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Part 2: Defence Determination on conditions of service

Warning: This Division does not apply to the DFRT determinations in Chapters 3 and 4. Those determinations have their own rules about definitions, date of effect, and which members they apply to.

See: Section 1.2.10, DFRT determinations take precedence over Defence Determination 2016/19.

1.2.1 Defence Determination 2016/19 – general

  1. Defence Determination 2016/19, Conditions of service, is the main Determination authorising ADF conditions of service within Australia and overseas. It deals with a wide range of ADF conditions of service.

  2. Examples: Leave, location allowances, reimbursement to members of Service-related expenses.

  3. This Determination commences on 1 July 2016.

1.2.2 Members Chapters 1 to 17 apply to

  1. Chapter 1 (other than Part 3 Division 2) applies in relation to all ADF members, including members of the Reserves on Reserve service. Chapter 1 Part 3 Division 2 applies only to members on continuous full-time service, unless expressly stated otherwise.

  2. Note: In the total workforce model, members of the Reserves on Reserve service are described as members in Service category 3, 4 or 5. Members on Service option C are not members of the Reserves on Reserve service.

  3. Chapters 2 to 17 apply only in relation to members on continuous full-time service. This is unless an express intention to deal with another class of person is clear.

    Example 1: A member of the Reserves on Reserve service is not eligible for housing assistance under Chapter 7. There is no express intention in that Chapter to apply housing assistance to members other than those on continuous full-time service.

    Example 2: A member of the Reserves on Reserve service is eligible for the payment of costs for travel on Defence business. Section 9.5.14 states that this benefit applies to these members.

  4. The following classes of members are on continuous full-time service, for the purposes of this Determination.

    1. A member of the Permanent Forces.

    2. A member of the Reserves on continuous full-time service.

    Note: In the total workforce model, the following arrangements apply.

    1. A member of the Permanent Forces may be described as a member in Service category 6 or 7.

    2. Members in Service category 3, 4 or 5 and also on Service option C are members of the Reserves on continuous full-time service.

  5. A member of the Reserves on Reserve service is not on continuous full-time service.

  6. See: The descriptions of continuous full-time service and Reserve service in Part 3 Division 1.

    Note: In the total workforce model, members of the Reserves on Reserve service are described as members in Service category 3, 4 or 5 who are not on Service option C.

1.2.3 Other people this Determination may apply to

Some benefits in this Determination may be provided to the family members of a member.

Example: Some removal and housing benefits are provided for dependants under Chapters 6 and 7 after the death of a member, or under Chapter 8 for the breakdown of their marriage. The provisions make it clear that the dependants have these benefits.

1.2.4 Meaning of words and phrases

  1. Part 3 of this Chapter defines terms used in Chapters 1 to 17. The definition applies to each use of the term throughout the Chapters, unless it is made clear otherwise.

  2. To avoid doubt, definitions in Part 3 may apply in relation to a Reserve service member if necessary to determine their eligibility for a benefit.

  3. Note: If an allowance is not normally payable to a member on Reserve service, then the definitions cannot be used to create that eligibility.

    Example: An allowance is available to Reserve service members. The allowance rules use a term that is defined in Part 3. That definition applies to Reserve service members to assist in the interpretation of the allowance rules and assess a member's eligibility.

    Non-examples:

    1. Recreation leave only applies to members on continuous full-time service and uses terms defined in Part 3. This rule does not operate to make recreation leave apply to members on Reserve service.
    2. Housing assistance is based on a posting location that is a term defined in Part 3. The housing rules do not apply to Reserve service members. Members cannot use the posting location definition to create a housing benefit for themselves.

    See: Part 3, Definitions

    Note: In the total workforce model, a member on Reserve service may be described as a member in Service category 2, 3, 4 or 5. A member on Service option C is not a member on Reserve service.

1.2.5 Forms

  1. The Assistant Secretary People Policy and Employment Conditions may approve a form that is to be used by an applicant for a benefit under this Determination.

  2. To remove doubt, forms included in this Determination are approved forms for the purposes of subsection 1.

1.2.5A References to rules in other instruments

  1. This Determination may make reference to rules in other instruments. Subsection 2 applies to any of the following instruments.

    1. Acts of parliament.

    2. Provisions of legislative instruments covered by subsection 14(3) of the Legislation Act 2003.

    3. Determinations of the Defence Force Remuneration Tribunal made under section 58H of the Defence Act 1903.

    4. Note: Subsection 58B(1A) of the Defence Act 1903 provides that paragraph 14(1)(a) of the Legislation Act 2003 applies to these determinations. This means the provisions may be referenced as they were in force on a particular date or from time to time.

  2. Both the following apply to instruments listed in subsection 1.

    1. Where a date is specified, the reference is to the rules that were in force on that date.

    2. Where no date is specified, the reference is to the rules that are in force from time to time.

1.2.6 References to other legislation

  1. Reference may be made in Chapters 1 to 17 to other rules, including the following.

    1. An Act.

    2. A regulation made under an Act.

    3. A determination made under any of these provisions.

      1. Section 58B of the Defence Act 1903.

      2. Section 58H of the Defence Act 1903.

      3. Subsection 24 (1) of the Public Service Act 1999.

  2. Any such reference is to the Act, regulation or determination as in force from time to time. This is unless it is made clear otherwise.
  3. Note: A list of Legislative frameworks that apply can be found on the Legislative frameworks page.

1.2.7 Determinations – what they are and which ones apply

  1. Defence Determinations are delegated legislation made under the Defence Act 1903.

  2. Chapters 1 to 17 set out determinations that are relevant to ADF conditions of service. This table describes those determinations.

  3. Detreminations
    Determinations on... are made by the... under...
    ADF salary and salary-related allowances Defence Force Remuneration Tribunal (DFRT) section 58H of the Defence Act 1903.
    ADF conditions of service (within Australia and overseas) delegate of the Minister for Defence section 58B of the Defence Act 1903.
    APS overseas conditions of service delegate of the Secretary of the Department of Defence section H6 of the Defence Enterprise Agreement 2017-2020.

    Note: Determinations have the force of law. They must be complied with.

  4. The allowance compatibility matrix ( PDF | Excel ) shows how all ADF allowances relate to each other. It shows if the allowances are compatible or incompatible. The matrix takes into consideration the following criteria.

    1. Allowances made under Defence Determinations.

    2. Allowances made under DFRT Determinations.

    3. A member's categorisation.

    4. A member's contributions.

    Note: This matrix has been based on legislated policy rules and the Services' operational rules.

  5. The leave accrual compatibility matrix shows how different types of additional recreation leave accrues. The matrix takes into consideration the following criteria.

    1. Allowances made under Defence Determinations.

    2. Allowances made under DFRT Determinations.

    Note: This matrix has been based on legislated policy rules and the Services' operational rules.

1.2.8 DFRT determinations on salary and allowances

Several principal DFRT determinations deal with ADF pay and allowances in the nature of pay. They are published in Chapter 3 Part 1 and Chapter 4 Parts 2 and 3, as follows.

  1. In Chapter 3 Part 1, Entitlement and calculation of salaries: DFRT Determination No. 2 of 2017, Salaries, as amended to date.

  2. In Chapter 4 Part 2, ADF allowances: DFRT Determination No. 11 of 2013, ADF allowances, as amended to date.

  3. In Chapter 4 Part 3, Qualification and occupation-based allowances: several DFRT determinations dealing with various allowances, as amended to date.

1.2.9 Defence Determination 2016/19, Conditions of service

Defence Determination 2016/19, Conditions of service, is the main Determination referred to in Chapters 1 to 17. This is unless another authority for conditions is expressly referred to.

1.2.10 DFRT determinations take precedence over Defence Determination 2016/19

  1. The DFRT determinations published in Chapters 3 and 4 are clearly labelled. They are legally separate from Defence Determination 2016/19, as published in the remainder of Chapters 1 to 17. If Defence Determination 2016/19 is inconsistent with them, the DFRT determinations take precedence over it.

  2. WARNING: Each DFRT determination in Chapters 3 and 4 is legally self-contained. It has its own definitions, date of effect and rules about which members it applies to. It must be read on its own. The definitions in Chapter 1 Part 3 may not apply. These definitions only apply to Defence Determination 2016/19 and related guidance, as published in the remainder of Chapters 1 to 17.

  3. Section notes for the individual DFRT determinations can be found at the end of the text of each DFRT determination.

1.2.11 Overseas conditions of service

  1. All provisions for overseas service are set out in Chapters 12 to 17.

  2. The APS overseas conditions of service are generally the same as the ADF overseas conditions of service.

  3. The ADF provisions may be different from the APS provisions in some areas. This is because some working and living conditions are different.

  4. See: Chapter 12, Overseas conditions of service – overview

  5. The Defence Enterprise Agreement 2017-2020 is the usual legal authority for APS overseas conditions in the Department of Defence. Section H6 of the Defence Enterprise Agreement 2017-2020 authorises the Secretary to determine additional conditions for overseas service. Under this power, the delegate of the Secretary has determined that APS overseas conditions will be substantially the same as set out in the Overseas Conditions of Service Volume, with some modifications. These modifications are clearly labelled in the Overseas Conditions of Service Volume.

  6. In rare cases, APS overseas conditions may be authorised by a determination made under subsection 24 (1) of the Public Service Act 1999.

1.2.12 Administrative processes and forms

  1. Where possible, copies of forms have been made available on the internet site. However, some forms may only be available on the DEFWEB through Webforms.

  2. Accessing the forms through Webforms will ensure that the latest version of the form is used.

  3. If a form cannot be accessed, users are to contact the Defence Service Centre on 1800 333 362 or through dsc@defence.gov.au.

  4. Some forms have electronic signatures available. If an electronic signature is not possible, a signed printed copy of the form is to be used.

  5. Forms are to be sent to the address provided on the form for processing.

Application to Reservists: Yes.



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