Division 9: Navy capability allowance

[From DFRT Determination No 9 of 2008]
1    Commencement

 

This Determination commences on the day it is signed.

Note: This Determination was signed on 9 April 2008.

2    Purpose

 

This Determination provides a short term capability allowance to encourage trained members of the Navy to maintain individual readiness and to remain engaged in continuous full time service.

3    Definitions

 

This table defines terms used in this Determination.

 

Term

Definition

General Service Sailor

A sailor who meets both of the following conditions.

a.    The member is not submarine qualified.

b.   The Chief of Navy has determined the member is liable for sea service.

Individual Readiness

The standard of readiness required of a member determined by the Chief of Navy under subsections 9(2) and 9A(3) of the Defence Act 1903.

Initial Minimum Period Of Service

The initial minimum period of service that the Chief of Navy has determined in respect of a member's enlistment or appointment under the Defence (Personnel) Regulations 2002.

Return Of Service Obligation

The period that the Chief of Navy determines under the Defence (Personnel) Regulations 2002 for the special duties that a member must complete in return for this allowance.

Submarine Qualified Sailor

A sailor who meets all of the following conditions.

a.    The member holds a submarine proficiency approved by the Chief of Navy.

b.   The member is a volunteer for submarine service.

c.    The Chief of Navy has determined the member is liable to serve in submarines.

 

 

The submarine proficiencies approved by the Chief of Navy are either of the following.

 

a.

P001706 – ‘Submarine Qualified’.

 

b.

P000673 – 'Collins Class Sea Qualification (SMSQ) Taskbook' (before June 2004) and 'Completion of Initial Common Collins Class Taskbook' (after June 2004).


4    Exercise of powers by the Chief of Navy

 

In this Determination, a reference to Chief of Navy includes a reference to a person Chief of Navy has authorised to exercise administrative powers vested in Chief of Navy under this Determination.

5    Conditions for eligibility

1.

A member who meets all of the following conditions is eligible for the Navy Capability Allowance.

 

a.

The member is rendering continuous full time service in Navy.

 

b.

The member has completed an initial minimum period of service.

 

c.

The member is one of the following.

 

i.

General Service Sailor.

 

ii.

Submarine Qualified Sailor.

 

d.

The member holds one of the following ranks.

 

i.

Able Seaman.

 

ii.

Leading Seaman.

 

iii.

Petty Officer.

 

iv.

Chief Petty Officer.

 

e.

The Chief of Navy has determined that the member meets the Navy's individual readiness requirements at the time that the first and third payments under the scheme are payable.

Exception: A member who is pregnant or on maternity leave or parental leave at the time such payments are payable is taken to be individually ready for the purpose of this allowance.

 

f.

The member applies for the Navy Capability Allowance in writing.

 

g.

The member is subject to a Return of Service Obligation determined by the Chief of Navy in relation to this allowance for a period of 18 months to be served in addition to fulfilment of any other separate undertaking for further service or return of service obligation.

 

h.

The member is not subject to discharge action following a determination by the Chief of Navy that retention of the member is not in the interests of the Navy.


 

2.

A member who receives the Navy Capability Allowance continues to receive the allowance if the member is promoted to the rank of Warrant Officer or appointed as an Officer.

3.

This Determination ceases to apply to all members on 31 December 2011.

6    Members not eligible

1.

A member is not eligible to apply for the Navy Capability Allowance if either of the following circumstances applies.

 

a.

The member will reach compulsory retirement age before the end of the eighteen month period of service the member must perform in return for the allowance, and the Chief of Navy has not accepted the member's application to have the member's retirement date extended to cover that period of service.

 

b.

The member's fixed period of service will end before the end of the eighteen month period of service the member must perform in return for the allowance, and the Chief of Navy has not accepted the member's application to have the fixed period of service extended to cover that period of service.

2.

A member who is discharged without completing the return of service obligation required for this allowance is not eligible for any further instalments of the Navy Capability Allowance.

7    Applications for the allowance

1.

Application for the Navy Capability Allowance is voluntary.

2.

A member may not make application for the allowance if the member has previously applied for and received payment of the allowance.

3.

Applications must be made before 30 June 2010.

7A   Applying for Navy Capability Allowance (this clause is policy guidance)

1.

An application for this allowance must be on the application for at Parts A to C at Annex 4.3.C.

See: Annex 4.3.C, Navy Capability Allowance

2.

The allowance becomes payable from the earlier of the following dates:

 

a.

The day the member applies for the allowance by signing the application form and sending it.

 

b.

The day the member provides a written notice of intent. 


 

3.

If a member is unable to lodge the full application form because their duties prevent it, they should notify their intent to apply using the following process.

 

a.

The member sends a signal, facsimile or email message to the Director Sailors' Career Management (DSCM).

 

b.

The notice is sent to the following address, specified for the way it is sent.

 

i.

By signal.

Note: Signals should be sent to this address.

DSCM for NCA scheme coordinator

Subject Indicator Code:  WCS

 

ii.

By facsimile.

(08) 9553 5186 for AT, ET, MT and all SM categories

(02) 6265 6233 for all other categories

 

iii.

By email – navy.completionbonuses@defence.gov.au

 

c.

The message must include both the following statements.

 

i.

That the member intends to apply for the allowance.

 

ii.

That the member understands the Chief of Navy has determined an 18 month return of service obligation for a member who gets this allowance.

4.

As soon as practical after sending a notice of intent, the member must send the completed application form.

5.

The member needs to send in an application form. The notice is only used to work out the date from which a payment might be made. The notice alone is not enough to cause the allowance to be paid.

6.

If the member's application is not received by DSCM within three months of the date the notice was received, DSCM will take the member's intention to have changed.

7.

An application received more than three months after a notice is a fresh process. The allowance is payable from the date of that new application, unless Chief of Navy considers that the member's notice of intent is still effective because Service reasons prevented the member from sending the application form earlier.

8    Navy Capability Allowance

1.

A General Service Sailor whose application for the Navy Capability Allowance has been accepted by the Chief of Navy is to be paid $24,000.  The amount is paid prospectively in the instalments set out in the following table.

 

Item

This instalment amount...

may be paid on or after this day...

1.

$6,000

The day the member signs the application form or provides written notice of intent to apply for the allowance.  A member who provides notice of intent to apply for the allowance must subsequently make application in the appropriate form.

2.

$6,000

The day 6 months after the member signs the application form or provides written notice of intent to apply for the allowance.

3.

$12,000

The day 12 months after the member signs the application form or provides written notice of intent to apply for the allowance.

 

2.

A Submarine Qualified Sailor whose application for the Navy Capability Allowance has been accepted by the Chief of Navy is to be paid $60,000.  The amount is paid prospectively in the instalments set out in the following table.

 

Item

This instalment amount...

may be paid on or after this day...

1.

$15,000

The day the member signs the application form or provides written notice of intent to apply for the allowance. A member who provides notice of intent to apply for the allowance must subsequently make application in the appropriate form.

2.

$15,000

The day 6 months after the member signs the application form or provides written notice of intent to apply for the allowance.

3.

$30,000

The day 12 months after the member signs the application form or provides written notice of intent to apply for the allowance.

 

 

3.

If the Chief of Navy determines that a member is not individually ready at the date of the third instalment payment under subclause 8.1 or subclause 8.2, then that payment is deferred.

Exception: A member who is pregnant or on maternity leave or parental leave at the time such payments are payable is taken to be individually ready for the purpose of this allowance.

 

Note: The 18 month return of service obligation for this allowance is extended by any period that the third instalment payment is deferred. (This note is policy guidance)

4.

If the Chief of Navy has determined that the member has regained individual readiness within 6 months of the day that the third instalment payment was deferred under subclause 8.3, the payment is to be made to the member.

5.

If the Chief of Navy has determined that the member has not regained individual readiness within 6 months of the day that the third instalment payment was deferred under subclause 8.3, the payment is cancelled and must not be made to the member.

 

These examples describe what happens when the third instalment payment is deferred. (These examples are policy guidance)

 

Examples: A General Service Sailor applies for the Navy Capability Allowance on 1 April 2008.  She is paid the first instalment of $6,000 for the period starting on 1 April 2008.  She is paid the second instalment of $6,000 on 1 October 2008.  On 1 April 2009 the Chief of Navy determines that the member is not individually ready.  The third instalment payment due on 1 April 2009 is deferred.  On 16 May 2009 the Chief of Navy determines that the member has regained individual readiness.  The third instalment of $12,000 may then be paid to the member.  The member must then serve until 16 November 2009 to complete their return of service obligation.

 

9    Arrangements if a member moves between General Service and Submarine Qualified categories

1.

If a General Service Sailor who is receiving the Navy Capability Allowance becomes a Submarine Qualified Sailor, then the member is to be paid the higher rate of the allowance from the next payment instalment day.

2.

A member who meets the definition of a General Service Sailor is to be paid at the General Service Sailor rate of the allowance for any payment instalment that occurs in a period when any of the following conditions apply.

 

a.

The Chief of Navy has determined that the member no longer holds a submarine proficiency approved by the Chief of Navy.

 

b.

The member is no longer a volunteer for submarine service.

 

d.

The Chief of Navy determines the member is no longer liable to serve in a submarine.

 

These examples describe what happens when a member moves between General Service and Submarine Qualified categories. (These examples are policy guidance)

 

Examples:

1.  A General Service Sailor applies for the Navy Capability Allowance on 1 July 2008.  He is paid the first instalment of $6,000 on 1 July 2008.  He is paid the second instalment of $6,000 on 1 January 2009.  On 1 February 2009 he becomes a Submarine Qualified Sailor.  On 1 July 2009, he is paid a third instalment payment at the higher Submarine Qualified Sailor rate of $30,000.

2.  A General Service Sailor applies for the Navy Capability Allowance on 1 May 2008.  He is paid the first instalment of $6,000 on 1 May 2008.  He is paid the second instalment of $6,000 on 1 November 2008.  On 1 May 2009, he is paid the third instalment payment of $12,000.  On 1 June 2009 the member becomes a Submarine Qualified Sailor. He is still subject to a return of service obligation for this allowance.  No additional payments are made to him as he has received all three instalments of the allowance.

3.  A Submarine Qualified Sailor applies for the Navy Capability Allowance on 1 August 2008.  She is paid the first instalment of $15,000 on 1 August 2008.  On 1 February 2009 she is paid the second instalment of $15,000.  On 1 March 2009 the Chief of Navy decides that the member is no longer liable to serve in submarines.  She is still liable for sea service.  This means that the member becomes a General Service Sailor.  On 1 August 2008 the member is paid the third instalment of $12,000.

 

PACMAN                                                                 AL14 (April 2008)                                 Chapter 4 – Part 3 Division 9 – 6