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This determination amends the Defence Determination 2016/19, Conditions of service to amend provisions relating to the cost of living adjustment provided for members who are on a long-term posting overseas, to amend provisions relating to the cost of posting allowance provided for members who are on a long-term posting overseas and to amend provisions relating to travel when a member's overseas posting has been extended or when they have been posted to a second overseas location.
Administered by: Defence
Registered 14 May 2019
Table of contents.

Defence Determination, Conditions of Service Amendment (Long-term overseas posting conditions) Determination 2019 (No. 12)

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

Dated 13 May 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—Cost of living adjustment and cost of posting allowance                            3

Defence Determination 2016/19, Conditions of service                                                                3

Schedule 2—Travel on extension of posting or second long-term overseas
posting                                                                                                     
5

Defence Determination 2016/19, Conditions of service                                                                5

Schedule 3—Transitional provision                                                                                                      8

Defence Determination 2016/19, Conditions of service                                                                8

 

 


 

1  Name

                   This instrument is Defence Determination, Conditions of Service Amendment (Long-term overseas posting conditions) Determination 2019 (No. 12).

2  Commencement

                   This instrument commences on 16 May 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 1Cost of living adjustment and cost of posting allowance

Defence Determination 2016/19, Conditions of service

1
Section 1.3.69 (Return of service obligation)

 

After the section, insert:

1.3.69A   Salary

 

Salary means salary paid or payable under DFRT Determination No. 2 of 2017, Salaries.

2
Section 3.5.89 (Definitions), Definition of Salary

 

Omit the definition.

3
Subsection 15.2A.12.2 (How the cost of living adjustment is worked out and applied), Step table, Step 1

 

Omit the step, substitute:

 

Step

Action

1.

Subtract B from A, where:

=      The member's fortnightly salary plus any of the following payable to the member.

a.        Higher duties allowance.

b.       A salary non-reduction supplement provided under section 3.2.56.

            Note: No other allowances are to be included.

B  =      Pay As You Go tax and any levies withheld from the fortnightly salary calculated under A.

            Examples: Medicare Levy, temporary budget repair levy, flood levy.

 

4
Section 15.2A.15 (Rate of allowance)

 

Omit the section, substitute:

15.2A.15   Rate of allowance

1.

The following definitions apply to this section.

 

a.

Minimum amount means the following.

 

 

i.

For an accompanied member 28% of the salary for a Major on pay grade 1 and increment O4-0 in Schedule B.3 Part 1 of DFRT Determination No. 2 of 2017, Salaries.

 

 

ii.

For an unaccompanied member 18% of the salary for a Major on pay grade 1 and increment O4-0 in Schedule B.3 Part 1 of DFRT Determination No. 2 of 2017, Salaries.

 

b.

Maximum amount means the following.

 

 

i.

For an accompanied member 28% of the salary for a Colonel on paygrade 10 and increment O6-1 in Schedule B.3 Part 1 of DFRT Determination No. 2 of 2017, Salaries.

 

 

ii.

For an unaccompanied member 18% of the salary for a Colonel on paygrade 10 and increment O6-1 in Schedule B.3 Part 1 of DFRT Determination No. 2 of 2017, Salaries.

2.

Subject to the following, the rate of allowance for an accompanied member is 28% of the member's salary, including any salary non-reduction supplement provided under section 3.2.56.

 

a.

If 28% of the member's salary is less than the minimum amount the rate of allowance is the minimum amount.

 

b.

If 28% of the member's salary is more than the maximum amount the rate of allowance is the maximum amount.

3.

Subject to the following, the rate of allowance for an unaccompanied member is 18% of the member's salary, including any salary non-reduction supplement provided under section 3.2.56.

 

a.

If 18% of the member's salary is less than the minimum amount the rate of allowance is the minimum amount.

 

b.

If 18% of the member's salary is more than the maximum amount the rate of allowance is the maximum amount.

4.

The dual Commonwealth benefit rule under section 15.2A.9 applies to this allowance.


Schedule 2Travel on extension of posting or second long-term overseas posting

Defence Determination 2016/19, Conditions of service

1
Subsection 15.2.34.3 (Payment of overseas living allowances for unused leave), exception

 

Omit "section 15.3.40", substitute "section 15.3.39".

2
Subsection 15.2.34.3 (Payment of overseas living allowances for unused leave), note

 

Omit the see note.

3
Chapter 15 Part 3 Division 7 (Travel on extension of posting or second overseas posting)

 

Omit the Division, substitute:

Division 7: Travel on extension of posting or second overseas posting

15.3.37   Purpose

 

The purpose of this Division is to provide a member and their dependants with travel when the member's long-term posting overseas has been extended or they are posted for a second consecutive long-term posting overseas in another location.

15.3.38   Additional travel when posting extended

1.

Subject to subsection 2, if a member's long-term posting overseas is extended for 12 months or more, the member and their dependants are eligible for the allowable travel cost for either of the following.

 

a.

Return travel between the location of the long-term posting overseas and the location where the member and their dependants normally live in Australia.

 

b.

Return travel between the location of the long-term posting overseas and another location within Australia up to the value of the travel provided under paragraph a.

 

Note: The member and dependants do not have to travel at the same time.

2.

To be eligible for the benefit under subsection 1, the following must apply.

 

a.

The return travel must be taken between the following days.

 

i.

The day that is three months before the last day that the long-term posting overseas was expected to end.

 

ii.

The day that is three months after the last day that the long-term posting overseas was expected to end.

 

b.

The member must be on approved leave for any period of absence from duty.

Note: This does not apply to travel taken by the member’s dependants.


 

3.

The member and their dependants are not eligible for the following benefits during travel under this section.

 

a.

Rest periods.

 

b.

Accommodation, meal and incidental costs.

4.

The CDF may approve travel outside of the period set out in paragraph 2.a. having regards to the following.

 

a.

The reason the member could not travel within the period set out under paragraph 2.a.

 

b.

The member's and dependant's welfare.

 

c.

The member's future work commitments over a six month period.

 

d.

Financial implications of the travel.

5.

If the member’s long-term posting location is a hardship location, the excess baggage provisions under section 16.4.16 apply to travel under this section.

15.3.39   Additional travel on long-term posting overseas to a new overseas location
1.

This section applies to a member on long-term posting overseas who is issued with a posting order for a second long-term posting overseas to another location.

2.
Subject to subsection 4, the member and their dependants are eligible for the following business class travel.

 

a.

Travel from the location of the first long-term posting overseas to a place in Australia.

 

b.

Travel from Australia to the location of the second long-term posting overseas.

 

Note: The member and their dependants do not have to travel at the same time.

3.

The maximum benefit payable under subsection 2 is the cost of travel to and from the location where the member and their dependants normally live in Australia and the posting locations overseas.

4.

To be eligible for the benefit under subsection 2, the following must apply.

 

a.

The second long-term posting overseas must be for at least 12 months.

 

b.

The member must be on approved leave for any period of absence from duty.

Note: This paragraph does not apply if the dependants are not travelling at the same time as the member.

5.

The member may use the travel benefit under subsection 2 during the following time period.

 

a.

After the end of the first long-term posting overseas.

 

b.

Before the start if the second long-term posting overseas.

 


 

 

6.

The member’s dependants may use the travel benefit under subsection 2 during either of the following periods.

 

a.

The day that is three months before the last day that the first long-term posting overseas ends, but not after the member departs.

 

b.

The day that is three months after the first day that the second long-term posting overseas starts, but not before the member arrives.

 

Exception: This subsection does not apply if dependants travel separately to the member under section 14.4.17.

7.

The member and their dependants are not eligible for accommodation, meal and incidental costs during travel under this section.

8.

The CDF may approve travel for the member outside of the period set out in paragraph 5. having regards to the following.

 

a.

The reason the member could not travel within the period set out under subsection 5.

 

b.

The member's and dependant's welfare.

 

c.

The member's work commitments over a six month period.

 

d.

Financial implications of the travel.

9.

Rest periods under Chapter 14 Part 4 Division 3 only apply for travel from Australia to the location of the second long-term posting overseas.

10.

Excess baggage provisions under section 14.4.11 apply to travel under this section.

15.3.40   Dependants' travel costs to join the member on posting extension or posting to a second long-term posting overseas

1.

This section applies to a member who meets all of the following.

 

a.

The member is overseas on either of the following.

.

i.

On an unaccompanied long-term posting overseas.

 

ii.

On short-term duty overseas.

 

b.

One of the following occurs.

.

i.

The member's long-term posting or short-term duty is extended.

 

ii.

The member is issued with a posting order for a second long-term posting overseas.

 

c.

The member is eligible to become an accompanied member on long-term posting overseas.


 

2.

If the dependants join the member in the posting location, the member is eligible for either of the following.

 

a.

If the dependants have not yet travelled to the location — payment of travel costs under Chapter 14 Part 4 Division 4 for their dependants to travel to the location of the long-term posting overseas.

 

b.

If the dependants have travelled to the location at personal cost — reimbursement of costs for the dependant's travel up to the maximum amount that would have been payable under Chapter 14 Part 4 Division 4.

 


Schedule 3Transitional provision

Defence Determination 2016/19, Conditions of service

1
Member on salary non-reduction provision

1.

This section applies to a member who met both of the following between 1 July 2017 and the commencement of this Determination.

 

a.

The member was eligible for the cost of living adjustment and the cost of posting allowance under Chapter 15 Part 2A.

 

b.

The member was on a salary non-reduction provision.

2.

The member is eligible for an amount of cost of living adjustment that is the difference between the following amounts.

 

a.

The cost of living adjustment the member received during the period 1 July 2017 and the commencement of this Determination.

 

b.

The cost of living adjustment that the member would have received had section 3 of Schedule 1 applied on 1 July 2017.

3.

The member is eligible for an amount of cost of posting allowance that is the difference between the following amounts.

 

a.

The cost of posting allowance the member received during the period 1 July 2017 and the commencement of this Determination.

 

b.

The cost of posting allowance that the member would have received had section 4 of Schedule 1 applied on 1 July 2017.