Defence Determination, Conditions of service Amendment Determination 2024 (No. 11)
I, BRIGADIER Kirk Lloyd, Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 3 October 2024
BRIG Kirk Lloyd
Director General
People Policy and Employment Conditions
Defence People Group
Contents
2 Commencement
3 Authority
4 Schedules
Schedule 1—Chapter 1 amendments
Defence Determination 2016/19, Conditions of service
Schedule 2—ADF careers referral scheme amendments
Defence Determination 2016/19, Conditions of service
Schedule 3—Salary non-reduction amendments
Defence Determination 2016/19, Conditions of service
Schedule 4—Normal departmental liability amendments
Defence Determination 2016/19, Conditions of service
Schedule 5—Australians dangerously ill scheme – overseas
Defence Determination 2016/19, Conditions of service
Schedule 6—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
Schedule 7—Transitional provision
Defence Determination 2016/19, Conditions of service
This instrument is the Defence Determination, Conditions of service Amendment Determination 2024 (No. 11).
1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 4. | The day the instrument is registered. |
|
2. Schedule 1 to 7. | 10 October 2024 |
|
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under section 58B of the Defence Act 1903.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 amendments
Defence Determination 2016/19, Conditions of service
1 | Chapter 1 (heading) |
| Omit “(Required reading)”. |
2 | Section 1.1.1 |
| Repeal the section. |
3 | After the heading to Part 1 of Chapter 1 |
| Insert: |
This Determination is the main authority for providing members and their families with benefits as a part of their conditions of service. It provides the legal basis for implementing conditions of service policies that support members and their families. Chapter 2 also provides some benefits to people applying to join the ADF in limited circumstances.
The Determination is broken up into chapters that deal with specific subject matters, as outlined below.
Chapters 1 to 11 provide benefits for members who are in Australia. In addition to specific benefits provided to members, Part 2 of Chapter 3 provides rules for the administration of salaries and salary-related allowances made by the DFRT. Many benefits are provided to members based on the composition of their families.
Chapters 12 to 16 provide benefits for members who are working overseas on short-term duty, as a consequence of a posting overseas, or on a peacetime deployment overseas. Members overseas may still be eligible to receive some benefits under chapters 1 to 11, depending on their individual circumstances.
Chapter 17 is specific to warlike and non-warlike deployments overseas. Members on a deployment overseas may still be eligible to receive some benefits under chapters 1 to 11, or chapters 12 to 16 depending on their individual circumstances.
Unless specified, benefits provided in this Determination only apply to members on continuous full-time service, which includes members in the Permanent Forces and members of the Reserves on service operation (SERVOP) C.
4 | Section 1.1.3 |
| Repeal the section. |
5 | Part 2 of Chapter 1 (heading) |
| Repeal the heading, substitute: |
6 | Section 1.2.1 |
| Repeal the section. |
7 | Section 1.2.2 |
| Repeal the section. |
8 | Section 1.2.3 |
| Repeal the section. |
9 | Section 1.2.4 |
| Repeal the section. |
10 | Section 1.3.1 |
| Insert: |
| ADF means the Australian Defence Force. |
11 | Section 1.3.1 |
| Insert: |
| APS means the Australian Public Service. |
12 | Section 1.3.1 |
| Insert: |
| CDF means the Chief of the Defence Force. |
13 | Section 1.3.1 |
| Insert: |
| DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973. |
| DFRT means the Defence Force Remuneration Tribunal. |
14 | Section 1.3.1 |
| Insert: |
| MSBS means the Military Superannuation and Benefits Scheme. |
15 | Section 1.3.1 |
| Insert: |
| UK means the United Kingdom. |
| USA means the United States of America. |
16 | Section 1.3.1 |
| Insert: |
| VCDF means the Vice Chief of the Defence Force. |
17 | Part 5 of Chapter 1 (heading) |
| Omit “rights and”. |
18 | Section 1.5.1 |
| Repeal the section, substitute: |
Members have obligations when they receive benefits under this Determination.
These obligations are to ensure that members receive the correct benefits throughout their ADF careers.
Providing accurate information (section 1.5.2) and timely advice of changes in circumstances (section 1.5.3) minimise the chance of an overpayment and the subsequent recovery of money from the member (section 1.5.5).
If a benefit is payable by reimbursement, members are required to provide evidence of the expense (section 1.5.7).
19 | Subsection 1.5.2.3 | ||
| After “If a member has claimed” insert “, or otherwise receives,”. | ||
20 | Subsection 1.5.2.3 | ||
| Omit “living arrangements” (first occurring), substitute “living arrangements to do any of the following”. | ||
21 | Paragraph 1.5.2.3.a | ||
| Omit “This information is used to”, substitute “To”. | ||
22 | Paragraph 1.5.2.3.b | ||
| Omit “It may also be used to decide which category a member is in and what”, substitute “To categorise their family members and to provide”. | ||
23 | Paragraph 1.5.3.4 | ||
| Repeal the subsection, substitute: | ||
4. | A member must notify one of the following, in writing, of a change in circumstances that relates to, or may affect, their eligibility for housing assistance under Chapter 7 within 14 days of the change occurring. | ||
| a. | If the member is occupying living-in accommodation — Commanding Officer, Officer Commanding or Executive Officer not below the rank of MAJ at the base where the member is required to occupy living-in accommodation. | |
| b. | If the member is receiving any other type of housing assistance — Defence Housing Australia. | |
24 | Subsection 1.6.1.2 | ||
| Repeal the subsection, substitute: | ||
2. | If subsection 1 applies, benefits are provided to one of the members, as determined by the following. | ||
| a. | If both members jointly nominate one of them to receive the benefit — the nominated member. | |
| b. | If the members do not jointly nominate a member, one of the following applies. | |
|
| i. | If the members hold different ranks — the member who has the higher rank. |
|
| ii. | If the members hold the same rank — the member with greater seniority. |
25 | Subsection 1.6.2.1 | ||
| Omit “A member may seek to have their benefit paid to their partner or another person. These conditions apply”, substitute “If a member requests to have a benefit paid to another person, all of the following apply”. | ||
26 | Subsection 1.6.2.2 | ||
| Repeal the subsection. | ||
27 | Subsection 1.6.3.2 | ||
| Omit “The CDF must consider any instructions the member gave before the legal disability began.”. | ||
28 | After subsection 1.6.3.2 | ||
| Insert: | ||
2A. | When appointing a trustee to act on behalf of the person, the CDF must consider any directions given by the person before they suffered the disability. | ||
29 | Subsection 1.6.4.3 | ||
| Repeal the subsection, substitute: | ||
3. | If a payment under subsection 1 is not made within 12 months of the member’s death, the amount must be paid to the member’s legal personal representative. | ||
Schedule 2—ADF careers referral scheme amendments
Defence Determination 2016/19, Conditions of service
1 | After Chapter 2 Part 3 |
| Insert: |
This Part sets up an incentive scheme to encourage members to refer people to join the ADF. This scheme provides a $1,000 payment to an ADF member who refers a person to join the ADF who then completes 12 months of service as a member of the Permanent Forces.
| In this Part the following apply. | ||
| Referred person means a person to whom all of the following apply. | ||
| a. | They are referred by a member to join the ADF as a member of the Permanent Forces. | |
| b. | They do not meet any of the following. | |
|
| i. | They are a close relative of the referring member. |
|
| ii. | They have previously served in the ADF. |
|
| iii. | They have a current application to join the ADF. |
|
| iv. | They have completed an application to join the ADF in the last 12 months. |
| Referring member has the same meaning as section 2.4.5. | ||
| A valid referral occurs if all of the following are met. | ||
| a. | The referred person is referred to join the ADF through ForceNet. | |
| b. | The referred person submits their contact details using the approved form to ADF Careers. | |
1. | Subject to subsection 2, a referring member means the member who refers the referred person to join the ADF. | |
2. | A member is not a referring member if any of the following apply at the time of referral. | |
| a. | The member is performing duty in a recruitment area. |
| b. | A close relative of the member works in a recruitment area. |
3. | For the purposes of subsection 2, recruitment area means any of the following. | |
| a. | Defence Force Recruiting. |
| b. | Navy Submariner Recruiting. |
| c. | Recruitment and Retention Team. |
| This Part applies to a member, including a member of the Reserves. |
| This Part does not apply to a member who is in service category 2 at the time of the referral. |
| The referring member is eligible to receive a payment of $1,000 if all of the following are met. | |
| a. | The referring member has made a valid referral. |
| b. | The referred person completes 12 months as a member of the Permanent Forces and is not the subject of a flexible service determination. |
1. | A referring member who ceases to be a member of the ADF before referred person completes 12 months as a member of the Permanent Forces is not eligible for the payment. |
2. | If a referred person is referred by more than one member, the first eligible referring member is eligible for the payment. |
Schedule 3—Salary non-reduction amendments
Defence Determination 2016/19, Conditions of service
1 | Annex 3.2.B, Part 1 (table) |
| Repeal the table, substitute: |
Item | Column A Pay Grade | Column B Employment category and conditions (if any) | Column C Start date | Column D End date |
| NAVY | |||
1. | Pay grade 6 | Communications and Information Systems — Communications Grade 5 —Tier A | 1 July 2021 | 1 July 2026 |
2. | Pay grade 6 | Medical Tier A | 16 October 2024 | 15 October 2029 |
3. | Pay grade 7 | Medical Tier B | 16 October 2024 | 15 October 2029 |
4. | Pay grade 8 | Medical Tier C | 16 October 2024 | 15 October 2029 |
5. | Pay grade 8 | Medical – SM Tier A | 16 October 2024 | 15 October 2029 |
6. | Pay grade 8 | Medical – SM Tier B | 16 October 2024 | 15 October 2029 |
7. | Pay grade 8 | Medical – SM Tier C | 16 October 2024 | 15 October 2029 |
| ARMY | |||
8. | Pay grade 4 | Musician Grade 2 | 7 March 2019 | 7 March 2025 |
9. | Pay grade 4 | Combat Medical Attendant Grade 5 Tier A | 16 October 2024 | 15 October 2029 |
10. | Pay grade 5 | Combat Paramedic Manager Tier A | 16 October 2024 | 15 October 2029 |
11. | Pay grade 5 | Examiner Psychological Tier A | 1 July 2021 | 30 June 2026 |
12. | Pay grade 5 | Medical Technician Manager Tier B | 16 October 2024 | 15 October 2029 |
13. | Pay grade 6 | Examiner Psychological Tier B | 1 July 2021 | 30 June 2026 |
14. | Pay grade 6 | Medical Technician Manager Tier B | 16 October 2024 | 15 October 2029 |
15. | Pay grade 8 | Medical Technician Manager Tier C | 16 October 2024 | 15 October 2029 |
| AIR FORCE | |||
16. | Pay Grade 5 | Flight Engineer on pay grade 5 the day prior to remuster to another Airmen Aircrew mustering. | Date of remuster to another Airmen Aircrew mustering. | The day 5 years from the date of remuster to another Airmen Aircrew mustering. |
17. | Pay grade 5 | Network Technician employment category remustered from a Communications and Information Systems Controller employment category on pay grade 5 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster the Network Technician employment category. |
18. | Pay Grade 6 | Flight engineer on pay grade 6 the day prior to remuster to another Airmen Aircrew mustering. | Date of remuster to another Airmen Aircrew mustering. | The day 5 years from the date of remuster to another Airmen Aircrew mustering. |
19. | Pay grade 6 | Network Technician employment category remustered from a Communications and Information Systems Controller employment category on pay grade 6 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category.
|
20. | Pay grade 6 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 6 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category.
|
21. | Pay grade 7 | Airborne Electronics Analyst – Competency Progression Grade 3 – Tier A | 18 January 2024 | 17 January 2029 |
22. | Pay Grade 7 | Airborne Electronics Analyst – Competency Progression Grade 4 – Tier A | 18 January 2024 | 17 January 2029 |
23. | Pay Grade 7 | Flight Engineer on pay grade 7 the day prior to remuster to another Airmen Aircrew mustering. | Date of remuster to another Airmen Aircrew mustering. | The day 5 years from the date of remuster to another Airmen Aircrew mustering. |
24. | Pay grade 7 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 7 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category.
|
25. | Pay Grade 8 | Flight Engineer on pay grade 8 the day prior to remuster to another Airmen Aircrew mustering. | Date of remuster to another Airmen Aircrew mustering. | The day 5 years from the date of remuster to another Airmen Aircrew mustering. |
26. | Pay grade 8 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 8 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category.
|
2 | Annex 3.2.B, Part 2 (table) |
| Repeal the table, substitute: |
Item | Column A Pay grade | Column B Employment category and conditions (if any) | Column C Start date | Column D End date |
| NAVY | |||
1. | Pay grade 3 | Medical Grade 1 | 16 October 2024 | 15 October 2029 |
2. | Pay grade 4 | Medical Grade 2 | 16 October 2024 | 15 October 2029 |
3. | Pay grade 5 | Communications and Information Systems —Communications Grade 4 | 1 July 2021 | 1 July 2026 |
4. | Pay grade 5 | Communications and Information Systems —Information Grade 4 | 1 July 2021 | 1 July 2026 |
5. | Pay grade 5 | Medical — Underwater Medical Clinician | 16 October 2024 | 15 October 2029 |
6. | Pay grade 6 | Communications and Information Systems —Communications Grade 5 | 1 July 2021 | 1 July 2026 |
7. | Pay grade 6 | Communications and Information Systems —Information Grade 5 | 1 July 2021 | 1 July 2026 |
8. | Pay grade 6 | Medical Grade 3 | 16 October 2024 | 15 October 2029 |
9. | Pay grade 7 | Medical – SM Grade 2 | 16 October 2024 | 15 October 2029 |
10. | Pay grade 8 | Medical – SM Grade 3 | 16 October 2024 | 15 October 2029 |
| ARMY | |||
11. | Pay grade 1 | Advanced Combat First Aider | 16 October 2024 | 15 October 2029 |
12. | Pay grade 2 | Combat Medical Attendant Advanced | 16 October 2024 | 15 October 2029 |
13. | Pay grade 2 | Patrol Medic | 16 October 2024 | 15 October 2029 |
14. | Pay grade 3 | Combat Medical Attendant Supervisor | 16 October 2024 | 15 October 2029 |
15. | Pay grade 3 | Combat Paramedic Grade 1 | 16 October 2024 | 15 October 2029 |
16. | Pay grade 3 | Combat Paramedic Grade 2 | 16 October 2024 | 15 October 2029 |
17. | Pay grade 3 | Medical Operator | 16 October 2024 | 15 October 2029 |
18. | Pay grade 3 | Supervisor Section Supply Chain (Corporal) who have not completed the Mounted Leader Course | 7 January 2021 | 20 January 2025 |
19. | Pay grade 3 | Unit Quartermaster Advanced (Corporal) who have not completed the Mounted Leader Course | 7 January 2021 | 20 January 2025 |
20. | Pay grade 4 | Carpenter Grade 2 | 28 November 2019 | 27 November 2024 |
21. | Pay grade 4 | Combat Medical Attendant Manager | 16 October 2024 | 15 October 2029 |
22. | Pay grade 4 | Combat Paramedic Grade 3 | 16 October 2024 | 15 October 2029 |
23. | Pay grade 4 | Combat Paramedic Supervisor | 16 October 2024 | 15 October 2029 |
24. | Pay grade 4 | Electrician Grade 2 | 28 November 2019 | 27 November 2024 |
25. | Pay grade 4 | Medical Technician | 16 October 2024 | 15 October 2029 |
26. | Pay grade 4 | Medical Technician Supervisor | 16 October 2024 | 15 October 2029 |
27. | Pay grade 4 | Operator Plant Grade 2 | 20 January 2022 | 19 January 2026 |
28. | Pay grade 4 | Plumber | 28 November 2019 | 27 November 2024 |
29. | Pay grade 4 | Technician Operating Theatre | 16 October 2024 | 15 October 2029 |
30. | Pay grade 5 | Combat Paramedic Manager | 16 October 2024 | 15 October 2029 |
31. | Pay grade 5 | Examiner Psychological | 1 July 2021 | 30 June 2026 |
32. | Pay grade 5 | Medical Technician Manager | 16 October 2024 | 15 October 2029 |
33. | Pay grade 5 | Underwater Medical Clinician | 16 October 2024 | 15 October 2029 |
| AIR FORCE | |||
34. | Pay grade 2 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 2 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster the Network Technician employment category. |
35. | Pay grade 3 | Network Technician employment category remustered from a Communications and Information Systems Controller employment category on pay grade 3 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster the Network Technician employment category. |
36. | Pay grade 3 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 3 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category. |
37. | Pay grade 4 | Network Technician employment category remustered from a Communications and Information Systems Controller employment category on pay grade 4 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category. |
38. | Pay grade 4 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 4 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category. |
39. | Pay grade 5 | Flight Engineer on pay grade 5 the day prior to remuster to another Airmen Aircrew mustering. | Date of remuster to another Airmen Aircrew mustering. | The day 5 years from the date of remuster to another Airmen Aircrew mustering. |
40. | Pay grade 5 | Network Technician employment category remustered from a Communications and Information Systems Controller employment category on pay grade 5 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category. |
41. | Pay grade 5 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 5 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category. |
42. | Pay grade 6 | Flight Engineer on pay grade 6 the day prior to remuster to another Airmen Aircrew mustering. | Date of remuster to another Airmen Aircrew mustering. | The day 5 years from the date of remuster to another Airmen Aircrew mustering. |
43. | Pay grade 6 | Network Technician employment category remustered from a Communications and Information Systems Controller employment category on pay grade 6 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category. |
44. | Pay grade 6 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 6 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category. |
45. | Pay Grade 7 | Airborne Electronics Analyst – Competency Progression Grade 3 | 18 January 2024 | 17 January 2029 |
46. | Pay Grade 7 | Airborne Electronics Analyst – Competency Progression Grade 4 | 18 January 2024 | 17 January 2029 |
47. | Pay grade 7 | Flight Engineer on pay grade 7 the day prior to remuster to another Airmen Aircrew mustering. | Date of remuster to another Airmen Aircrew mustering. | The day 5 years from the date of remuster to another Airmen Aircrew mustering. |
48. | Pay grade 7 | Network Technician employment category remustered from a Communications Electronic employment category on pay grade 7 between 25 June 2020 to 24 June 2025. | The day of remuster to the Network Technician employment category. | The day 5 years after the day of remuster to the Network Technician employment category. |
49. | Pay grade 8 | Flight Engineer on pay grade 8 the day prior to remuster to another Airmen Aircrew mustering. | Date of remuster to another Airmen Aircrew mustering | The day 5 years from the date of remuster to another Airmen Aircrew mustering. |
Schedule 4—Normal departmental liability amendments
Defence Determination 2016/19, Conditions of service
1 | Section 9.1A.1 (definition of normal departmental liability) |
| Repeal the definition, substitute: |
| Normal departmental liability has the same meaning given by subsection 9.1.7.1. |
2 | Section 9.1.8 |
| Repeal the subsection, substitute: |
1. | The cost of air travel for the purpose of normal departmental liability is the rate in the Whole of Australian Government travel arrangements for the class of travel the persons travelling are eligible to travel, for the journey between the following. | |
| a. | For Scheme A remote location leave travel — the nearest airport and the nearest capital city. |
| b. | For all other types of travel — the nearest airport and the travel destination. |
2. | For the purpose of subsection 1, rate means one of the following. | |
| a. | If the travel is remote location leave travel — the rate that applies on the day the application is received. |
| b. | If the travel is in connection with a posting— the rate that applies on the day the travel starts. |
| c. | If the travel is own means travel by vehicle — the rate that applies on the day the travel starts. |
3. | For a child under 2 years old, normal departmental liability does not apply unless the child is required to occupy an individual airline seat. | |
Schedule 5—Australians dangerously ill scheme – overseas
Defence Determination 2016/19, Conditions of service
1 | Section 1.3.1 | |
| Insert: | |
| Hospital includes any of the following. | |
| a. | Military health care facility. |
| b. | Public or private hospital. |
| c. | Psychiatric facility. |
| Medical authority means the qualified medical practitioner responsible for determining the medical condition of the member. | |
2 | Section 1.3.5 (table item 2) | |
| Omit “Chapter 17 Part 4”, substitute “Chapter 12 Part 8”. | |
3 | Section 9.3.64 (definitions of hospital and medical authority) | |
| Repeal the definitions. | |
4 | After Part 7 of Chapter 12 | |
| Add: | |
This Part provides support to a member who is in hospital with a very serious or serious illness by enabling family to visit the member to assist with their recovery and rehabilitation.
Assistance under this Part includes return travel, accommodation, meals and other costs associated with travelling to the location where the member is in hospital.
| In this Part the following apply. | |
| Additional approved visitor has the meaning given in section 12.8.4. | |
| Approved period means any of the following. | |
| a. | A period of up to 7 consecutive days. |
| b. | An extended period under section 12.8.6. |
| Approved visitor has the meaning given in section 12.8.3. | |
| Decision maker means any of the following. | |
| a. | Director General Defence Member and Family Support. |
| b. | Director Helpline, Incidents and Welfare Policy, Defence Member and Family Support. |
1. | Subject to subsection 2, an approved visitor means one of the following people. | |||
| a. | A person identified by the member and recorded on PMKeyS as the primary emergency contact in the event of a casualty. | ||
| b. | The member’s partner. | ||
| c. | The member’s dependant. | ||
| d. | If the member has no dependants, one of the following. | ||
|
| i. | A biological parent. | |
|
| ii. | An adoptive parent. | |
|
| iii. | A former or current foster parent. | |
|
| iv. | A step-parent. | |
| e. | The member’s child. Note: The child is not required to be a 'dependent' of the member. | ||
| f. | If the all of following apply, any other person the decision maker identifies who is able to meet the needs of the member for an approved visitor. | ||
|
| i. | A person listed in paragraphs a. to e. is incapable or unable to travel and provide support to the member. | |
|
| ii. | The person is nominated by a person who would have been the approved visitor under this section. | |
|
| iii. | The person is suitable to provide support to the member as an approved visitor. | |
2. | The approved visitor must meet all of the following. | |||
| a. | They meet one of the following. | ||
|
| i. | They normally live in Australia. | |
|
| ii. | They live with the member in the overseas posting location which is not the location where the member is in hospital. | |
| b. | They are fit to travel to the member’s location. Note: An approved visitor who has a medical condition that may affect their ability to travel must obtain written certification from a qualified medical practitioner that they are fit to travel. | ||
1. | Subject to subsection 2, an additional approved visitor means one of the following people. | |
| a. | A second parent of the member. |
| b. | One or more children of the member. |
| c. | An escort for the member's child. |
| d. | A carer of the approved visitor. |
2. | All of the following apply to an additional approved visitor. | |
| a. | The decision maker must be satisfied that exceptional circumstances apply which require the additional approved visitor to travel with the approved visitor. |
| b. | The additional approved visitor must be fit to travel. Note: An additional approved visitor who has a medical condition that may affect their ability to travel must obtain written certification from a qualified medical practitioner that they are fit to travel. |
1. | This Part applies to a member who meets all of the following. | |||
| a. | They are overseas for Defence purposes. Note: A member who is overseas for personal reasons is not eligible for benefits under this Part. | ||
| b. | One of the following applies. | ||
|
| i. | They are on continuous full-time service. | |
|
| ii. | They are a member of the Reserves on Reserve service. | |
| c. | They are classified as any of the following. | ||
|
| i. | Very seriously ill. | |
|
| ii. | Seriously ill. | |
| d. | The medical authority has recommended that a visit will benefit the member. | ||
2. | This Part continues to apply to a member on leave overseas if all of the following apply to the member. | |||
| a. | One of the following applies to the member. | ||
|
| i. | They are on leave during a long-term posting overseas. | |
|
| ii. | They are on relief-out-of-country travel fare assistance. | |
| b. | Paragraphs 1.c and 1.d apply to the member. | ||
| c. | The decision maker is satisfied that providing benefits under this Part is reasonable. | ||
1. | The approved period may be extended by a period under subsection 2 if the decision maker is satisfied that all of the following apply. | ||
| a. | The medical authority has recommended that a longer period will significantly benefit the member. | |
| b. | One of the following applies. | |
|
| i. | The member has had major surgery and the post-operative recovery is expected to last longer than 7 consecutive days. |
|
| ii. | The member is undergoing specialist treatment in hospital that is expected to last longer than 7 consecutive days. |
|
| iii. | The medical authority has assessed the member as likely to remain very seriously ill or seriously ill for longer than 21 consecutive days. |
The extension under subsection 1 may be for one of the following. | |||
| a. | If subparagraph 2.b.i or 2.b.ii applies — up to 21 consecutive days. | |
| b. | If subparagraph 2.b.iii applies — a period that the decision maker considers reasonable in the circumstances. | |
1. | The approved period ceases 24 hours after the approved person is informed of the any of the following. | |
| a. | The member’s condition has improved and their condition is no longer classified by a medical authority as very seriously ill or seriously ill. |
| b. | The member has a long-term condition and they have been are provided a sustainable welfare management plan. |
2. | The period under subsection 1 may be extended if the decision maker is satisfied all of the following apply. | |
| a. | The approved visitor has made reasonable efforts to arrange return travel within the 24 hours. |
| b. | Return travel is unavailable. |
1. | This section applies if all of the following are met. | ||
| a. | The member who was very seriously ill or seriously ill dies. | |
| b. | The approved visitor and any additional approved visitor is overseas under this Part at the time the member dies. | |
2. | The approved period ceases on the earlier of the following. | ||
| a. | The day the approved visitor and an additional approved visitor returns to one of the following locations. | |
|
| i. | Australia. |
|
| ii. | The member’s long-term posting location overseas if the approved visitor accompanied the member. |
| b. | The day the member’s remains are returned to Australia under section 12.7.4. | |
| c. | A day the decision maker is satisfied is reasonable. | |
| A member is eligible for the benefits set out in Subdivision 2 for one approved visitor and one additional approved visitor for the approved period. |
| Unless otherwise specified, the reimbursement of costs under Subdivision 2 may be paid to any of the following people. | |
| a. | The member. |
| b. | The approved visitor. |
| Official overseas travel insurance, including medical insurance, is provided by Defence. |
| The reimbursement of any of the following costs associated with, and necessary for, travel to the member’s location. | |
a. | Application costs for a passport, including passport photos. | |
| b. | Application costs for any visas. |
| c. | Vaccination costs which are not covered by Medicare or private health insurance. |
1. | Return travel costs to the location where the member is in hospital if all of the following are met. | ||
| a. | The location is not a restricted destination. | |
| b. | The location is accessible by commercial transport. | |
2. | The return travel benefit includes any of the following. | ||
| a. | Air travel at one of the following classes. | |
| i. | Business class. | |
| ii. | If business class is not available, economy class. | |
| b. | Rail travel. | |
| c. | Coach travel. | |
3. | If the approved visitor arranges their own travel prior to the visit being approved, the reimbursement of the lesser of the following travel costs if the decision maker is satisfied it is reasonable. | ||
| a. | The cost of the return travel incurred by the approved visitor and an additional approved visitor. | |
| b. | The amount that would have been incurred if the visit had been arranged by Defence. | |
| The reimbursement of public transport costs between the following locations. | |
| a. | The member's hospital. |
| b. | The approved visitor's accommodation. |
| c. | The airport, bus or train terminal. |
| d. | The approved visitor's home. |
| Accommodation within a reasonable distance from the hospital where the member is located arranged by Defence for the approved period. Note: Accommodation costs are not reimbursable if the accommodation was arranged by the approved visitor or additional approved visitor. |
| The reimbursement of the cost for meals up to the daily limit for meals provided under Annex 13.3.A. Note: The cost of alcoholic beverages are not reimbursable. |
5 | Section 13.1.4 |
| Repeal the section. |
6 | Section 17.1.2 |
| Repeal the section. |
7 | Subsection 17.1.4.1 |
| Repeal the subsection, substitute: |
1. | A member on a peacetime deployment is eligible for relief out-of-country travel fare assistance under Division 4 of Part 7. |
8 | Part 4 of Chapter 17 |
| Repeal the Part. |
Schedule 6—Miscellaneous amendments
Defence Determination 2016/19, Conditions of service
1 | Section 1.3.1 (definition of approved form) | ||
| Omit “Assistant Secretary”, substitute “Director General”. | ||
2 | Section 1.3.1 (definition of long-term posting) | ||
| Omit “12.3.10”, substitute “12.3.1”. | ||
3 | Subsection 3.2.14.2 | ||
| Omit “dutyduty”, substitute “duty”. | ||
4 | Subsection 3.4.12.4 | ||
| Omit “are subject to involuntary separation under one of the following”, substitute “have received a notice under subsection 24(2) of the Defence Regulation for one of the following reasons”. | ||
5 | Section 5.6.16 | ||
| Repeal the section. | ||
6 | Section 5.9.12A | ||
| Omit “for” (second occurring), substitute “of”. | ||
7 | Paragraph 6.1.17.3.c | ||
| Omit “a close family member”, substitute “their close family member”. | ||
8 | Subsection 7.6.48.6 | ||
| Repeal the subsection, substitute: | ||
6. | If a member is appointed as an officer and their rank group is lowered, they remain eligible for the rank group they held before they were appointed as an officer until they are eligible for a higher rank group. Note: Rank groups are provided in subsection 7.6.13.1. | ||
9 | Subsection 7.6.54.4 | ||
| Repeal the subsection, substitute: | ||
4. | If the senior member is on leave without pay, the member's contribution is the same rate the member was paying before started the leave without pay. | ||
10 | Subsection 7.10.9.3 | ||
| Repeal the subsection, substitute: | ||
3. | A member who occupies living-in accommodation and does not pay a contribution for the living-in accommodation is not required to pay any contribution for utilities, unless they meet any of the following. | ||
| a. | They are a normal entry recruit during basic recruit training. | |
| b. | They have no resident family or recognised other persons and live in a room with 4 or more beds. | |
| c. | They are temporarily living in accommodation below the standard that would be classified as level 1 accommodation. | |
11 | Paragraph 9.3.54.b | ||
| Omit “will be approved in the same way it would otherwise be approved if a member was”, substitute “would be approved if the member were”. | ||
12 | Paragraph 9.5.4.1.a | ||
| Repeal the paragraph, substitute: | ||
| a. | On Defence business and one of the following applies. | |
|
| i. | They are away overnight. |
|
| ii. | They are away from their housing benefit location for more than 10 hours on a day. |
13 | Paragraph 9.5.9.1.c (exception) | ||
| Repeal the exception. | ||
14 | Subsection 14.2.13.b | ||
| Omit “same time of the”, substitute “same time as the”. | ||
15 | Subsection 14.2.14.3 | ||
| Omit “satisfied that is it”, substitute “satisfied that it is”. | ||
16 | Subsection 15.3.17.3 | ||
| Repeal the subsection, substitute: | ||
3. | For the purpose of subsection 1, travel costs are the reunion travel costs that would be incurred under this Division if the travel were between the following locations. | ||
| a. | The member’s posting location. | |
| b. | The location where the member lived in Australia before their long-term posting overseas. | |
17 | Subsection 15.3.38.5 | ||
| Omit “section 16.4.16”, substitute “section 16.4.7”. | ||
18 | Annex 15.6.A (before table item 1) | ||
| Insert: | ||
1A. | Bangladesh | American International School Dhaka | American International School Dhaka | American International School Dhaka |
19 | Annex 15.6.A (table item 2) |
| Repeal the item, substitute: |
2. | Brunei | Jerudong International School | Jerudong International School | Jerudong International School |
20 | Subsection 17.7.24.6 |
| Omit “, as if the relief travel were assisted leave travel under Chapter 16 Part 4”. |
Schedule 7—Transitional provision
Defence Determination 2016/19, Conditions of service
| In this Schedule, the following applies. |
| Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time. |
1. | This clause applies to a member who meets all of the following between 14 June 2024 and the commencement of Schedule 6 of this Determination. | |
| a. | They were posted to Brunei. |
| b. | They have a child who is attending a school in Brunei. |
| c. | They were eligible for reimbursement of their child’s compulsory tuition fees under paragraph 15.6.10.1.a of the Defence Determination. |
2. | The member is eligible to be reimbursed the compulsory tuition fees payable for their child that they would have been eligible for under paragraph 15.6.10.1.a of the Defence Determination as though the changes made by Schedule 6 item 19 of this Determination had been in force at the time. | |