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This instrument amends the Defence Determination 2016/19, Conditions of service to provide that an offer of a bonus to a member holding the rank of Major General or above must be made by the Chief of the Defence Force, promote the use of contemporary drafting styles and clarify that only one remote location leave travel benefit may be used for each remote location leave travel journey.
Administered by: Defence
Registered 10 Jan 2023
Table of contents.


 
Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2023 (No. 1)

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

Dated 9 January 2023

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—Bonus decision‑makers amendments                                                    2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Remote location leave travel amendments                                            4

Defence Determination 2016/19, Conditions of service                                                                4

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 1).

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.

The day after the instrument is registered.

 

 

          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—Bonus decision‑makers amendments

Defence Determination 2016/19, Conditions of service

1
Section 3.5.8

 

Repeal the section, substitute:

3.5.8    Offer of bonus

1.

Subject to section 3.5.9, the CDF or the member's Service Chief may determine the following.

 

a.

A bonus of up to a maximum of $100,000 for the period of service determined under paragraph b.

 

b.

A fixed period of service to be performed by the member between 1 and 3 years.

2.

The period of service determined under subsection 1 must not include any past period of service.

3.

The offer of a bonus under this section for a Brigadier or lower may be made by the following.

 

a.

If determined by the CDF — any of the following.

 

 

i.

Chief of StaffADF Headquarters.

 

 

ii.

Director General Navy People.

 

 

iii.

Director General Army People Capability.

 

 

iv.

Director General Personnel – Air Force.

 

b.

If determined by the Chief of Navy — Director General Navy People.

 

c.

If determined by the Chief of Army — Director General Army People Capability.

 

d.

If determined by the Chief of Air Force — Director General Personnel – Air Force.

 

Note: This does not prevent the CDF or Service Chief from making the offer to the member.

4.

The offer of a bonus determined under this section for a Major General and above must be made by the CDF.

2
Section 3.5.66 (heading)

 

Repeal the heading, substitute:

3.5.66    Member eligible for retention bonus under this Division
3
Paragraph 3.5.66.1.d

 

Omit “two”, substitute “2”.

4
Subsection 3.5.66.2A

 

Omit “five”, substitute “5”.

5
Subsection 3.5.66.4

 

Omit “two”, substitute “2”.

6
Subsection 3.5.66.5

 

Repeal the subsection, substitute:

5.

After the Director General Navy People has made the decisions under subsections 2, 3 and 4, the offer may be made by one of the following.

 

a.

For Commodore or lower – any of the following.

 

 

i.

Director Navy Recruiting, Retention and Transitions.

 

 

ii.

Director Navy Employment Conditions

 

b.

For Rear Admiral and above – the CDF

7
Annex 3.5.G Part A (Offer)

 

Omit “Director Navy Career Performance and Support/Deputy Director Navy Career Performance and Support” (wherever occurring), substitute “the Chief of the Defence Force/Director Navy Recruiting, Retention and Transitions/Director Navy Employment Conditions”.

Schedule 2—Remote location leave travel amendments

Defence Determination 2016/19, Conditions of service

1
After section 9.4.25

 

Add:

9.4.25A    Limits on using remote location leave travel benefits

 

A person using a benefit accrued under this Part can only use one benefit for each journey.

2.
At the end of subsections 9.4.26.5, 9.4.27.5, 9.4.28.4, 9.4.30.4 and 9.4.31.5

 

Add:

 

Note: Section 9.4.25A applies to the use of travel benefits under this section.