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Division 2A: Reserve capability payment

3.5.14A Purpose

The purpose of this Division is to provide a payment to selected members of the Reserves as an incentive to perform certain duties over a specified period. Selected members are used to fill gaps in capability that could not ordinarily be filled by a member of the Reserves.

3.5.14B ...

3.5.14C Member eligible for Reserve capability payment

A member of the Reserves not performing continuous full time service who has been selected to fill gaps in capability that could not ordinarily be filled by a member of the Reserves or the Permanent Force.

3.5.14D Offer of a Reserve capability payment

  1. The CDF may offer a member of the Reserves a payment under this section if satisfied that all of the following apply.

    1. A negative impact on service capability has been identified.

    2. The identified capability gap is unlikely to recover within three years without the use of the Reserve capability payment.

    3. The capability gap cannot be met by any of the following.

      1. Members of the Permanent Forces.

      2. Members of the Reserves on continuous full-time service.

      3. Members of the Reserves on Reserve service without an offer of a Reserve capability payment.

    4. The member meets all of the conditions required for the duty to be performed in connection with the capability gap.

    5. The member is able to complete the period of duty required within their period of service.

    6. Note: Permission to serve beyond the member's period of service needs to be granted before an offer of period of duty for Reserve capability payment is made.

  2. The offer must specify all of the following.

    1. The period of duty, including the pattern of days and hours the member must serve.

    2. Note: The period of duty includes any period the member is taken to be attending for duty under section 3.2.13, provided the duty is for the purposes of the offer.

    3. The amount, number and timing of payments.

    4. The duty to be performed.

    5. Any additional conditions that must be met before the member becomes eligible for payment.

  3. Reserve service that is not in connection with the capability gap does not count as service towards completion of the period of duty under paragraph 2.a.

  4. The period of duty under paragraph 2.a is limited by the both of the following.

    1. The period can be for no more than three years in total.

    2. The period must not overlap with the period of an earlier accepted offer.

  5. The amount of payments under paragraph 2.b is limited by the both of the following.

    1. The total payment must not exceed $100,000.

    2. The member is not to be paid more than $50,000 for any 12 month period.

Persons who can make the decision under subsection 3.5.14D.1 on behalf of the CDF:
For decisions relating to members ranked Colonel or lower:
Director General Navy People
Director Navy People Career Management Agency
Director General Personnel – Air Force
Director Personnel – Air Force

3.5.14E Acceptance of an offer

The following conditions apply to accepting an offer made under section 3.5.14D.

  1. The member must accept the offer in writing.

  2. The offer must be accepted before the later of the following.

    1. Twenty-eight days after the day the offer is made.

    2. If the member was deployed when the offer was madeā€”the day twenty-eight days after the day the member returns to Australia after deployment.

    3. A later day that the CDF determines is reasonable having regard to the member's circumstance.

Persons who can make the decision under paragraph 3.5.14E.1.c on behalf of the CDF:
For decisions relating to members ranked Colonel or lower:
Director General Navy People
Director Navy People Career Management Agency
Director General Army People Capability
Director General Personnel – Air Force
Director Personnel – Air Force

3.5.14F Cessation of the Reserve capability payment

  1. The CDF may end the arrangement under which the Reserve capability payment is being made at any time.

  2. Persons who can make the decision under subsection 3.5.14F.1 on behalf of the CDF:
    For decisions relating to members ranked Colonel or lower:
    Director General Navy People
    Director Navy People Career Management Agency
    Director General Army People Capability
    Director General Personnel – Air Force
    Director Personnel – Air Force

  3. If subsection 1 applies, payment to the member or repayment by the member is provided in the following table.

Reserve capability payment
Item If the CDF ended the Reserve capability arrangement... the member must repay... and if there is an outstanding amount to be paid...
1. for under-performance or disciplinary reasons, all payments received the member is not eligible to be paid any of that amount.
2. for reasons the CDF is satisfied the member could have avoided,
Example: Member went on an overseas holiday.
3. for reasons the CDF is satisfied the member could not have avoided,
Example: The member's partner dies.
an amount decided by the CDF up to the amount paid to the member an amount decided by the CDF.

Persons who can make the decisions under subsection 3.5.14F.2, table items 2 and 3, on behalf of the CDF:
For decisions relating to members ranked Colonel or lower:
Director General Navy People
Director General Army People Capability
Director General Personnel – Air Force
Director Personnel – Air Force

Application to Reservists: Yes, in certain circumstances.




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