Division 1: Introduction to deployment (This Division is policy guidance)

17.1.6    Nature of service
17.1.7    Warlike operation
17.1.8    Non-warlike operation
17.1.9    Establishing a deployment conditions of service package
17.1.10   Administering a deployment conditions of service package
17.1.11   Monitoring a deployment conditions of service package
17.1.12   Closing a deployment conditions of service package
17.1.13   Deployments approved by the Minister

17.1.6    Nature of service

 

The Minister, in consultation with the Prime Minister, will declare the nature of service of a deployment. It will be either warlike or non-warlike. 

17.1.7    Warlike operation

 

Warlike operations are those military activities where the application of force is authorised to pursue specific military objectives and there is an expectation of casualties. These operations can encompass but are not limited to the following.

 

a.

A state of declared war.

 

b.

Conventional combat operations against an armed adversary.

 

c.

Peace enforcement operations which are military operations in support of diplomatic efforts to restore peace between belligerents who may not be consenting to intervention and may be engaged in combat activities. They are usually conducted under Chapter VII of the UN Charter, where the application of all necessary force is authorised to restore peace and security or other like tasks.

17.1.8    Non-warlike operation

 

Non-warlike operations are defined as those military activities short of warlike operations where there is risk associated with the assigned tasks and where application of force is limited to self-defence. Casualties could occur but are not expected. These operations encompass, but are not limited to the following.

 

a.

Hazardous operations. These are activities exposing individuals or units to a degree of hazard above and beyond that of normal peacetime duty such as mine avoidance and clearance, weapons inspections and destruction, Defence Force aid to the civil power, service protected or assisted evacuations and other operations requiring the application of minimum force to effect the protection of personnel or property, or other like activities.

 

b.

Peacekeeping operations. Peacekeeping is an operation during which military personnel, without powers of enforcement, help restore and maintain peace in an area of conflict with the consent of all parties. These operations can encompass but are not limited to the following.

 

i.

Activities short of peace enforcement where the authorisation for the application of force is usually limited to minimum force necessary for
self-defence.

 

ii.

Activities, such as the enforcement of sanctions in a relatively benign environment that expose individuals or units to ‘hazards’ as described above.

 

iii.

Military observer activities with the tasks of monitoring ceasefires, re-directing and alleviating ceasefire tensions, providing ‘good offices’ for negotiations and the impartial verification of assistance or ceasefire agreements, and other like activities.

 

iv.

Activities that would usually involve the provision of humanitarian relief resultant from acts of violence against humanity.

17.1.9    Establishing a deployment conditions of service package

 

The following table describes the process for establishing a deployment conditions of service package.

 

Stage

Who

Description

1.

United Nations or foreign government

Forwards a request for ADF participation.

2.

Headquarters Joint Operations Command

Prepares a submission to Minister for Defence, recommending the deployment be declared warlike or non-warlike.

Notes:

a. Defence Intelligence Organisation provides military threat assessment for any likely deployment.

b. Defence Health Service provides environmental and health threat assessment.

c. Headquarters Joint Operations Command liaises with People Strategies and Policy (Director Service Conditions) on conditions of service.

d. The submission must include an Australian Taxation Office determination and reference to consultation with the Prime Minister.

3.

Minister for Defence in consultation with the Prime Minister

Declares nature of service and returns to Headquarters Joint Operations Command.

Note: People Strategies and Policy (Director Service Conditions) receives a copy of the declaration from Headquarters Joint Operations Command, and the original Australian Taxation Office determination signed by the Minister for Defence.

4.

People Strategies and Policy (Director Service Conditions)

a.

Prepares a submission to Minister Assisting Minister for Defence recommending a rate of deployment allowance. The submission includes both the following determinations.

 

 

i.

 

A determination under the Military Rehabilitation and Compensation Act 2004 (the MRC Act).

 

ii.

A determination under the Veterans' Entitlements Act 1986.

b.

Raises a determination under section 58B of the Defence Act 1903 for signature by Director General Personnel Policy and Employment Conditions, to authorise the rate of deployment allowance.

c.

Completes inter-departmental action.

 

i.

Forwards the determination under the MRC Act to the Department of Veterans’ Affairs. This determination advises the operational area, start date and description of the deployment.

 

ii.

 

Forwards the determination under the Veterans' Entitlements Act 1986 to the Department of Veterans’ Affairs.

 

iii.

Forwards the tax declaration to Treasury, advising the operational area, start date and a description of the deployment. Requests the preparation of an appropriate regulation under the Income Tax Assessment Act 1936.

d.

Promulgates the conditions of service package.

17.1.10   Administering a deployment conditions of service package

 

The following table describes the process for administering a deployment conditions of service package.

 

Stage

Who

Description

1.

Deputy Commander Joint Operations

Prepares an Administrative Staff Instruction detailing conditions of service.

2.

Service Chief/Environmental Commander

Approves members to be part of the deployed force.

3.

Headquarters Joint Operations Command

Makes sure members who deploy for each operation are recorded on the PMKeys operations log.

4.

Director Military Salaries and Allowances ‑ Policy

Amends Defence Determination 2005/15, Conditions of Service, to include the operation for civil practice support allowance purposes, if appropriate.

17.1.11   Monitoring a deployment conditions of service package

 

The following table describes the three-stage process for monitoring a deployment conditions of service package.

 

Stage

Who

Description

1.

Headquarters Joint Operations Command

Monitors the task/role of the deployment.

2.

Defence Intelligence Organisation

Provides six-monthly military threat assessments or a revised assessment if circumstances change.

3.

People Strategies and Policy (Director Service Conditions)

Reviews deployment allowance in conjunction with a changed threat assessment.

17.1.12   Closing a deployment conditions of service package

 

The following table describes the process for closing an operation and ending a deployment conditions of service package.

 

Stage

Who

Description

1.

Headquarters Joint Operations Command

a.

Closes the operation by advising the Minister for Defence that activities have ceased and requests agreement to close the operation.

b.

For warlike operations, prepares allotment certificate for the purposes of Veterans’ Affairs, taxation and home loans assistance.

Sends allotment certificate to Vice Chief of the Defence Force for approval.

Note: Allotment means the same as assignment.

2.

People Strategies and Policy (Director Service Conditions)

a.

Advises the Department of Veterans’ Affairs to revoke the legislation.

b.

Advises Treasury to withdraw the tax provision.

c.

For warlike operations, advises DHA to revoke the legislation.

17.1.13   Deployments approved by the Minister

 

Annex 17.1.B shows the deployments that have been approved by the Minister since 1982.

 

 

PACMAN                                                  Reprint (August 2008)                              Chapter 17 – Part 1 Division 1 – 1