Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment (Miscellaneous amendments) Determination 2021 (No. 16)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 12 August 2021

F L McSPEERIN

Fiona Louise McSpeerin

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

5  Application

Schedule 1—Miscellaneous amendments – Chapter 2

Defence Determination 2016/19, Conditions of service

Schedule 2—Miscellaneous amendments – Chapter 3

Defence Determination 2016/19, Conditions of service

Schedule 3—Miscellaneous amendments – Chapter 4

Defence Determination 2016/19, Conditions of service

Schedule 4—Miscellaneous amendments – Chapter 5

Defence Determination 2016/19, Conditions of service

Schedule 5—Miscellaneous amendments – Chapter 6

Defence Determination 2016/19, Conditions of service

Schedule 6—Miscellaneous amendments – Chapter 7

Defence Determination 2016/19, Conditions of service

Schedule 7—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

 

1  Name

This instrument is the Defence Determination, Conditions of service Amendment (Miscellaneous amendments) Determination 2021 (No. 16).

2  Commencement

 

1.

Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 4

The day after the instrument is registered

 

2. Schedules 1 to 7

A day to be fixed by Assistant Secretary People Policy and Employment Conditions by notifiable instrument.

 

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commence within the period of 12 months beginning on the day after this instrument is registered, the provisions are repealed on the day after the end of that period.

 

 

 

Note: This table relates only to the provisions of this instrument as originally made.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 no 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.

5  Application

In Schedules 1 to 6 of this Determination the following apply.

Example also includes reference to non-example.

See note also includes reference to see also, related information, relevant information and authority.

Schedule 1—Miscellaneous amendments – Chapter 2

Defence Determination 2016/19, Conditions of service

 

Omit the section.

 

Omit the section.

 

Omit the title.

 

Omit “The purpose of this Division is to provide”, substitute “This Part provides”.

 

Omit the Division.

 

Omit the Division.

 

Omit the section.

 

Omit wherever occurring the see notes.

 

After “long service leave”, insert “under Chapter 5 Part 5”.

 

Omit the note.

 

Omit the paragraph.

 

Omit the note.

 

Omit the note.

 

Omit the example.

 

Omit the section.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

After “Removal”, insert “under Chapter 6”.

 

After “assistance”, insert “under Chapter 7”.

Schedule 2—Miscellaneous amendments – Chapter 3

Defence Determination 2016/19, Conditions of service

 

Omit the section.

 

Omit the Part.

 

Omit the see note.

 

Omit the related information.

 

Omit the example.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the subsection, substitute:

1.

In this section, relevant military service means service that meets all of the following.

 

a.

That was in any of the following.

 

 

i.

The ADF.

 

 

ii.

The forces of a Commonwealth country.

 

 

iii.

The United States of America.

 

b.

It is relevant to the kind of work the member enlisted or is appointed to do.

 

c.

It was performed at a rank equivalent to the rank the member enlisted or is appointed to, or at a higher rank, or a rank the CDF had declared is equivalent.

 

Omit the see note.

 

Omit the example.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

After “rate of salary”, insert “under Division 4 or Division 4A”.

 

Omit the see note.

 

Omit wherever occurring see notes.

 

Omit the example.

 

Omit the example.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit the note, substitute:

3.

To avoid doubt, if an Officer Aviation member in the Air Force has their rank reduced under paragraph 14(1)(d) of the Defence Regulation, the member continues to hold the Officer Aviation increment the member held immediately before the reduction in rank.

 

Omit the note.

 

Omit the see note.

 

Omit “otherwise reduce”, substitute “be reduced”.

 

Omit wherever occurring the see notes.

 

After the section, insert:

 

h.

An Other Rank member on appointment and commissioning.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit the example.

 

Omit the see note.

 

Omit the example.

 

Omit the note.

 

Omit the Part.

 

Omit the section, substitute:

 

This Part sets out the recovery of benefits when a member has received more than what they are eligible for.

 

Omit wherever occurring the examples.

 

After the title, insert:

 

Omit the section, substitute:

 

This Part provides retention and completion bonuses to retain members with the relevant skills and capability critical to the ADF.

 

Omit wherever occurring the see notes.

 

After “retirement age”, insert “under paragraph 23(2)(b) of the Defence Regulation”.

 

Omit the see note.

 

Omit the note, substitute:

1A.

The period of service determined under subsection 1 must not include any past period of service.

 

Omit “positions”.

 

Omit the examples.

 

Omit wherever occurring the see notes.

 

Omit the paragraph, substitute:

 

b.

Subject to paragraph c, the member will receive an amount calculated using the following formula for the period they have completed under the other scheme if all of the following are met.

 

 

i.

The other scheme is a completion bonus.

 

 

ii.

The member will not complete the agreed period of service under the other scheme.

 

 

Where:

 

A

is the number of calendar days in the following period.

 

 

a.

Starting on the day the member is taken to start their undertaking to serve under the other scheme.

 

 

b.

Ending on the day before the date the member ceases to serve under the other scheme.

 

B

is the number of days of ineffective service in the period under A.

 

C

is the number of years in the period.

 

D

is the number of leap years in the period.

 

E

is the bonus amount the member would have received under the other scheme.

 

Omit the see note.

 

Omit subsection, substitute:

1.

A member of the Reserves may be offered a payment under this section if the CDF is satisfied that all of the following apply.

 

a.

There is a capability gap.

 

b.

The member meets all of the conditions required for the duty to be performed in connection with the capability gap.

 

c.

The member is able to complete the period of duty required within their period of service.

 

 

Note: Permission to serve beyond the member's period of service needs to be granted before an offer of period of duty for Reserve capability payment is made.

 

Omit wherever occurring the examples.

 

Omit the subsection, substitute:

2.

The CDF may extend the period under paragraph 1.b up to a maximum of one year if all of the following apply.

 

a.

The member has not met the criteria under paragraph 1.a or paragraph 1.c.

 

b.

The member has not completed the period specified under paragraph 1.b.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit the note.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the see note.

 

Omit the example.

 

Omit the example.

 

After the subsection, insert:

4.

The repayment amount under subsection 3 is calculated using the following formula.

 

 

Where:

 

A

is the total number of days in the period that the member agreed to serve under this Division.

 

B

is the number of calendar days in the following period.

 

 

a.

Starting on the day the member is taken to start their undertaking to serve under this Division.

 

 

b.

Ending on the day before the date the member ceases to serve under this Division.

 

C

is the number of days of ineffective service in the period under B.

 

D

is the bonus amount the member would have received under the other scheme.

 

Omit the section.

 

Omit the annex.

 

Omit “Overview”, substitute “Purpose”.

 

Omit the see note.

 

Omit wherever occurring the notes.

 

Omit the example.

 

Omit the see notes.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit the see note.

 

Omit the note, substitute:

3.

Despite subsection 2, if the member does not complete agreed period of service in relation to a retention bonus under Chapter 3 Part 5, they may be required to repay all or part of the retention bonus.

 

Omit the see note.

 

 

Schedule 3—Miscellaneous amendments – Chapter 4

Defence Determination 2016/19, Conditions of service

 

Omit the section.

 

Omit the Part.

 

Omit the Part.

 

Omit the section.

 

Omit the see notes.

 

Omit the see note.

 

Omit the section, substitute:

 

The former member is eligible for a daily payment for refresher training calculated using the following formula.

 

 

Where:

 

A

is the rate of salary the former member would have received, including any higher duties allowance, on the day the training course begins at the rank they held on the day before they left the ADF.

 

B

is the salary, excluding overtime or penalty rates, a civilian employer would pay them on the day the training course begins.

 

C

is the period of the course up to a maximum of 90 days.

 

Omit the see note.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the section.

 

Omit the examples.

 

Omit the section, substitute:

 

The definitions apply in this Division.

 

Commission of Inquiry means an inquiry made under the Defence (Inquiry) Regulations 2018.

 

Omit wherever occurring the examples.

 

Omit “Court”, substitute “Commission”.

 

Omit the table item, substitute:

 

5.

Military duty as a legal officer representing or assisting in the representation of a person, including a person who has died, before a Commission of Inquiry.

 

 

Omit subparagraph a.iii, substitute:

 

iii.

Acting as an inquiry officer or as an inquiry assistance under section 11 of the Defence (Inquiry) Regulations 2018.

 

Omit the see notes.

 

Omit the examples.

 

Omit the see notes.

 

Omit the see note.

 

Omit the example.

 

Omit the subsection, substitute:

6.

The amount the member must repay under subsection 5 is calculated using the following formula.

 

 

Where:

 

A

is the number of days in the following period.

 

 

a.

Starting when the member stops being insured under a health insurance policy.

 

 

b.

Ending one year after the member became eligible for their last health support allowance payment.

 

B

is the amount of the member’s last payment under this Division.

 

Omit the example.

 

Omit the examples.

 

Schedule 4—Miscellaneous amendments – Chapter 5

Defence Determination 2016/19, Conditions of service

 

Omit the section.

 

Omit “Overview”, substitute “General provisions”.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the example.

 

Omit the example.

 

Omit “Related information”, substitute “Note”.

 

Omit wherever occurring the examples.

 

Omit the notes.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit the see note.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit the example.

 

Omit the section.

 

Omit “Purpose, eligible members and definitions”, substitute “General provisions”.

 

Omit the note.

 

Omit the note.

 

Omit the section, substitute:

 

The following definitions apply in this Division.

 

Field service has the same meaning as in Division B.13 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Flight duties has the same meaning as in Division B.7 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Special service means service performed for one of the following.

 

a.

For the purposes of Division B.12 of DFRT Determination No. 11 of 2013, ADF allowances.

 

b.

For the purposes of Division B.14 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Omit wherever occurring the examples.

 

Omit the related information.

 

Omit the subsection, substitute:

1.

This section applies to a member who meets the eligibility conditions for a rate of maritime disability allowance under Division B.9 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Omit the subsection, substitute:

1.

This section applies to a member who meets the eligibility conditions for a rate of field allowance under Division B.13 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Omit the examples.

 

Omit the subsection, substitute:

1.

This section applies to a member who meets the eligibility conditions for a rate of flying disability allowance under Division B.7 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Omit the paragraph, substitute:

 

a.

Special Forces disability allowance under Division B.12 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Omit the paragraph, substitute:

 

b.

Clearance diver allowance under Division B.14 of DFRT Determination No. 11 of 2013, ADF allowances.

 

Omit the see note.

 

Omit the example.

 

Omit the see note.

 

Omit “At the time”, substitute “Subject to subsection 4, at the time”.

 

Omit the note.

 

Omit the examples.

 

Omit the subsection, substitute:

3.

The amount of leave the member is credited each fortnight is calculated using the following formula.

 

 

Where:

 

A

is the total number of hours of recreation leave credits that were approved to be purchased.

 

B

is the number of pay periods the member elected to pay for the purchased hours over.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the subsection, substitute:

2.

Time limits for taking leave credits are set out in section 5.4.34.

 

Omit the related information.

 

Omit the subsection, substitute:

1.

A member’s leave credits are reduced by the number of days, or part days, for which recreation leave is granted.

 

Omit the see notes.

 

Omit the subsection, substitute:

1.

If a member has a recreation leave credit that exceeds 90 days on the lapsing day, the recreation leave credit that exceeds 90 days expires on the lapsing day.

1A.

For the purpose of subsection 1, the lapsing day is the last payday before 30 June each year.

 

Omit the note.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit the subsection, substitute:

3.

Special arrangements apply under section 4.1.7 to the payment of higher duties allowance during a period of recreation leave.

 

Omit “under section 5.1.2A”, substitute “under subsection 1”..

 

Omit the authority.

 

Omit the example.

 

Omit the section, substitute:

 

This Division applies to the following.

 

a.

A member who ceases continuous full-time service, including the CDF.

 

b.

A member who has died, but limited to calculate the amount payable under section 1.6.4.

 

Omit the see note.

 

Omit the section.

 

Omit the section.

 

Omit the title, substitute:

 

Long service leave is intended to give an extended period away from work to a member who has served for 10 years or more.

 

Omit the note.

 

Omit the section, substitute:

 

In this Part the following apply.

 

Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976.

 

Start Date is one of the following.

 

a.

For a period of long service leave, the first day of the member’s absence.

 

b.

For payment of long service leave, the earliest of the following days.

 

 

i.

The day the member begins career transition training.

 

 

ii.

The day the member is transferred to a transition centre.

 

 

iii.

The day the member begins a period of recreation leave or long service leave that ends immediately before the member ceases continuous full-time service.

 

 

iv.

The day the member ceases continuous full-time service.

 

Omit wherever occurring the examples.

 

Omit “A month’s leave may be a calendar month or may span two calendar months.”.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit “Every”, substitute “Each full”.

 

Omit the note.

 

Omit the see note.

 

Omit “Reserve service”, substitute “Subject to subsection 5.5.15.2, Reserve service”.

 

Omit the note.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the subsection, substitute:

1.

A period that could be counted as service under the Long Service Leave Act, on or after 1 January 1973, is accrued service under this Part.

1A.

The following are not recognised as prior service under this Part.

 

a.

Periods of ineffective service with a prior employer.

 

b.

Service with the armed forces of another country.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the examples.

 

Omit the subsection.

 

Omit the see note.

 

Omit the paragraph, substitute:

 

c.

Any period of more than one day that the member is not entitled to salary or allowances under Chapter 1 Part 7.

 

Omit the examples.

 

Omit the see note.

 

Omit the section, substitute:

 

This Division does not apply to the following members.

 

a.

A member who is discharged from on Service to start an appointment in another Service without a break.

 

b.

A member who has died.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the subsection.

 

Omit the examples.

 

Omit the see notes.

 

Omit the comparison.

 

Omit the subsection, substitute:

2.

A member who has been granted maternity leave may also be eligible for parental leave under Part 7.

 

Omit the note.

 

Omit the see also note.

 

Omit “Overview”, substitute “Purpose”.

 

Omit the subsection, substitute:

1.

This Division sets out the maternity leave entitlement available to a member.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit the see notes.

 

Omit the see note.

 

Omit the note.

 

Omit the note.

 

Omit the see note.

 

Omit “have access to parental leave”, substitute “be eligible for parental leave under Part 7”.

 

Omit the see note.

 

Omit the section.

 

Omit the see note.

 

Omit the see note.

 

Omit the examples.

 

Omit the note.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit the example.

 

Omit the see notes.

 

Omit the examples.

 

Omit “Note: For more information on warlike and non-warlike deployments, see Chapter 17, Warlike and non-war-like deployments.”.

 

Omit the section, substitute:

 

In this Part the following apply.

 

Operational area means any of the following.

 

a.

For overseas service on deployment, has the meaning given in section 1.3.48.

 

b.

For overseas service other than a deployment, has the meaning given in section 6 of the Veterans’ Entitlements Act 1986.

 

Omit the subsection, substitute:

3.

The amount of war service leave credit for a fortnightly pay period is calculated using the following formula and rounded to the nearest 2 decimal places.

 

 

Where:

 

A

is the number of days the member spent in an operational area while on warlike service during a fortnightly pay period.

 

B

is any of the following part days which count as a full day.

 

 

a.

Any part day at the beginning or the end of the period.

 

 

b.

Any part day when the member is absent from the operational area.

 

Omit the see note.

 

Omit the subsection, substitute:

2.

The member does not accrue any of the following leave types while on warlike service in an operational area.

 

a.

Additional recreation leave in a remote location under section 5.4.17.

 

b.

Additional recreation leave in a hardship location under Chapter 16 Part 3A.

 

c.

Additional recreation leave for non-warlike service under Chapter 17 Part 7 Division 3.

 

d.

Extra recreation leave for arduous or prolonged duty under Part 4 Division 4.

 

After “recreation leave”, insert “under Part 4 Division 3”.

 

Omit the see note.

 

Omit the related information.

 

Omit wherever occurring the examples.

 

Omit the note.

 

Omit the see note.

 

Omit the section.

 

Omit “Introduction”, substitute “General provisions”.

 

Omit the section.

 

Omit wherever occurring the examples.

 

Omit the examples.

 

Omit the see note.

 

Omit the subsection, substitute:

1.

This Division applies to a member who undertakes any of the following kinds of travel.

 

a.

Recreation leave travel taken in Australia only under Chapter 9 Part 4 Division 1.

 

b.

Compassionate travel under Chapter 9 Part 3 Division 8.

 

c.

Pre-deployment leave travel under Chapter 9 Part 4 Division 2.

 

d.

Travel for removal purposes in Australia under Chapter 9 Part 2 Division 3.

 

e.

Return travel to Australia from a deployment using relief out-of-country travel fare assistance under Chapter 17 Part 7 Division 4.

 

Omit the example.

 

Omit the see note.

 

Omit the see note.

 

Omit the examples.

 

Omit the note.

 

Omit the examples.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the paragraph, substitute:

 

a.

Whether it would severely disadvantage a member or their dependants if they ceased to be eligible for an allowance during a period.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit the subsection, substitute:

1.

A period of leave without pay does not count as qualifying service for any of the following.

 

a.

Salary increments under Chapter 3 Part 2 Division 3.

 

b.

Recreation leave under section 5.4.8 if the leave without pay is for longer than 24 hours.

 

c.

Long service leave under section 5.5.18 if the leave without pay is not for illness and is for more than three months.

 

Omit the example.

 

Omit the example.

 

Omit the see note.

 

Omit the Annex.

 

Omit the section.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit the example.

 

Omit the see note, substitute:

3.

Before a member is granted short absence from duty with additional recreation leave section 5.11.5 must also be met.

 

Omit wherever occurring the examples.

 

Omit the related information.

 

Omit the note.

 

Omit the note.

 

Omit the see note.

 

Omit the example.

 

Omit the see notes.

 

Omit the see note.

 

After “period of leave”, insert “for operational reasons”.

 

Omit the examples.

 

Omit the section.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the examples.

 

Omit the see note.

 

Omit the subsection, substitute:

1.

A member will be re-credited unused leave under section 5.4.35 when the unused leave is a result of a recall from leave order.

 

Omit the see note.

Schedule 5—Miscellaneous amendments – Chapter 6

Defence Determination 2016/19, Conditions of service

 

Omit the section, substitute:

 

This Chapter sets out the provisions relating to relocation benefits for members and their dependants when they are relocating within Australia.

 

Omit “6.0.3”, substitute “6.1A.2”.

 

Omit wherever occurring the examples.

 

Omit the definition of Suitable own home, substitute:

 

Suitable own home

Has the same meaning as in Chapter 7 Part 2.

 

 

Omit the section.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit the note.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the example.

 

Omit the section, substitute:

1.

A member, or a dependant of a deceased member, is eligible for the reimbursement of the financial loss on the sale of furniture and effects if they choose to sell the items instead of having them removed to another location in Australia.

2.

A reimbursement under this section is only payable to one person.

 

Omit the examples.

 

Omit wherever occurring the see notes.

 

Omit the notes, substitute:

4.

If the member’s adult dependant is also a member, only one member is eligible for the benefit under this section.

 

Omit the see note.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the Part.

 

Omit the section.

 

Omit the title, substitute:

 

Omit the section, substitute:

1.

A member who is not eligible for a removal under a Division listed in subsection 2, is eligible for a removal under this Part if the CDF is satisfied that any of the following apply to the member or their dependants.

 

a.

The safety or welfare of the member or dependant would be at high risk if they stayed in their accommodation.

 

b.

A change in family circumstances requires urgent action.

 

c.

The removal is necessary to prevent an emergency from happening.

 

d.

The member has specific housing needs during rehabilitation or as a result of an acquired injury.

2.

For the purpose of subsection 1 the Divisions are as follows.

 

a.

Division 4, Posting or deployments.

 

b.

Division 6, Removal on ceasing continuous full-time service.

 

c.

Division 8, When a member becomes a member with dependants.

 

d.

Division 9, When a member ceases to be a member with dependants.

 

e.

Division 11, Removal on death of a member.

 

A member of the Reserves is eligible for a removal on the following occasions.

 

a.

When they are to begin continuous full-time service on a posting or more than 6 months.

 

b.

When they cease continuous full-time service that was for a period of more than 6 months.

 

Omit “. However, they may be eligible for a removal if Service reasons require them to relocate”, substitute “, unless the member’s Service require them to relocate”.

 

Omit the paragraph, substitute:

 

d.

If the member requests to have the decision to grant an extended posting location under section 1.3.55 revoked.

 

Omit the notes.

 

After the subsection, insert:

3.

A removal under subparagraph 2.b.ii does not include the dependant’s furniture and effects.

 

Omit the see note.

 

Omit “describes”, substitute “sets out”.

 

 

Omit the examples.

 

Omit the example.

 

Omit the example.

 

Omit “Members are to be reimbursed the”, substitute “A member is eligible for the reimbursement of”.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit “describes”, substitute “sets out”.

 

Omit the related information.

 

Omit the examples.

 

Omit wherever occurring the examples.

 

Omit the subsection, substitute:

1.

If a member is posted to a remote location for 6 months or more, the member is eligible for a removal for their dependants to a personal location.

1A.

A removal under subsection 1 is limited to what would be paid for a removal to the remote location.

 

Omit the example.

 

Omit the see note.

 

Omit the example.

 

Omit the see note.

 

Omit the note.

 

Omit the related information.

 

Omit the see note.

 

Omit “describes”, substitute “sets out”.

 

Omit “(For overseas removals, see Chapter 14, Relocating to or from a long-term posting overseas.)”.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit the example.

 

Omit the see note.

 

Omit the note.

 

Omit the note.

 

Omit wherever occurring the see notes.

 

Omit “describes”, substitute “sets out”.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the note.

 

Omit the example.

 

Omit the example.

 

Omit the example.

 

Omit the note.

 

Omit the note.

 

Omit the example.

 

Omit the see note.

 

Omit the note.

 

Omit the section, substitute:

 

A member’s eligibility for the removal of a vehicle, including towable items, a recreational or hobby vehicle, on ceasing continuous full-time service is the same as for a removal on posting under section 6.5.40.

 

Omit “describes”, substitute “sets out”.

 

Omit the see note.

 

Omit “describes”, substitutes “sets out”.

 

Omit wherever occurring the examples.

 

Omit the subsection, substitute:

2.

A member ceases to be eligible for storage if they reject an offer of a suitable Service residence and they become ineligible to receive temporary accommodation allowance or rent allowance.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit “describes”, substitutes “sets out”.

 

Omit wherever occurring the examples.

 

Omit the note.

 

Omit the note.

 

Omit the example.

 

Omit the note.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit “describes”, substitute “sets out”.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit “describes”, substitutes “sets out”.

 

Omit the note.

 

Omit wherever occurring the see notes.

 

Omit “describes”, substitute “sets out”.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit the see note.

 

Omit “describes”, substitute “sets out”.

 

Omit the see note.

 

Omit the see note.

 

Omit the subsection, substitute:

1.

A member who has had their posting cancelled is eligible for the reimbursement of some or all of their costs if they were eligible for under any of the following.

 

a.

Disturbance allowance — Part 1 Division 1.

 

b.

Reimbursement for loss on sale of a vehicle — Part 2.

 

c.

Housing assistance — Chapter 7.

 

d.

Reimbursement for loss of a child’s scholarship — Chapter 8 Part 4 Division 3.

 

e.

Reimbursement for equipment costs — Chapter 13 Part 3 Division 2.

 

f.

Transfer allowance — Chapter 14 Part 3 Division 3.

 

Omit the subsection, substitute:

2.

A reimbursement under subsection 1 must not be more than what the member would have been eligible for under the benefit listed in subsection 1.

 

Schedule 6—Miscellaneous amendments – Chapter 7

Defence Determination 2016/19, Conditions of service

 

Omit the section.

 

Omit the section.

 

Omit the section, substitute:

1.

This Chapter provides housing and meal benefits to members who are posted to locations within Australia.

2.

Housing assistance helps members handle the hardships caused by the need to move location regularly or at short notice.

 

Omit the section.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the definition of Posting location, substitute:

 

Posting location

Has the meaning given under section 7.1.15.

 

 

 

 

 

 

 

Omit the definition of Suitable accommodation, substitute:

 

Suitable accommodation

Has the meaning given under section 7.1.17.

 

 

Omit the definition of Utilities, substitute:

 

Utilities

Has the meaning given under section 7.10.2.

 

 

Omit wherever occurring the see notes.

 

Omit “removal”, substitute “removal under Chapter 6 Part 5 Division 1.”.

 

Omit the examples.

 

Omit “described in”, substitute “under”.

 

Omit the paragraph, substitute:

 

b.

They are eligible for a full removal under Chapter 6 Part 5.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the section.

 

Omit the see note.

 

Omit the example.

 

Omit the examples.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the paragraph, substitute:

 

c.

It has the minimum prescribed number of bedrooms.

1A.

For the purpose of paragraph 1.c the minimum number of prescribed bedrooms is the sum of each of the following.

 

a.

For a member and their partner, if they have one — 1 bedroom.

 

b.

For every 2 dependants who are children who are of the same gender and in year 6 or less at school — 1 bedroom.

 

c.

For every dependant not included in paragraphs a or b — 1 bedroom.

 

Omit wherever occurring the see notes.

 

Omit “been approved to live”, substitute “been approved under section 1.3.55 to live”.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit the example.

 

Omit “Overview”, substitute “Purpose”.

 

Omit from the definition of Home the examples.

 

Omit from the definition of Home the see note.

 

Omit the see note.

 

Omit the note.

 

Omit the see note.

 

Omit the examples.

 

Omit “described in this section”, substitute “set out in subsection 1”.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit the note.

 

Omit the see notes wherever occurring.

 

Omit the example.

 

Omit the example.

 

Omit the see note.

 

Omit the example.

 

Omit wherever occurring the examples.

 

Omit the subsection

 

Omit “Overview”, substitute “Purpose”.

 

Omit wherever occurring the see notes.

 

Omit from the definition of Licence the note.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit the section.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit the second occurring note.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the section.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the authority.

 

Omit the example.

 

Omit the see note.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the examples.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the note.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the related information.

 

Omit the see note.

 

Omit the examples.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit the related information.

 

Omit the note.

 

Omit the see note.

 

Omit the example.

 

Omit the example.

 

Omit the examples.

 

Omit the see note.

 

Omit the see note.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the example.

 

Omit the non-example.

 

Omit the notes.

 

Omit the note.

 

Omit the examples.

 

Omit wherever occurring the examples.

 

Omit the example.

 

Omit the see note.

 

Omit the note.

 

Omit wherever occurring the notes.

 

Omit the examples.

 

Omit the related information.

 

Omit the see note.

 

Omit the example.

 

Omit “Overview”, substitute “Purpose”.

 

Omit wherever occurring the see notes.

 

Omit from the definition of Member “described in subsection 7.5.6.3”, substitute “eligible for a benefit under subsection 7.5.6.3”.

 

Omit from the definition of The SAFE scheme the note.

 

Omit from the definition of The SAFE scheme the examples.

 

Omit the see note.

 

Omit the subsection, substitute:

2.

A deceased member’s dependants may be eligible for the allowance under section 7.5.10 if they are granted a removal.

 

Omit the related information.

 

Omit “a person described in”, substitute “eligible for a benefit under”.

 

Omit wherever occurring the examples.

 

Omit the example.

 

Omit the paragraph, substitute:

 

b.

The contribution the dependants must pay is what would have applied to the member under section 7.5.29 immediately before their death.

 

Omit the examples.

 

Omit the see note.

 

Omit the see note.

 

Omit the examples wherever occurring.

 

Omit the related information.

 

Omit wherever occurring the examples.

 

Omit the note.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit from the definition of Contribution the note.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the section, substitute:

 

This Part sets out the following.

 

a.

The different levels of Service residences available.

 

b.

How a member can become eligible to live in a Service residence.

 

c.

The amount the member has to contribute toward the cost of the residence.

 

Omit the title.

 

Omit the see note.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit the section, substitute:

 

A member may be eligible for rent allowance under Part 8 if there is no suitable Service residence available.

 

Omit the section.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit the examples.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit the example.

 

Omit the see note.

 

Omit the see note.

 

Omit from the definition of Rent ceiling the see note.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the examples.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit the section.

 

Omit wherever occurring the see notes.

 

Omit the example.

 

Omit the example.

 

Omit wherever occurring the notes.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the related information.

 

Omit the see note.

 

Omit the see note.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the notes.

 

Omit wherever occurring the examples.

 

Omit the see note.

 

Omit the example.

 

Omit wherever occurring the see notes.

 

Omit the see note.

 

Omit the note.

 

Omit the see note.

 

Omit the related information.

 

Omit the see note.

 

Omit the related information.

 

Omit the see note.

 

Omit the example.

 

Omit the see note.

 

Omit the example.

 

Omit the note.

 

Omit the see note.

 

Omit wherever occurring the see notes.

 

Omit the note.

 

Omit the note.

 

Omit the example.

 

Omit the see note.

 

Omit wherever occurring the examples.

 

Omit wherever occurring the examples.

 

Omit the section.

 

Omit wherever occurring the see notes.

 

Omit wherever occurring the see notes.

 

Omit the exception, substitute:

1A.

Despite subsection 1, a member with dependants (unaccompanied) is not eligible for food allowance when the member is paying the fortnightly meal charge under section 7.9.6.

 

Omit the example.

 

Omit wherever occurring the examples.

 

Omit “described by section 7.10.3 is eligible for the reimbursement of these”, substitute “eligible for assistance under section 7.10.3 is eligible for the reimbursement of the following”.

 

Omit “one of the Service residences described in”, substitute “a Service residence listed in”.

 

Omit the see note.

 

Omit the note.

 

Omit the see note.

 

Omit the see note.

Schedule 7—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

 

Omit the Annex.

 

Omit “A course of study, approved by the CDF,”, substitute “An approved course of study”.

 

Omit the section, substitute:

1.

Before approving purchased recreation leave, the member’s supervisor must consider whether operation requirements are likely to prevent the member being granted the full amount of purchased recreation leave.

2.

In this section, supervisor means a person in the member’s chain of command, at the following rank or APS classification.

 

a.

Major or higher.

 

b.

APS 6 or higher.

 

Omit the subsection.

 

Omit the section, substitute:

1.

A member is eligible for compassionate travel to visit a person in an item in Column A of the following table subject to the conditions in Column B of the same item if the CDF approves the travel.

 

Note: The person in Column A is not required to normally live with the member.

 

Item

Column A

Person

Column B

Condition

1.

A person who is any of the following.

a. The member's partner.

b. The member's child.

The person is seriously ill.

2.

A person who is any of the following.

a. The member's brother or sister.

b. The member's parent or guardian.

c. A dependant of the member recognised under section 1.3.83 or 1.3.85.

Both the following conditions are met.

a. The person is seriously ill.

b. The member has to be there because no-one else in the family is available and able to help.

3.

A person who is any of the following.

a. The member's partner.

b. The member's child.

c. The member's brother or sister.

d. The member's parent or guardian.

e. A dependant of the member recognised under section 1.3.83 or 1.3.85.

One of the following conditions is met.

a. The person is very seriously ill.

b. The person has recently died.

 

2.

A member’s partner is eligible for compassionate travel to visit a person in an item in Column A of the following table subject to the conditions in Column B of the same item if the CDF approves the travel.

 

Note: The person in Column A is not required to normally live with the member.

 

Item

Column A

Person

Column B

Condition

1.

A person who is any of the following.

a. The member.

b. The member's child.

c. The child of the member's partner.

The person is seriously ill.

2.

A person who is any of the following.

a. The parent or guardian of the member's partner.

b. The brother or sister of the member's partner.

c. A dependant of the member's partner.

Both the following conditions are met.

a. The person is seriously ill.

b. The partner has to be there because no-one else in the family is available and able to help.

3.

A person who is any of the following.

a. The member.

b. The child of the member's partner.

c. The parent or guardian of the member's partner.

d. The brother or sister of the member's partner.

e. A dependant of the member's partner.

The person is very seriously ill.

4.

A person who is any of the following.

a. The member.

b. The child of the member's partner.

c. The parent or guardian of the member's partner.

d. A dependant of the member's partner.

e. The brother or sister of the member's partner.

The person has recently died.

 

3.

If the member and their partner both qualify for travel for the same event, both may be granted travel.

4.

There is no travel benefit if the person applying to travel is already at the location of the person to be visited.

 

Omit “spouse or” wherever occurring.

 

Omit “spouse or” wherever occurring.

 

Omit “spouse or”.

 

Omit “spouse or”.

 

Omit “spouse or” wherever occurring.

 

Omit “spouse”, substitute “partner”.

 

Omit “spouse or”.

 

Omit the subsection, substitute:

2.

The travel period for a member in a situation set out in an item in Column A of the following table starts from the day in Column B of the same item and ends on the day in Column C of the same item.

 

Item

Column A

Member situation

Column B

Start day

Column C

End day

1.

The member travels direct to the duty location by the most economical means.

The day the member leaves their normal place of duty or residence

The day the member returns to their normal place of duty or residence.

2.

The member travels by another means that takes longer than the most economical means for a Service reason.

The day the member returns to their normal place of duty or residence.

3.

The member travels by another means that takes longer than the most economical means for a non-Service reason.

The day the member would have left their normal place of duty or residence if they had travelled by the most economical means

The day the member would have returned to their normal place of duty or residence, if they had travelled by the most economical means.

4.

The member takes a break unnecessarily or for private reasons during the period.

The day the member leaves their normal place of duty or residence.

The day the member returns to their normal place of duty or residence.

The day the member resumes the travel for Service reasons.

 

 

Omit the subsection, substitute:

2.

The travel period for a member in a situation set out in an item in Column A of the following table starts from the day in Column B of the same item and ends on the day in Column C of the same item.

 

Item

Column A

Member situation

Column B

Start day

Column C

End day

1.

The member travels direct to the duty location by the most economical means.

The day the member leaves their normal place of duty or residence at the losing location.

 

The day the member arrives at the new posting location.

2.

The member travels by another means that takes longer than the most economical means, for a Service reason.

The day the member arrives at the new posting location.

3.

The member travels by another means that takes longer than the most economical means, for a non-Service reason.

The day the member would have arrived at the new posting location, if they had travelled by the normal means.

4.

The member takes a break unnecessarily or for private reasons during the period.

The day the member leaves their normal place of duty or residence at the losing location.

The day the member returns to their normal place of duty or residence.

The day the member resumes the travel for Service reasons.

The day the member arrives at the new posting location.

5.

The member travels by another means that takes longer than the normal means, because they go on leave between the former posting location (the "losing location") and the gaining location.

The day the member leaves their normal place of duty or residence at the losing location.

The day the member returns to their normal place of duty or residence.

The day the member resumes the travel to the new posting location.

The day the member arrives at the new posting location.

 

 

Omit the subsection, substitute:

3.

The travel period for a member in a situation set out in an item in Column A of the following table starts from the day in Column B of the same item and ends on the day in Column C of the same item.

 

Item

Column A

Member situation

Column B

Start day

Column C

End day

1.

The member travels direct to their final location by the most economical means.

The member leaves one of these places.

a. Their last place of duty.

b. The location where their duty ended.

The day the member arrives at their final location.

2.

The member takes a break unnecessarily or for private reasons during the period.

The member leaves one of these places.

a. Their last place of duty.

b. The location where their duty ended.

The day the member returns to their normal place of duty or residence.

The member resumes the travel for Service reasons

The day the member arrives at the final location.

 

 

Omit the section, substitute:

1.

This section applies if a member, including a member of the Reserves, dies.

2.

A person is eligible for the sum of what would have been payable to the member for the following if they had ceased to be a member on the day they died.

 

a.

Recreation leave.

 

b.

Long service leave.

 

c.

War service leave.

 

d.

Compensation for loss or damage to clothing or personal effects.

3.

In this section, a person means a person who is eligible to receive a payment under section 1.6.4.

 

Omit ‘Military Conditions and Housing Policy’ wherever occurring, substitute ‘Overseas and Housing Policy’.

 

Omit the subsection, substitute:

2.

A member whose deployment period is set out in an item in Column A of the following table is eligible for relief out-of-country travel fare assistance for the number of trips in Column B of the same item.

 

Item

Column A

Deployment time

Column B

Number of trips

1.

One of the following.

a. It is intended that the member be deployed for six months or more, but less than nine months.

b. The member is approved for out-of-country travel fare assistance under paragraph 1.a.

1

2.

It is intended that the member be deployed for nine months or more, but less than 12 months.

2

3.

It is intended that the member be deployed for 12 months or more, but less than 15 months.

3

4.

It is intended that the member be deployed for 15 months or more, but less than 18 months.

4

5.

It is intended that the member be deployed for 18 months or more.

5