Section 1 - Defence Determination, Conditions of service Amendment Determination 2024 (No. 1) - Defence Determination, Conditions of service Amendment Determination 2024 (No. 1)

1Defence Determination, Conditions of service Amendment Determination 2024 (No. 1)

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Commonwealth Coat of Arms of Australia

Defence Determination, Conditions of service Amendment Determination 2024 (No. 1)

I, COLONEL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 24 January 2024

COL Kirk Lloyd

Acting Assistant Secretary People Policy and Employment Conditions Defence People Group

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Domestic amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Overseas amendments

Defence Determination 2016/19, Conditions of service

Schedule 3—Transitional provisions

1 Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2024 (No. 1).

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. 1 February 2024

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Defence Determination 2016/19, Conditions of service

1	Section 1.3.1
	Add:
	Hardship location has the same meaning given by section 12.3.1.
2	Paragraph 1.3.10.d
	Omit “resident”, substitute “residence”.
3	Subsection 1.3.35.2
	Omit “subparagraph 1.3.35.1.a.ii”, substitute “this section”.
4	After Annex 3.2.B Part 1 item 13
	Add:

Item	Column A<br>Member Circumstance	Column B<br>Contribution
1.	They do not vacate the accommodation when their licence to live in ends.	The rate that applies to the member under section 7.4.24 until they vacate the accommodation.
2.	They vacate the accommodation, but it was not left in its former state, excluding fair wear and tear.	Both of the following.<br>a. Costs of repairing non-fair wear and tear.<br>b. Any additional cleaning costs (excluding for fair wear and tear) required to return the room to its former state.
3.	They vacate the accommodation, but do not remove rubbish, items or possessions.	Costs of removing and cleaning required to return the accommodation to its former state, excluding for fair wear and tear.
4.	They do not return the key, even if the accommodation can be reallocated.	Costs of securing the accommodation and controlling access.
5.	The accommodation is not reallocated because they did not return the key.	Both of the following.<br>a. The rate applicable to the member under section 7.4.24 until the earlier of the following.<br>i. The date the member returns the key.<br>ii. The date the accommodation is secured and is available to be reallocated.<br>b. If the member does not return the key, the cost of replacing it.

3.	If the member does not pay the contribution under subsection 2, the costs may be recovered from the salary and allowances payable to the member.
32	Annex 7.4.B (table column A)
	Repeal the column, substitute:

1Defence Determination, Conditions of service Amendment Determination 2024 (No. 1)

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7.3.11 Member this Division does not apply to

7.3.30 Reimbursement for sale on ceasing continuous full-time service or on a transition location agreement

7.4.24 Contribution for living-in accommodation

7.4.30 Vacating living-in accommodation

7.6.40 Service residence contribution

9.2.17 Reimbursement of personal expenditure on travel

15.4.11 Housing becomes unavailable or unfit

1 Definitions

2 Airborne Electronics Analyst salary non-reduction

3 Continuation bonus

4 Home sale – transition location (general) and transition location (medical) agreements

5 Approved club

1.	This clause applies to a member who was posted to Türkiye between 19 September 2023 and the commencement of this Determination.
2.	The member is eligible for the cost of the club membership they would have been eligible for under sections 15.8.4 and 15.8.5 of the Defence Determination as though the changes made by item 13 of Schedule 2 of this Determination had been in force between 19 September 2023 and the commencement of this Determination.
3.	The benefit under subclause 2 is reduced by the amount the member received for the cost of a club membership under section 15.8.4 or 15.8.5 of the Defence Determination between 19 September 2023 and the commencement of item 13 of Schedule 2 of this Determination which has not been repaid.

Column A<br>Member's rank or pay grade
They are the rank of Major or higher
They are at the rank of Captain, Lieutenant, Second Lieutenant, Staff Cadet or Officer Cadet, other than a member paid salary under Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries
They are at the rank of Regimental Sergeant Major of the Army, Warrant Officer Class 1, Warrant Officer Class 2, Staff Sergeant or Sergeant
They are at the rank of Corporal or lower
They are paid salary under Schedule B.13 of DFRT Determination No. 2 of 2017, Salaries other than a normal entry recruit during basic recruit training
They are paid as a normal entry recruit during basic recruit training