuine nature of their intentions as follows.

 

a.

By having obtained some relevant initial qualifications at their own expense or through the Defence Assisted Study Scheme.

 

b.

By extensive association with the activity as a hobby or part-time business or employment.

4.

In the cases described in subsection 3, the member must justify the request.

2.2.25   Essential training

1.

The career transition training sought must be essential for a member's effective career transition to suitable employment. This means employment or self-employment from which they will derive the major portion of their non-pension income after termination.

2.

The training will be assessed on the extent to which it is a requirement for employment or self-employment in that field.

3.

A member who has secured suitable employment is deemed to be successfully transitioned and has no eligibility for career transition training.


 

4.

Training will only be approved if the qualifications sought are the minimum necessary for the applicant to be competitive for employment in the intended industry. The requirements of individual employers seeking to employ people holding specific qualifications will be taken into account, but their requirements are not automatic grounds for approval.

5.

Attendance at more than one training course will only be approved if the training courses lead to one career transition goal. Training will not be approved if members seek training in divergent areas.

2.2.26   Training costs

1.

Defence will only cover costs associated with actual training.

Examples: Mandatory course manuals, equipment hire if it is an integral part of the course costs.

2.

The Commonwealth will not pay for any of these items.

 

a.

Books.

 

b.

Equipment.

 

c.

Licences.

 

d.

Membership subscriptions for a professional organisation or trade union.

3.

If members are required by a franchiser to undertake compulsory training by the franchiser, the cost of the course is regarded as a capital expense in establishing the business. The cost of the training will not be approved. Members may use approved absence under the Career Transition Assistance Scheme to undertake the training as on-the-job experience.

2.2.27   Ending career transition training early

 

Members who choose to end an approved period of career transition training early must notify the Resettlement Officer. The remaining period of approved absence from the workplace will be re-credited. It may be taken later if required.

2.2.28   Overseas training

1.

Career transition training may be approved at an overseas location in these situations.

 

a.

The member has a firm job offer for which the particular training is essential and is not available in Australia.

Note: The member must show why the training should not be the responsibility of the future employer.

 

b.

The member is serving in an overseas posting location and intends to live in that location on termination.

Note: There is no eligibility for travel costs.

2.

International fares for overseas travel are payable by the member. Overseas travel costs are payable at the rate for the training location, subject to the requirements of section 2.2.16.

See: Division 2 section 2.2.16, Travel and accommodation for Scheme activities


Division 6: Career transition management coaching

2.2.29   Benefit

1.

Members unsure of their intended field of employment after termination may apply for career transition management coaching. This is also known as outplacement counselling.

2.

This table outlines members' benefits.

 

Item

If the member is at Career Transition Assistance Level...

then they may access coaching to a value
of ($)...

1.

2

1,100

2.

3

2,820

 

3.

If eligible members choose career transition management coaching, they may not access career transition training. They may access on-the-job experience and approved absence.

Exception: Members who have left the ADF compulsorily for either of these two reasons are eligible to access both career transition training and career transition management coaching.

 

a.

Medically unfit to continue service.

 

b.

To meet the needs of the Service (ie declared redundant). This is known as management-initiated early retirement (MIER).

4.

The following services are allowable in a career transition management coaching package.

 

a.

Identification of transferable skills.

 

b.

Stress management.

 

c.

Job options and job placement advice.

 

d.

Job search strategies.

 

e.

Coaching to develop a curriculum vitae.

 

f.

Interview skills/personal presentation at interview.

 

g.

Developing a career transition plan.

 

Note: Not all services need to be included.

5.

Curriculum vitae coaching may be provided as part of career transition management coaching. Members may prefer to receive curriculum vitae coaching from a separate provider. Defence will fund curriculum vitae coaching only once.

 


Division 7: Curriculum vitae coaching

2.2.30   Benefit

1.

Members at Career Transition Assistance Level 2 or 3 are eligible to access curriculum vitae coaching by a professional firm. The purpose of curriculum vitae coaching is to teach members how to develop their own curriculum vitae. This is up to a maximum cost of $253.

 

Note: This maximum cost will be reviewed from time to time (usually annually) having regard to movement in the Consumer Price Index.

 

See: Division 2 section 2.2.10, Assistance summary, table item 6

2.

Curriculum vitae coaching may only be accessed once during a member’s service.

3.

Members are advised to access this benefit within 12 months of their intended separation date. This is so they are able to develop an effective curriculum vitae at the time of termination.

 


Division 8: Financial counselling

2.2.31   Benefit

1.

A member is eligible for financial counselling if they have left the ADF compulsorily for any of these reasons.

 

a.

Medically unfit to continue service.

 

b.

To meet the needs of the Service (ie declared redundant).

See: Chapter 2 Part 3 Division 1, Redundancy

 

c.

Management-initiated early retirement.

2.

The member may receive professional financial counselling up to $518.

 


Part 3: Leaving the ADF: Redundancy and gratuities

2.3.1    Overview

 

This Part contains guidelines for members leaving the ADF. It outlines benefits related to redundancy and gratuities.

 

See also: Chapter 5 Part 4 Division 8, Payment or transfer of recreation leave credit

2.3.2    Contents

 

This Part includes the following Divisions:

 

Division 1

Redundancy

 

Division 2

Gratuities on retirement and invalidity

 

Division 3

Special benefit payment management-initiated early retirement

 

Division 4

Additional transition period

 


Division 1: Redundancy

2.3.3    Purpose

 

The purpose of this Division is to provide financial benefits for members of the Permanent Forces who are declared redundant.

2.3.4    Member this Division applies to

 

This Division applies to a member who meets both these conditions.

 

a.

The member ceases to be a member of the Permanent Forces when declared redundant. This is in accordance with arrangements approved by the Minister.

 

b.

The member has completed more than two years of continuous full-time service.

2.3.5    Benefit

1.

On the day the member ceases to be a member of the Permanent Forces as a result of being declared redundant, the member is entitled to these amounts.

 

a.

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

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

 

b.

A pro rata payment for each part-year of such service completed.

 

c.

A fortnight’s salary for each completed year of continuous full-time service in the ADF that is not recognised for long service leave accrual.

Note: This is likely to be earlier ADF service done before a break in service of more than one year.

 

d.

A pro rata payment for each completed part year of ADF service that is not recognised for long service leave accrual.

2.

Certain periods must be excluded from the calculations in subsection 1. These periods are those included by the Commonwealth or any employer in the calculation of a payment of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.

3.

The amount payable under subsection 1 must not be more than 48 weeks’ salary.

4.

However, a member’s compulsory retirement age might be less than 48 weeks from the day they leave the Permanent Forces, as a result of being declared redundant. In these cases, the amount payable is salary for that shorter period.

5.

In this section, salary includes any of the following.

 

a.

Higher duties allowance.

Exception: Higher duties allowance is not payable if the period of higher duties performed on the day the notice of redundancy was received was less than 12 continuous months.

See: Chapter 4 Part 1, Higher duties allowance


 



 

b.

Service allowance.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.2

 

c.

Special Forces disability allowance.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.12

 

d.

Clearance diver allowance.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.14

 

e.

Maritime disability allowance.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9

 

f.

Unpredictable explosives allowance.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.15

2.3.6    Additional payment

1.

This section applies to a member who meets both these conditions.

 

a.

The member is given written notice of the redundancy.

 

b.

The member then ceases service at the member’s own request during the notice period.

2.

The member must be paid an additional amount for any unserved part of the notice period agreed upon under section 83 of the Defence (Personnel) Regulations 2002. This amount is to be paid at the rate the member would receive had they taken pay instead of recreation leave.

3.

In this section, salary includes service allowance.

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.

 

Example: A member is given written advice that their redundancy is to take place on 1 June. The member has another job offer, and is given permission to cease service on 15 May in order to start that employment. The member must be paid an amount equal to a payment instead of recreation leave for the period 16 May to 1 June.

2.3.7    Amount repayable if member continues service

 

The member must repay to the Commonwealth the amount previously paid to the member under this Division, if all these conditions are met.

 

a.

They have been paid an amount under this Division as a result of being declared redundant.

 

b.

They begin a further period of continuous full-time service within one year of ceasing to be a member because of their redundancy.

 

c.

The Minister did not authorise the further period of continuous full-time service.


Division 2: Gratuities on retirement and invalidity

2.3.8    What is a gratuity?

1.

A gratuity is a one-off payment made by the Defence Force Retirement and Death Benefits Authority (DFRDB) to ADF members.

2.

The payment is made to the member when all these conditions apply.

 

a.

They are leaving the ADF.

 

b.

They are an eligible former member for the purposes of the Defence Force Retirement and Death Benefits Act 1973 (the DFRDB Act).

 

c.

They are not eligible to retirement pay, invalidity benefit or preservation benefits under the DFRDB Act.

Exception: In certain cases a gratuity is payable to a member who is retired with a class C invalidity benefit under the DFRDB Act but who is not entitled to invalidity pay.

2.3.9   About gratuities

1.

The gratuity is payable to a member on the basis of the number of completed years of eligible service.

2.

When a member is eligible for a gratuity at different rates for different periods of eligible service, the member receives the appropriate rate per annum for the exact period of service completed for all except the most recent period, which is calculated to the last completed year of eligible service.

3.

The DFRDB Authority may pay a gratuity to a person other than the member only in these cases.

 

a.

The member is mentally ill and incapable of managing their affairs.

 

b.

The member is in prison.

 

c.

The member has a disability.

2.3.10   Member this Division applies to

1.

This Division applies to eligible former members, as defined under the DFRDB Act. The DFRDB scheme is a closed scheme and therefore this Division has a limited life.

2.

For the definition of eligible service, a person is taken to be a member on continuous
full-time service for a period if both these conditions apply.

 

a.

Under subsection 63 (1) of the DFRDB Act, that Act applies to the person as if the person had not retired, and as if the person were on leave without pay, for the period.

 

b.

Deferred benefits were applicable to the person under the DFRDB Act and cease to be applicable under section 83 of that Act.

 

2.3.11   Definitions

 

This table outlines the definitions used in this Division.

 

Term

Meaning in this Division

Eligible service

Continuous full-time service by the member, when a contributor under the DFRDB Act.

Exception: Eligible service does not include a period of previous service if a member made an election to purchase previous non-contributory service under subsection 27 (1) of the Defence Force Retirement Benefits Act 1948 or under subsection 83 (3) of the Defence Force Retirement Benefits Act 1959.

Non effective service

A period of eligible service exceeding 21 consecutive days when a member is:

§  on leave without pay.

§  absent without leave.

§  in custody, under suspension, awaiting or undergoing trial on a charge in which the member is later convicted and imprisoned, or otherwise detained or undergoes field punishment.

§  serving a period of imprisonment or other detention or undergoing field punishment

Officer

In this Division, officer includes Midshipmen and Officer Cadets.

Retirement

Retirement as a member of the Defence Force. This includes termination of appointment as an officer of, or discharge from, the Defence Force.

2.3.12   Gratuity for officers

1.

This section applies to an officer who meets all these conditions.

 

a.

The officer is not eligible on retirement to retirement pay, or invalidity benefit, under the DFRDB Act.

 

b.

They have completed 10 years’ eligible service and retire on or after attaining the compulsory retiring age for rank.

 

c.

They have completed 12 years’ eligible service and retire to meet the needs of the Service before attaining the compulsory retiring age for rank.

2.

On retirement, the member is eligible to a gratuity at the rate of $240, for each completed year of eligible service.

3.

A member’s period of eligible service may include a period served as a member other than an officer. In this case, the gratuity is $100 a year, for the completed years of eligible service as a member other than an officer.

2.3.13   Gratuity for certain fixed tenure appointment officers and others

1.

This section applies to an officer who meets these conditions.

Exception: An officer in this section does not include a medical officer or dental officer.

 

a.

The officer is a member of the Permanent Forces.


 

 

b.

The officer is serving under a fixed tenure appointment, including an extension of a fixed tenure appointment.

Note: A fixed tenure appointment was formerly known as a short service commission.

2.

On retirement, the member is eligible to a gratuity worked out at the rate of $100 for each completed year of eligible service.

3.

A member’s period of eligible service may include a period served as a member other than an officer. In this case, the gratuity is the sum of these amounts.

 

Item

If the officer...

then the benefit is...

1.

completed 12 years eligible service before appointment as an officer

$100 for each year of eligible service completed before appointment.

2.

has not completed 12 years' eligible service before appointment as an officer

§  $40 for 1 completed year of eligible service.

§  $80 for 2 completed years of eligible service.

§  $120 for 3 completed years of eligible service.

§  $160 for 4 completed years of eligible service.

§  $200 for 5 completed years of eligible service.

§  $240 for 6 completed years of eligible service.

§  $340 for 7 completed years of eligible service.

§  $440 for 8 completed years of eligible service.

§  $540 for 9 completed years of eligible service.

§  $760 for 10 completed years of eligible service.

§  $980 for 11 completed years of eligible service.

2.3.14   Gratuity for other ranks

1.

This section applies to a member (other than an officer) who is not entitled to retirement pay, or invalidity benefit, under the DFRDB Act.

2.

The member is eligible on retirement to a gratuity set out in this table.

 

Item

If the member has...

then the benefit is...

1.

completed 12 years’ eligible service

$100 for each completed year of eligible service.

2.

not completed 12 years’ eligible service

§  $40 for 1 completed year of eligible service.

§  $80 for 2 completed years of eligible service.

§  $120 for 3 completed years of eligible service.

§  $160 for 4 completed years of eligible service.

§  $200 for 5 completed years of eligible service.

§  $240 for 6 completed years of eligible service.

§  $340 for 7 completed years of eligible service.

§  $440 for 8 completed years of eligible service.

§  $540 for 9 completed years of eligible service.

§  $760 for 10 completed years of eligible service.

§  $980 for 11 completed years of eligible service.


2.3.15   Invalidity benefits

1.

This section applies to a person who becomes eligible to an amount of invalidity benefit under subsection 32 (2) of the DFRDB Act. This refers to retirement of a member on the ground of invalidity, or of physical or mental incapacity to perform their duties.

2.

If the person was an officer immediately before retirement, the person is entitled to a gratuity worked out at the rate of $150 for each completed year of eligible service.

3.

If the member’s period of eligible service includes a period served as a member other than an officer, the gratuity is $100 a year for the period of eligible service as a member other than an officer.

4.

A person will receive the gratuity amount in section 2.3.12, Gratuity for officers, if both these conditions apply.

 

a.

The person retired on or after attaining the compulsory retiring age for rank.

 

b.

The person would have been eligible for a gratuity if they had not retired on the grounds of invalidity.

5.

If the person was a member other than an officer immediately before retirement, the person is eligible to a gratuity of $100 for each completed year of eligible service.

6.

A person may become eligible for a gratuity under this section on reclassification as Class C, under section 34 of the DFRDB Act. In this case, the amount of gratuity must be reduced. The reduction amount is the difference between these two amounts.

 

a.

The total amount of invalidity pay received by the person under the DFRDB Act.

 

b.

The amount that would have been payable under subsection 32 (2) of the DFRDB Act, if the person had been classified Class C on retirement.

7.

If a member is already paid a gratuity under this Division, the invalidity benefit will be reduced by the gratuity amount already paid.

2.3.16   Gratuity not payable

 

A member is not entitled a gratuity under this Division in these cases.

 

a.

The member is not paid invalidity benefit because of the operation of section 27 or 29 of the DFRDB Act.

 

b.

For a period of eligible service where transfer value is payable under section 77 of the DFRDB Act.

 

c.

For a period of eligible service where deferred benefits are applicable.

Exception: When Deferred benefits cease to be applicable because of the operation of subsection 78 (6) of the DFRDB Act.

 

2.3.17   Reduction of amount for non-effective service

1.

The amount of retiring gratuity payable to a member will be reduced pro-rata if

their period of eligible service includes one or more periods of non-effective

service. The retiring gratuity which would otherwise be payable to the member will

be reduced under the formula set out in this section.

2.

This section applies when both these conditions are met. 

 

a.

A member’s period of eligible service includes periods of non-effective service.

 

b.

A member’s period of eligible service is no more than the sum of these two periods.

 

i.

The member’s completed years of eligible service.

 

ii.

The total of the periods of non-effective service.

3.

The amount of gratuity to which the member would, but for this section, be eligible for under this Part must be reduced under this formula.

 

A x (B – C)

 

B

 

 

A is the amount of gratuity to which the member would, but for this section, be eligible for under this Part.

B is the member’s completed years of eligible service.

C is the period by which the sum of the periods in subparagraphs 2.b.i and ii exceeds the member’s period of eligible service.

2.3.18   Repayment if a member rejoins

1.

This section applies if a person meets any of these conditions.

 

a.

They have been paid a gratuity under this Division.

 

b.

Before 6 January 2000 (the date when Determination 2000/1, Condition of Service, commenced), under Determination 0705, Gratuities, either of these situations applied.

 

i.

The member was entitled to invalidity pay under section 37 of the DFRDB Act or on a review or appeal under Part XI of that Act.

 

ii.

The member was a person to whom the DFRDB Act applies because of the operation of section 63 of the Act.

 

Example:

A member joins the ADF on 1 May 1991 under the DFRDB scheme.

The member is discharged on 30 April 2004, after 13 years' service. The member receives their member's contributions and gratuity.

The member re-enlists on 1 July 2004. Section 63 of the DFRDB Act provides that a member who rejoins within 90 days of leaving becomes a DFRDB member again. The DFRDB Authority allows the member's retirement to be disregarded. The Act applies as if the member had not retired and the period 30 April to 1 July 2004 had been leave without pay.

2.

The member must repay the gratuity to the Commonwealth.


 

3.

The amount recoverable may be paid in a lump sum. The CDF may also approve the amount to be paid in instalments. The CDF must consider these criteria.

 

a.

The person’s salary.

 

b.

The total amount to be repaid.

 

c.

Any remaining period of service.

2.3.19   Related provisions of the DFRDB Act

 

This table outlines the DFRDB Act provisions related to this Division.

 

Part

Part title

Section

I

Preliminary

§  3 Interpretation

III

Contributions

§  21 Purchase of previous non-contributory service

V

Invalidity benefits

§  27 Incapacity due to wilful action

§  29 Invalidity or incapacity arising during absence without leave exceeding 60 days

§  32 Class C invalidity benefit

§  34 Reclassification in respect of incapacity

§  37 Service Chief may inform authority of grounds of retirement

VII

Candidates at Parliamentary elections

§  52 Effect of election under section 51 (Election by re-instated candidate)

§  53 Refund of benefits by re-instated candidates to whom this Part applies

§  55 Rights of contributing members who resign to contest elections and are not re-instated

VIII

General provisions applicable to contributions and benefits

§  59 Instalments of pension benefits

§  63 Non-recipient retired member who again becomes an eligible member within 90 days

IX 

Division 3 (Preservation of rights of contributing members ceasing to be eligible

members of the Defence Force)

§  77 Circumstances in which transfer value payable

§  78 Circumstances in which person entitled to deferred benefits

§  83 Person entitled to deferred benefits again becoming a member etc. before benefits payable

X

Contributors under previous benefits scheme etc

§  89 Purchase of previous non-contributory service

§  90 Elections to become contributors by certain members

XI

Review of decisions of Authority

§  99 Review of decisions of Authority

 


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.

 

Division 4: Additional transition period

2.3.26   Additional transition period

1.

The CDF or a Service Chief may approve payment of certain benefits to a former member for a period, having regard to the following considerations.

 

a.

Whether the period is necessary to provide the member with a reasonable period of transition assistance to adjust to the end of their career in the Permanent Forces.

 

b.

The period for which the benefits are usually made available to a member ceasing service on the same grounds as the former member.

2.

Approval under subsection 1 may extend for a period of up to four months and is taken to start from the day that the member ceases service in the Permanent Forces.

2.3.27   Benefits during additional transition

1.

Benefits approved during an additional transition period may include any of the following.

 

a.

Benefits under the career transition assistance scheme.

 

 

See: Part 2, Leaving the ADF: Career Transition Assistance Scheme

 

b.

Removal.

 

 

See: Chapter 6, ADF relocation on posting in Australia

 

c.

Continuation of housing assistance.

 

 

See: Chapter 7, ADF housing and meals

 

d.

Medical, psychological and dental services and treatment; or reimbursement for equivalent private services if ADF services and treatment cannot be supplied.

2.

Other benefits and conditions of service such as salary, salary-related allowances and leave may not be paid for the additional transition period under this Division.

 

Chapter 3: ADF salaries and bonuses

3.0.1    Overview

1.

This Chapter deals with salary structures, pay scales, increments and related conditions of service for ranks of the ADF.

2.

It also deals with superannuation and retention benefits, overpayments and recovery of them, and payments during detention.

3.0.2    Contents

 

This Chapter includes the following Parts.

 

Part 1

Salaries

 

Part 2

Administration of salaries

 

Part 3

Salary packaging

 

Part 4

Overpayments and recovery

 

Part 5

Retention and completion benefits

 

Part 6

Deliberately differentiated offer for members

 

Part 7

Salary and allowances when a member is absent without leave, in civil custody or undergoing a period of detention or imprisonment

 

 


Part 1: Salaries

 

 

This Part is reserved for publication in the ADF Pay and Conditions Manual of DFRT Determination No. 2 of 2017, Salaries, made under section 58H of the Defence Act 1903.

 


Part 2: Administration of salaries

3.2.1    Overview

1.

This Part deals with the administration of salary for members of the Permanent Forces and Reserves. It explains general aspects of salary, including when salary is paid, commencement salary, increments and other related matters.

2.

This Part should be read together with DFRT Determination No. 2 of 2017, Salaries, and other relevant determinations made by the DFRT under section 58H of the Act.

See: Part 1, Salaries

3.2.2   Contents

 

This Part includes the following Divisions.

 

Division 1

About salaries

 

Division 2

Commencement salary

 

Division 3

Increments

 

Division 4

Specialist Officer – increment and competency arrangements

 

Division 5

Salary non-reduction provisions

 

Annex 3.2.A

Transitional increment conversion table for Reservists

 

Annex 3.2.B

Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower

 

Annex 3.2.C

Salary non-reduction – Flight test engineers

 

Annex 3.2.D

Salary non-reduction – Officers


Division 1: About salaries

3.2.3   Purpose

 

The purpose of this Division is to explain the principles for administration of salaries set by the DFRT.

3.2.4   ...
3.2.5   Time for payment of salary for a member on continuous full-time service

 

Subject to section A.1.4 of DFRT Determination No. 2 of 2017, Salaries, the salary of a member starts on the day on which the member begins continuous full-time service and ends on midnight on whichever of the following days is relevant to the member's situation.

 

a.

For an officer — on the day on which the member resigns, retires, or their appointment or services are terminated.

 

b.

For Warrant Officer Class 1 and an other rank member — on the day on which the member is discharged, retired or terminated.

 

c.

In the case of a member who is seconded for service with another Government department or civil employment, the day before the member starts the secondment.

 

d.

In the case of a member who transfers to the Reserves, the day immediately before the transfer.

3.2.6   Method of payment of salary for a member on continuous full-time service

1.

Salary may be paid to members every 14 days (a fortnight).

2.

Payment of salary and allowances to a member is made by electronic funds transfer into a financial institution advised by the member.

3.2.7   Administration of salary and allowances

1.

The fortnightly rate of an allowance provided under this determination is worked out by the following steps.

 

Step

Action

1.

Find the annual rate of salary and allowance payable to the member.

2.

Divide the rate in Step 1 by 365.

3.

Multiply the result of Step 2 by fourteen.

4.

The result of Step 3 is the fortnightly rate of allowance that applies to the member.

 


 

2.

The daily rate of salary or higher duties allowance payable to a member is either of the following rates.

 

a.

In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate.

 

b.

In any other case — one fourteenth of the fortnightly rate.

3.

To calculate the pro rata daily rate of the allowances listed in the table below use either of the following.

 

a.

In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate.

 

b.

In any other case — one fourteenth of the fortnightly rate.

 

Item

Allowance

Reference

1.

ADF district allowance

Chapter 4 Part 4 Division 1 and Division 2

2.

Antarctic allowance

Chapter 4 Part 4 Division 6

3.

(Antarctic) Common duties allowance

Chapter 4 Part 4 Division 7

4.

Antarctic parity allowance

Chapter 4 Part 4 Division 8

5.

Child allowance – member posted before 1 July 2017

Chapter 15 Part 2 Division 4

5A.

Child supplement allowance – member posted on or after 1 July 2017

Chapter 15 Part 2A Division 4

6.

Child reunion allowance – member posted before 1 July 2017

Chapter 15 Part 2 Division 5

7.

Cost of living adjustment – member posted before 1 July 2017

Chapter 15 Part 2 Division 2

7A.

Cost of living adjustment – member posted on or after 1 July 2017

Chapter 15 Part 2A Division 2

8.

Hardship allowance – member posted before 1 July 2017

Chapter 16 Part 2

8A.

Location allowance – member posted on or after 1 July 2017

Chapter 16 Part 2A

9.

Higher duties allowance

Chapter 4 Part 1

10.

Port Wakefield allowance

Chapter 4 Part 4 Division 3

11.

Post adjustment – member posted before 1 July 2017

Chapter 15 Part 2 Division 3

11A.

Cost of post adjustment – member posted on or after 1 July 2017

Chapter 15 Part 2A Division 3

12.

Scherger allowance

Chapter 4 Part 4 Division 4

13.

Trainee's dependant allowance

Chapter 4 Part 8 Division 1

14.

Uniform allowance

Chapter 10 Part 1

 

 

See: Chapter 12 Part 3
Section 12.3.9A, Member posted before 1 July 2017
Section 12.3.9B, Member posted on or after 1 July 2017


 

4.

For each of the allowances listed in a row of the following table, that row also sets out the method for working out the pro rata daily rate of the allowance.

 

Item

The pro rata daily rate of...

for...

is...

1.

Language allowance

any member

the annual rate divided by 365.

2.

Rent allowance

any eligible member not on part-time leave without pay

one fourteenth of the rate set out in Chapter 7 Part 8 Division 4 section 7.8.19, Working out rent allowance.

See: For part-time leave without pay, Chapter 7 Part 8 Division 5 section 7.8.35, Member on part-time leave without pay

 

 

Note: The methods set out in this section work out daily rates from annual rates. They do not override daily rates of allowance that are expressly specified in a determination.

5.

Fortnightly and daily totals may be rounded to the nearest cent.

6.

The rounded daily rate is not used to calculate an amount for two or more days in the pay fortnight. The unrounded figure is used instead. The total figure is then rounded to the nearest cent.

3.2.8   Pro rating contributions

1.

The following table applies if both the following conditions are met.

 

a.

A member is entitled to a benefit which has a condition requiring a rate of contribution to be made in relation to a set time period.

 

 

Example: A fortnightly rate of contribution.

 

b.

A rate needs to be calculated for a period that is less than the prescribed time period.

 

 

Example: A contribution is prescribed as a fortnightly rate. The member only gets a benefit for three days because their service starts or ends during the fortnight. The member is only required to contribute for the days on which they get the benefit.

 

 

Exception: A period of part-time leave without pay.

See: Subsection 2.

 


 

Item

If the member is provided with…

and must pay...

then their daily rate of contribution is…

1.

living-in accommodation

living-in accommodation contribution

one fourteenth of the relevant rate listed in Chapter 7 Part 4 Annex 7.4.B, Rates of contribution for living-in accommodation.

2.

contribution for meals

one fourteenth of the relevant rate listed in Chapter 7 Part 9 Division 1 subsection 7.9.6.3, Fortnightly meal charges.

3.

contribution for utilities

one fourteenth of the rate listed in Chapter 7 Part 10 subsection 7.10.9.1, Contribution for utilities – member living-in.

4.

Service residence

Service residence contribution

one fourteenth of the relevant rate listed in Chapter 7 Annex 7.A, Contributions for Service residence or rent band choice accommodation.

5.

contribution for water

one fourteenth of the rate listed in Chapter 7 Part 10 subsection 7.10.7.2, Contribution for water – Service residence.

6.

contribution for energy costs

one fourteenth of the rate listed in Chapter 7 Part 10 subsection 7.10.8.2, Contribution for energy costs – Service residence.

7.

Rent allowance residence

rent allowance contribution

one fourteenth of the relevant rate listed in Chapter 7 Annex 7.D, Contributions for rent allowance.

 

2.

The amount of contribution a member is required to pay may be increased if the member is granted part-time leave without pay. The table below points to further information.

 

Item

If the member is provided with…

and must pay...

then their daily rate of contribution while on part-time leave without pay is…

1.

living-in accommodation

living-in accommodation contribution

set out in Chapter 7 Part 4 Division 4 section 7.4.26, Member on part-time leave without pay (living-in accommodation).

2.

contribution for meals

the relevant rate listed in Chapter 7 Part 9 Division 1 subsection 7.9.6.3, Fortnightly meal charges.

3.

contribution for utilities

the same rate listed in Chapter 7 Part 10 subsection 7.10.9.1, Contribution for utilities – member living-in.

4.

Service residence

Service residence contribution

as set out in Chapter 7 Part 6 Division 9 section 7.6.51, Member on part-time leave without pay (Service residence).

5.

contribution for water

the same rate listed in Chapter 7 Part 10 subsection 7.10.7.2, Contribution for water – Service residence.

6.

contribution for energy costs

the same rate listed in Chapter 7 Part 10 subsection 7.10.8.2, Contribution for energy costs – tied or Service residences.


 

Item

If the member is provided with…

and must pay...

then their daily rate of contribution while on part-time leave without pay is…

7.

Rent allowance residence

rent allowance contribution

as set out in Chapter 7 Part 8 Division 5 section 7.8.35, Member on part-time leave without pay.

 

3.

A member occupying a Service residence or rent allowance residence who is granted part-time leave without pay must notify Defence Housing Australia of the details of that grant in writing.

 

See: Chapter 1 Part 5 section 1.5.3, Change in member's circumstances

4.

Part-time leave without pay has no effect on payment of casual meal charges.

 

See: Chapter 7 Part 9 Division 1 subsection 7.9.11.1, Member on leave without pay

3.2.9   Death or presumed death of member

 

If a member dies or is missing and presumed dead, the member may be taken to have ceased continuous full-time service.

Related Information: Chapter 1 Part 6 section 1.6.5, Effect of death on eligibility for salary and allowances

3.2.10   ...
3.2.11   ...
3.2.12   ...
3.2.13   Reserve member taken to be attending for duty

 

A member is taken to be on duty in the circumstances and corresponding periods described in the table.

 

Item

If a member is...

they will be taken to be on duty for the period starting...

and ending...

1.

directed to attend away from their normal place of duty

at the start of the journey from where the member normally lives

when the member commences duty in the other location.


 

Item

If a member is...

they will be taken to be on duty for the period starting...

and ending...

2.

returning to the place they normally live after attending for duty away from it

at the start of the return journey to the place where the member normally lives

when the member arrives at the place they normally live.

Example: A member of the Reserves travels from Canberra to Melbourne for a training course. While travelling to Melbourne they are taken to be on duty. While on the course they are on duty. While travelling home they are on duty.

3.

admitted to hospital while parading for approved duty

the day when they are admitted to hospital

on the earlier of the following days:

a. the day when they are discharged from hospital; or

b. the first day that one of dates in item 4 occurs.

4.

on a period of medical absence due to illness or injury arising out of and immediately following a period of Reserve duty

the day that the Commanding Officer approves as the first day of the medical absence

on the earliest of the following days:

a. the day:

i. the period of medical absence authorised has passed; and

ii. the member has been cleared for duty by a service medical officer;

b. the day the Department of Veterans' Affairs commences payment to the member;

c. the day the member starts civilian employment or receives sick leave payment from a civilian employer;

d. a day for which sick leave is payable by the member's employer;

e. the day the member receives unemployment or a similar benefit from Centrelink;

f. the day the member has recovered from their injury and parades with their unit; or

g. the day the Department of Veterans' Affairs notifies the member that it has rejected the claim.

 

3.2.14   Reserve member attending for duty in special circumstances

1.

This section applies to a member on Reserve service.

 

2.

The CDF may deem a member to be required and attending for duty while they are recuperating following a period of intense activity associated with an exercise, operation or deployment.

 

 

Example: On return from an exercise all members on continuous full-time service are granted a period of short leave to physically recover. A Reserve member is not eligible for the leave, but may be deemed to be on duty for an equivalent period.

 

3.

The CDF may deem a member to be required and attending for duty when they are required to be away from their home location over a non-working day in order to perform duties during the days immediately before or after. For this subsection a non-working day is a weekend, a public holiday or a rostered day off.

 

 

Example: A Reserve member from Melbourne performs two weeks' duty in Townsville but is only required to attend for duty from Monday to Friday each week. The decision-maker deems the member to be required and attending for duty for the Saturday and Sunday instead of being returned to their home location.

 

 

Note: A member deemed under subsections 2 or 3 is eligible for remuneration at their daily rate of salary.

 

 

Exception: This exception applies to a member who performs duty for another employer while deemed to be required and attending for Reserve duty. If the member is paid for that duty the member is not eligible for payment under this section. A member who is on paid leave from another employer is eligible for payment under this section.

 

4.

A Reserve Chaplain may be placed on a Notification Team roster by one of the following decision-makers, according to the member's Service.

 

 

a.

For Navy — Director General Chaplain – Navy.

 

b.

For Army — Principal Chaplain – Army.

 

c.

For Air Force — Director General Personnel – Air Force.

 

Note: DFRT Determination No. 2 of 2017, Salaries, section A.1.5 and subsection B.3.4.4, applies to calculating the salary entitlement.

 

 

Authority: Defence Casualty and Bereavement Support Manual, Chapter 1, Casualty notification of Defence Members.

 

5.

A Reserve Chaplain on a Notification Team roster is deemed to be attending for duty between the first and last day of each period that they are rostered on the Notification Team roster.

 

3.2.15   Reserve Assistance Program attendance

 

The following arrangements apply to a member of the Reserves who attends a session under the Reserve Assistance Program.

 

a.

If all the following conditions are met the member is taken to be on duty for the period of the session.

 

i.

The member counts their attendance time against the days of duty approved in their annual training commitment.

 

ii.

The session is the member's first session to discuss an issue.

 

iii.

The session and associated travel time are counted against the member's limits in section 8.10.3.

See: Chapter 8 Part 10 section 8.10.3, Counselling sessions

 

 

Note: A member who attends a session must still meet the specified time periods set out in DFRT Determination No. 2 of 2017, Salaries, section A.1.5 and subsection B.3.4.4 to be paid. See Part 1 Part A section A.1.5, Salary for Reserve Service, and subsection B.3.4.4, Rate of salary for a specialist officer.

 

b.

For sessions that do not meet the conditions in paragraph a the member is not taken to be on duty.

 

See: Chapter 8 Part 10, Reserve Assistance Program

3.2.16   Member to keep records of Reserve days

1.

This section applies to a member who performs Reserve service on a day.

2.

The member must notify in writing of the hours that they perform duty, including start and end times. This is to be done using the form provided in Defence’s electronic personnel pay system if it is available.

 

Note: This information is needed to allow calculation of the amount to be paid to the member. A member who does not advise their hours of duty will not be paid salary and allowances. Special provisions may apply if a member is unable to notify.

 

See: Chapter 1 Part 6

Section 1.6.3, Payment of an amount to a person under legal disability

Section 1.6.4, Payment of amounts on death of a member

3.2.17   Method of payment of salary and allowances for a member on Reserve service

1.

Salary may be paid to a member on Reserve service every 14 days (a fortnight).

2.

A Commanding Officer may approve a salary payment outside of the fortnightly pay cycle, if the Reserve member can demonstrate exceptional circumstances or hardship.

3.

Payment of salary and allowances to a member is made by electronic funds transfer into a financial institution advised by the member.

3.2.17A  ...

Division 2: Commencement salary

3.2.18   Purpose

 

The Division describes how to work out the rate of salary that may apply to a member at various points in their career.

3.2.19   Salary on enlistment or appointment

1.

On the day a member is enlisted or appointed, salary becomes payable to the member at the minimum rate for the member's rank at the relevant pay grade.

 

Exception 1: The CDF may approve a salary above the minimum rate in the salary scale for a member because of their experience, qualifications and skills.

 

Exception 2: The member may be paid at a higher rate if another section in this Division authorises it.

 

Note: This does not apply to a member on training rates.

See: Section 3.2.26, Salary rate for training – start and advancement dates

2.

The discretion in exception 1 to subsection 1 does not apply to an officer appointed to an ordinary entry-level rank listed in the following table.

 

Item

Service

Ordinary entry-level officer rank

1.

Army

Officer Cadet (OCDT)

2.

Air Force

Officer Cadet (OFFCDT)

3.2.20   Salary on promotion – general

 

On the day that a member's rank changes due to a promotion, the member is to be paid at the minimum rate for the member's new rank at the relevant pay grade.

 

Exception 1: The CDF may approve a salary above the minimum rate in the salary scale for a member on promotion because of their experience, qualifications and skills.

 

Exception 2: The member may be paid at another rate if a non-reduction provision applies.

See: Division 5, Salary non-reduction provisions

See also: DFRT Determination No. 2 of 2017, Salaries, section B.2.5, Rate of salary on advancement from other rank

 

3.2.21   Salary on change of pay grade

1.

This section applies to a member who meets all of the following conditions.

 

a.

The member's pay grade changes.

 

b.

The change is for a reason other than disciplinary action or administrative sanction.

 

c.

The change is not related to the member becoming eligible for salary in a different pay grade scale under another salary Schedule in DFRT Determination No. 2 of 2017, Salaries.

Examples:
1.  An other rank member who becomes a Warrant Officer Class 1.
2.  An other rank member who is commissioned as an officer.
3.  An officer who is promoted to the rank of Brigadier or higher.

2.

The member is to be paid the salary rate for the new pay grade that corresponds to the rank increment the member held at their former pay grade.

Exception: If salary non-reduction arrangements apply to the member under Division 5, then the member's salary will be preserved at the rate for the member's rank and increment at the former pay grade for the period that is specified.

See: Division 5, Salary non-reduction provisions

3.2.22   Salary on ceasing to be a specialist officer

1.

This section applies to a member who ceases to perform duty as a specialist officer.

2.

The member is to be paid the salary rate for the new pay grade that corresponds to the rank increment the member held in their former specialist officer competency level.

 

Exception: The CDF may approve a salary above the minimum incremental rate for a member because of their experience, qualifications and skills.

3.2.23   Member with previous service – commencement salary

1.

Relevant military service has the meaning defined below.

 

Term

Definition in this section

Relevant military service

Service that meets all of these conditions.

a.  It must have been in the ADF, or the forces of a Commonwealth country or the United States of America.

b.  It must be relevant to the kind of work the member enlisted or is appointed to do.

c.  It must have been performed at a rank equivalent to the rank the member enlisted or is appointed to, or at a higher rank. The CDF may declare that another rank is equivalent. The declaration must be in writing.

 

2.

This section does not apply to members on promotion.


 

3.

A member may have previous relevant military service at the time they enlist or are appointed to a rank. The CDF may grant the member a commencement salary between the following two amounts.

 

a.

The minimum rate.

 

b.

The rate the member would have been paid if the member's service had been in the ADF.

4.

The CDF must consider all of the following factors.

 

a.

The member's previous relevant military service.

 

b.

What incremental salary rate the length of the member's relevant military service would place them at in the salary scale.

 

c.

For a member being reappointed or re-enlisted – whether the qualifications, skills or training requirements for the rank have changed since the member last served.

 

d.

Other matters relevant to periods of service for salary advancement.

Example: The member's service is recognised for the purpose of seniority in rank under the Defence (Personnel) Regulations 2002.

5.

This table sets out what the CDF considers in working out the period of relevant military service if there is a break in service between two periods of continuous full-time service.

 

Item

If the break in service is…

then the CDF may disregard…

1.

five years or less

any service before an earlier break in service.

2.

more than five years

any service before the break.

 

 

Example 1: A member is appointed to a rank in January 2014 on direct transfer from the British Army. Three years previously, the member had a six-year break in service. The CDF ignores the service before that six-year break, when determining the member's commencement salary. The CDF does this because the break in service was more than five years.

Example 2: A member is appointed to a rank in January 2014 after a 12-month break from service. Before that break, they had served for two years from January 2011 to January 2013. Before that service, they had taken a break of 12 months after service of four years from 2006 to January 2010.

 

Jan 2006

Jan 2010

Jan 2011

Jan 2013

Jan 2014

 

4 years

12 months

2 years

12 months

 

 

service

break

service

break

service

 

 

The CDF ignores the 2006-2010 service when determining commencement salary in January 2011. The CDF does this because the break in service was more than five years. The skills and qualifications for that rank in that earlier period are no longer adequate or applicable.

 

3.2.24   Recognition of service in the Reserves

1.

The CDF may approve a salary above the minimum rate in the salary scale for the member's rank, for a member who served in the Reserves before they enlisted or were appointed to the Permanent Forces. This also applies to any other service that is not continuous full-time service.

2.

The CDF must consider the nature and period of the previous service, having regard to any relevant matters set out in Division 3 or Division 4.

See:
Division 3, Increments
Division 4, Specialist Officer – increment and competency arrangements

Example: A Captain in the Reserves has six years effective Reserve service and transfers to the Permanent Forces. The CDF considers the member's period and nature of service, and decides that it is equivalent to three years of continuous full-time service. The CDF could decide to place the member on the third salary increment for Captain in the pay schedules.

3.2.25   Salary – member undergoing recategorisation training

1.

This section applies to a member undergoing recategorisation training.

 

See: Chapter 1 Part 3 Division 1 section 1.3.43, Member undergoing recategorisation training

2.

During training, the member is to be paid the relevant of the following amounts.

 

a.

For members of the Permanent Forces and members of the Reserves on continuous full-time service — both of the following.

 

i.

Salary at the rate for the rank, pay grade and increment that they held immediately before they began training.

 

ii.

Service allowance.

 

b.

For members on Reserve service — both of the following amounts.

 

i.

The daily rate of salary for the rank, pay grade and increment that they held immediately before they began training.

 

ii.

Reserve allowance.

 

c.

For members of the Reserves who transfer to the Permanent Forces or undertake a period of continuous full-time service for their training both the following amounts.

 

i.

The salary for the rank, pay grade and increment that they would have held if they were on continuous full-time service immediately before they began training.

 

ii.

Service allowance.

 

See also: Division 3 section 3.2.30, Increment advancement

3.

A Service Chief may approve an extended period of payment under subsection 2 for a member who has completed training. The Service Chief must specify the period of the extension.


3.2.26   Salary rate for training – start and advancement dates

1.

A member who meets both the following conditions is to be paid the rate of salary under Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries, that applies to the first year of the member's course of training, from the day the member starts their service. This includes a member on Reserve service.

 

a.

The member is a trainee entrant to the ADF.

 

b.

The member is appointed for a course of training to which annual rate changes apply.

 

See: Part 1 Schedule B.13, Trainee salary rates

2.

If a member is advanced to a higher year of training to recognise previous studies then they are to be paid salary at the following rates and corresponding periods.

 

a.

From the date of entry into the Service — the rate of salary that applies to the first year of the member's course of training.

 

b.

From the date the member begins the academic studies of the higher year — the rate that applies to that higher year of training.

3.

If a course of training listed in Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries, provides rates of salary for different years of the course, then the member is to be paid the rate applicable to the year they are in, regardless of when they start the training.

See: Part 1 Schedule B.13, Trainee salary rates

 

Example 1: A member's salary would normally increase to the next rate that is listed in the Schedule for the course on the commencement of a new year of the course, 1 January.

Example 2: If the member commences a new year of the course mid-year, then the date of change may be 1 July.

4.

For members undergoing a course of officer training and paid in accordance with item 6 of Part 1 of Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries, the date of increase to the next year's rate is the date that corresponds to the member's month of entry to the course, set out in paragraph a or b.

 

a.

For the January entry — the date of commencement of the second term.

 

b.

For the July entry — 1 January of the following year.

 

See: Part 1 Schedule B.13, Trainee salary rates

5.

If approval is given for a trainee to repeat a year of training, that member is to be paid the rate applicable to the year of training being repeated.

6.

To avoid doubt, for salary purposes a member is taken to be a trainee in the graduate medical scheme for any period in which both the following conditions apply to them.

 

a.

The member was appointed to the Australian Regular Army and started participating in the graduate medical scheme between 19 February 2009 and 12 February 2013.

 

b.

The member participates in the graduate medical scheme.

 

See: Part 1 Schedule B.13, Trainee salary rates, item 7


Division 3: Increments

3.2.27   Purpose

 

This Division describes advancement through a rank, based on the passing of time.

3.2.28  Definitions