Defence Determination 2013/63, Dental officer
specialist officer career structure – amendment
I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment
Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 18 December 2013
C S CHAMLEY
Acting Director General
People Policy and Employment Conditions
Defence People Group
Ref723A
1
Citation
1.
This Determination is Defence Determination 2013/63, Dental officer specialist officer career
structure – amendment.
2.
This Determination may also be cited as Defence Determination 2013/63.
2
Commencement
This Determination commences on the date of signature.
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Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
Clause 3.2.34 (Specialist officers – increment advancement and promotion)
4
substitute
3.2.34 Chaplain and dental officers – increment advancement and promotion
1.
1A.
A Chaplain is eligible for incremental advancement in the specialist officer salary structure
12 months after the later of the following two dates.
a.
The day the member is posted to a position requiring a higher competency level than
the member previously held.
b.
The day the member is promoted to a higher rank.
A dental officer is eligible for incremental advancement in the specialist officer salary
structure 12 months after the later of the following two dates.
a.
The day the member is assessed as holding a higher dental level than the member
previously held.
b.
The day the member is promoted to a higher rank.
Example 1: A Captain dental officer is assessed as DL2-1 on 15 March 2012. The
increment to DL2-2 is paid on 15 March 2013.
Example 2: A Captain dental officer assessed as DL2-2 is promoted to Major DL2-1 with
effect from 1 January 2012. The date for the next increment to Major DL2-2 is
1 January 2013.
Example 3: A Captain dental officer receives an increment to DL2-3 with effect from
15 March 2012. They are then promoted to Major DL2-1 with effect from
13 September 2012. The anniversary for the next increment is 13 September 2013, not
15 March 2013.
2.
A dental officer in the specialist officer salary structure is eligible for increment advancement
12 months after the day they become eligible for payment under that structure.
2
3.
On promotion, a Chaplain or dental officer, is paid the lowest increment for their
competency or dental level at the new rank.
Example: A Captain at DL2-3 level is promoted to Major. They will be paid at DL2-1, which
is the lowest increment level for a Major at DL2.
Exception: For a member who becomes a specialist officer, the CDF may approve a salary
above the minimum incremental rate in a competency or dental level because of the
member's relevant experience, qualifications and skills.
4.
On advancement to a higher competency or dental level under clause 3.2.35 or 3.2.36, the
member's increment level is the lowest increment for that competency or dental level.
Example: A Captain at DL2-3 is advanced to the next dental level of DL3. The new dental
level and increment level will be DL3-1.
Clause 3.2.36 (Competency levels – dental officer)
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substitute
3.2.36 Dental levels – dental officer
1.
The CDF may approve the qualification, skill and experience requirements for a dental level.
2.
The CDF may designate a position as requiring a specific dental level.
3.
A dental officer may only advance to a higher dental level if the CDF is satisfied that the
officer meets the requirements for that dental level.
4.
A dental officer who holds the honorary rank of dental officer in the Army Reserve is taken
to be a Captain for the purpose of determining the relevant rate of salary for the officer
under Part 3 of Schedule B.6 of DFRT Determination No. 15 of 2008, Salaries.
See: Part 1 Schedule B.6, Specialist Officer – Dental Officer salary rates
NOTE
1.
Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2013/1 and amendments made by Defence Determinations
2013/1, 2, 3, 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, 47, 48, 49, 50,
51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61 and 62.
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EXPLANATORY STATEMENT
Defence Determination 2013/63
This Determination amends Defence Determination 2005/15, Conditions of service (the Principal
Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance
with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section
58B of the Defence Act are disallowable non-legislative instruments and are subject to the interpretation
principles in the AIA Act, as modified by section 58B of the Defence Act.
Chapter 3 of the Principal Determination sets out provisions dealing with salaries and bonuses for
members of the Australian Defence Force (ADF).
The purpose of this Determination is to make consequential amendments to increments and dental levels
for dental officers, to align them to the specialist officer career structure. The structure was implemented
by Defence Force Remuneration Tribunal (DFRT) Determination No. 17 of 2013, Salaries – Dental officer
specialist officer career structure – amendment, made under section 58H of the Defence Act. Other
specialist officers (legal, medical and chaplains) are not affected by the changes made in this DFRT
Determination.
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 of signature.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 substitutes clause 3.2.34 of the Principal Determination, which now sets out increment
advancement and promotion provisions only for chaplains and dental officers. The restructured clause
includes references to 'dental level' instead of 'competency level' for dental specialist officers to reflect the
new career structure terminology. The clause contains updated examples and alphanumeric numbering
to preserve cross references.
Clause 5 substitutes clause 3.2.36 of the Principal Determination. This clause replaces the references to
'competency level' with 'dental level' to reflect the new dental specialist officer career structure
terminology. The clause also omits the requirement for a dental officer who holds the competency and
experience to be posted to a designated Dental Level 3 position prior to being granted competency
advancement from Dental Level 2 to Dental Level 3. Instead, subclause 3.2.36.2 provides discretion as to
whether a specific dental level is required as a precondition for occupancy of a specific position.
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
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Defence Determination 2013/63, Dental officer specialist officer career structure – amendment
This Determination is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
This Determination makes consequential amendments to provisions regarding specialist dental officers in
the Australian Defence Force. These amendments reflect terminology changes as a result of Defence
Force Remuneration Tribunal Determination No. 7 of 2013, Salaries – Dental officer specialist officer
career structure – amendment.
Human rights implications
Right to the enjoyment of just and favourable conditions of work
The protection of a person's right to remuneration engages Article 7 of the International Covenant on
Economic, Social and Cultural Rights. Article 7 guarantees just and favourable conditions of work,
including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.
The Australian Defence Force (ADF) dental officer specialist officer career structure is based on rank and
dental levels and directly informs the remuneration structure attached to it. Dental officers are advanced
in salary increments based on standard of competency and on time period requirements. This
Determination provides a set of rules for salary increment advancement that apply to dental officers. The
required 12 month time period required for increment level advancement for all dental officers reflects the
dental community's expectation that a practicing dental officer significantly advances their knowledge and
mastery of their skills over this time period. For members of the Permanent Force, their knowledge and
mastery is gained within the Defence environment; for members of the Reserve Force, their knowledge
and mastery is gained from previous military experience or employment in the public or private health
systems and applied or used when called upon as a Reservist in the ADF.
Conclusion
This Determination is compatible with human rights because it does not limit any human rights.
Christon Scott Chamley, Acting Director General People Policy and Employment Conditions