Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service.
Administered by: Defence
Registered 07 Jul 2022
Tabling HistoryDate
Tabled HR26-Jul-2022
Tabled Senate26-Jul-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2022 (No. 10)

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 1 July 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—Deployment amendments                                                                       2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Miscellaneous amendments                                                                    3

Defence Determination 2016/19, Conditions of service                                                                3

Schedule 3—Food allowance amendments                                                                 6

Defence Determination 2016/19, Conditions of service                                                                6

Schedule 4—Education assistance amendments                                                        7

Defence Determination 2016/19, Conditions of service                                                                7

Schedule 5—Royal Commission travel benefits amendments                                 10

Defence Determination 2016/19, Conditions of service                                                             10

Schedule 6—ChinaCOVID-19 amendments                                                        13

Defence Determination 2016/19, Conditions of service                                                             13

Schedule 7—Overseas amendments                                                                          16

Defence Determination 2016/19, Conditions of service                                                             16

Schedule 8—Child supplement and location allowance rates amendments           18

Defence Determination 2016/19, Conditions of service                                                             18

Schedule 9—Transitional provisions                                                                         19

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 10).

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. The whole of this Instrument.

7 July 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—Deployment amendments

Defence Determination 2016/19, Conditions of service

1
Section 1.3.18

 

Omit “assigned for duty”, substitute “force assigned”.

2
Section 12.3.1 (definition of Deployment)

 

Repeal the definition, substitute:

 

Deployment means warlike or non-warlike service overseas on an ADF operation, or with a United Nations mission or a similar force.

3
Chapter 17 (heading)

 

Repeal the heading, substitute:

Chapter 17: Deployments

4
Section 17.1.2 (definition of Assigned for duty)

 

Repeal the definition, substitute:

 

A member is force assigned if they are recorded in PMKeyS as being force assigned.

5
Section 17.2.1

 

After the section, insert:

17.2.1A    Period of eligibility

 

A member, including a member of the Reserves, is eligible to receive benefits under this Chapter for the period they are force assigned.

6
Section 17.2.3

 

Repeal the section.

7
Paragraph 17.7.5.1.a

 

Repeal the paragraph, substitute:

 

a.

The member is force assigned on a deployment.

8
Section 17.7.14

 

Omit “assigned for duty with a deployment”, substitute “force assigned on a deployment”.

Schedule 2Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

1
Chapter 2 Part 3 (heading)

 

Omit “: Redundancy”.

2
Paragraph 4.8.6.1.a

 

Omit “40,170.20” substitute “42,255.20”.

3
Subsection 5.4.33.5

 

Repeal the subsection.

4
Subsection 5.7.5.1

 

Omit “maternity leave”, substitute “paid maternity leave”.

5
Paragraph 5.7.6C.2.c

 

After the paragraph, insert:

 

d.

They are deceased.

6
Paragraph 5.7.6D.1.c

 

After the paragraph, insert:

 

d.

They are deceased.

7
Subsection 6.5.46.3 (table item 1, 2 and 3)

 

Repeal the table items, substitute:

 

1.

The member is to relocate from subsidised accommodation to another home in the same location.

 

Note: This includes a member of the Reserves on continuous full-time service.

The subsidised accommodation.

 

A home within the same location as the subsidised accommodation.

 

Note: Section 6.5.60 provides when a member’s belongings may be removed to storage and then to their home.

The member must have occupied subsidised accommodation immediately before ceasing continuous full-time service.

 

2.

The member is to relocate to a location within Australia that is not in the posting location they last received a removal.

The posting location the member last received a removal to.

A location in Australia chosen by the member.

 

Note: Section 6.5.60 provides when a member’s belongings may be removed to storage and then to their home.

All of the following.

a.   The location cannot be within the same posting location the member last received a removal to unless they meet the condition in table item 1.

b.   This table item does not apply to a member of the Reserves on continuous full-time service.

3.

The member is to relocate overseas.

The posting location the member last received a removal to.

The Australian capital city that is the nearest port of exit to the overseas location the member has chosen to live.

All of the following.

a.   The items must be received by the member’s overseas removal agent.

b.   This table item does not apply to a member of the Reserves on continuous full-time service.

 

8
Section 7.1.8

 

Repeal the section, substitute:

7.1.8    Discretion in special circumstances

1.

A member is eligible for a benefit under this Chapter if the CDF is satisfied of all the following.

 

a.

The member does not meet the eligibility criteria to receive the benefit. 

 

b.

The reason the member does not meet the eligibility criteria is beyond their control.

 

c.

It is reasonable in the circumstances to provide the member the benefit.

 

d.

Providing the benefit is consistent with the purpose of the benefit.

2.

The benefit under subsection 1 must not exceed what an eligible member would receive for the same benefit.

9
Subsection 14.4.5.2

 

Omit “Director Defence Travel”, substitute “Director Defence Print and Travel Services”.

10
Subsection 14.4.8.1

 

Omit “Director Defence Travel”, substitute “Director Defence Print and Travel Services”.

11
Paragraph 15.3.14A.4.a

 

Omit “Director Defence Travel”, substitute “Director Defence Print and Travel Services”.

 

 

Schedule 3—Food allowance amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 7.9.11.1.b

 

Repeal the paragraph, substitute:

 

b.

A period of leave that exceeds one week, other than any of the following.

 

 

i.

Medical absence granted under Chapter 5 Part 3 during which the member remains in the posting location.

 

 

ii.

Short absence from duty granted under section 5.11.14 for a member with dependants (unaccompanied) who is isolating in their residence within their posting location.

Schedule 4—Education assistance amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 8.4.10.3

 

Omit “$111”, substitute “$112”.

2
Subsection 8.4.11.3, table

 

Repeal the table, substitute:

 

Item

Column A

Conditions

Column B

Maximum limit

1.

The child has studied the subject before and the subject is offered at the new school.

$1,572

2.

The child has not studied the subject before and the subject is offered at the new school.

$2,918

3.

The child meets both of the following and the subject is not offered at the new school.

1. The child is in Year 10, 11 or 12.

2. The child needs to study the subject, as it is essential to their career aims.

$5,836

 

3
Subsection 8.4.14.3, table

 

Repeal the table, substitute:

 

Item

Column A

Services

Column B

Maximum benefit

1.

A therapy service or tuition not provided by the school, but critical to educational progress.

One hour a week for 14 weeks up to $112 an hour for each service needed.

2.

An assessment of their needs, critical to the development of an educational program.

A private assessment of the need up to $826.

 

4
Subsection 8.4.14.5

 

Repeal the subsection, substitute:

5.

A member is eligible for the cost of compulsory tuition fees up to $32,432 for a child with special needs to attend a private school with access to a special program a year if the CDF decides it is reasonable.

5A.

A member who receives a benefit until subsection 5 must pay a contribution of $403 a year.

5
Subsection 8.4.15.4

 

Omit “$111”, substitute “$112”.

6
Subsection 8.4.21.1, table

 

Repeal the table, substitute:

 

Item

Column A

Purpose

Column B

Maximum reimbursement

Column C

Contribution

1.

Compulsory tuition fees.

$32,432

$403

2.

If in boarding school or a commercial establishment, the cost of board.

$27,845

Either of the following.

a. For the first year of boarding — $2,944.

b.  For every other year of boarding — $3,345.

3.

If accommodated privately, the cost of board.

$17,345

 

7
Subsection 8.4.25.1

 

Omit “$425”, substitute “$440”.

8
Subsection 14A.1.18.2

 

Omit “111”, substitute “112”.

9
Subsection 15.6.11.2, table

 

Repeal the table, substitute:

 

Item

Column A

School level

Column B

Annual contribution in AUD

1.

Pre-school

538

2.

Primary school

184

3.

Secondary school

428

4.

Junior college (or similar institution in the USA)

428

 

10
Subsection 15.6.21.2

 

Omit “426”, substitute “428”.

11
Section 15.6.26

 

Repeal the section, substitute:

15.6.26    Compulsory tuition fees

1.

Subject to subsection 3, a member who has a child attending pre-school, primary or secondary school in Australia is eligible for the costs of compulsory school fees for the child.

2.

The maximum benefit under subsection 1 is the lesser of the following.

 

a.

The amount of the compulsory school fees.

 

b.

AUD 32,432.

3.

A member who receives a benefit under subsection 1 must pay one of the following contributions.

 

a.

If the child is in pre-school or primary school — AUD 184.

 

b.

If the child is in secondary school — AUD 428.

12
Subparagraph 15.6.27.2.a.ii

 

Omit “$27,601”, substitute “AUD 27,845”.

13
Subparagraph 15.6.27.2.b.ii

 

Omit “$17,199”, substitute “AUD 17,345”.

14
Subparagraph 15.6.27.3.a.i

 

Omit “$2,825”, substitute “AUD 2,944”.

15
Subparagraph 15.6.27.3.a.ii

 

Omit “$3,232”, substitute “AUD 3,345”.

 

Schedule 5—Royal Commission travel benefits amendments

Defence Determination 2016/19, Conditions of service

1
After Chapter 8 Part 7

 

Insert:

Part 7A: Assistance for attendance at a Royal Commission

8.7A.1    Purpose

 

The purpose of this Part is to provide assistance to a member's nominated support person so they can provide support to a member who attends a Royal Commission hearing as a witness.

8.7A.2    Definitions

 

In this Part the following apply.

 

Decision maker means the Director Governance Royal Commission into Defence and Veterans Suicide – Taskforce.

 

Member includes the following.

 

a.

A member of the Reserves.

 

 

b.

A former member.

 

 

Royal Commission has the same meaning as in section 1B of the Royal Commissions Act 1902.

8.7A.3    Persons who this Part applies to

 

This Part applies to a person nominated by a member, who is summoned as a witness at a Royal Commission hearing, to provide support to the member at the Royal Commission hearing.

8.7A.4    When assistance under this Part ceases

 

The assistance under this Part ceases on the day after the conclusion of the Royal Commission hearing.

8.7A.5    Assistance with transport

1.

This section does not apply to a person who lives within 30 kilometres of the location of the Royal Commission hearing.

2.

A person is eligible for any of the following if the decision maker is satisfied it is reasonable to assist the person to travel to attend a Royal Commission hearing attended by the member.

 

a.

If the person travels by private vehicle — all of the following.

 

 

i.

Vehicle allowance under Chapter 9 Part 6 Division 5 for the journey to and from the location of the Royal Commission hearing.

 

 

ii.

Reimbursement of any parking fees and road tolls incurred in connection with attending the Royal Commission hearing, if they provide receipts.

 

b.

If the person travels by air — all of the following.

 

 

i.

A return economy class flight within Australia to and from the location of the Royal Commission hearing.

 

 

ii.

The cost of transport for the journey to and from the airport where the flight arrives or departs.

 

c.

If the person travels by any other means of transport within Australia — the cost of the transport.

8.7A.6    Assistance with accommodation

1.

A person is eligible for accommodation costs if the decision maker is satisfied it is unreasonable for the person to attend the Royal Commission hearing without the accommodation being provided.

2.

The person is eligible for reasonable transport costs between the accommodation and the location of the Royal Commission hearing if the decision maker is satisfied it is unreasonable for the person to walk to and from the accommodation.

8.7A.7    Assistance with meals

1.

Subject to subsection 2, a person is eligible for an allowance for a meal at one of the following rates if the decision maker is satisfied it is reasonable.

 

a.

If the person is less than 10 years old — half the rate set out in Annex 9.5.A Part 4 table item 1 for the relevant meal.

 

b.

If the person is 10 years or older — the rate set out in Annex 9.5.A Part 4 table item 1 for the relevant meal.

2.

The person is not eligible for assistance for a meal if the meal is provided at no cost to the person.

3.

If a person under 18 years of age is eligible for assistance under this section the payment is made to the following.

 

a.

If they are travelling with a parent, adult relative or legal guardian — to the parent, adult relative or legal guardian.

 

b.

If they are travelling alone — to the child.

8.7A.8    Assistance with incidental expenses

1.

A person is eligible for incidentals allowance if the decision maker is satisfied it is reasonable.

2.

The rate of incidentals allowance is one of the following.

 

a.

The amount payable to a member under subsection 9.5.41.2 table item 3.

 

b.

If subsection 3 applies, the rate set by the decision maker.

3.

The rate of allowance may exceed the limit in paragraph 2.a. if the decision maker is satisfied that the maximum amount payable under paragraph 2.a. is not sufficient in the circumstances.

8.7A.9    Assistance with dependant or child care

1.

A person is eligible for assistance with caring responsibilities for a dependant if the decision maker is satisfied it is reasonable having regard to the support being provided to the member attending Royal Commission hearing.

2.

Assistance under subsection 1 includes any of the following.

 

a.

Transport to and from any of the following for the person’s dependant.

 

 

i.

The home of the dependant.

 

 

ii.

The home of the person who will care for the dependant.

 

b.

Transport to and from any of the following for the person who will care for the dependant.

 

 

i.

The home of the person who will care for the dependant.

 

 

ii.

The location of the Royal Commission hearing.

 

c.

Any of the following services.

 

 

i.

Dependent care.

 

 

ii.

Specialist dependent care.

 

 

iii.

Child minding.

 

 

iv.

Respite care.

3.

In this section, a person’s dependant means someone the decision maker is satisfied is dependent on the person.

 

Schedule 6—ChinaCOVID-19 amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 1.3.66A.a
 
Repeal the paragraph, substitute:

 

a.

If the person is in Australia, any of the following apply.

 

i.

They are required under a law of a State or Territory to isolate themself.

 

ii.

They are required under a law of a foreign government to isolate themself before leaving Australia to begin or continue a long-term posting or short-term duty in the jurisdiction of that foreign government.

2
Paragraph 12.1.1.a

 

Repeal the paragraph, substitute:

 

a.

For the purpose of commencing duty overseas, the period immediately before commencing duty overseas for the following purposes.

 

i.

To allow the member and dependant to complete all things necessary to travel to the overseas location.

 

ii.

To allow the member and dependants to complete an isolation period required by a law of a foreign government.

3
Paragraph 12.5.2.c

 

After “travelling”, insert “, or being required to isolate,”.

4
After section 12.5.3.4

 

Insert:

5.

This section does not apply to a person to whom section 12.5.3A applies.

5
After section 12.5.3

 

Insert:

12.5.3A    Cost of isolation accommodation relating to duty in China

1.

This section applies to any of the following.

 

a.

A person who is required to isolate in accommodation in China.

 

 

b.

A person who is required to isolate in accommodation in Australia before commencing or continuing duty in China.

2.

The person is eligible to receive the costs associated with a requirement to isolate under subsection 1 if they meet all of the following.

 

a.

They are required to pay a charge for the accommodation.

 

 

b.

The requirement is in connection with travel provided under Chapters 12 to 17 of this Determination.

 

 

Note: A benefit is not available under this section for travel undertaken for any other purpose.

 

3.

The member is eligible for all of the following.

 

 

a.

The amount of charge for the accommodation occupied during the isolation period.

 

 

b.

The cost of meals up to the amount provided under one of the following.

 

 

i.

For isolation in Australia — the amount provided under Part 4 of Annex 9.5.A for each day of isolation.

 

ii.

For isolation in China — the amount provided under subsection 4.

 

c.

The amount of incidentals provided under one of the following.

 

 

i.

For isolation in Australia — the amount provided under Part 4 of Annex 9.5.A for each day of isolation.

 

ii.

For isolation in China — the amount provided for the location in China under Annex 13.3.A Part 2 for each day of isolation.

 

Note: A person may receive this benefit more than once for a journey.

 

4.

For the purpose of subparagraph 3.b.ii the cost of meals for a person in isolation for the location in China under Annex 13.3.A Part 2 is one of the following.

 

 

a.

If the person is 13 years old or older — the rate specified for the limit for each day: meals.

 

 

b.

If the person is younger than 13 years old — two-thirds of the rate specified in paragraph a.

 

5.

This section does not apply in any of the following circumstances.

 

 

a.

The charge is for board or rent that the person would pay had they not been in isolation in Australia.

 

 

b.

The member has received a benefit for the same accommodation under this Determination.

 

 

c.

The charge has been paid by another organisation.

 

6.

The benefit for accommodation under this section may be provided as a reimbursement to the member or by direct payment to the organisation responsible for collecting the charge.

 

7.

This section ceases to apply on 31 December 2022.

 

6
After Part 3 of Chapter 14A

 

Insert:

Part 4: Obligation to isolate before returning to China

14A.4.1    Purpose

 

The purpose of this Part is to provide temporary accommodation in Australia for members and their dependants who are visiting Australia and are required to isolate before returning to China.

14A.4.2    Person this Part applies to

 

This Part applies to a person who meets all of the following.

 

a.

They are in Australia on a temporary absence from a posting in China.

 

b.

They are required to isolate in Australia before returning to China.

14A.4.3    Accommodation, meals and incidentals in Australia

 

The person is eligible for the daily cost of accommodation, meals and incidentals provided under Annex 9.5.A for the isolation period.

14A.4.4    Application of this Part

 

This Part ceases to apply on 31 December 2022.

7

Section 16.4.11A

 

Repeal the section, substitute:

16.4.11A    In-country offset – accommodation in China

1.

A member who offsets their assisted leave travel to travel to a location in China under subsection 16.4.11.1 is eligible for accommodation assistance for each day they occupy commercially provided accommodation.

2.

In this section, accommodation assistance means the cost of accommodation for the member up to the sum of the following amounts.

 

a.

AUD 1,200 for every 7 day period.

 

b.

AUD 200 for every other day.

3.

A member is eligible for a benefit under this section once.

4.

This section ceases to apply on 31 December 2022.

 

 

Schedule 7—Overseas amendments

Defence Determination 2016/19, Conditions of service

1
Annex 12.3.B

 

Before table item 1, insert

 

1A.

BANGLADESH

Dhaka

 

2
Annex 12.3.B

 

After table item 9, insert

 

9A.

ESTONIA

Tallinn

 

3
Annex 15.6.B

 

Repeal table item 1, substitute:

 

1.

Belgium

Association pour le Développement des Sports et Loisirs (ADSL)

Brussels Kangaroos

International School Brussels

La Ferme d’Anjou

Tutti Frutti

 

4
Annex 16.B

 

After table item 2, insert:

 

2A.

Bangladesh

24

Capital city (1)

Singapore (3)

4.8

Yes

F

 

5
Annex 16.B

 

After table item 10, insert:

 

10A.

Estonia

24

Capital city (1)

London (1)

8

Yes

B

 

6
Annex 16.B

 

Repeal table item 49AA, substitute:

 

49AA.

South Korea – Changwon

24

Capital city (1)

Singapore (1)

8

Regional centre only

B

49AB.

South Korea – Pyeongtaek

24

Capital city (1)

Singapore (1)

8

Regional centre only

B

 

Schedule 8Child supplement and location allowance rates amendments

Defence Determination 2016/19, Conditions of service

1
Section 15.2A.20

 

Repeal the section, substitute:

15.2A.20    Amount of allowance

1.

A member is eligible for a fortnightly payment of child supplement allowance for each child who is a dependant.

2.

The rate of child supplement allowance is calculated using the following formula.

Title: formula - Description: rate of child supplement allowance equals a times b divided by 100

Where:

 

A

is the base rate for the child's age.

 

B

is the applied post index for the member's posting location as set by section 12.3.14A.

3.

For the purpose of subsection 2, the base rate for a child of the age in column A of the following table is the rate in column B of the same item.

 

Item

Column A

Child's age

Column B

Base rate (AUD)

1.

Under 3 years old

358

2.

Between 3 and 12 years old

275

3.

Between 12 and 18 years old

330

 

 

Note: Section 15.2A.9 may affect the payment of this allowance if a member and their partner are posted to the same location and the member’s partner is eligible for a benefit for the same or a comparable purpose.

2
Subsection 16.2A.5.1, table

 

Repeal the table, substitute:

 

Item

Column A

Hardship location grade

Column B

Rate for an unaccompanied member

(AUD per year)

Column C

Rate for an accompanied member

(AUD per year)

1.

A

Nil

Nil

2.

B

Nil

Nil

3.

C

17,207

25,810

4.

D

22,943

34,414

5.

E

28,678

43,017

6.

F

34,414

51,620

Schedule 9Transitional provisions

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.

2.    Food allowance

1.

This section applies to a member who met all of the following between 8 April 2020 and the commencement of this Determination.

 

a.

They were a member with dependants (unaccompanied) who lives out.

 

b.

They were on a period of short absence from duty under section 5.11.14 that exceeded one week.

 

c.

They were isolating in their residence within their posting location.

2.

The member is eligible for food allowance under section 7.9.10 of the Defence Determination as though Schedule 3 of this Determination applied at the time.

3.    Royal Commission travel benefits

1.

This section applies to a person who was nominated by a member, who is summoned as a witness at a Royal Commission hearing, to provide support to the member at the Royal Commission hearing between 1 June 2022 and the commencement of this Determination.

2.

The person is eligible for assistance under Chapter 8 Part 7A of the Defence Determination as though Schedule 5 of this Determination had applied at the time.

4.    ChinaCOVID-19
1
Cost of isolation accommodation – China
1.
This section applies to a member who meets all of the following between 3 May 2022 and the commencement of this Determination.

 

a.

One of the following applies.

a.

One of the following applies.

 

i.

The member was on long-term posting overseas to China.

 

ii.

The member was on short-term duty in China.

 

b.

The member and any dependants were required to isolate in Australia before travelling to, or on return to, China.

2.
The member is eligible to be reimbursed the cost of accommodation and meals for the member and any dependants who were required to isolate in Australia had Schedule 6 of this Determination applied at the time.
2
In-country offset accommodation – China
1.
This section applies to a member who meets all of the following between 1 July 2022 and the commencement of this Determination.

 

a.

The member was on long-term posting overseas to China.

 

b.

The member offset their assisted leave travel to travel to a location in China.

2.
The member is eligible for the cost of accommodation up to the rate set out in Schedule 6 item 7 of this Determination had it applied at the time.
5.    Approved summer schools

1.

This Section applies to a member who is posted to Belgium and has a child who attended one of the following approved summer schools between 17 May 2022 and the commencement of Schedule 7 of this Determination.

 

a.

Brussels Kangaroos.

 

b.

La Ferme d’Anjou.

 

c.

Tutti Fruitti.

 

d.

Association pour le Développement des Sports et Loisirs (ADSL).

2.

The member is eligible for the reimbursement of the amount they would have been eligible for under section 15.6.15 of the Defence Determination as though Schedule 7 of this Determination had applied at the time.