Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This determination amends the Defence Determination 2016/19, Conditions of service to amend the provisions for long service leave for a member who is ceasing continuous full-time service and elects to transfer all or part of their long service leave credits to a new Commonwealth entity.
Administered by: Defence
Registered 16 May 2019
Table of contents.

Defence Determination, Conditions of Service Amendment (Long service leave) Determination 2019 (No. 14)

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

Dated 14 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—Amendments                                                                                                                          3

Defence Determination 2016/19, Conditions of Service                                                               3

 

 


 

1  Name

                   This instrument is Defence Determination, Conditions of Service Amendment (Long service leave) Determination 2019 (No. 14).

2  Commencement

                   This instrument commences on 11 July 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                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1Long service leave

Defence Determination 2016/19, Conditions of service

1
Section 5.5.7 (How to apply for leave)

 

Omit the section, substitute:

 

Leave applications must be submitted in one of the following ways.

 

a.

Via PMKeys.

 

b.

If PMKeyS is unavailable, using form AD097, ADF Absence Application/Non-Effective Service Notification.

2
Subsection 5.5.9.2 (How long service leave is granted)

 

Omit the subsection, substitute:

2.

The minimum period of long service leave that may be granted is as follows.  

 

a.

If the leave is taken at full pay seven days.

 

b.

If the leave is taken at half pay 14 days.

3
Subsection 5.5.9.3 (How long service leave is granted)

 

Omit the subsection, substitute:

3.

Subsection 2 does not apply if CDF is satisfied there are compassionate reasons.

4
Section 5.5.29 (Option not to be paid)

 

Omit the section, substitute:

5.5.29   Transfer of long service leave credits

1.

This section applies to a member to whom all of the following apply.

 

a.

The member has ceased continuous full-time service.

 

 

b.

The member is eligible for payment instead of long service leave.

 

 

c.

The member has elected to transfer all or part of their long service leave credits to a new employer that is a Commonwealth entity.

 

 

d.

The election made under paragraph c was made not less than 30 days before the date that they ceased continuous full-time service.

 

 

e.

The new employer has agreed to the transfer.

 

2.

A member is eligible for the following.

 

a.

To have an amount of long service leave equal to the long service leave credits the member elected to be transferred to the new employer.

 

 

b.

To be paid an amount being equal to the difference between the following.

 

 

i.

The member’s long service leave credits held by the member on ceasing continuous full-time service.

 

 

 

ii.

The long service leave credits transferred to the new employer under paragraph a.

 

3.

A member who does not commence employment with a Commonwealth agency within 12 months of ceasing continuous full-time service is eligible to be paid an amount equal to the long service leave credits the member elected to transfer to the new employer under paragraph 2.a.