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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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)
Section 1 - Defence Determination, Conditions of service Amendment Determination 2021 (No. 7) - Defence Determination, Conditions of service Amendment Determination 2021 (No. 7) | Zoe
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.