Defence Determination, Conditions of service Amendment Determination 2022 (No. 13) I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903. Dated 5 October 2022 Fiona Louise McSpeerin Assistant Secretary People Policy and Employment Conditions Defence People Group Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—Travel card amendments Defence Determination 2016/19, Conditions of service Schedule 2—Savings provision 1 Name This instrument is the Defence Determination, Conditions of service Amendment Determination 2022 (No. 13). 2 Commencement 1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Instrument. 10 October 2022 Note: this table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. 2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under section 58B of the Defence Act 1903. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Travel card amendments Defence Determination 2016/19, Conditions of service 1 Section 9.5.6 Repeal the section. 2 Section 9.5.7 Repeal the section. 3 Division 2 of Part 5 to Chapter 9 (heading) Omit "using the travel card". 4 After subsection 9.5.16.4 Add: 5. This section ceases to apply to a member from midnight on the 21st day of their travel period. Note: Travel costs for travel after the 21st day are provided in section 9.5.22. 5 After subsection 9.5.17.4 Add: 5. This section ceases to apply to a member from midnight on the 21st day of their travel period. Note: Travel costs for travel after the 21st day are provided in section 9.5.22. 6 Subsection 9.5.18.4 Repeal the subsection. 7 Section 9.5.20 (heading) Repeal the heading, substitute: 9.5.20 Member occupying living-in accommodation 8 Subsection 9.5.20.2 Repeal the subsection, substitute: 2. The member is eligible for the following. a. Compulsory mess charges. b. Living-in accommodation charges. c. Meals provided in the living-in accommodation. d. The following for incidentals. i. For each day of the travel period up to the end of the 21st day — the rate specified in Annex 9.5.A Part 4 column E. ii. For each 24 hours of the travel period after the first 21 days and for any part-day at the end of the journey — $10.30 per day. Note: If the last day of the member's journey is for a part day, the the full rate of incidentals applies for that day. 9 Subsection 9.5.22.2 Repeal the subsection, substitute: 2. The member is eligible for the following. a. Accommodation on each night in the travel period at the rate set out in Annex 9.5.B Part 1. b. Meals for each meal period at the rate set out in Annex 9.5.B Part 2. c. Incidentals for the travel period at the rate of $72.10 per week. Note: This item also applies to a member who lives out, if they are required to live in beyond 21 days during a course of training at their posting location. Note: Parts of a week are worked out on a pro rata basis. 10 Section 9.5.24 (table item 3) Omit "to use the Defence travel card to pay for up to the maximum of their meal benefit under section 9.5.17.", substitute "for the sum of rates for each meal period specified for the location in Annex 9.5.A Part 4, columns B, C and D for each day." 11 Section 9.5.25 Omit "to use the travel card for incidentals up to the maximum amount set out in Annex 9.5.A Part 4 column E.", substitute "for incidentals at the rate set out in Annex 9.5.A Part 4 column E." 12 Subsection 9.5.26.1 Repeal the subsection, substitute: 1. Sections 9.5.16 and 9.5.17 or section 9.5.20 apply to a member on Reserve service if they stay overnight after a period of service and all of the following conditions have been met. a. The member lives more than 30 km from their place of duty. b. The CDF considers that occupational health and safety reasons to do with the travel make it necessary for them to stay overnight at their place of duty rather than go home immediately after the period of Reserve service. 13 Subsection 9.5.29.1 Repeal the subsection, substitute: 1. The member is eligible for an additional amount for the following costs if the CDF is satisfied it is reasonable. a. Meal costs. b. Incidental costs. 14 Subsection 9.5.29.2 Repeal the subsection, substitute: 2. In making the decision in subsection 1, the CDF must consider all the following. a. The places the journey is made through or to. b. The availability of suitable meals at those places. 15 Section 9.5.30 Repeal the section, substitute: 9.5.30 End of eligibility A member ceases to be eligible for any unused amount provided for meal and incidentals in connection with travel at the end of their travel period. 16 Section 9.5.31 Repeal the section. 17 Section 9.5.32 Repeal the section, substitute: 9.5.32 Purpose The purpose of this Division is to provide an allowance for accommodation, meals and incidentals for member in certain circumstances when undertaking Defence approved travel within Australia. 18 Section 9.5.33 Repeal the section, substitute: 9.5.33 Member this Division applies to This Division applies to a member, including a member on Reserve service, who meets any of the following. a. They are travelling on Defence business and any of the following apply. i. They have not been issued a Defence Travel Card. ii. They are eligible for part-day travelling allowance under section 9.5.10. b. They are travelling on posting travel. c. They are travelling on leave travel. d. They are travelling on ceasing continuous full-time service. 19 Section 13.3.1 Omit "to pay their reasonable", substitute "for". 20 Section 13.3.4 Omit "to pay the cost of", substitute "for". 21 Subsection 13.3.6.1 Repeal the subsection, substitute: 1. A member holding the rank set out in column A of the following table who lives out while on short-term duty overseas is eligible for the travel cost set out in column B at the rate set out in column C of the same item. Item Column A Column B Column C Rank Travel cost Rate 1. Brigadier or higher Accommodation for each night in the period The cost of accommodation of a reasonable standard for all of the following. 1. The member's rank. 2. The nature of the duties performed by the member. Meals for each day of the period. The rate set out in Part 1 of Annex 13.3.A for the location. Incidentals for each day of the period. The rate set out in Part 1 of Annex 13.3.A for the location. 2. Colonel or lower Accommodation for each night in the period The cost of accommodation of a reasonable standard for all of the following. 1. The member's rank. 2. The nature of the duties performed by the member. Meals for each day of the period. The rate set out in Part 2 of Annex 13.3.A for the location. Incidentals for each day of the period. The rate set out in Part 2 of Annex 13.3.A for the location. 22 Subsection 13.3.6.2 Repeal the subsection. 23 Section 13.3.7 Repeal the section, substitute: 13.3.7 Allowance to pay for travel costs 1. A member is eligible for an allowance to pay for their travel cost if they are on short-term duty overseas. 2. For the purpose of subsection 1, the rate of allowance for accommodation, meals and incidentals is what they would otherwise have been eligible for under this Part. 24 Section 13.3.8 Repeal the section, substitute: 13.3.8 Limits on benefits 1. A member is not eligible for meal costs for a meal period if any of the following conditions are met. a. A meal is provided to the member at no cost. b. A meal is included in a fare paid for travel during the period of duty. 2. A member is not eligible for accommodation costs on a night that any of the following conditions are met. a. The member's travel continues overnight without a break for accommodation. b. The member occupies accommodation provided on a non-commercial basis. 3. A member who travels within Australia as part of their journey to an overseas location for short-term duty is not eligible travel costs under this Part to pay the domestic travel costs. Note: Domestic travel costs are set out in Chapter 9 Part 5. 4. The maximum meal amount for a member who meets all of the following is two-thirds the amount which they would otherwise be eligible for under section 13.3.6. a. They are living out at a location for five days or longer. Note: The member's days of arrival and departure do not count towards the five days. b. Their accommodation provides cooking facilities and utensils that are of a standard that would allow them to prepare their own meals. 25 Subsection 13.3.11.1 Omit "their use of an additional amount on the travel card", substitute "an additional amount". 26 Section 13.3.13 Repeal the section, substitute: 13.3.13 Travel costs when in hospital A member who is in hospital for a period during short-term duty overseas is eligible for the following. a. Incidentals for the location at the rate that applies to a Colonel or lower in Part 1 of Annex 13.3.A. b. The costs for accommodation and other charges that the member continues to be liable for outside hospital that the member cannot avoid up to what they would have been eligible for under this Part if they were not in hospital. 27 Section 13.3.14 Repeal the section. 28 Section 13.3.18 Repeal the section, substitute: 13.3.18 Benefit 1. A member is eligible for the cost of equipment, up to the following limits. a. AUD 115 for travel to New Zealand. b. AUD 225 for any other travel. 2. The limits under paragraph 1 apply in any three year period. 3. This section does not apply to a member purchasing equipment for use in any of the following situations. a. Participating in an approved ADF activity such as overseas adventure training, sports events or work experience. b. Serving in a seagoing ship or submarine and required to live ashore while the vessel is in an overseas port. c. Travelling on short-term duty to Australia from an overseas location where they are on a long-term posting. d. For use at a long-term posting. 4. If a member purchases equipment using a benefit under this section and then does not go overseas, they must repay the total amount of the benefit. 5. Despite subsection 4, a member is not required to repay the amount if the CDF is satisfied that they are unable to recover the cost of any items they bought. 29 Subsection 13.3.19.2 Repeal the subsection, substitute: 2. Subject to subjection 3, a member is eligible for the cost of additional equipment if the CDF is satisfied that the maximum benefit under section 13.3.18 is not enough to meet the member's needs. 30 Subsection 13.3.19.4 Omit "An authorised member may use the travel card to spend up to AUD 205 on", substitute "A member is eligible for AUD 205 to purchase". 31 Subsection 13.3.19.5 Omit "The member may be approved to spend a further", substitute "If subsection 4 applies, a member is eligible for an additional". 32 Section 13.3.20 Repeal the section. 33 Annex 13.3.A Omit "maximum travel costs payable using the travel card", substitute "travel costs limits for a member". Schedule 2—Savings provision 1 Definitions In this Schedule, the following apply. Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time. Travel period has one of the following meanings. a. For travel within Australia — means the same meaning given by Chapter 9 Part 5 of the Defence Determination. b. For travel overseas — means a period of overseas travel during which the member is eligible for a benefit under Chapter 13 of the Defence Determination. 2 Travel periods commencing before 10 October 2022 1. This section applies to a member whose travel period commenced before 10 October 2022. 2. The rules that applied to the member immediately before the commencement of this Determination continue to apply until the end of the member's travel period under subclause 1, as though the changes made by this Determination had not taken effect.