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Determinations/Other as made
This determination makes various amendments to Defence Determination 2016/19, Conditions of service.
Administered by: Defence
Registered 08 Dec 2021
Tabling HistoryDate
Tabled HR08-Feb-2022
Tabled Senate08-Feb-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2021 (No. 24)

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

Dated 8 December 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—Miscellaneous amendments                                                                    2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Definitions – Chapters 2 and 3 amendments                                        6

Defence Determination 2016/19, Conditions of service                                                                6

Schedule 3—Definitions – Chapter 4 amendments                                                  11

Defence Determination 2016/19, Conditions of service                                                             11

Schedule 4—Definitions – Chapter 5 amendments                                                  16

Defence Determination 2016/19, Conditions of service                                                             16

Schedule 5—Career transition benefits amendments                                              19

Defence Determination 2016/19, Conditions of service                                                             19

Schedule 6—Higher duties allowance amendments                                                 20

Defence Determination 2016/19, Conditions of service                                                             20

Schedule 7—Christmas stand-down amendments                                                   22

Defence Determination 2016/19, Conditions of service                                                             22

Schedule 8—Removals on ceasing continuous full-time service – contribution amendments    23

Defence Determination 2016/19, Conditions of service                                                             23

Schedule 9—Posting location and hardship location amendments                         24

Defence Determination 2016/19, Conditions of service                                                             24

Schedule 10—Salary non-reduction amendments                                                   25

Defence Determination 2016/19, Conditions of service                                                             25

Schedule 11—Transitional provisions                                                                       26

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 24).

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 9

9 December 2021

 

3. Schedule 10

6 January 2022

 

4. Schedule 11

9 December 2021

 

 

 

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 not 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 1—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

1
Section 1.1.3 (Abbreviations)

 

Omit “This”, substitute “The”.

2
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 1: Members with the rank of Warrant Officer Class 1, table

 

Omit table item 9, substitute:

 

9.

Pay Grade 5

Flight Engineer on pay grade 5 the day prior to remuster to another Airmen Aircrew mustering

Date of remuster to another Airmen Aircrew mustering.

The day five years from the date of remuster to another Airmen Aircrew mustering.

 

3
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 1: Members with the rank of Warrant Officer Class 1, table

 

Omit table item 11, substitute:

 

11.

Pay Grade 6

Flight engineer on pay grade 6 the day prior to remuster to another Airmen Aircrew mustering

Date of remuster to another Airmen Aircrew mustering.

The day five years from the date of remuster to another Airmen Aircrew mustering.

 

4
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 1: Members with the rank of Warrant Officer Class 1, table

 

Omit table item 14, substitute:

 

14.

Pay Grade 7

Flight Engineer on pay grade 7 the day prior to remuster to another Airmen Aircrew mustering

Date of remuster to another Airmen Aircrew mustering.

The day five years from the date of remuster to another Airmen Aircrew mustering.

 

5
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 1: Members with the rank of Warrant Officer Class 1, table

 

Omit table item 16, substitute:

 

16.

Pay Grade 8

Flight Engineer on pay grade 8 the day prior to remuster to another Airmen Aircrew mustering

Date of remuster to another Airmen Aircrew mustering.

The day five years from the date of remuster to another Airmen Aircrew mustering.

 

6
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table

 

Omit table item 33, substitute:

 

33.

Pay grade 5

Flight Engineer on pay grade 5 the day prior to remuster to another Airmen Aircrew mustering

Date of remuster to another Airmen Aircrew mustering.

The day five years from the date of remuster to another Airmen Aircrew mustering.

 

7
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table

 

Omit table item 36, substitute:

 

36.

Pay grade 6

Flight Engineer on pay grade 6 the day prior to remuster to another Airmen Aircrew mustering

Date of remuster to another Airmen Aircrew mustering.

The day five years from the date of remuster to another Airmen Aircrew mustering.

 

8
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table

 

Omit table item 39, substitute:

 

39.

Pay grade 7

Flight Engineer on pay grade 7 the day prior to remuster to another Airmen Aircrew mustering

Date of remuster to another Airmen Aircrew mustering.

The day five years from the date of remuster to another Airmen Aircrew mustering.

 

9
Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table

 

Omit table item 41, substitute:

 

41.

Pay grade 8

Flight Engineer on pay grade 8 the day prior to remuster to another Airmen Aircrew mustering

Date of remuster to another Airmen Aircrew mustering

The day five years from the date of remuster to another Airmen Aircrew mustering.

 

10
Annex 3.2.D (Salary non-reduction – Officers), table

 

Omit table item 1.

11
Annex 3.2.D (Salary non-reduction – Officers), table

 

Omit table item 2.

12
Annex 3.2.D (Salary non-reduction – Officers), table

 

Omit table item 4.

13
Annex 3.2.D (Salary non-reduction – Officers), table

 

Omit table item 6.

14
Annex 3.2.D (Salary non-reduction – Officers), table

 

Omit table item 8.

15
Subsection 3.6.4.d (Situations that delay service)

 

Omit the subsection.

16
Section 5.2.6 (Travelling to a restricted destination)

 

Omit the section.

17
Section 5.4.33 (Grant of recreation leave)

 

After the section, insert:

5.

A member must not be granted recreation leave to be taken during a journey under Chapter 14 Part 4 during the COVID-19 pandemic unless Director of Defence Print and Travel Services is satisfied there are exceptional circumstances for the member to do so.

18
Chapter 12 Part 4 Division 1 (Member remunerated by the UN), title

 

Omit “UN”, substitute “United Nations”.

19
Section 14.4.15 (Rest periods)

 

At the end of the section, insert:

 

Notes:

1. A member may take recreation leave under Chapter 5 Part 4 during or at the end of a journey in conjunction with a rest period.

2. Under section 5.4.33, members cannot be granted recreation leave to be taken during a journey during the COVID-19 pandemic unless there are exceptional circumstances.

20
Section 14.4.16 (Recreation leave with rest periods)

 

Omit the section.

21
Subsection 16.4.11A.4 (In-country offset – accommodation)

 

Omit “31 December 2021”, substitute “30 June 2022”.

Schedule 2—Definitions – Chapters 2 and 3 amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 2.3.5.4 (Benefit)

 

Omit “retirement age”, substitute “retirement age”.

2
Section 3.2.18B (Definitions)

 

Omit the section, substitute:

3.2.18B    Definitions

1.

In this Division the following apply.

 

 

Specialist level means any of the following.

 

 

a.

Competency level.

 

 

b.

Dental level.

 

 

c.

Military medical level.

 

 

d.

Legal level.

3
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.

It was in the ADF, or the forces of a Commonwealth country or 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.

4
Section 3.2.28 (Definitions)

 

Omit the section, substitute:

3.2.28    Definitions

 

 

In this Division the following apply.

 

 

Increment anniversary date means the day that is 12 months after the member's most recent appointment, enlistment, promotion or last increment advancement date.

5
Section 3.2.47B (Definitions)

 

Omit the section, substitute:

3.2.47B    Definitions

 

 

In this Division the following apply.

 

 

Aviation specialist has the same meaning as given in Part A Division 1 section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.

 

 

Maritime Aviation Warfare Officer employment category means any of the following Navy employment categories under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries.

 

 

a.

Maritime Aviation Warfare Officer Competency Progression.

 

 

b.

Maritime Aviation Warfare Officer Competency Progression ADQUAL.

 

 

c.

Maritime Aviation Warfare Officer Time Progression.

 

 

d.

Maritime Aviation Warfare Officer Time Progression ADQUAL.

 

 

Officer Aviation member has the same meaning as given in Part A Division 1 section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.

 

 

Officer Aviation Pay Structure means the salary structure under Part B Division 3 sections B.3.7 to B.3.10 of DFRT Determination No. 2 of 2017, Salaries.

 

 

Pilot employment category means the following under Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries.

 

 

a.

For a member of the Navy, any of the following employment categories.

 

 

i.

Pilot Competency Progression.

 

 

ii.

Pilot Competency Progression ADQUAL.

 

 

iii.

Pilot Time Progression.

 

 

iv.

Pilot Time Progression ADQUAL.

 

 

b.

For a member of the Army, any of the following employment categories.

 

 

i.

Pilot — Competency Progression.

 

 

ii.

Pilot — Time Base Progression.

 

 

Promoted means a member promoted under paragraph 13(1)(a) of the Regulation.

 

 

Rank means the rank that the member was appointed to or last promoted to under paragraph 13(1)(a) of the Regulation.

 

 

Note: Rank does not include a higher rank that the member has been directed to act in under paragraph 13(1)(b) of the Regulation.

 

 

Regimental Officers Basic Course – Program (aviation) means the completion on Army's junior officer aviation pilot training program, which includes the following.

 

 

a.

Conversion to operational type aircraft.

 

 

b.

Regimental Officer Basic Courses (aviation).

 

 

Relevant military service means service that meets all of the following.

 

 

a.

It was in the ADF or a foreign military force.

 

 

b.

It is relevant to the work that the officer is appointed to do.

 

 

c.

It was performed at a rank equivalent to the rank the officer is appointed to, or at a higher rank.

 

 

Years in rank means the years in rank under Annex B.3.A to Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, that corresponds to the number of years of experience a member has at their rank, unless otherwise stated.

6
Section 3.5.5 (Some concepts used in this Division)

 

Omit the section, substitute:

3.5.5    Definitions

 

In this Division the following apply.

 

Agreed period of service means a period of up to three years which the member agrees to serve in a specified position, employment category or primary qualification in return for a bonus under this Division.

7
Section 3.5.9 (Factors that are considered before a bonus is offered)

 

 

Omit the section, substitute:

 

3.5.9    Factors to be considered before offering a bonus

1.

The CDF or Service Chief must consider the following matters before determining a bonus to a member.

 

a.

Any evidence that there is a workforce structure shortage that is critical in the member's employment category.

 

b.

Any evidence that failure to retain the member in the position will result in a current capability shortage that is critical.

 

c.

Any evidence that the number of personnel in the member's employment category or specialisation is falling.

 

d.

Whether the position that the member fills is essential to the delivery of the Service's capability.

 

e.

Whether the member holds qualifications and skills that are essential to the delivery of Service capability.

 

f.

Whether the member has applied to achieve qualifications and skills that are essential to the delivery of Service capability.

 

g.

Any evidence about the period of the workforce shortage that the position, employment category or specialisation that the offer is affected by.

 

h.

Any actions that have been taken to remedy the workforce shortage in the longer term.

 

i.

Any market forces that are contributing to the shortage.

 

j.

Any evidence of productivity improvement linked to the payment of the bonus.

 

k.

Any other relevant matter.

2.

For the purpose of paragraph 1.a, a workforce structure shortage is critical if some or all of the recruiting, retention, training throughput, strength and future health elements of the employment category combine so that the shortage in numbers is unlikely to recover within five years.

3.

For the purpose of paragraph 1.b, a current capability shortage is critical if both the following conditions are met.

 

a.

A position requirement cannot be met with fit, trained and available personnel, within respite rules.

 

b.

Failure to meet the position requirement impacts negatively on delivery of Service capability.

8
Section 3.5.65 (Some concepts used in this Division)

 

Omit the subsection, substitute:

3.5.65    Definitions

 

In this Division the following apply.

 

Agreed period of service means a period of up to two years which the member agrees to serve in a specified position, employment category or primary qualification in return for a bonus under this Division.

9
Subsection 3.5.66.2 (Member who is eligible for a retention bonus under this Division)

 

After the subsection, insert:

2A.

For the purpose of subsection 2.a, a workforce structure shortage is critical if some or all of the recruiting, retention, training throughput, strength and future health elements of the category or primary qualification combine so that the shortage in numbers is unlikely to recover within five years.

2B.

For the purpose of subsection 2.b, a current capability shortage is critical if both the following conditions are met.

 

a.

A Navy position requirement cannot be met with fit, trained and available personnel, within respite rules.

 

b.

Failure to meet the position requirement impacts negatively on delivery of Navy capability.

 

b.

Failure to meet the position requirement impacts negatively on delivery of Navy capability.

10
3.6.2 (Definitions)

 

Omit the section, substitute:

3.6.2    Definitions

 

In this Part the following apply.

 

Member critical to capability means a member for whom the CDF decides all the following circumstances exist.

 

a.

The loss of that member would significantly impact on ADF strategic or operational capability.

 

b.

The member's skills, knowledge or qualifications cannot be readily replaced in the immediate future.

 

c.

The member has demonstrated consistent high performance.

 

Position critical to capability means a position that is essential to strategic or operational capability of the ADF and requires a particular set of skills, knowledge or qualification. Failure to fill the position impacts negatively on delivery of Service capability.

 

Agreed period of service means the period the member has agreed to serve in the position for which the deliberately differentiated offer is made using the form at Annex 3.6.A.

 

Workforce capability gap means the gap between the current and required capability of the workforce.

Schedule 3—Definitions – Chapter 4 amendments

Defence Determination 2016/19, Conditions of service

1
Section 4.4.4 (Definitions)

 

Omit the section, substitute:

4.4.4    Definitions

 

In this Division the following apply.

 

Continuous period means the period that the member stays in the remote location, including any period they leave the remote location while any of the following apply.

 

a.

They are not required for duty.

 

b.

They are on a nonworking period.

 

Grade, for a remote location, means the grade specified for it in Annex 4.4.A.

 

Harbour craft means a vessel that is not liable, in the ordinary course of duty with the ADF, to be ordered to sea.

 

Remote location means a location mentioned in Annex 4.4.A.

2
Section 4.4.18 (Definitions)

 

Omit the section.

3
Chapter 4 Part 4 Division 3 (Port Wakefield allowance)

 

Omit “the establishment”, substitute “the Proof and Experimental Establishment at Port Wakefield” wherever occurring.

4
Chapter 4 Part 4 Division 5 (Allowances for services in Antarctica - overview)

 

Omit the division, substitute:

Division 5: Allowances for services in Antarctica – general provisions

4.4.25    Definitions

 

In Division 5, 6, 7 and 8 the following apply.

 

Antarctica means the area south of the Antarctic Convergence, and includes Macquarie Island.

 

Antarctic Convergence has the same meaning as in the Convention on the Conservation of Antarctic Marine Living Resources, as set out in the Schedule to the Antarctic Marine Living Resources Conservation Act 1981.

 

Day of embarkation means one of the following.

 

a.

If the ship sails from a port at or before 1200 — the day of embarkation is the day the ship sails.

 

b.

If the ship sails from a port after 1200 — the day of embarkation is the day after the ship sails.

 

Day of disembarkation means one of the following.

 

a.

If the ship docks in a port at or before 1200 — the day of disembarkation is the day before the ship docks.

 

b.

If the ship docks in a port after 1200 — the day of disembarkation is the day the ship docks.

 

Expedition mean an Australian National Antarctic Research Expedition to Antarctica.

 

Port means the port specified in the expedition itinerary as the port of embarkation or disembarkation of the expedition.

5
Section 4.4.38 (Definitions)

 

Omit the section, substitute:

4.4.38    Definitions

 

In this Division the following apply.

 

ADF amount means the sum of the amounts of salary and maritime disability allowance that the member would be eligible for if the duty was for an ADF posting.

 

APS amount means the sum of the amounts of salary and allowance instead of overtime that the member would be eligible for in the APS position.

Note:  If the member is not an APS employee, this amount will always be zero.

6
Section 4.5.2 (Purpose)

 

After the section, insert:

4.5.2A    Definitions

 

In this Part the following apply.

 

Meal period for a member who occupies living in accommodation means a period that the mess at the location of their living in accommodation provides meals for them.

7
Section 4.5.5 (Meal period – definition)

 

Omit the section.

8
Section 4.6.2 (Member this Part applies to)

 

Omit the section, substitute:

4.6.2    Member this Part applies to

1.

This Part applies to a member who holds a rank of Brigadier or higher.

2.

Sections 4.6.4, 4.6.5 and 4.6.6 apply to a member of the Reserves who holds a rank of Brigadier or higher.

9
Section 4.6.3 (Definitions)

 

Omit the section.

10
Section 4.6.6 (Executive vehicle allowance)

 

Omit “star rank”, substitute “rank of Brigadier or higher” wherever occurring.

11
Chapter 4 Part 8 (Training payments)

 

After the title, insert:

Division 1: General provisions

4.8.1    Definitions

 

In this Part the following apply.

 

Dental officer has the same meaning given in section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.

12
Chapter 4 Part 8 Division 1 (Trainee's dependant allowance), title

 

Omit the title, substitute:

Division 1A: Trainee’s dependant allowance

 

13
Section 4.8.4 (Definition)

 

Omit the section.

14
Section 4.8.6 (When this Division does not apply)

 

Omit the section, substitute:

4.8.6    When this Division does not apply

1.

This Division does not apply if any of the following criteria are met.

 

a.

If the trainee’s eligible dependant has an income of $34,980.40 or more in a financial year.

 

b.

The trainee is not entitled to salary.

 

c.

The member is on Reserve service.

2.

In this section, eligible dependant means one of the following.

 

a.

The trainee’s dependant.

 

b.

A person who meets all of the following.

 

 

i.

They are under 16 years of age.

 

 

ii.

They are living with the trainee.

 

 

iii.

They are wholly or substantially dependant on the trainee.

15
Section 4.8.15 (Definition)

 

Omit the section, substitute:

4.8.15    Definitions

 

In this Division, the following apply.

 

Refresher training course means an approved course of study to be undertaken by a former member in aspects of medical or dental practice that are not normally found in the ADF.

16
Paragraph 4.8.17.2.b (Conditions for refresher training payment)

 

Omit “course”, substitute “refresher training course”.

17
Subsection 4.8.17.3 (Conditions for refresher training payment)

 

Omit “course”, substitute “refresher training course”.

18
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 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 refresher 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 refresher training course begins.

 

C

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

19
Section 4.8.28 (Definitions)

 

Omit the section.

Schedule 4—Definitions – Chapter 5 amendments

Defence Determination 2016/19, Conditions of service

1
Section 5.1.1A (Definitions)

 

Omit the section, substitute:

5.1.1A    Definitions

 

In this Chapter the following apply.

 

Senior officer who transitioned means a senior officer who meets all of the following.

 

a.

The senior officer previously held one of the following appointments or positions.

 

 

i.

Chief of the Defence Force.

 

 

ii.

Vice Chief of the Defence Force.

 

 

iii.

Service Chief.

 

 

iv.

Chief of Joint Operations.

 

b.

The senior officer undertook required activities that supported their resignation, retirement or transfer to the Reserves, immediately after ceasing their appointment in paragraph a.

 

c.

The senior officer ceased service in the Permanent Forces, immediately after completing the activities described in paragraph b.

 

Start date means the first day of the member’s absence.

 

Transition period means the period for a senior officer that is between the following two days.

 

a.

The day after the senior officer ceases to hold one of the following appointments or positions.

 

 

i.

Chief of the Defence Force.

 

 

ii.

Vice Chief of the Defence Force.

 

 

iii.

Service Chief.

 

 

iv.

Chief of Joint Operations.

 

b.

The day before the senior officer becomes a senior officer who transitioned.

2
Section 5.2.3 (Transiting through a restricted destination)

 

Omit the section, substitute:

5.2.3    Definitions

 

In this Part the following apply.

 

Transiting through a restricted destination means the member enters a restricted destination and all of the following apply.

 

a.

The member remains in the port or airport.

 

b.

The member does not pass through any customs or immigration process.

3
Section 5.4.6 (Definitions)

 

Omit the section, substitute:

5.4.6    Definitions

 

In this Part the following apply.

 

Field service has the same meaning given in DFRT Determination No. 11 of 2013, ADF allowances.

 

Flight duties has the same meaning given in DFRT Determination No. 11 of 2013, ADF allowances.

 

Non-effective service means a period of more than 24 hours when one of the following applies.

 

a.

The member is on unpaid leave.

 

b.

The member is absent without leave.

 

c.

The member is suspended from duty, on detention, in prison or in custody immediately before a conviction.

 

d.

The member is on detention or in prison after a conviction.

 

Special service means service performed in either of the following circumstances.

 

a.

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

 

b.

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

4
Section 5.4.10 (Definitions)

 

Omit the section.

5
Section 5.5.5 (Definitions), definition of start date

 

Omit the definition.

6
Subsection 5.5.15.1 (Prior service)

 

Omit “Long Service Leave Act”, substitute “Long Service Leave (Commonwealth Employees) Act 1976”.

7
Subsection 5.5.27.4 (Member on higher duties, temporary or acting rank)

 

After the subsection, insert:

5.

In this section, start date means the earliest of the following days.

 

a.

The day the member met the criteria set out in section 2.2.3.

 

 

Note: Chapter 2 Part provides career transition benefits for members when they change service category or cease service with the ADF.

 

b.

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.

 

c.

The day the member ceases continuous full-time service.

8
Section 5.8.2 (Definitions)

 

After the definition of ‘Operational area’, insert:

 

Warlike service has the same meaning given by section 1.3.79.

9
Section 5.9.20 (Definition)

 

Omit the section.

10
Subsection 5.9.22.4 (Conditions of benefit)

 

After the subsection, insert:

5.

In this section, prescribed area means one of the following.

 

a.

An operational area, as defined in section 1.3.48.

 

b.

A defined area approved by the minister.

11
Subsection 5.11.16A (Definitions)

 

Omit “For the purpose of”, substitute “In”.

 

 

Schedule 5—Career transition benefits amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 2.2.5.1 (Career transition training)

 

After the subsection, insert:

1A.

Despite subsection 1, a member is eligible for an additional 12 months to apply for and undertake training provided under subsection 1 if the decision maker is satisfied of all of the following.

 

a.

The member has received a termination notice for the reason of being medically unfit for service in the Defence Force.

 

b.

The member is unable to access training due to their medical condition or injuries.

 

Note: A member who is medically unfit for service may have their service in the Defence Force terminated under paragraph 24(1)(a) of the Defence Regulation.

1B.

If subsection 1A applies, the member must not commence the approved training unless the decision maker is satisfied that the member is medically fit to undertake it.

1C.

For the purpose of subsection 1A and 1B, decision maker means a person not below WO2(E)/APS4 working in the Directorate of Transition Coaching and Support.

 

Schedule 6—Higher duties allowance amendments

Defence Determination 2016/19, Conditions of service

1
Section 4.1.2 (Definitions)

 

Omit the table, substitute:

 

Item

Column A

Member performing higher duties

Column B

Defence Member

Column C

Defence APS employee

1.

A member holding a rank of Colonel or lower who meets all of the following.

a.   The member has been directed to perform the primary duties of a position at higher rank.

b.   The primary duties of that position are not being undertaken by another person.

A member holding a rank of Sergeant or higher and meets all of the following.

a.     The member is at least one rank higher than the position in which the duty is to be performed.

b.    The person who has been directed is in the member’s chain of command.

A Defence APS employee holding a classification of APS 4 or higher who has managerial or supervisory responsibility for the position in which the duty is to be performed.

2.

A member holding a rank of Brigadier or higher who meets all of the following.

a.   The member has been directed to perform the primary duties of a position at higher rank.

b.   The primary duties of that position are not being undertaken by another person.

A member who has responsibility for the position in which the duty is to be performed.

A Defence APS employee who has managerial or supervisory responsibility for the position in which the duty is to be performed.

3.

a.     A member of the Permanent Forces who is directed to perform the primary duties of a Reserve position of a higher rank.

A member holding the rank of Brigadier or higher who has command over the member.

A Defence APS Senior Executive Service Band 1 employee or higher who has managerial or supervisory responsibility for the position of which the duty is to be performed.

4.

A member in all other circumstances

 

2
Paragraph 4.1.5.1.c (Eligibility for higher duties allowance)

 

After the paragraph, insert.

 

d.

There is a capability reason to pay higher duties other than the position or role being temporarily unfilled.


 

3
Subsection 4.1.7.e (End of higher duties allowance)

 

After the subsection, insert.

 

f.

The day the member is promoted.

 

Schedule 7—Christmas stand-down amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 5.12.3.1.b (Christmas stand-down)

 

Omit the paragraph, substitute.

 

b.

24 December 2021 – 3 January 2022 inclusive.

2
Subsection 15.1.11.3, table item 1 (Christmas stand-down)

 

Omit the table item 1, substitute:

 

1.

2021-2022

24 December 2021

25 December 2021

26 December 2021

29 December 2021

30 December 2021

31 December 2021

1 January 2022

2 January 2022

 

Schedule 8—Removals on ceasing continuous full-time service – contribution amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 6.5.48.2.a (Removal on ceasing continuous full-time service)

 

Omit the paragraph, substitute:

 

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 a location chosen by the member.

2
Paragraph 6.5.48.2.b (Removal on ceasing continuous full-time service)

 

Omit the paragraph, substitute:

 

b.

If the removal is under paragraph 1.e, the removal is from the member’s location to a location chosen by the member.

3
Section 6.5.48 (Removal on ceasing continuous full-time service)

 

After the section, insert:

6.5.48A    Contributions for removal to chosen location

1.

This section applies to a member who is eligible for a removal under any of the following.

 

a.

Paragraph 6.5.48.1.d

 

b.

Paragraph 6.5.48.1.e.

2.

The member must pay a contribution if the cost of the removal to the location chosen by the member is greater than one of the following.

 

a.

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

 

b.

The member’s place of enlistment or appointment.

3.

The contribution under subsection 2 is the amount calculated using the following formula.

 

 

Where:

 

A

is the cost of a the removal.

 

B

is the cost of a removal to one of the following had they not been removed to the location chosen by the member.

 

 

a.

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

 

 

b.

The member’s place of enlistment or appointment.

 

Schedule 9—Posting location and hardship location amendments

Defence Determination 2016/19, Conditions of service

1
Annex 12.3.B (Post index locations)

 

After table item 41, insert:

 

41A.

SOUTH KOREA

Seoul

41B.

- Changwon

Changwon

41C.

- Seoul

Seoul

 

2
Annex 12.3.B (Post index locations)

 

Omit table item 44.

3
Annex 16.B (Hardship location conditions of service)

 

After table item 49, insert:

 

49AA.

South Korea – Changwon

24

Capital city (1)

Sydney (1)

8

Regional centre only

B

 

Schedule 10—Salary non-reduction amendments

Defence Determination 2016/19, Conditions of service

1
Annex 3.2.B Part 2 (Members with the rank of Warrant Officer Class 2 or lower), table item 12

 

After the table item, insert:

 

13.

Pay Grade 4

Operator Plant Grade 2

20 January 2022

19 January 2026

Schedule 11Transitional provisions

1.    Definitions

 

In this Schedule the following apply.

 

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

2.    Flight engineer salary non-reduction – transitional

 

 

 

A member who was eligible for salary non-reduction under Annex 3.2.B, Part 1 table items 9, 11, 14 or 16, or Annex 3.2.B, Part 2 table items 33, 36, 39 or 41 of Defence Determination 2016/19 on 30 July 2020, is eligible for salary non-reduction between 31 July 2020 and the commencement of this Determination as though Schedule 1 of this Determination had been in force at the time.