Commonwealth Coat of Arms

Defence Determination 2005/15

made under section 58B of the Defence Act 1903

Compilation No.    3

Compilation date:   7 April 2016

Includes amendments up to: Defence Determination 2016/13

 

This compilation is in 5 volumes

Volume 1  Chapter 1 – Chapter 3

Volume 2  Chapter 4 – Chapter 6

Volume 3  Chapter 7 – Chapter 11

Volume 4  Chapter 12 – 17

Volume 5  Endnotes

About this compilation

This compilation

This is a compilation of Defence Determination 2005/15, that shows the text of the law as amended and in force on 07/04/2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

 

 

 

This clause is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the aims of Chapter 1.

 

This Chapter contains the following Parts.

 

Part 1

About this Manual

 

Part 2

Determinations that apply in this Manual

 

Part 3

Definitions

 

Part 4

Equivalent ranks and classifications

 

Part 5

Member's rights and obligations

 

Part 6

Payment of entitlements in special circumstances

 

 

This table spells out abbreviations used in Chapters 1 to 17.

 

Abbreviation

Meaning

ADF

Australian Defence Force

APS

Australian Public Service

ATM

Automatic teller machine

CDF

Chief of the Defence Force

CTAS

Career Transition Assistance Scheme

DECA

Defence Enterprise Collective Agreement 2012-2014

DFRDB Act

The Defence Force Retirement and Death Benefits Act 1973

DFRT

Defence Force Remuneration Tribunal

DHA

Defence Housing Australia

GST

Goods and Services Tax

HPAS

Home purchase assistance scheme

HPSEA

Home purchase or sale expenses allowance

kg

kilogram

km

kilometre

MSBS

Military Superannuation and Benefits Scheme

NATO

North Atlantic Treaty Organisation

UK

United Kingdom

UN

United Nations

US or USA

United States of America

VCDF

Vice Chief of the Defence Force

 

This clause is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the style and content of the Manual.

 

This clause is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the structure of the Manual.

 

 

This Part is reserved for publication in the ADF Pay and Conditions Manual of an administrative summary of the information provided about determinations that apply to ADF conditions of service.

 

 

This Division is reserved for publication in the ADF Pay and Conditions Manual of administrative information about the kinds of determinations that apply to ADF conditions of service.

 

 

Defence Determination 2005/15, Conditions of Service, is the main Determination authorising ADF conditions of service within Australia and overseas. It deals with a wide range of ADF conditions of service.

Examples: Leave, location allowances, reimbursement to members of Service-related expenses.

 

This Determination commences on 31 May 2005.

1.

Chapter 1 (other than Part 3 Division 2) applies to all ADF members, including members of the Reserves on Reserve service. Chapter 1 Part 3 Division 2 applies only to members on continuous full-time service.

2.

Chapters 2 to 17 apply only to members on continuous full-time service. This is unless an express intention to deal with another class of person is clear.

Example 1: A member of the Reserves on Reserve service is not entitled to housing assistance under Chapter 7. There is no express intention in that Chapter to apply housing assistance to members other than those on continuous full-time service.

Example 2: A member of the Reserves on Reserve service is entitled to payment of costs for travel on Defence business. Clause 9.5.14 states that this entitlement applies to these members.

Example 3: Some removal and housing entitlements are provided for dependants under Chapters 6 and 7 after the death of a member, or under Chapter 8 for the breakdown of their marriage. The provisions make it clear that the dependants have these entitlements.

3.

These members are on continuous full-time service.

 

a.

A member of the Permanent Forces.

 

b.

A member of the Reserves on continuous full-time service.

4.

A member of the Reserves on Reserve service is not on continuous full-time service.

See: The definitions of continuous full-time service and Reserve service in Chapter 1 Part 3 Division 1.

5.

This Determination may also expressly make any person or class of persons who is a cadet, or who is appointed as an officer or instructor of cadets, eligible for a benefit.

See:
Chapter 4 Part 8 Division 6, Cadet forces allowance
Chapter 11 Part 3, Payment of financial entitlements on death

 

1.

Part 3 of this Chapter defines terms used in Chapters 1 to 17. The definition applies to each use of the term throughout the Chapters, unless it is made clear otherwise.

2.

To avoid doubt, definitions in Chapter 1 Part 3 may apply in relation to a Reserve service member if necessary to determine their eligibility for a benefit.

Note: If an allowance is not normally payable to a member on Reserve service, then the definitions cannot be used to create that eligibility.

Example: An allowance is available to Reserve service members. The allowance rules use a term that is defined in Chapter 1 Part 3. That definition applies to Reserve service members to assist in the interpretation of the allowance rules and assess a member's eligibility.

Non-examples:

 

1.

Recreation leave only applies to members on continuous full-time service and uses terms defined in Chapter 1 Part 3. This rule does not operate to make recreation leave apply to members on Reserve service.

 

2.

Housing assistance is based on a posting location that is a term defined in Chapter 1 Part 3. The housing rules do not apply to Reserve service members. Members cannot use the posting location definition to create a housing benefit for themselves.

 

See: Part 3, Definitions

1.

Reference may be made in Chapters 1 to 17 to any of these forms of legislation. 

 

a.

An Act.

 

b.

A regulation made under an Act.

 

c.

A determination made under any of these provisions.

 

i.

Section 58B of the Defence Act 1903.

 

ii.

Section 58H of the Defence Act 1903.

 

iii.

Subsection 24 (1) of the Public Service Act 1999.

2.

Any such reference is to the Act, regulation or determination as in force from time to time. This is unless it is made clear otherwise.

 

1.

This Part defines terms and explains concepts used in Chapters 1 to 17.

2.

The terms defined in this Part apply to more than one Chapter. Terms with a special definition used only in particular areas are defined in that area.

3.

Special definitions about dependants are in Division 2 of this Part.

4.

Special definitions about overseas conditions of service are in Chapter 12 Part 3.

5.

The Acts Interpretation Act 1901 and the Defence Act 1903 contain definitions of other terms that may apply.

Example 1: The Defence Act 1903 defines cadet, member, officer, remuneration, the Permanent Forces and the Reserves.

Example 2: The Acts Interpretation Act 1901 specifies how to work out periods of time and defines some commonly used words, including Australia, month, calendar year, financial year, the Commonwealth.

6.

Time is expressed using a 24-hour clock system.

Note: Definitions in this Part may apply to Reserve service members. For further information see clause 1.2.12.

See: Part 2 clause 1.2.12, Meaning of words and phrases

 

This Part includes the following Divisions:

 

Division 1

Definitions – general

 

Division 2

Definitions – dependants

 

 

FOR DEFINITIONS RELATING TO DEPENDANTS, SEE CHAPTER 1 PART 3 DIVISION 2

 

WARNING – DIFFERENT DEFINITIONS FOR OVERSEAS CONDITIONS OF SERVICE

The following terms are defined differently for overseas conditions of service:

     long-term posting

     posting location

     posting period

     short-term duty

Those definitions are in Chapter 12.

See: Chapter 12 Part 3, Definitions for Chapters 12 to 17.

 

This Division defines general terms and explains important concepts used in Chapters 1 to 17.

See: Division 2 for definitions and interpretations related to dependants.

 

Act means the Defence Act 1903.

 

A day’s pay means the daily rate of pay that a member of the Reserves is entitled to while they are on Reserve service. The service must be part of their authorised duty commitment.

See: DFRT Determination 15 of 2008, Salaries
Schedule B.1 – Senior officer salary rates
Schedule B.3 Parts 2 and 3 – Officer salary rates
Schedule B.4 Part 2 – Other rank member appointed as officer – transitional salary rates
Schedule B.5 Part 2 – Specialist Officer – Chaplain salary rates
Schedule B.6 Part 2 – Specialist Officer – Dental Officer salary rates
Schedule B.7 Part 2 – Specialist Officer – Legal Officer salary rates
Schedule B.8 Parts 2 and 2A – Specialist Officer – Medical Officer salary rates
Schedule B.10 Part 3 – Warrant Officer Class 1 salary rates
Schedule B.12 Part 2 – Other Rank salary rates
Schedule B.13 Part 2 – Trainee salary rates
Schedule B.14 Part 2 – Specialist Officer – Aviation
Schedule B.15 Part 2 – Senior Officer Specialist – Medical Officer
Schedule B.16 Part 2 – Senior Officer – Dental Officer
Schedule B.17 Part 2 – Senior Officer – Legal Officer
Schedule B.18 Part 2 – Senior Officer – Chaplain

 

1.

For service within Australia – baggage means a member’s personal possessions that meet either of these conditions.

 

a.

They accompany the member by public transport.

 

b.

They are sent by public transport unaccompanied.

2.

For a removal, baggage includes parts of a member’s furniture and effects that they choose not to be carried by a contracted removalist.

 

Cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.

 

Calendar month means a period that meets both these criteria.

 

a.

It starts at the beginning of a day of a month.

 

b.

It ends at either of these times.

 

i.

Immediately before the beginning of the corresponding day of the next month.

 

ii.

If there is no corresponding day in the next month – at the end of the next month.

 

Examples: 12 May 2000 – 11 June 2000; 30 January 2005 – 28 February 2005.

 

Note: This definition is based on the definition in the Acts Interpretation Act 1901.

 

Capital city means Canberra, Darwin or the metropolitan area of the capital city of a State.

 

CDF means the Chief of the Defence Force. This includes a reference to another person that the CDF authorises to act on their behalf.

 

Commonwealth includes a body corporate incorporated for a public purpose by or under a law of the Commonwealth or of a Territory. Commonwealth excludes an incorporated company, society or association.

See section 17 of the Acts Interpretation Act 1901.

 

 

Commonwealth removalist means Toll Transitions Pty Ltd, its subcontractors, agents or employees who provide removal services under a contract with the Commonwealth.

 

Compulsory residency means training in a hospital undertaken by a medical officer as a condition of entry into the medical profession. It does not matter whether or not the medical officer lives in accommodation provided by the hospital.

 

Compulsory retirement age means a member's compulsory retirement age under the Defence (Personnel) Regulations 2002.

1.

Continuous full-time service excludes Reserve service. Members on continuous full-time service are paid an annual rate of salary under DFRT Determination No. 15 of 2008, Salaries. If eligible, they are entitled to the conditions of service under Chapters 2 to 17.

2.

This definition applies to the service performed by these two groups of members.

 

a.

Members of the Permanent Forces.

 

b.

Members of the Reserves who are specifically on a period of continuous full-time service with the Permanent Forces. (To be on continuous full-time service as defined in this clause, the ADF must specifically require a Reservist to perform duty for a period of continuous full-time service.)

See also: Clause 1.3.64 Reserve service.

 

Example: A member joined the Navy in 1990 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2000 to 2004. The member is then called out for continuous full-time service for all of 2005.

 

Item

During the period...

the member was on...

1.

1990 to 1999

continuous full-time service.

2.

2000 to 2004

Reserve service.

3.

2005

continuous full-time service.

 

 

Note: 'Ceasing continuous full-time service' includes all forms of discharge. This includes on retirement, retrenchment, and on completing a period of engagement.

1.

The daily rate of any annual rate means the relevant calculation set out at clause 3.2.7.

See: Chapter 3 Division 1 clause 3.2.7, Calculating and pro rating salary and allowances

2.

If a member is eligible for a daily rate of an allowance determined by the Defence Force Remuneration Tribunal, the rate is listed in the relevant determination.

See: Chapter 3 Division 1 subclause 3.2.7.6, Calculating and pro rating salary and allowances

 

Dentist means a dental practitioner registered under the law of a State or Territory. It includes an ADF dental officer.

 

Deployment means warlike or non-warlike service overseas by members assigned for duty with a UN mission or a similar force.

 

Doctor means a medical practitioner registered under the law of a State or Territory. It includes an ADF medical officer.

 

See: Part 6 clause 1.6.1.

 

Effective date of posting means whichever is the later of these dates.

 

a.

The date in the member's posting order.

 

b.

The date the member starts duty at their new posting location.

 

See also: Posting period

 

Employment includes full-time or part-time work. It does not include voluntary work.

1.

The capacity of a rotary engine is the displacement of the engine according to the specifications of the engine issued by the manufacturer of the vehicle.

2.

The manufacturer of a rotary engine-driven vehicle may not state the displacement of the engine in the specifications. They may state the displacement of the rotor or rotors comprising the engine instead. In this case, the capacity of the engine is taken to be either of these figures.

 

a.

The displacement of the rotor that makes up the engine.

 

b.

The sum of the displacements of the rotors that make up the engine.

 

See: Chapter 1 Part 4.

 

 

The fortnightly rate of any annual rate means the calculation set out at subclause 3.2.7.1 as adjusted by subclause 3.2.74.

See: Chapter 3 Division 1 subclause 3.2.7.1, Calculating and pro rating salary and allowances

 

Gaining location means the posting location to which a member is posted in their posting authority.

 

For the purpose of a medical absence, a health professional means:

 

a.

A registered medical or dental practitioner who provides services as a Defence member, Australian Public Service employee or otherwise under an agreement in place with Defence.

 

b.

A registered medical practitioner.

 

c.

Any of the following persons who are competent, credentialed and authorised by Surgeon General Australian Defence Force to perform an extended role.

 

i.

A Nursing Officer.

 

ii.

A Nurse Practitioner.

 

iii.

An Advanced Medical Assistant (AMA) or Advanced Medical Technician (AMT).

 

iv.

A Clinical Manager (CM).

1.

This table lists the home port for different members.

 

Item

If the member was recruited in...

and the member is in the...

the member's home port is...

1.

South Australia

Navy

Adelaide.

 

Army, posted to a seagoing ship

2.

Queensland

Navy

Brisbane, Cairns or Townsville.

 

Army, posted to a seagoing ship

Brisbane or Townsville.

3.

New South Wales

Navy

Sydney or Nowra.

 

Army, posted to a seagoing ship

Sydney.

4.

Victoria

Navy

Melbourne.

 

Army, posted to a seagoing ship

5.

Tasmania

Navy

Hobart.

 

Army, posted to a seagoing ship


Item

If the member was recruited in...

and the member is in the...

the member's home port is...

6.

Western Australia

Navy

Fremantle.

 

Army, posted to a seagoing ship

Perth.

7.

Northern Territory

Navy

Darwin.

 

Army, posted to a seagoing ship

8.

Australian Capital Territory

Navy

Canberra.

 

Army, posted to a seagoing ship

 

2.

Where there is more than one option in column 4 of the table in subclause 1, the CDF may decide which of the options will apply. The CDF must have regard to both these criteria.

 

a.

Where the member was enlisted or appointed.

 

b.

The efficient operation of Defence.

3.

A member may apply to have a location listed in this table approved as their home port.

 

Item

If the member is…

then the locations that may be selected are…

1.

a member of the Navy

Adelaide

Brisbane

Cairns

Canberra

Darwin

Fremantle

Hobart

Melbourne

Nowra

Sydney

Townsville

2.

a member of the Army posted to a seagoing ship

Adelaide

Brisbane

Canberra

Darwin

Hobart

Melbourne

Perth

Sydney

Townsville

 

4.

The CDF may approve the application. The CDF must consider all of these criteria.

 

a.

Where the member was enlisted or appointed.

 

b.

The member's needs.

 

c.

The efficient operation of Defence.

 

For a seagoing ship, home port means the port from which the ship regularly operates for a period of more than one year.

 

Leave year means a year beginning on 1 July.

 

 

Legal officer means an officer who is, or is eligible to be, admitted as a barrister or solicitor of the High Court or the Supreme Court of a State or Territory. This does not include an officer who is a Judge of the Federal Court or a Judge of a court of a State or Territory.

 

Living in means occupying living-in accommodation.

 

Living-in accommodation means either of these forms of accommodation.

 

a.

A barracks or similar kind of residential accommodation that meets both these conditions.

 

i.

It is owned or controlled by the Commonwealth.

 

ii.

It is provided primarily for the use of members without dependants.

 

b.

Accommodation like that described in paragraph a. that a foreign government or other organisation provides for members without dependants.

 

Living out means not living in.

See: Clause 1.3.32, Living in

 

For service within Australia, location of residence means an area surrounding a member's residence. It is the area defined by the distance the member can travel from their residence and back, door to door. The distance is the greater of these two distances.

 

a.

How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport.

 

b.

30 km each way by public road.

 

See also: Clause 1.3.52 Posting location – within Australia

1.

Within Australia – long-term posting means a period of duty that the member's Service has directed to be for more than six months.

2.

For duty overseas – see Chapter 12 Part 3 clause 12.3.9 Long-term posting overseas.

 

 

This table defines losing location for a member granted a removal.

 

Item

If the member is…

then their losing location is
the location in Australia…

1.

a member with dependants on their first removal after joining or rejoining the Permanent Forces

of the current or last permanent home of their dependants when they joined or rejoined.

2.

any other member with dependants

to which they were last granted a removal for their dependants.

3.

a member with dependants (unaccompanied)

4.

a member without dependants

to which they were last granted a removal.

1.

Meal costs include compulsory service charges and taxes, such as goods and services tax (GST).

2.

Meal costs exclude these items.

 

a.

Voluntary tips.

 

b.

The cost of alcoholic drinks.

 

Meal period means one hour beginning at these times.

 

a.

0700 hours for breakfast.

 

b.

1300 hours for lunch.

 

c.

1900 hours for dinner.

 

Medical absence is the term used to describe the period for which a member is granted leave to be absent from duty for health reasons.

Related Information: Chapter 5 Part 1B, Medical absence from duty

 

Member has the same meaning as in sections 4 and 58A of the Defence Act 1903.

Section 4 of the Act: ' Member includes any officer, sailor, soldier and airman.'

Section 58A of the Act: 'Member includes a person who has ceased to be a member, whether by reason of death or otherwise.'


 

See also:

 

a.

Part 2 clause 1.2.11. This clause restricts the application of Chapters 1 to 17 to existing ADF members on continuous full-time service. This is unless a provision makes it clear that the provision applies to members on Reserve service, or former members.

 

b.

The definitions of continuous full-time service and Reserve service in this Part.

 

Member of a cadet force means any of these persons.

 

a.

An officer or cadet in a cadet force.

 

b.

A person who is appointed under regulation 5 of the Cadet Forces Regulations 1977 as an instructor in a cadet force.

 

See: Cadet Forces Regulations 1977

 

Member undergoing recategorisation training means a member who is in the following circumstances.

 

a.

The member commences training in a capacity listed in Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries.

 

i.

For Permanent Force members and Reserve Force members on continuous full-time service — Part 1 of Schedule B.13.

 

ii.

For Reserve Force members — Part 2 of Schedule B.13.

 

b.

Immediately before the start of the training, salary was payable to the member under a schedule to DFRT Determination No. 15 of 2008, Salaries, other than Schedule B.13.

 

Note 1: These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 clause 3.2.22.

 

Note 2: This definition does not apply to new entrants to the ADF who have only ever been on a trainee rate of salary under Schedule B.13.

See:
Clause 1.3.70, Trainee
Chapter 3 Part 1 Schedule B.13, Trainee salary rates
Chapter 3 Part 2 Division 2 clause 3.2.22, Salary – member undergoing recategorisation training

 

See: Calendar month

 

 

Non-warlike service means both these kinds of service for the purposes of the Veterans’ Entitlements Act 1986.

 

a.

Service with a peacekeeping force for the purposes of Part IV.

 

b.

Hazardous service for the purposes of section 120.

 

See: Chapter 9 Part 1 clause 9.1.4.

1.

There are no minimum prescribed working hours for the ADF. Members on continuous
full-time service are paid on a 24-hour day, seven-day week basis.

2.

There is no such thing as payment for overtime. However, commanders set a normal working day taking account of normal community standards, operational requirements and occupational health and safety factors.

 

For a deployment, operational area means the operational area specified for the deployment in Annex 17.9.A.

 

Own home is defined in Chapters 6 and 7.

See:

Chapter 6 Part 2 Home sale or purchase
Chapter 7 Part 1 Division 3, Definitions and key concepts.

 

Paid leave means a period of leave when a member is entitled to salary.

 

Pay grade means the pay grade for a member under DFRT Determination No. 15 of 2008, Salaries.

 

Pay to the Commonwealth means a member's obligation to pay (or repay) money to the Commonwealth. This is if the member incurs a debt or liability to the Commonwealth.

Example 1: The member has been overpaid an entitlement.

Example 2: The member is liable to contribute money towards the cost of a particular conditions of service benefit that the Commonwealth provides to them.

 

Period of prospective service has the same meaning as in Part 8 of the Military Superannuation and Benefits Act 1991.

Note: The definition in that Act reads as follows.

"period of prospective service, in relation to a member to whom retention benefit is payable or has been paid, means the period:

 

(a)

commencing:

 

(i)

if the member is or was, at the time when the benefit becomes or became payable, subject to a return of service obligation—immediately after the end of the period of service that the member is required to complete because of that obligation; or

 

(ii)

if subparagraph (i) does not apply—on benefit computation day in relation to the member; and

 

(b)

ending at the end of:

 

(i)

the day on which the member will, if he or she does not cease beforehand to serve in the Permanent Forces:

 

(A)

complete 20 years of continuous eligible service; or

 

(B)

if, at the time when, or at any time after, the benefit becomes or became payable, the member is, or was, subject to a return of service obligation—complete a period of continuous eligible service that, excluding the period of service that the member is required to serve because of that obligation, is equal to 20 years; or

 

(ii)

the day on which the member will reach his or her retiring age;

 

 

whichever occurs first."

1.

A personal location is a location in which the member's dependants choose to live.

Exception: The location where the member lives cannot be a personal location.

2.

Not all situations where dependants live in a personal location attract the same benefits.

 

a.

A benefit may be made available to a member on compassionate grounds. If the member satisfies any eligibility requirements for that benefit and the member's dependants live in a personal location, that personal location is known as a personal location where benefits are provided. 

 

 

Example: A member's dependants need to live near a children's hospital while the member's child undergoes chemotherapy. The member meets the compassionate test for every benefit that can apply and lives in a personal location where benefits are provided.

 

b.

A benefit may be expressed as not applying in relation to a member with dependants in a personal location. The member and dependants are not eligible for that benefit.


3.

A personal location may be inside or outside of Australia. A personal location outside of Australia attracts a more limited level of benefits.

 

Related Information: Chapter 8 Part 3A, Member with dependants (unaccompanied) summary has more information about removal and housing for members in different situations.

1.

For service within Australia, posting location means an area surrounding a member's normal place of duty. It must be one of these areas.

 

a.

An area defined by the distance the member can travel from their usual residence to their normal place of duty and back, door to door. The distance is the greater of these two distances.

 

i.

How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport available during their normal hours of duty.

 

ii.

30 km each way on the most direct route by public road.

 

 

Notes:
1. This may not necessarily be the quickest route to travel.
2. This subparagraph displaces the general principle in section 35 of the Acts Interpretation Act 1901.

 

b.

An area greater than the area described in paragraph a. that the member proposes and the CDF approves. Approval may only be given if the CDF is satisfied that both these criteria are met.

 

i.

The member’s daily attendance for duty would not be affected by any additional travelling time.

 

ii.

The member commutes daily to their normal place of duty.

 

c.

Any greater area in which a Service residence is located, if the Service residence is made available for members serving at the member's normal place of duty. 

2.

This subclause applies to a member with dependants (unaccompanied) or a member who is posted to a seagoing ship. Their posting location includes a location that their dependants live in.

 

See also: Clause 1.3.34, Location of residence – within Australia.

 

Related Information:

While this definition sets the posting location for most benefits, some members may get benefits based on other locations.

See: Chapter 7 Part 1 Division 3 clause 7.1.15, Posting location

 

See: Clause 12.3.15, Posting location.

 

1.

For service within Australia, a member's posting period starts on the day they begin duty at a posting location and ends on the day they finish duty there. This is subject to subclauses 2 to 6.

2.

The posting period starts on the day the member arrives at the location if they arrive on any of these days.

 

a.

A Saturday, Sunday or public holiday immediately before the day they begin duty.

 

b.

A day during a period of paid leave immediately before the day they begin duty.

 

c.

The day they are granted a removal to the location, or any later day.

3.

The member’s dependants may be granted a removal to the posting location and arrive there before the member. In this case, the posting period starts on the day the dependants arrive.

4.

The posting period ends on the day the member leaves the location, if they leave on any of these days.

 

a.

A Saturday, Sunday or public holiday immediately before the day they finish duty.

 

b.

A day during a period of paid leave immediately before the day they finish duty.

 

c.

The day they are granted a removal from the location, or any later day.

5.

The member’s dependants may be granted a removal from the posting location and depart after the member. In this case, the posting period ends on the day the dependants depart.

6.

The CDF may decide it is reasonable for a member's posting period to start on an earlier day or end on a later day. The CDF must consider all these criteria.

 

a.

The circumstances of the member’s removal to or from the location.

 

b.

The number, age, gender and circumstances of the member’s dependants.

 

c.

The availability of rental accommodation at the location.

 

d.

Any other factor relevant to the posting.

 

Note: Other Chapters have specific provisions about when particular entitlements start and stop. These provisions override this definition for those entitlements.

Examples: Maritime disability allowance, ADF district allowance and housing assistance.

 

See: Clause 12.3.16, Posting period overseas.

 

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

Examples: Cars, trucks, motor cycles (and sidecar), motor scooters.

Non-examples: Recreational or hobby vehicles that cannot be registered.

 

 

The CDF may determine that a member died on a particular date. The relevant conditions of service apply as if the member had died on that date.

See also:
Part 6 clause 1.6.4, Payment of amounts on death of a member.
Chapter 3 Part 2 Division 1 clause 9, Death or presumed death of member.

 

Public holiday means a day, or part of a day, that a member is entitled to take as a public holiday under Chapter 5 Part 10, Public holidays – Australia.

 

Public transport means transport available to the public by regular services over fixed routes.

1.

Rank includes both these meanings.

 

a.

Equivalent rank under Part 4 clause 1.4.1.

 

b.

Substantive, acting (paid), temporary, provisional and probationary rank.

2.

Rank does not include either of these meanings.

 

a.

Unpaid acting rank.

 

b.

Honorary rank.

 

Refitting port means the port where a ship refits, if this is different from the ship’s home port, clause 1.3.28.

 

Remote location means a location listed in Annex 4.4.A.

 

Removal means a removal by a Commonwealth removalist.

See: Clause 1.3.12, definition of Commonwealth removalist.

 

1.

Reserve service means part-time service by a member of the Reserves. Members on Reserve service are paid a daily rate of salary under DFRT Determination No. 15 of 2008, Salaries.

See: DFRT Determination 15 of 2008, Salaries

Schedule B.1 – Senior Officer salary rates

Schedule B.3 – Officer salary rates

Schedule B.4 – Other rank member appointed as officer – transitional salary rates

Schedule B.5 – Specialist Officer – Chaplain salary rates

Schedule B.6 – Specialist Officer – Dental Officer salary rates

Schedule B.7 – Specialist Officer – Legal Officer salary rates

Schedule B.8 – Specialist Officer – Medical Officer salary rates

Schedule B.10 – Warrant Officer Class 1 salary rates

Schedule B.12 – Other rank member salary rates

Schedule B.13 – Trainee salary rates

Schedule B.14 – Specialist Officer – Aviation

Schedule B.15 – Senior Officer Specialist – Medical Officer

Schedule B.16 – Senior Officer – Dental Officer
Schedule B.17 – Senior Officer – Legal Officer
Schedule B.18 – Senior Officer – Chaplain

See also: Chapter 3 Part 2 Division 1, About salaries

2.

Members on Reserve service are not on continuous full-time service. This is so even if they serve for a continuous number of days of Reserve service. To be on continuous full-time service as defined in clause 1.3.15, the ADF must specifically require them to perform duty for a period of continuous full-time service.

See: Clause 1.3.15, Continuous full-time service.

 

Example: A member joined the Navy in 1990 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2000 to 2004. The member is then called out for continuous full-time service for all of 2005.

 

Item

During the period...

the member was on...

1.

1990 to 1999

continuous full-time service.

2.

2000 to 2004

Reserve service.

3.

2005

continuous full-time service.

 

3.

Members on Reserve service are not entitled to many of the conditions of service under Chapters 2 to 17. They are entitled to other conditions of service only under limited conditions. Some conditions of service are provided only for members on Reserve service.

Example 1: Members on Reserve service are not entitled to leave under Chapter 5.

Example 2: Members on Reserve service are entitled to payment of costs for travel on Defence business. Chapter 9 Part 5 Division 2 clause 9.5.14 states that this entitlement applies to these members.

 

 

For the purpose of leave and travel, a restricted destination is a location that the CDF has directed is a restricted destination.

See: Chapter 5 Part 1A Division 1, Leave to travel to a restricted destination

 

Return of service obligation means a period of service determined by the relevant Service Chief under the Defence (Personnel) Regulations 2002. It is period of service a member must complete in return for some kinds of service opportunities.

Examples:

 

a.

Undergoing expensive training.

 

b.

Getting marketable skills through Service training.

 

c.

Being employed on special duties.

 

d.

Serving outside Australia.

 

e.

Travelling to Australia with any dependants at Commonwealth expense if the member has joined the ADF from outside Australia.

 

Seagoing ship has the same meaning as in DFRT Determination No. 11 of 2013, ADF allowances, as amended.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9, published at Chapter 4 Part 2 Part B Division B.9 clause B.9.2, Definitions.

 

Seagoing submarine has the same meaning as in DFRT Determination No. 11 of 2013, ADF allowances, as amended.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9, published at Chapter 4 Part 2 Part B Division B.9 clause B.9.2, Definitions.

 

Serious illness has the following meanings.

 

Item

For...

serious illness means an illness or injury that could...

1.

compassionate leave

See: Chapter 5 Part 7 Division 2

endanger the member's life.

2.

Australians dangerously ill scheme

See:
Chapter 9 Part 3 Division 7A
Chapter 17 Part 3A

do any or all of the following.

a. Endanger the person's life.

b. Significantly disable the person.

c. Materially affect the person' future life.

Note: A serious illness can include a mental health condition.

 

Service residence means residential accommodation provided by the Commonwealth. It does not include living-in accommodation.

See: Chapter 7 Part 3

1.

Within Australia - short-term duty means a period of duty that the member's Service has directed to be for six months or less.

2.

For duty overseas – see Chapter 12 Part 3 clause 12.3.18, Short-term duty overseas.

 

Trainee means a new entrant to the ADF who is on a trainee salary. This means a rate of salary under Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries.

 

Note: This definition does not apply to existing members of the Permanent Forces who are undergoing a form of in-service training mentioned in Schedule B.13. These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 clause 3.2.22. They are defined as members undergoing recategorisation training.

See: Clause 1.3.41, Member undergoing recategorisation training

 

Training commitment means an obligation for a member to do specified reserve service for a specified period. The obligation is created under regulation 100 of the Defence (Personnel) Regulations 2002.

Note: That regulation reads as follows.

 

"(1)

A Chief may determine a training period for each category of the Reserves in the Chief's Service.

 

(2)

A Chief may determine requirements for the training that is to be carried out during a training period.

 

(3)

A Chief may determine that a member is not required to comply with a requirement determined under subregulation (2).

 

(4)

A member is bound to render, in each training period, service for the required period.

 

 

Note 1   See regulation 69.

 

 

Note 2   Different training periods, or training requirements, may be determined for:

 

(a)

different parts of the categories of the Reserves; or

 

(b)

different classes of members of the Reserves; or

 

(c)

different periods.

 

 

See: Acts Interpretation Act 1901, subsection 33 (3A)."

 

 

Travel card means a charge card that the Department of Defence provides to a member. The member can use the card for any of these purposes, up to the specified monetary limits.

 

a.

To pay accommodation, meals and incidental costs directly on behalf of the Commonwealth.

 

b.

To get a cash advance to pay for accommodation if the travel card cannot be used to pay for the accommodation.

 

c.

To get a cash advance to pay for meals and incidentals.

 

Note: The travel card is a Diner’s Club card. When the member pays for their Defence travel with the card, the cost is charged direct to the Commonwealth.

Example: A hotel does not accept the travel card as the method of payment for a member's accommodation. The member could use the card to withdraw cash at an ATM, pay for the accommodation and get a receipt for their stay.

See: Defence Travel Management site.

 

Very serious illness means an illness or injury of such severity that life is imminently endangered.

 

Warlike service means service in the Defence Force of a kind determined as warlike service for the purposes of the Veterans’ Entitlements Act 1986.

 

See: Section 5C of the Veterans' Entitlements Act 1986

 

 

FOR OTHER DEFINITIONS, SEE CHAPTER 1 PART 3 DIVISION 1

 

WARNING – DIFFERENT DEFINITION FOR OVERSEAS CONDITIONS OF SERVICE

The following term is defined differently for overseas conditions of service:

dependant

That definition is in Chapter 12.

See: Chapter 12 Part 3, Definitions for Chapters 12 to 17.

 

Marriage includes a recognised de facto marriage. Date of marriage includes the date on which the ADF recognises a de facto marriage.

 

Child includes all these children.

 

a.

Children of the member.

 

b.

Children of the member's spouse or interdependent partner.

 

c.

Adopted children.

 

d.

Stepchildren.

 

e.

Wards.

 

Note: To be considered a dependant of the member, a child must meet the tests in clause 1.3.78 or 1.3.79

1.

Any of these persons who normally lives with a member is the member's dependant.

 

a.

The member's spouse.

 

b.

The member's interdependent partner, if that relationship is recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships.

 

c.

The member's dependant child.

Note: This includes dependent children of the member's spouse or interdependent partner – see the definition of dependent children in clause 1.3.78.

See: subclause 1.3.78.2 for the meaning of 'normally live with the member' in the case of a dependent child.


 

d.

A person acting as a guardian or housekeeper, if the member has a dependent child and any of these other conditions is met.

 

i.

The member has no spouse or interdependent partner.

 

ii.

The member's spouse or interdependent partner is an invalid or has a disability.

 

iii.

The member's spouse or interdependent partner is a member serving at another posting location.

 

e.

A person who has an interdependency relationship with the member that is recognised by the CDF under clause 1.3.79.

See: Clause 1.3.79, CDF-recognised dependants.

2.

For duty overseas – see Chapter 12 Part 3 clause 12.3.5, Dependant.

3.

A person who applies to be recognised as an interdependent partner of a member between 1 December 2005 and 1 February 2006 is to be taken to have been a dependant for the purposes of paragraph 1.b. from 1 December 2005, if the CDF determines that the person would have met the interdependency and residency related conditions for recognition, had they been able to be assessed on that date.

 

Spouse, for a member, means a person who is married to the member in accordance with the Marriage Act 1961.

1.

A member's interdependent partner, if the member's relationship is recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships or under subclause 1.3.76.3. This may also be known as partner.

2.

The following positions may approve an interdependent partnership in exceptional circumstances, in accordance with Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships.

 

a.

Director General Navy People.

 

b.

Director Navy Personnel Policy.

 

c.

Director Navy Employment Conditions.

 

d.

Director General Personnel – Army.

 

e.

Director Personnel Policy – Air Force.

 

f.

Deputy Director Personnel Policy – Air Force.

 

g.

Deputy Director Service Conditions – Air Force.

 

h.

...

 

 

This term may be used interchangeably with the term 'interdependent partner'. It has the same meaning as that term in clause 1.3.77A.

See: Clause 1.3.77A, Interdependent partner

1.

A child is a dependent child if they meet all these conditions.

 

a.

They are a child of the member or the member's spouse or the member's interdependent partner.

 

b.

They normally live with the member.

See: Subclause 2 for the meaning of 'normally live'.

 

c.

They are under 21 years old.

Exception: This age limit does not apply if the child is an invalid or infirm.

Note: No means test is applied in assessing whether a child is a dependant.

2.

A child normally lives with a member if one of these conditions is met.

 

a.

The child is provided with overnight care in the member's home at their posting location for at least 90 nights a year.

 

b.

The child is only absent from the member's home because the child is in full-time education. This can be primary, secondary or undergraduate tertiary education.

Example: A degree or TAFE course.

 

c.

The CDF recognises that the child is expected to live with the member at their posting location on a frequent and regular basis. The CDF must consider all these criteria.

 

i.

The arrangements for the child's contact or residence with the member.

 

ii.

The member's access to the child.

 

iii.

The distance and transport between the child's location and the member's location.

 

iv.

The nature and extent of the member's duty commitments.

 

v.

Other factors that may be relevant to the relationship of the child and the member.

 

1.

...

2.

The CDF can recognise a person as a dependant on the basis that the person has an interdependency relationship with a member. The CDF must have regard to these factors.

 

a.

The person has a close personal relationship to the member. The CDF may consider circumstances, including but not limited to, any of the following.

 

i.

Whether the dependency relationship is permanent, including evidence that the parties intend the relationship to be permanent.

 

 

Example: A non-dependent child who is orphaned may be recognised as a dependant when the member applies to adopt the child.

 

ii.

Ownership, acquisition and use of property.

 

iii.

The degree of mutual commitment to a shared life.

 

iv.

The care and support of children.

 

v.

The reputation and public aspects of the relationship.

Example 1: A statutory declaration that the relationship is one of interdependency.

 

vi.

The degree of emotional support.

 

b.

The person lives with the member.

Exception: The person is unable to live with the member because of an intellectual, physical or psychiatric disability.

 

c.

The member provides the person with substantial financial support.

Non-example: A self-funded retiree in good health with their own home is not a dependant.

 

d.

One or each of them provides the other with interdependent support and personal care.

Example 1: A parent of the member or spouse. The parent is of pensionable age and suffering from a disabling illness. They are dependant on the member to provide a home and aged care.

Example 2: Evidence from doctors or specialists may show the person has medical conditions or disabilities for which the member provides care.

2A.

If it is reasonable having regard to any Service requirements, the CDF may recognise a person who does not normally live with the member as a dependant for conditions of service purposes, if the person could be recognised as a dependant under paragraph 1.3.76.1.a or 1.3.76.1.b had they normally lived with the member.

See: Subclause 1.3.76.1, Dependants


2B.

The CDF may recognise a member's live-in carer as a dependant for one or more of the benefits listed in the following table if satisfied that both the following circumstances apply.

 

a.

The live-in carer is for the member.

 

b.

The live-in carer is included on the member's rehabilitation plan.

 

Item

Benefit

Reference

1.

Removal

Chapter 6 Part 6

2.

Service residence

Chapter 7 Part 5

3.

Rent allowance

Chapter 7 Part 6

 

 

Note: The recognition of a live-in carer as a dependant ceases when the member no longer needs the carer.

3.

The CDF must not recognise a person as a dependant under this clause if they are satisfied that any of these circumstances apply.

 

a.

The person's relationship with the member is one of mere convenience.

Example 1: A member's 25-year-old child who is unemployed lives with the member for reasons of convenience, not interdependency.

Example 2: A person who acts as a housekeeper or guardian to a dependent child, when the member and spouse live together and are both working.

Example 3: A parent of the member or spouse. The parent is of pensionable age and looks after the member's children at the member's home but is otherwise able to live independently.

 

b.

There is alternative support, care or accommodation available to the person.

Example: A member looks after their grandchild while the child's mother is on holiday overseas. The child's father is working but does not want to pay for child care. The CDF determines that the child is not a dependant of the member since the child's parents remain responsible for the child's care and support.

Non-example 1: A member's grandchild has been orphaned. The member has assumed primary care of the child and has legal guardianship. The child has no other source of care or support. The CDF determines that the grandchild is a dependant of the member.

Non-example 2: A member's son has become permanently incapacitated after a car accident. The member's son was the primary carer of his child. The member has assumed care of their grandchild because they are the child's closest relative and have applied for legal guardianship. The CDF determines that the child has no other source of care or support, and is a dependant of the member.

 

c.

The person is a resident child carer to the member's family but is not otherwise a dependant of the member.

See: Chapter 7 Part 1 Division 3 clause 7.1.14, for the definition of resident child carer.

4.

The member may make their own arrangements for a person who is not recognised as a dependant under this Division but the Commonwealth may not provide dependant benefits under this Determination in relation to that person.

 

1.

A member with dependants means a member who provides and lives in a home at their posting location with at least one dependant.

1A.

A member with a dependant recognised under subclause 1.3.79.2A is recognised as a member with dependants even if the dependant does not normally live with the member.

Exception: If the circumstances on which the dependant was recognised change, this subclause ceases to apply.

 

Example: A member couple are unable to form a common household as a de facto couple because they have not been granted the posting to adjacent locations that they requested. They are recognised as dependants for the period of the posting. However, the couple separate after eight months. From that point on, the interdependency relationship ceases and the two members are no longer recognised as member with dependants.

See: Subclause 1.3.79.2A, CDF recognised dependants

2.

A member with dependants (unaccompanied) is a subset of the category defined as a member with dependants.

1.

A member with dependants (unaccompanied) is a member who meets the conditions set out for that category in Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied).

See: Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied)

2.

The purpose of the member with dependants (unaccompanied) category is described in clause 8.3A.3.

See: Chapter 8 Part 3A Division 1 clause 8.3A.3, Purpose

3.

The package provided to a member with dependants (unaccompanied) and their dependants may recognise the additional costs of maintaining dependants in two locations. It may include benefits such as the following. 

 

a.

Fully-subsidised accommodation for the member at the member's duty location.

 

b.

Reunion travel, food and utilities, and separation allowances.

 

c.

Partly-subsidised accommodation for the dependants.

 

d.

Removal at Commonwealth expense.

 

See: Chapter 8 Part 3A Division 1 clause 8.3A.6, Member who may be classified as a member with dependants (unaccompanied)

1.

In this clause a decision maker means one of the following.

 

a.

Director General Defence Community Organisation.

 

b.

Director National Operations Defence Community Organisation.

2.

A dependant with special needs is a person who meets both of the following conditions.

 

a.

The decision maker has recognised the person for conditions of service purposes under subclause 4.

 

b.

The dependant has been assessed or recognised for the purpose of a condition, in accordance with the following table.

 

Item

Special needs condition

Person who must assess or recognise the condition

 The dependant must meet these qualifying criteria

1.

Physical.

A specialist medical practitioner.

Not applicable.

 

2.

Intellectual.

3.

Sensory.

4.

Multiple impairments.

5.

Medical condition, illness or disability.

6.

Speech or language disorders.

Either of the following.

a.

A specialist medical practitioner.

b.

A paramedical practitioner.

Example: A speech therapist.

7.

Social, emotional or behavioural.

Either of the following.

8.

Specific learning difficulties.

a.

A specialist medical practitioner.

b.

A psychologist.

9.

Academically gifted or talented.

A psychologist with qualifications and experience in assessing children.

The child must achieve a score at or above the 95th percentile on either of the following.

a.

Any individual or group IQ test.

b.

A subscale of an individual IQ test.

 

3.

A member must do all of the following to have a dependant recognised as a dependant with special needs.

 

a.

Apply using Form AC 832.

 

See: Annex 1.3.A, Application for recognition of member with dependant with special needs (AC 832)

 

b.

Include copies of relevant supporting documents with the application.

 

c.

Send the completed application to the Defence Community Organisation.


4.

The decision maker will decide if the member's application for the recognition of a dependant with special needs is approved or not approved. A letter stating the decision will be forwarded to the following people.

 

a.

The member.

 

b.

The member's unit.

 

 

Defence Housing Australia.

 

d.

The career managers of the member's Service.

5.

Recognition under this clause is valid until the circumstances on which the application was granted change. The member must advise the Defence Community Organisation in writing of any change that may affect eligibility.

 

A member without dependants is a member who does not meet either of these definitions.

 

a.

The definition of a member with dependants under clause 1.3.80.

 

b.

The definition of a member with dependants (separated) under clause 1.3.81.

 

Example 1: The member has no recognised dependants.

 

Example 2: The member lives in an interdependent relationship not recognised by the ADF.

See:

Clause 1.3.81, Member with dependants (unaccompanied)

Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied)

 

Example 3: The member does not provide a home for recognised dependants.

 

Example 4: The member provides a home for dependants, but chooses not to live with them for personal reasons.

 

Example 5: Two members marry or have an interdependent partnership recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships, and both of these conditions are met.

a. Each member in the couple is posted to a different location.

b. They have not established a home together in one of the posting locations.

 

A member's spouse or interdependent partner who is not a member.

 

See: Chapter 1 Part 3 Division 2 Clause 1.3.82

 

 

Copy of:
Application for recognition of member with dependant with special needs (AC 832)

1.

In Chapters 1 to 17, a reference to a rank is a reference to an Army rank. It includes a reference to the equivalent rank in the Navy and Air Force. This is unless it is made clear otherwise.

Note: This is consistent with long-standing Defence practice whereby Army ranks are used, often followed by the letter (E) for Equivalent rank. To simplify and save space, the text does not include the (E) symbol. Where there is a reference to the three Services, the normal order is followed – Navy, Army, Air Force.

2.

Equivalent rank means the corresponding rank set out under Regulation 8 of the Defence Force Regulations 1952.

1.

A Chaplain who holds a fixed tenure appointment is taken to hold the rank set out in this table.

 

Item

If a Chaplain's classification is…

then they are taken to have the rank of…

1.

Division 1

Captain

2.

Division 2

Major

3.

Division 3

Lieutenant Colonel

4.

Division 4

Colonel

5.

Division 4 – Head of Denomination

Colonel

6.

Division 5

Brigadier

 

2.

A Chaplain who holds an indefinite appointment is taken to hold the same rank as an officer on the same rate of salary as the Chaplain.

 

Note: This clause is a deeming provision that allows Chaplains to get pay and conditions, as they hold honorary rank only.

 

A member must meet certain obligations when they have an entitlement. This Part sets out those obligations.

1.

Members are responsible for keeping themselves informed about their entitlements.

2.

This clause applies if a member or their dependants meet both these conditions.

 

a.

They have qualified for an entitlement.

 

b.

There is a change in the circumstances by which they qualified.

3.

The member must tell their Commanding Officer about the change as soon as practicable.

Note: This requirement helps the Commonwealth prevent overpayments being made.

4.

The member must also inform the approving authority for any housing assistance that the member is in receipt of about the change as soon as practicable.

5.

A member must fill in and provide the relevant form at Annex 1.5.A to their Commanding Officer as soon as practicable after any of these events.

See: Annex 1.5.A, Categorisation forms

 

a.

If the number of dependants a member has changes.

Example: The member's relationship is recognised as an interdependent partnership under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships.

 

b.

The member is notified of a change of posting location which will result in a change from one of these categories to another.

 

i.

Member with dependants.

See: Clause 1.3.80, Member with dependants

 

ii.

Member with dependants (unaccompanied).

 

See:

Clause 1.3.81, Member with dependants (unaccompanied)

Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied)

 

iii.

Member without dependants.

See: Clause 1.3.83, Member without dependants

 

c.

If there is any other change in the facts set out in the member's application.

 

1.

This clause applies if a person has been paid more than the amount they are entitled to.

2.

The person must repay to the Commonwealth the difference between their entitlement and the amount they were paid.

Example: A member is paid vehicle allowance in advance of travel. They do not travel, or they travel less than they expected to. They must repay all or part of the allowance, whichever applies.

Exception: Where tax has been deducted from an amount overpaid and the amount was paid in a previous financial year.

1.

This clause applies if a member must repay an overpayment of salary or allowances to the Commonwealth.

2.

The Commonwealth may recover the overpaid amount from the salary and allowances that the member has been – or may be – paid. The Commonwealth still has the right to recover the overpaid amount by other means.

1.

This clause applies if a member would get a personal benefit from a decision they are authorised to make.

2.

The member must refer the decision to another decision-maker at or above their rank or classification.

1.

This clause applies to a member who is entitled to be reimbursed a payment they made.

2.

The member must provide either of the following as evidence that they made the payment.

 

a.

Written evidence, including any original receipts.

 

b.

A statutory declaration if written evidence is not available.

3.

The member must provide the items when they lodge their claim for reimbursement or as soon as practical after that time.

Note: A person who knowingly makes a false statement in a statutory declaration under the Statutory Declarations Act 1959, as amended, is guilty of an offence under section 11 of that Act. They could go to prison for four years.

 

1.

This clause applies if both these conditions are met.

 

a.

A member's adult dependant is also a member.

 

b.

Both members have any of the entitlements in this table for the same period.

 

Item

Entitlement

Reference

1.

Disturbance allowance

Chapter 6 Part 1 Division 2

2.

Reimbursement for childcare on removal

Chapter 6 Part 1 Division 3

3.

Assistance or reimbursement for home purchase or sale

Chapter 6 Part 2

4.

Reimbursement for loss on sale of furniture and effects

Chapter 6 Part 3 clause 6.3.2

5.

Reimbursement for loss on sale of a vehicle

Chapter 6 Part 3 clause 6.3.4

6.

Reimbursement for cost of insurance on removal of urgently needed household items

Chapter 6 Part 5 clause 6.5.8

7.

Reimbursement for education costs for a child

Chapter 8 Part 4

8.

Reimbursement in place of a child’s scholarship

Chapter 8 Part 4 Division 3

 

2.

This table sets out how the entitlement is provided.

 

Item

If the members…

then the entitlement is provided to
the member who…

1.

jointly nominate one of them to receive the entitlement

is nominated.

2.

do not jointly nominate one of them to receive the entitlement, and they:

_

a. hold different ranks

has the higher rank

b. hold the same rank

has the greater seniority in the rank.

 

3.

A member may have an entitlement listed in subclause 1 while their adult dependant has a similar entitlement that is not under Chapters 1 to 11. In this case, the listed entitlement is reduced by the amount of the similar entitlement.

 

Example: A member is entitled to disturbance allowance under Chapter 6 Part 1 Division 2. Their spouse is an APS employee in Defence. The member's entitlement to the allowance is reduced by any amount the adult dependant gets for similar purposes under DECA clause H2, Relocation assistance.

 

Note: The following provisions in other Chapters provide special rules about situations where a member and their adult dependant both have the same entitlement. Those special rules may override this clause.

 

a.

Indemnity for loss or damage arising from removal within Australia.

See: Chapter 6 Part 5, Compensation for loss or damage to items stored or removed

 

b.

Trainees' dependant allowance.

See: Chapter 4 Part 7 Division 1


4.

WARNING: This clause does not apply in relation to housing assistance. Special rules apply to dual entitlement for the following housing entitlements – see Chapter 7.

 

Item

Entitlement

Reference

1.

Temporary accommodation allowance

Chapter 7 Part 4 Division 5 clause 7.4.27

2.

Contribution for Service residence

Chapter 7 Part 5 Division 9 clause 7.5.55

3.

Rent allowance

Chapter 7 Part 6 Division 4 clause 7.6.22

 

5.

WARNING: This clause does not apply in relation to overseas conditions of service. Special rules apply to dual entitlement for the following overseas allowances and other conditions – see Chapters 14 to 16.

 

Item

Entitlement

Reference

1.

Overseas removals and related entitlements

Chapter 14 Part 3

2.

Settling in and settling out overseas – meal costs

Chapter 14 Part 5

3.

Overseas living allowance

Chapter 15 Part 2

4.

Hardship allowance

Chapter 16 Part 2

5.

Assisted leave travel

Chapter 16 Part 4

1.

A member may seek to have their entitlement paid to their adult dependant or another person. These conditions apply.

 

a.

The member must nominate in writing the person to receive the payment on their behalf.

 

b.

The other person must consent to the disclosure of their personal or financial information, and to receiving the payment.

 

c.

The member must provide the alternative payment details.

 

Example: A member who is deployed has to pay rent at home. They may choose to have their rent allowance paid to their adult dependant, who will arrange the rent payments on their behalf.

2.

Alternatively, the entitlement will be paid as specifically provided for under another Chapter.

1.

This clause applies if an amount is payable to a person who has a legal disability.

Examples: A child under 18 years old. A member who is seriously injured and unable to act on their own behalf.

2.

The amount may be paid to a trustee appointed by the CDF to act on behalf of the person. The CDF must consider any instructions the member gave before the legal disability began.

3.

Both these conditions apply to an amount paid to a trustee under subclause 2.

 

a.

The trustee will hold it on trust for the benefit of the person in accordance with any directions of the CDF.

 

b.

It is taken to have been paid to the person.

1.

An amount payable to a member on their death may be paid to either of these parties.

 

a.

The member’s dependants.

 

b.

The member’s legal personal representative, if both these conditions are met.

 

i.

The member has no dependant.

 

ii.

The CDF considers it appropriate.

2.

The amount may be payable to more than one dependant. In this case, the CDF must consider the losses each dependant suffers through the loss of the member's earnings.

3.

A payment should be made under subclause 1 within 12 months after the member’s death. If it is not, the amount must be paid to the member’s legal personal representative.

4.

If no-one is entitled to a payable amount, no payment will be authorised.

1.

For the purpose of payment of salary or allowances, a member is taken to have ceased continuous full-time service when the member is in either of the following situations.

 

a.

The member has died.

 

b.

The member is missing and presumed dead.

Exception: If the member is later found alive, the period for which the member was missing is taken not to break their service.

 

 

Example: A member was deployed on overseas service on 31 August 2010.

The member was reported missing, presumed dead, on 30 June 2011 but was later found alive on 30 April 2012.

For the 10 months when the member was missing, presumed dead (30 June 2011 – 30 April 2012), they would not normally be entitled to payment of salary as their continuous full-time service was taken to have ceased. But because the member was later found, they were considered to be on continuous full-time service for that period and therefore entitled to salary.

2.

If a certificate of death has not been provided to state a date of death or presumed death for a member under a relevant Commonwealth, State or Territory law, then for the purpose of the benefits provided under this Determination, the CDF, a Service Chief or the Director-General Defence Community Organisation may determine that a member died on a particular date.

See: Chapter 11 Part 3, Payment of financial entitlements on death

 

This Chapter contains legislation and guidelines for members who join or leave the ADF.

 

This Chapter includes the following Parts:

 

Part 1

Joining the ADF

 

Part 2

Leaving the ADF: Career Transition Assistance Scheme

 

Part 3

Leaving the ADF: Redundancy, gratuities and leave credits

 

 

This Part contains entitlements and guidelines for members joining the ADF.

 

This Part includes the following Divisions:

 

Division 1

Entitlements for applicants

 

Division 2

Information for new recruits

 

Division 3

Superannuation

 

 

A person who has applied to join the ADF may be entitled to assistance with travel costs, allowances and accommodation costs.

1.

This clause applies to a person who is not a member of the ADF and who has applied to join the ADF. They may have travel, accommodation and meal entitlements, if they meet all these conditions.

 

a.

They are required to have an examination or interview to see if they are suitable to join the ADF.

 

b.

They go to a recruiting centre to be examined or interviewed.

 

c.

They live at a location not served by the transport system of the city or town where the recruiting centre is located.

2.

The applicant is entitled to an allowance if they pay for their travel between their normal place of residence and the recruiting centre. The amount of the allowance depends on their means of travel, as set out in this table.

 

Item

If the applicant travels by…

then they are entitled to…

1.

private vehicle

the amount they would be entitled to if:

a. they were a member at the rank for which they are applying for appointment or enlistment, and

b. their travel was authorised travel on duty.
See: Chapter 9 Part 6 Division 2 for the relevant entitlements.

2.

public transport

the lesser of these two amounts:

a. What the Commonwealth would pay for fares if they were a member at the rank for which they are applying for appointment or enlistment.

b. What they actually pay for fares.

 

3.

The applicant is entitled to an allowance for accommodation and meals if they meet both these conditions.

 

a.

They travel between their normal place of residence and the recruiting centre for a period that extends overnight.

 

b.

Their meals and accommodation are not provided at Commonwealth expense.

4.

The allowance is the lowest of these amounts.

 

a.

What the Commonwealth would have paid if it provided accommodation and meals.

 

b.

What the applicant paid for accommodation and meals.


 

c.

What the applicant would be entitled to if they were a member at the rank for which they are applying for appointment or enlistment.

See: Chapter 9 Part 5, Payment of travel costs for the relevant entitlements.

 

Note: If the applicant's travel period does not extend overnight, the meal allowance rates under clause 4.5.8 apply.

See: Chapter 4 Part 5, Meal allowances.

1.

A country applicant who travels to or from a recruiting centre is entitled to either a prepaid fare or an allowance under clause 2.1.4.

2.

The applicant must repay to the Commonwealth any prepaid amount they do not spend. This includes if the journey is cancelled.

 

Persons entitled to travel under this Division are not entitled to any Commonwealth assistance for excess baggage.

1.

This clause applies to a person who is not a member of the ADF and who has applied to join the ADF. They may be compensated for loss of wages or salary if they meet all these conditions.

 

a.

They are employed.

 

b.

They are required to have an examination or interview to see if they are suitable to join the ADF.

 

c.

They attend a recruiting centre to be examined or interviewed.

 

d.

They lose salary or wages because of that attendance.

2.

The applicant is entitled to the lesser of these two amounts.

 

a.

The wages or salary they would have earned during the period they are reasonably required to be absent from the employment because of the attendance. This does not include any payment for overtime.

 

b.

The salary that would be payable for that period to a normal entry recruit during basic training.

3.

The applicant is not entitled if they have not disclosed in their application a significant fact that makes them ineligible to join the ADF.

 

 

 

This Division is reserved for publication in the ADF Pay and Conditions Manual of an administrative summary of conditions of service arrangements for new recruits to the ADF.

 

 

 

This Division is reserved for publication in the ADF Pay and Conditions Manual of an administrative summary of ADF superannuation.

 

1.

This Part contains information on the Career Transition Assistance Scheme. The Scheme assists members with career transition when they separate from the ADF after continuous full-time service.

2.

Effective career transition is a shared responsibility. It is mainly up to the member to start preparing well before their intended date of separation.

 

The Career Transition Assistance Scheme is available to all Permanent and Reserve Force members who have been on continuous full-time service.

See: Division 2 Eligibility and levels of assistance

 

This table outlines the definition used in this Part.

 

Term

Special meaning in this Part

Qualifying service

Service in Australia, overseas or on attachment or exchange with the armed forces of another country, by a member of the Permanent Forces or by a Reserve Force member on continuous full-time service. Periods of qualifying service can include any of the following.

a. Permanent Force service

b. continuous full-time service

c. a cumulative total of Permanent Force service and continuous full-time service.

 

This Part includes the following Divisions:

 

Division 1

About the Career Transition Assistance Scheme

 

Division 2

Eligibility and levels of assistance

 

Division 3

On-line information

 

Division 4

ADF transition seminars

 

Division 5

Approved absence for career transition activities

 

Division 6

Career transition training

 

Division 7

Career transition management coaching

 

Division 8

Curriculum vitae coaching

 

Division 9

Financial counseling

 

1.

The ADF has an obligation to assist members with career transition when they leave the ADF after qualifying service, whether voluntarily or involuntarily. The Career Transition Assistance Scheme provides phased benefits, tools and services in support of this obligation.

2.

These are the objectives of the Career Transition Assistance Scheme.

 

a.

To support the career transition of members from Service to suitable civilian employment, with the minimum involuntary break in continuity of employment.

 

b.

To enhance the ability of members to competitively market themselves for suitable civilian employment.

 

c.

To enhance and make the best use of members’ existing skills gained from ADF service.

3.

The Career Transition Assistance Scheme should be accessed during the last 12 months of service, or up to 12 months after termination. This aims to ensure knowledge and skills acquired through the scheme are current at the time of career transition.

 

Assistance is divided into seven components. These are described in the Divisions listed in this table.

 

Item

Assistance type

For details, see...

1.

Online information

Division 3

2.

ADF transition seminars

Division 4

3.

Approved absence for career transition activities

Division 5

4.

Career transition training

Division 6

5.

Career transition management coaching

Division 7

6.

Curriculum vitae coaching

Division 8

7.

Financial counselling

Division 9

 

Medical or dental officers seeking refresher training should refer to Chapter 4 Part 7 Division 3, Refresher training assistance – former medical or dental officer.

1.

Sponsorship for career transition-oriented courses is available under Level 3 of the Defence Assisted Study Scheme (DASS), subject to available funding.

2.

Defence Assisted Study Scheme applicants are required to substantiate their intention to leave the ADF within a realistic timeframe.

3.

Career Transition Assistance Level 1 members are eligible to apply for the Defence Assisted Study Scheme while they continue to serve. For Career Transition Assistance Level 2 and 3 members, eligibility to apply for the Defence Assisted Study Scheme ceases once entitlement to training under the Career Transition Assistance Scheme is established.

 

This clause is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of sources of additional information about termination of ADF service.

 

1.

To be eligible for the scheme, the member must provide proof of their intention to separate from the ADF within 12 months. Proof must be one of the following.

 

a.

A termination authority.

 

b.

Confirmation from the ADF Transition Centre that the member’s application for termination has been received and forwarded to the appropriate approving authority.

2.

Level of assistance is determined by both these factors.

 

a.

The total period of qualifying service at the date of termination.

 

b.

The type of termination.

3.

Qualifying service for the Career Transition Assistance Scheme may be an aggregate of periods of service. This may be in one or more Services of the ADF. There may be a break between periods of service.

Note: Reserve service or service as a member of the armed forces of another country does not count toward qualifying service for the Career Transition Assistance Scheme.

4.

This table outlines eligibility for levels of assistance.

 

Item

If the member has completed...

then the assistance level is...

a.

less than 12 years' service

Level 1

b.

12 but less than 18 years’ service

Level 2

c.

18 or more years' service, or has left the ADF compulsorily for any of these reasons.

a. Medically unfit to continue service.

b. Compulsory retirement age.

c. Management-initiated early retirement.

d. To meet the needs of the Service (ie declared redundant).

Level 3

 

This table summarises the maximum assistance provided to members, depending on their qualifying service. Full details of entitlements are provided in the related Divisions.

 

Item

Assistance type

Level 1

Level 2

Level 3

1.

Online information

Yes

Yes

Yes

2.

ADF transition seminar

Yes

Yes

Yes

3.

Approved absence for career transition activities

[see Note 1]

5 days 1

10 days

23 days

4.

Career transition training

[see Note 2]

No

$1,100 2

$4,400 2

5.

Career transition management coaching

[see Note 2]

No

$1,100 2

$2,820 2


Item

Assistance type

Level 1

Level 2

Level 3

6.

Curriculum vitae coaching

No

Yes

Yes

7.

Financial counselling

No

No

Only for certain members.

See: Division 9

 

 

Note 1: A member may only access approved absence if they have completed their initial category, corps or mustering training at the time of termination.

 

Note 2: A member may only access career transition training or career transition management coaching, not both.

Exception: Members who have left the ADF compulsorily for either of these two reasons are eligible to access both career transition training and career transition management coaching.

 

a.

Medically unfit to continue service.

 

b.

To meet the needs of the Service (ie declared redundant). This is known as management-initiated early retirement (MIER).

 

Career Transition Assistance Scheme benefits must be accessed and completed within 12 months of termination.

Exception: For members whose service is terminated for medical reasons, the Executive Officer, Career Transition Assistance may authorise an extension.

 

A member is not eligible for assistance under the scheme in these situations.

 

a.

If a member’s service is terminated for disciplinary or adverse administrative reasons.

 

b.

If the termination was because of a medical condition that (in the opinion of the CDF) arose from any of these causes.

 

i.

Intentional self-harm.

 

ii.

Due to serious or wilful misconduct, alcohol or drugs.

 

iii.

Unreasonable exposure to an abnormal risk of injury.

 

iv.

A pre-existing medical condition that was known but not disclosed, on enlistment.

1.

If a Career Transition Assistance Level 2 or 3 member does not use an entitlement under the Career Transition Assistance Scheme before termination, the member’s entitlement is automatically preserved for up to 12 months after termination.

2.

Members must apply for and complete any career transition assistance activity within the 12-month preservation period. The cost of Career Transition Assistance Scheme provisions will be paid once approval has been granted.

Note: There is no entitlement to travel, accommodation and associated costs after termination.


3.

In certain cases, a member may access some Career Transition Assistance Scheme provisions and later receive approval to withdraw their application for termination. In these cases, the member is entitled to access unused provisions when reapplying for termination.

4.

Further qualifying service may make a member eligible for a higher level of assistance.

5.

There is no payment for unused Career Transition Assistance Scheme entitlements.

1.

ADF members who transfer to an active element of the Reserves, and whose major form of post-separation employment is from Reserve service, are not considered to have transitioned into the civilian workforce.

2.

For these members, Career Transition Assistance Scheme provisions are preserved while Reserve service remains the major form of employment. On ceasing Reserve service, entitlements are automatically preserved for 12 months from the last day of service.

Note: The preserved entitlement does not include the approved absence component.

1.

Members undertaking activities approved under the Career Transition Assistance Scheme before termination, may be covered for compensation under the Military Rehabilitation and Compensation Scheme.

See: Chapter 11, ADF-related compensation

2.

Members are not to accept any form of remuneration from an organisation/employer for periods of on-job experience/training. Such remuneration may jeopardise any claim for compensation relating to those activities.

3.

Members who access career transition assistance after termination may be covered for compensation by the Military Rehabilitation and Compensation Scheme, if the arrangements are approved under the Career Transition Assistance Scheme.

1.

Travel costs to attend approved Career Transition Assistance Scheme activities will not be paid for members at Levels 1 and 2.

2.

There is limited scope for travel for Level 3 members. The member must justify why they cannot undertake the career transition training in their current or termination location.

3.

Normally, Career Transition Assistance Scheme activities are to be undertaken within one location. In cases where members justify travel, travel at Commonwealth expense will be approved for only one trip to and from one nominated location.

4.

In cases where members cannot undertake approved Career Transition Assistance Scheme activities in their current or termination location, they must submit an itinerary and undertake the activities in a location where Service accommodation is available. If Service accommodation is not available, the member must justify why a location without Service accommodation must be used.

5.

Any Career Transition Assistance Level 3 member who is required to be absent from their normal place of duty or residence for 10 hours or more may be entitled to part-day travelling allowance to attend approved career transition training.

Note: The absence includes time for travel and the approved activity.

 

If the Resettlement Officer believes a member’s circumstances warrant special consideration, the case may be considered by the Executive Officer, Career Transition Assistance.

 

 

 

This Division is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of on-line sources of information about the termination of ADF service.

1.

Career transition information and advice are provided at ADF transition seminars. These are held periodically in Australian capital cities and some regional centres. The seminars are designed to aid members in their transition to civilian life, by providing an awareness of various matters requiring consideration before service is terminated.

2.

Members are responsible for planning and initiating transition action at a suitable period before termination. Attendance at seminars assists this planning process. Members may apply at any time during their careers, and may attend several seminars.

3.

Every effort will be made to ensure all nominating members can attend. If there is not enough space, priority is given to members who have applied for termination, regardless of their length of service.

4.

Normally, members attend seminars in their current posting location. If members are posted to a location where seminars are not conducted, they are eligible to apply to attend a seminar at the closest location to their unit.

5.

Members who are unable to attend a local seminar for Service reasons may apply for a seminar outside their posting location. Any travel outside the posting location is limited to the nearest seminar location. Travel costs are a unit responsibility. They are payable only to members who meet all these conditions.

 

a.

The member has applied to terminate their service.

 

b.

The member is Career Transition Assistance Level 3.

 

c.

The member has not previously received travel costs to attend a seminar.

5A.

Travel costs paid to a member under subclause 5 are worked out accordance with the following.

 

a.

For a member who uses accommodation supplied through the Commonwealth's contracted service provider, travel costs and accommodation in accordance with Chapter 9 Part 5 Division 2. Contracted service provider has the meaning given in clause 9.0.3, Definitions.

 

See:

1. Chapter 9 Part 5 Division 2, Travel on Defence business using the travel card

2. Chapter 9 clause 9.0.3, Definitions

 

b.

For a member who uses commercial accommodation but who does not meet the requirements of paragraph a, travel costs are paid up to the limits set for the location in Annex 9.5.A.

See: Annex 9.5.A, Amounts for accommodation, meals and incidentals

6.

Members who are on duty or on leave in another seminar location when a seminar is scheduled may be approved to attend the seminar on duty. In this case, Defence will not pay travel costs for the member to attend.

7.

The member's personal Career Transition Assistance Scheme file must be updated when travel costs are paid. This is to prevent further payment of travel costs.


8.

Members serving overseas are not permitted to attend a seminar until they return to Australia. Members whose service is being terminated for disciplinary or adverse administrative reasons are not eligible to attend a seminar.

9.

The Regional Transition Committee may approve attendance by the member's spouse or interdependent partner at nominated sessions if both these conditions are met.

 

a.

Space is available.

 

b.

There is no cost to the Commonwealth.

 

1.

Approved absence for career transition activities is subject to the supervisor's agreement. Approved absence may be used for any of these activities.

 

a.

Attendance at appointments with employment agencies for professional employment advice.

 

b.

Interviews with prospective employers.

 

c.

Attendance at career transition training or career transition management coaching approved for Career Transition Assistance Level 2 or 3 members.

See: Division 2 clause 2.2.11, Note 1

 

d.

Attendance at formal training courses approved under the Defence Assisted Study Scheme Level 3.

Note: This is for Career Transition Assistance Level 1 members only.

 

e.

Attendance at on-the-job experience approved under the Career Transition Assistance Scheme. On-the-job experience is work experience which the member undertakes full-time. It must be relevant to the employment they intend to seek after termination.

2.

The member must provide proof of their intention to separate.

See: Division 2 clause 2.2.10, Eligibility for assistance.

3.

If an eligible member uses the approved absence and then re-engages, any future entitlement will be reduced by the amount previously taken. Once a member has exhausted their level of approved periods of absence, there is no further entitlement.

Exception: If the member earns more days through sufficient further service, the member will be credited only with the additional days.

4.

To be eligible for approved absence, members must have a credit balance in their personal Career Transition Assistance Scheme file. The amount of credit recorded on this file depends on the member’s length of service. When approved absence is used, the usage must be entered on the member’s personal Career Transition Assistance Scheme file.

5.

Approved absence must be taken in minimum blocks of one day. They do not need to be consecutive days.

 

 

Career transition training provides access to vocationally-oriented education and training. Eligible members may take vocational training courses for post-termination employment and employment-related work skills.

1.

Career transition training may take either of these forms.

 

a.

Face-to-face tutorial attendance.

 

b.

Courses provided through correspondence or on-line facilities.

2.

The training must be a formal course which has all these attributes.

 

a.

Structured and provided by a qualified training firm.

 

b.

A schedule of training and a syllabus for each subject.

 

c.

Recognised or accredited by employers.

3.

Any vocationally-oriented course, or recognised course segment, within the Australian qualifications framework may be approved as career transition training. It must meet policy requirements, particularly regarding the extent of training and that it is essential for the member’s career transition.

4.

Only career transition training that can be completed during the 12-month preservation time limit may be funded.

Example: A postgraduate diploma.

1.

Depending on their length of qualifying service, under the Career Transition Assistance Scheme members may take up to 23 days’ approved absence from the workplace to attend a training course. Any additional time for attendance must be when not required for duty.

See: Division 2 clause 2.2.11, Assistance summary (table item 4).

2.

Approved absence is not leave. Members are on duty.

 

Eligible members are entitled to these maximum amounts for career transition training.

 

Item

Assistance level

Maximum ($)

1.

1

Nil

 

2.

2

1,100

 

3.

3

4,400

 

 


 

Exception: The Executive Officer, Career Transition Assistance may approve more expensive training courses for Career Transition Assistance Level 3 members in these two cases.

 

a.

If a specific qualification or licence is required by the industry regulatory body of the members’ intended field of employment.

 

b.

In exceptional cases, where there is no industry regulatory body. The member's application must include evidence supporting the essential nature of the training requirement.

1.

Career transition training must be specifically aligned to post-termination employment.

2.

The training should be aligned to transferring the skills and experience gained from the member’s ADF career to the civilian sector. A member whose career transition training objectives are broadly consistent with the member’s Service training, expertise or employment is considered to be meeting this criteria.

3.

If a member’s career transition goals are different from their Service employment or training, or if the training sought is expensive, they should demonstrate the genuine nature of their intentions as follows.

 

a.

By having obtained some relevant initial qualifications at their own expense or through the Defence Assisted Study Scheme.

 

b.

By extensive association with the activity as a hobby or part-time business or employment.

4.

In the cases described in subclause 3, the member must justify the request.

1.

The career transition training sought must be essential for a member's effective career transition to suitable employment. This means employment or self-employment from which they will derive the major portion of their non-pension income after termination.

2.

The training will be assessed on the extent to which it is a requirement for employment or self-employment in that field.

3.

A member who has secured suitable employment is deemed to be successfully transitioned and has no entitlement to career transition training.

4.

Training will only be approved if the qualifications sought are the minimum necessary for the applicant to be competitive for employment in the intended industry. The requirements of individual employers seeking to employ people holding specific qualifications will be taken into account, but their requirements are not automatic grounds for approval.

5.

Attendance at more than one training course will only be approved if the training courses lead to one career transition goal. Training will not be approved if members seek training in divergent areas.

 

1.

Defence will only cover costs associated with actual training.

Examples: Mandatory course manuals, equipment hire if it is an integral part of the course costs.

2.

The Commonwealth will not pay for any of these items.

 

a.

Books.

 

b.

Equipment.

 

c.

Licences.

 

d.

Membership subscriptions for a professional organisation or trade union.

3.

If members are required by a franchiser to undertake compulsory training by the franchiser, the cost of the course is regarded as a capital expense in establishing the business. The cost of the training will not be approved. Members may use approved absence under the Career Transition Assistance Scheme to undertake the training as on-the-job experience.

 

Members who choose to end an approved period of career transition training early must notify the Resettlement Officer. The remaining period of approved absence from the workplace will be re-credited. It may be taken later if required.

1.

Career transition training may be approved at an overseas location in these situations.

 

a.

The member has a firm job offer for which the particular training is essential and is not available in Australia.

Note: The member must show why the training should not be the responsibility of the future employer.

 

b.

The member is serving in an overseas posting location and intends to live in that location on termination.

Note: There is no entitlement to travel costs.

2.

International fares for overseas travel are payable by the member. Overseas travel costs are payable at the rate for the training location, subject to the requirements of clause 2.2.17.

See: Division 2 clause 2.2.17, Travel and accommodation for Scheme activities

 

1.

Members unsure of their intended field of employment after termination may apply for career transition management coaching. This is also known as outplacement counselling.

2.

This table outlines members' entitlements.

 

Item

If the member is at Career Transition Assistance Level...

then they may access coaching to a value
of ($)...

1.

2

1,100

2.

3

2,820

 

3.

If eligible members choose career transition management coaching, they may not access career transition training. They may access on-the-job experience and approved absence.

Exception: Members who have left the ADF compulsorily for either of these two reasons are eligible to access both career transition training and career transition management coaching.

 

a.

Medically unfit to continue service.

 

b.

To meet the needs of the Service (ie declared redundant). This is known as management-initiated early retirement (MIER).

4.

The following services are allowable in a career transition management coaching package.

 

a.

Identification of transferable skills.

 

b.

Stress management.

 

c.

Job options and job placement advice.

 

d.

Job search strategies.

 

e.

Coaching to develop a curriculum vitae.

 

f.

Interview skills/personal presentation at interview.

 

g.

Developing a career transition plan.

 

Note: Not all services need to be included.

5.

Curriculum vitae coaching may be provided as part of career transition management coaching. Members may prefer to receive curriculum vitae coaching from a separate provider. Defence will fund curriculum vitae coaching only once.

 

1.

Members at Career Transition Assistance Level 2 or 3 are eligible to access curriculum vitae coaching by a professional firm. The purpose of curriculum vitae coaching is to teach members how to develop their own curriculum vitae. This is up to a maximum cost of $253.

 

Note: This maximum cost will be reviewed from time to time (usually annually) having regard to movement in the Consumer Price Index.

 

See: Division 2 clause 2.2.11, Assistance summary (table item 6).

2.

Curriculum vitae coaching may only be accessed once during a member’s service.

3.

Members are advised to access this benefit within 12 months of their intended separation date. This is so they are able to develop an effective curriculum vitae at the time of termination.

 

 

1.

A member is entitled to financial counselling if they have left the ADF compulsorily for any of these reasons.

 

a.

Medically unfit to continue service.

 

b.

To meet the needs of the Service (ie declared redundant).

See: Chapter 2 Part 3 Division 1, Redundancy.

 

c.

Management-initiated early retirement.

2.

The member may receive professional financial counselling up to $518.

 

 

This Part contains guidelines for members leaving the ADF. It outlines entitlements related to redundancy and gratuities.

See also: Chapter 5 Part 2 Division 7, Payment or transfer of recreation leave credit

 

This Part includes the following Divisions:

 

Division 1

Redundancy

 

Division 2

Gratuities on retirement and invalidity

 

Division 3

...

 

Division 4

Special benefit payment — management-initiated early retirement

 

Division 5

Additional transition period

 

 

The purpose of this Division is to provide financial benefits for members of the Permanent Forces who are declared redundant.

 

This Division applies to a member who meets both these conditions.

 

a.

The member ceases to be a member of the Permanent Forces when declared redundant. This is in accordance with arrangements approved by the Minister.

 

b.

The member has completed more than two years of continuous full-time service.

1.

On the day the member ceases to be a member of the Permanent Forces as a result of being declared redundant, the member is entitled to these amounts.

 

a.

A fortnight’s salary for each completed year of service that is recognised for long service leave.

See: Chapter 5 Part 3, Long Service Leave for a definition of this service.

 

b.

A pro rata payment for each part-year of such service completed.

 

c.

A fortnight’s salary for each completed year of continuous full-time service in the ADF that is not recognised for long service leave accrual.

Note: This is likely to be earlier ADF service done before a break in service of more than one year.

 

d.

A pro rata payment for each completed part year of ADF service that is not recognised for long service leave accrual.

1A.

Certain periods must be excluded from the calculations in subclause 1. These periods are those included by the Commonwealth or any employer in the calculation of a payment of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.

2.

The amount payable under subclause 1 must not be more than 48 weeks’ salary.

3.

However, a member’s compulsory retirement age might be less than 48 weeks from the day they leave the Permanent Forces, as a result of being declared redundant. In these cases, the amount payable is salary for that shorter period.

4.

In this clause, salary includes any of the following.

 

a.

Higher duties allowance.

Exception: Higher duties allowance is not payable if the period of higher duties performed on the day the notice of redundancy was received was less than 12 continuous months.

See: Chapter 4 Part 1, Higher duties allowance


 

b.

Service allowance.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.2, published at Chapter 4 Part 2 Part B Division B.2, Service allowance.

 

c.

Service allowance.

See: Chapter 4 Part 2

 

d.

Special action forces allowance (qualification and skill).

See: Chapter 4 Part 3 Division 12

 

e.

Specialist operations allowance (qualification and skill).

See: Chapter 4 Part 3 Division 13

 

f.

Submarine service allowance (qualification and skill).

See: Chapter 4 Part 3 Division 15

1.

This clause applies to a member who meets both these conditions.

 

a.

The member is given written notice of the redundancy.

 

b.

The member then ceases service at the member’s own request during the notice period.

2.

The member must be paid an additional amount for any unserved part of the notice period agreed upon under section 83 of the Defence (Personnel) Regulations 2002. This amount is to be paid at the rate the member would receive had they taken pay instead of recreation leave.

3.

In this clause, salary includes service allowance.

 

Example: A member is given written advice that their redundancy is to take place on 1 June. The member has another job offer, and is given permission to cease service on 15 May in order to start that employment. The member must be paid an amount equal to a payment instead of recreation leave for the period 16 May to 1 June.

 

The member must repay to the Commonwealth the amount previously paid to the member under this Division, if all these conditions are met.

 

a.

They have been paid an amount under this Division as a result of being declared redundant.

 

b.

They begin a further period of continuous full-time service within one year of ceasing to be a member because of their redundancy.

 

c.

The Minister did not authorise the further period of continuous full-time service.

1.

A gratuity is a one-off payment made by the Defence Force Retirement and Death Benefits Authority (DFRDB) to ADF members.

2.

The payment is made to the member when all these conditions apply.

 

a.

They are leaving the ADF.

 

b.

They are an eligible former member for the purposes of the Defence Force Retirement and Death Benefits Act 1973 (the DFRDB Act).

 

c.

They are not entitled to retirement pay, invalidity benefit or preservation benefits under the DFRDB Act.

Exception: In certain cases a gratuity is payable to a member who is retired with a class C invalidity benefit under the DFRDB Act but who is not entitled to invalidity pay.

1.

The gratuity is payable to a member on the basis of the number of completed years of eligible service.

2.

When a member is entitled to a gratuity at different rates for different periods of eligible service, the member receives the appropriate rate per annum for the exact period of service completed for all except the most recent period, which is calculated to the last completed year of eligible service.

3.

The DFRDB Authority may pay a gratuity to a person other than the member only in these cases.

 

a.

The member is mentally ill and incapable of managing their affairs.

 

b.

The member is in prison.

 

c.

The member has a disability.

1.

This Division applies to eligible former members, as defined under the DFRDB Act. The DFRDB scheme is a closed scheme and therefore this Division has a limited life.

2.

For the definition of eligible service, a person is taken to be a member on continuous
full-time service for a period if both these conditions apply.

 

a.

Under subsection 63 (1) of the DFRDB Act, that Act applies to the person as if the person had not retired, and as if the person were on leave without pay, for the period.

 

b.

Deferred benefits were applicable to the person under the DFRDB Act and cease to be applicable under section 83 of that Act.

 

 

This table outlines the definitions used in this Division.

 

Term

Meaning in this Division

Eligible service

Continuous full-time service by the member, when a contributor under the DFRDB Act.

Exception: Eligible service does not include a period of previous service if a member made an election to purchase previous non-contributory service under subsection 27 (1) of the Defence Force Retirement Benefits Act 1948 or under subsection 83 (3) of the Defence Force Retirement Benefits Act 1959.

Non effective service

A period of eligible service exceeding 21 consecutive days when a member is:

  • on leave without pay.
  • absent without leave.
  • in custody, under suspension, awaiting or undergoing trial on a charge in which the member is later convicted and imprisoned, or otherwise detained or undergoes field punishment.
  • serving a period of imprisonment or other detention or undergoing field punishment

Officer

In this Division, officer includes Midshipmen and Officer Cadets.

Retirement

Retirement as a member of the Defence Force. This includes termination of appointment as an officer of, or discharge from, the Defence Force.

1.

This clause applies to an officer who meets all these conditions.

 

a.

The officer is not entitled on retirement to retirement pay, or invalidity benefit, under the DFRDB Act.

 

b.

They have completed 10 years’ eligible service and retire on or after attaining the compulsory retiring age for rank.

 

c.

They have completed 12 years’ eligible service and retire to meet the needs of the Service before attaining the compulsory retiring age for rank.

2.

On retirement, the member is entitled to a gratuity at the rate of $240, for each completed year of eligible service.

3.

A member’s period of eligible service may include a period served as a member other than an officer. In this case, the gratuity is $100 a year, for the completed years of eligible service as a member other than an officer.

1.

This clause applies to an officer who meets these conditions.

Exception: An officer in this clause does not include a medical officer or dental officer.

 

a.

The officer is a member of the Permanent Forces.

 

b.

The officer is serving under a fixed tenure appointment, including an extension of a fixed tenure appointment.

Note: A fixed tenure appointment was formerly known as a short service commission.


2.

On retirement, the member is entitled to a gratuity worked out at the rate of $100 for each completed year of eligible service.

3.

A member’s period of eligible service may include a period served as a member other than an officer. In this case, the gratuity is the sum of these amounts.

 

Item

If the officer...

then the entitlement is...

1.

completed 12 years eligible service before appointment as an officer

$100 for each year of eligible service completed before appointment.

2.

has not completed 12 years' eligible service before appointment as an officer

  • $40 for 1 completed year of eligible service.
  • $80 for 2 completed years of eligible service.
  • $120 for 3 completed years of eligible service.
  • $160 for 4 completed years of eligible service.
  • $200 for 5 completed years of eligible service.
  • $240 for 6 completed years of eligible service.
  • $340 for 7 completed years of eligible service.
  • $440 for 8 completed years of eligible service.
  • $540 for 9 completed years of eligible service.
  • $760 for 10 completed years of eligible service.
  • $980 for 11 completed years of eligible service.

1.

This clause applies to a member (other than an officer) who is not entitled to retirement pay, or invalidity benefit, under the DFRDB Act.

2.

The member is entitled on retirement to a gratuity set out in this table.

 

Item

If the member has...

then the entitlement is...

1.

completed 12 years’ eligible service

$100 for each completed year of eligible service.

2.

not completed 12 years’ eligible service

  • $40 for 1 completed year of eligible service.
  • $80 for 2 completed years of eligible service.
  • $120 for 3 completed years of eligible service.
  • $160 for 4 completed years of eligible service.
  • $200 for 5 completed years of eligible service.
  • $240 for 6 completed years of eligible service.
  • $340 for 7 completed years of eligible service.
  • $440 for 8 completed years of eligible service.
  • $540 for 9 completed years of eligible service.
  • $760 for 10 completed years of eligible service.
  • $980 for 11 completed years of eligible service.
 

1.

This clause applies to a person who becomes entitled to an amount of invalidity benefit under subsection 32 (2) of the DFRDB Act. This refers to retirement of a member on the ground of invalidity, or of physical or mental incapacity to perform their duties.

2.

If the person was an officer immediately before retirement, the person is entitled to a gratuity worked out at the rate of $150 for each completed year of eligible service.

3.

If the member’s period of eligible service includes a period served as a member other than an officer, the gratuity is $100 a year for the period of eligible service as a member other than an officer.

4.

A person will receive the gratuity amount in clause 2.3.12, Gratuity for officers, if both these conditions apply.

 

a.

The person retired on or after attaining the compulsory retiring age for rank.

 

b.

The person would have been entitled to a gratuity if they had not retired on the grounds of invalidity.

5.

If the person was a member other than an officer immediately before retirement, the person is entitled to a gratuity of $100 for each completed year of eligible service.

6.

A person may become entitled to a gratuity under this clause on reclassification as Class C, under section 34 of the DFRDB Act. In this case, the amount of gratuity must be reduced. The reduction amount is the difference between these two amounts.

 

a.

The total amount of invalidity pay received by the person under the DFRDB Act.

 

b.

The amount that would have been payable under subsection 32 (2) of the DFRDB Act, if the person had been classified Class C on retirement.

7.

If a member is already paid a gratuity under this Division, the invalidity benefit will be reduced by the gratuity amount already paid.

 

A member is not entitled to a gratuity under this Division in these cases.

 

a.

The member is not paid invalidity benefit because of the operation of section 27 or 29 of the DFRDB Act.

 

b.

For a period of eligible service where transfer value is payable under section 77 of the DFRDB Act.

 

c.

For a period of eligible service where deferred benefits are applicable.

Exception: When Deferred benefits cease to be applicable because of the operation of subsection 78 (6) of the DFRDB Act.

1.

The amount of retiring gratuity payable to a member will be reduced pro-rata if

their period of eligible service includes one or more periods of non-effective

service. The retiring gratuity which would otherwise be payable to the member will

be reduced under the formula set out in this clause.

2.

This clause applies when both these conditions are met. 

 

a.

A member’s period of eligible service includes periods of non-effective service.

 

b.

A member’s period of eligible service is no more than the sum of these two periods.

 

i.

The member’s completed years of eligible service.

 

ii.

The total of the periods of non-effective service.

3.

The amount of gratuity to which the member would, but for this clause, be entitled under this Part must be reduced under this formula.

 

A x (B – C)

 

B

 

 

A is the amount of gratuity to which the member would, but for this clause, be entitled under this Part.

B is the member’s completed years of eligible service.

C is the period by which the sum of the periods in subparagraphs 1.b.i and ii exceeds the member’s period of eligible service.

1.

This clause applies if a person meets any of these conditions.

 

a.

They have been paid a gratuity under this Division.

 

b.

Before 6 January 2000 (the date when Determination 2000/1, Condition of Service, commenced), under Determination 0705, Gratuities, either of these situations applied.

 

i.

The member was entitled to invalidity pay under section 37 of the DFRDB Act or on a review or appeal under Part XI of that Act.

 

ii.

The member was a person to whom the DFRDB Act applies because of the operation of section 63 of the Act.

 

Example:

A member joins the ADF on 1 May 1991 under the DFRDB scheme.

The member is discharged on 30 April 2004, after 13 years' service. The member receives their member's contributions and gratuity.

The member re-enlists on 1 July 2004. Section 63 of the DFRDB Act provides that a member who rejoins within 90 days of leaving becomes a DFRDB member again. The DFRDB Authority allows the member's retirement to be disregarded. The Act applies as if the member had not retired and the period 30 April to 1 July 2004 had been leave without pay.

2.

The member must repay the gratuity to the Commonwealth.


3.

The amount recoverable may be paid in a lump sum. The CDF may also approve the amount to be paid in instalments. The CDF must consider these criteria.

 

a.

The person’s salary.

 

b.

The total amount to be repaid.

 

c.

Any remaining period of service.

 

This table outlines the DFRDB Act provisions related to this Division.

 

Part

Part title

Section

I

Preliminary

  • 3 Interpretation

III

Contributions

  • 21 Purchase of previous non-contributory service

V

Invalidity benefits

  • 27 Incapacity due to wilful action
  • 29 Invalidity or incapacity arising during absence without leave exceeding 60 days
  • 32 Class C invalidity benefit
  • 34 Reclassification in respect of incapacity
  • 37 Service Chief may inform authority of grounds of retirement

VII

Candidates at Parliamentary elections

  • 52 Effect of election under section 51 (Election by re-instated candidate)
  • 53 Refund of benefits by re-instated candidates to whom this Part applies
  • 55 Rights of contributing members who resign to contest elections and are not re-instated

VIII

General provisions applicable to contributions and benefits

  • 59 Instalments of pension benefits
  • 63 Non-recipient retired member who again becomes an eligible member within 90 days

IX 

Division 3 (Preservation of rights of contributing members ceasing to be eligible

members of the Defence Force)

  • 77 Circumstances in which transfer value payable
  • 78 Circumstances in which person entitled to deferred benefits
  • 83 Person entitled to deferred benefits again becoming a member etc. before benefits payable

X

Contributors under previous benefits scheme etc

  • 89 Purchase of previous non-contributory service
  • 90 Elections to become contributors by certain members

XI

Review of decisions of Authority

  • 99 Review of decisions of Authority

 

1.

The purpose of this Division is to provide for the payment of a special benefit under Part 3 of Chapter 8 of the Defence (Personnel) Regulations 2002, to members of the Permanent Forces.

2.

This payment is an incentive to the class of members who are no longer widely employable and who are in positions that would normally provide promotion opportunities to others, to retire in order that the career structure of the ADF is maintained.

3.

The payment is not a 'golden handshake' or a performance management tool.

4.

A special benefit is offered on the exercise of a discretion, it is not an automatic entitlement.

 

The following table contains definitions for the purpose of this Division.

 

Term

Definition

Defence (Personnel) Regulations 2002

Means the Defence (Personnel) Regulations 2002 as in force from time to time.

Management-initiated early retirement

Also known by the acronym MIER, this is a scheme to offer a financial incentive for early retirement to a small class of members, to allow for change in the nature of the ADF workforce. It is not a redundancy scheme. Its purpose is discussed in more detail at paragraph 2.3.23.a.

Special benefit

A benefit offered under Part 3 of Chapter 8 of the Defence (Personnel) Regulations 2002 and, if accepted, payable under this Division.

1.

A management-initiated early retirement payment may only be made under this Division if, before the special benefit is offered to a member, the use of the following measures is first considered as an alternative to the offer of a special benefit.

 

a.

Extension of any relevant compulsory retirement age (not limited to the member's compulsory retirement age).

 

b.

Fixed tenure appointment.

 

c.

Limited tenure promotion (not limited to the member's promotion).

 

d.

Appointment for a specified period.

2.

A member who meets all of the following conditions is to be paid a special benefit for management-initiated early retirement under this Division.

 

a.

The member has attained either of the following ranks, or a higher rank.

 

i.

An officer rank of Major.

 

ii.

A non-commissioned rank of Warrant Officer Class 2.

 

b.

...


 

c.

The member has completed at least two years at their current rank.

 

d.

The member has at least 12 months of service remaining before they reach either of the following dates.

 

i.

The last day of the member's compulsory retirement age under the Defence (Personnel) Regulations 2002, including any age extension that has been made.

 

ii.

The last day of the member's fixed period of service.

 

e.

The member accepts the offer of a special benefit for management-initiated early retirement under Part 3 of Chapter 8 of the Defence (Personnel) Regulations 2002.

1.

No amount of special benefit is payable if any of the following circumstances apply to the member.

 

a.

The member's performance is not satisfactory.

 

b.

The member is subject to an investigation for unacceptable behaviour.

 

c.

The member is subject to disciplinary action.

 

d.

The member is subject to an administrative sanction.

Example: The member is subject to a formal censure or warning for misconduct.

2.

A member's eligibility for a special benefit is suspended while any of the following types of complaint made by the member in accordance with regulation 80 of the Defence (Personnel) Regulations 2002 are investigated.

 

a.

A redress of grievance complaint made to the member's Service Chief under regulation 76 of the Defence Force Regulations 1952.

Note: Regulation 80 of the Defence (Personnel) Regulations 2002 permits a member to apply direct to their Service Chief without the need for the Commanding Officer to first investigate the complaint.

 

b.

A complaint to the Defence Force Ombudsman under the Ombudsman Act 1976, as in force from time to time.

 

c.

A complaint to the Minister.

 

Note: Once the complaint is resolved, the special benefit may still be paid, if it has not been refused by the member.

3.

The member must not be paid a special benefit if the member refuses to be transferred to the category of the Reserves in the period stated in the notice of offer made under regulation 74 or 77 of the Defence (Personnel) Regulations 2002.

 

Note: A member's refusal of a special benefit for MIER is final. The member cannot choose to take the special benefit later, after they have initially refused it, or after the period set out in the notice of offer has ended. The member must serve for the subsequent period set out in the notice of offer, (unless the member applies to resign and is permitted to do so in the meantime). This is a period of 13 months from the date of the notice of offer, or a later day specified in the notice of offer. The benefit is not payable even though the member may be transferred to the Reserves or have their service terminated at the end of the subsequent period.

See: Regulations 78 and 79 of the Defence (Personnel) Regulations 2002

1.

A member who accepts the offer of a special benefit under Part 3 of Chapter 8 of the Defence (Personnel) Regulations 2002 is to be paid the sum of the following amounts.

 

a.

An amount that meets all the following requirements.

 

i.

It is the sum of the amounts described in items 1 and 2 of the following table.

 

Item

Description

Amount

1.

ADF service, including earlier periods of ADF service

 

Note: The earlier service may have any break in service. It doesn't follow long service leave rules.

The sum of the following amounts.

a.

A fortnight’s salary for each completed year of continuous full-time service in the ADF.

b.

A pro rata payment for each completed part year of continuous full-time service in the ADF.

2.

Prior non-ADF service recognised for long service leave.

 

See: Chapter 5 Part 3, Long service leave, for a definition of this service.

The sum of the following amounts.

a.

A fortnight’s salary for each completed year of prior service that is recognised for long service leave.

b.

A pro rata payment for each completed part year of prior service that is recognised for long service leave.

 

 

ii.

Certain periods must be excluded from the calculations in this Part. These periods are those included by the Commonwealth or any employer in a previous payment of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.

 

iii.

The amount must not be more than the amount that the member would otherwise be paid for 48 weeks salary.

 

b.

An amount payable instead of the balance of the initial period specified in the period of notice, if the member chooses to be transferred to the Reserves or to cease serving as a member before the day specified in the notice of offer as the last day for accepting the special benefit for management-initiated early retirement. The amount is to be paid at the rate the member would receive had they taken pay instead of recreation leave.

2.

In this clause, salary includes service allowance.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.2, published at Chapter 4 Part 2 Part B Division B.2, Service allowance.

 

 

The member must repay to the Commonwealth any amount previously paid to the member under this Division, if all these conditions are met.

 

a.

The member has been paid a special benefit under this Division as a management-initiated early retirement.

 

b.

The member begins a further period of continuous full-time service (as a Reserve or a Permanent Forces member) within one year of ceasing to be a member, or transferring to the Reserves, because of their retirement.

 

c.

The Minister did not authorise the further period of continuous full-time service.

 

1.

The CDF or a Service Chief may approve payment of certain benefits to a former member for a period, having regard to the following considerations.

 

a.

Whether the period is necessary to provide the member with a reasonable period of transition assistance to adjust to the end of their Permanent Force career.

 

b.

The period for which the benefits are usually made available to a member ceasing service on the same grounds as the former member.

2.

Approval under subclause 1 may extend for a period of up to four months and is taken to start from the day that the member ceases service in the Permanent Force.

1.

Benefits approved during an additional transition period may include any of the following.

 

a.

Benefits under the career transition assistance scheme.

 

 

See: Part 2, Leaving the ADF: Career Transition Assistance Scheme

 

b.

Removal.

 

 

See: Chapter 6, Relocations

 

c.

Continuation of housing assistance.

 

 

See: Chapter 7, Housing and meals

 

d.

Medical, psychological and dental services and treatment; or reimbursement for equivalent private services if ADF services and treatment cannot be supplied.

2.

Other benefits and conditions of service such as salary, salary-related allowances and leave may not be paid for the additional transition period under this Division.

 

 

This Chapter deals with salary structures, pay scales, increments and related conditions of service for ranks of the ADF.

It also deals with superannuation and retention benefits, overpayments and recovery of them, and payments during detention.

 

This Chapter includes the following Parts:

 

Part 1

Entitlement and calculation of salaries

 

Part 2

Administration of salaries

 

Part 3

Salary packaging

 

Part 4

Overpayments and recovery

 

Part 5

Retention and completion benefits

 

Part 6

Salary and allowances during detention or suspension

 

Part 7

Medals and awards

 

 

 

This Part is reserved for publication in the ADF Pay and Conditions Manual of DFRT Determination No. 15 of 2008, Salaries, made under section 58H of the Defence Act 1903.

 

1.

This Part deals with the administration of salary for members of the Permanent Forces and Reserves. It explains general aspects of salary, including when salary is paid, commencement salary, increments and other related matters.

2.

This Part should be read together with DFRT Determination No. 15 of 2008, Salaries, and other relevant determinations made by the DFRT under section 58H of the Act.

See: Part 1, Salaries

 

This Part includes the following Divisions.

 

Division 1

About salaries

 

Division 2

Commencement salary

 

Division 3

Increments

 

Division 4

Specialist Officer – increment and competency arrangements

 

Division 5

Salary non-reduction provisions

 

The purpose of this Division is to explain the principles for administration of salaries set by the DFRT.

 

A member is not entitled to salary or any allowance determined by the DFRT for any period where the member meets any of the following conditions.

 

a.

The member is on leave without pay (except part-time leave without pay).

 

 

See: For part-time leave without pay, Chapter 5 Part 8 Division 2 subclause 5.8.15.2, Effect on remuneration and conditions of service

 

b.

The member forfeits their salary under the Part XIII of the Defence Force Regulations 1952.

 

c.

The member's remuneration is suspended under the Defence Force Discipline Act 1982.

 

d.

The member is undertaking service for a period under clause 3.2.10.

 

Subject to clause 3.2.4, the salary of a member starts on the day on which the member begins continuous full-time service and ends on midnight on whichever of the following days is relevant to the member's situation.

 

a.

For an officer — on the day on which the member resigns, retires, or their appointment or services are terminated.

 

b.

For Warrant Officer Class 1 and an other rank member — on the day on which the member is discharged, retired or terminated.

 

c.

In the case of a member who is seconded for service with another Government department or civil employment, the day before the member starts the secondment.

 

d.

In the case of a member who transfers to the Reserves, the day immediately before the transfer.

1.

Salary is worked out on the basis of a seven-day week.

2.

Salary may be paid to members every 14 days (a fortnight).

 

Note: This kind of service is sometimes called continuous full-time service.

 

1.

The fortnightly rate of salary and higher duties allowance is worked out by the following steps.

 

Step

Action

1.

Find the annual rate of salary and allowance payable to the member.

2.

Multiply that figure by fourteen.

3.

Divide the result of Step 2 by 365.

4.

The result of Step 3 is the fortnightly rate of salary and allowance that applies to the member.

 

2.

The daily rate of salary, allowance set by the DFRT, or higher duties allowance payable to a member is either of the following rates.

 

a.

In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate.

 

b.

In any other case — one fourteenth of the fortnightly rate.

3.

The pro rata daily rate of an annual rate of allowance payable to any eligible member can be worked out using the following rules.

 

a.

The following table lists the allowances for which the pro rata daily rate is one fourteenth of the fortnightly rate.

 

Item

Allowance

Reference

1.

Adventurous training instructor allowance

Chapter 4 Part 2 Division B.4

2.

Arduous conditions instructor allowance

Chapter 4 Part 2 Division B.5

3.

Clearance diver allowance

Chapter 4 Part 2 Division B.14

4.

Diving allowance

Chapter 4 Part 2 Division B.6

5.

Flying disability allowance

Chapter 4 Part 2 Division B.7

6.

Maritime disability allowance

Chapter 4 Part 2 Division B.9

7.

Maritime sustainability allowance

Chapter 4 Part 2 Division C.1

8.

Recruit instructor disability allowance

Chapter 4 Part 2 Division B.17

9.

Recruit instructor sustainability allowance

Chapter 4 Part 2 Division C.3

10.

Separation allowance

Chapter 4 Part 2 Division B.3

11.

Service allowance

Chapter 4 Part 2 Division B.2

12.

Special Forces disability allowance

Chapter 4 Part 2 Division B.12

13.

Special Forces sustainability allowance

Chapter 4 Part 2 Division C.2

14.

Submarine escape disability allowance

Chapter 4 Part 2 Division B.8

15.

Trainee allowance

Chapter 4 Part 2 Division B.1

16.

Unpredictable explosives allowance

Chapter 4 Part 2 Division B.15

 

 

b.

The following table lists the allowances for which the method for working out the pro rata daily rate is one of the following, as relevant.

 

i.

In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate.

 

ii.

In any other case — one fourteenth of the fortnightly rate.


Item

Allowance

Reference

1.

ADF district allowance

Chapter 4 Part 4 Division 1

2.

Antarctic allowance

Chapter 4 Part 4 Division 8

3.

(Antarctic) Common duties allowance

Chapter 4 Part 4 Division 9

4.

Antarctic parity allowance

Chapter 4 Part 4 Division 10

5.

Child allowance

Chapter 15 Part 2 Division 4

6.

Child reunion allowance

Chapter 15 Part 2 Division 5

7.

Cost of living adjustment

Chapter 15 Part 2 Division 2

8.

Hardship allowance

Chapter 16 Part 2

9.

Higher duties allowance

Chapter 4 Part 1

10.

...

 

11.

Port Wakefield allowance

Chapter 4 Part 4 Division 4

12.

Post adjustment

Chapter 15 Part 2 Division 3

13.

Scherger allowance

Chapter 4 Part 4 Division 6

14.

Trainee dependant allowance

Chapter 4 Part 7 Division 1

15.

Uniform allowance

Chapter 10 Part 1

16.

Woomera allowance

Chapter 4 Part 4 Division 3

 

 

c.

For each of the allowances listed in a row of the following table, that row also sets out the method for working out the pro rata daily rate of the allowance.

 

Item

The pro rata daily rate of...

for...

is...

1.

Language proficiency allowance

any member

one three hundred sixty-fifth of the annual rate.

2.

Rent allowance

any eligible member not on part-time leave without pay

one fourteenth of the rate set out in Chapter 7 Part 6 Division 4       clause 7.6.19, Working out rent allowance.

 

See: For part-time leave without pay, Chapter 7 Part 6 Division 5 clause 7.6.32, Member on part-time leave without pay

 

 

Note: The methods set out in this clause work out daily rates from annual rates. They do not override daily rates of allowance that are expressly specified in a determination.

4.

Fortnightly and daily totals may be rounded to the nearest cent.

5.

The rounded daily rate is not used to calculate an amount for two or more days in the pay fortnight. The unrounded figure is used instead.

6.

If a member is eligible for a daily rate of an allowance determined by the Defence Force Remuneration Tribunal, the rate is listed in the relevant determination.

 

See: DFRT Determination No. 11 of 2013, ADF Allowances

 

1.

The following table applies if both the following conditions are met.

 

a.

A member is entitled to a benefit which has a condition requiring a rate of contribution to be made in relation to a set time period.

 

 

Example: A fortnightly rate of contribution.

 

b.

A rate needs to be calculated for a period that is less than the prescribed time period.

 

 

Example: A contribution is prescribed as a fortnightly rate. The member only gets a benefit for three days because their service starts or ends during the fortnight. The member is only required to contribute for the days on which they get the benefit.

 

 

Exception: A period of part-time leave without pay.

See: Subclause 2.

 

Item

If the member is provided with…

and must pay...

then their daily rate of contribution is …

1.

living-in accommodation

living-in accommodation contribution

one fourteenth of the relevant rate listed in Chapter 7 Part 3 Annex 7.3.B, Rates of contribution for living-in accommodation.

2.

contribution for meals

one tenth of the relevant rate listed in Chapter 7 Part 7 Division 1 subclause 7.7.5.3, Fortnightly meal charges.

3.

contribution for utilities

one fourteenth of the rate listed in Chapter 7 Part 8 subclause 7.8.9.1, Contribution for utilities – member living-in.

4.

Service residence

Service residence contribution

one fourteenth of the relevant rate listed in Chapter 7 Part 5 Annex 7.A1, Contributions for Service residence or rent band choice accommodation.

5.

contribution for water

one fourteenth of the rate listed in Chapter 7 Part 8 subclause 7.8.7.2, Contribution for water – Service residence.

6.

contribution for energy costs

one fourteenth of the rate listed in Chapter 7 Part 8 subclause 7.8.8.2, Contribution for energy costs – Service residence.

7.

Rent allowance residence

rent allowance contribution

one fourteenth of the relevant rate listed in Chapter 7 Part 6 Division 4 Annex 7.A3, Contributions for rent allowance.

 


2.

The amount of contribution a member is required to pay may be increased if the member is granted part-time leave without pay. The table below points to further information.

 

Item

If the member is provided with…

and must pay...

then their daily rate of contribution while on part-time leave without pay is…

1.

living-in accommodation

living-in accommodation contribution

set out in Chapter 7 Part 3 Division 4 clause 7.3.26, Member on part-time leave without pay (living-in accommodation).

2.

contribution for meals

the relevant rate listed in Chapter 7 Part 7 Division 1 subclause 7.7.5.3, Fortnightly meal charges.

3.

contribution for utilities

the same rate listed in Chapter 7 Part 8 subclause 7.8.9.1, Contribution for utilities – member living-in.

4.

Service residence

Service residence contribution

as set out in Chapter 7 Part 5 Division 9 clause 7.5.52, Member on part-time leave without pay (Service residence).

5.

contribution for water

the same rate listed in Chapter 7 Part 8 subclause 7.8.7.2, Contribution for water – Service residence.

6.

contribution for energy costs

the same rate listed in Chapter 7 Part 8 subclause 7.8.8.2, Contribution for energy costs – tied or Service residences.

7.

Rent allowance residence

rent allowance contribution

as set out in Chapter 7 Part 6 Division 5 clause 7.6.32, Member on part-time leave without pay.

 

3.

A member occupying a Service residence or rent allowance residence who is granted part-time leave without pay must notify Defence Housing Australia of the details of that grant in writing.

 

See: Chapter 1 Part 5 clause 1.5.2, Change in member circumstances

4.

Part-time leave without pay has no effect on payment of casual meal charges.

 

See: Chapter 7 Part 7 Division 1 subclause 7.7.10.1.

 

If a member dies or is missing and presumed dead, the member may be taken to have ceased continuous full-time service.

Related Information: Clause 1.6.5, Effect of death on eligibility for salary and allowances

 

1.

The CDF may approve a member entering into a contract with a United Nations or other multi-national force approved by the CDF, to perform services for a specified period at a location overseas.

2.

In giving approval under subclause 1, the CDF must have regard to the following factors.

 

a.

Australia's obligations to the United Nations or other multi-national force.

 

b.

The interests and operational capability of the Defence Force.

 

c.

The interests and likely career progression of the member.

 

d.

Any other factor relevant to the agreement with the other force.

3.

For the period of the approval under subclause 1, the member is remunerated by the other force and not under DFRT Determination No. 15 of 2008, Salaries.

1.

Salary is to be paid to a member for each day or part day that the member meets both of the following conditions.

 

a.

The member is required to attend for duty.

 

b.

The member attends for that duty.

2.

If a member is required to attend for duty for less than six hours on a day, they are entitled to a proportion of the daily rate, worked out under this table.

 

Item

If a member attends for duty for this amount of time…

the rate of salary is...

1.

three hours but less than six hours

half the daily rate.

2.

two hours but less than three hours

one third of the daily rate.

3.

for a member in an approved category – at least one hour, but less than two hours

one sixth of the daily rate.

 

 

Note: Current approved categories are medical, dental and legal officers and chaplains.

3.

A day for a Reserve member who performs duty under a shift roster, is the period of 24 hours, beginning when the member first commences a shift on the day.

Example: A member who attends for duty between six and 24 hours is entitled to one day's pay. This applies even if members of the Reserves are normally required to work the same daily routine as members of the Permanent Forces in the same area. Note that the six hour duty period (excluding meal breaks) is the minimum qualifying time for one day's Reserve pay, it is not the length of the Reserve working day.

 

1.

In this clause, excess service means any day of duty that is above the number of days approved in the member's annual training commitment.

2.

A Reserve member is not entitled to salary for any period of excess service.

3.

The member's salary for the approved days is worked out using the whole period of approved and excess service.

 

a.

If the same rate of pay applies through the whole period, payment for approved days is made at that rate of pay.

 

b.

If the rate of pay increases during the period of approved days, the member is to be paid the higher rate of pay for all approved days that fall on or after the date of the change.

 

c.

The member is to be paid at the rate that attracts the highest rate of salary in the whole annual period of service, up to the number of approved days.

 

d.

The following table shows how to calculate salary under paragraph c. for approved days when the rate of pay changes during a period of excess service.

 

Step

Action

1.

Count the number of days of excess service in the following period.

a. The period starts on the day of the change in the rate of pay ('the new pay rate').

b. The period ends on the last day of excess service at the new pay rate.

2.

Count back in time from the first day of the Reserve member's excess service, by the number of days in Step 1. Only count days the member worked.

3.

The member may be paid the difference between the rate that was previously payable for the approved days and the new pay rate, from the date worked out under Step 2.

 

 

Example: A member is approved to work for 20 days, Monday to Friday, 1 to 26 March. The member works her 20 approved days, but continues the arrangement for two more weeks, so she actually works 30 days, until 9 April. On Monday 5 April there is a pay rise.

 

Step

Action

1.

The member gave 5 days of excess service between the change of the pay rate (5 April) and the last day of her excess service (9 April).

2.

Counting back 5 working days from the first day of the Reserve member's excess service (29 March) gives 22 March.

3.

The member may be paid the new pay rate from 22 March.

 

 

A member is taken to be on duty in the circumstances and corresponding periods described in the table.

 

Item

If a member is...

they will be taken to be on duty for the period starting...

and ending...

1.

directed to attend away from their normal place of duty

at the start of the journey from where the member normally lives

when the member commences duty in the other location.

2.

returning to the place they normally live after attending for duty away from it

at the start of the return journey to the place where the member normally lives

when the member arrives at the place they normally live.

Example: A member of the Reserves travels from Canberra to Melbourne for a training course. While travelling to Melbourne they are taken to be on duty. While on the course they are on duty. While travelling home they are on duty.

3.

admitted to hospital while parading for approved duty

the day when they are admitted to hospital

on the earlier of the following days:

a. the day when they are discharged from hospital; or

b. the first day that one of dates in item 4 occurs.


Item

If a member is...

they will be taken to be on duty for the period starting...

and ending...

4.

on a period of medical absence due to illness or injury arising out of and immediately following a period of Reserve duty

 

the day that the Commanding Officer approves as the first day of the medical absence

on the earliest of the following days:

a. the day:

i. the period of medical absence authorised has passed; and

ii. the member has been cleared for duty by a service medical officer;

b. the day the Department of Veterans' Affairs commences payment to the member;

c. the day the member starts civilian employment or receives sick leave payment from a civilian employer;

d. a day for which sick leave is payable by the member's employer;

e. the day the member receives unemployment or a similar benefit from Centrelink;

f. the day the member has recovered from their injury and parades with their unit; or

g. the day the Department of Veterans' Affairs notifies the member that it has rejected the claim.

1.

This clause applies to a member on Reserve service.

2.

The CDF may deem a member to be required and attending for duty while they are recuperating following a period of intense activity associated with an exercise, operation or deployment.

 

Example: On return from an exercise all members on continuous full-time service are granted a period of short leave to physically recover. A Reserve member is not eligible for the leave, but may be deemed to be on duty for an equivalent period.

3.

The CDF may deem a member to be required and attending for duty when they are required to be away from their home location over a non-working day in order to perform duties during the days immediately before or after. For this subclause a non-working day is a weekend, a public holiday or a rostered day off.

 

Example: A Reserve member from Melbourne performs two weeks' duty in Townsville but is only required to attend for duty from Monday to Friday each week. The decision-maker deems the member to be required and attending for duty for the Saturday and Sunday instead of being returned to their home location.

 

Note: A member deemed under subclauses 2 or 3 is eligible for remuneration at their daily rate of salary.


 

Exception: This exception applies to a member who performs duty for another employer while deemed to be required and attending for Reserve duty. If the member is paid for that duty the member is not eligible for payment under this clause. A member who is on paid leave from another employer is eligible for payment under this clause.

4.

A Reserve Chaplain may be placed on a Notification Team roster by one of the following decision-makers, according to the member's Service.

 

a.

For Navy — Director General Chaplain – Navy.

 

b.

For Army — Principal Chaplain – Army.

 

c.

For Air Force — Director General Personnel – Air Force.

 

Note: Clause 3.2.11 applies to calculating the salary entitlement.

 

Authority: Defence Instruction (General) Personnel 11-2, Notification of Australian Defence Force and non-Australian Defence Force casualties.

5.

A Reserve Chaplain on a Notification Team roster is deemed to be attending for duty between the first and last day of each period that they are rostered on the Notification Team roster.

 

The following arrangements apply to a Reserve Forces member who attends a session under the Reserve Assistance Program.

 

a.

If all the following conditions are met the member is taken to be on duty for the period of the session.

 

i.

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

 

ii.

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

 

iii.

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

See: Chapter 8 Part 10 clause 8.10.3, Counselling sessions

 

 

Note: A member who attends a session must still meet the qualifying period in

clause 3.2.11 to be paid. See Chapter Part 2 Division 1 clause 3.2.11, Working out a day for Reserve Service.

 

b.

For sessions that do not meet the conditions in paragraph a the member is not taken to be on duty.

 

See: Chapter 8 Part 10, Reserve Assistance Program

1.

This clause applies to a member who performs Reserve service on a day.

2.

The member must notify in writing of the hours that they perform duty, including start and end times. This is to be done using the form provided in Defence’s electronic personnel pay system if it is available.

 

Note: This information is needed to allow calculation of the amount to be paid to the member. A member who does not advise their hours of duty will not be paid salary and allowances. Special provisions may apply if a member is unable to notify.


 

See: Chapter 1 Part 6
Clause 1.6.3, Payment of an amount to a person under legal disability
Clause 1.6.4, Payment of amounts on death of a member

1.

Salary may be paid to a member on Reserve service every 14 days (a fortnight).

2.

A Commanding Officer may approve a salary payment outside of the fortnightly pay cycle, if the Reserve member can demonstrate exceptional circumstances or hardship.

1.

This clause applies to a member of the Reserve Force on continuous full-time service or on Reserve service.

2.

Payment of salary and allowances to a member is made by electronic funds transfer into a financial institution advised by the member.

 

 

The Division describes how to work out the rate of salary that may apply to a member at various points in their career.

Note: From 17 March 2011, this Division also applies to officers who hold the rank of Brigadier or higher.

1.

On the day a member is enlisted or appointed, salary becomes payable to the member at the minimum rate for the member's rank at the relevant pay grade.

 

Exception 1: The CDF may approve a salary above the minimum rate in the salary scale for a member because of their experience, qualifications and skills.

 

Exception 2: The member may be paid at a higher rate if another clause in this Division authorises it.

 

Note: This does not apply to a member on training rates.

See: Clause 3.2.23, Salary rate for training – start and advancement dates

2.

The discretion in exception 1 to subclause 1 does not apply to an officer appointed to an ordinary entry-level rank listed in the following table.

 

Item

Service

Ordinary entry-level officer rank

1.

Army

Officer cadet (OCDT)

2.

Air Force

Officer Cadet (OFFCDT)

 

On the day that a member's rank changes due to a promotion, the member is to be paid at the minimum rate for the member's new rank at the relevant pay grade.

 

Exception 1: The CDF may approve a salary above the minimum rate in the salary scale for a member on promotion because of their experience, qualifications and skills.

 

Exception 2: The member may be paid at another rate if a non-reduction provision applies.

See: Division 5, Salary non-reduction provisions

See also: DFRT Determination No. 15 of 2008, Salaries, clause B.2.4, Rate of salary on advancement from other rank – Sergeant and above

 

1.

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

 

a.

The member's pay grade changes.

 

b.

The change is for a reason other than disciplinary action or administrative sanction.

 

c.

The change is not related to the member becoming eligible for salary in a different pay grade scale under another salary Schedule in DFRT Determination No. 15 of 2008, Salaries.

Examples:

1.  An other rank member who becomes a Warrant Officer Class 1.

2.  An other rank member who is commissioned as an officer.

3.  An officer who is promoted to the rank of Brigadier or higher.

2.

The member is to be paid the salary rate for the new pay grade that corresponds to the rank increment the member held at their former pay grade.

Exception: If salary non-reduction arrangements apply to the member under Division 5, then the member's salary will be preserved at the rate for the member's rank and increment at the former pay grade for the period that is specified.

See: Division 5, Salary non-reduction provisions

1.

This clause applies to a member who ceases to perform duty as a specialist officer.

2.

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

 

Exception 1: The CDF may approve a salary above the minimum incremental rate for a member because of their experience, qualifications and skills.

1.

Relevant military service has the meaning defined below.

 

Term

Definition in this clause

Relevant military service

Service that meets all of these conditions.

a. It must have been in the ADF, or the forces of a Commonwealth country or the United States of America.

b. It must be relevant to the kind of work the member enlisted or is appointed to do.

c. It must have been performed at a rank equivalent to the rank the member enlisted or is appointed to, or at a higher rank. The CDF may declare that another rank is equivalent. The declaration must be in writing.

 

2.

This clause does not apply to members on promotion.


3.

A member may have previous relevant military service at the time they enlist or are appointed to a rank. The CDF may grant the member a commencement salary between the following two amounts.

 

a.

The minimum rate.

 

b.

The rate the member would have been paid if the member's service had been in the ADF.

4.

The CDF must consider all of the following factors.

 

a.

The member's previous relevant military service.

 

b.

What incremental salary rate the length of the member's relevant military service would place them at in the salary scale.

 

c.

For a member being reappointed or re-enlisted – whether the qualifications, skills or training requirements for the rank have changed since the member last served.

 

d.

Other matters relevant to periods of service for salary advancement.

Example: The member's service is recognised for the purpose of seniority in rank under the Defence (Personnel) Regulations 2002.

5.

This table sets out what the CDF considers in working out the period of relevant military service if there is a break in service between two periods of continuous full-time service.

 

Item

If the break in service is…

then the CDF may disregard…

1.

five years or less

any service before an earlier break in service.

2.

more than five years

any service before the break.

 

 

Example 1: A member is appointed to a rank in January 2004 on direct transfer from the British Army. Three years previously, the member had a six-year break in service. The CDF ignores the service before that six-year break, when determining the member's commencement salary. The CDF does this because the break in service was more than five years.

Example 2: A member is appointed to a rank in January 2007 after a 12-month break from service. Before that break, they had served for two years from January 2004 to January 2006. Before that service, they had taken a break of 12 months after service of four years from 1999 to January 2003.

 

Jan 1999

Jan 2003

Jan 2004

Jan 2006

Jan 2007

4 years

12 months

2 years

12 months

 

service

break

service

break

service

 

 

The CDF ignores the 1999–2003 service when determining commencement salary in January 2004. The CDF does this because the break in service was more than five years. The skills and qualifications for that rank in that earlier period are no longer adequate or applicable.

 

1.

The CDF may approve a salary above the minimum rate in the salary scale for the member's rank, for a member who served in the Reserves before they enlisted or were appointed to the Permanent Forces. This also applies to any other service that is not continuous full-time service.

2.

The CDF must consider the nature and period of the previous service, having regard to any relevant matters set out in Division 3 or Division 4.

See:
Division 3, Increments
Division 4, Specialist Officer – increment and competency arrangements

Example: A Captain in the Reserve Force has six years of effective Reserve service and transfers to the Permanent Force. The CDF considers the member's period and nature of service, and decides that it is equivalent to three years of continuous full-time service. The CDF could decide to place the member on the third salary increment for Captain in the pay schedules.

3.

...

1.

This clause applies to a member undergoing recategorisation training

 

See: Chapter 1 Part 3 clause 1.3.41, Member undergoing recategorisation training

2.

During training, the member is to be paid the relevant of the following amounts.

 

a.

For Permanent Force members and Reserve Force members on continuous full-time service — both of the following.

 

i.

Salary at the rate for the rank, pay grade and increment that they held immediately before they began training

 

ii.

Service allowance.

 

b.

For Reserve Force members — both of the following amounts.

 

i.

The daily rate of salary for the rank, pay grade and increment that they held immediately before they began training.

 

ii.

Reserve allowance.

 

c.

For Reserve Force members who transfer to the Permanent Force or onto continuous full-time service for their period of training — both of the following amounts.

 

i.

The salary for the rank, pay grade and increment that they would have held if they were on continuous full-time service immediately before they began training.

 

ii.

Service allowance.

 

See also: Division 3 clause 3.2.25, Increment advancement

3.

A Service Chief may approve an extended period of payment under subclause 2 for a member who has completed training. The Service Chief must specify the period of the extension.

 

1.

A member who meets both the following conditions is to be paid the rate of salary under Schedule B.13 of DFRT Determination No. 15 of 2008, Salaries, that applies to the first year of the member's course of training, from the day the member starts their service. This includes a member on Reserve service.

 

a.

The member is a trainee entrant to the ADF.

 

b.

The member is appointed for a course of training to which annual rate changes apply.

 

See: Part 1 Schedule B.13, Trainee salary rates

2.

If a member is advanced to a higher year of training to recognise previous studies then they are to be paid salary at the following rates and corresponding periods.

 

a.

From the date of entry into the Service — the rate of salary that applies to the first year of the member's course of training.

 

b.

From the date the member begins the academic studies of the higher year — the rate that applies to that higher year of training.

3.

If a course of training listed in Schedule B.13 of DFRT Determination No. 15 of 2008, Salaries, provides rates of salary for different years of the course, then the member is to be paid the rate applicable to the year they are in, regardless of when they start the training.

See: Part 1 Schedule B.13, Trainee salary rates

 

Example 1: A member's salary would normally increase to the next rate that is listed in the Schedule for the course on the commencement of a new year of the course, 1 January.

Example 2: If the member commences a new year of the course mid-year, then the date of change may be 1 July.

4.

For members undergoing a course of officer training and paid in accordance with item 7 of Part 1 of Schedule B.13 of DFRT Determination No. 15 of 2008, Salaries, the date of increase to the next year's rate is the date that corresponds to the member's month of entry to the course, set out in paragraph a or b.

 

a.

For the January entry — the date of commencement of the second term.

 

b.

For the July entry — 1 January of the following year.

 

See: Part 1 Schedule B.13, Trainee salary rates

5.

If approval is given for a trainee to repeat a year of training, that member is to be paid the rate applicable to the year of training being repeated.

6.

To avoid doubt, for salary purposes a member is taken to be a trainee in the graduate medical scheme for any period in which both the following conditions apply to them.

 

a.

The member was appointed to the Australian Regular Army and started participating in the graduate dental scheme between 19 February 2009 and 12 February 2013.

 

b.

The member participates in the graduate dental scheme.

 

See: Part 1 Schedule B.13: Trainee salary rates, Column 1, item 8

 

This Division describes advancement through a rank, based on the passing of time.

Note: From 17 March 2011, this Division also applies to officers who hold the rank of Brigadier or higher.

 

In this Division, a member's increment anniversary date is the day that is 12 months after the member's most recent appointment, enlistment, promotion or last increment advancement date.

 

This Division does not apply to a member who is paid a specialist rate of salary.

 

See: Division 4, Specialist Officer – increment and competency arrangements, sets out advancement through ranks and competency arrangements for a specialist officer.

1.

A member is to be given an additional increment of salary if all of the following conditions are met.

 

a.

The member's rate of salary is below the top increment for the member's rank.

 

b.

The member ordinarily carries out duties at the standard of competence for the member's rank, experience, pay grade and employment category (including any applicable classification).

 

 

Exception: Senior officers eligible to be paid salary under Schedule B.1 of DFRT Determination No. 15 of 2008, Salaries, do not need to meet the employment category condition in this paragraph.

 

c.

In the year since their most recent appointment, enlistment, last promotion, or last increment advancement date, the member has completed the following amount of service.

 

i.

For a Permanent Force member – 12 months of continuous full-time service.

Note: This includes a member on part-time leave without pay, their service is not discounted due to the part-time arrangement.

 

ii.

For a Reservist (including a Reservist on continuous full-time service) – 20 days or more of service in a 12 month period.

Exception: For the increment following 1 July 2015, special transitional rules apply for some members.

Related information: Clauses 3.2.25A and 3.2.25B.

 

iii.

For a member who served in both the Permanent and Reserve Forces in a 12 month period – 20 days of service, made up of the sum of the service in both Forces.

2.

A member may not receive more than one increment advancement under this clause in any 12 month period, except as a result of their initial transition to the 2 July 2015 salary structure.


3.

This subclause applies to a Reserve member. The following table sets out how part days of duty count toward the amount of service needed to qualify for an increment.

 

Item

If a member...

then...

1.

performs a period of duty for six hours or more

that period counts as a full day for the purposes of subclause 2.

2.

performs duty for a part day

that time can be combined with other part days. The total counts towards the time period conditions set out in subclause 2.

See: Division 1 clause 3.2.11, Working out a day for Reserve service

3.

is taken to be attending for duty under clause 3.2.13

that period of duty will count towards the time period conditions set out in subclause 2.

4.

is taken to be attending for duty in special circumstances under clause 3.2.13A

 

4.

If a member performs a period of higher duties, the service at the higher rank counts towards increment advancement in the member's substantive rank, but not in the higher rank.

Related Information: Chapter 4 Part 1 Division 3 clause 4.1.20, Increments

5.

For members of the Permanent Force, any period when the member is not entitled to salary cannot be counted for salary increments.

Examples: Leave without pay, absence without leave.

Exception: Member on contract with the United Nations.

6.

A member undergoing recategorisation training under clause 3.2.22 is eligible for increment advancement at their preserved salary rate if they meet the relevant conditions under this clause.

1

For their increment anniversary date which occurs between 2 July 2015 and 1 July 2016, a member who meets all the following conditions only needs to have completed 7 days of Reserve service in the preceding 12 month period, instead of the 20 day time requirement in subparagraph 3.2.25.1.c.ii.

 

a.

The member is serving in the High Readiness Specialist Reserve or Specialist Reserve.

 

b.

They were a member in the High Readiness Specialist Reserve or Specialist Reserve on 1 July 2015.

 

c.

They have not been promoted to a higher rank on or after 2 July 2015 and before the increment anniversary date that would otherwise have occurred by 1 July 2016.

2.

A Reserve member may be advanced an additional increment if they meet the following conditions between 2 July 2015 and 1 July 2016.

 

a.

On the increment advancement date that follows 2 July 2015, the member has completed 20 days of Reserve service in each of the two years before that date

 

b.

The member has not been promoted in that period.


 

c.

They are more than one increment below the top increment for their rank, as in force on the increment anniversary day.

 

 

Example: The member has served the 2 years required for a single increment under the old rules. However, they have provided enough service to make up 2 increments under the new rules. Their salary is increased by two incremental rates, one for each of the years that they have provided 20 days of service.

1.

A member of the Reserves may be affected by changes made to the incremental salary structure on 2 July 2015.

2.

To ensure no member is disadvantaged by the change, the member is to be placed on the incremental level that pays a rate identical to their incremental salary rate as in force on 1 July 2015. The member's 1 July ('old') increment listed at Column 1 of the table at Annex 3.2.AA transitions to the new 2 July increment in the same row and listed in Column 3 of the table.

Note: The member's service under their old increment (either Permanent or Reserve Force) is counted toward their placement in the new increment.

3.

Following 1 July, the member's incremental level is adjusted to the relevant increment level in accordance with Column 4 or 5 of Annex 3.2.AA.

1.

If a member does not meet the conditions for incremental advancement under paragraph 3.2.25.1.b, the member's Commanding Officer may defer the payment of an increment for up to 12 months.

2.

The decision to defer an increment must meet all the following conditions.

 

a.

It must be in writing.

 

b.

The period of the deferral must be specified.

 

c.

A copy must be provided to the member.

3.

The decision to defer an increment must be reviewed within four months of the date of deferral. If the member is assessed having carried out their duties and responsibilities at the standard expected during that four months, the increment will be granted at the end of that review period.

 

A salary increase that is not a salary increment under subclause 3.2.25.1 does not affect the date for the next increment.

Example: A member began continuous full-time service on 1 September 2003. On 1 December 2003, salary rates increased by 2% under a DFRT Determination. If the competence requirement is met, the member is entitled to a salary increment on 1 September 2004 at the new rate.

 

 

A member keeps the increment level for their rank when their pay grade changes.

Note: Senior officers paid under Schedule B.1 of DFRT Determination 15 of 2008 do not change pay grade once they have been placed in a pay grade.

Example: The DFRT approves an increased pay grade for an officer employment category. An affected officer's employment category is moved from pay grade 3 to pay grade 4. The officer's incremental date is not affected by the change. If the officer serves competently and gets their increment, it will be paid at the new increment in pay grade 4.

 

Exception: Clause 3.2.31 deals with salary for a member who is reduced in rank for disciplinary reasons or as an administrative sanction.

1.

This clause describes how earlier service in a higher rank can affect a member's increment when they are promoted to a new substantive rank.

2.

This clause applies to a member who meets both of the following conditions.

 

a.

The member is promoted while in service. It is not to be confused with provisions dealing with salary on appointment or enlistment.

 

b.

The member has previously served at their new substantive rank, or a higher one.

 

 

Example: Temporary or acting rank for at least one year.

3.

Periods of service must add up to full years of service to be counted towards an increment under this clause. Periods of service that add up to part-years (that is, less than one year of service) do not count for salary increments in the higher rank.

4.

Periods of earlier service that meet either of these conditions can count towards increments.

 

a.

A period of service at temporary or acting rank that is continuous with service in the member's new substantive rank. The whole period of continuous service counts towards the date of the member's next increment. There must be no break at all between the two periods of service.

Example: A Flying Officer acted as a Flight Lieutenant for 18 months immediately before they were promoted permanently to Flight Lieutenant. They are entitled to be paid at the first incremental point on promotion. This is as if they had completed one year's service as a substantive Flight Lieutenant. The remainder of six months' acting service cannot be carried over as credit towards the next increment.

 

b.

Periods of service at temporary or acting rank that are not continuous with service in the member's new substantive rank. This service must be within an overall period of double the number of years needed to qualify for the particular salary increment in that rank. Periods of service can be added together, provided they are within that overall period.

Note: This is sometimes known as the 'one in two' rule, that is, one year in the last two years, two years in the last four, three years in the last six, etc.

 

 

Example 1: A Sergeant acted as a Warrant Officer Class 2 for three periods totalling one year, during the two years before they were promoted to Warrant Officer Class 2. They are entitled to be paid at the first incremental point on promotion. This is as if they had completed one year's service as a substantive Warrant Officer Class 2.


 

 

Example 2: A Captain acted as a Major for a total of two years three months during the four years before they were promoted permanently to Major. Their acting service was not continuous with service on promotion. They are entitled to be paid at the second incremental point on promotion. This is as if they had completed two years’ service as a substantive Major. The remainder of three months' acting service cannot be carried over as credit towards the next increment.

1.

This clause applies to an Army member with the rank of Private. The member is paid as Private Proficient if they meet all of the following conditions.

 

a.

They have completed initial training for their employment category.

 

b.

They have completed at least 12 months’ service after finishing training.

 

c.

They are proficient in their military trade or skill.

2.

A member on Reserve service can hold the rank of Private Proficient for salary purposes only if both these conditions are met.

 

a.

At least 24 months have passed since they finished initial employment category training.

 

b.

They remain proficient in their trade or skill.

 

If a member’s rank is reduced, they are entitled to salary at a rate approved by CDF in the salary scale of the lower rank. CDF must consider all the following factors in setting the member's new salary rate.

 

a.

Their previous service at the lower rank.

 

b.

Relevant service in the higher rank.

 

c.

The circumstances of the reduction in rank.

 

See: Chapter 7 Defence (Personnel) Regulations 2002

1.

This clause describes how earlier service in a previously held rank can affect a member's rate of salary on promotion.

2.

The member must meet all the following conditions.

 

a.

They have been reduced in rank.

 

b.

They are later promoted to the rank that they held substantively before the reduction in rank.

 

c.

The actions in paragraphs a and b occur within a single period of service.

3.

The CDF may approve earlier periods of the member's service in the higher rank to be counted towards the member's increment in the higher rank.

 

Exception: Where the reduction was for inefficiency.

 

This Division describes advancement through ranks and competency arrangements for a specialist officer.

Note: Specialist officer salary structures apply only to chaplains and legal, medical and dental officers. All other officers are paid under the officer pay grades set out in Schedule B.2 of DFRT Determination No. 15 of 2008, Salaries.

See: Part 1, Schedule B.2 Officer pay grades

1.

A Chaplain is eligible for incremental advancement in the specialist officer salary structure 12 months after the later of the following two dates.

 

a.

The day the member is posted to a position requiring a higher competency level than the member previously held.

 

b.

The day the member is promoted to a higher rank.

1A.

A dental officer is eligible for incremental advancement in the specialist officer salary structure 12 months after the later of the following two dates.

 

a.

The day the member is assessed as holding a higher dental level than the member previously held.

 

b.

The day the member is promoted to a higher rank.

 

Example 1: A Captain dental officer is assessed as DL2-1 on 15 March 2012. The increment to DL2-2 is paid on 15 March 2013.

 

Example 2: A Captain dental officer assessed as DL2-2 is promoted to Major DL2-1 with effect from 1 January 2012. The date for the next increment to Major DL2-2 is 1 January 2013.

 

Example 3: A Captain dental officer receives an increment to DL2-3 with effect from 15 March 2012. They are then promoted to Major DL2-1 with effect from 13 September 2012. The anniversary for the next increment is 13 September 2013, not 15 March 2013.

2.

A dental officer in the specialist officer salary structure is eligible for increment advancement 12 months after the day they become eligible for payment under that structure.

3.

On promotion, a Chaplain or dental officer, is paid the lowest increment for their competency or dental level at the new rank.

 

Example: A Captain at DL2-3 level is promoted to Major. They will be paid at DL2-1, which is the lowest increment level for a Major at DL2.

 

Exception: For a member who becomes a specialist officer, the CDF may approve a salary above the minimum incremental rate in a competency or dental level because of the member's relevant experience, qualifications and skills.

4.

On advancement to a higher competency or dental level under clause 3.2.35 or 3.2.36, the member's increment level is the lowest increment for that competency or dental level.

 

Example: A Captain at DL2-3 is advanced to the next dental level of DL3. The new dental level and increment level will be DL3-1.

1.

A medical officer may enter the medical officer specialist officer career structure in any of the following ways.

 

a.

The member has a competency level that is converted to a medical level on commencement of DFRT Determination No. 4 of 2010, Medical officer salaries – specialist officers amendment.

Note: The power to assign a competency level to medical officers was formerly contained in salary determinations made under section 58H of the Defence Act 1903 and medical officers in service prior to 27 May 2010 may have been assigned competency levels from time to time in accordance with that framework.

 

b.

The member ceases to be paid salary under item 5 or 6 of the table in subclause B.3.3.1 of DFRT Determination No. 15 of 2008, Salaries, and starts being paid under item 4 of the same table.

 

c.

The member ceases to be paid salary under item 7 of the table in subclause B.3.3.1 of DFRT Determination No. 15 of 2008, Salaries, and starts being paid under item 4 of the same table.

 

d.

The member otherwise becomes a medical officer.

2.

A medical officer in the specialist career structure is eligible for an additional increment level (up to the maximum increment level for their medical level) if the medical officer meets all of the following conditions.

 

a.

The member holds a medical level between ML2-1 and ML3-4.

 

b.

The member holds a qualification that meets both of the following.

 

i.

The Diploma of Aviation Medicine, Diploma in Hyperbaric Medicine, or a similar qualification approved by CDF as valuable to the ADF.

 

ii.

The qualification is not listed in Schedule 4 of the Health Insurance Regulations 1975.

 

Note: Subparagraph ii. relates only to the medical level as described in paragraph a. of the definition of medical level under clause B.3.2 of DFRT Determination No. 15 of 2008, Salaries.

 

c.

The member has not already been given an additional increment due to the recognition of their specified qualification under the conversion schedule in DFRT Determination No. 4 of 2010, Medical officer salaries – specialist officers amendment.

3.

A medical officer in the specialist career structure becomes eligible for an increment level advancement (up to the maximum increment level in the relevant Part of Schedule B.8 in DFRT Determination No. 15 of 2008 that applies to the medical officer) according to the table below.

 


Item

A medical officer paid under...

becomes eligible for an increment level advancement...

1.

Part 1 or 2 of Schedule B.8

on the earlier of the following dates:

a. The day that is 12 months after the medical officer's last increment level advancement date under Part 1 or 2, whether the advancement occurred under the medical officer specialist career structure or a legacy medical structure.

Example: A medical officer at CL2-2 with an increment level advancement date of 8 September 2009 moved to the new medical officer specialist career structure on 27 May 2010. The officer was assigned ML2-3 due to a specified qualification being recognised under subclause 3.2.34A.2.  This medical officer's increment level advancement date was 12 months after the day of their last increment in the legacy system as CL2-2 and received their next increment level advancement to ML2-4 on 8 September 2010.

b. The day that is 12 months after the medical officer enters the medical officer specialist career structure.

Example: A member entered the medical officer specialist career structure on 1 June 2010 at medical level ML1-1 and was paid salary under Part 1 of Schedule B.8. This medical officer moved to increment level ML1-2 on 1 June 2011.

2.

Part 1A or 2A of Schedule B.8 (medical procedural specialist)

on the earlier of the following dates:

a. The day that is 12 months after the medical officer begins to be paid salary under Part 1A or 2A.

Example: A medical officer entered the medical officer specialist career structure on 1 June 2012 at medical level ML4-4. This medical officer became a medical procedural specialist on 1 April 2013 and paid the entry rate of salary under Part 1A of Schedule B.8. The member may be eligible for increment advancement under Part 1A of Schedule B.8 on 1 April 2014. 

b. The day that is 12 months after the medical officer's last increment level advancement date under Part 1A or 2A.

 

Example: A medical procedural specialist at increment 2 (with an increment level advancement date of 8 September 2013) will be eligible to receive their next increment level advancement on 8 September 2014.

 

4.

A medical officer may move up more than one increment level in their medical level in a period of 12 months if the medical officer receives an additional increment under   subclause 2 and an incremental advancement under subclause 3 of this clause.

5.

On promotion from rank to rank, a medical officer retains the same medical level (ML1, 2, 3 or 4) and the same increment level they held before promotion.

Example: A Captain at ML2-3 level is promoted to Major. They will be paid at the ML2-3 increment level for a Major.

Note: The member's increment advancement date will remain unchanged.


6.

On advancement to a higher medical level under clause 3.2.38, the member's new increment level is the lowest increment for that medical level.

Example: A Captain at ML2-7 is advanced to the next medical level, ML3. The new medical level and increment level will be ML3-1.

See: Clause 3.2.38, Medical levels – medical officer

7.

A medical officer, who is in the transitional group of medical officers outlined in table item 5, 6 or 7 of subclause B.3.3.1 of DFRT Determination No. 15 of 2008, Salaries, first becomes eligible for an increment advancement under clause 3.2.34A from the day that the medical officer achieves the required qualifications for that competency level.

See: Part 1 Part B Division 3 subclause B.3.3.1, Rate of salary for specialist officer

8.

For medical officer who becomes eligible to be paid under Schedule B.8 Part 1A or 2A of DFRT Determination No. 15 of 2008, Salaries, the medical officer's initial increment level is the higher of the following.

 

a.

The entry level increment for their Force and rank.

 

b.

An increment level approved by Surgeon General Australian Defence Force above the entry level increment for the medical officer because of their qualifications, clinical experience, and currency of skills.

1.

 A legal officer in the specialist career structure becomes eligible for an increment level advancement (up to the maximum increment level for their legal level) on the later of the following dates.

 

a.

The day that is 12 months after the legal officer entered the specialist career structure.

 

b.

The day that is 12 months after the legal officer advanced to a higher legal level.

 

c.

The day that is 12 months after the legal officer was promoted to a higher rank.

 

d.

The day that is 12 months after the legal officer's last increment level advancement date.

2.

On promotion, a legal officer retains the competency element of their legal level (LL1, 2, 3, 4 or 5) but is paid the lowest increment for that level at the new rank.

 

Exception: For a legal officer, the CDF may approve a salary above the minimum incremental rate in a legal level because of the member's relevant experience, qualifications and skills.

3.

On advancement to a higher legal level under clause 3.2.37, the legal officer's increment level is the bottom increment for that legal level.

 

See: Clause 3.2.37, Legal levels – legal officer

 

1.

The CDF may approve the qualification, skill and experience requirements for a competency level for chaplains.

2.

The CDF may designate a position as requiring a specific competency level.

3.

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

4.

A chaplain may only advance to competency level 3 if the CDF is satisfied that the officer meets both of the following conditions.

 

a.

The chaplain meets the requirements for competency level 3.

 

b.

The chaplain is posted to a position that requires competency level 3.

1.

The CDF may approve the qualification, skill and experience requirements for a dental level.

2.

The CDF may designate a position as requiring a specific dental level.

3.

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.

4.

A dental officer who holds the honorary rank of dental officer in the Army Reserve is taken to be a Captain for the purpose of determining the relevant rate of salary for the officer under Part 3 of Schedule B.6 of DFRT Determination No. 15 of 2008, Salaries.

 

See: Part 1 Schedule B.6, Specialist Officer – Dental Officer salary rates

1.

The CDF may approve the qualification, skill and experience requirements for a legal level for legal officers.

2.

The CDF may designate a position as requiring a specific legal level.

2A.

A legal officer holding legal level 1 or 2 may only advance to a higher legal level if the CDF is satisfied that the legal officer meets the professional requirements for the legal level.

3.

A legal officer holding legal level 3 or 4 may only advance to a higher legal level if the officer meets both of the following conditions.

 

a.

The CDF is satisfied that the legal officer meets the professional requirements for the legal level.

 

b.

The Chief of the member's Service is satisfied that the legal officer is posted to a position that requires that legal level.

 

 

See: Regulation 42 of Defence (Personnel) Regulations 2002.

1.

The CDF may approve the qualification, skill and experience requirements for a medical level for medical officers.

2.

The CDF may designate a position as requiring a specific medical level.

3.

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

4.

A member who holds honorary rank in the Army Reserve and who performs duty as a medical officer is taken to be a Captain for the purpose of determining the relevant rate of salary for the officer under Part 1 or 2 of Schedule B.8 of DFRT Determination No. 15 of 2008, Salaries.

See: Schedule B.8, Specialist Officer – Medical Officer salary rates

 

 

This Division sets out the way a member's salary rate can be preserved for a period when it would otherwise be reduced.

 

Note: This Division does not apply to an other rank member on appointment and commissioning.

See: DFRT Determination No. 15 of 2008, Salaries, clause B.2.4.

 

This table defines terms used in this Division.

 

Term

Definition

Relevant employment category

Means an employment category listed in column 1 in any of the following locations for the purposes of salary non-reduction.

a.

Annex 3.2.A – Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower

b.

Annex 3.2.B – Salary non-reduction – Flight test engineers

c.

Annex 3.2.C – Salary non-reduction – Officers

 

This Division applies to a member whose salary would otherwise reduce in one of the following circumstances.

 

a.

The member's Service transfers them from one employment category to another employment category.

 

b.

The employment category the member holds is transferred to a lower pay grade by the DFRT.

 

c.

The employment category the member holds is restructured.

 

d.

The specialist career structure that the member is paid under is restructured.

 

e.

The member is promoted from the rank of Colonel to Brigadier, and the member was formerly in any of the following classes.

 

i.

The member was formerly paid a salary for pay grade 9 or 10, derived from Part 1 or 2 of Schedule B.3 of DFRT Determination No. 15 of 2008.

See: DFRT Determination No 15 of 2008, Salaries, Schedule B.3: Officer salary rates

 

ii.

The member's salary was formerly derived from Schedule B.6 of DFRT Determination No 15 of 2008.

See: DFRT Determination No. 15 of 2008, Salaries, Schedule B.6: Specialist Officer – Dental Officer


 

iii.

The member's salary was formerly derived from Schedule B.7 of DFRT Determination No 15 of 2008.

See: DFRT Determination No. 15 of 2008, Salaries, Schedule B.7: Specialist Officer – Legal Officer

 

iv.

The member's salary was formerly derived from Schedule B.8 of DFRT Determination No 15 of 2008.

See: DFRT Determination No. 15 of 2008, Salaries, Schedule B.8: Specialist Officer – Medical Officer

 

This Division does not apply to a member whose salary would reduce in any of the following circumstances.

 

a.

The member's performance of duty is not satisfactory.

 

b.

The member is subject to disciplinary action.

 

c.

The member is subject to administrative sanction.

 

d.

The member chooses to transfer to another employment category.

 

e.

The member is reduced in rank.

 

f.

The member ceases to hold a competency that exists under the specialist career structure, for which salary was previously payable to the member.

 

g.

The Defence Force Remuneration Tribunal has determined a transitional salary structure for the member that would provide salary non-reduction for the member.

1.

Salary is payable to a member at the rate of salary payable to them immediately before they became eligible under this Division, for a period set out in subclause 3. This is known as a salary non-reduction period.

2.

A member's non-reduction salary rate may be adjusted in accordance with the following conditions if applicable.

 

a.

The member may continue to be paid an annual increment of salary. The incremental rate is payable as if the pay grade or specialist career structure for which the member's salary non-reduction is payable had continued to operate.

 

b.

The preserved rate (if applicable) payable to the member is adjusted in the same proportion as any general salary increase determined from time to time for the ADF by the Defence Force Remuneration Tribunal.

 

See: Division 3, Increments

 

c.

A specialist officer may be taken to continue to hold a salary under a scale of rates that has previously been preserved for the specialty, if express transition or conversion arrangements are not made for the officer.


3.

For subclause 1, the salary non-reduction period applies to a member for the relevant period set out in the following table.

 

Item

For a member...

the salary non-reduction period begins...

and ends...

1.

with the rank of Warrant Officer Class 1 or lower who occupies a relevant employment category and meets any conditions specified for that category in column 1 of either Part 1 or Part 2 of Annex 3.2.A

on the day listed in column 2 of the relevant Part of Annex 3.2.A

on the earlier of the following days.

a. The day listed in column 3 of the relevant Part of Annex 3.2.A.

b. The day the member ceases to meet a condition specified for the relevant category.

2.

who is an officer and occupies a relevant employment category listed in column 1 of Annex 3.2.B

on the day listed in column 2 of Annex 3.2.B

on the day listed in column 3 of Annex 3.2.B

2A.

who is a specialist officer described in column 1 of Part 1 Annex 3.2.C

on the day listed in column 2 of Part 1 Annex 3.2.C

on the day listed in column 3 of Part 1 Annex 3.2.C.

2B.

who is an officer and occupies a relevant employment category listed in column 1 of Part 2 Annex 3.2.C

on the day listed in column 2 of Part 2 Annex 3.2.C

on the day listed in column 3 of Part 2 Annex 3.2.C.

3.

not described in table item 1, 2, 2A or 2B

on the day the member becomes eligible under clause 3.2.41

on the later of the following days.

a.

After 18 months.

b.

A day later than 18 months decided by the CDF.

 

4.

A member's salary non-reduction period ends if the salary payable to the member under schedule B.3, B.10 or B.12 of DFRT Determination No. 15 of 2008, Salaries increases to a rate higher than the rate that is payable to the member under subclause 1.

 

See: Part 1

Schedule B.3, Officer salary rates

Schedule B.10, Warrant Officer Class 1 salary rates

Schedule B.12, Other Rank salary rates

1.

The member's service during a period of salary non-reduction is to be treated as service for determining rank and incremental advancement.

2.

This clause does not apply if the member’s rank or pay grade has been reduced for reasons other than those listed in clause 3.2.41.

 

1.

A member who is posted as a Recruit Instructor to the Army 1st Recruit Training Battalion is to be paid the rate of salary they held immediately before the posting for the period of the posting.

2.

This clause ceases to apply if the member would be in a higher pay grade in the recruit instructor employment category.

 

A member who ceases to be eligible for a pay grade may continue to be paid, at the rate applicable for the member’s rank and increment in that pay grade, if all of the following circumstances are met.

 

a.

The CDF determines the member remains liable to serve in the employment category and (if relevant) the classification that the pay grade related to.

 

b.

The CDF approves the payment at that pay grade if it is reasonable having regard to the following.

 

i.

For an other rank member – whether the member holds qualifications otherwise required for payment at that pay grade, for a period of up to three years.

 

ii.

For a Warrant Officer Class 1 – any relevant instruction or direction made under sections 9 and 9A of the Defence Act 1903.

 

iii.

For an officer – any relevant instruction or direction made under sections 9 and 9A of the Defence Act 1903.

1.

A non-reduction supplement is to be paid to a member who meets both the following conditions.

 

a.

On any day after 23 December 2008 and before 1 July 2009, the member is paid salary at a rate higher than that payable under schedule B.10 or B.12 of DFRT Determination No. 15 of 2008, Salaries, as amended from time to time.

 

b.

The higher rate represents a rank increment or pay grade and employment category combination that ceased to exist in DFRT Determination No. 15 of 2008, Salaries, on 24 December 2008.

2.

The rate of non-reduction supplement is the difference between the rate described in paragraph 1.a and the rate payable to the member under DFRT Determination No.15 of 2008, Salaries, paid to the member as both the following amounts.

 

a.

A one-off payment for the period 24 December 2008 to the day this Determination commences.

 

b.

A fortnightly payment.


3.

This clause ceases to apply to a member from the earliest of the following days.

 

a.

The day that the rate of salary payable to the member under DFRT Determination No. 15 of 2008, Salaries, as amended from time to time, is equal to or higher than the rate of salary payable under this clause.

 

b.

The day that there is a subsequent change of circumstances of the member that would end or vary the entitlement to the rank and pay grade on which the non-reduction supplement was based.

Example: The member is reduced in rank or voluntarily changes employment category to work in a new trade.

 

c.

The day the amount is replaced under a new Workplace Remuneration Arrangement by determination of the DFRT.

1.

A non-reduction supplement is to be paid to a member of the Reserves who meets both the following conditions.

 

a.

On any day after 23 December 2008 and before 30 September 2009, the member is paid salary at a daily rate higher than that payable to the member under schedule B.10 or B.12 of DFRT Determination No. 15 of 2008, Salaries, as amended from time to time.

See: Part 1
Schedule B.10, Warrant Officer Class 1 salary rates
Schedule B.12, Other Rank salary rates

 

b.

The higher rate represents a rank increment or pay grade and employment category combination that ceased to exist in DFRT Determination No. 15 of 2008, Salaries, on 24 December 2008.

2.

The rate of non-reduction supplement is the difference between the daily rate described in paragraph 1.a and the daily rate payable to the member under DFRT Determination No.15 of 2008, Salaries.

3.

This clause ceases to apply to a member from the earliest of the following days.

 

a.

The day that the rate of salary payable to the member under DFRT Determination No. 15 of 2008, Salaries, as amended from time to time, is equal to or higher than the rate of salary payable under this clause.

 

b.

The day that there is a subsequent change of circumstances of the member that would end or vary the entitlement to the rank and pay grade on which the non-reduction supplement was based.

Example: The member is reduced in rank or voluntarily changes employment category to work in a new trade.

 

c.

The day the amount is replaced under a new Workplace Remuneration Arrangement by determination of the DFRT.

 

1.

This clause applies to a member who is in receipt of a non-reduction supplement and who changes the way they serve in any of following ways.

 

a.

The member is a Reserve who performs a period of continuous full-time service.

 

b.

The member transfers between Permanent Force and Reserve Force service.

2.

For any period of continuous full-time or Permanent Force service, the member is to be paid the non-reduction supplement at an annual rate, as if clause 3.2.47 applied to the member.

3.

For the period of Reserve service, the member is to be paid the non-reduction supplement at a daily rate worked out under clause 3.2.48.

Annex 3.2.AA: Transitional increment conversion table for Reservists

Column 1

Column 2

Column 3

Column 4

Column 5

If the member holds this rank...

and held this increment level on 1 July 2015...

then on 2 July they are taken to hold this increment level...

and advance to this increment level on their first increment anniversary date on or after 2 July 2015...

and advance to this increment on their second increment anniversary date after 1 July 2015...

Navy

Army

Air Force

Seaman

 

 

Able Seaman

Private

 

 

Private (Proficient)

 

 

Lance Corporal

 

Staff Sergeant

Aircraftman/
Aircraftwoman

 

Leading Aircraftman/
Aircraftwoman

0

0

0

0

Leading Seaman

 

Petty Officer

 

Lieutenant Commander

Corporal

 

 

Sergeant

 

Major

Corporal

 

 

Sergeant

 

Squadron Leader

0

0

one year after entry to increment 0, advance to 1

2

two years after entry to increment 0, advance to 2

2

0

one year after entry to 0, advance to increment 1*

2

2

1

2

2

2

 


Column 1

Column 2

Column 3

Column 4

Column 5

If the member holds this rank...

and held this increment level on 1 July 2015...

then on 2 July they are taken to hold this increment level...

and advance to this increment level on their first increment anniversary date on or after 2 July 2015...

and advance to this increment on their second increment anniversary date after 1 July 2015...

Navy

Army

Air Force

Warrant Officer

 

 

Chief Petty Officer

 

Acting Sub-Lieutenant

 

Commander

 

 

Commodore

 

Rear Admiral

Warrant Officer Class One

 

Warrant Officer Class Two

 

Second Lieutenant

 

Lieutenant Colonel

 

Brigadier

 

Major-General

Warrant Officer

 

 

Flight Sergeant

 

 

Pilot Officer

 

 

Wing Commander

 

Air Commodore

 

Air-Vice Marshal

0

0

1

1

1

1

1

1

Sub-Lieutenant

Lieutenant

Flying Officer

0

0

one year after entry to increment 0, advance to 1

2

two years after entry to increment 0, advance to 2

3

0

one year after entry to 0, advance to 1*

2

3

1

2

3

3

1

two years after entry to 1, advance to 3*

3

3

 


Column 1

Column 2

Column 3

Column 4

Column 5

If the member holds this rank...

and held this increment level on 1 July 2015...

then on 2 July they are taken to hold this increment level...

and advance to this increment level on their first increment anniversary date on or after 2 July 2015...

and advance to this increment on their second increment anniversary date after 1 July 2015...

Navy

Army

Air Force

Lieutenant

Captain

Flight Lieutenant

0

0

one year after entry to increment 0, advance to 1

2

two years after entry to increment 0, advance to 2

3

0

one year after entry to 0, advance to 1*

2

3

1

2

one year after entry to increment 2, advance to 3

4

two years after entry to increment 2, advance to 4

5

1

two years after entry to 1, advance to 3*

4

5

2

4

5

5

2

one or more years after entry to 2, advance to 5*

5

5

Captain

Colonel

Group Captain

0

0

1

1

0

one or more years after entry to increment 0, advance to 1*

1

1

*Note: As at 1 July 2015, the rates for these increments levels do not exist or are different to those in force on and after 2 July 2015. A member may move onto a new rate as early as 2 July 2015 if that is their increment advancement date.

 

 

 

Item

 

Column 1

 

Relevant pay grade, employment category and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

 

ARMY

 

 

 

Pay grade 2

 

 

1.

Operator Catering Manager Grade 1

1 July 2014

30 June 2019.

 

Pay grade 3

 

 

2.

Operator Catering Manager Grade 2

1 July 2014

30 June 2019.

 

Pay grade 5

 

 

3.

Special Forces Signaller (S3) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

4.

Special Operations Engineer Regiment Trained Additional Specialist (S2) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

5.

Special Operations Engineer Regiment Trained Member (S1) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

 

Pay grade 6

 

 

6.

Manager Surveillance Target Acquisition

1 January 2016

31 December 2018.

7.

Special Forces Signaller (S3) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

8.

Special Operations Engineer Regiment Trained Additional Specialist (S2) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

9.

Special Operations Engineer Regiment Trained Member (S1) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

 


 

 

Item

 

Column 1

 

Relevant pay grade, employment category and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

 

Pay grade 7

 

 

10.

Manager Surveillance Target Acquisition

1 January 2016

31 December 2018.

11.

Special Forces Signaller (S3) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

12.

Special Operations Engineer Regiment Trained Additional Specialist (S2) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

13.

Special Operations Engineer Regiment Trained Member (S1) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

 

Pay grade 8

 

 

14.

Manager Surveillance Targeting Acquisition

1 January 2016

31 December 2018.

15.

Special Forces Signaller (S3) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

16.

Special Operations Engineer Regiment Trained Additional Specialist (S2) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

17.

Special Operations Engineer Regiment Trained Additional Specialist (S2) RSM – Tier A on 3 December 2014

18 December 2014

17 December 2019.

18.

Supervisor Commando Operations – Tier A on 3 December 2014

18 December 2014

17 December 2017.

 

Pay grade 9

 

 

19.

Category B SAS Trooper (S7) – Tier A on 3 December 2014

18 December 2014

17 December 2019.

 


 

Item

 

Column 1

 

Relevant pay grade, employment category and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

 

AIR FORCE

 

 

 

Pay grade 3

 

 

20.

Security Police Grade 1 – Military Working Dog Handler on 3 July 2013

4 July 2013

3 July 2016.

21.

Security Police Grade 1 – Security and Law Enforcement on 3 July 2013

4 July 2013

3 July 2016.

 

Pay grade 4

 

 

22.

Security Police Grade 2 – Security and Law Enforcement on 3 July 2013

4 July 2013

3 July 2016.

 

Pay grade 5

 

 

23.

Flight Engineer on pay grade 5 the day prior to remuster to another Airmen Aircrew mustering

date of remuster to another Airmen Aircrew mustering

the day five years from the date of remuster to another Airmen Aircrew mustering.

24.

Security Police Grade 3 – Service Investigator on 3 July 2013

4 July 2013

3 July 2016.

 

Pay grade 6

 

 

25.

Flight Engineer on pay grade 6 the day prior to remuster to another Airmen Aircrew mustering

date of remuster to another Airmen Aircrew mustering

the day five years from the date of remuster to another Airmen Aircrew mustering.

26.

Security Police Grade 4 – Service Investigator on
3 July 2013

4 July 2013

3 July 2016.

 

Pay grade 7

 

 

27.

Flight Engineer on pay grade 7 the day prior to remuster to another Airmen Aircrew mustering

date of remuster to another Airmen Aircrew mustering

the day five years from the date of remuster to another Airmen Aircrew mustering.

 

Pay grade 8

 

 

28.

Flight Engineer on pay grade 8 the day prior to remuster to another Airmen Aircrew mustering

date of remuster to another Airmen Aircrew mustering

the day five years from the date of remuster to another Airmen Aircrew mustering.

 

 

 

Item

 

Column 1

 

Relevant pay grade, employment category and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

 

ARMY

 

Pay grade 1

 

 

1.

Operator Catering Assistant

1 July 2014

30 June 2019.

2.

Operator Catering Grade 1

1 July 2014

30 June 2019.

3.

Operator Catering Grade 2

1 July 2014

30 June 2019.

 

Pay grade 2

 

 

4.

Operator Catering Advanced Grade 1

1 July 2014

30 June 2019.

5.

Operator Catering Grade 3

1 July 2014

30 June 2019.

6.

Operator Catering Grade 4

1 July 2014

30 June 2019.

7.

Operator Catering Manager Grade 1

1 July 2014

30 June 2019.

8.

Operator Catering Supervisor Grade 1

1 July 2014

30 June 2019.

9.

Operator Radar Grade 1

4 March 2013

3 March 2017.

10.

Operator Radar Grade 1 (Reserve)

1 January 2016

31 December 2018

 

Pay grade 3

 

 

11.

Operator Catering Advanced Grade 2

1 July 2014

30 June 2019.

12.

Operator Catering Manager Grade 2

1 July 2014

30 June 2019.

13.

Operator Catering Supervisor Grade 2

1 July 2014

30 June 2019.

14.

Operator Radar Grade 2

4 March 2013

3 March 2017.

15.

Operator Radar Grade 3

4 March 2013

3 March 2017.

16.

Operator Radar Grade 5

4 March 2013

3 March 2017.

17.

Operator Radar Grade 2 (Reserve)

1 January 2016

31 December 2018

18.

Operator Radar Grade 3 (Reserve)

1 January 2016

31 December 2018

19.

Operator Radar Grade 5 (Reserve)

1 January 2016

31 December 2018

20.

Special Forces Signaller (S3) on 3 December 2014

18 December 2014

17 December 2019.

21.

Special Operations Engineer Regiment Trained Member (S1) on 3 December 2014

18 December 2014

17 December 2019.


 

 

Item

 

Column 1

 

Relevant pay grade, employment category and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

 

Pay grade 4

 

 

22.

Operator Radar Grade 4

4 March 2013

3 March 2017.

23.

Operator Radar Grade 7

4 March 2013

3 March 2017.

24.

Operator Radar Grade 4 (Reserve)

1 January 2016

31 December 2018

25.

Operator Radar Grade 7 (Reserve)

1 January 2016

31 December 2018

26.

Special Forces Signaller (S3) on 3 December 2014

18 December 2014

17 December 2019.

27.

Special Operations Engineer Regiment Trained Additional Specialist (S2) on 3 December 2014

18 December 2014

17 December 2019.

28.

Special Operations Engineer Regiment Trained Member (S1) on 3 December 2014

18 December 2014

17 December 2019.

 

Pay grade 5

 

 

29.

Operator Radar Grade 6

4 March 2013

3 March 2017.

30.

Operator Radar Grade 8

4 March 2013

3 March 2017.

31.

Operator Radar Grade 6 (Reserve)

1 January 2016

31 December 2018

32.

Operator Radar Grade 8 (Reserve)

1 January 2016

31 December 2018

33.

Special Forces Signaller (S3) on 3 December 2014

18 December 2014

17 December 2019.

34.

Special Operations Engineer Regiment Trained Additional Specialist (S2) on 3 December 2014

18 December 2014

17 December 2019.

35.

Special Operations Engineer Regiment Trained Member (S1) on 3 December 2014

18 December 2014

17 December 2019.

 

Pay grade 6

 

 

36.

Manager Surveillance Target Acquisition

1 January 2016

31 December 2018.

37.

Special Forces Signaller (S3) on 3 December 2014

18 December 2014

17 December 2019.

 


 

 

Item

 

Column 1

 

Relevant pay grade, employment category and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

38.

Special Operations Engineer Regiment Trained Additional Specialist (S2) on 3 December 2014

18 December 2014

17 December 2019.

39.

Special Operations Engineer Regiment Trained Member (S1) on 3 December 2014

18 December 2014

17 December 2019.

 

Pay grade 7

 

 

40.

Category B Commando (S4) on 3 December 2014

18 December 2014

17 December 2019.

41.

Special Forces Signaller (S3) on 3 December 2014

18 December 2014

17 December 2019.

42.

Special Operations Engineer Regiment Trained Additional Specialist (S2) on 3 December 2014

18 December 2014

17 December 2019.

43.

Special Operations Engineer Regiment Trained Member (S1) on 3 December 2014

18 December 2014

17 December 2019.

 

Pay grade 8

 

 

44.

Category B Commando (S5) on 3 December 2014

18 December 2014

17 December 2019.

45.

Section Commander Commando on 3 December 2014

18 December 2014

17 December 2017.

46.

Special Forces Signaller (S3) on 3 December 2014

18 December 2014

17 December 2019.

47.

Special Operations Engineer Regiment Trained Additional Specialist (S2) on 3 December 2014

18 December 2014

17 December 2019.

48.

Supervisor Commando Platoon Operations on 3 December 2014

18 December 2014

17 December 2017.

49.

Supervisor Commando Operations on 3 December 2014

18 December 2014

17 December 2017.

 


 

 

Item

 

Column 1

 

Relevant pay grade, employment category and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

 

Pay grade 9

 

 

50.

Category B SAS Trooper (S7) on 3 December 2014

18 December 2014

17 December 2019.

 

AIR FORCE

 

Pay grade 3

 

 

51.

Any Air Force member who accepted an offer of enlistment as Security Police (Military Working Dog Handler or Security and Law Enforcement) prior to 4 July 2013.

date of graduation from initial employment training

the day three years from the date of graduation.

52.

Security Police Grade 1 – Security and Law Enforcement on 3 July 2013

4 July 2013

3 July 2016.

53.

Security Police Grade 1 – Military Working Dog Handler on 3 July 2013

4 July 2013

3 July 2016.

 

Pay grade 4

 

 

54.

Geospatial Imagery Intelligence Analyst Grade 1

14 February 2013

13 February 2018.

55.

Signals Operator Linguist Grade 1

14 February 2013

13 February 2018.

56.

Signals Operator Technical Grade 1

14 February 2013

13 February 2018.

57.

Security Police Grade 2 – Security and Law Enforcement on 3 July 2013

4 July 2013

3 July 2016.

 

Pay grade 5

 

 

58.

Flight Engineer on pay grade 5 the day prior to remuster to another Airmen Aircrew mustering

date of remuster to another Airmen Aircrew mustering

the day five years from the date of remuster to another Airmen Aircrew mustering.

59.

Geospatial Imagery Intelligence Analyst Grade 2

14 February 2013

13 February 2018.

60.

Signals Operator Linguist Grade 2

14 February 2013

13 February 2018.

61.

Signals Operator Technical Grade 2

14 February 2013

13 February 2018.

62.

Security Police Grade 3 – Service Investigator on 3 July 2013

4 July 2013

3 July 2016.

 


 

 

Item

 

Column 1

 

Relevant pay grade, employment category and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

 

Pay grade 6

 

 

63.

Flight Engineer on pay grade 6 the day prior to remuster to another Airmen Aircrew mustering

date of remuster to another Airmen Aircrew mustering

the day five years from the date of remuster to another Airmen Aircrew mustering.

64.

Geospatial Imagery Intelligence Analyst Manager

14 February 2013

13 February 2018.

65.

Geospatial Imagery Intelligence Analyst Supervisor

14 February 2013

13 February 2018.

66.

Signals Operator Linguist General

14 February 2013

13 February 2018.

67.

Signals Operator Linguist Analyst

14 February 2013

13 February 2018.

68.

Signals Operator Technical Analyst

14 February 2013

13 February 2018.

69.

Security Police Grade 4 – Service Investigator on 3 July 2013

4 July 2013

3 July 2016.

 

Pay grade 7

 

 

70.

Flight Engineer on pay grade 7 the day prior to remuster to another Airmen Aircrew mustering

date of remuster to another Airmen Aircrew mustering

the day five years from the date of remuster to another Airmen Aircrew mustering.

71.

Senior Manager Processing

14 February 2013

13 February 2018.

72.

Senior Manager Technical

14 February 2013

13 February 2018.

73.

Signals Operator Linguist Advanced

14 February 2013

13 February 2018.

74.

Signals Operator Linguist Advanced Analyst

14 February 2013

13 February 2018.

75.

Signals Operator Technical Advanced Analyst

14 February 2013

13 February 2018.

 

Pay grade 8

 

 

76.

Flight Engineer on pay grade 8 the day prior to remuster to another Airmen Aircrew mustering

date of remuster to another Airmen Aircrew mustering

the day five years from the date of remuster to another Airmen Aircrew mustering.

 

 

Column 1

 

Relevant employment category

Column 2

 

Date of effect

Column 3

 

Date of cessation

 

 

 

NAVY

 

 

Pay grade 7

 

 

Flight Test Engineer

9 August 2007

13 August 2016

 

 

 

ARMY

 

 

Pay grade 9

 

 

Flight Test Engineer

9 August 2007

13 August 2016

 

 

 

Pay grade 10

 

 

Flight Test Engineer

9 August 2007

13 August 2016

 

 

 

AIR FORCE

 

 

Pay grade 7

 

 

Flight Test Engineer

9 August 2007

13 August 2016

 

 

 

Pay grade 9

 

 

Flight Test Engineer

9 August 2007

13 August 2016

 

 

 

Pay grade 10

 

 

Flight Test Engineer

9 August 2007

13 August 2016

 

 

 

 

 

 

 

Item

 

Column 1

 

Specialist level, and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

1.

Reserve Force legal officer

Legal Level 4-1

31 January 2013

31 January 2016.

 

 

 

Item

 

Column 1

 

Officer employment category, level, and conditions (if any)

Column 2

 

Salary non-reduction begins on...

Column 3

 

and ends on...

 

Pay grade 8

 

 

1.

Air Combat Officer – Combat Control Officer on 26 March 2015

26 March 2015

26 March 2018.

 

 

 

 

 

 

 

This Part is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of flexible remuneration packaging (salary packaging).

 

 

This Part describes what happens if a member is paid more than their entitlement.

1.

If a member has been paid more than they are entitled to, they must repay to the Commonwealth the difference between their entitlement and the amount they were paid.

Example: If the member received vehicle allowance, travelling allowance, or used a travel card in advance and they do not undertake the travel, they must repay the whole amount. If the travel is shorter than expected, they must repay the excess part of the allowance.

2.

When tax has been deducted from the amount overpaid and the amount was paid in a previous financial year, then either of these two options is available.

 

a.

Defence will amend the member’s Payment Summary for the previous financial year. The member must then amend their income tax return for that year by excluding the overpaid amount. The member will receive a refund from the Australian Taxation Office of the tax overpaid. The member repays the overpaid amount, including any Pay as You Go (PAYG) Withholding, to Defence.

 

b.

The member’s gross salary is reduced by the gross amount overpaid.

Example: A member received a promotion but was paid a higher salary from an incorrect date. They were not notified of the error until after 1 July. The member repays the gross amount either in full or by instalments, by arranging for a reduction in their gross salary.

1.

Defence may recover an overpaid amount of salary or allowances from the salary and allowances that are or become payable to a member.

2.

The Commonwealth reserves the right to recover the overpaid salary or allowances by other means.

 

 

This Part contains guidelines for a range of payments that encourage certain members to continue serving in the Permanent Forces.

1.

Subclause 2 applies to a member who meets both the following conditions.

 

a.

They need to complete a required period of effective service to be eligible for a completion bonus.

See: Chapter 3 Part 5, Retention and completion benefits.

 

b.

They have been granted a period of part-time leave without pay.

2.

The required period of effective service is increased pro rata in relation to the period of part-time leave without pay, in accordance with the formula in clause 5.8.16.

 

Example: A member has completed three of five years required for a completion bonus. They go on part-time leave without pay for 6 days a fortnight. They need to serve a further two years increased by 20%, which is two years and 4.8 months.

 

See: Chapter 5 Part 8 Division 2 clause 5.8.16, Working out pro rata variations.

3.

Subclause 4 applies to a member who meets both the following conditions.

 

a.

They have signed an undertaking for a retention bonus under Chapter 3 Part 5.

 

b.

They have been granted a period of part-time leave without pay.

4.

Unless otherwise limited the rules in a Division, a period of continuous full-time service mentioned in that Division or in the undertaking means a period increased pro rata by the period of leave without pay.

 

See: Chapter 5 Part 8 Division 2 clause 5.8.16, Working out pro rata variations.

 

This Part includes the following Divisions:

 

Division 1

Military Superannuation and Benefits Scheme retention benefit – overview

 

Division 2

Bonus framework

 

Division 3

...

 

Division 4

Completion bonuses

 

Division 4A

Navy—Electronics Technical (junior sailor)

 

Division 5

...

 

Division 5A

Navy – Marine Technical and Electronics Technical (sailors)

 

Division 6

ADF gap year – educational bonus

 

Division 7

...

 

Division 8

...

 

Division 9

Army – High Readiness Reserve completion bonus

 

Division 10

Air Force – High Readiness Reserve completion bonus

 

Division 11

...

 

Division 12

...

 

Division 13

...


 

Division 14

...

 

Division 15

...

 

Division 16

...

 

Division 17

...

 

Division 18

...

 

Division 19

...

 

Division 20

...

 

Division 21

Navy – Individuals critical to Navy capability

 

Division 22

Army – 1st Recruit Training Battalion recruit instructors scheme

 

Division 23

...

 

Division 24

...

 

Division 25

...

 

Division 26

Medical Officers professional development financial support scheme

 

Division 27

...

 

Division 28

...

 

Division 29

...

 

Division 30

...

 

Division 31

...

 

Division 32

...

 

Division 33

...

 

Division 34

...

 

Division 35

...

 

Division 36

...

 

Division 37

...

 

Division 38

Army – targeted rank and employment category completion bonus

 

 

This Division is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the main features of the Military Superannuation and Benefits Scheme retention benefit authorised under Part 8 of the Military Superannuation and Benefits Act 1991.

 

 

This Division intends to provide the following outcomes.

 

a.

It sets out a single framework for benefits paid in the form of a retention bonus under section 58B of the Act.

 

b.

Members in individual positions necessary to capability in a critical trade or work unit are retained.

 

c.

Reduction of personnel numbers to levels below that required to sustain operational or supporting capability is prevented.

 

d.

Members are retained in individual positions critical to their Service's capability.

1.

An agreed period of service is a period of up to three years which the member agrees to serve in a specified position, employment category or primary qualification in return for a bonus under this Division.

2.

A current capability shortage is critical when both the following conditions are met.

 

a.

A position requirement cannot be met with fit, trained and available personnel, within respite rules.

 

b.

Failure to meet the position requirement impacts negatively on delivery of Service capability.

3.

A workforce structure shortage is critical when some or all of the recruiting, retention, training throughput, strength and future health elements of the employment category combine so that the shortage in numbers is unlikely to recover within five years.

 

A member who meets the following conditions may be offered a retention bonus under this Division by their Service Chief.

 

a.

The member is either a member of the Permanent Force or performing a period of continuous full-time service while a member of the Reserve Forces.

 

b.

The member has completed an initial minimum period of service.

Note: This concept is defined in a determination made by the Chief of Air Force under sub-regulations 53(1), 58(7), 58(9), 90(6), 90(7) and 97(6) of the Defence (Personnel) Regulations 2002.

Related Information: The determination can be found in Defence Instructions (General) Personnel 33–5, Arrangements for service in the Australian Defence Force

 

c.

The member is not on a return of service obligation.

Note: This concept is defined in a determination made by the Chief of Air Force under sub-regulations 53(1), 58(6), 62(6), 90(5), 94(8) and 97(5) of the Defence (Personnel) Regulations 2002.

Related Information: The determination can be found in Defence Instructions (General) Personnel 33–2, Return of Service Obligation

 

A member in any of the following circumstances is not eligible to be offered a bonus under this Division.

 

a.

The member is medically unfit for service and the unfitness is to continue for a period of two years or more.

 

b.

The member has less than two years to serve until the end of the following periods.

 

i.

The member's fixed period of service.

 

 

Exception: The member's Service Chief has accepted the member's application to have their fixed period of service extended to cover the period of service required for the bonus.

 

ii.

The member's compulsory retirement age.

 

 

Exception: The member's Service Chief has accepted the member's application to have their retirement date extended to cover the period of service required for the bonus.

 

c.

The member has been given a notice of termination.

1.

The amount of the bonus is to be determined by the Service Chief relevant to the member, having regard to clause 3.5.20, up to a maximum of $100,000 for the period of service determined at subclause 2. The amount must be notified to the member as part of the offer.

2.

The period of service that must be performed in return for the bonus to be offered is to be determined by the Service Chief, for a fixed period of between one and three years. The period must be notified to the member as part of the offer.

Note: The offer must not include a past period as part of the agreed period of effective service.

3.

After a Service Chief has made the decisions under subclauses 1 and 2, the offer may be made by whichever of the following positions is relevant to the member.

 

a.

Director General Navy People.

 

b.

Director General Personnel – Army.

 

c.

Director General Personnel – Air Force.

 

See: Annex 3.5.AB Part A, Bonus framework form

 

Before offering a bonus to a member or a class of members, the Service Chief must consider the following matters:

 

a.

Any evidence that there is a workforce structure shortage that is critical in the member's employment category.

 

b.

Any evidence that failure to retain the member in the position will result in a current capability shortage that is critical.

 

c.

Any evidence that the number of personnel in the member's employment category or specialisation is falling.


 

d.

Whether the position that the member fills is essential to the delivery of the Service's capability.

 

e.

Whether the member holds qualifications and skills that are essential to the delivery of Service capability.

 

f.

Whether the member has applied to achieve qualifications and skills that are essential to the delivery of Service capability.

 

g.

Any evidence about the period of the workforce shortage that the position, employment category or specialisation that the offer is affected by.

 

h.

Any actions that have been taken to remedy the workforce shortage in the longer term.

 

i.

Any market forces that are contributing to the shortage.

 

j.

Any evidence of productivity improvement linked to the payment of the bonus.

 

k.

Any other relevant matter.

1.

The member's agreed period of service must be served as effective service.

2.

For the purpose of this Division, effective service means service that meets all these conditions.

 

a.

It is continuous full time service.

 

b.

It is paid.

Exception: Unpaid leave of less than 21 calendar days.

 

c.

It is counted as a period of effective service under subclause 3.

3.

This table lists a range of leave types and activities and sets out how a period of that leave or activity counts toward member's period of effective service.

 

Item

Activity

Effect

1.

Part-time leave without pay.

The paid component counts as effective service.

2.

Leave at full pay.

Examples: Recreation leave, full pay long service leave.

The whole period of this leave counts as effective service.

 

3.

Unpaid leave for less than 21 calendar days.

Examples: Leave without pay, maternity leave without pay

4.

Leave at half pay.

Example: Long service leave at half pay.

Half the period of the leave counts as effective service.

5.

A period when the member is discharging an undertaking for service for the purpose of another bonus payment under this Division.

The period counts as effective service only toward the earlier undertaking.


Item

Activity

Effect

6.

Unpaid leave for 21 calendar days or more.

Examples: Leave without pay, maternity leave without pay

The period for which the member is in this situation does not count as effective service.

 

7.

Absence without leave.

8.

Imprisonment, detention or suspension from duty without pay.

9.

An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005.

10.

A period when the member is discharging a return of service obligation for the purpose of the Defence Personnel Regulations 2002.

11.

A period when the member is discharging an undertaking for service for the purpose of another bonus payment under this Part.

1.

An eligible member may accept a bonus under this Division any time after they receive an offer, until the latest of the following dates.

 

a.

Twenty-eight days after the day the offer is made.

 

b.

If the member was deployed when the offer under paragraph a. was made — the day 28 days after the day the member returns to Australia after a deployment.

 

c.

A longer period that the member's Service Chief decides is reasonable, having regard to the member's circumstances.

2.

A member must take both the following actions to accept an offer.

 

a.

Accept the offer using the acceptance form at Part B to Annex 3.5.AB.

See: Annex 3.5.AB, Bonus framework form

 

b.

Elect how the benefit is to be paid, using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election

3.

The acceptance must include an undertaking to serve for the period specified in the offer, (a fixed period of up to three years of effective service) in the position, specialisation or employment category for which the bonus was offered (this is called the agreed period of service), using the form at Annex 3.5.ZL.

1.

A member who is serving on another bonus scheme contained in Chapter 3 Part 5 of this Determination ('the other scheme') may be offered a bonus under this Division.

2.

If the member accepts the offer of a bonus under this Division, the acceptance has the following effects on the member's liability to serve in return for a bonus under the other scheme.

 

a.

The member's period of service under the other scheme continues until the day that the member commences serving the period of service agreed under this scheme.


 

b.

If the other scheme has a completion bonus and the member will not complete their agreed period of service under that scheme, the member may receive a pro rata amount for the period they have completed under the other scheme. The pro rata payment is calculated as follows.

 

Step

Action

1.

Work out the number of calendar days in the period.

a. The period starts on the day the member is taken to start their undertaking to serve under the other scheme.

b. The period ends on the day before the date the member commences serving under this scheme.

2.

Work out the number of days of ineffective service in the period in Step 1.

3.

Subtract the outcome of Step 2 from the outcome of Step 1.

4.

Divide the outcome of Step 3 by 365 for each year of the agreed period of service under the other scheme. If the period includes 29 February, add an additional day.

Example: If the other bonus was for a two year period divide by 730. If the period includes 29 February, divide by 731.

5.

Multiply the outcome of Step 4 by the bonus amount the member would have received under the other scheme.

6.

The member may be paid the outcome of Step 5.

 

 

Example: A member joined the other scheme on 12 January 2009. On 5 August 2010 the member commences service under this bonus scheme. The member had 25 days of leave without pay in December 2009. The bonus amount the member would have received if they had completed a three year period of service under the other scheme is $15,000.

 

Step

Action

1.

There were 571 calendar days between 12 January 2009 and 5 August 2010.

2.

The 25 days the member was on leave without pay was ineffective service.

3.

571 – 25 = 546 calendar days

4.

546 divided by 1095 = 0.4986301

5.

0.4986301 multiplied by $15,000 = $7479.45.

6.

The member may be paid $7479.45.

 

 

c.

If the other scheme had an obligation payment or other initial payment, no amount of the obligation or initial payment is repayable under that scheme.

 

A retention bonus becomes payable to an eligible member when the member has submitted both forms required under subclause 3.5.22.2.

See:
Annex 3.5.AB, Bonus framework form
Annex 3.5.ZN, Bonus payment election

 

1.

The member is not required to repay the bonus when the member fails to complete their agreed period of service under this Division for any of the following reasons.

 

a.

The Service Chief determines that the member's reason for ceasing to serve is beyond the member's control.

Example: The member is terminated because of medical unfitness, or dies.

 

b.

The member transfers from the Permanent Force to the Reserves at the Service Chief's initiative.

Authority: Chapter 8 Part 2 Division 2 or 3 of the Defence (Personnel) Regulations 2002.

2.

The member is not required to repay the bonus if they complete their agreed period of service but not in the agreed position, employment category or specialisation when any of the following circumstances apply.

 

a.

The member transfers to another position, employment category or specialisation due to a restructure.

 

b.

The member's Service initiates the member's transfer to another position, employment category or specialisation.

 

c.

The member is promoted and so must leave the agreed position, employment category or specialisation.

3.

A member will be required to repay the full amount of a retention bonus if they fail to complete their agreed period of service for any of the following reasons.

 

a.

The member voluntarily leaves the employment category or specialisation for which the bonus was offered.

 

b.

The member voluntarily transfers out of the Service.

 

c.

The member voluntarily transfers to the Reserves.

 

d.

The member voluntarily applies to terminate service in the Permanent Force.

 

e.

The member's service is terminated for performance or disciplinary reasons.

1.

The purpose of this Division is to establish a bonus scheme to assist in the retention of qualified and experienced members in certain occupations.

2.

These occupations are currently:

 

a.

medical and dental officers;

 

b.

certain members in the Submarine Arm of the Navy.

 

This Division is structured as follows:

 

a.

the main body of the Division sets out the general provisions applicable to all completion bonus schemes, including the general eligibility requirements and conditions of payment; and

 

b.

Annex 3.5.C sets out the provisions on occupation-specific matters (including particular features of eligibility, the amount of bonus and the required periods of effective service).

 

In this Part:

 

effective service, for a member, means:

 

a.

continuous full-time service for which salary is payable, other than:

 

i.

a period of training or a posting that gives rise to a return of service obligation, unless the training is relevant training, or the posting is an overseas posting, that begins after the member acknowledges an offer; or

 

ii.

a period for which a return of service obligation applies, unless that obligation is for relevant training, or for an overseas posting, that begins after the member acknowledges an offer; or

 

iii.

a period of prospective service; or

 

iv.

a period of detention; and

 

b.

a period of leave without pay not longer than 21 days.

 

overseas posting, for a member, means a posting that is directly relevant to the member’s occupation specified in the Part of Annex 3.5.C that applies to the member.

 

relevant training, for a member, means postgraduate or other professional or trade training that is directly relevant to the member’s occupation specified in the Part of Annex 3.5.C that applies to the member.

 

1.

A member is an eligible member for this Part if the member:

 

a.

is a member to whom a Part of Annex 3.5.C applies; and

 

b.

is rendering full-time service for which salary is payable; and

 

c.

meets the medical fitness standards for duty in the relevant occupation; and

 

d.

is otherwise suitable for continued service because of the member’s efficiency and competence.

2.

A member does not cease to be an eligible member by reason only that the member is promoted to a rank higher than the rank (if any) specified for the relevant occupation in Annex 3.5.C.

1.

The CDF may offer a completion bonus to an eligible member.

2.

The offer must state a required period of effective service equal to a period mentioned in column 1 of the table in the Part of Annex 3.5.C that applies to the member.

3.

The completion bonus offered must be the amount mentioned in column 2 of the table opposite the period in column 1 equal to the required period of effective service stated in the offer.

1.

An eligible member who receives an offer under clause 3.5.36 is entitled to the completion bonus offered if the member:

 

a.

acknowledges the offer in writing; and

 

b.

renders the required period of effective service (or periods of effective service the sum of which equal the required period) stated in the offer; and

 

c.

during the required period (or periods the sum of which equal the required period) continues to be an eligible member.

2.

For paragraph 1.a, if the Part of Annex 3.5.C that applies to the member specifies a date, the member must acknowledge the offer on or before that date.

3.

For paragraph 1.b, the required period of effective service does not include any period of service rendered before the member acknowledges the offer.

1.

This clause applies if a member does not render the required period of effective service in relation to an offer under this Division because the member:

 

a.

dies; or

 

b.

the CDF considers that the member ceased to be eligible for reasons beyond their control.


2.

The member (or if the member has died, the member’s legal personal representative) is entitled to an amount worked out using the formula:

 

bonus amount

x

effective service rendered

required period of effective service

 

 

where:

 

bonus amount is the completion bonus amount offered to the member.

 

effective service rendered is the number of days of effective service rendered by the member after the member acknowledged the offer.

 

required period of effective service is the required period of effective service (in days) stated in the offer.

 

A Part of Annex 3.5.C may set out special provisions for an eligible member to whom that Part applies.

 

 

This Division provides for a completion bonus scheme ("the scheme") for junior sailors in prescribed ranks in the Electronics Technical employment category in the Navy. The payment is designed to encourage sailors to stay in this category.

1.

For the purpose of this Division, effective service means service that meets all these conditions.

 

a.

It is continuous full time service.

 

b.

It is paid.

Exception: Unpaid leave of less than 21 days.

 

c.

It is not ineffective service under subclauses 2 or 3.

2.

Leave or other events may not be effective service.  This table shows whether an event is effective or ineffective service.

See: Clause 3.5.39I, Yearly completion bonus – ineffective service under subclause 3.5.39B.2

 

Item

Activity

Effect of service

1.

Part time leave without pay

The unpaid component of a part-time leave without pay working pattern is not effective service.

 

2.

Leave at full pay

Examples: Recreation leave, full pay long service leave

The whole period is effective service.

 

3.

Unpaid leave for less than 21 calendar days

Examples: Leave without pay, maternity leave without pay

4.

Unpaid leave for 21 calendar days or more

Examples: Leave without pay, maternity leave without pay

The whole period is not effective service.

 

5.

Absence without leave

6.

Imprisonment, detention or suspension from duty without pay

7.

Any period when the member holds a commission as an officer.

Related Information:

Clause 3.5.39M, Yearly completion bonus – sailor who stops being an officer

8.

Leave at half pay

Example: Long service leave at half pay

Half the period of the leave is effective service.

 

 


3.

The events listed in the table are always ineffective service, subject to the exceptions listed for each event.

See: Clause 3.5.39J, Yearly completion bonus – ineffective service under subclause 3.5.39B.3

 

Item

Activity

Exceptions

1.

An undertaking for further service, under the Military Superannuation and Benefits Act 1991.

None

2.

Any period when the member is discharging another undertaking for further service.

 

An undertaking for further service associated with a promotion.

3.

Any period when the member is discharging another return of service obligation.

 

A period when the member is discharging a return of service obligation, that is associated with relevant training.

 

In this table, relevant training means professional or trade training that is directly relevant to the member's occupation.

 

For this member, these periods are effective service.

a. The period of the training.

b. The period of the return of service obligation.

 

This Division applies to a member who meets all these conditions.

 

a.

They hold the rank of Able Seaman or Leading Seaman.

 

b.

They are entitled to salary under an Electronics Technical pay category in Schedule B.11 Part 1 of DFRT Determination No. 15 of 2008, Salaries, on one of these dates.

 

i.

1 November 2005.

 

ii.

For a member who is re-entering the pay category after an absence, any day after 1 November 2005.

 

See: Part 1 Schedule 3.B.11, Other Rank pay grades

 

c.

They have completed the initial minimum period of service (IMPS). This concept is defined in Determination 12A, made by the Chief of Navy under sub-regulations 90(6), 90(7), 91(2), 97(3), 97(6) and 98(2) of the Defence (Personnel) Regulations 2002.

Related Information: Determination 12A can be found in Defence Instruction (General) 33–5, Arrangements for service in the Australian Defence Force

 

 

This Division does not apply to a member who is in any of these situations.

 

a.

They are serving an initial minimum period of service.

 

b.

They are subject to a return of service obligation for an initial period of service.

 

c.

A member who meets all these conditions.

 

i.

The member has previously been in the scheme.

 

ii.

The member discharges while obliged to serve under the scheme.

 

iii.

The member rejoins the Navy.

 

 

Example: A member joins the scheme on 1 November 2005 and elects to serve for three years. On 1 February 2006 the member discharges. The member rejoins the Navy on 1 October 2006. The member is not eligible to be made an offer.

1.

The CDF may offer a completion bonus to an eligible member. This offer may only be made once.

2.

The offer must be made using the form at Annex 3.5.E, Part A to this Division.

1.

The member may accept an offer by taking all of the following actions.

 

a.

Signing the form at Annex 3.5.E, Part B, within one of these periods.

 

i.

Up to four weeks after receiving the offer.

 

ii.

If the member is deployed, up to six months after receiving the offer.

 

b.

Electing how the benefit is to be paid, using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election

 

c.

Providing the signed form to CDF.

2.

The member must elect how many years they wish to serve in Electronics Technical pay category. They may elect whether to serve for one, two, three, four or five years.

3.

The member is entitled to a $5,000 acceptance payment on acceptance of the offer.

4.

If the member accepts, they are taken to have accepted the offer on the date the offer was made.

1.

A member is entitled to a yearly completion bonus on the anniversary of joining the scheme.

See: 

Clause 3.5.39H, Yearly completion bonus – full year of service

Clause 3.5.39I, Yearly completion bonus – ineffective service under subclause 3.5.39B.2

Clause 3.5.39J, Yearly completion bonus – ineffective service under subclause 3.5.39B.3


2.

The yearly completion bonus can only be paid for each of the years the member has agreed to serve under this Division.

Example: A member agreed to serve for three years. The member is entitled to three yearly completion bonus payments. There is no payment on the fourth year even if a member is still in the job.

3.

A member may choose to make a fresh election about how each bonus is to be paid, using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election

 

A member who had a full year of effective service in the previous 12 months is entitled to an amount of completion bonus worked out using this table.

 

Item

If the member's rank when they accepted was...

the member is entitled to...

and...

1.

Able Seaman

$5,000 on completion of the first year

$10,000 for completion of each later year.

2.

Leading Seaman

$5,000 on completion of the first year

$10,000 for completion of each later year.

 

 

Example: A member accepts an offer to join the scheme on 1 November 2005. They join for two years, and have no ineffective service. The member is entitled to these payments.

 

Item

Date

Action

1.

1 November 2005

Member joins scheme. The member is entitled to a $5,000 acceptance payment.

2.

1 November 2006

Member is entitled to a $5,000 yearly completion bonus, for the first year of service.

3.

1 November 2007

Member is entitled to a $10,000 yearly completion bonus, for the second year of service.

4.

1 November 2008

Member is not entitled to a payment.

 

(Had the member joined for three years they would have been entitled to a further $10,000 yearly completion bonus.)

1.

This clause applies to a member who had days that were not effective service in the year before each anniversary of joining the scheme.

See: Clause 3.5.39B, Definition of effective service

2.

Not all ineffective service is treated the same way.

See: Clause 3.5.39J, for ineffective service listed under subclause 3.5.39B.3

3.

This subclause describes the treatment of ineffective service that is listed in subclause 3.5.39B.2. The member's yearly completion bonus is adjusted to reflect periods that were not effective service. This table shows how the payment is worked out.

 


Step

Action

1.

Add up the number of days that were not effective service in the later of these periods.

a. The 12 months after the member elected to join the scheme.

b. The 12 months after the member's last yearly completion bonus.

2.

Subtract the outcome of Step 1 from 365.

3.

Divide the outcome of Step 2 by 365.

4.

Multiply the outcome of Step 3 by the amount of yearly completion bonus the member would have earned for a full year of service.

First completion bonus $5,000

Later completion bonuses $10,000.

5.

The member may be paid the outcome of Step 4.

 

Example:

A member is due to receive their second yearly completion bonus. In the last 12 months the member had this leave pattern.

Unpaid leave – 1 March to 30 April

Part-time leave without pay – 1 May to 30 June, working Mondays to Wednesdays

 

Step 1

1 March to 30 April = 61 days ineffective service

1 May to 30 June = 61 days x 2/5 = 24.4 days ineffective service

Total = 85.4 days

 

Step 2 – 365 - 85.4 = 279.6

Step 3 – 279.6/365 = 0.766027

Step 4 – 0.766027 days x $10,000 = $7,660.27

Step 5 – The member may be paid $7,660.27.

1.

This clause applies to a member who had days that were not effective service in the year before each anniversary of joining the scheme.

See: Clause 3.5.39B, Definition of effective service

2.

Not all ineffective service is treated the same way.

See: Clause 3.5.39I, for ineffective service listed under subclause 3.5.39B.2

3.

This subclause describes the treatment of ineffective service that is listed in subclause 3.5.39B.3. The period of the member is required to serve to meet the terms of their agreement is extended by any period of ineffective service under subclause 3.5.39B.3. 

 

A member who has both kinds of ineffective service in a year is covered by the provisions of clauses 3.5.39I and 3.5.39J.

Example: A member takes a month of leave without pay in a year. In that same year, the member spends a month discharging a return of service obligation. The member's yearly bonus is adjusted under clause 3.5.39I for the month of leave without pay. The period the member is required to serve is extended under clause 3.5.39J to reflect the month of discharging a return of service obligation.

 

1.

This clause applies to a member who is commissioned as an officer.

2.

The member is entitled to a part payment of their yearly completion bonus. This table shows how it is worked out.

See: Clause 3.5.39O, End of entitlement to completion bonus

 

Step

Action

1.

Add up the number of days of effective service in this period.

a. The period starts when the member became entitled to their last payment under the scheme.

b. The period ends when the member became a commissioned officer.

 

Note: Effective service excludes periods of ineffective service under subclauses 3.5.39B.2 and 3.5.39B.3.

2.

Divide the outcome of Step 1 by 365.

3.

Multiply the outcome of Step 2 by the amount of yearly completion bonus the member would have earned for a full year of service.

First completion bonus $5,000

Later completion bonuses $10,000.

4.

The member may be paid the outcome of Step 3.

 

Example:

A member joined the scheme on 1 December 2005, and is due to receive their first yearly completion bonus. On 1 March they become a commissioned officer.

 

Step 1 – 1 December to 1 March = 90 days effective service

Step 2 – 90/365 = 0.247

Step 3 – 0.247 days x $5,000 = $1,232.88

Step 4 – The member may be paid $1,232.88.

 

3.

Subclause 2 may have the effect that the member is not entitled to the full amount they accepted an offer for.

1.

This clause applies to a member who meets all these conditions.

 

a.

The member accepted an offer to join the scheme.

 

b.

The member was later commissioned as an officer.

Related Information: Clause 3.5.39L, Yearly completion bonus – commissioned officer

 

c.

The member is no longer a commissioned officer.

Example: A member is commissioned as a Midshipman and studies at RMIT University. The member fails the course and resigns their commission. They re-enlist in their former trade category and rank.

 

d.

The member rejoins the scheme.

2.

The member's time as an officer is not effective service for the purposes of this scheme.

See: Subclause 3.5.39B.2, Definition of effective service


3.

The member's next yearly completion bonus is paid on the anniversary of the member first joining the scheme.

4.

This table shows how the member's next yearly completion bonus is worked out.

 

Step

Action

1.

Add up the number of days of service in this period.

a. The period starts when the member is no longer a commissioned officer.

b. The period ends on the member's anniversary of joining the scheme.

2.

Subtract any periods that are not effective service, of a kind listed in subclause 3.5.39B.2.

3.

Divide the outcome of Step 2 by 365.

4.

Multiply the outcome of Step 3 by the amount of yearly completion bonus the member would have earned for a full year of service.

First completion bonus $5,000

Later completion bonuses $10,000.

5.

The member may be paid the outcome of Step 4.

 

5.

Later yearly completion bonuses are paid in accordance with whichever of clauses 3.5.39H, 3.5.39I and 3.5.39J apply to the member's circumstances.

1.

A member is entitled to a part payment instead of the completion bonus, if they are unable to complete the required period of effective service for one of these reasons.

 

a.

The member dies.

 

b.

The member is discharged for medical reasons.

 

c.

The member discharges because they have reached compulsory retirement age.

Note: This includes members whose compulsory retirement age was extended.

 

d.

The member is made redundant or is retrenched.

2.

This is how a part payment is worked out.

 

Step

Action

1.

Work out the number of days of service the member has given, since their last completion bonus payment.

 

2.

Subtract any periods that were not effective service.

 

Note: Effective service excludes periods of ineffective service under subclauses 3.5.39B.2 and 3.5.39B.3.

3.

Divide the outcome of Step 2 by 365.

4.

Multiply the answer in Step 3 by the next yearly completion bonus the member was due.

5.

The member may be paid the outcome of Step 4.


Step

Action

 

Example: The member earned their last yearly completion bonus on 1 November. On 1 February the member reaches compulsory retirement age. The member had no ineffective service.

 

Step 1 – The member had given 93 days of effective service.

Step 2 – There was no ineffective service.

Step 3 – 93/365 = 0.2548

Step 4 – The member would have earned $10,000 if they had completed the year.

               0.2548  x $10,000 = $2,548

Step 5 – The member is entitled to $2,548.

 

3.

If the member has died payment may be made to their legal personal representative.

1.

A member who stops serving in an Electronics Technical employment category is not entitled to any further completion bonuses.

2.

A member who becomes commissioned as an officer has stopped serving in the Electronics Technical employment category.

Exception: Clause 3.5.39M, Yearly completion bonus – sailor who stops being an officer

 

 

This Division provides a retention bonus for sailors in the Navy Marine Technical and Electronics Technical employment categories in the Navy. The payment is designed to encourage members to stay in these categories and to assist them to gain further qualifications.

1.

For the purpose of this Division, effective service means service that meets all these conditions.

 

a.

It is continuous full time service.

 

b.

It is paid.

Exception: Unpaid leave of less than 21 calendar days.

 

c.

It is not ineffective service under subclauses 2 or 3.

2.

Leave or other events may not be effective service. This table shows what events will have an effect.

 

Item

Activity

Effect

1.

Part time leave without pay

The unpaid component of a part-time leave without pay working pattern does not count as effective service.

 

2.

Leave at full pay

Examples: Recreation leave, full pay long service leave

The whole period counts as effective service.

 

3.

Unpaid leave for less than 21 calendar days

Examples: Leave without pay, maternity leave without pay

4.

Unpaid leave for 21 calendar days or more

Examples: Leave without pay, maternity leave without pay

The whole period does not count as effective service.

 

5.

Absence without leave

6.

Imprisonment, detention or suspension from duty without pay

7.

Leave at half pay

Example: Long service leave at half pay

Half the period of the leave counts as effective service.

 


Item

Activity

Effect

8.

An undertaking for further service, under the Military Superannuation and Benefits Act 1991.

The whole period does not count as effective service.

9.

A period when the member was discharging another undertaking for further service.

Exception: An undertaking for further service associated with a promotion.

10.

A period when the member was discharging another return of service obligation, and Item 11 of this table does not apply.

11.

A period when the member is discharging a return of service obligation, that is associated with relevant training.

 

In this table, relevant training means professional or trade training that is directly relevant to the member's occupation.

 

For this member, these periods are effective service.

a. The period of the training.

b. The period of the return of service obligation.

 

3.

Periods that are not effective service do not count towards the period the member has agreed to serve under this Division.

Example: A member agrees to serve for one year. The member has an undertaking for further service to repay, which has seven months to run. The member serves the undertaking first, and then begins to serve under the scheme. It takes the member one year and seven months to serve a one year commitment.

4.

Events in items 8, 9, 10 of the table in subclause 2 must be served before an undertaking to serve under this Division.

 

This Division applies to members who meet all these conditions.

 

a.

They have completed the initial minimum period of service (IMPS). This is defined in Determination 12A, made by the Chief of Navy under sub-regulations 90(6), 90(7), 91(2), 97(3), 97(6) and 98(2) of the Defence (Personnel) Regulations 2002.

Related Information: Determination 12A can be found in Defence Instruction (General) 33–5, Arrangements for service in the Australian Defence Force


 

b.

They hold any of the ranks listed for an employment category in this table.

 

Item

Rank

Category

1.

Warrant Officer

Electronics Technical

2.

Chief Petty Officer

3.

Petty Officer

4.

Warrant Officer

Marine Technical

5.

Chief Petty Officer

6.

Petty Officer

7.

Leading Seaman

8.

Able Seaman

 

 

c.

They are entitled to salary for a pay category described as Marine Technical or Electronics Technical in Schedule B.11 Part 1 of DFRT Determination No. 15 of 2008, Salaries.

See: Part 1 Schedule 3.B.11, Other Rank pay grades

 

This Division does not apply to a member who is in any of these situations.

 

a.

They are serving an initial minimum period of service.

 

b.

They are commissioned as an officer.

 

c.

They are receiving a completion bonus under Chapter 3 Part 5 Division 4A.

Related Information: Chapter 3 Part 5 Division 4A, Navy—Electronics Technical (junior sailor)

1.

The CDF may offer a retention bonus to an eligible member.

2.

The offer must be made in the form at Annex 3.5.F, Part A.

3.

The offer may be for a year, or for a lesser period.

4.

Offers under subclause 1 may be made more than once.

Example: The CDF offers a member a bonus for a retention period to start 1 November 2005. Later the CDF offers the same member another bonus for a second retention period, to start 1 November 2006.

1.

The member may accept an offer by taking all of the following actions.

 

a.

Signing the form at Annex 3.5.F, Part B, within one of these periods.

 

i.

Four weeks after receiving the offer.

 

ii.

If the member is deployed, six months after receiving the offer.


 

b.

Electing how the benefit is to be paid, using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election

 

c.

Providing the signed form to CDF.

2.

If the member accepts, the member is taken to have accepted the offer on the date the offer is made.

3.

In accepting the offer, the member is agreeing to serve as an eligible member under this Division.

1.

A member who accepts an offer is entitled to a retention bonus.

2.

The retention bonus has these features.

 

a.

The member is entitled to an amount of bonus when the member accepts the offer.

 

b.

The amount of the bonus depends on the rank and level of qualification held by the member.

 

c.

The amount of the bonus depends on whether the offer is for a full year, or for a part year.

3.

This subclause applies when a member has been offered a full year of bonus. The amounts of retention bonus the member is entitled to are set out in this table.

 

Item

A member who is...

and who...

is entitled to...

1.

an Able Seaman Marine Technical

holds either of these qualifications:

 

1. Marine Systems Controller Certificate (MSC) (reference P100593)

2. Machinery Watchkeeping Certificate (MWC)

   (reference P001446)

 

$5,000 a year.

2.

a Leading Seaman Marine Technical

3.

a Petty Officer Marine Technical

4.

a Petty Officer Electronics Technical

does not hold Electronics Technical Certificate of Competence (reference P001875)

 

$7,500 a year.

5.

an Able Seaman Marine Technical

holds either of these qualifications:

 

1. Marine Systems Manager (MSM) Certificate (reference P100594)

2. Engine Room Watchkeeping Certificate Common (ERWC) (reference P001321)

 

6.

a Leading Seaman Marine Technical

7.

a Petty Officer Marine Technical

8.

a Petty Officer Marine Technical

holds Marine Technical Charge Certificate (reference P001877)

$10,000 a year.


Item

A member who is...

and who...

is entitled to...

9.

a Petty Officer Electronics Technical

meets either of these conditions:

 

1. the member has seniority of 30 March 2001 or later

2. the member holds Electronics Technical Certificate of Competence (reference P001875)

 

 

10.

a Chief Petty Officer Electronics Technical

...

$10,000 a year.

11.

a Warrant Officer Electronics Technical

12.

a Chief Petty Officer Marine Technical

13.

a Warrant Officer Marine Technical 

 

4.

This subclause applies when a member has been offered a bonus for a part year. The member's retention bonus is worked out under this table.

 

Step

Action

1.

Work out the number of calendar days in the offer period.

2.

Divide the outcome of Step 1 by 365.

3.

Find the bonus the member would have been paid, had they been offered a bonus for a full year. (See: Subclause 3)

4.

Multiply the outcomes of Step 2 and Step 3.

5.

The member may be paid the outcome of Step 4.

 

Example:

A Chief Petty Officer Marine Technical is offered a bonus for the period from 13 December 2006 to 31 October 2007.

Step 1 = 323 days

Step 2 = 323/365 = 0.884931

Step 3 = $10,000

Step 4 = $8,849.31

The member may be paid $8,849.31.

1.

A member may gain a higher qualification during a year for which they have made an undertaking.

2.

If that qualification would place the member in a different item under the table in subclause 3.5.44G.3, the member is entitled to an additional amount of bonus for the rest of the year.


3.

The bonus is worked out under this table.

 

Step

Action

1.

Work out the number of calendar days in this period.

a. The period starts on the first day of the period of the member's current offer.

b. The period ends on the day before the member gained the qualification.

 

2.

Subtract any periods of ineffective service in that period.

See: Clause 3.5.44B, Effective service

3.

Subtract the outcome of Step 2 from the number of calendar days in the period of the member's current offer.

 

4.

Divide the outcome of Step 3 by the number of calendar days of the period of the member's current offer.

 

5.

Work out the difference between these amounts.

1. The retention bonus amount the member was last paid.

2. The amount of the retention bonus that would apply for the member's new qualification. This amount can be found in the table in subclause 3.5.44G.3.

Exception: If the member is serving a part year of service, and was paid a part bonus, the amount for the member's new qualification should be adjusted using the method in subclause 3.5.44G.4.

6.

 Multiply the outcomes of Step 4 and Step 5.

7.

The member may be paid the outcome of Step 6.

 

 

Example: A member joins the scheme with a Marine Systems Controller Certificate on 1 November 2005. The member is paid a $5,000 bonus. The member joins the scheme for a full year.

On 1 June 2006 the member qualifies as Marine Systems Manager. The member had no days that were not effective service between 1 November 2005 and 1 June 2006.

The member's bonus is worked out as follows.

 

Step

Action

1.

There are 212 days between 1 November 2005 and 31 May 2006.

 

2.

The member had no ineffective service between 1 November 2005 and 31 May 2006.

3.

There are 365 days in the member's current period of offer.

365 – 212 = 153

 

4.

153/365 = 0.41918

 

5.

As a member with a Marine Systems Controller Certificate, the member was paid a $5,000 bonus. A Marine Systems Manager earns a $7,500 bonus.

The difference between them is $2,500.

6.

0.41918 x $2,500 = $1,229.50

 

7.

The member may be paid $1,229.50.

 

 

4.

The member may use the form at Part D of Annex 3.5.F to seek an adjustment under this clause.

 

 

The member's entitlement to a bonus under this Division ends when they meet any of these conditions.

 

a.

They stop serving in a pay category described as Marine Technical or Electronics Technical (sailors) in Schedule B.11 Part 1of DFRT Determination No. 15 of 2008, Salaries.

 

b.

They are commissioned as an officer.

 

See: Schedule 3.B.11, Other Rank pay grades

1.

This clause applies to a member who takes one of these actions.

 

a.

The member stops serving in a pay category described as Marine Technical or Electronics Technical in Part 1 of Schedule B.11 of DFRT Determination No. 15 of 2008, Salaries.

 

b.

The member leaves the ADF.

 

Exceptions: See Clause 3.5.44K, Member not required to repay

See: Part 1 Schedule 3.B.11, Other Rank pay grades

2.

The member must repay a part payment of their retention bonus. This table shows how it is worked out.

 

Step

Action

1.

Work out the number of calendar days in this period.

a. The period starts on the first day of the period of the member's current offer.

b. The period ends on the day before the member gained left the ADF or left the Marine Technical or Electronics Technical pay categories.

2.

Subtract any periods of ineffective service in that period.

See: Clause 3.5.44B, Effective service

3.

Subtract the outcome of Step 2 from the number of calendar days of the period of the member's current offer.

4.

Divide the outcome of Step 3 by the number of calendar days of the period of the member's current offer.

5.

Multiply the outcome of Step 4 by the amount of retention bonus the member was paid when the member accepted the most recent offer under the scheme.

Exception: If the member has since been paid a bonus amount under

clause 3.5.44H, Advance in qualification level, multiply the outcome of Step 4 by another amount. This amount is the bonus amount for the member's most recent qualification (see subclause 3.5.44G.3), adjusted using the method in 3.5.44G.4.

6.

The member must repay the outcome of Step 5.

 

Example:

A Warrant Officer Electronics Technical joined the scheme on 1 November 2005, for a full year. On 1 March they leave the ADF. The member had no ineffective service.

 

Step 1 – 1 November to 28  February = 120 days

Step 2 – No ineffective service

Step 3 – 365 – 120 = 245 days

Step 4 – 245/365 = 0.671233

Step 5 – 0.671233 x $10,000 = $6712.33

Step 5 – The member must repay $6712.33.

Note: This is a gross amount.

 

A member will not be required to repay an amount if they cannot complete their undertaking for any of these reasons.

 

a.

They die.

Note: This means that where a member dies, the member's legal personal representative will not be required to repay the bonus.

 

b.

They become permanently medically unfit for duty as a member of the Marine Technical or Electronics Technical pay category. This must be for reasons outside the member's control.

 

c.

They are transferred out of the Marine Technical or Electronics Technical pay category for Service reasons.

 

d.

They are made redundant or retrenched.

 

 

The purpose of this Division is to offer an educational bonus payment to members who complete the ADF gap year and rejoin the Permanent Forces after completing their education.

 

In this Division an ADF gap year is a program up to 12 months in duration, for members of the Australian community who have completed their year 12 (or equivalent) education to experience military training and lifestyle.

See: Defence Instruction (General) Personnel 05-10, Australian Defence Force Gap Year

1.

A member is eligible for a bonus payment of $10,000 under this Division if they meet all of the following conditions.

 

a.

The member has successfully completed the ADF gap year.

 

b.

The member has re-enlisted or has been re-appointed to the Permanent Forces within five years of their ADF gap year.

 

c.

The member has completed qualifications in either of the following forms.

 

i.

Civilian trade training.

 

ii.

Tertiary education.

2.

The member is still eligible for the bonus payment if they join a Service which is different to the one they joined to complete their ADF gap year.

 

The member must complete a bonus payment election using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election

 

 

This Division provides a completion bonus for members in the High Readiness Active Reserve. The payment is designed to meet these purposes.

 

a.

To encourage members to stay in the High Readiness Active Reserve in the Army.

 

b.

To acknowledge increased needs for members to be ready and committed.

 

In this Division, High Readiness Active Reserve has the meaning given in regulation 5 of the Defence (Personnel) Regulations 2002.

 

This Division applies to a member who meets both the following conditions.

 

a.

They are a member of the High Readiness Active Reserve in the Army.

 

b.

They have agreed in writing to perform the requirements of the High Readiness Active Reserve, in accordance with administrative instructions made under s.9A of the Defence Act 1903.

See: Defence Instruction (Army) PERS 79-6 – Management of the Army High Readiness Reserve

1.

A member who meets both the following conditions is entitled to a $10,000 completion bonus.

 

a.

The member has been a member of the High Readiness Active Reserve for the following period that is relevant to the member's circumstances.

 

i.

Two continuous years.

Example: 1 August 2006 to 31 July 2008

 

ii.

Two continuous years, including any period of continuous full-time service described under item 2 of the following table.

 

Item

If the member was on continuous full-time service and was...

then the period...

1.

a member of the Regular Army

 

Authority: s.32 of the Defence Act 1903

breaks continuity.

 

A member who returns to the High Readiness Active Reserve after leaving the Regular Army must start a fresh two year period to be eligible for the bonus.

2.

a member of the Army Reserve

 

Authority: s.32A of the Defence Act 1903

does not break continuity.

 

The period of continuous full-time service can be counted towards the two continuous years.

 


 

iii.

If the CDF has granted the member an extension of time longer than the two years to complete the undertakings in the agreement made under paragraph 3.5.70.b, that extended period.

See: Defence Instruction (Army) PERS 79-6 - Management of the Army High Readiness Reserve, paragraph 22

Example: A member joins the High Readiness Active Reserve on 1 July 2006. The member is granted six month's extra to complete the member's undertakings in their agreement. The member has completed two years' service on 30 December 2008.

Non-example: A member joins the High Readiness Active Reserve on 1 July 2006. The member is transferred to the Active Reserve from 1 January to 30 June 2007. On 1 July 2007 the member starts a new period of service in the High Readiness Active Reserve. The two periods of High Readiness Active Reserve service may not be counted together towards the completion bonus.

 

b.

The CDF has determined that the member has met all undertakings in the member's High Readiness Reserve Service Agreement.

Examples: Readiness and training commitments.

2.

A member may be entitled to the completion bonus more than once, for each period that the member qualifies under subclause 1.

Example: A member joins the High Readiness Specialist Reserve on 1 July 2006. The member qualifies for the completion bonus on 30 June 2008. The member remains in the High Readiness Specialist Reserve, and on 30 June 2010 has qualified for another completion bonus.

1.

A member who leaves the ADF in one of the following ways is entitled to a $10,000 completion bonus.

 

a.

The member dies.

 

b.

The member ceases service at the end of a fixed term (or fixed tenure) appointment.

 

c.

The member retires due to reaching compulsory retirement age.

 

d.

The member's service is terminated due to physical or mental incapacity that is not within the member's power to control.

Authority: Regulation 85(1)(a), Defence (Personnel) Regulations 2002.

2.

The CDF may determine that a member who leaves the ADF for a reason not listed in subclause 1 may be paid a $10,000 completion bonus.

Exceptions: Members who resign or transfer to another category of the Reserve Force.

3.

In making the determination in subclause 2, the CDF must consider the member's health and family responsibilities.

 

 

This Division provides a completion bonus for members in the High Readiness Reserve. The payment is designed to meet these purposes.

 

a.

To encourage members to stay in the High Readiness Active Reserve and the High Readiness Specialist Reserve in the Air Force.

 

b.

To acknowledge increased needs for members to be ready and committed.

 

The following definitions apply in this Division.

 

Term

Definition in this Division

High Readiness Active Reserve

Have the meanings given under regulation 5 of the Defence (Personnel) Regulations 2002.

High Readiness Specialist Reserve

 

This Division applies to a member in the Air Force who is a member of either the High Readiness Active Reserve or the High Readiness Specialist Reserve.

1.

The CDF may make an agreement with a member that sets out the member's obligations as a member of the High Readiness Active Reserve or the High Readiness Specialist Reserve.

2.

The agreement may include matters such as the following.

 

a.

The period of the agreement.

 

b.

The number of days of duty the member is to serve, providing it is no less than the number of days for the member's type of service in the following table.

 

Item

If the member is in the...

the minimum period is...

1.

High Readiness Active Reserve

50 days

2.

High Readiness Specialist Reserve

7 days.

 

 

c.

The level of the following that the member agrees to maintain.

 

i.

Physical fitness.

 

ii.

Personal weapon proficiency.

 

iii.

Medical fitness.

 

iv.

Dental fitness.

 

d.

The member's agreement to perform continuous full-time service, if required.

3.

The CDF may grant a member a longer period to meet the obligations in their agreement.


4.

In making the decision in subclause 3, the CDF must consider the following criteria.

 

a.

Health or childcare issues that may have prevented the member from meeting their obligations.

 

b.

Service reasons beyond the member's control that prevented the member from meeting their obligations.

Examples: Postponement or cancellation of training that has been agreed.

1.

A member who meets all the following conditions is entitled to a $5,000 completion bonus.

 

a.

The member has made an agreement under clause 3.5.76 with the CDF.

See: Clause 3.5.76, High Readiness Reserve agreement

 

b.

The member has been a member of the High Readiness Active Reserve or the High Readiness Specialist Reserve for the following period that is relevant to the member's circumstances.

 

i.

One continuous year.

 

ii.

One continuous year, including periods of continuous full-time service allowed under the following table.

Example: A member joins the High Readiness Specialist Reserve on 1 July 2006. During September and October 2006 the member was on continuous full-time service. The member has completed one continuous year's service on 30 June 2007.

 

Item

If the member was on continuous full-time service and was...

then the period...

1.

a member of the Permanent Air Force

 

Authority: s.4B of the Air Force Act 1923

breaks continuity.

 

A member who returns to the High Readiness Active Reserve after leaving the Permanent Air Force must start a fresh one year period to be eligible for the bonus.

2.

a member of the Air Force Reserve

 

Authority: s.4C of the Air Force Act 1923

does not break continuity.

 

The period of continuous full-time service will be counted towards the one continuous year.

 

 

iii.

If the CDF has granted the member an extension of time longer than one year to complete the obligations in the agreement made under subclause 5.3.76.2, that extended period.

Exception: The CDF may not grant an extension longer than a year.

Example: A member signs an agreement under subclause 5.3.76.2 on 1 December 2006. In that agreement the member undertakes to do trade training. During 2007 that training is cancelled, and the next available course is in February 2008. The CDF grants the member an extension of their time to complete the obligations in their agreement, until the end of February 2008.


 

c.

The CDF has determined that the member has met all yearly mandatory obligations in the agreement made under clause 3.5.76.

See: Clause 3.3.76, High Readiness Reserve agreement

2.

A member may be entitled to the completion bonus more than once, for each period that the member qualifies under subclause 1.

Example: A member joins the High Readiness Specialist Reserve on 1 July 2006. The member qualifies for the completion bonus on 30 June 2007. The member remains in the High Readiness Specialist Reserve, and on 30 June 2008 has qualified for another completion bonus.

1.

A member is to be paid a bonus payment on a pro rata basis if they do not complete the minimum period of effective service for any of the following reasons.

 

a.

The member transfers to the Permanent Air Force.

Authority: s.4B of the Air Force Act 1923

 

b.

The member dies.

 

c.

The member ceases service at the end of a fixed term (or fixed tenure) appointment.

 

d.

The member retires due to reaching compulsory retirement age.

 

e.

The member's service is terminated due to physical or mental incapacity that is not within the member's power to control.

Authority: Regulation 85(1)(a), Defence (Personnel) Regulations 2002.

 

f.

The member's position is downgraded or disestablished.

2.

The completion bonus in subclause 1 is calculated using the following table.

 

Step

Action

1.

Calculate the number of days in the following period.

a.

The period starts on the later of the following dates.

 

i.

The date the member met the requirements in clause 3.5.77. (This date cannot be before 1 July 2006.)

 

ii.

The date the member was last entitled to a bonus under this Division.

b.

The period ends on the day the member left the ADF in a way listed in subclause 1.

2.

Divide the outcome of Step 1 by 365. If the period in Step 1 includes February 29, divide the outcome of Step 1 by 366.

3.

Multiply the outcome of Step 2 by $5,000.

4.

The member may be paid the outcome of Step 4. If the member has died, payment may be made to the member's legal personal representative.

 


 

Example: A member reaches compulsory retirement age on 15 August 2007, and retires. The member has been in the High Readiness Active Reserve in the Air Force since 1 July 2006. He was paid a bonus under this scheme on 1 July 2007.

 

Step

Action

1.

The period starts on the later of these dates:

i

1 July 2006.

ii

1 July 2007

As the date the member was last paid a bonus is later, the period starts 1 July 2007.

The period ends on the day the member reached compulsory retirement age,

15 August 2007.

 

There are 46 days between 1 July 2007 and 15 August 2007.

2.

46 divided by 365 equals 0.126027

3.

0.12603 multiplied by $5,000 equals $630.14

 

 

The purpose of this Division is to offer a retention bonus that will achieve all of the following outcomes.

 

a.

Retain members in individual positions necessary to capability in a critical trade or work unit.

 

b.

Prevent the reduction of personnel numbers to levels below that required to sustain operational or supporting capability in the Navy.

 

c.

Retain members in other individual positions critical to Navy capability.

1.

An agreed period of service is a period of up to two years which the member agrees to serve in a specified position, employment category or primary qualification in return for a bonus under this Division.

2.

A current capability shortage is critical when both the following conditions are met.

 

a.

A Navy position requirement cannot be met with fit, trained and available personnel, within respite rules.

 

b.

Failure to meet the position requirement impacts negatively on delivery of Navy capability.

3.

A workforce structure shortage is critical when some or all of the recruiting, retention, training throughput, strength and future health elements of the category or primary qualification combine so that the shortage in numbers is unlikely to recover within five years.

1.

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

 

a.

The member is in the Permanent Navy or Navy Reserve.

 

b.

The  Director General Navy People is satisfied that a bonus is required to assist in retaining the member or a class of members in an area of critical workforce shortage, having regard to the factors listed in subclause 2.

 

c.

The member is offered a retention bonus under subclause 5.

 

d.

The member agrees to provide a fixed period of up to two years of effective service in the position, employment category or primary qualification for which the bonus was offered (this is called the agreed period of service), using the form at Annex 3.5.V.

See: Annex 3.5.V, Navy – Individuals critical to Navy capability.

2.

Director General Navy People must have regard to the following factors when deciding whether to offer a member or a class of members a bonus under this Division.

 

a.

Any evidence that there is a workforce structure shortage that is critical in the member's employment category or primary qualification.

 

b.

Any evidence that failure to retain the member in the position will result in a current capability shortage that is critical.


 

c.

Any evidence that the number of personnel in the member's employment category or primary qualification is falling.

 

d.

Whether the position that the member fills is essential to the delivery of Navy's capability.

 

e.

Whether the member holds qualifications and skills that are essential to the delivery of Navy's capability.

 

ea.

Whether the member has applied to achieve qualifications and skills that are essential to the delivery of Navy's capability.

 

f.

Whether the position requires qualifications or skills that are in critical shortage in the Navy.

 

g.

Any market forces that are contributing to the shortage.

 

h.

Any other relevant matter.

3.

The amount of each bonus to be offered is to be determined by Director General Navy People, having regard to the list of factors at subclause 2, up to a maximum of $50,000 per year. The amount must be notified to the member as part of the offer.

4.

The period of service that must be performed in return for each bonus to be offered is to be determined by Director General Navy People, having regard to the list of factors at subclause 2, up to a maximum of two years. The amount must be notified to the member as part of the offer.

5.

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

 

a.

Director Navy People Career Management Agency.

 

b.

Deputy Director Navy People Career Management Agency.

1.

A member who is serving on another bonus scheme contained in Chapter 3 Part 5 of this Determination ('the other bonus scheme') may be offered a bonus under this Division.

2.

If the member accepts the offer of a bonus under this Division, the acceptance has the following effects on the member's liability to serve in return for a bonus under the other scheme.

 

a.

The member's period of service under the other scheme continues until the day that the member commences serving the period of service agreed under this scheme.

 

b.

If the other scheme has a completion bonus and the member chooses to commence the period of service agreed under this scheme, before they have reached the end of the completion bonus period of service, a pro rata amount of the bonus may be paid to the member for the period of service performed towards the completion bonus.

 

c.

If the other scheme had an obligation payment or other initial payment, no amount of the obligation or initial payment is repayable under that scheme.

 

 

A member is not eligible to accept the offer of a bonus under this Division if any of the following circumstances apply to them.

 

a.

The member has undertaken to perform a period of service for the purpose of another bonus under this Division and has not agreed to transfer to the scheme under this Division.

 

b.

The member will reach compulsory retirement age before the end of the period of service they must undertake in return for the bonus payment and the member has not applied to have their service extended to cover the period of service required for the bonus.

 

c.

The member's fixed period of service will end before the end of the period of service they must undertake in return for the bonus payment and the member has not applied to have their fixed period of service extended to cover the period of service required for the bonus.

1.

An eligible member may accept a bonus under this Division any time after they receive an offer, until the latest of the following dates.

 

a.

Twenty-eight days after the day the offer is made.

 

b.

If the member was deployed when the offer under paragraph a. was made — the day 28 days after the day the member returns to Australia after a deployment.

 

c.

A longer period that the Director General Navy People decides is reasonable, having regard to the member's circumstances.

Example: The Director General Navy People decides to extend a member's ability to accept the offer because the member is deployed for six months in an area where there is no ability to send an acceptance form.

2.

An acceptance made under this subclause must be on the application form at Annex 3.5.V.

See: Annex 3.5.V, Navy – Individuals critical to Navy capability

2A.

The member must also complete a bonus payment election using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election

3.

The acceptance must include an undertaking to serve for the same fixed period that is specified in the offer, up to a maximum of two years.

1.

The agreed period of service the member undertakes to perform in return for the retention bonus must be served as effective service.

Note: It will take the member longer than the period they initially agreed to finish their agreed period of service, if they spend any time on ineffective service.


2.

For the purpose of a retention bonus under this Division, effective service means service that meets the following conditions.

 

a.

It is continuous full-time service in the Navy.

 

b.

It is paid.

Exception: Unpaid leave of less than 21 calendar days.

 

c.

If it is described in the table in subclause 3, it is counted as effective service in the table.

3.

The following table lists a range of leave types and activities and sets out how a period of that leave or activity counts towards a member's agreed period of effective service.

 

Item

Activity

Effect

1.

Part-time leave without pay.

The unpaid component does not count as effective service.

2.

Leave at full pay.

Examples: Recreation leave, long service leave taken at full pay.

All of this leave counts as effective service.

 

3.

Unpaid leave for less than 21 calendar days.

Examples: Leave without pay, maternity leave without pay.

4.

Leave at half pay.

Example: Long service leave at half pay.

Half the period of the leave counts as effective service.

5.

Unpaid leave for 21 calendar days or more.

Examples: Leave without pay, maternity leave without pay.

No time spent on these types of leave and activity counts as effective service.

 

6.

Absence without leave.

7.

Imprisonment, detention or suspension from duty without pay.

8.

An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005.

9.

A period when the member was discharging an initial minimum period of service, or another undertaking for further service.

Exception: An undertaking for further service associated with a promotion.

10.

Return of service obligations

A period when the member is discharging a return of service obligation associated with the following.

 

 a. A period of initial category training.

 

 b. Any other return of service obligation not described in item 10 or 11 of this table.

 Examples:

     A return of service obligation associated with a transfer between Services.

     A return of service obligation associated with recruitment from another country.


Item

Activity

Effect

11.

Return of service obligations

A period when the member is discharging a return of service obligation associated with the following.

 

a. An overseas posting.

 

b. Professional or trade training that is directly relevant to the member's occupation, and not described in item 11.a of this table.

Both of these periods are counted as effective service.

 

i. The period of the overseas posting or the training.

 

ii. The period of the return of service obligation.

 

 

See: Clause 3.5.212, Calculating a pro rata repayment of the retention bonus

1.

A retention bonus becomes payable to an eligible member when the member has submitted both the following forms.

 

a.

Annex 3.5.V, Bonus framework form.

 

b.

Annex 3.5.ZN, Bonus payment election.

 

Exception: If the member is offered a bonus because they have applied to achieve qualifications and skills that are essential to the delivery of Navy's capability, the bonus is payable on the day the member successfully completes the course or training and achieves the qualification or skill specified in the bonus offer.

2.

The amount of the bonus is the amount offered to the member under clause 3.5.205.

See: Clause 3.5.205, Member who is eligible for a retention bonus under this Division

3.

A member who joins the scheme must serve in the Navy until they complete the agreed period of effective service under this Division.

4.

The member's period of effective service commences from whichever of the following dates is relevant.

 

a.

If the member is offered a bonus for a period of service commencing on a day – that day.

 

b.

The day that any requirement in the following list ceases to apply to the member, if the requirement applied to the member when they accepted a bonus under this Division.

 

i.

An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 (as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005).

 

ii.

A return of service obligation.

 

iii.

An initial minimum period of service.

 

iv.

A period of service performed under another retention or completion bonus under this Part.


 

c.

If the member is offered a bonus because they have applied to achieve qualifications and skills that are essential to the delivery of Navy's capability – the day the member successfully completes the course or training and achieves the qualification or skill specified in the bonus offer.

Note: This means that if the member does not achieve the qualification or skill specified in the offer then they do not receive the bonus payment under subclause 1. The member also does not have to provide the agreed period of service under this scheme because they cannot perform in the relevant position, employment category or primary qualification.

5.

The member is taken to have ceased serving in accordance with their undertaking to perform the agreed period of effective service if they cease serving in the position, employment category or primary qualification for which the bonus was offered.

6.

If the member fails to complete the agreed period of effective service for a reason not listed in clause 3.5.211.1, then they must repay a part of the bonus, representing the portion of the agreed period of effective service that has not been performed, to the Commonwealth.

Example: The member is paid a retention bonus of $25,000 for two years' service. The member leaves the Navy to work in the private sector after doing only 12 months' service in return for the retention bonus. The member has not done the last 12 months of service and so must repay a portion of the bonus.

The member must repay $12,500 of the $25,000 originally paid. Note that the repayment is based on pre-tax amounts.

1.

If a member fails to complete their required period of service under a bonus in this Division for any of the following reasons, they are not required to repay any part of the bonus.

 

a.

The member ceases to serve in the Navy for a reason that is beyond the member's control.

Example: The member is terminated because of medical unfitness, or dies.

 

b.

The member transfers from the Permanent Force to the Reserves at Navy's initiative.

Authority: Chapter 8 Part 2 Division 2 or 3 of the Defence (Personnel) Regulations 2002.

Example: A member reaches compulsory retirement age and leaves the Permanent Navy after their application to extend service is refused. The member is transferred to the Reserves. The member does not need to repay any of the bonus.

2.

The member is not required to repay any part of the bonus if they complete their agreed period of service in Navy but not in the agreed position, employment category or primary qualification because any of the following circumstances apply.

 

a.

The member transfers to another trade, employment category or primary qualification stream due to a restructure.

 

b.

Navy initiates the member's transfer to another trade, employment category or primary qualification stream.

 

c.

The member is promoted and so must leave the agreed position, employment category or primary qualification stream.


3.

A member will be required to repay the bonus on a pro rata basis if they fail to complete their required period of service for reasons including, but not limited to, any of the following.

 

a.

The member resigns from the Permanent Force.

 

b.

The member's service is terminated for disciplinary reasons.

 

c.

The member voluntarily leaves the position, employment category or primary qualification for which the bonus was offered.

 

The following table shows how to calculate a pro rata amount of retention bonus repayable to the Commonwealth under subclause 3.5.210.6.

 

Step

Action

1.

Work out the number of calendar days in the following period.

a. The period starts on the day the member is taken to start their undertaking to serve under this Division. (See: Clause 3.5.210, Payment of the retention bonus)

b. The period ends on the day the member ceases to serve under this Division, for a reason not listed in subclause 3.5.211.1.

2.

Work out the number of days of ineffective service the member did in the period described in Step 1.

3.

Subtract the outcome of Step 2 from the outcome of Step 1.

 

The outcome shows the number of days of effective service the member did for in return for the retention bonus.

4.

Subtract the outcome of Step 3 from the total number of days in the period that the member agreed to serve under this Division.

 

The outcome shows the part of the service period that the member has not performed in return for the retention bonus.

5.

Divide the outcome of Step 4 by the total number of days in the period that the member agreed to serve under this Division.

The outcome of this Step shows the size of the part of the bonus that the member must repay

6.

Multiply the outcome of Step 5 by the total amount of the bonus.

7.

The member must repay the outcome of Step 6.

 

 

Example: A member joins the bonus scheme for a two-year period on 1 March 2008 and gets a bonus of $25,000. On 1 February 2009 the member resigns. The member had 25 days of leave without pay in September 2008.

 

Step

Action

1.

There were 337 calendar days between 1 March 2008 and 31 January 2009.

2.

The 25 days the member was on leave without pay was ineffective service.

3.

337 days minus 25 days = 312 days

4.

730 days minus 312 days = 418 days (The number 730 represents the number of days in two calendar years).

5.

418 days divided by 730 days = 0.572603

6.

0.572603 multiplied by $25,000 = $14,315.07

7.

The member must repay $14,315.07.

 

 

The purpose of this Division is to offer completion payments to members who are posted and perform the duties of a recruit instructor at 1st Recruit Training Battalion (1RTB).

 

The following definitions are used in this Division.

 

Term

Definition

Eligible service

This definition is set out in clause 3.5.218 of this Division.

See: Clause 3.5.218, Eligible service for the purpose of the bonus

Principal Determination

Defence Determination 2005/15, Conditions of service

Recruit instructor

Means a member posted to an authorised establishment position at 1RTB as a recruit instructor with the employment category number (ECN) 347 and whose primary duties involve instruction of recruits; direct instruction including demonstrations, fault correction, testing of learning objectives (including assessment in one on one situations), retraining and testing.

1.

A member is eligible for the recruit instructors scheme if they meet all of the following conditions.

 

a.

The member is in the Australian Regular Army or Army Reserves on continuous full-time service.

 

b.

The member's rank is Lance Corporal, Corporal or Sergeant.

Note: The definition of rank in Chapter 1 Part 3 Division 1 clause 1.3.60 includes acting rank, this includes temporary and provisional rank but not a period of higher duties.

 

c.

The member has successfully completed the recruit instructor development course.

 

d.

The member is posted to and is performing the duties of a recruit instructor.

 

e.

The member has applied to join the scheme using the form at Annex 3.5.W.

See: Annex 3.5.W, Army – 1st Recruit Training Battalion recruit instructors scheme

 

f.

The member must also complete Annex 3.5.W, Army – 1st Recruit Training Battalion recruit instructors scheme.

See: Clause 3.5.223, Administration of payment.

2.

The scheme ceases to apply to members on 9 March 2016. A member who first meets the conditions of eligibility under subclause 1 after 9 March 2016, is not eligible for the scheme.

1.

For the purpose of this Division, eligible service means a period of service that meets all these conditions.

 

a.

The member is posted to and performing the duties of a recruit instructor.

 

b.

It is continuous full-time service.

 

c.

It is not counted as a period of ineligible service under subclause 2.

2.

This table lists a range of leave types and activities and sets out how a period of that leave or activity counts toward member's period of eligible service.

 

Item

Activity

Effect

 

Leave and absence

1.

Leave at full pay.

 

Exceptions: Long service leave, maternity leave, medical absence.

 

Example: Recreation leave.

The whole period of this leave counts as eligible service.

 

2.

Part-time leave without pay.

The unpaid component does not count as eligible service.

 

Specific period

Effect

3.

Medical absence.

First 28 days of any medical absence.

Counts as eligible service.

Period of absence after 28 days.

Does not count as eligible service.

4.

Maternity leave

 

 

First 28 days of paid maternity leave in relation to a pregnancy. This may be taken in more than one absence.

 

Examples: Maternity leave at full pay, maternity leave at half pay

 

Counts as eligible service.

Period of absence after 28 days.

 

Examples: Maternity leave at full pay, maternity leave without pay

 

Does not count as eligible service.

5.

Parental leave

Parental leave at full pay

Counts as eligible service.

Unpaid parental leave.

Does not count as eligible service.


Item

Activity

Effect

6.

Long service leave

First 28 days of paid long service leave while serving towards this bonus.

 

Examples: Long service leave at full pay, long service leave at half pay

 

Counts as eligible service.

Other long service leave.

Does not count as eligible service.

 

Leave and absence

7.

Unpaid leave.

Example: Leave without pay.

Does not count as eligible service.

8.

Absence without leave.

 

Other commitments

9.

A period when the member is serving an undertaking for service for the purpose of another bonus payment under this Part. 

The period counts as eligible service only toward the earlier undertaking.

10.

An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005.

Does not count as eligible service.

11.

A period when the member is serving a return of service obligation for the purpose of the Defence Personnel Regulations 2002.

12.

A period when the member is completing an initial minimum period of service for the purpose of the Defence Personnel Regulations 2002.


Item

Activity

Effect

 

Not performing employment category duties 

3.

A period for which the Commanding Officer 1RTB determines the member is not performing the duties of the employment category for which the bonus was offered.

 

Example: The member accepts an offer and goes on an overseas temporary exchange or exercise.

Does not count as eligible service.

14.

Imprisonment, detention or suspension from duty without pay.

 

3.

A member who has a period which does not count as eligible service in a financial year may be eligible for a partial payment under clause 3.5.221.

See: Clause 3.5.221, Reasons for making a partial payment of the completion payment

1.

This clause applies to a member who is eligible under subclause 3.5.216.1.

See: Clause 3.5.216, Member eligible for the recruit instructors scheme

2.

A completion payment of $13,000 is payable to a member at the end of each financial year.

See: Clause 3.5.215, Definitions used in this Division, for the definition of financial year.

3.

If a member has a period which does not count as eligible service under subclause 3.5.218.2 of they may be eligible for a partial amount of the completion payment under clause 3.5.221.

See:
Subclause 3.5.218.2, Eligible service for the purpose of the recruit instructor scheme
Clause 3.5.221, Reasons for making a partial payment of the completion payment

4.

A member may choose to make a fresh election about how each payment is to be paid, using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election

 

 

A member is to be paid a partial completion payment if they fail to complete a full financial year as a recruit instructor for any of the following reasons.

 

a.

The member does not complete a full financial year in the first or last financial year of being eligible for the scheme.

 

b.

The member dies.

 

c.

The member is reduced in rank to Private.

 

d.

The member is promoted to the rank of Warrant Officer Class 2.

 

e.

The member is commissioned as an officer.

 

f.

The member is discharged from the Australian Regular Army or transfers to the Inactive or Standby Reserve.

 

g.

The member opts out of their scheme under this Division in writing to join another scheme under this Part.

 

h.

The member is transferred or posted from a recruit instructor position.

Exception: The member is transferred or reposted for disciplinary or performance reasons.

 

i.

The scheme ceases.

 

The following table shows how to calculate a partial amount of the completion payment payable under clause 3.5.221.

 

Step

Action

1.

Work out the number of days of eligible service the member has done in a financial year.

2.

Divide the bonus payment amount by the number of days in the year.

3.

Multiply the outcome of Step 1 by the outcome of Step 2.

4.

The member may be paid the outcome of Step 3.

 

The member must complete a bonus payment election using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election

 

 

The Division sets out the financial support a medical officer may get when they participate in approved professional development activities.

 

For the purpose of this Division, a member is taken to be a medical officer if they meet the requirements in clause B.3.2 of DFRT Determination No. 15 of 2008, Salaries.

1.

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

 

a.

The member is a medical officer.

 

b.

The member participates in approved professional development activities.

 

 

See: Clause 3.5.249, Professional development activities

 

c.

The member is fit for normal duty.

 

 

Exception: A member does not have to be fit for operational deployment

2.

This Division ceases to apply to all members on 30 June 2017.

1.

CDF may approve activities as professional development activities. The CDF must consider all the following factors.

 

a.

Whether the activity will enhance the member's clinical and professional skills.

 

b.

Whether the activity could be funded by other means.

 

 

Example: Courses offered under Defence Assisted Study Scheme.

 

c.

The cost of the activity.

 

d.

The interests of the Commonwealth.

 

e.

Any other factors relevant to the member's personal development.

 

See also: Defence Instruction (General) Personnel 05-17, Professional development for uniformed Medical Officers in the Australian Defence Force

2.

The following activities cannot be approved as professional development activities under this Division.

 

a.

Membership of medical colleges or professional organisations that have a primary purpose that is political in nature.

 

b.

Activities associated with competency-based training to meet the requirements of the specialist career structure.


 

c.

Activities that can be accessed through the Defence Assisted Study Scheme.

 

d.

The purchase of computers, personal digital assistants or internet access fees.

1.

A member of the Permanent Forces may be paid financial support up to a maximum of $10,000 in a financial year.

2.

The following table describes the amounts that may be paid to a member of the Reserves.

 

Item

If the member is on ...

then for this period ...

they may be paid this amount ...

up to a maximum of ...

1.

a period of continuous full-time service

a. 30 continuous days

$833.33

$10,000 in a financial year.

b. less than 30 continuous days

nothing

Exception: the days can be combined with the days in item 2.

$2000 in a financial year.

2.

Reserve service

for each aggregate period of 30 days worked in a financial year

 

The days do not have to be worked continuously and can include any days under item 1b.

$166.67

for any other days

nothing

 

 

Example 1: During a financial year, a member works a period of continuous full time service for 21 days. The member also works nine individual reserve days. The member may claim up to $166.67.

 

Example 2: A member works five days per month over six months. The member may claim up to $166.67.

 

Example 3: A member is on a period of continuous full time service for three months. The member may claim up to $ 2500.00.

3.

A member may use up to the maximum under this Division in a single financial year. Any unused funds cannot be paid to the member or carried over to future years.

1.

A member can be paid financial support under this Division on a reimbursement. Costs associated with approved professional development activities must be paid in full before reimbursement can be made.

Note: The member must provide evidence of the payment. It is the member’s responsibility to provide enough detail to allow the costs to be verified.

2.

A member can be provided financial support under this Division by direct payment to a supplier for an approved professional development activity.


3.

If the CDF considers it reasonable due to exceptional circumstances a member may be paid an advance toward the cost of the professional development activity.

4.

A member may use their Defence travel card for travel associated with an approved professional development activity. Any amount of Commonwealth assistance with the travel counts toward the maximum payment amount under clause 3.5.250.

 

 

The purpose of this Division is to offer bonus payments to members to encourage them to complete three years service in certain Army ranks, corps and employment categories. The bonus is intended to reduce shortfalls in critical employment category structures.  Not all members will be invited to join.

 

The following table defines terms that apply in this Division.

 

Term

Definition in this Division

Rank

Substantive rank.

Exception: If a temporary or provisional rank is higher than a member's substantive rank, it is taken to be their rank for the purpose of this Division.

Example: A member is a substantive Corporal and has the provisional rank of Sergeant. For the purpose of this Division they are a Sergeant.

Salary

Salary as provided under DFRT Determination No 15 of 2008, Salaries, as amended from time to time. It does not include Service allowance or other allowances.

Service that counts towards the bonus

See: Clause 3.5.368, Service that counts towards the bonus

Workforce structure shortage

A workforce structure shortage exists when the Chief of Army directs that an employment category needs remedial action. The Chief of Army may consider recruiting, retention, training throughput, strength and future health elements of the employment category.

 

This Division applies to a member who is in a rank and corps combination set out in the following table. 

 

Item

The member's corps is...

and their rank is...

1.

Royal Australian Corps of Signals

Corporal.

2.

Royal Australian Electrical and Mechanical Engineers

3.

Royal Australian Engineers

 

Sergeant or Warrant Officer Class 2.

 

 

This Division ceases to apply to a member in any of the following situations.

 

a.

The member transfers to the Reserves.

 

b.

The member transfers to an employment category that does not have a workforce structure shortage.

 

c.

The member transfers to the Navy or the Air Force.

 

d.

The member transfers out of the corps for which they were made an offer to join the bonus scheme.

1.

The Director General Personnel – Army may offer a completion bonus to a member who meets all of the following conditions on a date set out in subclause 2 (the assessment date).

 

a.

The member is in an employment category with a workforce structure shortage.

 

b.

The member is not serving under a period of formal warning or censure.

 

c.

The member is not classified as medically unfit. In this paragraph medically unfit means the member is not fit to perform their full duties for medical reasons, and is unlikely to recover within 12 months.

 

d.

The member does not have any of the following liabilities.

 

i.

An initial minimum period of service for the purpose of the Defence Personnel Regulations 2002.

 

ii.

A return of service obligation for the purpose of the Defence Personnel Regulations 2002.

 

iii.

An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005.

 

iv.

An undertaking for service for the purpose of another bonus payment under this Part. 

 

v.

Eligible service for the purpose of the Army – 1st Recruit Training Battalion recruit instructors scheme.

 

See: Division 22,  Army – 1st Recruit Training Battalion recruit instructors scheme

 

e.

The member has not voluntarily been reduced in rank in the year before the assessment date.

Authority: Regulation 48 of the Defence (Personnel) Regulations 2002

Example:  On 1 May a member is assessed to see if he is eligible for a bonus. On 15 September the year before the member was voluntarily reduced in rank. The member is not eligible for a bonus offer as the reduction happened less than a year ago.

 

f.

The member has not accepted an offer of a completion bonus under this Division before.


 

Note: Chapter 1 Part 2 Division 2 clause 1.2.11, Member Chapters 1 to 17 apply to, applies to this clause. It operates to limit offers to members on continuous full-time service.  

 

Example: A member is a Sergeant in the Royal Australian Engineers. The Army wants to keep the member to help solve a workforce structure shortage. The member is made an offer of a completion bonus.

 

Non-example: A member is a Corporal in the Royal Australian Corps of Signals.  The member has been told she is being considered for promotion to Sergeant. She asked not to be promoted, as she wanted to be offered the bonus. Director General Personnel – Army chooses not to offer the bonus to the member. He believes the bonus should not be used to prevent normal career progression.

2.

The following table sets out the assessment dates for each corps. To avoid doubt, assessment date for a member may be in any year from 2012 to 2016.

 

Item

A member who is in...

must meet subclause 1 conditions on this assessment date...

but eligibility assessments are not made after...

1.

the Royal Australian Corps of Signals (Group A members)

1 May

1 May 2016.

 

2.

either of the following corps (Group B members)

1 August

1 August 2016.

a.

Royal Australian Electrical and Mechanical Engineers.

b.

Royal Australian Engineers.

 

3.

The offer must be made using the form at Part A to Annex 3.5.ZM.

See: Annex 3.5.ZM, Army – targeted rank and employment category completion bonus

4.

The offer must be for a period of three years' service that counts towards the bonus.

1.

In order to accept an offer of a bonus a member must respond by the date specified in the offer.

Exception: Director General Personnel – Army may decide that a later date of acceptance is reasonable, having regard to the member's circumstances.

2.

The member may choose to reject an offer made under clause 3.5.365.

See: Clause 3.5.365, Offer to join the bonus scheme  

3.

A member must take both the following actions to accept an offer.

 

a.

Accept the offer using the acceptance form at Part B to Annex 3.5.ZM.

See: Annex 3.5.ZM, Army – targeted rank and employment category completion bonus

 

b.

Elect how the benefit is to be paid, using the form at Annex 3.5.ZN.

See: Annex 3.5.ZN, Bonus payment election


4.

The acceptance must include an undertaking to serve for three years of service that counts towards the bonus.

5.

This subclause applies to a member described in the following table. The member's acceptance is not effective unless the member also fulfils the additional requirement described in the table.

 

Item

Member

Additional requirement

1.

Reserve member on continuous full-time service

That the member is transferred to the Australian Regular Army.

2.

Member who will reach their compulsory retirement age before the date three years from the commencement date specified in the offer.

That the member's compulsory retirement age is extended to a day at least three years from the commencement date specified in the offer.

3.

Member on fixed period of enlistment that is due to end before the date three years from the commencement date specified in the offer.

That the member has either of the following outcomes.

a.

Their enlistment is converted to enlistment for an indefinite period.

b.

Their fixed period of enlistment is extended to at least the date three years from the commencement date specified in the offer.

4.

Member who has applied to resign in less than three years, and whose application was granted.

That both of the following events occur.

a.

The member applies to withdraw their application to resign.

b.

The member's withdrawal is accepted.

1.

The member's three years of service starts on the commencement day specified in the offer.

Examples: 1 June, 1 September

2.

The three years of service must be service that counts towards the bonus. This may be broken by service that does not count towards the bonus.

Example: A member joins the scheme. Two years after joining, the member takes two weeks of leave without pay. Leave without pay does not count towards the bonus. The member takes three years and two weeks to get their completion bonus.

3.

A member who meets all the following conditions after they accept an offer of a bonus remains eligible to provide service that counts towards that bonus.

 

a.

The member is promoted.

 

b.

The member is in an employment category with a workforce structure shortage.

 

c.

The member remains in a corps described in the table in subclause 3.5.363.

See: Subclause 3.5.363, Member this Division applies to  

 

Related Information: Clause 3.5.364, Member this Division does not apply to

 

1.

To count towards the bonus, service must meet all the following conditions.

 

a.

It is continuous full-time service.

 

b.

It is paid.

 

c.

It is in a corps listed in the table in subclause 3.5.363.

See: Subclause 3.5.363, Member this Division applies to  

 

d.

It is not excluded from counting towards the bonus by subclause 2.

2.

The following table lists a range of leave types and activities and sets out how that service counts towards the bonus.

 

Item

Activity

Effect

 

Leave and absence

 

Specific period

Effect

1.

Paid leave

 

Exceptions: Short absence, medical absence.

 

Examples: Recreation leave, paid maternity leave, long service leave at full pay, long service leave at half pay.

First six weeks of paid leave in a leave year. The leave is cumulative.

Counts towards the bonus.

Paid leave after six weeks in a leave year.

Does not count towards the bonus.

Example: A member has four weeks of paid leave in March. In May the member has three more weeks of paid leave. The first six weeks of the member's leave counts towards the bonus. The last week does not count towards the bonus.

 

2.

Part-time leave without pay

Only the paid component counts toward the bonus.

3.

Short absence

Counts towards the bonus.

 

 

Specific period

Effect

4.

Medical absence

First 28 days of any medical absence.

Counts towards the bonus.

Period of absence after 28 days.

Does not count towards the bonus.

5.

Unpaid leave

 

Examples: Leave without pay, maternity leave without pay.

Does not count towards the bonus.

6.

Absence without leave

 

Other commitments

7.

A period when the member is serving an undertaking for service for the purpose of another bonus payment under this Part. 

 

The period only counts toward the earlier undertaking.

 

 

 


Item

Activity

Effect

 

Other commitments

8.

A period when the member is performing eligible service for the purpose of the Army – 1st Recruit Training Battalion recruit instructors

scheme.

 

See: Division 22,  Army – 1st Recruit Training Battalion recruit instructors scheme

Does not count towards the bonus.

 

9.

A period when the member is serving a return of service obligation for the purpose of the Defence Personnel Regulations 2002.

 

Administrative sanctions

10.

A period when the member is serving under a formal warning or censure.

Does not count towards the bonus.

 

Not performing employment category duties 

11.

A period for which the Director General Personnel – Army determines the member is not performing the duties of the employment category for which the bonus was offered.

 

Example: A member is given duties at another location for compassionate reasons. These duties do not relate to the member's trade. Director General Personnel – Army determines the member is not performing the duties of the member's employment category.

Does not count towards the bonus.

12.

A period when the member is reduced to a rank lower than that for which the bonus offer was made.

13.

Imprisonment, detention or suspension from duty without pay.

 

1.

The completion bonus is paid at the end of three years of service that counts towards the bonus.

Note: Paragraph 3.5.365.1.f operates to ensure the bonus may only be paid to a member once.

2.

The amount of the bonus is the greater of the following amounts.

 

a.

The member's salary for rank, pay grade and increment at the time the offer is made.

 

b.

The member's salary for rank, pay grade and increment at the end of three years of service that counts towards the bonus.

 

Example: A Corporal joins the scheme. Two years later the member is promoted to Sergeant. At the end of three years of service that counts towards the bonus the member is entitled to be paid a bonus equivalent to their current Sergeant salary. That salary reflects their current rank and pay grade.

3.

A member who meets both the following conditions is not entitled to a bonus under this Division.

 

a.

The member is performing service that counts towards a bonus under this Division.

 

b.

The member  makes an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 (as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005).

 

Example: A Sergeant joins this bonus scheme. Two years later the member becomes eligible for the MSBS retention benefit. The member makes an undertaking for further service under that scheme. The member has no entitlement to a partial benefit under this bonus scheme, and will not get a full benefit under this scheme for serving for three years.

 

A member is to be paid a partial payment if they fail to complete three years of service that counts towards the bonus for any of the following reasons.

 

a.

The Director General Personnel – Army determines that the member's reason for ceasing to serve is beyond the member's control.

 

 

Non-examples:

1. A member resigns to take up other employment. The Director General Personnel – Army determines that the resignation is within the member's control. The member is not entitled to a partial payment.

2. A member is terminated for absence without leave. The Director General Personnel – Army determines that the reason for termination is within the member's control. The member is not entitled to a partial payment.

 

b.

The member is terminated because they are medically unfit.

Authority: Paragraph 87(1)(c) of the Defence (Personnel) Regulations 2002.

 

c.

The member dies.

 

d.

The member is commissioned as an officer.

 

e.

The member has not completed three years of service that counts towards the bonus by 31 August 2019.

 

The following table shows how to calculate a partial completion bonus that a member is entitled to under clause 3.5.370. 

See: Clause 3.5.370, Partial payment of bonus

 

Step

Action

1.

Count the number of calendar days since the member's undertaking to serve started. This is the day specified in the member's offer.

2.

Subtract the number of days of service that do not count towards the bonus from the outcome of Step 1.

3.

Divide the outcome of Step 2 by 1095. If the period includes 29 February, divide by 1096.

4.

Find the member's salary at the time the offer was made, and the member's salary at the time of becoming eligible for the partial bonus. Do not include allowances.

 

Determine which rate is higher.

5.

Multiply the outcome of Step 3 by the outcome of Step 4. 

6.

The member may be paid the outcome of Step 5.

 

 

Example: A member joins the scheme, and their service period starts on 1 September 2012. The member's last day in the scheme is 12 November 2013. It is determined the reason for leaving is beyond the member's control. The member's salary at the time of leaving the scheme is $65,000 and they had no days that did not count towards the bonus. When they joined the scheme their salary was $63,000. The member's partial bonus payment is calculated as follows.

 

Step

Action

1.

There have been 438 days since the member's undertaking to serve started.

2.

The member had no days of service that did not count towards the bonus.

 

438 – 0 = 438 days

3.

438 divided by 1095 = 0.4

4.

The member joined the scheme with a salary of $63,000. The salary is $65,000 at the time of becoming eligible for the partial bonus.

 

The higher of the salaries is $65,000.

5.

$65,000 multiplied by 0.4 = $26,000.

6.

The member may be paid $26,000.

 

This Division will cease to have effect on 1 September 2019.

 

 

This Annex is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of eligible members and employment categories for payment of the Military Superannuation and Benefits Scheme retention benefit authorised under Part 8 of the Military Superannuation and Benefits Act 1991.

 

This form is in two parts.

Part A – provides information about the offer and the bonus scheme, and is for you to keep.

Part B – your formal acceptance of the offer and your agreement to serve for an agreed period of between one and three years.

 

You must also complete Annex 3.5.ZN, Bonus payment election, to advise how the bonus is to be paid.

 

Part A: Offer and information about the retention bonus scheme

This Part provides information about the retention bonus you have been offered, and is for you to keep.

If you fill in and sign the acceptance form, you are accepting an offer made to you under the retention bonus scheme authorised under Chapter 3 Part 5 Division 2 of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 ('the Determination').

 

Offer

The offer made is as follows:

 

 

...........................................................................................................................[member's name] is hereby offered a bonus by Director General Navy People/Director General Personnel – Army/Director General Personnel – Air Force [delete whichever is irrelevant]. 

 

The bonus offered is an amount of $................................which has been approved by Chief of Navy/Chief of Army/Chief of Air Force [delete whichever is irrelevant].

 

If the offer is accepted, the member must perform a period of ........................................................... service [period between one and three years] (the 'agreed period of service'), in the following position, employment category or specialisation:

 

..................................................................................................................................................................

 

Signed this day by:

 

 

 

 

 

Name:........................................................................Rank:............................................................................

Director General Navy People/Director General Personnel – Army/Director General Personnel – Air Force [delete whichever is irrelevant]. 

 


Information about the retention bonus scheme

I understand that my acceptance of this retention bonus is subject to the following terms and conditions.

1.

I hold a position, employment category or primary qualification for which I have been offered a bonus under this Division.

2.

I cannot agree a period of service for the purpose of this bonus if it is longer than I have to serve, unless I also apply to extend my fixed period of service or my compulsory retirement age.

3.

On joining the scheme, I will be paid the amount of retention bonus that was offered to me.

4.

If I accept the offer of a retention bonus under this Division, I must serve the period specified in the offer. This period is called my 'agreed period of effective service' and I must serve it in the position, employment category or specialisation for which the bonus was offered to me.

5.

If I leave the position, employment category or primary qualification for which the bonus was offered to me by my Service for a reason within my control, I will have to repay the full amount of the bonus.

6.

I may not be asked to repay part of the bonus if I do not complete the agreed period of service for a reason beyond my control. Examples are if I transfer out of the trade, employment category or specialisation I am in for Service reasons; reach the end of a fixed period of service; am discharged for medical reasons; or die.

7.

If I start to serve an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 (as preserved by item 4 of Schedule 4 of the Defence Legislation Amendment Act (No. 1) 2005) ('an MSBS undertaking') before I finish the retention bonus, I may not finish my agreed period of service for the retention bonus until after I have completed the MSBS undertaking.

8.

If I start to serve a return of service (ROSO) or other undertaking for further service after I have accepted the offer of a retention bonus, I will have to complete my agreed period of service after I finish my ROSO or undertaking for further service.

9.

I must also elect how the money is to be paid. It may be paid into my bank or superannuation accounts.

See: Annex 3.5.ZN, Bonus payment election

10.

Effective service for the retention bonus is continuous full-time service for which salary is paid. Leave or other events may not be effective service and may reduce my amount of retention bonus. The table in subclause 3.5.21.3 of the Determination shows what counts as effective service.

11.

If I am already in another bonus scheme under the Determination, I may be paid out of that scheme on a pro rata basis or serve my agreed period of service under this bonus after I complete my service undertaking for the earlier bonus.

Full details of the completion bonus scheme are contained in Chapter 3 Part 5 Division 2 of Defence Determination 2005/15, Conditions of Service.

 

This acceptance form, and the related parts of Defence Determination 2005/15, is the whole agreement between the Commonwealth and me about the nature of this scheme. It overrides any other prior understanding or agreement about the scheme. This would include, for instance, things I may have been told about the scheme or things I may have read elsewhere.


Privacy notice  

This information is being collected by the Department of Defence.

You may request access to or correction of personal information held about you in relation to this scheme by contacting the Defence Service Centre on 1800 333 362 or emailing dsc@defence.gov.au

If you have concerns about the handling of your personal information, you should raise your concerns with the Defence Service Centre in the first instance, or contact the Defence Privacy Officer at defence.privacy@defence.gov.au.

Defence collects your personal information provided under this form for the primary purpose of assessing eligibility for a retention and completion benefit, and administering it. The Department of Defence may also use your personal information to conduct investigations or inquiries and to take administrative or disciplinary action relating to the making of false claims for the benefit.

Defence may disclose personal information about you relating to this scheme to Commonwealth Superannuation Corporation, the Commonwealth Superannuation Corporation, the Australian Taxation Office and Smartsalary.

Your information is collected under Chapter 3 Part 5 Division 2 of Defence Determination 2005/15, Conditions of Service. You do not have to provide the information. However, if you do not provide the information, Defence will not be able to see if you are eligible for the benefit, or administer it.

Information disclosed to Smartsalary may be held on Smartsalary servers located in Japan and the United States of America.  

Further information is provided in the Defence Privacy Policy, which is available on the internet at www.defence.gov.au/ComplaintResolution/privacy.asp. This contains information on how an individual may apply for access to their personal information and how an individual may apply to have their personal information amended. It also contains information for individuals on how to make a privacy complaint to Defence if they consider Defence may have breached the Australian Privacy Principles.

 


Part B: Acceptance of offer and undertaking to serve an agreed period for a retention bonus

 

I,

……………………………………

……………………………………

(Rank)

(Last name)

(Given name)

……………………………………..........

……………………………………

,

(Service number)

(Employee ID)

 

accept the offer to join the retention bonus scheme.

 

The amount of the bonus offered to me is $..........................................................................................

I agree to serve in the Permanent Forces/perform continuous full-time service as a member of the Reserves for:

............................... of effective service (time period of between one and three years)

in the following position/employment category/specialisation (delete the descriptors that do not uly):

 

.................................................................................................................................................................

 

I acknowledge that the provisions of Chapter 3 Part 5 Division 2 of Defence Determination 2005/15, Conditions of Service ('the Determination'), have been brought to my notice.

Please tick the boxes that apply below.

 

I have read and understood Part A of this form.

 

Yes  [   ]

No  [   ]

I have sought independent legal advice in relation to this undertaking.

 

Yes  [   ]

No  [   ]

I have sought independent financial advice in relation to this undertaking.

 

Yes  [   ]

No  [   ]

I have completed the options for payment (see Annex 3.5.ZN, Bonus payment election.)

 

Yes  [   ]

No  [   ]

[   ]

This is my first acceptance of a place in the scheme.

[   ]

I am not currently in receipt of any other retention or completion bonus.

[   ]

I elect to be paid out of the following retention or completion bonus on a pro rata basis so as to commence my agreed period of service under this bonus scheme:

(List other bonus scheme)...............................................................................................................

[   ]

I am required to serve under these other bonus schemes before I serve my agreed period of service for this bonus:

(List any other bonus schemes)...............................................................................................................


Dated this

day of

 

20

 

 

 

 

 

 

Signed

 

Printed name

 

 

Witness

(This person must be above the applicant in the chain of command)

 

 

 

 

 

Signed

 

Printed name and rank

 

 

 

I,

……………………………

……………………………

……………………………

……………………………

(Rank)

(Last name)

(Given name)

(Employee ID)

 

verify that the member has met all requirements for payment of the retention bonus.

 

 

 

Approved                               

 

Administrator authorised for and on behalf of the member's Service

 

 

This Part applies to a member who is a medical officer or dental officer.

 

Column 1


Required period of effective service for offers made in the specified calendar year

Column 2


Prescribed amount

$

1998

3 years

 

90,000

1999

3 years

 

90,000

 

1.

This Annex applies to a member in the Submarine Arm of the Navy if:

 

a.

the member holds the substantive rank of Commander or lower on the day the member acknowledges an offer; and

 

b.

the member has a continuing liability for a sea or shore posting in the Submarine Arm; and

 

c.

subject to subclause 3 — the member meets the medical fitness standards for sea duty on a submarine; and

 

d.

any of the following subparagraphs apply in relation to the member:

 

i.

the member has completed Collins Class submarine conversion training and has occupied a sea or shore posting in the Submarine Arm at any time since the end of 31 December 1996;

 

ii.

the member has completed Collins Class submarine initial training and is qualified to occupy (but has not occupied) such a posting;

 

iii.

the member is not qualified to occupy such a posting and begins Collins Class submarine initial training by the end of 31 December 1999;

 

iv.

the member is qualified to be posted to an Oberon Class submarine and has volunteered to undertake Collins Class submarine conversion training;

 

v.

the CDF certifies that the member has demonstrated a high level of performance in a submarine crew or support capacity, and that the member’s retention is essential to fill certain critical postings in the Submarine Arm.

2.

In order to be entitled to the completion bonus offered, a member mentioned in subparagraph 1.d.iii or iv must complete Collins Class submarine initial or conversion training, as the case requires, during the required period of effective service, unless the CDF certifies that the member is unable to complete the training because of the exigencies of the Service.

3.

A member to whom subparagraph 1.d.v applies is not required to meet medical fitness standards higher than the standards for a shore posting in the Submarine Arm.

 

An offer must be acknowledged by the end of 31 December 1999.

 

The required period of effective service begins on:

 

a.

for a member mentioned in subparagraph 2.1.d.iii — the day the member qualifies for the Submarine Sea Qualification; and

 

b.

otherwise — 1 January 2000.

 

 

Column 1

Required period of effective service

Column 2

Prescribed amount

$

2 years

35,000

 

This form is in two parts.

Part A – provides information about the offer and the bonus scheme, and is for you to keep.

Part B – your formal acceptance of the offer and your agreement to serve for an agreed period of between one and five years.

 

You must also complete Annex 3.5.ZN, Bonus payment election, to advise how the bonus is to be paid.

 

Part A: ADF offer

I am offering you entry to the Navy Electronics Technical junior sailor completion bonus scheme. This is authorised under Chapter 3 Part 5 Division 4A of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903. The offer will only be made once.

1.

You elect to serve in the Electronics Technical category for between one and five years. This may be called your required period of effective service.

 

2.

You will be paid a $5,000 acceptance payment on electing to join the scheme.

 

3.

You will be paid a $5,000 yearly completion bonus on your first anniversary of joining the scheme. If you had service that was not effective service in that year, this amount will be reduced or the period you must serve will be extended.

 

4.

You will be paid a $10,000 yearly completion bonus on your second and later anniversaries of joining the scheme. If you had service that was not effective service in those years, this amount will be reduced or the period you must serve will be extended.

 

5.

The yearly completion bonuses will be paid for the number of years you provide effective service under the scheme. For example, if you elected to serve for four years, you will be paid four yearly completion bonuses.

 

6.

Yearly completion bonuses will not be paid after you leave the Electronics Technical category, or become a commissioned officer. If you resign your commission special arrangements apply.

 

7.

You will be paid a part payment should you be retrenched, have to leave the Electronics Technical category because you are discharged for medical reasons, become a commissioned officer or should you die.

 

8.

I must also elect how the money is to be paid. It may be paid into my bank or superannuation accounts.

See: Annex 3.5.ZN, Bonus payment election

 

9.

You are strongly advised to seek professional financial advice about this decision. ADF members are not qualified to provide this advice.

 

10.

If you wish to accept this offer you have four weeks from the date you receive the offer to sign the form at Part B. If you are deployed, you have six months from the date you receive the offer (see clause 3.5.39F of the Determination).

 

 


Effective service for the purposes of this offer is defined as continuous full time service for which salary is paid. It does not include these periods.

 

Activity

Effect

Part time leave without pay

The unpaid component of a part-time leave without pay working pattern will reduce your yearly completion bonus.

Unpaid leave for 21 days or more

Will extend the period of time you must serve.

 

Absence without leave

Imprisonment, detention or suspension from duty without pay

Leave at half pay

Half the period of the leave will reduce your yearly completion bonus.

An undertaking for further service, under the Military Superannuation and Benefits Act 1991 or another arrangement.

This period is not effective service, and will extend the period you must serve.

A period when you are discharging another return of service obligation. There are limited exceptions.

 

Full details of the completion bonus scheme are contained in Chapter 3 Part 5 Division 4A of Defence Determination 2005/15, Conditions of Service.

 

This offer, and the related parts of Defence Determination 2005/15, are the whole agreement between the Commonwealth and you about the nature of this scheme. It overrides any other prior understanding or agreement about the scheme. This would include, for instance, things you may have been told about the scheme or things you may have read elsewhere.

 

Signed for and on behalf of the CDF

 

...........................................                     ..................................................................

(Signature)                                                            (Date)

 

Printed name.............................................................................................................................

Rank..........................................................................................................................................


Privacy notice  

This information is being collected by the Department of Defence.

You may request access to or correction of personal information held about you in relation to this scheme by contacting the Defence Service Centre on 1800 333 362 or emailing dsc@defence.gov.au

If you have concerns about the handling of your personal information, you should raise your concerns with the Defence Service Centre in the first instance, or contact the Defence Privacy Officer at defence.privacy@defence.gov.au.

Defence collects your personal information provided under this form for the primary purpose of assessing eligibility for a retention and completion benefit, and administering it. The Department of Defence may also use your personal information to conduct investigations or inquiries and to take administrative or disciplinary action relating to the making of false claims for the benefit.

Defence may disclose personal information about you relating to this scheme to Commonwealth Superannuation Corporation, the Commonwealth Superannuation Corporation, the Australian Taxation Office and Smartsalary.

Your information is collected under Chapter 3 Part 5 Division 4A of Defence Determination 2005/15, Conditions of Service. You do not have to provide the information. However, if you do not provide the information, Defence will not be able to see if you are eligible for the benefit, or administer it.

Information disclosed to Smartsalary may be held on Smartsalary servers located in Japan and the United States of America.  

Further information is provided in the Defence Privacy Policy, which is available on the internet at www.defence.gov.au/ComplaintResolution/privacy.asp. This contains information on how an individual may apply for access to their personal information and how an individual may apply to have their personal information amended. It also contains information for individuals on how to make a privacy complaint to Defence if they consider Defence may have breached the Australian Privacy Principles.


Part B: Acknowledgment and undertaking to serve form

 

I, ………………………………………………………………………............................................,

                (Rank)                             (Name)                      (Service number)

accept the offer to serve in the Electronics Technical employment category and to join the Navy Electronics Technical (junior sailor) completion bonus scheme. 

 

I agree to serve for ..................... years.

                       (insert whole number, between one and five)

 

 

I acknowledge that the provisions of Chapter 3 Part 5 Division 4A of Defence Determination 2005/15, Conditions of Service, have been brought to my notice.

 

I acknowledge that the required period of effective service will be suspended during any periods that are not effective service as defined in clause 3.5.39B of the Determination.

 

I acknowledge that I will not be paid yearly completion bonuses unless I stay in the Electronics Technical employment category.

 

I have/have not* sought independent legal advice in relation to this undertaking.

I have/have not* sought independent financial advice in relation to this undertaking.

I have completed the options for payment (Annex 3.5.ZN).

 

Dated this

day of

 

20

 

 

 

 

 

 

Signed

 

Printed name

 

 

 

 

 

 

Signed (witness)

 

Printed name (witness)

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

Occupation

 

 

 

 

Date

 

 

 

 

I approve this application under Chapter 3 Part 5 Division 4A of Defence Determination 2005/15, Conditions of Service.

 

 

 

 

Authorised person
for and on behalf of
the Chief of the Defence Force

 

 

 

Send the completed forms to the Directorate of Sailors' Career Management

Attention: Promotion PO

This form is in three parts.

Part A – provides information about the offer and the bonus scheme, and is for you to keep.

Part B – your formal acceptance of the offer and your agreement to serve for an agreed period.

Part D – to be completed if you are seeking an offer or adjustment to previous payments.

 

You must also complete Annex 3.5.ZN, Bonus payment election, to advise how the bonus is to be paid.

 

Part A: ADF offer

Under Chapter 3 Part 5 Division 5A of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 (the Determination), I am authorised to offer you a Navy Marine Technical or Electronics Technical retention bonus of $ ..............................................................

In accepting the offer, you are agreeing to serve for .............................................................................

The retention bonus scheme has these features.

1.

You will serve in the Marine Technical or Electronics Technical category for the period of the offer.

2.

The amount of bonus you are paid depends on your rank and qualifications, outlined in the Determination.

3.

The retention bonus will not be paid after you leave the Marine Technical or Electronics Technical category or leave the ADF. If you do these things you will have to repay a part of your bonus.

4.

You will not have to repay an amount should you be retrenched, have to leave the Marine Technical or Electronics Technical category because you are discharged for medical reasons or transferred out for Service reasons, or should you die.

5.

You must elect how the money is to be paid. It may be paid into your bank or superannuation accounts.

See: Annex 3.5.ZN, Bonus payment election

6.

If you wish to accept this offer you have four weeks from the date you receive the offer to sign the form at Part B. If you are deployed, you have six months from the date you receive the offer (see clause 3.5.44F of the Determination).

 


If you have periods that are not effective service, the period you must serve may be extended. "Effective service" is defined as continuous full time service which is paid. It does not include these periods.

Activity

Effect

Part time leave without pay

The unpaid component of a part-time leave without pay working pattern will reduce your yearly bonus.

Unpaid leave for 21 calendar days or more

Will extend the period of time you must serve.

 

Absence without leave

Imprisonment, detention or suspension from duty without pay

Leave at half pay

Half the period of the leave will reduce your yearly bonus.

An undertaking for further service, under the Military Superannuation and Benefits Act 1991 or another arrangement.

This period is not effective service, and will extend the period you must serve.

A period when you are discharging another return of service obligation. There are limited exceptions.

 

Full details of the retention bonus are contained in Chapter 3 Part 5 Division 5A of Defence Determination 2005/15, Conditions of Service.

 

All members are strongly advised to seek independent legal and financial advice when making this decision. ADF members are not qualified to provide this advice.

This offer, and the related parts of Defence Determination 2005/15, are the whole agreement between the Commonwealth and you about the nature of this scheme. It overrides any other prior understanding or agreement about the scheme. This would include, for instance, things you may have been told about the scheme or things you may have read elsewhere.

 

 

 

.........................................................................

(for and on behalf of
the Chief of the Defence Force)

 

Printed name............................................................

Rank.........................................................................

Date..........................................................................


Privacy notice  

This information is being collected by the Department of Defence.

You may request access to or correction of personal information held about you in relation to this scheme by contacting the Defence Service Centre on 1800 333 362 or emailing dsc@defence.gov.au

If you have concerns about the handling of your personal information, you should raise your concerns with the Defence Service Centre in the first instance, or contact the Defence Privacy Officer at defence.privacy@defence.gov.au.

Defence collects your personal information provided under this form for the primary purpose of assessing eligibility for a retention and completion benefit, and administering it. The Department of Defence may also use your personal information to conduct investigations or inquiries and to take administrative or disciplinary action relating to the making of false claims for the benefit.

Defence may disclose personal information about you relating to this scheme to Commonwealth Superannuation Corporation, the Commonwealth Superannuation Corporation, the Australian Taxation Office and Smartsalary.

Your information is collected under Chapter 3 Part 5 Division 5A of Defence Determination 2005/15, Conditions of Service. You do not have to provide the information. However, if you do not provide the information, Defence will not be able to see if you are eligible for the benefit, or administer it.

Information disclosed to Smartsalary may be held on Smartsalary servers located in Japan and the United States of America.  

Further information is provided in the Defence Privacy Policy, which is available on the internet at www.defence.gov.au/ComplaintResolution/privacy.asp. This contains information on how an individual may apply for access to their personal information and how an individual may apply to have their personal information amended. It also contains information for individuals on how to make a privacy complaint to Defence if they consider Defence may have breached the Australian Privacy Principles.

 

 


Part B: Acknowledgment and undertaking to serve form

 

I, ………………………………………………………………………............................................,

                (Rank)                             (Name)                      (Service number)

 

accept the offer to serve in the Marine Technical or Electronics Technical employment category and to join the Marine Technical or Electronics Technical (sailors) retention bonus scheme. 

 

I agree to serve for the period stated in the offer.

 

I acknowledge that the provisions of Chapter 3 Part 5 Division 5A of Defence Determination 2005/15, Conditions of Service, have been brought to my notice.

 

I acknowledge that the required period of effective service will be suspended during any periods that are not effective service as defined in the Determination.

 

I acknowledge that I will be required to repay part of the retention bonus in the circumstances outlined in the Determination.

 

I have/have not* sought independent legal advice in relation to this undertaking.

I have/have not* sought independent financial advice in relation to this undertaking.

 

Dated this

day of

 

20

 

 

 

 

 

 

Signed

 

Printed name

 

 

 

 

 

 

Signed (witness)

 

Printed name (witness)

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

Occupation

 

 

 

 

Date

 

 

 

 

I approve this application under Chapter 3 Part 5 Division 5A of Defence Determination 2005/15, Conditions of Service.

 

 

 

 

Authorised person
for and on behalf of
the Chief of the Defence Force

 

 

 

 

 

 

(Note: There is no Part C of this form.)

Send the completed forms to the Directorate of Sailors' Career Management

Attention: Promotion PO 3. 


Part D: Application

 

Members who are eligible for a benefit will be automatically made an offer, to start on 1 November each year.  In certain circumstances, out of session offers will need to be made. Members seeking an offer or adjustment to previous payments should complete this application form and send it to the Directorate of Sailors' Career Management, Attention: Promotion PO 3.

 

I am seeking an offer under Chapter 3 Part 5 Division 5A of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 for a Navy Marine Technical or Electronics Technical Sailor Retention Bonus. This is because:

 

[    ]

I have gained an initial qualification

(Marine Technical sailors only)

Marine Systems Controller Certificate or Machinery Watchkeeping Certificate gained on

 _____________ (date)

The qualification must be recorded in PMKeyS.

[    ]

I have gained a higher qualification

I gained the higher qualification on

_____________ (date)

It is a:

[    ]  Marine Systems Manager Certificate

[    ]  Engine Room Watchkeeping Certificate Common

[    ]  Marine Technical Charge Certificate

[    ]  Electronics Technical Certificate of Competence

The qualification must be recorded in PMKeyS.

[    ]

I have been promoted to Petty Officer

(Electronics Technical sailors only)

I am not under an obligation to serve due to payment of an Electronics Technical (junior sailor) retention bonus.

[    ]

Other

Provide reason for application:

 

 

 

 


 

 

...............................................................

(Signature of member)

 

 

 

 

...........................................

(Signature of Divisional Officer)

 

 

Printed name.............................................

 

Printed name.............................................

 

Rank..........................................................

 

Rank..........................................................

 

No. ………….............................................

 

No. ………….............................................

 

Date..........................................................

 

Date..........................................................

 

[    ] I have confirmed that the qualification is entered into PMKeyS.

 

Annex 3.5.L: ...

This form is in two parts.

Part A – provides information about the offer and the bonus scheme, and is for you to keep.

Part B – your formal acceptance of the offer and your agreement to serve for an agreed period of up to two years.

 

You must also complete Annex 3.5.ZN, Bonus payment election, to advise how the bonus is to be paid.

 

Part A: Offer and information about the retention bonus scheme

This Part provides information about the retention bonus you have been offered, and is for you to keep.

If you fill in and sign the acceptance form and the form in Annex 3.5.ZN, you are accepting an offer made to you under the Navy – Individuals critical to Navy capability retention bonus authorised under Chapter 3 Part 5 Division 21 of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 ('the Determination').

 

Offer

The offer made is as follows:

 

 

...........................................................................................................................[member's name] is hereby offered a bonus by Director Navy People Career Management Agency/Deputy Director Navy People Career Management Agency [delete whichever is irrelevant]. 

 

The bonus offered is an amount of $................................which has been approved by the Director General Navy People.

 

If the offer is accepted, the member must perform a period of

 

..................................................................................................service (the 'agreed period of service') in the following position, employment category or primary qualification:

 

..................................................................................................................................................................

 

Signed this day by:

 

 

 

 

 

Name:........................................................................Rank:............................................................................

Director Navy People Career Management Agency/Deputy Director Navy People Career Management Agency [delete whichever is irrelevant]. 

 


Information about the retention bonus scheme

I understand that my acceptance of this retention bonus is subject to the following terms and conditions.

1.

I hold a position, employment category, primary qualification or skill set for which I have been offered a bonus under this Division.

2.

I cannot agree a period of service for the purpose of this bonus if it is longer than I have to serve, unless I also apply to extend my fixed period of service or my compulsory retirement age.

3.

On joining the scheme, I will be paid the amount of retention bonus that was offered to me.

4.

If I accept the offer of a retention bonus under this Division, I must serve the period specified in the offer. This period is called my 'agreed period of effective service' and I must serve it in the position, employment category or primary qualification for which the bonus was offered to me.

5.

If I leave the position, employment category or primary qualification for which the bonus was offered to me by Navy for a reason within my control, I may have to repay a part of the bonus.

6.

I may not be asked to repay part of the bonus if I do not complete the agreed period of service for a reason beyond my control. Examples are if I transfer out of the trade, employment category or primary qualification I am in for Service reasons; am retrenched or made redundant; reach the end of a fixed period of service or compulsory retirement age; am discharged for medical reasons; or die.

7.

If I start to serve an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 (as preserved by item 4 of Schedule 4 of the Defence Legislation Amendment Act (No. 1) 2005) ('an MSBS undertaking') before I finish the retention bonus, I may not finish my agreed period of service for the retention bonus until after I have completed the MSBS undertaking.

8.

If I start to serve a return of service (ROSO) or other undertaking for further service after I have accepted the offer of a retention bonus, I will have to complete my agreed period of service after I finish my ROSO or undertaking for further service.

9.

I must also elect how the money is to be paid. It may be paid into my bank or superannuation accounts.

See: Annex 3.5.ZN, Bonus payment election

10.

Effective service for the retention bonus is continuous full-time service for which salary is paid. Leave or other events may not be effective service and may reduce my amount of retention bonus. The table in subclause 3.5.209.3 of the Determination shows what counts as effective service.

11.

If I am already in another bonus scheme under the Determination, I may be paid out of that scheme on a pro rata basis or serve my agreed period of service under this bonus after I complete my service undertaking for the earlier bonus.

Full details of the completion bonus scheme are contained in Chapter 3 Part 5 Division 21 of Defence Determination 2005/15, Conditions of Service.

 

This acceptance form, and the related parts of Defence Determination 2005/15, is the whole agreement between the Commonwealth and me about the nature of this scheme. It overrides any other prior understanding or agreement about the scheme. This would include, for instance, things I may have been told about the scheme or things I may have read elsewhere.


Privacy notice  

This information is being collected by the Department of Defence.

You may request access to or correction of personal information held about you in relation to this scheme by contacting the Defence Service Centre on 1800 333 362 or emailing dsc@defence.gov.au

If you have concerns about the handling of your personal information, you should raise your concerns with the Defence Service Centre in the first instance, or contact the Defence Privacy Officer at defence.privacy@defence.gov.au.

Defence collects your personal information provided under this form for the primary purpose of assessing eligibility for a retention and completion benefit, and administering it. The Department of Defence may also use your personal information to conduct investigations or inquiries and to take administrative or disciplinary action relating to the making of false claims for the benefit.

Defence may disclose personal information about you relating to this scheme to Commonwealth Superannuation Corporation, the Commonwealth Superannuation Corporation, the Australian Taxation Office and Smartsalary.

Your information is collected under Chapter 3 Part 5 Division 21 of Defence Determination 2005/15, Conditions of Service. You do not have to provide the information. However, if you do not provide the information, Defence will not be able to see if you are eligible for the benefit, or administer it.

Information disclosed to Smartsalary may be held on Smartsalary servers located in Japan and the United States of America.  

Further information is provided in the Defence Privacy Policy, which is available on the internet at www.defence.gov.au/ComplaintResolution/privacy.asp. This contains information on how an individual may apply for access to their personal information and how an individual may apply to have their personal information amended. It also contains information for individuals on how to make a privacy complaint to Defence if they consider Defence may have breached the Australian Privacy Principles.

 


Part B: Acceptance of offer and undertaking to serve an agreed period for a retention bonus

I,......

……………………………………

……………………………………

……………………………………

(Rank)

(Last name)

(Given name)

……………………………………..........

……………………………………

,

(Service number)

(Employee ID)

 

accept the offer to join the Navy – Individuals critical to Navy capability retention bonus scheme.

 

The amount of the bonus offered to me is $..........................................................................................

I agree to serve in the Permanent Navy/perform continuous full-time service as a member of the Navy Reserve for:

...............................year/s and...........................months of effective service (time period of up to two years)

in the following position/employment category/primary qualification (delete the descriptors that do not apply):

 

.................................................................................................................................................................

 

I acknowledge that the provisions of Chapter 3 Part 5 Division 21 of Defence Determination 2005/15, Conditions of Service ('the Determination'), have been brought to my notice.

Please tick the boxes that apply below.

 

I have read and understood Part A of this form.

 

Yes  [   ]

No  [   ]

I have sought independent legal advice in relation to this undertaking.

 

Yes  [   ]

No  [   ]

I have sought independent financial advice in relation to this undertaking.

 

Yes  [   ]

No  [   ]

I have completed the options for payment (see Annex 3.5.ZN, Bonus payment election.)

 

Yes  [   ]

No  [   ]

I have applied to extend my fixed period of service, or have sought extension of my compulsory retirement age beyond the period of service required for the bonus.

Yes  [   ]

No  [   ]

[   ]

This is my first acceptance of a place in the scheme.

[   ]

I am not currently in receipt of any other retention or completion bonus.

[   ]

I elect to be paid out of the following retention or completion bonus on a pro rata basis so as to commence my agreed period of service under this bonus scheme:

(List other bonus scheme)...............................................................................................................

[   ]

I am required to serve under these other bonus schemes before I serve my agreed period of service for this bonus:

(List any other bonus schemes)...............................................................................................................


Dated this

day of

 

20

 

 

 

 

 

 

Signed

 

Printed name

 

 

Witness

(This person must be above the applicant in the chain of command)

 

 

 

 

 

Signed

 

Printed name and rank

 

 

 

I,

……………………………

……………………………

……………………………

……………………………

(Rank)

(Last name)

(Given name)

(Employee ID)

 

verify that the member has met all requirements for payment of the retention bonus.

 

 

 

Approved                               

 

Administrator authorised for and on behalf of the Navy

 

This form is in two parts.

Part A – provides application information about the new scheme, and is for you to keep.

Part B – is your application to join the new scheme.

 

You must also complete Annex 3.5.ZN, Bonus payment election, to advise how the bonus is to be paid.

 

Part A

I am applying for the 1st Recruit Training Battalion (1RTB) recruit instructors scheme. This is authorised under Chapter 3 Part 5 Division 22 of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 ('the Determination').

I understand that my application for this scheme is subject to the following terms and conditions.

1.

I meet the requirements to be eligible to apply for the new scheme under this Determination.

2.

I will be paid a $13,000 completion payment at the end of each training year if I serve the whole period as eligible service, performing the duties of a recruit instructor.

3.

I will be paid a partial completion payment if I fail to complete a full training year as a recruit instructor for a reasons specified in clause 3.5.221 of the Determination.

4.

Eligible service for the bonus is paid service. Leave or other events may not be eligible service and may reduce my amount of completion bonus. The table in subclause 3.5.218.2 of the Determination shows periods that will not count as eligible service.

5.

I am advised to seek professional legal and financial advice about this decision. ADF members are not qualified to provide this advice.

6.

I must also elect how the money is to be paid. It may be paid into my bank or superannuation accounts.

See: Annex 3.5.ZN, Bonus payment election

Full details of the 1RTB recruit instructors scheme are contained in Chapter 3 Part 5 Division 22 of Defence Determination 2005/15, Conditions of Service.

This application, and the related parts of Defence Determination 2005/15, are the whole agreement between the Commonwealth and me about the nature of this scheme. It overrides any other prior understanding or agreement about the scheme. This would include, for instance, things I may have been told about the scheme or things I may have read elsewhere.


Privacy notice  

This information is being collected by the Department of Defence.

You may request access to or correction of personal information held about you in relation to this scheme by contacting the Defence Service Centre on 1800 333 362 or emailing dsc@defence.gov.au

If you have concerns about the handling of your personal information, you should raise your concerns with the Defence Service Centre in the first instance, or contact the Defence Privacy Officer at defence.privacy@defence.gov.au.

Defence collects your personal information provided under this form for the primary purpose of assessing eligibility for a retention and completion benefit, and administering it. The Department of Defence may also use your personal information to conduct investigations or inquiries and to take administrative or disciplinary action relating to the making of false claims for the benefit.

Defence may disclose personal information about you relating to this scheme to Commonwealth Superannuation Corporation, the Commonwealth Superannuation Corporation, the Australian Taxation Office and Smartsalary.

Your information is collected under Chapter 3 Part 5 Division 22 of Defence Determination 2005/15, Conditions of Service. You do not have to provide the information. However, if you do not provide the information, Defence will not be able to see if you are eligible for the benefit, or administer it.

Information disclosed to Smartsalary may be held on Smartsalary servers located in Japan and the United States of America.  

Further information is provided in the Defence Privacy Policy, which is available on the internet at www.defence.gov.au/ComplaintResolution/privacy.asp. This contains information on how an individual may apply for access to their personal information and how an individual may apply to have their personal information amended. It also contains information for individuals on how to make a privacy complaint to Defence if they consider Defence may have breached the Australian Privacy Principles.

 


Part B: Application for the 1RTB recruit instructors scheme

I,

.........……………………………

……………………………………

……………………………………

(Rank)

(Last name)

(Given name)

……………………………………..

……………………………………

,

(Service number)

(Employee ID)

 

apply to join the 1RTB recruit instructors scheme.

 

I acknowledge that the provisions of Chapter 3 Part 5 Division 22 of Defence Determination 2005/15, Conditions of Service, have been brought to my notice.

I have read and understood Part A of this application.

 

Yes  [   ]

No  [   ]

I have completed the options for payment (see Annex 3.5.ZN, Bonus payment election.)

 

Yes  [   ]

No  [   ]

 

Dated this

day of

 

20

 

 

 

 

 

 

Signed

 

Printed name

 

 

Witness

(This person must not be below the applicant in the chain of command)

 

 

 

 

 

Signed

 

Printed name

 

 

I,

……………………………

……………………………

……………………………

……………………………

(Rank)

(Last name)

(Given name)

(Employee ID)

 

certify that the member is posted and performing the duties of a recruit instructor ECN 347 and is eligible for the 1RTB recruit instructors scheme.

Member's posted APN ...........................................

 

 

 

 

Signed

Appointment

Date

This form is in two parts.

Part A – provides information about the scheme, and is for you to keep.

Part B – is your application to join the scheme.

 

You must also complete Annex 3.5.ZN, Bonus payment election, to advise how the bonus is to be paid.

 

Part A: Application information

I am applying for the ADF gap year – education bonus. This is authorised under Chapter 3 Part 5 Division 6 of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 ('the Determination').

I understand that my application for this scheme is subject to the following terms and conditions.

1.

I must meet the conditions for eligibility to join the scheme under the Determination.

2.

I will be paid a $10,000 bonus payment on re-enlistment or re-appointment to the ADF.

3.

I must also elect how the money is to be paid. It may be paid into my bank or superannuation accounts.

See: Annex 3.5.ZN, Bonus payment election

4.

I am advised to seek professional financial advice about the payment of the bonus. ADF members are not qualified to provide this advice.

 

Full details of the ADF gap year – education bonus are contained in Chapter 3 Part 5 Division 6 of Defence Determination 2005/15, Conditions of Service.

 

This application, and the related parts of Defence Determination 2005/15, are the whole agreement between the Commonwealth and me about the nature of this bonus. It overrides any other prior understanding or agreement about the scheme. This would include, for instance, things I may have been told about the bonus or things I may have read elsewhere.


Privacy notice  

This information is being collected by the Department of Defence.

You may request access to or correction of personal information held about you in relation to this scheme by contacting the Defence Service Centre on 1800 333 362 or emailing dsc@defence.gov.au

If you have concerns about the handling of your personal information, you should raise your concerns with the Defence Service Centre in the first instance, or contact the Defence Privacy Officer at defence.privacy@defence.gov.au.

Defence collects your personal information provided under this form for the primary purpose of assessing eligibility for a retention and completion benefit, and administering it. The Department of Defence may also use your personal information to conduct investigations or inquiries and to take administrative or disciplinary action relating to the making of false claims for the benefit.

Defence may disclose personal information about you relating to this scheme to Commonwealth Superannuation Corporation, the Commonwealth Superannuation Corporation, the Australian Taxation Office and Smartsalary.

Your information is collected under Chapter 3 Part 5 Division 6 of Defence Determination 2005/15, Conditions of Service. You do not have to provide the information. However, if you do not provide the information, Defence will not be able to see if you are eligible for the benefit, or administer it.

Information disclosed to Smartsalary may be held on Smartsalary servers located in Japan and the United States of America.  

Further information is provided in the Defence Privacy Policy, which is available on the internet at www.defence.gov.au/ComplaintResolution/privacy.asp. This contains information on how an individual may apply for access to their personal information and how an individual may apply to have their personal information amended. It also contains information for individuals on how to make a privacy complaint to Defence if they consider Defence may have breached the Australian Privacy Principles.

 


Part B:  Application for the ADF gap year – education bonus

 

I,......

……………………………………

……………………………………

……………………………………

(Rank)

(Last name)

(Given name)

……………………………………..........

……………………………………

,

(Service number)

(Employee ID)

 

apply for the ADF gap year – education bonus.

 

I acknowledge that the provisions of Chapter 3 Part 5 Division 6 of Defence Determination 2005/15, Conditions of Service, have been brought to my notice.

This is my first application for the bonus.

Yes  [   ]

No  [   ]

I have read and understood Part A of this application.

 

Yes  [   ]

No  [   ]

I have completed the options for payment (see Annex 3.5.ZN, Bonus payment election.)

 

Yes  [   ]

No  [   ]

 

Dated this

day of

 

20

 

 

 

Signed

 

Printed name

 

 

Witness

(This person must not be below the applicant in the chain of command)

 

 

 

 

 

Signed

 

Printed name

 

 

I,

……………………………

……………………………

……………………………

……………………………

(Rank)

(Last name)

(Given name)

(Employee ID)

 

verify that the member has met all the requirements for payment of the bonus payment.

 

Annex 3.5.ZL: ...

This form is in two parts.

Part A – provides information about the offer and the bonus scheme, and is for you to keep.

Part B – provides the formal acceptance of the offer and the agreement to serve for three years.

 

To accept an offer you must also complete Annex 3.5.ZN, Bonus payment election, to advise how the bonus is to be paid

Part A: Offer and information about the scheme

This Part provides information about the completion bonus you have been offered, and is for you to keep.

If you fill in, sign and return the acceptance form at Part B, you are accepting or refusing an offer made to you under the Army – targeted rank and employment category completion bonus scheme authorised under Chapter 3 Part 5 Division 38 of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 ('the Determination').

 

Offer

The Director General Personnel – Army is offering you,

 

.........................................................................................................................[member's name],  a completion bonus. 

 

The amount of bonus offered is the greater of your current base salary, or your base salary at the end of your service that counts towards the bonus, including any promotions you receive in that time. In return you must perform three years of service that counts towards the bonus. Service that counts towards the bonus is described in clause 3.5.368 of the Determination.

 

You can only accept this offer if you also take the action that is ticked below.

 [   ]

No additional action required.

[   ]

To accept the offer you must also be transferred to the Australian Regular Army. You must apply to transfer and have your application approved.

[   ]

 

To accept the offer you must also extend your compulsory retirement age to at least three years from the commencement date below.  You must apply to extend your compulsory retiring age and have your application approved.

[   ]

To accept the offer you must also extend your fixed period of enlistment to at least three years from the commencement date below.  You must apply to extend your fixed period of enlistment and have your application approved.

[   ]

To accept the offer you must also withdraw your application to resign, and have your withdrawal approved. (Resignation may be known as discharge.)

 

 

Your period of service commences on:

 

..................................................................................................................................................................

 


You must respond to this offer by the following date. You may accept or refuse the offer.

 

 

...................................................................................................................................................................

 

 

 

Dated this

day of

20

 

 

 

 

 

Signed

 

 

 

 

Name:........................................................................Rank:............................................................................

Director General Personnel – Army

 

 

Information about the completion bonus

I understand that my acceptance of this completion bonus is subject to the following terms and conditions.

1.

I have been notified by offer that I am eligible to join the scheme.

2.

I must respond to this offer but may accept or refuse the offer.

3.

I will be paid a completion bonus payment at the end of three years of service that counts towards the bonus.

4.

Service that counts towards the bonus is described in clause 3.5.368 of the Determination.

5.

If I make an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 I will not be paid a bonus under this scheme.

6.

A partial bonus payment may only be paid if I fail to complete three years of service that counts towards the bonus for specific reasons. These are listed in clause 3.5.370 of Defence Determination 2005/15. If I leave the scheme for another reason there is no partial payment. 

7.

If I accept the offer I must also elect how the money is to be paid. It may be paid into my bank or superannuation accounts.

See: Annex 3.5.ZN, Bonus payment election

8.

I am advised to seek professional legal and financial advice about this decision.  ADF members are not qualified to provide this advice.

 

Full details of the completion bonus scheme are contained in Chapter 3 Part 5 Division 38 of Defence Determination 2005/15, Conditions of Service.

This acceptance form, and the related parts of Defence Determination 2005/15, are the whole agreement between the Commonwealth and me about the nature of this scheme. It overrides any other prior understanding or agreement about the scheme. This would include, for instance, things I may have been told about the scheme or things I may have read elsewhere.

 


Privacy notice  

This information is being collected by the Department of Defence.

You may request access to or correction of personal information held about you in relation to this scheme by contacting the Defence Service Centre on 1800 333 362 or emailing dsc@defence.gov.au

If you have concerns about the handling of your personal information, you should raise your concerns with the Defence Service Centre in the first instance, or contact the Defence Privacy Officer at defence.privacy@defence.gov.au.

Defence collects your personal information provided under this form for the primary purpose of assessing eligibility for a retention and completion benefit, and administering it. The Department of Defence may also use your personal information to conduct investigations or inquiries and to take administrative or disciplinary action relating to the making of false claims for the benefit.

Defence may disclose personal information about you relating to this scheme to Commonwealth Superannuation Corporation, the Commonwealth Superannuation Corporation, the Australian Taxation Office and Smartsalary.

Your information is collected under Chapter 3 Part 5 Division 38 of Defence Determination 2005/15, Conditions of Service. You do not have to provide the information. However, if you do not provide the information, Defence will not be able to see if you are eligible for the benefit, or administer it.

Information disclosed to Smartsalary may be held on Smartsalary servers located in Japan and the United States of America.  

Further information is provided in the Defence Privacy Policy, which is available on the internet at www.defence.gov.au/ComplaintResolution/privacy.asp. This contains information on how an individual may apply for access to their personal information and how an individual may apply to have their personal information amended. It also contains information for individuals on how to make a privacy complaint to Defence if they consider Defence may have breached the Australian Privacy Principles.

 

 


Part B: Acceptance or refusal of offer and undertaking to serve

I,

……………………………………

……………………………………

……………………………………

(Rank)

(Last name)

(Given name)

……………………………………..........

……………………………………

,

(Service number)

(Employee ID)

 

 

Please tick one.

(     )   accept the offer to join the Army – targeted rank and employment category completion bonus scheme.

(     )   refuse the offer to join the Army – targeted rank and employment category completion bonus scheme.

 

If you have accepted the offer, please tick the boxes that apply below.

I have read and understood Chapter 3 Part 5 Division 38 of Defence Determination 2005/15.

Yes  [   ]

No  [   ]

I have read and understood Part A of this form.

 

Yes  [   ]

No  [   ]

I agree to serve for three years of service that counts towards the bonus. Any service that I have that is not service that counts towards the bonus will extend the period until I reach three years of service that counts towards the bonus.

 

Yes  [   ]

No  [   ]

I have sought independent legal advice in relation to this undertaking.

 

Yes  [   ]

No  [   ]

I have completed the options for payment (see Annex 3.5.ZN, Bonus payment election.)

 

Yes  [   ]

No  [   ]

 

 

Dated this

day of

20

 

 

 

 

 

 

Signed

 

Printed name

 

 

Witness

 

 

 

 

 

 

Signed

 

Printed name and rank

 

This form is to be used in many ADF bonus schemes to elect the way that the bonus is to be paid. It must be submitted with the other forms prescribed by the scheme.

Taxation and superannuation

A pre-taxation salary sacrifice contribution can be made to your superannuation fund. There are caps on how much you can contribute to superannuation in this way each financial year. If you contribute more than the cap you may have a taxation debt. The Australian Taxation Office website has more information on concessional caps and superannuation.

……………………………

……………………………

……………………………

……………………………

(Rank)

(Last name)

(Given name)

(Employee ID)

 

There are three options for payment.

Option one:

Paid into the member's normal pay account. The amounts will be taxed at the applicable tax rate at the time of payment.

Option two:

As an employer contribution to superannuation. You will only be able to vary this election before the payment is processed.

Option three:

As a combination of these.

All members are strongly advised to seek professional financial advice when making this decision. ADF members are not qualified to provide this advice.

 

Part A: Election to pay into bank or superannuation

 

I choose this payment method for my bonus:

Option one: [     ]

Paid into my normal pay account. The amounts will be taxed at the applicable tax rate at the time of payment.

Option two: [     ]

The full amount paid as an employer contribution to superannuation. I have nominated a superannuation fund in Part B of this form.

Option three: [     ]

1. _____________% of the bonus payment as an employer contribution to superannuation. I have nominated a superannuation fund in Part B of this form.

2. The balance of the amount paid into my normal pay account.

 

Tick one box.  Only select one of the options.


Part B: Superannuation fund nomination

This section must be completed if either option two or three has been selected for one of the items in Part A. I understand that if I select option 2 there may be a cost I must pay.

Option one: [     ]

Paid as an employer contribution into my Military Superannuation and Benefits Scheme ancillary account.

Refer to the Military Superannuation website for more details on the Military Superannuation and Benefits Scheme. This includes information on the ancillary account.

Option two: [     ]

Paid as an employer contribution into another fund. This may be an eligible choice, industry or self-managed superannuation fund.

I understand that the Department of Defence will not be responsible for the contribution. Instead the Department of Defence will pay the money to Smartsalary, the company contracted to administer salary sacrifice arrangements. Smartsalary will then pay the money into my superannuation fund.

I acknowledge that I must arrange the contribution with Smartsalary

I understand that if I do not already have an account with Smartsalary I must take the following steps. 

 

a.

I must register with Smartsalary.

 

b.

I must fill out a Smartsalary Salary Packaging Application Form. This can be found on their website at http://www.smartsalary.com.au/. 

 

c.

I can only complete this election when Smartsalary have confirmed that these arrangements are in place.

 

The Smartsalary account number for this contribution is

………………………………………………….

 

1.

This Part has the following purposes.

 

a.

To facilitate the following outcomes.

 

i.

The member who is critical to capability is retained.

 

ii.

A position critical to capability is no longer at risk.

 

iii.

The Defence factors that influenced the member to consider leaving the ADF are weakened.

 

iv.

A succession plan to address the workforce capability gap is implemented.

 

v.

A critical workforce capability gap is resolved.

 

b.

To provide a selection of incentives that may be used to retain a member.

2.

The deliberately differentiated offer is a management-initiated retention measure. Members may not apply for a deliberately differentiated offer.

3.

This Part is not intended to be used as a talent or career management tool. It should not be used to address issues of equity and flexible work arrangements as targeted special measures are already available for these issues.

 

For the purpose of this Part, the following definitions apply.

 

Term

Definition in this Part

member critical to capability

means a member for whom the CDF decides all the following circumstances exist.

a. The loss of that member would significantly impact on ADF strategic or operational capability.

b. The member's skills, knowledge or qualifications cannot be readily replaced in the immediate future.

c. The member has demonstrated consistent high performance.

position critical to capability

means a position that is essential to strategic or operational capability of the ADF and requires a particular set of skills, knowledge or qualification.  Failure to fill the position impacts negatively on delivery of Service capability.

agreed period of service

means the period the member has agreed to serve in the position for which the deliberately differentiated offer is made. It is notified to the member using the form at Annex 3.5A.A.

workforce capability gap

means the gap between the current and required capability of the workforce.

 

 

For this Part, the member must meet all of the following conditions.

 

a.

The member is either of the following.

 

i.

A member of the Permanent Force.

 

ii.

A member of the Reserve Force on continuous full-time service.

 

b.

The member is a member critical to capability.

See: Clause 3.5A.2, Definitions

 

A member who is offered a deliberately differentiated offer under this Part cannot start their agreed period of service if any of the following circumstances apply to them.

Note: This means a member may accept an offer and benefits may start, but their agreed period of service only starts after they stop being in any of these situations.

 

a.

The member is not on paid service.

Example: A member on leave without pay.

 

b.

The member is subject to an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 (as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005).

 

c.

The member has any of the following liabilities.

 

i.

An initial minimum period of service under Defence (Personnel) Regulations 2002.

 

 

Exception: An undertaking for further service associated with a promotion to a rank below Brigadier.

 

ii.

A return of service obligation under Defence (Personnel) Regulations 2002.

 

iii.

An undertaking for further service under Defence (Personnel) Regulations 2002. This includes members promoted to a senior officer rank.

 

 

See: Defence (Personnel) Regulations 2002

 

d.

The member is on Reserve service.

 

 

Note: Reserve service does not include continuous full-time service.

 

1.

Before deciding that a member is to be given a deliberately differentiated offer, the CDF must have regard to the following circumstances.

 

a.

Whether the member has applied, or is expected to apply, to transfer to the Reserve Force in their Service under the Defence (Personnel) Regulations 2002.

See: Defence (Personnel) Regulations 2002, Chapter 8 Part 1 Division 2 (Voluntary transfer of members)

 

b.

Whether the member has applied, or is expected to apply, to voluntarily terminate their Service under the Defence (Personnel) Regulations 2002.

See: Defence (Personnel) Regulations 2002, Chapter 9 Part 3 (Voluntary termination of service)

 

c.

Whether the member has undertaken, or is expected to undertake, a further period of continuous full-time service in the position.

 

d.

Whether the member has indicated that they are unwilling to remain in or move to a position critical to capability.

2.

Before deciding which benefits in this Part to include in the deliberately differentiated offer made to the member, the CDF must consider the following matters, if relevant.

 

a.

Any evidence that failure to retain the member will cause a workforce capability gap.

 

b.

The manner in which the current and future duties of the member support capability.

 

c.

Whether the member holds skills, knowledge or qualifications that are essential to the delivery of Service capability.

 

d.

The required period of service to assist succession in the position.

 

e.

The anticipated timeframe to backfill the position if the member were to leave the Permanent Force or resign from the ADF.

 

f.

The potential for the succession plan developed by the Service career management agency to address the position critical to capability or workforce capability gap within the agreed period of service of the deliberately differentiated offer.

 

g.

Any factors that could reduce the negative impact to capability.

 

h.

The member's professional and personal situation, and what types of incentives would encourage the member to continue serving in the position for the agreed period of service.

 

i.

Any external organisation's offer of employment to the member.

 

j.

The flexible working arrangements that the member may wish to access in the position.

See: Military Personnel Policy Manual, Part 7 Chapter 6, Flexible work arrangements for members of the Australian Defence Force.

 

k.

Any other relevant matter.

 

1.

The benefits in an individual member's deliberately differentiated offer are worked out in accordance with this clause.

2.

The deliberately differentiated offer may include any of the benefits outlined in the table below.

 

Item

The following benefit...

may be made available from...

until...

1.

Home purchase and sale assistance may be provided after the normal time period for eligibility has expired.

a. Reimbursement of the costs of sale of a home may be considered after the two year time period in subclause 6.2.22.1 has lapsed.

b. Reimbursement of costs of purchasing a home may be considered after the four year time period in paragraph 6.2.22.5.b has lapsed.

See: Chapter 6 Part 2, Home sale or purchase

a date specified by CDF

the expiry of the agreed period of service.

2.

Removal assistance which may include a removal and associated benefits to a personal location where benefits are provided, or to another residence within location, outside the normal limits on assistance.

a. In circumstances other than compassionate circumstances.

b. Above normal cost limits.

See: Chapter 6 Part 6, Removals and storage

a date specified by CDF

either of the following dates.

a. The expiry of the agreed period of service.

b. A date specified by CDF.

3.

Allocation of a Service Residence or rent band choice home, at or above the member's rank and bedroom entitlement. The following conditions apply.

a. The higher contribution scheme at clause 7.5.44 does not apply to this benefit.

b. The approved rent band or additional bedroom is to be specified as part of the offer.

See: Chapter 7 Part 5, Service residences

a date specified by CDF

the earlier of the following dates.

a. The date the member vacates the residence.

b. A date specified by CDF.

4.

An increased rent ceiling. The following conditions apply.

a. Increased rent ceiling may be provided for reasons not specified in clause 7.6.12.

b. The ceiling may be increased up to an amount approved by CDF.

c. The approved rent ceiling is to be specified as part of the offer.

See: Chapter 7 Part 6, Rent allowance

a date specified by CDF

the earlier of the following dates.

a. The date the member vacates the residence.

b. A date specified by CDF.


Item

The following benefit...

may be made available from...

until...

5.

An additional number of trips in any of the following types of travel for which the member is currently eligible.

a. Reunion travel under Chapter 9 Part 3 Division 3.

b. Student reunion travel under Chapter 9 Part 3 Division 4.

c. Recreation leave travel under Chapter 9 Part 4 Division 1.

d. Remote location leave travel under Chapter 9 Part 4 Division 4.

See: Chapter 9, ADF travel in Australia

the date the agreed period of service begins

either of the following dates.

a. The expiry of the agreed period of service.

b. An earlier date specified by CDF.

6.

A specified number of days of additional paid leave. The following conditions apply.

a. Leave may be granted for up to 20 days for each 12 month period of the agreed period of service. 

b. The leave days are in addition to the member's normal leave accrual.

c. The leave is non-accruable and expires at the end of each 12 month period. 

d. The leave is to be recorded as if it were short absence, but is not short leave from duty. Payment instead of leave is not available for this leave.

Note: Managers continue to have discretion to approve various leave types but must consider the impact on other leave accruals.

the date the agreed period of service begins

either of the following dates.

a. The expiry of the agreed period of service.

b. An earlier date specified by CDF.

 

3.

CDF may choose which of the benefits listed in subclause 2 are to be offered to an individual member after considering the circumstances and matters listed in clause 3.5A.5.

4.

The period of each benefit is worked out using the relevant guidance in column 3 and 4 of the table in subclause 2.

5.

A retention bonus may also be offered under Part 5 Division 2, Bonus Framework, at the same time as the deliberately differentiated offer.

See: Part 5 Division 2, Bonus Framework

6.

The deliberately differentiated offer may set out any flexible working arrangements provided in accordance with, or in addition to, Military Personnel Policy Manual, Part 7 Chapter 6, Flexible work arrangements for members of the Australian Defence Force.

See: Military Personnel Policy Manual, Part 7 Chapter 6, Flexible work arrangements for members of the Australian Defence Force.

7.

CDF must notify the member of the deliberately differentiated offer using the form at Annex 3.5A.A. The form must set out the benefits and the detailed dates of duration for each benefit. 

 

1.

The member may accept the offer under this Part any time after they receive it, until the latest of the following dates.

 

a.

Twenty-eight days after the day the offer is made.

 

b.

A longer period that the CDF decides is reasonable, having regard to the member’s circumstances.

2.

An acceptance made under this subclause must be on the form at Annex 3.5A.A.

 

See: Annex 3.5A.A, Deliberately differentiated offer form

3.

The acceptance must include an undertaking to serve for the period of the agreed period of service, using the form at Annex 3.5A.A. 

1.

On a day that a member ceases to complete their agreed period of service, they cease to be eligible for benefits under this Part.

2.

The member is not required to repay the benefits in their deliberately differentiated offer if the member fails to complete the agreed period of service.

 

Note: A member who fails to complete their agreed period of service in relation to a retention bonus may be required to repay an amount of the bonus.  Any repayment is worked out in accordance with the rules that apply to the relevant bonus scheme.

See: Part 5 Division 2, Bonus framework

 

This form provides information about the offer. 

It also provides for your formal acceptance of the offer and your agreement to serve until the end of the agreed period of service for which the benefits are paid. Please keep a copy and return the signed original.

 

Offer and information

This Part provides information about the deliberately differentiated offer being made to you, and is for you to keep.

If you fill in and sign the acceptance form, you are accepting the deliberately differentiated offer made to you and authorised under Chapter 3 Part 5A of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903.

 

Offer

The offer made is as follows:

 

 

...........................................................................................................................[member's name] is hereby offered the following package of benefits by Director General Navy People/Director General Personnel – Army/Director General Personnel – Air Force [delete whichever is irrelevant] for the agreed period of service starting on

......................................[day/month/year] and ending on ................................................[day/month/year]. 

 

The offer is made in relation to the following position that has been identified as a position critical to capability: [delete if offer not directly associated with a position critical to capability]

 

 

 

 

 

 

 

The offer is made in relation to the skills, knowledge and qualifications required to address the following workforce capability gap: [delete if offer is directly associated with a position critical to capability]

 

 

 

 

 

 

 

 

 

 

 

 


This deliberately differentiated offer has been approved by the CDF or his authorised person. The package of benefits provided in this offer includes the following:

[Delete all rows or dot points that do not form a part of this offer.]

[Complete all details as required. Delete any terms that do not apply.]

 

Item

Description of Benefit

Benefit available from...

until...

1.

Home purchase and sale assistance that includes the following:

  • Reimbursement of the costs of sale of a home after the two year time period in subclause 6.2.22.1 has lapsed.
  • Reimbursement of costs of purchasing a home after the four year time period in paragraph 6.2.22.5.b has lapsed.

[insert date specified by CDF.]

[insert date of expiry of the agreed period of service.]

2.

Removal assistance that includes the following:

  • A removal and associated benefits to [a personal location/another residence within location]
  • It is not limited to compassionate circumstances.
  • It is not cost limited.

[insert date specified by CDF.]

[insert date of expiry of the agreed period of service or a date specified by CDF.]

3.

Allocation of a [service residence/rent band choice home] that [is/has] [insert the approved rent band or additional bedroom(s)].

 

Note: The higher contribution scheme set out in PACMAN clause 7.5.44 will not apply.

[insert date specified by CDF.]

the earlier of the following dates.

a. The date the member vacates the residence.

b. [insert date specified by CDF].

4.

Increased rent ceiling to the amount of $[insert monetary amount]

[insert date specified by CDF.]

the earlier of the following dates.

a. The date the member vacates the residence.

b. [insert date specified by CDF].

5.

Additional number of travel trips for the following types of travel: [delete types of travel to which the member is currently not eligible for or not included as part of this offer]

  • [Insert number] of additional reunion travel under Chapter 9 Part 3 Division 3.
  • [Insert number] of additional student reunion travel under Chapter 9 Part 3 Division 4.
  • [Insert number] of additional recreation leave travel under Chapter 9 Part 4 Division 1.
  • [Insert number] of additional remote location leave travel under Chapter 9 Part 4 Division 4.

[insert date that the agreed period of service begins].

the earlier of the following dates.

a. [insert date that is the expiry of the agreed period of service]

b. [insert date specified by CDF].

6.

[Insert number] days of paid leave per calendar year in addition to the member's normal leave accrual.

Note: This leave is not accruable and expires at the end of each 12 month period.  It will not be paid in lieu.

[insert date that the agreed period of service begins].

the earlier of the following dates.

a. [insert date that is the expiry of the agreed period of service]

b. [insert date specified by CDF].


Item

Description of Benefit

Benefit available from...

until...

7.

Flexible working arrangements provided in accordance with, or in addition to, Military Personnel Policy Manual, Part 7 Chapter 6, Flexible work arrangements for members of the ADF.

[Insert specific details of agreed flexible working arrangements]

[insert date that the agreed period of service begins].

the earlier of the following dates.

a. [insert date that is the expiry of the agreed period of service]

b. [insert date specified by CDF].

 

A retention bonus may also be offered under Chapter 3 Part 5 Division 2, Bonus framework, at the same time as this deliberately differentiated offer.  A retention bonus is separate from this offer. [delete as appropriate]

 

Signed by:

 

 

Name:........................................................................Rank:................................................Date:...................

Director General Navy People/Director General Personnel – Army/Director General Personnel – Air Force [delete whichever is irrelevant]. 

 

Information about the deliberately differentiated offer

 

I understand that my acceptance of this offer is subject to the following terms and conditions.

 

1.

If I accept the deliberately differentiated offer under this Part, I agree to serve for the period specified in this offer. This period is called my 'agreed period of service'. The agreed period of service could be for either of the following circumstances:

 

a.

In a specified position critical to capability.

 

b.

In relation to an identified workforce capability gap, where retention of my skills, knowledge and qualifications is essential to ADF strategic or operational capability.

2.

I am entitled to the benefits listed in deliberately differentiated offer that was offered to me, until the day I cease serving toward my agreed period of service.  This could happen when I complete it or if I leave before I complete it.

3.

I am aware that Defence will treat the information in this acceptance form as my personal information covered by the Privacy Act 1988 and I consent to Defence using it in de-identified form for reporting and statistical purposes. I am aware that if I publish this information to others, I may make the protections provided to me by the Privacy Act ineffective.

 

Full details of the deliberately differentiated offer framework can be found in Chapter 3 Part 5A of Defence Determination 2005/15, Conditions of Service.

 

This acceptance form, and the related parts of Defence Determination 2005/15, is the whole agreement between us about the nature of this framework. It overrides any other prior understanding or agreement about the framework. This would include, for instance, things I may have been told about the framework or things I may have read elsewhere.

 

 


Acceptance of offer and undertaking to serve an agreed period

I,......

……………………………………

……………………………………

……………………………………

(Rank)

(Last name)

(Given name)

……………………………………..........

……………………………………

,

(Service number)

(Employee ID)

 

accept the deliberately differentiated offer and undertake to serve for the agreed period of service starting on

.............................................. [day/month/year] and ending on .........................................[day/month/year].

 

I acknowledge that the provisions of Chapter 3 Part 5A of Defence Determination 2005/15, Conditions of Service, have been brought to my notice.

Please tick the boxes that apply below.

 

I have read and understood this form.

 

Yes  [   ]

No  [   ]

I have sought independent legal advice in relation to this undertaking.

 

Yes  [   ]

No  [   ]

I have sought independent financial advice in relation to this undertaking.

 

Yes  [   ]

No  [   ]

 

Dated this

day of

 

20

 

 

 

 

 

 

Signed

 

Printed name

 

 

Witness

(This person must be above the applicant in the chain of command)

 

 

 

 

 

Signed

 

Printed name and rank

 

 

 

I,

……………………………

……………………………

……………………………

……………………………

(Rank)

(Last name)

(Given name)

(Employee ID)

 

verify that the member has met all requirements of the deliberately differentiated offer.

 

 

 

Approved                               

 

Administrator authorised for and on behalf of the member's Service

 

 

A member may lose their salary and allowances, or have them suspended, during any of the following situations.

 

a.

Absence without leave.

 

b.

Absence from duty and in civil custody.

 

 

Note: This does not apply if a member is on approved leave while in custody.

 

c.

Serving a period of detention under Service law.

 

d.

Serving a period of imprisonment under a law that is not Service law.

 

See: Part XIII of the Defence Force Regulations 1952

1.

A member may continue to receive certain benefits if they are in any of the following situations.

 

a.

On service detention.

 

b.

On absence without leave, which does not lead to discharge, civil conviction or service conviction as described in regulation 65 of the Defence Force Regulations 1952.

 

c.

On approved leave for a period of civil custody pending or during the trial of the member for an offence.

2.

A member described in subclause 1 may continue to receive any benefit listed in the following table.

 

Item

Benefit

For conditions for payment, see

1.

ADF district allowance

Chapter 4 Part 4 Divisions 1 and 2

2.

...

 

3.

Port Wakefield allowance

Chapter 4 Part 4 Division 4

4.

Removal and storage for a member with dependants

Chapter 6

5.

Housing assistance

Chapter 7

6.

Education assistance

Chapter 8

7.

Dependants with special needs assistance

Chapter 8

8.

Uniform allowance

Chapter 10 Part 1

9.

Overseas living allowance

Chapter 15 Part 2

 

1.

A member's dependant continues to receive benefits if the member is absent for any of the reasons listed in subclause 3.6.1.

 

Example: A member gets education assistance for his son. The member is charged and sentenced to serve a twelve-month period of imprisonment under Service law. The member's son applies to continue receiving the assistance. The member's Service Chief agrees to continue the assistance until the end of the son's critical school year.

2.

The Service Chief may decide that a member's dependants are to receive benefits of the kind listed in the following table.

 

Item

Benefit

For conditions for payment, see

1.

ADF district allowance

Chapter 4 Part 4 Divisions 1 and 2

2.

...

 

3.

Port Wakefield allowance

Chapter 4 Part 4 Division 4

4.

Removal and storage

Chapter 6; Chapter 14

5.

Housing assistance

Chapter 7; Chapter 15

6.

Education assistance

Chapter 8, Part 4

7.

Dependants with special needs assistance

Chapter 8

8.

Emergency support for Families Scheme

Chapter 8

9.

Bereavement payment.

Chapter 11, Part 3

10.

Overseas living allowance payable on the same basis as before the member became absent.

Chapter 15 Part 2

11.

Accompanied rate of hardship allowance payable on the same basis as before the member became absent.

Chapter 16

 

3.

The Service Chief may decide that benefits payable under subclause 1 or 2 cease from a specified date.

 

Example: A member's service is to be terminated from a date. The Service Chief notifies the member's dependants that their benefit will cease from the same date.

4.

The Service Chief must consider the following factors when making a decision under subclause 2 or 3.

 

a.

The personal circumstances of the member or their dependants.

 

b.

Whether the member's service will be terminated.

 

c.

Whether the member's dependants have insufficient immediate family or local support.

 

d.

Whether there are Commonwealth benefits available to the dependants.

 

e.

Any other factors relevant to the application.