Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2024 (No. 2)

I, COL Kirk Lloyd, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 12 March 2024

COL Kirk Lloyd

Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Continuation bonus amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Higher duties allowance amendments

Defence Determination 2016/19, Conditions of service

Schedule 3—Education assistance amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Overseas amendments

Defence Determination 2016/19, Conditions of service

Schedule 5—Instrument of Authorisation amendments

Defence Determination 2016/19, Conditions of service

Schedule 6—Living-in amendments

Defence Determination 2016/19, Conditions of service

Schedule 7—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 8—Transitional provisions

 

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2024 (No. 2).

2  Commencement

1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Instrument

14 March 2024

 

Note:  This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 

2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

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

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


Schedule 1—Continuation bonus amendments

Defence Determination 2016/19, Conditions of service

 

Insert:

 

Date of eligibility means the date the member completes all of the following after their initial entry.

 

a.

4 years of continuous full time service.

 

b.

Any service obligation imposed on them on initial entry into the ADF.

 

Initial entry means the first time a member becomes a member of the Permanent Forces for a period of at least 90 days.

Note:  To avoid doubt, this includes a member who enters as a GAP year participant.

 

After paragraph b., insert:

 

c.

For a member who is an Air Force Officer Aviation member and joined the ADF as an Air Force Direct Entry Officer Aviation Candidate — the return of service obligation outlined in the member’s letter of offer that commences during the member’s officer aviation specialist employment training.

 

Repeal the section, substitute:

3.4.9    Member this Part does not apply to

 

This Part does not apply to a member who meets any of the following.

 

a.

On the member’s date of eligibility, they have a Military Employment Classification of J5.

 

b.

On the day the member commences their service obligation, they have less than 3 years to serve until the end of their fixed period of service.

Note:  A member’s existing return of service obligation may affect the date their service obligation commences.

 

c.

On the day the member commences their service obligation, they have less than 3 years to serve before any of the following days.

 

 

i.

The day they reach retirement age.

 

 

ii.

The last day that they have been given a direction allowing them to serve beyond their retirement age.

Note:  A direction allowing a member to serve beyond their retirement age is made under section 23 of the Defence Regulation.

 

d.

On the day the offer for the continuation bonus is made, they are a lateral recruit.

 

e.

They have received a bonus under this Part before.

 

f.

They are re-joining the ADF and they meet all of the following.

 

 

i.

Their last period of service in the Permanent Forces ended because of the member separating from the ADF.

 

 

ii.

The member completed their initial entry during a previous period of service in the ADF.

 

Add:

3.4.13A    Payment of the continuation bonus in specific circumstances

1.

The continuation bonus is payable to a member if the decision maker is satisfied it is reasonable in the circumstances after considering all of the following.

 

a.

The reason the member was offered the continuation bonus.

 

b.

The reason the member is ineligible for the payment of the continuation bonus.

 

c.

If the payment of the continuation bonus meets all of the following.

 

 

i.

It is in the interests of the ADF.

 

 

ii.

It meets the intent of the policy.

2.

In this section, decision maker means Head Military Personnel.

Schedule 2—Higher duties allowance amendments

Defence Determination 2016/19, Conditions of service

 

After “In this Part”, insert “,”.

 

Omit “of”, substitute “in”.

 

Omit “to”, substitute “of”.

 

Omit “both”, substitute “all”.

 

Repeal the paragraph, substitute:

 

ba.

An Air Force member in the Specialist Pathway or Stream of the Officer Aviation Pay Structure.

Note: All of the following may be eligible for higher duties allowance under this Part.

 a. Officer aviation member in another pathway/non-specialist pathway.

 b. Officer aviation member in the Army or Navy.

 

After “days”, insert “.”.

 

Repeal the section, substitute:

1.

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

 

Note: Section 4.1.4 provides that all of the following are not eligible for higher duties allowance.

 a. Aviation specialists.

 b. Air Force officer aviation members in the specialist pathway or Stream.

2.

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

 

a.

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

 

 

i.

The current salary payable to the member.

 

 

ii.

The lowest rate of salary payable under DFRT Determination 2 of 2017 for the member’s competency stream within one of the pathways that would apply if the member were to be promoted to one rank above their current rank.

 

b.

If the member’s salary, inclusive of any non-reduction arrangement, is more than the lowest rate of salary payable under DFRT Determination 2 of 2017 to a member holding one rank higher than a member in the same pathway or competency stream — 5% of the current salary payable to the member.

 

Omit “with an SES classification”.

Schedule 3Education assistance amendments

Defence Determination 2016/19, Conditions of service

 

Repeal the paragraph, substitute:

 

c.

Since turning 21 years old they meet any of the following.

 

 

i.

They continue to live with the member.

 

 

ii.

They continue to live with an adult who is recognised as resident family of the member.

 

 

iii.

Immediately before turning 21 years old, they were recognised as accompanied resident family of the member under section 1.3.19.

 

 

iv.

Immediately before turning 21 years old, they were recognised as unaccompanied resident family of the member under section 1.3.29.

 

Repeal the paragraph, substitute:

 

a.

Any of the following apply.

 

 

i.

The member has accompanied resident family.

 

 

ii.

The member does not have a partner who is recognised as resident family and has no accompanied resident family.

 

Repeal the paragraph, substitute;

 

b.

The member’s child meets all of the following.

 

 

i.

They are the member’s resident family.

 

 

ii.

They are changing school to the new housing benefit location or family benefit location.

 

 

iii.

They are enrolled full-time in a registered primary or secondary school.

 

Repeal the paragraph, substitute:

 

b.

The member’s child meets all of the following.

 

 

i.

They are the member’s resident family.

 

 

ii.

They held a scholarship for education at a school in the losing location.

 

 

iii.

They could not use the scholarship because they changed schools to the gaining location.

 

Repeal the subparagraph, substitute:

 

 

i.

They are the member’s resident family.

 

Repeal the subparagraph.

 

Repeal the subparagraph, substitute:

 

 

i.

They are the member’s resident family.

 

After “child’s”, insert “or adult child’s”.

 

After “child’s”, insert “or adult child’s”.

 

Omit “child’s age”, substitute “age of the child or adult child”.

 

Omit “child’s age”, substitute “age of the child or adult child”.

 

After “child’s”, insert “or adult child’s”.

 

After “child”, insert “or adult child” in the following provisions.

 

a.

Section 8.4.23.

 

b.

Paragraph 8.4.24.1.a.

 

c.

Subsection 8.4.24.2.

 

d.

Paragraph 8.4.24.3.f.

 

e.

Subsection 8.4.25.2 (wherever occurring).

 

f.

Paragraph 8.4.25.4.e.

 

g.

Paragraph 9.3.45.a.

 

Omit “the Commonwealth”, substitute “Defence” in the following provisions.

 

a.

Paragraph 8.4.6.h.

 

b.

Paragraph 8.4.14.7.h.

 

c.

Paragraph 8.4.20.2.h.

 

d.

Paragraph 8.4.24.3.g.

 

e.

Paragraph 8.4.25.4.f.

 

Schedule 4—Overseas amendments

Defence Determination 2016/19, Conditions of service

 

Repeal the item, substitute:

 

41.

United Arab Emirates

Cranleigh Abu Dhabi

Cranleigh Abu Dhabi

Cranleigh Abu Dhabi

 

Schedule 5—Instrument of Authorisation amendments

Defence Determination 2016/19, Conditions of service

 

After “a person who”, insert “the CDF is satisfied”.

 

Repeal the subsection, substitute:

2.

If an eligible person cannot occupy the home for a reason beyond their control, the time period for occupation specified in Column B of the table in subsection 1 may be extended for up to 12 months if the CDF is satisfied it is reasonable.

 

Omit “the CDF decides”, substitute “the CDF has decided”.

 

Repeal the paragraph, substitute:

 

b.

The CDF is satisfied that the travel will be approved in the same way it would otherwise be approved if a member was to travel in the same circumstances.

 

Omit “decision maker’s”, substitute “CDF’s”.

 

Omit “”The CDF may approve reimbursement of the cost of fares for a child if the following conditions are met”, substitute “A person is eligible for reimbursement of the cost of fares for a child if the following conditions are met”.

 

Omit “The CDF is satisfied that it is impracticable to make other appropriate arrangements for the care of the child. The CDF must consider all these criteria.”, substitute “The CDF is satisfied that it is impracticable to make other appropriate arrangements for the care of the child, after considering all of the following.”.

 

Repeal the paragraph, substitute:

 

b.

The CDF is satisfied that the cost to Defence to provide the benefit is reasonable in the circumstances.

 

Omit “that it would be reasonable”.

 

Omit “decision maker” (wherever occurring) and substitute “CDF” in the following provisions.

 

a.

Subparagraph 1.3.35.1.a.iii.

 

b.

Subsection 8.4.21.2.

 

c.

Subsection 8.7A.5.2.

 

d.

Section 8.7A.6.

 

e.

Subsection 8.7A.7.1.

 

f.

Section 8.7A.8.

 

g.

Section 8.7A.9.

 

h.

Subsection 9.1.6.3.

 

i.

Subsection 9.2.17.3.

 

j.

Section 15.1.10.

 

k.

Paragraph 15.3.14A.1.c.

 

l.

Section 15.3.39.

 

m.

Subsection 15.4.7.3.

 

n.

Subparagraph 15.5.7.3.b.ii.

 

Repeal the following provisions.

 

a.

Subsection 1.3.35.2.

 

b.

Subsection 7.3.15.2

 

c.

Subsection 8.4.21.4.

 

d.

Section 8.7A.2 (definition of Decision maker).

 

e.

Subsection 9.1.6.4.

 

f.

Subsection 9.2.17.4.

 

g.

Subsection 15.1.10.7.

 

h.

Subsection 15.3.14A.4.

 

i.

Paragraph 15.3.39.6.b.

 

j.

Subsection 15.4.7.2.

 

k.

Subsection 15.5.7.4.

Schedule 6—Living-in amendments

Defence Determination 2016/19, Conditions of service

 

 

Omit “living in” (wherever occurring), substitute “living-in accommodation”.

 

Repeal the table item, substitute:

 

2.

The member is eligible for rent allowance but is required to occupy living-in accommodation.

Storage of their furniture and effects that cannot be housed in their living-in accommodation for the period they occupy the living-in accommodation.

 

 

Repeal the paragraph, substitute:

 

b.

Accommodation and meal costs up to what would be paid if the member and their accompanied resident family were eligible for travelling allowance, subject to the following.

 

 

i.

Costs are payable only for accommodation that is commercially provided.

 

 

ii.

If the member and any accompanied resident family occupy other accommodation — the rate of travelling allowance for meals is reduced by half.

 

 

iii.

If the member travels alone — the member must occupy living-in accommodation, if practicable, and take meals from a mess at the new location.

 

Repeal the section, substitute:

 

This Part provides the following.

 

a.

When a member may be required, or choose, to occupy living-in accommodation.

 

b.

The level of living-in accommodation that applies to the member, the contribution the member must make, and the responsibilities and rights that apply to the member.

 

Omit “who live in”, substitute “who occupy living-in accommodation”.

 

Repeal the Division.

 

Repeal the section.

 

Repeal the section, substitute:

1.

Subject to suitable living-in accommodation being available, a member may be required by the CDF to occupy living-in accommodation for any of the following reasons.

 

a.

The member is undertaking a training course.

 

b.

An operational reason, including any of the following.

 

 

i.

The member is performing as duty personnel, such as a watch keeper or sentry.

 

 

ii.

The member is posted to a seagoing billet.

 

 

iii.

The member is part of a deployment or exercise.

 

 

iv.

The member is in an Army unit with a response notice of 28 days or less.

 

 

v.

The member is required to occupy living-in accommodation for 12 months after initial Army training.

 

 

Note: An operational reason is an operational requirement that is lawful to impose in the circumstances.

 

c.

The member fills a specific position on a base.

 

d.

The member is under the age of 18 years and the ADF is responsible for their care while they are away from their parents or guardian.

 

e.

The member is the rank of Major or equivalent rank or below and is either in transit or on a short visit to the location.

2.

A member is given a licence to live in for the period that they are required to occupy living-in accommodation under subsection 1.

3.

A member who is eligible for housing assistance under Part 6 or Part 8 of this Chapter may keep that assistance when they are required to occupy living-in accommodation temporarily.

 

Omit “living in,”, substitute “occupying living-in accommodation”.

 

Omit “when living in,”, substitute “living-in accommodation”.

 

Repeal the paragraph, substitute:

 

a.

The member occupies living-in accommodation.

 

Omit “live-in”, substitute “live in”.

 

Omit “live-in”, substitute “live in”.

 

Repeal the subsection, substitute:

2.

The fortnightly contribution rate for a member occupying a type of living-in accommodation in column A of the following table is the rate set out in column B of the same item.

 

Item

Column A

Type of living-in accommodation

Column B

Fortnightly contribution rate ($)

1.

A single room with private facilities

339.91

2.

A single room with shared facilities

292.22

3.

A room with 2 or 3 beds

243.01

4.

A room with 4 or more beds

123.39

 

 

Omit “lives in”, substitute “occupies”.

 

Omit “lives in”, substitute “occupies”.

 

Omit “living-in”, substitute “occupy living-in accommodation”.

 

Omit “required to live in”, substitute “required to occupy living-in accommodation”.

 

Omit “required to live in”, substitute “required to occupy living-in accommodation”.

 

Omit “live in accommodation”, substitute “occupy living-in accommodation”.

 

Repeal the heading, substitute:

 

Omit “They their”, substitute “Their”.

 

Repeal the subsection, substitute:

3.

The member must occupy the following type of temporary accommodation.

 

a.

For a member at the rank of Major or below — living-in accommodation that is available regardless of its level.

Note:  If living-in accommodation is not available the member may use other forms of temporary accommodation.

 

b.

For a member at the rank of Lieutenant Colonel or higher — any other type of temporary accommodation that is not living-in accommodation.

Note:  The member is paid temporary accommodation allowance instead of occupying livingin accommodation.

 

Omit “required to live in”, substitute “required to occupy living-in accommodation”.

 

Omit “required to live in”, substitute “required to occupy living-in accommodation”.

 

Repeal the section, substitute:

1.

Subject to section 7.10.9A, a member who occupies living-in accommodation must pay a contribution of $47.65 a fortnight toward the cost of utilities.

2.

Despite subsection 1, a member is not required to pay a contribution for utilities under this section for any full day or part day they meet one of the following.

 

a.

They are living under field conditions.

 

b.

They are on a seagoing ship or seagoing submarine.

3.

A member is not required to pay a contribution for utilities under this section for a day they meet any of the following.

 

a.

They occupy living-in accommodation and are not required to pay a contribution for the accommodation.

 

b.

The member is a normal entry recruit during basic recruit training.

 

c.

The member has no resident family or recognised other persons and lives in a room with 4 or more beds.

 

d.

The member is temporarily living in accommodation below the standard that would be classified as level 1 accommodation.

 

Omit “living-in”, substitute “occupying living-in accommodation”.

 

Repeal the section, substitute:

1.

This section applies to a member who has no resident family who meets all of these conditions.

 

a.

They live out at their housing benefit location.

 

b.

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

 

c.

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

2.

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

 

Omit “living in accommodation”, substitute “living-in accommodation”.

 

Repeal the paragraph, substitute:

 

a.

They live continuously in a location for 21 days during a travel period.

Note:  To avoid doubt, this applies to a member whether they are occupying living-in accommodation or living out.

 

Omit “living in” (wherever occurring), substitute “occupying living-in accommodation”.

 

a.

Subsection 7.4.15.1, table header row.

 

b.

Section 7.4.19.1.

 

c.

Paragraph 7.4.23.1.a.

 

d.

Paragraph 7.4.36.2.a.

 

e.

Section 7.5.29, table item 4 column C.

 

f.

Subsection 9.5.23.2, table item 1.

 

g.

Section 9.5.25.

 

h.

Section 9.5.38.

 

i.

Section 9.5.39, heading.

 

j.

Section 9.5.40, heading.

 

k.

Annex 9.5.B, Part 1, table item 3.

 

l.

Section 13.3.16, heading.

 

m.

Section 15.4.20, heading.

 

Omit “lives in”, substitute “occupies living-in accommodation”.

 

a.

Subsection 4.4.9.1, table item 1 column A.

 

b.

Section 4.5.6, heading.

 

c.

Subsection 4.5.6.1.

 

d.

Paragraph 7.4.32.1.a.

 

e.

Subsection 7.4.36.1.

 

f.

Paragraph 7.10.9A.1.c.

 

g.

Subsection 9.5.20.1.

 

h.

Subsection 9.5.39.1.

 

i.

Subsection 13.3.16.1.

 

Omit “live in” (wherever occurring), substitute “occupy living-in accommodation”.

 

a.

Paragraph 1.5.3.4.a.

 

b.

Subsection 4.4.9.2.

 

c.

Subsection 7.4.7.1.

 

d.

Paragraph 7.4.14.2.c.

 

e.

Section 7.4.32, heading.

 

f.

Section 7.4.32.

 

g.

Section 7.4.34, heading.

 

h.

Paragraph 7.4.34.b.

 

i.

Section 7.4.35.

 

j.

Subsection 7.4.36.3.

 

k.

Paragraph 7.4.36.4.c.

 

l.

Subsection 7.4.44.2.

 

m.

Subsection 7.4.46.2, table.

 

n.

Paragraph 7.4.47.2.a.

 

o.

Section 7.4.A.9.

 

p.

Paragraph 7.5.13.1.a.

 

q.

Paragraph 9.5.22.2.c, note.

 

r.

Paragraph 9.5.40.1.b.

 

s.

Subsection 9.5.41.2, table item 3.

 

t.

Paragraph 15.2A.28.a.

 

Omit “living in” wherever occurring, substitute “living-in”.

 

a.

Section 4.5.2A.

 

b.

Paragraph 7.4.1.3.c.

 

c.

Paragraph 7.4.15.1.c.

 

d.

Subsection 7.4.15.3.

 

e.

Subsection 7.4.27B.3.

 

f.

Subsection 7.4.A.1.1.

 

g.

Section 7.4.A.10.

 

h.

Subsection 7.8.18B.3.

 

i.

Subsection 7.8.30.3, table item 3 column B.

 

j.

Paragraph 7.11.4.4.a.

 

k.

Subparagraph 9.5.22.1.a.ii.

 

Schedule 7—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

 

Repeal the definition, substitute:

 

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

 

a.

Involuntary separation.

 

b.

Transfer of service from the Permanent Forces.

 

c.

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

 

d.

Completing a specified period of service.

 

e.

Retirement under subsection 23(1) of the Defence Regulation.

 

f.

Redundancy under paragraph 24(1)(b) of the Defence Regulation.

 

Insert:

 

Force assigned has the same meaning given by section 12.3.1.

 

Involuntary separation means the involuntary end of a period of service, except redundancy, which has the effect of ending all forms of a member’s service in the ADF.

 

After “affected”, insert “by”.

 

Repeal the paragraphs, substitute:

 

c.

A member, including a member of the Reserves, who is in one of the following situations.

 

 

i.

They have been notified of a proposed involuntary separation under section 100 of the Act or redundancy under paragraph 24(1)(b) of the Defence Regulation.

 

 

ii.

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

Note: Retirement ages are provided under subsection 23(4) of the Defence Regulation.

 

 

iii.

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

Note 1: A member may change their period of service under section 18 of the Defence Regulation.

Note 2: Change a period of service is defined in subsection 18(3) of the Defence Regulation.

 

 

iv.

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

 

d.

A former member who meets all of the following.

 

 

i.

They were in one of the situations under paragraph c. before they ceased to be a member.

 

 

ii.

It has been 2 years or less since their last day of service in the ADF.

 

Repeal the paragraphs, substitute:

 

a.

The member has been notified of a proposed involuntary separation under paragraph 24(1)(a) of the Defence Regulation because of being medically unfit for service in the Defence Force.

 

b.

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

 

Repeal the section, substitute:

 

The purpose of this Division is to provide financial benefits for a member who is notified of a proposed involuntary separation from the Permanent Forces because of redundancy.

 

Repeal the paragraph, substitute:

 

a.

The member’s service in the ADF is ending under paragraph 24(1)(b) of the Defence Regulation because of redundancy.

 

Omit “their service being terminated because of”.

 

Omit “be terminated,”, substitute “end,”.

 

Omit “which both”, substitute “whom all of”.

 

Omit “member’s service is terminated early”, substitute “member is subject to an involuntary separation”.

 

Repeal the section, substitute:

 

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 they begin continuous full-time service and ends at midnight on whichever of the following days is relevant to their situation.

 

a.

For an officer – on the day on which the member resigns or their service ends because of involuntary separation.

 

b.

For Warrant Officer Class 1 and an other rank member – on the day on which the member is discharged or their service ends because of involuntary separation.

 

c.

For a member who is seconded for service with another Government department or civil employment – on the day before the member starts the secondment.

 

d.

For a member who transfers to the Reserves – on the day immediately before the transfer.

 

Omit “7 March 2024”, substitute “7 March 2025”.

 

Omit “terminated or”.

 

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

 

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

 

Omit “termination”, substitute “involuntary separation”.

 

Repeal the paragraphs, substitute:

 

d.

If the member is in the Reserves, they do all of the following.

 

 

i.

Complete the agreed period of service in a specified position as a condition of their bonus.

 

 

ii.

Voluntarily transfer to the Permanent Forces.

 

e.

They are subject to involuntary separation under any of the following.

 

 

i.

Section 101 of the Act relating to a prohibited substance test returning a positive result.

 

 

ii.

Paragraph 24(1)(c) of the Defence Regulation for a reason not in the interest of the Defence Force relating to performance or behaviour.

 

Repeal the paragraphs, substitute:

 

d.

If the member is in the Reserves, they do all of the following.

 

 

i.

Complete the agreed period of service in a specified position as a condition of their bonus.

 

 

ii.

Voluntarily transfer to the Permanent Forces.

 

e.

They are subject to involuntary separation under any of the following.

 

 

i.

Section 101 of the Act relating to a prohibited substance test returning a positive result.

 

 

ii.

Paragraph 24(1)(c) of the Defence Regulation for a reason not in the interest of the Defence Force relating to performance or behaviour.

 

Omit “termination of service”, substitute “involuntary separation”.

 

Repeal the subsection, substitute:

4.

If a member chose to receive the bonus amount in 2 payments and they are subject to involuntary separation under one of the following, the second payment is payable from the day the member ceases to be a member.

 

a.

Paragraph 24(1)(a) of the Defence Regulation because of medical unfitness.

 

b.

Paragraph 24(1)(b) of the Defence Regulation because of redundancy.

 

Repeal the section, substitute:

 

A member who ceases to be a member of the Permanent Forces for a reason other than one of the following, ceases to be eligible for the continuation bonus.

 

a.

Involuntary separation under paragraph 24(1)(a) of the Defence Regulation because of medical unfitness.

 

b.

Redundancy under paragraph 24(1)(b) of the Defence Regulation.

 

Note 1: If a member ceases to be eligible for the continuation bonus, any unpaid amounts of the bonus are not payable to the member.

Note 2: The member is not required to repay any amount of the bonus received unless section 3.4.14 applies.

 

Repeal the paragraph, substitute:

 

b.

Their service ends due to involuntary separation under any of the following.

 

 

i.

Section 101 of the Act relating to a prohibited substance test returning a positive result.

 

 

ii.

Paragraph 24(1)(c) of the Defence Regulation for a reason not in the interest of the Defence Force relating to performance or behaviour.

 

Omit “the Defence Enterprise Agreement 20172020 as in force on 16 August 2017”, substitute “Defence Enterprise Collective Agreement 2024 as in force on 14 March 2024”.

 

Omit “Duty”, substitute “Force”.

 

Omit “service being terminated under paragraph 24(1)(a) of the Defence Regulation due to”, substitute “involuntary separation under paragraph 24(1)(a) of the Defence Regulation because of”.

 

Omit “service being terminated under paragraph 24(1)(a) of the Defence Regulation due to”, substitute “involuntary separation under paragraph 24(1)(a) of the Defence Regulation because of being”.

 

Omit “service residence”, substitute “Service residence”.

 

Omit “paragraph b.” substitute “paragraph c.”.

 

Omit “Service terminated”, substitute “Involuntary separation”.

 

Repeal the section, substitute:

 

In this Part, the following apply.

 

High cost country centre means a location mentioned in Annex 9.5.A Part 2.

 

Meal period means a one-hour period that meets both of the following.

 

a.

It starts during a travel period.

 

b.

It starts at one of the following times.

 

 

i.

Breakfast – 0700.

 

 

ii.

Lunch – 1300.

 

 

iii.

Dinner – 1900.

 

Medium cost country centre means a location specified in Annex 9.5.A Part 3.

 

Other country centre means a location in Australia that is not one of the following locations.

 

a.

A capital city.

 

b.

A high cost country centre.

 

c.

A medium cost country centre.

 

Private vehicle means one of the following.

 

a.

For travel on removal by a member, their resident family or recognised other person — a motor vehicle owned by the member, their resident family or recognised other person that is to be removed.

 

b.

For other travel by a member — a motor vehicle they own, hire or borrow.

 

Rank means the rank substantively held by a member, not including any of the following.

 

a.

Temporary rank.

 

b.

Acting rank.

 

c.

The rank of a position in which a member is performing higher duties.

 

Repeal the section, substitute:

 

In this Part, the following apply.

 

Additional costs means any of the following costs, excluding parking or traffic fines.

 

a.

Registration or insurance fees levied as a result of eligibility for vehicle allowance.

 

b.

Bridge, road and ferry tolls.

 

c.

Parking fees in a restricted parking area, if they are reasonable because of the distance from the place of duty to the nearest unrestricted parking area.

 

Authorised means authorised for an allowance under this Part by the CDF.

 

Greater efficiency means the use of a private vehicle results in greater efficiency if any of the following are met.

 

a.

Using the vehicle allows the member to perform duties more efficiently than the use of the normal means of travel.

 

b.

Using the vehicle enables the most effective use of Defence personnel and vehicle resources.

 

c.

The CDF is satisfied that the member’s personal interests would be harmed if they used the normal means of travel.

 

Private vehicle means one of the following.

 

a.

For travel on removal by a member, their resident family or recognised other person — a motor vehicle owned by the member, their resident family or recognised other person that is to be removed.

 

b.

For other travel by a member — a motor vehicle they own, hire or borrow.

 

Saving to Defence means that Defence would pay less for a member to use a private vehicle than the normal means of travel.

 

Omit “termination of service”, substitute “involuntary separation”.

 

Repeal the section, substitute:

 

In this Part, the following apply.

 

Authorised means authorised for an allowance under this Part by the CDF.

 

Private aircraft means an aircraft that is registered in Australia and that the member is licensed to fly.

 

Insert:

 

Force assigned means a member is recorded in PMKeyS as being force assigned.

 

Omit “and advice”.

 

Omit “subdivision”, substitute “Division”.

 

Repeal the definition.

 

Omit “section 16.4.12”, substitute “section 16.4.16”.


Schedule 8—Transitional provisions

 

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

1.

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

 

a.

They were posted to the United Arab Emirates between 18 September 2023 and the commencement of this Determination.

 

b.

They had a child attending school at the posting location.

 

c.

They paid compulsory tuition fees for the child to attend the school under paragraph b.

2.

The member is eligible for the reimbursement of education costs provided by Division 2 of Part 6 of Chapter 15 of the Defence Determination as though the changes made by Schedule 4 of this Determination had been in force between 18 September 2023 and the commencement of this Determination.

1.

This section applies to a member who was eligible for salary non-reduction under Annex 3.2.B Part 1 table item 1 of the Defence Determination on 7 March 2024.

2.

The member is eligible for salary non-reduction between 8 March 2024 and the commencement of this Determination as though the change made by item 13 of Schedule 7 of this Determination applied at the time.