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This instrument amends the Defence Determination 2016/19, Conditions of service to enable a member to receive the benefit for pet relocations and the removal of other animals within Australia upfront, change the approved club for members posted to Jordan from ‘Fitness First Club’ to ‘Golds Gym’ and make technical amendments.
Administered by: Defence
Registered 05 Nov 2021
Tabling HistoryDate
Tabled HR22-Nov-2021
Tabled Senate22-Nov-2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2021 (No. 22)

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

Dated 4 November 2021

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

Schedule 1—Career transition amendments                                                              2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Pet removal amendments                                                                       3

Defence Determination 2016/19, Conditions of service                                                                3

Schedule 3—Dependants with special needs amendments                                        6

Defence Determination 2016/19, Conditions of service                                                                6

Schedule 4—Jordan club membership amendments                                                 8

Defence Determination 2016/19, Conditions of service                                                                8

Schedule 5—Miscellaneous amendments                                                                    9

Defence Determination 2016/19, Conditions of service                                                                9

Schedule 6—Transitional provisions                                                                         12

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 22).

2  Commencement

This instrument commences 11 November 2021.

3  Authority

This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Career transition amendments

Defence Determination 2016/19, Conditions of service

1
Subparagraph 2.2.3.c.ii (Member this Part applies to)

 

After the subparagraph, insert:

 

Note: Retirement ages are provided under section 24 of the Defence Regulation.

2
Subparagraph 2.2.3.c.iii (Member this Part applies to)

 

After the subparagraph, insert:

 

Note: A member may change their period of service under section 18 of the Defence Regulation.

3
Subsection 2.2.5.1 (Career transition training)

 

Omit the subsection, substitute:

1.

Subject to subsection 3, a member is eligible on application for career transition training if all of the following apply and the CDF is satisfied that the training is aligned to a post-transition employment career path or meaningful engagement.

 

a.

The application is approved within 24 months of the member’s transition date.

 

b.

The training commences within 24 months of the member’s transition date.

4
Subsection 2.2.6.1 (Assistance for professional financial advice)

 

After “A member is eligible on application for professional financial advice” insert “within 24 months of the member’s transition date”

5
Subsection 2.2.8.1 (Approved absence)

 

Omit the subsection, substitute:

1.

This section does not apply to a member of the Reserves, other than a member of the Reserves on continuous full-time service.

 

Schedule 2—Pet removal amendments

Defence Determination 2016/19, Conditions of service

1
Section 6.1.20 (Purpose)

 

Omit the section, substitute:

6.1.20    Purpose

 

This Division provides members with assistance towards the cost of relocating pets in Australia.

2
Section 6.1.21 (When costs may be reimbursed), heading

 

Omit the heading, substitute:

6.1.21    Pet relocation benefits in Australia
3
Subsection 6.1.21.1 (When costs may be reimbursed)

 

Omit the subsection, substitute:

1.

Subject to section 6.1.23, a member is eligible for the costs of pet relocation from their losing location to their gaining location if the CDF is satisfied that the costs are reasonable having regard to subsection 2.

4
Subsection 6.1.21.3 (When costs may be reimbursed)

 

Omit the subsection, substitute:

3.

In this section, pet relocation means the commercial transportation and boarding of a household pet by a service provider who meets all of the following.

 

a.

They have an Australian Business Number.

 

b.

They conduct a business for profit in the transportation or boarding of household pets.

 

c.

They are registered or licenced to carry out the business, as required under relevant State or Territory law.

4.

The benefit provided under subsection 1 may be paid in any of the following circumstances.

 

a.

Before the pet is relocated — if the member provides a quote or invoice from the service provider for the proposed services.

 

b.

After the pet is relocated — by reimbursement if the member provides a receipt for the services provided.

5.

If the benefit is provided before the pet is relocated, all of the following apply.

 

a.

The member must provide a copy of the receipt within 21 days of the benefit being provided.

 

b.

The member must repay the benefit if they do not provide a copy of the receipt within 21 days of the benefit being provided.

 

c.

The member must repay the amount of the benefit not used for the pet relocation of the pet if any of the following apply.

 

 

i.

The pet relocation does not occur.

 

 

ii.

The cost of the pet relocation is less than the benefit provided.

5
Section 6.1.23 (When costs will not be reimbursed)

 

Omit the section, substitute.

6.1.23    Limitations on pet relocations

 

The cost of a pet relocation does not include the costs for any of the following.

 

a.

The purchase of any of the following.

 

 

i.

Equipment or other items used in the transportation or boarding of the pet.

 

 

ii.

Goods or services for the continued use, including pet containers and vaccinations.

 

b.

A pet that is mainly used for economic or business purposes.

 

c.

The costs of non-commercial transport or boarding of the pet.

6
Section 6.1.24 (Purpose)

 

Omit "a reimbursement for".

7
Section 6.1.26 (Animal removals)

 

Omit the section, substitute:

6.1.26   Animal removals

1.

Subject to section 6.1.27, a member is eligible for the reasonable cost of the transportation of their animal from the member’s losing location to their gaining location.

2.

The benefit provided under subsection 1 may be paid at any of the following circumstances.

 

a.

Before the animal is removed — if the member provides a quote or invoice from the service provider for the proposed services.

 

b.

After the animal is removed — by reimbursement if the member provides a receipt for the services provided.

3.

If the benefit is provided before the animal is relocated all of the following apply.

 

a.

The member must provide a copy of the receipt within 21 days of the benefit being given to the provided.

 

b.

The member must repay the benefit if they do not provide a copy of the receipt within 21 days of the benefit being provided.

 

c.

The member must repay the amount of the benefit not used for the animal if any of the following apply.

 

 

i.

The removal of the animal does not occur.

 

 

ii.

The cost of the removal of the animal is less than the benefit provided.


 

Schedule 3—Dependants with special needs amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 1.3.84.1.c (Dependant with special needs)

 

After the paragraph, insert:

 

d.

Executive Officer Community Support Programs.

2
Section 8.6.2 (Definition)

 

Omit the section, substitute:

8.6.2    Definitions

 

The following definitions apply to this Part.

 

Decision maker means any of the following:

 

a.

Director Community Engagement.

 

b.

Director General Defence Member and Family Support.

 

c.

Executive Officer Community Support Programs.

 

d.

Manager Community Support Programs.

 

Early Intervention Program means a program run by a government organisation, accredited non-government organisation or accredited private provider that provides assistance to promote the development of preschool aged children with special needs.

3
Subsection 8.6.7.4 (Special needs pre-posting visits)

 

Omit “the Director General Defence Member and Family Support”, substitute “a decision maker”.

4
Section 8.6.7 (Special needs pre-posting visits)

 

Omit “The Director General Defence Member and Family Support” wherever occurring, substitute “A decision maker”.

5
Subsection 8.6.8.3 (Assistance at the new posting location)

 

Omit “the Director General Defence Member and Family Support”, substitute “a decision maker”.

6
Subsection 8.6.8.4 (Assistance at the new posting location)

 

Omit “The Director General Defence Member and Family Support”, substitute “A decision maker”.

7
Subsection 8.6.9.1 (Assistance with respite, personal care or therapy services)

 

Omit the subsection.

8
Subsection 8.6.10.3 (Assistance with equipment hire)

 

Omit “The Director General Defence Member and Family Support”, substitute “A decision maker”.

9
Subsection 8.6.13.3 (Special assistance during removal)

 

Omit “The Director General Defence Member and Family Support” wherever occurring, substitute “A decision maker”.

10
Paragraph 8.6.13.3.a (Special assistance during removal)

 

Omit “the Director General Defence Member and Family Support”, substitute “a decision maker”.

 


 

Schedule 4—Jordan club membership amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 15.8.2.2 (Member’s location and approved club), table item 10

 

Omit “Fitness First Club”, substitute “Golds Gym”.

Schedule 5—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 1.1.3 (Abbreviations)

 

Omit the table, substitute:

1.1.3    Abbreviations

 

This following abbreviations apply in Chapters 1 to 17.

 

ADF means the Australian Defence Force.

 

APS means the Australian Public Service.

 

CDF means the Chief of the Defence Force.

 

DFRDB Act means the he Defence Force Retirement and Death Benefits Act 1973.

 

DFRT means the Defence Force Remuneration Tribunal.

 

MSBS means the Military Superannuation and Benefits Scheme.

 

UK means the United Kingdom.

 

USA means the United States of America.

 

VCDF means the Vice Chief of the Defence Force.

2
Section 1.3.18 (Deployment)

 

Omit “UN”, substitute “United Nations”.

3
Subsection 1.3.38.1 (Meal costs)

 

Omit “goods and services tax (GST)”, substitute “GST”.

4
Section 1.7.23 (Uniform allowance)

 

Omit the section.

5
Section 4.8.8 (Dual entitlement)

 

Omit the section, substitute:

4.8.8    Dual entitlement

 

If the trainee's dependant is a member and is also eligible for the trainee's dependant allowance, the rate for each member is one of the following.

 

a.

If the trainee and dependant have the same rate of salary half the difference between their individual rate and the salary of a Private in Pay Grade 1.

 

b.

If the trainee and dependant have different rates of salary half the difference between the lower individual rate and the salary of a Private in Pay Grade 1.

6
Paragraph 8.5.5.d (When emergency support has been approved)

 

Omit “ensure”, substitute “promote”.

7
Subsection 8.8.4.3 (Assistance with travel)

 

Omit the subsection, substitute:

3.

An approved person under paragraphs c, d and e is eligible for travel assistance for the daily costs of travel to and from the inquest venue if they live locally.

8
Paragraph 8.9.5.3.a (Specialists and allied health benefits)

 

Omit “goods and services tax (GST)”, substitute “GST”.

9
Paragraph 10.3.2.1.a (Member this Part applies to)

 

Omit the paragraph, substitute:

 

a.

A member performing duty as one of the following.

 

 

i.

An aide-de-camp, including an aide-de-camp designated by the CDF.

 

 

ii.

An equerry.

 

 

iii.

An escort officer.

10
Subsection 10.3.2.2 (Member this Part applies to)

 

Before the subsection, insert:

1A.

Paragraph 1.a does not apply to an honorary aide-de-camp or an aide-de-camp to an official of a State or Territory.

11
Section 12.3.6 (Deployment)

 

Omit “UN”, substitute “United Nations”.

12
Section 12.4.1 (Purpose)

 

Omit “(UN)”.

13
Section 12.4.2 (Period of service with the UN counts as service)

 

Omit “UN” wherever occurring, substitute “United Nations”.

14
Section 12.4.4 (Purpose)

 

Omit “UN” wherever occurring, substitute “United Nations”.

15
Section 12.4.5 (Member this Division applies to)

 

Omit “UN” wherever occurring, substitute “United Nations”.

16
Section 12.4.6 (Allowances and benefits not payable)

 

Omit “UN” wherever occurring, substitute “United Nations”.

17
Section 12.4.7 (Purpose)

 

Omit “UN”, substitute “United Nations”.

18
Paragraph 12.4.8.a (Member this Division applies to)

 

Omit “UN”, substitute “United Nations”.

19
Section 12.4.10 (Leave arrangements during the period of service with the UN)

 

Omit “UN” wherever occurring, substitute “United Nations”.

20
Subsection 13.3.6.2 (Travel costs while living out)

 

Omit “(ATM)”.

21
Annex 13.3.A (Travel costs)

 

Omit “US bases” wherever occurring, substitute “USA bases”.

22
Subsection 15.3.4 (Travel for short-term duty while on long-term posting), exception

 

Omit “UN”, substitute “United Nations”.

 


 

Schedule 6—Transitional provisions

1  Definitions

 

In this Schedule the following apply.

 

Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.

2  Application

 

This Schedule applies to a member who meets all of the following between 28 September 2021 and the commencement of this Determination. 

 

a.

They were posted to Jordan.

 

b.

They were eligible for the cost of membership in Jordan under any of the following sections of the Defence Determination.

 

 

i.

Section 15.8.4, Benefits in the member’s location.

 

 

ii.

Section 15.8.5, Additional club membership costs.

3  Benefit

1.

A member is eligible for the cost of membership they would have been eligible to under section 15.8.4 and 15.8.5 of the Defence Determination as though Schedule 1 of this Determination had been in force between 28 September 2021 and the commencement of this Determination.

2.

The benefit under subsection 1 is reduced by the amount the member received for the cost of a membership under section 15.8.4 or 15.8.5 of the Defence Determination between
28 September 2021 and the commencement of this Determination which have not been repaid.