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

The day the instrument is registered

2. Schedules 1 to 3

13 April 2023

3. Schedules 4 and 5.

Immediately after the commencement of Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 1)

4. Schedule 6

13 April 2023

1

Subsection 9.4.29.2

Repeal the subsection, substitute:

2.

A member is eligible for the following remote location leave travel benefits for themselves and their dependants if the CDF is satisfied that the member is reasonably likely to serve in the location for 12 months.

a.

If the member is serving in a location that attracts ADF District allowance at the Grade A rate — Scheme A benefits.

b.

If the member is serving in a location that attracts ADF District allowance at the Grade B, C, D or E rate — Scheme A and B benefits.

1

Subsection 5.12.3.1

Repeal the subsection, substitute:

1.

A member is eligible for Christmas stand-down for the period of 23 December 2023 to 2 January 2024 inclusive.

2

Subsection 15.1.10.1

Repeal the subsection; substitute:

1.

The decision maker may direct a maximum of 10 days in a calendar year that can be observed as public holidays in any posting location.

3

Subsection 15.1.10.2

Repeal the subsection, substitute:

2.

When making a direction under subsection 1, the decision maker must consider the following.

a.

The public holidays generally observed at the posting location.

b.

The efficient operation of the ADF at the posting location.

c.

Whether the days are included in the Christmas stand-down period set out in section 15.1.11.

4

Subsection 15.1.10.3

Omit “subsection 2”, substitute “subsection 1”.

5

Subsection 15.1.11.3

Repeal the subsection, substitute:

3.

The Christmas stand-down period for 2023-2024 is 23 December 2023 to 2 January 2024 inclusive.

1

Section 15.8.2.2 (table item 8)

Repeal the table item, substitute:

8.

Israel

Arab-Jewish Community Centre

2

Annex 16.B table item 18 column 4

Omit “B”, substitute “C”.

3

Annex 16.B table item 31 column 4

Omit “E”, substitute “D”.

4

Annex 16.B table item 32 column 4

Omit “E”, substitute “D”.

5

Annex 16.B table item 54 column 4

Omit “D”, substitute “E”.

6

Subsection 17.7.6.1 (after table item 3)

Insert:

3AA.

FORTITUDE

Egypt, Israel and Jordan

97.17

Lebanon

151.55

Syria

178.36

1

Section 6.1.6.2 (table)

Repeal the table, substitute:

Item

Column A

Circumstances of member

Column B

Number of current removal

Column C

Amount

$

Member who has accompanied resident family or member with recognised other persons and no resident family

1.

Removal to a new location

1st or 2nd removal

1,398

3rd or 4th removal

1,864

5th or 6th removal

2,330

7th or subsequent removal

2,796

2.

Removal within the same location

Each time

699

3.

Removal from overseas

1st or 2nd removal

280

3rd or 4th removal

559

5th or subsequent removal

839

Member who has unaccompanied resident family or the member who has no resident family or recognised other persons

4.

Removal to a new location from living out to living out

1st or 2nd removal

699

3rd or 4th removal

932

5th or 6th removal

1,165

7th or subsequent removal

1,398

5.

Removal to a new location from living out to living in, or from living in to living out

1st or 2nd removal

350

3rd or 4th removal

466

5th or 6th removal

583

7th or subsequent removal

699

6.

Removal to a new location from living in to living in

1st or 2nd removal

175

3rd or 4th removal

233

5th or 6th removal

291

7th or subsequent removal

350

7.

Removal within the same location and any of the following apply:

a. from living in to living in, between different establishments, units or bases

b. from living out to living in, or from living in to living out

Each time

175

8.

Removal within the same location from living out to living out

Each time

350

9.

Removal from overseas

1st or 2nd removal

140

3rd or 4th removal

280

5th or subsequent removal

419

10.

Removal from storage to living-in accommodation, after deployment of more than 6 months.

Each time

175

11.

Removal from storage to living-out accommodation, after deployment of more than 6 months.

Each time

350

2

Section 6.1.12

Repeal the section, substitute:

1.

A member is eligible for an additional payment of $266 for each child if all of the following apply.

a.

The member’s child is required to change schools because of a removal.

The child is a full-time student at a primary or secondary school.

Note: This does not include a child at a pre-school.

2.

If the child’s change of school is postponed to a later date, payment will only be made on the date they change school.

3.

If the member’s partner is also a member, only one member is eligible for the payment in respect of the child.

1

Section 9.6.25

Repeal the section, substitute:

1.

The amount of vehicle allowance is worked out using the following formula.

Where:

A

is one of the following.

a.

The number of whole kilometres for the shortest route it is reasonable to take.

b.

The number of whole kilometres for a longer route set by the CDF.

B

is, for a vehicle with an engine type in column A that has a capacity in column B, the rate in column C of the same item.

Item

Column A

Engine type

Column B

Engine capacity

Column C

Rate per km

(cents)

1.

Non-rotary

1600cc or less

78

2.

Non-rotary

1601cc – 2600cc

99

3.

Non-rotary

More than 2600cc

101

4.

Rotary

800cc or less

78

5.

Rotary

801cc – 1300cc

99

6.

Rotary

More than 1300cc

101

7.

Electric

–

78

2.

In setting a longer route for the purpose of subsection 1, the CDF must be satisfied that the shortest route was not reasonable for the travel.

2

Subsection 9.6.26.1

Repeal the subsection, substitute:

1.

The rate of allowance under section 9.6.25 is increased by 1.06 cents per kilometre if the member meets any of the following.

a.

They carry a passenger in the vehicle who would otherwise be eligible for travel expenses for the journey under this Determination.

b.

They carry Commonwealth‑owned or hired equipment, tools or materials that weigh at least 100 kg.

c.

They tow a Commonwealth‑owned or hired caravan or trailer.

In this Schedule the following apply.

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

Clause 3 of this Schedule applies to a member who meets all of the following between 31 January 2023 and the commencement of this Determination.

a.

They were posted to Israel.

b.

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

i.

Section 15.8.4, Benefits in the member’s location.

ii.

Section 15.8.5, Additional club membership costs.

1.

A member is eligible for the cost of club membership they would have been eligible to under section 15.8.4 and 15.8.5 of the Defence Determination as though Schedule 3 item 1 of this Determination had been in force between 31 January 2023 and the commencement of this Determination.

2.

The benefit under subsection 1 is reduced by the amount the member received for the cost of a club membership under section 15.8.4 or 15.8.5 of the Defence Determination between 31 January 2023 and the commencement of this Determination which has not been repaid.

Clause 5 of this Schedule applies to a member who was eligible for a benefit which relied on item 18 or item 54 of Annex 16.B to the Defence Determination between 5 January 2023 and the commencement of this Determination.

1.

The annual rate of location allowance payable to the member under section 16.2A.5 of the Defence Determination is increased from 5 January 2023 in accordance with the following.

a.

If item 18 of Annex 16.B to the Defence Determination applies to the member — to the rate payable to the member for hardship location grade C.

b.

If item 54 of Annex 16.B to the Defence Determination applies to the member — to the rate payable to the member for hardship location grade E.

Note:  Under section 16.2A.5, location allowance is pro-rated and paid fortnightly.

2.

The number of days of additional recreation leave the member is eligible for under section 16.3A of the Defence Determination. is increased from 5 January 2023 in accordance with the following.

a.

If item 18 of Annex 16.B to the Defence Determination applies to the member — to the number of additional recreation leave days provided to a member in a hardship location grade C location.

b.

If item 54 of Annex 16.B to the Defence Determination applies to the member — to the number of additional recreation leave days provided to a member in a hardship location grade E location.

Note:  Under subsection 16.3A.3.3, additional recreation leave is pro-rated and accrues fortnightly.

Clause 7 of this Schedule applies to a member who meets all of the following between 10 November 2022 and the commencement of this Determination.

a.

They were deployed on Operation FORTITUDE.

b.

They performed duty in the specified area.

1.

The member is eligible for the daily rate of deployment allowance payable for the specified area set out in Schedule 3 item 6 of this Determination for each day the member performed duty on Operation FORTITUDE.

2.

The benefit under subclause 7(1) is reduced by any amount of deployment allowance the member received between 10 November 2022 and the commencement of this Determination.