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Section 1 - Defence Determination, Conditions of service Amendment Determination 2024 (No. 10) - Defence Determination, Conditions of service Amendment Determination 2024 (No. 10) | Zoe

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Defence Determination, Conditions of service Amendment Determination 2024 (No. 10)

1Defence Determination, Conditions of service Amendment Determination 2024 (No. 10)

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Commonwealth Coat of Arms of Australia

Defence Determination, Conditions of service Amendment Determination 2024 (No. 10)

I, BRIGADIER KIRK LLOYD, Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 6 September 2024

BRIG Kirk Lloyd

Director General People Policy and Employment Conditions Defence People Group

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Purchased recreation leave amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Recreation leave amendments

Defence Determination 2016/19, Conditions of service

Schedule 3—Home sale or purchase amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Location allowances amendments

Defence Determination 2016/19, Conditions of service

Schedule 5—Removal of exceptions amendments

Defence Determination 2016/19, Conditions of service

Schedule 6—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 7—Transitional provisions

1 Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2024 (No. 10).

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. Sections 1 to 4 The day the instrument is registered.
1. Schedule 1 to 3 12 September 2024
1. Schedule 4 7 November 2024
1. Schedule 5 to 6 12 September 2024

	If recreation leave credits have been purchased under the credit in advance method, the member’s recreation leave credit balance is increased by the number of days the member purchased on the day the first payment is deducted from the member’s fortnightly salary.<br>Note: The calculation for the amount of each payment is provided in Subdivision 5.

1 After subparagraph 5.4.31.a.i
Insert:
ia. A full day of recreation leave at half pay.Note: Recreation leave at half pay cannot be taken in half days, part days or for less than 7 consecutive days.
2 Subparagraph 5.4.31.b.i
After “pattern of service”, insert “at full pay”.
3 After subparagraph 5.4.31.b.i
Insert:
ia. The period of duty specified in the member’s flexible service determination for the day in the member’s pattern of service at half pay.Note: Recreation leave at half pay cannot be taken in part days.
4 Subparagraph 5.4.31.b.ii
Omit “days of”, insert “day in”.
5 At the end of section 5.4.31
Add:
Note: Section 5.4.38 may affect a member’s ability to take leave if they are seconded or attached for duty outside of the ADF.
6 After paragraph 5.4.32.1.b
Insert:
c. If the member is taking the leave at half pay, all of the following.
i. The leave is for a minimum of 7 consecutive days.
ii. The member does not have excess leave credits as defined under subsection 5.4.33A.3.
7 After paragraph 5.4.33A.1A.a
Insert:
aa. If a full day of leave is taken at half pay — by 4 hours.
8 After paragraph 5.4.33A.1B.a
Insert:
aa. If a full day of leave is taken at half pay — by half the number of hours in the member’s pattern of service on that day.
9 Subsection 5.4.33A.2
Repeal the subsection, substitute:
1. A grant of recreation leave reduces a member's combined recreation and war service leave credit balances in the following order.
a. War service leave credits.
b. Recreation leave credits donated under Division 9.
c. Purchased recreation leave credits.
d. Recreation leave credits, including additional recreation leave, and basic recreation leave.
10 Subsection 5.4.34.2
Omit “CDF may defer the expiration of the member’s leave credit by one additional year at a time. The CDF must be”, substitute “expiration of the member’s leave credit is deferred by one additional year at a time if the CDF is”.
11 Subsection 5.4.35.1
Omit “to be”.
12 Paragraph 5.4.35.1.a
Omit “The member was”, substitute “They were”.
13 Paragraph 5.4.35.1.c
Omit “The member is”, substitute “They were”.
14 Subsection 5.4.35.2
Omit “happens”, substitute “occurs”.
15 After subsection 5.4.36.1
Insert:
1A. If the member takes recreation leave at half pay, the following apply.
a. If they are not on a flexible service determination, the salary payable is reduced by half for all of the following.
i. A day that the member takes recreation leave at half pay.
ii. A day that is on a weekend that occurs during the period of leave.
iii. A public holiday that occurs during the period of leave.
b. If they are on a flexible service determination, the salary payable is reduced by half for a day in the member’s pattern of service.
i. A day in the member’s pattern of service that they take recreation leave at half pay.
ii. A day that is on a weekend that occurs during the period of leave.
iii. A public holiday that occurs during the period of leave.
Note: Salary is not payable for any day that is part of a member’s non‑working period.
16 After subsection 5.4.37.1
Insert:
1A. If the member takes recreation leave at half pay, the following apply.
a. If they are not on a flexible service determination, the allowances payable are reduced by half for all of the following.
i. A day that the member takes recreation leave at half pay.
ii. A day that is on a weekend that occurs during the period of leave.
iii. A public holiday that occurs during the period of leave.
b. If they are on a flexible service determination, the allowances payable are reduced by half for a day in the member’s pattern of service.
17 Subsection 5.4.37.2
Omit “may be eligible for the allowance if they meet any of these criteria for the period between their previous benefit and the start date”, substitute “are eligible for the allowance if they meet any of the following between their previous benefit and the first day of their recreation leave”.
18 Subsection 5.4.38.1
Omit “a period of duty with any of these bodies”, substitute “duty with any of the following”.
19 Paragraph 5.4.38.1.e
Repeal the paragraph, substitute:
e. Any other body established or constituted under a law of the Commonwealth or a State or Territory, but does not include a law of an external Territory.
20 Subsection 5.4.44A.2
Repeal the subsection, substitute:
1. The senior officer is to be paid an amount calculated using the following formula.
Start formula A times open bracket B plus C close bracket plus D times open bracket E plus F close bracket minus open bracket A times G close Bracket end formula.
Where:
a is 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 sum of accrued leave credits and purchased recreation leave credits (in days) held by the senior officer at the end of their appointment.
c is an additional 2 days of recreation leave credits for every 5 days of recreation leave credits held by the senior officer at the end of their appointment.
d is 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.
e is the amount of recreation leave credits (in days) accrued during the senior officer's transition period.
f is an additional 2 days of recreation leave credits for every 5 days of recreation leave credits accrued during the senior officer's transition period.
g is the amount of accrued leave credits (in days) the senior officer used during their transition period.

	The Home Purchase Assistance Scheme (HPAS) assists members with the cost of purchasing a home in their current or next housing benefit location or family benefit location.
2	Subsection 7.3.13.1 (table items 1 and 2, column B)
	Omit “two periods”.
3	Subsection 7.3.13.1 (table item 3)
	Repeal the item, substitute:

3.	They purchase a home in the new location after one of the following occurs and before they begin duty in that location.<br>a. An official written notice of the posting is issued.<br>b. An alternate located work agreement is made.	Within 1 month after the earlier of the following.<br>a. The day the member begins duty in the new location.<br>b. The date of settlement of the contract to purchase the home.

	The Home Purchase or Sale Expenses Allowance (HPSEA) provides members with benefits to assist with the cost when selling a home they, or their resident family, have been living in, and subsequently purchasing a home in a new housing benefit location or family benefit location, because of a new posting.
7	Subsections 7.3.17.2 and 7.3.17.3
	Repeal the subsections, substitute:
2.	A member cannot claim HPSEA to purchase a home if they have claimed HPAS to purchase the home.
8	Section 7.3.19
	Repeal the section, substitute:

A member is eligible for the reimbursement of the costs of selling a home in the losing location if all of the following apply.
a. An eligible person lives in the home when official written notice of a posting is issued or alternate located work agreement is made.
b. The selling costs are a result of the member being posted from one location to another.
c. The member’s last reimbursement under this Part was for the costs of purchasing a home.
d. The home is sold within the relevant timeframe specified in section 7.3.23.
Note: Section 1.6.1 applies to this section and may affect the assistance provided if a member and an adult who is resident family are both eligible for HPSEA for the same home sale.
9 Paragraph 7.3.20.d
Repeal the paragraph, substitute:
d. The member purchases the home within the timeframe set out in subsection 7.3.23.
10 Paragraph 7.3.20.f
Omit “following it is expected that they will continue to do so for 12-months”, substitute “following, it is expected that they will continue to do so for 12 months”.
11 Subsection 7.3.21.2
Repeal the subsection, substitute:
1. A member posted overseas is not eligible for assistance with purchasing a home or land overseas.Note: This subsection applies whether the member is accompanied or not.
12 Subsection 7.3.21.3
Repeal the subsection, substitute:
1. A member who is required to live in or to occupy a tied or appointed Service residence is not eligible for assistance to purchase a home or land at their posting location while they occupy that accommodation.Note: The member may be eligible to purchase a home or land on their next posting.
13 Subsection 7.3.23.1
Repeal the subsection, substitute:
1. To be eligible for the reimbursement of the costs of sale of a home under section 7.3.19, a member must sign a contract for sale within 2 years of the date official written notice of a posting or alternate location work agreement to another location is issued.
14 Subsection 7.3.23.1A
Repeal the subsection, substitute:
1A. Despite subsection 1, a member who is ceasing continuous full-time service or on a transition location agreement must sign a contract for sale between the following days.
a. The day that is 12 months before the day the member ceased continuous full‑time service.
b. The day that is 24 months after the day the member ceased continuous full‑time service.
15 Subsection 7.3.23.2
After “If a member”, omit “who”.
16 Subsection 7.3.25.1
Omit “reasons. The CDF must be satisfied on these matters.”, substitute “reasons if satisfied of all of the following.”.

1	Section 4.4.3
	Omit “hardship. The hardship must be”, substitute “hardship”.
2	Subsection 4.4.5.1
	Omit “these conditions”, substitute “the following”.
3	Paragraph 4.4.5.1.d
	Omit “the following conditions”, substitute “the following”.
4	Subsection 4.4.5.2
	Omit “both these conditions”, substitute “all of the following”.
5	Subsection 4.4.7.2 (note)
	Omit “allowance is set out in”, substitute “allowance provided under”.
6	Subsection 4.4.9.1 (table)
	Repeal the table, substitute:

13	Section 4.4.25
	Omit “In Division 5, 6, 7 and 8”, substitute “In this Division”.
14	Section 4.4.25
	Insert:
	ADF amount means the sum of the amounts of salary and maritime disability allowance that the member would be eligible for if the duty was for an ADF posting.
	APS amount means the sum of the amounts of salary and allowance instead of overtime that the member would be eligible for in the APS position.<br>Note: If the member is not an APS employee, this amount will always be zero.
15	Section 4.4.25 (definition of Expedition)
	Omit “mean”, substitute “means”.
16	Chapter 4 Part 4 Division 6 (heading)
	Repeal the heading, substitute:

	Common duties allowance provides for payment to a member who performs duties that are in addition to the duties they ordinarily perform in an expedition.
29	Subsection 4.4.36.1
	Omit “This Division applies to a member who meets all these conditions”, substitute “A member is eligible for common duties allowance if all of the following apply”.
30	Subsection 4.4.36.2
	Repeal the subsection, substitute:
2.	The rate of common duties allowance is $9,082 a year.
31	Chapter 4 Part 4 Division 8 (heading)
	Repeal the heading, substitute:

1 Paragraph 4.9.6.1.c (table items 7 and 8)
Omit “Preparation time is not paid for this duty.” (wherever occurring), substitute:
Note: Preparation time is not paid for this duty.
2 Subsection 4.9.6.2
Repeal the subsection, substitute:
1. For the purpose of subsection 1, the sessional fee is payable for preparation time in connection with duty performed for an item in paragraph 1.c. unless the duty is in connection with any of the following.
a. Providing legal advice under table item 6.a.i.
b. Giving legal advice to a member on matters arising from their service in the ADF under table item 7.
c. Giving legal advice to a defence civilian or former member under table item 8.
3 Paragraph 7.4.A.2.a
Repeal the paragraph, substitute:
a. A lockable room in living-in accommodation, other than barrack style accommodation or a shared room that is suitable for your rank and situation.
4 Paragraph 7.4.A.2.c
Repeal the paragraph, substitute:
c. Privacy to use the assigned room and facilities without unreasonable interference by Defence, other than in barrack style accommodation or a shared room where accommodation is not private.
5 Subsection 7.4.A.7.3
Repeal the subsection, substitute:
1. The member must not allow another person to live in the room unless any of the following apply.
a. The room is a shared room and there is a requirement to share the room.
b. It is permitted by the accommodation manager or the contracted service provider.Note: This would be in exceptional circumstances and for a short period.
6 Subsection 7.4.A.7.4
Repeal the subsection, substitute:
1. The member may use any of the following common areas and shared amenities.
a. The common areas and shared amenities allocated to their rank group in the complex in which their assigned room is located.
b. Other common areas and shared amenities permitted by the accommodation manager.
7 Subsection 7.4.A.8.1
Repeal the subsection, substitute:
1. The member must ensure that their assigned room remains in essentially the same condition as when they started to occupy the room, other than due to any of the following.
a. Fair wear and tear.
b. Events outside a member's control, like a flood, earthquake or cyclone.
8 Subsection 7.4.A.13.1
Omit “room or building”, substitute “room or building, unless the use of additional appliances is approved by the accommodation manager”.
9 Subsection 7.4.A.13.1 (exception)
Repeal the exception.
10 Subsection 7.4.A.16.1
Repeal the subsection, substitute:
1. A member must not keep a vehicle at the living-in accommodation if any of the following apply.
a. It is not roadworthy.
a. It is unregistered, unless the car’s registration expires while the member is on an overseas deployment.Note: The member must register their car as soon as practicable on their return to their accommodation.
11 Subsection 7.4.A.16.3 (exception)
Repeal the exception.
12 After subsection 7.4.A.16.3
Insert:
3A. A member may store bicycles in their accommodation if all of the following apply.
a. No lockable storage is provided in connection with the accommodation.
b. The accommodation manager is satisfied it is safe to store the bicycle in the member's accommodation.
13 Subsection 7.4.A.20.1
Omit “another location”, substitute “another location, other than to another room on a short-term and temporary basis”.
14 Subsection 7.4.A.20.1 (exception)
Repeal the exception.
15 Subsection 7.4.A.20.2
Omit “assigned room”, substitute “assigned room, unless it is equipment provided for short-term use in the member’s room”.
16 Subsection 7.4.A.20.2 (exception)
Repeal the exception.
17 Subsection 7.4.A.21.1
Repeal the subsection, substitute:
1. A member must inform the accommodation manager in writing if the member expects the assigned room will be unoccupied for 21 days or longer for reasons other than any of the following.
a. An emergency.
b. Another situation beyond the member’s control.
Note: Section 7.4.14 provides that failure to give notice that the living-in accommodation will be unoccupied for at least 28 consecutive days, unless the absence is due to an emergency, or a situation which is beyond the member’s control has occurred, may result in the members licence to live in being revoked for up to 3 years.
18 Subsection 7.4.A.22.3
Repeal the subsection, substitute:
1. After the member gives notice, but before the licence ends, Defence will inspect the member’s room in the presence of one of the following.
a. The member.
b. If the member is unable to attend the inspection for Service reasons, an agent nominated by the member.
19 Paragraph 9.1.4.1.d
Repeal the paragraph, substitute:
d. To or from Canberra when travelling on temporary duty other than between Canberra and Nowra or Jervis Bay. Note: Section 9.1.4A provides the most economical means of travel between Canberra and Nowra or Jervis Bay.
20 After section 9.1.4
Insert:

One of the following:<br>a. If the CDF is satisfied that the resident family have established or intend to establish a permanent home there — there are no conditions imposed on the travel.<br>b. In all other cases — the payment will be no more than the cost of the travel benefit in item 1.

1. A member who is expected to be eligible for recreation leave travel trips in the next year is eligible to use that recreation leave travel in advance of becoming eligible for it, if the CDF approves it.
1. If a member uses a recreation leave travel benefit under subsection 1, the number of recreation leave travel trips the member is eligible for in the next year is reduced by 1 for each trip taken in advance.
30 Subsection 9.5.16.1
Repeal the subsection, substitute:
1. A member who lives out for up to 21 days during a travel period must use normal accommodation stock unless any of the following apply.
a. They occupy temporary accommodation under section 9.5.18.
b. They are eligible for payments under Division 3.
31 Section 9.5.19
Before “A member is not”, insert “1.”.
32 Paragraph 9.5.19.c
Repeal the paragraph, substitute:
c. They are serving in the field as a member of a force on exercise.Note: Subsection 2 may make the member eligible for incidentals.
33 Paragraph 9.5.19.g
Repeal the paragraph, substitute:
g. They are attending a live-in training course in the member’s housing benefit location, unless the member is eligible for Incidentals under section 9.5.25.Note: Subsection 2 may make the member eligible for incidentals.
1. Despite subsection 1, the following apply.
a. If the member is serving in the field as a member of a force on exercise and housed at a Service establishment that is not a camp set up for the exercise, the member is eligible for incidentals.
b. If the member is on a live-in training course that is longer than 21 consecutive days, the member is eligible for incidentals from the 21st day.
34 Section 9.5.37
Before “A member is not”, insert “1.”.
35 Paragraph 9.5.37.g
Repeal the paragraph, substitute:
g. They are attending a live-in training course at the member’s primary service location, unless the member is eligible for incidentals under section 9.5.38.Note: Subsection 2 may make the member eligible for incidentals.
1. Despite paragraph 1.g, if the member is on a live-in training course that is longer than 21 consecutive days, the member is eligible for incidentals from the 21st day.
36 Subsection 14.3.8.1
Repeal the subsection, substitute:
1. If a member disposes of an item instead of removing it to the posting location or storing it in Australia, the member is eligible to be reimbursed an amount equal to any loss as a result of the disposal unless the item was obtained through a grant.
37 Paragraph 14.3.12.3.g (exception)
Repeal the exception.
38 After subsection 14.3.12.3
Insert:
1. Despite paragraph 3.g, a personal air conditioner may be removed under section 14.3.11 if the member is moving to or from a location in Papua New Guinea, other than Port Moresby.
39 Subsection 14.5.3.1
Repeal the subsection, substitute:
1. A member is eligible for settling in allowance for themselves and each dependant if all of the following apply.
a. The member and their dependant occupies temporary accommodation.
b. They are receiving overseas living allowances.
Note: If the member’s partner is also a member, only the member receiving overseas living allowances receives settling in allowance.
40 Paragraph 15.3.14.1.a
Repeal the paragraph, substitute:
a. The cost incurred by the member for the return travel by a dependant, other than costs the member is responsible to pay for an adult escort that a carrier requires for the member's child.
41 Subsection 15.3.14.2
Repeal the subsection, substitute:
1. For the purpose of paragraph 1.c, if the member is absent from their posting location for a period of short-term duty and their dependant visits the member at the second location, the allowable travel costs under paragraph 1.c. is one of the following.
a. If the second location is a designated leave centre and the return travel cost is greater than the return travel costs between the designated leave centre and the posting location — the return travel cost between the positing location and the designated leave centre.
b. In any other case — the return travel costs between the posting location and the second location.
42 Subsection 17.7.6.2
Repeal the subsection.

1 Section 1.3.1 (definition of ceasing continuous full-time service)
Omit “Transfer of service”, substitute “Transfer”.
2 Section 1.3.1 (definition of involuntary separation)
Repeal the definition, substitute:
Involuntary separation means the involuntary end of a period of service, which has the effect of ending all forms of a member’s service in the ADF, other than because of any of the following.
a. Redundancy under section 24(1) of the Defence Regulation.
b. Dismissal under the Defence Force Discipline Act 1982.
3 Subparagraph 2.2.3.c.i
Repeal the subparagraph, substitute:
i. They have been given a notice under section 100 of the Act or subsection 24(2) of the Defence Regulation.
4 Paragraph 2.2.5.1A.a
Repeal the subparagraph, substitute:
a. They have been given a notice under subsection 24(2) of the Defence Regulation because of being medically unfit for service.
5 Section 2.3.3
Omit “is notified of a proposed involuntary separation from the Permanent Forces because of”, substitute “given a notice under subsection 24(2) of the Defence Regulation because of”.
6 Paragraph 2.3.6.1.a
Repeal the paragraph, substitute:
a. They have been given a notice under subsection 24(2) of the Defence Regulation because of redundancy.
7 Paragraph 3.2.5.b
Omit “member is discharged or their”, substitute “member’s”.
8 Section 3.2.13
Omit “A Reserve member who meets a circumstance in column A of the following table is on duty for the period commencing on the day in column B and concluding on”, substitute “A member of the Reserves who meets a circumstance in column A of the following table is taken to be on duty from the day in column B and taken to finish duty on”.
9 Subsection 3.2.14.2
Omit “attending”, substitute “taken to be required to attend for duty, and to be attending that duty”.
10 Section 3.2.15
Omit “is required”, substitute “is taken to be required to attend for duty”.
11 Subsection 3.2.30.3 (table item 3 and 4, column headed “If a member”)
Omit “attends for duty” (wherever occurring), substitute “is taken to be attending for duty”.
12 Subparagraph 3.3.21.1.d.i
Repeal the subparagraph, substitute:
i. Their bonus condition is to complete the agreed period of service in a specified position.
13 Subparagraph 3.3.22.1.d.i
Repeal the subparagraph, substitute:
i. Their bonus condition is to complete the agreed period of service in a specified position.
14 Subsection 3.4.11.1
Repeal the subsection, substitute:
1. A member who has received a valid offer is eligible to accept a continuation bonus unless they have been given a notice under one of the following and a decision on that notice has not been made.
a. Section 100 of the Act.
b. Subsection 24(2) of the Defence Regulation.
15 Subsection 3.4.12.4
Repeal the subsection, substitute:
1. Omit “are subject to involuntary separation under one of the following”, substitute “have received a notice under subsection 24(2) of the Defence Regulation for one of the following reasons”.
16 Subsection 3.6.6.2 (table item 6, column headed “The following benefit”)
Omit “the leave is recorded”, substitute “The leave is to be recorded”.
17 Subsection 5.5.6.4
Omit “has”, substitute “is taken to have”.
18 Paragraph 5.4.37.2.d
Repeal the paragraph, substitute:
d. If the member is given a notice under section 24(2) of the Defence Regulation because of being medically unfit for service.
19 Paragraph 5.5.23.2.c
Omit the paragraph, substitute:
c. If the member is given a notice under section 24(2) of the Defence Regulation because of being medically unfit for service.
20 Section 9.5.8 (definition of rank)
Repeal the definition, substitute:
Rank means the rank a member was promoted to under paragraph 13(1)(a) of the Defence Regulation and does not include any of the following.
a. The rank the member is directed to act in under paragraph 13(1)(b) of the Defence Regulation.
b. The rank of a position in which a member is performing higher duties.
21 Paragraph 9.7.1.1.b
Repeal the paragraph, substitute:
b. On posting or on commencing an alternate work agreement.
22 After paragraph 9.7.1.1.c
Insert:
d. On involuntary separation or redundancy.
23 Subsection 15.3.21.5
After “kilometres travelled are”, insert “taken to be”.
24 Subsection 15.4.24.2
After “this payment is”, insert “taken”.

1.	This section applies to a member of the Reserves who received a notice under section 24(2) of the Defence Regulation 2016 on, or after 14 March 2024 and before the commencement of this Schedule.
2.	Part 2 of Chapter 2 of Defence Determination, as in force from time to time, applies to a member.