Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2021 (No. 7)

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

Dated 8 June 2021

F L McSPEERIN

Fiona Louise McSpeerin

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Salary and DFRT Allowance Definitions Amendments

Defence Determination 2016/19, Conditions of service

Schedule 3— Non-reduction provision amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Overseas conditions of service miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 5—Transitional provisions

Defence Determination 2016/19, Conditions of service

 

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 7).

2  Commencement

This instrument commences on 10 June 2021.

3  Authority

This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

 

Omit “Where” wherever occurring, substitute “If”.

 

Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “where”, substitute “if”.

 

Omit “where”, substitute “if”.

 

Omit the see note.

 

Omit the note.

 

Omit “entitlement”, substitute “benefit”.

 

Omit “entitlement”.

 

Omit “Where”, substitute “If”.

 

Omit “Director-General Defence Community Organisation”, substitute “Director General Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “where” wherever occurring, substitute “for which”.

 

Omit “Where”, substitute “If”.

 

Omit “Navy People Career Management Agency”, substitute “Navy Career Performance Support”.

 

Omit the subsection, substitute:

1.

This section applies to a member if all of the following apply on 13 May 2021.

 

a.

The member was on one of the following.

 

 

i.

A salary non-reduction provision under this Division.

 

 

ii.

A salary preservation provision under Part C of DFRT Determination No. 2 of 2017, Salaries.

 

b.

The member’s salary on 13 May 2021 is less than the sum of the following on 12 May 2021.

 

 

i.

The member’s salary payable under the non-reduction or salary preservation provision.

 

 

ii.

Service allowance payable under Division B.2 of DFRT Determination No. 11 of 2013, ADF allowances, on 12 May 2021.

 

 

iii.

Uniform allowance payable to the member under Chapter 10 Part 1, on 12 May 2021.

 

Omit the subsection, substitute:

5.

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

 

a.

Director Navy Career Performance Support.

 

b.

Deputy Director Navy Career Performance Support.

 

Omit the Division.

 

Omit “where”, substitute “if”.

 

Omit “an additional year”, substitute “one additional year at a time”.

 

Omit the subsection.

 

Omit the paragraph, substitute:

 

a.

If the previous period of service or employment was ceased due to illness and, having considered the member’s duties before their illness, the CDF is satisfied that the member has returned to suitable duties in the ADF within 1 year of their recovery.

 

After the paragraph, insert:

 

c.

The leave must be taken within 14 weeks after one of the following.

 

 

i.

The birth of a child of the member.

 

 

ii.

The adoption of a child by the member.

 

 

iii.

The child being placed in the member’s or their partner’s care under a permanent care order issued by a court or statutory authority.

 

Omit “where’ wherever occurring, substitute “if.

 

Omit “where’, substitute “if a”.

 

Omit “where’, substitute “if a”.

 

Omit the subsection, substitute:

1.

A member with dependants or a member with dependants (unaccompanied) is eligible for assistance for a removal to a personal location under Part 5 Division 2 if the CDF is satisfied of all of the following.

 

a.

The member has substantial compassionate reasons for the removal.

 

b.

That the removal is in the interests of the ADF.

 

Omit “where both”, substitute “when all of”.

 

Omit “Where” wherever occurring, substitute “If”.

 

Omit the section, substitute:

 

A member is eligible for storage costs or the costs of removal to and from storage if the CDF is satisfied that all of the following conditions are met.

 

a.

The member is not eligible for the benefit for reasons beyond the member’s control.

 

b.

The benefit would be consistent with the purposes of this Division.

 

c.

The benefit would be a proper use of resources.

 

Omit the subsection, substitute:

5.

A member who has made a choice under paragraph 2.a must vacate the living-in accommodation if the CDF is satisfied of any of the following.

 

a.

The living-in accommodation is required for other members.

 

b.

The living-in accommodation requires maintenance or repair.

6.

If subsection 5 applies, the member is treated as a member who chose to leave the living-in accommodation under paragraph 2.b.

 

Omit “Where”, substitute “If”.

 

Omit “Where”, substitute “If”.

 

Omit the see note.

 

Omit the example.

 

Omit “where”, substitute “if”.

 

Omit the section.

 

Omit the subsection, substitute:

7.

A member is eligible to be categorised as a member with dependants (unaccompanied) if all of the following apply.

 

a.

The member is not provided with removal benefits for their dependants to move to a personal location.

 

b.

At least 1 dependant living in the home in the personal location is not a child.

Note: A child is defined in section 1.3.81 to include a child of the member or their partner who is up to 21 or who has an invalidity or a disability, regardless of age.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit the subsection, substitute:

1.

A member is eligible for education assistance if they have not received a benefit for education assistance under this Part for the child and the CDF is satisfied of all of the following.

 

a.

The reasons for the member not being eligible for education assistance are beyond the member’s control.

 

b.

There are special reasons for providing education assistance.

 

Omit the section, substitute:

1.

Subject to subsection 3, a member is eligible to be reimbursed the cost of a subscription to a web-based tutoring service if the child’s teacher or school principal recommends that a child receive tutoring.

2.

A member may not be reimbursed any of the following costs.

 

a.

Computer software costs.

 

b.

Computer hardware costs.

 

c.

Internet access costs.

3.

A reimbursement under this section is calculated using the following formula.

 

 

Where:

 

A

for a condition in an item in column A of the following table the amount in column B of the same item.

 

Item

Column A

Conditions

Column B

Maximum limit

1.

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

$1,531

2.

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

$2,841

3.

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

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

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

$5,682

 

 

B

is the number of subjects that meet all of the following.

 

 

i.

The subject was certified by the child's new school under paragraph 8.4.9.c.

 

 

ii.

The child is provided with online tuition on the subject.

 

C

is the amount reimbursed to the member for any face-to-face tutoring under section 8.4.10.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “where the member”, substitute “to a member who”.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit the section, substitute:

1.

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

 

a.

The member has a child who meets all these conditions.

 

i.

They are less than 25 years old.

 

ii.

They are doing a full-time undergraduate course at a tertiary institution within Australia.

 

iii.

They are unable to take the selected course at an institution within the member's location of residence.

 

iv.

They are not eligible for Youth Allowance as an independent full-time student living away from home.

Note: A member must show a statement from Centrelink that the child is ineligible for Youth Allowance under the Social Security Act 1991.

 

b.

The member incurs costs for the child's accommodation.

Note: Accommodation includes accommodation owned or rented by the member.

2.

Despite subsection 1, a member is eligible for benefits under this Division if all the following apply.

 

a.

The member’s child can attend an equivalent course in the member’s location of residence but needs to study elsewhere.

 

b.

The CDF is satisfied that is it reasonable in the circumstances.

3.

For the purpose of subsection 2, the CDF must consider all the following.

 

a.

If family members can provide support to the student.

 

b.

Factors relevant to the course of study or research, including the availability of specialist academic staff.

 

c.

The child's age, school history, educational needs, family circumstances and general welfare.

 

d.

The circumstances of the member's posting and the likely location of future postings.

 

e.

Any other assistance available from the Defence Member and Family Support to support dependants with special needs.

 

f.

Any other disabilities of the child.

 

g.

The interests of the Commonwealth.

 

h.

Any other factor relevant to the child's educational progress.

 

i.

If the need has arisen as a consequence of the member being posted to a new location — all of the following.

 

 

i.

The facilities offered by educational institutions in the former and gaining locations.

 

 

ii.

Staff advice from educational institutions in the former and gaining locations.

 

 

iii.

The nature of the education system in the gaining location.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “DCO”, substitute “Defence Member and Family Support”.

 

Omit “Where”, substitute “If”.

 

Omit wherever occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit wherever occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “DCO”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “where”, substitute “if”.

 

Omit wherever occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit the notes.

 

Omit the subsection, substitute:

2.

The member is eligible for the following payments for the duration of a delay for themselves and their dependants who travel with them under subsection 1 if the CDF is satisfied it is reasonable.

 

a.

Meal allowance paid at the rate specified in Annex 9.5.A Part 4 columns B, C and D.

 

b.

The reasonable cost of accommodation in the most practicable location before the road or border closure.

 

Omit “and”, substitute “are”.

 

Omit “and”, substitute “are”.

 

Omit twice occurring “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit the section.

 

Omit “where”, substitute “if”.

 

Omit “, where” wherever occurring, substitute “if”.

 

Omit “, where” wherever occurring, substitute “if”.

 

Omit the subsection.

 

Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation wherever occurring, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit wherever occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “where” wherever occurring, substitute “if”.

 

Omit “where”, substitute “if”.

 

Omit “where”, substitute “if”.

 

Omit “where”, substitute “if”.

 

Omit “Part 2”, substitute “Part 2A”.

 

After the section, insert:

 

A member is eligible to be reimbursed the cost of one COVID-19 test each school term for a school-age dependant if the following conditions are met.

 

a.

The school-age dependant attends, or is to attend, a school.

 

b.

A COVID-19 test is a mandatory requirement of the school.

 

c.

The school-age dependant has a COVID-19 test.

 

Omit “CDF”, substitute “Assistant Secretary People Policy and Employment Conditions”.

 

Omit wherever occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.

 

Omit the subsection, substitute:

1.

This section applies to decisions under all of the following.

 

a.

Subsection 16.1.8.1.

 

b.

Subparagraph 16.2A.3A.c.ii.

 

Omit twice occurring “the Defence Community Organisation”, substitute “Defence Member and Family Support”.

Schedule 2—Salary and DFRT Allowance Definitions Amendments

Defence Determination 2016/19, Conditions of service

 

Omit “under DFRT Determination No. 2 of 2017, Salaries”.

 

Omit the subsection, substitute:

2.

If a member is eligible for a daily rate of a DFRT allowance, the rate is listed in the relevant determination.

 

After the section, insert:

 

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

 

Omit “Salaries”, substitute “Salaries, as amended from time to time”.

 

Omit twice occurring “salary related allowances”, substitute “DFRT allowances”.

 

Omit “salary related allowances”, substitute “DFRT allowances”.

 

Omit the paragraph, substitute:

 

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.

 

Omit twice occurring “salary related allowances”, substitute “DFRT allowances”.

 

Omit “salary related allowances”, substitute “DFRT allowances”.

 

Omit the subsection, substitute:

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.

 

Omit “salary or salary related allowances”, substitute “salary, DFRT allowances or Language allowance”.

 

Omit wherever occurring “salary related allowances”, substitute “DFRT allowances”.

 

Omit the paragraph, substitute:

 

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.

 

Omit “salary and salary related allowances”, substitute “salary, DFRT allowances and Language allowance”.

 

Omit “salary and salary related allowances”, substitute “salary, DFRT allowances and Language allowance”.

 

Omit wherever occurring “salary related allowances”, substitute “DFRT allowances”.

 

Omit wherever occurring “salary”, substitute “salary and allowances”.

 

Omit the subsection, substitute:

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.

 

Omit “salary-related allowances”, substitute “DFRT allowances”.

 

Omit “the rate of allowance”, substitute "the annual rate of allowance".

 

Omit “Rate ($)”, substitute "Annual rate ($)".

 

Omit the section.

 

Omit “substantive”.

 

Omit the subsection, substitute:

2.

If a member has been directed to act at a higher rank under paragraph 13(1)(b) of the Defence Regulation, the member is paid salary for that rank unless the direction ceases to apply before the member starts their leave.

 

Omit the subsection, substitute:

1.

A member continues to be eligible to receive any of the following allowances if they were eligible to receive the allowance immediately before they started their leave.

 

a.

An annual DFRT allowance under DFRT Determination No. 11 of 2013, ADF allowances.

 

b.

An allowance under this Determination.

 

Omit the paragraph, substitute:

 

d.

If the member received notice to show cause that results in their service being terminated under section 24(1)(a) of the Defence Regulation due to being medically unfit for service in the Defence Force.

 

Omit the paragraph.

 

Omit the section, substitute:

 

In this Division the following apply.

 

Accrued leave credit means the sum of leave credits accrued from the following types of accruable leave (measured in days).

 

a.

Additional recreation leave.

 

b.

Overseas additional recreation leave.

 

c.

Basic recreation leave.

 

d.

Extra recreation leave.

 

e.

War service leave.

 

Annual allowance means a DFRT allowance or an allowance paid under this Determination, other than the following.

 

a.

Rent allowance.

 

b.

Executive vehicle allowance.

 

c.

Higher duties allowance that has been paid to the member on a continuous basis for less than a year.

 

Commonwealth entity has the same meaning as given in section 10 of the Public Governance, Performance and Accountability Act 2013, as in force from time to time.

 

Daily rate means the annual rate of any of the following divided by 365.

 

a.

Salary.

 

b.

An annual allowance.

 

Purchased recreation leave credit means a member's purchased recreation leave credit measured in days, including part days.

Note: 1 hour equals 0.125 day.

 

Omit the subsection, substitute.

2.

The member is to be paid the sum of the following.

 

a.

For each day of accrued leave credit and purchase leave credit, all of the following.

 

 

i.

The daily rate of salary.

 

 

ii.

The daily rate of an annual allowance the member would be eligible to receive on recreation leave if the recreation leave were taken on their last day of service.

 

b.

For every 5 days of accrued leave credit, two days of salary and annual allowances paid at the daily rate.

3.

For the purpose of subparagraph 2.a.i, the rate of salary used to calculate the daily rate of salary is one of the following.

 

a.

If the member’s last promotion was under section 13(1)(a) of the Defence Regulation— the rate of salary of their rank.

 

b.

If on the member’s last day of service, the member was under a direction to act at a higher rank under section 13(1)(b) of the Defence Regulation and has held that rank for less than 1 year — the rate of salary for their rank had the direction not applied.

 

c.

If on the member’s last day of service, the member was under a direction under section 13(1)(b) of the Defence Regulation to act at a higher rank and has held that rank for 1 year or more — the rate of salary for the higher rank.

 

Omit the subsection, substitute:

2.

The senior officer is to be paid an amount calculated using the following formula.

 

1.

Where:

 

A

is the sum of accrued leave credits and purchased recreation leave credits (in days) held by the senior officer at the end of their appointment, multiplied by the sum of the daily rate of salary and annual allowances that were payable to the senior officer on the last day of their appointment.

 

B

is the amount of recreation leave credits (in days) accrued during the senior officer's transition period, multiplied by the sum of the daily rate of salary and annual allowances that were payable to the senior officer on their last day in the Permanent Forces.

 

C

is the amount of accrued leave credits (in days) the senior officer used during their transition period, multiplied by the sum of the daily rate of salary and annual allowances that were payable to the senior officer immediately before becoming a senior officer who transitioned.

 

Omit the subsection.

2.

The new Commonwealth entity is to be paid the sum of the following.

 

a.

For each day of accrued leave credit and purchase leave credit, the daily rate of salary.

 

b.

For every 5 days of accrued leave credit, two days of salary paid at the daily rate.

2A.

For the purpose of paragraph 2.a, the rate of salary used to calculate the daily rate of salary is one of the following.

 

a.

If the member’s last promotion was under section 13(1)(a) of the Defence Regulation, — the rate of salary of their rank.

 

b.

If on the member’s last day of service, the member was under a direction to act at a higher rank under section 13(1)(b) of the Defence Regulation and has held that rank for less than 1 year — the rate of salary for their rank had the direction not applied.

 

c.

If on the member’s last day of service, the member was under a direction under section 13(1)(b) of the Defence Regulation to act at a higher rank and has held that rank for 1 year or more — the rate of salary for the higher rank.

 

Omit the section.

 

Omit “for”, substitute “and allowances during”.

 

Omit the section, substitute:

1.

A member is eligible to receive the salary payable to them while on long service leave.

2.

If a member was under a direction to act a higher rank under section 13(1)(b) of the Defence Regulation before the start date of their long service leave, the member’s salary is paid at the rate of the higher rank at which they were directed to act.

 

Omit the section.

 

Omit the section, substitute:

1.

A member is eligible to receive a DFRT allowance during long service leave if they were eligible for the allowance on the day immediately before the member commences long service leave.

2.

If a member was in one of the following situations for the whole period from when they were last eligible for a DFRT allowance until they commence long service leave the member is eligible to receive the allowance during their long service leave.

 

a.

The member was ill or in hospital.

 

b.

The member was prevented from taking long service leave because they were required to remain on duty.

 

c.

If the member has received notice to show cause that results in their service being terminated under section 24(1)(a) of the Defence Regulation due to medically unfit for service in the Defence Force.

 

Omit “section 5.5.22 or”.

 

Omit “substantive rank”, substitute “rank, including a higher rank which the member has been directed to act in under section 13(1)(b) of the Defence Regulation,”.

 

Omit the related information.

 

Omit the section, substitute:

 

In this Part the following apply.

 

Birth means the birth of a child that occurs from 20 weeks before the expected date of the birth.

Note: A multiple birth is taken to be a single event under this Part.

 

Qualifying service means a continuous period of 12 months of the following.

 

a.

Full-time service in the ADF.

 

b.

Any other employment recognised for the purpose of the Maternity Leave (Australian Government Employees) Act 1973, subsection 6(4).

 

Required absence means a period of absence under Division 3.

 

Termination means an event that results in a pregnancy ending, without the birth of a live child. The event must occur from 20 weeks before the expected date of the birth.

 

Omit the section, substitute:

1.

Subject to subsection 2, a member is eligible for the following for the first 14 weeks of maternity leave.

 

a.

Salary that would be payable under section 5.4.36 if the member were on recreation leave.

 

b.

Allowances that would be payable under section 5.4.37 if the member were on recreation leave.

2.

Subsection 1 does not apply to a member during a period when she has not completed her qualifying service.

3.

If a member completes her qualifying service during the first 14 weeks of maternity leave the member is eligible for salary and allowances payable under subsection 1 for the remaining period of her 14 weeks maternity leave.

Note: The member’s first 14 weeks of maternity leave is not extended.

 

Omit the section, substitute:

1.

If a member is eligible for paid maternity leave under section 5.6.14, the member may be paid at half the rate payable under subsection 5.6.14.1 for a specified period.

2.

Paid maternity leave paid at half the rate payable under subsection 5.6.14.1 has the following effects.

 

a.

The period of paid maternity leave is increased by the number of weeks of the portion of paid maternity leave paid at half the rate (the additional period).

 

b.

The member is eligible for payment at half the rate payable under subsection 5.6.14.1 for the additional period under paragraph a.

3.

The period that the member receives maternity leave at half pay cannot be more than the period the member takes maternity leave.

 

After “salary”, insert “and allowances”.

 

Omit the section.

 

Omit the subsection, substitute:

2.

If payment instead of war service leave is approved under subsection 1, for each period in an item in column A of the following table the member is eligible for the amount in column B of the same item.

 

Item

Column A

Period

Column B

Amount to be paid

1.

For every 5 days of war service leave credit.

Seven days of salary and allowances payable under sections 5.4.36 and 5.4.37.

2.

For every remaining whole day of war service leave credit.

One day of salary and allowances payable under sections 5.4.36 and 5.4.37.

 

 

Omit the subsection.

 

After the title insert:

 

Omit the section.

 

After the section, insert:

 

After the section, insert:

 

Omit twice occurring “salary-related allowances”, substitute “DFRT allowances”.

 

 

Schedule 3— Non-reduction provision amendments

Defence Determination 2016/19, Conditions of service

 

Before the heading, insert:

 

 

NAVY

1AA.

Pay grade 6

Communications and Information Systems — Communications Grade 5 —Tier A

1 July 2021

1 July 2026

 

 

After the table item, insert:

 

1A.

Pay grade 5

Communications and Information Systems —Communications Grade 4

1 July 2021

1 July 2026

1B.

Pay grade 5

Communications and Information Systems —Information Grade 4

1 July 2021

1 July 2026

1C.

Pay grade 6

Communications and Information Systems —Communications Grade 5

1 July 2021

1 July 2026

1D.

Pay grade 6

Communications and Information Systems —Information Grade 5

1 July 2021

1 July 2026

 

Schedule 4—Overseas conditions of service miscellaneous amendments

Defence Determination 2016/19, Conditions of service

 

In this Schedule the following apply.

 

Example also includes reference to non-example.

 

See note also includes reference to see also, related information, relevant information and authority.

 

Omit the Part.

 

Omit the examples.

 

Omit the see note.

 

Omit the example.

 

Omit the related information.

 

Omit the paragraph, substitute:

 

c.

A person recognised as a dependant with special needs under section 1.3.84, regardless of age.

 

Omit the see note.

 

Omit the example.

 

Omit the example.

 

Omit the see note.

 

Omit the section, substitute:

 

The ordinary period of posting means any of the following.

 

a.

A period of 3 years.

 

b.

A period specified for the posting location in Annex 16.B column 2.

 

Omit the subsection, substitute:

3.

The post index location listed in Annex 12.3.B column A for a member's posting location is determined according to the following.

 

a.

If the posting location is Manhattan — the post index location is Manhattan.

 

b.

If the posting location is a city listed in Annex 12.3.B column A — the post index location is the city.

 

c.

If the posting location is a city that is not listed in Annex 12.3.B column A or an establishment and the state where the city or establishment is located is listed — the post index location is the state.

 

d.

If the posting location is a city or establishment and the state where the city or establishment is located is not listed in Annex 12.3.B column A — the post index location is the country where it is located.

 

e.

If paragraphs a, b, c or d do not apply, the post index is determined by subsection 12.3.14A.2.

4.

For the purpose of subsection 3 the following apply.

 

City means the city and any part of the city (unless otherwise specified).

 

State means a state, county, region, province or territory.

 

Omit the see note.

 

Omit the Annex.

 

Omit the see note.

 

Omit the subsection, substitute:

2.

The member is eligible for travel costs under the relevant of the following from the date of their release until the member arrives in Australia.

 

a.

For a member on short-term duty — Chapter 13 Part 3 Division 1.

 

b.

For a member on long-term posting — Chapter 14 Part 4.

 

Omit the section.

 

Omit the title, substitute:

 

Omit the section, substitute:

 

This Part sets out the rules for the benefits and allowances that apply to members who travel overseas on short-term duty.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit the see note.

 

After the section, insert:

 

In this Part the following apply.

 

Travel time means the period that meets all of the following.

 

a.

It begins on the latest allowed check-in time for the scheduled departure.

 

b.

It ends on the actual arrival time at the destination airport.

 

c.

It does not include any of the following.

 

 

i.

Rest periods.

 

 

ii.

Leave.

 

 

iii.

A stopover where the member is not on duty.

 

Omit the section.

 

Omit the section.

 

Omit twice occurring the see notes.

 

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Omit the examples.

 

Omit the examples.

 

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Omit the paragraph, substitute:

 

b.

The meal and incidental costs up to the daily limit as provided under Annex 13.3.A.

 

Omit the see note.

 

Omit the see note.

 

Omit the examples.

 

Omit the example.

 

Omit the see note, substitute:

 

Note: Costs are provided under Chapter 9 Part 5, Payment of travel costs.

 

Omit the see note, substitute:

 

Note: Costs are provided under Chapter 9 Part 5, Payment of travel costs.

 

Omit the section.

 

Omit the see note.

 

Omit the examples.

 

Omit the section.

 

Omit the title, substitute:

 

Omit the section.

 

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Omit the section, substitute:

 

This Division applies to a member’s dependants who have been approved to live at the member’s posting location.

 

Omit wherever occurring the examples.

 

Omit twice occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit the example.

 

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Omit “at Commonwealth expense”, substitute “under Chapter 6 Part 5 Division 2”.

 

Omit the see note.

 

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Omit wherever occurring the examples.

 

Omit twice occurring the see notes.

 

After “Storage”, insert “and removal”.

 

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Omit the note.

 

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Omit the subsection, substitute:

2.

On the member’s and dependants’ arrival in Australia after the long-term posting, the removal provisions under Chapter 6 Part 5 apply.

 

Omit the subsection, substitute:

1.

The member and each dependant authorised to travel to the overseas posting location can transport the following baggage at no cost to the member.

 

a.

30 kg of baggage.

 

b.

Two suitcases if the carrier charges for each bag rather than by weight.

 

Omit wherever occurring the examples.

 

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Omit wherever occurring the see notes.

 

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Omit the note.

 

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Omit the see note.

 

After “posting provisions”, insert “under Chapter 15”.

 

Omit the see note.

 

Omit the subsection, substitute:

2.

The member must continue to pay rent and utilities contributions during the evacuation period.

 

Omit the see note.

 

Omit the section, substitute:

 

A member is eligible for assistance with medical, dental and hospital costs incurred at the overseas evacuation centre payable under Chapter 15 Part 5 as if the member and dependants were still at the posting location.

 

Omit the see note.

 

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Omit the section.

 

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Omit “is not covered by this Part”, substitute “is provided under Chapter 10 Part 4”.

 

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Omit the example.

 

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Omit the note.

 

Omit the note.

 

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Omit the see note.

 

Omit the see note.

 

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Omit the related information.

 

Omit the see note.

 

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Omit the note.

 

Omit the example.

 

Omit the note, substitute:

3A.

The member is eligible for accommodation costs in Hawaii if they arrive before the child due to the availability of flights.

 

Omit wherever occurring the examples.

 

Omit the note.

 

Omit the see note.

 

Omit the examples.

 

Omit the see note.

 

Omit the see note.

 

Omit the notes, substitute:

2A.

To avoid doubt, only one close relative is eligible for travel benefits under this section.

 

Omit the note, substitute:

2A.

To avoid doubt, only one close relative is eligible for travel benefits under this section.

 

Omit the note.

 

Omit “This does not”, substitute “Paragraph b does not”.

 

Omit the note.

 

Omit the see note.

 

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Omit wherever occurring the examples.

 

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Omit the note.

 

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Omit the see notes.

 

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Omit the section.

 

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Omit twice occurring the examples.

 

Omit wherever occurring the examples.

 

Omit twice occurring the examples.

 

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Omit the subsection, substitute:

2.

An ancillary service means an additional service not covered by Medicare but covered by Medibank Private Extras in Australia.

 

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2.

The reimbursement is made under Chapter 6 Part 2, but not more than AUD 1,400.

 

Omit the section.

 

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Omit the note.

 

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Omit the subsection, substitute:

1.

This section applies to a member whose posting to an overseas location extends beyond the ordinary posting period listed for the location in Annex 16.B.

 

Omit the see note, substitute:

 

 

Note: Restricted destinations are provided under section 1.3.68. Section 5.2.6 provides additional information regarding leave travel taken to specified destinations for a member on long-term posting overseas.

 

Omit the see note.

 

Omit the section.

 

Omit the paragraph, substitute:

 

a.

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

 

Omit the see note.

 

Omit the see note.

 

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Omit the title, substitute:

 

Omit the see note.

 

Omit the see note.

 

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Omit the see note.

 

Omit the section.

 

Omit the note.

 

Omit the see note.

 

Omit twice occurring the see notes.

 

Omit the example.

 

Omit twice occurring the examples.

 

Omit the see note.

 

Omit the see note.

 

Omit the section

 

Omit the examples.

 

Omit the Part.

 

Omit the Part.

 

Omit the section.

 

Omit the note.

 

Omit twice occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the see notes.

 

Omit the examples.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit twice occurring the see notes.

 

Omit the related information.

 

Omit twice occurring the see notes.

 

Omit “recreation leave credit”, substitute “recreation leave credit under Chapter 5 Part 4 Division 4”.

 

Omit the example.

 

Omit the see note.

 

 

 

Schedule 5Transitional provisions

Defence Determination 2016/19, Conditions of service

1.

This section applies to a member on a long-term posting overseas who was required to pay for COVID-19 testing for their school-age dependant between 01 January 2021 and the commencement of this Schedule.

2.

The member is eligible to be reimbursed the cost of one COVID-19 test each school term if the school made a COVID-19 test a mandatory requirement for the school-age dependant to attend the school.