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Section 1 - Defence Determination, Conditions of service Amendment Determination 2024 (No. 8) - Defence Determination, Conditions of service Amendment Determination 2024 (No. 8) | Zoe

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Defence Determination, Conditions of service Amendment Determination 2024 (No. 8)

1Defence Determination, Conditions of service Amendment Determination 2024 (No. 8)

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Commonwealth Coat of Arms of Australia

Defence Determination, Conditions of service Amendment Determination 2024 (No. 8)

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 26 July 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—Nuclear qualified submariners amendments

Defence Determination 2016/19, Conditions of service

Schedule 2—Education assistance rates amendments

Defence Determination 2016/19, Conditions of service

Schedule 3—Summer schools amendments

Defence Determination 2016/19, Conditions of service

Schedule 4—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

Schedule 5—Transitional Provisions

Defence Determination 2016/19, Conditions of service

1 Name

This instrument is the Defence Determination, Conditions of service Amendment Determination 2024 (No. 8).

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 5 1 August 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Note: This table relates only to the provisions of this instrument as originally made.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

	In this Division the following apply.
	Anniversary date means the date that Division 3A of DFRT Determination No. 2 of 2017, Salaries, applies to the member.
	Increment anniversary date means the day that is 12 months after the member’s anniversary date or the last increment anniversary date.<br>Note: An advancement in increment under section B.3A.7 of DFRT Determination No. 2 of 2017, Salaries, or advancement in increment that has been deferred under section 3.2.47AA does not change the member’s increment anniversary date.
	Nuclear Marine Engineer Officer Submariner means the employment category that is paid salary under Division 3A of DFRT Determination No. 2 of 2017, Salaries.
	Nuclear Powered Submarine Officer means the employment category that is paid salary under Division 3A of DFRT Determination No. 2 of 2017, Salaries.
	Nuclear Technician means an employment category that is paid salary under Division 3A of DFRT Determination No. 2 of 2017, Salaries.

Item	Column A<br>Condition	Column B<br>Maximum limit
1.	The child has studied the subject before and the subject is offered at the new school.	$1,722
2.	The child has not studied the subject before and the subject is offered at the new school.	$3,196
3.	The child meets both of the following and the subject is not offered at the new school.<br>a. The child is in Year 10, 11 or 12.<br>b. The child needs to study the subject, as it is essential to their career aims.	$6,392

3	Subsection 8.4.14.3
	Omit “$118”, substitute “$123”.
4	Subsection 8.4.14.4
	Omit “$864”, substitute “$905”.
5	Subsection 8.4.14.5
	Omit “$33,683”, substitute “$36,336”.
6	Subsection 8.4.14.5A
	Omit “$422”, substitute “$441”.
7	Subsection 8.4.21.1 (table)
	Omit the table, substitute:

10	Paragraph 15.6.26.2.b
	Omit “AUD 33,683”, substitute “AUD 36,336”.
11	Paragraph 15.6.26.3.a
	Omit “AUD 192”, substitute “AUD 201”.
12	Paragraph 15.6.26.3.b
	Omit “AUD 448”, substitute “AUD 469”.
13	Subparagraph 15.6.27.2.a.ii
	Omit “AUD 29,375”, substitute “AUD 31,638”.
14	Subparagraph 15.6.27.2.b.ii
	Omit “AUD 17,650”, substitute “AUD 18,332”.
15	Subparagraph 15.6.27.3.a.i
	Omit “AUD 3,191”, substitute “AUD 3,336”.
16	Subparagraph 15.6.27.3.a.ii
	Omit “AUD 3,606”, substitute “AUD 3,754”.
17	Paragraph 15.6.27.3.b
	Omit “AUD 3,606”, substitute “AUD 3,754”.

	In this Division, the following apply.
	Reimbursement period means the total number of weekday of school holidays in the academic year for the school the child attends less 60 days.<br>Note: A public holiday that falls on a weekday within the school holidays included when determining the number of days of school holidays.
	An academic year commences on the first day of the first teaching period in a school year and ends on the day before the first day of the first teaching period of the next school year.

	This Division applies to a member whose child attends a primary or secondary school at the overseas posting location where, when combined, the school holiday period is greater than 60 weekdays in an academic year.

1	Section 1.3.1
	Insert:
	Most economical means of travel has the same meaning as given by Chapter 9 Part 1A and Chapter 9 Part 1.
2	Paragraph 2.2.3.b
	Omit “SERCAT” (wherever occurring), substitute “service category”.
3	Section 5.11.24
	Omit “, as defined in Chapter 9 Part 1,” (wherever occurring).
4	Subsection 5.12.3.1
	Omit “23 December 2023 to 2 January 2024”, substitute “24 December 2024 to 1 January 2025”.
5	Paragraph 6.5.16.1.b
	Omit “privately arrange”, substitute “privately arranged”.
6	Section 6.5.69
	Repeal the section, substitute:

1.	A member is eligible for the storage of items removed under section 14.3.5 if the accommodation provided under Chapter 15 Part 4 Division 1 is not available when the member arrives in the posting location.
2.	The member is eligible for the removal of items stored under subsection 1 to their accommodation when the accommodation becomes available.
16	Subsection 14.4.5.1
	Omit “The Commonwealth will pay the cost of members’ and dependants’”, substitute “The member is eligible for the cost of their and their dependant’s”.
17	Paragraph 14.4.17.2.d
	Omit “at Commonwealth cost”, substitute “under this Determination”.
18	Section 14.6.20
	Omit “at Commonwealth expense” (wherever occurring), substitute “under this Determination”.
19	Subsection 15.1.11.3
	Omit “2023-2024 is 23 December 2023 to 2 January 2024”, substitute “2024-2025 is 24 December 2024 to 1 January 2025”.
20	Chapter 16 Part 4 Division 4 (heading)
	Omit “When travel costs must be repaid”, substitute “After travel”.

1 Definitions
The following apply in the Schedule.
Academic year means the period that commences on the first day of the first teaching period in a school year and ends on the day before the first day of the first teaching period of the next school year.
Annex 15.6.B means Annex 15.6.B of the Defence Determination, as in force immediately before the commencement of Schedule 1.
Defence Determination means Defence Determination 2016/19, Conditions of service.
New school holiday program benefits means the benefits provided by Chapter 15 Part 6 Division 2A of the Defence Determination, on or after the commencement of Schedule 3.
Previous summer school benefits means the benefits provided by section 15.6.15 of the Defence Determination, as in force immediately before the commencement of Schedule 3.
2 Application
1. This Schedule applies to a member who meets any of the following.
a. The member is on long-term posting overseas.
b. The member had received official written notice of their long-term posting overseas, but had not commenced the posting on the day this Determination commenced.
1. This Schedule does not apply to a member in respect of a child for whom they are receiving benefits under Chapter 8 Part 4 of the Defence Determination, as in force from time to time.
1. This Schedule ceases to apply to a member on the earlier of the following.
a. The end of the member’s long-term posting overseas.
b. 30 June 2027.
3 Benefit
1. A member may elect to receive the previous summer school benefits.
1. If the member elects to receive the previous summer school benefits, all the following apply.
a. They are eligible to receive the previous summer school benefits for the duration of their long-term posting overseas.
b. They are not eligible to receive the new school holiday program benefits for the duration of their long-term posting overseas.
c. If they have received a reimbursement for their child’s attendance at the summer school or summer camp under the previous summer school benefits before the commencement of Schedule 3 of this Determination for the current academic year — all of the following apply.
i. The member is not eligible for reimbursement under the new school holiday program benefits for the current academic year of the school the child attends.
ii. The election to receive the previous summer school benefits does not apply until the commencement of the next academic year of the school their child attends.
1. An election to receive benefits under the previous summer school benefits must be made by a member before they can receive the reimbursement.
1. If a member does not elect to receive the previous summer school benefits under subclause 1 and all of the following are met, the member is eligible to receive the new school holiday program benefits from 1 June 2024 as though the changes made by this Determination had applied at the time.
a. The academic year for the school their child attends has commenced.
b. The member has not received reimbursement under the previous summer school benefits for the child for the current academic year.