Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service to make technical amendments that update out of date references and to redraft some sections to bring them into line with contemporary drafting standards, to make routine adjustments to the rates of education assistance, and to expand remote location leave travel benefits to enable members and their families to drive to their destination increasing the flexibility of the benefit.
Administered by: Defence
Registered 12 Nov 2020
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2020 (No. 23)

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

Dated 11 November 2020

Jennifer Louise Statton

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—Miscellaneous technical amendments                                                    2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Education assistance – rates                                                                   6

Defence Determination 2016/19, Conditions of service                                                                6

Schedule 3—Remote location leave travel amendments                                            9

Defence Determination 2016/19, Conditions of service                                                                9

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2020 (No. 23).

2  Commencement

This instrument commences on 12 November 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—Miscellaneous technical amendments

Defence Determination 2016/19, Conditions of service

1
Section 1.3.30 (Leave year)

 

Omit the section.

2
Paragraph 1.3.88.b (Partner)

 

After the paragraph, insert:

 

c.

A spouse.

3
Subsection 1.3.96.1 (Member with dependants (unaccompanied))

 

Omit “Division 1, Becoming a member with dependants (unaccompanied)”, substitute “, Member with dependants (unaccompanied)”.

4
Subsection 1.3.96.1 (Member with dependants (unaccompanied)), See note

 

Omit the see note.

5
Subsection 1.3.96.2 (Member with dependants (unaccompanied)), See note

 

Omit the see note.

6
Subparagraph 1.5.3.5.b.ii (Change in member's circumstances), See note

 

Omit “Division 1, Becoming a member with dependants (unaccompanied)”, substitute “, Member with dependants (unaccompanied)”.

7
Subsection 3.5.95.2 (Service that counts towards the bonus), Table item 1

 

Omit “leave year” wherever occurring, substitute “financial year”.

8
Section 5.4.6 (Definitions), Table

 

Omit the definition of “Leave year

9
Subsection 5.4.12.2 (Maximum annual credit for sea service, field service, flight duties and special service)

 

Omit the subsection, substitute:

2.

A member must not accrue more than 10 days additional leave credit in a financial year.

10
Section 5.4.20 (Eligibility)

 

Omit “leave year” wherever occurring, substitute “financial year”.

11
Subsection 5.4.34.1 (Expiration of recreation leave credits ('leave lapsing'))

 

Omit “leave year” wherever occurring, substitute “financial year”.

12
Annex 5.4.A (Remote locations within Australia — additional recreation leave), Table

 

Omit “leave year”, substitute “financial year”.

13
Paragraph 5.6.28.a (Member already on leave without pay)

 

Omit “Division 1”

14
Section 5.9.1 (Overview)

 

Omit “leave year. A leave year is a year beginning on 1 July.”, substitute “financial year”.

15
Section 5.9.3 (Purpose)

 

Omit “leave year”, substitute “financial year”.

16
Section 5.9.10 (Compassionate leave)

 

Omit “leave year” wherever occurring, substitute “financial year”.

17
Subsection 5.9.12.3 (Carer’s leave)

 

Omit “leave year” wherever occurring, substitute “financial year”.

18
Subsection 5.9.14.2 (Special leave for private purposes)

 

Omit “leave year”, substitute “financial year”.

19
Subsection 5.9.15.1 (Examination leave)

 

Omit “leave year”, substitute “financial year”.

20
Subsection 5.9.18.6 (Benefit)

 

Omit “leave year”, substitute “financial year”.

21
Annex 5.10.A (Allowances and reimbursements during leave without pay), See note

 

Omit “Part 10 Division 1 section”, substitute “Section”.

22
Subparagraph 5.11.5.1.b.ii (Approval of absence)

 

Omit “Division 1”

23
Subsection 6.1.6.1 (Amount of allowance)

 

Omit the subsection.

24
Subparagraph 6.5.6.2.b.i (When a member's adult dependant is also a member), See note

 

Omit the see note.

25
Subsection 6.5.18.2 (Purpose), See note

 

Omit the see note.

26
Subsection 6.5.19.1 (Compassionate removal to a personal location where benefits are provided), See note

 

Omit the see note.

27
Paragraph 7.6.54.2.b (Contribution for member dependants), See note

 

Omit the see note.

28
Paragraph 7.8.24.2.b (Allowance and contribution for dependant who is also a member)

 

Omit “Chapter 8 Part 3 Division 1”.

29
Paragraph 7.8.24.2.b (Allowance and contribution for dependant who is also a member), See note

 

Omit the see note.

30
Subsection 7.8.34.1 (Member on leave without pay)

 

Omit “Division 1” wherever occurring.

31
Chapter 8 Part 3 Division 1 (Becoming a member with dependants (unaccompanied)), Heading

 

Omit the heading.

32
Section 9.4.8 (Number of recreation leave travel trips)

 

Omit “leave year” wherever occurring, substitute “financial year”.

33
Section 9.4.9 (Travel in advance of eligibility)

 

Omit the example.

34
Section 12.1.3 (Supplementary conditions)

 

Omit the section.

35
Subsection 14A.1.22.1 (Reduction in overseas allowances)

 

Omit the subsection, substitute:

1.

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

 

a.

The member is an accompanied member.

 

b.

The member’s dependant has received an evacuation flight under section 14A.1.4.

 

c.

The member is receiving the accompanied rate of an allowance under one of the following.

 

 

i.

Chapter 15 Part 2A, Overseas living allowances.

 

 

ii.

Chapter 16 Part 2A, Location allowance.

37
Subsection 16.4.9.1 (Posting shorter than the ordinary posting period)

 

Omit the subsection, substitute:

1.

If a member's posting is shorter than the ordinary posting period, then the number of trips to leave centres are reduced pro-rata using the formula.

 

 

Where:

 

A

is the total number of trips for the ordinary posting period.

 

B

is the reduced posting period in months.

 

C

is the ordinary posting period in months.

 

The number of trips must be rounded to the nearest whole number.

 

Schedule 2—Education assistance – rates

Defence Determination 2016/19, Conditions of service

1
Subsection 8.4.10.3 (Face-to-face tutoring)

 

Omit "$106", substitute "$109".

2
Subsection 8.4.11.6 (Web-based tutoring), table

 

Omit the table, substitute:

 

Item

Column A

If the subject…

Column B

then the maximum limit is...

1.

is offered at the new school and the child has studied the subject before.

$1,531

2.

is offered at the new school and the child has not studied the subject before.

$2,841

3.

is not offered at the new school and the child meets both of the following conditions.

a.      The child is in Year 10, 11 or 12.

b.      The child needs to study the subject, as it is essential to their career aims.

$5,682

 

3
Subsection 8.4.14.3 (Children with special needs), table

 

Omit the table, substitute:

 

Item

Column A

Services

Column B

Maximum benefit

1.

A therapy service or tuition not provided by the school, but critical to educational progress.

One hour a week for 14 weeks up to $109 an hour for each service needed.

2.

An assessment of their needs, critical to the development of an educational program.

A private assessment of the need up to $804.

 

4
Subsection 8.4.14.5 (Children with special needs)

 

Omit "$29,319", substitute "$29,939".

5
Subsection 8.4.14.5 (Children with special needs)

 

Omit "$382", substitute "$393".

6
Subsection 8.4.15.4 (CDF discretion to extend education assistance)

 

Omit "$106", substitute "$109".

7
Subsection 8.4.21.1 (Rates of reimbursement), table

 

Omit the table, substitute:

 

Item

Column A

Purpose

Column B

Maximum reimbursement

Column C

Contribution

1.

Compulsory tuition fees.

$29,939

$393

2.

If in boarding school or a commercial establishment, the cost of board.

$27,409

Either of the following.

a. For the first year of boarding — $2,798.

b.  For every other year of boarding — $3,203.

 

3.

If accommodated privately, the cost of board to a maximum of $17,068.

$17,068

 

8
Subsection 8.4.25.1 (Rate and period of assistance)

 

Omit "$363", substitute "$384".

9
Subsection 14A.1.18.2 (Education assistance)

 

Omit "$106", substitute "$109".

10
Section 15.6.10A (Member contribution), table

 

Omit the table, substitute:

 

Item

Column A

School level

Column B

Annual contribution in AUD

1.

Pre-school

524

2.

Primary school

179

3.

Secondary school

417

 

11
Subsection 15.6.22A.5 (Education assistance – Cherbourg)

 

Omit "405", substitute "417".

12
Subsection 15.6.25.1 (Rates of assistance), table

 

Omit the table, substitute:

 

Item

Column A

Expense

Column B

Maximum assistance

Column C

Contribution

1.

For compulsory tuition fees.

AUD 29,939

Either of the following.

a.

if the child is in pre-school or primary school — AUD 179.

b.

if the child is in secondary school — AUD 417.

2.

For accommodation charged by a boarding school, a tertiary institution or a commercial establishment.

 

AUD 30,207

The greater of the following.

a.

Either of the following.

i.

For the first year of boarding — AUD 2,798

ii.

For every other year of boarding — AUD 3,203.

b.

The annual cost incurred by the member for the child's accommodation that was current on the day before the date the notice of posting was issued to the member.

Note: If the child lives in the family home, no assistance is provided under this Division.

3.

For private accommodation.

AUD 19,866

The greater of the following.

a.

AUD 3,182.

b.

The annual cost incurred by the member for the child's accommodation that was current on the day before the date the notice of posting was issued to the member.

Note: If the child lives in the family home, no assistance is provided under this Division.

 

 

Schedule 3—Remote location leave travel amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 9.4.26.1 (Scheme A – member without dependants)

 

Omit the subsection, substitute:

1.

This section applies to a member without dependants who is posted to a remote location.

2
Subsection 9.4.26.2 (Scheme A – member without dependants)

 

Omit the subsection, substitute:

2.

Remote location leave travel benefit is one of the following between the locations specified in subsection 2A and subject to subsection 2B.

 

a.

If the member flies — return flights.

 

b.

If the member drives — vehicle allowance up to the value of the flights had the member flown.

 

Note: Section 9.4.40 provides additional benefits for member’s posted to RAAF Base Tindal and section 9.4.40A provides additional benefits for member’s posted to Woomera.

2A.

Remote location leave travel is between the following locations.

 

a.

From one of the following locations.

 

 

i.

The member’s posting location.

 

 

ii.

The location that has an airport that provides commercial passenger air travel that is closest by travel time to the member’s posting location.

 

b.

To one of the following locations.

 

 

i.

The nearest capital city.

 

 

ii.

If the member is posted to a location in the Northern Territory Adelaide.

2B.

If more than one person who is eligible for remote location leave travel travels in the same vehicle, vehicle allowance is only payable to one person.

3
Subsection 9.4.26.3 (Scheme A – member without dependants)

 

Omit the subsection.

4
Subsection 9.4.27.2 (Scheme A – member with dependants (unaccompanied))

 

Omit the subsection, substitute:

2.

Remote location leave travel benefit is one of the following between the locations specified in subsection 2A and subject to subsection 2B.

 

a.

If the member flies — return flights.

 

b.

If the member drives — vehicle allowance up to the value of the flights had the member flown.

 

Note: Section 9.4.40 provides additional benefits for member’s posted to RAAF Base Tindal and section 9.4.40A provides additional benefits for member’s posted to Woomera.

2A.

Remote location leave travel is between the following locations.

 

a.

From one of the following locations.

 

 

i.

The member’s posting location.

 

 

ii.

The location that has an airport that provides commercial passenger air travel that is closest by travel time to the member’s posting location.

 

b.

To one of the following locations.

 

 

i.

The nearest capital city.

 

 

ii.

If the member is posted to a location in the Northern Territory Adelaide.

2B.

If more than one person who is eligible for remote location leave travel travels in the same vehicle, vehicle allowance is only payable to one person.

5
Subsection 9.4.27.3 (member with dependants (unaccompanied))

 

Omit the subsection.

6
Subsection 9.4.28.2 (Scheme A – dependants of a member without dependants (unaccompanied))

 

Omit the subsection, substitute:

2.

Remote location leave travel benefit is one of the following between the locations specified in subsection 2A and subject to subsection 2B.

 

a.

If the member flies — return flights.

 

b.

If the member drives — vehicle allowance up to the value of the flights had the member flown.

 

Note: Section 9.4.40 provides additional benefits for member’s posted to RAAF Base Tindal and section 9.4.40A provides additional benefits for member’s posted to Woomera.

2A.

Remote location leave travel is between the following locations.

 

a.

From one of the following locations.

 

 

i.

The member’s posting location.

 

 

ii.

The location that has an airport that provides commercial passenger air travel that is closest by travel time to the member’s posting location.

 

b.

To one of the following locations.

 

 

i.

The nearest capital city.

 

 

ii.

If the member is posted to a location in the Northern Territory Adelaide.

2B.

If more than one person who is eligible for remote location leave travel travels in the same vehicle, vehicle allowance is only payable to one person.

7
Subsection 9.4.30.2 (Scheme A – member with dependants)

 

Omit the subsection, substitute:

2.

Remote location leave travel benefit is one of the following between the locations specified in subsection 2A and subject to subsection 2B.

 

a.

If the member flies — return flights.

 

b.

If the member drives — vehicle allowance up to the value of the flights had the member flown.

 

Note: Section 9.4.40 provides additional benefits for member’s posted to RAAF Base Tindal and section 9.4.40A provides additional benefits for member’s posted to Woomera.

2A.

Remote location leave travel is between the following locations.

 

a.

From one of the following locations.

 

 

i.

The member’s posting location.

 

 

ii.

The location that has an airport that provides commercial passenger air travel that is closest by travel time to the member’s posting location.

 

b.

To one of the following locations.

 

 

i.

The nearest capital city.

 

 

ii.

If the member is posted to a location in the Northern Territory Adelaide.

2B.

If more than one person who is eligible for remote location leave travel travels in the same vehicle, vehicle allowance is only payable to one person.

8
Subsection 9.4.31.2 (Scheme B – member with dependants)

 

Omit the subsection, substitute:

2.

Remote location leave travel benefit is one of the following between the locations specified in subsection 2A.

 

a.

If the member flies — return flights.

 

b.

If the member is posted to Woomera — one of the following.

 

 

i.

Return flights.

 

 

ii.

Vehicle allowance from Woomera to Adelaide and return, and return flights from Adelaide to another capital city.

 

Note: Section 9.4.40 provides additional benefits for member’s posted to RAAF Base Tindal and section 9.4.40A provides additional benefits for member’s posted to Woomera.

2A.

Remote location leave travel is between the following locations.

 

a.

From one of the following locations.

 

 

i.

The member’s posting location.

 

 

ii.

The location closest to the member’s posting location that has an airport with commercial air travel.

 

b.

To a capital city, other than Darwin.

9
Subsection 9.4.40A.2 (A and B – additional travel arrangements)

 

Omit the subsection, substitute:

2.

The member is eligible for vehicle allowance for return travel by private vehicle between Woomera and the airport at Olympic Dam if all of the following apply.

 

a.

The member is posted to Woomera.

 

b.

The member does not drive to Adelaide.