Defence Determination, Conditions of service Amendment (ADF Military Factor Framework consequential amendments) Determination 2024 (No. 9) I, Brigadier Kirk Lloyd, Director General, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903. Dated 26 August 2024 BRIG Kirk Lloyd Director General People Policy and Employment Conditions Defence People Group Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—ADF Military Factor Framework consequential amendments Defence Determination 2016/19, Conditions of service Schedule 2—Transitional provision 1 Name This instrument is the Defence Determination, Conditions of service Amendment (ADF Military Factor Framework consequential amendments) Determination 2024 (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. On commencement of DFRT Determination No. 6 of 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 Note: This table relates only to the provisions of this instrument as originally made.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. 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of the Defence Act 1903. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—ADF Military Factor Framework consequential amendments Defence Determination 2016/19, Conditions of service 1 Paragraph 2.3.5.5.b Repeal the paragraph, substitute: b. Any of the following under DFRT Determination No. 6 of 2024. i. A Special Forces Disability Allowance under Part B Division 2 Subdivision 5. ii. Clearance Diver Instructor Allowance. iii. Clearance Diving Operations Support Allowance. iv. Clearance Diving Operations Support Allowance – Medical. v. A Maritime Crew B to F Allowance under Part B Division 1 Subdivision 3. vi. Maritime Deployable Support Element Allowance. vii. An Unpredictable Explosives Allowance under Part B Division 4 Subdivision 2. 2 Section 3.2.7AA Repeal the section, substitute: 3.2.7AA Salary for a member on a flexible service determinations 1. This section applies to a member on a flexible service determination. 2. For the purpose of calculating a member's fortnightly salary and Officer Aviation Remuneration Structure Allowance, the value of a day of a nonworking period is the following. a. For the first 4 days of a nonworking period in a fortnight — $0.00. b. For any other day of a nonworking period in a fortnight, the amount calculated using the following formula. Where: A is the member's annual salary or rate of Officer Aviation Remuneration Structure Allowance. Note: Under DFRT Determination No. 2 of 2017, a member is not paid for a nonworking period. A member's fortnightly salary is reduced by the value of the nonworking period for each day that in their nonworking period in the fortnight. 3.2.7AB Allowances for a member on a flexible service determinations 1. This section applies to a member on a flexible service determination who is eligible for a DFRT allowance, other than Language Allowance under DFRT Determination 14 of 1992. 2. For the purpose of DFRT allowance, the value of a day of a nonworking period is one of the following. a. For the first 4 days of a nonworking period in a fortnight — $0.00. b. For every other day of a nonworking period in a fortnight, the amount calculated using the following formula. Where: A is any of the following. a. The daily rate of an allowance, payable to a member in connection with their posting under DFRT Determination No. 6 of 2024. b. The daily rate of an annual rate of allowance payable to a member under any other DFRT Determination. Note: Under DFRT Determination No. 11 of 2013 and No. 6 of 2024, a member is not paid an allowance for a nonworking period. A member's fortnightly rate of the allowance is reduced by the value of the nonworking period for each day in their nonworking period in the fortnight. 3 Section 5.4.6 (definition of special service) Repeal the definition. 4 Section 5.4.9 Repeal the section, substitute: 5.4.9 Purpose Additional recreation leave is to provide members with recreation leave credits to enable recovery from the environmental effects of certain types of service over time. 5.4.10 Members eligible for a Military Factor framework allowance 1. A member is eligible to accrue additional recreation leave credits on a day they are eligible for an allowance under DFRT Determination No. 6 of 2024. 2. Additional recreation leave credits accrue each day at one of the following rates. a. If the member meets the criteria in subsection 3 — one of the following. i. If the member is not subject to a flexible service determination — the rate calculated using the following formula. Where: A is the number of days of non-effective service that occur on a weekday in the fortnight. ii. If the member is subject to a flexible service determination — the rate calculated using the following formula. Where: A is the number of hours in a fortnight in the member's pattern of service. B is the number of hours in a fortnight of non-effective service. b. In any other circumstance — 0.1 of a credit of additional recreation leave. 3. For the purpose of subsection 2.a, the member meets one of the following. a. They are eligible for an allowance, other than Submarine Escape Allowance, in connection with a posting to a specific unit or position. b. They are eligible for Special Forces Operator Sustainment Allowance, and not posted to a Special Forces Operator position. 4. The maximum amount of additional recreation leave credits a member can accrue under this section is 10 in a financial year. 5 Sections 5.4.11 to 5.4.16 Repeal the sections. 6 Paragraph 9.5.37.c Omit "field allowance under DFRT Determination No. 11 of 2013", substitute "a Field Allowance under DFRT Determination No. 6 of 2024". Schedule 2—Transitional provision 1 Definitions In this Schedule, the following apply. Defence Determination means Defence Determination 2016/19, Conditions of service, as in force immediately after the commencement of this Determination. DFRT Determination No. 6 of 2024 means DFRT Determination No. 6 of 2024 as in force from time to time. 2 Additional recreation leave – Training Sustainment Allowance 1. This clause applies to a member who is eligible for Training Sustainment Allowance under DFRT Determination No. 6 of 2024. 2. Despite subsection 5.4.10.2 of the Defence Determination, the member accrues 0.1 of a credit of additional recreation leave each day they are eligible for the allowance. 3 Additional recreation leave – Special Duty 1. This clause applies to a member who is eligible for one of the following allowances under DFRT Determination No. 6 of 2024. a. Special Duty Level 1 (Daily) Allowance. b. Special Duty Level 2 Allowance. c. Special Duty Level 3 Allowance. d. Special Duty Level 3 – Special Forces Operator Allowance 2. Despite subsection 5.4.10.2.b of the Defence Determination, the member accrues additional recreation leave at the rate set by paragraph 5.4.10.2.a of the Defence Determination each day they are eligible for the allowance. 4 Revocation This schedule is revoked on a date specified by Director General, People Policy and Employment Conditions by notifiable instrument.