Defence Determination 2009/10
I, ROBERT MCKELLAR, Acting Director General Personnel Policy and Employment Conditions,
Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 19 February 2009
R MCKELLAR
Acting Director General
Personnel Policy and Employment Conditions
Personnel Executive
Ref857
1
Citation
This Determination is Defence Determination 2009/10, Transition assistance.
2
Commencement
This Determination commences on the date of signature.
3
Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
4
Clause 2.3.2 (Contents)
insert at the end
Division 5
5
Additional transition period
Clause 2.3.28 (Repayment of special benefit)
insert at the end
Division 5: Additional transition period
2.3.29
1.
2.
2.3.30
1.
Additional transition period
The CDF or a Service Chief may approve payment of certain benefits to a former member
for a period, having regard to the following considerations.
a.
Whether the period is necessary to provide the member with a reasonable period of
transition assistance to adjust to the end of their Permanent Force career.
b.
The period for which the benefits are usually made available to a member ceasing
service on the same grounds as the former member.
Approval under subclause 1 may extend for a period of up to four months and is taken to
start from the day that the member ceases service in the Permanent Force.
Benefits during additional transition
Benefits approved during an additional transition period may include any of the following.
a.
Benefits under the career transition assistance scheme.
See: Part 2, Leaving the ADF: Career Transition Assistance Scheme
b.
Removal.
See: Chapter 6, Relocations
c.
Continuation of housing assistance.
See: Chapter 7, Housing and meals
d.
Medical, psychological and dental services and treatment; or reimbursement for
equivalent private services if ADF services and treatment cannot be supplied.
2.
Other benefits and conditions of service such as salary, salary-related allowances and leave
may not be paid for the additional transition period under this Division.
NOTE
1.
Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments
see Note to Defence Determination 2009/1 and see also Defence Determinations 2009/2, 3,
4, 5, 6, 7, 8 and 9.
3
EXPLANATORY STATEMENT
Defence Determination 2009/10
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 2 of the Principal
Determination sets out provisions dealing with joining and leaving the Australian Defence Force (ADF).
The purpose of this Determination is to provide a power to approve an additional period of transition for
an ADF member who ceases to serve in the Permanent Force.
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 day on which it is
made, as provided by subsection 58B(4) of the Act.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clause 4 inserts a new Division listing into the contents table in clause 2.3.2 of the Principal
Determination, titled 'Additional Transition Period'.
Clause 5 inserts a new Division 5 into Part 3 of Chapter 2 of the Principal Determination. The new
Division provides that a senior ADF decision-maker, CDF or a Service Chief, may approve a former
member's continued access to benefits of the kind normally provided to ADF members in the months prior
to their transition out of ADF service. This discretion provides that if a member has only a short period of
notice of the end of their Service, they are able to be provided with the normal transition support that they
would expect, to assist in the adjustment to civilian life. The assistance is limited to a period similar to the
notice period a member would normally work prior to the end of their service. The ability to extend
assistance in this manner ensures that a member is able to be assisted in situations where reasons
beyond their control have prevented the member accessing services prior to their departure from the
ADF. It may also assist in the event that there is a delay in access to normal veterans' support services.
Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this
Determination. Adverse decisions may be the subject of merit review by appeal to the Defence Force
Ombudsman.
The potential for retrospective application of this Determination, by its potential extension from the end of
a member's service does not affect the rights of a person (other than the Commonwealth) in a manner
prejudicial to that person.
Authority: Section 58B of the
Defence Act 1903