Defence Determination 2008/48
I, PETER JOHN REDSTON, Acting Director General Personnel Policy and Employment Conditions,
make this Determination under section 58B of the Defence Act 1903.
Dated 1 October 2008
P J REDSTON
Acting Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group
Ref820
1
Citation
This Determination is Defence Determination 2008/48, Miscellaneous amendments.
2
Commencement
This Determination commences on the day it is signed.
3
Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
4
Determination 2005/15, Conditions of Service, as amended
omit, wherever occurring
Overseas Administration Centre
insert
Overseas Administration Team
5
Paragraph 3.2.43.3.a (Salary non-reduction period), see
omit
See: Annex 3.2.A, Salary non-reduction – members with the rank of Warrant Officer Class 1
or lower
insert
See: Annex 3.2.A, Salary non-reduction – members with the rank of Warrant Officer Class 2
or lower
6
Subclause 3.5.105.1.d (Members this Division applies to), see
omit
Division 16
insert
Division 15
7
Subclause 6.6.41.1 (Removal on ceasing continuous full-time service at own
request), table item 1
omit
Note: 'Other rank' members are listed at Annex 3.1.L
insert
Note: 'Other rank' members are listed at Schedule B.12
8
Clause 7.1.11 (Members without dependants), table item 9
omit
Division 3
insert
Division 4
9
Subclause 7.2.11.1 (Member required to live in tied or appointment
residence), see
omit
Division 3
insert
Division 4
10
Paragraph 7.4.8.2.b (Entitlement of dependants on death of member), see
omit
Division 4
insert
Division 5
11
Paragraph 7.5.1.1.a (Overview), see
substitute
See:
Division 3, Market-rent-based classification of a Service residence
Division 4, Amenity-based classification of a Service residence
Division 5, Classification of on-base Service residence
Division 6, Rent band choice homes
Annex 7.A2, Regional rent bands
12
Clause 8.4.3 (Contents)
omit
Annex 8.4.A Dependant with special needs
13
Subclause 9.5.40.2 (Limits on travel costs for journey longer than 21 days),
table item 2
omit
clause 9.5.33
insert
clause 9.5.39
14
Clause 12.3.19 (Time zone hours), see
omit
Division 7
insert
Division 2
15
Subclause 14.1.1.2 (About relocations to and from overseas postings), table
items 14, 15 and 16
substitute
14.
15.
16.
16
Entitlements during evacuations
Entitlements if the Commonwealth suddenly
withdraws from posting.
Compensation for loss or damage to possessions
in certain events.
Examples: War, civil disorder, natural disaster.
Part 6, Evacuations and
withdrawals from posting
Subclause 15.2.7.2 (Disposable income for ADF members), table item 9
omit
Division 11
insert
Division 10
17
Subclause 15.6.11.4 (Entitlement – general), table item 6
omit
Additional assistance for children overseas – special circumstances
insert
Education assistance for children overseas – special circumstances
NOTE
1.
Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments
see Note to Defence Determination 2008/1 and see also Defence Determinations 2008/2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47.
EXPLANATORY STATEMENT
Defence Determination 2008/48
This Determination amends Defence Determination 2005/15, Conditions of Service (the
Principal Determination), made under section 58B of the Defence Act 1903 (the Act).
Chapter 3 of the Principal Determination sets out provisions dealing with salaries and
bonuses for members of the Australian Defence Force (ADF), Chapter 6 sets out provisions
dealing with ADF relocation on posting in Australia, Chapter 7 sets outs provisions dealing
with ADF housing and meals, Chapter 8 sets out provisions dealing with members and their
dependants, Chapter 9 sets out the provisions for ADF travel within Australia, Chapter 12 sets
out provisions dealing with Overseas conditions of service – overview for the members of the
ADF, Chapter 14 sets out provisions for members relocating to or from long-term posting
overseas, and Chapter 15 sets out provisions for members living and working on long-term
posting overseas.
The purpose of this Determination is to make various administrative and cross reference
changes.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination provides that the Determination commences on the date it is
signed.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 replaces the name Overseas Administration Centre with Overseas Administration
Team wherever it occurs throughout the Principal Determination, to reflect a change in the
identity of the area processing overseas travel and postings.
Clause 5 amends paragraph 3.2.43.3.a of the Principal Determination by updating the cross
reference to Annex 3.2.A to reflect a change to the title of the Annex made in Defence
Determination 2008/43.
Clause 6 amends subclause 3.5.105.1.d of the Principal Determination by updating a cross
reference to refer correctly to Division 15, instead of to Division 16.
Clause 7 amends table item 1 in subclause 6.6.41.1 of the Principal Determination by
updating a cross reference to reflect changes made by the Defence Force Remuneration
Tribunal (DFRT) on 1 July 2008, when it restructured its salary determination (DFRT
Determination No. 15 of 2008, Salaries).
Clause 8 amends clause 7.1.11 of the Principal Determination by updating a cross reference
to read 'Division 4'. The cross reference previously referred to Division 3.
Clause 9 amends subclause 7.2.11.1 of the Principal Determination by updating a cross
reference to read 'Division 4'. The cross reference previously referred to Division 3.
Clause 10 amends paragraph 7.4.8.2.b of the Principal Determination by updating a cross
reference to read 'Division 5'. The cross reference previously referred to Division 4.
Clause 11 amends paragraph 7.5.1.1.a of the Principal Determination by updating cross
references to other Divisions within Chapter 7 Part 5.
Clause 12 amends clause 8.4.3 of the Principal Determination by removing reference to
Annex 8.4.A Dependants with special needs. This Annex was removed from the PACMAN in
October 2007 as the substantive provisions were incorporated in Part 6 of the Principal
Determination.
Clause 13 amends table item 2 of subclause 9.5.40.2 of the Principal Determination by
updating a cross reference to clause 9.5.39. The cross reference previously referred to
clause 9.5.33.
Clause 14 amends clause 12.3.19 of the Principal Determination by updating a cross
reference to read 'Division 2'. The cross reference previously referred to Division 7.
Clause 15 substitutes table items 14, 15 and 16 of subclause 14.1.2 of the Principal
Determination. This amendment updates the title for Part 6 to 'Evacuations and withdrawals
from posting'. The part title was previously 'Evacuation'.
Clause 16 amends table item 9 in subclause 15.2.7.2 of the Principal Determination by
updating a cross reference to read 'Division 10'. The cross reference previously referred to
Division 11.
Clause 17 amends table item 6 of subclause 15.6.11.4 of the Principal Determination by
updating the title of Division 4 to 'Education assistance for children overseas – special
circumstances'. The division title was previously called 'Additional assistance for children
overseas – special circumstances'.
Criteria are provided for the exercise of discretions under the Principal Determination, as
amended by this Determination. Adverse decisions are subject to merits review under the
ADF redress of grievance system, including an appeal to the Defence Force Ombudsman.
Authority: Section 58B of the
Defence Act 1903