Pay and Conditions

1.1.4 Overview

1. The ADF Pay and Conditions Manual authorises pay and conditions of service for all ADF members. This is both within Australia and overseas.

2. The Manual gives administrators and ADF members access to the determinations, authorisations and policy guidance that set their pay and conditions of service.

1. Determinations are delegated legislation made under the Defence Act 1903. They are the legislated authority for member's pay and conditions of service and are to be followed.

See: Part 2 for more information on determinations now in force.

2. Authorisations identify who has the authority to exercise the CDF's or Secretary's powers on benefits and allowances.

See: Resources for more information and lists of persons authorised.

3. Policy guidance includes sections and Annexes that are showing in orange text in a grey box. In Chapters 3 and 4, guidance paragraphs referring to DFRT determinations have a number starting with a capital 'G'. Policy guidance is to be observed, but is not part of the legal text of the determinations in the Manual. It is used to help make the legal meaning clear, to cover administrative issues, or to describe conditions of service that members get through other laws.

1.1.5 Authorisations

1. The CDF authorises persons to exercise, from time-to-time, many decision-making powers for conditions of service in Australia on the CDF's behalf.

2. The Secretary has authorised persons to exercise powers for APS overseas conditions of service on the Secretary's behalf.

3. Boxes identifying authorised persons are placed close to the relevant provisions and are shown as black text in a grey box.

4. A full list of the CDF and Secretary authorisations is in Resources.

5. A person who has been approved by the CDF or Secretary to exercise any decision-making powers cannot delegate these powers to another person. Any decisions made by a person who has not been authorised by the CDF, Secretary or who is not an approving authority under section 1.1.6 is legally ineffective.

6. Guidance for authorised persons in exercising the CDF's and Secretary's powers can be found in the Decision-maker's Handbook for Personnel-related Decisions.

1.1.6 Other approving authorities

1. If there is no formal authority to make a decision, it may be made by the member's Commanding Officer or supervisor not below Major or APS 6, or by a senior official in a specialist area. The person making the decision must be in the member's direct chain of command or supervision, or in a specialist area that normally makes decisions of that kind.

2. Decisions described in this section are usually about establishing facts relevant to whether a member meets all the conditions for an entitlement or benefit. They are unlikely to involve the use of judgement about the entitlement or benefit.

3. The person described in subsection 1 is commonly known as the approving authority for the decision. They may take advice or recommendations about the decision from any source they regard as appropriate.

1.1.7 Changes in policy on conditions of service

1. Chapters 1 to 17 authorise the pay and conditions policies currently in force. Policies are subject to review and amendment over time.

2. Issues relating to changes in policy should continue to be referred through existing administrative channels. Policy consideration involves appropriate consultative processes that may culminate with Ministers or the Defence Committee, which includes the CDF, VCDF and the Service Chiefs.

3. Proposals relating to pay and pay-related allowances are considered for submission to the DFRT.

4. Delegates of the Minister for Defence have the power to determine new or varied conditions of service, which result from approved policy initiatives.

See: Minister's Instrument of Delegation

1.1.8 Examples and non-examples

1. Many sections contain examples and non-examples. They are there to help the reader understand the rule in the section. Examples and non-examples are for administrative use and are not legal rules.

2. Examples show a possible way the rule may be applied. Examples will not show all the situations that meet the rule. Other situations may be approved if they also meet the rule.

3. Non-examples show situations that do not meet the rule. Other situations that do not meet the rule should also not be approved, even if they are not listed as a non-example.

1.1.9 Policy questions

1. For complex policy questions it is advised that administrators talk to the following.

1. Their supervisor.

2. The Defence Service Centre on 1800 333 362 or by email at YourCustomer.Service@defence.gov.au.

3. The HR business partner.

4. The relevant Service Personnel area.

2. If the above contacts are not able to provide an answer, then the administrators can send an detailed email to ADF.PeoplePolicy@defence.gov.au for policy advice.

Note: The policy teams can only provide advice regarding the policies contained in the Manual. They are not authorised decision-maker's and are not able to make the decision for you.

1.1.10 Feedback

Suggestions and recommendations to improve the Manual are welcome. Users can give their feedback by emailing PACMAN@defence.gov.au.

Note: The person should identify the Chapter, Part and section number in question and outline their suggestion for improvement.