Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This determination extends the payment of the Operation COVID-19 ASSIST allowance to former members and to members who have died and to set the day from which it is payable to members. It includes Operation LILIA as a new operation for the payment of deployment allowance, and provides a transitional provision for members deployed on Operation LILIA between 25 November 2021 and the commencement of Schedules 2 and 3 of this Determination.
Administered by: Defence
Registered 13 Apr 2022

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2022 (No. 7)

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

Dated 13 April 2022

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—Operation COVID-19 ASSIST allowance – amendment                    2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Operation LILIA amendments                                                              3

Defence Determination 2016/19, Conditions of service                                                                3

Schedule 3—Transitional provisions                                                                           4

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 7).

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 and anything in this Instrument not elsewhere covered by this table.

The day after the instrument is registered.

 

2. Schedule 1

14  April 2022

 

3. Schedules 2 and 3

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 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—Operation COVID-19 ASSIST allowance – amendment

Defence Determination 2016/19, Conditions of service

1
Section 4.12.2

 

Repeal the section, substitute:

4.12.2    Member this Part applies to

1.

This Part applies to a member, including a member of the Reserves, who meets all of the following.

 

a.

They are named on the operational staffing document for Operation COVID-19 ASSIST.

 

b.

They have been issued a Headquarters Joint Operations Command deployment order for Operation COVID-19 ASSIST.

 

c.

They have an operations log entry for Operation COVID-19 ASSIST in PMKeyS.

2.

For the purpose of subsection 1, member includes any of the following.

 

a.

A former member.

 

b.

A deceased member.

Note: A benefit payable to a deceased member is paid to their estate.

2
At the end of section 4.12.3

 

Insert:

4.12.4    Allowance payable from

 

An allowance under this Part is payable from the day set by a notifiable instrument made by the Director Drafting and Engagement in the Department of Defence.

Note: The notifiable instrument may specify different days for different classes of members.

 

Schedule 2—Operation LILIA amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 17.7.6.1 (after table item 3)

 

Insert:

 

3A.

LILIA

The land, territorial waters and superjacent airspace of the Solomon Islands

93.69

 

Schedule 3—Transitional provisions

1
Operation LILIA deployment allowance 

1.

This section applies to a member who was deployed on Operation LILIA and performed duty in the specified area at any time between 25 November 2021 and the commencement of this Determination.

2.

The member is eligible for payment of deployment allowance at the rate of AUD 93.69 for each day of duty the member met the conditions set out in subsection 1.

3.

In this section specified area means the land, territorial waters and superjacent airspace of the Solomon Islands.