Defence Determination, Conditions of service Amendment Determination 2021 (No. 7)
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Updates the Defence Conditions of Service Determination to change terminology, define DFRT (fortnightly) allowances, and adjust how pay and allowances are treated during detention, leave, long‑service and maternity leave; clarifies overseas posting, travel and evacuation rules; and adds entitlement to reimburse one mandatory COVID‑19 test per school term for a school‑age dependant on an overseas posting (new s15.6.17A; Schedule 5). The Commonwealth pays the reimbursements and allowances; many eligibility decisions require CDF or senior officers’ satisfaction (e.g. ss6.5.19.1, 8.4.7.1).
This instrument, the Defence Determination, Conditions of service Amendment Determination 2021 (No. 7), amends the Defence Determination 2016/19, Conditions of service. It is made by the Assistant Secretary, People Policy and Employment Conditions, under section 58B of the Defence Act 1903 (see Authority, item 3), dated 8 June 2021 and commencing on 10 June 2021 (items 1-3). The instrument operates by specifying detailed changes across five Schedules that: (a) make numerous textual and definitional amendments across hundreds of clauses; (b) add a short new entitlement for COVID-19 testing costs for school‑age dependants; (c) revise how DFRT allowances and annual allowances are defined and treated for pay, leave and forfeiture purposes; (d) alter leave payment and long service leave calculations to explicitly include allowances in daily rate calculations; (e) amend overseas posting and travel chapters by removing many examples, notes and parts and by altering operational definitions such as ordinary period of posting; and (f) add specific non-reduction pay-grade entries for certain communications/information grades with fixed protection dates (Annex changes in Schedule 3).
Mechanically notable changes include the insertion of a DFRT allowance definition (new section 1.3.18B in Schedule 2), substitution of a number of references from “salary related allowances” to “DFRT allowances” (Schedule 2, items 5-16), and reformulation of payment formulas for accrued and purchased recreation leave credits and senior officer transitional payments (Schedule 2, notably subsections 5.4.44, 5.4.44A and related items). The Determination also inserts a discrete entitlement, 15.6.17A, that provides reimbursement of one mandatory COVID‑19 test per school term for a school‑age dependant if the school makes testing a mandatory requirement (Schedule 1, item 85), and a transitional provision (Schedule 5) that reimburses members who paid for mandatory tests from 1 January 2021 to commencement.
Current sections
Direct links to the current provisions in Defence Determination, Conditions of service Amendment Determination 2021 (No. 7).
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Defence Determination, Conditions of service Amendment Determination 2021 (No. 7)
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 1—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
1 Subsection 1.2.5A.2 (References to rules in other instruments)
Omit “Where” wherever occurring, substitute “If”.
2 Section 1.3.84 (Dependants with special needs)
Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.
3 Section 1.3.85.7 (Dependants recognised by CDF)
Omit “where”, substitute “if”.
4 Subsection 1.3.89.6 (Partner – de facto)
Omit “where”, substitute “if”.
5 Section 1.3.91 (Primary emergency contact), see note
19 Subsection 5.4.34.2 (Expiration of recreation leave credits (‘leave lapsing’))
Omit “an additional year”, substitute “one additional year at a time”.
20 Subsection 5.4.34.3 (Expiration of recreation leave credits (‘leave lapsing’))
Omit the subsection.
21 Paragraph 5.5.15.2.a (Prior service)
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.
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.
22 Section 5.13.3 (Payment for costs), table
Omit “where’ wherever occurring, substitute “if.
23 Section 5.13.6 (Costs where member is recalled from holiday location), title
Omit “where’, substitute “if a”.
24 Section 5.13.7 (costs where member’s leave is cancelled before it starts), title
Omit “where’, substitute “if a”.
25 Subsection 6.5.19.1 (Compassionate removal to a personal location where benefits are provided)
Omit the subsection, substitute:
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.
26 Subsection 6.5.22.1 (removal of dependants from personal location to current posting location)
Omit “where both”, substitute “when all of”.
27 Paragraph 6.5.53.2.b (Member with dependants (unaccompanied)), exceptions
Omit “Where” wherever occurring, substitute “If”.
28 Section 6.5.64 (Discretion in special circumstances)
Omit the section, substitute:
6.5.64 Discretion in special circumstances
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.
29 Subsection 7.4.23.5 (Living-in accommodation on deployment – six months or longer)
Omit the subsection, substitute:
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.
If subsection 5 applies, the member is treated as a member who chose to leave the living-in accommodation under paragraph 2.b.
30 Paragraph 7.4.A.18.3.b (access to a member’s room), exceptions
Omit “Where”, substitute “If”.
31 Subparagraph 7.8.23.1.b.iii (Home is sublet), exception
Omit “Where”, substitute “If”.
32 Subparagraph 7.8.23.1.b.iii (Home is sublet), see note
Omit the see note.
33 Subsection 7.10.2.2 (Utilities – definition), example
Omit the example.
34 Annex 7.A Part 2 (Higher contribution scheme – contribution for a Service residence where a member with dependants chooses a property above their benefit), Title
Omit “where”, substitute “if”.
35 Section 8.3.5 (Members who may not be a member with dependants (unaccompanied))
Omit the section.
36 Subsection 8.3.6.7 (Member who may be classified as a member with dependants (unaccompanied))
Omit the subsection, substitute:
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.
37 Paragraph 8.4.6.f (Changes to eligibility periods)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
38 Subsection 8.4.7.1 (Assistance in special circumstances)
Omit the subsection, substitute:
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.
39 Section 8.4.11 (Web-based tutoring)
Omit the section, substitute:
8.4.11 Web-based tutoring
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.
A member may not be reimbursed any of the following costs.
a. Computer software costs.
b. Computer hardware costs.
c. Internet access costs.
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<br>Conditions
Column B<br>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.<br>1. The child is in Year 10, 11 or 12.<br>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.
40 Paragraph 8.4.14.7.f (Children with special needs)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
41 Paragraph 8.4.20.2.f (Member this Division applies to)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
42 Subsection 8.4.22.4 (Period of reimbursement), note
Omit “where the member”, substitute “to a member who”.
43 Paragraph 8.4.22.7.e (Period of reimbursement)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
44 Section 8.4.24 (Member this Division applies to)
Omit the section, substitute:
8.4.24 Member this Division applies to
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.
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.
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.
45 Paragraph 8.4.25.4.d (Rate and period of assistance)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
46 Section 8.5.3 (Eligibility for emergency support)
Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.
47 Subsection 8.5.6.1 (Types of services available), table
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
48 Subsection 8.5.6.4 (Types of services available), table
Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.
49 Subsection 8.5.6.4 (Types of services available), table
Omit “DCO”, substitute “Defence Member and Family Support”.
Omit wherever occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.
52 Section 8.6.8 (Assistance at the new posting location)
Omit wherever occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.
53 Subsection 8.6.8.5 (Assistance at the new posting location), table
Omit “DCO”, substitute “Defence Member and Family Support”.
54 Paragraph 8.6.9.1.a (Assistance with respite, personal care or therapy services)
Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.
55 Subsection 8.6.10.3 (Assistance with equipment hire)
Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.
56 Paragraph 8.6.12.3.c (Special housing needs)
Omit “where”, substitute “if”.
57 Subsection 8.6.13.3 (Special assistance during removal)
Omit wherever occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.
58 Paragraph 8.7.3.2.a (Persons who this Part applies to)
Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.
59 Subsection 8.7.6.7 (Assistance with domestic travel)
Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.
60 Subsection 8.7.7.1 (Assistance with accommodation)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
61 Section 8.7.11 (Additional support)
Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.
62 Subsection 8.9.7.1 (Registering for The Program), notes
Omit the notes.
63 Subsection 9.2.19.2 (Delayed or interrupted posting travel)
Omit the subsection, substitute:
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.
64 Subsection 9.2.19A.2 (Rerouted travel), note
Omit “and”, substitute “are”.
65 Subsection 9.2.19A.4 (Rerouted travel), note
Omit “and”, substitute “are”.
66 Section 9.3.71 (Assistance with domestic travel)
Omit twice occurring “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
67 Paragraph 9.3.73.4.b (Assistance with accommodation)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
68 Section 9.4.24 (Structure of this Division)
Omit the section.
69 Subsection 9.4.26.4 (Scheme A – member without dependants), table item 2
Omit “where”, substitute “if”.
70 Subsection 9.4.27.4 (Scheme A – member with dependants (unaccompanied)), table
Omit “the rate of allowance”, substitute "the annual rate of allowance".
21 Subsection 4.4.9.1 (Rate of allowance), table header
Omit “Rate ($)”, substitute "Annual rate ($)".
22 Subsection 5.1.2A (Salary and allowances during leave)
Omit the section.
23 Subsection 5.4.36.1 (Salary for recreation leave)
Omit “substantive”.
24 Subsection 5.4.36.2 (Salary for recreation leave)
Omit the subsection, substitute:
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.
25 Subsection 5.4.37.1 (Payment of allowances on recreation leave)
Omit the subsection, substitute:
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.
26 Paragraph 5.4.37.2.d (Payment of allowances on recreation leave)
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.
27 Paragraph 5.4.37.2.e (Payment of allowances on recreation leave)
Omit the paragraph.
28 Subsection 5.4.42 (Definitions)
Omit the section, substitute:
5.4.42 Definitions
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.
29 Subsection 5.4.44.2 (Payment to member for leave credit)
Omit the subsection, substitute.
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.
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.
30 Subsection 5.4.44A.2 (Payment to senior officer who transitioned for leave credit)
Omit the subsection, substitute:
The senior officer is to be paid an amount calculated using the following formula.
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.
31 Subsection 5.4.44A.3 (Payment to senior officer who transitioned for leave credit)
Omit the subsection.
32 Subsection 5.4.45.2 (Transfer of leave credits and payment to new Commonwealth entity)
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.
33 Section 5.4.46 (Calculation of payment or transfer rate)
Omit the section.
34 Chapter 5 Part 5 Division 4 (Salary for long service leave), title
Omit “for”, substitute “and allowances during”.
35 Subsection 5.5.21 (Salary for long service leave)
Omit the section, substitute:
5.5.21 Salary during long service leave
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.
36
Section 5.5.22 (Salary – member on temporary or acting rank)
Omit the section.
37
Section 5.5.23 (DFRT Allowances while on long service leave)
Omit the section, substitute:
5.5.23 DFRT allowances during long service leave
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.
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.
38 Subsection 5.5.26.4 (Payment instead of long service leave)
Omit “section 5.5.22 or”.
39 Paragraph 5.5.26.4.a (Payment instead of long service leave)
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,”.
40 Subsection 5.5.26.4 (Payment instead of long service leave), related information
Omit the related information.
41 Section 5.6.4 (Definitions)
Omit the section, substitute:
5.6.4 Definitions
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.
42 Subsection 5.6.14 (Paid maternity leave)
Omit the section, substitute:
5.6.14 Paid maternity leave
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.
Subsection 1 does not apply to a member during a period when she has not completed her qualifying service.
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.
43 Section 5.6.15 (Maternity leave at half pay)
Omit the section, substitute:
5.6.15 Maternity leave at half pay
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.
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.
The period that the member receives maternity leave at half pay cannot be more than the period the member takes maternity leave.
44 Subsection 5.6.31.2 (Maternity leave)
After “salary”, insert “and allowances”.
45 Subsection 5.8.8 (Salary and allowances during leave)
Omit the section.
46 Subsection 5.8.9.2 (Payment instead of leave — during ADF service)
Omit the subsection, substitute:
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<br>Period
Column B<br>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.
47
Subsection 5.8.9.3 (Payment instead of leave — during ADF service)
Omit the subsection.
48
Chapter 7 Part 10 (Utilities), title
After the title insert:
Division 1: General provisions
49
Section 7.10.1 (Purpose)
Omit the section.
50
Section 7.10.4 (Member temporarily away from home)
After the section, insert:
Division 2: Contributions for utilities
51
Section 7.10.9A (Contribution for utilities – member living-in on a flexible service determination)
After the section, insert:
Division 3: Assistance with utilities connections and bonds
4 Paragraph 12.3.2.1.a (Accompanied member), see note
Omit the see note.
5 Subsection 12.3.3.2 (Allowable travel cost), example
Omit the example.
6 Subsection 12.3.3.4 (Allowable travel cost), related information
Omit the related information.
7 Paragraph 12.3.5.1.c (Dependant)
Omit the paragraph, substitute:
c. A person recognised as a dependant with special needs under section 1.3.84, regardless of age.
8 Subparagraph 12.3.5.3.b.ii (Dependant), see note
Omit the see note.
9 Paragraph 12.3.5.4.c (Dependant), example
Omit the example.
10 Section 12.3.8 (Location in Australian where member normally lives), example
Omit the example.
11 Paragraph 12.3.11 (Operational area), see note
Omit the see note.
12 Section 12.3.12 (Ordinary period of posting)
Omit the section, substitute:
12.3.12 Ordinary period of posting
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.
13 Subsection 12.3.14A.3 (Post Index), Notes
Omit the subsection, substitute:
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.
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.
14 Paragraph 12.3.19 (Time zone hour), see note
Omit the see note.
15 Annex 12.3.A (International time zones)
Omit the Annex.
16 Section 12.4.2 (Period of service with the UN counts as service), see note
Omit the see note.
17 Subsection 12.6.6.2 (Return travel to Australia after duty period has ended)
Omit the subsection, substitute:
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.
18 Section 13.0.1 (Overview)
Omit the section.
19 Chapter 13 Part 1 (Overview), title
Omit the title, substitute:
Part 1: General provisions
20
Section 13.1.1 (Purpose)
Omit the section, substitute:
13.1.1 Purpose
This Part sets out the rules for the benefits and allowances that apply to members who travel overseas on short-term duty.
21
Paragraph 13.1.2.a (Member this Chapter applies to), see note
Omit the see note.
22
Section 13.1.3 (Member this Chapter does not apply to), see notes
Omit wherever occurring the see notes.
23
Subsection 13.1.3.2 (Member this Chapter does not apply to), note
Omit the note.
24
Subsection 13.1.4 (Member on short-term duty ill or injured), see note
Omit the see note.
25
Section 13.1.4 (Member on short-term duty ill or injured)
After the section, insert:
13.1.5 Definitions
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.
26 Section 13.2.1 (Overview)
Omit the section.
27 Section 13.2.2 (Definitions)
Omit the section.
28 Section 13.2.4 (Member this Division does not apply to), see notes
Omit twice occurring the see notes.
29 Paragraph 13.2.4.1.c (Member this Division does not apply to), example
Omit the example.
30 Paragraph 13.2.6.2.d (Class of air travel for short-term duty), examples
Omit the examples.
31 Paragraph 13.2.8.2.g (CDF discretion for first class air travel), examples
Omit the examples.
32 Section 13.2.10 (Definition – time zone hour)
Omit the section.
33 Subsection 13.2.11.4 (Rest period benefits), examples
Omit the examples.
34 Paragraph 13.2.11.8.b (Rest period benefits)
Omit the paragraph, substitute:
b. The meal and incidental costs up to the daily limit as provided under Annex 13.3.A.
35 Paragraph 13.2.13.2.c (Spouse accompanying member on short-term duty overseas), see note
Omit the see note.
36 Section 13.2.15 (Death of member or dependant), see note
Omit the see note.
37 Paragraph 13.3.17.1.a (Purpose), examples
Omit the examples.
38 Subsection 13.3.18.2 (Benefit), example
Omit the example.
39 Annex 13.3.A Part 1 (Brigadier or higher), table item 2
Omit the see note, substitute:
Note: Costs are provided under Chapter 9 Part 5, Payment of travel costs.
40 Annex 13.3.A Part 2 (Colonel or lower), table item 2
Omit the see note, substitute:
Note: Costs are provided under Chapter 9 Part 5, Payment of travel costs.
41 Section 13.4.1 (Overview)
Omit the section.
42 Paragraph 13.4.5.2.b (Allowance if meals not provided), see note
Omit the see note.
43 Section 13.4.7 (Member this Division applies to), examples
Omit the examples.
44 Section 14.0.1 (Overview)
Omit the section.
45 Chapter 14 Part 1 (Overview), title
Omit the title, substitute:
Part 1: General provisions
46
Section 14.1.1 (About relocations to and from overseas postings)
Omit the section.
47
Subsection 14.1.3.1.b (Member this Chapter does not apply to), example
Omit the example.
48
Section 14.2.1 (Overview)
Omit the section.
49
Section 14.2.3 (Member this Division applies to)
Omit the section, substitute:
14.2.3 Person this Division applies to
This Division applies to a member’s dependants who have been approved to live at the member’s posting location.
50 Section 14.2.4 (Pre-departure certificate of fitness), examples
Omit wherever occurring the examples.
51 Section 14.2.4 (Pre-departure certificate of fitness), see notes
Omit twice occurring the see notes.
52 Section 14.2.9 (Outlay advance — recovery), see notes
Omit wherever occurring the see notes.
53 Paragraph 14.2.9.3.e (Outlay advance — recovery), example
Omit the example.
54 Subsection 14.3.6.1 (Pet relocation), example
Omit the example.
55 Subsection 14.3.6.5 (Pet relocation), see note
Omit the see note.
56 Subsection 14.3.7.1 (Storage of items not removed)
57 Subsection 14.3.7.1 (Storage of items not removed), see note
Omit the see note.
58 Subsection 14.3.9.1 (Storage of excess items), example
Omit the example.
59 Section 14.3.12 (Unacceptable items for removal), examples
Omit wherever occurring the examples.
60 Section 14.3.13 (Benefits if enlisted overseas), see notes
Omit twice occurring the see notes.
61 Chapter 14 Part 3 Division 2 (Storage of private vehicles), title
After “Storage”, insert “and removal”.
62 Paragraph 14.3.15.1.b (Benefits if enlisted overseas), note
Omit the note.
63 Subsection 14.3.16.4 (Removal of vehicle on return to Australia), see note
Omit the see note.
64 Subsection 14.3.20 (Purpose), note
Omit the note.
65 Subsection 14.3.21.3 (Separate removal of member and dependant), example
Omit the example.
66 Subsection 14.3.22.3 (Moving dependants within Australia), examples
Omit the examples.
67 Subsection 14.3.22.3 (Moving dependants within Australia), see note
Omit the see note.
68 Subsection 14.3.26.2 (Removal on next posting)
Omit the subsection, substitute:
On the member’s and dependants’ arrival in Australia after the long-term posting, the removal provisions under Chapter 6 Part 5 apply.
69 Subsection 14.4.10.1 (Excess baggage)
Omit the subsection, substitute:
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.
70 Section 14.4.11 (Excess baggage), examples
Omit wherever occurring the examples.
71 Section 14.4.14 (Definition – time zone hour)
Omit the section.
72 Subsection 14.4.15.5 (Rest period benefits), examples
Omit the examples.
73 Section 14.5.2 (Member this Part applies to), see notes
Omit wherever occurring the see notes.
74 Subsection 14.5.2.1 (Member this Part applies to), examples
Omit twice occurring the examples.
75 Subsection 14.5.3.4 (Settling in at the posting location), note
Omit the note.
76 Subsection 14.5.4.3 (Settling out of the posting location), note
Omit the note.
77 Paragraph 14.5.5.4.a (Settling in/settling out allowance), example
Omit the example.
78 Section 14.6.1 (Overview)
Omit the section.
79 Paragraph 14.6.4.1.b (Member this Division applies to), examples
Omit the examples.
80 Section 14.6.4 (Member this Division applies to), note
Omit the note.
81 Subsection 14.6.7.2 (Accommodation and meals during evacuation), see note
Omit the see note.
82 Subsection 14.6.8.1 (Conditions of service during evacuation)
After “posting provisions”, insert “under Chapter 15”.
83 Subsection 14.6.8.1 (Conditions of service during evacuation), see note
Omit the see note.
84 Subsection 14.6.8.2 (Conditions of service during evacuation)
Omit the subsection, substitute:
The member must continue to pay rent and utilities contributions during the evacuation period.
85 Paragraph 14.6.11.a (Storage during evacuation), see note
Omit the see note.
86 Section 14.6.12 (Health assistance)
Omit the section, substitute:
14.6.12 Health assistance
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.
87
Subsection 14.6.14.3 (Reunion visits during evacuation), see note
Omit the see note.
89
Section 14.6.15 (Loss or damage to possessions)
Omit the section.
90
Subsection 14.6.16 (Extraordinary costs incurred at the posting location)
Omit the section.
91
Paragraph 14.6.17.2.a (Losses if Commonwealth withdraws from posting), see note
Omit the see note.
92
Paragraph 14.6.17.3.e (Losses if Commonwealth withdraws from posting), example
Omit the example.
93
Section 14.6.18 (Purpose), see note
Omit the see note.
94
Section 14.6.20 (Definition - possessions), note
Omit “is not covered by this Part”, substitute “is provided under Chapter 10 Part 4”.
95
Section 14.6.20 (Definition - possessions), see note
176 Subsection 16.3A.3.3 (Additional recreation leave), see note
Omit the see note.
177 Section 16.4.4 (Leave fare basis)
Omit the section.
178 Section 16.4.6 (Member this Part does not apply to), see note
Omit the see note.
179 Section 16.4.7 (Number of trips), see notes
Omit twice occurring the see notes.
180 Subsection 16.4.7.5 (Number of trips), example
Omit the example.
181 Section 16.4.8.1 (Posting longer than the ordinary posting period)
Omit the subsection, substitute:
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.
182 Paragraph 16.4.11.2.c (Offsetting assisted leave travel), see note
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.
183 Paragraph 16.4.12A.b (Recovery of travel costs), see note
Omit the see note.
184 Section 16.4.13 (Leave fare examples)
Omit the section.
185 Paragraph 16.4.15.2.a (Travel by private vehicle)
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.
186 Section 16.5.4 (Member this Part applies to), see note
Omit the see note.
187 Subsection 16.5.6.3 (Accommodation – conditions for payment of costs), see note
Omit the see note.
188 Section 17.0.1 (Overview)
Omit the section.
189 Chapter 17 Part 1 (Overview), title
Omit the title, substitute:
Part 1: General provisions
190
Section 17.1.2 (Definitions), see note
Omit the see note.
191
Section 17.1.4 (Member this Chapter does not apply to), see note
Omit the see note.
192
Subsection 17.2.2.1 (Member this Part does not apply to), example
Omit the example.
193
Subsection 17.2.2.2 (Member this Part does not apply to), see note
Omit the see note.
194
Subsection 17.2.3.2 (Members on continuous full-time service), see note
Omit the see note.
195
Section 17.4.1 (Principle)
Omit the section.
196
Section 17.4.2 (Purpose), note
Omit the note.
197
Subsection 17.4.2 (Purpose), see note
Omit the see note.
198
Section 17.4.3 (Definitions), table
Omit twice occurring the see notes.
199
Section 17.4.5 (Persons who this Part does not apply to), example
Omit the example.
200
Section 17.4.6 (People who may be an approved visitor), examples
Omit twice occurring the examples.
201
Subsection 17.4.6.1 (People who may be an approved visitor), see note
Omit the see note.
202
Subsection 17.4.7.2 (Approved period for visit), see note
Omit the see note.
203
Section 17.4.9 (Assistance for the approved visitor)
Omit the section
204
Paragraph 17.4.14.2.b (When the member’s condition changes), examples
Omit the examples.
205
Chapter 17 Part 5 (Deployment conditions of service)
Omit the Part.
206
Chapter 17 Part 6 (Third-country deployments)
Omit the Part.
207
Section 17.7.1 (Overview)
Omit the section.
208
Subsection 17.7.6.2 (Rate of allowance), note
Omit the note.
209
Subsection 17.7.6.2 (Rate of allowance), see notes
Omit twice occurring the see notes.
210
Section 17.7.8 (Breaks in service), examples
Omit wherever occurring the examples.
211
Subsection 17.7.8.1 (Breaks in service), see notes
Omit the see notes.
212
Subsection 17.7.9.2 (Eligibility for multiple rates), examples
Omit the examples.
213
Section 17.7.10 (Member on transit through a specified area), examples
Omit wherever occurring the examples.
214
Section 17.7.10 (Member on transit through a specified area), see notes
Omit wherever occurring the see notes.
215
Section 17.7.12 (Allowances that may be payable), table
Omit twice occurring the see notes.
216
Section 17.7.19 (Rate of accrual), related information
Omit the related information.
217
Section 17.7.20 (Effect on other leave), see notes
Omit twice occurring the see notes.
218
Subsection 17.7.20.1 (Effect on other leave)
Omit “recreation leave credit”, substitute “recreation leave credit under Chapter 5 Part 4 Division 4”.
219
Paragraph 17.7.23.1.c (Conditions), example
Omit the example.
220
Subsection 17.7.23.4 (Conditions), see note
Omit the see note.
Schedule 5—Transitional provisions
Defence Determination 2016/19, Conditions of service
1
Offsetting assisted leave travel
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.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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 1—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
1 Subsection 1.2.5A.2 (References to rules in other instruments)
Omit “Where” wherever occurring, substitute “If”.
2 Section 1.3.84 (Dependants with special needs)
Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.
Defence Determination, Conditions of service Amendment Determination 2021 (No. 7) | Zoe
The instrument effects many operational shifts from illustrative or explanatory material to compact operative rules: numerous examples, see notes, related information, and entire Parts are omitted (see Schedule 4 for the numerous deletions in overseas conditions; Schedule 1 and 2 repeat deletions of notes and examples across the Determination). That pattern reduces ancillary guidance within the Determination and concentrates legal effect in the operative text and new definitions.
Who decides and who pays are specified in operative clauses: many entitlements remain subject to the Chief of the Defence Force’s (CDF) satisfaction or decision (for example eligibility criteria in multiple substituted sections such as 6.5.64 and 8.4.11), and monetary reimbursements are Commonwealth obligations payable under the Conditions of service framework. Several administrative decision‑makers are named or adjusted (for example Director Navy Career Performance Support in Schedule 1 item 16, and Assistant Secretary People Policy and Employment Conditions in Schedule 1 item 86).
The Determination does not create criminal offences or new statutory penalties; it reallocates administrative entitlements, conditions and calculation methods and reassigns organisational references from Defence Community Organisation to Defence Member and Family Support throughout (Schedule 1, multiple items). The precise legal effects for specific members will depend on their facts and the interaction of amended provisions with the rest of the Conditions of service and relevant DFRT determinations referenced in the instrument.
Main concepts
The instrument operates across a few central conceptual axes that recur in the amendments.
Re‑definition and re-labelling of allowances and pay concepts. The Determination inserts a DFRT allowance definition (1.3.18B, Schedule 2) and substitutes the term DFRT allowances for prior formulations such as “salary related allowances” in numerous clauses (Schedule 2 items 5-16). It also introduces an “annual allowance” concept in the substituted definitions for the leave and payment calculations (5.4.42, Schedule 2 item 28). These definitional moves change which payments count in calculations of daily rates, leave payouts and forfeiture.
Treatment of pay and allowances during absence, detention or imprisonment. The substituted provisions at 1.7.5 and 1.7.6 (Schedule 2 items 6, 10) make explicit that DFRT allowances and a specified Language allowance can be forfeited to the Commonwealth during periods of detention or imprisonment. The instrument also amends the restoration mechanics if convictions are quashed (1.7.7 substitutions, Schedule 2 items 13-16), by specifying restitution as an amount equal to the DFRT allowances and Language allowance forfeited.
Leave accrual and payment mechanics. The instrument changes how accrued and purchased recreation leave credits are valued and paid: new definitions at 5.4.42 define “accrued leave credit”, “annual allowance”, and “daily rate” as the annual rate divided by 365, and substituted subsection 5.4.44 prescribes formulas for leave payments that include daily rates of salary and annual allowances (Schedule 2 items 28-33). Senior officer transitional payment calculations are also adjusted (5.4.44A).
Parental leave and maternity leave rules. The Determination substitutes provisions for paid maternity leave (5.6.14) and introduces an explicit half‑pay option that extends the period (5.6.15), while maintaining a qualifying service threshold of 12 months (5.6.4 definitions and 5.6.14.2).
Overseas posting and travel rules reorganisation. Schedule 4 extensively restructures and deletes material in Chapters 12-17, including removal of numerous examples, notes and entire Parts, and defines an “ordinary period of posting” as a period of 3 years or the period specified in Annex 16.B (12.3.12). It also clarifies the treatment of return travel after duty periods (12.6.6.2 substitution) and switches some evacuation and storage provisions to other Chapters (for example 14.3.7.1 substitution).
Narrow COVID‑related reimbursement. New section 15.6.17A (Schedule 1, item 85) and a transitional provision (Schedule 5) create a narrowly defined reimbursement right: one COVID‑19 test per school term for a school‑age dependant where the test is a mandatory school requirement. The transitional provision reimburses members who were required to pay for mandatory tests between 1 January 2021 and the commencement date.
Organisation name change and administrative reallocation. Across many sections (Schedule 1, multiple items), references to “Defence Community Organisation” are replaced with “Defence Member and Family Support”, signalling an administrative rebranding or responsibility shift. At the same time, decision‑making designations are adjusted in a few places (for example Director Navy Career Performance Support referenced as the person authorised to make offers in Schedule 1 item 16).
Non-reduction pay grade protections. Schedule 3 inserts specific entries into Annex 3.2.B establishing pay grades for certain Communications and Information System grades and setting explicit non‑reduction protection periods (1 July 2021 to 1 July 2026).
These concepts interact: the definitional changes are the linchpin that alter how leave payouts, forfeiture and various allowances operate. The removal of examples and notes reduces in-text guidance and places greater importance on the refined operative language and administrative decision-making.
Who it affects
The Determination affects multiple groups inside and adjacent to Defence operations. Primary affected persons and entities are:
ADF members generally, across Navy, Army and Air Force. The Determination amends the Conditions of service that apply to members for salary, allowances, leave and overseas posting entitlements (see opening and multiple Schedule items that amend substantive chapters such as Chapters 5, 7, 13-17). Changes to leave payment formulas (5.4.44), allowances during long service leave (5.5.23) and maternity leave (5.6.14-15) affect all members who claim those entitlements.
Members on detention or imprisonment. The substituted sections explicitly address forfeiture of DFRT allowances and Language allowance during detention or imprisonment (substituted 1.7.5 and 1.7.6 in Schedule 2). Members in those circumstances and members whose convictions are quashed are directly affected by the new restitution wording (1.7.7 substitutions).
Members with school‑age dependants posted overseas. The COVID‑19 testing reimbursement (new 15.6.17A) applies to members whose school‑age dependants attend schools that make tests a mandatory requirement. The transitional provision in Schedule 5 applies to members on long‑term overseas posting who paid for mandatory tests from 1 January 2021 to commencement.
Members with leave credits or facing transition. The recalculation of payment for accrued and purchased recreation leave credits (substituted 5.4.44 and related definitions) affects members who terminate service or transfer leave credits to another Commonwealth entity (5.4.45 alterations). Senior officers who transition also have explicit payment formulas adjusted (5.4.44A).
Members in certain communications/information pay grades. Schedule 3 inserts specific non‑reduction entries for Communications and Information Systems pay grades and sets protection windows from 1 July 2021 to 1 July 2026. Members occupying those grades have pay protection in that timeframe (Annex 3.2.B additions).
Dependants and families who receive support. The Determination systematically replaces references to Defence Community Organisation with Defence Member and Family Support across numerous family assistance and education assistance rules (Schedule 1 many items), so service users and service providers will see a change in the named provider of member and family support services.
Defence administrative decision‑makers. The CDF retains or is specified as the decision maker in many eligibility determinations (for instance the eligibility language in substituted sections such as 6.5.64 and 8.4.11). The instrument also identifies other decision authorities in places, for example the Assistant Secretary People Policy and Employment Conditions in one education assistance substitution (Schedule 1 item 86), and Director Navy Career Performance Support in Schedule 1 item 16.
Payroll, HR and defence finance. The payroll and HR systems must implement revised daily rate calculations, incorporate DFRT allowance classification into leave and payment calculations, and process new or altered forfeiture and restitution flows. The substitution in 5.4.42 that makes daily rate equal to annual rate divided by 365 and the detailed leave payment formula at 5.4.44 require system configuration.
External service providers and schools. For the COVID testing reimbursement, schools that set mandatory testing policies will create conditions that enable members to claim reimbursement. The Determination requires that the test be a mandatory requirement of the school (15.6.17A), which creates a dependency on external institutional policy.
The instrument does not itself name private sector providers other than schools in the COVID testing rule, nor does it change statutory rights in external employment; it modifies internal Defence conditions and administrative practices. The breadth of deletions of examples and notes in overseas and deployment chapters also shifts interpretive reliance from in-text examples to administrative practice, potentially increasing CDF and delegate decision-making workload.
Key duties and rights
This Determination imposes administrative duties, establishes eligibility criteria and creates rights to specified payments or forfeitures. The operative duties and rights include:
Duty of decision‑makers to be satisfied before granting entitlements. Multiple substituted sections condition eligibility on the CDF’s satisfaction. For example, the substituted 6.5.64 requires that storage or removal-to-storage assistance be provided only if the CDF is satisfied that a member is not eligible for the benefit for reasons beyond the member’s control, that the benefit would be consistent with the Division’s purposes, and that the benefit would be a proper use of resources. That is an explicit tripartite satisfaction test allocating discretion to the CDF (Schedule 1 item 28).
Right to reimbursement of one mandatory COVID‑19 test per school term for school‑age dependants where the school requires it. New section 15.6.17A (Schedule 1 item 85) sets the member right: member is eligible for reimbursement if the child attends school, the test is a mandatory requirement of the school, and the child has a test. The transitional provision in Schedule 5 extends the right retrospectively to members who paid for such tests from 1 January 2021 to commencement.
Duty to forfeit DFRT allowances and specified Language allowance during detention or imprisonment. The substituted 1.7.5 and 1.7.6 (Schedule 2 items 6 and 10) operate as duties of forfeiture during detention or imprisonment, explicitly applying to DFRT allowances and the Language allowance. The text states that these are forfeited to the Commonwealth for the period of detention/imprisonment.
Right to restitution of forfeited allowances if conviction is quashed or set aside. The substituted 1.7.7 provisions (Schedule 2 items 13-16) entitle a member to an amount equal to the DFRT allowances and Language allowance which were forfeited during the detention period if the conviction is quashed or set aside. This provides a concrete monetary restitution right tied to reversal of conviction.
Duty to calculate daily rate and leave payouts including annual allowances. The substituted 5.4.42 and 5.4.44 (Schedule 2 items 28-29) impose an operative rule on how daily rates and leave payments are calculated: daily rate equals the annual rate divided by 365; payment for each day of accrued or purchased leave includes the daily rate of salary and the daily rate of an annual allowance the member would be eligible to receive on recreation leave, and special additional days for every five days of accrued leave.
Right of members on long service leave to receive salary and DFRT allowances when eligible. The substituted 5.5.21 and 5.5.23 (Schedule 2 items 35 and 37) create or clarify rights to salary during long service leave and to DFRT allowances during long service leave, provided eligibility just prior to leave.
Right/option to take paid maternity leave at half pay over an extended period. The substituted 5.6.15 (Schedule 2 item 43) gives an eligible member an option to be paid at half rate for a specified period, extending the total period of paid maternity leave by the number of weeks taken at half pay.
Duty on members to pay contributions during evacuations. Schedule 4 substitutes subsection 14.6.8.2 to require members to continue to pay rent and utilities contributions during evacuation periods.
Right to certain non-reduction protections for specified pay grades. The Schedule 3 insertions add protected pay grade items with explicit start and end dates (1 July 2021 to 1 July 2026) for particular Communications and Information Systems pay grades, which operate as rights to salary non‑reduction for those covered positions.
Duty on administrative staff to register claims and process reimbursements. Although not set out as a separate duty clause, the pattern of entitlements (e.g. 8.4.11 web‑based tutoring reimbursement in Schedule 1 item 39) creates administrative obligations to provide formulaic calculations and process payments under specified maximum limits and formulae.
Many of these rights remain conditional on whether the member was eligible for the underlying component immediately before the relevant period (for example DFRT allowances during long service leave require eligibility immediately before commencing leave, 5.5.23.1). Decision makers are granted explicit satisfaction tests and subjects for consideration in some areas (for example 8.4.24.3 in Schedule 1 sets factors the CDF must consider when deciding whether a child cannot take a course locally). The Determination therefore distributes duties to decide and duties to pay across CDF, named delegates and finance/payroll functions, with explicit formulas and thresholds for calculation in several sections.
Penalties and enforcement
The Determination primarily effects administrative consequences rather than creating criminal offences. Enforcement and penalty mechanisms are administrative in nature and include forfeiture, recovery and refusal of benefits.
Forfeiture to the Commonwealth. The most direct enforcement mechanism is forfeiture of salary, DFRT allowances and Language allowance during periods of detention or imprisonment. The substituted provisions at 1.7.5 and 1.7.6 (Schedule 2 items 6 and 10) state that these payments are forfeited to the Commonwealth for the period of imprisonment or custody. That is a financial enforcement effect tied to the member’s custodial status.
Recovery where advances are provided. Several clauses referenced by the instrument concern recovery of outlay advances and outlays (for example substituted wording changing “where” to “if” in a number of recovery contexts across Schedules 1 and 2), meaning that where an outlay advance or similar benefit is made, there are standing recovery rules (see Schedule 1 items 81-83 and Schedule 2 item 52 and elsewhere where “Outlay advance , recovery” wording is adjusted). The Determination amends the wording of those recovery rules rather than creating new recovery methods.
Refusal or discretionary withholding of benefits. Many entitlement clauses are expressly made subject to the CDF’s satisfaction or discretionary direction. For instance, substituted 6.5.64 sets out that storage costs or removal-to-storage costs may be provided if the CDF is satisfied that certain conditions are met, implicitly permitting refusal where those tests are not satisfied. Discretionary satisfaction thresholds function as an enforcement or gatekeeping mechanism for benefits.
Restitution upon quashing of conviction. The instrument provides an administrative remedy where a conviction is quashed or set aside: substituted 1.7.7 (Schedule 2) directs that an amount equal to the DFRT allowances and Language allowance forfeited during the period the member was in detention is to be paid. That creates an administrative repayment obligation linked to successful reversal of conviction.
Limits and caps on reimbursements. The Determination creates caps that limit the Commonwealth’s exposure. For example web‑based tutoring reimbursement (substituted 8.4.11) sets explicit maximum limits per subject and subject combinations; other clauses like the revised reimbursement for vehicle loss on sale under overseas allowances caps the reimbursement to AUD 1,400 (Schedule 4 item 165). These caps function as ex ante fiscal controls.
Administrative direction and process. The Determination repeatedly reassociates decision authority (CDF, Assistant Secretary, Director General, Director Navy Career Performance Support) and prescribes administrative steps for offers, eligibility determinations and payments (for example Schedule 1 item 16 concerning who may make a retention bonus offer after Director General Navy People decisions). Enforcement therefore runs through internal administrative channels rather than external criminal processes.
The instrument does not introduce civil penalties, new offences or a new enforcement agency. It does not specify tribunal or appeal routes within the text of the instrument. Disputes over application or eligibility will therefore be handled within existing Defence administrative and review frameworks and by the established legal remedies available to public servants and members, though those adjudicative channels are not spelled out in the Determination itself.
How it interacts with other laws
This Determination is an instrument made under section 58B of the Defence Act 1903 (see item 3). It expressly cross‑references and interacts with other Defence determinations and regulations as follows:
Interaction with DFRT Determinations. The text repeatedly references DFRT determinations: DFRT Determination No. 2 of 2017, Salaries; DFRT Determination No. 11 of 2013, ADF allowances; and DFRT Determination No. 10 of 1992, Language allowance. The Determination reclassifies and changes references to “salary related allowances” to “DFRT allowances” and inserts a definition 1.3.18B that defines DFRT allowance as “any relevant allowances, as defined under section 58F of the Act, that are paid on a fortnightly basis” (Schedule 2 item 3). Consequently, entitlement and forfeiture regimes in the Conditions of service are now functionally dependent on what DFRT determinations classify as relevant allowances.
Defence Regulation references. Several parts of the substituted leave and salary provisions refer back to the Defence Regulation, notably section 13(1)(b) and section 24(1)(a) in contexts describing acting rank directions and termination following show-cause notices. For example the substituted 5.4.36.2 and 5.4.44A.3 make express use of directions under section 13(1)(b) of the Defence Regulation to determine which salary rate applies. Thus the Determination must be read in conjunction with applicable Defence Regulations to understand acting rank and termination consequences.
Interface with Public Governance, Performance and Accountability Act 2013. The new definition of “Commonwealth entity” in 5.4.42 references section 10 of the Public Governance, Performance and Accountability Act 2013, signalling that certain transfers of leave credits or payments to another Commonwealth entity will be interpreted against that Act’s definitions and the general Commonwealth financial management framework (Schedule 2 item 28).
Interaction with Centrelink/Social Security law. The substituted member criteria for student dependants (8.4.24, Schedule 1 item 44) explicitly require a statement from Centrelink that the child is ineligible for Youth Allowance under the Social Security Act 1991 as part of eligibility. That embeds Social Security Act determinations into Defence entitlement eligibility.
Relationship with other Defence Determinations. The Conditions of service operate together with other Defence determinations and policies. For example payment of DFRT allowances during various forms of leave refers to DFRT Determination No. 11 of 2013. The Determination does not rewrite those external determinations but alters the Conditions of service to depend on them.
Administrative law and remedies. The Determination does not specify internal appeal or merit review mechanisms. Standard administrative law principles and external review jurisdictions (such as judicial review) are not referenced in the instrument. Therefore the Determination interacts with existing public law remedies by default rather than by specification.
Statutory consistency. The Determination is framed to operate within the Defence Act 1903 (made under s58B), and it cross‑references statutory and regulatory provisions where necessary (e.g. Defence Regulation sections cited in Schedule 2 substitutions). It therefore must be read and applied in a way consistent with the Defence Act and the broader Commonwealth legal framework.
Overall, the Determination does not operate in isolation. Where it adopts or depends upon other instruments and statutes, those instruments determine eligibility, the amount and character of allowances and salary, and financial management issues. Practitioners must therefore read the amended Conditions of service alongside relevant DFRT determinations, the Defence Regulation and external statutes such as the Social Security Act to determine rights and obligations.
Amendment history
This Amendment Determination is an amending instrument to Defence Determination 2016/19, Conditions of service. The instrument itself identifies five Schedules and enumerates numerous amendments, substitutions, insertions and deletions. Key amendment features are:
Date and commencement. The instrument is dated 8 June 2021, made under s58B Defence Act 1903, and commences on 10 June 2021 (Items 1-3). The immediate effect date is therefore 10 June 2021 except where transitional provisions specify otherwise (Schedule 5).
Scope of amendment across the Determination. Schedule 1 is titled “Miscellaneous amendments” and contains a long list of targeted textual edits across many sections, including systematic replacement of “Defence Community Organisation” with “Defence Member and Family Support” (Schedule 1 multiple items), substitution of conditional words “where” with “if” in many clauses (Schedule 1 many items), and insertion of new sections such as 15.6.17A on mandatory COVID‑19 testing reimbursement (Schedule 1 item 85).
Definition and calculation amendments. Schedule 2 is titled “Salary and DFRT Allowance Definitions Amendments” and inserts key definitional language (1.3.18B DFRT allowance), modifies the treatment of DFRT allowances during detention/imprisonment (1.7.5, 1.7.6), and substantially rewrites leave payment formulas and definitions at sections such as 5.4.42, 5.4.44, 5.5.21 and 5.5.23. This Schedule restructures how allowances are considered in leave and payment calculations.
Non‑reduction paygrade insertions. Schedule 3 adds entries in Annex 3.2.B for Navy communications and information systems pay grades with explicit non‑reduction protection dates from 1 July 2021 to 1 July 2026. These items are small in number but create concrete protected periods for specific pay grades.
Overseas conditions reorganisation and deletions. Schedule 4 contains a broad reworking of Chapters 12-17, including deleting an entire Part (Chapter 12 Part 2), removing many examples and “see notes”, altering definitions such as ordinary period of posting (12.3.12), and redirecting certain benefits to other Chapters (e.g. storage under Chapter 6 Part 5 in 14.3.7.1). Schedule 4 is the most extensive reorganisation and notably deletes many explanatory materials.
Transitional provision for COVID testing. Schedule 5 creates a narrowly framed transitional rule providing reimbursement for mandatory COVID‑19 testing paid between 1 January 2021 and the commencement of the Schedule.
Mechanically, the amendment history in this instrument is itself the current snapshot; the Determination notes that references to other instruments are to be read “as amended from time to time” in inserted substitutions (for instance 1.3.69A substitution in Schedule 2 item 4), which means the instrument anticipates ongoing interaction with subsequently amended DFRT determinations and other instruments. The instrument does not document prior amendments to the 2016/19 Determination; it only states how it alters the current text. To track the full amendment history of the Conditions of service Determination, practitioners must consult the original 2016/19 Determination and the series of earlier amending determinations, and then apply these Schedule changes.
Litigation history
The Amendment Determination itself contains no references to case law, no statutory litigation provisions and no recorded judicial or tribunal decisions are named within the text. The instrument does not purport to record or summarise litigation. It therefore contains no litigation history.
Where litigation or review arises from the application of the amended Conditions of service, those matters will appear in external sources such as decisions of administrative tribunals, Federal Court judgments or internal Defence review processes, none of which are recorded in this instrument. The Determination does not specify internal appeal routes, merits review mechanisms, or statutory rights of internal reconsideration within its text. Given that many of the amendments create or preserve discretionary decision points for the CDF and delegates, disputes over interpretation or application could generate administrative law challenges; however the instrument does not identify or reference any prior litigation.
Practitioners seeking litigation history or precedent relevant to the amended provisions must therefore search external legal databases and Defence administrative decisions for disputes arising from the pre‑amendment Conditions of service and subsequently monitor litigation that tests the new formulations (for example on forfeiture during detention or the inclusion of allowances in daily rate calculations). The Determination should be read as a statutory instrument that may interact with existing administrative law principles and with other statutes; the instrument itself does not supply litigation context.
Gotchas
Several discrete pitfalls and operational risks emerge from the text of the instrument that practitioners and administrators should be alert to:
Definitional pivot to DFRT allowances. The insertion of DFRT allowance (1.3.18B, Schedule 2 item 3) and the substitution of this term across many clauses changes which payments count for calculations and forfeiture. The DFRT concept depends on external DFRT determinations and on the statutory reference in section 58F of the Act. Practitioners must check current DFRT determinations to know which allowances are DFRT allowances and thus subject to the new rules (eg forfeiture during detention).
Forfeiture of allowances during detention/imprisonment. Substituted 1.7.5 and 1.7.6 explicitly forfeit DFRT allowances and Language allowance during detention or imprisonment. That differs from previous formulations that may have used the broader phrase “salary related allowances”. Members and advisers must note that not all allowances may be captured if they are not DFRT allowances or the Language allowance; identify which allowances are covered under DFRT instruments.
Examples and notes removed. The instrument deletes very many examples, see notes and related information across overseas posting and deployment chapters (Schedule 4 and others). Those deletions remove in-text interpretive aids that practitioners previously relied upon. The absence of examples increases reliance on plain wording and administrative guidance, and may raise the risk of inconsistent application across decision makers.
“Where” to “if” substitutions. The Determination replaces “where” with “if” in many provisions (Schedule 1 and others). While often stylistic, conditional words can affect legal interpretation in some contexts. Practitioners should not assume semantic neutrality and should check whether that change alters the intended conditionality or triggers required proofs or thresholds.
Evidence required for COVID‑test reimbursement. New 15.6.17A reimburses one mandatory COVID‑19 test per school term where “a COVID‑19 test is a mandatory requirement of the school”. The Determination does not prescribe the documentary proof required from schools or members to establish that the test was mandatory. That may create administrative friction: decision makers will need to specify the evidence standard and process for claims, including whether school policies or confirmations are sufficient.
Transitional reimbursement window. The Schedule 5 transitional provision reimburses members who paid for mandatory tests from 1 January 2021 until commencement. Members who incurred costs before 1 January 2021 are not covered. The transitional provision applies to members on long‑term posting overseas who were required to pay for COVID testing for their school‑age dependant during that window; practitioners must check whether a member satisfies the long‑term posting criterion in the pre‑amendment text.
Payments and daily rate calculation changes. The new definition of daily rate (5.4.42) as annual rate divided by 365 and the leave payout formula at 5.4.44 change the arithmetic used for leave and termination payments. Payroll must ensure the correct annual amounts are used (noting the instrument’s specific exclusions from annual allowances such as rent allowance and executive vehicle allowance). Failure to implement these formulas precisely may give rise to overpayment or underpayment.
Interaction with DFRT and other determinations. Because the Determination now references DFRT allowances and external DFRT determinations, any change to a DFRT instrument can alter who is affected. Practitioners must track both sets of instruments and their effective dates.
Non‑reduction protections are time‑limited. The inserted non‑reduction pay grade entries in Schedule 3 carry explicit expiry dates (1 July 2026). They are not indefinite protections. Members and workforce planners should not assume permanence.
Reallocation of administrative names. Replacing Defence Community Organisation with Defence Member and Family Support across the Determination requires coordinated updates across administrative forms, websites, and service contracts. Failure to align naming could cause misdirected claims or confusion about responsible service providers.
Discretion allocations. Several substituted and inserted sections give the CDF or named delegates broad satisfaction tests or duties to consider multiple factors (for example 8.4.24 subsections that list factors the CDF must consider). That concentrates discretion and increases the need for coherent guidance and documented decision rationale to limit inconsistent application or legal challenge.
No new appeal procedures spelled out. The Determination does not add specific appeal or review mechanisms; disputes will likely need to be resolved under existing administrative law pathways. Practitioners should map the applicable review routes outside the Determination when advising members.
Addressing these gotchas requires coordination between legal advisers, HR/payroll, and family support administrators to align evidence rules, systems processing and decision‑making guidance.
How to comply
Practical compliance requires changes at both member and administrative levels. The following are concrete steps derived from the instrument text that organisations and members should adopt.
Update policy, forms and organisational names. Replace references to “Defence Community Organisation” with “Defence Member and Family Support” in all internal and external documentation, forms and web pages to reflect the substitution in many sections (Schedule 1 multiple items). Notify staff and external providers that the named administrative agency has been changed in the Conditions of service.
Reconfigure payroll and HR systems for daily rate and leave payout formulas. Implement the daily rate rule in the substituted 5.4.42 that sets daily rate equal to annual rate/365. Update the leave payout calculation per substituted 5.4.44 so that for each day of accrued and purchased leave, the payout includes the daily rate of salary and the daily rate of any annual allowance the member would have been eligible to receive on recreation leave, and apply the “two extra days for every five days” rule. Reconcile how annual allowances are defined and which allowances are excluded (rent allowance, executive vehicle allowance, higher duties paid for less than a year) as enumerated in 5.4.42.
Classify allowances under DFRT rules. Use the new DFRT allowance definition (1.3.18B) and consult current DFRT determinations (DFRT No. 11 of 2013 and DFRT No. 2 of 2017 referenced) to classify which allowances are DFRT allowances for purposes of forfeiture and leave inclusion. That classification determines which payments are forfeited under detention/imprisonment rules and which count in daily rate and leave payout formulas.
Establish proof standards for COVID‑test reimbursement. Draft claim forms and evidence requirements for the new 15.6.17A reimbursement: require documentation that (a) the child is a school student; (b) the school’s policy makes testing mandatory for attendance; and (c) the member paid for a test. Adopt a standard acceptable evidence list (e.g. school confirmation or policy extract) for processing claims. Ensure transitional claims under Schedule 5 for the 1 January 2021-commencement window have a clear cut‑off and proof requirements.
Train decision‑makers on discretionary tests and required considerations. For sections where the CDF’s satisfaction is required and where factors are listed (for example 6.5.64 and 8.4.24), prepare decision templates that document the required factors, evidence relied on, and rationale. That will help produce consistent decisions and preserve recordkeeping for potential reviews.
Revise detention and conviction handling workflows. Update HR protocols for members in detention or imprisonment to enforce forfeiture of DFRT and Language allowances during custody periods (1.7.5-1.7.6), and prepare restitution procedures for when convictions are quashed or set aside (1.7.7 substitutions). Ensure payroll can withhold, record forfeiture and later make restitution as required by the Determination.
Communicate maternity leave options and qualifying service. Inform members of the substituted paid maternity leave provisions (5.6.14) and the half‑pay option (5.6.15). Clarify the qualifying service requirement of 12 months continuous service as defined in 5.6.4 and how it affects eligibility for the first 14 weeks of paid maternity leave. Provide forms to elect half pay and to document qualifying service dates.
Apply pay protection windows in workforce planning. For members in Communications and Information Systems grades listed in Annex 3.2.B additions (Schedule 3), incorporate the non‑reduction protection from 1 July 2021 to 1 July 2026 into remuneration planning and IT pay rules so those employees receive the protected treatment for the specified period, and alert line managers to the expiry date.
Review overseas posting and evacuation procedures. Because Schedule 4 reworks significant overseas posting material and removes many examples, update overseas posting checklists, ordinary posting period calculations (12.3.12 defines the ordinary period as 3 years or the Annex period), storage, evacuation, and return travel processes. Specifically ensure members on evacuation continue paying rent and utilities contributions as required by substituted 14.6.8.2.
Control caps and limits. Implement caps for reimbursements where the instrument sets them: web‑based tutoring reimbursement maximums at 8.4.11 table amounts (Schedule 1 item 39) and overseas vehicle loss reimbursement capped at AUD 1,400 (Schedule 4 item 165). Ensure claims exceeding caps are rejected or reduced in line with the Determination.
Maintain cross‑instrument awareness. Because the amended Conditions of service rely on DFRT determinations, Defence Regulations and external statutes (e.g. Social Security Act for Youth Allowance statements at 8.4.24), maintain a register of relevant instruments and their amendment dates to coordinate eligibility assessments and payments.
Recordkeeping and audit trail. Given the deletions of examples and explanatory notes, document decision rationales, evidence received and the statutory basis for each entitlement. That recordkeeping will be valuable if a decision is reviewed administratively or judicially.
Member communications. Issue a member-facing summary that highlights the practical changes that will materially affect them: the COVID testing reimbursement eligibility, changes to leave payment calculations, forfeiture rules for detention, maternity leave options and the name change for family support services. Provide point-of-contact details for members who need assistance.
Following these compliance steps will align administrative practice with the amended text and reduce implementation risk. Each step should be accompanied by updated policy documents citing the relevant substituted sections (for example 5.4.44, 1.3.18B, 15.6.17A) so that decisions and payroll calculations are clearly traceable to the instrument.
3 Section 1.3.85.7 (Dependants recognised by CDF)
Omit “where”, substitute “if”.
4 Subsection 1.3.89.6 (Partner – de facto)
Omit “where”, substitute “if”.
5 Section 1.3.91 (Primary emergency contact), see note
19 Subsection 5.4.34.2 (Expiration of recreation leave credits (‘leave lapsing’))
Omit “an additional year”, substitute “one additional year at a time”.
20 Subsection 5.4.34.3 (Expiration of recreation leave credits (‘leave lapsing’))
Omit the subsection.
21 Paragraph 5.5.15.2.a (Prior service)
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.
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.
22 Section 5.13.3 (Payment for costs), table
Omit “where’ wherever occurring, substitute “if.
23 Section 5.13.6 (Costs where member is recalled from holiday location), title
Omit “where’, substitute “if a”.
24 Section 5.13.7 (costs where member’s leave is cancelled before it starts), title
Omit “where’, substitute “if a”.
25 Subsection 6.5.19.1 (Compassionate removal to a personal location where benefits are provided)
Omit the subsection, substitute:
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.
26 Subsection 6.5.22.1 (removal of dependants from personal location to current posting location)
Omit “where both”, substitute “when all of”.
27 Paragraph 6.5.53.2.b (Member with dependants (unaccompanied)), exceptions
Omit “Where” wherever occurring, substitute “If”.
28 Section 6.5.64 (Discretion in special circumstances)
Omit the section, substitute:
6.5.64 Discretion in special circumstances
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.
29 Subsection 7.4.23.5 (Living-in accommodation on deployment – six months or longer)
Omit the subsection, substitute:
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.
If subsection 5 applies, the member is treated as a member who chose to leave the living-in accommodation under paragraph 2.b.
30 Paragraph 7.4.A.18.3.b (access to a member’s room), exceptions
Omit “Where”, substitute “If”.
31 Subparagraph 7.8.23.1.b.iii (Home is sublet), exception
Omit “Where”, substitute “If”.
32 Subparagraph 7.8.23.1.b.iii (Home is sublet), see note
Omit the see note.
33 Subsection 7.10.2.2 (Utilities – definition), example
Omit the example.
34 Annex 7.A Part 2 (Higher contribution scheme – contribution for a Service residence where a member with dependants chooses a property above their benefit), Title
Omit “where”, substitute “if”.
35 Section 8.3.5 (Members who may not be a member with dependants (unaccompanied))
Omit the section.
36 Subsection 8.3.6.7 (Member who may be classified as a member with dependants (unaccompanied))
Omit the subsection, substitute:
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.
37 Paragraph 8.4.6.f (Changes to eligibility periods)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
38 Subsection 8.4.7.1 (Assistance in special circumstances)
Omit the subsection, substitute:
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.
39 Section 8.4.11 (Web-based tutoring)
Omit the section, substitute:
8.4.11 Web-based tutoring
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.
A member may not be reimbursed any of the following costs.
a. Computer software costs.
b. Computer hardware costs.
c. Internet access costs.
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<br>Conditions
Column B<br>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.<br>1. The child is in Year 10, 11 or 12.<br>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.
40 Paragraph 8.4.14.7.f (Children with special needs)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
41 Paragraph 8.4.20.2.f (Member this Division applies to)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
42 Subsection 8.4.22.4 (Period of reimbursement), note
Omit “where the member”, substitute “to a member who”.
43 Paragraph 8.4.22.7.e (Period of reimbursement)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
44 Section 8.4.24 (Member this Division applies to)
Omit the section, substitute:
8.4.24 Member this Division applies to
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.
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.
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.
45 Paragraph 8.4.25.4.d (Rate and period of assistance)
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
46 Section 8.5.3 (Eligibility for emergency support)
Omit twice occurring “Defence Community Organisation”, substitute “Defence Member and Family Support”.
47 Subsection 8.5.6.1 (Types of services available), table
Omit “the Defence Community Organisation”, substitute “Defence Member and Family Support”.
48 Subsection 8.5.6.4 (Types of services available), table
Omit “Defence Community Organisation”, substitute “Defence Member and Family Support”.
49 Subsection 8.5.6.4 (Types of services available), table
Omit “DCO”, substitute “Defence Member and Family Support”.