Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service.
Administered by: Defence
Registered 01 Aug 2023
Tabling HistoryDate
Tabled HR02-Aug-2023
Tabled Senate03-Aug-2023
Table of contents.


 
Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2023 (No. 8)

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

Dated 31 July 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—Higher duties allowance amendments                                                   2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—District allowance, trainee’s dependant allowance and Army dental officer professional development scheme amendments                                                        8

Defence Determination 2016/19, Conditions of service                                                                8

Schedule 3—Short absence amendments                                                                    9

Defence Determination 2016/19, Conditions of service                                                                9

Schedule 4—Puckapunyal housing trial amendments                                             10

Defence Determination 2016/19, Conditions of service                                                             10

Schedule 5—Education assistance amendments                                                      11

Defence Determination 2016/19, Conditions of service                                                             11

Schedule 6—Travel and meal allowance amendments                                            14

Defence Determination 2016/19, Conditions of service                                                             14

Schedule 7—Deployment allowance and additional risk insurance amendments 21

Defence Determination 2016/19, Conditions of service                                                             21

Schedule 8—Miscellaneous amendments                                                                  23

Defence Determination 2016/19, Conditions of service                                                             23

Schedule 9—Transitional provisions                                                                         28

 

 


1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 8).

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

The day the instrument is registered.

 

2. Schedules 1 to 5

3 August 2023

 

3. Schedule 6

12 October 2023

 

4. Schedules 7 to 9

3 August 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—Higher duties allowance amendments

Defence Determination 2016/19, Conditions of service

1 
Before section 4.1.1

 

Insert:

Division 1: General provisions

2 
Section 4.1.2

 

Insert:

 

A salary non-reduction arrangement means one of the following.

 

a.

The member’s salary rate has been preserved under Division 5 to Part 2 of Chapter 3.

Note:     Division 5 of Part 2 of Chapter 3 provides the way a member's salary rate can be preserved for a period when it would otherwise be reduced.

 

b.

The member’s salary rate has been set under Division 4A of Part 2 of Chapter 3.

Note:     Division 4A of Part 2 of Chapter 3 provides the increment placement, progression and transfer through the Officer Aviation Pay Structure for an Officer Aviation member.

 

c.

The member’s salary rate has been set under section B.2.5 of DFRT Determination 2 of 2017.

Note:     Section B.2.5 sets the salary rate for an officer who held an enlisted rank immediately before becoming an officer.

3 
Section 4.1.4 (heading)

 

Repeal the heading, substitute:

4.1.4    Member this Part does not apply to
4 
Paragraph 4.1.4.a

 

After “undergoing”, insert “recategorisation”.

5 
Paragraph 4.1.4.b

 

Repeal the paragraph, substitute:

 

b.

A member who is paid salary under the Officer Aviation Specialist Structure.

 

ba.

A member in the Specialist Pathway or Stream of the Officer Aviation Pay Structure.

Note:     An Officer Aviation member in another pathway/non-specialist pathway may be eligible for higher duties allowance under this Part.

6 
Before section 4.1.5

 

Insert:

Division 2: Eligibility

7 
Subsection 4.1.5.1

 

After “approver is satisfied of”, insert “all”.

8 
After paragraph 4.1.5.1.d

 

Insert:

 

e.

If the member is in the Reserves, that they are performing the majority of their work in the higher duties role.

9 

Section 4.1.6

 

Repeal the section, substitute:

4.1.6    Rate of higher duties allowance

1.

The rate of higher duties allowance that applies to the member is the rate set out in Division 3.

2.

If a member is eligible for more than one rate of higher duties allowance on a day, the member is to be paid the higher rate for that day.

10 

After section 4.1.7

 

Insert:

Division 3: Rate of higher duties allowance

4.1.8    Higher duties position within member’s pay schedule

1.

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

 

a.

They are not eligible for a rate of higher duties allowance set under another section in this Division.

 

b.

They are directed to perform duties of a position that is normally performed by a member at a higher rank that attracts a salary from within the same schedule that applies to the member under DFRT Determination 2 of 2017.

2.

The rate of higher duties allowance is the difference between the following rates of salary.

 

a.

The salary payable to the member.

 

b.

The lowest rate of salary payable to a member holding one rank higher than the member in the same pay grade.

4.1.9    Higher duties position outside member’s pay schedule

1.

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

 

a.

They are not eligible for a rate of higher duties allowance set under another section in this Division.

 

b.

They are directed to perform duties of a position that is normally performed by a member at a higher rank that attracts a salary from outside the pay schedule that applies to the member under DFRT Determination 2 of 2017.

2.

The rate of higher duties allowance is 5% of the salary payable to the member.

4.1.10    Higher duties within the Officer Aviation Pay Structure

1.

This section applies to an officer aviation member who is directed to perform higher duties.

Note:     Section 4.1.4 provides that aviation specialists and officer aviation members in the specialist pathway are not eligible for higher duties allowance.

2.

The rate of higher duties allowance is the difference between the following.

 

a.

The salary payable to the member, inclusive of any salary non-reduction arrangement.

 

b.

The lowest rate of salary for the member’s competency stream within one of the pathways that would apply if the member were to be promoted to one rank above their current rank.

4.1.11    Higher duties within the specialist career structure

1.

This section applies to a member who is paid a salary under schedules B.5, B.6, B.7 or B.8 of DFRT Determination 2 of 2017 and is directed to perform higher duties.

2.

The rate of higher duties allowance is one of the following.

 

a.

If the higher duties are within the member’s specialisation — the difference between the following rates.

 

 

i.

The salary payable to the member.

 

 

ii.

The lowest rate of salary for the member’s competency level at the next rank.

 

b.

If the higher duties are outside the member’s specialisation — 5% of the salary payable to the member.

4.1.12    Member performing duties of a Warrant Officer Class 1

1.

This section applies to a member who holds the rank of a Warrant Officer Class 2 and is directed to perform the duties of a Warrant Officer Class 1.

2.

The rate of higher duties allowance is the difference between the following.

 

a.

The salary payable to the member.

 

b.

The lowest rate of salary for a Warrant Officer Class 1 for the member’s pay grade.

4.1.13    Member to which salary non‑reduction applies

1.

This section applies to a member who a salary non-reduction arrangements apply to.

2.

This section does not apply to a member who meets one of the following.

 

a.

They are an officer aviation member.

Note:     Section 4.1.10 applies to an officer aviation member.

 

b.

They are an officer who held an enlisted rank immediately before becoming an officer.

Note:     Section 4.1.14 applies to an officer who held an enlisted rank immediately before becoming an officer.

3.

The rate of higher duties allowance is 5% of the salary payable to the member.

4.1.14    Member who held an enlisted rank immediately before becoming an officer

1.

This section applies to a member who held an enlisted rank immediately before becoming an officer.

2.

The rate of higher duties allowance is one of the following.

 

a.

If the member’s salary, inclusive of any non-reduction arrangement, is less than the lowest rate of salary payable under DFRT Determination 2 of 2017 to a member holding one rank higher than a member in the same pay grade or transitional salary rate — the difference between the following.

 

 

i.

The salary payable to the member.

 

 

ii.

The lowest rate of salary payable to a member holding one rank higher than the member in the same pay grade.

 

b.

If the member meets one of the following — 5% of the salary payable to the member.

 

 

i.

Their salary, inclusive of any non-reduction arrangement, is more than the lowest rate of salary payable under DFRT Determination 2 of 2017 to a member holding one rank higher than a member in the same pay grade or transitional salary rate.

 

 

ii.

They hold the rank of Captain and are paid under Schedule B.4 of DFRT Determination 2 of 2017.

Note:     Schedule B.4 applies to other rank members who held the rank of Sergeant or above immediately before becoming an officer on or before 30 June 2015.

4.1.15    Member performing duties of a corporal – Army

1.

This section applies to a member who is directed to perform the duties at the rank of corporal and meets all of the following.

 

a.

They are in the Army.

 

b.

One of the following applies.

 

 

i.

They hold the rank of private.

 

 

ii.

They hold the proficiency of private proficient.

2.

The rate higher duties allowance is the difference between the following.

 

a.

The salary payable to the member.

 

b.

The lowest rate of salary payable to a member holding the rank of corporal at their same paygrade.

4.1.16    Member performing duties of a Brigadier or higher

1.

This section applies to a member who is directed to perform the duties of a position normally performed by a member holding the rank of Brigadier or higher.

2.

The rate of higher duties allowance for a member holding the rank of Colonel directed to perform the duties of a Brigadier or a member at the rank of Brigadier directed to perform the duties of a Major General is the difference between the following.

 

a.

The salary payable to the member.

 

b.

The lowest rate of salary payable to the member under section 3.2.20 if promoted one rank higher.

3.

The rate of higher duties allowance for a member holding the rank of Major General acting as a Lieutenant General is the difference between the following.

 

a.

The salary payable to the member.

 

b.

The base salary component of pay point 1 in Schedule B.1 Part 3 of DFRT Determination No. 2 of 2017.

4.1.17    Member performing duties of an APS employee or foreign military force position

1.

This section applies to a member directed to perform one of the following.

 

a.

The duties of an APS position with an SES classification which has been assessed as higher duties.

 

b.

The duties of a position that is normally performed by a higher rank in a position in a foreign military force.

2.

The rate of higher duties allowance for a member performing the duties of an SES Band 1, 2 or 3 position is the difference between the following.

 

a.

The salary payable to the member.

 

b.

One of the following.

 

 

i.

If the member is performing the duties of an SES Band 1 position — the lowest rate of salary payable to a member holding the rank of Brigadier.

 

 

ii.

If the member is performing the duties of an SES Band 2 position — the lowest rate of salary payable to a member holding the rank of Major General.

 

 

iii.

If the member is performing the duties of an SES Band 3 position — the base salary component of pay point 1 in Schedule B.1 Part 3 of DFRT Determination No. 2 of 2017.

3.

The rate of higher duties allowance for a member performing the duties of an APS position not described in subsection 2 or a position in a military force is the difference between the following.

 

a.

The salary payable to the member.

 

b.

The rate of salary that would apply to the member if they were one rank higher than their rank in the ADF.

4.

In this section, SES means Senior Executive Service.

 


 

Schedule 2—District allowance, trainee’s dependant allowance and Army dental officer professional development scheme amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 4.4.11.2 (table item 2)

 

Repeal the item, substitute:

 

2.

meets both of the following:

a. They have accompanied resident family.

b. The accompanied resident family stays at the remote location for the duration of the member’s absence.

more than 30 days.

 

2
Subsection 4.4.11.2 (table item 3)

 

Omit “duty is in another”, substitute “duty in another”.

3
Paragraph 4.8.6.1.a

 

Omit “$42,255.20”, substitute “$45,905.60”.

4
Subsection 4.8.29.2

 

Omit “2023”, substitute “2026”.


Schedule 3—Short absence amendments

Defence Determination 2016/19, Conditions of service

1
After paragraph 5.11.10B.b

 

Insert:

 

c.

They are not on another type of short absence under this Part.

2
Section 5.11.20

 

Repeal the section, substitute:

5.11.20    Limitations

 

A short absence under this Division cannot be taken on any of the following days.

 

a.

A weekend.

 

b.

A public holiday.

 

c.

A day on which the member is taking a full day of leave.

3
Subsection 5.11.23.3

 

Repeal the subsection.

4
Subsection 5.11.27.2

 

Repeal the subsection.

 


 

Schedule 4—Puckapunyal housing trial amendments

Defence Determination 2016/19, Conditions of service

1
Paragraph 1.3.10.e

 

Repeal the paragraph, substitute:

 

e.

An area approved for a member participating in the flexible housing trial under section 7.1.15.

 

2
Paragraph 6.5.5.g

 

Repeal the paragraph.

3
Section 7.1.14 (definition of Puckapunyal housing trial member)

 

Repeal the definition.

4
Section 7.1.17

 

Repeal the section.

5
Paragraph 7.6.34.2.f

 

Repeal the paragraph, substitute:

 

f.

The member is a flexible housing trial member under section 7.1.15 and the home is not suitable for the purpose for which their posting location was extended.

6
Paragraph 7.8.9.3A.d

 

Repeal the paragraph.

 


 

Schedule 5—Education assistance amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 8.4.10.3

 

Omit “$112”, substitute “$118”.

2
Subsection 8.4.11.3 (table)

 

Repeal the table, substitute:

 

Item

Column A

Condition

Column B

Maximum limit

1.

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

$1,644

2.

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

$3,052

3.

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

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

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

$6,105

 

3
Subsection 8.4.14.3

 

Omit “$112”, substitute “$118”.

4
Subsection 8.4.14.4

 

Omit “$826”, substitute “$864”.

5
Subsection 8.4.14.5

 

Omit “$32,432”, substitute “$33,683”.

6
Subsection 8.4. 14.5A

 

Omit “$403”, substitute “$422”.

7
Subsection 8.4.21.1 (Repeal)

 

Repeal the table, substitute:

 

Item

Column A

Purpose

Column B

Maximum reimbursement

Column C

Contribution

1.

Compulsory tuition fees.

$33,683

The higher of the following.

a.  $422.

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

2.

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

$29,375

Either of the following.

a.  For the first year of boarding — $3,191.

b.  For every other year of boarding — $3,606.

3.

If accommodated privately, the cost of board

$17,650

 

8
Subsection 8.4.25.1

 

Omit “$440”, substitute “$467”.

9
Subsection 15.6.11.2 (table)

 

Repeal the table, substitute:

 

Item

Column A

School level

Column B

Annual contribution in AUD

1.

Pre-school

563

2.

Primary school

192

3.

Secondary school

448

4.

Junior college (or similar institution in the USA)

448

 

10
Paragraph 15.6.26.2.b

 

Omit “AUD 32,432”, substitute “AUD 33,683”.

11
Paragraph 15.6.26.3.a

 

Omit “AUD 184”, substitute “AUD 192”.

12
Paragraph 15.6.26.3.b

 

Omit “AUD 428”, substitute “AUD 448”.

13
Subparagraph 15.6.27.2.a.ii

 

Omit “AUD 27,845”, substitute “AUD 29,375”.

14
Subparagraph 15.6.27.2.b.ii

 

Omit “AUD 17,345”, substitute “AUD 17,650”.

15
Subparagraph 15.6.27.3.a.i

 

Omit “AUD 2,944”, substitute “AUD 3,191”.

16
Subparagraph 15.6.27.3.a.ii

 

Omit “AUD 3,345”, substitute “AUD 3,606”.

17
Paragraph 15.6.27.3.b

 

Omit “AUD 3,232”, substitute “AUD 3,606”.

 


 

Schedule 6—Travel and meal allowance 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

28.75

2.

lunch under paragraph 4.5.6.1.d

13.20

3.

any other lunch

32.80

4.

dinner

56.60

 

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

32.10

28.75

2.

lunch

36.10

32.80

3.

dinner

61.50

56.60

 

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

16.05

14.40

2.

lunch

18.05

16.40

3.

dinner

30.75

28.30

 

4
Subsection 9.5.10.2

 

Omit “$54.95”, substitute “$59.10”.

5
Subparagraph 9.5.20.2.d.ii

 

Omit “$10.30”, substitute “$11.50”.

6
Paragraph 9.5.22.2.c

 

Omit “$72.10”, substitute “$80.50”.

7
Subsection 9.5.39.2 (table item 5, column C)

 

Omit “$74.55”, substitute “$80.50”.

8
Section 9.5.40

 

Repeal the section, substitute:

9.5.40    Keeping accommodation while living in on temporary duty

1.

This section applies to a member who has no resident family and meets all of the following.

 

a.

They live out at their housing benefit location.

 

b.

For Service reasons, they must live in during the travel period at a location that is not their housing benefit location.

 

c.

They occupy living-in accommodation for a continuous period of more than 21 days.

2.

The member is eligible for the reimbursement of the reasonable cost of keeping their accommodation in their housing benefit location for the period beyond 21 days.

Note:     This includes the reasonable cost of caretaking or maintenance of any grounds.

9
Subsection 9.5.41.2 (table item 3, column C)

 

Omit “$74.55”, substitute “$80.50”.

10
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

211.00

158.00

2.

Brisbane

241.00

181.00

3.

Canberra

237.00

178.00

4.

Darwin

(April to November)

379.00

284.00

5.

Darwin

(December to March)

223.00

167.00

6.

Hobart

235.00

176.00

7.

Melbourne

231.00

173.00

8.

Perth

220.00

165.00

9.

Sydney

228.00

171.00

10.

High-cost country centres

See Part 2

See Part 2

11.

Medium-cost country centres (see Part 3)

207.00

155.00

12.

Other country centres

188.00

141.00

 

11
Annex 9.5.A Part 2 (table)

 

Repeal the table, substitute:

 

Column A

Location

Column B

Rate ($)

New South Wales

Armidale

165.50

Bourke

183.50

Broken Hill

161.00

Cooma

176.00

Deniliquin

166.50

Dubbo

169.50

Gosford

160.50

Goulburn

171.00

Grafton

176.00

Griffith

158.50

Gunnedah

173.50

Inverell

161.00

Leeton

164.50

Lismore

162.50

Maitland

186.50

Mudgee

188.00

Newcastle

195.00

Nowra

168.00

Orange

201.50

Port Macquarie

190.00

Wagga Wagga

176.50

Wollongong

180.50

Northern Territory

Alice Springs
(April to November)

205.50

Alice Springs
(December to March)

207.00

Katherine
(April to November)

228.00

Katherine
(December to March)

241.50

Yulara
(April to November)

677.50

Yulara
(December to March)

569.50

Queensland

Bundaberg

183.50

Cairns

175.00

Charters Towers

176.00

Dalby

201.00

Emerald

179.00

Gladstone

170.50

Gold Coast

193.50

Hervey Bay

175.00

Kingaroy

188.50

Mackay

165.50

Mount Isa

184.50

Nambour

162.50

Rockhampton

173.50

Roma

182.00

Thursday Island

322.50

Toowoomba

160.50

Townsville

174.00

Warwick

161.50

Weipa

238.00

South Australia

Border Town

164.00

Ceduna

159.50

Mount Gambier

164.00

Whyalla

167.00

Wilpena Pound

222.50

Tasmania

Burnie

178.00

Devonport

160.50

Launceston

173.50

Victoria

Ararat

159.00

Bairnsdale

182.50

Ballarat

186.50

Benalla

167.50

Bendigo

163.50

Bright

180.00

Castlemaine

161.50

Geelong

175.00

Hamilton

169.50

Horsham

164.50

Mildura

166.00

Portland

167.50

Seymour

169.00

Shepparton

166.50

Swan Hill

181.00

Wangaratta

185.50

Warrnambool

167.50

Wonthaggi

187.50

Western Australia

Albany

193.00

Broome

173.00

Bunbury

177.50

Carnarvon

169.50

Dampier

169.00

Derby

192.00

Esperance

180.00

Exmouth

214.00

Geraldton

160.50

Halls Creek

158.50

Kalgoorlie

181.00

Karratha

223.00

Katanning

232.00

Mount Magnet

158.50

Newman

270.50

Northam

213.50

Wyndham

210.50

External Australian Territory

Christmas Island (WA)

217.50

Horn Island (QLD)

345.00

Norfolk Island

202.50

 

12
Annex 9.5.A Part 3 (table)

 

Repeal the table, substitute:

 

Medium-cost country centres

New South Wales

Albury

Bathurst

Coffs Harbour

Moree

Narrabri

Tamworth

Tumut

Queensland

Ayr

Innisfail

South Australia

Naracoorte

Port Augusta

Port Pirie

Victoria

Echuca

Sale

Western Australia

Kununurra

 

13
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

32.10

36.10

61.50

23.00

2.

Medium-cost country centres and other country centres

28.75

32.80

56.60

23.00

 

14
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

907.90

Cooking facilities are provided

508.42

2.

Rental accommodation

-

508.42

 

15
Subsection 15.2A.27.3 (formula)

 

Omit “33.25”, substitute “35.65”.

 


 

Schedule 7—Deployment allowance and additional risk insurance amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 4.10.4.1A

 

Omit “$2,715”, substitute “$2,758”.

2
Subsection 17.7.6.1

 

Repeal the table, substitute:

 

Item

Column A

Operation

Column B

Specified area

Column C

Daily rate of allowance

(AUD)

1.

ACCORDION

Bahrain, Qatar and United Arab Emirates

98.74

2.

ASLAN

South Sudan

181.22

3.

AUGURY

Afghanistan, Iraq and Syria

181.22

Jordan

United Arab Emirates

98.74

4.

FORTITUDE

Egypt, Israel and Jordan

98.74

Lebanon

153.98

Syria

181.22

5.

LILIA

The land, territorial waters and superjacent airspace of the Solomon Islands

98.06

6.

LITTEN

Libyan territorial waters

153.98

7.

MANITOU

The seas and superjacent airspace of:

a.  the Arabian Sea;

b.  the Gulf of Aden;

c.  the Gulf of Aqaba;

d.  the Gulf of Oman;

e.  the Gulf of Suez;

f.   the Persian Gulf;

g.  the Red Sea; and

h.  the Indian Ocean north of Latitude 15 degrees South and west of Longitude 70 degrees East.

This includes the ports adjacent and the area within a 10 kilometre radius of each port.

98.74

8.

MAZURKA

Egypt between the east bank of the Suez Canal and the international boundary between Egypt and Israel established by the peace treaty between Egypt and Israel signed in Washington on 26 March 1979, and an adjoining area extending 5km into Israel.

153.98

9.

OKRA

Iraq and Syria

181.22

Any of the following.

a.  the Kingdom of Bahrain;

b.  Cyprus;

c.  the Hashemite Kingdom of Jordan;

d.  Kuwait;

e.  the Persian Gulf;

f.  the State of Qatar;

g.  the United Arab Emirates; and

h.  the land territory of Türkiye east of Longitude 35° East.

98.74

10.

ORENDA

The land territory and superjacent airspace of Mali

181.22

11.

PALADIN

Egypt, Israel, Jordan

98.74

Lebanon

153.98

Syria

181.22

12.

STEADFAST

Iraq

181.22

13.

Any other operation in accordance with subsection 17.7.5.2

Not applicable.

A rate approved by the Minister for Defence that is between 57.06 and 271.85.

 


 

Schedule 8—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

1
Section 1.3.1 (definition of adult child)

 

After “Immediately before turning 21 years old”, insert “,”.

2
Paragraph 1.3.10.f

 

Repeal the paragraph.

3
Subparagraph 1.3.14.c.ii

 

Omit “unaccompanied”, substitute “accompanied”.

4
Paragraph 1.3.30.b

 

Omit “primary service location and”.

5
Subparagraph 3.3.15.1.a.i

 

Repeal the subparagraph, substitute:

 

 

i.

They believe the member is in a workgroup that is critical, or at risk of being critical, to capability.

6
Subdivision 1 of Division 1 of Part 4 of Chapter 3 (heading)

 

Omit “Sub-division 1”, substitute “Subdivision 1”.

7
Section 3.4.1

 

Omit “the both”, substitute “all”.

8
Paragraph 3.4.6.4.b

 

Omit “receive”, substitute “receives”.

9
Subdivision 3 of Division 1 of Part 4 of Chapter 3 (heading)

 

Omit “Sub-division 3”, substitute “Subdivision 3”.

11
Subsection 3.4.12.2

 

Omit “3.4.2.1” (wherever occurring), substitute “3.4.5.1,”.

10
Subsection 3.4.12.3 (second occurring)

 

Omit “3. If”, substitute “4. If”.

12
Subsection 3.4.13 (note)

 

Omit “3.3.14”, substitute “3.4.14”.

13
Subsection 5.5.17.3 (table item 6)

 

Omit the see note.

14
Subsection 5.5.17.3

 

Omit:

 

“1 July 2010 to 30 June 2011

20 hours a week

1 to 31 March 2011 was non-effective service

 

1 July 2011 to 30 June 2012

30 hours a week”

15
Subsection 5.5.17.3 (table second occurring)

 

Repeal the table.

16
Paragraph 5.9.12.3.a (note)

 

Omit the note.

17
Section 5.11.31 (second occurring)

 

Renumber as section 5.11.32.

18
Section 6.5.33 (heading)

 

Omit “Posting changed or cancelled”, substitute “Primary service location changed”.

19
Paragraph 6.5.33.1

 

Repeal the subsection, substitute:

1.

This section applies to a member if all of the following occur.

 

a.

A removal to the member’s housing benefit location has occurred.

 

b.

The member’s primary service location is changed due to Service reasons.

20
Paragraph 6.5A.11.3.a

 

Before “first vehicle”, insert “the”.

21
Subsection 7.3.23.3

 

Repeal the subsection, substitute:

3.

As the member cannot make an eligible purchase in the locations listed in subsection 2 the following apply.

 

b.

There is no requirement to sell a home in their old location while on posting to one of these locations.

 

c.

The 2-year period for selling a home starts on the date of issue of their next official written notice of posting to another location.

 

d.

If the next posting location is one listed in subsection 2, the time limit extends again.

22
Section 7.5.3

 

Repeal the section, substitute:

7.5.3    Definitions – SAFE scheme

 

In this Part the following apply in relation to the SAFE scheme.

 

Member includes any person eligible for a benefit under subsection 7.5.6.3.

Note:     This has the effect of extending the benefits in this Part to a person granted accommodation under the SAFE scheme.

 

The SAFE scheme means a scheme that provides emergency assistance for persons who cannot remain in their home due to a domestic crisis that may be happening or be threatened.

23
Subsection 7.5.11.2

 

Omit “Defence Housing Australia Regional Operations Manager”, substitute “Toll Transitions Case Manager”.

24
Subsection 7.8.19.2 (formula)

 

Omit the formula, substitute:

 

Title: 7.8.19.2 formula - Description: start formula rent allowance equals rent minus A end formula

 

Where:

 

A

is the member’s contribution set out in Division 3.

25
Section 9.2.15 (table item 2)

 

Repeal the item, substitute:

 

2.

travels alone by air as the most economical means

a.  may have their baggage limit increased by:

i.   up to 3 pieces for journeys to or from Darwin; between a remote location and the nearest capital city; or between a place in an external territory and a place in Australia.

ii.  1 piece for any other journey.

b.  is eligible for reasonable costs for accommodation and meals.

c.  is eligible for reasonable door-to-door travel costs.

 

26
Paragraph 9.2.21.1.b

 

Repeal the paragraph, substitute:

 

b.

A family benefit location.

27
Paragraph 9.4.30.5.a (exception)

 

Repeal the exception.

28
Subsection 15.2A.3.2

 

Omit “either”, substitute “any”.

29
Section 15.2A.11

 

Repeal the section, substitute:

15.2A.11    Eligibility for cost of living adjustment

1.

A member is eligible for a cost of living adjustment for the duration of the posting period overseas.

2.

The member is not eligible for a cost of living adjustment if the member’s post index is 100 or less.

30
Subsection 15.2A.12.1 (exception)

 

Repeal the exception.

31
Subsection 15.3.4

 

Repeal the section, substitute:

15.3.4    Travel for short-term duty while on long-term posting

 

This Division apples to a member who is on a long-term posting overseas and is required to undertake short-term duty to travel between or within overseas countries.

15.3.4A    Member this Division does not apply to

 

This Division does not apply to a member who is undertaking service with the United Nations under Chapter 12 Part 4.

15.3.4B    Benefits while on short-term duty

 

A member on short-term duty while on a long-term posting overseas is eligible for benefits provided under Chapter 13.

32
Section 15.4.8

 

Repeal the section, substitute:

15.4.8    Costs incurred under terms of occupancy

 

A member who is required to pay any of the following under the terms and conditions of their lease is eligible for an amount that is equal to the amount of those payments.

 

a.

Property taxes.

 

b.

Other council payments.

33 
Subsection 15.5.20.1

 

Repeal the subsection, substitute:

1.

This section applies to an eligible person authorised to travel under this Division who is not an in-patient at a hospital.

34 
Paragraph 17.7.7.b (exception)

 

Repeal the exception, substitute:

 

 

Note:     Subsection 17.7.8.3 applies if a member leaves the specified area for a reason which is not related to the deployment.

 


 

Schedule 9—Transitional provisions

1  Definitions

 

In this Schedule, Defence Determination means Defence Determination 2016/19, Conditions of service.

2  District allowance

1.

This clause applies to a member who would have been eligible for district allowance during a period of temporary duty had the change made by item 1 of Schedule 2 applied between 1 July 2023 and the commencement of this Determination.

2.

The member is eligible for district allowance under section 4.4.11 of the Defence Determination while on temporary duty as though the change in item 1 Schedule 2 was in force at the time.

3  Continuation of the Army dental officer professional development scheme

1.

This clause applies to a member who met the conditions set out in subsection 4.8.29.1 of the Defence Determination, as in force immediately before the commencement of this Determination, between 1 July 2023 and the commencement of this Determination.

2.

The member is eligible for the benefits provided by Chapter 4 Part 8 Division 6 of the Defence Determination as though the changes made by item 4 Schedule 2 had been in force at the time.

2  Puckapunyal Housing trial

1.

This clause applies to a member who was a Puckapunyal housing trial member as defined in section 7.1.17 of the Defence Determination, as in force immediately before the commencement of this Determination.

2.

The member is a flexible housing trial member as defined under section 7.1.15 of the Defence Determination, as in force from time to time.

3.

Paragraph 7.8.9.3A.d of the Defence Determination, as in force before the commencement of this Determination, continues to apply to the member as though it had not been repealed by item 4 Schedule 3.

4.

This clause ceases to apply to the member on the earlier of the following.

 

a.

The day the member ceases to meet the criteria of subsection 7.1.17.2 of the Defence Determination, as in force immediately before the commencement of this Determination.

 

b.

The day the member’s housing benefit location changes.

5  Additional Risk Insurance

1.

This clause applies to a member who would have been eligible for additional risk insurance under section 4.10.4 of the Defence Determination between 25 May 2023 and the commencement of this Determination.

2.

The member is eligible for the reimbursement of the additional risk premium for life insurance as set out in item 1 Schedule 7 as though it were in force at the time.

3.

The benefit under subclause 5.2 is reduced by any amount of reimbursement of the additional risk premium for life insurance the member received during the period set out in clause 5.1.

6  Deployment Allowance

1.

This clause applies to a member who would have been eligible for payment of deployment allowance under section 17.7.6 of the Defence Determination, as in force immediately before the commencement of this Determination, between 25 May 2023 and the commencement of this Determination.

2.

The member is eligible for the daily rate of deployment allowance payable for the specified area set out in item 2 Schedule 7 for each day the member performed duty in the specified area.

3.

The benefit under subclause 6.2 is reduced by any amount of deployment allowance the member received during the period set out in clause 6.1.