Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This determination amends the Defence Determination 2016/19, Conditions of service to make technical amendments, amend trainee dependant's allowance provisions, amend paid parental leave provisions, and amend the vehicle allowance formula and table to reflect contemporary drafting standards, and the rates to reflect the increases as advised by the recognised data provider.
Administered by: Defence
Registered 07 Jun 2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2022 (No. 9)

I, COLONEL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 7 June 2022

Colonel Kirk Lloyd

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—Miscellaneous amendments                                                                    2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Trainee’s dependant allowance amendment                                        3

Defence Determination 2016/19, Conditions of service                                                                3

Schedule 3—Paid parental leave amendments                                                           4

Defence Determination 2016/19, Conditions of service                                                                4

Schedule 4—Vehicle allowance amendments                                                             6

Defence Determination 2016/19, Conditions of service                                                                6

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 9).

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 the instrument is registered

 

2. Schedules 1 to 3

9 June 2022

 

3. Schedule 4

4 August 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 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
Paragraph 3.5.66.2B.b (second occurring)

 

Repeal the paragraph.

2
Subparagraph 5.11.5.1.a.i (second occurring)

 

Repeal the subparagraph.

3
Subparagraph 5.11.5.1.a.ii (second occurring)

 

Repeal the subparagraph.

4
Paragraph 6.5.16.3.b

 

Omit “Part 6 Division 3”, substitute “Part 5 Division 4”.

5
Subsection 8.4.15.3

 

Omit “i.”, substitute “a.”.

6
Subsection 8.4.15.3

 

Omit “ii.”, substitute “b.”.

7
Subparagraph 9.3.33A.3.c.ii (second occurring)

 

Omit “ii.”, substitute “iii.”.

8
Paragraph 12.3.9.1.c

 

Omit “other than a. under”, substitute “other than an extension under”.

9
Paragraph 14.4.11.2A.b

 

Omit “30 June”, substitute “30 September”.

 

Schedule 2—Trainee’s dependant allowance amendment

Defence Determination 2016/19, Conditions of service

1
Paragraph 4.8.6.1.a

 

Repeal the paragraph, substitute:

 

a.

If any of the trainee’s eligible dependants has an expected income of $40,175.20 or more in the current financial year.

2
Section 4.8.6

 

After the section, insert:

4.8.6A    Applying for trainee’s dependant allowance and notification of change in expected income

 

A member must use the approved form to do any of the following.

 

a.

Apply for the trainee’s dependant allowance under this Division.

 

b.

Notify of any change in an eligible dependant’s expected income.

 

Schedule 3—Paid parental leave amendments

Defence Determination 2016/19, Conditions of service

1
Section 5.7.4C

 

Repeal the section, substitute:

5.7.4C    Dual serving parents

1.

In relation to a child, dual serving parents are not eligible for more than a combined total of 18 weeks of the following types of leave.

 

a.

Paid maternity leave.

 

b.

Paid parental leave.

 

c.

Special paid parental leave.

2.

The combined total under subsection 1 is increased by one day for each day any of the following applies.

 

a.

Subsection 5.7.6C.2 applies.

 

b.

The leave is taken at half pay.

2
Paragraph 5.7.4E.b

 

Repeal the paragraph, substitute:

 

b.

One of the following.

 

i.

The adoption of a child by the member.

 

ii.

The child joining the member’s household in anticipation of being adopted by the member.

3
Paragraph 5.7.4E.c

 

Repeal the paragraph, substitute:

 

c.

One of the following.

 

i.

The child being placed in the member’s or their partner’s care under a permanent care order issued by a court or statutory authority.

 

ii.

The child joining the member’s household in anticipation of being placed in the member’s or their partner’s care under a permanent care order issued by a court or statutory authority.

4
Section 5.7.6E

 

Repeal the section, substitute:

5.7.6E    How special paid parental leave must be taken

1.

All the following apply to special paid parental leave.

 

a.

The leave must be taken within 14 weeks of one of the following.

 

i.

The birth of a child of the member.

 

ii.

The adoption of the child by the member or the day the child will enter the member’s home in anticipation of being adopted by the member.

 

iii.

The child being placed in the member’s or their partner’s care under a permanent care order issued by a court or statutory authority or the day the child will enter the member’s home in anticipation of being placed in the member’s or their partner’s care under a permanent care order issued by a court or statutory authority.

 

b.

The leave must be taken in a single continuous period.

 

c.

The leave may be taken in any combination of full pay or half pay that is not more than the equivalent amount of full-time leave.

2.

The time limit under paragraph 1.a is increased by one day for each day of special paid parental leave taken at half pay.

 

Schedule 4Vehicle allowance amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 9.6.25.1

 

Repeal the subsection, substitute:

1.

The amount of vehicle allowance is worked out using the following formula.

 

 

where:

 

A

is the number of whole kilometres for the shortest route it is reasonable to take.

 

B

is, for a vehicle with an engine type in column A that has a capacity in column B, the rate in column C of the same item.

 

Item

Column A

Engine type

Column B

Engine capacity

Column C

Rate per km

(cents)

1.

Non-rotary

1600cc or less

71

2.

Non-rotary

1601cc – 2600cc

90

3.

Non-rotary

More than 2600cc

92

4.

Rotary

800cc or less

71

5.

Rotary

801cc – 1300cc

90

6.

Rotary

More than 1300cc

92

7.

Electric

71