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Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service to make a number of miscellaneous amendments including removing references to spouse, updating the name of the national ADF health program, removing "deeming provisions" and "exception provisions and including a transitional relating to redundancy benefits for former members of the Permanent Forces who ceased service between 14 October 2021 and the commencement of Schedule 1, include Latvia as a new posting location and a hardship location and amend the approved summer schools for a member posted to China, allow a member to pay a reduced contribution towards education assistance with compulsory school fees if their child does not complete a full academic school year at an overseas posting location or in a boarding school in Australia, and amend the rates of allowances and related benefits that may be paid to a member in connection with travel undertaken for duty purposes.
Administered by: Defence
Registered 02 Aug 2022
Tabling HistoryDate
Tabled HR03-Aug-2022
Tabled Senate04-Aug-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2022 (No. 11)

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 August 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—Miscellaneous amendments                                                                    2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Deeming provision amendments                                                          17

Defence Determination 2016/19, Conditions of service                                                             17

Schedule 3—Chapter 6 definitions amendments                                                     20

Defence Determination 2016/19, Conditions of service                                                             20

Schedule 4—Chapter 7 definitions amendments                                                     23

Defence Determination 2016/19, Conditions of service                                                             23

Schedule 5—Clothing or personal effects amendments                                          35

Defence Determination 2016/19, Conditions of service                                                             35

Schedule 6—Exceptions amendments                                                                       36

Defence Determination 2016/19, Conditions of service                                                             36

Schedule 7—Overseas amendments                                                                          37

Defence Determination 2016/19, Conditions of service                                                             37

Schedule 8—Education assistance amendments                                                      38

Defence Determination 2016/19, Conditions of service                                                             38

Schedule 9—Travel and meal allowances amendments                                          39

Defence Determination 2016/19, Conditions of service                                                             39

Schedule 10—Transitional provisions                                                                       45

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 11).

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.

4 August 2022

 

2. Schedules 1 to 8 and 10

4 August 2022

 

3. Schedule 9

13 October 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
Section 1.3.47

 

Repeal the section, substitute:

1.3.47    Normal working hours

 

Normal working hours for a member means the hours of duty set by their commander

2
Section 1.3.80

 

Repeal the section.

3
Paragraph 1.3.83.1.e

 

Omit “spouse or” wherever occurring.

4
Section 1.3.86

 

Repeal the section, substitute:

1.3.86    Non-Service partner

 

A non-Service partner is a member's partner who is not a member.

5
Subsection 2.1.4.2

 

Omit “for the same item”, substitute “of the same item”.

6
At the end of subsection 2.3.5.5

 

Add:

 

b.

Any of the following DFRT allowances:

 

 

i.

Special Forces disability allowance.

 

 

ii.

Clearance diver allowance.

 

 

iii.

Maritime disability allowance.

 

 

iv.

Unpredictable explosives allowance.

7
Section 3.2.35 (note)

 

Repeal the note.

8
Paragraph 3.5.14H.b

 

Omit “Service Category”, substitute “service category”.

9
Section 3.5.14I

 

Omit “Service Category” wherever occurring, substitute “service category”.

10
Section 3.5.14IA

 

Omit “Service Category” wherever occurring, substitute “service category”.

11
Subsection 3.5.14J.2

 

Omit “Service Category”, substitute “service category”.

12
Paragraph 4.9.16.1.b

 

Omit “as Service Category”, substitute “a service category”.

13
Subsection 5.4.13.3

 

Omit “20, being the annual maximum for additional recreation leave”, substitute “the maximum annual additional recreation leave credit under section 5.4.12”.

14
Subsection 5.4.35.2

 

Omit “if either”, substitute “if any”.

15
Section 5.6.4

 

Repeal the definition, substitute:

 

Qualifying service means a continuous period of 12 months of any of the following.

 

a.

Continuous full-time service in the ADF.

 

b.

Any other employment recognised for the purpose of the Maternity Leave (Commonwealth Employees) Act 1973, subsection 6(4).

17
Paragraph 6.1.5.b

 

Repeal the paragraph, substitute:

 

b.

They are moving overseas from Australia.

18
Paragraph 6.1.27.2.b

 

Omit “while animal”, substitute “while the animal”.

19
Paragraph 6.5.4A.a

 

Omit “posting or”, substitute “posting of”.

20
Section 6.5.10

 

Repeal the section, substitute:

6.5.10   Limitation on removals

 

The removal of furniture and effects listed in an item in column A of the following table is subject to the conditions for removal in column B of the same item.

 

Item

Column A

Furniture and effects

Column B

Conditions for removal

1.

A small boat, canoe, kayak or other small watercraft.

The item is no longer than 5.7m and no heavier than 51kg.

2.

A larger boat capable of being carried on a trailer.

The item falls within the definition of a towable item.

3.

A lawn locker or tool shed.

The item has been dismantled and packed securely by the member.

4.

A motor bike, trail bike or mini-bike.

The item is:

a.  packed and crated by the member, and

b.  drained of all petrol and oil.

 

21
Subsection 6.5.26.2

 

Repeal the subsection, substitute:

2.

A member is eligible for a removal of the following.

 

a.

If the residence at the gaining posting location is furnished or partly furnished necessary furniture and effects.

 

b.

If the residence at the gaining posting location is unfurnished all furniture and effects.

22
Section 6.5.29

 

Repeal the section, substitute:

6.5.29   Removal between residences in the posting location – Australia

1.

A member in the situation in an item in Column A of the following table is eligible for the benefit in Column B of the same item.

 

Item

Column A

Member situation

Column B

Benefit

1.

The member is required to vacate any of the following for reasons beyond their control.

a.  Service accommodation.

b.  Accommodation for which rent allowance is payable

Note: Reasons beyond a member's control does not include the breakdown of a relationship.

The member is eligible for a removal of furniture and effects from that accommodation to another residence or to an approved store in the same location.

2.

A member is occupying a Service residence or accommodation for which rent allowance is payable and acquires a suitable own home in the posting location.

Subject to subsection 3, the member is eligible for removal of furniture and effects to that home provided the member is to serve in the posting location for a period of 12 months.

3.

The member meets all the following.

a.  They have been approved to proceed on posting as a member with dependants (unaccompanied).

b.  Their dependant is occupying a Service residence or accommodation for which rent allowance is payable.

c.  They acquire a suitable own home in the dependant’s location.

Subject to subsection 3, the member is eligible for a removal of furniture and effects to that home provided the member's dependant is to remain at the new home for a period of 12 months.

4.

The member meets all the following.

a.  They have an own home in their posting location but are not required to live in it.

b.  They must vacate a Service residence or accommodation for which rent allowance is payable.

c.  The reason for the move is beyond their control.

d.  They subsequently intend to occupy their suitable own home.

Note: Reasons beyond a member's control does not include the breakdown of a relationship.

The member is eligible for a removal of furniture and effects to the following.

a.  To that home.

b.  To an approved store while they wait for vacant possession of their own home and then to that home.

5.

The member must vacate a suitable own home for reasons beyond their control.

The member is eligible for a removal of furniture and effects to an approved store while they await repair of the home or alternative suitable accommodation, and then to that home.

6.

The member is a member with dependants (unaccompanied) who has been granted Commonwealth assistance to remove their dependant to the gaining location

The member is eligible for a removal of furniture and effects to the following.

a.  From the member's accommodation to the new home.

b.  From the dependant’s home in the losing location to the new home.

 

2.

The member is eligible for storage costs if the CDF is satisfied the member needs the storage for reasons beyond their control.

3.

A member is not eligible for assistance for a removal between homes in the posting location if all the following apply.

 

a.

The member sells a home at the posting location.

 

b.

The member buys a new home in the posting location.

 

c.

The member cannot take vacant possession of the new home.

 

d.

The member lives in the old home until they can take vacant possession of the new home.

 

e.

The member is paid rent allowance while they live in the old home.

23
Subsection 6.5.37.2

 

Repeal the subsection, substitute:

2.

A member is eligible for one of the following.

 

a.

If the new residence is furnished — all of the following.

 

 

i.

The removal of the furniture and effects they need and which are not provided at the residence.

 

 

ii.

The storage of the remaining furniture and effects.

 

b.

If the new residence is unfurnished — all of the following.

 

 

i.

The removal of the furniture and effects.

 

 

ii.

The storage of furniture and effects that are not needed and are not able to be housed at the residence.

24
Subsection 6.5.46.3 (table item 4, column C)

 

Omit “column C”, substitute “column D”.

25
Subsection 6.5.46.3 (table item 5, column C)

 

Omit “column C”, substitute “column D”.

26
Subsection 6.5.54.1

 

Repeal the subsection, substitute:

1.

This section applies to a member with dependants who is eligible for a removal under this Determination.

1A.

A member in a situation in an item in Column A of the following table is eligible for the storage benefit in Column B of the same item.

 

Item

Column A

Member situation

Column B

Storage benefit

1.

The member lives out and is eligible for rent allowance.

Storage of the furniture and effects that the CDF is satisfied cannot reasonably be housed in the residence.

2.

The member is eligible for rent allowance but is required to live in.

Storage of their furniture and effects that cannot be housed in their living in accommodation for the period of living-in.

3.

The member is deployed for six months or longer and one of the following apply.

a.  The member chooses to vacate their accommodation.

b.  The member is directed to vacate their living-in accommodation.

If the member has not claimed a loss on a sale for a vehicle or towable item under section 6.2.4 all of the following.

a.  Storage of their furniture and effects until they are rehoused after the deployment.

b.  Commercial storage of a vehicle and towable item that cannot be stored on base, while the member is deployed.

 

1B.

When making a decision under table item 1 the CDF must consider all the following.

 

a.

The size of home that the member's standard housing benefit applies to in working out what items are reasonable to store.

 

b.

Items that are the same as non-portable items in the residence.

27
Subsection 6.5.75.4

 

Repeal the subsection, substitute:

4.

A member who meets the conditions in an item in Column A of the following table when they cease to be a member with dependants for reasons other than the death of their dependants is eligible for the benefit in Column B of the same item.

 

Item

Column A

Condition

Column B

Benefit

1.

The member was occupying a furnished residence with their dependants and has furniture and effects in storage at Commonwealth expense at another location.

Continued storage for another three months.

2.

The member was not accompanied by dependants.

Three months’ storage for items already in storage and for items removed into storage at Commonwealth expense at a location other than the posting location.

 

28
Section 6.5.77

 

Omit “non-Service spouse or”.

29
Section 6.5.78

 

Omit “non-Service spouse or” wherever occurring.

30
Paragraph 6.5.78.3.b (table item 3, column headed “Option”)

 

Omit “spouse or”.

31
Subsection 6.5.79.1

 

Omit “non-Service spouse or”.

32
Subsection 6.5.79.5

 

Omit “non-Service spouse’s or”.

33
Subsection 6.5.80.1

 

Omit “non-Service spouse’s or”.

34
Subsection 6.5.80.2

 

Omit “non-Service spouse or”.

35
Section 6.5.81

 

Repeal the section, substitute:

6.5.81    Time limit for removal

 

The non-Service partner must complete their removal by the later of the following days.

 

a.

12 months from the day they become eligible for a removal under subsection 6.5.78.1.

 

b.

A day that the CDF is satisfied is reasonable.

36
Section 6.5.82

 

Repeal the section, substitute:

6.5.82    Private arrangements for removal

 

A non-Service partner who makes private arrangements for a removal of their furniture and effects is eligible for one of the following.

 

a.

If the private arrangements are urgent — reimbursement of the costs that the CDF considers reasonable.

 

b.

If the private arrangements are not urgent — reimbursement of the costs up to the amount a member would be eligible for under subsection 6.5.16.1.

37
Section 6.5.83

 

Repeal the section, substitute:

6.5.83    Hire of household items

 

A non-Service partner is eligible for to be reimbursed of the cost of hiring replacement household items up to the amount a member would be eligible for under section 6.5.13.

38
After section 7.1.1

 

Insert:

7.1.2    Definitions

 

In this Chapter the following apply.

 

HPAS means the home purchase assistance scheme.

 

HPSEA means the home purchase or sale expenses allowance.

39
Subsection 7.2.5.4

 

Repeal the subsection, substitute:

4.

A suitable own home includes any of the following.

 

a.

A home for which the member has received assistance under HPAS.

 

b.

A home for which the member has received HPSEA.

 

c.

A home that the member lives in at the posting location and has a real or equitable interest that is not an equal or controlling interest.

40
Subsection 7.2.6.1

 

Repeal the subsection, substitute:

1.

Despite section 7.2.5, this section applies to a member who buys a home using any of the following.

 

a.

HPAS.

 

b.

HPSEA.

 

c.

A Defence Service Home Loan.

 

d.

Defence Home Owner Scheme.

 

e.

Defence Home Ownership Assistance Scheme.

41
Paragraph 7.3.1.1.a

 

Omit “the home purchase assistance scheme (HPAS)”, substitute “HPAS”.

42
Paragraph 7.3.1.1.b

 

Omit “the home purchase or sale expenses allowance (HPSEA)”, substitute “HPSEA”.

43
Section 7.3.7 (table item 1, column headed “then the eligibility is located…”)

 

Omit “dependents live”, substitute “dependants live”.

44
Section 7.3.8

 

Omit “the home purchase assistance scheme (HPAS)”, substitute “HPAS”.

45
Section 7.3.13

 

Repeal the section, substitute:

7.3.13    When the home must be occupied

 

If a situation in an item in Column A of the following table applies — a home must be occupied by an eligible person within the specified time period in Column B of the same item.

 

Item

Column A

Member’s situation

Column B

Specified time period

1.

They have signed a contract for a home to be built.

Within the earlier of the following two periods.

a.  One month after the day it is ready for occupation.

b.  12 months after the member signs the contract.

2.

They begin to build a home as an owner-builder.

Within the earlier of the following two periods.

a.  One month after the day it is ready for occupation.

b.  12 months after the member begins to build it.

3.

They purchase a home in the new location after official written notice of the posting is issued and before they begin duty there.

Within one month after the earlier of these two dates.

a.  The day the member begins duty in the new location.

b.  The date of settlement of the contract to purchase the home.

4.

They purchase a home in any other circumstance.

Within one month after the date of settlement of the contract to purchase the home.

 

46
Subsection 7.3.16.1

 

Omit “home purchase or sale expenses allowance (HPSEA)”, substitute “HPSEA”.

47
Subsection 7.3.16.2

 

Omit “the home purchase assistance scheme (HPAS)”, substitute “HPAS”.

48
Subsection 7.3.22.2

 

Repeal the subsection.

49
Subsection 7.3.22.3

 

Repeal the subsection.

50
Section 7.3.26

 

Omit “home purchase or sale expenses allowance (HPSEA)”, substitute “HPSEA”.

51
Subsection 7.3.29.2

 

Repeal the subsection, substitute:

2.

If subsection 1 applies, the member is to be reimbursed for a cost listed in section 7.3.31 in relation any of the following of the following.

 

a.

Selling the home in the second location.

 

b.

Subject to subsection 3, selling the home in the first location and purchasing the home in the second location.

3.

For the purpose of paragraph 2.b the member is not eligible for the reimbursement if they do any of the following after they receive written notice they are posting back to the first location.

 

a.

The member signs the contract for selling or purchasing.

 

b.

The member incurs costs as a consequence of signing the contract for selling or purchasing the home.

52
Subsection 7.3.31.1

 

Repeal the subsection, substitute:

1.

A member who incurs a cost listed in an item in column A of the following table is eligible to be reimbursed up to the amount in Column B of the same item.

 

Item

Column A

Member costs

Column B

Reimbursement

1.

Professional fees and disbursements for the purchase or sale.

The amount generally charged by a solicitor or land broker in the state or territory where the home is located.

2.

Professional fees and disbursements for a related mortgage or discharge of a related mortgage, including an amount of professional fees and disbursements incurred by the mortgagee.

The amount generally charged by a solicitor or land broker in the state or territory where the home is located.

3.

Items 1 or 2 above if they did not engage a solicitor or land broker. This does not include any procurement fee paid to negotiate the mortgage.

Reasonable costs.

4.

An agent’s commission to purchase the home on behalf of the eligible person.

The amount generally charged by an agent in the state or territory where the home is located.

5.

Commission, fees or advertising expenses of an agent or auctioneer who is engaged to sell the home and sells it.

The amount generally charged by an agent or auctioneer in the state or territory where the home is located.

6.

The costs of advertising the home for sale if the eligible person did not engage an agent or auctioneer to sell it.

10% of the amount generally charged for such a sale by an agent in the state or territory where the home is located.

7.

An amount paid to a mortgagee in addition to the principal sum and interest due under the mortgage for early discharge of mortgage on the sale.

An amount equal to six months’ interest at the rate payable on the date of the discharge of the mortgage.

8.

An amount a mortgagee requires the eligible person to pay for mortgage insurance for the purchase.

The amount a mortgagee requires the eligible person to pay for mortgage insurance for a loan amount up to and including the purchase price of the home.

9.

An amount of government duties or fees for the purchase or sale, or related mortgage or discharge of mortgage.

The amount generally charged by a government authority in the state or territory where the home is located.

 

53
After Chapter 7 Part 5 (heading)

 

Insert:

Division 1: General provisions

54
Section 7.5.1

 

Repeal the section, substitute:

7.5.1    Purpose

 

Temporary accommodation allowance assists a member or a person in their household who must live in temporary accommodation by assisting with accommodation and certain other costs.

55
Chapter 7 Part 5 Division 1 (heading)

 

Repeal the heading.

56
Section 7.5.5

 

Repeal the section.

57
Subsection 7.5.22.2

 

Repeal the subsection, substitute:

2.

A person is eligible for accommodation assistance under section 7.5.7 at a hotel or serviced apartment subject to the following.

 

a.

The type of accommodation provided must be suited to the needs of any eligible persons.

 

b.

The cost of the accommodation for all persons must not be more than the total of the rate in Annex 9.5.A Part 1 Column C for the location.

2A.

Despite subsection 1, a person is eligible for a higher rate of accommodation cost if the CDF approves it, having regard to the following.

 

a.

The number of persons who need accommodation.

 

b.

The availability of accommodation at short notice.

2B.

A person is eligible to be reimbursed for meal costs if the CDF is satisfied the person does not have money for food.

2C.

A benefit under subsection 2B does not include the costs of alcohol or items from a minbar.

 

Note: The rates under section 7.5.24 are the maximum that may be paid for each meal.

58
Paragraph 7.6.34.2.c

 

Repeal the paragraph, substitute:

 

c.

The home and grounds are unsuitable for the member’s pet and all the following apply.

 

 

i.

The member’s pet is domestic and not owned for business or commercial purposes.

 

 

ii.

The member’s pet is able to be kept at the location without breaking any relevant laws or body corporate rules.

5.90
Section 7.6.42

 

Repeal the section, substitute:

7.6.42   Suspended contributions for a member without dependants

 

A member without dependants occupying a surplus Service residence in a situation set out in an item in Column A of the following table is not required to make a contribution towards the cost of the home from the day set out in Column B of the same item until the day set out in Column C of the same item.

 

Item

Column A

Member situation

Column B

Day contributions ceases

Column C

Day contribution recommences

1.

The member is living under field conditions.

The twenty-second day of a continuous period in which the member was living under those conditions.

This applies even if the period after that day is broken by either or both of the following events.

a.  The member returns to their accommodation for up to seven days.

b.  The member takes up to seven days of leave.

The day after the period in which the member was living under those conditions is broken by more than seven days, provided the member contributes for those seven days.

2.

The member is living on a seagoing ship.

The twenty-second day of a continuous period in which the member was living under those conditions.

This applies even if the period after that day is broken by either or both of the following events.

a.  The member returns to their accommodation for up to seven days.

b.  The member takes up to seven days of leave.

The day after the period in which the member was living under those conditions is broken by more than seven days, provided the member contributes for those seven days.

3.

The member is posted to a seagoing submarine.

The day the posting period starts.

The day the posting period ends.

4.

The member is on deployment.

 

The day they board a ship or aircraft for the journey from Australia to the operational area.

The day they disembark in Australia at the cessation of their deployment.

Contributions do not recommence for a member who returns part-way through their deployment, for example, while on leave. They only recommence at the cessation of their deployment.

 

60
Subsection 7.6.54.3

 

Repeal the subsection, substitute:

3.

Despite subsection 2, no contribution is payable by either member if one of the members occupies a suitable own home.

61
Subsection 7.7.7.1

 

Repeal the subsection, substitute:

1.

A member who is eligible for accommodation under this Part may share the accommodation with a maximum of one additional member if approved by the CDF.

62
Subparagraph 7.7.8.2.a.i

 

Repeal the subparagraph, substitute:

 

 

i.

Obtain CDF approval for the dependants to live in the accommodation.

63
Section 7.8.3

 

Omit “DHA” wherever occurring, substitute “Defence Housing Australia”.

64
Subsection 7.8.24.3

 

Repeal the subsection, substitute:

3.

Despite subsection 2, no contribution is payable by either member if one of the members occupies a suitable own home.

65
Subsection 7.10.5.1

 

Repeal the subsection, substitute:

1.

A member is eligible to be reimbursed utility costs if they are away from their home for up to 1 month and they meet one of the following conditions.

 

a.

The member is away on paid leave or temporary duty.

 

b.

The member is away because they are in one of the following places.

 

 

i.

Hospital.

 

 

ii.

Prison, or the member is detained another way under the Defence Force Discipline Act 1982.

 

 

iii

Living in temporarily for Service reasons.

 

Note: Section 7.10.3 limits the application of this section.

66
Paragraph 8.6.12.1.b

 

Omit “section 8.6.10”, substitute “section 8.6.9”.

67
Chapter 8 Part 9 (heading)

 

Omit “National”.

68
Section 8.9.1

 

Omit “national”.

69
Section 8.9.2 (definition of Family health program)

 

Repeal the definition.

70
Section 8.9.2

 

Insert:

 

Family health program means the ADF family health program.

71
Paragraph 14.4.11.3.c

 

Omit “position”, substitute “posting”.

Schedule 2—Deeming provision amendments

Defence Determination 2016/19, Conditions of service

1
Section 3.2.14

 

Repeal the section, substitute:

3.2.14   Reserve member attending for duty in special circumstances

1.

This section applies to a member on Reserve service.

2.

A member is taken to be required and attending for duty if the CDF is satisfied that the member meets all the following.

 

a.

One of the following applies.

 

 

i.

They are recuperating following a period of intense activity associated with an exercise, operation or deployment.

 

 

ii.

They are required to be away from their home location over a weekend, public holiday or rostered day off in order to perform duties during the days immediately before or after.

 

b.

The member is not being paid for performing a duty for another employer.

3.

The member is eligible for remuneration at their daily rate of salary payable for each day the member meets the conditions in paragraph 2.a.

4.

If a Chaplain or Maritime Spiritual Wellbeing Officer has been rostered on a Notification Team by any of the following, they are required and attending for duty from the first day to the last day of each period they are rostered on.

 

 

a.

For a member of the Navy — Director General Chaplain – Navy.

 

 

b.

For a member of the Army — Principal Chaplain – Army.

 

 

c.

For a member of the Air Force — Director General Personnel – Air Force.

 

2
Section 3.2.15

 

 

Repeal the section, substitute:

 

3.2.15    Reserve Assistance Program attendance

 

A member of the Reserves who attends a session under the Reserve Assistance Program is taken to be required and attending for duty for the period of the session if all the following are met.

 

a.

The member counts their attendance time against the days of duty approved in their annual training commitment.

 

b.

The session is the member's first session to discuss an issue.

 

c.

The session and associated travel time are counted against the member's limits in section 8.10.3.

 

Note: Under this section, a member who attends a session must meet the specified time periods set out in DFRT Determination No. 2 of 2017, Salaries, section A.1.5 and subsection B.3.4.4, to receive salary.

3
Subsection 3.2.26.6

 

Repeal the subsection.

4
Section 3.2.45

 

Repeal the section, substitute:

3.2.45    Dental levels – dental officer

1.

A dental officer is placed in a higher dental level if the CDF is satisfied it is reasonable after considering the member’s relevant experience, qualifications and skills.

2.

A dental officer may only advance to a higher dental level if the CDF is satisfied that the officer meets the requirements for that dental level.

5
Subsection 3.2.47.3

 

Repeal the subsection.

6
Section 4.4.13

 

Repeal the section, substitute:

4.4.13    Payment when not on duty

1.

This section applies to a member to whom any of the following apply during or immediately after the end of a period of duty at a remote location.

 

a.

They take a period of recreation leave, including any period of travelling leave.

 

b.

They are absent from duty for illness.

 

c.

They are hospitalised.

 

d.

They are unable to use the number of recreation leave credits they accrued in the remote location for Service reasons.

2.

The member is eligible for ADF district allowance for one of the following periods.

 

a.

If paragraph 1.a applies — the period of recreation leave up to what the member accrued for service in the remote location.

 

b.

If paragraph 1.b or c applies — the period of absence or hospitalisation.

 

c.

If paragraph 1.d applies — the period that is equal to the leave they accrued in the remote location but did not take while at the remote location.

3.

If subparagraph 2.c applies, the member may be paid a lump sum.

7
At the end of section 4.4.35

 

Add:

4.

This section does not apply to Antarctic parity allowance under Division 8.

8
Section 4.4.40

 

Repeal the section, substitute:

4.4.40    Eligibility for allowance

1.

A member is eligible for Antarctic parity allowance during the same period they are eligible for Antarctic allowance under section 4.4.32.

2.

Antarctic parity allowance is equal to the difference between the APS amount and the ADF amount payable in a pay period.

9
Section 4.4.41

 

Repeal the section.

10
Section 4.9.13

 

Repeal the section, substitute:

4.9.13    Preservation of eligibility on transfer

 

A member is eligible for a bonus under this Division if they meet all of the following.

 

a.

They have been transferred from the Ground Defence Reserve Group (Operations) before the day the bonus would have been paid without a break in their continuity of service.

 

b.

They are a member of the ADF on the day the bonus would have been paid.

 

c.

They meet the eligibility conditions in section 4.9.11.

11
Subsection 5.4.38.3

 

Repeal the subsection, substitute:

3.

If the member is given fewer recreation leave credits by the body than what they would have been eligible for under this Part, they are eligible for additional recreation leave credits equal to the difference between the following.

 

a.

The amount the body gives them.

 

b.

The amount Defence gives them under this Part.

 

Schedule 3—Chapter 6 definitions amendments

Defence Determination 2016/19, Conditions of service

1
Section 6.1A.2

 

Repeal the section, substitute:

6.1A.2    Definitions

 

In this Chapter the following apply.

 

ADF gap year means a program on which a member, including a member of the Reserves, provides continuous full-time service in SERVOP G.

 

Breakdown of a relationship means a relationship that has irretrievably broken down.

 

Essential household item means an item that meets all the following.

 

a.

The absence of the item for more than 72 hours would unduly inconvenience the member or their dependants.

 

b.

The item is in everyday use in the normal household.

 

c.

The member does not have an alternative item in their inventory.

 

Furniture and effects means portable household items ordinarily used for domestic purposes and convenience.

 

Non-portable item means an item that cannot be carried by two people and would require additional equipment, such as a crane or a forklift, to move it.

 

Private vehicle means a motor vehicle that is registered in the name of a member or their dependant.

 

Suitable own home has the same meaning given by section 7.2.5.

 

Towable item means a caravan or trailer that is registered in the name of a member or their dependant, is roadworthy and is capable of being towed by the member's private vehicle.

2
Subparagraph 6.5.5.1.g.i

 

Omit “7.1.16A.2”, substitute “7.1.17.2”.

3
Subparagraph 6.5.5.1.h.i

 

Omit “7.1.16B.2”, substitute “7.1.15.2”.

4
Subsection 6.5.28.1

 

Repeal the subsection.

5
Subsection 6.5.29.1 (table)

 

Omit “marriage or partnership” wherever occurring, substitute “relationship”.

6
Subsection 6.5.46.2

 

Omit “‘subsidised accommodation’”, substitute “subsidised accommodation”.

7
Section 6.5.76

 

Repeal the section, substitute:

6.5.76    Purpose

 

This Division sets out removal and storage benefits for a non-Service partner when their relationship with a member posted in Australia breaks down.

8
Section 6.5.77

 

Omit “non-Service spouse or”.

9
Section 6.5.78

 

Omit “non-Service spouse or” wherever occurring.

10
Subsection 6.5.79.1

 

Omit “non-Service spouse or”.

11
Subsection 6.5.79.5

 

Omit “non-Service spouse’s or”.

12
Subsection 6.5.80.2

 

Omit “non-Service spouse or”.

13
Section 6.5.81

 

Omit “non-Service spouse or”.

14
Section 6.5.81

 

Omit “marriage breakdown”, substitute “breakdown of a relationship”.

15
Section 6.5.82

 

Omit “non-Service spouse or” wherever occurring.

16
Section 6.5.83

 

Omit “non-Service spouse or”.

 


 

Schedule 4—Chapter 7 definitions amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 1.3.55.1.d

 

Repeal the paragraph, substitute:

 

d.

An area under paragraph a. that has been extended for the purposes of any of the following.

 

 

i.

The flexible housing trial under section 7.1.15.

Note: The basis for extending the posting location for a member in the flexible housing trial is provided in section 7.1.15.

 

 

ii.

The Puckapunyal housing trial under section 7.1.17.

Note: The basis for extending the posting location for a member in the Puckapunyal housing trial is provided in section 7.1.17.

2
Chapter 7 Part 1 Division 3

 

Repeal the Division, substitute:

Division 3: Definitions and key concepts

7.1.14    Definitions

 

In this Chapter the following apply.

 

Agent means a person or organisation who is doing one of the following.

 

a.

Conducting business as a real estate agent who is registered or licensed if that is required by the law of the state or territory where they do business.

 

b.

Acting on behalf of an eligible person for the mortgage, purchase or sale of a home.

 

Contribution means the amount a member pays towards the cost of housing, meals and utilities.

 

Hotel includes a motel, boarding house or similar accommodation, and does not include a serviced apartment.

 

Incomplete cycle for a member who does not complete their cycle means the part of the member’s cycle that has been completed.

 

Land broker or conveyancer means a person licensed or authorised under the law of a state or territory to transact business relating to the registration of titles to land.

 

Member’s cycle means the repetitive pattern in the member’s flexible service determination that consists of the pattern of service and nonworking periods.

 

Own home means a home that the member or their dependant holds an interest in as the owner of the home.

 

Ownership of a home includes when a member or their dependant holds a legal or equitable controlling interest or equal share through a company, trust, partnership or joint venture.

 

Posting location has the same meaning given in section 1.3.55, as modified by section 7.1.16.

 

Puckapunyal housing trial member has the same meaning given by section 7.1.17.

 

Rank group means a group of ranks that includes a member's rank.

 

Rent means a charge for a home for which rent allowance is payable and includes both the following.

 

a.

A charge for a garage at the home.

 

b.

A charge for rental of furniture or household appliances for the home.

 

Rent ceiling means an amount that is the maximum fortnightly rent that can be used to work out a member's rent allowance as set out under Part 8 Division 2.

 

Resident child carer means a person who has not been recognised as a dependent under this Determination and who is living with the member's family for the purpose of providing child care for the member's dependent children.

 

Sale of a home means an eligible person has signed a contract to sell the home.

 

Service residence means a home provided by the Commonwealth.

 

Serviced apartment means accommodation that the CDF is satisfied is a serviced apartment after considering all the following.

 

a.

Whether it has facilities that are similar to those generally available in an apartment or flat.

 

b.

The level of services provided.

 

c.

The level of cooking and dining facilities.

 

Suitable accommodation has the same meaning given by section 7.1.17A.

 

Note: Section 7.5.2 provides different definition of Suitable accommodation for the purpose of Chapter 7 Part 5.

 

Utilities means the public supply, or equivalent private supply, of any of the following.

 

a.

Water.

 

b.

Electricity.

 

c.

Gas.

 

d.

Garbage and sewage disposal.

 

Utility connection deposit means a deposit required before water, gas or electricity services can be supplied to a home.

7.1.15    Flexible housing trial member

1.

A member is a flexible housing trial member if the member is posted to one of the following and the member’s posting location has been extended under subsection 2.

 

a.

A resident command unit within one of the following establishments.

 

 

i.

HMAS Cerberus.

 

 

ii.

HMAS Stirling.

 

 

iii.

Kokoda Barracks.

 

 

iv.

Lone Pine Barracks.

 

 

v.

RAAF Base Amberley.

 

b.

A HMA ship or submarine that is home ported at Fleet Base West.

2.

A member is eligible to have their posting location under paragraph 1.3.55.1.a extended if the CDF is satisfied of all the following.

 

a.

The member will continue to commute to their normal place of duty.

 

b.

The member’s daily attendance for duty will not be affected by the additional travel.

 

c.

The purpose of extending the posting location is to facilitate any of the following.

 

 

i.

The member's partner is undertaking employment, other than home based employment.

 

 

ii.

The member is returning from a long-term posting overseas and the member's partner is seeking employment, other than home based employment.

 

 

iii.

The member's partner is undertaking a period of study on a face-to face basis.

 

 

iv.

If the member has a dependant with special needs — access to professional services for that dependant.

 

d.

The trial will not exceed the maximum number of trial participants for the posting location.

3.

The CDF must not approve an extension of a member’s posting location under subsection 2 after 31 December 2023.

7.1.16    Posting location

 

Despite section 1.3.55, for the purpose of this Chapter, the posting location of a person in a situation in an item in Column A of the following table is the location in Column B of the same item.

 

Item

Column A

Situation

Column B

Posting location

1.

A former member who re-joins the ADF.

Where they lived just before they rejoined the ADF.

2.

A member with dependants who meets all the following.

a.  They are undergoing initial training.

b.  They are not eligible for a removal.

Where the dependants lived immediately before the member joined the ADF.

3.

A member with dependants (unaccompanied) who meets all the following.

a.  The member was recruited from overseas.

b.  The member's dependants' first Australian home is not in the member's first posting location.

The location of the member's dependants' first Australian home.

4.

A member with dependants who is deployed for 6 months or longer.

One of the following.

a.  Where the dependants were last removed before the deployment.

b.  Where the dependants are given a removal to for extended family support.

5.

A member with dependants who meets all the following.

a.  They are eligible for rent allowance.

b.  They are notified of a posting to take effect within the same calendar year.

c.  They go on posting unaccompanied.

d.  Their dependants continue to live in the rented home in the losing location.

Where their dependants live until the end of the calendar year.

6.

A member with dependants (unaccompanied) who is posted away from their dependants' home.

Where their dependants live until the member stops being a member with dependants (unaccompanied).

7.

A member with dependants (unaccompanied) who has dependants who live in a personal location for which housing assistance benefits are not provided.

The location where the member is posted.

8.

A member with dependants (unaccompanied) who has dependants who live in a personal location for which housing assistance benefits are provided.

The location where the member is posted.

9.

A member with dependants or a member without dependants who is posted to a seagoing ship or a seagoing submarine.

The location they are given a removal to under section 6.5.36.

10.

A member with or without dependants who is posted to a location in a greater area approved by the CDF under paragraph 1.3.55.1.b.

Whichever of the following has the lower rent ceiling.

a.  The location where they live.

b.  The location with the highest rent ceiling where they could live if they lived within the posting location.

 

7.1.17    Puckapunyal housing trial member

1.

A member is participating in the Puckapunyal housing trial if the CDF has approved an extension of their posting location under subsection 2.

Note: The standard rules that apply in relation to housing assistance apply to members participating in the Puckapunyal housing trial.

2.

The CDF may extend the posting location described in paragraph 1.3.55.1.a for a member if satisfied of the following.

 

a.

The member is posted to the Puckapunyal Military Area.

 

b.

The member's daily attendance for duty would not be affected by any additional travel.

 

c.

The member commutes daily to their normal place of duty.

 

d.

The purpose of extending the posting location is to facilitate one of the following.

 

i.

The member's partner undertaking employment, other than home based employment.

 

ii.

The member is returning from a long-term posting overseas and the member's partner seeking employment, other than home based employment.

 

iii.

The member's partner undertaking a period of study on a face-to face basis.

 

iv.

If the member has a dependant with special needs — access to professional services for that dependant.

3.

The Puckapunyal housing trial ceases on 31 December 2023.

7.1.17A    Suitable accommodation

1.

Suitable accommodation means accommodation that meets all the following.

 

a.

It is in the member's posting location.

 

b.

It can accommodate the member and any dependants.

 

c.

If it is not a rented home or own home — it has the rent band that applies to the member under section 7.6.13

 

d.

It is available within a reasonable time.

2.

A member in the situation in an item in Column A of the following table is eligible for suitable accommodation set out in Column B of the same item.

 

Item

Column A

Member situation

Column B

Suitable accommodation

1.

The member is a member with dependants.

Any of the following.

a.  The member’s suitable own home.

b.  A suitable Service residence.

c.  A home for which rent allowance is payable.

2.

The member is a member with dependants (unaccompanied).

a.  For the member, any of the following.

i. Suitable living-in accommodation.

ii. A rented home for which rent allowance is payable.

iii. A surplus Service residence.

iv. Accommodation provided under Part 7.

v. An appointment, tied or assigned Service residence under Part 6 Division 6.

b.  For the member's dependants the accommodation that was approved as suitable for them to live in at the losing location.

3.

The member meets all the following.

a.   They are a member with dependants (unaccompanied).

b.  They have dependants at a personal location for which housing assistance benefits are not provided.

Any of the following.

a.   Suitable living-in accommodation.

b.  A rented home for which rent allowance is payable.

c.   A surplus Service residence.

d.  Accommodation provided under Part 7.

4.

The member is a member without dependants.

Any of the following.

a.  The member’s suitable own home.

b.  Suitable living-in accommodation.

c.  A rented home for which rent allowance is payable.

d.  A surplus Service residence.

e.  Accommodation provided under Part 7.

f.   An appointment, tied or assigned Service residence under Part 6 Division 6.

 

3
Section 7.3.6

 

Repeal the section, substitute:

7.3.4    Definitions

 

In this Part the following apply.

 

Eligible person means a member or their dependant.

 

Eligible sale means the sale of a home under Chapter 7 Part 3 Division 2.

 

Home means a dwelling in Australia.

 

Posting means a posting that a Service authority expects to last at least 12 months.

4
Section 7.3.9

 

Repeal the section.

5
Section 7.3.10

 

Repeal the section.

6
Section 7.3.11 (heading)

 

Omit “7.3.11”, substitute “7.3.9”

7
Section 7.3.11 (heading)

 

Omit “– definition”.

8
Section 7.3.12 (heading)

 

Omit “7.3.12”, substitute “7.3.10”

9
Paragraph 7.3.12.1.a

 

Repeal the paragraph.

10
After section 7.3.12

 

Insert:

7.3.11    Member the Division does not apply to

 

This Division does not apply to a member who has received one of the following.

 

a.

HPAS on or after 1 July 2000.

 

b.

HPSEA for a first home on or before 30 June 2000.

7.3.12    Purchase of land

 

This Division does not apply to the purchase of land that does not have a home on it.

11
Section 7.3.18

 

Repeal the section.

12
Paragraph 7.3.19.c

 

Repeal the paragraph, substitute:

 

c.

The member’s last reimbursement was for the expenses of purchasing a home.

13
Paragraph 7.3.20.c

 

Repeal the paragraph, substitute:

 

c.

The member’s last reimbursement was for the expenses of selling a home.

14
Paragraph 7.3.30.c

 

Repeal the paragraph, substitute:

 

c.

The member’s last reimbursement was for the expenses of purchasing a home.

15
After subsection 7.3.31.3

 

Insert:

4.

In this section auctioneer means a person conducting business as an auctioneer who is registered or licensed, as required by the law of the state or territory where they do business.

5.

In this section professional fees and disbursements means fees that meet all the following.

 

a.

They are fees for work performed by a solicitor, land broker or conveyancer relating to a sale or purchase and related disbursements that include any of the following.

 

 

i.

Fees for a valuation, pest inspection, building inspection, survey or similar.

 

 

ii.

Fees that are be incurred by the solicitor, land broker or conveyancer on the member's or eligible person's behalf.

 

 

iii.

Mandatory fees imposed by relevant State or local authorities

 

b.

They are not fees for arranging or negotiating a mortgage.

16
Subsection 7.4.2.1

 

Omit “Defence”, substitute “the Department of Defence”.

17
Section 7.4.4

 

Repeal the section, substitute:

7.4.3    Definitions

 

In this Part the following apply.

 

Accommodation manager means a person responsible for managing living-in accommodation on behalf of the Department of Defence.

 

Common areas means areas inside and outside of the accommodation buildings which can be used or accessed any member occupying the accommodation building.

 

Fair wear and tear means the normal deterioration of an element of the room or building due to the ageing process and use.

 

Key includes an access card or a keypad access code.

 

Non-fair wear and tear means the faster deterioration of an element of the room or building caused by neglect or mistreatment.

 

Nuship means a Navy ship not yet commissioned into naval service.

 

On-board member means a member who chooses not to keep on-shore accommodation at the ship’s home port or refitting port.

 

Service property has the meaning given in the Defence Force Discipline Act 1982.

 

Shore member means a member who keeps on-shore accommodation at the ship’s home port or refitting port.

18
Subsection 7.4.5.2

 

Omit “the contracted service provider that manages the accommodation that is subject to the licence”, substitute “Defence Housing Australia”.

19
Paragraph 7.4.31.2.a

 

Omit “reimburse Defence”, substitute “pay the amount”.

20
Section 7.4.39

 

Repeal the section.

21
Paragraph 7.4.48.1.b

 

Repeal the paragraph, substitute:

 

b.

The CDF is satisfied the ship or nuship is temporarily unfit for a member to live in after considering the following.

 

 

i.

Environment.

 

 

ii.

Maintenance.

 

 

iii.

Crew comfort.

 

 

iv.

If there are galley facilities for catering on the ship or nuship.

22
Section 7.5.2

 

Repeal the section, substitute:

7.5.2    Definitions

 

In this Part the following apply.

 

Accommodation means any of the following.

 

a.

A Service residence.

 

b.

A suitable own home.

 

c.

A home for which rent allowance is payable.

 

d.

Accommodation provided under Part 7.

 

Suitable accommodation means accommodation that has enough furniture and effects for a member and any dependants to live in it on a normal domestic basis.

23
Section 7.5.21

 

Repeal the section, substitute:

7.5.21    Rate of allowance – hotel or serviced apartment

1.

This section applies to a member in temporary accommodation that is a hotel or serviced apartment other than any of the following.

 

a.

The member is occupying the accommodation under section 7.5.7.

 

b.

The member and their dependant are required to isolate in a place specified by State or Territory authorities that is not the member’s usual residence.

2.

The rate of temporary accommodation allowance is worked out using the following formula.

 

 

A

is accommodation cost.

 

B

is meals amount.

 

C

is laundry costs.

 

D

is the member’s rate of contribution payable under section 7.5.29.

3.

In this section the following apply.

 

Accommodation cost means the cost of temporary accommodation for the member and any dependants.

 

Laundry costs means following costs of the member and any dependants.

 

a.

If the member’s accommodation has no free laundry facilities — laundromat costs.

 

b.

If a laundromat is not reasonably available — commercial dry cleaning costs.

 

Meals amount means the amount set out in 7.5.24 for a member occupying a hotel or serviced apartment.

24
Section 7.6.3

 

Repeal the section, substitute:

7.6.3    Definitions

 

In this Part the following apply.

 

Allocate means a home that is allocated under this Part is a home which Defence Housing Australia makes available as a reasonable offer of a Service residence.

 

Defence establishment means a Commonwealth site managed by the Department of Defence.

 

Market rent means rent based on the assessed value of the Service residence.

 

Market-rent-based classification means the system for classifying a Service residence based on a combination of the minimum housing standard and market rent.

 

Suitable Service residence has the same meaning given in section 7.6.4.

 

Surplus Service residence means those Service residences that are surplus to Defence Housing Australia's needs and meet both the following.

 

a.

No member with dependants needs the residence.

 

b.

There is no plan for a member with dependants to use the residence in the next 12 months.

25
Subparagraph 7.6.4.1.b.i

 

Omit “subsection 7.1.16A”, substitute “section 7.1.17”.

26
After subsection 7.6.33.5

 

Insert:

6.

In this section, waiting list means a list of members who meet all the following.

 

a.

They are eligible for a Service residence.

 

b.

They have been identified as needing a Service residence.

 

c.

They do not have a Service residence.

27
Paragraph 7.6.34.2.f

 

Repeal the paragraph, substitute:

 

f.

The member is one of the following and the home is not suitable for the purpose for which their posting location was extended under section 7.1.15 or section 7.1.17.

 

 

i.

A flexible housing trial member under section 7.1.15.

 

 

ii.

A Puckapunyal housing trial member under section 7.1.17.

28
Section 7.7.3

 

Repeal the section, substitute:

7.7.3    Definitions

 

In this Part the following apply.

 

Defence Housing Australia decision-maker means any of the following Defence Housing Australia employees who are able to act as decision-makers under this Part.

 

a.

Team Leader in the Housing Management Centre (HMC).

 

b.

Defence Housing Australia Regional Director.

 

c.

National Operations – Allocations Manager.

 

d.

Defence Housing Australia Housing Consultant.

 

Rent ceiling has the same meaning given in section 7.8.10.

29
Section 7.10.2

 

Repeal the section.

 

Schedule 5—Clothing or personal effects amendments

Defence Determination 2016/19, Conditions of service

1
Chapter 10 Part 4

 

Repeal the Part, substitute:

Part 4: Loss or damage to clothing or personal effects

10.4.1    Purpose

 

This Part provides a payment to a member for loss or damage to their clothing or personal effects that is directly related to their service.

10.4.2    Payment for loss or damage

1.

Subject to subsection 2, a member is eligible for a payment for loss or damage to clothing or personal effects directly related to their service if the CDF is satisfied of all of the following.

 

a.

The payment is reasonable.

 

b.

The member took reasonable steps to avoid the loss or damage to the clothing or personal effects.

2.

A member is not eligible for payment under subsection 1 if any of the following apply.

 

a.

The member’s clothing or personal effects were lost or damaged while the member was on leave, or during their return from leave.

 

b.

The member is eligible for an amount for the loss or damage of the clothing or personal effects under Chapter 14 Part 6 Division 3.

 

c.

The member’s clothing or personal effects have been, or will be, repaired or replaced by Defence.

10.4.3    Amount of payment

1.

The payment under section 10.4.2 is an amount set by the CDF having regard to all the following.

 

a.

The value of the item at the time of the loss or damage.

 

b.

The degree in which the member contributed to the extent of the loss or damage.

 

c.

Any other amount paid or payable for damages, compensation or under a contract of insurance.

 

d.

The cost of repairs.

2.

If a member is paid an amount under this Part and recovers an amount for the loss or damage elsewhere, the member must repay the benefit up to the lesser of the following.

 

a.

The recovered amount.

 

b.

The amount of the payment.

Schedule 6—Exceptions amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 14.2.7.3

 

Omit “use the approved form”, substitute “must enter into a deed using the approved form”.

2
Section 14.2.9

 

Repeal the section.

3
Subsection 14.4.5.3 (exception)

 

Repeal the exception.

4
Paragraph 14.4.6.2.a

 

Repeal the paragraph, substitute:

 

a.

For the portion of the journey that is overseas the following.

 

 

i.

For a dependant less than 12 years old — two-thirds of the cost limits for travel to or from the posting location under Chapter 13 Part 3.

 

 

ii.

For a member or a dependant 12 years or older — the same cost limits for travel to or from the posting location under Chapter 13 Part 3.

5
Subsection 14.4.8.1

 

Repeal the subsection, substitute:

1.

A member is eligible for travel costs under section 14.4.5 by a route that is approved by Director Defence Print and Travel Services if all the following have been met.

 

a.

The approval is given before the member or dependant books the travel.

 

b.

The travel is not a holiday package.

 

 

Schedule 7—Overseas amendments

Defence Determination 2016/19, Conditions of service

1
Annex 12.3.B

 

After table item 24A, insert

 

24B.

LATVIA

Riga

 

2
Annex 15.6.B

 

Repeal table item 3, substitute:

 

3.

China

Canadian International School of Beijing

Imagine China

Kidtopia Children’s Museum

Mammolina Children’s Home Model Montessori Kindergarten

That's Mandarin

 

3
Annex 16.B

 

After table item 26, insert:

 

26A.

Latvia

24

Capital city (1)

London (2)

6

Yes

C

Schedule 8—Education assistance amendments

Defence Determination 2016/19, Conditions of service

1
After subsection 15.6.11.2

 

Insert:

3.

If a member's child will not complete a full academic year due to service reasons, the member’s annual contribution under subsection 2 is calculated using the following formula.

 

 

Where:

 

A

is the number of days the child will attend the school for the academic year.

 

B

is the annual contribution the member must pay for the child under subsection 2.

 

C

is the number of school days in the academic year.

2
After subsection 15.6.26.3

 

Insert:

4.

If a member's child will not complete a full academic year due to service reasons, the member’s annual contribution under subsection 3 is calculated using the following formula.

 

 

Where:

 

A

is the number of days the child will attend the school for the academic year.

 

B

is the annual contribution the member must pay for the child under subsection 3.

 

C

is the number of school days in the academic year.

 

Schedule 9—Travel and meal allowances amendments

Defence Determination 2016/19, Conditions of service

1
Section 4.5.9 (table)

 

Repeal the table, substitute:

 

Item

Column A

Meal period

Column B

Rate ($)

1.

breakfast

26.80

2.

lunch under paragraph 4.5.6.1.d

12.30

3.

any other lunch

30.60

4.

dinner

52.75

 

2
Subsection 7.5.24.2 (table)

 

Repeal the table, substitute:

 

Item

Column A

Meal period

Column B

Capital cities and high-cost country centres

($)

Column C

Other locations

($)

1.

breakfast

29.90

26.80

2.

lunch

33.65

30.60

3.

dinner

57.30

52.75

 

3
Subsection 7.5.24.3 (table)

 

Repeal the table, substitute:

 

Item

Column A

Meal period

Column B

Capital cities and high-cost country centres

($)

Column C

Other locations

($)

1.

breakfast

14.95

13.40

2.

lunch

16.85

15.30

3.

dinner

28.65

26.40

 

4
Subsection 9.5.10.2

 

Omit “$53.45”, substitute “$54.95”.

5
Subsection 9.5.20.2 (table item 5)

 

Omit “$72.10”, substitute “$74.55”.

6
Subsection 9.5.22.2 (table item 3)

 

Omit “$72.10”, substitute “$74.55”.

7
Subsection 9.5.39.2 (table item 5)

 

Omit “$72.10”, substitute “$74.55”.

8
Subsection 9.5.41.2 (table item 3)

 

Omit “$72.10”, substitute “$74.55”.

9
Annex 9.5.A, Part 1 (table)

 

Repeal the table, substitute:

 

Item

Column A

Location

Column B

Brigadier or higher

($)

Column C

Colonel or lower

($)

1.

Adelaide

183.00

137.00

2.

Brisbane

193.00

145.00

3.

Canberra

205.00

154.00

4.

Darwin

(April to November)

269.00

202.00

5.

Darwin

(December to March)

159.00

119.00

6.

Hobart

192.00

144.00

7.

Melbourne

196.00

147.00

8.

Perth

193.00

145.00

9.

Sydney

199.00

149.00

10.

High-cost country centres

See Part 2

See Part 2

11.

Medium-cost country centres (see Part 3)

160.00

133.00

12.

Other country centres

145.00

121.00

 

10
Annex 9.5.A, Part 2 (table)

 

Repeal the table, substitute:

 

Column A

Location

Column B

Rate ($)

New South Wales

Armidale

144.00

Bathurst

137.00

Bourke

160.00

Broken Hill

140.50

Cooma

153.50

Deniliquin

145.00

Dubbo

147.50

Gosford

139.50

Goulburn

149.00

Grafton

153.50

Griffith

138.00

Gunnedah

151.00

Inverell

140.50

Leeton

143.50

Lismore

141.50

Maitland

162.50

Mudgee

164.00

Newcastle

170.00

Nowra

146.50

Orange

175.50

Port Macquarie

166.00

Wagga Wagga

153.50

Wollongong

157.50

Northern Territory

Alice Springs

(April to November)

147.00

Alice Springs

(December to March)

146.00

Katherine

(April to November)

162.00

Katherine

(December to March)

171.50

Yulara

(April to November)

481.50

Yulara

(December to March)

405.00

Queensland

Bundaberg

147.00

Cairns

140.00

Charters Towers

140.50

Dalby

160.50

Emerald

143.00

Gold Coast

155.00

Hervey Bay

140.00

Kingaroy

151.00

Mount Isa

147.50

Rockhampton

138.50

Roma

145.50

Thursday Island

258.00

Townsville

139.00

Weipa

190.00

South Australia

Border Town

142.00

Ceduna

137.50

Mount Gambier

141.50

Whyalla

144.00

Wilpena Pound

192.50

Tasmania

Burnie

146.00

Launceston

142.50

Victoria

Bairnsdale

155.00

Ballarat

158.50

Benalla

142.50

Bendigo

139.00

Bright

153.00

Castlemaine

137.50

Geelong

148.50

Hamilton

144.00

Horsham

139.50

Mildura

141.00

Portland

142.50

Seymour

143.50

Shepparton

141.50

Swan Hill

154.00

Wangaratta

157.50

Warrnambool

142.00

Wonthaggi

159.50

Western Australia

Albany

170.50

Broome

153.00

Bunbury

156.50

Carnarvon

149.50

Dampier

149.00

Derby

169.50

Esperance

159.00

Exmouth

189.00

Geraldton

141.50

Halls Creek

139.50

Kalgoorlie

159.50

Karratha

196.50

Katanning

205.00

Kununurra

137.00

Mount Magnet

139.50

Newman

238.50

Northam

188.50

Wyndham

185.50

External Australian Territory

Christmas Island (WA)

185.50

Horn Island (QLD)

294.50

Norfolk Island

173.00

 

11
Annex 9.5.A, Part 3 (table)

 

Repeal the table, substitute:

 

Medium-cost country centres

New South Wales

Albury

Coffs Harbour

Cowra

Moree

Narrabri

Queanbeyan

Tamworth

Tumut

Queensland

Gladstone

Mackay

Nambour

Tasmania

Devonport

South Australia

Naracoorte

Port Augusta

Port Lincoln

Port Pirie

Victoria

Ararat

Echuca

Sale

 

12
Annex 9.5.A, Part 4 (table)

 

Repeal the table, substitute:

 

Item

Column A

Location

Column B

Breakfast

($)

Column C

Lunch

($)

Column D

Dinner

($)

Column E

Incidentals

($)

1.

Capital cities and
high-cost country centres

29.90

33.65

57.30

21.30

2.

Medium-cost country centres and other country centres

26.80

30.60

52.75

21.30

 

13
Annex 9.5.B, Part 2 (table)

 

Repeal the table, substitute:

 

Item

Column A

Accommodation

Column B

Condition

Column C

Rate

($)

1.

A boarding house, hotel or motel where the tariff is not all inclusive

Cooking facilities are not provided

845.95

Cooking facilities are provided

473.80

2.

Rental accommodation

-

473.80

 

14
Subsection 15.2A.27.3 (formula)

 

Omit “32.50”, substitute “33.25”.

 

Schedule 10—Transitional 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.    Allowances on redundancy

1.

This section applies to a former member of the Permanent Forces if section 2.3.4 of the Defence Determination applied to the former member between 14 October 2021 and the commencement of this Determination.

2.

The former member is eligible for payment under section 2.3.5 of the Defence Determination of any of the allowances listed under the change made by item 6 of Schedule 1 of this Determination had the change been in effect on 14 October 2021.

3.    Approved summer school

1.

This section applies to a member who met all of the following between 6 June 2022 and the commencement of Schedule 7 of this Determination.

 

a.

They were posted to China.

 

b.

They had a child who attended one of the following approved summer schools.

 

 

i.

Kidtopia Children’s Museum.

 

 

ii.

Mammolina Children’s Home Model Montessori Kindergarten.

2.

The member is eligible to be reimbursed the amount they would have been eligible for under section 15.6.15 of the Defence Determination had the changes made by Schedule 7 of this Determination been in effect at the time.