Defence Determination, Conditions of service Amendment Determination 2024 (No. 7)
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 28 June 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—Recreation leave sharing for dual serving couples amendments
Defence Determination 2016/19, Conditions of service
Schedule 2—ADF family health program – recognised other person
amendments
Defence Determination 2016/19, Conditions of service
Schedule 3—Post index locations amendments
Defence Determination 2016/19, Conditions of service
Schedule 4—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
Schedule 5—Cost of removal amendment
Defence Determination 2016/19, Conditions of service
Schedule 6—Travel and Meal allowance 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. 7).
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 The day the instrument is registered.
Schedules 1 to 4 4 July 2024
Schedule 5 12 September 2024
Schedule 6 10 October 2024
Section 1 - Defence Determination, Conditions of service Amendment Determination 2024 (No. 7) - Defence Determination, Conditions of service Amendment Determination 2024 (No. 7) | Zoe
Schedule 7 4 July 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to
Schedule 1—Recreation leave sharing for dual serving couples amendments
Defence Determination 2016/19, Conditions of service
1
Subsection 5.4.33A.2 (table)
Repeal the table, substitute:
Item
Leave type
1.
War service leave credits.
2.
Recreation leave credits donated under Part 4 Division 9.
3.
Purchased recreation leave credits.
4.
Recreation leave credits, including additional recreation leave, and basic recreation leave.
This section sets out how recreation leave is donated from one member to another if the members are part of a dual serving couple.
5.4.47 Definitions
In this Division, the following apply.
Donor member means a member who donates recreation leave credits to their partner under section 5.4.50.
Receiving member means the partner of the donor member who is to receive the donated recreation leave credits under section 5.4.50.
5.4.48 Member this Division applies to
This Division applies to a member and their partner who meet all of the following.
a. They are part of a dual serving couple.
b. They are both on continuous full-time service.
5.4.49 Member this Division does not apply to
This Division does not apply to a member who meets any of the following.
a. The member or their partner have 6 months or less until they cease continuous full-time service.
b. There has been less than 12 months since the last time the member or their partner donated recreation leave credits under this Division.
5.4.50 Donating recreation leave
A donor member can donate their recreation leave credits to a receiving member if the CDF is satisfied all of the following conditions have been met.
a. The donor member will have a recreation leave balance of at least 10 days after the donation has occurred.
b. The leave credits being donated are not purchased leave credits.
c. The donor member and the receiving partner are not expected to cease continuous full-time service within 6 months of the leave credits being donated.
The request to donate leave credits must be submitted using the approved form at least 4 weeks before the date the donor member requests the donation to occur.
Leave credits can only be donated in whole days.
On the day the leave credits is donated the following apply.
a. The donor member’s recreation leave credits is reduced by the number of credits approved to be donated under subsection 1.
b. The receiving member’s donated recreation leave credits are increased by the number of credits donated under subsection 1.
5.4.51 Ceasing continuous full-time service
If a receiving member ceases continuous full-time service, the following apply.
a. The donor member’s recreation leave credits are increased by the number of donated recreation leave credits not used by the receiving member.
b. The receiving member’s donated recreation leave credits are reduced by the number of donated recreation leave credits returned to the donor member.
Schedule 2—ADF family health program – recognised other person amendments
Defence Determination 2016/19, Conditions of service
1
Section 8.9.1
After “resident family”, insert “and certain recognised other persons”.
2
Section 8.9.2 (Definition of eligible dependant)
Repeal the definition, substitute:
Eligible dependant has the meaning given by section 8.9.2A.
3
After section 8.9.2
Insert:
8.9.2A Eligible dependant
In relation to a member, eligible dependant means a person who meets all of the following.
a. They are one of the following.
i. Resident family of the member.
ii. Recognised other person under paragraph 1.3.37.1.d.of the member.Note: Paragraph 1.3.37.1.d applies to a person who has an interdependent relationship with the member.
b. All of the following apply.
i. They are listed on PMKeyS as resident family or as a recognised other person of the member.
ii. They are registered for the family health program.
iii. They are not a member.
Schedule 3—Post index locations amendments
Defence Determination 2016/19, Conditions of service
1
Annex 12.3.B (before table item 1A)
Insert:
1AA.
AUSTRIA
Vienna
2
Annex 12.3.B (table item 14)
Repeal the item, substitute:
14.
GERMANY
Germany
14A.
- Berlin
Berlin
3
Annex 12.3.B (after table item 38)
Insert:
38A.
REPUBLIC OF KOREA
Seoul
38B.
- Changwon
Busan
4
Annex 12.3.B (table items 41A to 41C)
Repeal the items.
5
Annex 12.3.B (table item 67)
Repeal the item, substitute:
67.
- New York State, excluding Manhattan
New York
Schedule 4—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
1 Paragraph 4.8.6.1.a
Omit “$45,905.60, substitute “$47,626.80”.
2 Subsection 5.4.22.1
Repeal the subsection, substitute:
A member may apply to purchase recreation leave credits.
3 Subsection 5.5.15.2
Repeal the subsection, substitute:
Unless one of the following apply, if there is a gap of more than 12 months between any two periods of service, the earlier period of service cannot be recognised.
a. The CDF is satisfied of all of the following.
i. The prior period of service or employment was ceased due to illness.
ii. After considering the member’s duties before their illness, the member has returned to, or commenced, suitable duties in the ADF within 1 year of their recovery.
b. The break was due to Service-approved full-time vocational training.
4 Subsection 7.6.21.2
Repeal the subsection, substitute:
If the member accepts the offer of a home under this section, the member’s contribution is one of the following.
a. If the member is not on a flexible service determination — the contribution for the rent band that the rent band choice home is in, under Part 1 of Annex 7.A.
b. If the member is on a flexible service determination — one of the following.
i. If the member’s pattern of service over each 4 week period is 1 week working, 3 weeks not working — 150% of the rate that applies to them under Annex 7.4.B.Note: This contribution is listed under a lower rank group.
ii. If the member’s pattern of service over each 4 week period is 2 weeks working, 2 weeks not working — 100% of the rate that applies to them under Annex 7.4.B.
iii. If the member’s pattern of service over each 4 week period is 3 weeks working, 1 week not working, — 100% of the rate that applies to them under Annex 7.4.B.
5 Subsection 7.6.21.3
Repeal the subsection.
6 Subsection 7.7.19.3
Repeal the subsection, substitute:
If the CDF is satisfied that the member was granted leave without pay because of exceptional reasons, all of the following apply.
a. The member may keep the accommodation they have been provided under this Part.
b. Unless section 7.7.18 applies, the member must pay Defence Housing Australia the full market rent for the accommodation.
Omit “The member has a person with special needs recognised under 1.3.6.”, substitute “The dependant has special needs recognised under 1.3.6.”.
11 Section 15.6.1
Repeal the section, substitute:
15.6.1 Purpose
Education assistance provides benefits to a member to assist with any increased costs for their child's education as a result of the member's posting overseas, and maintain a standard of education close to that received in Australian public schools.
12
Section 15.6.10
Repeal the section, substitute:
15.6.10 Compulsory tuition fees
A member with a child attending a school in the overseas posting location is eligible for one of the following.
a. If the child attends a school at the member’s posting location where there is a benchmark school, the lesser of the following.
i. The compulsory tuition fees charged by the child’s school for the child’s attendance.
ii. The compulsory tuition fees charged by the benchmark school for a child in similar circumstances to the member’s child.
b. If the child meets both of the following, the rate charged by the benchmark school for the child to attend for 15 hours per week.
i. They attend a pre-school in the USA that is a benchmark school.
ii. They will not be 5 years old on 31 December in the current USA school year.
Note: If the child attends the school for more than 15 hours per week, assistance under this paragraph is limited to the amount charged for 15 hours per week.
c. If any of the following apply, the amount under subsection 2.
i. The child attends a pre-school or kindergarten in the USA and the CDF is satisfied that the government pre-school where the member lives is not a suitable benchmark school.
ii. The child attends a primary or secondary school in the District of Columbia, USA, and the member has been directed to live there.
iii. The child attends a primary or secondary school in the USA and the CDF is satisfied that the benchmark school where the member lives is not suitable.
iv. The child has completed secondary school in the USA and is attending a junior college, or similar institution in the USA, for admission to a tertiary institution in Australia.
For the purpose of paragraph 1.c the amount is the lesser of the following.
a. The compulsory tuition fees charged by the child's school for the child’s attendance.
b. The amount calculated using the following formula.
Start formula compulsory tuition fee benefit equals AUD 36,336 times open bracket A over 100 times B close bracket end formula
Where:
A is the post index under section 12.3.14A used to calculate overseas allowances as at 1 July within the year prior to the date of processing the benefit.
B is the exchange rate used to pay the member’s salary as at 1 July within the year prior to the date of processing the benefit.
Schedule 5—Cost of removal amendment
Defence Determination 2016/19, Conditions of service
1 Paragraph 6.5.24A.b
Repeal the paragraph, substitute:
b. All of the following in connection with the removal.
i. Vehicle removal assistance payable to the member under Part 5A.
ii. The cost of removal travel for the member, resident family and recognised other persons under Chapter 9 Part 2 Division 3.
iii. The cost of travel on posting for the member, resident family and recognised other persons under Chapter 9 Part 2 Division 4.
Schedule 6—Travel and Meal allowance amendments
Defence Determination 2016/19, Conditions of service
1
Section 4.5.9 (table)
Repeal the table, substitute:
Item
Column A<br>Meal period
Column B<br>Rate ($)
1.
breakfast
30.35
2.
lunch under paragraph 4.5.6.1.d
13.90
3.
any other lunch
34.65
4.
dinner
59.75
2
Subsection 7.5.24.2 (table)
Repeal the table, substitute:
Item
Column A<br>Meal period
Column B<br>Capital cities and high‑cost country centres<br>($)
Column C<br>Other locations<br>($)
1.
breakfast
33.90
30.35
2.
lunch
38.10
34.65
3.
dinner
64.95
59.75
3
Subsection 7.5.24.3 (table)
Repeal the table, substitute:
Item
Column A<br>Meal period
Column B<br>Capital cities and high‑cost country centres<br>($)
Column C<br>Other locations<br>($)
1.
breakfast
16.95
15.20
2.
lunch
19.05
17.35
3.
dinner
32.50
29.90
4
Subsection 9.5.10.2
Omit “$59.10”, substitute “$62.05”.
5
Subparagraph 9.5.20.2.d.ii
Omit “$11.50”, substitute “$12.00”.
6
Paragraph 9.5.22.2.c
Omit “$11.50”, substitute “$12.00”.
7
Subsection 9.5.39.2 (table item 5, column C)
Omit “$80.50”, substitute “$83.85”.
8
Paragraph 9.5.41.3.c
Omit “$11.50”, substitute “$12.00”.
9
Annex 9.5.A Part 1 (table)
Repeal the table, substitute:
Item
Column A<br>Location
Column B<br>Brigadier or higher<br>($)
Column C<br>Colonel or lower<br>($)
1.
Adelaide
206.00
155.00
2.
Brisbane
230.00
173.00
3.
Canberra
228.00
171.00
4.
Darwin<br>(April to November)
370.00
277.00
5.
Darwin<br>(December to March)
217.00
163.00
6.
Hobart
218.00
163.00
7.
Melbourne
219.00
164.00
8.
Perth
218.00
163.00
9.
Sydney
219.00
164.00
10.
High-cost country centres
See Part 2
See Part 2
11.
Medium-cost country centres (see Part 3)
201.00
151.00
12.
Other country centres
183.00
137.00
10
Annex 9.5.A Part 2 (table)
Repeal the table, substitute:
Column ALocation Column BRate ($)
New South Wales
Armidale 159.00
Bourke 176.50
Cooma 169.00
Deniliquin 160.00
Dubbo 162.50
Goulburn 164.50
Grafton 169.00
Gunnedah 166.50
Leeton 158.00
Lismore 156.50
Maitland 179.50
Mudgee 180.50
Newcastle 187.50
Nowra 161.50
Orange 193.50
Port Macquarie 183.00
Wagga Wagga 169.50
Wollongong 173.50
Northern Territory
Alice Springs (April to November) 200.50
Alice Springs (December to March) 202.50
Katherine (April to November) 222.50
Katherine (December to March) 236.00
Yulara (April to November) 661.50
Yulara (December to March) 556.50
Queensland
Bundaberg 175.00
Cairns 165.50
Charters Towers 167.50
Dalby 191.50
Emerald 170.50
Gladstone 162.50
Gold Coast 184.50
Hervey Bay 167.00
Kingaroy 180.00
Mackay 157.50
Mount Isa 175.50
Rockhampton 165.00
Roma 173.50
Thursday Island 307.50
Townsville 165.50
Weipa 226.50
South Australia
Border Town 161.00
Ceduna 156.00
Mount Gambier 160.50
Whyalla 163.50
Wilpena Pound 218.00
Tasmania
Burnie 165.50
Launceston 161.00
Victoria
Bairnsdale 173.00
Ballarat 177.00
Benalla 159.00
Bendigo 155.50
Bright 171.00
Geelong 166.00
Hamilton 161.00
Horsham 156.00
Mildura 157.50
Portland 159.00
Seymour 160.50
Shepparton 158.50
Swan Hill 172.00
Wangaratta 176.50
Warrnambool 159.00
Wonthaggi 178.00
Western Australia
Albany 191.50
Broome 172.00
Bunbury 176.00
Carnarvon 168.00
Dampier 167.50
Derby 190.50
Esperance 178.50
Exmouth 212.50
Geraldton 159.00
Halls Creek 157.00
Kalgoorlie 179.50
Karratha 221.00
Katanning 230.50
Mount Magnet 157.00
Newman 268.00
Northam 212.00
Wyndham 209.00
External Australian Territory
Christmas Island (WA) 209.00
Horn Island (QLD) 331.50
Norfolk Island 194.50
11
Annex 9.5.A Part 3 (table)
Repeal the table, substitute:
Medium-cost country centres
New South Wales
Albury
Bathurst
Broken Hill
Coffs Harbour
Gosford
Griffith
Inverell
Moree
Narrabri
Queensland
Ayr
Nambour
Toowoomba
Warwick
South Australia
Naracoorte
Port Augusta
Port Pirie
Tasmania
Devonport
Victoria
Ararat
Castlemaine
Echuca
Sale
Western Australia
Kununurra
12
Annex 9.5.A Part 4 (table)
Repeal the table, substitute:
Item
Column A<br>Location
Column B<br>Breakfast<br>($)
Column C<br>Lunch<br>($)
Column D<br>Dinner<br>($)
Column E<br>Incidentals<br>($)
1.
Capital cities and high-cost country centres
33.90
38.10
64.95
23.95
2.
Medium-cost country centres and other country centres
A boarding house, hotel or motel where the tariff is not all inclusive Cooking facilities are not provided 136.95
Cooking facilities are provided 76.69
Rental accommodation - 76.69
14
Subsection 15.2A.27.3 (formula)
Omit “35.63”, substitute “37.65”
Schedule 7—Transitional provisions
1 Definitions
In this Schedule, the following apply.
Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.
Recognised other person means recognised other person under paragraph 1.3.37.1.d of the Defence Determination.
2 ADF family health program – recognised other persons
This clause applies to a member who meets all of the following.
a. Chapter 8 Part 9 of the Defence Determination applies to them.
b. They registered a recognised other person for the ADF family health program between 4 July 2024 and 4 August 2024.
Chapter 8 Part 9 of the Defence Determination applies to the member as though the recognised other person was an eligible dependant under Chapter 8 Part 9 of the Defence Determination between the day the person became a recognised other person and the commencement of Schedule 1 of this Determination.Note: Costs are only reimbursable under this clause if they were incurred during the time the person was a recognised other person.