Defence Determination, Conditions of service Amendment Determination 2021 (No. 17)
I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 26 August 2021
Fiona Louise McSpeerin
Assistant Secretary People Policy and Employment Conditions Defence People Group
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Gratuities amendments
Defence Determination 2016/19, Conditions of service
Schedule 2—Miscellaneous amendments – Chapter 4
Defence Determination 2016/19, Conditions of service
Schedule 3—Definitions – Chapters 8, 10 and 11
Defence Determination 2016/19, Conditions of service
Schedule 4—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
1 Name
This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 17).
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
Sections 1 to 4 The day after the instrument is registered
Schedules 1 to 4 A day to be fixed by Assistant Secretary People Policy and Employment Conditions by notifiable instrument. If the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.
Section 1 - Defence Determination, Conditions of service Amendment Determination 2021 (No. 17) - Defence Determination, Conditions of service Amendment Determination 2021 (No. 17) | Zoe
Note: This table relates only to the provisions of this instrument as originally made.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 no 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Gratuities amendments
Defence Determination 2016/19, Conditions of service
1
Chapter 2 Part 3 Division 2 (Gratuities on retirement and invalidity)
Omit the Division.
Schedule 2—Miscellaneous amendments – Chapter 4
Defence Determination 2016/19, Conditions of service
1
Application
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.
2
Section 4.4.1 (Overview)
Omit the section.
3
Subsection 4.4.7.2 (Period of benefit), see note
Omit the see note.
4
Section 4.4.8 (Grading of locations), see notes
Omit wherever occurring the see notes.
5
Subsection 4.4.8.2 (Grading of locations), example
Omit the example.
6
Section 4.4.12 (On leave and returning to duty), examples
Omit wherever occurring the examples.
7
Subsection 4.4.14.2 (Posting from one remote location to another remote location), example
Omit the example.
8
Chapter 4 Part 4 Division 5 (Allowances for services in Antarctica – overview), title
Omit “overview”, substitute “general provisions”.
9
Subsection 4.4.26 (Definitions – general)
Omit the section, substitute:
4.4.26 Definitions
The following definitions apply to Divisions 5 to 8.
Antarctica means the area south of the Antarctic Convergence, including Macquarie Island.
Antarctic Convergence has the same meaning as in clause 4 of the Convention on the Conservation of Antarctic Marine Living Resources, as set out in the Schedule to the Antarctic Marine Living Resources Conservation Act 1981.
Day of disembarkation means one of the following.
a. If the ship docks in port at or before 1200 — the day before the ship docks.
b. If the ship docks in port after 1200 — the day the ship docks.
Day of embarkation means one of the following.
a. If the ship sails from port at or before 1200 — the day the ship sails.
b. If the ship sails from port after 1200 — the day after the ship sails.
Expedition means an Australian National Antarctic Research Expedition to Antarctica.
Port means the port specified in the expedition itinerary as the port of embarkation or disembarkation of the expedition.
10 Section 4.4.27 (Definition – day of embarkation)
Omit the section.
11 Section 4.4.28 (Definition – day of disembarkation)
Omit the section.
12 Annex 4.4.A (remote locations for ADF district allowance), see note
Omit the see note.
13 Section 4.5.1 (Overview)
Omit the section.
14 Section 4.5.2 (Purpose), see note
Omit the see note.
15 Paragraph 4.5.3.b (Member this Part applies to), see note
Omit the see note.
16 Subsection 4.6.5.1 (Mobile telephones and hand held devices), example
Omit the example.
17 Subsection 4.6.7.2 (Parking space or permit)
After “permit”, insert “under Part 11”.
18 Subsection 4.6.7.2 (Parking space or permit), see note
Omit the see note.
19 Paragraph 4.7.3.b (Nominated family of member posthumously awarded), note
Omit the note.
20 Section 4.7.5 (Business class travel), see notes
Omit wherever occurring the see notes.
Schedule 3—Definitions – Chapters 8, 10 and 11
Defence Determination 2016/19, Conditions of service
1
Chapter 8 (Members and their dependants), title
After the title, insert:
Part 1: General provisions
8.1.1 Definitions
In this Chapter the following apply.
Compulsory tuition fees means compulsory amounts levied by a child’s school for educating the child, including compulsory sports levies.
Note: Boarding fees are not included.
Early Intervention Program means a program run by a government organisation, accredited non-government organisation or accredited private provider that provides assistance to promote the development of preschool aged children with special needs.
Emergency situation has the same meaning given by section 8.1.2.
8.1.2 Emergency situation
1 Emergency situation means an event that is any of the following.
a. It is unforeseen
b. It is sudden
c. It exceeds the coping mechanisms of the member’s dependant.
An emergency situation is not an event that occurs due to a member’s ordinary work situation.
2 Section 8.4.5 (Definition)
Omit the section.
3 Section 8.5.2 (Definition)
Omit the section.
4 8.9.3 (Definitions)
Omit the section, substitute:
8.9.3 Definitions
In this Part the following apply.
Claimant means any of the following.
a. The member.
b. The member’s eligible dependant.
c. A legal personal representative of either or both a member or an eligible dependant.
Eligible dependant means a member’s dependant who meets all of the following.
a. They are listed on PMKeyS.
b. They are registered for the program.
General practitioner has the same meaning given in section 3 of the Health Insurance Act 1973.
Medicare benefit means an item for which a rebate is payable under the Health Insurance Act 1973.
Out of pocket expenses means the difference between the amount that is charged for an item provided to an eligible dependant and the amount of Medicare rebate that may be paid for that item.
Specialist means a person who meets the definition of specialist under section 3 of the Health Insurance Act 1973.
Specialist services means services which is provided by a specialist in consulting rooms, or in a hospital or institutional setting.
The program means the National ADF Family Health Program.
5 Section 8.9.4 (General practice setting benefits)
Omit “Benefits Schedule”, substitute “benefit”.
6 Paragraph 8.9.5.2.a (Specialists and allied health benefits), note
Omit “Benefits Schedule”, substitute “benefit”.
7 Chapter 10 (Clothing and personal effects), title
After the title, insert:
Part 1: General provisions
10.1.1 Definitions
In this Chapter the following apply.
Loss means the loss or theft of clothing or personal effects.
Personal effects means tangible property that might be worn or carried on or by the person.
Value means the current catalogue price of an item, reduced by the proportion of its life already expired.
8
Section 10.4.3 (Definitions)
Omit the section.
9
Section 11.2.4 (Definitions)
Omit the section, substitute:
11.2.4 Definitions
In this Part the following apply.
1.
ADB means additional death benefit
Basic amount means the amount calculated under subsection 11.2.11.1.
Commonwealth authority has the same meaning as in section 4 of the SRC Act.
Compensation means SRC compensation, State compensation and State workers’ compensation.
Dependent child amount means the amount payable under subsection 11.2.8.2 or 11.2.11.2.
Impairment has the same meaning as in section 4 of the SRC Act.
Interim payment amount means the amount calculated under subsection 11.2.13.3.
Member despite section 1.2.2, a reference to a member includes a member of the Reserves.
Non-economic loss has the same meaning as in section 4 of the SRC Act.
Permanent has the same meaning as in section 4 of the SRC Act.
Severe injury means an injury for the purpose of the SRC Act affecting the brain or spinal cord of a person and must result in quadriplegia, paraplegia, hemiplegia, an organic brain syndrome, chronic blindness or a condition of similar effect.
SIA means severe injury adjustment.
Spouse has the same meaning as in the SRC Act.
Spouse amount means the amount payable under subsection 11.2.8.1.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988.
SRC Compensation means compensation payable under subsection 17(3) or 17(4), or section 24 or 27 of the SRC Act.
State compensation has the same meaning as in section 119 of the SRC Act.
State workers’ compensation has the same meaning as in section 118 of the SRC Act.
The Secretary means the Secretary of the Department of Veterans’ Affairs.
11.2.4A Dependent child
A dependent child means a person who meets all of the following.
a. They meet the definition of child under section 1.3.81.
Note: The conditions in sections 1.3.83 and 1.3.85 do not need to be met for the child to be considered a dependant under this section.
b. They are wholly or partly dependent on the member for economic support.
c. They meet one of the following.
i. They are under 16 years old.
ii. They are 16 or more years old, but less than 25 years old, and meet the education test.
In this section, education test means meeting both of the following.
a. The person is in full-time education at a school, college, university or other educational institution.
b. The person is not ordinarily in employment or working on their own account.
10 Section 11.3.3 (Bereavement payment)
Omit the section, substitute:
11.3.3 Bereavement payment
In this section the following apply.
Dependent person means a person who was financially dependent on the deceased member during the relevant pay period.
Note: The conditions in sections 1.3.83 and 1.3.85 do not need to be met for the person to be considered a dependent person under this section.
Gross fortnightly pay means the greater of the following amounts.
a. The total amount of the fortnightly instalments of salary and allowances the member would have been entitled to for the relevant pay period, and includes amount payable for any of the following.
i. Income tax.
ii. Superannuation.
iii. A debt due to the Commonwealth.
Note: For a member on a flexible service determination—the total amount is what would have been payable if the member was not on a flexible service determination.
b. The average amount of gross fortnightly pay that the member was entitled to for each completed pay period in the last three months of service.
Relevant pay period means the fortnight that ends on the day immediately before the day the member died.
This section applies if all of the following have occurred.
a. The member has died.
b. During all or part of the relevant pay period, the member met one of the following.
i. They were on continuous full-time service and salary was payable.
ii. They were on a flexible service determination.
This section does not apply if there is no dependent person.
A dependent person is eligible to receive four times the member's gross fortnightly pay as a bereavement payment.
Payment must be made in four equal fortnightly instalments, and begins on the first day of the pay period immediately after the member’s death.
11 Section 11.4.4 (Administration)
After the section, insert:
11.4.4A Legal personal representative
In this Part, legal personal representative means one of the following.
a. The executor of the deceased member or former member’s will.
b. The administrator of the deceased member or former member’s estate.
12 Section 11.4.8 (Definition)
Omit the section.
Schedule 4—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
1 Section 12.3.18 (Short-term duty overseas)
Omit “by the Commonwealth”.
2 Paragraph 12.4.6.2.a (Allowances and benefits not payable)
Omit “at Commonwealth expense”.
3 Subsection 12.6.11.3 (Storage)
Omit “at Commonwealth expense”, substitute “by a benefit provided under this Determination”.
4 Subsection 13.2.13.1 (Spouse accompanying member on short-term duty overseas)
Omit the subsection, substitute:
A member is eligible for travel assistance for their spouse or partner to accompany them on short term-term duty overseas if all of the following applies.
a. The travel is for representational purposes.
b. The CDF is satisfied that it is demonstrably in the interests of the Commonwealth.
5 Section 13.2.14 (Insuring personal effects)
Omit the section, substitute:
13.2.14 Insuring personal effects
A member is eligible for one of the following.
a. Insurance against loss or damage to personal effects they carried on overseas visits.
b. Reimbursement of premiums paid by the member up to the lesser of the following.
i. The premium paid to insure personal effects.
ii. The cost of a premium that would insure personal effects for AUD 3,000.
6 Paragraph 13.3.8.1.a (Limits on benefits)
Omit the paragraph, substitute:
a. Meals are provided to the member at no cost.
7 Subsection 13.3.14.2 (Confirming actual travel costs)
h. Any benefits the member was eligible for under this determination to buy clothes for previous duty travel within Australia or overseas.
10 Subsection 14.2.4.10 (Pre-departure certificate of fitness)
Omit “, at Commonwealth cost”.
11 Subsection 14.3.5.1 (Removal at beginning of posting)
Omit the subsection, substitute:
A member is eligible for the cost of the removal of items to the posting location at the beginning of a posting.
12 Subsection 14.3.7.3 (Storage of items not removed)
Omit the subsection, substitute:
A member is eligible for the removal of stored items to their permanent accommodation in Australia at the end of their overseas posting.
13 Paragraph 14.3.9.2.a (Storage of excess items)
Omit “at Commonwealth cost”.
14 Subsection 14.3.11.1 (Removal at end of posting)
Omit “at Commonwealth cost, either to the next posting location or Australia, in these”, substitute “to the next posting location or to Australia in the following”.
15 Subsection 14.3.21.2 (Separate removal of member and dependant)
Omit “to the Commonwealth”.
16 Subsection 14.3.22.2 (Moving dependants within Australia)
Omit “at Commonwealth cost”.
17 Subsection 14.3.22.4 (Moving dependants within Australia)
Omit the subsection, substitute:
Despite subsection 2, a member is eligible to be reimbursed the cost of the removal if all the following applies.
a. The removal was privately arranged by the member.
b. The removal was approved by the CDF.
For the purpose of subsection 4, the reimbursement must not exceed the cost of the removal benefit provided under this Determination.
18 Paragraph 14.3.25.1.b (Member marries or has partnership recognised away from posting location), Note
Omit the note.
19 Paragraph 14.3.25.2.b (Member marries or has partnership recognised away from posting location), Note
Omit the note.
20 Subsection 14.3.25.4 (Member marries or has partnership recognised away from posting location)
Omit the subsection.
21 Paragraph 14.4.2.2.a (Member this Part applies to)
Omit “, at Commonwealth cost”, substitute “under section 14.4.5”.
22 Paragraph 14.4.11.3.b (Excess baggage)
Omit “made by the Commonwealth”, substitute “under this Determination”.
23 Subsection 14.4.17.2 (Dependants not travelling with member)
Omit the subsection, substitute:
A member’s dependant is eligible for travel costs in all of the following circumstances.
a. The dependant is being removed to the posting location.
b. The dependant can spend the minimum period under subsection 12.3.5.3 or 12.3.5.4 as part of the member's household at the posting location.
c. The dependant is not travelling to or from the posting location on any other type of assisted airfare, based on the allowable travel cost.
d. If the dependant returned unaccompanied to Australia at Commonwealth cost — the member served at least 12 months at the overseas posting location.
2A. The period in paragraph 2.d may be reduced to less than 12 months if the CDF is satisfied there are special circumstances.
24 Subsection 14.4.17.3 (Dependants not travelling with member), table item 2
Omit “by the Commonwealth”.
25 Paragraph 14.5.5.4.a (Settling in/settling out allowance)
Omit “by the Commonwealth”.
26 Subsection 14.6.6.2 (Transport for evacuation)
Omit the subsection, substitute:
The member is eligible for any excess baggage charges.
27 Subsection 14.6.8.3 (Conditions of service during evacuation)
Omit the subsection, substitute:
A member continues to be eligible for utilities costs during an evacuation.
28 Section 14.6.11 (Storage during evacuation)
Omit the section, substitute:
14.6.11 Storage during evacuation
A member who is evacuated from their posting location is eligible for the storage of the following items for the period of the evacuation.
a. The amount a member is eligible for when moving items from one residence to another at the posting location.
b. A private vehicle owned by the member or dependant.
29 Paragraph 15.2A.25.3.b (Member permanently leaves posting location before their dependants)
Omit the paragraph, substitute:
b. The date the dependants will travel from the posting location using a benefit provided under this Determination.
30 Subsection 15.3.5.3 (Travel by private vehicle)
Omit the subsection, substitute:
The member is not eligible for the costs of transporting a private vehicle.
31 Subsection 15.3.17.1 (Reverse dependant overseas reunion travel to a non-dependant)
Omit the subsection, substitute:
A member is eligible for travel costs for a dependant to reunite with other people if all the following apply.
a. The dependant lives at the member’s posting location.
b. The CDF is satisfied that it is a reasonable use of Commonwealth money.
32 Subsection 15.3.25.2 (Hire of official vehicle for casual short-term private use)
Omit “the Commonwealth”.
33 Subsection 15.3.26.2 (Continuous full-time private use of official vehicle)
Omit “Commonwealth will meet these miscellaneous”, substitute “member is eligible for the following associated with the vehicle”.
35 Section 15.4.10 (Changing housing during posting)
Omit the section, substitute:
15.4.10 Changing housing during posting
A member is eligible for the cost of removing items if all the following apply.
a. The member is moving from one residence in the posting location to another.
b. The move is due to organisational requirements.
36 Section 15.4.19 (Dual liability)
Omit the section, substitute:
15.4.19 Dual liability
1.
Dual liability means both a member and their partner would be required to pay a rent and utilities contribution under this Part.
2.
The member who receives overseas living allowances when dual liability occurs is the only one required to pay the rent and utilities contribution.
37
Section 15.4.20 (Rent and utilities contribution – member living in overseas)
Omit the section, substitute:
15.4.20 Rent and utilities contribution – member living in overseas
1.
A member who occupies living-in accommodation is eligible to be reimbursed any costs they incur for living-in accommodation.
2.
If subsection 1 applies, a member who holds a rank listed in an item in column A of the following table must pay the rent and utilities contribution in column B of the same item.
Item
Column A<br>Member rank
Column B<br>Contribution AUD a week
1.
Corporal or lower
10.00
2.
Sergeant or higher non-commissioned rank
20.00
3.
Warrant Officer
20.00
4.
Officer
30.00
38
Subsection 15.4.24.2 (Substandard housing)
Omit “made to the Commonwealth”.
39
Subsection 15.5.9.5 (Pharmaceutical costs)
Omit “at Commonwealth expense”.
40
Subsection 15.5.10.6 (Pharmaceutical costs – health care card)
Omit “at Commonwealth expense”.
41
Subsection 15.5.16.1 (Travel to another location for health care)
Subsection 15.5.16.3 (Travel to another location for health care)
Omit “will not be approved at Commonwealth expense”, substitute “expenses will not be approved”.
43
Section 15.5.17 (Provision of escort)
Omit “at Commonwealth expense. The CDF must consider the all these criteria”, substitute “after considering all the following”.
44
Subsection 15.5.24.3 (Payment for health service instead of reimbursement)
Omit the subsection, substitute:
3.
A member making a request under this section must have repaid any amount that exceeds what they are eligible for under this Part.
45
Section 15.6.6 (Amount repayable if member receives refund)
Omit the section, substitute:
15.6.6 Amount repayable if member receives refund
If a member is refunded an amount from a provider for a benefit that has been paid to the provider or reimbursed to the member, the member must repay the part of the benefit that is refunded.
46 Subsection 15.7.2.1 (Foreign language training)
Omit “at Commonwealth expense”.
47 Subsection 15.7.2.2 (Foreign language training)
Omit “at Commonwealth expense”.
48 Paragraph 15.9.4.4.d (Continuing benefits for dependants)
Omit the paragraph, substitute:
d. Member’s dependants are eligible for the cost of transport for themself and their possessions to a location other than Australia up to the amount they would have been eligible for if they returned to Australia.
49 Section 16.4.12A (Recovery of travel costs)
Omit “to the Commonwealth”.
50 Paragraph 16.4.12A.a (Recovery of travel costs)
Omit the paragraph, substitute:
a. Travel for which a benefit has been provided does not occur.
51 Section 17.4.5 (Persons who this Part does not apply to)
Omit the section, substitute:
17.4.5 Persons who this Part does not apply to
A person is not eligible to a visit under this Part when the person is already in the location where the member is in hospital.
52 Subsection 17.4.6.1 (People who may be an approved visitor)
Omit the subsection, substitute:
A member is eligible for the visit expenses of an approved visitor who meets all the following.
a. They are approved by the CDF.
b. They are one of the following.
i. A person identified by the member and recorded on PMKeyS as the primary emergency contact in the event of a casualty.
ii. The partner of the member.
iii. A dependant of the member.
iv. A parent of the member, if the member has no dependants recognised under section 1.3.83.Note: A parent of an member may include, but is not limited to, any of the following people. i. A biological parent. ii. An adoptive parent. iii. A foster parent. iv. A step-parent.
v. A child of the member.Note: This child is not necessarily a recognised 'dependent'.
53 Subsection 17.4.7.1 (Approved period for visit)
Omit the subsection, substitute:
A member is eligible for the visit expenses of an approved visitor for a period of up to 7 consecutive days, inclusive of the return travel time.
54 Subsection 17.4.10.3 (Travel insurance, documentation and vaccinations)
Omit the subsection, substitute:
An approved visitor is eligible for the reimbursement of all costs associated with the application for a passport and any visas, including passport photos, on the production of receipts.
55 Section 17.4.11 (Assistance with overseas travel)
56 Section 17.4.12 (Assistance with accommodation)
Omit the section, substitute:
17.4.12 Assistance with accommodation
1.
Subject to subsection 2, an approved visitor is eligible for accommodation assistance arranged by the Military Support Officer for the approved period if a member is hospitalised.
2.
The accommodation is to be within a reasonable distance from the hospital where the member is located, if practicable.
57
Subsection 17.7.24.3 (Offsetting fare assistance)
Omit the subsection, substitute:
3.
For the purpose of subsection 1, the maximum relief out-of-country travel fare assistance is the amount they would have been eligible for under this Division.