Defence Determination, Conditions of service Amendment Determination 2023 (No. 9) I, COL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903. Dated 8 September 2023 COL Kirk Lloyd Acting Assistant Secretary People Policy and Employment Conditions Defence People Group Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—Domestic amendments Defence Determination 2016/19, Conditions of service Schedule 2—Overseas amendments Defence Determination 2016/19, Conditions of service Schedule 3—Transitional provisions Defence Determination 2016/19, Conditions of service 1 Name This instrument is the Defence Determination, Conditions of service Amendment Determination 2023 (No. 9). 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 The whole of this Instrument. 14 September 2023 Note: This table relates only to the provisions of this instrument as originally made.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of the Defence Act 1903. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Domestic amendments Defence Determination 2016/19, Conditions of service 1 Section 1.3.1 (definition of continuous full-time service) Omit "period of by", substitute "period of service by". 2 Section 1.3.1 (definition of serious illness) Omit "1.3.4", substitute "1.3.5". 3 Paragraph 1.3.7.a Omit "service location", substitute "housing benefit location". 4 Paragraph 1.3.8.c After "expected", insert "to". 5 Subparagraph 1.3.9.c.ii Omit "provide capability", substitute "to provide". 6 Subsection 1.3.20.2 (note) Omit "1.3.32", substitute "1.3.35". 7 Paragraph 1.3.27.b Omit "that". 8 Paragraphs 3.3.6.2.b and 3.3.7.2.b Omit "21st", substitute "22nd". 9 Paragraph 3.3.15.2.b Repeal the paragraph, substitute: b. The member is the most qualified available person to fulfil the required capability need. 10 Subparagraphs 3.3.21.1.e.ii and 3.3.22.1.e.ii After "performance", insert "or behaviour". 11 Subsection 4.4.9.1 Repeal the table, substitute: Item Column A Column B Column C Condition Location grade Rate ($) 1. A member who lives in. A 1,130 B 3,220 C 4,030 D 5,645 E 6,450 2. A member who meets all of the following. A 3,225 a. They have accompanied resident family. b. They live out. c. Item 3 paragraph a of this table does not apply. B 9,205 C 11,515 D 16,125 E 18,430 3. Any of the following. A 1,615 a. A member who has accompanied resident family who lives out and at least one of their accompanied resident family meet all of these conditions. i. They are an ADF member or an APS employee in Defence. ii. They are paid ADF district allowance or district allowance under the Defence Enterprise Agreement 2017‑2020 as in force on 16 August 2017. b. A member who meets all of the following. i. They have unaccompanied resident family. ii. They have no accompanied resident family. iii. They live out. c. A member with no resident family who lives out. d. A member of the Reserves who is undertaking Reserve Service and who is required to live out. B 4,605 C 5,760 D 8,065 E 9,215 12 Subsection 4.4.19.2 Repeal the table, substitute: Item Column A Column B Condition Annual rate ($) 1. The member has at least one of their resident family living at the establishment. 3,225 2. Any other member. 1,615 13 Section 4.4.24 Omit "$6,870", substitute "$7,165". 14 Section 4.4.31 Repeal the table, substitute: Item Column A Column B Paragraph Annual rate ($) 1. Paragraph 4.4.30.a 15,844 2. Paragraph 4.4.30.b 8,729 15 Subsection 4.4.36.2 Omit "$8,305", substitute "$8,729". 16 Subparagraph 4.11.2.1.a.i Omit "posting location", substitute "primary service location". 17 After section 5.3.2 Insert: 5.3.2A Member this Part does not apply to This Part does not apply to a member who is on a form of unpaid leave. 18 Subsection 5.3.10.3 Repeal the subsection, substitute: 3. A member may apply for a medical absence if they become unfit for duty while on a period of recreation leave or long service leave. Note: Sections 5.4.35 and 5.5.12 provide that a member who has been approved a medical absence while on recreation leave or long service leave will be re-credited their leave if specific criteria are met. 19 Subsection 5.4.35.1 Repeal the subsection, substitute: 1. A member is to be re-credited recreation leave for any day all of the following are met. a. The member was on a period of recreation leave. b. One of the following applies. i. They were unfit for duty due to illness or injury. ii. They were admitted to hospital. c. The member is approved a medical absence. d. A medical certificate has been provided. 20 Subsection 5.5.12.1 Repeal the subsection, substitute: 1. A member is to be re-credited long service leave for any day all of the following are met. a. The member was on a period of long service leave. b. One of the following applies. i. Illness or injury made the member unfit for duty. ii. The member was admitted to hospital. c. The member has been approved a medical absence. d. A medical certificate has been provided. 21 Section 5.11.7 Repeal the section, substitute: 5.11.7 Short absence relating to Service event or activity 1. A short absence under this Division granted in relation to a Service event or activity must be taken as soon as Service requirements allow after the event or activity has ended. 2. Only one period of short absence can be granted for an activity or event. 22 Paragraph 6.1.25.b Repeal the paragraph, substitute: b. They, their resident family or other recognised persons are required to fly to their next housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law. 23 Section 6.2.1 Repeal the section, substitute: 6.2.1 Purpose This Part provides members with a reimbursement when they experience a financial loss associated with the sale of furniture, private vehicles, or other effects when they are relocated. Note: Furniture and effects is defined in section 6.1A.2. 6.2.1A Loss on items obtained through a grant A member is not eligible for reimbursement under this Part for a financial loss associated with the sale of an item obtained through a grant. 24 Paragraph 6.2.4.1.b Repeal the paragraph, substitute: b. One private vehicle and one towable item owned by a member who meets all of the following conditions. i. They are a member who has unaccompanied resident family and no accompanied resident family, or a member with no resident family or recognised other persons. ii. They are deployed for 6 months or longer. iii. They have made a choice to vacate their accommodation under subsections 7.4.23.2, 7.6.38.2, 7.8.31.2, section 7.7.11, or the CDF has decided that the member must leave the living-in accommodation under subsection 7.4.23.5. iv. They have not put the vehicle or towable item in storage. Note: Storage includes on a Defence base or in non-commercial storage. 25 Paragraph 6.2.4.1.c Repeal the paragraph. 26 Paragraph 6.5.8A.1.c Repeal the paragraph, substitute: c. Any of the following people are required to fly to the new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law. i. The member. ii. The member's resident family or recognised other persons moving to the new housing benefit location. 27 Subsection 6.5.10A.1 Omit "meets the", substitute "meets all of the". 28 Paragraph 6.5.10A.1.c Repeal the paragraph, substitute: c. Any of the following people are required to fly to the new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law. i. The member. ii. The member's resident family or recognised other persons moving to the new housing benefit location. 29 Paragraph 6.5.48.1.e Repeal the paragraph, substitute: e. They are a trainee and cease continuous full-time service at their own request and all of the following apply. i. They are required to fly to the location they have chosen to be removed to as a result of COVID-19 based restrictions imposed by or under state or territory law. ii. The travel occurs during the COVID-19 pandemic. 30 Paragraph 6.5A.8.2.b Repeal the paragraph, substitute: b. The member, their resident family or other recognised persons are required to fly to the new housing benefit location or family benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law. 31 Paragraph 6.5A.10.f Repeal the paragraph, substitute: f. The member, their resident family or recognised other persons are required to fly to the new housing benefit location or family benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law. 32 Paragraph 6.5A.17.1.b Repeal the paragraph, substitute: b. They are required to fly to their new housing benefit location as a result of COVID-19 based restrictions imposed by or under state or territory law. 33 Section 7.1.14 (definition of resident child carer) Repeal the definition, substitute: Resident child carer means a person who meets all of the following. a. They are not resident family or a recognised other person of a member under this Determination. b. They are living with a member's resident family for the purpose of providing child care for the member's children who are recognised as resident family. 34 After paragraph 7.2.12.1.f Insert: g. The member has unaccompanied resident family and the home is in their housing benefit location. 35 Subsection 7.3.23.2 Repeal the subsection, substitute: 2. If a member who is posted to any of the following, the 2‑year period specified in subsection 1 begins on the day the official notice of their next posting is issued. a. An overseas posting location, whether accompanied or not. Note: An overseas deployment is not a posting for the purpose of this paragraph. b. A location where the member is required to occupy a Service residence or occupy living-in accommodation. c. An adjacent housing benefit location that includes the member's home. d. A specified location under section 7.3.28 where an eligible person could not reasonably be expected to purchase a home. Note: A member may still purchase a home at a specified location if they wish, however the following should be noted. a. The purchase will not qualify for HPSEA. b. The continuity of the sale-purchase cycle will not be affected. 36 Before subsection 7.5.27.1 Insert: 1A. This section does not apply to a person who is granted accommodation under section 7.5.7. 37 Paragraph 7.6.1.c Omit "residence", substitute "Service residence". 38 Section 7.6.12 Repeal the section, substitute: 7.6.12 Standard of service residence 1. The minimum standard for a Service residence includes all of the following amenities. a. 3 bedrooms. b. Lounge. c. Dining area. d. Kitchen. e. Laundry. f. Bathroom. g. Toilet. h. Ensuite bathroom. i. One of the following. i. If the Service residences is in Darwin — a carport. ii. In all other places — a single lock-up garage. j. Storage. k. Security features, other than back-to-base security systems. l. Covered outdoor entertaining area. m. A yard that has a minimum size that meets one of the following. i. In the Greater Sydney area — 25 square metres. ii. All other locations — 35 square metres. 2. The following paragraphs do not apply to residences acquired by Defence Housing Australia before 1 July 2007. a. Paragraph 1.l. b. Paragraph 1.m. 39 Subsection 7.6.20.2 Repeal the subsection, substitute: 2. If the member accepts the offer of a home under this section, they must pay the following contribution. a. If any of the following apply — the rate that applies to them under Part 2 of Annex 7.A. i. If the member is not on a flexible service determination. ii. The member's pattern of service over each 4‑week period is 2 weeks working and 2 weeks not working. iii. The member's pattern of service over each 4‑week period is 3 weeks working and 1 week not working. b. If the member is on a flexible service determination and their pattern of service over each 4‑week period is 1 week working, 3 weeks not working — 150% of the rate that applies to them under Part 2 of Annex 7.A. 40 Paragraph 7.6.38.1.c Repeal the paragraph, substitute: c. The member is deployed for 6 months or longer or meets all of the following. i. They are deployed for a period of less than 6 months. ii. While on deployment, their deployment is extended. iii. The combined total period of deployment is 6 months or longer. 41 Subsection 7.9.6.4 (note) Omit "or pay", substitute "to pay". 42 Paragraph 7.9.7.2.b Repeal the paragraph, substitute: b. A period the member is eligible for travelling allowance other than part-day travel allowance. 43 Subparagraph 7.10.4.1.b.ii Omit "paragraph 7.10.4.1.b.", substitute "subparagraph 7.10.4.1.b.i". 44 Chapter 8 (heading) Omit "Members and their resident families", substitute "Assistance for recognised family". 45 After section 8.4.4 Insert: 8.4.5 Definitions In this Part, the following apply. Compulsory tuition fees means compulsory amounts levied by a child's school for educating the child, including compulsory sports levies. Note: Boarding fees are not included. 46 Section 8.4.21 (heading) Omit "Rates of reimbursement", substitute "Reimbursement of tuition and accommodation". 47 Subsection 8.4.22.7 Repeal the subsection, substitute: 7. For the purpose of deciding whether there are special circumstances in subsection 6, the CDF must consider all of the following. a. If there is any family support available to the child in the location where the child will attend school. b. The child's age, school history, educational needs, family circumstances and general welfare. c. Staff advice from schools and educational institutions in the former and gaining locations. d. The circumstances of the member's posting and the likely location of future postings. e. Any other assistance available from Defence Member and Family Support to support resident family who has special needs. f. Any other disabilities of the child. g. Where it is in the interest of Defence. h. Any other factor relevant to the child's educational progress. 48 After section 8.5.1 Insert: 8.5.2 Definitions 1. Emergency situation means an event meets any of the following. a. It is unforeseen. b. It is sudden. c. It exceeds the coping mechanisms of the member's resident family. 2. An emergency situation is not an event that occurs due to a member's ordinary work situation. 49 Subsection 8.6.6.3 Repeal the subsection, substitute: 3. In this section the following apply. a. Care or therapy services means any of the following. i. Respite care. ii. Personal care. iii. Therapy services. iv. An Early Intervention Program. b. Early Intervention Program means a program run by a government organisation, accredited non-government organisation or accredited private provider that provides assistance to promote the development of preschool aged children with special needs. 50 Subsection 8.7.6.3 Repeal the subsection, substitute: 3. If a person is eligible for vehicle allowance, they are eligible to be reimbursed any of the following which are incurred for the purpose of attending a Court of Inquiry if an official receipt for the expense is provided. a. Parking fees. Note: To avoid doubt, parking fees does not include parking or traffic fines. b. Road tolls. 51 Paragraph 8.10.2.a Omit "Either of the following categories of member.", substitute "A member who is not on continuous full-time service and meets one of the following.". 52 Section 9.4.4A Omit "travel must not exceed 7 in the same 12-month period under subsection 9.3.30.1", substitute "types of travel must not exceed 7 in the same 12-month period". 53 After subparagraph 10.3.2.1.a.iii Insert: iv. A media content officer at Government House. 54 Paragraph 10.3.3.2.a Repeal the paragraph, substitute: a. If the member meets any of the following — $3,514. i. They are an aide-de-camp to the Governor-General or an overseas visiting dignitary. ii. They are a media content officer at Government House. 55 Paragraph 11.3.4.4.b Repeal the paragraph, substitute: b. Legal advice obtained from a legal practitioner, not including costs for obtaining legal advice relating to a dispute. Note: Legal advice does not include legal or court costs. 56 Paragraph 11.4.7.b After "overseas funeral", insert "under Chapter 12 Part 7". 57 Amendments of listed provisions—repeals Repeal the following provisions. a. Section 5.11.6. b. Chapter 8 Part 1. c. Section 9.3.30. 58 Amendments of listed provisions—exceptions Repeal the exceptions in the following provisions. a. Subsection 6.2.4.1. b. Subsection 7.5.27.1. c. Paragraph 8.10.2.a. Schedule 2—Overseas amendments Defence Determination 2016/19, Conditions of service 1 Paragraph 14.6.21.4.b Omit "An amount", substitute "The amount". 2 Section 15.5.15 a. Omit "help", substitute "assist". b. After "travel", insert "to another location". 3 Subsection 15.5.16.1 Repeal the subsection, substitute: 1. Subject to subsection 2, an eligible person is eligible for travel costs to obtain health care at a location other than the posting location if the CDF is satisfied of any of the following. a. The health care required cannot be provided at the posting location. b. The health care required cannot be delayed until the eligible person is away from the posting location for recreation or other purposes. 4 Subsection 15.5.16.2 Omit "The CDF must consider all these criteria", substitute "In deciding whether to approve the travel under subsection 1, the CDF must consider all of the following". 5 Subsection 15.5.16.3 a. Omit "Travel expenses will not be approved for", substitute "For the purpose of subsection 1, health care does not include". b. Omit "(ARS)". 6 Section 15.5.17 Repeal the section, substitute: 15.5.17 Escort to accompany eligible person 1. If section 15.5.16 applies, an eligible person is eligible for travel costs for an escort to accompany them if the CDF approves after considering all of the following. a. The eligible person's medical requirements. b. The degree to which the eligible person could travel independently. c. Any other factor relevant to the eligible person's welfare during the travel. 2. In this section, escort means one of the following persons who is over 18 years old. a. The member. b. Family of the member or the eligible person. c. An adult at the posting location chosen by the eligible person. 7 Section 15.5.18 Repeal the section, substitute: 15.5.18 Child to accompany eligible person If section 15.5.16 applies, an eligible person is eligible for travel costs for their child to accompany them if the CDF approves after considering all of the following. a. The child's age. b. The availability of alternative child care arrangements practical in the circumstances. c. The circumstances in which the person is to travel. 8 Section 15.5.19 Repeal the section, substitute: 15.5.19 Commercial air travel for health care 1. Air travel under this Division is by one of the following classes. a. Economy class. b. If one of the following applies – business class (if not available, then first class). i. A doctor certifies that the eligible person is pregnant at the time of travel. ii. For any other eligible person — the CDF is satisfied that the higher class is reasonable in the circumstances subject to subsection 2. Note: Travel for a person under section 15.5.17 or 15.5.18 who accompanies the eligible person will be of the same class. 2. For the purpose of subparagraph 1.b.ii, the CDF must consider all of the following. a. The eligible person's medical requirements. b. The nature of the aircraft seating required during the travel. c. Any other factor relevant to the travel. 3. A person who travels by air is not eligible for any of the following. a. Excess baggage – unless subparagraph 1.b.i applies, then the eligible person is eligible for up to 15 kilograms of excess baggage on their return to the posting location following childbirth. b. Any of the following costs incurred at the posting location or at the location the health care is obtained. i. Transportation fares. ii. Car hire fees. iii. Parking charges. 15.5.19A Private vehicle use for health care 1. An eligible person who has been approved travel costs under section 15.5.16 is eligible for reimbursement of an amount for each kilometre of a journey travelled using private vehicle if all of the following apply. a. Private vehicle is the most efficient and economical means of travel for the journey. b. Travelling by private vehicle is appropriate having regard to the eligible person's medical requirements. 2. For the purpose of subsection 1, the amount is calculated using the following formula: Where: A is the rate of vehicle allowance under section 9.6.25 that applies to the posting location at the time of the approved travel. B is the exchange rate used to pay members' salary for the pay period. C is the post index under section 12.3.14A used to calculate overseas allowances for the pay period. 3. If subsection 1 applies, the eligible person is eligible for reimbursement of the actual costs of any of the following. a. Vehicle ferry fares. b. Toll fees. c. Parking or vehicle storage charges. 9 Section 15.6.14 Repeal the section, substitute: 15.6.14 Remedial tuition 1. A member is eligible to be reimbursed the cost of up to 50 hours of remedial tuition if the CDF is satisfied of all of the following. a. There has been a decline in the child's academic performance as result of the member's overseas posting. b. A written evaluation has been provided by the child's school which includes all of the following. i. The child's rate of academic progress at the school. ii. The reason remedial tuition is recommended. iii. The recommended number of remedial tuition hours. c. Whether the child's academic performance will reasonably improve if remedial tuition is provided. d. Any other factors relevant to the child's academic performance. e. Whether the cost is reasonable having regard to the cost of similar tuition in Australia. 2. The member is eligible to be reimbursed the cost of up to a further 150 hours of remedial tuition for the same child in addition to the initial remedial tuition hours provided under subsection 1 if the CDF is satisfied it is reasonable. 3. Remedial tuition approved by the CDF under this section must be taken within 12 months from the date of the child's commencement at an overseas school. Note: Language and communication tuition are not reimbursable under this section. A member may be eligible for language and communication tuition under section 15.6.13. 10 Section 15.6.28 Repeal the section, substitute: 15.6.28 Remedial tuition 1. A member is eligible to be reimbursed the cost of up to 50 hours of remedial tuition if the CDF is satisfied of all of the following. a. There has been a decline in the child's academic performance as a result of the member's overseas posting. b. A written evaluation has been provided by the child's school which includes all of the following. i. The child's rate of academic progress at the school. ii. The reason remedial tuition is recommended. iii. The recommended number of remedial tuition hours. c. Whether the child's academic performance will reasonably improve if remedial tuition is provided. d. Any other factors relevant to the child's academic performance. 2. The member is eligible to be reimbursed the cost of up to a further 150 hours of remedial tuition for the same child in addition to the initial remedial tuition hours provided under subsection 1 if the CDF is satisfied it is reasonable. 3. Remedial tuition approved by the CDF under this section must be taken within the later of the following dates. a. 12 months from the date the member's child commences at the new school in Australia. b. 12 months from the date the member commences their overseas posting. 4. The amount of reimbursement under this section is calculated using the following formula. Where: A is the amount the member paid for remedial tuition. B is the amount the member would have paid for remedial tuition if the member was in Australia. 11 Annex 15.6.A (table item 26) Repeal the item, substitute: 26. New Zealand - Wellington Any government school Scots College Scots College - other Any government school Any government school Any government school 12 Subsection 15.8.2.2 (after table item 12) Insert: 12A. Laos Fitness World Phonxay 13 Paragraph 16.4.13.1.b Omit "16.4.3", substitute "16.4.5". 14 Amendments of listed provisions—repeals Repeal the following provisions. a. Subsection 12.5.3.5. b. Section 12.5.3A. c. Part 4 of Chapter 14A. d. Section 15.6.15A. e. Subsection 16.2A.5.1A. f. Section 16.4.14. Schedule 3—Transitional provisions Defence Determination 2016/19, Conditions of service 1 Definitions In this Schedule, Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time. 2 Reunion travel for dual serving couples posted to sea going vessels 1. This clause applies to a member who met all of the following between 1 July 2023 and the commencement of this Determination. a. They were posted to a seagoing ship, seagoing submarine or seagoing flight. b. They had accompanied resident family. c. Their accompanied resident family was also a member. 2. The member is eligible for the reunion travel credits under Division 4 of Part 3 of Chapter 9 of the Defence Determination as though the changes made by item 57.c of Schedule 1 of this Determination has been in force at the time. 3 Clothing Benefit 1. This clause applies to a member who was a media content officer at Government House between 17 January 2022 and the commencement of this Determination. 2. The member is eligible for the reimbursement they would have been eligible to receive under section 10.3.3 of the Defence Determination had the changes made by items 53 and 54 of Schedule 1 of this Determination been in force at the time. 4 Pre-approved remedial tuition 1. This clause applies to a member who was approved a remedial tuition benefit for their child under sections 15.6.14 or 15.6.28 of the Defence Determination before the commencement of this Determination. 2. Despite the changes made by items 9 and 10 of Schedule 2 of this Determination, the member remains eligible for the remedial tuition benefit for their child that was approved. 5 Benchmark schools 1. This clause applies to a member who meets all of the following. a. The member was posted to Wellington, New Zealand between 19 June 2023 and the commencement of this Determination. b. The member had a child attending one of the following at the posting location. i. Primary school. ii. Secondary school. c. The member paid compulsory tuition fees for the child to attend the school under paragraph b. 2. The member is eligible for the reimbursement of education costs provided by Division 2 of Part 6 to Chapter 15 of the Defence Determination as though the changes made by item 11 of Schedule 2 of this Determination had been in force between 19 June 2023 and the commencement of this Determination. 6 Approved club 1. This clause applies to a member who was posted to Laos between 19 June 2023 and the commencement of this Determination. 2. The member is eligible for the cost of the club membership they would have been eligible for under sections 15.8.4 and 15.8.5 of the Defence Determination as though the changes made by item 12 of Schedule 2 of this Determination had been in force between 19 June 2023 and the commencement of this Determination.