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Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment Determination 2022 (No. 4)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 24 February 2022

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—Commonwealth reference amendments

Defence Determination 2016/19, Conditions of service

Schedule 3—Dependants with special needs amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Class of travel amendments

Defence Determination 2016/19, Conditions of service

Schedule 5—Overseas excess baggage amendments

Defence Determination 2016/19, Conditions of service

Schedule 6—Savings provision

 

 

1  Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 4).

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
• 1. The whole of this Instrument. 3 March 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 Note: this table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

12.7.2    Definitions

• In this Part the following apply.
• Beneficiary means one of the following persons.
• a. A dependant of a member.
• b. The legal personal representative of a member.
• 21 Section 12.7.2 (Person this Part applies to)
• Omit the section, substitute:

12.7.3    Person this Part applies to

• This Part applies to the following.
• a. A member, including a member on Reserve service, who meets one of the following.
• i. They are on a long-term posting overseas.
• ii. They are on short-term duty overseas.
• b. A beneficiary of a member in paragraph a, if the member has died.
• 22 Subsection 14.4.8.3 (Alternative travel modes and routes), example
• Omit the example.
• 23 Section 14A.1.11 (Accommodation limits and contributions)
• Omit the section, substitute:

14A.1.11    Accommodation limits and contributions

• 1. A member is eligible for reimbursement of the lesser of the following if they book accommodation under 14A.1.10.
• a. The weekly cost of the accommodation.
• b. The booking rate.
• 2. A member must make a contribution towards the cost of the accommodation calculated as follows, if Defence books an accommodation under section 14A.1.10.
• Where:
• A is the weekly cost of the accommodation.
• B is the booking rate.
• 3 In this section, the booking rate means one of the following.
• a. If the booking is for a single person or a couple — AUD 995 each week.
• b. If the booking is for a family with up to 2 children — AUD 1,250 each week.
• c. If the booking is for a family with more than 3 children — AUD 1,920 each week.
• 24 Subsection 14A.1.11A.4 (Furniture and household items)
• Omit the section, substitute:
• 4. The maximum reimbursement under subsection 3 is one of the following.
• a. If up to 2 people live in the home and share a room — AUD 995 each week.
• b. If a family with up to 2 children live in the home — AUD 1,250 each week.
• c. If a family with up to 3 children or more live in the home — AUD 1,920 each week.
• 25 Subsection 14A.1.12.1 (Larder establishment program), note
• Omit “positing”, substitute “posting”:
• 26 Subsection 14A.1.12.2 (Larder establishment program)
• Omit the subsection, substitute:
• 2. The rate of the larder establishment payment is one of the following.
• a. If the person is 13 years or older — AUD 297.
• b. If the person is younger than 13 years old — AUD 149.
• 27 Subsection 14A.1.18.2 (Education assistance)
• Omit “$111”, substitute “AUD 111”.
• 28 Annex 15.4.A (Rent group overseas), table item 5
• Omit the item, substitute:

 

 

 

Schedule 2—Commonwealth reference amendments

Defence Determination 2016/19, Conditions of service

 

Schedule 3—Dependants with special needs amendments

Defence Determination 2016/19, Conditions of service

Part 6: Dependants with special needs

Division 1: Posting assistance

8.6.1    Purpose

8.6.2    Member this Division applies to

• This Division applies to a member who meets all the following.
• a. They have a dependant with special needs under section 1.3.84.
• b. They have been granted a removal under Chapter 6 Part 5 Division 1 as a result of a posting.

8.6.3   Limitations on assistance

8.6.4    Payment

• Assistance under section 8.6.6 and 8.6.7 is paid in one of the following ways.
• a. If services were paid for by the member — by reimbursement to the member.
• b. If an invoice was issued by the service provider to the member — by payment to the service provider.

8.6.5    Special needs pre-posting visits

• 1. A member is eligible for travel and accommodation for a pre-posting visit to the new posting location if all the following apply.
• a. The visit is supported by the member's Commanding Officer at the losing location.
• b. The CDF is satisfied all of the following apply.
• i. The dependant with special needs requires direct contact with the relevant departments or institutions in the new posting location.
• ii. The proposed travel is reasonable in the circumstances.
• c. The member applies using the approved form.
• Note: Meals and incidentals are not included under subsection 1.
• 2. The benefit under subsection 1 may be provided for any of the following.
• a. The dependant with special needs who is travelling under subsection 1.
• b. The member or their partner if they travel with the member’s dependant with special needs.
• c. Any other person whom the CDF is satisfied it is necessary to have accompany the dependant with special needs.
• Note: Special needs pre-posting visits are in addition to approved house-hunting trips under Chapter 7 Part 1 Division 4.
• 3. Despite section 9.1.3, travel under this section can be by a means that is not the most economical if the CDF is satisfied it is appropriate after considering the needs of the dependant with special needs.
• 4. Despite section 9.5.16, accommodation under this section can be by a means that is not the most economical if the CDF is satisfied it is appropriate after considering the needs of the dependant with special needs.

8.6.6    Assistance with respite, personal care or therapy services

• 1. Subject to subsection 2, a member is eligible for assistance with care or therapy services for their dependant with special needs if all the following apply.
• a. There is evidence that the assistance applied for was provided in the former posting location, or that the family was on a waiting list in that location.
• b. The dependant is on a government waiting list for the therapy and respite services in the new posting location.
• c. State or Territory assistance is not available or has a waiting period.
• d. The member applies using the approved form.
• 2. Respite care will only be provided if no other forms of care are available.
• 3. In this section, care or therapy services means any of the following.
• a. Respite care.
• b. Personal care.
• c. Therapy services.
• d. Early intervention program that provides assistance to promote the development of preschool aged children with special needs.

8.6.7    Assistance with equipment hire

• 1. Subject to subsection 2, a member is eligible for financial assistance to hire equipment in their posting location if all the following apply.
• a. One of the following applies.
• i. Specialist equipment used at their former posting location provided by a local Government funded service could not be transported to their posting location.
• ii. The dependant was on a waiting list for the equipment at the former posting location.
• b. The dependant is on a waiting list for the equipment in their posting location.
• c. The member has provided the following to Defence Member and Family Support.
• i. Evidence of an approved application for placement on waiting lists for Government funded services at their posting location.
• ii. Evidence that the type of equipment applied for was provided at their former posting location or that the family was on a waiting list in that location.
• iii. Evidence that equipment is not transportable or was provided by local Government funded services at the former posting location.
• d. The member applies using the approved form.
• 2. The amount of assistance in subsection 1 cannot exceed the cost of hiring the specialist equipment that the member had in the former posting location.

8.6.8    Special housing needs

• 1. A member is eligible for the following at their posting location.
• a. Subject to subsection 2, any of the following housing modifications.
• i. Modifications that are similar to those at the member's residence in the former posting location.
• ii. If they are not split-system air conditioners — installation or removal of window mounted air conditioners and heaters that are portable and have been purchased by the member.
• iii. If carpet is a trigger for a severe allergic reaction, as confirmed by specialist medical advice based on appropriate allergy testing — removal of carpets.
• iv. Modifications that improve accessibility for the dependant.
• b. A Service residence in a higher rent band if the CDF is satisfied it is reasonable after considering the special needs of the member’s dependant.
• c. Housing located close to the dependant's school.
• 2. The CDF must be satisfied that house modifications under paragraph 1.a are appropriate and will not significantly alter the structure of the house.

8.6.9    Unpacking assistance during removal

• 1. Subject to subsection 2, a member is eligible for unpacking assistance at their new posting location if all the following apply.
• a. The member requires assistance with unpacking for either of the following reasons.
• i. The member is absent due to Service reasons.
• ii. The member has a medical condition that limits their ability to unpack.
• b. The CDF is satisfied of one the following after considering any medical evidence provided.
• i. If the member’s dependant with special needs is an adult — the dependant has a severe medical issue that will limit their ability to assist with unpacking.
• ii. If the member’s dependant with special needs is not an adult — the dependant has a severe medical issue that will limit the member or their partner’s ability to assist with unpacking.
• 2. In this section unpacking assistance means assistance that meets all the following.
• a. It is limited to 2 Commonwealth removalists assisting for 4 hours in duration.
• b. It is provided at the time the home contents are delivered.

 

Division 2: Assistance when there is no removal to a new posting location

8.6.10    Purpose

8.6.11    Member this Division applies to

• This Division applies to a member who meets all the following.
• a. They have a dependant with special needs under section 1.3.84.
• b. They are not eligible for assistance under Division 1.

8.6.12    Additional assistance

• 1. Subject to subsection 2, a member is eligible to the following if the CDF is satisfied it is reasonable.
• a. A Service residence in a higher rent band than their rank group is eligible for under subsection 7.6.13.1 if the CDF is satisfied it is appropriate after considering the special needs of the member’s dependant.
• b. Unpacking assistance under section 8.6.10.
• 2. The member must apply in writing for assistance using any approved forms.

Schedule 4—Class of travel amendments

Defence Determination 2016/19, Conditions of service

13.2.5    Class of air travel for member travelling when pregnant

• A member is eligible for business class travel if all of the following apply.
• a. A doctor has certified them as pregnant at the time of travel.
• b. The travel time in an aircraft is longer than 5 hours.

13.2.5A    Class of air travel for members travelling in groups

• 1. A member is eligible for travel in economy class if they are travelling as a part of a group of members for one of the following reasons.
• a. To participate in an exercise.
• b. To undertake training.
• c. To perform ceremonial duties.
• d. To undertake an overseas study tour.
• 2. Despite subsection 1, a member is eligible to travel at a higher class if one of the following applies.
• a. The member is on an overseas study tour and the CDF is satisfied that travel at a higher class is reasonable having regard to the following.
• i. The costs and benefits of travel at the higher class.
• ii. The member’s rank.
• iii. The nature of the study tour.
• b. The member holds the rank of Brigadier or higher and the CDF is satisfied that travel at a higher class is reasonable.
• Note: To avoid doubt, if a member is approved travel at a higher class under paragraph 2.b the class of travel for the remaining members of the group does not change.

13.2.5B    Class of air travel for members travelling on a peacetime operation, exercise or activity

• 1. A member is eligible for travel in economy class if the member is travelling for the purpose of a Headquarters Joint Operations Command-led overseas peacetime operation, exercise or activity.
• 2. Despite subsection 1, a member is eligible to travel at a higher class if the CDF is satisfied that it is reasonable having regard to the following.
• a. The reason for the travel.
• b. The costs and benefits of the travel at the higher class.
• c. The nature of the duty overseas.

 

Schedule 5—Overseas excess baggage amendments

Defence Determination 2016/19, Conditions of service

• 1 Subsection 14.4.10.1 (Baggage benefits)
• Omit “travel to”, substitute “travel to or from”.
• 2 Subsection 14.4.11.2 (Excess baggage)
• After the subsection, insert:
• 2A. Despite subsection 2, subsection 2B applies if the travel meets all of the following.
• a. Any of the following apply.
• i. The travel is to a posting location overseas in the Pacific Islands.
• ii. The travel is from a posting location overseas to Australia.
• iii. The travel is from a posting location overseas to another posting location overseas.
• b. The travel occurs between 1 December 2021 and 30 June 2022.
• 2B. If subsection 2A applies, payment for excess baggage is limited by all of the following.
• a. If the carrier charges for the combined weight of baggage, payment may only be made for the cost of up to 60 kg of total baggage weight.
• b. If the carrier charges per suitcase, payment may only be made for the cost of up to 4 suitcases in total.
• c. Costs are limited to those that would apply to travel by the most direct route.
• 3 Subsection 14.4.12.3 (Unaccompanied baggage or air freight)
• Omit the subsection.

 

Schedule 6—Savings provision

• 1 Class of travel
• 1. This section applies to a member who meets all of the following on the date of commencement of this Determination.
• a. The member is on a Headquarters Joint Operations Command-led overseas peacetime operation, exercise or activity.
• b. The member has been issued a ticket for a business class flight for return to Australia at the end of the peacetime operation, exercise or activity.
• 2. Despite the change made by Schedule 7 section 2 of this Determination, the member remains eligible to the business class flight for return to Australia.