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TAX ALERT: PACMATE Annex 3.A, item 77. |
5.3.21 Salary
for long service leave
5.3.22 Salary
– member on higher duties, temporary or acting rank
5.3.23 Allowances
while on long service leave
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Unless clause 5.3.22 or 5.3.23 applies, salary for a period of long service leave for a member who is to be granted long service leave is the sum of these amounts. |
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a. |
Salary at the applicable rate for the member’s substantive rank and (if applicable) the member’s pay grade. |
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b. |
The amount of any allowance that may be paid during long service leave. See: Clause 5.3.23, Allowances while on long service leave |
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1. |
This clause applies to a member who meets both of these criteria. |
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a. |
They hold a temporary or acting rank, or are entitled to higher duties allowance, immediately before the start date. |
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b. |
The direction to perform at that rank is not cancelled. |
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2. |
The member's salary for the long service leave period is the sum of these amounts. |
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a. |
The rate of salary for the higher duties or temporary or acting rank and (if applicable) their pay grade, held immediately before the start date. |
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b. |
The amount of any
allowance that may be paid during long service leave. These are paid at the
same rank as salary under p See: Clause 5.3.23, Allowances while on long service leave |
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1. |
These allowances may continue to be paid to a member who takes long service leave. They may only be paid if the member would have continued to receive the allowance if they had not taken long service leave. |
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Item |
Allowance |
Reference |
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1. |
The annual rate of adventurous training instructor allowance. |
Chapter 4 Part 3 Division 1 |
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2. |
The annual rate of diving allowance. |
Chapter 4 Part 3 Division 3 |
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3. |
Flying
allowance under subclause 8.2 of DFRT Determination No.4 of 2005, Flying and
flight duties allowance |
Chapter 4 Part 3 Division
5 |
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4. |
The annual rate of p |
Chapter 4 Part 3 Division 10 |
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5. |
The annual rate of seagoing allowance. |
Chapter 4 Part 3 Division 11 |
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6. |
Special action forces allowance. |
Chapter 4 Part 3 Division 12 |
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7. |
Specialist operations allowance. |
Chapter 4 Part 3 Division 13 |
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8. |
Submarine escape allowance. |
Chapter 4 Part 3 Division 14 |
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9. |
Submarine service allowance. |
Chapter 4 Part 3 Division 15 |
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10. |
Flight duties allowance under subclause 8.2 of DFRT Determination No.4 of 2005, Flying and flight duties allowance |
Chapter 4 Part 3 Division 5 |
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2. |
Apart from flight duties allowance as described in table
item 10 in p |
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3. |
In order to be paid an allowance listed in subclause 1 during leave, the member must meet one of these conditions. |
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a. |
The member was entitled to the allowance on the day before the start date. |
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b. |
The member was entitled if they were in one of the following situations for the whole period between the day on which they were last entitled to the allowance and the start date. |
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i. |
The member was ill or in hospital. |
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ii. |
The member was prevented from taking long service leave because they were required to remain on duty. |
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iii. |
For an officer – The member was involved in retirement proceedings that resulted in the member’s retirement because the member was physically or mentally incapacitated. |
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iv. |
For a member other than an officer – The member was involved in discharge proceedings that resulted in the member’s discharge because the member was medically unfit. |
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4. |
On any day that an amount of allowance mentioned in subclause 1 is included in a member's salary, the member is not to be paid that allowance amount under this clause, in addition to salary. Authority: A member's salary is determined under section 58H of the Defence Act 1903. |
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Note: Other allowances continue to be paid while the member is on long service leave, because they do not depend on the member being on duty. The payment depends on rules in other Chapters. Examples include: |
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a. |
Service allowance. See: Chapter 4 Part 2 |
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b. |
rent allowance. See: Chapter 7 Part 6 |
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c. |
location allowances such as Antarctic allowance, ADF district allowance, Port Wakefield allowance and Woomera allowance. These may only be paid if the member stays in the location while on the long service leave. See: Chapter 4 Part 4 |
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d. |
retention allowances. See: Chapter 3 Part 5 Division 5 |
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e. |
sep See: Chapter 6 Part 1 Division1 |
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f. |
trainee’s dependant allowance. See: Chapter 4 Part 7 Division 1 |
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g. |
uniform allowance. See: Chapter 10 Part 1 |
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See also: The definition of salary for the purpose of payment instead of leave in subclause 5.3.26.4. |
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