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Determinations/Other as made
This determination amends the Defence Determination 2016/19, Conditions of service to provide a Reserve capability bonus to members of the Reserve who have made a written undertaking to provide capability at short-notice and who are assigned as Service Category 4 by their Service. It also amends the Reserve capability payment to provide further clarity.
Administered by: Defence
Registered 28 Mar 2019
Tabling HistoryDate
Tabled HR02-Apr-2019
Tabled Senate02-Apr-2019
Date of repeal 12 Sep 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

Defence Determination, Conditions of Service Amendment (Reserve capability payment and Reserve capability completion bonus) Determination 2019 (No. 9)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 26 March 2019

F L McSPEERIN

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 

 

 



 

Contents

1......... Name............................................................................................................................... 2

2......... Commencement............................................................................................................... 2

3......... Authority......................................................................................................................... 2

4......... Schedules......................................................................................................................... 2

Schedule 1—Reserve capability payment amendments                                                            3

Defence Determination 2016/19, Conditions of service                                                                3

Schedule 2—Reserve capability completion bonus                                                                      6

Defence Determination 2016/19, Conditions of service                                                                6

 

 


 

1  Name

                   This instrument is Defence Determination, Conditions of Service Amendment (Reserve capability payment and Reserve capability completion bonus) Determination 2019 (No. 9).

2  Commencement

                   This instrument commences on 4 April 2019.

3  Authority

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

4  Schedules

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

 


Schedule 1Reserve capability payment amendment

Defence Determination 2016/19, Conditions of service

1
Section 3.5.3 (Contents), Division 2

 

After the entry for Division 2, insert:

 

Division 2A

Reserve capability payment

 

Division 2B

Reserve capability completion bonus – capability on short notice

2
Section 3.5.14B (Definitions)

 

Omit the section.

3
Section 3.5.14C (Member eligible for Reserve capability payment)

 

Omit the section, substitute:

3.5.14C   Member eligible for Reserve capability payment

 

A member of the Reserves not performing continuous full time service who has been selected to fill gaps in capability that could not ordinarily be filled by a member of the Reserves or the Permanent Force.

4
Section 3.5.14D (Offer of a Reserve capability payment)

 

Omit the section, substitute:

3.5.14D   Offer of a Reserve capability payment

1.

The CDF may offer a member of the Reserves a payment under this section if satisfied that all of the following apply.

 

a.

A negative impact on service capability has been identified.

 

b.

The identified capability gap is unlikely to recover within three years without the use of a Reserve capability payment.

 

c.

The capability gap cannot be met by any of the following.

 

 

i.

Members of the Permanent Forces.

 

 

ii.

Members of the Reserves on continuous full-time service.


 

 

 

iii.

Members of the Reserves on Reserve service without an offer of a Reserve capability payment.

 

d.

The member meets all of the conditions required for the duty to be performed in connection with the capability gap.

 

e.

The member is able to complete the period of duty required within their period of service.

Note: Permission to serve beyond the member's period of service needs to be granted before an offer of period of duty for Reserve capability payment is made.

2.

The offer must specify all of the following.

 

a.

The period of duty, including the pattern of days and hours the member must serve.

 

 

Note: The period of duty includes any period the member is taken to be attending for duty under section 3.2.13, provided the duty is for the purposes of the offer.

 

b.

The amount, number and timing of payments.

 

c.

The duty to be performed.

 

d.

Any additional conditions that must be met before the member becomes eligible for payment.

3.

Reserve service that is not in connection with the capability gap does not count as service towards completion of the period of duty under paragraph 2.a.

4.

The period of duty under paragraph 2.a is limited by the both of the following.

 

a.

The period can be for no more than three years in total.

 

b.

The period must not overlap with the period of an earlier accepted offer.

5.

The amount of payments under paragraph 2.b is limited by the both of the following.

 

a.

The total payment must not exceed $100,000.

 

b.

The member is not to be paid more than $50,000 for any 12 month period.

5
Section 3.5.14E (Acceptance of an offer)

 

Omit the section, substitute:

3.5.14E   Acceptance of an offer

 

The following conditions apply to accepting an offer made under section 3.5.14D.

 

a.

The member must accept the offer in writing.

 

b.

The offer must be accepted before the later of the following.

 

 

i.

Twenty-eight days after the day the offer is made.


 

 

 

ii.

If the member was deployed when the offer was madethe day twenty-eight days after the day the member returns to Australia after deployment.

 

 

iii.

A later day that the CDF determines is reasonable having regard to the member's circumstance.

 


 

Schedule 2Reserve capability completion bonus

Defence Determination 2016/19, Conditions of service

1
Chapter 3 Part 5 Division 2A (Reserve capability payment)

 

After Division 2A, insert:

Division 2B: Reserve capability completion bonus – capability at short-notice

3.5.14G   Purpose

 

The purpose of this Division is to provide a payment to select members of the Reserves as an incentive to provide capability at short-notice.

3.5.14H   Member eligible for Reserve capability completion bonus

 

A member of the Reserves who meets all of the following.

 

a.

The member has made a written undertaking to provide capability at short-notice.

 

b.

The member is assigned as Service Category 4 by their Service.

 

c.

The member is not performing continuous full time service.

3.5.14I   Payment of the bonus

1.

A member is eligible to receive a payment of $5,000 each time they satisfy all of the following criteria.

 

a.

The member has performed service for the minimum number of days specified in their Service Category 4 undertaking within 12 months.

 

b.

The member has completed 12 months in Service Category 4.

Exception: The CDF has extended the period under subsection 2.

 

c.

The member has satisfied all of the conditions specified by their Service Category 4 undertaking.

2.

The CDF may extend the period under paragraph b. up to a maximum of one year if the member has not met the criteria under paragraph a. or c.

 

Note: The period must be extended before the completion of the period specified under paragraph b.

3.

For the purpose of subsection 2, the CDF must consider the reasons that have prevented the member from meeting their obligations when extending the period.

4.

A member may not receive more than one payment in a 12 month period.

3.5.14J   Reduced payment of bonus

1.

The CDF may approve a reduced payment of the bonus if a member fails to satisfy the criteria under paragraph 3.5.14I.1.b due to one of the following circumstances.

 

a.

The member is transferred to the Permanent Force.

 

b.

The member dies.

 

c.

The member ceases service at the end of a period of service.

 

d.

The member reaches their retirement age, and the CDF has not allowed them to continue serving beyond that age.

 

e.

The CDF considers it reasonable to make the reduced payment.

2.

The payment under subsection 1 is calculated using the following formula.

 

 

Where:

 

D

Is the number of days between the following two days.

 

 

a.

The day the member's undertaking under paragraph 3.5.14H.a commenced.

 

 

b.

The day the member ceased service in Service Category.