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Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service to update and provide additional benefits to Australian Defence Force (ADF) members and their families as a consequence of the changing COVID-19 pandemic in Australia and the effects it has on the movement of ADF personnel around Australia.
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 (COVID-19 response – domestic) Determination 2021 (No. 23)

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 1Removal of furniture and effects – additional payment amendments 2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Flying on posting amendments                                                              3

Defence Determination 2016/19, Conditions of service                                                                3

Schedule 3—Removals (trainees) amendments                                                          5

Defence Determination 2016/19, Conditions of service                                                                5

Schedule 4—Quarantine residence amendments                                                       7

Defence Determination 2016/19, Conditions of service                                                                7

Schedule 5—Transitional provisions – disturbance allowance – additional payment    15

Schedule 6Transitional provisions – quarantine residence                                 16

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment (COVID-19 response – domestic) Determination 2021 (No. 23).

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 the instrument is registered

 

2. Schedule 1

11 November 2021

 

2. Schedule 2

11 November 2021

 

3. Schedule 3

9 December 2021

 

4. Schedule 4

6 January 2022

 

5. Schedule 5

11 November 2021

 

6. Schedule 6

6 January 2022

 

 

 

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.

Schedule 1Removal of furniture and effects – additional payment amendments

Defence Determination 2016/19, Conditions of service

1
Section 6.5.8 (Purpose)

 

After the section, substitute:

6.5.8A    COVID-19 pandemic – removal assistance payment

1.

This section applies to a member, other than a member ceasing continuous full-time service, if all of the following apply.

 

a.

They are eligible for a removal of furniture and effects under Part 5 Division 4.

 

b.

The removal occurs during the COVID-19 pandemic.

 

c.

Any of the following people who fly to the member’s gaining location in connection with the member commencing a posting.

 

i.

The member.

 

ii.

The member’s dependant moving to the gaining location.

2.

The member is eligible for $250.00.

Note: This payment is only paid once for each removal.

2
Section 6.5.11A (Items not removed at Commonwealth expense during the COVID-19 pandemic)

 

Omit the section.

3
Paragraph 9.2.19A.3.d (Rerouted travel)

 

Omit “and section 6.5.11A”.

 

Schedule 2—Flying on posting amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 6.1.25.b (Members this Division applies to)

 

Omit the paragraph, substitute:

 

b.

They or their dependant fly to their next posting location.

2
Paragraph 6.1.27.1.c (Limitations on animal removals)

 

Omit the paragraph, substitute:

 

c.

The animal would have been moved by the member or their dependant had the member or their dependant driven.

3
Paragraph 6.5.10A.1.c (Limitations on certain items during the COVID-19 pandemic)

 

Omit the paragraph, substitute:

 

c.

They or their dependant fly to the member’s next posting location.

4
Subsection 6.5.10A.2 (Limitations on certain items during the COVID-19 pandemic)

 

Omit “not been directed to fly”, substitute “or their dependant driven”.

5
Paragraph 6.5.40A.1.b (Removal of vehicle on posting during the COVID-19 pandemic)

 

Omit the paragraph, substitute:

 

b.

They or their dependant fly to the member’s next posting location.

6
Subsection 6.5.40A.2 (Removal of vehicle on posting during the COVID-19 pandemic)

 

Omit “not been directed to fly”, substitute “or their dependant driven”.

7
Paragraph 6.5.41A.1.b (Removal of towable items on posting during the COVID-19 pandemic)

 

Omit the paragraph, substitute:

 

b.

They or their dependant fly to the member’s next posting location.

8
Subsection 6.5.41A.2 (Limitations of towable items during the COVID-19 pandemic)

 

Omit “not been directed to fly”, substitute “or their dependant driven”.

9
Subparagraph 9.2.19A.1.d.ii (Rerouted travel)

 

Omit “is directed to fly”, substitute “flies”.

10
Subsection 9.2.19A.3 (Rerouted travel)

 

Omit “is directed to fly”, substitute “flies”.

11
Subsection 9.2.19A.4 (Rerouted travel)

 

Omit “is directed to fly”, substitute “flies”.

 

Schedule 3—Removals (trainees) amendments

Defence Determination 2016/19, Conditions of service

1
Section 6.5.48 (Removal on ceasing continuous full-time service at own request)

 

Omit the section, substitute:

6.5.48    Removal on ceasing continuous full-time service at own request

1.

A member is eligible for a removal if they cease continuous full-time service at their own request if one of the following apply.

 

a.

They hold the rank of Regimental Sergeant Major of the Army or lower and one of the following applies.

 

 

i.

They have completed their initial period of enlistment.

 

 

ii.

They have completed 6 years of continuous full-time service.

 

 

iii.

If they are a member in the Air Force, they have completed their initial minimum period of service.

 

b.

They are an officer with a fixed period of service and one of the following applies.

 

 

i.

They have completed their initial period of appointment.

 

 

ii.

They have completed 6 years of continuous full-time service.

 

c.

They are an officer with an indefinite period of service and they have completed a total of 6 years of continuous full-time service.

 

d.

They have compassionate reasons for ceasing continuous full-time service and the CDF is satisfied of all of the following.

 

 

i.

The reason for ceasing continuous full-time service could not be resolved by other means.

 

 

ii.

The reasons are beyond the member’s control.

 

 

iii.

The circumstances leading to the compassionate reasons did not exist before the member joined the ADF or have significantly worsened since the member joined the ADF.

 

e.

They are a trainee and cease continuous full-time service at their own request during the COVID-19 pandemic.

2.

The following apply to removals under subsection 1.

 

a.

If the removal is under paragraph 1.d and the member has completed less than 3 years’ continuous full-time service, the removal is from the member’s location to one of the following.

 

 

i.

If the member is an overseas applicant — their port of entry into Australia.

 

 

ii.

The member’s place of enlistment or appointment.

 

b.

If the removal is under paragraph 1e, the removal is from the member’s location to one of the following.

 

 

i.

If the member is an overseas applicant — their port of entry into Australia.

 

 

ii.

The member’s place of enlistment or appointment.

 

c.

In all other cases, the removal is between locations that would apply to the member under subsection 6.5.46.3.

3.

In this section, ceasing continuous full-time service at own request means the member’s service in the Permanent Forces is ended as a consequence of the member applying to voluntarily change or reduce their period of service under section 18 of the Defence Regulation.

2
Section 6.5.49 (Removal of a vehicle on ceasing continuous full-time service)

 

Omit the section, substitute:

6.5.49    Removal of vehicle on ceasing continuous full-time service

 

A member who meets one of the following is eligible for the removal of a vehicle under Division 5.

 

a.

They are eligible for a removal under section 6.5.46.

 

b.

They are eligible for a removal under section 6.5.47.

 

c.

They are eligible for a removal under section 6.5.48.

3
Subsection 9.2.31.1 (Meals and accommodation)

 

After subsection 1, insert:

1A.

For the purpose of section 1, the journey includes an isolation period the member or their dependant is required to complete before they arrive at the location where they receive a removal to.

 

Schedule 4—Quarantine residence amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 7.5.6.1.d (Members eligible)

 

After the paragraph, insert:

 

e.

They are required to isolate in a place specified by State or Territory authorities that is not the member’s or their dependant’s usual place of residence.

2
Section 7.5.13A (Required to isolate – Temporary accommodation)

 

Omit the section, substitute:

7.5.13A    Required to isolate – Temporary accommodation

 

Despite section 7.5.12 and section 7.5.13, a member or a dependant who is eligible for temporary accommodation allowance under paragraph 7.5.6.1.e is eligible to occupy one of the following types of temporary accommodation.

 

a.

If available a quarantine residence.

 

b.

A type of temporary accommodation provided under this Division.

3
Section 7.5.15 (Number of rooms in temporary accommodation)

 

Omit the section, substitute:

7.5.15    Number of rooms in temporary accommodation

1.

This section does not apply to a person eligible for temporary accommodation allowance under any of the following.

 

a.

Subsection 7.5.6.3 (the SAFE scheme).

 

b.

Paragraph 7.5.6.1.e (Required to isolate).

2.

The following table sets out how to calculate the number of rooms a member and their dependants are eligible to occupy in a hotel or serviced apartment.

 

Item

If the temporary accommodation allowance is paid for…

and the family has…

who are...

then the children…

1.

three nights or less

one child only

any age

is not eligible for a separate room.

children of the same gender

any age

may share a room.

children of different genders

under 8 years old

may share a room.

children of different genders

8 years old or older

may have their own room if possible.

2.

more than three nights

one child only

any age

may have a separate room, if possible.

children of different genders

under 8 years old

may share a room.

children of different genders

between 8 and 13 years old

may have a separate room, if possible.

children of the same gender

under 13 years old

may share a room.

children of any gender

13 years old or older

may have their own room if possible.

 

3.

Despite subsection 2, the member is eligible for a greater number of rooms if the CDF is satisfied they are needed.

4
Section 7.5.21 (Rate of allowance – hotel or serviced apartment)

 

After the section, insert:

7.5.21A    Rate of allowance – Quarantine residence

1.

This section applies to a member whose temporary accommodation is a quarantine residence.

2.

The member’s rate of temporary accommodation allowance is worked out using the following formula.

 

Where:

 

A

is the meals amount in sections 7.5.24 or 7.5.26.

 

B

is one of the following laundry costs for the member and their dependant, other than dry cleaning costs.

 

 

i.

If there are free laundry facilities in the quarantine residence — $0.

 

 

ii.

If there is no laundromat reasonably available — commercial laundry costs.

 

 

iii.

The costs of using laundry facilities, including the costs of using a laundromat.

5
Subsection 7.5.23.1 (Standard of accommodation)

 

After the subsection, insert:

1A.

This section does not apply to a person eligible for temporary accommodation allowance under paragraph 7.5.6.1.e.

6
Section 7.5.28 (Purpose)

 

After the section, insert:

7.5.28A   Persons this Division does not apply to

 

This Division does not apply to the following persons.

 

a.

A person eligible for temporary accommodation under subsection 7.5.6.3 (the SAFE scheme).

 

b.

A member with dependants (unaccompanied).

 

c.

A person eligible for temporary accommodation under subsection 7.5.6 and occupies a quarantine residence.

 

Note: If this Division does not apply to a person, they are not required to pay a contribution.

7
Subsection 7.5.29 (Rate of contribution), table

 

Omit items 2 and 3.

8
Subsection 9.2.31.2 (Meals and accommodation)

 

After the subsection, insert:

2A.

If the member or their dependant is required to isolate in a place that is not their residence, subsection 2 does not apply to the isolation period.

9
Subsection 9.2.32.3 (Travel by private vehicle)

 

After the subsection, insert:

3A.

If the member or their dependant is required to isolate in a place that is not their residence, subsection 3 does not apply to the isolation period.

10
Subsection 9.3.33AA.4 (Additional benefits for reunion travel – COVID-19)

 

Omit the subsection, substitute:

4.

In this section, additional benefits means any of the following.

 

a.

If the place of isolation is directed by State or Territory authorities and is not the member’s usual residence the cost of the accommodation in which the member is required to isolate.

 

b.

If the place of isolation is not directed by State or Territory authorities and it is not practical for the person to complete the isolation period at their usual residence, one of the following.

 

 

i.

If available — access to a quarantine residence.

 

 

ii.

If a quarantine residence is not available — travelling allowance payable under section 9.5.35.

 

c.

Subject to subsection 5, if a member is occupying a quarantine residence, the sum of the amounts for the following meals that corresponds with the location of the member in column A of the table in Annex 9.5.A Part 4 that the member is eligible to receive meal supplement allowance for.

 

 

i.

For breakfast — the amount in column B.

 

 

ii.

For lunch — the amount in column C.

 

 

iii.

For dinner — the amount in column D.

 

d.

If a member is required to isolate in a place that is not their usual place of residence, the amount for incidentals for the location of the member in column A of the table in Annex 9.5.A Part 4 that is specified in column E.

 

Notes:

1. There is no benefit under subsection 2 for a member who is required to isolate in their usual residence.

2. Additional benefits under subsection 2 may be reimbursed to the member or paid to the service provider.

5.

The member is not eligible for a payment for a meal that has been provided to the person at no cost.

6.

In this section, decision maker means a person in the member’s direct chain of command or supervision who is one of the following.

 

a.

A commanding officer holding a rank of Major or above.

 

b.

A director.

11
Paragraph 9.3.60A.2 (Additional benefits for compassionate travel – COVID‑19)

 

Omit the subsection, substitute:

2.

In addition to section 9.3.53, a member is eligible for the following for each person required to isolate.

 

a.

If the place of isolation is directed by State or Territory authorities is not the person’s usual residence the cost of the accommodation in which the person is required to isolate.

 

b.

If the place of isolation is not directed by State or Territory authorities and it is not practical for the person to complete the isolation period at their usual residence, one of the following.

 

 

i.

If available — access to a quarantine residence.

 

 

ii.

If a quarantine residence is not available — travelling allowance payable under section 9.5.35 for the accommodation.

 

c.

Subject to subsection 2A, if a person is occupying a quarantine residence, the sum of the amounts for the following meals that corresponds with the location of the member in column A of the table in Annex 9.5.A Part 4 that the member is eligible to receive meal supplement allowance for.

 

 

i.

For breakfast — the amount in column B.

 

 

ii.

For lunch — the amount in column C.

 

 

iii.

For dinner — the amount in column D.

 

d.

If a member is required to isolate in a place that is not their usual place of residence, the amount for incidentals for the location of the member in column A of the table in Annex 9.5.A Part 4 that is specified in column E.

Note: No incidentals is payable for a person who is not a member.

2A.

All of the following apply.

 

a.

A person is not eligible for a payment for a meal that has been provided to the person at no cost.

 

b.

If the person is 10 years old or less, the meal component is 50% of what the person would have otherwise been eligible for.

12
Subsection 9.5.9.2 (Travel period – business travel)

 

After subsection 2, insert:

 

Note: A member maybe required to isolate before they return to their normal place of duty or their residence. Their travel period includes the isolation period.

13
Subsection 9.5.11.2 (Travel period – posting travel)

 

After subsection 2, insert:

3.

If a member is required to isolate on arrival in their posting location in a place other than their residence, the member’s travel period does not end until the isolation period has ended.

14
Subsection 9.5.12.3 (Travel period – ceasing continuous full-time service), table

 

After table item 2, insert:

 

3.

is required to isolate in their final location in a place that is  not their residence

when the member leaves one of these places.

a. Their last place of duty.

b. The location where their duty ended.

when the member has finished their isolation period.

4.

is required to isolate in a place that is not in their final location

when the member leaves one of these places.

a. Their last place of duty.

b. The location where their duty ended.

when the member arrives in their final location.

 

15
Section 9.5.15 (Meaning of normal accommodation stock)

 

Omit the section, substitute:

9.5.15    Meaning of normal accommodation stock

 

Normal accommodation stock means any of the following.

 

a.

Accommodation that is made available through the contracted service provider for the period required.

 

b.

If the member is required to isolate and it is available a quarantine residence.

16
Subsection 9.5.16.1 (Accommodation while living out on a journey)

 

After the subsection, insert:

1A.

For the purpose of calculating the number of days in the travel period in subsection 1, a day on which the member is required to isolate in a place that is not their residence is not counted.

 

Note: A day a member is required to isolate may be included in the travel period under section 9.5.9 but not included for this purpose.

17
Subsection 9.5.17.1 (Meals and incidentals while living out on a journey)

 

After the subsection, insert:

1A.

For the purpose of calculating the number of days in the travel period in subsection 1, a day on which the member is required to isolate in a place that is not their residence is not counted.

 

Note: A day a member is required to isolate may be included in the travel period under section 9.5.9 but not included for this purpose.

18
Subsection 9.5.20.2 (Member living in eligible to use the Defence travel card)

 

After the subsection, insert:

3.

For the purpose of calculating the number of days in the travel period in subsection 2, a day on which the member is required to isolate in a place that is not their residence is not counted.

 

Note: A day a member is required to isolate under section 9.5.9.

19
Subsection 9.5.22.3 (Travel for more than 21 days)

 

Omit the subsection, substitute:

3.

For subsection 1, none of the following days are counted as days in the travel period.

 

a.

A day on which the member is eligible for field allowance.

 

b.

A day on which the member is required to isolate.

 

Note: A day a member is required to isolate may be included in the travel period under section 9.5.9 but not included for this purpose.

20
Subsection 9.5.22.4 (Travel for more than 21 days)

 

After the subsection, insert:

5.

If a member is required to isolate on return to their posting location in a place that is not their residence, the member is eligible for the following benefits for their isolation period.

 

a.

Accommodation under section 9.5.16.

 

b.

Meals and incidentals under section 9.5.17.

21
Subsection 9.5.23.1 (Limits on travel costs for journey longer than 21 days)

 

After the subsection, insert:

1A.

For the purpose of paragraph 1.a, a member performing duty somewhere else, does not include an isolation period.

22
Section 9.5.35 (Travel costs while living out)

 

After the section, insert:

9.5.35A    Quarantine residence while living out on a journey

 

A member who is required to isolate is eligible to occupy a quarantine residence for the isolation period if one is available.

23
Subsection 9.5.39.2 (Member living in)

 

After the subsection, insert:

3.

For the purpose of calculating the 21 days in table items 4 and 5 of the table in subsection 2, a day on which the member is required to isolate in a place that is not their residence is not counted.

 

Note: A day a member is required to isolate may be included in the travel period under section 9.5.9 but not included for this purpose.

24
Subsection 9.5.41.1 (Travel for more than 21 days)

 

After the subsection, insert:

1A.

For the purpose of calculating the number of days in the travel period in subsection 1, a day on which the member is required to isolate in a place that is not their residence is not counted.

 

Note: A day a member is required to isolate may be included in the travel period under section 9.5.9 but not included for this purpose.

25
Paragraph 9.5.41.3 (Travel for more than 21 days)

 

Omit the subsection, substitute:

3.

For subsection 1, none of the following days are counted as days in the travel period.

 

a.

A day on which the member is eligible for field allowance.

 

b.

A day on which the member is required to isolate.

 

Note: A day a member is required to isolate may be included in the travel period under section 9.5.9 but not included for this purpose.

 

Schedule 5Transitional provisions – disturbance allowance – additional payment

1
 Definitions

 

In this Schedule, the following apply.

 

Defence Determination means the Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of Schedule 1.

 

Gaining location has the same meaning given in the Defence Determination.

2
Items not removed during the COVID-19 pandemic

1.

This section applies to a member who was eligible for a removal under Chapter 6 Part 5 Division 4 of the Defence Determination between 1 July 2021 and the commencement of Schedule 1.

2.

The member is eligible for $250 if any of the following persons flew to the member’s gaining location in connection with the member commencing a positing.

 

a.

The member.

 

b.

The member’s dependant moving to the gaining location.

 

 

 

 

 

Schedule 6Transitional provisions – quarantine residence

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.

 

Isolation period has the same meaning as given in the Defence Determination.

 

Required to Isolate has the same meaning as given in the Defence Determination.

2
Application

 

This Schedule applies to a person who would have been eligible for a benefit under Schedule 4 of this Determination had it been in force between 31 August 2021 and the commencement of this Schedule 4.

3
Quarantine accommodation in Australia

1.

Subject to subsection 2, a person is eligible for the cost of that accommodation for the isolation period if all of the following apply.

 

a.

They would have been eligible to occupy a quarantine residence under Chapter 7 or Chapter 9 of the Defence Determination, had the amendments in Schedule 4 been in force at the time

 

b.

They incurred a cost for occupying accommodation provided for the purpose of requiring to isolate.

2.

If the member received a payment under the Defence Determination for occupying accommodation provided for the purpose of completing an isolation period, the member is not eligible for a payment under this Schedule for the same period.

4
Meals and incidentals in Australia

1.

This section applies to a member who would have been eligible for an amount for meals or incidentals under Chapter 9 of the Defence Determination had the amendments in Schedule 4 been in force at the time.

2.

Subject to subsection 3, a member is eligible for the amount of meals and incidentals that they would have received under Schedule 4 of this Determination had it been in force at the time

3.

If the member received an allowance for meals and incidentals under the Defence Determination for a period of isolation to which this section would apply, the amount payable to the member under subsection 1 is reduced by the amount they have received.