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Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service to include Maritime Spiritual Wellbeing Officers as specialist officers for the purpose of salary administration as a consequence of the primary qualification being established by Defence Force Remuneration Tribunal Determination No. 3 of 2020, Salaries – Maritime Spiritual Wellbeing Officer – amendment, amends the salary administration provisions for specialist officers to include a 'specialist level' as a criteria for the payment of salary, and makes amendments to senior officer increment advancement provisions consequential to changes made by Defence Determination, Conditions of service (Star rank increment advancement) Amendment Determination 2020 (No.12).
Administered by: Defence
Registered 08 Jul 2020
Tabling HistoryDate
Tabled HR24-Aug-2020
Tabled Senate24-Aug-2020
To be repealed 01 Dec 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment (Maritime Spiritual Wellbeing Officer and Specialist officer) Determination 2020 (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 7 July 2020

F L McSPEERIN

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Maritime Spiritual Wellbeing Officer                                                   2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Specialist officer – amendments                                                            5

Defence Determination 2016/19, Conditions of service                                                                5

Schedule 3—Consequential amendments                                                                   8

Defence Determination 2016/19, Conditions of service                                                                8

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment (Maritime Spiritual Wellbeing Officer and Specialist officer) Determination 2020 (No. 14).

2  Commencement

This instrument commences on 9 July 2020.

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 1—Maritime Spiritual Wellbeing Officer

Defence Determination 2016/19, Conditions of service

1
Section 1.4.2 (Chaplain classification for benefit purposes)

 

Omit the section, substitute:

1.4.2    Chaplain and Maritime Spiritual Wellbeing Officer classification for benefit purposes

 

For conditions of service purposes, a Chaplain classification in column A or a Maritime Spiritual Wellbeing Officer classification in column B means the rank specified in column C of the same item of the following table.

 

Item

Column A

Chaplain classification

Column B

Maritime Spiritual Wellbeing Officer classification

Column C

Rank

1.

Division 1

Class 1

Captain

2.

Division 2

Class 2

Major

3.

Division 3

Class 3

Lieutenant Colonel

4.

Division 4

Class 4

Colonel

5.

Division 5

Class 5

Brigadier

 

2
Subsection 3.2.14.4 (Reserve member attending for duty in special circumstances)

 

Omit the subsection, substitute:

4.

A Chaplain or Maritime Spiritual Wellbeing Officer is deemed to be attending for duty between the first and last day of each period they are rostered on a Notification Team by any of the following.

 

a.

For a member of the Navy — Director General Chaplain – Navy.

 

b.

For a member of the Army — Principal Chaplain – Army.

 

c.

For a member of the Air Force — Director General Personnel – Air Force.

3
Subsection 3.2.14.5 (Reserve member attending for duty in special circumstances)

 

Omit the subsection.

4
Paragraph 3.2.40.d (Purpose)

 

After the paragraph, insert:

 

e.

Maritime Spiritual Wellbeing Officer.

5
Section 3.2.41 (Chaplain and dental officers – increment advancement and promotion), heading

 

Omit the heading, substitute:

3.2.41    Chaplain, Maritime Spiritual Wellbeing Officers and dental officers – increment advancement, promotion and advancement
6
Subsection 3.2.41.1 (Chaplain and dental officers – increment advancement and promotion)

 

Omit the subsection, substitute:

1.

A Chaplain or Maritime Spiritual Wellbeing Officer is eligible for incremental advancement in the specialist officer salary structure 12 months after the later of the following dates.

 

a.

The day the member is posted to a position requiring a higher competency level than the member previously held.

 

b.

The day the member advances to a higher division or class.

 

c.

The day of the member's last increment advancement.

7
Subsection 3.2.41.4 (Chaplain and dental officers – increment advancement and promotion)

 

Omit the subsection, substitute:

4.

On advancement to a higher division or class a Chaplain or Maritime Spiritual Wellbeing Officer is paid the lowest increment for the competency level for their new division or class.

4A.

On promotion a dental officer is paid the lowest increment for the dental level for their new rank.

4B.

Despite subsections 4 and 4A, a member will be paid a higher increment of salary set by the CDF if the CDF believes it is reasonable, based on the member's relevant experience, qualifications and skills.

8
Section 3.2.44 (Competency levels – chaplain)

 

Omit the section, substitute:

3.2.44   Competency levels – Chaplain and Maritime Spiritual Wellbeing Officer

1.

A Chaplain or Maritime Spiritual Wellbeing Officer is placed in a competency level by the CDF based on the member's relevant experience, qualifications and skills.

2.

A Chaplain or Maritime Spiritual Wellbeing Officer may be placed in or advanced to a higher competency level if the CDF is satisfied that the officer meets the requirements for that competency level.

3.

A Chaplain or Maritime Spiritual Wellbeing Officer may advance to competency level 3 if the CDF is satisfied that the officer meets both of the following.

 

a.

The officer meets the requirements for competency level 3.

 

b.

The officer is posted to a position that requires competency level 3.

9
Section 4.1.5 (Definitions)

 

Omit from the definition of Specialist officer "Chaplain", substitute "Chaplain and Maritime Spiritual Wellbeing Officer".

Schedule 2—Specialist officer – amendments

Defence Determination 2016/19, Conditions of service

1
Section 3.2.18A (Member this Division does not apply to)

 

After the section, insert:

3.2.18B    Definitions

 

In this Division specialist level means any of the following.

 

a.

Competency level.

 

b.

Dental level.

 

c.

Medical level.

 

d.

Legal level.

2
Section 3.2.19 (Salary on enlistment or appointment)

 

Omit the section, substitute:

3.2.19    Salary on enlistment or appointment

1.

The rate of salary on the day a member is enlisted or appointed is one of the following.

 

a.

If the member is a trainee, the rate specified in Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries.

 

b.

If paragraph a. does not apply to the member, the rate of salary is the higher of the following.

 

 

i.

The minimum rate for their rank and pay grade or specialist level under the relevant salary structure specified in DFRT Determination No. 2 of 2017, Salaries.

 

 

ii.

The rate of salary set by the CDF.

 

Note: A member’s service commences on the day they are first required for duty.

2.

For the purpose of subparagraph 1.b.ii, the following apply.

 

a.

The CDF must believe that a higher rate of salary is reasonable having regard to the member's experience, qualifications and skills.

 

b.

The member does not hold an entry level rank of Officer Cadet in the Army or Air Force.


 

3
Section 3.2.20 (Salary on promotion – general)

 

Omit the section, substitute:

3.2.20   Salary on promotion – general

1.

On the day that a member’s rank changes due to a promotion, the member’s rate of salary is one of the following.

 

a.

The minimum rate for their new rank at the relevant pay grade.

 

b.

The rate of salary set by the CDF.

 

c.

Another rate if a non-reduction provision under Division 5 applies to the member.

2.

For the purpose of paragraph 1.b, the CDF must believe that a higher rate of salary is reasonable having regard to the member's experience, qualifications and skills.

4
Section 3.2.21 (Salary on change of pay grade)

 

Omit the section, substitute:

3.2.21   Salary on change of pay grade or specialist level

1.

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

 

a.

The member's pay grade or specialist level changes.

 

b.

The change is for a reason other than disciplinary action or an 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.

2.

The member’s salary rate is the rate for the new pay grade or specialist level that corresponds to the rank increment the member held at their former pay grade or specialist level.

3.

Despite subsection 2, if salary non-reduction arrangements apply to the member under Division 5, then the member's rate of salary is the rate for the member's rank increment of their former pay grade or specialist level.

5
Subparagraph 3.2.25.2.a.i (Salary – member undergoing recategorisation training)

 

Omit “pay grade”, substitute “pay grade or specialist level”.

6
Subparagraph 3.2.25.2.b.i (Salary – member undergoing recategorisation training)

 

Omit “pay grade”, substitute “pay grade or specialist level”.

7
Subparagraph 3.2.25.2.c.i (Salary – member undergoing recategorisation training)

 

Omit “pay grade”, substitute “pay grade or specialist level”.

8
Subsection 3.2.26.1 (Salary rate for training – start and advancement dates)

 

Omit the subsection.

9
Subsection 3.2.41.2 (Chaplain and dental officers – increment advancement and promotion)

 

Omit "two".

10
Paragraph 3.2.41.2.b (Chaplain and dental officers – increment advancement and promotion)

 

After the paragraph, insert:

 

c.

The day of the member's last increment advancement.

 

Schedule 3Consequential amendments

Defence Determination 2016/19, Conditions of service

1
Section 1.3.63 (Rank)

 

Omit the section, substitute:

1.3.63   Rank

 

Rank includes the following, unless otherwise specified, but does not include a rank that is to be held as an honorary rank.

 

a.

For a Chaplain — division.

 

b.

For a Maritime Spiritual Wellbeing Officer — class.

2
Subsection 3.2.41.1 (Chaplain and dental officers – increment advancement and promotion)

 

Omit "A Chaplain", substitute "Subject to subsection 1A, a Chaplain".

3
Subsection 3.2.41.1A (Chaplain and dental officers – increment advancement and promotion)

 

Omits the subsection, substitute:

1A.

Subsection 1 does not apply after 6 August 2020 to any of the following.

 

a.

A Chaplain holding a division 5 classification.

 

b.

A Maritime Spiritual Wellbeing Officer holding a class 5 classification.

4
Subsection 3.2.41.5 (Chaplain and dental officers – increment advancement and promotion)

 

Omit “section 3.2.41 or 3.2.42”, substitute “3.2.44 or 3.2.45”.