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Section 1 - Defence Determination, Conditions of service Amendment Determination 2021 (No. 24) - Defence Determination, Conditions of service Amendment Determination 2021 (No. 24) | Zoe

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Defence Determination, Conditions of service Amendment Determination 2021 (No. 24)

1Defence Determination, Conditions of service Amendment Determination 2021 (No. 24)

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Commonwealth Coat of Arms of Australia

Defence Determination, Conditions of service Amendment Determination 2021 (No. 24)

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 December 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—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Definitions – Chapters 2 and 3 amendments

Defence Determination 2016/19, Conditions of service

Schedule 3—Definitions – Chapter 4 amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Definitions – Chapter 5 amendments

Defence Determination 2016/19, Conditions of service

Schedule 5—Career transition benefits amendments

Defence Determination 2016/19, Conditions of service

Schedule 6—Higher duties allowance amendments

Defence Determination 2016/19, Conditions of service

Schedule 7—Christmas stand-down amendments

Defence Determination 2016/19, Conditions of service

Schedule 8—Removals on ceasing continuous full-time service – contribution amendments

Defence Determination 2016/19, Conditions of service

Schedule 9—Posting location and hardship location amendments

Defence Determination 2016/19, Conditions of service

Schedule 10—Salary non-reduction amendments

Defence Determination 2016/19, Conditions of service

Schedule 11—Transitional provisions

1 Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 24).

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.

	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.

1	Section 1.1.3 (Abbreviations)
	Omit “This”, substitute “The”.
2	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 1: Members with the rank of Warrant Officer Class 1, table
	Omit table item 9, substitute:

9.	Pay Grade 5	Flight Engineer on pay grade 5 the day prior to remuster to another Airmen Aircrew mustering	Date of remuster to another Airmen Aircrew mustering.	The day five years from the date of remuster to another Airmen Aircrew mustering.

11.	Pay Grade 6	Flight engineer on pay grade 6 the day prior to remuster to another Airmen Aircrew mustering	Date of remuster to another Airmen Aircrew mustering.	The day five years from the date of remuster to another Airmen Aircrew mustering.

14.	Pay Grade 7	Flight Engineer on pay grade 7 the day prior to remuster to another Airmen Aircrew mustering	Date of remuster to another Airmen Aircrew mustering.	The day five years from the date of remuster to another Airmen Aircrew mustering.

16.	Pay Grade 8	Flight Engineer on pay grade 8 the day prior to remuster to another Airmen Aircrew mustering	Date of remuster to another Airmen Aircrew mustering.	The day five years from the date of remuster to another Airmen Aircrew mustering.

6	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table
	Omit table item 33, substitute:

33.	Pay grade 5	Flight Engineer on pay grade 5 the day prior to remuster to another Airmen Aircrew mustering	Date of remuster to another Airmen Aircrew mustering.	The day five years from the date of remuster to another Airmen Aircrew mustering.

7	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table
	Omit table item 36, substitute:

36.	Pay grade 6	Flight Engineer on pay grade 6 the day prior to remuster to another Airmen Aircrew mustering	Date of remuster to another Airmen Aircrew mustering.	The day five years from the date of remuster to another Airmen Aircrew mustering.

8	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table
	Omit table item 39, substitute:

39.	Pay grade 7	Flight Engineer on pay grade 7 the day prior to remuster to another Airmen Aircrew mustering	Date of remuster to another Airmen Aircrew mustering.	The day five years from the date of remuster to another Airmen Aircrew mustering.

9	Annex 3.2.B (Salary non-reduction – members with the rank of Warrant Officer Class 1 or lower), Part 2: Members with the rank of Warrant Officer Class 2 or lower, table
	Omit table item 41, substitute:

41.	Pay grade 8	Flight Engineer on pay grade 8 the day prior to remuster to another Airmen Aircrew mustering	Date of remuster to another Airmen Aircrew mustering	The day five years from the date of remuster to another Airmen Aircrew mustering.

10	Annex 3.2.D (Salary non-reduction – Officers), table
	Omit table item 1.
11	Annex 3.2.D (Salary non-reduction – Officers), table
	Omit table item 2.
12	Annex 3.2.D (Salary non-reduction – Officers), table
	Omit table item 4.
13	Annex 3.2.D (Salary non-reduction – Officers), table
	Omit table item 6.
14	Annex 3.2.D (Salary non-reduction – Officers), table
	Omit table item 8.
15	Subsection 3.6.4.d (Situations that delay service)
	Omit the subsection.
16	Section 5.2.6 (Travelling to a restricted destination)
	Omit the section.
17	Section 5.4.33 (Grant of recreation leave)
	After the section, insert:
5.	A member must not be granted recreation leave to be taken during a journey under Chapter 14 Part 4 during the COVID-19 pandemic unless Director of Defence Print and Travel Services is satisfied there are exceptional circumstances for the member to do so.
18	Chapter 12 Part 4 Division 1 (Member remunerated by the UN), title
	Omit “UN”, substitute “United Nations”.
19	Section 14.4.15 (Rest periods)
	At the end of the section, insert:
	Notes:<br>1. A member may take recreation leave under Chapter 5 Part 4 during or at the end of a journey in conjunction with a rest period.<br>2. Under section 5.4.33, members cannot be granted recreation leave to be taken during a journey during the COVID-19 pandemic unless there are exceptional circumstances.
20	Section 14.4.16 (Recreation leave with rest periods)
	Omit the section.
21	Subsection 16.4.11A.4 (In-country offset – accommodation)
	Omit “31 December 2021”, substitute “30 June 2022”.

In this Division the following apply.
Aviation specialist has the same meaning as given in Part A Division 1 section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.
Maritime Aviation Warfare Officer employment category means any of the following Navy employment categories under Schedule B.3 Part 2 of DFRT Determination No. 2 of 2017, Salaries.
a. Maritime Aviation Warfare Officer Competency Progression.
b. Maritime Aviation Warfare Officer Competency Progression ADQUAL.
c. Maritime Aviation Warfare Officer Time Progression.
d. Maritime Aviation Warfare Officer Time Progression ADQUAL.
Officer Aviation member has the same meaning as given in Part A Division 1 section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.
Officer Aviation Pay Structure means the salary structure under Part B Division 3 sections B.3.7 to B.3.10 of DFRT Determination No. 2 of 2017, Salaries.
Pilot employment category means the following under Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries.
a. For a member of the Navy, any of the following employment categories.
i. Pilot Competency Progression.
ii. Pilot Competency Progression ADQUAL.
iii. Pilot Time Progression.
iv. Pilot Time Progression ADQUAL.
b. For a member of the Army, any of the following employment categories.
i. Pilot — Competency Progression.
ii. Pilot — Time Base Progression.
Promoted means a member promoted under paragraph 13(1)(a) of the Regulation.
Rank means the rank that the member was appointed to or last promoted to under paragraph 13(1)(a) of the Regulation.
Note: Rank does not include a higher rank that the member has been directed to act in under paragraph 13(1)(b) of the Regulation.
Regimental Officers Basic Course – Program (aviation) means the completion on Army's junior officer aviation pilot training program, which includes the following.
a. Conversion to operational type aircraft.
b. Regimental Officer Basic Courses (aviation).
Relevant military service means service that meets all of the following.
a. It was in the ADF or a foreign military force.
b. It is relevant to the work that the officer is appointed to do.
c. It was performed at a rank equivalent to the rank the officer is appointed to, or at a higher rank.
Years in rank means the years in rank under Annex B.3.A to Annex B.3.D of DFRT Determination No. 2 of 2017, Salaries, that corresponds to the number of years of experience a member has at their rank, unless otherwise stated.
6 Section 3.5.5 (Some concepts used in this Division)
Omit the section, substitute:

	In this Division the following apply.
	ADF amount means the sum of the amounts of salary and maritime disability allowance that the member would be eligible for if the duty was for an ADF posting.
	APS amount means the sum of the amounts of salary and allowance instead of overtime that the member would be eligible for in the APS position.<br>Note: If the member is not an APS employee, this amount will always be zero.
6	Section 4.5.2 (Purpose)
	After the section, insert:

	In this Part the following apply.
	Meal period for a member who occupies living in accommodation means a period that the mess at the location of their living in accommodation provides meals for them.
7	Section 4.5.5 (Meal period – definition)
	Omit the section.
8	Section 4.6.2 (Member this Part applies to)
	Omit the section, substitute:

1.	This Part applies to a member who holds a rank of Brigadier or higher.
2.	Sections 4.6.4, 4.6.5 and 4.6.6 apply to a member of the Reserves who holds a rank of Brigadier or higher.
9	Section 4.6.3 (Definitions)
	Omit the section.
10	Section 4.6.6 (Executive vehicle allowance)
	Omit “star rank”, substitute “rank of Brigadier or higher” wherever occurring.
11	Chapter 4 Part 8 (Training payments)
	After the title, insert:

	In this Part the following apply.
	Dental officer has the same meaning given in section A.1.12 of DFRT Determination No. 2 of 2017, Salaries.
12	Chapter 4 Part 8 Division 1 (Trainee's dependant allowance), title
	Omit the title, substitute:

	In this Division, the following apply.
	Refresher training course means an approved course of study to be undertaken by a former member in aspects of medical or dental practice that are not normally found in the ADF.
16	Paragraph 4.8.17.2.b (Conditions for refresher training payment)
	Omit “course”, substitute “refresher training course”.
17	Subsection 4.8.17.3 (Conditions for refresher training payment)
	Omit “course”, substitute “refresher training course”.
18	Section 4.8.18 (Amount of payment)
	Omit the section, substitute:

In this Part the following apply.
Field service has the same meaning given in DFRT Determination No. 11 of 2013, ADF allowances.
Flight duties has the same meaning given in DFRT Determination No. 11 of 2013, ADF allowances.
Non-effective service means a period of more than 24 hours when one of the following applies.
a. The member is on unpaid leave.
b. The member is absent without leave.
c. The member is suspended from duty, on detention, in prison or in custody immediately before a conviction.
d. The member is on detention or in prison after a conviction.
Special service means service performed in either of the following circumstances.
a. For the purpose of Division B.12 in DFRT Determination No. 11 of 2013, ADF allowances.
b. For the purpose of Division B.14 in DFRT Determination No. 11 of 2013, ADF allowances.
4 Section 5.4.10 (Definitions)
Omit the section.
5 Section 5.5.5 (Definitions), definition of start date
Omit the definition.
6 Subsection 5.5.15.1 (Prior service)
Omit “Long Service Leave Act”, substitute “Long Service Leave (Commonwealth Employees) Act 1976”.
7 Subsection 5.5.27.4 (Member on higher duties, temporary or acting rank)
After the subsection, insert:
1. In this section, start date means the earliest of the following days.
a. The day the member met the criteria set out in section 2.2.3.
Note: Chapter 2 Part provides career transition benefits for members when they change service category or cease service with the ADF.
b. The day the member begins a period of recreation leave or long service leave that ends immediately before the member ceases continuous full-time service.
c. The day the member ceases continuous full-time service.
8 Section 5.8.2 (Definitions)
After the definition of ‘Operational area’, insert:
Warlike service has the same meaning given by section 1.3.79.
9 Section 5.9.20 (Definition)
Omit the section.
10 Subsection 5.9.22.4 (Conditions of benefit)
After the subsection, insert:
1. In this section, prescribed area means one of the following.
a. An operational area, as defined in section 1.3.48.
b. A defined area approved by the minister.
11 Subsection 5.11.16A (Definitions)
Omit “For the purpose of”, substitute “In”.


	A member who was eligible for salary non-reduction under Annex 3.2.B, Part 1 table items 9, 11, 14 or 16, or Annex 3.2.B, Part 2 table items 33, 36, 39 or 41 of Defence Determination 2016/19 on 30 July 2020, is eligible for salary non-reduction between 31 July 2020 and the commencement of this Determination as though Schedule 1 of this Determination had been in force at the time.