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Commonwealth Coat of Arms of Australia
Defence Determination, Conditions of service Amendment Determination 2022 (No. 16)
I, JAKE THOMAS GUMLEY, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 5 December 2022
Jake T Gumley
Acting Assistant Secretary People Policy and Employment Conditions Defence People Group
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Removal of amenities based classification amendments
Defence Determination 2016/19, Conditions of service
Schedule 2—ADF family health program amendments
Defence Determination 2016/19, Conditions of service
Schedule 3—Deployment allowance amendments
Defence Determination 2016/19, Conditions of service
Schedule 4—Higher duties allowance amendments
Defence Determination 2016/19, Conditions of service
Schedule 5—Transitional provisions
1 Name
This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 16).
2 Commencement
1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
- Commencement information
- Column 1 Column 2 Column 3
- Provisions Commencement Date/Details
-
- Sections 1 to 4 and anything in this Determination not elsewhere covered by this table Day after registration.
-
- Schedules 1 to 3 8 December 2022
-
- Schedule 4 2 February 2023
-
- Schedule 5 8 December 2022
Note: this table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under section 58B of the Defence Act 1903.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Removal of amenities based classification amendments
Defence Determination 2016/19, Conditions of service
- 1 Paragraph 7.6.4.1.b
- Repeal the paragraph, substitute:
- b. It meets all of the following.
- i. It is at the member's posting location.
- ii. It has the classification listed for the member's rank group in the table at section 7.6.13. or it is a rent band choice home that the member has accepted under Division 5.
- iii. It has the number of bedrooms a member and their dependants need to live in.
- 2 Paragraph 7.6.4.3 (example)
- Omit the example.
- 3 Paragraph 7.6.4.3.b (see note)
- Omit the see note.
- 4 Section 7.6.5
- Repeal the section.
- 5 Section 7.6.9
- Repeal the section.
- 6 Subsection 7.6.13.1 (at the end of the table)
- Add:
| 5. | Major General or above | 5 |
|---|
- 7 Subsection 7.6.13.3
- Repeal the subsection, substitute:
-
- Despite subsection 1, if a Service residence is not available in the rent band listed for the member's rank group, the member may be allocated a Service residence in a rent band that is one rent band above or below the rent band listed for the member's rank group in the table in subsection 1.
- Note: An offer made in accordance with this subsection is usually a reasonable offer for the purposes of section 7.6.33, Acceptance or rejection of reasonable offer.
- 8 Division 4 to Part 6 of Chapter 7
- Repeal the Division.
- 9 Subsection 7.6.28.2
- Repeal the subsection, substitute:
-
- The Service residence provided under subsection 1 is a three-bedroom Service residence unless one of these situations applies to them.
- a. They require a larger Service residence to house their dependants and adult children, if any.
- b. They accept the offer of rent band choice accommodation.
- 10 Subsection 7.6.31
- Repeal the section.
- 11 Subsection 7.6.33.1
- Repeal the subsection, substitute:
-
- An offer of a Service residence by Defence Housing Australia is reasonable if the home meets one of the following.
- a. It is a suitable Service residence under section 7.6.4.
- b. It is at the rent band listed for the member's rank group in section 7.6.13.
- Note: This includes on-base Service residences which are taken to hold a market-rent-based classification.
- c. If no Service residence is available in the rent band for the member’s rank group under section 7.6.13, it is a Service residence in the rent band above or below the member’s rent band.
- d. It is rent band choice accommodation which the member accepts.
- 12 Subsection 7.6.33.2
- Repeal the subsection.
- 13 Subsection 7.6.33.3
- Omit “or amenity group”.
- 14 Subsection 7.6.34.3
- Repeal the subsection.
- 15 Subsection 7.6.41.2
- Repeal the subsection, substitute:
-
- The fortnightly rate of the contribution for a member whose circumstance is set out in column A of the following table whose living arrangement is set out in column B is the amount set out in column C of the same item.
- Item Column AMember’s circumstance Column BLiving arrangement Column CFortnightly contribution
-
- They are a member with dependants or a member without dependants who has an adult child. They are living in a Service residence. The rate set out in Annex 7.A, Part 1 column C for their rank group and the rent band the Service residence is classified in.
- They are living in a Service residence or rent band choice home above the rent band for their rank, by choice, not allocation. The rate set out in Annex 7.A, Part 2 for their rank group and the rent band of the home.
-
- They are a member without dependants who is approved to occupy a surplus Service residence and has no adult children. They are living in a Service residence, but not sharing. The rate set out in Annex 7.A, Part 3, Column 4 for the rent band the Service residence is classified in.
- They are sharing with one other person. The rate set out in Annex 7.A, Part 4 Column 3, for their rank group and living arrangement.
- They are sharing with two or more people. The rate set out in Annex 7.A, Part 4 Column 4, for their rank group and living arrangement.
-
- They are a member without dependants in an appointment, tied or assigned residence who has no adult children. They are not sharing. The rate set out in Annex 7.A Part 3 Column 3 for the rent band the Service residence is classified in.
- They are sharing with one other member. The rate set out in Annex 7.A Part 4 Column 3 for their rank group.
- They are sharing with two or more members. The rate set out in Annex 7.A Part 4 Column 4 for their rank group.
-
- They are living at Woomera and are not a member with dependants (unaccompanied). They are in any living arrangement. $200 each fortnight.
-
- They are a member with dependants (unaccompanied). Their dependants are living in a Service residence or a rent band choice home. The rate that would apply under Item 1 of this table for the Service residence or a rent band choice home occupied by the member's dependants.
-
- They are a member with dependants (unaccompanied) on a flexible service determination. They are living in the gaining location and their dependants are living in a Service residence or a rent band choice home. The rate that would apply under Item 1 of this table for the Service residence or a rent band choice home occupied by the member's dependants as adjusted by section 7.6.55B. Note: Section 7.6.55B provides formula for calculating the contribution for a Member with dependants (unaccompanied) on a flexible service determination.
- 2A. Despite subsection 2, the following apply.
- a. The contribution for a member who chooses to occupy a Service residence or rent band choice home above the classification for their rank group is set out in Part 2 of Annex 7.A.
- b. If the member has chosen a home at a lower rank group's rent band — section 7.6.44 applies.
- c. If the member allocated a Service residence above their rank group — section 7.6.45 applies.
- 16 Section 7.6.44
- Repeal the section, substitute:
7.6.44 Contribution for a home chosen at a lower rank group's rent band
| 1. | This section applies to a member who chooses a Service residence or rent band choice home with a lower rent band than the member is eligible for at their rank group. |
|---|
| 2. | The member must pay the contribution for the lower rank group listed against the rent band of the home under section 7.6.41 and Annex 7.A. |
| 17 | Subsection 7.6.45.1 |
| Omit “amenity group or”. |
| 18 | Subsection 7.6.45.1 (see note) |
| Omit the see note. |
| 19 | Subsection 7.6.45.2 |
| Repeal the subsection, substitute: |
| 2. | The member must pay the contribution that applies under section 7.6.41 and Annex 7.A. |
| 20 | Section 7.6.46 |
| Repeal the section, substitute: |
7.6.46 Member allocated a Service residence below their rank group
| 1. | This section applies to a member who is allocated a Service residence with a lower rent band than the member is eligible for at their rank group under 7.6.13. |
|---|
| 2. | The member must pay the contribution for the lower rank group listed against the rent band of the home in Annex 7.A. |
| 21 | Section 7.6.47 |
| Repeal the section. |
| 22 | Section 7.6.48 |
| Omit wherever occurring “or 7.6.16.1”. |
| 23 | Subsection 7.6.48.4 (see note) |
| Repeal the see note. |
| 24 | Section 7.6.53 |
| Repeal the section, substitute: |
7.6.53 Service residence reclassified
- A change in the rent band of a Service residence under Division 3 or 5 does not apply until the end of any current occupancy agreement.
- Notes:
- This means that a change will not affect a member during the life of their tenancy.
- Subsection 7.6.41.3 allows CDF to reduce a contribution in some circumstances, without changing the classification of a Service residence.
- 25 Subsection 7.6.59.6
- Repeal the subsection, substitute:
-
- The contribution for a member who is approved to live in a service residence without any dependants or adult children under this section is one of the following.
- a. If the member is approved under subsection 2 or 3 — their normal contribution for the Service residence.
- b. If the member is approved under subsection 4 — the contribution for the member's rank group and the rent band of the Service residence.
- b. If the member is approved under subsection 5 — the Defence Housing Australia rent.
- 26 Part 1 of Annex 7.A
- Repeal the Part, substitute:
Part 1: Contribution for a Service residence – member with dependants
| The contribution for a member holding a rank in column A of the following table who is occupying a Service residence with a classification in column B is the amount in column C of the same item. |
|---|
- Item Column ARank Column BService residence classification Column C Contribution ($)
-
- Lieutenant, Second Lieutenant, Staff Cadet or Officer Cadet, Staff Sergeant, Sergeant, or Corporal or lower Rent Band 1 or 2 534.10
-
- Captain, Regimental Sergeant Major of the Army, Warrant Officer Class 1 or Warrant Officer Class 2 Rent Band 1 534.10
- Rent Band 2 or 3 663.85
-
- Lieutenant Colonel or Major Rent Band 2 663.85
- Rent Band 3 or 4 766.43
-
- Brigadier or Colonel Rent Band 3 766.43
- Rent Band 4 or 5 1,107.38
-
- Major General or higher Rent Band 4 1,107.38
- Rent Band 5 1,733.09
| 27 | Part 2 of Annex 7.A |
|---|
| Repeal the Part, substitute: |
Part 2: Higher contribution scheme – contribution for a Service residence where a member with dependants chooses a property above their benefit
| The fortnightly contribution for a member with dependants holding a rank in column A of the following table is the amount for their rent band in columns B to E of the same item. |
|---|
| Item | Column A<br>Rank | Column B<br>Contribution rent band 1<br>($) | Column C<br>Contribution<br>rent band 2<br>($) | Column D<br>Contribution rent band 3<br>($) | Column E<br>Contribution rent band 4<br>($) |
|---|
| 1. | Lieutenant, Second Lieutenant, Staff Cadet or Officer Cadet, Staff Sergeant, Sergeant, or Corporal or lower | - | 793.60 | 998.77 | 1,680.66 |
| 2. | Captain, Regimental Sergeant Major of the Army, Warrant Officer Class 1 or Warrant Officer Class 2 | - | - | 869.02 | 1,550.91 |
| 3. | Lieutenant Colonel or Major | - | - | - | 1,448.32 |
| 28 | Part 3 of Annex 7.A |
|---|
| Repeal the Part, substitute: |
Part 3: Contribution for member without dependants not sharing
| The fortnightly contribution for a member occupying a rent band classified Service residence with a rent band level in column A of the following table is the amount in column B of the same item. |
|---|
| Item | Column A<br>Rent band | Column B<br>Contribution<br>($) |
|---|
| 1. | 5 | 1,733.09 |
| 2. | 4 | 1,107.38 |
| 3. | 3 | 766.43 |
| 4. | 2 | 663.85 |
| 5. | 1 | 534.10 |
Schedule 2—ADF family health program amendments
Defence Determination 2016/19, Conditions of service
| 1 | At the end of section 8.9.6 |
|---|
| Add: |
8.9.6A Reimbursement benefit
-
- A claimant is eligible to be reimbursed up to $400 in a financial year for each of their eligible dependants for services or products provided under any of the following.
- a. Section 8.9.7, Reimbursable items – Specialists, allied health services and related products.
- b. Section 8.9.7A, Reimbursable items – Nicotine dependency reduction.
- b. Section 8.9.7B, Reimbursable items – Ambulance cover.
-
- A benefit under this section may be transferred to another eligible dependant of the member.
-
- Costs incurred for admissions, stays and accommodation in hospitals or institutional settings are not reimbursable.
- 2 Section 8.9.7
- Repeal the section, substitute:
8.9.7 Reimbursable items – Specialists, allied health services and related products
-
- For the purpose of section 8.9.6A, out of pocket expenses relating to the following services or products provided to an eligible dependant are reimbursable.
- a. Consultation with a specialist if the service provided has a Medicare benefit item number.
- b. Medically prescribed appliances.
- c. Remedial massage services by a provider registered with the Australian Regional Health Group.
- d. An allied health service.
- e. From 15 December 2022, vaccinations provided by a chemist or other non-general practice provider.
- f. From 15 December 2022, any prescriptions that are under the Pharmaceutical Benefits Scheme.
-
- Despite subsection 1, a reimbursement cannot be made for a service or product if any of the following apply.
- a. The service or product attracts GST.
- b. The service is cosmetic.
- 3 At the end of section 8.9.7
- Add:
8.9.7A Reimbursable items – Nicotine dependency reduction
- For the purpose of section 8.9.6A, from 15 December 2022, out of pocket expenses relating to the following services or products provided to an eligible dependant are reimbursable.
- a. Nicotine replacement therapy.
- b. Any of the following community based programs to reduce tobacco use and nicotine addiction.
- i. Smokenders.
- ii. Allan Carr’s Easyway.
8.9.7B Reimbursable items – Ambulance cover
| For the purpose of section 8.9.6A, from 15 December 2022, the cost of ambulance cover that is not a part of a private health insurance hospital or extras policy for an eligible dependant is reimbursable. |
|---|
| Note: Any expenses for an ambulance service that are not provided under the ambulance cover are not reimbursable under this Part. |
| 4 | Section 8.9.8 |
| Omit “section 8.9.6 or section 8.9.7”, substitute, “this Part”. |
Schedule 3—Deployment allowance amendments
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 17.7.6.1 (table) |
|---|
| Omit item 3A, substitute: |
| 3A. | LILIA | The land, territorial waters and superjacent airspace of the Solomon Islands | 96.51 |
|---|
| 2 | Subsection 17.7.6.1 (table) |
|---|
| Omit item 9, substitute: |
-
- PALADIN Egypt, Israel, Jordan 97.17
- Lebanon 151.55
- Syria 178.36
Schedule 4—Higher duties allowance amendments
Defence Determination 2016/19, Conditions of service
| 1 | Section 4.1.4 |
|---|
| Repeal the section, substitute: |
4.1.4 Member not eligible for higher duties allowance
- A member who is any of the following is not eligible for higher duties allowance.
- a. A trainee or member undergoing training.
- b. A member who is an Aviation Specialist and paid salary under the Officer Aviation Specialist Structure.
- c. A statutory office holder.
- d. A member holding the rank in an item of Column A of the following table, who has been directed to perform the duties at the rank or salary proficiency point described in column B of the same item.
| Item | Column A<br>Member's rank | Column B<br>Rank or salary proficiency point of the higher duties |
|---|
| 1. | Seaman | Able Seaman |
| 2. | Private | Private Proficient |
| 3. | Aircraftman | Leading Aircraftman |
| 4. | Acting Sub Lieutenant | Sub Lieutenant |
| 5. | Sub Lieutenant | Lieutenant |
| 6. | Second Lieutenant | Lieutenant |
| 7. | Pilot Officer | Flying Officer |
| 2 | Section 4.1.6 |
|---|
| Repeal the section, substitute: |
4.1.6 Rate of higher duties allowance
| A member in a circumstance in column A of the following table is eligible to be paid higher duties allowance at the rate set out in column B of the same item. |
|---|
| Item | Column A<br>Member circumstance | Column B<br>Rate of higher duties allowance |
|---|
| 1. | The higher duties that the member is performing attracts a salary from within the schedule that currently applies to the member.<br> <br>Note: For a member on a period of salary non-reduction under Chapter 3 Part 2 Division 5, table item 4 applies. | The difference between the following rates for the period of higher duties.<br>The salary payable to the member.The lowest rate of salary payable to a member holding one rank higher than the member in the same pay grade. |
| 2. | The member is paid salary under the Officer Aviation Pay Structure. | The difference between the following rates for the period of higher duties.<br>a. The salary payable to the member.<br>b. The lowest rate of salary for the member’s competency level within the Command or Staff pathway that would apply if the member were to be promoted to one rank above their current rank. |
| 3. | The member is paid salary under a specialist career structure.<br> <br>Note: This does not include an aviation specialist. | The difference between the following rates for the period of higher duties.<br>a. The salary payable to the member.<br>b. The lowest salary rate for the member’s competency level at the next rank. |
| 4. | One of the following apply.<br>The higher duties that the member is performing attracts a salary from outside the schedule that currently applies to the member.Salary non-reduction arrangements under Chapter 3 Part 2 Division 5 applies to the member. | 5% of the salary payable to the member. |
Schedule 5—Transitional provisions
1. Definitions
| 1. | In this schedule, Defence Determination means the Defence Determination 2016/19, Conditions of service. |
|---|
2. Deployment allowance rates – Operation PALADIN
-
- This clause applies to a member who meets all of the following.
- a. Between 10 November 2022 and the commencement of this Determination, the member was eligible for deployment allowance under section 17.7.5 of the Defence Determination, as in force immediately before the commencement of this Determination.
- b. The member was force assigned to Operation PALADIN in Lebanon or Syria.
-
- All of the following apply.
- a. The member is eligible for deployment allowance between 10 November 2022 and the commencement of this Determination for each day they were in Lebanon or Syria on Operation PALADIN.
- b. The daily rate of the allowance is the rate under item 9 of the table in subsection 17.7.6.1 of the Defence Determination as amended by this Determination.
-
- The rate under paragraph 2.b. is reduced by any amount the member was eligible to be paid under subsection 17.7.6.1 of the Defence Determination, as in force immediately before the commencement of this Determination, between 10 November 2022 and the commencement of this Determination.