Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument makes multiple amendments to the Defence Determination 2016/19, Conditions of service.
Administered by: Defence
Registered 02 Jun 2023
Tabling HistoryDate
Tabled HR13-Jun-2023
Tabled Senate13-Jun-2023
Table of contents.


 
Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2023 (No. 6)

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

Dated   31 May 2023

Fiona Louise McSpeerin

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Removal on ceasing continuous full‑time service amendments           2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Education assistance amendments                                                        4

Defence Determination 2016/19, Conditions of service                                                                4

Schedule 3—ADF family health program amendments                                            6

Defence Determination 2016/19, Conditions of service                                                                6

Schedule 4—Location allowance and child supplement amendments                     8

Defence Determination 2016/19, Conditions of service                                                                8

Schedule 5—Location allowance and child supplement post‑6 July 2023

                       amendments                                                                                          10

Defence Determination 2016/19, Conditions of service                                                             10

Schedule 6—Government funded non-Medicare services amendments                11

Defence Determination 2016/19, Conditions of service                                                             11

Schedule 7—Approved club amendments                                                                13

Defence Determination 2016/19, Conditions of service                                                             13

Schedule 8—Assisted leave travel amendments                                                       14

Defence Determination 2016/19, Conditions of service                                                             14

Schedule 9—Notes standardisation amendments                                                     21

Defence Determination 2016/19, Conditions of service                                                             21

Schedule 10—Miscellaneous amendments                                                                28

Defence Determination 2016/19, Conditions of service                                                             28

Schedule 11—Savings provisions                                                                               32

Schedule 12—Transitional provisions                                                                       33

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 6).

2  Commencement

1.       Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 4 and anything in this Instrument not elsewhere covered by this table.

The day after the instrument is registered.

 

4. Schedules 1 and 2

8 June 2023

 

5. Schedules 3 and 4

1 July 2023

 

6. Schedule 5

3 August 2023

 

7. Schedules 6 to 9

8 June 2023

 

2. Schedules 10

1 July 2023

 

3. Schedules 11 and 12

8 June 2023

 

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—Removal on ceasing continuous full‑time service amendments

Defence Determination 2016/19, Conditions of service

 

1
Subsection 6.5.46.3 (after table item 5)

 

Add:

 

6.

The member is a member with dependants (unaccompanied) who is to relocate from subsidised accommodation to their dependant’s location.

The posting location the member last received a removal to.

 

The location of their dependants.

The removal must occur before their dependants are removed to the location under paragraph 6.5.46A.1.b.

 

2
After section 6.5.46

 

Add:

6.5.46A    Additional removal for members with dependants (unaccompanied)

1.

A member with dependants (unaccompanied) is eligible for an additional removal in accordance with the following.

 

a.

If the member receives a removal under subsection 6.5.46.3 table item 1, 2, 3, 4 or 5 — the member is eligible for a removal for their dependants between the following locations.

 

 

i.

The location the dependants last received a removal to.

 

 

ii.

The location the member received their removal to under subsection 6.5.46.3.

 

b.

If the member receives a removal under subsection 6.5.46.3 table item 6 — the member is eligible for a removal for themselves and their dependants from the location the dependants last received a removal to, to one of the following. 

 

 

i.

If the member and their dependants are to relocate overseas — the Australian capital city that is the nearest port of exit to the overseas location the member has nominated to live following ceasing continuous full-time service.

 

 

ii.

The location in Australia the member has nominated to live following ceasing continuous full-time service.

 

c.

If the member is not eligible for a removal under subsection 6.5.46.3 — the member is eligible for a removal for their dependants from the location the dependants last received a removal to, to one of the following. 

 

 

i.

If the member and their dependants are to relocate overseas — the Australian capital city that is the nearest port of exit to the overseas location the member has nominated to live following ceasing continuous full-time service.

 

 

ii.

The location in Australia the member has nominated to live following ceasing continuous full-time service.

2.

A removal under subsection 1 is subject to the same conditions and limitations that would have applied had the removal been for the member under column D of the table in subsection 6.5.46.3.

3
Subsection 6.5.54.1

 

Omit “with”, substitute “without”.

4
Subsection 6.5.60.5

 

Repeal the subsection, substitute:

5.

A member is not eligible for a removal under subsection 4 of stored items if any of the following apply.

 

a.

The member meets all of the following.

 

 

i.

The member’s items were removed to storage at the location the member has nominated to live following ceasing continuous full-time service.

 

 

ii.

The member decides to live at a different location to the one that was nominated under subparagraph i.

 

b.

The member meets all of the following.

 

 

i.

The member does not occupy a type of subsidised accommodation under subsection 6.5.46.2.

 

 

ii.

The member is relocating to a home within the Australian posting location they last received a removal to.

 

Schedule 2—Education assistance amendments

Defence Determination 2016/19, Conditions of service

1 
Subparagraph 8.4.9.b.iv

 

Repeal the subparagraph.

2 
Section 8.4.16

 

Repeal the section, substitute:

8.4.16    Purpose

 

Education assistance in this Division assists a member with educational costs that would have been covered by a scholarship that their child can no longer access as a result of changing schools due to the member’s posting.

3 

Section 8.4.18

 

Repeal the section, substitute:

8.4.18    Loss of scholarship

1.

The member is eligible for reimbursement of any of the following educational costs incurred at the gaining location.

 

a.

Compulsory tuition fees.

 

b.

Textbooks.

2.

The costs incurred by the member under subsection 1 must be for education of a kind that the child would have received under the scholarship.

3.

The total amount of reimbursement must not exceed any of the following.

 

a.

The unused part of the scholarship.

 

b.

If a sublimit applies to a specified type of expense the maximum for that sublimit.

4 
Subsection 8.4.21.1 (table item 1)

 

Omit the item, substitute:

 

1.

Compulsory tuition fees.

$32,432

The higher of the following.

a.  $403.

b.  The amount equal to the contribution they would normally have incurred for their child’s continued attendance at that school.

 

5 
After subsection 8.4.21.1

 

Insert:

1A.

For the purpose of subsection 1, all of the following apply.

 

a.

Boarding arrangements do not include supervision of the child in a member’s home.

 

b.

Private accommodation does not include a home owned by the member or their dependant.

6 
Subparagraph 8.4.24.1.a.iii

 

Repeal the subparagraph, substitute:

 

 

iii.

Their selected course is not offered at an institution within the member's posting location or the dependant’s personal location.

7 
Paragraph 8.4.24.1.b

 

Repeal the paragraph, substitute:

 

b.

The member incurs costs for the child's accommodation and the member does not own the accommodation.

8 
Paragraph 8.4.24.2.b

 

Omit “is it”, substitute “it is”.

Schedule 3—ADF family health program amendments

Defence Determination 2016/19, Conditions of service

1
Section 8.9.2

 

Insert:

 

Healthcare physician includes a General Practitioner, Dietician, Exercise Physiologist and a Physiotherapist.

2
Subsection 8.9.6A.1

 

Omit “$400”, substitute “$800”.

3
After paragraph 8.9.6A.1.c

 

Insert:

 

d.

Section 8.9.7C, Reimbursable items – Healthy eating programs.

 

e.

Section 8.9.7D, Reimbursable items – Physical activity.

 

f.

Section 8.9.7E, Reimbursable items – Cancer screening and prevention.

4
Paragraph 8.9.7.1.e

 

Omit “From 15 December 2022, any”, substitute “Any”.

5
Paragraph 8.9.7.1.f

 

Repeal the paragraph, substitute:

 

f.

Pharmaceuticals that are not subsidised under the Pharmaceutical Benefits Scheme.

6
Subsection 8.9.7.2

 

Repeal the subsection, substitute:

2.

Despite subsection 1, a reimbursement cannot be made for a service that is cosmetic.

7
Section 8.9.7A

 

Omit “from 15 December 2022,”.

8
Section 8.9.7B

 

Omit “from 15 December 2022,”.

9
At the end of section 8.9.7B

 

Add:

8.9.7C    Reimbursable items – Healthy eating programs

1.

For the purpose of section 8.9.6A, out‑of‑pocket expenses relating to the following services provided to an eligible dependant are reimbursable if the eligible dependant has been referred to the service by a healthcare physician in relation to an existing condition.

 

a.

Dietitian‑led program subscriptions.

 

b.

National Healthy Eating Activity and Lifestyle Program.

 

c.

CSIRO program lead by a total wellbeing health coach.

 

d.

Option 3 of the self-funded healthy weight for life solutions program provided by Healthy Weight for Life.

2.

Out of pocket expenses in this section do not include the cost of food.

8.9.7D    Reimbursable items – Physical activity

 

For the purpose of section 8.9.6A, out of pocket expenses relating to the following services provided to an eligible dependant are reimbursable if the eligible dependant has been referred to the service by a healthcare physician in relation to an existing condition.

 

a.

Gym membership.

 

b.

Any of the following classes that are facilitated by a provider with a registered Australian Business Number.

 

 

i.

Personal training.

 

 

ii.

Pilates.

 

 

iii.

Yoga.

 

 

iv.

Zumba.

8.9.7E    Reimbursable items – Cancer screening and prevention

 

For the purpose of section 8.9.6A, out of pocket expenses relating to the following services provided to an eligible dependant that are not covered under section 8.9.7 are reimbursable.

 

a.

Skin cancer checks at a skin cancer clinic with a registered Australian Business Number.

 

b.

Mole mapping at a skin cancer clinic with a registered Australian Business Number.

 

c.

Bowel screening kit.

Schedule 4—Location allowance and child supplement amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 15.2A.20.3

 

Repeal the subsection, substitute:

3.

For the purpose of subsection 2, the following apply.

 

a.

The base rate for a child of the age in column A of the following table on or before 5 July 2023 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

 

 

b.

The base rate for a child of the age in column A of the following table on or after 6 July 2023 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

365

2.

Between 3 and 12 years old

281

3.

Between 12 and 18 years old

337

 

 

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

 

After “the rate of location allowance”, insert “on or before 5 July 2023”.

3
After subsection 16.2A.5.1

 

Insert:

1A.

Subject to section 16.2A.7, the rate of location allowance on or after 6 July 2023 for a member in a location they are performing duty with the hardship location grade specified in column A of the following table is one of the following.

 

a.

For a member who is unaccompanied — the rate specified in column B of the same item.

 

b.

For a member who is accompanied — the rate specified in column C of the same item.

 

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

17,567

26,350

 

 

4.

D

23,423

35,134

 

 

5.

E

29,278

43,917

 

 

6.

F

35,134

52,700

 

 

Schedule 5—Location allowance and child supplement post 6 July 2023 amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 15.2A.20.3

 

Repeal the subsection, substitute:

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

365

2.

Between 3 and 12 years old

281

3.

Between 12 and 18 years old

337

 

2
Subsection 16.2A.5.1

 

Repeal the subsection, substitute:

1.

Subject to section 16.2A.7, the rate of location allowance for a member in a location they are performing duty with the hardship location grade specified in column A of the following table is one of the following.

 

a.

For a member who is unaccompanied — the rate specified in column B of the same item.

 

b.

For a member who is accompanied — the rate specified in column C of the same item.

 

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

17,567

26,350

4.

D

23,423

35,134

5.

E

29,278

43,917

6.

F

35,134

52,700

 

 

Schedule 6—Government funded non-Medicare services amendments

Defence Determination 2016/19, Conditions of service

1
Section 15.5.7

 

Repeal the section, substitute:

15.5.7    Medical costs

1.

A member who has met the minimum threshold under section 15.5.7A is eligible to be reimbursed out-of-pocket expenses incurred for medical goods or services received by an eligible person.

2.

Costs associated with assisted reproductive services provided overseas are not reimbursable.

3.

In this section, medical goods or services means any of the following.

 

a.

Medical goods or services that the eligible person would be entitled to receive under a Medicare benefit in Australia.

 

b.

Medical goods or services that are covered by another Australian Government funded scheme that meets all of the following.

 

 

i.

The eligible person would be entitled to receive the goods or services through the scheme in Australia.

 

 

ii.

The decision maker is satisfied that the medical goods or services the eligible person would be entitled to receive under the scheme are not otherwise provided for by local arrangements in the member’s overseas posting location.

4.

In this section, decision maker means any of the following.

 

a.

Director National Operations, Joint Health Command.

 

b.

Director Directorate of Clinical Services, Joint Health Command.

15.5.7A    Minimum Thresholds

1.

For the purpose of section 15.5.7, a member must reach the following minimum threshold in out-of-pocket medical expenses for the eligible person.

 

a.

If the eligible person is less than 15 years old at the beginning of the financial year, the minimum threshold is AUD 25.

 

b.

If the eligible person is 15 years or older at the beginning of the financial year, the minimum threshold is AUD 69.

2.

If a member is only eligible for part of the financial year, the minimum threshold is reduced using the following formula.

 

Title: Formula 15.5.7A.2 - Description: Start formula reduced out-of-pocket threshold equals open bracket A over 365 close bracket times B end formula

 

Where:

 

A

Is the threshold that applies to the eligible person under subsection 15.5.7A.1.

 

B

Is the number of days that the eligible person will be in the posting location that financial year.

3.

If a member incurs a cost for an eligible person’s medical treatment in Australia in a financial year, the minimum threshold for that person in the financial year is reduced by the out‑of‑pocket cost to the member.

Note:     The threshold is not reduced by any amount refunded by Medicare or under an Australian Government funded scheme.

Schedule 7—Approved club amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 15.8.2.2 (table item 4)

 

Omit the item, substitute:

 

4.

Ethiopia

Hyatt Hotel Health Club, Addis Ababa

 

2
Subsection 15.8.2.2 (table item 30)

 

Omit the item, substitute:

 

30.

United Arab Emirates

Health Club, The Bayshore Health Club, Intercontinental Hotel, Abu Dhabi.

 

Schedule 8—Assisted leave travel amendments

Defence Determination 2016/19, Conditions of service

1 
Chapter 16 Part 4

 

Repeal the part, substitute:

Part 4: Assisted leave travel

Division 1: Assisted leave travel benefit

16.4.1    Purpose

1.

Assisted leave travel is provided to a member and each of their dependants living at a hardship location.

2.

Travel to a leave centre is to enable any of the following.

 

a.

Access health and shopping facilities not normally available at the hardship location.

 

b.

Obtain relief from the environment at the hardship location.

16.4.2    Definitions

 

In this Part, the following apply.

 

Leave centre means any of the following.

 

a.

A regional leave centre.

 

b.

A relief leave centre.

 

c.

A substituted leave centre under section 16.4.8.

 

Ordinary posting period means, for a location in an item in column 1 of the table in Annex 16.B, the period in months set out in column 2 of the same item.

16.4.3    Eligibility for assisted leave travel

 

A member who is posted to a hardship location is eligible for the number of assisted leave travel trips calculated under subdivision 2 for each of the following.

 

a.

The member.

 

b.

Each of their dependants.

16.4.4    Using assisted leave travel

 

The number of assisted leave travel trips allocated to a person is reduced by 1 each time any of the following occurs.

 

a.

They use an assisted leave travel benefit.

 

b.

They offset an assisted leave travel benefit under Division 3.

 

c.

They use an additional travel benefit under section 15.3.38.

16.4.5    Assisted leave travel benefit

1.

An assisted leave travel trip is the lesser of the following.

 

a.

One of the following.

 

 

i.

If the travel is by a means other than private vehicle — the cost of return travel to a regional leave centre or relief leave centre.

 

 

ii.

If the travel is by private vehicle the amount calculated under section 16.4.6.

 

b.

The allowable cost of return air travel subject to any of the following.

 

 

i.

For travel between Islamabad, Pakistan and Karachi, Pakistan — the next highest class above economy.

 

 

ii.

For any other travel — economy class.

2.

All of the following apply to assisted leave travel.

 

a.

If the member is travelling, they must have been granted a period of recreation leave for the period they are absent from duty in connection with assisted leave travel.

 

b.

Assisted leave travel may be used by a member or the member’s dependants separately or together.

 

c.

A person cannot use more than 1 assisted leave travel benefit at a time.

 

d.

Assisted leave travel must commence at the hardship location.

3.

For the purpose of paragraph 1, if a flight is being taken as part of the assisted leave travel benefit, costs include excess baggage costs provided under section 16.4.7.

16.4.6    Travel by private vehicle

1.

The purpose of this section is to provide how to calculate the cost of return travel for the purpose of subparagraph 16.4.5.1.a.ii if the member or their dependant travels by private vehicle.

2.

The cost of return travel by private vehicle is the total of all of the following.

 

a.

The amount of vehicle allowance that would be payable under section 15.3.21 if the vehicle was being used on official business.

 

b.

Any cost incurred in transporting the vehicle and occupants for part of the travel, excluding accommodation or meal costs.

3.

If more than one person who is eligible for an assisted leave travel benefit travels in the same vehicle, vehicle allowance is only payable to one person.

16.4.7    Excess baggage

1.

A member posted to a location listed in Annex 16.B column 1 is eligible to be reimbursed the cost of excess baggage if it is indicated in column 3 of the same item.

2.

The member may be reimbursed the cost of up to 12 kg of excess baggage charged by the airline for the excess baggage for any of the following people travelling.

 

a.

The member.

 

b.

A dependant of the member. 

16.4.8    Substituted leave centre

 

The Director Overseas and Housing Policy may substitute a leave centre if they are satisfied that the leave centre is temporarily unsuitable for use when the leave centre is affected by any of the following.

 

a.

War.

 

b.

Civil disorder.

 

c.

Natural disaster.

 

d.

A similar event.


 

Division 2: Calculating number of trips

16.4.9    Posting for the ordinary posting period

1.

This section applies to a member who is posted to a hardship location for the ordinary posting period.

2.

A member posted to a location in an item in column 1 of the table in Annex 16.B is eligible for the number of assisted leave travel trips to a leave centre in column 3 of the same item.

3.

The member may choose in writing the sequence in which assisted leave fares are taken for the leave centres during the ordinary posting period.

16.4.10    Posting longer than ordinary posting period

1.

This section applies to a member when their posting to a hardship location is longer than the ordinary posting period.

2.

The number of assisted leave travel trips the member is eligible for is calculated using the following formula.

 

Title: Formula 16.4.10 - Description: Start formula number of trips equals start fraction open bracket A plus 1 close bracket times B over C end fraction plus A end formula

 

Where:

 

A

is the total number of trips under Annex 16.B column 3.

 

B

is the extra posting period in months.

 

C

is the ordinary posting period in months under Annex 16.B column 2.

3.

The outcome of the formula in subsection 2 is rounded up to the nearest whole number.

4.

If the number of trips calculated under subsection 2 is more than what is provided under Annex 16.B column 3, at least one of the additional trips must be to a regional leave centre.

16.4.11    Posting shorter than ordinary posting period

1.

This section applies to a member when their posting to a hardship location is shorter than the ordinary posting period.

2.

This section does not apply to a member who has had their posting period reduced, other than at the member’s request.

3.

The number of assisted leave travel trips the member is eligible for is calculated using the following formula.

 

Title: Formula 16.4.11 - Description: start formula number of trips equals start fraction A times B over C end fraction end formula

 

Where:

 

A

is the total number of trips under Annex 16.B column 3.

 

B

is the actual posting period in months.

 

C

is the ordinary posting period in months under Annex 16.B column 2.

4.

The outcome of the formula in subsection 3 is rounded up to the nearest whole number.

5.

If the length of a member’s posting is reduced at their own request, the CDF may decide that it would be reasonable not to reduce the amount of assisted leave travel under this section after considering all of the following.

 

a.

The circumstances in which the posting was terminated.

 

b.

The period the member has served at the posting location.

 

c.

The ordinary posting period at that location.

 

d.

If the member's service will continue after the posting.

 

e.

Any other factor relevant to the termination of the posting.

 


 

Division 3: Offsetting assisted leave travel

16.4.12    Offsetting assisted leave travel

1.

Subject to subsection 2, a member is eligible to offset their assisted leave travel benefit to travel to one of the following locations if the CDF is satisfied that the travel meets the purpose of assisted leave travel.

 

a.

A location in another country other than the location listed in Annex 16.B.

 

b.

A location in the country where they are posted.

2.

The CDF must consider all of the following.

 

a.

The facilities and environment at the chosen location.

 

b.

Any travel restrictions that may apply to the chosen location.

16.4.13    Reimbursement

1.

A member is eligible to be reimbursed the lesser of the following for an assisted leave travel benefit that they have been approved to offset under section 16.4.12.

 

a.

The actual cost of the travel.

 

b.

The value of the travel they would have received under section 16.4.3.

2.

For the purpose of paragraph 1.b, the value of the travel is based on travel to a regional leave centre or relief leave centre that is in a location other than a location in Australia.

16.4.14    In-country offset – accommodation in China

1.

A member who meets all of the following is eligible for accommodation assistance for each day they occupy commercially provided accommodation.

 

a.

They are posted to China.

 

b.

They have been approved to offset their assisted leave travel benefit under section 16.4.12 to travel to an in-country location in China. 

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.

The section ceases to apply on 30 June 2023.

Division 4: When travel costs must be repaid 

16.4.15    Recovery of travel costs

 

A member must repay the full amount of assistance provided under this Division if any of the following apply.

 

a.

Travel for which a benefit has been provided does not occur.

 

b.

Proof of travel required under section 16.4.16 is not provided.

16.4.16    Proof of travel

1.

A member must provide documentary evidence of travel within 2 weeks of the traveller returning to the member’s posting location if any of the following apply.

 

a.

They offset their assisted leave travel under Division 3.

 

b.

They are reimbursed costs in advance of the assisted leave travel benefit being taken.

2.

In this section, documentary evidence includes any of the following.

 

a.

A dated exit or entry stamp in a passport.

 

b.

An airline boarding pass that states the flight date and destination.

 

c.

A written confirmation from a travel agent.

 

d.

A bus or train ticket.

 

 

Schedule 9—Notes standardisation amendments

Defence Determination 2016/19, Conditions of service

1

Subsection 1.5.2.4

 

Omit “Notes: 1.”, substitute “Note 1:”.

2

Subsection 1.5.2.4

 

Omit “2. Section”, substitute “Note 2: Section”.

3

Paragraph 1.7.4.2.c

 

Omit “Notes: 1.”, substitute “Note 1:”.

4

Paragraph 1.7.4.2.c

 

Omit “2. This”, substitute “Note 2: This”.

5

Subsection 1.7.16.7

 

Omit “Notes: 1.”, substitute “Note 1:”.

6

Subsection 1.7.16.7

 

Omit “2. This”, substitute “Note 2: This”.

7

Subsection 3.2.47S.1

 

Omit “Notes: 1.”, substitute “Note 1:”.

8

Subsection 3.2.47S.1

 

Omit “2. A day”, substitute “Note 2: A day”.

9

Subsection 3.2.47S.3 (note)

 

Omit “1. A member”, substitute “a. A member”.

10

Subsection 3.2.47S.3 (note)

 

Omit “2. A member”, substitute “b. A member”.

11

Subsection 4.6.6.3 (note)

 

Omit the note.

12

At the end of subsection 4.6.6.3

 

Add:

 

Note 5:  A member who is directed to act at a higher rank (including a rank of Brigadier or higher) under paragraph 13(1)(b) of the Defence Regulation is considered to be holding the higher rank.

13

Subsection 4.9.20.1

 

Omit “Notes: 1.”, substitute “Note 1:”.

14

Subsection 4.9.20.1

 

Omit “2. A member”, substitute “Note 2: A member”.

15

Subsection 4.9.22.1

 

Omit “Notes: 1.”, substitute “Note 1:”.

16

Subsection 4.9.22.1

 

Omit “2. A member”, substitute “Note 2: A member”.

17

Subsection 4.9.22.1 (example)

 

Omit the example.

18

Subsection 5.3.5.3

 

Omit “Note: Regulation”, substitute “Note 1: Regulation”.

19

Subsection 5.3.5.3

 

Omit “Notes on disclosure of personal information: 1.”, substitute “Note 2:”.

20

Subsection 5.3.5.3

 

Omit “2. If”, substitute “Note 3: If”.

21

Subsection 5.4.13.3

 

Omit “Note: 1.”, substitute “Note 1:”.

22

Subsection 5.4.13.3

 

Omit “2. Special”, substitute “Note 2: Special”.

23

Subsection 5.4.14.2

 

Omit “Notes: This rule may be modified by other rules. 1.”, substitute “Note 1:”.

24

Subsection 5.4.14.2

 

Omit “2. Special”, substitute “Note 2: Special”.

25

Subsection 5.4.15.3

 

Omit “Note: 1.”, substitute “Note 1:”.

26

Subsection 5.4.15.3

 

Omit “2. Special”, substitute “Note 2: Special”.

27

Subsection 5.4.16.3

 

Omit “Notes: 1.”, substitute “Note 1:”.

28

Subsection 5.4.16.3

 

Omit “2. Special”, substitute “Note 2: Special”.

29

Subsection 5.4.17.1

 

Omit “Notes: a.”, substitute “Note 1:”.

30

Subsection 5.4.17.1

 

Omit “b. Additional”, substitute “Note 2: Additional”.

31

Subsection 5.4.17.1

 

Omit “c. A member”, substitute “Note 3: A member”.

32

Subsection 5.6.18.2

 

Omit “Note: A member on”, substitute “Note 1: A member on”.

33

Subsection 5.6.18.2

 

Omit “Note: A member may”, substitute “Note 2: A member may”.

34

Section 5.7.4 (definition of Parental leave)

 

Omit “Notes: 1.”, substitute “Note 1:”.

35

Section 5.7.4 (definition of Parental leave)

 

Omit “2. Parental”, substitute “Note 2: Parental”.

36

Subsection 5.7.7.1

 

Omit “Notes: 1.”, substitute “Note 1:”.

37

Subsection 5.7.7.1

 

Omit “2. The child”, substitute “Note 2: The child”.

38

Section 6.3.3

 

Omit “Notes: 1.”, substitute “Note 1:”.

39

Section 6.3.3

 

Omit “2. A member”, substitute “Note 2: A member”.

40

Section 6.3.4

 

Omit “Notes: 1.”, substitute “Note 1:”.

41

Section 6.3.4

 

Omit “2. A member”, substitute “Note 2: A member”.

42

Section 7.6.53

 

Omit “Notes: 1.”, substitute “Note 1:”.

43

Section 7.6.53

 

Omit “2. Subsection”, substitute “Note 2: Subsection”.

44

Subsection 7.8.41.3 (table item 1)

 

Omit “Notes: 1.”, substitute “Note 1:”.

45

Subsection 7.8.41.3 (table item 1)

 

Omit “2. The member”, substitute “Note 2: The member”.

46

Subsection 7.8.41.3 (table item 1)

 

Omit “3. The member”, substitute “Note 3: The member”.

47

Subsection 9.3.33.2

 

Omit “Notes: 1.”, substitute “Note 1:”.

48

Subsection 9.3.33.2

 

Omit “2. The benefit”, substitute “Note 2: The benefit”.

49

Subsection 9.3.33AA.4

 

Omit “Notes: 1.”, substitute “Note 1:”.

50

Subsection 9.3.33AA.4

 

Omit “2. Additional”, substitute “Note 2: Additional”.

51

Subsection 9.5.39.2 (table item 5)

 

After “the end of the journey”, insert:

 

Note:     If the last day of the member's journey is for a part day, they are eligible for the full rate of incidentals for that day.

52

Subsection 9.5.39.2 (note)

 

Omit the note.

53

Subsection 9.6.22.3

 

Omit “Note:”, substitute “Note 1:”.

54

Subparagraph 12.1.1.b.ii

 

Omit “Notes: 1.”, substitute “Note 1:”.

55

Subparagraph 12.1.1.b.ii

 

Omit “2. Isolation”, substitute “Note 2: Isolation”.

56

Subsection 14.4.15.8

 

Omit “Notes: 1.”, substitute “Note 1:”.

57

Subsection 14.4.15.8

 

Omit “2. Under”, substitute “Note 2: Under”.

58

Subsection 14A.1.4.1

 

Omit “Notes: 1.”, substitute “Note 1:”.

59

Subsection 14A.1.4.1

 

Omit “2. Flights”, substitute “Note 2: Flights”.

60

Subsection 14A.1.10.1 (Note)

 

Omit the note.

61

At the end of subsection 14A.1.10.1

 

Add:

 

Note:     Under section 14A.1.11, a member may be reimbursed for part of the cost of the accommodation or be required to pay a contribution.

62

Paragraph 14A.1.10.2.a

 

Omit “Notes: 1.”, substitute “Note 1:”.

63

Paragraph 14A.1.10.2.a

 

Omit “2. There”, substitute “Note 2: There”.

64

Subsection 15.2A.23.2 (note)

 

Omit “1. A member”, substitute “a. A member”.

65

Subsection 15.2A.23.2

 

Omit “2. The member”, substitute “b. The member”.

66

Subparagraph 17.4.6.1.b.iv (note)

 

Repeal the note, substitute:

 

 

Note:     A parent of a member may include, but is not limited to, any of the following people.

                a. A biological parent.

                b. An adoptive parent.

                c. A foster parent.

                d. A step-parent.

 

Schedule 10—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

2 
Section 2.3.7

 

Repeal the section, substitute:

2.3.7    When the amount is repayable

 

A member must repay the amount received if all of the following apply, unless the CDF is satisfied that the repayment is not required.

 

a.

The member receives any payment under this Division.

 

b.

The member commences another period of continuous full-time service within a year of ceasing to be a member of the Permanent Forces.

3 
Subsection 3.2.22.2

 

Repeal the subsection, substitute:

2.

The member is to be paid one of the following.

 

a.

The salary rate for the new pay grade that corresponds to the rank increment the member held in their former specialist officer competency level.

 

b.

A salary rate above the minimum increment that the CDF is satisfied is reasonable having regard to the member’s relevant experience, qualifications and skills.

4 
Subsection 3.2.43.2

 

Repeal the subsection, substitute:

2.

A legal officer who is promoted retains the competency element of their legal level.

2A.

A legal officer who is promoted is to be paid one of the following.

 

a.

The rate of the lowest increment for their legal level at the new rank.

 

b.

The rate of an increment level above the minimum for their legal level that the CDF is satisfied is reasonable having regard to the member’s relevant experience, qualifications and skills.

5 
Subsection 4.9.16.5

 

Repeal the subsection, substitute:

5.

A member must repay a part of the allowance they received under paragraph 3.a or b if they cease to be insured at any time between the following days, unless the CDF decides it is reasonable for the member to not repay the allowance.

 

a.

The day they became eligible to receive the bonus.

 

b.

The day ending 12 months after receiving the bonus.

6 
Section 7.1.7

 

Repeal the section, substitute:

7.1.7    Allowance not payable

 

A member is not eligible for an allowance or reimbursement under this Chapter for any period they are not eligible for salary, unless any of the following apply.

 

a.

The CDF has approved payment of an allowance during all or part of a period of leave without pay under subsection 5.10.6.2 or 7.8.34.3.

 

b.

The member is subject to a flexible service determination and the member is not eligible for salary only for the reason that it is a nonworking day in their pattern of service.

7 
Section 7.3.13

 

Before “If”, insert “1.”.

8 

At the end of section 7.3.13 table

 

Add:

2.

For the purpose of the specified time period in column B of the table in subsection 1, the CDF must be satisfied that an eligible person cannot occupy the home for a reason beyond their control.

9 
Subsection 7.4.14.1

 

Repeal the subsection, substitute:

1.

A member's licence to live in may be revoked for a period of up to 3 years if the CDF is satisfied any of the following have occurred.

 

a.

The member has deliberately, recklessly or negligently breached the conditions listed in Annex 7.4.A.

 

b.

The member fails, or refuses, to comply with any reasonable request or direction from an accommodation manager relating to their living-in accommodation.

 

c.

The member fails to give notice that the living-in accommodation will be unoccupied for at least 28 consecutive days, unless the absence is due to an emergency, or a situation which is beyond the member’s control has occurred.

1A.

Subsection 1 does not apply to a member who is under the age of 18.

10 

Subsection 14.5.4

 

Repeal the section, substitute:

14.5.4    Settling out of posting location

1.

A member is eligible for settling out allowance for themselves and their dependants if they live in temporary accommodation before leaving the member’s posting location.

2.

For the purpose of subsection 1, the period of eligibility is between the following.

 

a.

The day permanent accommodation becomes unavailable because of the completion of the member’s posting.

 

b.

The later of the following days.

 

 

i.

The day the member’s period of posting ends.

 

 

ii.

The day 2 weeks after the beginning of the settling out period in paragraph a.

 

 

iii.

The day specified by the CDF.

11 
Paragraph 17.3.2.3.b (exception)

 

Repeal the exception.

12 
Subsection 17.3.2.4

 

Repeal the subsection, substitute:

4.

Despite paragraph 17.3.2.3.b, the member is eligible to travel business class if the CDF is satisfied it is reasonable having regard to all of the following.

 

a.

Any special circumstances prevent the person from travelling economy class.

 

b.

The member is part of a group, unit or headquarters travelling at the same time and for the same or a similar purpose.

 

c.

The nature of the duties being undertaken in the course of the travel.

 

d.

The member’s health.

 

e.

The status and class of air travel benefit of a person the member is required to accompany during the air travel in the course of duty.

13 
Subsection 17.7.23.1

 

Repeal the subsection, substitute:

1.

This section applies to a member who meets one of the following.

 

a.

The member is deployed for 6 months or more.

 

b.

The CDF is satisfied of all of the following.

 

 

i.

The member is on a deployment of less than 6 months.

 

 

ii.

The duties the member performs are exceptionally demanding.

 

c.

The CDF is satisfied the member is likely to serve multiple deployments in a 12‑month period. 

1A.

Subject to operational constraints, a member is eligible for relief out-of-country travel fare assistance for return travel to an approved destination if all of the following conditions are met.

 

a.

The member travels to a destination approved under subsection 17.7.22.2.

 

b.

The member is outside the operational area for 7 consecutive days or longer.

 

c.

If practicable, the travel is planned to occur during regular intervals during the deployment.

14 
Subsection 17.7.24.5

 

Omit “to Australia”.

Schedule 11—Savings provisions

1  Definition

 

In this Schedule, Defence Determination means Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of Schedule 2.

2  Pre-approved education assistance

1.

This Schedule applies to a member who meets all of the following.

 

a.

They have a child who did not accompany them to their posting location.

 

b.

They have been approved for education assistance under Chapter 8 Part 4 Division 4 of the Defence Determination.

2.

The member is eligible for reimbursement of their child’s educational costs under section 8.4.21 of the Defence Determination.

3.

The member’s eligibility under subclause 2 ceases to apply when any of the following occurs.

 

a.

Their current posting ends.

 

b.

They are posted back to their previous location.

 

c.

They cease continuous full‑time service.

 

d.

Their child completes their education.

Schedule 12—Transitional provisions

1  Definitions

1.

In this Schedule, Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.

2.

For the purpose of clause 2 of this Schedule, all of the following apply.

 

Eligible person has the same meaning given by section 15.5.4 of the Defence Determination.

 

Period of eligibility means the period starting on 1 September 2022 and ending on the day before Schedule 6 commences.

2  Government funded non‑Medicare services

1.

This clause applies to a member who would have been eligible for the reimbursement of out‑of‑pocket expenses for medical goods or services incurred for an eligible person during the period of eligibility had the changes made by Schedule 6 of this Determination applied at the time.

2.

A member is eligible for reimbursement under section 15.5.7 of the Defence Determination of out-of-pocket expenses for medical goods or services incurred for the eligible person as though Schedule 6 of this Determination had been in force during the period of eligibility.

3.

The amount of reimbursement available to the member under subclause 2 is reduced by any amount the member has already received under section 15.5.7 of the Defence Determination within the period of eligibility.

2  Approved club

1.

This clause applies to a member who meets all of the following between 21 March 2023 and the commencement of Schedule 7.

 

a.

They were posted to any of the following.

 

 

i.

Ethiopia.

 

 

ii.

United Arab Emirates.

 

b.

They were eligible for the cost of club membership in their posting location under any of the following sections of the Defence Determination.

 

 

i.

Section 15.8.4, Benefits in the member’s location.

 

 

ii.

Section 15.8.5, Additional club membership costs.

2.

A member is eligible for the cost of club membership they would have been eligible for under sections 15.8.4 and 15.8.5 of the Defence Determination as though Schedule 7 of this Determination had been in force between 21 March 2023 and the commencement of Schedule 7.