The purpose of this Division is to provide the payment of a special benefit to certain members of the Permanent Forces who are compulsorily transferred to the Reserves under section 16 of the Defence Regulation.
Note: In the total workforce model, a member of the Permanent Forces may be described as a member in Service category 6 or 7.
For the purpose of this Division, Defence Regulation means the Defence Regulation, as in force from time to time.
A member is eligible for the special benefit under section 2.3.23 if either of the following apply.
Subject to subsections 2 and 3, the member is compulsorily transferred to the Reserves for workforce planning reasons.
Both of the following apply.
The member is compulsorily transferred to the Reserves for reasons other than workforce planning.
The CDF is satisfied that payment of the special benefit is reasonable in the circumstances.
Persons who can make the decision under subparagraph on behalf of the CDF:
Vice Chief of the Defence Force
Chief of Navy
Chief of Army
Chief of Air Force
To be eligible for the special benefit, the member must satisfy all of the following.
They have completed at least two years’ service at their current rank.
They have at least 12 months of service remaining before the day on which their period of service is expected to end.
They are transferred to the Reserves within 30 days of the receiving the decision to transfer them to the Reserves.
A member is not eligible for the special benefit if either of the following apply.
The member is subject to any of the following.
An investigation for unacceptable behaviour.
A notice to show cause for an administrative sanction.
A notice of a positive test result under section 100 of the Act.
An administrative sanction was imposed on the member within the previous 12 months.
For the purpose of paragraph 2.b, the day the member’s period of service is expected to end is the earlier of the following days.
The day the member reaches retirement age.
The last day of the member’s fixed period of service.
An eligible member may be paid the lesser of the following.
The sum described in items 1 and 2 of the following table less the amounts described in item 3.
|1.||ADF service, including earlier periods of ADF service.||The sum of the following amounts.
a. A fortnight's salary for each completed year of continuous full-time service in the ADF.
b. A pro rata payment for each part year of continuous full-time service completed in the ADF.
|2.||Prior non-ADF service recognised for long service leave.
See: Chapter 5 Part 5, Long service leave, for a definition of this service.
|The sum of the following amounts.
a. A fortnight's salary for each completed year of prior service that is recognised for long service leave.
b. A pro rata payment for each part year of prior service completed that is recognised for long service leave.
|3.||Prior payments for redundancy or retirement.||Any payments made by the Commonwealth or any employer of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.|
48 weeks salary.
In this section, salary includes Service allowance as provided under Defence Force Remuneration Tribunal Determination No. 11 of 2013, as in force from time to time.
See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.2, published at Chapter 4 Part 2 Part B Division B.2, Service allowance.
The member must repay to the Commonwealth any amount paid under this Division, if they begin a period of continuous full-time service (as a member of the Reserves or Permanent Forces) within one year of receiving a payment under this Division.
Application to Reservists: Yes, in certain circumstances.
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