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Part 3 : Definitions for Chapters 12 to 17

12.3.1 Purpose of these definitions

The definitions in this Part apply to Chapters 12 to 17.

12.3.2 Accompanied member

  1. An accompanied member means a member who has a spouse or partner who meets all the following conditions.

    1. The spouse or partner meets the requirements under subsection 12.3.5.3 to be paid benefits under Chapters 12, 14, 15 and 16.

      Examples:

      1. A spouse who lives with the member at the posting location for 12 months.

      2. A partner who lives at the posting location for more than six months, and the CDF has approved the period under subsection 12.3.5.4.

      See: Section 12.3.5, Dependant

    2. The spouse or partner lives with the member at the posting location.

    3. The spouse or partner is not away from the posting location for a continuous period of more than four weeks.

      Exception: Paragraph c does not apply if accompanying the member on recreation leave that the member accrued at the posting location.

  2. A spouse or partner may accompany a member at private expense. In these cases, the member is regarded as unaccompanied.

12.3.3 Allowable travel cost

  1. Allowable travel cost means the minimum cost of air travel between two locations. These conditions apply.

    1. Travel is by an airline with seats available.

    2. The airline offers a standard of safety and security comparable to air travel within Australia.

    3. Stopovers are avoided where possible.

    4. Concessions and discounts are used where possible. This includes discounts for advance purchase.

  2. The CDF may approve travel at a class higher than economy class. The benefit is the cost of the higher standard of travel, considered reasonable in the circumstances.

    Example: The CDF might authorise a higher class of travel for a young child travelling alone to certain locations, on the ground that economy class does not provide suitable security.

  3. For subsection 2, the CDF must consider all these criteria.

    1. The standards of safety, security, amenity and hygiene at both ground facilities and on board the aircraft.

    2. The time of year when the travel is undertaken.

    3. The duration of the travel.

    4. The extent to which the person may, in the course of travel, be subjected to discrimination within the meaning of the Australian Human Rights Commission Act 1986.

    5. Any other factor relevant to the person's travel.

  4. The allowable travel cost also includes these costs, if applicable.

    1. Compulsory insurance costs the member paid to secure a discounted fare.

    2. Rebooking or cancellation fees, because travel was not possible on the scheduled date, for Service reasons.

    Related information: Department of Finance and Deregulation, Resource Management Guidance RMG-405, Official International Travel – Approval and use of the Best Fare of the Day.

Persons who can make the decision under subsection 12.3.3.2 on behalf of the Secrtary/CDF:
A person working in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts and is not below WO2(E)/APS 5
Integrated Travel Solutions Director

12.3.4 Data service provider

Data service provider means the company contracted by the Department of Defence to provide data about living costs and conditions at overseas posting locations.

12.3.5 Dependant

  1. For overseas conditions of service, a dependant means any of these persons.

    1. A spouse or partner who normally lives with the member.

    2. A child of the member, or of the member's spouse or partner. The child must meet all these conditions.

      1. The child must be less than 18 years old.

      2. The child must be dependent on the member.

      3. The child must normally live with the member.

    3. A person recognised as a dependant with special needs under this Determination, regardless of age.

      See: Chapter 1 Part 3 Division 2 section 1.3.84, Dependant with special needs

  2. The CDF may approve another person as a member's dependant. The following conditions apply.

    1. The person must be a relative of the member or of the member's spouse or partner.

    2. The CDF must specify the period the person is the dependant of the member and for what conditions of service benefits.

    3. The CDF must consider all of the following criteria before giving approval.

      1. The extent of the person's dependency on the member.

      2. Whether the person's normal place of residence is the member's normal place of residence.

      3. The length and timing of the member's posting period.

      4. The period during which the person intends to live with the member at the posting location.

      5. If the person intends to leave the posting location, their reason for that.

      6. The expected effect on the person, if the member could make alternative arrangements for the person's care and maintenance.

      7. Any other special circumstance bearing on the member's relationship to the person.

  3. Persons who can make the decision under subsection 12.3.5.2 on behalf of the Secretary/CDF:
    A person working in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts and is not below WO2(E)/APS 5

  4. Benefits under Chapters 12, 14, 15 and 16 are provided for dependants. These conditions apply.

    1. The member must be on a long-term posting.

    2. The dependant must meet one of these conditions.

      1. The dependant lives, or intends to live, with the member at the posting location for at least 12 months.

      2. The dependant is eligible for education assistance under Chapter 15 Part 6.

        See: Chapter 15 Part 6, Education costs for children

  5. For subparagraph 3.b.i, the CDF may approve a period of longer than six months but less than 12 months. The CDF must consider all these criteria.

    1. The nature of the posting.

    2. The length of the posting period.

    3. The likely cost and benefit to the Commonwealth of providing benefits for the dependant.

      Example: Advice from the financial manager in the member's Group about the cost impact on the Group's budget of fares, removals, storage, health care.

    4. The family circumstances of the member.

    5. Any other factor relevant to the posting.

  6. Persons who can make the decision under subsection 12.3.5.4 on behalf of the CDF:
    Director General of Navy People
    Director General Personnel – Army
    Director Personnel Policy – Army
    Staff Officer Grade 1 – Personnel Policy – Army
    Director General Personnel – Air Force
    Director Australian Signals Directorate
    Director Defence Intelligence Organisation
    Director Australian Geospatial – Intelligence Organisation
    Chief Security Officer Defence Security Authority

     

    Persons who can make the decision under subsection 12.3.5.4 on behalf of the Secretary:
    The BRIG(E)/SES Band 1 in the employee’s direct line of supervision
    Director Defence Signals Directorate
    Director Defence Intelligence Organisation
    Director Australian Geospatial-Intelligence Organisation
    Chief Security Officer Defence Security Authority

12.3.6 Deployment

Deployment means warlike or non-warlike service overseas by members assigned for duty with a UN mission or a similar force.

12.3.7 Head of Post

Head of Post means the Australian Ambassador or High Commissioner responsible for the member's posting location.

12.3.8 Location in Australia where member normally lives

A location in Australia where a member normally lives is where the CDF considers reasonable in the circumstances. This is if he member does not normally live at a particular location in Australia.

Example: A member has had five postings in the last 10 years, in various locations around Australia. The CDF may decide that it is reasonable to regard the member as normally living in the location where the member was recruited, or where their next of kin live.

Persons who can make the decision under section 12.3.8 on behalf of the CDF:
A person working in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts and is not below WO2(E)/APS 5

12.3.9 Long-term posting overseas

  1. A long-term posting overseas is one of these periods.

    1. A continuous period of duty in an overseas country, for longer than six months.

    2. A continuous period of duty in a series of overseas countries, for longer than six months in total. The CDF may approve these periods of duty as a long-term posting. The CDF must consider all these criteria.

      1. The accommodation and living arrangements likely to be adopted by the member during the period of duty.

      2. The period the member is to spend in each country.

      3. Any other factor relevant to the period of duty.

    3. A period of short-term duty that the CDF extends beyond six months. The long-term posting starts on the date of approval of the extension.

  2. This subsection applies to a member who has spent time at a location while assigned to a deployment, and then does further duty there after the end of their deployment. The further duty is a long-term posting if the total period is longer than six months. The long-term posting starts on the date of approval of the further duty.

Persons who can make the decisions under paragraph 12.3.9.1.b and paragraph 12.3.9.1.c on behalf of the CDF:
Director General Navy People
Head Navy People and Resources
Director General Personnel – Army
Director General Personnel – Air Force

 

Persons who can make the decisions under paragraph 12.3.9.1.b and paragraph 12.3.9.1.c on behalf of the Secretary:
A person working in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts and is not below WO2(E)/APS 5.

12.3.9A Member posted before 1 July 2017

  1. Means a member for whom any of the following conditions apply.

    1. The member commenced a long-term posting overseas before 1 July 2017 and continued that posting on or after 1 July 2017.

    2. There is evidence that the member's Service made a decision before 1 July 2017 to post the member on a long-term posting overseas.

    3. Examples: A posting order, warning order, List of Officers Postings, List of Sailors Postings, demi-official letter, posting schedule.

    4. The member began a training course before 1 July 2017 to specifically meet the requirements of a long-term posting overseas.

    5. The member applied in writing for an expression of interest for a long-term posting overseas, issued before 1 July 2017.

  2. Despite subsection 1, Assistant Secretary People Policy and Employment Conditions may decide that a member is a member posted before 1 July 2017.

  3. Note: This section does not apply to any members on a long-term posting overseas on or after 1 July 2020.

    See: Section 12.3.9B, Member posted on or after 1 July 2017

12.3.9B Member posted on or after 1 July 2017

Means one of the following.

  1. For the period of 1 July 2017 to 30 June 2020 — a member who is not a member posted before 1 July 2017.

  2. For the period beginning on 1 July 2020 — all members on a long-term posting overseas.

12.3.10 Non-warlike service

Non-warlike service means both these kinds of service for the purposes of the Veterans' Entitlements Act 1986.

  1. Service with a Peacekeeping Force for the purposes of Part IV.

  2. Hazardous service for the purposes of section 120.

12.3.11 Operational area

Operational area means the specified area for the deployment in the table in section 17.7.6.

See: Chapter 17 Part 7 Division 1 section 17.7.6, Rate of allowance

12.3.12 Ordinary period of posting

The ordinary posting period is three years.

Exception: A shorter period may be specified for the posting location in column 2 of Part 1 of Annex 16.A.

See: Chapter 16 Annex 16.A, Hardship post conditions of service

12.3.13 Overseas post

An overseas post means any office or other establishment of the Commonwealth where a member is required by the Commonwealth to serve overseas, for any purpose. This includes a mission, appointment, station or place in a country overseas.

12.3.14 Parent

A parent includes a guardian or other person who is responsible for the day-to-day care of a child.

12.3.14A Post index

  1. Subject to subsection 2, the post index for a post index location is the standard figure provided to Defence by a data service provider for a location specified in Annex 12.3.B column 2, that corresponds with the post index location specified in column 1. The figure is modified by exchange rate variance from time to time.

  2. If either of the following circumstances apply, the post index for the posting location is 100.

    1. If the figure provided by the data service provider for the post index location is less than 100.

    2. The post index location is not listed in Annex 12.3.B column 1.

  3. The post index location listed in Annex 12.3.B column 1 for a member's posting location is determined according to the following.

  4. Note: for the purpose of this subsection:
    City means the dity and any part of the city (unless otherwise specified).
    State means a state, county, region, provence or territory.

    1. If the posting location is Manhattan — the post index location is Manhattan.

    2. If the posting location is a city listed in Annex 12.3.B column 1 — the post index location is the city.

    3. If the posting location is a city that is not listed in Annex 12.3.B column 1 or an establishment and the state where the city or establishment is located is listed — the post index location is the state.

    4. If the posting location is a city or establishment and the state where the city or establishment is located is not listed in Annex 12.3.B column 1 — the post index location is the country where it is located.

    5. If paragraphs a, b, c or d do not apply — the post index location is not listed.

    6. See: Subsection 2

    See: Annex 12.3.B, Post index locations

    Note: The post index rates will be updated fortnightly and can be found on the Defence Restricted Network at https://objective/id:AB32269086.

12.3.15 Posting location

For overseas service, a posting location means the location overseas where the member is on a long-term posting.

12.3.16 Posting period overseas

A posting period overseas means the period between the days described in these two paragraphs.

  1. The posting period begins on the day the member starts duty at the posting location after any rest period.

    Exception: A member may arrive at the posting location on a day observed locally as a weekend or public holiday. If they start duty on the next working day, the posting period begins the day the member arrives at the posting location.

  2. The posting period ends on the day the member leaves their settling-out accommodation at the posting location.

    Exception: A member may depart from the posting location on a day observed locally as a weekend or public holiday. If the member finished duty on the preceding working day, the posting period ends on the day the member departs from the posting location.

12.3.16A Secretary – APS only

Secretary has the same meaning as in section 7 of the Public Service Act 1999.

12.3.17 Senior ADF representative

Senior ADF representative means the most senior Defence Force member at a posting location. This member has administrative authority for members serving at that location.

12.3.17A Senior Executive Service employee – APS only

Senior Executive Service employee has the same meaning as in section 34 of the Public Service Act 1999.

12.3.18 Short-term duty overseas

Short-term duty overseas means a temporary absence to go to an overseas location, away from the normal place of duty. The absence is authorised by the Commonwealth for the purpose of performing duty overseas, either from Australia or from a posting location overseas. The period of absence is expected to be no longer than six months.

12.3.19 Time zone hour

A time zone hour is a change of one time zone during air travel. It is measured using Coordinated Universal Time (old Greenwich Mean Time). Summer time and daylight saving time are disregarded for the purposes of this definition.

See:
Chapter 13 Part 2 Division 2 section 13.2.10, Definitions – time zone hour
Chapter 14 Part 4 Division 3 section 14.4.13, Definitions – time zone hour
Annex 12.3.A, International time zones

12.3.20 Unaccompanied member

An unaccompanied member means a member who is not an accompanied member. This can happen for one of these reasons.

  1. The member does not have dependants.

  2. The member informs the Overseas Administration Team in writing that they will be unaccompanied at the post.

  3. The member is required to be unaccompanied at the post for one of these reasons.

    1. Hardship.

    2. Safety.

    3. The long-term posting is too short to justify a removal.

  4. The member ceases to be an accompanied member while at the post.

Application to Reservists: Yes.



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