Commonwealth Coat of Arms

Defence Determination 2016/19, Conditions of service

made under section 58B of the Defence Act 1903

Compilation No. 119

Compilation date:  1 February 2024

Includes amendments: Defence Determination 2024/1

 

This compilation is in 4 volumes

Volume 1  Chapter 1 – Chapter 5

Volume 2  Chapter 6 – Chapter 11

Volume 3  Chapter 12 – Chapter 17

Volume 4  Endnotes

Each volume has its own contents

 

 

 

About this compilation

This compilation

This is a compilation of Defence Determination 2016/19, Conditions of service, that shows the text of the law as amended and in force on 1/2/2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

Contents

Chapter 1: Introduction (Required reading)

1.1.1    Overview

Part 1: About this Manual

1.1.3    Abbreviations

Part 2: The Defence Determination on conditions of service

1.2.1    Defence Determination 2016/19 – general

1.2.2    Members Chapters 1 to 17 apply to

1.2.3    Other people this Determination may apply to

1.2.4    Meaning of words and phrases

1.2.5    Forms

1.2.5A    References to rules in other instruments

1.2.6    Collection, use and disclosure of personal information

Part 3: Interpretation

Division 1: Definitions – general

1.3.1    Interpretation

1.3.2    Close relative

1.3.3    Member undergoing recategorisation training

1.3.4    Posting period – within Australia

1.3.5    Serious illness

1.3.6    Special needs

1.3.7    Suitable accommodation

Division 2: Key definitions relating to location

1.3.8    Service location

1.3.9    Primary service location

1.3.10    Housing benefit location

1.3.11    Extended housing benefit location

1.3.12    Family benefit location

1.3.13    Location of residence

Division 3: Key definitions relating to resident family

Subdivision 1: Accompanied resident family

1.3.14    Accompanied resident family

1.3.15    Effect of temporary separation

Subdivision 2: Types of accompanied resident family

1.3.16    Accompanied resident family — Partner

1.3.17    Accompanied resident family — Child 90+ nights

1.3.18    Accompanied resident family — Child less than 90 nights

1.3.19    Accompanied resident family — Child absent due to education

Subdivision 3: Unaccompanied resident family

1.3.20    Unaccompanied resident family

1.3.21    When resident family cease to be unaccompanied

Subdivision 4: Types of unaccompanied resident family

1.3.22    Unaccompanied resident family — In connection with a posting

1.3.23    Unaccompanied resident family — In connection with a posting to a seagoing ship or seagoing submarine

1.3.24    Unaccompanied resident family — Resident family moving away from the member

1.3.25    Unaccompanied resident family — On return from a deployment

1.3.26    Unaccompanied resident family – Partners who don’t live together

1.3.27    Unaccompanied resident family — Recognised family in connection with recruitment from overseas

1.3.28    Unaccompanied resident family — Service or compassionate reasons

1.3.29    Unaccompanied resident family — Child absent due to education

Subdivision 5: Dual serving members

1.3.30    Who this subdivision applies to

1.3.31    Dual serving member – Partner only

1.3.32    Dual serving member – Member lives without resident family

1.3.33    Dual serving member – Members both live with resident family

1.3.34    Dual serving member – Rules relating to nomination

Division 4: Key definitions relating to people

Subdivision 1: General

1.3.35    Child

1.3.36    Partner

1.3.37    Recognised other person

Subdivision 2: Partners

1.3.38    CDF recognised partner

1.3.39    De facto relationship

Division 5: Other matters

1.3.40    Equivalent ranks and classifications

1.3.41    References to time

1.3.42    Meaning of dependant for the Fringe Benefits Tax Assessment Regulations 2018

1.3.43    Meaning of specific words for determinations made under section 58H of the Defence Act 1901

Part 5: Member's rights and obligations

1.5.1    Purpose

1.5.2    Obligation to provide accurate information

1.5.3    Change in member's circumstances

1.5.4A    Contributions and payments payable by a member not receiving salary

1.5.5    Recovery by the Commonwealth

1.5.6    Decision-makers to avoid conflict of interest

1.5.7    Member to provide evidence of payment

Part 6: Payment of benefits in special circumstances

1.6.1    Dual entitlement – member's partner is also a member

1.6.1A    Payment of contributions by another person

1.6.2    Payment of benefit to another person

1.6.3    Payment of amount to a person under legal disability

1.6.4    Payment of amounts on death of a member

1.6.5    Effect of death on eligibility for salary and allowances

Part 7: Imprisonment, detention and custody within Australia

1.7.1    Purpose

1.7.2    Member this Part applies to

1.7.3    Member this Part does not apply to

1.7.4    General rule – benefits and contributions

1.7.5    Salary and DFRT allowances – member in detention

1.7.6    Salary and DFRT allowances – member imprisoned or in custody

1.7.7    Conviction quashed or set aside

Division 1: Leave

1.7.8    Purpose

1.7.9    Recreation leave

1.7.10    Short absence and medical absence from duty

1.7.11    Maternity leave

1.7.12    Parental leave

1.7.13    Long service leave

1.7.14    Other forms of leave with or without pay

Division 2: Housing, removals and storage

1.7.15    Purpose

1.7.16    Member occupying a Service residence or rent band choice property

1.7.17    Member occupying a rent allowance property

1.7.18    Member occupying living-in accommodation

1.7.19    Storage costs

1.7.20    Contribution for meals

1.7.21    Food allowance

Division 3: Other benefits

1.7.22    Purpose

1.7.24    Travel in Australia

1.7.25    Funeral costs

Chapter 2: ADF career

Part 1: Joining the ADF

2.1.3    Purpose

2.1.4    Travel, accommodation and meals

2.1.5    Prepaid fares

2.1.6    Baggage

2.1.7    Loss of wages or salary

Part 2: Career transition

2.2.1    Purpose

2.2.2    Definitions

2.2.3    Member this Part applies to

2.2.4    Member this Part does not apply to

2.2.5    Career transition training

2.2.6    Assistance for professional financial advice

2.2.7    Travel and accommodation

2.2.8    Approved absence

2.2.9    How to apply for transition assistance and approved absence

Part 3: Leaving the ADF

Division 1: Redundancy

2.3.3    Purpose

2.3.4    Member this Division applies to

2.3.5    Benefit

2.3.6    Additional payment

2.3.7    When the amount is repayable

Division 3: Special benefit payment

2.3.20    Purpose

2.3.22    Member eligible for special benefit

2.3.22A    Member not eligible for special benefit payment

2.3.23    Amount of special benefit

2.3.25    Repayment of special benefit payment

Division 4: Additional transition period

2.3.26    Additional transition period

2.3.27    Benefits during additional transition

Chapter 3: ADF salaries and bonuses

Part 2: Administration of salaries

3.2.1    Overview

Division 1: About salaries

3.2.3    Purpose

3.2.5    Time for payment of salary for a member on continuous full-time service

3.2.6    Method of payment of salary for a member on continuous full-time service

3.2.7    Administration of allowances

3.2.7AA    Salary and DFRT determinations – flexible service determinations

3.2.7A    Section 58B Allowances – flexible service determinations

3.2.8    Pro rating contributions

3.2.9    Death or presumed death of member

3.2.13    Reserve member taken to be attending for duty

3.2.14    Reserve member attending for duty in special circumstances

3.2.15    Reserve Assistance Program attendance

3.2.17    Method of payment of salary and allowances for a member on Reserve service

Division 2: Commencement salary

3.2.18    Purpose

3.2.18B    Definitions

3.2.19    Salary on enlistment or appointment

3.2.20    Salary on promotion – general

3.2.21    Salary on change of pay grade or specialist level

3.2.22    Salary on ceasing to be a specialist officer

3.2.23    Member with previous service – commencement salary

3.2.24    Recognition of service in the Reserves

3.2.25    Salary – member undergoing recategorisation training

3.2.26    Salary rate for training – start and advancement dates

Division 3: Increments

3.2.27    Purpose

3.2.28    Definitions

3.2.29    Member this Division does not apply to

3.2.30    Increment advancement

3.2.33    Increment deferral

3.2.34    Effect of pay increases on increments

3.2.35    Effect of pay grade changes on increments

3.2.36    Promotion after previous service at temporary or acting rank

3.2.37    Salary – Private Proficient

3.2.38    Salary on reduction of rank

3.2.39    Salary on promotion to rank previously held

Division 4: Specialist Officer – increment and competency arrangements

3.2.40    Purpose

3.2.41    Chaplain, Maritime Spiritual Wellbeing Officers and dental officers – increment advancement, promotion and advancement

3.2.42    Medical officers – increment advancement and promotion

3.2.42A    Salary on promotion – senior medical officers

3.2.43    Legal Officers – increment advancement and promotion

3.2.44    Competency levels – Chaplain and Maritime Spiritual Wellbeing Officer

3.2.45    Dental levels – dental officer

3.2.46    Legal levels – legal officer

3.2.47    Military medical levels – medical officer

Division 4A: Specialist Officer – Aviation – increment placement, progression and transfer

3.2.47B    Definitions

3.2.47E    Entry placement – member who is an aviation specialist

3.2.47F    Entry placement – Other Rank member transfers to the Officer Aviation Pay Structure

3.2.47G    Entry placement – Navy Aviation Officers

3.2.47K    Entry placement – member in the Air Force who is not an aviation specialist

3.2.47L    Entry placement – Officer transferring from other salary structures

3.2.47M    Entry placement – CDF discretions

3.2.47N    Increment placement – Navy Sub Lieutenant and Lieutenant

3.2.47O    Increment on promotion

3.2.47P    Increment on Command appointment – Navy and Army

3.2.47Q    Increment on rank reduction

3.2.47R    Increment on loss of Command appointment

3.2.47S    Increment advancement

3.2.47T    Increment on transfer between Services

3.2.47U    Increment on transfer between pathways and competency streams

3.2.47V    Increment on transfer between Army Generalist and Specialist pathways on promotion

Division 5: Salary non-reduction provisions

3.2.48    Purpose

3.2.49    Definitions

3.2.50    Member this Division applies to

3.2.51    Member this Division does not apply to

3.2.52    Salary non-reduction period

3.2.52A    Salary non-reduction – Air Force Flight Test Engineer

3.2.53    Service during salary non-reduction period to count for certain purposes

3.2.55    Retention of pay grade

3.2.56    Non-reduction supplement for Other Rank members

3.2.57    Non-reduction supplement for Other Rank members of the Reserves

3.2.58    Movements between Reserve service and continuous full-time service

3.2.59    Member on salary non-reduction or salary preservation on 13 May 2021

Annex 3.2.B: Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower

Part 1: Members with the rank of Warrant Officer Class 1

Part 2: Members with the rank of Warrant Officer Class 2 or lower

Annex 3.2.D: Salary non-reduction – Officers

Annex 3.2.E: Officer Aviation Specialist Structure to Officer Aviation Pay Structure — conversion table

Part 3: Bonuses

Division 1: General provisions

Sub-division 1: Interpretation

3.3.1    Purpose

3.3.2    Definitions

3.3.3    Commencement day of an agreed period of service

3.3.4    Valid offer

3.3.5    Valid acceptance

Subdivision 2: Effective service

3.3.6    Effective service – member on continuous full time service

3.3.7    Effective service – member subject to a flexible service determination

3.3.8    Effective service – member on Reserve service

Sub-division 3: Application

3.3.9    Member this Part applies to

3.3.10    Member this Part does not apply to

Division 2: Category A Bonus

3.3.11    Eligibility for a category A bonus

3.3.12    Category A bonus – bonus amount

3.3.13    Category A bonus – agreed period of service

3.3.14    Category A bonus – bonus condition

Division 3: Category B Bonus

3.3.15    Eligibility for a category B bonus

3.3.16    Category B bonus – bonus amount

3.3.17    Category B bonus – agreed period of service

3.3.18    Category B bonus – bonus condition

Division 4: Payment, recovery and cessation of a bonus

3.3.19    Payment of a retention bonus

3.3.20    Payment of a completion bonus

3.3.21    Repayment and cessation of a retention bonus

3.3.22    Cessation of eligibility for a completion bonus

Part 4: Continuation bonus

Division 1: General provisions

Subdivision 1: Interpretation

3.4.1    Purpose

3.4.2    Definitions

3.4.3    Valid offer

3.4.4    Valid acceptance

3.4.5    Commencement day of an agreed period of service

Subdivision 2: Effective service

3.4.6    Effective service – member not subject to a flexible service determination

3.4.7    Effective service – member subject to a flexible service determination

Subdivision 3: Application

3.4.8    Member this Part applies to

3.4.9    Member this Part does not apply to

Division 2: Eligibility for the continuation bonus

3.4.10    Eligibility to be offered a continuation bonus

3.4.11    Eligibility to accept a continuation bonus

Division 3: Payment, recovery and cessation of the continuation bonus

3.4.12    Payment of the continuation bonus

3.4.13    Cessation of eligibility for the continuation bonus

3.4.14    Repayment of the continuation bonus

Part 5: Reserve capability at short-notice

Division 2B: Reserve capability completion bonus – capability at shortnotice

3.5.14G    Purpose

3.5.14H    Member eligible for Reserve capability completion bonus

3.5.14I    Payment of the bonus

3.5.14IA    Recognised service

3.5.14J    Reduced payment of bonus

Part 6: Deliberately differentiated offer for members

3.6.1    Purpose

3.6.2    Definitions

3.6.3    Member this Part applies to

3.6.4    Situations that delay service

3.6.5    Considerations before an offer is made

3.6.6    Deliberately differentiated offer

3.6.7    How the offer is accepted

3.6.8    Member does not complete the period of agreed service

Annex 3.6.A: Deliberately differentiated offer form

Chapter 4: ADF allowances and reimbursements

Part 1: Higher duties allowance

Division 1: General provisions

4.1.1    Purpose

4.1.2    Definitions

4.1.3    Member this Part applies to

4.1.4    Member this Part does not apply to

Division 2: Eligibility

4.1.5    Eligibility for higher duties allowance

4.1.6    Rate of higher duties allowance

4.1.7    End of higher duties allowance

Division 3: Rate of higher duties allowance

4.1.8    Higher duties position within member’s pay schedule

4.1.9    Higher duties position outside member’s pay schedule

4.1.10    Higher duties within the Officer Aviation Pay Structure

4.1.11    Higher duties within the specialist career structure

4.1.12    Member performing duties of a Warrant Officer Class 1

4.1.13    Member to which salary nonreduction applies

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

4.1.15    Member performing duties of a corporal – Army

4.1.16    Member performing duties of a Brigadier or higher

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

Part 4: Location allowances

Division 1: ADF district allowance – general and rates

4.4.3    Purpose

4.4.4    Definitions

4.4.5    Members who are eligible

4.4.6    Members who are not eligible

4.4.7    Period of benefit

4.4.8    Grading of locations

4.4.9    Rate of allowance

Division 2: ADF district allowance – movement to or from remote location

4.4.11    Absence for temporary duty

4.4.12    On leave and returning to duty

4.4.13    Payment when not on duty

4.4.14    Primary service location changes from one remote location to another

4.4.15    Primary service location changes from a remote location to non-remote location

4.4.16    Member serving a period of detentions

Division 3: Port Wakefield allowance

4.4.17    Purpose

4.4.19    Benefit

4.4.20    Member not eligible

4.4.21    Absence from the Proof and Experimental Establishment at Port Wakefield

Division 4: Scherger allowance

4.4.22    Purpose

4.4.23    Member who is eligible

4.4.23A  Member not eligible

4.4.24    Rate of allowance

Division 5: Allowances for services in Antarctica – general provisions

4.4.25    Definitions

Division 6: Allowances for services in Antarctica – Antarctic allowance

4.4.29    Purpose

4.4.30    Member this Division applies to

4.4.31    Rate of allowance

4.4.32    Period of eligibility

4.4.33    Effect of receiving other allowances

4.4.34    Member on long service leave

4.4.35    Recreation leave after duty in Antarctica

Division 7: Allowances for service in the Antarctic – Common duties allowance

4.4.36    Eligibility

Division 8: Allowances for service in the Antarctic – Antarctic parity allowance

4.4.37    Purpose

4.4.38    Definitions

4.4.39    Member this Division applies to

4.4.40    Eligibility for allowance

Annex 4.4.A: Remote locations for ADF district allowance

Part 5: Meal allowance

4.5.2    Purpose

4.5.2A    Definitions

4.5.3    Member this Part applies to

4.5.4    Meal allowance not paid

4.5.6    Member who lives in

4.5.7    Member who lives out

4.5.9    Rates of allowance

Part 6: Additional benefits for star rank officers

4.6.1    Purpose

4.6.2    Member this Part applies to

4.6.4    Membership of airline club

4.6.5    Mobile telephones and hand held devices

4.6.7    Parking space or permit

Part 7: Victoria Cross for Australia representational duties

4.7.1    Purpose

4.7.2    Persons this Part applies to

4.7.3    Nominated family of member posthumously awarded

4.7.4    Expenses related to representational duties

4.7.5    Business class travel

4.7.6    Travel allowance

Part 8: Training payments

Division 1: General provisions

4.8.1    Definitions

Division 1A: Trainee’s dependant allowance

4.8.3    Purpose

4.8.5    Member this Division applies to

4.8.6    When this Division does not apply

4.8.6A    Applying for trainee’s dependant allowance and notification of change in expected income

4.8.7    Rate of benefit

4.8.8    Dual entitlement

Division 2: Medical residency – additional salary

4.8.9    Purpose

4.8.10    Members this Division applies to

4.8.11    Rate of additional payment

4.8.12    Payment for accrued leave

4.8.13    Conditions of entitlement

Division 3: Former medical or dental officer – refresher training

4.8.14    Purpose

4.8.15    Definition

4.8.16    Members this Division applies to

4.8.17    Conditions for refresher training payment

4.8.18    Amount of payment

Division 4: Australian Defence Force Academy learning materials

4.8.19    Purpose

4.8.20    Member this Part applies to

4.8.21    Learning materials

Division 5: In-service medical officers – refresher training

4.8.22    Purpose

4.8.23    Members this Division applies to

4.8.24    Conditions of training

4.8.25    Refresher training allowance

4.8.26    Expenses associated with training

Division 6: Army dental officer professional development scheme

4.8.27    Purpose

4.8.29    Member this Division applies to

4.8.30    Payment

4.8.31    Professional development activities

4.8.32    Calculation of the maximum

Part 9: Reserves

Division 1: Legal officer sessional fee

4.9.3    Purpose

4.9.4    Definitions

4.9.5    Members this Division applies to

4.9.6    Duties attracting a sessional fee

4.9.7    Sessional fee and Reserve salary

4.9.8    Amount of sessional fee

Division 2: Airfield Defence Guards (annual proficiency bonus)

4.9.9    Purpose

4.9.10    Members this Division applies to

4.9.11    Conditions of eligibility

4.9.12    Rate and date of eligibility

4.9.13    Preservation of eligibility on transfer

Division 3: Health support allowance – Reserves

4.9.14    Purpose

4.9.16    Health support allowance – Capability at short-notice

4.9.17    Health support allowance – Members on Reserve service

Division 4: Reserve service payment – infectious diseases

4.9.19    Member this Division applies to

4.9.20    Payments for periods of isolation associated with military service

4.9.21    Payment following a Defence activity

4.9.22    Payment for an inability to work a pattern of Reserve service

4.9.23    Payment for COVID-19

4.9.24    Periods of non-payment

Part 10: Life insurance – additional risk insurance

4.10.1    Purpose

4.10.2    Members eligible

4.10.3    Members not eligible

4.10.4    Amount of reimbursement

4.10.5    Timing of reimbursement

Part 11: Parking

4.11.1    Purpose

4.11.2    Contributions for parking and parking permits

Part 12: Operation COVID-19 ASSIST allowance

4.12.1    Purpose

4.12.2    Member this Part applies to

4.12.3    Operation COVID-19 ASSIST allowance

4.12.4    Allowance payable from

Chapter 5: Leave and absences

Part 1: General provisions

5.1.1    Purpose

5.1.1A    Definitions

Part 2: Leave for travel to restricted destinations

5.2.1    Purpose

5.2.2    Member this Part applies to

5.2.3    Definitions

5.2.4    Restriction on the grant of leave

5.2.5    Cancellation of leave in a restricted destination

Part 3: Medical absence from duty

5.3.1    Purpose

5.3.2    Member this Part applies to

5.3.2A    Member this Part does not apply to

5.3.3    How to apply for a medical absence

5.3.4    Medical absence without recommendation from a health professional

5.3.5    Medical absence on recommendation from a health professional

5.3.6    Refusal to grant a medical absence

5.3.7    Granting a medical absence without an application form

5.3.9    Payment of salary and allowances on a medical absence

5.3.10    Interaction between medical absence and other forms of leave

5.3.11    Travel for medical purposes

Part 4: Recreation leave

Division 1: General provisions

5.4.3    Purpose

5.4.4    Members this Part applies to

5.4.5    Members this Part does not apply to

5.4.6    Definitions

Division 2: Basic recreation leave

5.4.7    Purpose

5.4.8    Basic recreation leave credit

Division 3: Additional recreation leave

5.4.9    Purpose

5.4.11    How additional leave accrues

5.4.12    Maximum annual credit for sea service, field service, flight duties and special service

5.4.13    Sea service

5.4.14    Field service

5.4.15    Flight duties

5.4.16    Special service

5.4.17    Service in a remote location

Division 5: Purchased recreation leave

5.4.21    Purpose

5.4.22    Application to purchase recreation leave

5.4.23    Approval to purchase recreation leave

5.4.24    Payment

5.4.25    Credit of purchased recreation leave

5.4.26    Cancellation to the amount of purchased recreation leave

Division 6: Additional recreation leave for training ('trainee leave')

5.4.27    Purpose

5.4.28    Member eligible for trainee leave

5.4.29    Member on a flexible service determination

Division 7: Administration and payment for recreation leave

5.4.30    Purpose

5.4.31    How leave may be taken

5.4.32    Taking recreation leave

5.4.33A    Leave credits

5.4.34    Expiration of recreation leave credits ('leave lapsing')

5.4.35    Re-credit of recreation leave

5.4.36    Salary for recreation leave

5.4.37    Payment of allowances on recreation leave

5.4.38    Member seconded or attached for duty

5.4.39    How to apply for leave

Division 8: Payment or transfer of recreation leave credit

5.4.40    Purpose

5.4.41    Member this Division applies to

5.4.42    Definitions

5.4.43    Election for payment or transfer of leave credit

5.4.44    Payment to member for leave credit

5.4.44A    Payment to senior officer who transitioned for leave credit

5.4.45    Transfer of leave credits and payment to new Commonwealth entity

Annex 5.4.A: Remote locations within Australia — additional recreation leave

Part 5: Long service leave

Division 1: General provisions

5.5.1    Purpose

5.5.4    Member this Part applies to

5.5.5    Definitions

5.5.6    Administrative concepts

5.5.7    Applying for long service leave

Division 2: Entitlement to long service leave

5.5.8    Long service leave entitlement

5.5.9    Eligibility to take leave

5.5.10    Taking leave and long service leave credits

5.5.12    Re-credit of long service leave

Division 3: Accrual of service for long service leave

5.5.13    Accrued service

5.5.14    Prior Reserve service

5.5.15    Prior service

5.5.16    Overlapping prior service

5.5.17    Effect of part-time prior service

5.5.18    Periods that are not accrued service

5.5.19    Member's responsibilities

5.5.20    Working out the total period for a member’s long service leave credit

Division 4: Salary and allowances during long service leave

5.5.21    Salary during long service leave

5.5.23    DFRT allowances during long service leave

Division 5: Payment for, and transfer of, long service leave credits

5.5.24    Member this Division does not apply to

5.5.25    Eligibility for payment instead of long service leave

5.5.26    Calculation of the payment

5.5.27    Member on higher duties, temporary or acting rank

5.5.29    Transfer of long service leave credits

Part 6: Maternity leave

5.6.1    Purpose

Division 1: Overview

5.6.3    Summary

5.6.4    Definitions

5.6.5    Members this Part applies to

5.6.6    Required absence and maternity leave

5.6.7    Termination of pregnancy – overview

5.6.8    Leave without pay and maternity leave

5.6.9    Parental leave and maternity leave

5.6.10    Notice

5.6.11    How to apply for maternity leave

Division 2: Maternity leave entitlements

5.6.12    Purpose

5.6.13    Leave entitlement

5.6.14    Paid maternity leave

5.6.15    Maternity leave at half pay

5.6.16    Member on Reserve service

5.6.17    Second period of maternity leave

5.6.18    Access to other leave

5.6.19    Effect of unpaid maternity leave

5.6.20    Resuming duty

5.6.21    Resuming leave

Division 3: Required absence

5.6.23    Required absence

5.6.24    Period of required absence

5.6.25    Fitness for duty and the required absence

5.6.26    Continuing to perform duty during the required absence

5.6.27    Resuming duty during the required absence

Division 4: Member already on leave without pay

5.6.28    Member already on leave without pay

5.6.29    Cancelling the leave without pay

5.6.30    Required absence

5.6.31    Maternity leave

5.6.32    Discretion to vary

Part 7: Parental leave

Division 1: General provisions

5.7.1    Purpose

5.7.3    Member this Part does not apply to

5.7.4    Definitions

5.7.4A    How to apply for parental leave

5.7.4B    Limit on the amount of parental leave

5.7.4C    Dual serving parents

5.7.4D    Members subject to a flexible service determination

Division 2: Paid parental leave

5.7.4E    Member this Division applies to

5.7.5    Paid parental leave

Division 3: Special paid parental leave

5.7.6    Purpose of special paid parental leave

5.7.6A    Members this Division applies to

5.7.6B    Members this Division does not apply to

5.7.6C    Special paid parental leave – dual serving parent

5.7.6D    Special paid parental leave – other circumstances

5.7.6E    How special paid parental leave must be taken

5.7.6F    Special paid parental leave and effective service

Division 4: Unpaid parental leave

5.7.6G    Member this Division applies to

5.7.7    Unpaid parental leave

Part 8: War service leave

5.8.1    Purpose

5.8.3    Members this Part applies to

5.8.4    War service leave credit

5.8.5    Granting leave

5.8.6    War service leave and other leave

5.8.7    Debiting leave credit

5.8.9    Payment instead of leave — during ADF service

5.8.10    Payment instead of leave — leaving continuous full-time service

5.8.11    How to apply for war service leave

Part 9: Other leave with pay

Division 1: General provisions

5.9.3    Purpose

5.9.4    Member this Part does not apply to

5.9.5    Leave not to accrue under this Part

5.9.6    Member on a flexible service determination

5.9.7    How to apply for leave

Division 2: Personal leave

5.9.8    Purpose

5.9.9    Eligibility for personal leave

5.9.10    Limitations on personal leave

Division 3: Carer's leave

5.9.11    Purpose

5.9.12    Carer's leave

5.9.12A    Additional carer’s leave

5.9.12B    Additional carer’s leave – dual serving couples

Division 4: Special leave for private purposes

5.9.13    Member this Division applies to

5.9.14    Special leave for private purposes

Part 10: Leave without pay

5.10.3    Purpose

5.10.4    Grant of leave without pay

5.10.5    Leave without pay to accompany partner on posting

5.10.5A    Leave without pay to attend a court or tribunal proceeding

5.10.6    Allowances during leave without pay

5.10.7    Effects on other conditions of service – summary

5.10.8    Payment of charges

Part 11: Short absence

Division 1: Short absence for rest and recovery

5.11.3    Purpose

5.11.5    Approval of absence

5.11.7    Short absence relating to Service event or activity

Division 2: Short absence for removal purposes

5.11.8    Purpose

5.11.9    Approval of absence

5.11.10    Conditions on grant of absence

Division 2A: Short absence – not required for duty

5.11.10A    Purpose

5.11.10B    Short absences – not required for duty

Division 3: Short absence – Infectious diseases

5.11.11    Purpose

5.11.13    Member this Division applies to

5.11.13A    Member this Division does not apply to

5.11.14    Short absence from duty – isolation

5.11.15    Short absence from duty – supervision

Division 4: Short absence – supervision of children

5.11.16    Purpose

5.11.16A    Definitions

5.11.17    Member this Division applies to

5.11.18    Short absence from duty – school and child care attendance

Division 5: Short absence – examination attendance

5.11.19    Short absence to attend an exam

5.11.20    Limitations

Division 6: Short absence – travel

5.11.21    Purpose

5.11.22    Member this Division applies to

5.11.23    Short absence for travel

5.11.24    Calculation of the duration of travel

5.11.25    Limitations for members serving in the Navy

Division 7: Short absence – pre-deployment

5.11.26    Purpose

5.11.27    Short absence before a deployment

5.11.28    When short absence before a deployment can be taken

Division 8: Short absence – civilian court proceedings

5.11.29    Member this Division applies to

5.11.30    Short absence for court appearances

Division 9: Short absence – command directed

5.11.31    Purpose

5.11.32    Short absence directed by command

Part 12: Public holidays – Australia

5.12.1    Public holidays

5.12.2    Substitution of public holidays

5.12.3    Christmas stand-down

Part 13: Cancellation of, or recall from, leave

5.13.1    Purpose

5.13.2    Basis

5.13.4    Member is recalled from housing benefit location

5.13.5    Member is temporarily recalled from leave location

5.13.6    Costs if a member is recalled from holiday location

5.13.7    Costs if a member's leave is cancelled before it starts

5.13.8    Claiming reimbursement

5.13.9    Re-credit of leave

 

 

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

 

The following abbreviations apply in Chapters 1 to 17.

 

ADF means the Australian Defence Force.

 

APS means the Australian Public Service.

 

CDF means the Chief of the Defence Force.

 

DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.

 

DFRT means the Defence Force Remuneration Tribunal.

 

MSBS means the Military Superannuation and Benefits Scheme.

 

UK means the United Kingdom.

 

USA means the United States of America.

 

VCDF means the Vice Chief of the Defence Force.

1.

Defence Determination 2016/19, 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.

1.

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

2.

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

3.

The following classes of members are on continuous full-time service for the purposes of this Determination.

 

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.

 

Some benefits in this Determination may be provided to the family members of a member.

1.

The definitions under Part 3 applies to each use of the term throughout Chapters 1 to 17, unless specified otherwise.

2.

To avoid doubt, definitions in 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.

 

If an approved form is specified in relation to a benefit, the member must complete and submit the approved form in accordance with any instructions on it.

1.

This Determination may make reference to rules in other instruments. Subsection 2 applies to any of the following instruments.

 

a.

Acts of parliament.

 

b.

Provisions of legislative instruments covered by subsection 14(3) of the Legislation Act 2003.

 

c.

Determinations of the Defence Force Remuneration Tribunal made under section 58H of the Defence Act 1903.

Note:  Subsection 58B(1A) of the Defence Act 1903 provides that paragraph 14(1)(a) of the Legislation Act 2003 applies to these determinations. This means the provisions may be referenced as they were in force on a particular date or from time to time.

2.

Both the following apply to instruments listed in subsection 1.

 

a.

If a date is specified, the reference is to the rules that were in force on that date.

 

b.

If no date is specified, the reference is to the rules that are in force from time to time.

1.

For the purpose of the Australian Privacy Principles, as provided in schedule 1 of the Privacy Act 1988, Defence is authorised to collect, use and disclose personal information and sensitive information necessary or required for the administration of benefits provided to a member under this Determination and salary and allowances provided under Determinations made by the DFRT.

2.

For the purpose of clarity, the administration of benefits includes, but is not limited to, the following:

 

a.

The granting of benefits.

 

b.

Reviewing decisions made with respect to benefits.

 

c.

Conducting audits of benefits provided to a member.

 

d.

Providing advice about the availability of benefits.

3.

For the purpose of the Australian Privacy Principle 8, as provided in schedule 1 of the Privacy Act 1988, Defence is authorised to disclose personal information and sensitive information to an overseas recipient as necessary or required for the administration of benefits provided to a member under this Determination.

 


 

Accompanied resident family means recognised family to whom section 1.3.14 applies.

 

Adult child means a person who meets all of the following.

 

a.

They are between 21 years old and 25 years old.

 

b.

Immediately before turning 21 years old, they were resident family of a member.

 

c.

Since turning 21 years old, they have continued to live with the member or an adult who is recognised as resident family of the member.  

 

Act means the Defence Act 1903.

 

Allowance includes an allowance determined under section 58B or section 58H of the Act, unless expressly stated otherwise.

 

Approved form means a form approved by the Assistant Secretary People Policy and Employment Conditions by notifiable instrument.

 

Baggage, for service within Australia, means one of the following.

 

a.

Personal possessions that either accompany the member or are sent unaccompanied by public transport.

 

b.

For the purpose of a removal, includes furniture and effects that the member has chosen not to be carried by a contracted removalist.

 

Breakdown of a relationship occurs when a person ceases to be a partner.

Note: Subsection 1.3.36 provide the rule on when a person ceases to be a partner.

 

Calendar month has the same meaning as in section 2B of the Acts Interpretation Act 1901.

 

Capital city includes the metropolitan area of a capital city of a State or Territory.

 

CDF means the Chief of the Defence Force.

Note:  The CDF may authorise another person to act on their behalf.

 

CDF recognised partner has the same meaning given by section 1.3.38.

 

Ceasing continuous full-time service includes all of the following.

 

a.

All forms of termination of service, such as on retirement, retrenchment, and on completing a specified period of service.

 

b.

The transfer of service from the Permanent Forces.

 

c.

Ending a period of continuous full-time service as a member of the Reserves.

 

Child has the same meaning given by section 1.3.35.

 

Close relative has the same meaning given by section 1.3.2.

 

Commonwealth includes a Commonwealth body, as defined in section 9 of the Corporations Act 2001.

 

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.

Note:  It does not matter whether or not the medical officer lives in accommodation provided by the hospital.

 

Continuous fulltime service is service performed by a member of the Permanent Forces, or a period of service by a member of the Reserves for which they are paid the annual rate of salary.

 

Couple means a member and their partner.

 

A reference to custody is a reference to civil custody in the absence of a finding of guilt under a Commonwealth law (other than the Defence Force Discipline Act 1982), a State or Territory law, or a foreign law.

Note: Custody does not include military custody.

 

De facto relationship has the same meaning given by section 1.3.39.

 

Defence Regulation means the Defence Regulation 2016.

 

Deployment means overseas service by a member who is force assigned with an ADF deployment, a United Nations’ mission or a similar force on any of the following.

 

a.

Warlike deployment.

 

b.

Non-warlike deployment.

 

c.

Peacetime deployment.

 

Detention means a punishment of detention imposed on a member who has been convicted of a Service offence under the Defence Force Discipline Act 1982.

 

DFRT allowance means any relevant allowances, as defined under section 58F of the Act, which is paid on a fortnightly basis.

 

Doctor means a health professional who is a medical practitioner, including an ADF medical officer, registered under the law of a State or Territory.

 

Dual entitlement means a benefit that is payable to both member and their partner, which is also a member in the same circumstances.

 

Dual serving couple means two members of the Defence Force who are partners of each other.

 

Effective date of posting means whichever is the later of the following.

 

a.

The commencement date as specified in the member's posting order.

 

b.

The date the member actually starts duty at their new primary service location.

 

Emergency means an event that causes, or threatens to cause, any of the following on a Defence establishment.

 

a.

Death of, or injury or other damage to the health of, any person.

 

b.

Destruction of, or damage to, any property.

 

c.

Disruption to essential services.

 

Note: This is not limited to naturally occurring events (such as earthquakes, floods or storms), but  would, for example, include fires, explosions, accidents, epidemics, pandemics, emissions of               poisons, radiation or other hazardous agents, hijacks,               sieges, riots, acts of terrorism and               hostilities by an enemy.

 

Employment means paid work that includes full-time or part-time work, casual work or selfemployment, but does not include volunteering activities.

 

Engine capacity – rotary engine means the displacement of the engine, or the rotor comprising the engine, according to the specifications of the engine issued by the manufacturer of the vehicle, which is any of the following 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.

 

Equivalent rank has the same meaning given by section 1.3.40.

 

Evacuation order means an order given by the Senior ADF Officer of a Defence establishment in response to an emergency to evacuate the establishment.

 

Extended housing benefit location has the same meaning given by section 1.3.11.

 

Family and Domestic violence means violent, threatening or other abusive behaviour by a close relative of a member, a member of the member’s household, or a current or former intimate partner of the member, that does any of the following.

 

a.

It seeks to coerce or control the member or a member of their household.

 

b.

It causes the member harm or to be fearful or a member of their household.

 

Family benefit location has the same meaning given by section 1.3.12.

 

Flexible service determination is a determination made under subsection 23(2) of the Act.

 

Fortnightly rate, in relation to an annual rate of allowance provided under this Determination, means the amount calculated using the formula in subsection 3.2.7.3.

 

Gaining location means the housing benefit location in relation to a member’s primary service location.

 

Guardian or housekeeper means a person who is an adult the CDF is satisfied is acting as a guardian or housekeeper for a member who has a child who is resident family and any of these other conditions are met.

 

a.

The member has no partner.

 

b.

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

 

b.

The member's partner is either a member serving at another primary service location or a non-Service partner living away from the family home.

 

Hardship location has the same meaning given by section 12.3.1.

 

Health professional, for the purpose of a medical absence, means any of the following.

 

a.

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

 

b.

Any of the following professionals authorised by the Surgeon General Australian Defence Force to perform an extended role.

 

 

i.

Nursing Officer.

 

 

ii.

Nurse Practitioner.

 

 

iii.

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

 

 

iv.

Clinical Manager (CM).

 

Housing benefit location has the same meaning given by section 1.3.10.

 

Imprisonment means a punishment of imprisonment imposed on a member who has been convicted of an offence by any of the following judicial, or quasijudicial body as defined in section 3 of the Defence Force Discipline Act 1982.

 

a.

A service tribunal.

 

b.

A civil court.

 

c.

A court of another country.

 

Initial minimum period of service means the period of service a member must serve following enlistment or appointment, which may result in a service obligation debt under regulation 25 of the Defence Regulation if not completed.

 

Isolation period, in relation or in response to a public health emergency, means the period a person is required to isolate themself.

Note:  An isolation period may also be known as a quarantine period.

 

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, but does not include an officer who is a Judge of a court with, or vested with, federal jurisdiction under section 71 of the Commonwealth Constitution or a Judge of a court with State or Territory jurisdiction.

 

Living-in accommodation means any of the following forms of accommodation.

 

a.

A barracks or similar kind of residential accommodation owned or controlled by the Commonwealth and provided primarily for the use of members who have no resident family.

 

b.

Those which are described in paragraph a. that a foreign government or other organisation contracted by the Commonwealth provides.

 

c.

Those provided by a hospital for a medical officer to occupy during a period of compulsory residency.

 

d.

Those provided by a seminary or theological college for a Chaplain to occupy when undertaking training at the seminary or theological college.

 

e.

Those provided by an educational institution for a Maritime Spiritual Wellbeing Officer to occupy when undertaking compulsory post-graduate work experience at the institution.

 

Live-in carer, in relation to a member, means a person the CDF is satisfied meets all of the following apply.

 

a.

The person provides care for the member.

 

b.

The member is required to have the person live with them as a part of the member's rehabilitation plan.

 

Living out means not occupying a living-in accommodation.

 

Location of residence, for service  within Australia, has the same meaning given by section 1.3.13.

 

Longterm posting means one of the following.

 

a.

For duty within Australia – a period of duty that the member's Service has directed to be for more than 6 months.

 

b.

For duty overseas – has the same meaning given in section 12.3.10.

 

Losing location means one of the following.

 

a.

For a member who has accompanied resident family and no unaccompanied resident family on their first removal after joining or re-joining the Permanent Forces — the location in Australia of the current or last permanent home of the resident family when they joined or re-joined.

 

b.

For a member who has no resident family — the location in Australia to which they were last granted a removal.

 

c.

For any other member — the location in Australia they were last granted a removal for their resident family.

 

Meal costs, include compulsory service charges and taxes, such as GST, and excludes voluntary tips and alcoholic drinks.

 

Meal period means 1 hour beginning at any of the following times.

 

a.

0700 hours for breakfast.

 

b.

1300 hours for lunch.

 

c.

1900 hours for dinner.

 

Medical absence means the period for which a member is granted leave under Chapter 5 Part 3 to be absent from duty for health reasons.

 

Member has the same meaning given under the Act.

Note 1:  Under section 4 of the Act, member includes an officer, sailor, soldier and airman. Under section 58A of the Act, member also includes a person who has ceased to be a member, whether by reason of death or otherwise.

Note 2:  Section 1.2.2 restricts the application of Chapters 1 to 17 to existing ADF members on continuous full-time service, unless a provision makes it clear that the provision applies to members on Reserve service, or former members.

 

Member undergoing recategorisation training has the same meaning given by section 1.3.3.

 

Month has the meaning given in section 2G of the Acts Interpretation Act 1901.

 

Non-resident family means recognised family who are not accompanied resident family or unaccompanied resident family.

 

Non-Service partner is a member's partner who is not a member.

 

Non-warlike service means any of the following.

 

a.

Service with the Defence Force that is of a kind determined to be non-warlike service under section 5C of the Veterans’ Entitlements Act 1986.

 

b.

Service with a peacekeeping force, as published in the Gazette, as a Peacekeeping Force under section 68(1) of the Veterans’ Entitlements Act 1986.

 

c.

Service with the Defence Force that is of a kind determined to be nonwarlike service under section 6 of the Military Rehabilitation and Compensation Act 2004.

 

Nonworking period in relation to a flexible service determination, means the period that is not the member's pattern of service.

 

Normal departmental liability has the same meaning given by section 9.1.7.

 

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

 

Operational area means any of the following.

 

a.

For overseas service on a warlike or non-warlike deployment, means the specified area in column B of the table in section 17.7.6.

 

b.

For overseas service on a peacetime deployment, means the specified area that has been approved by the CDF.

 

c.

For overseas service other than a deployment, has the meaning given in section 6 of the Veterans’ Entitlements Act 1986.

 

Own home has the same meaning given by section 7.1.14.

 

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

 

Partner has the same meaning given by section 1.3.36.

 

Pattern of Reserve service means the periods that a member of the Reserves has agreed with their supervisor the member would attend for duty.

 

Pattern of service means the hours of duty or periods of duty prescribed under a flexible service determination.

 

Pay grade means the pay grade for a member under DFRT Determination No. 2 of 2017, Salaries.

 

Pay to the Commonwealth, in relation to a debt or liability to the Commonwealth that a member incurs, means a member's obligation to pay (or repay) money to the Commonwealth.

 

Peacetime deployment means a deployment overseas that meets all of the following.

 

a.

It is not a warlike or non-warlike deployment.

 

b.

It has been approved by the CDF as a peacetime deployment.

 

Period of prospective service has the same meaning as in section 30(1) in Part 8 of the Military Superannuation and Benefits Act 1991, as repealed by Act No. 135 of 1991 and preserved by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005.

 

Posting period, for service within Australia, has the same meaning given by section 1.3.4.

 

Primary emergency contact, for the purpose of notifying the family of a member assigned a casualty status, means an adult who is usually in the member's family nominated as the first contact.

 

Primary service location has the same meaning given by section 1.3.9.

 

Private Proficient, in relation to salary, means a Private eligible to be paid salary as a Private Proficient.

 

Private vehicle means a motor vehicle registered in the name of the member or their resident family that is not a recreational or hobby vehicle.

 

Public holiday has the meaning given in the following.

 

a.

In relation to a member performing duty in Australia – section 5.12.1.

 

b.

In relation to a member performing duty overseas – section 15.1.10.

 

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

 

Quarantine residence means a residence, or other form of accommodation, provided for the purpose of undertaking an isolation period (or quarantine period).

 

Rank, which is not an honorary rank, includes the following unless otherwise specified:

 

a.

For a Chaplain – division.

 

b.

For a Maritime Spiritual Wellbeing Officer – class.

 

Note: Section 1.3 40 provides for equivalent ranks.

 

Recognised family means any of the following

 

a.

A member’s partner.

 

b.

A child of the member or the member’s partner.

 

Recognised other person has the same meaning given by section 1.3.37.

 

Refitting port means the port where a seagoing ship or seagoing submarine refit that is not the ship's home port.

 

Remote location means a location listed in the following.

 

a.

For the purpose of ADF district allowance – Annex 4.4.A.

 

b.

For the purpose of additional recreation leave – Annex 5.4.A.

 

Removal means a removal by a Commonwealth removalist.

 

A person is required to isolate if one of the following apply.

 

a.

If the person is in Australia – under a law of any of the following.

 

 

i.

A State or Territory.

 

 

ii.

A foreign government – before leaving Australia to begin or continue a longterm posting or short-term duty in that foreign government’s jurisdiction.

 

b.

If the person is, or accompanying a member, on a long-term posting overseas or short-term duty overseas – under a law of a State or Territory, or a law of a foreign government.

 

Note: Isolation may also be known as quarantine.

 

Reserve service means a period of service performed by a member of the Reserves that is not continuous full-time service.

 

Resident family means any of the following.

 

a.

Accompanied resident family.

 

b.

Unaccompanied resident family.

 

Restricted destination means any of the following.

 

a.

Afghanistan.

 

b.

Democratic People’s Republic of Korea.

 

c.

Iraq.

 

d.

South Sudan.

 

e.

Syria.

 

f.

Yemen.

 

g.

A country, or a part of it, listed by the Department of Foreign Affairs and Trade with an advice level of ‘Do not travel’.

 

Retirement age has the same meaning as under regulation 23(4) of the Defence Regulation.

 

Return of service obligation, in relation to specified training, education, experience or special duties, means the period of service that a member is required to complete, which if not completed may result in a service obligation debt under regulation 25 of the Defence Regulation.

 

Salary means salary paid or payable under DFRT Determination No. 2 of 2017, Salaries, as amended from time to time.

 

Seagoing ship means any of the following.

 

a.

A ship or vessel in commission in the service of the Royal Australian Navy.

 

b.

Another ship or other vessel approved by the CDF that is under the direction of the Commonwealth or a foreign government.

 

Seagoing submarine means any of the following.

 

a.

A submarine in commission in the service of the Royal Australian Navy.

 

b.

Another submarine approved by the CDF that is under the direction of the Commonwealth or a foreign government.

 

Serious illness has the same meaning given by section 1.3.5.

 

Service location has the same meaning given by section 1.3.8.

 

Service residence means a residence provided to a member under Chapter 7 Part 6.

 

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

 

Ship's home port means the port from which the seagoing ship or seagoing submarine regularly operates for a period of more than 1 year.

 

Shortterm duty has the same meaning given in section 12.3.18.

 

Special needs has the same meaning given by section 1.3.6.

 

Suitable accommodation has the same meaning given by section 1.3.7.

 

Trainee means a new member of the ADF who meets all of the following.

 

a.

They receive salary under Schedule B.13 of the Schedule to the DFRT Determination No. 2 of 2017, Trainee salary rates.

 

b.

They are not a member undergoing recategorisation training.

 

Training commitment means an obligation under regulation 27 of the Defence Regulation for a member of the Reserves to render service for the purpose of undertaking training.

 

Travel card means a charge card that the Department of Defence provides to a member to pay accommodation, meal and incidental costs.

 

Unaccompanied resident family means recognised family to whom 1.3.20 applies.

 

Unpaid leave means any of the following.

 

a.

Leave without pay.

 

b.

Unpaid maternity leave.

 

c.

Unpaid parental leave.

 

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

 

Warlike service means service with the Defence Force that is of a kind determined under any of the following.

 

a.

Section 5C of the Veterans’ Entitlements Act 1986.

 

b.

Section 6 of the Military Rehabilitation and Compensation Act 2004.

1.

Close relative of a member means any of the following people.

 

a.

Recognised family of a member.

 

b.

The member’s parent, brother, sister, child, partner.

 

c.

The parent or child of the member's partner.

 

d.

If the member's partner is also a member, recognised family of the member's partner.

 

e.

Any other person approved by the CDF as a close relative of any of the following people.

 

 

i.

The member.

 

 

ii.

The member’s partner

2.

For the purpose of paragraph 1.e the CDF must consider all the following.

 

a.

Any kinship obligations or child-rearing practices of the member’s traditional culture.

 

b.

Any other relevant factor.

3.

In this section, child means a child of the member, regardless of age.  

 

Member undergoing recategorisation training means a member who meets both of the following circumstances.

 

a.

They commence training in a capacity listed in Schedule B.13 to DFRT Determination No. 2 of 2017, Salaries.

 

i.

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

 

ii.

For members on Reserve service — 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. 2 of 2017, Salaries, other than Schedule B.13.

 

Note 1:  These members are eligible for salary non-reduction under section 3.2.25.

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 as defined in section 1.3.1.

1.

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

Note: Posting period for a member on a long-term posting overseas is defined in section 12.3.16.

2.

The member’s duty begins on any of the following days that they arrive at the location.

 

a.

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

 

b.

The last day of their paid leave before the day they begin duty.

 

c.

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

3.

If the member’s resident family are granted a removal to the member’s housing benefit location and arrive there before the member, the posting period starts on the day their resident family arrive.

4.

The member’s duty ends on any of the following days that they leave the location.

 

a.

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

 

b.

The last day of their 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.

If the member’s resident family are granted a removal from the housing benefit location and depart after the member, the posting period ends on the day their resident family depart.

6.

In deciding whether 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 of the following.

 

a.

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

 

b.

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

 

c.

The availability of rental accommodation at the location.

 

d.

Any other factor relevant to the posting.

 

Note:  The specific provisions in other Chapters regarding the start and stop of particular benefits override this definition.

 

Serious illness has the following meanings.

 

Item

Seriously ill person

Severity of illness or injury

1.

A member’s close relative under the following.

a. For the purpose of personal leave for compassionate reasons – Chapter 5 Part 9 Division 2.

b.  For the purpose of travel for personal leave for compassionate reasons – Chapter 15 Part 3 Division 6.

Life endangerment.

2.

A member under the following Australians dangerously ill scheme.

a. Within Australia – Chapter 9 Part 3 Division 9.

b. Overseas – Chapter 17 Part 4.

Any or all of the following.

a. Life endangerment.

b. Significant disablement.

c.  Material impact on future life.

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

1.

Subject to subsection 2, special needs in relation to one of the following, means a person who the CDF is satisfied has a condition set out in column A of the following table that has been assessed or recognised by the person in column B of the same item.

 

a.

The member’s resident family.

 

b.

A person who has an interdependent relationship with the member under paragraph 1.3.37.1.d.

 

Item

Column A

Condition

Column B

Person who must assess or recognise the condition.

1.

Physical.

A specialist medical practitioner.

2.

Intellectual.

3.

Sensory.

4.

Multiple impairments.

5.

Medical condition, illness or disability.

6.

Speech or language disorders.

One of the following.

a. A specialist medical practitioner.

b. A paramedical practitioner.

7.

Social, emotional or behavioural.

8.

Specific learning difficulties.

One of the following.

a. A specialist medical practitioner.

b. A psychologist.

9.

They are academically gifted or talented and have achieved a score at or about the 95th percentile on either of the following.

a. Any individual or group IQ test.

b. A subscale of an individual IQ test.

A psychologist with qualification and experience in assessing children.

 

2.

A member must apply for recognition special needs using the approved form.

3.

A person ceases to have special needs if the circumstances on which the member’s application was approved changes.

Note:  A person may still be recognised as resident family or as a recognised other person if they cease to have special needs recognised.

 

Suitable accommodation means accommodation that meets all of the following.

 

a.

It is in the member's housing benefit location.

 

b.

It can accommodate the member, any resident family, and any recognised other persons.

 

c.

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

 

d.

It is available within a reasonable time.

 

e.

Accommodation that, in relation to the member’s situation in column A of the following table, is a type of accommodation listed in column B of the same item.

 

Item

Column A

Member situation

Column B

Type of accommodation

1.

They are one of the following.

a. A member with accompanied resident family.

b. A member who has no resident family but who has an adult child.

Any of the following.

a. The member’s suitable own home.

b. A suitable Service residence.

c. A home for which rent allowance is payable.

2.

The member has unaccompanied resident family.

1. For the member, any of the following.

a.  Suitable livingin accommodation.

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

c.  A surplus Service residence.

d.  Accommodation provided under Chapter 7 Part 7.

e.  An appointment, tied or assigned Service residence under Chapter 7 Part 6 Division 6.

2. For the unaccompanied resident family the accommodation that was approved as suitable for them to live in at the family benefit location.

3.

The member meets all the following.

a. They are a member with unaccompanied resident family.

b. They have unaccompanied resident family at a location that is not a family benefit location.

Any of the following.

a. Suitable livingin accommodation.

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

c. A surplus Service residence.

d. Accommodation provided under Chapter 7 Part 7.

4.

A member who has no resident family.

Any of the following.

a. The member’s suitable own home.

b. Suitable livingin accommodation.

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

d. A surplus Service residence.

e. Accommodation provided under Chapter 7 Part 7.

f. An appointment, tied or assigned Service residence under Chapter 7 Part 6 Division 6.

 

 

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

 

Service location means any of the following.

 

a.

If the member is on continuous full-time service, the location where the member is normally expected to provide capability under any of the following.

 

 

i.

A posting order.

 

 

ii.

An alternate located work agreement.

 

 

iii.

A transition location (general) agreement.

 

 

iv.

A transition location (medical) agreement.

 

b.

If the member is posted to any of the following, the ship’s or submarine’s home port.

 

 

i.

A seagoing ship.

 

 

ii.

A seagoing submarine.

 

 

iii.

A flight liable to embark on a seagoing ship.

 

c.

If the member is on Reserve service, the location where they are expected to provide capability on the day they provide reserve service.

 

Primary service location means one of the following.

 

a.

If the member only has one service location, the service location.

 

b.

If the member has more than one service location, the location specified in any of the following agreements as the member’s primary service location.

 

 

i.

The member’s alternate located work agreement.

 

 

ii.

The member’s transition location – general agreement.

 

 

iii.

The member’s transition location – medical agreement.

 

c.

If the member is a member on reserve service, one of the following.

 

 

i.

If the member is required to perform duty from multiple service locations from the same posted position — the location where they are expected to provide the majority of their capability in the financial year.

 

 

ii.

For any other member — the location of the position they are posted to.

 

Housing benefit location, in relation to a member, means any of the following.

 

a.

Any area that is within 30 km from the member’s primary service location that can be travelled by vehicle on a public road.

 

b.

Any area in which a member can travel by public transport in 150 minutes from the member’s primary service location and return for the purpose of commencing duty and returning home after ceasing duty.

 

c.

An extended housing benefit location under section 1.3.11.

 

d.

If a Service residence has been provisioned for the member’s primary service location in an area that does not meet paragraph a, b or c, the location of the Service residence.

 

e.

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

 

Extended housing benefit location for a member means an area extending the housing benefit location described in paragraphs 1.3.10.a. and b. that meets both of the following.

 

a.

The extension of the housing benefit location has been requested by the member.

 

b.

The CDF is satisfied that the member’s attendance at their primary service location will not be adversely affected any additional travelling time to their primary service location as a consequence of extending the member’s housing benefit location  

1.

Family benefit location means any of the following that is not in the member’s housing benefit location.

 

a.

If a member is one of the following — the location to which their resident family received a removal under this Determination.

 

 

i.

The member has unaccompanied resident family and no accompanied resident family.

 

 

ii.

The member is posted to a seagoing ship or submarine.

 

 

iii.

The member has accompanied resident family and no unaccompanied resident family and is deployed for 6 months or longer.

 

b.

If the member was recruited from overseas and has unaccompanied resident family and no accompanied resident family — the location of the member's resident family’s first Australian home.

 

c.

If all of the following apply — the location the member’s resident family lives.

 

 

i.

The member has unaccompanied resident family.

 

 

ii.

Before the member had an unaccompanied resident family the member had an accompanied resident family.

 

 

iii.

The unaccompanied resident family remain in the location where they were the member’s accompanied resident family.

2.

Despite subsection 1.c, family benefit location does not include the location the member’s resident family live if all the following are met.

 

a.

Before the member had an unaccompanied resident family the member had an accompanied resident family.

 

b.

During the period the member had accompanied resident family they lived in a location (the alternate location) which was approved under an Alternate located work agreement.

 

c.

Before the member’s alternate located work agreement was approved, the member’s resident family did not live in the alternate location.

 

Location of residence, for service within Australia, means the area comprising of all of the following.

 

a.

The area that is within 30 km from the member’s residence that can be travelled by vehicle on a public road.

 

b.

The area in which a member can travel by public transport in 150 minutes from the member’s residence and return.


 

A person is accompanied resident family of a member if all of the following apply.

 

a.

The person meets the definition of recognised family under section 1.3.1.

 

b.

The member has applied for recognition of the person as accompanied resident family on the approved form.

 

c.

One of the following apply.

 

 

i.

The person meets the criteria for a type of accompanied resident family in Subdivision 2: Types of accompanied resident family

 

 

ii.

The person is accompanied resident family of a dual serving couple under Subdivision 5: Dual serving members.

 

A person does not ceases to be accompanied resident family of a member if they are temporarily separated from the member due to one of the following reasons.

 

a.

Service reasons.

 

b.

The member or their partner has an illness or infirmity which prevents them from living together.

 

c.

A circumstance in which the CDF is satisfied of the following. 

 

 

i.

The reason for the temporary separation is unforeseen.

 

 

ii.

The separation is genuinely temporary.

 

 

iii.

The person intends to permanently re-join the member within a reasonable timeframe.

 

A partner of a member is accompanied resident family of a member if they meet any of the following.

 

a.

They live in a home with the member on a permanent basis.

 

b.

They are reasonably expected to live in a home with the member.

 

A child is accompanied resident family of a member if they are reasonably expected to live with the member for at least 90 nights in a year.

Note:  If a member is on a flexible service determination, the member’s nonworking period does not affect the 90 night period when the child stays with the member in the housing benefit location.

 

A child is accompanied resident family of a member if they are expected to live with the member at their housing benefit location for less than 90 nights a year and the CDF is satisfied that they are not able to meet section (Child 90+ nights) having regard to any of the following.

 

a.

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

 

b.

The member's access to the child.

 

c.

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

 

d.

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

 

e.

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

 

A child is accompanied resident family of a member if all of the following apply.

 

a.

The member has accompanied resident family.

 

b.

The child is absent from the member’s home only because they are undertaking full-time primary, secondary or undergraduate tertiary education.

1.

A person is unaccompanied resident family of a member if all of the following apply.

 

a.

The person meets the definition of recognised family under section 1.3.1

 

b.

The member has applied for recognition of the person as unaccompanied resident family on the approved form.

 

c.

One of the following apply.

 

 

i.

The person meets the criteria for a type of unaccompanied resident family in Subdivision 4: Types of unaccompanied resident family.

 

 

ii.

The person is unaccompanied resident family of a dual serving couple under Subdivision 5: Dual serving members.

2.

A member is eligible for the recognition of the resident family as unaccompanied resident family if all of the following apply.

 

a.

The member’s resident family are children.

 

b.

The CDF is satisfied that there is an appropriate recognised other person to care for the children.

 

Note:  ‘Child’ is defined in section 1.3.35.

 

Resident family cease to be unaccompanied resident family of a member if any of the following apply.

 

a.

The resident family no longer meets the criteria for a type of unaccompanied resident family in subdivision 4 of this Division.

 

b.

Subdivision 5 ceases to apply.

 

c.

The member commences a new posting.

 

d.

The CDF is satisfied that the member’s resident family no longer meet the purpose of being recognised as unaccompanied.

 

 

Note:  The CDF must inform the member of the decision.

 

Note: Nothing prevents the member from reapplying for recognition of a person as unaccompanied resident family.

 

Resident family is unaccompanied resident family if all of the following apply.

 

a.

The member commences a new posting.

 

b.

Immediately before commencing a new posting, one of the following applies.

 

 

i.

The resident family was accompanied resident family of the member.

 

 

ii.

The resident family was unaccompanied resident family.

 

c.

The member resides in their housing benefit location without any accompanied resident family.

 

Resident family is unaccompanied resident family if all of the following apply.

 

a.

Immediately before becoming unaccompanied resident family, the resident family was accompanied resident family of the member.

 

b.

The member meets all of the following.

 

 

i.

They are posted to a seagoing ship or seagoing submarine.

 

 

ii.

They are granted a removal for their resident family to a family benefit location under section 6.5.21.

 

 

iii.

They reside in their housing benefit location without any accompanied resident family.

 

Resident family is unaccompanied resident family if all of the following apply.

 

a.

The resident family meets all of the following.

 

 

i.

Immediately before becoming unaccompanied resident family, they were accompanied resident family of the member.

 

 

ii.

They move away from the member’s housing benefit location

 

b.

The member resides in their housing benefit location without any accompanied resident family.

 

Resident family is unaccompanied resident family if all of the following apply.

 

a.

The resident family meets all of the following.

 

 

i.

Immediately before becoming unaccompanied resident family, they were accompanied resident family of the member.

 

 

ii.

During the member’s deployment, they moved to a family benefit location or another location for family support.

 

b.

The member meets all of the following.

 

 

i.

On return from deployment, they do not commence a new posting in Australia.

 

 

ii.

They reside in their housing benefit location without any accompanied resident family.

 

A partner is unaccompanied resident family if all of the following apply.

 

a.

The CDF is satisfied that the member and their partner are not able to live together due to one of the following.

 

 

i.

Service requirements. 

 

 

ii.

Court orders relating to a child of the member or of the person.

 

 

iii.

Court orders relating to the safety and welfare of a person.

 

 

iv.

Compelling reasons that prevent the member and person from living together.

 

b.

The member resides in their housing benefit location without any accompanied resident family.

 

Recognised family is unaccompanied resident family if all of the following apply.

 

a.

The member meets all of the following.

 

 

i.

They were recruited from overseas.

 

 

ii.

They were moved to Australia at Commonwealth expense.

 

 

iii.

They reside in their housing benefit location without any accompanied resident family.

 

b.

The recognised family’s first home in Australia is not in the member’s housing benefit location.

1.

Resident family is unaccompanied resident family if all of the following apply.

 

a.

The CDF is satisfied that there are Service or compassionate reasons to recognise them as unaccompanied resident family, having regard to the following,

 

 

i.

The health and welfare of the member and their resident family.

 

 

ii.

Any other relevant matter.

 

b.

The member resides in their housing benefit location without any accompanied resident family.

2.

In making a decision under subsection 1, the CDF must also specify the duration in which the decision is to apply.

 

A child is unaccompanied resident family of a member if all of the following apply.

 

a.

The member has unaccompanied resident family.

 

b.

The child is absent from the member’s home only because they are undertaking full-time primary, secondary or undergraduate tertiary education.

 

c.

The member resides in their housing benefit location without any accompanied resident family.

 

This subdivision applies to a member (the first member) who meets all of the following.

 

a.

The member’s partner is also a member (the second member).

 

b.

The first member has a different housing benefit location than the second member.

 

If the member’s (the first member) only resident family is their partner (the second member) and the first member is nominated as having unaccompanied resident family, the following apply.

 

a.

The first member is accompanied resident family of the second member.

 

b.

The second member is unaccompanied resident family of the first member.

 

If one of the members does not live with any resident family (the first member) and the member’s partner lives with the resident family (the second member) the following apply.

 

a.

In relation to the first member, their resident family are unaccompanied resident family.

 

b.

In relation to the second member, their resident family are accompanied resident family.

 

If both members live with resident family and a member (the first member) is nominated as having unaccompanied resident family, the following apply.

 

a.

In relation to the first member, their resident family are unaccompanied resident family and they have no accompanied resident family.

 

b.

In relation to the member (the second member) not nominated as having unaccompanied resident family their resident family are accompanied resident family and they have no unaccompanied resident family.

 

For the purpose of section 1.3.31 and 1.3.33, the following apply.

 

a.

A nomination may be made by a member or their partner.

 

b.

If a nomination is not made, the senior member is taken to be nominated as having unaccompanied resident family.

 

c.

The classification of the resident family applies regardless of who they live with.

 


1.

A child of a member or their partner meets any of the following persons.

 

a.

A person under 21 years of age who meets one of the following.

 

 

i.

They are, or were before they turned 18 years old, a child of the member or the member’s partner for the purposes of Part 7 Division 1 Subdivision D of the Family Law Act 1975.

 

 

ii.

They are, or were before they turned 18 years old, the subject of a permanent care order issued by a court or statutory authority and placed in the member’s or the member’s partner’s care.

 

 

iii.

The decision maker is satisfied that they have joined the member’s household in anticipation of being placed in the member or the member’s partner’s care under a permanent care order issued by a court or statutory authority.

 

b.

The age limit in subsection 1 does not apply for a child who is an invalid or has a disability.

2.

For the purpose of this section, decision maker means any of the following not below MAJ(E) in the member's direct chain of command.

 

a.

A Commanding Officer.

 

b.

An Officer Commanding.

 

c.

A Unit Executive (Air Force only).

1.

Partner, in relation to a member, means a person who meets any of the following.

 

a.

They are in a registered relationship prescribed by the law of a State or Territory with the member.

 

b.

They are in a de facto relationship with the member.

 

c.

One of the following applies.

 

 

i.

They are married to the member under the Marriage Act 1961.

 

 

ii.

They are in a marriage with the member that is recognised under the Marriage Act 1961.

 

d.

A CDF recognised partner under section 1.3.38.

2.

A person ceases to be a partner if the CDF is satisfied that the person lives separately and apart from the member on a permanent or indefinite basis.

Note 1:  Living separately and apart from the member on a permanent basis is an indication of a breakdown in the relationship.

Note 2:  A member and their partner may cease to be partners even if they continue to reside in the same residence or that either party provides some household services to the other.

1.

Recognised other person, in relation to a member, means any of the following.

 

a.

An adult child.

 

b.

A live-in carer.

 

c.

A guardian or housekeeper.

 

d.

Subject to subsection 2, a person who has an interdependent relationship with the member if the CDF is satisfied the member and the person have a close personal relationship having regard to the following factors.

 

 

i.

The person has a permanent relationship with the member and provides them with a degree of emotional support.

 

 

ii.

The living arrangements of the person and if they will live with the member.

 

 

iii.

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

 

 

iv.

The financial support provided to the person by the member.

 

 

v.

The interdependent support and personal care provided to the member or the person.

2.

A person must not be recognised as being in an interdependent relationship under paragraph 1.d if the CDF is satisfied that any of the following circumstances apply.

 

a.

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

 

b.

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

 

c.

The person is a resident child carer living with the member's family but is not otherwise recognised family of the member.

 

CDF recognised partner means a person who meets one of the following.

 

a.

They meet all of the following.

 

 

i.

The person would be able to be recognised as being in a de facto relationship with the member if they were living together.

 

 

ii.

The member and the person are not able to live together due to Service requirements only. 

 

b.

The person would be in a de facto relationship if they lived with the member, but are unable to because of one of the following.

 

 

i.

Court orders relating to a child of the member or of the person.

 

 

ii.

Court orders relating to the safety and welfare of a person.

 

 

iii.

Compelling reasons that prevent the member and person from living together.

1.

De facto relationship means a relationship between two persons who are both at least 18 years old that is, in the CDF’s opinion, a de facto relationship.

Note:  De facto relationship is defined by section 2F of the Acts Interpretation Act 1901.

2.

A member must use the approved form to apply for recognition of a de facto relationship.

3.

A de facto relationship may be recognised under subsection 1 if the partners are temporarily separated due to one of the following reasons.

 

a.

Service reasons.

 

b.

The member or their partner has an illness or infirmity which prevents them from living together.

 

c.

A circumstance where the CDF is satisfied of the following. 

 

 

i.

The reason for the temporary separation is unforeseen.

 

 

ii.

The separation is genuinely temporary, and the CDF is satisfied that the person intends to permanently re-join the member within a reasonable timeframe.

 

Note:  This subsection cannot apply to a relationship where the couple have never lived together.

4.

To avoid doubt, an application may be approved in relation to a period immediately preceding the application date.

Note:  Approval of a past period may require adjustment of allowances and benefits and this may result in recovery action, with the member or their partner having to repay benefits to Defence or other Commonwealth agencies.

1.

A reference to an Army rank includes a reference to the equivalent of a rank in the Navy and Air Force as set out in Schedule 1 of the Act, unless specified otherwise.

2.

A reference to a rank in column A of the following table includes a Chaplain classification in column B or a Maritime Spiritual Wellbeing Officer classification in column C of the same item.

 

Item

Column A

Rank

Column B

Chaplain classification

Column C

Maritime Spiritual Wellbeing Officer classification

1.

Captain

Division 1

Class 1

2.

Major

Division 2

Class 2

3.

Lieutenant Colonel

Division 3

Class 3

4.

Colonel

Division 4

Class 4

5.

Brigadier

Division 5

Class 5

 

Time is expressed using a 24-hour clock system.

 

For the purpose of the Fringe Benefits Tax Assessment Regulations 2018, a dependant of a member means a person who is resident family of the member.

 

For the purpose of a determination made under section 58H of the Defence Act 1901, the following apply.

 

a.

A dependant of a member means a person who is resident family of the member.

 

b.

A member with dependants (unaccompanied) means a member who has unaccompanied resident family.

 

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

1.

A member must provide accurate information in their application.

2.

Defence may take into account information that a member's recognised family or recognised other person provides to ensure that correct benefits are provided in relation to the member's service.

3.

If a member has claimed a benefit, the CDF may from time to time ask the member to provide information about their relationships and living arrangements.

 

a.

This information is used to verify the relationships or living arrangements that affect eligibility.

 

b.

It may also be used to decide which category a member is in and what benefits they and any recognised family or recognised other person are eligible for.

4.

Giving false or misleading information is a serious offence.

 

Note 1: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents. The Criminal Code is a Schedule to the Criminal Code Act 1995.

Note 2: Section 56 of the Defence Force Discipline Act 1982 creates a military disciplinary offence for a false statement made in an application for a benefit.

1.

This section applies if a member, recognised family or a recognised other person meet both these conditions.

 

a.

They have qualified for a benefit.

 

b.

The circumstances on which they qualified for the benefit change.

2.

A person who applies for a benefit under this Determination is responsible for informing themselves about the benefit they are claiming.

3.

The member must notify their Commanding Officer in writing about the change within 14 days after it happens.

Exception: The CDF may accept a notice provided by the member on a later date if satisfied that the delay is reasonable.

Note: This requirement helps the Commonwealth prevent overpayments being made. If a member does not advise about changes, they may receive payments they are not entitled to, which would need to be repaid.

4.

The member must also provide a written notice of the change to the administrator of their type of housing assistance, within 14 days after it happens, as relevant.

 

a.

For living-in accommodation – Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) at the base where the member is required to live in.

 

b.

For a Service Residence – Defence Housing Australia.

 

c.

For rent allowance – Defence Housing Australia.

5.

A member must fill in and provide the approved form to their Commanding Officer as soon as practicable after any of the following events.

 

a.

The number of people in the member’s recognised family changes or recognised other person.

 

b.

The member is notified of a change of service location and it is reasonable to expect that any of the following may change in the new service location.

 

 

i.

The member has accompanied resident family.

 

 

ii.

The member has unaccompanied resident family and no accompanied resident family.

 

 

iii.

The member has no recognised family or other recognised persons.

1.

This section applies to a member not receiving salary for either of the following reasons.

 

a.

The member meets a condition under section A.1.4 of DFRT Determination No. 2 of 2017, Salaries.

 

b.

The member is on a nonworking period under the member's flexible service determination.

2.

Any unpaid contributions or payments are a debt to the Commonwealth. The Commonwealth may recover any unpaid contributions or payments.

Note: The Accountable Authority Instructions issued under Section 20A of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) provide guidance and relevant procedures relating to debt management to ensure officials can meet their obligations under the PGPA Act.

1.

This section 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.

Note: The Public Governance, Performance and Accountability Act 2013 recovery processes are usually used to do this.

1.

This section 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 section applies to a member who is eligible for the reimbursement of 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 4 years.

 

1.

This section applies if all the following are met.

 

a.

A member's partner is also a member.

 

b.

Both members are eligible for any of the following benefits at the same time or for the same event.

 

 

i.

Disturbance allowance.

 

 

ii.

Reimbursement for childcare on removal.

 

 

iii.

Assistance or reimbursement for home sale or purchase.

 

 

iv.

Reimbursement for loss on sale of furniture and effects.

 

 

v.

Reimbursement for loss on sale of a vehicle.

 

 

vi.

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

 

 

vii.

Reimbursement for education costs for a child under Chapter 8 Part 4.

 

 

viii.

Reimbursement in place of a child’s scholarship.

2.

This table sets out how the benefit is provided.

 

Item

If the members…

then the benefit is provided to
the member who…

1.

jointly nominate one of them to receive the benefit

is nominated.

2.

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

 

a. hold different ranks

has the higher rank

b. hold the same rank

has the greater seniority in the rank.

 

3.

If a member is eligible to receive a benefit listed in subsection 1 and the member’s partner is also eligible for a similar benefit not provided in Chapter 1 to 11 of this determination, the benefit payable to the member is reduced by the amount of the similar benefit.

1.

This section applies to a member not receiving salary for either of the following reasons.

 

a.

The member meets a condition under section A.1.4 of DFRT Determination No. 2 of 2017, Salaries.

 

b.

The member is on a flexible service determination — during their nonworking period.

2.

The member may nominate, in writing, their partner to pay contributions owed by the member if all of the following conditions are met.

 

a.

Their partner is also a member.

 

b.

Their partner has consented in writing to make the contributions on the member’s behalf.

 

Note 1: Their partner may revoke consent at any time.

Note 2:  Contributions are to be paid through the Department of Defence pay system.

Note 3:  If the contribution is not paid by their partner, the contribution may be recovered from the member as a debt owed to the Commonwealth.

1.

A member may seek to have their benefit paid to their partner 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.

2.

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

1.

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

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 subsection 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 recognised family.

 

b.

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

 

i.

The member has no recognised family.

 

ii.

The CDF considers it appropriate.

2.

The amount may be payable to more than one of the member’s recognised family if the CDF is satisfied of the losses each person suffers through the loss of the member’s earnings.

3.

A payment should be made under subsection 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 eligible for 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.

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 Member and Family Support may determine that a member died on a particular date.

 

This Part sets out what happens to a member’s salary and benefits during a period of imprisonment, detention or custody.

 

This Part applies to a member, including a member of the Reserves on Reserve service, who is imprisoned, in detention or in custody within Australia.

1.

The CDF or the Chief of Defence Intelligence may specify a member to whom this Part does not apply for a particular period or activity.

2.

When making a decision under subsection 1, the CDF or the Chief of Defence Intelligence must have regard to the nature of the member’s duty.

1.

This section does not apply to a member in the following circumstances.

 

a.

If individual periodic imprisonment periods of imprisonment are less than 7 consecutive days.

 

b.

If the full length of imprisonment is less than 7 days.

2.

A decision under subsection 3 does not apply to any of the following.

 

a.

The member's salary or DFRT allowances.

Note: Sections 1.7.5 and 1.7.6 specify the effect of imprisonment, detention or custody on salary and DFRT allowances.

 

b.

The member's leave credits.

Note: Division 1 specifies the effect of imprisonment, detention or custody on leave credits.

 

c.

The member's contributions towards a Service residence, rent allowance or living-in accommodation.

Note 1: Division 2 specifies the effect of imprisonment, detention or custody on housing  assistance.

Note 2: This subsection does not prevent the CDF from ceasing a member’s eligibility for housing assistance.

3.

If a member has been imprisoned, detained or held in custody for a period of 7 or more continuous days the CDF may decide to do the following.

 

a.

Reduce or cease a benefit that the member was receiving before the member's imprisonment, detention or custody.

Note: The CDF may set a future date when the benefit will be reduced or ceased.

 

b.

Increase a contribution payable by the member, but not above the actual cost of the benefit.

 

Note: To avoid doubt, a member will continue to receive benefits for the first 7 consecutive days of imprisonment, detention or custody. The 7 days starts on the day the member is imprisoned, detained or taken into custody.

4.

If a member's benefit or contribution is changed by the CDF under subsection 3, the CDF may review the decision after 7 days.

5.

When reviewing a decision under subsection 4, the CDF may decide to do any of the following.

 

a.

Reinstate a benefit that had been ceased or reduced.

 

b.

Reduce, including a further reduction of benefits previously reduced, or cease other benefits.

 

c.

Reduce a contribution that had been increased.

 

d.

Increase a contribution, including a further increase of a contribution previously increased, but not above the actual cost of the benefit.

 

e.

Make no further change to the benefit or contribution.

6.

When making a decision under subsection 3 or subsection 4 the CDF must consider the following.

 

a.

The remaining period of imprisonment, detention or custody.

 

b.

The impact that reducing or ceasing a benefit or increasing a contribution would have on the member's resident family.

 

c.

Any other relevant circumstance.

7.

A member is not eligible for a benefit that they were not eligible for immediately before their imprisonment, detention or custody.

1.

If a member is in detention both of the following occur for each full day of the member’s period of detention.

 

a.

The part of the member's salary calculated using the following formula, is forfeited to the Commonwealth.

 

Start formula forfeited salary equals A minus B end formula

 

 

Where:

 

 

A

is the member's rate of salary.

 

 

B

is the salary payable to a normal entry recruit during basic training under Schedule B.13 Part 1 item 1 column 3 of DFRT Determination No. 2 of 2017, Salaries.

 

b.

The member’s DFRT allowances and Language allowance are forfeited to the Commonwealth.

 

Note: Language allowance is payable under DFRT Determination No. 10 of 1992, Language allowance.

2.

If a Reserve member who is not on continuous full-time service is in detention the member receives the daily rate of salary for a normal entry recruit during basic training under Schedule B.13 Part 1 item 1 column 3 of DFRT Determination No. 2 of 2017, Salaries, for each full day of the member’s period of detention.

3.

A period of detention does not count as qualifying service for the purpose of eligibility for DFRT allowances.

1.

A member’s salary, DFRT allowances and Language allowance are forfeited to the Commonwealth during a period of imprisonment or custody.

Note: Language allowance is payable under DFRT Determination No. 10 of 1992, Language allowance.

2.

For the purpose of subsection 1 the forfeit period is either of the following.

 

a.

For a single period of imprisonment or custody.

 

 

i.

Commencing at the start of the first full day that the member is imprisoned or held in custody.

 

 

ii.

Ending at the end of the last full day the member is imprisoned or held in custody.

 

b.

For periodic imprisonment or custody.

 

 

i.

Commencing at the start of the first day for each period that the member is imprisoned or held in custody.

 

 

ii.

Ending at the end of the last day of each period that the member is imprisoned or held in custody.

3.

If a member is held in custody for less than a full day, or 2 consecutive part days, the member does not forfeit any salary, DFRT allowances or Language allowance.

Note: If the member is absent from duty without leave while being held in civil custody, action under section 29 of the Defence Regulation may apply.

4.

A period of imprisonment or custody does not count as qualifying service for the purpose of eligibility for DFRT allowances.

1.

This section applies to a member if either of the following occurs.

 

a.

The decision that led to a member's imprisonment or detention has been quashed or set aside.

 

b.

The period in which the member was held in custody was determined to be unlawful.

2.

If the member had part of their salary forfeited under section 1.7.5, the member is to be paid both of the following amounts.

 

a.

An amount of salary calculated using the following formula.

 

Start formula amount of salary repayable equals A minus B end formula

 

 

Where:

 

 

A

is the amount of salary that the member would have received during the period had the member not been in detention.

 

 

B

is the amount of salary that the member received during the period the member was in detention.

 

b.

An amount equal to the DFRT allowances and Language allowance which were forfeited during the period the member was in detention.

Note: Language allowance is payable under DFRT Determination No. 10 of 1992, Language allowance.

3.

If the member's salary, DFRT allowances and Language allowance were forfeited under section 1.7.6, the member is to be paid an amount equal to the salary, DFRT allowances and Language allowance that were forfeited during the period.

4.

If a member's contribution for a benefit was increased under section 1.7.4, the member is to be reimbursed an amount calculated using the following formula.

 

Start formula amount of contribution reimbursed equals A minus B end formula

 

Where:

 

A

is the contribution amount paid by the member during the period of imprisonment, detention or custody.

 

B

is the contribution amount that would have been paid by the member during the period of imprisonment, detention or custody.

5.

If a member's eligibility for a reimbursement was ceased under section 1.7.4, the member is to be paid the amount that the member would have been reimbursed had the member not been imprisoned, in detention or held in custody.

6.

If a member's service in the ADF was terminated during a period of imprisonment, detention or custody, the member is to be paid any salary, DFRT allowances and Language allowance that would have been payable from the date of forfeiture up until the member's last day of service.

 

This Division sets out what happens to a member’s leave during a period of imprisonment, detention or custody.

Note: The general rule in section 1.7.4 does not apply to any type of leave.

1.

A member is not eligible to take recreation leave during a period of imprisonment or detention.

2.

A period of imprisonment, detention or custody is non-effective service for the purpose of recreation leave accrual.

3.

A member is credited recreation leave credits that would have accrued during a period of detention if the decision is quashed or set aside.

Note: This subsection does not apply to imprisonment or custody.

 

A member is not eligible to take short absence or medical absence from duty during a period of imprisonment, detention or custody.

1.

A member is not eligible to take maternity leave during a period of imprisonment, detention or custody.

2.

If a member is imprisoned, detained or held in custody during the required absence provided under Chapter 5 Part 6 Division 3, the required absence period is reduced by the by the number of days the member was imprisoned, in detention or custody during that period.

3.

If a member is in periodic imprisonment or weekend imprisonment, the member may take maternity leave when not serving a period of imprisonment during the period in which maternity leave can be taken.

 

If a member is in periodic imprisonment or weekend imprisonment, the member may take parental leave when not serving a period of imprisonment during the period in which parental leave may be taken.

1.

A period of imprisonment, detention or custody is non-effective service for the purpose of accruing long service leave credits under Chapter 5 Part 5 Division 3.

2.

The member is not eligible to take long service leave during a period of imprisonment, detention or custody.

 

A member is not eligible to take any other forms of leave with pay provided under Chapter 5 during a period of imprisonment or detention.

Note: This section does not apply to custody.

 

This Division sets out what happens to a member’s housing, removals and storage benefits during a period of imprisonment, detention or custody.

Note: The general rule in section 1.7.4 does not apply to the contribution rate payable for any type of housing.

1.

During a period of imprisonment, detention or custody a member is required to pay the market rent rate for the Service residence or rent band choice property for the following period.

 

a.

Commencing on the first full day of the member’s imprisonment, detention or custody.

 

b.

Ceasing on the earlier of the following.

 

 

i.

The last full day the member is in prison, detention or custody.

 

 

ii.

The day the member vacates the property.

 

Note: If the member is not in receipt of salary during this period, the payments will be considered a debt to the Commonwealth.

2.

Subject to subsection 4, if the member is in financial hardship the CDF may reduce the market rent rate payable under subsection 1.

3.

If the member’s eligibility for a Service residence or a rent band choice property is ceased by the CDF under section 1.7.4, the member is eligible for a removal under Chapter 6 Part 5 within 28 days to a location within Australia.

4.

If the member or the member's resident family or recognised other persons do not vacate the residence within the 28 day period under subsection 3, both of the following apply.

 

a.

The member’s contribution is the equivalent of market rent rate for the residence until the residence is vacated.

 

b.

The member is not eligible for either of the following.

 

 

i.

A removal under Chapter 6 Part 5.

 

 

ii.

A reduction in the market rent rate under subsection 2.

5.

If the member chooses to vacate a Service residence or rent band choice property and their eligibility for the accommodation has not ceased, the member is not eligible for a removal under Chapter 6 Part 5.

6.

The member is not eligible for housing assistance for their resident family if either of the following applies.

 

a.

The member's eligibility for a Service residence or rent band choice property is ceased by the CDF under section 1.7.4.

 

b.

The member chooses to vacate a Service residence or rent band choice property.

7.

If a member is required to vacate their Service residence or rent band choice property and the member is unable to remove their property due to their imprisonment, detention or custody, the member’s property may be removed and stored under Chapter 6 Part 5 until the member’s release or an agent appointed by the member takes possession of the property.

Note 1: The member may be responsible for the cost of storage under section 1.7.19.

Note 2: If the member appoints an agent to take possession of their property, this appointment must be in writing.

8.

If a member’s possessions have been removed to another location or to storage, the member is not eligible for a removal under Chapter 6 Part 5 on their release from imprisonment, detention or custody unless they are posted to a new service location.

1.

A member ceases to be eligible for rent allowance on the first full day of the member's imprisonment, detention or custody.

2.

If the member chooses to vacate the rent allowance property during a period of imprisonment, detention or custody, Chapter 6 does not apply.

1.

A member ceases to be permitted to occupy living-in accommodation if the CDF revokes the member's licence to live in.

2.

When making a decision under subsection 1, the CDF must take the following into consideration.

 

a.

The duration of the member’s imprisonment, detention or custody.

 

b.

The pattern of the member’s imprisonment, detention or custody.

 

c.

The type of living-in accommodation.

 

d.

Whether the accommodation is needed for a member who is required to live in.

 

Note: If the member’s licence to live in is revoked under subsection 1, the member may be eligible for housing assistance upon release from imprisonment, detention or custody.

3.

If the member’s property remains in the living-in accommodation, the member is eligible for one of the following.

 

a.

Storage of the member's property in the living-in accommodation.

 

b.

Removal and storage of the member's property under Chapter 6 Part 5.

Note: The member may be responsible for the cost of storage under section 1.7.19.

1.

If a member's possessions have been removed and stored under Chapter 6 Part 5, section 1.7.16 or section 1.7.18, the CDF may recover the cost of the storage from the member.

2.

When making a decision under subsection 1 the CDF must take the following into consideration.

 

a.

The amount of property put into storage.

 

b.

Any special storage requirements that resulted in an increased cost to the Commonwealth.

 

c.

The number and type of vehicles that required storage.

 

If the member is on a continuous period of imprisonment, detention or custody — the member is not required to make a contribution for meals under Chapter 7 Part 9 Division 1.

 

A member ceases to be eligible for food allowance under Chapter 7 Part 9 Division 2 during a period of imprisonment, detention or custody.

 

This Division sets out the effect on other benefits that a member may or may not be eligible for during a period of imprisonment, detention or custody.

1.

If a member is required to travel to or from the place of detention, the following apply.

 

a.

The member is not eligible for meal allowance or incidentals for the journey to the place of detention but the member will be provided a reasonable meal having regard to the length and time of the journey.

 

b.

The member is eligible for meal allowance and incidentals payable under Chapter 9 Part 5 for the return journey to the member's service location.

 

Note: Travel relating to the start and end of a period of detention is duty travel.

2.

If a member is required to travel to or from the place of imprisonment or custody, the member is not eligible for travel benefits under Chapter 9 Part 5.

 

The Director General Defence Member and Family Support may approve funeral benefits in exceptional circumstances under subsection 11.4.6.2.

 

 

This Part provides assistance to a person who has applied to join the ADF. This includes travel costs, allowances and accommodation costs.

1.

This section applies to a person who has applied to be appointed to, or enlisted in, the ADF and all the following apply.

 

a.

They are requested to attend a Defence Force Recruiting Centre for an interview or examination.

 

b.

They attend a Defence Force Recruiting Centre for the interview or examination requested.

 

c.

They are required to travel from their normal place of residence to the Defence Force Recruiting Centre and back to their normal place of residence.

 

d.

They live outside of an area serviced by the metropolitan transport system of the city or town where the Defence Force Recruiting Centre is located.

2.

The person who uses a means of travel in an item in column A of the following table is eligible for the amount in column B of the same item.

 

Item

Column A

Means of travel

Column B

Assistance

1.

Private vehicle.

The amount they would be eligible for under section 9.6.25.

2.

Public transport by a regional transport provider, including air travel.

The lesser of these two amounts:

a. The fares that the member would be eligible for if they held a rank of Colonel or lower.

b. The fares that they paid.

 

3.

The person is eligible for the allowance under subsection 4 for accommodation and meals if they meet both the following.

 

a.

The person has to be absent from their normal place of residence overnight to attend the Defence Force Recruiting Centre and return home.

 

b.

Their meals and accommodation are not provided by the Commonwealth.

4.

The allowance is the lowest of the following amounts.

 

a.

The amount the accommodation and meals would have cost if they had been provided under this Part.

 

b.

The amount the person paid for accommodation and meals.

 

c.

The amount the person would be eligible for under table item 2 of section 9.5.35.

5.

The person is eligible for meal allowance under section 4.5.9 if all the following apply.

 

a.

The person will not be absent from their normal place of residence overnight.

 

b.

The period of their absence includes a meal period.

 

c.

A meal is not provided under this Part.

1.

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

2.

The applicant must repay any prepaid amount they do not spend, including if the journey is cancelled.

 

Persons eligible for travel under this Division are not eligible for assistance under this Part for excess baggage.

1.

This section 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 eligible for 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 eligible if they have not disclosed in their application a significant fact that makes them ineligible to join the ADF.

 

This Part provides benefits for a member to assist them with training and financial advice in preparation for civilian life when they change service category or cease service with the ADF.

 

In this Part the following apply.

 

Employment means any of the following.

 

a.

Full-time work.

 

b.

Part-time work.

 

c.

Casual work.

 

d.

Self-employment.

 

Meaningful Engagement means activities that improve social interaction and community inclusion, including, study, volunteer activities with sporting and recreation associations and clubs, retirement activities or unpaid work.

 

Member includes a former member.

 

This Part applies to the following.

 

a.

A member of the Permanent Forces who becomes a member of the Reserves.

 

 

Note: A member may become a member of the Reserves under sections 16 or 21 of the Defence Regulation.

 

b.

A member of the Reserves who transfers to SERCAT 2 if one of the following occurs. 

 

 

i.

They cease service in SERCAT 3, 4 or 5.

 

 

ii.

They complete a fixed period of continuous full-time service.

 

c.

A member, including a member of the Reserves, who meets one of the following. 

 

 

i.

They have been issued with a termination notice under section 24 of the Defence Regulation or section 100 of the Act.

 

 

ii.

They are 12 months or less away from their retirement age.

Note: Retirement ages are provided under section 24 of the Defence Regulation.

 

 

iii.

They are 3 months or less away from completing a fixed period of service.

Note: A member may change their period of service under section 18 of the Defence Regulation.

 

 

iv.

They have been dismissed under the Defence Force Discipline Act 1982.

 

d.

A former member who meets both of the following.

 

 

i.

They met a requirement in paragraph c. before they ceased to be a member.

 

 

ii.

It has been no more than 2 years since their last day of service in the ADF.

 

This Part does not apply to a member who is leaving the Permanent Forces who will immediately become a member of the Reserves on continuous full-time service.

1.

Subject to subsection 3, a member is eligible on application for career transition training if all of the following apply and the CDF is satisfied that the training is aligned to a post-transition employment career path or meaningful engagement.

 

a.

The application is approved within 24 months of the member’s transition date.

 

b.

The training commences within 24 months of the member’s transition date.

1A.

Despite subsection 1, a member is eligible for an additional 12 months to apply for and undertake training provided under subsection 1 if the decision maker is satisfied of all of the following.

 

a.

The member has received a termination notice for the reason of being medically unfit for service in the Defence Force.

 

b.

The member is unable to access training due to their medical condition or injuries.

 

Note: A member who is medically unfit for service may have their service in the Defence Force terminated under paragraph 24(1)(a) of the Defence Regulation.

1B.

If subsection 1A applies, the member must not commence the approved training unless the decision maker is satisfied that the member is medically fit to undertake it.

1C.

For the purpose of subsection 1A and 1B, decision maker means a person not below WO2(E)/APS4 working in the Directorate of Transition Coaching and Support.

2.

Career transition training cannot occur during a period the member is on duty and undertaking Reserve service.

3.

A benefit under subsection 1 can be made as a reimbursement to the member or provided to the service provider.

4.

A member is not eligible for assistance under this section if any of the following apply.

 

a.

The member has secured employment or achieved meaningful engagement related to their post-transition goals.

 

b.

The training could be considered a capital investment in a new or existing business.

5.

In this section, career transition training means training for a member up to a cumulative lifetime total of $5,320.

1.

A member is eligible on application for professional financial advice within 24 months of the member’s transition date if the financial advice meets the following.

 

a.

It is provided by one of the following.

 

 

i.

A professional financial advisor who holds a current Australian Financial Services Licence.

 

 

ii.

An authorised representative of a holder of an Australian Financial Services Licence.

 

b.

The advice is not for routine tax or accountancy services.

2.

A benefit under subsection 1 can be made as a reimbursement to the member or provided to the service provider.

3.

In this section, professional financial advice means financial advice for a member up to a cumulative lifetime total of $1,000.

1.

A member is eligible for travel costs within Australia if the CDF is satisfied that the member must travel to attend the following.

 

a.

Career transition training activities under section 2.2.5.

 

b.

ADF Member and Family transition seminars.

2.

Travel costs provided under subsection 1 are limited to the travel costs payable under Chapter 9 Part 5, Payment of Travel costs.

3.

The member is eligible to occupy one of the following.

 

a.

Service accommodation in the location where the activity is to be held.

 

b.

Normal accommodation stock, as defined in section 9.5.15, if the CDF is satisfied that Service accommodation is not suitable for the member to use.

1.

This section does not apply to a member of the Reserves, other than a member of the Reserves on continuous full-time service.

2.

Subject to subsection 3, a member is eligible for 23 approved absence days to attend the following activities if the CDF is satisfied that Service requirements can be met while the member is absent.

 

a.

Defence Force transition program activities.

 

b.

Employment related activities.

 

c.

Career transition training or education courses.

 

d.

Transition related administrative activities.

3.

An approved absence under subsection 2 is limited by the following.

 

a.

The absences must not exceed a cumulative lifetime total of 23 days.

 

b.

A member may not be granted more than 3 days in total of approved absence for transition related administrative activities.

4.

Approved absence can only be taken in full days.

5.

If a member has been granted a period of approved absence for a career transition training activity and one of the following occurs, the unused approved absence days are not debited from the member’s approved absence credits.

 

a.

The training activity finishes early.

 

b.

The training activity is cancelled.

 

A member must use the approved form to apply for any assistance under this Part.

 

The purpose of this Division is to provide financial benefits for a member whose service in the Permanent Forces is being terminated because of redundancy.

 

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

 

a.

The service of the member is terminated under paragraph 24(1)(b) of the Defence Regulation.

 

b.

The member has completed more than 2 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 their service being terminated because of redundancy, the member is entitled to any of the following amounts.

 

a.

A fortnight’s salary and allowances for each completed year of service that is recognised for long service leave under Chapter 5 Part 5.

 

b.

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

 

c.

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

 

d.

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

2.

Certain periods must be excluded from the calculations in subsection 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.

3.

The amount payable under subsection 1 must not be more than 48 weeks’ salary and allowances.

4.

If the member's retirement age is less than 48 weeks from the day the service of the member is to be terminated, the amount payable is for the period up to the member's retirement age.

5.

For the purpose of this section, allowances means any of the following.

 

a.

Higher duties allowance when the period of higher duties was for 12 continuous months or more on the day the notice of redundancy was received.

 

b.

Any of the following DFRT allowances:

 

 

i.

Special Forces disability allowance.

 

 

ii.

Clearance diver allowance.

 

 

iii.

Maritime disability allowance.

 

 

iv.

Unpredictable explosives allowance.

1.

This section applies to a member to which both the following apply.

 

a.

The member's service is terminated early under paragraph 24(1)(b) of the
Defence Regulation.

 

b.

The member provides a written response within the notice period requesting their service end on a day that is less than 5 weeks from the day the notice under section 24(2) of the Defence Regulation was given to the member.

2.

The member is to be paid an additional amount that is equal to the salary the member would have received between and including the following days had the member continued to serve during the period.

 

a.

The day the member’s service ends.

 

b.

The last day of the 5week period beginning the day the member was given the notice under section 24(2) of the Defence Regulation.

 

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

 

a.

The member receives any payment under this Division.

 

b.

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

1.

The purpose of this Division is to provide the payment of a special benefit to certain members of the Permanent Forces who are compulsorily transferred to the Reserves under section 16 of the Defence Regulation.

2.

The payment is not a performance management tool.

1.

A member is eligible for the special benefit under section 2.3.23 if either of the following apply.

 

a.

Subject to subsections 2 and 3, the member is compulsorily transferred to the Reserves for workforce planning reasons.

 

b.

Both of the following apply.

 

 

i.

The member is compulsorily transferred to the Reserves for reasons other than workforce planning.

 

 

ii.

The CDF is satisfied that payment of the special benefit is reasonable in the circumstances.

2.

To be eligible for the special benefit, the member must satisfy all of the following.

 

a.

They have completed at least 2 years’ service at their current rank.

 

b.

They have at least 12 months of service remaining before the day on which their period of service is expected to end.

 

c.

They are transferred to the Reserves within 30 days of receiving the decision to transfer them to the Reserves.

4.

For the purpose of paragraph 2.b, the day the member’s period of service is expected to end is the earlier of the following days.

 

a.

The day the member reaches retirement age.

 

b.

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

 

A member is not eligible for the special benefit if any of the following apply.

 

a.

The member is subject to any of the following.

 

 

i.

An investigation for unacceptable behaviour.

 

 

ii.

Disciplinary action.

 

 

iii.

A notice to show cause for an administrative sanction.

 

 

iv.

A notice of a positive test result under section 100 of the Act.

 

b.

The member was imposed with an administrative sanction within the previous 12 months.

 

c.

Before the member’s transfer date all of the following apply.

 

 

i.

The member is offered an opportunity to serve more than 120 Reserve days within 1 year following their transfer date.

 

 

ii.

The member agrees that they will undertake the Reserve service offered under subparagraph i.

 

 

Note: If the member does not complete the more than 120 days of Reserve service, the member is not eligible for the payment.

1.

An eligible member may be paid the lesser of the following.

 

a.

The sum described in items 1 and 2 of the following table less the amounts described in item 3.

 

Item

Description

Amount

1.

ADF service, including earlier periods of ADF service.

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 part year of continuous full-time service completed in the ADF.

2.

Prior non-ADF service recognised for long service leave.

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 part year of prior service completed that is recognised for long service leave.

3.

Prior payments for redundancy or retirement.

Any payments made by the Commonwealth or any employer of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.

 

 

b.

48 weeks salary.

1.

The member must repay any amount paid under this Division if any of the following apply.

 

a.

They begin a period of continuous full-time service as a member of the Reserves or Permanent Forces within 1 year of receiving the payment.

 

b.

They perform more than 120 days of Reserve service within 1 year of the date of their transfer to the Reserves.

2.

The member’s requirement to repay the amount under paragraph 1.b may be waived if the CDF is satisfied it is reasonable in the circumstances.

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 career in the Permanent Forces.

 

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 subsection 1 may extend for a period of up to 4 months and is taken to start from the day that the member ceases service in the Permanent Forces.

1.

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

 

a.

Benefits under Chapter 2 Part 2 for career transition.

 

b.

Removal under Chapter 6.

 

c.

Continuation of housing assistance under Chapter 7.

 

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, DFRT allowances and leave may not be paid for the additional transition period under this Division.

 

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. 2 of 2017, Salaries, and other relevant determinations made by the DFRT under section 58H of the Act.

 

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

 

Subject to section A.1.4 of DFRT Determination No. 2 of 2017, Salaries, 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 may be paid to members every 14 days (a fortnight).

2.

Payment of salary and allowances to a member is made by electronic funds transfer into a financial institution advised by the member.

1.

This section applies to allowances payable under this Determination to a member not on a flexible service determination.

Note: Administration of allowances payable to members on a flexible service determination are set out under section 3.2.7A.

2.

The daily rate of rent allowance is onefourteenth of the rate calculated in section 7.8.19.

3.

The fortnightly rate of an annual rate of an allowance under this Determination is calculated using the following formula.

 

Start formula fortnightly rate equals open bracket start fraction A over 365 end fraction close bracket times 14 end formula

 

Where:

 

A

is the annual rate of allowance.

1.

This section applies to salary and allowances payable under a DFRT Determination to a member on a flexible service determination.

2.

For the purpose of calculating a member’s fortnightly salary, the value of a day of a nonworking period is the following.

 

a.

For the first 4 days of a nonworking period in a fortnight — $0.00.

 

b.

For any other day of a nonworking period in a fortnight, the amount calculated using the following formula.

 

Start formula day in a nonworking period open bracket $ close bracket equals start fraction Salary over 365 end fraction times 1.4 end formula

 

 

Where:

 

 

Salary means the member’s annual salary.

 

Note: Under DFRT Determination No. 2 of 2017, a member is not paid for a nonworking period. A member’s fortnightly salary is reduced by the value of the nonworking period for each day that in their nonworking period in the fortnight.

3.

For the purpose of a DFRT allowance, the value of a day of a nonworking period is one of the following.

 

a.

For the first 4 days of a nonworking period in a fortnight — $0.00.

 

b.

For every other day of a nonworking period in a fortnight, the amount calculated using the following formula.

 

Start formula day in a nonworking period open bracket $ close bracket equals start fraction Allowance over 365 end fraction times 1.4 end formula

 

 

Where:

 

 

Allowance means the annual rate of a DFRT allowance payable to a member.

 

Note: Under DFRT Determination No. 11 of 2013, a member is not paid for a nonworking period. A member’s fortnightly rate of the allowance is reduced by the value of the nonworking period for each day in their nonworking period in the fortnight.

1.

This section applies to an allowance under this Determination that has an annual rate and is payable to a member on a flexible service determination other than the following.

 

a.

ADF District allowance under Chapter 4 Part 4 Division 1 and Division 2.

 

b.

Scherger allowance under Chapter 4 Part 4 Division 4.

 

c.

Antarctic allowance under Chapter 4 Part 4 Division 6.

 

d.

Common duties allowance (Antarctic) under Chapter 4 Part 4 Division 7.

 

e.

Antarctic parity allowance under Chapter 4 Part 4 Division 8.

2.

If the member is eligible for the payment of an allowance, the allowance is paid for all of the following days.

 

a.

Each full day of duty in a fortnight in the member’s flexible service determination.

 

b.

Each part day of duty in the fortnight that adds up to 8 hours when combined with another part day of duty in the fortnight.

3.

The daily rate of an annual rate of an allowance under this Determination calculated using the following formula.

 

Start formula daily rate equals start fraction annual rate over 365 end fraction times 1.4 end formula

4.

The maximum fortnightly rate payable to a member must not exceed the fortnightly rate of a member not on a flexible service determination.

1.

This section applies to a member if both the following apply.

 

a.

The member is required to make a contribution for receiving a benefit.

 

b.

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

2.

The daily rate of contribution is onefourteenth of the fortnightly rate.

 

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

 

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 service location

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.

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.

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 section applies to a member on Reserve service.

2.

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

 

a.

One of the following applies.

 

 

i.

They commence a rest or recovery period immediately after completing an arduous or prolonged period of duty.

 

 

ii.

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

 

b.

The member is not engaged in any form of work, paid or otherwise, during the period of rest and recovery.

4.

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

 

a.

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

 

b.

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

 

c.

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

 

Note: A member of the Reserves not of continuous full-time service is eligible for salary under DFRT Determination, 2017 No. 2 if they are required to attend for and attend that duty.

 

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

 

a.

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

 

b.

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

 

c.

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

 

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

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.

3.

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.

3.2.18A    Member this Division does not apply to

 

This Division does not apply to a member who is paid salary as an Officer Aviation member under Division 4A.

1.

In this Division the following apply.

 

Specialist level means any of the following.

 

a.

Competency level.

 

b.

Dental level.

 

c.

Military medical level.

 

d.

Legal level.

1.

The rate of salary on the day a member is enlisted or appointed is one of the following.

 

a.

If the member is a trainee, the rate specified in Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries.

 

b.

If paragraph a. does not apply to the member, the rate of salary is the higher of the following.

 

 

i.

The minimum rate for their rank and pay grade or specialist level under the relevant salary structure specified in DFRT Determination No. 2 of 2017, Salaries.

 

 

ii.

The rate of salary set by the CDF.

 

Note: A member’s service commences on the day they are first required for duty.

2.

For the purpose of subparagraph 1.b.ii, the following apply.

 

a.

The CDF must believe that a higher rate of salary is reasonable having regard to the member's experience, qualifications and skills.

 

b.

The member does not hold an entry level rank of Officer Cadet in the Army or Air Force.

1.

On the day that a member’s rank changes due to a promotion, the member’s rate of salary is one of the following.

 

a.

The minimum rate for their new rank at the relevant pay grade.

 

b.

The rate of salary set by the CDF.

 

c.

Another rate if a non-reduction provision under Division 5 applies to the member.

2.

For the purpose of paragraph 1.b, the CDF must believe that a higher rate of salary is reasonable having regard to the member's experience, qualifications and skills.

1.

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

 

a.

The member's pay grade or specialist level changes.

 

b.

The change is for a reason other than disciplinary action or an 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. 2 of 2017, Salaries.

2.

The member’s salary rate is the rate for the new pay grade or specialist level that corresponds to the rank increment the member held at their former pay grade or specialist level.

3.

Despite subsection 2, if salary non-reduction arrangements apply to the member under Division 5, then the member's rate of salary is the rate for the member's rank increment of their former pay grade or specialist level.

1.

This section applies to a member who ceases to perform duty as a specialist officer.

2.

The member is to be paid one of the following.

 

a.

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

 

b.

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

1.

In this section relevant military service means service that meets all of the following.

 

a.

It was in the ADF, or the forces of a Commonwealth country or the United States of America.

 

b.

It is relevant to the kind of work the member enlisted or is appointed to do.

 

c.

It was performed at a rank equivalent to the rank the member enlisted or is appointed to, or at a higher rank.

2.

This section 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.

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.

5 years or less

any service before an earlier break in service.

2.

more than 5 years

any service before the break.

 

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.

1.

This section applies to a member undergoing recategorisation training.

2.

The member is to be paid the relevant of the following amounts for the duration of the training.

 

a.

For a member of the Permanent Forces or a member of the Reserves on continuous full-time service — the rate of salary for the rank, pay grade or specialist level and increment that they held immediately before they began training.

 

b.

For a member on Reserve service — the daily rate of salary for the rank, pay grade or specialist level and increment that they held immediately before they began training.

 

c.

For a member of the Reserves who transfers to the Permanent Forces or undertakes a period of continuous full-time service for the period of their training — the rate of salary for the rank, pay grade or specialist level and increment that they would have held if they were on continuous full-time service immediately before they began training.

3.

A Service Chief may approve an extended period of payment under subsection 2 for a member who has completed training. The Service Chief must specify the period of the extension.

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. 2 of 2017, 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.

4.

For members undergoing a course of officer training and paid in accordance with item 6 of Part 1 of Schedule B.13 of DFRT Determination No. 2 of 2017, 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.

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.

 

This Division describes advancement through a rank, based on the passing of time.

 

In this Division the following apply.

 

Increment anniversary date means 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 under Division 4 or Division 4A.

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 2 of 2017, 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 member of the Permanent Forces – 12 months of continuous full-time service.

 

ii.

For a member of the Reserves (includes Reserve service and continuous full-time service) – 20 days or more of service in a 12month period.

Exception: For the increment following 1 July 2015, special transitional rules apply for some members.

 

iii.

For a member who served in both the Permanent Forces and Reserves in a 12month 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 section in any 12month period, except as a result of their initial transition to the 2 July 2015 salary structure.

3.

This subsection applies to a member of the Reserves. 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 6 hours or more

that period counts as a full day for the purposes of subsection 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 subsection 2.

3.

is taken to be attending for duty under section 3.2.13

that period of duty will count towards the time period conditions set out in subsection 2.

4.

is taken to be attending for duty in special circumstances under section 3.2.14

 

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.

5.

For a member of the Permanent Forces, any period when a member is not entitled to salary cannot be counted for salary increments.

Exceptions: A member undertaking service with the United Nations or a member on a flexible service determination.

6.

A member undergoing recategorisation training under section 3.2.25 is eligible for increment advancement at their preserved salary rate if they meet the relevant conditions under this section.

1.

If a member does not meet the conditions for incremental advancement under paragraph 3.2.30.1.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 4 months of the date of deferral. If the member is assessed having carried out their duties and responsibilities at the standard expected during that 4 months, the increment will be granted at the end of that review period.

 

A salary increase that is not a salary increment under subsection 3.2.30.1 does not affect the date for the next increment.

 

A member keeps the increment level for their rank when their pay grade changes.

 

Exception: Section 3.2.38 deals with salary for a member who is reduced in rank for disciplinary reasons or as an administrative sanction.

1.

The purpose of this section is to set out how earlier service in a higher rank can affect a member's increment when they are promoted to a new substantive rank.

2.

This section 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.

3.

Periods of service must add up to full years of service to be counted towards an increment under this section. Periods of service that add up to part-years (that is, less than 1 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.

 

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.

1.

This section applies to an Army member who holds the rank of Private and meets all the following.

 

a.

They have completed their initial employment category training.

 

b.

They are proficient in their military trade or skill.

2.

The member is eligible to be paid as Private Proficient if they meet one of the following.

 

a.

They are a member of the Permanent Forces and they have completed at least 12 months of service since finishing their initial employment category training.

 

b.

They are a member of the Reserves and all the following apply.

 

 

i.

At least 12 months have passed since they finished initial employment category training.

 

 

ii.

They have provided 20 days of service in a year after completing their initial employment category training.

Note: Service includes Reserve service and continuous full-time service.

3.

For the purpose of subsection 2, only days for which the member is eligible for salary are counted.

 

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.

1.

The purpose of this section is to set out 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: If the reduction was for inefficiency.

 

 

This Division sets out provisions for advancement through ranks and competency arrangements for the following specialist officers.

 

a.

Chaplains.

 

b.

Dental officers.

 

c.

Legal officers.

 

d.

Medical officers.

 

e.

Maritime Spiritual Wellbeing Officer.

1.

A Chaplain or Maritime Spiritual Wellbeing Officer is eligible for incremental advancement in the specialist officer salary structure 12 months after the later of the following 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 advances to a higher division or class.

 

c.

The day of the member's last increment advancement.

2.

A dental officer is eligible for incremental advancement in the specialist officer salary structure 12 months after the later of the following 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.

 

c.

The day of the member's last increment advancement.

3.

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.

4.

On advancement to a higher division or class a Chaplain or Maritime Spiritual Wellbeing Officer is paid the lowest increment for the competency level for their new division or class.

4A.

On promotion a dental officer is paid the lowest increment for the dental level for their new rank.

4B.

Despite subsections 4 and 4A, a member will be paid a higher increment of salary set by the CDF if the CDF believes it is reasonable, based on the member's relevant experience, qualifications and skills.

5.

On advancement to a higher competency or dental level under section 3.2.44 or 3.2.45, the member's increment level is the lowest increment for that competency or dental level.

3.

A medical officer is eligible for an increment advancement in the specialist officer salary structure (up to the maximum increment level in the relevant Part of Schedule B.8 in DFRT Determination No. 2 of 2017 that applies to the medical officer) on their increment anniversary.

3A.

For the purpose of this section, increment anniversary means the day 12 months after the later of the following days.

 

a.

The day that the member begins to be paid salary under one of the following.

 

 

i.

Schedule B.8, Specialist officer salary rates – medical officer.

 

 

ii.

Schedule B.15, Senior officer specialist salary rates – medical officer

 

b.

The day the member last advanced to a higher military medical level.

 

c.

The day of the member's last increment advancement.

 

Note: The placement of a member from a medical level to a military medical level is not an increment advancement.

5.

On promotion from rank to rank, a medical officer retains the same military medical level (MML1, 2A, 2B, 3, 3A or 4) and the same increment level they held before promotion.

Note: The member's increment advancement date will remain unchanged.

6.

If a member advances to a higher military medical level under section 3.2.47, the member's increment is the lowest increment for that military medical level.

6A.

Despite subsection 6, if one of the following applies, the member’s increment level is the increment that has the next higher salary than their salary immediately before they advanced.

 

a.

The member advances to MML3A.

 

b.

The member advances from MML3A to MML4.

8.

For medical officer who becomes eligible to be paid under Schedule B.8 Part 2 or 4 of DFRT Determination No. 2 of 2017, 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.

 

If a member is promoted to one of the following ranks, the member’s rate of salary is the rate payable under Schedule B.15 of DFRT Determination No. 2 of 2017, Salaries for the lowest increment for their new rank.

 

a.

Brigadier.

 

b.

Major General.

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.

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

2A.

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

 

a.

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

 

b.

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

3.

On advancement to a higher legal level under paragraph 1.b, the legal officer's increment level is the bottom increment for that legal level.

1.

A Chaplain or Maritime Spiritual Wellbeing Officer is placed in a competency level by the CDF based on the member's relevant experience, qualifications and skills.

2.

A Chaplain or Maritime Spiritual Wellbeing Officer may be placed in or advanced to a higher competency level if the CDF is satisfied that the officer meets the requirements for that competency level.

3.

A Chaplain or Maritime Spiritual Wellbeing Officer may advance to competency level 3 if the CDF is satisfied that the officer meets both of the following.

 

a.

The officer meets the requirements for competency level 3.

 

b.

The officer is posted to a position that requires competency level 3.

1.

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

2.

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

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.

3.

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.

4.

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.

1.

A medical officer is placed in a higher military medical level by the CDF based on the member’s relevant experience, qualifications and skills.

2.

A medical officer advances to a higher military medical level if the CDF is satisfied that the officer meets the requirements for that military medical level.

3.2.47A    Purpose

 

This Division provides for the increment placement, progression and transfer through the Officer Aviation Pay Structure for an Officer Aviation member.

 

In this Division, the following apply.

 

Aviation specialist has the same meaning as given in Part A Division 1 section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.

 

Maritime Aviation Warfare Officer employment category means any of the following Navy employment categories under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries.

 

a.

Maritime Aviation Warfare Officer Competency Progression.

 

b.

Maritime Aviation Warfare Officer Competency Progression ADQUAL.

 

c.

Maritime Aviation Warfare Officer Time Progression.

 

d.

Maritime Aviation Warfare Officer Time Progression ADQUAL.

 

Officer Aviation member has the same meaning as given in Part A Division 1 section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.

 

Officer Aviation Pay Structure means the salary structure under Part B Division 3 sections B.3.7 to B.3.10 of DFRT Determination No. 2 of 2017, Salaries.

 

Pilot employment category means the following under Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries.

 

a.

For a member of the Navy, any of the following employment categories.

 

 

i.

Pilot Competency Progression.

 

 

ii.

Pilot Competency Progression ADQUAL.

 

 

iii.

Pilot Time Progression.

 

 

iv.

Pilot Time Progression ADQUAL.

 

b.

For a member of the Army, any of the following employment categories.

 

 

i.

Pilot — Competency Progression.

 

 

ii.

Pilot — Time Base Progression.

 

Promoted means a member promoted under paragraph 13(1)(a) of the Regulation.

 

Rank means the rank that the member was appointed to or last promoted to under paragraph 13(1)(a) of the Regulation.

 

Note: Rank does not include a higher rank that the member has been directed to act in under paragraph 13(1)(b) of the Regulation.

 

Regimental Officers Basic Course – Program (aviation) means the completion on Army's junior officer aviation pilot training program, which includes the following.

 

a.

Conversion to operational type aircraft.

 

b.

Regimental Officer Basic Courses (aviation).

 

Relevant military service means service that meets all of the following.

 

a.

It was in the ADF or a foreign military force.

 

b.

It is relevant to the work that the officer is appointed to do.

 

c.

It was performed at a rank equivalent to the rank the officer is appointed to, or at a higher rank.

 

Years in rank means the years in rank under Annex B.3.A to Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, that corresponds to the number of years of experience a member has at their rank, unless otherwise stated.

3.2.47C    Member this Division does not apply to

This Division does not apply to a member who meets any of the following.

 

a.

The member is an aviation specialist in the Air Force and has not reached the maximum aviation specialist experience level set out in their aviation specialist agreement.

 

b.

The member is an aviation specialist in the Navy or Army and the member's aviation specialist agreement has not expired or been cancelled for Service reasons.

 

c.

The member holds aviation qualifications but ceases to be an Officer Aviation member.

3.2.47D    Entry placement – general

 

Subject to sections 3.2.47E to 3.2.47M, a member has the minimum Officer Aviation increment for their rank, pathway and competency stream when the member becomes an Officer Aviation member.

1.

When a member in the Navy or Air Force who is an aviation specialist transfers to the Officer Aviation Pay Structure, the member has an Officer Aviation increment as set out in the conversion table in Annex 3.2.E. The member is placed in the relevant pathway and competency stream.

2.

Subsection 3 applies to a member in the Army who is an aviation specialist and one of the following occurs.

 

a.

The member's aviation specialist agreement expires.

 

b.

The member's aviation specialist agreement is terminated or ceased by Army.

 

c.

The specialist officer salary structure for aviation officers ceases.

3.

The member is placed in the Officer Aviation Pay Structure in the Rotary Wing Pilot competency stream at an Officer Aviation increment within the increment range for their rank that is decided by the CDF, taking into consideration both of the following.

 

a.

The member's experience, qualifications and skills.

 

b.

The member's previous military service.

 

Note: Transfer from the salary structure for aviation specialists to the Officer Aviation Pay Structure on the Specialist Pathway does not affect or change the member’s increment advancement date.

1.

This section applies to an Other Rank member who transfers to the Officer Aviation Pay Structure and their salary immediately before the transfer is higher than the rate of salary payable for the member's Officer Aviation increment for their rank, pathway and competency stream.

2.

The member retains the rate of salary payable immediately before the transfer until the salary payable for the member's Officer Aviation increment for their rank, pathway and competency stream is equal to or greater than the retained rate of salary.

1.

For the purpose of this section, a member in the Navy who meets the applicable conditions set out in this section is placed in the Command Pathway and one of the following competency streams.

 

a.

If the member is in a Pilot employment category or is undertaking training as a rotary wing pilot — Rotary Wing Pilot competency stream.

 

b.

If the member is in a Maritime Aviation Warfare Officer employment category or undertaking training as an aviation warfare officer — Aviation Warfare Officer competency stream.

 

c.

If the member is undertaking training in a Remote Pilot Warfare Officer employment category — Remote Pilot Warfare Officer competency stream.

2.

A member is placed in the Officer Aviation Pay Structure at Officer Aviation increment OA0 on the day they meet either of the following.

 

a.

The member completes studies at the Australian Defence Force Academy and is promoted to Sub Lieutenant.

 

b.

The member is a direct entry officer and meets either of the following.

 

i.

The member has completed the new entry officer course and is promoted to Acting Sub Lieutenant.

 

ii.

The member has completed officer training and is promoted to Sub Lieutenant.

3.

Despite subsection 2, a member is placed in the Officer Aviation Pay Structure at Officer Aviation increment OA1 on the day they meet either of the following.

 

a.

The member meets all of the following.

 

i.

The member was undertaking study at the Australian Defence Force Academy on 30 June 2019.

 

ii.

The member has completed officer training.

 

iii.

The member has graduated from the Australian Defence Force Academy.

 

b.

The member meets both of the following.

 

i.

The member was undertaking officer training as a direct entry officer on 30 June 2019.

 

ii.

The member has completed officer training.

4.

A member who holds the rank of Sub Lieutenant or Lieutenant has Officer Aviation increment OA9 on the day that they meet all of the following.

 

a.

The member has completed operational flying training as a pilot on a military aircraft.

 

b.

The member has 12 months experience on the aircraft following operational flying training.

 

c.

The member has completed 4 ½ years of service since one of the following.

 

i.

The member graduated from the Australian Defence Force Academy.

 

ii.

The member completed officer training.

5.

A member who holds the rank of Sub Lieutenant or Lieutenant has an Officer Aviation increment OA8 on the day that the member meets all of the following.

 

a.

The member has completed operational flying training as an aviation warfare officer on a military aircraft.

 

b.

The member has 12 months experience on the aircraft following operational flying training.

 

c.

The member has completed 4 ½ years of service since one of the following.

 

i.

The member graduated from the Australian Defence Force Academy.

 

ii.

The member completed officer training.

5A.

A member who holds the rank of Sub Lieutenant or Lieutenant has an Officer Aviation increment OA6 on the day that the member meets all of the following.

 

a.

The member has completed remote pilot warfare officer training.

 

b.

The member has completed 4 ½ years of service since one of the following.

 

i.

The member graduated from the Australian Defence Force Academy.

 

ii.

The member was a direct entry officer — the member completed officer training.

6.

Subsections 7 to 9 apply to a member in the Navy who holds a rank between Lieutenant and Captain and who meets both of the following.

 

a.

The member is in a Pilot or Maritime Aviation Warfare Officer employment category.

 

b.

The Director Navy Career Performance Support decides that this subsection applies to the member.

7.

A member who holds the rank of Lieutenant has an Officer Aviation increment that corresponds to the member's years of experience, after completing 12 months experience after operational flying training, as provided in Annex B.3.A Part 1 of DFRT Determination No. 2 of 2017, Salaries.

8.

A member who holds the rank of Lieutenant Commander has an Officer Aviation increment that corresponds to the member's years in rank as provided in Annex B.3.A Part 1 of DFRT Determination No. 2 of 2017, Salaries.

9.

A member who holds the rank of Commander on 1 July 2019 the member has an Officer Aviation increment between OA27 and OA29 that has a corresponding salary that is equal to or next higher than the rate of salary on the day immediately before they enter the Officer Aviation Pay Structure.

10.

A member who holds the rank of Captain on 1 July 2019 the member has an Officer Aviation increment between OA35 and OA37 that has a corresponding salary that is equal to or next higher than the rate of salary on the day immediately before they enter the Officer Aviation Pay Structure.

3.2.47H    Entry placement – Army Aviation Officers – Generalist pathway

1.

If this section applies, the member is placed in the Generalist Pathway and the Rotary Wing Pilot competency stream.

2.

A member has an Officer Aviation increment OA1 on the day they meet both of the following.

 

a.

The member completes the First Appointment Course.

 

b.

The member is promoted to the rank of Lieutenant or Second Lieutenant.

3.

A direct entry member has an Officer Aviation increment OA0 on the day they meet both of the following.

 

a.

The member completes the First Appointment Course.

 

b.

The member is promoted to the rank of Lieutenant or Second Lieutenant.

4.

A member in the Army Aviation Corps has an Officer Aviation increment between OA1 and OA4, that corresponds to the member's years in rank as a Second Lieutenant, on the day they meet all of the following.

 

a.

The member is an Army Aviation Specialist Service Officer undertaking the Regimental Officers Basic Course – Program (aviation) on 30 June 2019.

 

b.

The member is promoted to the rank of Lieutenant.

 

c.

The member completes the Regimental Officers Basic Course – Program (aviation).

5.

Subsection 6 applies to a member in the Army Aviation Corps who meets all of the following on the day immediately before their transfer to the Officer Aviation Pay Structure.

 

a.

The member is in a Pilot employment category.

 

b.

The member is in the generalist stream of the Army Aviation Officer Employment Specification.

 

c.

The member is promoted to the rank of Lieutenant.

 

d.

The member has completed the Regimental Officers Basic Course – Program (aviation).

6.

The member has the higher of the following Officer Aviation increments.

 

a.

The Officer Aviation increment that corresponds to the member's years in rank under Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries.

 

b.

The Officer Aviation increment that has a corresponding rate of salary that is equal to the rate payable immediately before the member's transfer into Officer Aviation Pay Structure, or the next above.

7.

Subsection 8 applies to a member in the Army Aviation Corps who meets all of the following on the day immediately before their transfer to the Officer Aviation Pay Structure.

 

a.

The member is promoted to a rank between Captain and Colonel.

 

b.

The member is in a Pilot employment category.

 

c.

The member has not held an aviation troop command, sub-unit command or unit command appointment.

 

d.

The member is in the generalist stream of the Army Aviation Officer Employment Specification.

8.

The member has the relevant of the following Officer Aviation increments.

 

a.

For a member promoted to the rank of Captain — the member has Officer Aviation increment OA8.

 

b.

For a member promoted to the rank of Major — the member has Officer Aviation increment OA21.

 

c.

For a member promoted to the rank of Lieutenant Colonel — the member has Officer Aviation increment OA27.

 

d.

For a member promoted to the rank of Colonel — the member has Officer Aviation increment OA35.

9.

Subsections 10, 11 and 12 apply to a member in the Army who meets all of the following on the day immediately before their transfer to the Officer Aviation Pay Structure.

 

a.

The member holds a rank between Captain and Colonel.

 

b.

The member is in a Pilot employment category.

 

c.

The member is in the generalist stream of the Army Aviation Officer Employment Specification.

 

d.

The member's rate of salary calculated under subsections 10, 11 or 12 is equal to, or higher than, the member's salary immediately before transfer into Officer Aviation Pay Structure.

10.

For a member without aviation troop command, sub-unit command or unit command, the member has the relevant of the following Officer Aviation increments.

 

a.

For a member at the rank of Captain — the member has an Officer Aviation increment that corresponds with the member's years in rank in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, after the completion of the Regimental Officers Basic Course – Program (aviation), up to a maximum Officer Aviation increment of OA17.

 

b.

For a member at the rank of Major — the member has an Officer Aviation increment that corresponds to the member's years in rank in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, up to a maximum of Officer Aviation increment OA23.

 

c.

For a member at the rank of Lieutenant Colonel — the member has an Officer Aviation increment that corresponds to the member's years in rank in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, up to a maximum of Officer Aviation increment OA28.

11.

For a member with aviation troop command, sub-unit command or unit command, the member has the relevant of the following Officer Aviation increments.

 

a.

For a member at the rank of Captain who holds, or has previously held, aviation troop command and who has completed 6 or more years at rank — the member has Officer Aviation increment OA19.

 

b.

For a member at the rank of Major who holds, or has previously held, aviation subunit command the member has the relevant of the following Officer Aviation increments.

 

i.

If the member has held, or previously held, the aviation sub-unit command appointment for less than 12 months — the member has Officer Aviation increment OA24.

 

ii.

If the member has held, or previously held, the aviation sub-unit command appointment for 12 months or more — the member has Officer Aviation increment OA25.

 

c.

For a member at the rank of Lieutenant Colonel who holds, or has previously held, Aviation unit command the member has the relevant of the following Officer Aviation increments.

 

i.

If the member has held, or previously held, the aviation unit command appointment for less than 12 months — the member has Officer Aviation increment OA29.

 

ii.

If the member has held, or previously held, the aviation unit command appointment for 12 months or more — the member has Officer Aviation increment OA30.

12.

For a member at the rank of Colonel — the member has the Officer Aviation increment that corresponds to the member's years in rank in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries.

3.2.47I    Entry placement – Army Aviation Officers – Specialist pathway without previous command appointment

1.

If this section applies, the member is placed in the Specialist Pathway and the Rotary Wing Pilot competency stream.

2.

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

 

a.

The member meets one of the following.

 

i.

The member is a Captain who has held the rank of Captain for 5 years or more.

 

ii.

The member holds the rank of Major or Lieutenant Colonel.

 

b.

The member is one of the following.

 

i.

The member is in the Pilot – Competency Progression employment category under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries.

 

ii.

The member is in the Pilot – Time Based Progression employment category under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries, and agrees to transfer to the Officer Aviation Pay Structure.

 

c.

The member meets either of the following.

 

i.

The member is a qualified test pilot or flight instructor.

 

ii.

The member has been selected by the Personnel Capability Management Board as a regimental pilot.

 

d.

The member meets either of the following.

 

i.

The member has not held a troop command, sub-unit command or unit command appointment.

 

ii.

The member held the rank of Captain for less than 6 years and held a troop command appointment in the generalist stream of the Army Aviation Officer Employment Specification.

 

e.

The member is in the specialist stream of the Army Aviation Officer Employment Specification.

 

f.

The member's rate of salary for the relevant Officer Aviation increment as calculated in the applicable of subsections 3 to 7, is equal to or greater than the member's rate of salary immediately before their transfer into the Officer Aviation Pay Structure.

3.

For a member who has held the rank of Captain for 5 years or more, the Officer Aviation increment is either of the following.

 

a.

If the member has less than 12 months experience as a test pilot, flight instructor or regimental pilot — the member has Officer Aviation increment OA17.

 

b.

If the member has 12 months or more experience as a test pilot, flight instructor or regimental pilot — the member will advance one increment from Officer Aviation increment OA17 for each 12 months completed as a Captain after their sixth year, up to a maximum of OA23.

4.

For a member who holds the rank of Major and qualified as a test pilot or flight instructor or was selected as a regimental pilot when they held the rank of Captain, the Officer Aviation increment is calculated below, up to the maximum of OA28.

 

a.

The member's Officer Aviation increment calculated under paragraph 3.b.

 

b.

For the member’s promotion to the rank of Major, the relevant of the following applies.

 

i.

If the member’s Officer Aviation increment under paragraph a. is below OA21 — the member's Officer Aviation increment is OA21.

 

ii.

If the member's Officer Aviation increment under paragraph a. is OA21 or above — the member's Officer Aviation increment is increased by one increment.

 

c.

The member's Officer Aviation increment under paragraph b. is increased by one increment, up to the maximum of OA28, for each 12 months completed at the rank of Major.

5.

For a member who holds the rank of Major and who qualified as a test pilot or flight instructor while holding the rank of Major, the member's Officer Aviation increment is calculated using the applicable of the following.

 

a.

If the member qualified within their first 3 years at the rank of Major — the member’s Officer Aviation increment is increased by one increment from OA21, up to the maximum of OA28, for each 12 months completed at the rank of Major.

 

b.

If the member qualified in or after their fourth year at the rank of Major — the member’s Officer Aviation increment is increased by one increment from OA23, up to the maximum of OA28, for each 12 months completed after they qualified.

6.

For a member who holds the rank of Lieutenant Colonel and qualified as a test pilot or flight instructor when they held the rank of Captain has the Officer Aviation increment calculated using all of the following.

 

a.

The member's Officer Aviation increment calculated for a Major under subsection 4.

 

b.

For the member’s promotion to the rank of Lieutenant Colonel, the relevant of the following applies.

 

i.

If the member’s Officer Aviation increment under paragraph a. is below OA27 — the member's Officer Aviation increment is OA27.

 

ii.

If the member's Officer Aviation increment under paragraph a. is OA27 or above — the member's Officer Aviation increment is increased by one increment.

 

c.

The member’s Officer Aviation increment under paragraph b. is increased by one increment, up to the maximum of OA30, for each 12 months completed at the rank of Lieutenant Colonel.

7.

For a member who holds the rank of Lieutenant Colonel and qualified as a test pilot or flight instructor when they held the rank of Major has the Officer Aviation increment calculated using all of the following.

 

a.

The member's Officer Aviation increment for the rank of Major is the relevant of the following.

 

i.

If the member qualified within the first 3 years at the rank of Major — the member’s Officer Aviation increment is increased by one increment from OA21 for each 12 months completed at the rank of Major, up to the maximum of OA28.

 

ii.

If the member qualified in or after their fourth year at the rank of Major — the member's Officer Aviation increment is increased by one increment from OA23 for each 12 months completed after they qualified, up to the maximum of OA28.

 

b.

For the member’s promotion to the rank of Lieutenant Colonel, the member’s Officer Aviation increment under paragraph a. is increased by one increment.

 

c.

The member’s Officer Aviation increment under paragraph b. is increased by one increment, up to the maximum of OA30, for each 12 months completed at the rank of Lieutenant Colonel.

3.2.47J    Entry placement – Army Aviation Officers – Specialist pathway with previous command appointment

1.

For the purpose of this section, anniversary occurs every 12 months after the member's most recent promotion date.

2.

If this section applies to a member, the member is placed in the Specialist Pathway and the Rotary Wing Pilot competency stream.

3.

This section applies to a member in the Army who meets all of the following on the day immediately before their transfer to the Officer Aviation Pay Structure.

 

a.

The member holds a rank between Captain and Lieutenant Colonel.

 

b.

The member is one of the following.

 

i.

The member is in the Pilot – Competency Progression employment category under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries.

 

ii.

The member is in the Pilot – Time Based Progression employment category under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries, and agrees to transfer to the Officer Aviation Pay Structure.

 

c.

The member meets either of the following.

 

i.

The member is a qualified test pilot or flight instructor.

 

ii.

The member has been selected by the Personnel Capability Management Board as a regimental pilot.

 

d.

The member has held one of the following appointments in the generalist stream of the Army Aviation Officer Employment Specification.

 

i.

Aviation troop command for 12 months or more.

 

ii.

Aviation sub-unit command.

 

iii.

Aviation unit command.

 

e.

The member is in the specialist stream of the Army Aviation Officer Employment Specification.

 

f.

The member's rate of salary for the relevant Officer Aviation increment, as calculated in the applicable of subsections 4 to 7, is equal to or greater than the member's rate of salary immediately before their transfer into the Officer Aviation Pay Structure.

4.

Subsection 5 applies to a member who meets all of the following conditions.

 

a.

The member has held the rank of Captain for 6 or more years.

 

b.

The member has held an aviation troop command appointment.

 

c.

The member qualified as a test pilot or flight instructor or was selected as a regimental pilot after they met the conditions in paragraphs a. and b.

5.

The relevant of the following Officer Aviation increments applies to the member.

 

a.

If the member has less than 12 months experience as a test pilot, flight instructor or regimental pilot — the member has Officer Aviation increment OA19.

 

b.

If the member has 12 months or more experience as a test pilot, flight instructor or regimental pilot, their Officer Aviation increment increases by one increment from Officer Aviation increment OA19, up to the maximum increment of OA23, each anniversary after qualifying as a test pilot, flying instructor or regimental pilot.

6.

For a member who holds the rank of Major the relevant of the following increments applies.

 

a.

If the member has less than 12 months experience as a test pilot or flight instructor — the member has Officer Aviation increment OA24.

 

b.

If the member has 12 months or more experience as a test pilot or flight instructor their Officer Aviation increment increases by one increment from Officer Aviation increment OA24 for each 12 months after the member's anniversary, up to the maximum increment of OA28.

7.

For a member who holds the rank of Lieutenant Colonel the relevant of the following increments applies.

 

a.

If the member has less than 12 months experience as a test pilot or flight instructor — the member has Officer Aviation increment OA29.

 

b.

If the member has 12 months or more experience as a test pilot or flight instructor — the member has Officer Aviation increment OA30.

1.

This section applies to a member in the Air Force who is not an aviation specialist and any of subsections 3 to 6 applies to them.

2.

On the day after the applicable of subsections 3 to 6 applies, the following apply

 

a.

The member is placed in the relevant pathway and competency stream.

 

b.

The member has an Officer Aviation increment in the relevant of the following that has a corresponding salary that is equal to, or greater than, the rate of salary payable to the officer immediately before their placement.

 

i.

For a member of the Permanent Forces — DFRT Determination No. 2 of 2017, Salaries, Schedule B.14 Part 3.

 

ii.

For a member of the Reserves — DFRT Determination No. 2 of 2017, Salaries, Schedule B.14 Part 4.

3.

A member in an air traffic control employment category becomes an Officer Aviation member on the day after they meet both of the following.

 

a.

The member has been promoted under paragraph 13(1)(a) of the Defence Regulation to a rank between Flight Lieutenant and Group Captain.

 

b.

The member has completed their initial minimum period of service or return of service obligation that was applied for their initial air traffic control training.

4.

Subsections 5 and 6 apply to a member in any of the following employment categories.

 

a.

Air Battle Management.

 

b.

Airborne Electronics Officer.

 

c.

Air Mobility Officer.

 

d.

Fast Jet Pilot.

 

e.

Fixed Wing Pilot.

 

f.

Maritime Patrol and Response Officer.

 

g.

Weapons Systems Officer.

5.

A member who holds an employment category listed in subsection 4 becomes an Officer Aviation member on the day after they meet both of the following.

a.

The member has been promoted under paragraph 13(1)(a) of the Defence Regulation to a rank between Flight Lieutenant and Group Captain.

 

b.

The member meets the conditions for a relevant item in the table below.

 

Column 1

Item

Column 2

An officer who is promoted to the rank of

Column 3

and who is paid at this increment in Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries

Column 4

and is in either of the following relevant pay grades in Part 4 of Schedule B.2 of DFRT Determination No. 2 of 2017, Salaries.

1.

Flight Lieutenant

O3 – 5

a. For legacy employment categories — pay grade 10.

b. For competency progression employment categories — between pay grade 5 and pay grade 9, inclusive.

2.

Squadron Leader

O4 – 2

3.

Wing Commander

O5 – 1

4.

Group Captain

O6 – 1

 

 

Exception: A member who meets all of the following.

 

a.

The member is not in an air traffic control employment category.

 

b.

The member has been promoted from Flight Lieutenant to Squadron Leader.

 

c.

The member was paid an increment between O3 – 0 and O3 – 4, inclusive, in Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries, immediately before being promoted to Squadron Leader.

 

d.

The member is in a competency progression employment category between pay grade 5 and pay grade 9, inclusive, in Part 4 of Schedule B.2 of DFRT Determination No. 2 of 2017, Salaries.

6.

A member in an employment category listed in subsection 4, or in an air traffic control employment category, who meets either of the following.

a.

The member is paid at increment O3 – 3 in Schedule B.4 of DFRT Determination No. 2 of 2017, Salaries.

 

b.

The member’s rate of salary is administered by table item 1.c, 2.a.ii, or 2.b.ii in section B.2.5 of DFRT Determination No. 2 of 2017, Salaries, and the member’s salary under Schedule B.14, Part 3 or Part 4, of DFRT Determination No. 2 of 2017, Salaries, that corresponds to the member’s rank, pathway, competency stream and increment would be equal to or greater than the rate of salary than that determined by any of the table items, as adjusted from time to time.

7.

Despite subsection 3 to 6, the CDF may decide to transfer a member to the Officer Aviation Pay Structure at any time before the member meets the relevant conditions.

1.

This section does not apply to a member transferring into Officer Aviation Pay Structure from the salary structure for aviation specialists.

2.

An officer of the Navy is placed in the Command Pathway, Rotary Wing Pilot competency stream at Officer Aviation increment OA9 on the day that the member meets both of the following.

 

a.

The member has completed operational flying training as a pilot on a military aircraft.

 

b.

The member has 12 months experience on the aircraft following operational flying training.

3.

An officer of the Navy is placed in the Command Pathway, Aviation Warfare Officer competency stream at Officer Aviation increment OA8 on the day that the member meets both of the following.

 

a.

The member has completed operational flying training as an aviation warfare officer on a military aircraft.

 

b.

The member has 12 months experience on the aircraft following operational flying training.

3A.

An officer in the Navy is placed in the Command Pathway, Remote Pilot Warfare Officer competency stream at Officer Aviation increment OA6 on the day the member has completed remote pilot warfare officer training.

4.

An officer of the Army who holds the rank of Lieutenant is placed in the Generalist Pathway, Rotary Wing Pilot competency stream at the relevant of the following Officer Aviation increments on the day that the member completes the Regimental Officers Basic Course  Program (aviation).

 

a.

If the member has less than 12 months experience as a Lieutenant — the member's Officer Aviation increment is OA1.

 

b.

If the member has 12 months or more experience as a Lieutenant — the member's Officer Aviation increment of OA1 is increased by one for each 12 months completed as Lieutenant, up to a maximum increment of OA4.

5.

An officer of the Army who holds the rank of Captain or above is placed in the Generalist Pathway, Rotary Wing Pilot competency stream at the relevant of the following Officer Aviation increments on the day that the member completes the Regimental Officers Basic Course – Program (aviation).

 

a.

If the member has less than 12 months experience as an aviation officer — the member's Officer Aviation increment is the minimum increment for their rank.

 

b.

If the member has 12 months or more experience as an aviation officer — the member's Officer Aviation increment is the minimum increment for their rank that is increased by one increment as set out in Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, for each 12 months completed as an aviation officer, up to the maximum increment for their rank but not including the command increment levels.

6.

An officer of the Air Force who transfers from an employment category is not specified in section 3.2.47K or from the air traffic control employment category is placed in the Command Pathway, the relevant competency stream for their qualifications and the minimum Officer Aviation increment for their rank on the day they are awarded a Category D qualification or Air Traffic Controller primary endorsement.

7.

Subsection 8 applies to an officer who meets both of the following on the day immediately before their transfer into Officer Aviation Pay Structure.

 

a.

Their rate of salary was administered by section B.2.5 table item 1.c, 2.a.ii or 2.b.ii of DFRT Determination No. 2 of 2017, Salaries.

 

b.

Their rate of salary immediately before their transfer is higher than the rate of salary payable for the member's Officer Aviation increment for their rank pathway and competency stream

8.

The member retains the rate of salary payable immediately before the transfer until the salary payable for the member's Officer Aviation increment for their rank, pathway and competency stream is equal to or greater than the retained rate of salary.

1.

This section does not apply to an Officer Cadet.

2.

When a member enters the Officer Aviation Pay Structure the CDF may decide to place the member on an Officer Aviation increment that is between the minimum and maximum Officer Aviation increment for the member’s rank, pathway and competency stream.

3.

The CDF must consider the following when making a decision under subsection 2.

 

a.

The member’s experience, qualifications and skills.

 

b.

The member’s previous relevant military service.

 

c.

The Officer Aviation increment the member would otherwise have been placed on in the Officer Aviation Pay Structure.

 

d.

If an officer is reappointed — whether the qualifications, skills or training requirements for the rank have changed since the member last served.

 

e.

If a member was reduced in rank — the reason for the reduction in rank.

 

f.

If a member was reduced in rank and is later promoted to the rank they held previously before the reduction in rank — the periods of the member's service at the higher rank.

 

g.

Any other matters relevant to the periods of service for increment advancement.

1A.

This section applies to a member in the Navy at the rank of Sub Lieutenant or Lieutenant.

1.

A member in the Rotary Wing Pilot competency stream has Officer Aviation increment OA9 on the day they meet both of the following.

 

a.

The member has completed operational flying training as a pilot on a military aircraft.

 

b.

The member has 12 months experience as a pilot on the military aircraft following operational flying training.

2.

A member in the Aviation Warfare Officer competency stream has Officer Aviation increment OA8 on the day they meet both of the following.

 

a.

The member has completed operational flying training as an aviation warfare officer on a military aircraft.

 

b.

The member has 12 months experience as an aviation warfare officer on the military aircraft following operational flying training.

3.

A member in the Remote Pilot Warfare Officer competency stream has an Officer Aviation increment of OA6 on the day they meet both of the following.

 

a.

The member has completed remote pilot warfare officer training.

 

b.

The member has completed 4 ½ years of service since one of the following.

 

 

i.

The member graduated from the Australian Defence Force Academy.

 

 

ii.

The member was a direct entry officer — the member completed officer training.

1.

This section does not apply to the following members.

 

a.

A member in the Navy who is promoted to Acting Sub Lieutenant, Sub Lieutenant or Lieutenant.

 

b.

A member in the Army who is promoted to Second Lieutenant or Lieutenant.

 

c.

A member in the Air Force who is promoted to Pilot Officer or Flying Officer.

2.

On the day that an Officer Aviation member is promoted, the member has the lowest Officer Aviation increment for their rank, pathway and competency stream.

3.

Despite subsection 2, the member may be placed on a higher Officer Aviation increment for their rank, pathway and competency stream that is decided by the CDF when the member has a period of service that meets all of the following.

 

a.

The service was performed by the member at the rank the member is promoted to, or a higher rank.

 

b.

The service was performed by the member at the standard of competence expected for the member's pathway and competency stream for the rank the member is promoted to, or a higher rank.

 

c.

The service was performed by the member was for either of the following.

 

 

i.

For a member in the Navy or Air Force — the service is performed for a cumulative period of at least 12 months and the CDF is satisfied it is relevant to the member's ability to contribute to capability at the rank to which the member is promoted.

 

 

ii.

For a member of the Army— the service was performed at the rank the member is promoted to or at a higher rank for a continuous period of at least 12 months.

4.

On the day that a member in the Army Specialist Pathway is promoted, the relevant of the following applies.

 

a.

If the member is promoted to a rank below Colonel and their increment before the promotion is below the lowest increment for their promoted rank — the member has the minimum Officer Aviation increment for their promoted rank.

 

b.

If the member is promoted to a rank below Colonel and their increment before the promotion is equal to or above the lowest increment for their promoted rank — the member has an Officer Aviation increment that is one above the increment they held before their promotion.

 

c.

If the member is promoted to Colonel — the member is transferred to the Generalist pathway and placed on Officer Aviation increment OA35.

1.

A member of the Navy in the Rotary Wing Pilot competency stream or the Aviation Warfare Officer competency stream has Officer Aviation increment OA29 on the day that they meet all of the following.

 

a.

The member holds the rank of Commander.

 

b.

The member is in the Command Pathway.

 

c.

The member is Aviation Command qualified.

 

d.

The member holds a Command appointment.

1A.

A member of the Navy in the Remote Pilot Warfare Officer competency stream has Officer Aviation increment OA25 on the day that they meet all of the following.

 

a.

The member holds the rank of Commander.

 

b.

The member is in the Command Pathway.

 

c.

The member is Command qualified.

 

d.

The member holds a Command appointment.

2.

Subsection 3 applies to a member in the Army who meets all of the following.

 

a.

The member is one of the following.

 

 

i.

The member is a Captain and has held the rank 6 or more years.

 

 

ii.

The member holds the rank of Major or Lieutenant Colonel.

 

b.

The member is in the Generalist Pathway.

 

c.

The member has graduated from the Regimental Officer Basic Course – Program (aviation).

 

d.

The member holds an aviation troop command, sub-unit command or unit command appointment.

3.

The member has the relevant of the following Officer Aviation increments.

 

a.

A member holding the rank of Captain — the member's Officer Aviation increment is OA19.

 

b.

A member holding the rank of Major has the Officer Aviation increment OA24.

 

c.

A member holding the rank of Lieutenant Colonel has the Officer Aviation increment OA29.

1.

On the day that an Officer Aviation member is reduced in rank for a reason under the following, the CDF may decide the member's Officer Aviation increment for the lower rank, within the member’s pathway and competency stream.

 

a.

For a member in the Navy or Army — subsection 14(1) of the Defence Regulation.

 

b.

For a member in the Air Force — paragraph 14(1)(a), (b) or (c) of the Defence Regulation.

2.

The CDF must take the following into consideration when making a decision under subsection 1.

 

a.

The member’s previous service at the lower rank.

 

b.

The member’s relevant service in the higher rank.

 

c.

The circumstances of the reduction in rank.

3.

To avoid doubt, if an Officer Aviation member in the Air Force has their rank reduced under paragraph 14(1)(d) of the Defence Regulation, the member continues to hold the Officer Aviation increment the member held immediately before the reduction in rank.

1.

On the day that a Navy or Army Officer Aviation member loses their Command appointment for one of the following reasons, the CDF may decide the member's Officer Aviation increment within the increment range for the member's rank, pathway and competency stream, excluding the command increment levels.

 

a.

The member was imposed with a censure or formal warning.

 

b.

The member was convicted of either of the following.

 

i.

An offence under the Defence Force Discipline Act 1982.

 

ii.

A civilian criminal offence.

 

c.

The member was suspended from duty.

2.

The CDF must take the following into consideration when making a decision under subsection 1.

 

a.

The member’s previous service.

 

b.

The circumstances of the loss of the command appointment.

1.

For the purposes of subsections 3 and 4, the advancement period is any of the following periods of service.

 

a.

For a member in the Permanent Forces — 12 months of service.

 

b.

For a member in the Reserves (providing Reserve service and continuous full-time service) — 20 or more days of Reserve service in a 12 month period.