Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15)
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legislative instrument
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Integrates "flexible service determinations" into the Defence Conditions of Service, changing how pay, leave accrual, allowances, housing and travel entitlements are calculated when members have scheduled non‑working periods. It replaces prior part‑time provisions and adds pro‑rata formulas, contribution rules and debt‑recovery mechanisms.
It mainly affects ADF members on flexible service determinations, their supervisors, payroll and housing administrators. The instrument makes members liable for contributions or debts (recoverable by the Commonwealth), assigns decision‑making roles to supervisors and the CDF, and creates new administrative and compliance tasks.
This instrument, made under section 58B of the Defence Act 1903 (see section 3), amends the Defence Determination 2016/19, Conditions of service, to create a structured legal regime for members subject to a flexible service determination (FSD). The Determination is titled Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15) and is dated 17 April 2018. It inserts definitions, calculation rules, entitlements and contribution rules that apply specifically to members whose service is governed by a flexible pattern of duty and nonworking periods, and removes or replaces prior provisions that dealt with part-time or other forms of non-continuous service.
Mechanically, the instrument does the following (selective but representative):
Establishes or amends key definitions: nonworking period (substituted at 1.3.45A), pattern of service (1.3.50A), continuous period for remote deployments (inserted into 4.4.4) and related concepts such as member's cycle and incomplete cycle (7.1.14 additions).
Introduces a separate payroll and allowance administration regime for members on FSDs, principally in Chapter 3. Section 3.2.7A sets out a new method to work out daily rates and fortnightly payments for salary and specified allowances for members on an FSD, and caps fortnightly pay so it cannot exceed the fortnightly rate of a member not on an FSD (3.2.7A(3)). Section 3.2.8 clarifies pro rating of contributions.
Changes how creditable service is calculated for bonuses, retention payments and leave accruals when a member is on an FSD. Notably, effective service days for retention and completion bonuses are calculated by multiplying each day in the member's pattern of service by 1.4, up to a fortnightly maximum of 14 days (3.5.2). Similar multipliers appear in multiple bonus calculation provisions (see Schedule 3 amendments to Parts 3.5).
Current sections
Direct links to the current provisions in Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15).
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Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15)
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Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15)
I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 17 April 2018
F L McSPEERIN
Assistant Secretary People Policy and Employment Conditions Defence People Group
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Chapter 1 2
Schedule 2—Chapter 2 4
Schedule 3—Chapter 3 5
Schedule 4—Chapter 4 10
Schedule 5—Chapter 5 14
Schedule 6—Chapter 6 27
Schedule 7—Chapter 7 28
Schedule 8—Chapter 9 48
Schedule 9—Chapter 10 50
Schedule 10—Chapter 11 51
Schedule 11—Chapter 14 52
Schedule 12—Chapter 15 53
Schedule 13—Savings and transitional arrangements 54
1 Name
This instrument is the Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15)
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 of this instrument and anything in this instrument not elsewhere covered by this table The day after this instrument is registered.
Schedules 1 – 13 to this instrument A day to be fixed by Assistant Secretary People Policy and Employment Conditions (the Minister's delegate) by notifiable instrument.However, if the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.
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—Chapter 1: Introduction
Defence Determination 2016/19, Conditions of service
1
Subsection 1.3.24A.2 (Flexible service determination)
Omit the subsection.
2
Section 1.3.45A (Nonworking period)
Omit the section, substitute:
1.3.45A Nonworking period
A nonworking period under a flexible service determination is the period that is not the member's pattern of service.
3
Subsection 1.3.47.3 (Normal working hours)
Omit the subsection.
4
Section 1.3.50A (Pattern of service)
Omit the section, substitute:
1.3.50A Pattern of service
Means the hours of duty or periods of duty prescribed under a flexible service determination.
5
Subsection 1.3.77A.2 (Unpaid leave)
Omit the subsection.
6
Subsection 1.3.87.2 (Normally lives with)
At the end of the subsection, insert:
Note: If a member is on a flexible service determination, the member’s nonworking period does not affect the 90 night period when the child stays with the member in the posting location.
7
Section 1.5.4 (Overpayment)
After the section, insert:
1.5.4A Contributions and payments payable by a member not receiving salary
This section applies to a member not receiving salary for either of the following reasons.
a. The member meets a condition under section A.1.4 of DFRT Determination No. 2 of 2017, Salaries.
b. The member is on a nonworking period under the member's flexible service determination.
Any unpaid contributions or payments are a debt to the Commonwealth. The Commonwealth may recover any unpaid contributions or payments. Note: The Accountable Authority Instructions issued under Section 20A of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) provide guidance and relevant procedures relating to debt management to ensure officials can meet their obligations under the PGPA Act.
8 Section 1.6.1 (Dual entitlement – member’s adult dependant is also a member)
After the section, insert:
1.6.1A Payment of contributions by another person
This section applies to a member not receiving salary for either of the following reasons.
a. The member meets a condition under section A.1.4 of DFRT Determination No. 2 of 2017, Salaries.
b. The member is on a flexible service determination — during their nonworking period.
The member may nominate, in writing, an adult dependant to pay contributions owed by the member if all of the following conditions are met.
a. The dependant is also a member.
b. The dependant has consented in writing to make the contributions on the member’s behalf.
Notes:
The dependant may revoke consent at any time.
Contributions are to be paid through the Department of Defence pay system.
If the contribution is not paid by the dependant, the contribution may be recovered from the member as a debt owed to the Commonwealth.
Schedule 2—Chapter 2
Defence Determination 2016/19, Conditions of service
1
Section 2.0.2 (Contents)
Omit "Part 1A Flexible service determination".
2
Chapter 2 Part 1A (Flexible service determination)
Omit the part.
Schedule 3—Chapter 3
Defence Determination 2016/19, Conditions of service
1
Section 3.2.7 (Administration of salary and allowances)
Omit the section, substitute:
3.2.7 Administration of salary and allowances
1.
This section applies to salary and allowances payable to a member.<br>Exception: Salary and allowances being paid to a member on a flexible service determination.<br>Note: Administration of salary and allowances for a member on a flexible service determination is provided under section 3.2.7A.
2.
The daily rate of an annual rate of salary or allowance set by the DFRT, or an allowance identified in the following table, is the annual rate divided by 365.
Item Allowance Reference
ADF district allowance Chapter 4 Part 4 Division 1 and Division 2
Allowances for services in Antarctica – Antarctic allowance Chapter 4 Part 4 Division 6
Allowances for service in the Antarctic – Common duties allowance Chapter 4 Part 4 Division 7
Allowances for service in the Antarctic – Antarctic parity allowance Chapter 4 Part 4 Division 8
Child allowance – member posted before 1 July 2017 Chapter 15 Part 2 Division 4
Child supplement allowance – member posted on or after 1 July 2017 Chapter 15 Part 2A Division 4
Child reunion allowance – member posted before 1 July 2017 Chapter 15 Part 2 Division 5
Cost of living adjustment – member posted before 1 July 2017 Chapter 15 Part 2 Division 2
Cost of living adjustment – member posted on or after 1 July 2017 Chapter 15 Part 2A Division 2
Executive vehicle allowance Chapter 4 Part 6
Hardship allowance – member posted before 1 July 2017 Chapter 16 Part 2
Higher duties allowance Chapter 4 Part 1
Language allowance Chapter 4 Part 3 Division 1
Location allowance – member posted on or after 1 July 2017 Chapter 16 Part 2A
Port Wakefield allowance Chapter 4 Part 4 Division 3
Post adjustment – member posted before 1 July 2017 Chapter 15 Part 2 Division 3
Post adjustment – member posted on or after 1 July 2017 Chapter 15 Part 2A Division 3
Scherger allowance Chapter 4 Part 4 Division 4
Trainee's dependant allowance Chapter 4 Part 8 Division 1
Uniform allowance Chapter 10 Part 1
The daily rate of rent allowance is one fourteenth of the rate calculated in Chapter 7 Part 8 Division 4 section 7.8.19, Working out rent allowance.
3.2.7A Administration of salary and allowances – member on a flexible service determination
1.
This section applies to salary and allowances being paid to a member on a flexible service determination.
2.
The daily rate of an annual rate of salary, an allowance set by the DFRT or an allowance identified in the following table, is worked out using the following formula.
For a member of the Permanent Forces, any period when a member is not entitled to salary cannot be counted for salary increments. Exceptions: A member undertaking service with the United Nations or a member on a flexible service determination.
5
Section 3.5.2 (Members on part-time leave without pay)
Omit the section, substitute:
3.5.2 Calculating effective service for a member on a flexible service determination
This section applies to a member who is on a flexible service determination and who is eligible for a retention or completion bonus.
A member's effective service under this Part is calculated each fortnight by multiplying each day in a member's pattern of service by 1.4. The total number of days of effective service in a fortnight must not exceed 14.
Each day in a member's pattern of service, used to calculate effective service under subsection 2, includes the following.
a. Each full day of duty in the fortnight.
b. Each combination of part days of duty in the fortnight that add up to eight hours.
6 Subsection 3.5.10.3 (Effective service for the purpose of the bonus), table item 1 and table item 1A
Omit the table items, substitute:
1.
A member on a flexible service determination.
Effective service is calculated in accordance with section 3.5.2.
7
Subsection 3.5.70.3 (Service that counts towards a member's retention bonus), table item 1
Omit the table item, substitute:
1.
A member on a flexible service determination.
Effective service is calculated in accordance with section 3.5.2.
8
Subsection 3.5.70.3 (Service that counts towards a member's retention bonus), table item 3 exception
Omit the exception.
9
Subsection 3.5.70.3 (Service that counts towards a member's retention bonus), table item 4A
Omit the table item.
10 Subsection 3.5.95.1 (Service that counts towards the bonus)
After the subsection, insert:
1A. For a member on a flexible service determination, when calculating the number of days of eligible service that count towards the bonus, each day in a member's pattern of service is multiplied by 1.4. The total number of days of effective service in a fortnight must not exceed 14.
1B. For a member on a flexible service determination, each day in a member's pattern of service over a fortnightly period can be either of the following.
a. A day in the fortnight that equals or exceeds eight hours.
b. A combination of part days in the fortnight that add up to eight hours.
11 Subsection 3.5.95.2 (Service that counts towards the bonus), table item 2
Omit the table item.
12 Subsection 3.5.95.2 (Service that counts towards the bonus), table item 9
After the table item, insert:
9A.
A member on a flexible service determination.
Each day in a member's pattern of service is effective service and counts towards the bonus
13
Section 3.5.98 (Calculation of partial bonus payment), table step 2
Omit the table step, substitute:
2.
Subtract the number of days of service that do not count towards the bonus from the outcome of Step 1.<br>For a member on a flexible service determination, multiply this result by 1.4.
Schedule 4—Chapter 4
Defence Determination 2016/19, Conditions of service
1 Paragraph 4.1.12.2.c (Conditions and relevant considerations for a higher duties direction)
Omit the paragraph, substitute:
c. The direction to perform higher duties is within the relevant time limits prescribed in section 4.1.14, section 4.1.15 and section 4.1.16.
2 Paragraph 4.1.12.2.d (Conditions and relevant considerations for a higher duties direction)
Omit the paragraph, substitute:
d. This paragraph applies if the member to be directed to undertake higher duties is on a flexible service determination. The duties of the position can be carried out effectively during the member's pattern of service.
3 Subsection 4.1.14.1 (Minimum qualifying period – member on continuous full-time service)
Omit the subsection, substitute:
This section applies to a member on continuous full-time service. Exception: Member on a flexible service determination.See: Section 4.1.15, Minimum qualifying period – certain categories of member
4 Subsection 4.1.15.1 (Minimum qualifying period – certain categories of member)
Omit the subsection, substitute:
This section applies to a member in any of the following categories.
a. A member on Reserve service.
b. A member on a flexible service determination.
Related Information: Section 4.1.14, Minimum qualifying period – member on continuous full-time service
5 Subsection 4.1.15.3 (Minimum qualifying period – certain categories of member)
Omit the subsection, substitute:
In this section, continuous working days are not broken by either of the following.
a. A day a member of the Reserves is not required to attend for duty.
b. For a member on a flexible service determination, a nonworking period that is 14 days or less.
6
Section 4.4.4 (Definitions)
Before the definition of 'Grade', insert:
Continuous period A continuous period means the period that the member stays in the remote location. A continuous period is not broken if any of the following apply.
a. The member is not required for duty.
b. The member is on a nonworking period.
c. The member leaves the remote location during the periods in a. or b.
7
Section 4.4.7 (Period of eligibility)
Omit the section, substitute:
4.4.7 Period of benefit
1.
Subject to subsection 2, this table sets out the period for which a member may be paid ADF district allowance.
Item If the member is… then the member may be paid the allowance for the period…
from to
posted for duty at a remote location and they live there the later of these two days:a. the effective date of the member's posting to the locationb. the day the member arrives at the location. the day immediately before they leave the location..
posted for service in a seagoing ship or submarine based at a remote location
serving on temporary duty at a remote location for a continuous period of more than 21 days the day the member begins the period of temporary duty the day immediately before they leave the location.
2.
A member on a flexible service determination is not eligible for the allowance for any continuous nonworking period of more than 28 days.
Note: The period for which a member who is away from the remote location on temporary duty or is posted for service in a seagoing ship or submarine that is away from its remote location may be paid the allowance is set out in section 4.4.11.<br>See: Division 2 section 4.4.11, Absence for temporary duty
8 Subsection 4.4.19.1 (Benefit)
Omit the subsection, substitute:
Subject to subsection 1A, a member is eligible for Port Wakefield allowance if the member is posted to the establishment and must live there.
1A. Port Wakefield allowance is not payable during a nonworking period that exceeds 28 days under a member's flexible service determination.
9 Subsection 4.4.32.1 (Period of eligibility)
Omit the section, substitute:
Subject to subsection 1A, a member is eligible for Antarctic allowance from 0001 on the day of embarkation until 2359 on the day of disembarkation.
1A. Antarctic allowance is not payable during a nonworking period that exceeds 28 days under a member's flexible service determination.
A daily rate of the annual rate of the allowance may be paid for any day a member performs duty for which salary is payable and the member is either of the following.
a. A member of the Reserves.
b. A member on a flexible service determination.
Note: The method used to calculate the amount of allowance is provided under Chapter 3 Part 2 Division 1: 1. Subsection 3.2.7, for members on continuous full-time service. 2. Subsection 3.2.7A, for members on a flexible service determination.
Note: For a Reserve member or a member on a flexible service determination, the four-week period may include days when the member does not perform duty. This includes nonworking periods for a member on a flexible service determination. The table only applies when the member stays at a star rank level and does not perform duty at their substantive rank during the period.
13
Section 4.8.7 (Rate of benefit)
At the end of the section, insert:
3.
If the trainee is on a flexible service determination, the trainee is to be paid trainee's dependant allowance on a pro rata basis as calculated under section 3.2.7.
Schedule 5—Chapter 5
Defence Determination 2016/19, Conditions of service
1
Section 5.2.4 (Member this Division applies to)
Omit the section, substitute:
5.2.4 Member this Division applies to
This Division applies to a member that has applied for a period of any of the following leave types and the member plans to travel to a restricted destination in that period.
a. Recreation leave.See: Part 4
b. Long service leave.See: Part 5
c. War service leave.See: Part 8
d. Compassionate leave.See: Part 9 Division 2
e. Leave without pay.See: Part 10
2 Paragraph 5.3.2.a (Member this Part applies to)
After the paragraph, insert:
Exception: A member on a flexible service determination during their nonworking period.
3 Section 5.3.10A (Medical absence for a member on a flexible service determination (weeks per month pattern of service))
Omit the section.
4 Subsection 5.4.6 (Definitions), non-effective service
After paragraph d, insert:
e. On a nonworking period.
5
Section 5.4.8 (Basic recreation leave credit)
Omit the section, substitute:
5.4.8 Basic recreation leave credit
A member may accrue up to a maximum credit of 20 days basic recreation leave a year.
Leave credit accrues fortnightly and is credited on each payday.
A member's fortnightly leave credit is calculated using the following formula.
Where:
NEF is days of non-effective service in the fortnight.
max is 20, being the annual maximum for additional recreation leave.
6 Subsection 5.4.13.2 (Sea Service)
Omit the subsection, substitute:
If a member is eligible for a daily rate of maritime disability allowance, the member accrues a credit of 0.1 of a day of additional recreation leave for each day.
If a member is eligible for an annual rate of maritime disability allowance, the member’s fortnightly additional leave credit is calculated using the following formula.
Where:
NEF is the number days of non-effective service that occurs on a weekday in the fortnight.
max is 20, being the annual maximum for additional recreation leave.
Note: 1. Section 5.4.12 limits the amount of additional recreation leave credit that can be accrued under this Part. 2. Special rules apply to a member who is eligible for two or more allowances. See subsection 5.4.11.4.
7 Subsection 5.4.15.2 (Flight duties)
Omit the subsection, substitute:
If a member is eligible for a daily rate of flying disability allowance, the member accrues a credit of 0.1 of a day of additional recreation leave for each day.
If a member is eligible for an annual rate of flying disability allowance, the member’s fortnightly additional leave credit is calculated using the following formula.
Where:
NEF is the number days of non-effective service that occurs on a weekday in the fortnight.
max is 10, being the annual maximum for additional recreation leave.
Note: 1. Section 5.4.12 limits the amount of additional recreation leave credit that can be accrued under this Part. 2. Special rules apply to a member who is eligible for two or more allowances. See subsection 5.4.11.4.
8 Subsection 5.4.16.2 (Special service)
Omit the subsection, substitute:
If a member is eligible for a daily rate of Special Forces disability allowance or clearance diver allowance, the member accrues a credit of 0.1 of a day of additional recreation leave for each day.
If a member is eligible for an annual rate of Special Forces disability allowance or clearance diver allowance, the member’s fortnightly additional leave credit is calculated using the following formula.
Where:
NEF is the number days of non-effective service that occurs on a weekday in the fortnight.
max is 10, being the annual maximum for additional recreation leave.
Notes: 1. Section 5.4.12 limits the amount of additional recreation leave credit that can be accrued under this Part. 2. Special rules apply to a member who is eligible for two or more allowances. See subsection 5.4.11.4.
9 Subsection 5.4.17.3 (Service in a remote location)
Omit the subsection, substitute:
The fortnightly additional recreation leave credit under this section is calculated using the following formula.
Where:
max is the maximum benefit set out in Annex 5.4.A for the remote location.
RL is the number of days in the remote location.
NEF is number of days of non-effective service days in the remote location.
10 Subsection 5.4.22.4 (Application to purchase recreation leave), note
Omit “part-time leave without pay or on leave without pay (flexible service determination)”, substitute “a flexible service determination”.
11 Subsection 5.4.24.4 (Payment)
Omit the subsection, substitute:
The amount of the payment is not reduced if the member is on a flexible service determination.Note: If a payment is required by the member during a nonworking period, see Chapter 1 Part 5 section 1.5.4A, Contributions and payments payable by a member not receiving salary.
12 Section 5.4.29 (Member on part-time leave without pay or a flexible service determination)
Omit the section, substitute:
5.4.29 Member on a flexible service determination
A member on a flexible service determination may only be granted trainee leave for a period in the member's pattern of service.
13
Section 5.4.33 (Grant of recreation leave)
Omit the section, substitute:
5.4.33 Grant of recreation leave
A supervisor in the member's chain of command may grant recreation leave in accordance with the following.
a. If the member is on a flexible service determination and the pattern of service for the leave day is less than 8 hours — leave is granted for the period of the duty specified in the member's flexible service determination for that day.
b. If the recreation leave credit is less than a full day and is taken with another type of leave credit to make a full day — leave is granted for the period of recreation leave credit that is less than 1 day.
c. In all other cases — leave is granted for whole days.
For the purposes of subsection 1, a supervisor must be at one of the following ranks or higher.
a. Warrant Officer Class 2.
b. APS 4.
If a supervisor has made a decision to grant or refuse leave, they must notify the member of the decision as soon as possible and must do one of the following.
a. If the member applied electronically on PMKeyS Self Service — the supervisor must approve or deny the application on PMKeyS Self Service.
b. If the member applied in writing on an application form — the supervisor must give the member's original application and a record of their decision to the relevant administrator.
If a member has a part-day of recreation leave credit and a part day of war service leave credit that total at least one full day of leave, the following actions may be taken.
a. The member may apply to take a part-day of war service leave and a part-day of recreation leave, that form a combined total of one day of leave.
b. The member may keep any remaining part-day of leave credit that exceeds the total of one day as credit for future use. Related Information: Part 8, War service leave.
14
Section 5.4.33A (Order of use of credits ('leave take'))
Omit the section, substitute:
5.4.33A Leave credits
1.
A member’s leave credits are reduced by the number of days for which recreation leave is granted.<br>Note: This may include a part day.
2.
A grant of recreation leave reduces a member's combined recreation and war service leave credit balances in the following order.
Item
Leave type
1.
War service leave credits.<br>See: Part 8 subsection 5.8.6.1, War service leave and other leave.
Recreation leave credits, including extra recreation leave, additional recreation leave, and basic recreation leave.
15
Subsection 5.5.6.5 (Administrative concepts)
Omit the subsection, substitute:
5.
A member’s long service leave credits are reduced by every calendar day in the leave period.<br>Note: To avoid doubt, this includes days the member would not normally have worked, such as weekends and public holidays.
16
Subsection 5.5.6.7 (Administrative concepts)
Omit “weekend or public holidays”, substitute “weekend, public holiday or nonworking period”.
17
Section 5.5.8 (How much long service leave?)
Omit the section, substitute:
5.5.8 Long service leave entitlement
A member is entitled to a long service leave credit once the member has completed 10 years of accrued service.See: Division 3 for how service is accrued for long service leave.
Long service leave credits are credited to a member on the completion of the following.
a. 10 years of accrued service.
b. every year of accrued service thereafter.
Note: Credit is not given for part years of accrued service.
Annual long service leave credit is calculated on the following basis.
a. If the member is not on a flexible service determination for any period during a completed year of accrued service, the member earns 0.3 of a month long service leave credit.
b. If the member is on one or more flexible service determinations during a year of accrued service, the member’s long service leave credit for the year is the sum of the long service leave credit for each period.Example: Within one year of accrued service a member was on a flexible service determination for three months, followed by six months not on a flexible service determination, followed by another 2 months on a flexible service determination.The member's long service leave credit for the year is the credit earnt for each period added together.
For the purposes of paragraph 3.b, a member's long service leave credit is calculated using the following formula.
Where:
days is the numbers of days in the period.Example: 1 March – 1 May = 92 days in the period
Hrs is the number of hours worked each week calculated using the following. – Eight hours for any full day of duty. – The number of duty hours under the flexible service determination for any part day.Example: A member works a full day of duty on Monday and Tuesday and three hours of duty on Wednesday. The number of hours for the week is 19 hours.
18 Subsection 5.5.9.1 (How long service leave is granted), exception
Omit the exception and cross reference, substitute:
Exception: The CDF may not grant long service leave for a period the member is on a flexible service determination.See: Section 5.5.8, Long service leave entitlement.
19 Subsection 5.5.26.2 (Payment instead of long service leave), table item 2
Omit "(ie taken from the 'months' column of the table in section 5.5.8.)".
20 Subsection 5.5.26.3 (Payment instead of long service leave)
Omit the subsection, insert:
Long service leave credits for completed months of accrued service are calculated in accordance with the following.
a. For a member who has not been on a flexible service determination since their last long service leave credit anniversary — the following table shows how to work out the credit for completed months of accrued service.
Months of Service
Long service leave as part of a month
1
0.025
2
0.050
3
0.075
4
0.100
5
0.125
6
0.150
7
0.175
8
0.200
9
0.225
10
0.250
11
0.275
b. For a member who has been on a flexible service determination since their last long service leave credit anniversary — the following calculation is used to work out the credit for completed months of accrued service.
Where:
POS is the number of days in the member's pattern of service that they would have expected to complete in the year of accrued service.
If a member is not on a flexible service determination and has completed 12 months' qualifying service, she is entitled to salary for up to 14 weeks of her maternity leave. This table sets out the period of entitlement.
Item
If the member's absence is...
then she is entitled to paid maternity leave for...
1.
more than 14 weeks
the first 14 weeks of the absence. The rest of her absence will be unpaid maternity leave.<br>See: Section 5.6.18, Access to other leave.
2.
less than 14 weeks
the whole of the period.
Note: The period of paid maternity leave will usually overlap a member's period of required absence. However, they are separate matters. Sometimes the two periods can be very different. They must be worked out separately. Required absence is described in Division 3.
Example 1: A member completes her first 12 months of qualifying service, she then becomes pregnant with her first child and takes 14 weeks of paid maternity leave and other types of leave which adds up to her 52 weeks of entitled leave. She comes back to full time service for an additional five months before applying for maternity leave to have her second child. She is entitled to 14 weeks of paid maternity leave for the second child.
Example 2: A member completes her first 12 months of qualifying service, she then becomes pregnant with her first child and takes 14 weeks of paid maternity leave and other types of leave which adds up to her 52 weeks of entitled leave. At the end of the leave she comes back to full time service for two months before leaving the ADF to join a Federal Government department for two years. After the two years she rejoins the ADF and after three months applies for maternity leave to have her second child. She is entitled to 14 weeks of paid maternity leave for the second child.
2A.
If a member is on a flexible service determination, and has completed 12 months' qualifying service, she is entitled to salary for up to 14 weeks of her maternity leave. This table sets out the period of entitlement.
Item
If the member's absence is...
then she is entitled to paid maternity leave for...
1.
more than 14 weeks
her pattern of service for the first 14 weeks of the absence. The rest of her absence will be unpaid maternity leave.<br>See: Section 5.6.18, Access to other leave.
2.
less than 14 weeks
her pattern of service for the whole of the period.
24 Section 5.6.14A (Paid leave for member on a flexible service determination (weeks per month pattern of service))
Omit the section.
25 Section 5.6.15 (Maternity leave at half pay)
Omit the section, substitute:
5.6.15 Maternity leave at half pay
If a member is eligible for paid maternity leave under subsections 5.6.14.2 or 5.6.14A.1, the CDF may grant the member a period of paid maternity leave at a rate of one-half the member's salary.
A grant of paid maternity leave at a rate of one-half the member's salary has either of the following effects.
a. If the grant is for the full period of paid maternity leave — the member will be paid salary at a rate of one-half the member's salary over double the number of weeks of paid maternity leave.
b. If the grant is for a portion of the full period of paid maternity leave — the member will be paid salary at a rate of one-half the member's salary over double the number of weeks of the portion of paid maternity leave.
Item
If a member applies for half pay for...
then she is entitled to...
1.
the full period of paid maternity leave (maximum of 14 weeks subject to qualifying service)<br>See: Division 1 section 5.6.4, Definition of 'qualifying service'.
28 weeks maternity leave at half pay. The remainder of her maternity leave is unpaid.
2.
6 weeks of the full period (a portion of the full period) of paid maternity leave
8 weeks maternity leave at full pay and 12 weeks at half pay. The remainder of her maternity leave is unpaid.
The period that the member receives maternity leave at half pay cannot be more than the period the member takes maternity leave.
26 Subsection 5.6.20.5 (Resuming duty)
Omit the subsection.
27 Section 5.6.33 (Members on part-time leave without pay)
Omit the section.
28 Subsection 5.7.3.1 (Paid parental leave)
After the subsection, insert:
1A. For the purpose of subsection 1, if a member is on a flexible service determination the member may only be granted paid parental leave for their pattern of service.
29 Section 5.7.9 (Return from parental leave)
Omit the section.
30 Subsection 5.8.7.1 (Debiting leave credit)
Omit “Saturdays, Sundays and public holidays”, substitute “weekends, public holidays and nonworking periods”.
31 Section 5.9.5 (Leave not to accrue under this Part)
After the section, insert.
5.9.6 Member on a flexible service determination
For a member on a flexible service determination, leave under this Part can only be taken during the member’s pattern of service.
32
Section 5.10.2 (Contents)
Omit the entries for Division 2 and Division 3.
33
Section 5.10.5A (Leave without pay (flexible service determination))
Omit the section.
34
Subsection 5.10.6.1 (Allowances during leave without pay), exception
Omit the exception.
35
Chapter 5 Part 10 Division 2 (Part-time leave without pay)
Omit the Division.
36
Chapter 5 Part 10 Division 3 (Part-time leave without pay for members overseas)
Omit the Division.
37
Section 5.11.5 (Approval of absence)
Omit the section, substitute:
5.11.5 Approval of absence
A decision maker may grant a member short absence from duty if they consider that both the following conditions are met.
a. The member needs the absence for either of the following reasons.
i. To rest and recover from long or unusual duty.
ii. To attend to urgent personal matters. This is only if Service requirements prevent the member from dealing with the matter without the short absence.
Non-examples: Short absence cannot be granted for any purpose other than the two listed above. Examples of other reasons where short absence from duty cannot be granted are as follows.
i. As a reward for a job well done.
ii. To attend to urgent personal requirements when there was no Service requirement stopping the member from doing the task in their own time.
b. There is no form of leave that can reasonably be used to provide the member with leave for the period. In considering what is reasonable the following considerations are relevant.
i. It is not reasonable to grant a member short absence from duty for an urgent personal matter if the member has recreation or other paid leave available.
ii. Leave without pay does not need to be considered.See: Part 10 Division 1, Leave without pay
iii. Any other factors relevant to the reasonable use of leave.
Examples:
i. Recreation leave might be reasonable in a range of situations, for example if a member has a recreation leave credit and who needs to attend to a personal issue.
ii. Carer's leave is reasonable to use to care for a sick dependant.
iii. Maternity or parental leave is reasonable to use following the birth of a child.
Non-example: Recreation leave would not be reasonable for a member who needs to be absent for less than a day. Recreation leave cannot be granted for less than a day.
Short absence from duty may not be granted for a period immediately before or after a period of recreation leave unless either of the following conditions are met.
a. The decision maker considers that exceptional circumstances apply.
b. Section 5.11.6 applies.See: Section 5.11.6, Short absence from duty and additional recreation leave.
3.
If a member is on a flexible service determination, leave under this Part can only be granted a short absence from duty for a period during the member's pattern of service.
Schedule 6—Chapter 6
Defence Determination 2016/19, Conditions of service
1 Section 6.5.5 (Members not eligible for a removal)
At the end of the section, insert:
f. If a member is on a flexible service determination and chooses to vacate the member's accommodation during a nonworking period.
g. If a member is on a flexible service determination and both of the following apply.
i. The member had previously chosen to vacate their accommodation during a nonworking period.
ii. The member returns to accommodation at the posting location.
Schedule 7—Chapter 7: ADF housing and meals
Defence Determination 2016/19, Conditions of service
1
Section 7.1.7 (Allowance not payable)
Omit the section, substitute:
7.1.7 Allowance not payable
A member is not eligible for an allowance or reimbursement under this Chapter for any period the member is not entitled to salary.
Exceptions: 1. If the CDF has approved payment of an allowance during all or part of a period of leave without pay under subsection 7.8.34.3 or subsection 5.10.6.2. 2. A member who is on a flexible service determination.
2
Section 7.1.14 (Definitions)
After the definition of "HomeFind", insert:
Incomplete cycle
If a member does not complete a member's cycle, it is the part of the cycle that has been completed.
Member's cycle
is the repetitive pattern in the member’s flexible service determination that consists of the pattern of service and nonworking periods.
3 Paragraph 7.1.22.1.c (CDF may approve a house-hunting trip)
Omit the paragraph, substitute:
c. At least one of these conditions applies.
i. The member has been granted leave for the trip.
ii. The member will be on a nonworking period during the trip.
4 Paragraph 7.3.12.1.c (Conditions of eligibility)
Omit the paragraph, substitute:
c. On the day the contract for purchase is signed, the member is expected to serve at the posting location where the member purchased the home for 12 months after the date the contract for purchase is signed.
5 Section 7.4.26 (Member on part-time leave without pay)
Omit the section.
6
Subsection 7.4.27.1 (Member on leave without pay)
Omit "It does not apply to a member granted part-time leave without pay or leave without pay (flexible service determination).".
7
Section 7.4.27A (Contribution for a member on a flexible service determination)
Omit the section, substitute:
7.4.27A Member on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is on a flexible service determination.
b. The member is not a member with dependants (unaccompanied).See: Section 7.4.27B, Member with dependants (unaccompanied) on a flexible service determination.
c. The member lives in living-in accommodation at the gaining location.
Subject to subsection 3, a member pays the rate of contribution that applies to the member’s circumstances under Annex 7.4.B for living-in accommodation.
The rate of contribution is 150% of the rate that would have been payable by the member under subsection 2 for the following periods.
a. Unless subsection b applies, the period commencing on the 29th day of a continuous nonworking period and ending on the last day of the same nonworking period.Note: This applies to each nonworking period.
b. The whole period of the member’s flexible service determination if the total number of days that are the member’s pattern of service in the member's flexible service determination is either of the following.
i. If a period in the flexible service determination that is one year — less than 130 days.
ii. If a period in the flexible service determination that is part of a year — less than the number of days calculated using the following formula.
Where:
POS is the number of days in the members pattern of service for the part of the year.
If the member's pattern of service changes for a reason specified in the flexible service determination and the member has an incomplete cycle, either of the following applies.
a. If the member's contribution decreases, the member must be reimbursed the difference between the following two amounts.
i. The contribution that the member has paid for the member's cycle.
ii. The contribution that the member would have paid for the member's incomplete cycle under the changed pattern of service.
b. If the member's contribution increases, the member is not required to repay any amount to the Commonwealth for the incomplete cycle.
7.4.27B Member with dependants (unaccompanied) on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is a member with dependants (unaccompanied).
b. The member is on a flexible service determination.
c. The member lives in living-in accommodation at the gaining location.
A member's may be required to pay a contribution if they meet one of the following conditions.
a. The member has a continuous nonworking period that exceeds 28 days.
b. The total number of days that are the member’s pattern of service in the member's flexible service determination is either of the following.
i. If a period in the flexible service determination that is one year — less than 130 days.
ii. If a period in the flexible service determination that is part of a year — less than the number of days calculated using the following formula.
Where:
POS is the number of days in the member's pattern of service for the portion of the year.
If subsection 2 applies, the member must make a contribution towards their living in accommodation for each weekday in the member's nonworking period. The member's contribution is calculated as follows.
Where:
NWP is the number of weekdays during the member's nonworking period in the pay fortnight.
C is the fortnightly contribution rate set for the member's rank and circumstances in Annex 7.4.B that would apply to the member if they were categorised as a member without dependants and not on a flexible service determination.
If the member's pattern of service changes for a reason specified in the flexible service determination and the member has an incomplete cycle, either of the following applies.
a. If the member's contribution decreases, the member must be reimbursed the difference between the following two amounts.
i. The contribution that the member has paid for the member's cycle.
ii. The contribution that the member would have paid for the member's incomplete cycle under the changed pattern of service.
b. If the member's contribution increases, the member is not required to repay any amount to the Commonwealth for the incomplete cycle.
7.4.27C If a flexible service determination ends early
This section applies to a member who meets both of the following criteria.
a. The member pays a contribution for living-in under either of the following sections.
i. Section 7.4.27A, for a member on a flexible service determination.
ii. Section 7.4.27B, for a member with dependants (unaccompanied) on a flexible service determination.
b. The member's flexible service determination ends before the end date specified in the flexible service determination.
If the member has an incomplete cycle, the following table applies.
Item If the contribution the member would have paid for the incomplete cycle is... and the flexible service determination was ended... then...
higher than what the member has paid for the member's cycle on request from the member the member must pay to the Commonwealth the difference between the following two amounts.a. The contribution that the member has paid for the member's cycle.b. The contribution that the member should have paid for the member's incomplete cycle.
less than what the member has paid for the member's cycle on request from the member the member must be reimbursed the difference between the following two amounts.a. The contribution that the member has paid for the member's cycle.b. The contribution that the member should have paid for the member's incomplete cycle.
less than what the member has paid for the member's cycle for Service reasons or a reason set out in the flexible service determination
higher than what the member has paid for the member's cycle for Service reasons or a reason set out in the flexible service determination the member is not required to pay any amount to the Commonwealth.
See: Part 1 Division 3 section 7.1.14, for the definitions of incomplete cycle and member's cycle.
8 Paragraph 7.4.32.1.b (Members who do not pay to live in)
Omit the paragraph, substitute:
b. A member with dependants (unaccompanied) who is not on a flexible service determination.
9 Subsection 7.6.41.2 (Contribution for Service residence or rent band choice home), table item 4
After the table item, insert:
5.
a member with dependants (unaccompanied)
living in the gaining location and their dependants are living in a Service residence or a rent band choice home
Item 1 of this table for the Service residence or a rent band choice home occupied by the member's dependants.
6.
a member with dependants (unaccompanied) on a flexible service determination
living in the gaining location and their dependants are living in a Service residence or a rent band choice home
Both of the following.<br>Item 1 of this table for the Service residence or a rent band choice home occupied by the member's dependants.Section 7.6.55B, Member with dependants (unaccompanied) on a flexible service determination
10 Subsection 7.6.50.2 (Member on leave without pay)
Omit the subsection, substitute:
This section does not apply to a member on the following types of leave.
a. Maternity leave.
b. Parental leave.
11 Section 7.6.51 (Member on part-time leave without pay)
Omit the section.
12
Section 7.6.55A (Contribution for member on a flexible service determination)
Omit the section, substitute:
7.6.55A Contribution for member on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is on a flexible service determination.
Exception: A member on a flexible service determination who has an adult dependant who is also a member and that dependant is not on a flexible service determination. The contribution rate that the member must pay remains unchanged
b. Either of the following applies.
i. The member lives in a Service residence or a rent band choice home.
ii. The member is a member with dependants (unaccompanied) and the member's dependants live in a Service residence or a rent band choice home.
c. The member is required to make a contribution for a Service residence or rent band choice home under this Division.
Subject to subsection 3, a member pays the rate of contribution that applies to the member's circumstances under Annex 7.A for a Service residence or rent band choice home.
The rate of contribution is 150% of the rate that would have been payable by the member under subsection 2 for the following periods.
a. Unless paragraph b applies, the period commencing on the 29th day of a continuous nonworking period and ending on the last day of the same nonworking period.Note: This applies to each nonworking period.
b. The whole period of the member’s flexible service determination if the total number of days that are the member’s pattern of service in the member's flexible service determination is either of the following.
i. If a period in the flexible service determination that is one year — less than 130 days.
ii. If a period in the flexible service determination that is part of a year — less than the number of days calculated using the following formula.
Where:
POS is the number of days in the members pattern of service for the part of the year.
For subsection 2, if the member is living in a Service residence or a rent band choice home that is above or below their rank group, the contribution rate in Annex 7.A is the relevant of the following.
a. The Service residence or rent band choice home is above the member's rank group by choice — the contribution is under Annex 7.A Part 2.
b. The Service residence or rent band choice home is below the member's rank group — the contribution rate is under Annex 7.A Part 1 and is the one listed for the lower rank group.
If the member's pattern of service changes for a reason specified in the flexible service determination and the member has an incomplete cycle, either of the following applies.
a. If the member's contribution decreases, the member must be reimbursed the difference between the following two amounts.
i. The contribution that the member has paid for the member's cycle.
ii. The contribution that the member would have paid for the member's incomplete cycle under the changed pattern of service.
b. If the member's contribution increases, the member is not required to repay any amount to the Commonwealth for the incomplete cycle.
If the member's flexible service determination is varied for Service reasons, the member will be reimbursed the difference between the following two amounts.
a. The contribution that the member has paid during the period of the variation.
b. The contribution that the member would have paid during the period of the variation.
7.6.55B Member with dependants (unaccompanied) on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is a member with dependants (unaccompanied).
b. The member is on a flexible service determination.
c. The member lives in a surplus Service residence at the gaining location.
A member's may be required to pay a contribution if they meet one of the following conditions.
a. The member has a nonworking period that exceeds 28 continuous days.
b. The total number of days that are the member’s pattern of service in the member's flexible service determination is either of the following.
i. If a period in the flexible service determination that is one year — less than 130 days.
ii. If a period in the flexible service determination that is part of a year — less than the number of days calculated using the following formula.
Where:
POS is the number of days in the members pattern of service for the part of the year.
If subsection 2 applies, the member must make a contribution towards surplus Service residence at the gaining location for each weekday in the member's nonworking period. The member's contribution is calculated as follows.
Where:
NEF is the number of weekdays during the members nonworking period in the pay fortnight.
C is the fortnightly contribution rate set for the member's rank and circumstances in Annex 7.A that would apply to the member if they were categorised as a member without dependants and not on a flexible service determination.See: Division 8 section 7.6.41, Contribution for Service residence or rent band choice home, table item 2.
If the member's pattern of service changes for a reason specified in the flexible service determination, and the member has an incomplete cycle, the following applies.
a. If the member's contribution decreases, the member must be reimbursed the difference between the following two amounts.
i. The contribution that the member has paid for the member's cycle.
ii. The contribution that the member would have paid for the member's incomplete cycle under the changed pattern of service.
b. If the member's contribution increases, the member is not required to repay any amount to the Commonwealth for the incomplete cycle.
If the member's flexible service determination is varied for Service reasons, the member will be reimbursed the difference between the following two amounts.
a. The contribution amount that the member has paid during the period of the variation.
b. The contribution rate that the member would have paid under Annex 7.A during the period of the variation.
7.6.55C If a flexible service determination ends early
This section applies to a member who meets both of the following criteria.
a. The member pays a contribution for a Service residence under either of the following sections.
i. Section 7.6.55A, for a member on a flexible service determination.
ii. Section 7.6.55B, for a member with dependants (unaccompanied) on a flexible service determination.
b. The member's flexible service determination ends before the end date specified in the flexible service determination.
2.
If the member has an incomplete cycle, the following table applies.
Item If the contribution the member would have paid for the incomplete cycle is... and the flexible service determination was ended... then...
higher than what the member has paid for the member's cycle on request from the member the member must pay to the Commonwealth the difference between the following two amounts.a. The contribution that the member has paid for the member's cycle.b. The contribution that the member should have paid for the member's incomplete cycle.
less than what the member has paid for the member's cycle on request from the member the member must be reimbursed the difference between the following two amounts.a. The contribution that the member has paid for the member's cycle.b. The contribution that the member should have paid for the member's incomplete cycle.
less than what the member has paid for the member's cycle for Service reasons or a reason set out in the flexible service determination
higher than what the member has paid for the member's cycle for Service reasons or a reason set out in the flexible service determination the member is not required to pay any amount to the Commonwealth.
See: Part 1 Division 3 section 7.1.14, for the definitions of incomplete cycle and member's cycle.
13
Section 7.7.14.2 (Contributions for accommodation), table
Omit item 4, substitute:
4.
a member with dependants (unaccompanied) not on a flexible service determination
for the accommodation they occupy in the gaining location, either of the following:<br>a. if the member accepts an offer of accommodation above their rent ceiling, under subsection 7.7.12.1, the difference between the contribution for their rank group under Annex 7.D Part 2 and<br>the rent ceiling that applies to the member’s circumstances.<br>b. if the member accepts an offer of accommodation at or below their rent ceiling, under subsection 7.7.12.1, no contribution.
5.
a member with dependants (unaccompanied) on a flexible service determination
for the accommodation they occupy in the gaining location, the amount required under 7.7.14B.
14
Section 7.7.14A (Contribution for member on a flexible service determination)
Omit the section, substitute:
7.7.14A Contribution for member on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is on a flexible service determination.
b. The member is required to make a contribution for rent under section 7.7.14.
c. The member is not a member with dependants (unaccompanied).
Subject to subsection 3, a member pays the rate of contribution that applies to the member's circumstances under Annex 7.D for rented accommodation.
The rate of contribution is 150% of the rate that would have been payable by the member under subsection 2 for the following periods.
a. Unless subsection b applies, the period commencing on the 29th day of a continuous nonworking period and ending on the last day of the same nonworking period.Note: This applies to each nonworking period.
b. The whole period of the member’s flexible service determination if the total number of days that are the member’s pattern of service in the member's flexible service determination is either of the following.
i. If a period in the flexible service determination that is one year — less than 130 days.
ii. If a period in the flexible service determination that is part of a year — less than the number of days calculated using the following formula.
Where:
POS is the number of days in the members pattern of service for the part of the year.
If the member's pattern of service changes for a reason specified in the flexible service determination, and the member has an incomplete cycle, either of the following applies.
a. If the member's contribution decreases, the member must be reimbursed the difference between the following two amounts.
i. The contribution that the member has paid for the member's cycle.
ii. The contribution that the member would have paid for the member's incomplete cycle under the changed pattern of service.
b. If the member's contribution increases, the member is not required to repay any amount to the Commonwealth for the incomplete cycle.
If the member's flexible service determination is varied for Service reasons, the member will be reimbursed the difference between the following two amounts.
a. The contribution amount that the member has paid during the period of the variation.
b. The contribution rate that the member would have paid under Annex 7.D during the period of the variation.
7.7.14B Member with dependants (unaccompanied) on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is a member with dependants (unaccompanied).
b. The member is on a flexible service determination.
A member's may be required to pay a contribution if they meet one of the following conditions.
a. The member has a nonworking period that exceeds 28 continuous days.
b. The total number of days that are the member’s pattern of service in the member's flexible service determination is either of the following.
i. If a period in a flexible service determination that is one year — less than 130 days.
ii. If a period in a flexible service determination that is part of a year — less than the number of days calculated using the following formula.
Where:
POS is the number of days in the members pattern of service for the part of the year.
If subsection 2 applies, the member must make a contribution towards accommodation for each weekday in the member's nonworking period. The member's contribution is calculated as follows.
Where:
NWP is the number of weekdays during the members nonworking period in the pay fortnight.
C the fortnightly contribution rate set for the member's rank and circumstances in Annex 7.D that would apply to the member if they were categorised as a member without dependants and not on a flexible service determination.
If the member's pattern of service changes for a reason specified in the flexible service determination, and the member has an incomplete cycle, either of the following applies.
a. If the member's contribution decreases, the member must be reimbursed the difference between the following two amounts.
i. The contribution that the member has paid for the member's cycle.
ii. The contribution that the member would have paid for the member's incomplete cycle under the changed pattern of service.
b. If the member's contribution increases, the member is not required to repay any amount to the Commonwealth for the incomplete cycle.
If the member's flexible service determination is varied for Service reasons, the member will be reimbursed the difference between the following two amounts.
a. The contribution amount that the member has paid during the period of the variation.
b. The contribution rate that the member would have paid under Annex 7.D during the period of the variation.
7.7.14C When a flexible service determination ends early
This section applies to a member who meets both of the following criteria.
a. The member pays a contribution for accommodation under either of the following sections.
i. Section 7.7.14A, for a member on a flexible service determination.
ii. Section 7.7.14B, for a member with dependants (unaccompanied) on a flexible service determination.
b. The member's flexible service determination ends before the end date specified in the flexible service determination.
If the member has an incomplete cycle, the following table applies.
Item If the contribution the member would have paid for the incomplete cycle is... and the flexible service determination was ended... then...
higher than what the member has paid for the incomplete cycle on request from the member the member must pay to the Commonwealth the difference between the following two amounts.a. The contribution that the member has paid for the member's cycle.b. The contribution that the member should have paid for the member's incomplete cycle.
less than what the member has paid for the incomplete cycle on request from the member the member must be reimbursed the difference between the following two amounts.a. The contribution that the member has paid for the member's cycle.b. The contribution that the member should have paid for the member's incomplete cycle.
less than what the member has paid for the incomplete cycle for Service reasons or a reason set out in the flexible service determination
higher than what the member has paid for the incomplete cycle for Service reasons or a reason set out in the flexible service determination the member is not required to pay any amount to the Commonwealth.
See: Part 1 Division 3 section 7.1.14, for the definitions of incomplete cycle and member's cycle.
15
Section 7.7.18 (Exemptions from contributions)
Omit the section, substitute:
7.7.18 Exemptions from contributions
A member without dependants is not required to make a contribution towards their rent for a period the member satisfies any the criteria of the table at section 7.8.18.
16 Subsection 7.7.19.2 (Contributions for member on leave without pay)
Omit the subsection, substitute:
This section does not apply to a member on the following types of leave.
a. Maternity leave.
b. Parental leave.
17 Section 7.7.20 (Contribution for member on part-time leave without pay)
Omit the section.
18 Section 7.8.17.1 (Contribution for rented home)
Omit the subsection, substitute:
Subject to subsection 1A and section 7.8.18, a member who gets rent allowance must pay a contribution toward the cost of the rent.
1A. A member with dependants (unaccompanied) must pay a contribution towards the cost of their rent for the following.
a. A home for which rent allowance is payable that the member's dependants live in.
b. If the member is on a flexible service determination for a rented home the member lives in at the gaining location. See: Division 8 section 7.8.18B, Member with dependants (unaccompanied) on a flexible service determination
19
Section 7.8.18 (When rent contribution ceases for a member without dependants)
After the section, insert:
7.8.18A Rent contribution for member on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is on a flexible service determination.
Exception: A member on a flexible service determination who has an adult dependant who is also a member and that dependant is not on a flexible service determination. The contribution rate that the member must pay remains unchanged
b. The member is required to make a contribution for rent under section 7.8.17.
Subject to subsection 3, a member pays the rate of contribution that applies to the member's circumstances under Annex 7.D for rented accommodation.
The rate of contribution is 150% of the rate that would have been payable by the member under subsection 2 for the following periods.
a. Unless subsection b applies, the period commencing on the 29th day of a continuous nonworking period and ending on the last day of the same nonworking period.Note: This applies to each nonworking period.
b. The whole period of the member’s flexible service determination if the total number of days that are the member’s pattern of service in the member's flexible service determination is either of the following.
i. If a period in a flexible service determination that is one year — less than 130 days.
ii. If a period in a flexible service determination that is part of a year — less than the number of days calculated using the following formula.
Where:
POS is the number of days in the members pattern of service for the part of the year.
If the member's pattern of service changes for a reason specified in the flexible service determination and the member has an incomplete cycle, either of the following applies.
a. If the member's contribution decreases, the member must be reimbursed the difference between the following two amounts.
i. The contribution that the member has paid for the member's cycle.
ii. The contribution that the member would have paid for the member's incomplete cycle under the changed pattern of service.
b. If the member's contribution increases, the member is not required to repay any amount to the Commonwealth for the incomplete cycle.
If the member's flexible service determination is varied for Service reasons, the member will be reimbursed the difference between the following two amounts.
a. The contribution amount that the member has paid during the period of the variation.
b. The contribution rate that the member would have paid under Annex 7.D during the period of the variation.
7.8.18B Rent contribution for member with dependants (unaccompanied) on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is a member with dependants (unaccompanied).
b. The member is on a flexible service determination.
c. The member lives in a rented home at the gaining location.
A member's may be required to pay a contribution if they meet one of the following conditions.
a. The member has a nonworking period that exceeds 28 continuous days.
b. The total number of days that are the member’s pattern of service in the member's flexible service determination is either of the following.
i. If a period in a flexible service determination that is one year — less than 130 days.
ii. If a period in a flexible service determination that is part of a year — less than the number of days calculated using the following formula.
Where:
POS is the number of days in the members pattern of service for the part of the year.
If subsection 2 applies, the member must make a contribution towards their living in accommodation for each weekday in the member's nonworking period. The member's contribution is calculated as follows.
Where:
NWP is the number of weekdays during the members nonworking period in the pay fortnight.
C is the fortnightly contribution rate set for the member's rank and circumstances in Annex 7.D that would apply to the member if they were categorised as a member without dependants and not on a flexible service determination.
If the member's pattern of service changes for a reason specified in the flexible service determination and the member has an incomplete cycle, either of the following applies.
a. If the member's contribution decreases, the member must be reimbursed the difference between the following two amounts.
i. The contribution that the member has paid for the member's cycle.
ii. The contribution that the member would have paid for the member's incomplete cycle under the changed pattern of service.
b. If the member's contribution increases, the member is not required to repay any amount to the Commonwealth for the incomplete cycle.
If the member's flexible service determination is varied for Service reasons, the member will be reimbursed the difference between the following two amounts.
a. The contribution amount that the member has paid during the period of the variation.
b. The contribution rate that the member would have paid under Annex 7.D during the period of the variation.
7.8.18C If a flexible service determination ends early
This section applies to a member who meets both of the following criteria.
a. The member pays a contribution for rented accommodation under either of the following sections.
i. Section 7.8.18A, for a member on a flexible service determination.
ii. Section 7.8.18B, for a member with dependants (unaccompanied) on a flexible service determination.
b. The member's flexible service determination ends before the end date specified in the flexible service determination.
2.
If the member has an incomplete cycle, the following table applies.
Item If the contribution the member would have paid for the incomplete cycle is... and the flexible service determination was ended... then...
higher than what the member has paid for the incomplete cycle on request from the member the member must pay to the Commonwealth the difference between the following two amounts.a. The contribution that the member has paid for the member's cycle.b. The contribution that the member should have paid for the member's incomplete cycle.
less than what the member has paid for the incomplete cycle on request from the member the member must be reimbursed the difference between the following two amounts.a. The contribution that the member has paid for the member's cycle.b. The contribution that the member should have paid for the member's incomplete cycle.
less than what the member has paid for the incomplete cycle for Service reasons or a reason set out in the flexible service determination
higher than what the member has paid for the incomplete cycle for Service reasons or a reason set out in the flexible service determination the member is not required to pay any amount to the Commonwealth.
See: Part 1 Division 3 section 7.1.14, for the definitions of incomplete cycle and member's cycle.
20 Subsection 7.8.34.2 (Member on leave without pay)
Omit the subsection, substitute:
This section does not apply to a member on one of the following types of leave.
a. Maternity leave.
b. Parental leave.
21 Section 7.8.35 (Member on part-time leave without pay)
Omit the section.
22 Paragraph 7.9.5.2.b (Casual meal charges)
After the paragraph, insert:
Exception: A member on a flexible service determination while they are on a nonworking period.
23
Subsection 7.9.5.3 (Casual meal charges), table
Omit the table, substitute:
Item
For a member who is...
The casual meal charge for breakfast is... ($)
The casual meal charge for lunch is... ($)
The casual meal charge for dinner is... ($)
1.
not on leave without pay.
5.00
7.50
7.00
2.
on a nonworking period or leave without pay and one of the following apply.<br>a. the member is a Corporal or lower. b. the member is a trainee.
14.00
14.00
25.85
3.
on a nonworking period or leave without pay and one of the following apply.<br>a. the member is a Sergeant or higher. b. the member is an Officer (other than a trainee).
22.60
23.70
43.10
4.
on a nonworking period or leave without pay and the mess does not provide steward service.
14.00
14.00
25.85
24 Paragraph 7.9.6.1.c (Fortnightly meal charges)
Omit "Exception: A member on part-time leave without pay.".
25 Paragraph 7.10.4.1.b (Eligible member – reimbursement for utilities)
Omit paragraph and substitute:
b. Utilities, up to one of the following amounts.
i. If the member is not on a flexible service determination — the member may be reimbursed up to a maximum of $71.32 a fortnight.
ii. If the member is on a flexible service determination — the member may be reimbursed an amount calculated as follows.
Where:
NWP is the number of days in the nonworking period in the pay fortnight.
U is the fortnightly utilities reimbursement amount specified in paragraph 7.10.4.1.b.
26 Subsection 7.10.9.1 (Contribution for utilities – member living in)
At the start of the subsection, insert "Subject to section 7.10.9A,".
27 Section 7.10.9 (Contribution for utilities – member living in)
After the section, insert:
7.10.9A Contribution for utilities – member living in on a flexible service determination
This section applies to a member who meets all of the following conditions.
a. The member is a member with dependants (unaccompanied).
b. The member is on a flexible service determination.
c. The member lives in.
The member must pay a fortnightly utilities contribution for their nonworking period. The contribution is calculated as follows.
Where:
NWP is the number of days in the nonworking period in the pay fortnight.
C is the fortnightly utilities contribution amount specified in section 7.10.9.1.
Schedule 8—Chapter 9
Defence Determination 2016/19, Conditions of service
1 Paragraph 9.3.29.1.d (Members eligible for reunion travel)
Omit the paragraph, substitute:
d. Any of the following apply for the duration of the reunion.
i. The member has enough leave credit.
ii. The member is on a nonworking period.
iii. The member is on short absence.
iv. A combination of the above.
2 Subsection 9.3.30.5 (Frequency and cost of reunion travel)
After the subsection, insert:
Note: The maximum number of annual reunion visits a member on a flexible service determination may apply for is reduced under section 9.3.30A.
3 Section 9.3.30 (Frequency and cost of reunion travel)
After the section, insert:
9.3.30A Frequency of reunion travel for member on a flexible service determination
1.
This section applies to a member on a flexible service determination.
2.
An eligible member on a flexible service determination may apply for a maximum number of reunion visits a year as set out in the following table. This is pro-rated for a part year.
Item
If the percentage of normal full time duty is ...
a member may apply for...
1.
less than 25%
a maximum of 2 reunion travel visits a year.
2.
25% to 50%
a maximum of 3 reunion travel visits a year.
3.
more than 50% and less than 75%
a maximum of 4 reunion travel visits a year.
4.
75% to less than 100%
a maximum of 5 reunion travel visits a year.
3.
For the purpose of subsection 2, the percentage of the member's normal full time duty is calculated using the formula.
POS is the number of days in the member's pattern of service over the life of the flexible service determination, calculated in accordance with subsection 4.
Days is the total number of days over the life of the flexible service determination.
To calculate the number of days in the member's pattern of service over the life of the flexible service determination, both the following apply.
a. Each full day of duty in a fortnight.
b. Each combination of part days of duty in a fortnight that add up to eight hours.
If a member’s pattern of service is varied, the number of reunion visits is to be recalculated in accordance with subsection 2. Note: A recalculation is not undertaken if the variation is for 28 or less continuous days.
If a member's flexible service determination is ended for Service reasons with at least three months remaining in a year, the member is eligible to apply for a maximum of six reunion travel visits in that year.
If a member ends their flexible service determination with at least six months remaining in a year, the member is eligible to apply for a maximum of six reunion travel visits in that year.
Schedule 9—Chapter 10
Defence Determination 2016/19, Conditions of service
1
Section 10.1.4 (Uniform allowance rates)
At the end of the section, insert:
Note: The method for calculating the daily rate of the allowance is provided in Chapter 3 Part 2 Division 1.
2
Section 10.1.5 (Allowance for member on a flexible service determination (weeks per month pattern of service))
Omit the section.
Schedule 10—Chapter 11
Defence Determination 2016/19, Conditions of service
1 Subsection 11.3.3.2 (Bereavement payment)
Omit the subsection, insert:
This section applies to a member who dies, and who satisfied either of the following conditions during all or part of the relevant pay period.
a. The member was on continuous full-time service and salary was payable.
b. The member was on a flexible service determination.
2 Subsection 11.3.3.3 (Bereavement payment)
Omit the subsection, substitute:
If a member dies, the amount payable is either of the following.
a. For a member not on a flexible service determination — the payment is four times the member's gross fortnightly pay.
b. For a member on a flexible service determination — the payment is four times the member’s gross fortnightly pay that would have been payable if the member was not on a flexible service determination.
See: Chapter 1 Part 6 section 1.6.4, Payment of amounts on death of a member.
Schedule 11—Chapter 14
Defence Determination 2016/19, Conditions of service
1
Section 14.1.2 (Member this Chapter applies to)
Omit the section.
2
Section 14.1.3 (Member this Chapter does not apply to)
Omit the section and substitute:
14.1.3 Member this Chapter does not apply to
This chapter does not apply to a member if any of the following conditions apply.
a. They are not entitled to salary.
b. They are on a scholarship, bursary or endowment for studying overseas from an organisation other than the Commonwealth. Example: Rhodes Scholarship.
c. They are on short term duty overseas.
Schedule 12—Chapter 15
Defence Determination 2016/19, Conditions of service
1
Section 15.1.2 (Member this Chapter applies to)
Omit the section.
2
Section 15.1.3 (Member this Chapter does not apply to)
Omit the section, substitute:
15.1.3 Member this Chapter does not apply to
This chapter does not apply to a member if any of the following conditions apply.
a. They are not entitled to salary.
b. They are on a scholarship, bursary or endowment for studying overseas from an organisation other than the Commonwealth. Example: Rhodes Scholarship.
c. They are on short term duty overseas.
Schedule 13—Savings
Defence Determination 2016/19, Conditions of service
1 Savings
a. This section applies to a member who was on part-time leave without pay immediately before the commencement of this schedule.
b. The operation of Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of this Determination, is not affected.
2 Transitional arrangements
This section applies to member to whom section 1 applies.
a. If the member is eligible for a benefit under the saved provisions of Defence Determination 2016/19, Conditions of service, and the rate of the benefit is changed subsequent to the commencement of this schedule, the member is eligible for the benefit at the new rate.
b. If the member is required to pay a contribution towards a benefit under the saved provisions of Defence Determination 2016/19, Conditions of service, and the rate of the contribution is changed subsequent to the commencement of this schedule, the member is liable to pay the contribution at the new rate.
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Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15)
I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 17 April 2018
F L McSPEERIN
Assistant Secretary People Policy and Employment Conditions Defence People Group
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Chapter 1 2
Schedule 2—Chapter 2 4
Schedule 3—Chapter 3 5
Schedule 4—Chapter 4 10
Schedule 5—Chapter 5 14
Schedule 6—Chapter 6 27
Schedule 7—Chapter 7 28
Schedule 8—Chapter 9 48
Schedule 9—Chapter 10 50
Schedule 10—Chapter 11 51
Schedule 11—Chapter 14 52
Schedule 12—Chapter 15 53
Schedule 13—Savings and transitional arrangements 54
1 Name
This instrument is the Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15)
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 of this instrument and anything in this instrument not elsewhere covered by this table The day after this instrument is registered.
Schedules 1 – 13 to this instrument A day to be fixed by Assistant Secretary People Policy and Employment Conditions (the Minister's delegate) by notifiable instrument.However, if the provisions do not commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.
Reframes leave rules so that members on an FSD may only take leave during their pattern of service, and many leave accruals and grant rules are adjusted to operate on a pro rata or daily-rate basis (see multiple amendments in Schedule 5, e.g. 5.4.8, 5.4.33, 5.9.6).
Alters eligibility and payment periods for various allowances when a member is on a nonworking period; several allowances cease to be payable during continuous nonworking periods beyond a specified duration (commonly 28 days), e.g. ADF district allowance (4.4.7(2)), Port Wakefield allowance (4.4.19(1A)), Antarctic allowance (4.4.32(1A)). Some allowances are converted to daily rates and payable only for days on which salary is payable (3.2.7A, 4.6.6.4).
Sets out higher contributions and other charges where a member on an FSD occupies or vacates accommodation, including a 150% contribution rate for some accommodation and rent circumstances from day 29 of a continuous nonworking period (see 7.4.27A(3), 7.6.55A(3), 7.7.14A(3), 7.8.18A(3)). It provides detailed formulae for contributions where dependants remain in accommodation while the member is on nonworking duty (e.g. 7.4.27B(3), 7.7.14B(3), 7.8.18B(3)).
Modifies administrative processes: who can grant leave (5.4.33(2) sets ranks), how applications are to be processed electronically (5.4.33(3)), and how incomplete cycles are handled where patterns change (reimbursement or recovery mechanisms across housing and accommodation sections).
Provides savings and transitional arrangements for members who were on part-time leave without pay immediately before commencement; saved provisions continue to apply to those members but rates and contributions may be changed in line with the new Determination (Schedule 13).
The instrument also contains commencement mechanics. Sections 1 to 4 commence the day after registration, while Schedules 1 to 13 commence on a day fixed by the Assistant Secretary People Policy and Employment Conditions by notifiable instrument; if not commenced within 12 months they are repealed (Commencement table, Schedule 2 commentary). The instrument repeatedly cross-references to other Defence Determinations (for example DFRT Determination No. 2 of 2017, Salaries) and to administrative instruments such as Accountable Authority Instructions under section 20A of the Public Governance, Performance and Accountability Act 2013 (noted in 1.5.4A(2) note).
The official rationale is not stated within the text as a policy justification, but the amendments create a consistent framework to administer pay, leave, allowances and housing contributions for members whose service is fragmented by patterned nonworking periods. The remainder of this deep dive sets out the main concepts, affected populations, duties and rights, enforcement mechanisms, interactions with other laws and practical compliance points, and highlights implementation risks and operational "gotchas" that arise directly from the amended Determination. All references below cite the sections and schedules in this instrument.
Main concepts
Core terms and concepts are introduced or redefined across multiple schedules. Three primary ideas structure the regime: pattern of service, nonworking period, and member's cycle.
Pattern of service, defined at substituted section 1.3.50A, "means the hours of duty or periods of duty prescribed under a flexible service determination." That is the unit of entitlements and the base for calculating pay, leave accruals and effective service (1.3.50A).
Nonworking period, defined at substituted section 1.3.45A, is "the period that is not the member's pattern of service." Practically this separates entitlement windows: many benefits and allowances are payable only for days in the pattern of service, while nonworking periods are treated as periods where salary may not be payable and where different contribution or eligibility rules apply (1.3.45A; numerous later references).
Member's cycle and incomplete cycle, added into Chapter 7 (7.1.14), describe the repetitive pattern comprising pattern-of-service blocks and nonworking periods. The "incomplete cycle" is the part of a cycle completed when a pattern of service changes mid-cycle. Multiple sections provide a reconciliation mechanism when an FSD changes mid-cycle so that contributions paid or payable are adjusted and any overpayments or underpayments reimbursed or recovered (see e.g. 7.4.27A(4), 7.6.55A(5)).
Payment administration:
Chapter 3 introduces a distinct payroll regime for members on an FSD. Section 3.2.7A prescribes how daily rates for annual salary and specified allowances are worked out using a formula included in the instrument. It directs that salary and allowances are paid each fortnight at the daily rate for each full day of duty and for combinations of part-days adding to eight hours (3.2.7A(5)). It also imposes a cap: the maximum fortnightly rate payable to a member on an FSD must not exceed the fortnightly rate of a member not on an FSD (3.2.7A(3)). For allowances not covered by that special formula, the standard daily rate rule remains that the annual rate is divided by 365 (3.2.7(2), 3.2.7A(4)).
Contributions and pro rating: section 3.2.8 specifies that, where a contribution must be calculated for a period shorter than the prescribed time period, the daily rate of contribution is one fourteenth of the fortnightly rate.
Service credit and retention/bonus calculations:
Section 3.5.2 (replacing the prior provision) sets out how effective service for retention or completion bonuses is calculated for members on an FSD. Each day in the pattern of service is multiplied by 1.4, the total effective service in a fortnight is capped at 14 days, and a day is either a full day of duty or a combination of part days adding up to eight hours (3.5.2).
Numerous consequential amendments adopt the 1.4 multiplier into steps for partial bonus payment calculations, service that counts towards bonuses and similar calculations (see Schedule 3 items 6, 7, 10, 12, 13).
Allowances and eligibility during nonworking periods:
Multiple allowance schemes are modified to exclude payability during continuous nonworking periods beyond a threshold. Example: ADF district allowance has its period of benefit specified at 4.4.7, with subsection 2 stating a member on FSD is not eligible for the allowance for any continuous nonworking period of more than 28 days. Similar 28-day caps are inserted for Port Wakefield allowance (4.4.19(1A)), Antarctic allowance (4.4.32(1A)) and other benefits.
Executive vehicle allowance and other allowances are clarified to be payable on a daily basis for duty days for members on an FSD (4.6.6.4), and uniform allowance daily-rate method is cross-referenced to Chapter 3 (Schedule 9).
Housing, rent and utilities contributions:
The Determination imposes specific contribution rules for members on an FSD who occupy Service residences, rent band choice homes, surplus service residences, or private rented accommodation. Sections 7.4.27A, 7.6.55A, 7.7.14A and 7.8.18A create parallel regimes where a member pays a contribution that is normally the Annex rate, but for certain periods the contribution rate is 150% of that amount. The 150% rate applies from the 29th day of a continuous nonworking period, or in some circumstances for the whole FSD if the total number of days in the pattern of service over the FSD is less than a threshold (e.g. less than 130 days if the FSD period is one year).
When dependants remain in accommodation at a posting location while the member is on a nonworking period, separate calculations produce per-weekday contribution charges for those nonworking days, with formulae specified in the relevant sections (see 7.4.27B(3), 7.7.14B(3), 7.8.18B(3)). The instrument provides reconciliation rules if the FSD ends early and a cycle is incomplete (various sections including 7.4.27C, 7.6.55C, 7.7.14C, 7.8.18C).
Leave administration:
Leave accrual, grant and use are expressly tied to pattern of service. Members on FSD may take leave only during the pattern of service (5.9.6). Grant of recreation leave for FSD members is to be for the period of duty specified in the flexible service determination for that day when the pattern of service for the leave day is less than eight hours (5.4.33(1)(a)). Leave credits are to be debited by calendar day, and nonworking periods are treated similarly to weekends and public holidays for certain procedural rules (5.5.6.5, 5.5.6.7, 5.11.5(3)).
Travel and reunion entitlements:
Reunion travel entitlement frequency for members on an FSD is pro rated to the percentage of normal full-time duty, calculated using a formula set out at 9.3.30A(3)-(4). The table limits the number of reunion visits per year according to percentage bands and includes rules for recalculation when patterns change and for capped allowances in year of change (9.3.30A).
Administrative processes and exceptions:
Several prior provisions dealing with part-time leave without pay are removed and replaced with FSD-specific provisions. Supervisors and decision makers retain discretion in granting or refusing leave, subject to the new constraints linking leave to pattern of service and to rank thresholds for decision authority (5.4.33(2), 5.11.5).
Debt recovery and payment liability:
Section 1.5.4A declares unpaid contributions and payments owing by members not receiving salary (including those on nonworking periods under FSD) to be debts to the Commonwealth that may be recovered. It specifically references Accountable Authority Instructions under the PGPA Act for debt management guidance (1.5.4A(2) note). Members may nominate an adult dependant who is also a member to pay contributions on their behalf, subject to written nomination and consent (1.6.1A).
These main concepts rework pay, leave and accommodation provision to map entitlements onto a pattern-of-service basis, create specific reimbursement and contribution triggers keyed to the length of continuous nonworking periods and the density of pattern-of-service days, and supply reconciliation mechanics for partial or interrupted cycles.
Who it affects
The instrument targets a specific group within the Australian Defence Force: members subject to a flexible service determination (FSD). The text repeatedly identifies "a member on a flexible service determination" and then specifies how entitlements, payments, eligibility and contributions change for those members. The affected populations and secondary actors are:
Members on FSDs: Every primary change in the Determination concerns how pay, allowances, leave, housing, utilities, meal charges and travel entitlements apply when a member is governed by an FSD. For example, section 3.2.7A applies only to "a member on a flexible service determination" for administering salary and allowances, and Chapter 5 changes how leave accrues and is taken for FSD members (5.4.8, 5.4.33, 5.9.6).
Members' dependants and adult dependants who are themselves members: The Determination provides distinct regimes for members with dependants and for "member with dependants (unaccompanied)". In several places, a member's adult dependant who is also a member may be nominated to pay contributions on the member's behalf (1.6.1A). There are also sections that treat the situation where dependants remain at the gaining location while the member is absent during a nonworking period, creating per-weekday contributions (e.g. 7.4.27B(3), 7.7.14B(3), 7.8.18B(3)).
Members occupying Service residences, rent-band choice homes, or private rented accommodation: The instrument changes contribution rates and conditions for such accommodation when a member is on an FSD, including potential 150% contribution rates from the 29th day of a continuous nonworking period (7.4.27A(3), 7.6.55A(3), 7.7.14A(3), 7.8.18A(3)).
Supervisors, decision makers and administrative roles: Several sections define the decision-making and administrative responsibilities that affect who can approve leave and how it must be recorded. For example, supervisors must be at least Warrant Officer Class 2 or APS 4 to grant recreation leave under 5.4.33(2). Section 5.4.33(3) requires supervisors to notify decisions and process applications through PMKeyS Self Service or by returning original papers to the relevant administrator. Payroll and HR systems (PMKeyS) must be updated to apply daily-rate calculations under 3.2.7A and to manage part-day combinations adding to eight hours.
Defence payroll and finance functions: The Determination requires adjustments to fortnightly pay calculations, recovery of debts, and administration of pro rata allowances. Section 1.5.4A expressly treats unpaid contributions and payments by members not receiving salary (including FSD nonworking periods) as debts to the Commonwealth, referencing Accountable Authority Instructions under the PGPA Act for debt management.
Logistics and accommodation managers: Where members vacate or return to accommodation in relation to nonworking periods, or where dependants remain in accommodation while a member is on nonworking duty, the contribution and accommodation allocation rules require operational handling (see 6.5.5 additions and various sections in Chapter 7).
Who pays:
Members on FSDs are frequently the payers of higher contributions or additional charges in particular circumstances. For example, several sections require the member to pay 150% of the normal contribution rate from the 29th day of a continuous nonworking period (7.4.27A(3), 7.6.55A(3)). If dependants remain in accommodation, the member bears per-weekday contributions for the nonworking period (7.4.27B(3), 7.7.14B(3), 7.8.18B(3)). The Determination also allows a member to nominate an adult dependant who is also a member to pay contributions (1.6.1A), shifting potential payment responsibility if the dependant consents.
The Commonwealth retains the authority to recover unpaid contributions as a debt under 1.5.4A(2), creating an enforcement channel for unpaid charges.
Who decides:
The Chief of the Defence Force (CDF) retains discretionary authority over certain leave grants, for example long service leave grants (5.5.9 exception referencing CDF). Supervisors at specified ranks are empowered to grant recreation leave for members on FSDs, and decision-makers exercise discretion to grant short absence (5.11.5).
Assistant Secretary People Policy and Employment Conditions (the Minister's delegate) determines commencement dates for Schedules 1-13 by notifiable instrument (Commencement table).
Administrative finance officers and payroll systems decide implementation details constrained by formulas and caps in section 3.2.7A and other provisions.
Behavioural effects the text incentivises:
Members confronted with an extended nonworking period face higher accommodation and rent contributions from day 29, which creates a monetary incentive to either reduce nonworking stretches where feasible, secure alternative housing arrangements for dependants, or negotiate patterns of service that exceed the minimum thresholds specified in the Determination (e.g. avoid total pattern-of-service days being less than 130 days per year where that triggers full-period 150% rates).
Employers (Defence administrative units) must adapt rostering, payroll and leave approval practices to apply daily-rate payments, to cap fortnightly pay, and to debit leave credits on a calendar-day basis for long service leave. They are also incentivised to keep accurate records of incomplete cycles because pattern-of-service changes trigger reimbursements or recoveries (multiple sections).
Payroll and HR systems are compelled to convert part-day attendance into combinations that add to eight hours for entitlement purposes, and to implement the 1.4 multiplier for effective service when calculating retention and completion bonuses (3.5.2).
Concentrated impacts:
Members who rely on on-base accommodation or who have dependants remaining at the posting location are the most concentrated losers from the contribution increases tied to prolonged nonworking periods, as those provisions directly raise the cost of retaining accommodation while the member is off-duty by pattern. The Determination gives structured rules, but it also assigns specific financial burdens to identifiable groups: FSD members with dependants, and FSD members occupying Service residences or renting at the gaining location.
The instrument is targeted and operationally detailed, not a high-level policy statement, so the direct impacts and who pays are visible across the numerous amended sections cited above.
Key duties and rights
This Determination imposes duties on decision makers and administrators, and assigns rights and procedural entitlements to members on flexible service determinations. The main duties and rights are:
Duties imposed on commanders, supervisors, and administrative staff
Granting and processing leave: Supervisors are required to grant or refuse recreation leave and must be of a specified rank to do so when the member is on an FSD (5.4.33(2)). Supervisors must notify the member of their decision as soon as possible and process electronic applications via PMKeyS Self Service or deliver original application forms to the relevant administrator (5.4.33(3)). Decision makers may grant short absences only if two specified conditions are satisfied, and the scope of permissible reasons is listed (5.11.5(1)). For members on FSD, short absence may only be granted for periods during the member's pattern of service (5.11.5(3)).
Payroll and allowance administration: Payroll must implement section 3.2.7A formulae for daily-rate calculation and ensure fortnightly payments are capped as required (3.2.7A(2)-(5)). For allowances paid on a daily basis, staff must ensure payment only occurs for days salary is payable (3.2.7A(5); 4.6.6.4).
Accommodation contribution administration: Those managing housing allocations must calculate and collect contributions according to the 150% rule when a continuous nonworking period exceeds 28 days, or when the FSD pattern-of-service days fall below specified thresholds (e.g. less than 130 days per year) (7.4.27A(3), 7.6.55A(3), 7.7.14A(3), 7.8.18A(3)). Administrators must reconcile incomplete cycles and either reimburse or require additional payment as prescribed (7.4.27A(4), 7.4.27C, 7.6.55A(5), 7.7.14A(4), 7.7.14C).
Recovery of debts: Finance officers must treat unpaid contributions and payments owed by members not receiving salary as debts to the Commonwealth and may recover such amounts under section 1.5.4A(2), guided by Accountable Authority Instructions under the PGPA Act.
Rights and entitlements for members
Payment for pattern-of-service days: Members on FSD have the right to be paid salary and specified allowances for each day that forms part of their pattern of service, at the daily rates calculated under 3.2.7A, including combinations of part-days that add to eight hours (3.2.7A(5)).
Cap protection: Members on FSD are protected from receiving fortnightly payments above the equivalent fortnightly rate of members not on FSD, since 3.2.7A(3) restricts maximum fortnightly rate to not exceed what a full-time member would receive.
Choice for dependants to pay: A member may nominate in writing an adult dependant who is also a member to pay contributions owed by the member, provided the dependant consents in writing and contributions are paid through the Defence pay system. The dependant may revoke consent at any time (1.6.1A).
Leave access limited to pattern-of-service: Members on FSD have a right to take leave but only during the days in their pattern of service (5.9.6). This right is bounded: for recreation leave where pattern-of-service days are less than eight hours, leave is granted only for the duty period specified in the flexible service determination (5.4.33(1)(a)).
Long service leave and maternity/parental leave adjustments: Long service leave continues to be creditable, but the accrual and grant rules are changed. Annual long service leave credit for members who are on FSD for some portion of a year is the sum of credits calculated for each period (5.5.8(3)-(4)). Paid maternity leave entitlement for a member on an FSD is expressed as "her pattern of service for the first 14 weeks of the absence" if the member has 12 months qualifying service (5.6.14.2(2A)). Members thus retain entitlements but they are measured by the pattern of service.
Procedural rights and administrative constraints
Reimbursement and reconciliation: Members who have their pattern-of-service changed mid-cycle have rights to reimbursement where contributions decrease, and are protected from retrospective repayment where contributions increase, subject to the incomplete cycle mechanisms (7.4.27A(4), 7.6.55A(5), 7.7.14A(4)). Those rules create a duty on Defence to reconcile and adjust contributions.
Access to reunion travel is explicitly limited by percentage of normal full-time duty and may be recalculated if the pattern of service is varied, subject to exceptions for short variations of 28 days or less (9.3.30A).
Limits on authority and exceptions
CDF retains some prerogatives: for example, the CDF may not grant long service leave for a period the member is on an FSD (5.5.8 exception), and the CDF may approve certain house-hunting trips where specified conditions apply (7.1.22.1(c) as amended).
Several prior exceptions for "part-time leave without pay" are removed and replaced by FSD-specific language, consolidating the legal framework around the FSD concept and eliminating parallel part-time leave regimes (Schedule 2, Schedule 5).
Debt and recovery rights
As noted, unpaid contributions and payments owed by a member not receiving salary are debts to the Commonwealth that may be recovered. The Determination references Accountable Authority Instructions under the PGPA Act for debt management procedures (1.5.4A(2) note). This creates a statutory right for the Commonwealth to recover amounts from members, and a contractual duty on members to pay their obligations or nominate a consenting adult dependant to do so.
Operational rights and constraints regarding allowances and benefits
Members on FSD are explicitly excluded from some payments during extended nonworking periods, typically beyond 28 days, such as certain location or remote allowances (4.4.7(2), 4.4.19(1A), 4.4.32(1A)). That converts what were previously continuous pay windows into conditional ones keyed to the member’s pattern of service.
In sum, the Determination shifts many entitlements from an annual or continuous-service basis to a pattern-of-service basis. It imposes duties on Defence staff to implement daily-rate pay and to administer higher contributions where members are absent for substantial nonworking periods, while preserving certain protections for members such as the fortnightly pay cap and reimbursement mechanisms for incomplete cycles.
Penalties and enforcement
The instrument itself does not introduce criminal sanctions or new standalone statutory offences. Enforcement mechanisms are administrative and financial, relying on contribution rules, recovery of debts, and operational checks. The principal enforcement and penalty mechanisms in the Determination are:
Debt recovery
Unpaid contributions or payments by members not receiving salary are expressly declared to be debts to the Commonwealth and may be recovered (1.5.4A(2)). The section directs that Accountable Authority Instructions under section 20A of the Public Governance, Performance and Accountability Act 2013, provide guidance and procedures for debt management, which means the Commonwealth will use existing PGPA-compliant collection and recovery pathways to enforce liabilities arising under the Determination. This creates a civil enforcement channel for financial liabilities rather than a punitive criminal sanction.
Contractual and administrative consequences
Where a member fails to pay accommodation contributions or rent-related contributions when required under provisions such as 7.4.27A, 7.6.55A, 7.7.14A and 7.8.18A, the Determination authorises recovery and reconciliation mechanisms. It also sets out that members can be required to make contributions for each weekday in the member's nonworking period when dependants remain in accommodation (e.g. 7.4.27B(3)). Failure to pay those contributions will arise as a debt under 1.5.4A.
Operational eligibility suspensions and exclusions
Several benefits are expressly not payable during periods the member is not entitled to salary (7.1.7). The exception list includes members on FSD. This means the administrative effect of being on a nonworking period can be to suspend payment of certain allowances; the practical "penalty" for failing to comply with pattern-of-service obligations is loss or suspension of certain payments and allowances.
For allowances connected to remote or continuous duty, the Determination excludes members on FSD from receiving those allowances during continuous nonworking periods that exceed 28 days (4.4.7(2), 4.4.19(1A), 4.4.32(1A)). The operational result is a reduction or loss of benefit for particular periods if members' nonworking periods extend beyond the specified threshold.
Recovery and reconciliation on early termination or variation
If a flexible service determination ends early or changes pattern mid-cycle, the Determination establishes a reconciliation framework that can require a member either to pay additional contributions to the Commonwealth or to be reimbursed (see 7.4.27C, 7.6.55C, 7.7.14C, 7.8.18C). The administrative obligation to reconcile creates a practical enforcement mechanism: the Commonwealth can require repayment where the contribution that should have been paid for the incomplete cycle is higher than what the member paid.
In some circumstances where an FSD ends early for Service reasons or reasons set out in the FSD, the member may not be required to pay additional sums (see tables in 7.4.27C and equivalent sections), but the Determination leaves administrators the duty to calculate differences and request payment or reimbursements accordingly.
Limits on salary and benefit payments
The cap on maximum fortnightly rate for members on an FSD , "must not exceed the fortnightly rate of a member not on a flexible service determination" , acts as a protective constraint to prevent overpayment; however, if payroll systems misapply the cap or payments are made wrongly, the general debt recovery regime would apply to recover overpayments (3.2.7A(3) and cross-reference to overpayment section 1.5.4).
The Determination repeatedly ties payability of allowances to salary being payable; the administrative consequence for incorrectly continuing allowance payments during nonworking periods is exposure to an overpayment recovery under section 1.5.4A or 1.5.4.
Procedural enforcement
The Determination imposes procedural duties on supervisors and administrators to approve or deny leave and to process applications through PMKeyS. Failure to follow the prescribed administrative processes could generate internal compliance issues and necessitate remedial administrative actions, including correction of leave records and adjustments to pay (5.4.33(3)).
Notably absent
The instrument does not specify penalty units, disciplinary sanctions, or new criminal offences. It relies on existing administrative channels for enforcement, including debt recovery procedures under PGPA governance and Defence’s internal personnel systems for leave and entitlement management.
In short, enforcement is financial and operational: nonpayment or misreporting will lead to debts and administrative adjustments rather than discrete statutory fines or criminal penalties. The Determination embeds multiple reconciliation and recovery mechanisms that oblige both Defence administrators and members to ensure contributions, payments and entitlement measures are correctly applied and adjusted when patterns of service change.
How it interacts with other laws
This Determination is an amendment instrument under section 58B of the Defence Act 1903 (section 3). Its interaction with other laws is primarily through cross-references to other Defence Determinations and through explicit reference to the PGPA Act for debt management. Key interactions and cross-references in the instrument are:
Defence Act 1903
Authority: The instrument is made under s58B of the Defence Act 1903, so it sits within the regulatory architecture that allows Defence to determine conditions of service by instrument. The Determination therefore operates as subordinate legislation under the Defence Act.
Other Defence Determinations
Salaries Determination: The amendment repeatedly cross-references DFRT Determination No. 2 of 2017, Salaries, for example in section 1.5.4A(1)(a) and the note to 3.2.7A. That Determination governs salary rates and conditions, and the FSD amendments are designed to sit alongside or modify the application of those salary rules for FSD members. Where the instrument refers to allowances "set by the DFRT" or other DFRT-set rates, it relies upon those separate instruments for base numerical rates and entitlements.
Defence Determination 2016/19: The instrument directly amends Defence Determination 2016/19, Conditions of service. It deletes, substitutes and inserts numerous provisions into that Determination. Practically, the amended Determination must be read together with any remaining parts of the 2016/19 instrument that were not changed.
Public Governance, Performance and Accountability Act 2013 (PGPA Act)
Section 1.5.4A(2) expressly references Accountable Authority Instructions issued under section 20A of the PGPA Act as providing guidance and procedures relating to debt management. That locates the financial enforcement regime for unpaid contributions under the framework of the PGPA Act, which governs Commonwealth financial management and accountability. That means Defence must adhere to PGPA-compliant procedures in recovering debts owed to the Commonwealth.
Internal administrative systems
The Determination references PMKeyS Self Service as the electronic method by which leave applications are to be processed or approved (5.4.33(3)). This is not an external law, but it is an internal system that will reflect and be constrained by the Determination’s rules. The instrument thus presupposes interaction between the legal rules and the Defence payroll and HR systems.
Cross-links to other parts of the Conditions of Service Determination
The instrument frequently cross-references other chapters and parts of the same Determination. For example, it refers to Chapter 3 Part 2 Division 1 (subsection 3.2.7 for continuous full-time members and 3.2.7A for FSD members) and to leave, housing and allowance chapters. These intra-instrument references ensure that the FSD rules modify but do not necessarily replace entire existing policy architecture.
Interaction with entitlement frameworks and administrative instructions
Many benefits rely on Annexes specified by reference within the Determination, for example Annex 7.A, Annex 7.D, Annex 7.4.B and the Annexes to Chapter 4 and Chapter 15 that set allowance amounts and contribution rates. Those Annexes are authoritative for quantum calculations, so the FSD rules function by altering the temporal or pattern-based application of those Annex-determined rates.
No express interaction with external employment law or industrial instruments
The instrument does not reference the Fair Work Act 2009 or external industrial instruments. That is consistent with the Defence Act having its own determination-making power for members’ conditions of service. Any interaction with external employment law would therefore be determined by broader legal principles outside this Determination, but the Determination itself is the primary source for the rights and duties it changes for ADF members.
Savings and transitional arrangements
Schedule 13 creates savings and transitional rules that operate across time. It preserves the operation of Defence Determination 2016/19 as it applied immediately prior to the commencement of the FSD Determination for members who were on part-time leave without pay immediately before the commencement, and it allows subsequent changes in rates to apply to saved benefits (Schedule 13(1)-(2)). This creates temporal interaction between the old regime and the new one for specified members.
Operational implication
Because the Determination ties enforcement to the PGPA Act debit-recovery procedures and relies on Annexes for numerical rates and on PMKeyS for implementation, there is a layered interaction: legal rules set the conditions, Annexes set the numerical values, PGPA processes govern recovery, and PMKeyS implements payments and debits. Administrators must therefore coordinate across legal, financial and IT systems to give effect to the Determination.
In sum, the Determination operates as subordinate legislation within the Defence Act framework and interacts concretely with DFRT salary determinations, Annexes that set numerical rates, the PGPA Act for debt management, and internal Defence systems for payroll and leave administration.
Amendment history
This instrument itself is an amendment instrument to Defence Determination 2016/19, Conditions of service. The instrument header identifies it as Defence Determination, Conditions of Service Amendment (Flexible Service Determination) Determination 2018 (No. 15), made by Fiona Louise McSPEerin, Assistant Secretary, People Policy and Employment Conditions, Defence People Group, dated 17 April 2018. Section 3 states the legal authority under section 58B of the Defence Act 1903.
Commencement mechanics
Sections 1 to 4 of the instrument (covering the instrument name, commencement, authority and schedules) commence the day after registration (Commencement table, item 1). Schedules 1-13 commence on a day to be fixed by the Assistant Secretary People Policy and Employment Conditions (the Minister's delegate) by notifiable instrument, with the safeguard that if not commenced within 12 months of registration the provisions are repealed (Commencement table, item 2). The instrument therefore allows staggered commencement of substantive amendments, subject to a 12-month expiry backstop.
Scope of amendments
The instrument contains 13 schedules that amend or repeal parts of Defence Determination 2016/19. Each schedule targets specific chapters or provisions: Schedule 1 replaces or inserts introductory definitions and related changes in Chapter 1; Schedule 2 removes the prior Part 1A; Schedule 3 amends Chapter 3 payment and bonus calculations; Schedule 4 amends Chapter 4 allowance provisions; Schedule 5 overhauls Chapter 5 leave rules for FSD members; Schedule 6 addresses Chapter 6 removal eligibility; Schedules 7 and 8 and 9 and 10 address housing/meal/utility allowances, travel and uniform and bereavement payments respectively; Schedules 11 and 12 amend Chapters 14 and 15 to exclude members not entitled to salary and add conditions; Schedule 13 provides savings and transitional arrangements. Each schedule uses precise subsections and replacements to achieve the amendments.
Repeals and removals
The instrument omits existing material and substitutes new text in many places. For example, it omits the earlier subsection 1.3.24A.2 (Flexible service determination) and deletes the previous Part 1A related to flexible service determinations (Schedule 1 item 1, Schedule 2). It omits certain provisions dealing with part-time leave without pay that previously existed and replaces them with FSD-specific rules (Schedule 5 items 3, 27, 33, 35-36).
New insertions and formulae
Notable insertions include section 3.2.7A, which provides a formula to work out daily rates for members on an FSD and a cap on fortnightly rate (Schedule 3), and section 3.5.2 which sets out the 1.4 multiplier for calculating effective service for bonuses (Schedule 3). Schedule 7 and Schedule 9 insert detailed contribution rules across accommodation and rent.
Transitional provisions
Schedule 13 preserves the rights of members who were on part-time leave without pay immediately before commencement: the operation of the prior Determination remains unaffected for those members (Schedule 13(1)(b)), and where rates change after commencement those members may receive the benefit at the new rate (Schedule 13(2)(a)) or be liable for changed contributions (Schedule 13(2)(b)). This creates a limited protected cohort and a mechanism for rate alignment post-commencement.
Instrument provenance
The instrument is signed by an Assistant Secretary in Defence People Group, showing internal departmental responsibility for people policy and conditions of service. The instrument itself provides no legislative history beyond the date made and the sections it amends.
Limitations on amendment history information
The Determination contains no textual record of prior judicial interpretation or prior amendments other than the direct substitutions and omissions enacted by this instrument. The instrument does not list prior amending instruments or prior versions of specific clauses beyond the implicit "omit and substitute" instructions.
In practical terms, the amendment history is the instrument: it replaces earlier FSD-related parts of the Conditions of Service Determination with a comprehensive set of bespoke provisions for members on flexible service determinations, sets commencement controls, and provides transitional protections for certain members on part-time leave without pay.
Litigation history
The instrument itself does not reference any court litigation, judicial decisions, or tribunal determinations. There are no case citations or judicially reported materials contained in the text. The Determination is an administrative amendment to Defence Determination 2016/19 and functions as subordinate legislation under the Defence Act 1903.
What the instrument records and what it does not
It records administrative decisions, formulae and operational rules, but it does not record or summarise any litigation. As such, there is no litigation history contained within the text to analyse or report.
Because this is an amendment to a Conditions of Service Determination, disputes that might arise from its operation would typically be handled under Defence’s internal grievance, administrative review or employment-related dispute processes, and potentially in courts or tribunals if matters of law, jurisdiction or statutory interpretation arise. However, none of that appears within this instrument.
Implications for counsel and compliance officers
In the absence of any litigation history within the instrument, practitioners should assume there is no precedent directly construing these specific new provisions as at the date of the instrument. Any legal challenge to the new provisions would therefore be novel and would require argument about the proper exercise of powers under the Defence Act and the interpretation of the new wording. The instrument itself provides the statutory text that would be argued about, so careful reading of the precise terms is essential.
Where disputes arise from the operation of the Determination , for example, over entitlement calculations, reconciliation of incomplete cycles, or the lawfulness of contribution rates applied to a particular member , the relevant facts will be crucial and any litigation would turn on the text inserted into the Conditions of Service Determination, the DFRT Determination rates, and possibly on PGPA Act debt recovery procedures. None of those matters is yet evidenced by case law in the instrument.
Practical note
For immediate operational or dispute planning, practitioners should focus on the exact language of the inserted or substituted sections cited throughout the schedules. Any litigation that occurs will turn on those precise words and the interplay with implementing systems such as PMKeyS, Annex rate schedules, and PGPA-compliant debt recovery processes.
In short, there is no litigation history contained in or referenced by this Determination. Any future disputes will require first-instance interpretation of the new provisions, and practitioners should prepare accordingly by documenting factual circumstances and administrative steps taken under the new rules.
Gotchas
The Determination introduces many operationally significant details that create traps for the unwary. The following are concrete "gotchas" grounded in the instrument text that administrators, payroll officers, members and their advisers should note.
Pattern-of-service as the entitlement gate
Many entitlements are now explicitly linked to the pattern of service rather than to a simple period of employment. For example, leave may only be taken during days in the pattern of service (5.9.6), and salary and many allowances are paid only for days in the pattern of service (3.2.7A(5)). Failure to align rostering, leave approvals and payroll with the member's FSD pattern will produce incorrect payments or entitlements and potential recoveries under 1.5.4A.
Part-days must be aggregated to eight hours for entitlement
The Determination treats part days as counting only when combinations total eight hours (3.2.7A(5), 3.5.2(3)). Payroll systems and rostering must convert multiple short duty segments into eight-hour aggregates. If IT systems or supervisors fail to combine part-days correctly, leave accruals, bonus calculations and pay could be miscomputed.
The 1.4 multiplier for effective service
For retention and completion bonuses, each day in the pattern of service is multiplied by 1.4 (3.5.2(2)), with a fortnightly cap of 14 days. That non-intuitive multiplier increases credit for duty days but is capped. Mistakes in applying the multiplier or the cap will distort bonus entitlement calculations.
Cap on fortnightly pay
Section 3.2.7A(3) says the maximum fortnightly rate payable to a member on an FSD must not exceed the fortnightly rate of a member not on an FSD. Payroll must ensure this cap is enforced, but also ensure that daily-rate computations do not, through rounding or aggregation, improperly reduce pay. The existence of both a daily-rate formula and a cap creates implementation friction for payroll systems.
28-day and 29th-day thresholds
Several allowance and contribution rules hinge on whether a continuous nonworking period exceeds 28 days, and contributions increase from the 29th day (e.g. 4.4.7(2), 7.4.27A(3)). Administrators must correctly measure "continuous nonworking period" taking account of the continuous period definition inserted into 4.4.4, which notes that continuous periods are not broken by being "not required for duty" or being on a nonworking period. Incorrect counting here will misapply the 150% contribution trigger.
150% contribution rate and various exceptions
The Determination imposes a 150% contribution rate for accommodation, rent and service residence contributions for specified periods (7.4.27A(3), 7.6.55A(3), 7.7.14A(3), 7.8.18A(3)). There are complex exceptions where the 150% rate applies for the whole FSD if the member's pattern-of-service days over the FSD are below thresholds (e.g. less than 130 days in a year). That threshold calculation uses the POS formula and requires accurate counting of pattern-of-service days over the life of the FSD. Mistakes may lead to surprise bills or reimbursements.
Incomplete cycle reconciliations
If a member's pattern-of-service changes and an incomplete cycle exists, the Determination requires either reimbursement to the member if contributions decrease or, in some cases, additional payment from the member if contributions increase, with exceptions where increases need not be repaid (see 7.4.27A(4), 7.4.27C, 7.6.55A(5)). Keeping accurate records of cycles, dates of pattern change, and prior contributions is essential. Failure to do so will obstruct required reconciliations and create disputes.
Differential treatment of dependants who are also members
A member may nominate an adult dependant who is a member to pay contributions on their behalf (1.6.1A). But there are exceptions that preserve standard contribution rates if the adult dependant is a member and not on an FSD (7.6.55A(1) exception, 7.8.18A(1) exception). Practically, administrators must check not only the nomination but the dependant's own employment status and FSD status before applying alternative contribution calculations.
Meal and utility reimbursement changes
Casual meal charges and utility reimbursement rules differ for members on nonworking periods or on FSD (7.9.5.3 table, 7.10.4.1.b). The Determination increases casual meal charges for members on nonworking periods and sets a pro rata utilities calculation for FSD members (7.10.4.1.b(ii)). Payroll and mess administration must ensure these variations are applied at the correct times; otherwise members may be charged incorrectly.
Leave grant granularity and supervisor authority
Recreation leave grants for part-day FSD patterns must be for the duty period specified by the FSD when pattern-of-service days are less than eight hours (5.4.33(1)(a)). Only supervisors at or above specified ranks may grant leave for FSD members (5.4.33(2)). Operational managers must ensure delegation and rank thresholds are observed to avoid unlawful leave grants.
Reunion travel pro-ration and recalculation
Reunion travel frequency is pro-rataed to percentage of normal full-time duty using a formula that requires counting pattern-of-service days over the life of the FSD (9.3.30A). Recalculations are triggered by pattern changes, except for variations of 28 days or less. Misapplication can lead to either excessive or insufficient travel allowances.
Transitional savings may create dual regimes
Schedule 13 saves prior provisions for members who were on part-time leave without pay immediately before commencement. This preserves old entitlements for a limited cohort but means HR must operate dual regimes for different members. Mistakes could result in inconsistent treatment.
PMKeyS dependency
Several processes require electronic processing via PMKeyS (5.4.33(3)). If PMKeyS lacks functionality to handle FSD daily-rate calculations, part-day aggregation, 1.4 multiplier application, or incomplete-cycle reconciliation, manual workarounds will be necessary, raising risk of error and delay.
Bereavement payment formula nuance
For a member on an FSD who dies, the bereavement payment is four times the gross fortnightly pay that "would have been payable if the member was not on a flexible service determination" (Schedule 10, 11.3.3.3(b)). Calculating that hypothetical fortnightly pay will require reference to full-time rates, not the member’s actual FSD pay history. Administrators must take care to use the correct base.
These are concrete operational pitfalls embedded in the text. The common theme is that the Determination moves many entitlements from annual or time-in-service bases to a pattern-of-service and day-by-day basis, creating numerous counting, aggregation, timing and reconciliation tasks that administrative systems and staff must handle with care.
How to comply
Compliance requires coordinated changes across policies, payroll systems, HR procedures, accommodation and mess management, and finance. Below is a practical checklist, grounded in the Determination, of concrete steps to implement and maintain compliance.
Identify the population and tag records
Immediately identify all members on a flexible service determination in HR and payroll systems. Ensure each member record includes the active FSD, its life (start and end dates), the specified pattern of service days/hours and nonworking periods, and any dependants’ statuses. The Determination makes repeated reference to "a member on a flexible service determination" in sections such as 3.2.7A, 5.4.33 and 7.4.27A.
Update payroll logic to implement 3.2.7A
Implement the daily-rate formula set out in section 3.2.7A to calculate daily rates for salary and the listed allowances. Ensure payroll pays each fortnight at the daily rate for each full day of duty and for combinations of part days that add up to eight hours (3.2.7A(5)). Enforce the cap that the fortnightly rate for an FSD member must not exceed the fortnightly rate of a member not on an FSD (3.2.7A(3)). Where the instrument displays a formula as an image, configure payroll to reflect that formula precisely, referencing the specified allowances list in 3.2.7A(2) and 3.2.7A(4).
Configure part-day aggregation
Ensure time-and-attendance or rostering systems aggregate part-day duty segments to determine whether combinations add to eight hours, because that aggregation determines whether a day counts for salary, leave, and effective service calculations (3.2.7A(5), 3.5.2(3)). Document and test the aggregation logic across typical duty patterns.
Implement the 1.4 multiplier and caps for effective service
For retention and completion bonus calculations, program the 1.4 multiplier for each day in the pattern of service, subject to a fortnightly cap of 14 days (3.5.2). Ensure partial bonus payment calculations and other bonus-related rules that reference effective service are updated to use this multiplier and the cap (Schedule 3 amendments).
Adjust leave accrual and grant workflows
Modify leave accrual calculations (recreation, additional, long service) to account for nonworking periods as non-effective service where specified (e.g. substitute 5.4.8 formulae, 5.5.8 adjustments). Ensure supervisors grant recreation leave in accordance with the pattern-of-service constraints and that for leave days where the pattern is less than eight hours, leave is granted for the duty period specified in the FSD (5.4.33(1)(a)). Confirm that supervisors approving leave are of the required rank (Warrant Officer Class 2 or APS 4) for FSD matters (5.4.33(2)).
Implement accommodation and rent contribution rules
For members living in Service residences, rent band choice homes, or private rentals, program contribution rules to:
Charge normal Annex rates unless the member meets triggers for 150% contributions as set out in 7.4.27A(2)-(3), 7.6.55A(2)-(3), 7.7.14A(2)-(3), 7.8.18A(2)-(3).
Apply the 150% contribution from the 29th day of a continuous nonworking period and/or for the whole FSD when pattern-of-service thresholds are not met (e.g. POS < 130 days per year).
Calculate per-weekday contributions where dependants remain in accommodation while the member is on nonworking periods, using the specified NWP and C variables in the relevant sections (7.4.27B(3), 7.7.14B(3), 7.8.18B(3)).
Implement incomplete cycle reconciliation logic so that when patterns change mid-cycle, reimbursements or additional payments are calculated per the prescribed formulae (7.4.27A(4), 7.4.27C, 7.6.55A(5)).
Meal charges, utilities and other allowances
Amend mess billing and utilities reimbursement processes to apply the casual meal charge table for FSD and nonworking periods (7.9.5.3) and the pro rata utilities reimbursement formula for FSD members (7.10.4.1.b(ii)). Where utilities contributions for living-in on FSD are required, calculate NWP-based fortnightly contributions as per 7.10.9A.
PMKeyS and electronic processing
Ensure PMKeyS functionality is configured for FSD requirements: electronic leave approvals must be processed through PMKeyS Self Service and administrators must receive original paperwork where paper applications are used (5.4.33(3)). Confirm PMKeyS can support daily-rate pay, part-day aggregation, the 1.4 multiplier, cap enforcement and incomplete cycle reconciliations. Where PMKeyS cannot perform a required calculation, document controlled manual processing steps with specified reconciliations and audit trails.
Documentation for members and dependent consents
Create standard forms and procedures for:
Nominating an adult dependant to pay contributions (1.6.1A), including revocation procedures.
Recording acceptance to vacate accommodation during nonworking periods or to return, as this affects removal entitlements (6.5.5 additions).
Informing members about the implications of nonworking periods longer than 28 days on allowances and contributions (see 4.4.7(2), 7.4.27A(3), 7.6.55A(3)).
Debt management and recovery
Ensure finance staff are familiar with PGPA Accountable Authority Instructions referenced in 1.5.4A(2) and have procedures to treat unpaid contributions for members not receiving salary as debts to the Commonwealth. Establish timelines, notices and recovery pathways consistent with PGPA requirements.
Training and delegation
Train supervisors and relevant staff on rank-based approval authorities for leave (5.4.33(2)), short absence criteria (5.11.5), and the detailed conditions that conditionally allow or suspend allowances. Update delegation letters and decision registers to reflect these rules.
Reconciliation protocols for early FSD termination
Put in place checklists to reconcile contributions and reimbursements when an FSD ends early, per the "If a flexible service determination ends early" sections across accommodation and rent chapters (7.4.27C, 7.6.55C, 7.7.14C, 7.8.18C). Ensure notifications to members include steps for requesting reimbursements or paying differences, as the Determination frequently says "on request from the member" in such reconciliations.
Record keeping and audit trails
Maintain auditable records of:
Pattern-of-service schedules, nonworking period start and end dates, continuous period counts.
Leave applications and approvals, especially for part-day leave and short absences.
Accommodation decisions, contributions applied, and any reconciliations performed.
PMKeyS approvals and manual overrides, with managerial sign-off where necessary.
Communication with members
Provide members on an FSD with clear written advice about how their pay will be calculated (daily rates and cap), how leave accrues and may be taken (pattern-of-service constraint), the possibility of higher contributions after 28 days nonworking periods, and their rights to nominate dependants to pay contributions (1.6.1A). Documents should reference the specific sections that govern these matters for clarity.
Test cases and dry runs
Before applying the regime live, run test cases across typical patterns: short weekly patterns, long nonworking periods (>28 days), part-day mixes, incomplete cycle changes, bereavement payment baseline calculations for FSD members, and reunion travel pro-ration. Verify outputs against manually computed results per the Determination’s formulae (see 3.2.7A, 3.5.2, 9.3.30A).
By following these steps, administrative units will align practice with the Determination’s text. The bulk of compliance work is operational: counting days correctly, implementing formulae, configuring PMKeyS and payroll, maintaining records for reconciliation, and ensuring that members are informed of their obligations and rights as per the cited sections.
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—Chapter 1: Introduction
Defence Determination 2016/19, Conditions of service
1
Subsection 1.3.24A.2 (Flexible service determination)
Omit the subsection.
2
Section 1.3.45A (Nonworking period)
Omit the section, substitute:
1.3.45A Nonworking period
A nonworking period under a flexible service determination is the period that is not the member's pattern of service.
3
Subsection 1.3.47.3 (Normal working hours)
Omit the subsection.
4
Section 1.3.50A (Pattern of service)
Omit the section, substitute:
1.3.50A Pattern of service
Means the hours of duty or periods of duty prescribed under a flexible service determination.
5
Subsection 1.3.77A.2 (Unpaid leave)
Omit the subsection.
6
Subsection 1.3.87.2 (Normally lives with)
At the end of the subsection, insert:
Note: If a member is on a flexible service determination, the member’s nonworking period does not affect the 90 night period when the child stays with the member in the posting location.
7
Section 1.5.4 (Overpayment)
After the section, insert:
1.5.4A Contributions and payments payable by a member not receiving salary
This section applies to a member not receiving salary for either of the following reasons.
a. The member meets a condition under section A.1.4 of DFRT Determination No. 2 of 2017, Salaries.
b. The member is on a nonworking period under the member's flexible service determination.
Any unpaid contributions or payments are a debt to the Commonwealth. The Commonwealth may recover any unpaid contributions or payments. Note: The Accountable Authority Instructions issued under Section 20A of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) provide guidance and relevant procedures relating to debt management to ensure officials can meet their obligations under the PGPA Act.
8 Section 1.6.1 (Dual entitlement – member’s adult dependant is also a member)
After the section, insert:
1.6.1A Payment of contributions by another person
This section applies to a member not receiving salary for either of the following reasons.
a. The member meets a condition under section A.1.4 of DFRT Determination No. 2 of 2017, Salaries.
b. The member is on a flexible service determination — during their nonworking period.
The member may nominate, in writing, an adult dependant to pay contributions owed by the member if all of the following conditions are met.
a. The dependant is also a member.
b. The dependant has consented in writing to make the contributions on the member’s behalf.
Notes:
The dependant may revoke consent at any time.
Contributions are to be paid through the Department of Defence pay system.
If the contribution is not paid by the dependant, the contribution may be recovered from the member as a debt owed to the Commonwealth.
Schedule 2—Chapter 2
Defence Determination 2016/19, Conditions of service
1
Section 2.0.2 (Contents)
Omit "Part 1A Flexible service determination".
2
Chapter 2 Part 1A (Flexible service determination)
Omit the part.
Schedule 3—Chapter 3
Defence Determination 2016/19, Conditions of service
1
Section 3.2.7 (Administration of salary and allowances)
Omit the section, substitute:
3.2.7 Administration of salary and allowances
1.
This section applies to salary and allowances payable to a member.<br>Exception: Salary and allowances being paid to a member on a flexible service determination.<br>Note: Administration of salary and allowances for a member on a flexible service determination is provided under section 3.2.7A.
2.
The daily rate of an annual rate of salary or allowance set by the DFRT, or an allowance identified in the following table, is the annual rate divided by 365.
Item Allowance Reference
ADF district allowance Chapter 4 Part 4 Division 1 and Division 2
Allowances for services in Antarctica – Antarctic allowance Chapter 4 Part 4 Division 6
Allowances for service in the Antarctic – Common duties allowance Chapter 4 Part 4 Division 7
Allowances for service in the Antarctic – Antarctic parity allowance Chapter 4 Part 4 Division 8
Child allowance – member posted before 1 July 2017 Chapter 15 Part 2 Division 4
Child supplement allowance – member posted on or after 1 July 2017 Chapter 15 Part 2A Division 4
Child reunion allowance – member posted before 1 July 2017 Chapter 15 Part 2 Division 5
Cost of living adjustment – member posted before 1 July 2017 Chapter 15 Part 2 Division 2
Cost of living adjustment – member posted on or after 1 July 2017 Chapter 15 Part 2A Division 2
Executive vehicle allowance Chapter 4 Part 6
Hardship allowance – member posted before 1 July 2017 Chapter 16 Part 2
Higher duties allowance Chapter 4 Part 1
Language allowance Chapter 4 Part 3 Division 1
Location allowance – member posted on or after 1 July 2017 Chapter 16 Part 2A
Port Wakefield allowance Chapter 4 Part 4 Division 3
Post adjustment – member posted before 1 July 2017 Chapter 15 Part 2 Division 3
Post adjustment – member posted on or after 1 July 2017 Chapter 15 Part 2A Division 3
Scherger allowance Chapter 4 Part 4 Division 4
Trainee's dependant allowance Chapter 4 Part 8 Division 1
Uniform allowance Chapter 10 Part 1
The daily rate of rent allowance is one fourteenth of the rate calculated in Chapter 7 Part 8 Division 4 section 7.8.19, Working out rent allowance.
3.2.7A Administration of salary and allowances – member on a flexible service determination
1.
This section applies to salary and allowances being paid to a member on a flexible service determination.
2.
The daily rate of an annual rate of salary, an allowance set by the DFRT or an allowance identified in the following table, is worked out using the following formula.
Item
Allowance
Reference
1.
Child allowance – member posted before 1 July 2017
Chapter 15 Part 2 Division 4
2.
Child supplement allowance – member posted on or after 1 July 2017
Chapter 15 Part 2A Division 4
3.
Child reunion allowance – member posted before 1 July 2017
Chapter 15 Part 2 Division 5
4.
Cost of living adjustment – member posted before 1 July 2017
Chapter 15 Part 2 Division 2
5.
Cost of living adjustment – member posted on or after 1 July 2017
Chapter 15 Part 2A Division 2
6.
Executive vehicle allowance
Chapter 4 Part 6
7.
Hardship allowance – member posted before 1 July 2017
Chapter 16 Part 2
8.
Higher duties allowance
Chapter 4 Part 1
9.
Language allowance
Chapter 4 Part 3 Division 1
10.
Location allowance – member posted on or after 1 July 2017
Chapter 16 Part 2A
11.
Port Wakefield allowance
Chapter 4 Part 4 Division 3
12.
Post adjustment – member posted before 1 July 2017
Chapter 15 Part 2 Division 3
13.
Post adjustment – member posted on or after 1 July 2017
Chapter 15 Part 2A Division 3
14.
Trainee's dependant allowance
Chapter 4 Part 8 Division 1
15.
Uniform allowance
Chapter 10 Part 1
3.
The maximum fortnightly rate payable to a member must not exceed the fortnightly rate of a member not on a flexible service determination.
4.
The daily rate of an annual rate of an allowance identified in the following table is the annual rate divided by 365.
Item
Allowance
Reference
1.
ADF district allowance
Chapter 4 Part 4 Division 1 and Division 2
2.
Antarctic allowance
Chapter 4 Part 4 Division 6
3.
(Antarctic) Common duties allowance
Chapter 4 Part 4 Division 7
4.
Antarctic parity allowance
Chapter 4 Part 4 Division 8
5.
Scherger allowance
Chapter 4 Part 4 Division 4
Salary and allowances are paid to a member each fortnight at the daily rate under this section for both of the following.
a. Each full day of duty in the fortnight.
b. Each combination of part days of duty in the fortnight that add up to eight hours.
2 Section 3.2.8 (Pro rating contributions)
Omit the section, substitute:
3.2.8 Pro rating contributions
This section applies to a member if both the following apply.
a. The member is required to make a contribution for receiving a benefit.
b. The rate of contribution needs to be calculated for a period that is less than the prescribed time period.
The daily rate of contribution is one fourteenth of the fortnightly rate.
For a member of the Permanent Forces, any period when a member is not entitled to salary cannot be counted for salary increments. Exceptions: A member undertaking service with the United Nations or a member on a flexible service determination.
5
Section 3.5.2 (Members on part-time leave without pay)
Omit the section, substitute:
3.5.2 Calculating effective service for a member on a flexible service determination
This section applies to a member who is on a flexible service determination and who is eligible for a retention or completion bonus.
A member's effective service under this Part is calculated each fortnight by multiplying each day in a member's pattern of service by 1.4. The total number of days of effective service in a fortnight must not exceed 14.
Each day in a member's pattern of service, used to calculate effective service under subsection 2, includes the following.
a. Each full day of duty in the fortnight.
b. Each combination of part days of duty in the fortnight that add up to eight hours.
6 Subsection 3.5.10.3 (Effective service for the purpose of the bonus), table item 1 and table item 1A
Omit the table items, substitute:
1.
A member on a flexible service determination.
Effective service is calculated in accordance with section 3.5.2.
7
Subsection 3.5.70.3 (Service that counts towards a member's retention bonus), table item 1
Omit the table item, substitute:
1.
A member on a flexible service determination.
Effective service is calculated in accordance with section 3.5.2.
8
Subsection 3.5.70.3 (Service that counts towards a member's retention bonus), table item 3 exception
Omit the exception.
9
Subsection 3.5.70.3 (Service that counts towards a member's retention bonus), table item 4A
Omit the table item.
10 Subsection 3.5.95.1 (Service that counts towards the bonus)
After the subsection, insert:
1A. For a member on a flexible service determination, when calculating the number of days of eligible service that count towards the bonus, each day in a member's pattern of service is multiplied by 1.4. The total number of days of effective service in a fortnight must not exceed 14.
1B. For a member on a flexible service determination, each day in a member's pattern of service over a fortnightly period can be either of the following.
a. A day in the fortnight that equals or exceeds eight hours.
b. A combination of part days in the fortnight that add up to eight hours.
11 Subsection 3.5.95.2 (Service that counts towards the bonus), table item 2
Omit the table item.
12 Subsection 3.5.95.2 (Service that counts towards the bonus), table item 9
After the table item, insert:
9A.
A member on a flexible service determination.
Each day in a member's pattern of service is effective service and counts towards the bonus
13
Section 3.5.98 (Calculation of partial bonus payment), table step 2
Omit the table step, substitute:
2.
Subtract the number of days of service that do not count towards the bonus from the outcome of Step 1.<br>For a member on a flexible service determination, multiply this result by 1.4.
Schedule 4—Chapter 4
Defence Determination 2016/19, Conditions of service
1 Paragraph 4.1.12.2.c (Conditions and relevant considerations for a higher duties direction)
Omit the paragraph, substitute:
c. The direction to perform higher duties is within the relevant time limits prescribed in section 4.1.14, section 4.1.15 and section 4.1.16.
2 Paragraph 4.1.12.2.d (Conditions and relevant considerations for a higher duties direction)
Omit the paragraph, substitute:
d. This paragraph applies if the member to be directed to undertake higher duties is on a flexible service determination. The duties of the position can be carried out effectively during the member's pattern of service.
3 Subsection 4.1.14.1 (Minimum qualifyi
This is an opening excerpt, not the complete document.