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Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service to provide clarity around the number of paid parental leave days a member is eligible for, and the conditions which apply to the grant of the leave. It also provides transitional provisions for members who were approved paid parental leave between 19 November 2019 and the commencement of this instrument, and for members who were approved additional paid parental leave between 10 December 2020 and 8 July 2021.
Administered by: Defence
Registered 07 Jan 2022
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 (Paid Parental Leave) Determination 2022 (No. 1)

I, MICHAEL IAN McCULLOCH, acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 6 January 2022

Michael Ian McCulloch

Acting 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—Paid parental leave amendments                                                           2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Transitional provisions                                                                           3

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment (Paid Parental Leave) Determination 2022 (No. 1).

2  Commencement

This instrument commences on 14 April 2022.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Defence Determination 2016/19, Conditions of service

1
Section 5.7.5 (Paid parental leave)

 

Omit the section, substitute:

5.7.5    Paid parental leave

1.

A member is eligible for up to 20 days of paid parental leave if they are not eligible for maternity leave.

 

Note: The child does not have to be a recognised dependant of the member.

2.

The following conditions apply to a grant of paid parental leave.

 

a.

Paid parental leave may be taken at full pay or half pay.

 

b.

The minimum period of paid parental leave that may be taken at a time is 1 day.

 

c.

Paid parental leave under subsection 1 is reduced by the following for each day the member would otherwise be required for duty.

 

i.

For each day taken at full pay — 1 day.

 

ii.

For each day taken at half pay — 0.5 day.

3.

Paid parental leave counts as effective service.

Schedule 2Transitional provisions

1.    Decisions made between 14 November 2019 and 14 April 2022 – Paid parental leave

1.

This section applies to a member who was approved to take paid parental leave between 14 November 2019 and the commencement of this Determination.

2.

The member is eligible to take paid parental leave in accordance with the periods that were agreed at the time of approval. 

2.    Decisions made between 10 December 2020 and 8 July 2021 – Additional paid parental leave

1.

This section applies to a member who was approved to take additional paid parental leave between 10 December 2020 and 8 July 2021.

2.

The member is eligible to take additional paid parental leave in accordance with the periods that were agreed at the time of approval.