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 a number of technical amendments that do not alter the underlying policies, or the benefits which are currently provided. This includes the removal of information that is non-legislative in nature and does not need to be determined.
Administered by: Defence
Registered 13 Aug 2021
Tabling HistoryDate
Tabled HR23-Aug-2021
Tabled Senate23-Aug-2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment (Miscellaneous amendments) Determination 2021 (No. 16)

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

Dated 12 August 2021

F L McSPEERIN

Fiona Louise McSpeerin

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 


Contents

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

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

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

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

5  Application............................................................................................................................... 1

Schedule 1—Miscellaneous amendments – Chapter 2                                               2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Miscellaneous amendments – Chapter 3                                               4

Defence Determination 2016/19, Conditions of service                                                                4

Schedule 3—Miscellaneous amendments – Chapter 4                                             14

Defence Determination 2016/19, Conditions of service                                                             14

Schedule 4—Miscellaneous amendments – Chapter 5                                             18

Defence Determination 2016/19, Conditions of service                                                             18

Schedule 5—Miscellaneous amendments – Chapter 6                                             38

Defence Determination 2016/19, Conditions of service                                                             38

Schedule 6—Miscellaneous amendments – Chapter 7                                             50

Defence Determination 2016/19, Conditions of service                                                             50

Schedule 7—Miscellaneous amendments                                                                  75

Defence Determination 2016/19, Conditions of service                                                             75

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment (Miscellaneous amendments) Determination 2021 (No. 16).

2  Commencement

 

1.

Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 4

The day after the instrument is registered

 

2. Schedules 1 to 7

A day to be fixed by Assistant Secretary People Policy and Employment Conditions by notifiable instrument.

 

If the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.

 

 

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

2.

Any information in column 3 of the table is no part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

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.

5  Application

In Schedules 1 to 6 of this Determination the following apply.

Example also includes reference to non-example.

See note also includes reference to see also, related information, relevant information and authority.

Schedule 1—Miscellaneous amendments – Chapter 2

Defence Determination 2016/19, Conditions of service

1
Section 2.0.1 (Overview)

 

Omit the section.

2
Section 2.1.1 (Overview)

 

Omit the section.

3
Chapter 2 Part 1 Division 1 (Benefits for applicants), title

 

Omit the title.

4
Section 2.1.3 (Purpose)

 

Omit “The purpose of this Division is to provide”, substitute “This Part provides”.

5
Chapter 2 Part 1 Division 2 (Information for new recruits)

 

Omit the Division.

6
Chapter 2 Part 1 Division 3 (Superannuation)

 

Omit the Division.

7
Section 2.3.1 (Overview)

 

Omit the section.

8
Section 2.3.5 (Benefit), see notes

 

Omit wherever occurring the see notes.

9
Paragraph 2.3.5.1.a (Benefit)

 

After “long service leave”, insert “under Chapter 5 Part 5”.

10
Paragraph 2.3.5.1.c (Benefit), note

 

Omit the note.

11
Paragraph 2.3.5.5.b (Benefit)

 

Omit the paragraph.

12
Section 2.3.7 (Amount repayable if member continues service), note

 

Omit the note.

13
Paragraph 2.3.13.1.b (Gratuity for certain fixed tenure appointment officers and others), note

 

Omit the note.

14
Subsection 2.3.18.1 (Repayment if a member rejoins), example

 

Omit the example.

15
Section 2.3.19 (Related provisions of the DFRDB Act)

 

Omit the section.

16
Paragraph 2.3.23.1.a (Amount of special benefit), table item 2

 

Omit the see note.

17
Subsection 2.3.27.1 (Benefits during additional transition), see notes

 

Omit wherever occurring the see notes.

18
Paragraph 2.3.27.1.b (Benefits during additional transition)

 

After “Removal”, insert “under Chapter 6”.

19
Paragraph 2.3.27.1.c (Benefits during additional transition)

 

After “assistance”, insert “under Chapter 7”.


Schedule 2—Miscellaneous amendments – Chapter 3

Defence Determination 2016/19, Conditions of service

1
Section 3.0.1 (Overview)

 

Omit the section.

2
Chapter 3 Part 1 (Salaries)

 

Omit the Part.

3
Subsection 3.2.1.2 (Overview), see note

 

Omit the see note.

4
Section 3.2.9 (Death or presumed death of member), related information

 

Omit the related information.

5
Section 3.2.13 (Reserve member taken to be attending for duty), table item 2

 

Omit the example.

6
Section 3.2.14 (Reserve member attending for duty in special circumstances), examples

 

Omit wherever occurring the examples.

7
Section 3.2.15 (Reserve Assistance Program attendance), see notes

 

Omit wherever occurring the see notes.

8
Section 3.2.23 (Member with previous service — commencement salary), examples

 

Omit wherever occurring the examples.

9
Subsection 3.2.23.1 (Member with previous service — commencement salary)

 

Omit the subsection, substitute:

1.

In this section, relevant military service means service that meets all of the following.

 

a.

That was in any of the following.

 

 

i.

The ADF.

 

 

ii.

The forces of a Commonwealth country.

 

 

iii.

The United States of America.

 

b.

It is relevant to the kind of work the member enlisted or is appointed to do.

 

c.

It was performed at a rank equivalent to the rank the member enlisted or is appointed to, or at a higher rank, or a rank the CDF had declared is equivalent.

10
Subsection 3.2.24.2 (Recognition of service in the Reserves), see note

 

Omit the see note.

11
Subsection 3.2.24.2 (Recognition of service in the Reserves), example

 

Omit the example.

12
Subsection 3.2.25.1 (Salary — member undergoing recategorisation training), see note

 

Omit the see note.

13
Section 3.2.26 (Salary rate for training — start and advancement dates), see notes

 

Omit wherever occurring the see notes.

14
Subsection 3.2.26.3 (Salary rate for training — start and advancement dates), examples

 

Omit the examples.

15
Section 3.2.29 (Member this Division does not apply to)

 

After “rate of salary”, insert “under Division 4 or Division 4A”.

16
Section 3.2.29 (Member this Division does not apply to), see note

 

Omit the see note.

17
Section 3.2.30 (Increment advancement), see notes

 

Omit wherever occurring see notes.

18
Section 3.2.34 (Effect of pay increases on increments), example

 

Omit the example.

19
Section 3.2.35 (Effect of pay grade changes on increments), example

 

Omit the example.

20
Section 3.2.36 (Promotion after previous service at temporary or acting rank), examples

 

Omit wherever occurring the examples.

21
Section 3.2.41 (Chaplain, Maritime Spiritual Wellbeing Officers and dental officers — increment advancement, promotion and advancement), examples

 

Omit wherever occurring the examples.

22
Subsection 3.2.41.5 (Chaplain, Maritime Spiritual Wellbeing Officers and dental officers — increment advancement, promotion and advancement), see note

 

Omit the see note.

23
Subsection 3.2.43.3 (Legal Officers — increment advancement and promotion), see note

 

Omit the see note.

24
Subsection 3.2.45.4 (Dental levels — dental officer), see note

 

Omit the see note.

25
Subsection 3.2.47K.5 (Entry placement — member in the Air Force who is not an aviation specialist), table column 4

 

Omit the see note.

26
Subsection 3.2.47Q.2 (Increment on rank reduction), note

 

Omit the note, substitute:

3.

To avoid doubt, if an Officer Aviation member in the Air Force has their rank reduced under paragraph 14(1)(d) of the Defence Regulation, the member continues to hold the Officer Aviation increment the member held immediately before the reduction in rank.

27
Section 3.2.48 (Purpose), note

 

Omit the note.

28
Section 3.2.48 (Purpose), see note

 

Omit the see note.

29
Section 3.2.50 (Member this Division applies to)

 

Omit “otherwise reduce”, substitute “be reduced”.

30
Paragraph 3.2.50.e (Member this Division applies to), see notes

 

Omit wherever occurring the see notes.

31
Paragraph 3.2.51.g (Member this Division does not apply to)

 

After the section, insert:

 

h.

An Other Rank member on appointment and commissioning.

32
Section 3.2.52 (Salary non-reduction period), see notes

 

Omit wherever occurring the see notes.

33
Subsection 3.2.53.2 (Service during salary non-reduction period to count for certain purposes), see note

 

Omit the see note.

34
Paragraph 3.2.56.3.b (Non-reduction supplement for Other Rank members), example

 

Omit the example.

35
Paragraph 3.2.57.1.a (Non-reduction supplement for Other Rank members of the Reserves), see note

 

Omit the see note.

36
Paragraph 3.2.57.3.b (Non-reduction supplement for Other Rank members of the Reserves), example

 

Omit the example.

37
Subsection 3.2.58.3 (Movement between Reserve service and continuous full-time service), note

 

Omit the note.

38
Chapter 3 Part 3 (Salary packaging)

 

Omit the Part.

39
Section 3.4.1 (Overview)

 

Omit the section, substitute:

3.4.1    Purpose

 

This Part sets out the recovery of benefits when a member has received more than what they are eligible for.

40
Section 3.4.2 (Overpayment), examples

 

Omit wherever occurring the examples.

41
Chapter 3 Part 5 (Retention and completion benefits), title

 

After the title, insert:

Division 1: General provisions

42
Section 3.5.1 (Overview)

 

Omit the section, substitute:

3.5.1    Purpose

 

This Part provides retention and completion bonuses to retain members with the relevant skills and capability critical to the ADF.

43
Section 3.5.6 (Member eligible for a bonus), see notes

 

Omit wherever occurring the see notes.

44
Subparagraph 3.5.7.c.ii (Member who is not eligible for a bonus)

 

After “retirement age”, insert “under paragraph 23(2)(b) of the Defence Regulation”.

45
Subparagraph 3.5.7.c.ii (Member who is not eligible for a bonus), see note

 

Omit the see note.

46
Paragraph 3.5.8.1.b (Offer of a bonus), note

 

Omit the note, substitute:

1A.

The period of service determined under subsection 1 must not include any past period of service.

47
Subsection 3.5.8.2 (Offer of a bonus)

 

Omit “positions”.

48
Subsection 3.5.10.3 (Effective service for the purpose of the bonus), table

 

Omit the examples.

49
Subsection 3.5.11.2 (How the offer is accepted), see notes

 

Omit wherever occurring the see notes.

50
Paragraph 3.5.12.2.b (Transfer in from another bonus)

 

Omit the paragraph, substitute:

 

b.

Subject to paragraph c, the member will receive an amount calculated using the following formula for the period they have completed under the other scheme if all of the following are met.

 

 

i.

The other scheme is a completion bonus.

 

 

ii.

The member will not complete the agreed period of service under the other scheme.

 

 

Where:

 

A

is the number of calendar days in the following period.

 

 

a.

Starting on the day the member is taken to start their undertaking to serve under the other scheme.

 

 

b.

Ending on the day before the date the member ceases to serve under the other scheme.

 

B

is the number of days of ineffective service in the period under A.

 

C

is the number of years in the period.

 

D

is the number of leap years in the period.

 

E

is the bonus amount the member would have received under the other scheme.

51
Section 3.5.13 (Payment of the bonus), see note

 

Omit the see note.

52
Subsection 3.5.14D.1 (Offer of a Reserve capability payment)

 

Omit subsection, substitute:

1.

A member of the Reserves may be offered a payment under this section if the CDF is satisfied that all of the following apply.

 

a.

There is a capability gap.

 

b.

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

 

c.

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.

53
Subsection 3.5.14F.2 (Cessation of the Reserve capability payment), table

 

Omit wherever occurring the examples.

54
Subsection 3.5.14l.2 (Payment of the bonus)

 

Omit the subsection, substitute:

2.

The CDF may extend the period under paragraph 1.b up to a maximum of one year if all of the following apply.

 

a.

The member has not met the criteria under paragraph 1.a or paragraph 1.c.

 

b.

The member has not completed the period specified under paragraph 1.b.

55
Paragraph 3.5.66.1.d (Member who is eligible for a retention bonus under this Division), see note

 

Omit the see note.

56
Section 3.5.69 (How to accept the offer of a retention bonus), see notes

 

Omit wherever occurring the see notes.

57
Paragraph 3.5.69.1.c (How to accept the offer of a retention bonus), example

 

Omit the example.

58
Subsection 3.5.70.1 (Service that counts towards a member’s retention bonus), note

 

Omit the note.

59
Subsection 3.5.70.3 (Service that counts towards a member’s retention bonus), table

 

Omit wherever occurring the examples.

60
Subsection 3.5.70.3 (Service that counts towards a member’s retention bonus), see note

 

Omit the see note.

61
Subsection 3.5.71.2 (Payment of the retention bonus), see note

 

Omit the see note.

62
Subsection 3.5.71.6 (Payment of the retention bonus), example

 

Omit the example.

63
Paragraph 3.5.72.1.a (Repayment), example

 

Omit the example.

64
Subsection 3.5.72.3 (Repayment)

 

After the subsection, insert:

4.

The repayment amount under subsection 3 is calculated using the following formula.

 

 

Where:

 

A

is the total number of days in the period that the member agreed to serve under this Division.

 

B

is the number of calendar days in the following period.

 

 

a.

Starting on the day the member is taken to start their undertaking to serve under this Division.

 

 

b.

Ending on the day before the date the member ceases to serve under this Division.

 

C

is the number of days of ineffective service in the period under B.

 

D

is the bonus amount the member would have received under the other scheme.

65
Section 3.5.73 (Calculating a pro rata repayment of the retention bonus)

 

Omit the section.

66
Annex 3.5.A (Eligible members – employment categories)

 

Omit the annex.

67
Section 3.6.1 (Overview), title

 

Omit “Overview”, substitute “Purpose”.

68
Paragraph 3.6.3.b (Member this Part applies to), see note

 

Omit the see note.

69
Section 3.6.4 (Situations that delay service), notes

 

Omit wherever occurring the notes.

70
Paragraph 3.6.4.a (Situations that delay service), example

 

Omit the example.

71
Paragraph 3.6.4.c (Situations that delay service), see notes

 

Omit the see notes.

72
Section 3.6.6 (Deliberately differentiated offer), see notes

 

Omit wherever occurring the see notes.

73
Subsection 3.6.6.2 (Deliberately differentiated offer), table item 6

 

Omit the note.

74
Subsection 3.6.7.2 (How the offer is accepted), see note

 

Omit the see note.

75
Subsection 3.6.8.2 (Member does not complete the period of agreed service), note

 

Omit the note, substitute:

3.

Despite subsection 2, if the member does not complete agreed period of service in relation to a retention bonus under Chapter 3 Part 5, they may be required to repay all or part of the retention bonus.

76
Subsection 3.6.8.2 (Member does not complete the period of agreed service), see note

 

Omit the see note.

 

 


Schedule 3—Miscellaneous amendments – Chapter 4

Defence Determination 2016/19, Conditions of service

1
Section 4.0.1 (Overview)

 

Omit the section.

2
Chapter 4 Part 2 (ADF allowances)

 

Omit the Part.

3
Chapter 4 Part 3 (Qualification and occupation-based allowances)

 

Omit the Part.

4
Section 4.8.1 (Overview)

 

Omit the section.

5
Section 4.8.5 (Member this Division applies to), see notes

 

Omit the see notes.

6
Subsection 4.8.7.1 (Rate of benefit), see note

 

Omit the see note.

7
Section 4.8.18 (Amount of payment)

 

Omit the section, substitute:

4.8.18    Amount of payment

 

The former member is eligible for a daily payment for refresher training calculated using the following formula.

 

 

Where:

 

A

is the rate of salary the former member would have received, including any higher duties allowance, on the day the training course begins at the rank they held on the day before they left the ADF.

 

B

is the salary, excluding overtime or penalty rates, a civilian employer would pay them on the day the training course begins.

 

C

is the period of the course up to a maximum of 90 days.

8
Section 4.8.28 (Definitions), see note

 

Omit the see note.

9
Paragraph 4.8.29.1.c (Member this Division applies to), see note

 

Omit the see note.

10
Section 4.8.30 (Payment), see notes

 

Omit wherever occurring the see notes.

11
Paragraph 4.8.30.1.b (Payment), examples

 

Omit the examples.

12
Section 4.8.31 (Professional development activities), examples

 

Omit wherever occurring the examples.

13
Section 4.8.32 (Calculation of the maximum), see notes

 

Omit wherever occurring the see notes.

14
Section 4.8.32 (Calculation of the maximum), examples

 

Omit wherever occurring the examples.

15
Section 4.9.1 (Overview)

 

Omit the section.

16
Paragraph 4.9.3.b (Purpose), examples

 

Omit the examples.

17
Section 4.9.4 (Definition)

 

Omit the section, substitute:

4.9.4    Definitions

 

The definitions apply in this Division.

 

Commission of Inquiry means an inquiry made under the Defence (Inquiry) Regulations 2018.

18
Section 4.9.6 (Duties attracting a sessional fee), examples

 

Omit wherever occurring the examples.

19
Paragraph 4.9.6.1.c (Duties attracting a sessional fee), table item 5

 

Omit “Court”, substitute “Commission”.

20
Paragraph 4.9.6.1.c (Duties attracting a sessional fee), table item 5

 

Omit the table item, substitute:

 

5.

Military duty as a legal officer representing or assisting in the representation of a person, including a person who has died, before a Commission of Inquiry.

 

21
Paragraph 4.9.6.1.c (Duties attracting a sessional fee), table item 6

 

Omit subparagraph a.iii, substitute:

 

iii.

Acting as an inquiry officer or as an inquiry assistance under section 11 of the Defence (Inquiry) Regulations 2018.

22
Paragraph 4.9.6.1.c (Duties attracting a sessional fee), table

 

Omit the see notes.

23
Subsection 4.9.7.2 (Sessional fee and Reserve salary), examples

 

Omit the examples.

24
Subsection 4.9.8.1 (Amount of sessional fee), table

 

Omit the see notes.

25
Paragraph 4.9.12.3.b (Rate and date of eligibility), see note

 

Omit the see note.

26
Subsection 4.9.16.5 (Health support allowance — Capability at short notice), example

 

Omit the example.

27
Section 4.9.16.6 (Health support allowance — Capability at short notice)

 

Omit the subsection, substitute:

6.

The amount the member must repay under subsection 5 is calculated using the following formula.

 

 

Where:

 

A

is the number of days in the following period.

 

 

a.

Starting when the member stops being insured under a health insurance policy.

 

 

b.

Ending one year after the member became eligible for their last health support allowance payment.

 

B

is the amount of the member’s last payment under this Division.

28
Subsection 4.9.21.3 (Payment following a Defence activity), example

 

Omit the example.

29
Paragraph 4.10.2.a (Members eligible), examples

 

Omit the examples.

 


Schedule 4—Miscellaneous amendments – Chapter 5

Defence Determination 2016/19, Conditions of service

1
Section 5.0.1 (Overview)

 

Omit the section.

2
Chapter 5 Part 1 (Overview), title

 

Omit “Overview”, substitute “General provisions”.

3
Section 5.1.2 (Leave overview), examples

 

Omit wherever occurring the examples.

4
Section 5.3.2 (Member this Part applies to), see note

 

Omit the see note.

5
Paragraph 5.3.4.4.c (Medical absence without recommendation from a health professional), example

 

Omit the example.

6
Paragraph 5.3.5.1.b (Medical absence on recommendation from a health professional), example

 

Omit the example.

7
Subsection 5.3.5.3 (Medical absence on recommendation from a health professional), related information

 

Omit “Related information”, substitute “Note”.

8
Subsection 5.3.6.1 (Refusal to grant a medical absence), examples

 

Omit wherever occurring the examples.

9
Subsection 5.3.6.3 (Refusal to grant a medical absence), notes

 

Omit the notes.

10
Paragraph 5.3.7.1.a (Granting a medical absence without an application form), see note

 

Omit the see note.

11
Section 5.3.9 (Payment of salary and allowances on a medical absence), see notes

 

Omit wherever occurring the see notes.

12
Subsection 5.3.9.1 (Payment of salary and allowances on a medical absence), example

 

Omit the example.

13
Subsection 5.3.10.3 (Interaction between medical absence and other forms of leave), see note

 

Omit the see note.

14
Subsection 5.3.10.3 (Interaction between medical absence and other forms of leave), example

 

Omit the example.

15
Section 5.3.11 (Travel for medical purposes), see notes

 

Omit wherever occurring the see notes.

16
Paragraph 5.3.11.a (Travel for medical purposes), note

 

Omit the note.

17
Paragraph 5.3.11.b (Travel for medical purposes), example

 

Omit the example.

18
Section 5.4.1 (Purpose)

 

Omit the section.

19
Chapter 5 Part 4 Division 1 (Purpose, eligible members and definitions), title

 

Omit “Purpose, eligible members and definitions”, substitute “General provisions”.

20
Paragraph 5.4.4.2.b (Members this part applies to), note

 

Omit the note.

21
Section 5.4.6 (Definitions), table

 

Omit the note.

22
Section 5.4.10 (Definitions)

 

Omit the section, substitute:

5.4.10    Definitions

 

The following definitions apply in this Division.

 

Field service has the same meaning as in Division B.13 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Flight duties has the same meaning as in Division B.7 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Special service means service performed for one of the following.

 

a.

For the purposes of Division B.12 of DFRT Determination No. 11 of 2013, ADF allowances.

 

b.

For the purposes of Division B.14 of DFRT Determination No. 11 of 2013, ADF allowances.

23
Section 5.4.11 (How additional leave accrues), examples

 

Omit wherever occurring the examples.

24
Subsection 5.4.11.3 (How additional leave accrues), related information

 

Omit the related information.

25
Subsection 5.4.13.1 (Sea service)

 

Omit the subsection, substitute:

1.

This section applies to a member who meets the eligibility conditions for a rate of maritime disability allowance under Division B.9 of DFRT Determination No. 11 of 2013, ADF allowances.

26
Subsection 5.4.14.1 (Field service)

 

Omit the subsection, substitute:

1.

This section applies to a member who meets the eligibility conditions for a rate of field allowance under Division B.13 of DFRT Determination No. 11 of 2013, ADF allowances.

27
Subsection 5.4.14.2 (Field service), examples

 

Omit the examples.

28
Subsection 5.4.15.1 (Flight duties)

 

Omit the subsection, substitute:

1.

This section applies to a member who meets the eligibility conditions for a rate of flying disability allowance under Division B.7 of DFRT Determination No. 11 of 2013, ADF allowances.

29
Paragraph 5.4.16.1.a (Special service)

 

Omit the paragraph, substitute:

 

a.

Special Forces disability allowance under Division B.12 of DFRT Determination No. 11 of 2013, ADF allowances.

30
Paragraph 5.4.16.1.b (Special service)

 

Omit the paragraph, substitute:

 

b.

Clearance diver allowance under Division B.14 of DFRT Determination No. 11 of 2013, ADF allowances.

31
Section 5.4.19 (Member this Division does not apply to), see note

 

Omit the see note.

32
Subparagraph 5.4.20.1.c.i (Eligibility), example

 

Omit the example.

33
Subsection 5.4.22.2 (Application to purchase recreation leave), see note

 

Omit the see note.

34
Subsection 5.4.22.5 (Application to purchase recreation leave), note

 

Omit “At the time”, substitute “Subject to subsection 4, at the time”.

35
Subsection 5.4.22.5 (Application to purchase recreation leave), note

 

Omit the note.

36
Subsection 5.4.22.5 (Application to purchase recreation leave), examples

 

Omit the examples.

37
Subsection 5.4.25.3 (Credit of purchased recreation leave)

 

Omit the subsection, substitute:

3.

The amount of leave the member is credited each fortnight is calculated using the following formula.

 

 

Where:

 

A

is the total number of hours of recreation leave credits that were approved to be purchased.

 

B

is the number of pay periods the member elected to pay for the purchased hours over.

38
Subsection 5.4.25.4 (Credit of purchased recreation leave), example

 

Omit the example.

39
Section 5.4.26A (Administration of purchased recreation leave), see notes

 

Omit wherever occurring the see notes.

40
Section 5.4.28 (Member eligible for trainee leave), examples

 

Omit wherever occurring the examples.

41
Section 5.4.30 (Purpose), see note

 

Omit the see note.

42
Subsection 5.4.31.2 (Conditions of granting leave)

 

Omit the subsection, substitute:

2.

Time limits for taking leave credits are set out in section 5.4.34.

43
Subsection 5.4.33.4 (Grant of recreation leave), related information

 

Omit the related information.

44
Subsection 5.4.33A.1 (Leave credits)

 

Omit the subsection, substitute:

1.

A member’s leave credits are reduced by the number of days, or part days, for which recreation leave is granted.

45
Subsection 5.4.33A.2 (Leave credits), table

 

Omit the see notes.

46
Subsection 5.4.34.1 (Expiration of recreation leave credits (‘leave lapsing’))

 

Omit the subsection, substitute:

1.

If a member has a recreation leave credit that exceeds 90 days on the lapsing day, the recreation leave credit that exceeds 90 days expires on the lapsing day.

1A.

For the purpose of subsection 1, the lapsing day is the last payday before 30 June each year.

47
Subsection 5.4.34.5 (Expiration of recreation leave credits (‘leave lapsing’)), note

 

Omit the note.

48
Section 5.4.35 (Re-credit of recreation leave), examples

 

Omit wherever occurring the examples.

49
Section 5.4.35 (Re-credit of recreation leave), see notes

 

Omit wherever occurring the see notes.

50
Subsection 5.4.36.3 (Salary for recreation leave)

 

Omit the subsection, substitute:

3.

Special arrangements apply under section 4.1.7 to the payment of higher duties allowance during a period of recreation leave.

51
Subsection 5.4.37.2 (Payment of allowances on recreation leave)

 

Omit “under section 5.1.2A”, substitute “under subsection 1”..

52
Subsection 5.4.37.4 (Payment of allowances on recreation leave), authority

 

Omit the authority.

53
Paragraph 5.4.38.1.e (Member seconded or attached for duty), example

 

Omit the example.

54
Section 5.4.41 (Member this Division applies to)

 

Omit the section, substitute:

5.4.41    Member this Division applies to

 

This Division applies to the following.

 

a.

A member who ceases continuous full-time service, including the CDF.

 

b.

A member who has died, but limited to calculate the amount payable under section 1.6.4.

55
Annex 5.4.A (Remote locations within Australia additional recreation leave), see note

 

Omit the see note.

56
Section 5.5.1 (Overview)

 

Omit the section.

57
Section 5.5.2 (Purpose)

 

Omit the section.

58
Chapter 5 Part 5 Division 1 (Members eligible, definitions and general principles), title

 

Omit the title, substitute:

Division 1: General provisions

5.5.1    Purpose

 

Long service leave is intended to give an extended period away from work to a member who has served for 10 years or more.

59
Section 5.5.4 (Member this Part applies to), note

 

Omit the note.

60
Section 5.5.5 (Definitions)

 

Omit the section, substitute:

5.5.5    Definitions

 

In this Part the following apply.

 

Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976.

 

Start Date is one of the following.

 

a.

For a period of long service leave, the first day of the member’s absence.

 

b.

For payment of long service leave, the earliest of the following days.

 

 

i.

The day the member begins career transition training.

 

 

ii.

The day the member is transferred to a transition centre.

 

 

iii.

The day the member begins a period of recreation leave or long service leave that ends immediately before the member ceases continuous full-time service.

 

 

iv.

The day the member ceases continuous full-time service.

61
Section 5.5.6 (Administrative concepts), examples

 

Omit wherever occurring the examples.

62
Section 5.5.6.3 (Administrative concepts)

 

Omit “A month’s leave may be a calendar month or may span two calendar months.”.

63
Section 5.5.8 (Long service leave entitlement), examples

 

Omit wherever occurring the examples.

64
Subsection 5.5.8.1 (Long service leave entitlement), see note

 

Omit the see note.

65
Paragraph 5.5.8.2.b (Long service leave entitlement)

 

Omit “Every”, substitute “Each full”.

66
Subsection 5.5.8.2 (Long service leave entitlement), note

 

Omit the note.

67
Section 5.5.13 (Accrued service), see note

 

Omit the see note.

68
Subsection 5.5.14.1 (Prior Reserve service)

 

Omit “Reserve service”, substitute “Subject to subsection 5.5.15.2, Reserve service”.

69
Subsection 5.5.14.1 (Prior Reserve service), note

 

Omit the note.

70
Subsection 5.5.14.2 (Prior Reserve service), example

 

Omit the example.

71
Section 5.5.15 (Prior service), see notes

 

Omit wherever occurring the see notes.

72
Section 5.5.15 (Prior service), examples

 

Omit wherever occurring the examples.

73
Subsection 5.5.15.1 (Prior service)

 

Omit the subsection, substitute:

1.

A period that could be counted as service under the Long Service Leave Act, on or after 1 January 1973, is accrued service under this Part.

1A.

The following are not recognised as prior service under this Part.

 

a.

Periods of ineffective service with a prior employer.

 

b.

Service with the armed forces of another country.

74
Section 5.5.16 (Overlapping prior service), examples

 

Omit wherever occurring the examples.

75
Section 5.5.17 (Effect of part-time prior service), examples

 

Omit wherever occurring the examples.

76
Subsection 5.5.17.1 (Effect of part-time prior service)

 

Omit the subsection.

77
Subparagraph 5.5.18.b.ii (Periods that are not accrued service), see note

 

Omit the see note.

78
Paragraph 5.5.18.c (Periods that are not accrued service)

 

Omit the paragraph, substitute:

 

c.

Any period of more than one day that the member is not entitled to salary or allowances under Chapter 1 Part 7.

79
Subsection 5.5.19.2 (Member’s responsibilities), examples

 

Omit the examples.

80
Paragraph 5.5.24.b (Member this Division applies to), see note

 

Omit the see note.

81
Section 5.5.25 (Members this Division does not apply to)

 

Omit the section, substitute:

5.5.25    Members this Division does not apply to

 

This Division does not apply to the following members.

 

a.

A member who is discharged from on Service to start an appointment in another Service without a break.

 

b.

A member who has died.

82
Section 5.5.26 (Payment instead of long service leave), see notes

 

Omit wherever occurring the see notes.

83
Subsection 5.5.26.2 (Payment instead of long service leave), example

 

Omit the example.

84
Section 5.5.27 (Member on higher duties, temporary or acting rank), examples

 

Omit wherever occurring the examples.

85
Section 5.5.27 (Member on higher duties, temporary or acting rank), see notes

 

Omit wherever occurring the see notes.

86
Subsection 5.5.28.3 (Pro rata entitlement), see note

 

Omit the see note.

87
Section 5.6.3 (Summary), see notes

 

Omit wherever occurring the see notes.

88
Section 5.6.6 (Required absence period and maternity leave), see notes

 

Omit wherever occurring the see notes.

89
Section 5.6.7 (Termination of pregnancy overview), examples

 

Omit wherever occurring the examples.

90
Subsection 5.6.7.1 (Termination of pregnancy overview)

 

Omit the subsection.

91
Section 5.6.8 (Leave without pay and maternity leave), examples

 

Omit the examples.

92
Section 5.6.8 (Leave without pay and maternity leave), see notes

 

Omit the see notes.

93
Section 5.6.8 (Leave without pay and maternity leave), comparison

 

Omit the comparison.

94
Subsection 5.6.9.2 (Parental leave and maternity leave)

 

Omit the subsection, substitute:

2.

A member who has been granted maternity leave may also be eligible for parental leave under Part 7.

95
Subsection 5.6.10.1 (Notice), note

 

Omit the note.

96
Subsection 5.6.11.2 (How to apply for maternity leave), see also note

 

Omit the see also note.

97
Section 5.6.12 (Overview), title

 

Omit “Overview”, substitute “Purpose”.

98
Subsection 5.6.12.1 (Overview)

 

Omit the subsection, substitute:

1.

This Division sets out the maternity leave entitlement available to a member.

99
Subsection 5.6.12.2 (Overview), see notes

 

Omit wherever occurring the see notes.

100
Section 5.6.13 (Leave entitlement), see notes

 

Omit wherever occurring the see notes.

101
Subsection 5.6.18.1 (Access to other leave), examples

 

Omit the examples.

102
Subsection 5.6.18.2 (Access to other leave), see notes

 

Omit the see notes.

103
Subsection 5.6.19.2 (Effects of unpaid maternity leave), see note

 

Omit the see note.

104
Subsection 5.6.20.1 (Resuming duty), note

 

Omit the note.

105
Subsection 5.6.20.2 (Resuming duty), note

 

Omit the note.

106
Subsection 5.6.20.3 (Resuming duty), see note

 

Omit the see note.

107
Subsection 5.6.21.3 (Resuming leave)

 

Omit “have access to parental leave”, substitute “be eligible for parental leave under Part 7”.

108
Subsection 5.6.21.3 (Resuming leave), see note

 

Omit the see note.

109
Section 5.6.22 (Examples)

 

Omit the section.

110
Subsection 5.6.23.3 (Required absence), see note

 

Omit the see note.

111
Section 5.6.24 (Period of required absence), table item 1

 

Omit the see note.

112
Subsection 5.6.26.2 (Continuing to perform duty during the required absence), examples

 

Omit the examples.

113
Subsection 5.6.26.4 (Continuing to perform duty during the required absence), note

 

Omit the note.

114
Subsection 5.6.27.5 (Resuming duty during the required absence), see note

 

Omit the see note.

115
Paragraph 5.6.28.a (Member already on leave without pay), see note

 

Omit the see note.

116
Subsection 5.6.29.1 (Cancelling the leave without pay), see note

 

Omit the see note.

117
Section 5.6.30 (Required absence), see notes

 

Omit wherever occurring the see notes.

118
Paragraph 5.6.30.3.a (Required absence), example

 

Omit the example.

119
Subsection 5.6.31.1 (Maternity leave), example

 

Omit the example.

120
Subsection 5.6.31.2 (Maternity leave), see notes

 

Omit the see notes.

121
Subsection 5.6.32.2 (Discretion to vary), examples

 

Omit the examples.

122
Chapter 5 Part 8 (War service leave)

 

Omit “Note: For more information on warlike and non-warlike deployments, see Chapter 17, Warlike and non-war-like deployments.”.

123
Section 5.8.2 (Definitions)

 

Omit the section, substitute:

5.8.2    Definitions

 

In this Part the following apply.

 

Operational area means any of the following.

 

a.

For overseas service on deployment, has the meaning given in section 1.3.48.

 

b.

For overseas service other than a deployment, has the meaning given in section 6 of the Veterans’ Entitlements Act 1986.

124
Subsection 5.8.4.3 (War service leave credit)

 

Omit the subsection, substitute:

3.

The amount of war service leave credit for a fortnightly pay period is calculated using the following formula and rounded to the nearest 2 decimal places.

 

 

Where:

 

A

is the number of days the member spent in an operational area while on warlike service during a fortnightly pay period.

 

B

is any of the following part days which count as a full day.

 

 

a.

Any part day at the beginning or the end of the period.

 

 

b.

Any part day when the member is absent from the operational area.

125
Subsection 5.8.5.2 (Granting leave), see note

 

Omit the see note.

126
Subsection 5.8.6.2 (War service leave and other leave)

 

Omit the subsection, substitute:

2.

The member does not accrue any of the following leave types while on warlike service in an operational area.

 

a.

Additional recreation leave in a remote location under section 5.4.17.

 

b.

Additional recreation leave in a hardship location under Chapter 16 Part 3A.

 

c.

Additional recreation leave for non-warlike service under Chapter 17 Part 7 Division 3.

 

d.

Extra recreation leave for arduous or prolonged duty under Part 4 Division 4.

127
Subsection 5.8.6.3 (War service leave and other leave)

 

After “recreation leave”, insert “under Part 4 Division 3”.

128
Subsection 5.8.6.3 (War service leave and other leave), see note

 

Omit the see note.

129
Subsection 5.8.7.3 (Debiting leave credit), related information

 

Omit the related information.

130
Section 5.8.10 (Payment instead of leave leaving continuous full-time service), examples

 

Omit wherever occurring the examples.

131
Subsection 5.8.10.1 (Payment instead of leave leaving continuous full-time service), note

 

Omit the note.

132
Subsection 5.8.10.2 (Payment instead of leave — leaving continuous full-time service), see note

 

Omit the see note.

133
Section 5.9.1 (Overview)

 

Omit the section.

134
Chapter 5 Part 9 Division 1 (Introduction), title

 

Omit “Introduction”, substitute “General provisions”.

135
Section 5.9.9 (Definitions)

 

Omit the section.

136
Section 5.9.10 (Compassionate leave), examples

 

Omit wherever occurring the examples.

137
Subsection 5.9.12.3 (Carer’s leave), examples

 

Omit the examples.

138
Subsection 5.9.14.1 (Special leave for private purposes), see note

 

Omit the see note.

139
Subsection 5.9.17.1 (Member this Division applies to)

 

Omit the subsection, substitute:

1.

This Division applies to a member who undertakes any of the following kinds of travel.

 

a.

Recreation leave travel taken in Australia only under Chapter 9 Part 4 Division 1.

 

b.

Compassionate travel under Chapter 9 Part 3 Division 8.

 

c.

Pre-deployment leave travel under Chapter 9 Part 4 Division 2.

 

d.

Travel for removal purposes in Australia under Chapter 9 Part 2 Division 3.

 

e.

Return travel to Australia from a deployment using relief out-of-country travel fare assistance under Chapter 17 Part 7 Division 4.

140
Subsection 5.9.17.2 (Member this Division applies to), example

 

Omit the example.

141
Subsection 5.9.17.2 (Member this Division applies to), see note

 

Omit the see note.

142
Section 5.9.19 (Purpose), see note

 

Omit the see note.

143
Subsection 5.9.22.2 (Conditions of benefit), examples

 

Omit the examples.

144
Subsection 5.9.24.1 (Attendance at court proceedings), note

 

Omit the note.

145
Subsection 5.9.24.2 (Attendance at court proceedings), examples

 

Omit the examples.

146
Section 5.10.4 (Grant of leave without pay), examples

 

Omit wherever occurring the examples.

147
Subsection 5.10.4.4 (Grant of leave without pay), see note

 

Omit the see note.

148
Paragraph 5.10.6.3.a (Allowances during leave without pay)

 

Omit the paragraph, substitute:

 

a.

Whether it would severely disadvantage a member or their dependants if they ceased to be eligible for an allowance during a period.

149
Subsection 5.10.6.4 (Allowances during leave without pay), example

 

Omit the example.

150
Section 5.10.7 (Effects on other conditions of service summary), see notes

 

Omit wherever occurring the see notes.

151
Subsection 5.10.7.1 (Effects on other conditions of service summary)

 

Omit the subsection, substitute:

1.

A period of leave without pay does not count as qualifying service for any of the following.

 

a.

Salary increments under Chapter 3 Part 2 Division 3.

 

b.

Recreation leave under section 5.4.8 if the leave without pay is for longer than 24 hours.

 

c.

Long service leave under section 5.5.18 if the leave without pay is not for illness and is for more than three months.

152
Paragraph 5.10.7.2.b (Effects on other conditions of service summary), example

 

Omit the example.

153
Subsection 5.10.8.1 (Payment of charges to the Commonwealth), example

 

Omit the example.

154
Subsection 5.10.8.1 (Payment of charges to the Commonwealth), see note

 

Omit the see note.

155
Annex 5.10.A (Allowances and reimbursements during leave without pay)

 

Omit the Annex.

156
Section 5.11.1 (Overview)

 

Omit the section.

157
Section 5.11.5 (Approval of absence), see notes

 

Omit wherever occurring the see notes.

158
Subsection 5.11.5.1 (Approval of absence), examples

 

Omit the examples.

159
Subsection 5.11.6.2 (Short absence from duty and additional recreation leave), example

 

Omit the example.

160
Subsection 5.11.6.2 (Short absence from duty and additional recreation leave), see note

 

Omit the see note, substitute:

3.

Before a member is granted short absence from duty with additional recreation leave section 5.11.5 must also be met.

161
Section 5.11.7 (Conditions on grant of absence), examples

 

Omit wherever occurring the examples.

162
Subsection 5.11.7.1 (Conditions on grant of absence), related information

 

Omit the related information.

163
Paragraph 5.11.18.2.b (Short absence from duty school and child care attendance), note

 

Omit the note.

164
Subsection 5.12.1.2 (Public holidays), note

 

Omit the note.

165
Subsection 5.12.1.2 (Public holidays), see note

 

Omit the see note.

166
Subsection 5.12.1.3 (Public holidays), example

 

Omit the example.

167
Subsection 5.12.3.4 (Christmas stand-down), see notes

 

Omit the see notes.

168
Section 5.13.1 (Purpose), see note

 

Omit the see note.

169
Paragraph 5.13.1.a (Purpose)

 

After “period of leave”, insert “for operational reasons”.

170
Subsection 5.13.2.2 (Basis), examples

 

Omit the examples.

171
Section 5.13.3 (Payment for costs)

 

Omit the section.

172
Section 5.13.5 (Member is temporarily recalled from leave location), examples

 

Omit wherever occurring the examples.

173
Paragraph 5.13.5.2.a (Member is temporarily recalled from leave location), see note

 

Omit the see note.

174
Section 5.13.6 (Costs where member is recalled from holiday location), examples

 

Omit wherever occurring the examples.

175
Paragraph 5.13.6.2.a (Costs where member is recalled from holiday location), see note

 

Omit the see note.

176
Paragraph 5.13.7.3.c (Costs where member is recalled from holiday location), examples

 

Omit the examples.

177
Subsection 5.13.7.3 (Costs where member is recalled from holiday location), see note

 

Omit the see note.

178
Subsection 5.13.9.1 (Re-credit of leave)

 

Omit the subsection, substitute:

1.

A member will be re-credited unused leave under section 5.4.35 when the unused leave is a result of a recall from leave order.

179
Subsection 5.13.9.2 (Re-credit of leave), see note

 

Omit the see note.


Schedule 5—Miscellaneous amendments – Chapter 6

Defence Determination 2016/19, Conditions of service

1
Section 6.0.1 (Overview)

 

Omit the section, substitute:

Part 1A: General provisions

6.1A.1    Purpose

 

This Chapter sets out the provisions relating to relocation benefits for members and their dependants when they are relocating within Australia.

2
Section 6.0.3 (Definitions), title

 

Omit “6.0.3”, substitute “6.1A.2”.

3
Section 6.0.3 (Definitions), examples

 

Omit wherever occurring the examples.

4
Section 6.0.3 (Definitions)

 

Omit the definition of Suitable own home, substitute:

 

Suitable own home

Has the same meaning as in Chapter 7 Part 2.

 

5
Section 6.1.1 (Overview)

 

Omit the section.

6
Section 6.1.4 (Members eligible), see notes

 

Omit wherever occurring the see notes.

7
Paragraph 6.1.5.d (Members not eligible), examples

 

Omit the examples.

8
Subsection 6.1.13.2 (Telephone installation or reconnection costs), note

 

Omit the note.

9
Subsection 6.1.13.2 (Telephone installation or reconnection costs), see note

 

Omit the see note.

10
Section 6.1.16 (Purpose), see note

 

Omit the see note.

11
Subsection 6.1.17.3 (Members eligible), see note

 

Omit the see note.

12
Section 6.1.21 (When costs may be reimbursed), examples

 

Omit wherever occurring the examples.

13
Subsection 6.1.22.2 (When costs may be reimbursed – member posted overseas), see note

 

Omit the see note.

14
Section 6.1.23 (When costs will not be reimbursed), examples

 

Omit wherever occurring the examples.

15
Section 6.1.23 (When costs will not be reimbursed), see note

 

Omit the see note.

16
Subparagraph 6.1.27.2.b.ii (Limitations on animal removals), example

 

Omit the example.

17
Section 6.2.2 (Furniture and effects – loss on sale)

 

Omit the section, substitute:

6.2.2    Furniture and effects – loss on sale

1.

A member, or a dependant of a deceased member, is eligible for the reimbursement of the financial loss on the sale of furniture and effects if they choose to sell the items instead of having them removed to another location in Australia.

2.

A reimbursement under this section is only payable to one person.

18
Intentionally blank
19
Section 6.2.3.3 (Furniture and effects – amount of reimbursement), examples

 

Omit the examples.

20
Section 6.2.4 (Private vehicles – loss on sale), see notes

 

Omit wherever occurring the see notes.

21
Subsection 6.2.4.3 (Private vehicles – loss on sale), notes

 

Omit the notes, substitute:

4.

If the member’s adult dependant is also a member, only one member is eligible for the benefit under this section.

22
Subsection 6.2.4.3 (Private vehicles – loss on sale), see note

 

Omit the see note.

23
Section 6.2.5 (Private vehicles – amount of reimbursement), examples

 

Omit wherever occurring the examples.

24
Subsection 6.2.5.5 (Private vehicles – amount of reimbursement), see note

 

Omit the see note.

25
Chapter 6 Part 3 (Travel for removal purposes in Australia)

 

Omit the Part.

26
Section 6.5.1 (Overview)

 

Omit the section.

27
Chapter 6 Part 5 Division 1 (Removals and storage overview), title

 

Omit the title, substitute:

Division 1: General provisions

28
Section 6.5.4 (Members eligible for a removal)

 

Omit the section, substitute:

6.5.4    CDF approved removal

1.

A member who is not eligible for a removal under a Division listed in subsection 2, is eligible for a removal under this Part if the CDF is satisfied that any of the following apply to the member or their dependants.

 

a.

The safety or welfare of the member or dependant would be at high risk if they stayed in their accommodation.

 

b.

A change in family circumstances requires urgent action.

 

c.

The removal is necessary to prevent an emergency from happening.

 

d.

The member has specific housing needs during rehabilitation or as a result of an acquired injury.

2.

For the purpose of subsection 1 the Divisions are as follows.

 

a.

Division 4, Posting or deployments.

 

b.

Division 6, Removal on ceasing continuous full-time service.

 

c.

Division 8, When a member becomes a member with dependants.

 

d.

Division 9, When a member ceases to be a member with dependants.

 

e.

Division 11, Removal on death of a member.

6.5.4A    Member of the Reserves eligible for a removal

 

A member of the Reserves is eligible for a removal on the following occasions.

 

a.

When they are to begin continuous full-time service on a posting or more than 6 months.

 

b.

When they cease continuous full-time service that was for a period of more than 6 months.

29
Paragraph 6.5.5.c (Members not eligible for a removal)

 

Omit “. However, they may be eligible for a removal if Service reasons require them to relocate”, substitute “, unless the member’s Service require them to relocate”.

30
Paragraph 6.5.5.d (Members not eligible for a removal)

 

Omit the paragraph, substitute:

 

d.

If the member requests to have the decision to grant an extended posting location under section 1.3.55 revoked.

31
Subsection 6.5.6.2 (When a member's adult dependant is also a member), notes

 

Omit the notes.

32
Subsection 6.5.6.2 (When a member's adult dependant is also a member)

 

After the subsection, insert:

3.

A removal under subparagraph 2.b.ii does not include the dependant’s furniture and effects.

33
Subsection 6.5.6.2 (When a member's adult dependant is also a member), see note

 

Omit the see note.

34
Subsection 6.5.8 (Purpose)

 

Omit “describes”, substitute “sets out”.

 

35
Subsection 6.5.11.2 (Items not removed at Commonwealth expense), examples

 

Omit the examples.

36
Paragraph 6.5.11A.4.b (Items not removed at Commonwealth expense during the COVID-19 pandemic), example

 

Omit the example.

37
Subsection 6.5.12A.1 (Insurance for urgently required household items), example

 

Omit the example.

38
Subsection 6.5.14.1 (Technical help for dismantling and installing items)

 

Omit “Members are to be reimbursed the”, substitute “A member is eligible for the reimbursement of”.

39
Subsection 6.5.14.2 (Technical help for dismantling and installing items), example

 

Omit the example.

40
Subsection 6.5.15.2 (Privately arranged removals – eligibility and conditions for assistance), see notes

 

Omit wherever occurring the see notes.

41
Paragraph 6.5.16.3.b (Privately arranged removals – eligibility), see note

 

Omit the see note.

42
Subsection 6.5.18.1 (Purpose)

 

Omit “describes”, substitute “sets out”.

43
Subsection 6.5.18.2 (Purpose), related information

 

Omit the related information.

44
Paragraph 6.5.19.2.d (Compassionate removal to a personal location where benefits are provided), examples

 

Omit the examples.

45
Section 6.5.19A (Removal to a personal location for employment or study), examples

 

Omit wherever occurring the examples.

46
Subsection 6.5.20.1 (Removal to a personal location where benefits are provided instead of a remote location)

 

Omit the subsection, substitute:

1.

If a member is posted to a remote location for 6 months or more, the member is eligible for a removal for their dependants to a personal location.

1A.

A removal under subsection 1 is limited to what would be paid for a removal to the remote location.

47
Subsection 6.5.22.2 (Removal of dependants from personal location to current posting location), example

 

Omit the example.

48
Section 6.5.25 (Resident child carer does not attract any benefit), see note

 

Omit the see note.

49
Subsection 6.5.26.2 (Posting of six months or more), example

 

Omit the example.

50
Subsection 6.5.26.3 (Posting of six months or more), see note

 

Omit the see note.

51
Subsection 6.5.27.2 (Posting of member with dependants (unaccompanied)), note

 

Omit the note.

52
Subsection 6.5.28.2 (Removal of gap year members), related information

 

Omit the related information.

53
Subsection 6.5.28.4 (Removal of gap year members), see note

 

Omit the see note.

54
Subsection 6.5.29.1 (Removal between residences in the posting location – Australia)

 

Omit “describes”, substitute “sets out”.

55
Subsection 6.5.29.1 (Removal between residences in the posting location – Australia)

 

Omit “(For overseas removals, see Chapter 14, Relocating to or from a long-term posting overseas.)”.

56
Subsection 6.5.29.1 (Removal between residences in the posting location – Australia), table

 

Omit wherever occurring the see notes.

57
Subsection 6.5.29.1 (Removal between residences in the posting location – Australia), table item 5

 

Omit the examples.

58
Subsection 6.5.30.3 (Removal in anticipation of a posting – before posting authority issued), example

 

Omit the example.

59
Section 6.5.35 (Removal deferred until after posting date), table item 2

 

Omit the see note.

60
Subsection 6.5.36.1 (Removal on posting to a seagoing ship or seagoing submarine), note

 

Omit the note.

61
Subsection 6.5.37.1 (Posting to a remote location), note

 

Omit the note.

62
Section 6.5.38 (Removal on deployment), see notes

 

Omit wherever occurring the see notes.

63
Section 6.5.39 (Purpose)

 

Omit “describes”, substitute “sets out”.

64
Section 6.5.41 (Removal of towable items), see notes

 

Omit wherever occurring the see notes.

65
Section 6.5.41 (Removal of towable items), examples

 

Omit wherever occurring the examples.

66
Section 6.5.42 (When a towable item may be transported by freight), note

 

Omit the note.

67
Paragraph 6.5.42.c (When a towable item may be transported by freight), example

 

Omit the example.

68
Paragraph 6.5.43.2.a (Removal of recreational or hobby vehicles), example

 

Omit the example.

69
Subsection 6.5.44.3 (Collection and delivery of transported vehicles), example

 

Omit the example.

70
Section 6.5.45 (Purpose), note

 

Omit the note.

71
Paragraph 6.5.46.2.a (Removal on ceasing continuous full-time service), note

 

Omit the note.

72
Subsection 6.5.47.2 (Removal if service continues after intended date of ceasing), example

 

Omit the example.

73
Subparagraph 6.5.47.4.a.i (Removal if service continues after intended date of ceasing), see note

 

Omit the see note.

74
Subsection 6.5.48.1 (Removal on ceasing continuous full-time service at own request), table item 1

 

Omit the note.

75
Section 6.5.49 (Removal of a vehicle on ceasing continuous full-time service)

 

Omit the section, substitute:

6.5.49    Removal of a vehicle on ceasing continuous full-time service

 

A member’s eligibility for the removal of a vehicle, including towable items, a recreational or hobby vehicle, on ceasing continuous full-time service is the same as for a removal on posting under section 6.5.40.

76
Section 6.5.50 (Purpose)

 

Omit “describes”, substitute “sets out”.

77
Subsection 6.5.51.2 (Period for which storage is provided – general), see note

 

Omit the see note.

78
Subsection 6.5.52.1 (Member with dependants)

 

Omit “describes”, substitutes “sets out”.

79
Subsection 6.5.52.1 (Member with dependants), table

 

Omit wherever occurring the examples.

80
Subsection 6.5.52.2 (Member with dependants)

 

Omit the subsection, substitute:

2.

A member ceases to be eligible for storage if they reject an offer of a suitable Service residence and they become ineligible to receive temporary accommodation allowance or rent allowance.

81
Section 6.5.53 (Member with dependants (unaccompanied)), see notes

 

Omit wherever occurring the see notes.

82
Section 6.5.54 (Member without dependants), see notes

 

Omit wherever occurring the see notes.

83
Subsection 6.5.54.1 (Member without dependants)

 

Omit “describes”, substitutes “sets out”.

84
Subsection 6.5.54.1 (Member without dependants), table item 1

 

Omit wherever occurring the examples.

85
Subsection 6.5.54.1 (Member without dependants), table item 1

 

Omit the note.

86
Subsection 6.5.56.1 (Storage of statutory officer’s official Defence vehicle), note

 

Omit the note.

87
Subsection 6.5.57.2 (Members with own home at posting location), example

 

Omit the example.

88
Subsection 6.5.61.5 (Storage on death of a member with dependants), note

 

Omit the note.

89
Subsection 6.5.62.6 (Removal to and from a storage facility), example

 

Omit the example.

90
Section 6.5.63 (Review of storage of furniture and effects), see notes

 

Omit wherever occurring the see notes.

91
Section 6.5.65 (Purpose)

 

Omit “describes”, substitute “sets out”.

92
Section 6.5.65 (Purpose), see notes

 

Omit wherever occurring the see notes.

93
Subsection 6.5.73 (Benefit only granted once for the same relationship), example

 

Omit the example.

94
Section 6.5.74 (Purpose)

 

Omit “describes”, substitutes “sets out”.

95
Section 6.5.74 (Purpose), note

 

Omit the note.

96
Section 6.5.75A (Member ceases to be a member with dependants – death of dependant), see notes

 

Omit wherever occurring the see notes.

97
Section 6.5.76 (Purpose)

 

Omit “describes”, substitute “sets out”.

98
Paragraph 6.5.77.a (Person this Division does not apply to), see note

 

Omit the see note.

99
Subsection 6.5.78.2 (Eligibility for removal), see notes

 

Omit wherever occurring the see notes.

100
Section 6.5.79 (Removal of vehicles), see notes

 

Omit wherever occurring the see notes.

101
Subsection 6.5.82.1 (Private arrangements for removal), see note

 

Omit the see note.

102
Subsection 6.5.83 (Hire of household items), see note

 

Omit the see note.

103
Section 6.5.84 (Purpose)

 

Omit “describes”, substitute “sets out”.

104
Subsection 6.5.85.1 (Benefit for dependants), table item 7

 

Omit the see note.

105
Subsection 6.5.87.2 (Limits on removals following death of a member), see note

 

Omit the see note.

106
Subsection 6.6.3.1 (Amount of reimbursement)

 

Omit the subsection, substitute:

1.

A member who has had their posting cancelled is eligible for the reimbursement of some or all of their costs if they were eligible for under any of the following.

 

a.

Disturbance allowance — Part 1 Division 1.

 

b.

Reimbursement for loss on sale of a vehicle — Part 2.

 

c.

Housing assistance — Chapter 7.

 

d.

Reimbursement for loss of a child’s scholarship — Chapter 8 Part 4 Division 3.

 

e.

Reimbursement for equipment costs — Chapter 13 Part 3 Division 2.

 

f.

Transfer allowance — Chapter 14 Part 3 Division 3.

107
Subsection 6.6.3.2 (Amount of reimbursement)

 

Omit the subsection, substitute:

2.

A reimbursement under subsection 1 must not be more than what the member would have been eligible for under the benefit listed in subsection 1.

 

Schedule 6—Miscellaneous amendments – Chapter 7

Defence Determination 2016/19, Conditions of service

1
Section 7.0.1 (Overview)

 

Omit the section.

2
Section 7.0.3 (Definitions)

 

Omit the section.

3
Section 7.1.1 (Overview)

 

Omit the section, substitute:

7.1.1    Purpose

1.

This Chapter provides housing and meal benefits to members who are posted to locations within Australia.

2.

Housing assistance helps members handle the hardships caused by the need to move location regularly or at short notice.

4
Section 7.1.2 (How it assists)

 

Omit the section.

5
Section 7.1.6 (Eligibility for housing assistance), see note

 

Omit the see note.

6
Section 7.1.14 (Definitions), table

 

Omit wherever occurring the see notes.

7
Section 7.1.14 (Definitions), table

 

Omit wherever occurring the examples.

8
Section 7.1.14 (Definitions), table

 

Omit the definition of Posting location, substitute:

 

Posting location

Has the meaning given under section 7.1.15.

 

 

 

 

 

 

9
Section 7.1.14 (Definitions), table

 

Omit the definition of Suitable accommodation, substitute:

 

Suitable accommodation

Has the meaning given under section 7.1.17.

 

10
Section 7.1.14 (Definitions), table

 

Omit the definition of Utilities, substitute:

 

Utilities

Has the meaning given under section 7.10.2.

 

11
Section 7.1.15 (Posting location), table

 

Omit wherever occurring the see notes.

12
Section 7.1.15 (Posting location), table item 2

 

Omit “removal”, substitute “removal under Chapter 6 Part 5 Division 1.”.

13
Section 7.1.15 (Posting location), examples

 

Omit the examples.

14
Subsection 7.1.16A.2 (Puckapunyal housing trial member)

 

Omit “described in”, substitute “under”.

15
Paragraph 7.1.19.1.b (Member who is eligible)

 

Omit the paragraph, substitute:

 

b.

They are eligible for a full removal under Chapter 6 Part 5.

16
Paragraph 7.1.20.a (Member who is not eligible), see note

 

Omit the see note.

17
Section 7.1.23 (House-hunting trip payments), see notes

 

Omit wherever occurring the see notes.

18
Section 7.1.26 (Families with special needs)

 

Omit the section.

19
Subsection 7.1.27.1 (House not chosen during house-hunting trip), see note

 

Omit the see note.

20
Subsection 7.1.27.4 (House not chosen during house-hunting trip), example

 

Omit the example.

21
Subsection 7.1.28.2 (Evidence of house-hunting trip costs), examples

 

Omit the examples.

22
Paragraph 7.2.2.c (Member's own home and housing assistance), see note

 

Omit the see note.

23
Section 7.2.5 (Suitable own home), see notes

 

Omit wherever occurring the see notes.

24
Section 7.2.5 (Suitable own home), examples

 

Omit wherever occurring the examples.

25
Paragraph 7.2.5.1.c (Suitable own home)

 

Omit the paragraph, substitute:

 

c.

It has the minimum prescribed number of bedrooms.

1A.

For the purpose of paragraph 1.c the minimum number of prescribed bedrooms is the sum of each of the following.

 

a.

For a member and their partner, if they have one — 1 bedroom.

 

b.

For every 2 dependants who are children who are of the same gender and in year 6 or less at school — 1 bedroom.

 

c.

For every dependant not included in paragraphs a or b — 1 bedroom.

26
Section 7.2.6 (Own home bought with Defence assistance), see notes

 

Omit wherever occurring the see notes.

27
Paragraph 7.2.6.4.a (Own home bought with Defence assistance)

 

Omit “been approved to live”, substitute “been approved under section 1.3.55 to live”.

28
Section 7.2.7 (No housing assistance for member who has a suitable own home), see notes

 

Omit wherever occurring the see notes.

29
Section 7.2.8 (Member to give notice of home ownership at posting location), note

 

Omit the note.

30
Paragraph 7.2.9.b (When a member's home is unsuitable), see note

 

Omit the see note.

31
Section 7.2.11 (Member required to live in tied, appointment or assigned residence), see notes

 

Omit wherever occurring the see notes.

32
Subsection 7.2.11.1 (Member required to live in tied, appointment or assigned residence), example

 

Omit the example.

33
Section 7.2.13 (Member's home is outside the posting location), see notes

 

Omit wherever occurring the see notes.

34
Section 7.2.16 (Member waiting for a tenant to leave their home), example

 

Omit the example.

35
Subsection 7.2.18.2 (Home leased for commercial purposes), example

 

Omit the example.

36
Section 7.3.1 (Overview), title

 

Omit “Overview”, substitute “Purpose”.

37
Section 7.3.6 (Definitions), table

 

Omit from the definition of Home the examples.

38
Section 7.3.6 (Definitions), table

 

Omit from the definition of Home the see note.

39
Subsection 7.3.12.2 (Conditions of eligibility), see note

 

Omit the see note.

40
Subsection 7.3.14.1 (Amount of benefit), note

 

Omit the note.

41
Subsection 7.3.14.2 (Amount of benefit), see note

 

Omit the see note.

42
Subsection 7.3.14.2 (Amount of benefit), examples

 

Omit the examples.

43
Paragraph 7.3.15.3.a (When a member must repay HPAS)

 

Omit “described in this section”, substitute “set out in subsection 1”.

44
Paragraph 7.3.15.1.a (When a member must repay HPAS), see note

 

Omit the see note.

45
Section 7.3.19 (Conditions of eligibility – sale), see notes

 

Omit wherever occurring the see notes.

46
Paragraph 7.3.19.c (Conditions of eligibility – sale), note

 

Omit the note.

47
Section 7.3.20 (Conditions of eligibility – purchase), see notes

 

Omit wherever occurring the see notes.

48
Paragraph 7.3.20.c (Conditions of eligibility – purchase), note

 

Omit the note.

49
Subsection 7.3.21.3 (Members not eligible), note

 

Omit the note.

50
Subsection 7.3.23.2 (Time limit on sale and purchase), table

 

Omit the see notes wherever occurring.

51
Subsection 7.3.23.3 (Time limit on sale and purchase), example

 

Omit the example.

52
Subsection 7.3.27.1 (Purchasing land), example

 

Omit the example.

53
Subsection 7.3.28.1 (Specified locations), see note

 

Omit the see note.

54
Subsection 7.3.31.3 (Amounts and kinds of costs that may be reimbursed), example

 

 

Omit the example.

 

55
Subsection 7.3.32.1 (Costs that may not be reimbursed), examples

 

 

Omit wherever occurring the examples.

 

56
Subsection 7.3.32.2 (Costs that may not be reimbursed)

 

 

Omit the subsection

 

57
Section 7.4.1 (Overview), title

 

 

Omit “Overview”, substitute “Purpose”.

 

58
Section 7.4.1 (Overview), see notes

 

 

Omit wherever occurring the see notes.

 

59
Section 7.4.4 (Definitions), table

 

 

Omit from the definition of Licence the note.

 

60
Section 7.4.5 (What is a licence to live in?), see notes

 

 

Omit wherever occurring the see notes.

 

61
Subsection 7.4.5.1 (What is a licence to live in?), note

 

 

Omit the note.

 

62
Section 7.4.6 (Conditions for licence to live in – easy guide)

 

 

Omit the section.

 

63
Section 7.4.7 (Member who can live in), see notes

 

 

Omit wherever occurring the see notes.

 

64
Section 7.4.8 (Member required to live in), see notes

 

 

Omit wherever occurring the see notes.

 

65
Section 7.4.9 (Member who may choose to live in), see notes

 

 

Omit wherever occurring the see notes.

 

66
Section 7.4.9 (Member who may choose to live in), examples

 

 

Omit wherever occurring the examples.

 

67
Section 7.4.10 (Member with suitable accommodation who chooses to live in), see notes

 

 

Omit wherever occurring the see notes.

 

68
Subsection 7.4.10.2 (Member with suitable accommodation who chooses to live in), examples

 

 

Omit the examples.

 

69
Section 7.4.11 (Living-in accommodation not available), see note

 

 

Omit the see note.

 

70
Section 7.4.12 (Responsibility for living-in accommodation), see notes

 

 

Omit wherever occurring the see notes.

 

71
Subsection 7.4.12.2 (Responsibility for living-in accommodation), examples

 

 

Omit the examples.

 

72
Subsection 7.4.12.2 (Responsibility for living-in accommodation), note

 

 

Omit the second occurring note.

 

73
Section 7.4.13 (Condition reports), examples

 

 

Omit wherever occurring the examples.

 

74
Section 7.4.14 (Revoking a licence to live in), see notes

 

 

Omit wherever occurring the see notes.

 

75
Section 7.4.14 (Revoking a licence to live in), examples

 

 

Omit wherever occurring the examples.

 

76
Section 7.4.15 (Suitable living-in accommodation), see notes

 

 

Omit wherever occurring the see notes.

 

77
Subsection 7.4.15.2 (Suitable living-in accommodation), examples

 

 

Omit the examples.

 

78
Section 7.4.17 (Change in member's rank group), see notes

 

 

Omit wherever occurring the see notes.

 

79
Section 7.4.18 (CDF may decide that accommodation is unsuitable), examples

 

 

Omit wherever occurring the examples.

 

80
Subsection 7.4.18.3 (CDF may decide that accommodation is unsuitable), see note

 

 

Omit the see note.

 

81
Section 7.4.19 (Member required to share room), see notes

 

 

Omit wherever occurring the see notes.

 

82
Section 7.4.22 (Member buys a suitable own home)

 

 

Omit the section.

 

83
Section 7.4.24 (Contribution for living-in accommodation), see notes

 

 

Omit wherever occurring the see notes.

 

84
Subsection 7.4.24.4 (Contribution for living-in accommodation), examples

 

 

Omit wherever occurring the examples.

 

85
Section 7.4.25 (Contribution if accommodation is not at level for a member's rank group), authority

 

 

Omit the authority.

 

86
Section 7.4.25 (Contribution if accommodation is not at level for a member's rank group), example

 

 

Omit the example.

 

87
Paragraph 7.4.27A.1.b (Member on a flexible service determination), see note

 

 

Omit the see note.

 

88
Subsection 7.4.27C.2 (If a flexible determination ends early), see note

 

 

Omit the see note.

 

89
Section 7.4.28 (Contribution on change of rank), see notes

 

 

Omit wherever occurring the see notes.

 

90
Section 7.4.30 (When a licence to live in ends), see notes

 

 

Omit wherever occurring the see notes.

 

91
Subsection 7.4.30.3 (When a licence to live in ends), table

 

 

Omit wherever occurring the examples.

 

92
Paragraph 7.4.31.2.c (Failure to make contributions), examples

 

 

Omit the examples.

 

93
Section 7.4.32 (Members who do not pay to live in), examples

 

 

Omit wherever occurring the examples.

 

94
Paragraph 7.4.32.1.g (Members who do not pay to live in), see note

 

 

Omit the see note.

 

95
Paragraph 7.4.32.2.a (Members who do not pay to live in), note

 

 

Omit the note.

 

96
Paragraph 7.4.36.2.a (Member on leave), example

 

 

Omit the example.

 

97
Section 7.4.38 (Basis), see notes

 

 

Omit wherever occurring the see notes.

 

98
Section 7.4.39 (Definitions), table

 

 

Omit wherever occurring the examples.

 

99
Section 7.4.40 (Member this Division applies to), see note

 

 

Omit the see note.

 

100
Subsection 7.4.42.1 (Licence to live on a ship), related information

 

 

Omit the related information.

 

101
Subsection 7.4.43.2 (Accommodation on board for seagoing member), see note

 

 

Omit the see note.

 

102
Subsection 7.4.43.2 (Accommodation on board for seagoing member), examples

 

 

Omit the examples.

 

103
Section 7.4.44 (Accommodation ashore for seagoing member), see notes

 

 

Omit wherever occurring the see notes.

 

104
Section 7.4.45 (Contributions for accommodation ashore member without dependants), see note

 

 

Omit the see note.

 

105
Subsection 7.4.46.1 (Contributions for accommodation ashore ship uninhabitable), example

 

 

Omit the example.

 

106
Subsection 7.4.46.2 (Contributions for accommodation ashore ship uninhabitable), see note

 

 

Omit wherever occurring the see notes.

 

107
Subsection 7.4.47.2 (Accommodation and contributions for seagoing member on temporary duty), table

 

 

Omit wherever occurring the see notes.

 

108
Subsection 7.4.48.2 (Accommodation and contributions for seagoing member on temporary duty), related information

 

 

Omit the related information.

 

109
Subsection 7.4.A.5.1 (Member must comply with the conditions in this form), note

 

 

Omit the note.

 

110
Subsection 7.4.A.5.3 (Member must comply with the conditions in this form), see note

 

 

Omit the see note.

 

111
Paragraph 7.4.A.6.4.b (Start of a licence to live in), example

 

 

Omit the example.

 

112
Subsection 7.4.A.7.2 (Permitted use), example

 

 

Omit the example.

 

113
Subsection 7.4.A.9.3 (Conduct and values), examples

 

 

Omit the examples.

 

114
Subsection 7.4.A.9.4 (Conduct and values), see note

 

 

Omit the see note.

 

115
Subsection 7.4.A.11.2 (Conduct – damage), see note

 

 

Omit the see note.

 

116
Section 7.4.A.12 (Conduct – disturbance), examples

 

 

Omit wherever occurring the examples.

 

117
Section 7.4.A.13 (Conduct – lighting, heating and cooking), examples

 

 

Omit wherever occurring the examples.

 

118
Subsection 7.4.A.14.2 (Conduct – security), see note

 

 

Omit the see note.

 

119
Subsection 7.4.A.16.3 (Conduct – vehicles), example

 

 

Omit the example.

 

120
Paragraph 7.4.A.18.3.b (Access to a member's room), non-example

 

 

Omit the non-example.

 

121
Subsection 7.4.A.18.4 (Access to a member's room), notes

 

 

Omit the notes.

 

122
Subsection 7.4.A.19.2 (Swapping rooms), note

 

 

Omit the note.

 

123
Subsection 7.4.A.19.2 (Swapping rooms), examples

 

 

Omit the examples.

 

124
Section 7.4.A.20 (Moving furniture and fittings), examples

 

 

Omit wherever occurring the examples.

 

125
Subsection 7.4.A.21.1 (Absence from the accommodation), example

 

 

Omit the example.

 

126
Subsection 7.4.A.21.2 (Absence from the accommodation), see note

 

 

Omit the see note.

 

127
Subsection 7.4.A.21.2 (Absence from the accommodation), note

 

 

Omit the note.

 

128
Subsection 7.4.A.22.1 (When a licence to live in ends), notes

 

 

Omit wherever occurring the notes.

 

129
Subsection 7.4.A.23.3 (Vacating the accommodation), examples

 

 

Omit the examples.

 

130
Subsection 7.4.A.23.3 (Vacating the accommodation), related information

 

 

Omit the related information.

 

131
Section 7.4.A.24 (What happens if a member fails to comply with this Annex), see note

 

 

Omit the see note.

 

132
Subsection 7.4.A.25.2 (Disputes), example

 

 

Omit the example.

 

133
Section 7.5.1 (Overview), title

 

 

Omit “Overview”, substitute “Purpose”.

 

134
Section 7.5.3 (Definitions – SAFE scheme), see notes

 

 

Omit wherever occurring the see notes.

 

135
Section 7.5.3 (Definitions – SAFE scheme), table

 

 

Omit from the definition of Member “described in subsection 7.5.6.3”, substitute “eligible for a benefit under subsection 7.5.6.3”.

 

136
Section 7.5.3 (Definitions – SAFE scheme), table

 

 

Omit from the definition of The SAFE scheme the note.

 

137
Section 7.5.3 (Definitions – SAFE scheme), table

 

 

Omit from the definition of The SAFE scheme the examples.

 

138
Paragraph 7.5.6.1.c (Members eligible), see note

 

 

Omit the see note.

 

139
Subsection 7.5.6.2 (Members eligible)

 

 

Omit the subsection, substitute:

 

2.

A deceased member’s dependants may be eligible for the allowance under section 7.5.10 if they are granted a removal.

 

140
Section 7.5.7 (Approval under the SAFE scheme), related information

 

 

Omit the related information.

 

141
Paragraph 7.5.7.a (Approval under the SAFE scheme)

 

 

Omit “a person described in”, substitute “eligible for a benefit under”.

 

142
Section 7.5.8 (Member not eligible), examples

 

 

Omit wherever occurring the examples.

 

143
Subsection 7.5.9.3 (Member ceases continuous full-time service), example

 

 

Omit the example.

 

144
Paragraph 7.5.10.2.b (Eligibility of dependants on death of member)

 

 

Omit the paragraph, substitute:

 

 

b.

The contribution the dependants must pay is what would have applied to the member under section 7.5.29 immediately before their death.

 

145
Subsection 7.5.10.2 (Eligibility of dependants on death of member), examples

 

 

Omit the examples.

 

146
Paragraph 7.5.13.1.a (Serviced apartment preferred), see note

 

 

Omit the see note.

 

147
Subsection 7.5.14.3 (Member required to live in), table item 1

 

 

Omit the see note.

 

148
Section 7.5.16 (Start date of period of eligibility), examples

 

 

Omit the examples wherever occurring.

 

149
Section 7.5.17 (Length of period of eligibility), related information

 

 

Omit the related information.

 

150
Section 7.5.17 (Length of period of eligibility), examples

 

 

Omit wherever occurring the examples.

 

151
Section 7.5.17 (Length of period of eligibility), note

 

 

Omit the note.

 

152
Subsection 7.5.18.2 (Member buying a home), example

 

 

Omit the example.

 

153
Subsection 7.5.21.1 (Rate of allowance – hotel or serviced apartment), see notes

 

 

Omit wherever occurring the see notes.

 

154
Subsection 7.5.21.3 (Rate of allowance – hotel or serviced apartment), table

 

 

Omit from the definition of Contribution the note.

 

155
Section 7.5.22 (Amount of assistance – SAFE scheme), see notes

 

 

Omit wherever occurring the see notes.

 

156
Subsection 7.5.23.1 (Standard of accommodation), see notes

 

 

Omit wherever occurring the see notes.

 

157
Section 7.5.25 (Rate of allowance – other temporary accommodation), examples

 

 

Omit wherever occurring the examples.

 

158
Paragraph 7.5.25.3.b (Rate of allowance – other temporary accommodation), see note

 

 

Omit the see note.

 

159
Section 7.6.1 (Overview)

 

 

Omit the section, substitute:

 

Division 1: General provisions

7.6.1    Purpose

 

This Part sets out the following.

 

a.

The different levels of Service residences available.

 

b.

How a member can become eligible to live in a Service residence.

 

c.

The amount the member has to contribute toward the cost of the residence.

160
Chapter 7 Part 6 Division 1 (Definitions and key concepts), title

 

Omit the title.

161
Subsection 7.6.6.1 (Members with special needs dependants), see note

 

Omit the see note.

162
Subsection 7.6.6.1 (Members with special needs dependants), examples

 

Omit wherever occurring the examples.

163
Section 7.6.13 (Rent band for a member's rank group), see notes

 

Omit wherever occurring the see notes.

164
Section 7.6.25 (Assignment of other specific residences), note

 

Omit the note.

165
Section 7.6.26 (Service residence alternative to tied or appointment residence), see notes

 

Omit wherever occurring the see notes.

166
Subsection 7.6.27.3 (Furniture rental for appointment, tied and assigned residences), see note

 

Omit the see note.

167
Paragraph 7.6.27.3.b (Furniture rental for appointment, tied and assigned residences), example

 

Omit the example.

168
Section 7.6.28 (Member with dependants eligible for a Service residence), see notes

 

Omit wherever occurring the see notes.

169
Subsection 7.6.29.2 (Member with dependants (unaccompanied) eligibility in two locations), see note

 

Omit the see note.

170
Subsection 7.6.30.1 (Member without dependants eligible for a Service residence), see note

 

Omit the see note.

171
Subsection 7.6.32.2 (Members with part-time contact with children), see note

 

Omit the see note.

172
Subsection 7.6.34.2 (Reasons for rejecting a reasonable offer), see notes

 

Omit wherever occurring the see notes.

173
Paragraph 7.6.35.1.d (Changing Service residences), examples

 

Omit the examples.

174
Subsection 7.6.36.2 (Pet ownership), example

 

Omit the example.

175
Section 7.6.37 (Ineligible member can apply for surplus Service residence), see notes

 

Omit wherever occurring the see notes.

176
Subsection 7.6.54.4 (Contribution for member dependants), see note

 

Omit the see note.

177
Subsection 7.6.55B.3 (Member with dependants (unaccompanied) on a flexible service determination), see note

 

Omit the see note.

178
Subsection 7.6.55C.2 (If a flexible service determination ends early), see note

 

Omit the see note.

179
Section 7.6.56 (No Service residence available)

 

Omit the section, substitute:

7.6.56    No Service residence available

 

A member may be eligible for rent allowance under Part 8 if there is no suitable Service residence available.

180
Section 7.6.57 (Member rejects a reasonable offer)

 

Omit the section.

181
Section 7.6.58 (Member buys a suitable own home), see notes

 

Omit wherever occurring the see notes.

182
Paragraph 7.6.58.1.b (Member buys a suitable own home), note

 

Omit the note.

183
Subsection 7.6.58.3 (Member buys a suitable own home), examples

 

Omit the examples.

184
Section 7.6.59 (Dependants not at the Service residence), see notes

 

Omit wherever occurring the see notes.

185
Subsection 7.6.59.3 (Dependants not at the Service residence), example

 

Omit the example.

186
Subsection 7.6.61.2 (Member keeps a Service residence at losing location), table item 1

 

Omit the example.

187
Subsection 7.6.62.2 (Rejecting a Service residence – effect on temporary accommodation allowance), see note

 

Omit the see note.

188
Paragraph 7.6.63.1.b (Special conditions on separation – statutory appointees), see note

 

Omit the see note.

189
Section 7.7.3 (Definitions), table

 

Omit from the definition of Rent ceiling the see note.

190
Section 7.7.4 (Member who is eligible), see notes

 

Omit wherever occurring the see notes.

191
Section 7.7.6 (Member ceases to be eligible), see notes

 

Omit wherever occurring the see notes.

192
Subsection 7.7.7.2 (Members sharing accommodation), see note

 

Omit the see note.

193
Section 7.7.8 (Member becomes a member with dependants), see notes

 

Omit wherever occurring the see notes.

194
Subsection 7.7.8.2 (Member becomes a member with dependants), examples

 

Omit the examples.

195
Subsection 7.7.9.2 (Storage of furniture and effects), see note

 

Omit the see note.

196
Section 7.7.10 (Advances and repayments), see note

 

Omit the see note.

197
Section 7.7.12 (Accommodation offer), see note

 

Omit the see note.

198
Subsection 7.7.13.2 (Rent ceilings), see note

 

Omit the see note.

199
Section 7.7.14 (Contributions for accommodation), see notes

 

Omit wherever occurring the see notes.

200
Subsection 7.7.14C.2 (When a flexible service determination ends early), see note

 

Omit the see note.

201
Subsection 7.7.19.1 (Contribution for member on leave without pay), see note

 

Omit the see note.

202
Subsection 7.7.21.4 (How visiting members affect contributions), see note

 

Omit the see note.

203
Subsection 7.7.22.3 (Contribution when one member leaves a shared home), see note

 

Omit the see note.

204
Section 7.8.1 (Overview)

 

Omit the section.

205
Section 7.8.5 (Member eligible and period of eligibility), see notes

 

Omit wherever occurring the see notes.

206
Subsection 7.8.5.3 (Member eligible and period of eligibility), example

 

Omit the example.

207
Subsection 7.8.6.4 (Member not eligible), example

 

Omit the example.

208
Section 7.8.9 (Rent ceilings – dependants live in rental accommodation), notes

 

Omit wherever occurring the notes.

209
Section 7.8.12 (CDF may increase rent ceiling), examples

 

Omit wherever occurring the examples.

210
Section 7.8.14 (Member who cannot apply for increased rent ceiling), see notes

 

Omit wherever occurring the see notes.

211
Paragraph 7.8.14.1.c (Member who cannot apply for increased rent ceiling), note

 

Omit the note.

212
Section 7.8.15 (Increased rent ceiling – effect on rent allowance), examples

 

Omit wherever occurring the examples.

213
Subsection 7.8.15.3 (Increased rent ceiling – effect on rent allowance), see note

 

Omit the see note.

214
Paragraph 7.8.16.2.a (Reduction in rent ceiling – effect on rent allowance), related information

 

Omit the related information.

215
Paragraph 7.8.17.3.b (Contribution for rented home), see note

 

Omit the see note.

216
Subsection 7.8.18C.2 (If a flexible service determination ends early), see note

 

Omit the see note.

217
Subsection 7.8.21.4 (House-sitter for absent member), see note

 

Omit the see note.

218
Section 7.8.22 (Resident child carer), see notes

 

Omit wherever occurring the see notes.

219
Subparagraph 7.8.23.1.b.iii (Home is sublet), see note

 

Omit the see note.

220
Section 7.8.25 (Furniture rental), see notes

 

Omit wherever occurring the see notes.

221
Section 7.8.25 (Furniture rental), notes

 

Omit wherever occurring the notes.

222
Section 7.8.25 (Furniture rental), examples

 

Omit wherever occurring the examples.

223
Subsection 7.8.27.3 (Member promoted), see note

 

Omit the see note.

224
Subsection 7.8.27.6 (Member promoted), example

 

Omit the example.

225
Section 7.8.28 (Member reduced in rank), see notes

 

Omit wherever occurring the see notes.

226
Subsection 7.8.29.3 (Changing homes at the posting location), see note

 

Omit the see note.

227
Subsection 7.8.30.1 (Member moves to other suitable accommodation), note

 

Omit the note.

228
Subsection 7.8.30.1 (Member moves to other suitable accommodation), see note

 

Omit the see note.

229
Subsection 7.8.31.1 (Rent allowance on deployment), related information

 

Omit the related information.

230
Paragraph 7.8.33.1.b (Dependants removed before member ceases full-time service), see note

 

Omit the see note.

231
Subsection 7.8.34.1 (Member on leave without pay), related information

 

Omit the related information.

232
Subsection 7.8.35A.2 (Contribution for member on a flexible service determination), see note

 

Omit the see note.

233
Subsection 7.8.36.3 (Dependants not at a rented home), example

 

Omit the example.

234
Subsection 7.8.36.4 (Dependants not at a rented home), see note

 

Omit the see note.

235
Subsection 7.8.37.3 (Member dies), example

 

Omit the example.

236
Subsection 7.8.37.5 (Member dies), note

 

Omit the note.

237
Paragraph 7.8.39.1.b (Member who fails to respond to audit), see note

 

Omit the see note.

238
Subsection 7.8.41.3 (Assistance with payments for rental home), table

 

Omit wherever occurring the see notes.

239
Subsection 7.8.41.3 (Assistance with payments for rental home), note

 

Omit the note.

240
Subsection 7.8.42.2 (Advance payment of bond when sharing), note

 

Omit the note.

241
Subsection 7.8.42.2 (Advance payment of bond when sharing), example

 

Omit the example.

242
Subsection 7.8.46.3 (Method of repayment), see note

 

Omit the see note.

243
Section 7.8.47 (Rent paid before member moves in), examples

 

Omit wherever occurring the examples.

244
Section 7.8.48 (Rent paid after member moves out), examples

 

Omit wherever occurring the examples.

245
Section 7.9.1 (Overview)

 

Omit the section.

246
Section 7.9.5 (Casual meal charges), see notes

 

Omit wherever occurring the see notes.

247
Section 7.9.10 (Eligibility and rate of food allowance), see notes

 

Omit wherever occurring the see notes.

248
Subsection 7.9.10.1 (Eligibility and rate of food allowance), exception

 

Omit the exception, substitute:

1A.

Despite subsection 1, a member with dependants (unaccompanied) is not eligible for food allowance when the member is paying the fortnightly meal charge under section 7.9.6.

249
Subsection 7.10.2.2 (Utilities – definition), example

 

Omit the example.

250
Section 7.10.4 (Eligible member – reimbursement for utilities), examples

 

Omit wherever occurring the examples.

251
Subsection 7.10.4.1 (Eligible member – reimbursement for utilities)

 

Omit “described by section 7.10.3 is eligible for the reimbursement of these”, substitute “eligible for assistance under section 7.10.3 is eligible for the reimbursement of the following”.

252
Subsection 7.10.4.3 (Eligible member – reimbursement for utilities)

 

Omit “one of the Service residences described in”, substitute “a Service residence listed in”.

253
Paragraph 7.10.9.4.c (Contribution for utilities – member living in), see note

 

Omit the see note.

254
Subsection 7.10.11.2 (Advance payment of utility connection deposit when sharing), note

 

Omit the note.

255
Subsection 7.10.11.2 (Advance payment of utility connection deposit when sharing), see note

 

Omit the see note.

256
Subsection 7.10.12.1 (Member to give evidence of payment), see note

 

Omit the see note.


Schedule 7—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

1
Annex 3.5.I (Army – targeted rank and employment category completion bonus)

 

Omit the Annex.

2
Section 4.8.15 (Definition)

 

Omit “A course of study, approved by the CDF,”, substitute “An approved course of study”.

3
Section 5.4.23 (Approval to purchase recreation leave)

 

Omit the section, substitute:

5.4.23   Approval to purchase recreation leave

1.

Before approving purchased recreation leave, the member’s supervisor must consider whether operation requirements are likely to prevent the member being granted the full amount of purchased recreation leave.

2.

In this section, supervisor means a person in the member’s chain of command, at the following rank or APS classification.

 

a.

Major or higher.

 

b.

APS 6 or higher.

4
Subsection 5.11.1.3 (Overview)

 

Omit the subsection.

5
Section 9.3.52 (Who may be visited)

 

Omit the section, substitute:

9.3.52   Who may be visited

1.

A member is eligible for compassionate travel to visit a person in an item in Column A of the following table subject to the conditions in Column B of the same item if the CDF approves the travel.

 

Note: The person in Column A is not required to normally live with the member.

 

Item

Column A

Person

Column B

Condition

1.

A person who is any of the following.

a.   The member's partner.

b.   The member's child.

The person is seriously ill.

2.

A person who is any of the following.

a.  The member's brother or sister.

b.  The member's parent or guardian.

c.  A dependant of the member recognised under section 1.3.83 or 1.3.85.

Both the following conditions are met.

a. The person is seriously ill.

b. The member has to be there because no-one else in the family is available and able to help.

3.

A person who is any of the following.

a.  The member's partner.

b.  The member's child.

c.  The member's brother or sister.

d.  The member's parent or guardian.

e.  A dependant of the member recognised under section 1.3.83 or 1.3.85.

One of the following conditions is met.

a. The person is very seriously ill.

b. The person has recently died.

 

2.

A member’s partner is eligible for compassionate travel to visit a person in an item in Column A of the following table subject to the conditions in Column B of the same item if the CDF approves the travel.

 

Note: The person in Column A is not required to normally live with the member.

 

Item

Column A

Person

Column B

Condition

1.

A person who is any of the following.

a.  The member.

b.  The member's child.

c.  The child of the member's partner.

The person is seriously ill.

2.

A person who is any of the following.

a.  The parent or guardian of the member's partner.

b.  The brother or sister of the member's partner.

c.  A dependant of the member's partner.

Both the following conditions are met.

a. The person is seriously ill.

b. The partner has to be there because no-one else in the family is available and able to help.

3.

A person who is any of the following.

a.  The member.

b.  The child of the member's partner.

c.  The parent or guardian of the member's partner.

d.  The brother or sister of the member's partner.

e.  A dependant of the member's partner.

The person is very seriously ill.

4.

A person who is any of the following.

a.  The member.

b.  The child of the member's partner.

c.  The parent or guardian of the member's partner.

d.  A dependant of the member's partner.

e. The brother or sister of the member's partner.

The person has recently died.

 

3.

If the member and their partner both qualify for travel for the same event, both may be granted travel.

4.

There is no travel benefit if the person applying to travel is already at the location of the person to be visited.

6
Section 9.3.53 (Exceptional reasons)

 

Omit “spouse or” wherever occurring.

7
Section 9.3.54 (Eligibility of member's spouse or partner – extra conditions)

 

Omit “spouse or” wherever occurring.

8
Subsection 9.3.55.1 (Travel overseas)

 

Omit “spouse or”.

9
Subsection 9.3.57.1 (Means of travel)

 

Omit “spouse or”.

10
Section 9.3.59 (Transfer of benefit)

 

Omit “spouse or” wherever occurring.

11
Section 9.3.60 (Children accompanying the member or spouse), title

 

Omit “spouse”, substitute “partner”.

12
Paragraph 9.3.60.b (Children accompanying the member or spouse)

 

Omit “spouse or”.

13
Subsection 9.5.9.2 (Travel period – business travel)

 

Omit the subsection, substitute:

2.

The travel period for a member in a situation set out in an item in Column A of the following table starts from the day in Column B of the same item and ends on the day in Column C of the same item.

 

Item

Column A

Member situation

Column B

Start day

Column C

End day

1.

The member travels direct to the duty location by the most economical means.

The day the member leaves their normal place of duty or residence

The day the member returns to their normal place of duty or residence.

2.

The member travels by another means that takes longer than the most economical means for a Service reason.

The day the member returns to their normal place of duty or residence.

3.

The member travels by another means that takes longer than the most economical means for a non-Service reason.

The day the member would have left their normal place of duty or residence if they had travelled by the most economical means

The day the member would have returned to their normal place of duty or residence, if they had travelled by the most economical means.

4.

The member takes a break unnecessarily or for private reasons during the period.

The day the member leaves their normal place of duty or residence.

The day the member returns to their normal place of duty or residence.

The day the member resumes the travel for Service reasons.

 

14
Subsection 9.5.11.2 (Travel period – posting travel)

 

Omit the subsection, substitute:

2.

The travel period for a member in a situation set out in an item in Column A of the following table starts from the day in Column B of the same item and ends on the day in Column C of the same item.

 

Item

Column A

Member situation

Column B

Start day

Column C

End day

1.

The member travels direct to the duty location by the most economical means.

The day the member leaves their normal place of duty or residence at the losing location.

 

The day the member arrives at the new posting location.

2.

The member travels by another means that takes longer than the most economical means, for a Service reason.

The day the member arrives at the new posting location.

3.

The member travels by another means that takes longer than the most economical means, for a non-Service reason.

The day the member would have arrived at the new posting location, if they had travelled by the normal means.

4.

The member takes a break unnecessarily or for private reasons during the period.

The day the member leaves their normal place of duty or residence at the losing location.

The day the member returns to their normal place of duty or residence.

The day the member resumes the travel for Service reasons.

The day the member arrives at the new posting location.

5.

The member travels by another means that takes longer than the normal means, because they go on leave between the former posting location (the "losing location") and the gaining location.

The day the member leaves their normal place of duty or residence at the losing location.

The day the member returns to their normal place of duty or residence.

The day the member resumes the travel to the new posting location.

The day the member arrives at the new posting location.

 

15
Subsection 9.5.12.3 (Travel period – ceasing continuous full-time service)

 

Omit the subsection, substitute:

3.

The travel period for a member in a situation set out in an item in Column A of the following table starts from the day in Column B of the same item and ends on the day in Column C of the same item.

 

Item

Column A

Member situation

Column B

Start day

Column C

End day

1.

The member travels direct to their final location by the most economical means.

The member leaves one of these places.

a. Their last place of duty.

b. The location where their duty ended.

The day the member arrives at their final location.

2.

The member takes a break unnecessarily or for private reasons during the period.

The member leaves one of these places.

a. Their last place of duty.

b. The location where their duty ended.

The day the member returns to their normal place of duty or residence.

The member resumes the travel for Service reasons

The day the member arrives at the final location.

 

16
Section 11.3.2 (Entitlement for leave and other compensation)

 

Omit the section, substitute:

11.3.2   Entitlement for leave and other compensation

1.

This section applies if a member, including a member of the Reserves, dies.

2.

A person is eligible for the sum of what would have been payable to the member for the following if they had ceased to be a member on the day they died.

 

a.

Recreation leave.

 

b.

Long service leave.

 

c.

War service leave.

 

d.

Compensation for loss or damage to clothing or personal effects.

3.

In this section, a person means a person who is eligible to receive a payment under section 1.6.4.

17
Section 16.4.14 (Alternative leave centre – leave centre ceases to be suitable)

 

Omit ‘Military Conditions and Housing Policy’ wherever occurring, substitute ‘Overseas and Housing Policy’.

18
Subsection 17.7.23.2 (Conditions)

 

Omit the subsection, substitute:

2.

A member whose deployment period is set out in an item in Column A of the following table is eligible for relief out-of-country travel fare assistance for the number of trips in Column B of the same item.

 

Item

Column A

Deployment time

Column B

Number of trips

1.

One of the following.

a. It is intended that the member be deployed for six months or more, but less than nine months.

b. The member is approved for out-of-country travel fare assistance under paragraph 1.a.

1

2.

It is intended that the member be deployed for nine months or more, but less than 12 months.

2

3.

It is intended that the member be deployed for 12 months or more, but less than 15 months.

3

4.

It is intended that the member be deployed for 15 months or more, but less than 18 months.

4

5.

It is intended that the member be deployed for 18 months or more.

5