I, LISA ANNETTE ARNOLD, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903. Dated 27 March 2017
L A ARNOLD Acting Assistant Secretary Defence People Group |
1 | Citation |
1. | This Determination is Defence Determination 2017/11, Service with the United Nations – amendment. |
2. | This Determination may also be cited as Defence Determination 2017/11. |
2 | Commencement |
1. | Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. |
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 3 April 2017. |
|
| Note: This table relates only to the provisions of this instrument as originally made.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 | Amendment |
| Defence Determination 2016/19, Conditions of service, as amended,1 is amended as set out in this Determination. |
5 | Section 3.2.10 (Service with the United Nations or multi-national force) |
| Omit the section. |
6 | Paragraph 5.4.38.1.b (Salary not payable) |
| At the end of the paragraph add: |
| Exception: A member who is subject to the rules under Chapter 12 Part 4 Division 2, Member remunerated by the ADF. |
7 | Section 12.0.2 (Contents) |
| Omit "Employment with the UN", substitute "Service with the United Nations". |
8 | Chapter 12 Part 4 (Employment with the UN) |
| Repeal the Part and substitute the Part set out in the Schedule. |
9 | Subsection 15.3.4.1 (Travel for short-term duty while on long-term posting) |
| At the end of the paragraph add: |
| Exception: This Division does not apply to a member who is undertaking service with the UN to whom Chapter 12 Part 4, Service with the United Nations, applies. |
10 | Transitional |
| This section applies to a member who had a benefit approved by the CDF under subsection 12.4.4.2 before the commencement of this Determination. The member is taken to be eligible for the corresponding benefit under subsection 12.4.6.2 of this Determination. |
NOTE | |
1. | Defence Determination 2016/19 as amended to date. For previous amendments see Note to Defence Determination 2017/1 and amendments made by Defence Determinations 2017/1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. |
| The purpose of this Part is to outline the conditions of service for members undertaking a period of service with the United Nations (UN). |
| An approved period of service with the UN counts as service for the purpose of salary increments and accrual of service for long service leave. See: |
| This Part includes the following Divisions. | |
| Division 1 | Member remunerated by the UN |
| Division 2 | Member remunerated by the ADF |
| The purpose of this Division is to outline the conditions of service for members who meet both of the following conditions. | |
| a. | They are undertaking a period of service with the UN. |
| b. | They are receiving remuneration from the UN. |
| This Division applies to a member who meets both of the following conditions. | |
| a. | They are released from duty to undertake a period of service with the UN. |
| b. | They are receiving remuneration from the UN. |
1. | A member and their dependants are not eligible for benefits under Chapters 1 to 17 for the following periods. | ||
| a. | The period of service with the UN. | |
| b. | Any period immediately before or after the period of service with the UN, in relation to the following. | |
| i. | Conditions of service for long-term posting overseas that would be payable in relation to the period of service. | |
| ii. | Travel costs or any other costs incurred by the member or a dependant in connection with the service with the UN. | |
2. | Despite subsection 1, the CDF may approve the following benefits, as if the member were going on, or on a long-term posting. | ||
| a. | Storage of the member's and dependant's possessions within Australia at Commonwealth expense, while the member is on a period of service with the UN. | |
| b. | Reimbursement for insurance of the possessions stored under paragraph a. | |
| c. | Outlay advance. | |
| d. | Assistance with health services provided overseas for a member and their dependants. | |
| e. | Temporary accommodation allowance while in Australia. | |
3. | For subsection 2, the CDF must consider all the following factors. | ||
| a. | Whether there is a similar benefit provided by the UN. | |
| b. | The costs incurred by the member and dependants. | |
| c. | Any other factor relevant to the member's circumstances during the approved period of service with the UN. | |
| The purpose of this Division is to outline the conditions of service for members undertaking a period of service with the UN and receiving remuneration from the ADF. |
| This Division applies to a member who meets both of the following conditions. | |
| a. | The member is released from duty to undertake a period of service with the UN. |
| b. | The member is receiving remuneration from the ADF. |
| Chapters 1 to 12 and Chapters 14 to 16 apply to a member under this Division as if the member were on a long-term posting overseas. |
| Note: The member is subject to any eligibility conditions set out in the allowance or benefit. |
| The member must use their ADF leave credits when taking any period of leave during their service with the UN. |
| Note: This includes periods of leave that the member has been directed to take by the UN. |
