Defence Determination, Conditions of service Amendment Determination 2021 (No. 7) (Cth)

Defence Determination, Conditions of service Amendment Determination 2021 (No. 7)

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

Dated 8 June 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 Schedule 1—Miscellaneous amendments Defence Determination 2016/19, Conditions of service Schedule 2—Salary and DFRT Allowance Definitions Amendments Defence Determination 2016/19, Conditions of service Schedule 3— Non-reduction provision amendments Defence Determination 2016/19, Conditions of service Schedule 4—Overseas conditions of service miscellaneous amendments Defence Determination 2016/19, Conditions of service Schedule 5—Transitional provisions Defence Determination 2016/19, Conditions of service

1 Name This instrument is the Defence Determination, Conditions of service Amendment Determination 2021 (No. 7).

2 Commencement This instrument commences on 10 June 2021.

3 Authority This instrument is made under section 58B of the Defence Act 1903.

4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service 1 Subsection 1.2.5A.2 (References to rules in other instruments) Omit "Where" wherever occurring, substitute "If". 2 Section 1.3.84 (Dependants with special needs) Omit twice occurring "Defence Community Organisation", substitute "Defence Member and Family Support". 3 Section 1.3.85.7 (Dependants recognised by CDF) Omit "where", substitute "if". 4 Subsection 1.3.89.6 (Partner – de facto) Omit "where", substitute "if". 5 Section 1.3.91 (Primary emergency contact), see note Omit the see note. 6 Section 1.3.91 (Primary emergency contact), note Omit the note. 7 Subsection 1.5.3.2 (Change in member's circumstances) Omit "entitlement", substitute "benefit". 8 Subsection 1.5.4.2 (Overpayment) Omit "entitlement". 9 Subsection 1.5.4.2 (Overpayment), exception Omit "Where", substitute "If". 10 Subsection 1.6.5.2 (Effect of death on eligibility for salary and allowances) Omit "Director-General Defence Community Organisation", substitute "Director General Defence Member and Family Support". 11 Section 1.7.25 (Funeral costs) Omit "Defence Community Organisation", substitute "Defence Member and Family Support". 12 Section 2.3.16 (Gratuity not payable) Omit "where" wherever occurring, substitute "for which". 13 Subsection 3.2.39.3 (Salary on promotion to rank previously held), exception Omit "Where", substitute "If". 14 Paragraph 3.2.47G.6.b (Salary on promotion to rank previously held), exception Omit "Navy People Career Management Agency", substitute "Navy Career Performance Support". 15 Subsection 3.2.59.1 (Member on salary non-reduction or salary preservation on 13 May 2021) Omit the subsection, substitute: 1. This section applies to a member if all of the following apply on 13 May 2021. a. The member was on one of the following. i. A salary non-reduction provision under this Division. ii. A salary preservation provision under Part C of DFRT Determination No. 2 of 2017, Salaries. b. The member's salary on 13 May 2021 is less than the sum of the following on 12 May 2021. i. The member's salary payable under the non-reduction or salary preservation provision. ii. Service allowance payable under Division B.2 of DFRT Determination No. 11 of 2013, ADF allowances, on 12 May 2021. iii. Uniform allowance payable to the member under Chapter 10 Part 1, on 12 May 2021. 16 Subsection 3.5.66.5 (Member who is eligible for a retention bonus under this Division) Omit the subsection, substitute: 5. After Director General Navy People has made the decisions under subsections 2, 3 and 4, the offer may be made by one of the following. a. Director Navy Career Performance Support. b. Deputy Director Navy Career Performance Support. 17 Chapter 3 Part 5 Division 12 (Army – targeted rank and employment category completion bonus) Omit the Division. 18 Paragraph 4.9.6.1.c (Duties attracting a sessional fee), table item 6 Omit "where", substitute "if". 19 Subsection 5.4.34.2 (Expiration of recreation leave credits ('leave lapsing')) Omit "an additional year", substitute "one additional year at a time". 20 Subsection 5.4.34.3 (Expiration of recreation leave credits ('leave lapsing')) Omit the subsection. 21 Paragraph 5.5.15.2.a (Prior service) Omit the paragraph, substitute: a. If the previous period of service or employment was ceased due to illness and, having considered the member's duties before their illness, the CDF is satisfied that the member has returned to suitable duties in the ADF within 1 year of their recovery. 21A Paragraph 5.7.6.3.b (Additional paid parental leave) After the paragraph, insert: c. The leave must be taken within 14 weeks after one of the following. i. The birth of a child of the member. ii. The adoption of a child by the member. iii. The child being placed in the member's or their partner's care under a permanent care order issued by a court or statutory authority. 22 Section 5.13.3 (Payment for costs), table Omit "where' wherever occurring, substitute "if. 23 Section 5.13.6 (Costs where member is recalled from holiday location), title Omit "where', substitute "if a". 24 Section 5.13.7 (costs where member's leave is cancelled before it starts), title Omit "where', substitute "if a". 25 Subsection 6.5.19.1 (Compassionate removal to a personal location where benefits are provided) Omit the subsection, substitute: 1. A member with dependants or a member with dependants (unaccompanied) is eligible for assistance for a removal to a personal location under Part 5 Division 2 if the CDF is satisfied of all of the following. a. The member has substantial compassionate reasons for the removal. b. That the removal is in the interests of the ADF. 26 Subsection 6.5.22.1 (removal of dependants from personal location to current posting location) Omit "where both", substitute "when all of". 27 Paragraph 6.5.53.2.b (Member with dependants (unaccompanied)), exceptions Omit "Where" wherever occurring, substitute "If". 28 Section 6.5.64 (Discretion in special circumstances) Omit the section, substitute: