Defence Determination, Conditions of service Amendment (Omnibus) Determination 2019 (No. 34)
1Defence Determination, Conditions of service Amendment (Omnibus) Determination 2019 (No. 34)
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Defence Determination, Conditions of service Amendment (Omnibus) Determination 2019 (No. 34)
I, MICHAEL IAN McCULLOCH, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 11 December 2019
Michael McCulloch
Acting Assistant Secretary People Policy and Employment Conditions Defence People Group
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Travel, accommodation and meals for applicants amendments
Defence Determination 2016/19, Conditions of service
Schedule 2—ADF Retention – Removal, housing and travel amendments
Defence Determination 2016/19, Conditions of service
Schedule 3—Evacuation assistance amendments
Defence Determination 2016/19, Conditions of service
Schedule 4—Long-term posting overseas amendments
Defence Determination 2016/19, Conditions of service
Schedule 5—Overseas benchmark schools and hardship locations amendments
Defence Determination 2016/19, Conditions of service
This Determination is the Defence Determination, Conditions of service Amendment (Omnibus) Determination 2019 (No. 34).
2 Commencement
This Determination commences on 12 December 2019.
3 Authority
This Determination is made under section 58B of the Defence Act 1903.
4 Schedules
Each Determination that is specified in a Schedule to this Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Determination has effect according to its terms.
Schedule 1—Travel, accommodation and meals for applicants amendments
Defence Determination 2016/19, Conditions of service
1
Section 2.1.3 (Purpose)
Omit section, substitute:
2.1.3 Purpose
The purpose of this Division is to provide assistance to a person who has applied to join the ADF. This includes travel costs, allowances and accommodation costs.
2
Section 2.1.4 (Travel, accommodation and meal benefits – certain country applicants)
Omit section, substitute:
2.1.4 Travel, accommodation and meals
This section applies to a person who has applied to be appointed to, or enlisted in, the ADF and all the following apply.
a. They are requested to attend a Defence Force Recruiting Centre for an interview or examination.
b. They attend a Defence Force Recruiting Centre for the interview or examination requested.
c. They are required to travel from their normal place of residence to the Defence Force Recruiting Centre and back to their normal place of residence.
d. They live outside of an area serviced by the metropolitan transport system of the city or town where the Defence Force Recruiting Centre is located.
The person who uses a means of travel in an item in column A of the following table is eligible for the amount in column B for the same item.
Item
Column A<br>Means of travel
Column B<br>Assistance
1.
Private vehicle.
The amount they would be eligible for under section 9.6.25.
2.
Public transport by a regional transport provider, including air travel.
The lesser of these two amounts:<br>a. The fares that the Commonwealth would pay if they held a rank of Colonel or lower.<br>b. The fares that they paid.
The person is eligible for the allowance under subsection 4 for accommodation and meals if they meet both the following.
a. The person has to be absent from their normal place of residence overnight to attend the Defence Force Recruiting Centre and return home.
b. Their meals and accommodation are not provided by the Commonwealth.
The allowance is the lowest of the following amounts.
a. The amount the Commonwealth would have paid if it provided accommodation and meals.
b. The amount the person paid for accommodation and meals.
c. The amount the person would be eligible for under table item 2 of section 9.5.35.
The person is eligible for meal allowance under section 4.5.9 if all the following apply.
a. The person will not be absent from their normal place of residence overnight.
b. The period of their absence includes a meal period.
c. A meal is not provided by the Commonwealth.
3 Section 4.5.8 (Country applicants to the ADF)
Omit section.
Schedule 2—ADF Retention – Removal, housing and travel amendments
Defence Determination 2016/19, Conditions of service
1
Section 1.3.28 (Home port – for a member)
Omit the section.
2
Section 1.3.29 (Home port – for a ship)
Omit the section.
3
Section 1.3.64 (Refitting port)
Omit the section, substitute:
1.3.64 Refitting port
Refitting port means the port where a seagoing ship or seagoing submarine refits if the port is different to the ship's home port.
4
Section 1.3.73 (Service residence)
After the section, insert:
1.3.73A Ship's home port
Ship's home port means the port from which the seagoing ship or seagoing submarine regularly operates for a period of more than one year.
5
Section 6.5.20 (Removal to a personal location where benefits are provided instead of a remote location – Army and Air Force), heading only
Omit " – Army and Air Force".
6
Subsection 6.5.20.1 (Removal to a personal location where benefits are provided instead of a remote location – Army and Air Force)
Omit "of the Army or Air Force".
7
Section 6.5.21 (Removal to a personal location where benefits are provided instead of a remote location – Navy)
Omit the section, substitute:
6.5.21 Removal to a personal location on posting to a seagoing ship or seagoing submarine
A member is eligible for a removal of their dependants to a personal location within Australia at Commonwealth expense if all the following apply.
a. The member is posted to a seagoing ship or seagoing submarine.
b. There are six months or more of the member's posting remaining.
c. The CDF is satisfied the personal location is beneficial to the member or their dependants after considering all of the following.
i. The availability of family or community support at the personal location.
ii. The employment or education needs of the member's dependants.
iii. Any other factor relevant to the welfare of the member's dependants.
8 Section 6.5.36 (Posting to a seagoing ship or Navy aircraft squadron)
Omit the section, substitute:
6.5.36 Removal on posting to a seagoing ship or seagoing submarine
A member posted to a seagoing ship or seagoing submarine for six months or more is eligible for a removal of furniture and effects to one of the following.
a. The ship's home port.
b. The seagoing ship's or seagoing submarine's refitting port.
Note: A member's dependants may be eligible for a removal to a personal location under section 6.5.21.
A member posted to a seagoing ship or seagoing submarine is eligible for a removal to the location of the refit if all the following apply.
a. The seagoing ship or seagoing submarine relocates to a refitting port for six months or more.
b. The member has six months or more remaining of their posting period.
A member is eligible for a removal to the ship's home port if all the following apply.
a. The member was granted a removal under subsection 2.
b. The member has six months or more of their posting remaining.
9 Subsection 6.5.37.1 (Posting to a remote location)
Omit "This includes a removal of a member of the Navy if their home port is in a remote location.".
10 Subsection 6.5.47.3 (Removal if service continues after intended date of ceasing)
Omit the subsection.
11 Subsection 6.5.47.4 (Removal if service continues after intended date of ceasing)
Omit "limits on the benefits in subsections 2 and 3 do", substitute "limit on the benefit under subsection 2 does".
12 Subsection 6.5.54.1 (Member without dependants)
Omit ", or an aircraft squadron where they will be liable to serve on a seagoing ship", substitute "or seagoing submarine".
13 Subsection 6.5.68.1 (Removal from outside posting location)
Omit the subsection, substitute:
This section applies to a member who meets one of the following with a person from outside their posting location.
a. The member is married.
b. The member has a de facto relationship registered on a State or Territory register.
c. The member has a de facto partner recognised under section 1.3.89.
14 Subsection 6.5.68.4 (Removal from outside posting location)
Omit the subsection, substitute:
A member serving in a seagoing ship or seagoing submarine is eligible for a removal to the ship's home port.
15 Section 6.5.71 (Removal eligibility on next posting)
Omit the section, substitute:
6.5.71 Removal eligibility on next posting.
This section applies to a member if all the following apply during a posting period.
a. They gain a dependant by one of the following means.
i. Marriage.
ii. Recognition of a de facto partner under section 1.3.89.
iii. Registration of a de facto relationship on a State or Territory register.
b. They were not eligible or did not accept a removal for their dependant under this Division.
Subject to subsection 3, at the start of the member's next posting, the member is eligible for a removal for their dependants to move to the member’s posting location at Commonwealth expense.
A removal for a member’s dependants who are in a location in an item in column A of the following table is from a location in column B for the same item.
Item
Column A<br>Location dependant lives
Column B<br>Removal location
1.
Inside Australia.
Any of the following.<br>a. The town in which they were married.<br>b. The town where the dependant lived when they were recognised as the member's dependant.<br>c. The town in which the relationship was registered.<br>d. The member's current posting location.<br>e. The member's ship's home port, if the member posted to a seagoing ship or a seagoing submarine.<br>f. Any other location in Australia.
2.
Outside Australia.
Any of the following.<br>a. The town in which the spouse or partner first entered Australia.<br>b. Any other location in Australia.
If a member is removed from a location under table item1.f or table item 2.b, the benefit is limited to the lesser of the following amounts.
a. The cost of the removal.
b. The cost of a removal from the member's posting location or ship's home port at the time they were recognised as a dependant.
For the purpose of this section a town includes a city, suburb or other distinct residential area.
a member with dependants or a member without dependants
is posted to a seagoing ship or a seagoing submarine
the location they are given a removal to under section 6.5.36.
17 Subsection 7.6.29.1 (Member with dependants (unaccompanied) eligibility in two locations)
Omit the subsection, substitute:
A member with dependants (unaccompanied) is eligible for a Service residence for their dependants to occupy if they do not own a suitable home at their dependants' location, unless one of the following applies.
a. The member was not granted a removal for their dependants to a personal location under this Determination.
b. All of the following apply.
i. A deployed member's dependants are granted a removal to a personal location for family support.
ii. On the member's return from the deployment dependants elect to remain in the personal location.
iii. The member has six months or more to serve in their current posting location after their return from the deployment.
c. All of the following apply.
i. A deployed member's dependants are granted a removal to a personal location for family support.
ii. The member had less than six months to serve in their posting location on their return from the deployment.
iii. The member is posted to a new location.
iv. On the member's posting to the new location the dependants elect to remain in the personal location.
d. All of the following apply.
i. A deployed member's dependants are granted a removal to a personal location for family support.
ii. The member keeps their Service residence in their pre-deployment location.
18 Section 7.6.63 (Special conditions on separation – statutory appointees)
After the section, insert:
7.6.64 Dependants at a personal location for member posted to a seagoing ship or seagoing submarine
This section applies to a member if all the following apply.
a. The member was granted a removal for their dependants to a personal location under section 6.5.21.
b. The member's posting to a seagoing ship or seagoing submarine has ended.
c. The member has received a new posting that is not to a seagoing ship or seagoing submarine.
d. The new posting is for six months or more.
The member's eligibility for a Service residence at the personal location ceases on the day the member's new posting begins.
Despite subsection 2, a member's eligibility for a Service residence at the personal location may be extended if all the following apply.
a. The member's dependants have not vacated the Service residence.
b. CDF is satisfied that reasonable steps have been taken to vacate the property before the member's new posting begins.
19 Subsection 7.8.5.1 (Member eligible and period of eligibility), table item 8
After the table item, insert:
meets all the following. the day the member's dependants cannot get suitable accommodation at the personal location the earlier of the following days.
a. They are posted to a seagoing ship or seagoing submarine. a. The day the dependants move into other suitable accommodation.
b. They have been granted a removal for their dependants to a personal location under section 6.5.21. b. The day the member begins a new posting that meets all the following.
i. It is more than six months.
ii. It is not to a seagoing ship or seagoing submarine.
20 Paragraph 8.3.6.2.b (Member who may be classified as a member with dependants (unaccompanied))
Omit the paragraph, substitute:
b. The member is posted to a new posting location for a period of six months or more, unless any of the following apply during the member's posting period.
i. The member is granted a removal to a personal location for their dependants in compassionate circumstances under section 6.5.19.
ii. The member's dependants moved to a personal location for family support when the member was deployed and the member returns from deployment and does not commence a new posting period on return to Australia.
iii. The member's new posting location is to a seagoing ship or seagoing submarine and they are granted a removal to a personal location for their dependants under section 6.5.21.
iv. The separation from dependants occurs because the member's dependants leave the gaining location to move back to the losing location.
v. Item 4 of the table in paragraph a. applies.
21 Paragraph 9.2.21.1.a (Cost limits on travel on posting and removal to certain destinations)
22 Subsection 9.2.21.2 (Cost limits on travel on posting and removal to certain destinations), see note
Omit the see note.
23 Paragraph 9.2.35.3.a (Limits to travel on leaving a personal location)
Omit "home port", substitute "ship's home port".
24 Paragraph 9.2.39.3.b (Failure to complete service)
Omit the paragraph, substitute:
b. A personal location the member was granted a removal to under section 6.5.21.
25 Section 9.3.9 (Travel from other location in Australia)
Omit the section, substitute:
9.3.9 Travel from other location in Australia
This section applies to a member if all the following apply.
a. One of the following applies.
i. They marry in Australia.
ii. They have a partner recognised as a dependant under section 1.3.89.
iii. They have their de facto relationship registered on a State or Territory register.
b. At the time the event in paragraph a. occurs, one of the following applies.
i. They are away from their posting location.
ii. They are posted to a seagoing ship or seagoing submarine.
c. The marriage or the application for recognition of a partner as a dependant, or registration, was not arranged before the start of the member's posting period.
d. They have at least 12 months left to serve on continuous full-time service when the benefit under this section is approved.
e. They would have been eligible for travel benefits if they had a spouse or partner before they commenced their posting period.
The member is eligible for their dependants to travel at Commonwealth expense to the member's posting location from one of the following locations.
a. The town they were married in.
b. The town the member's partner lived when they were recognised as the member's dependant.
c. The town the member's partner lived when their relationship was registered.
For the purpose of this section a town includes a city, suburb or other distinct residential area.
26 Subsection 9.3.10.1 (Travel from outside Australia)
This section applies to a member who becomes a member with dependants before commencing a new posting period.
On their next posting, the member is eligible for their dependants to travel at Commonwealth expense from a location in paragraph a to the location in paragraph b.
a. A location from which the member is eligible for a removal under section 6.5.71.
b. The member's new posting location.
If a member is removed from a location under section 6.5.71 table item 1.f or table item 2.b, the benefit is limited to the lesser of the following amounts.
a. The cost of the travel.
b. The cost of a travel from the member's posting location or ship's home port at the time the member was recognised as a dependant.
Defence Determination 2016/19, Conditions of service
1
Section 1.3.21 (Effective date of posting)
After the section, insert:
1.3.21A Emergency
Emergency means an event that causes, or threatens to cause any of the following.
a. The death of, or injury or other damage to the health of, any person on a Defence establishment.
b. The destruction of, or damage to, any property on a Defence establishment.
c. A disruption to essential services on a Defence establishment.
Note: This is not limited to naturally occurring events (such as earthquakes, floods or storms) but would, for example, include fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks, sieges, riots, acts of terrorism and hostilities by an enemy.
2 Section 1.3.24 (Equivalent rank)
After the section, insert:
1.3.24AA Evacuation order
Evacuation order means an order given by the Senior ADF Officer of a Defence establishment in response to an emergency to evacuate the establishment.
3 Section 7.0.2 (Contents)
After the entry for Part 10, insert:
Part 11 Evacuation assistance
4 Annex 7.F (Contributions for food – temporary accommodation allowance)
After the annex, insert:
Part 11: Evacuation assistance
7.11.1 Purpose
1.
The purpose of this Part is to provide members and their dependants who occupy service accommodation on a Defence establishment with accommodation and other benefits if the establishment is evacuated due to an actual or imminent emergency.
7.11.2 Members this part applies to
This Part applies to a member who occupies either of the following on a Defence establishment immediately before an evacuation order is issued.
a. A Service residence.
b. Living-in accommodation.
7.11.3 Period of evacuation assistance
A member is eligible for evacuation assistance from the one of the following times.
a. If the evacuation order included an end time, that time.
b. If no end time was included in the evacuation order, the time the evacuation order was issued.
A member ceases to be eligible for evacuation assistance at one of the following times.
a. If the evacuation order included an end time, that time.
b. If no end time was included in the evacuation order, the time the establishment returns to a business as usual state.
7.11.4 Accommodation assistance
A member who was occupying a Service residence immediately before the evacuation order was issued is eligible for the reasonable costs of accommodation for the following persons.
a. The member.
b. Each dependant of the member occupying the Service residence with the member immediately before the evacuation order was issued.
Subject to subsection 3, a member who was occupying living-in accommodation is eligible to occupy living-in accommodation at another Defence establishment within 50 kms.
Note: The Acts Interpretation Act 1901 applies to the measurement of distance in this section.
A member who is unable to occupying living-in accommodation under subsection 2 is eligible for the reasonable costs of accommodation.
7.11.5 Meals assistance
Subsection 2 applies to a member eligible to receive the reasonable costs of accommodation under section 7.11.4.
For each occurrence of a meal in an item in column A of the table in section 7.5.24 during the evacuation period, the member is eligible for the costs of meals up to the following amount.
a. If the member is in a Capital city or high-cost country centre, the sum of the following
i. For the member and each dependant of the member who is 10 years old or older occupying the accommodation with the member — the amount specified in column B of the same item for each person.
ii. For each dependant of the member who is less than 10 years old occupying the accommodation with the member — 50% of the amount specified in column B of the same item.
b. If the member is in another location, the sum of the following
i. For the member and each dependant of the member who is 10 years old or older occupying the accommodation with the member — the amount specified in column C of the same item for each person.
ii. For each dependant of the member who is less than 10 years old occupying the accommodation with the member — 50% of the amount specified in column C of the same item.
7.11.6 Transport assistance
A member who is required to drive more than 50 km to occupy accommodation under section 7.11.4 is eligible for vehicle allowance at the rate provided in section 9.6.25.
Note: The Acts Interpretation Act 1901 applies to the measurement of distance in this section.
7.11.7 Additional funds
1.
Subject to subsection 2, a member is eligible for a reimbursement of up to $500.00 for additional costs if the Senior ADF Officer is satisfied that there are exceptional circumstances for making the payment that arose in connection with the evacuation.
2.
A reimbursement cannot be made under this section for costs relating to accommodation, meals or vehicle allowance.
Schedule 4—Long-term posting overseas amendments
Defence Determination 2016/19, Conditions of service
1 Section 15.2A.2 (Contents)
After the entry for Division 4, insert:
Division 5 Other matters affecting the overseas living allowances – member posted on or after 1 July 2017
Division 6 Meal and clothing allowances – member posted on or after 1 July 2017
2 Section 15.2A.5 (Member this Part does not apply to)
Omit the section.
3 Chapter 15 Part 2A Division 4 (Child supplement allowance – member posted on or after 1 July 2017)
After the Division, insert:
Division 5: Other matters affecting the overseas living allowances – member posted on or after 1 July 2017
15.2A.21 Purpose
The purpose of this Division is to provide what happens to a member's overseas living allowance in specific circumstances.
15.2A.22 Member this Division applies to
This Division applies to a member when either of the following applies.
a. The member or their dependants are temporarily absent from the posting location.
b. The member permanently leaves the posting location before their dependants.
15.2A.23 Temporary absence from the posting location – accompanied member
This section applies to a member when either of the following are temporarily absent from the posting location for longer than 28 days.
a. The member and their dependants.
b. The member's dependants.
The member ceases to be eligible for the following allowances on the 29 th day of the absence.
a. Cost of posting allowance.
b. Child supplement allowance.
Notes: To avoid doubt, the following apply. 1. A member continues to be eligible under section 15.2A.11 for the cost of living adjustment if they temporarily leave the posting location for longer than 28 days.
The member remains eligible for the allowances specified under subsection 2 if their dependants remain in the posting location.
The member is eligible for any allowances that have ceased under subsection 2 on the day the people under subsection 1 return to the posting location.
15.2A.24 Temporary absence from the posting location – unaccompanied member
1.
The member ceases to be eligible for the cost of posting allowance if they are temporarily away from the posting location for longer than 28 days.<br>Note: To avoid doubt, the member continues to be eligible for the cost of posting allowance until the end of the 28th day.
2.
The member is eligible for the cost of posting allowance ceased under subsection 1 on the day the member returns to the posting location.
15.2A.25 Member permanently leaves posting location before their dependants
A member continues to be eligible for overseas living allowances if all of the following apply.
a. The member permanently leaves the posting location
b. The member’s dependants remain in the posting location.
Subsection 1 ceases to apply on the earlier of the following days.
a. The day that the dependants leave the posting location.
b. The day that is 28 days after the member leaves the posting location.
The period under paragraph 2.b may be extended if the CDF is satisfied that it is reasonable having regard to the following.
a. The reason the dependants remained in the posting location after the member's departure.
b. The date the dependants will travel from the posting location at Commonwealth expense.
Division 6: Meal and clothing allowances – member posted on or after 1 July 2017
15.2A.26 Purpose
This Part provides meal and clothing allowances for a member living at a posting location overseas in specific circumstances.
15.2A.27 Meal allowance – additional duty
A member is eligible for meal allowance if they perform additional duty that meets all of the following.
a. The duty is for a period of at least three hours before or after the member's normal period of duty.
b. The duty is over a meal period.
c. The member does not get a meal break.
2 Despite subsection 1, a member is not eligible for meal allowance if either of the following apply.
a. A meal is provided at no cost to the member.
b. The member has received travelling allowance for that meal period.
The rate of meal allowance is worked out as follows.
Where:
A is the exchange rate used to pay salary to members for the pay period in which the additional duty occurred.
B is the post index used to calculate overseas allowances for the posting index location under section 12.3.14A for the pay period in which the additional duty occurred.
For the purpose of subsection 1, a meal period means one of the following.
a. A meal period set out in section 1.3.39, Meal period.
b. A period the CDF approves as an equivalent period at the posting location having regard to local meal times and the hours of duty that the member normally observes.
15.2A.28 Meal costs in temporary accommodation
A member is eligible for the reimbursement for the cost of meals, up to the limit for each day set out in Annex 13.3.A, if both of the following apply.
a. The member is directed to live in at the posting location.
b. A meal has not been provided to the member.
15.2A.29 Special garment allowance
A member is eligible for the reimbursement of costs for special garments for themselves and their dependants if the CDF is satisfied it is reasonable having regard to a dress code imposed by religious custom or law at the posting location.<br>Note: This includes special garments a dependant may require during a reunion visit to the posting location.
Schedule 5—Overseas benchmark schools and hardship locations amendments
Defence Determination 2016/19, Conditions of service
1
Annex 15.6.A (Benchmark schools), table item 1
Insert after the table item:
1A.
Brunei
International School Brunei
International School Brunei
International School Brunei
2
Annex 15.6.A (Benchmark schools), table item 11A
Omit the table item, substitute:
11A. Italy American Overseas School of Rome American Overseas School of Rome American Overseas School of Rome
Pisa International School of Florence International School of Florence International School of Florence
3
Annex 16.B (Hardship location conditions of service – member posted on or after 1 July 2017), table item 3
This section applies to a member who was deployed on Operation STEADFAST before the commencement of this Determination and meets both the following.
a. The member performed duty in the specified area in table item 10 of subsection 17.7.6.1 of Defence Determination 2016/19, Conditions of service, as amended by this Determination, at any time between 10 September 2018 and the commencement of this Determination.
b. The member did not receive deployment allowance for duty performed in the area specified immediately prior to the commencement of this Determination.
The member is eligible for deployment allowance for each day of duty the member met the conditions set out in subsection 1.
The rate of deployment allowance for duty performed between a date in an item in column A and column B is the amount in column C of the same item of the following table.