This Chapter sets out conditions of service for members living and working on a long-term posting overseas. It covers the period from when a member has settled in and is living in permanent accommodation at the posting, until the end of the posting period.
This Chapter applies to a member (including a member on Reserve service) who is on a long-term posting overseas.
Note: In the total workforce model, this includes a member in Service categories 3, 4, 5 and 7. It also includes employees in Service category 1 through the operation of section H10 of the Defence Enterprise Collective Agreement 2012-2014. A member in Service category 6 is unlikely to perform duty overseas.
Despite subsection 1, a member who meets both the following conditions may be granted the conditions listed in subsection 3.
The member has been granted a period of part-time leave without pay.
The member is performing duty overseas.
Note: This means that for a member who meets the requirements of subsection 2, any prerequisites of posting overseas are taken not to apply.
The following parts of this Chapter apply to a member who meets the conditions in subsection 2.
Related Information: See Chapter 5 Part 10 Division 3 section 5.10.23, Other conditions of service that apply, for the conditions applying to members performing part-time leave without pay overseas
|1.||Public holidays||Section 15.1.4|
|2.||Travel for short-term duty while on long- term posting||Part 3 Division 1|
|3.||Vehicle allowances||Part 3 Division 4|
|4.||Assistance if member dies||Part 9 section 15.9.3|
|5.||Assistance if dependant dies||Part 9 section 15.9.3A|
This Chapter does not apply to a member if either of these conditions applies.
They are not entitled to salary.
They are on a scholarship, bursary or endowment for studying overseas from an organisation other than the Commonwealth.
Example: Rhodes Scholarship.
A maximum of 13 public holidays can be observed in any calendar year at any posting location.
The Director Military Conditions and Housing Policy may direct which days members are to observe as part of the 13 days. The Director Military Conditions and Housing Policy must consider both these criteria.
The public holidays generally observed at the posting location.
The efficient operation of the ADF at the posting location.
Exception: If a posting location has no listing of holidays directed to be observed by the Director Military Conditions and Housing Policy, then the Canberra public holiday schedule applies.
Members are to observe public holidays on the following basis.
If they are on duty, they observe a public holiday at the location where they are actually performing duty. However, that public holiday is not counted as one of the 13 days.
Example: A member on long-term posting in London travels to Paris on short-term duty from 12-16 July. The member observes Bastille Day in Paris on 14 July.
If they are on leave, they observe the public holidays as directed by the Director Military Conditions and Housing Policy for their posting location.
Example: A member on long-term posting in Washington DC takes leave at the end of their posting and travels back to Australia by an indirect route. While the member is in transit, they are still subject to the public holidays observed in Washington DC. If that posting ends while they are still on leave, they become subject to the public holidays observed at their new posting location.
A member may apply to the Director Military Conditions and Housing Policy to substitute a different day for a public holiday they would otherwise observe. The Director Military Conditions and Housing Policy must consider both these criteria.
Any Service requirement that the member remain on duty that day.
If the substitute day is of cultural or religious significance to the member.
Example 1: A member is directed to work on a public holiday observed at their posting location. The member may apply to take a different day off instead.
Example 2: A member on long-term posting in Jakarta is required to travel on short-term duty to Australia for a month. As a result, the member misses a public holiday in Jakarta. On the basis that short-term duty may lead to the gain or loss of a public holiday, the member is not granted any time off instead.
See: Annex 15.1.A, Overseas public holidays
Members are not required to attend for duty on the following days.
|Item||For the Christmas stand-down of...||the stand-down dates are...|
|1.||2018-2019||24 December 2018.|
|27 December 2018.|
|28 December 2018.|
|31 December 2018.|
|2.||2019-2020||24 December 2019.|
|27 December 2019.|
|30 December 2019.|
|31 December 2019.|
A Commanding Officer may determine that the member must perform duty on a day listed in subsection 1. The Commanding Officer should consider if there are pressing operational, preparatory or safety needs that prevent the member from being absent.
Absences are treated as short absence when not required for duty.
Example: A member is not required to attend for duty on 30 and 31 December 2009. The CDF has directed under subsection 184.108.40.206 that 1 January 2010 is not to be observed as a public holiday at that post. The member must work on 1 January 2010, or be granted another type of leave.
See: Chapter 5 Part 11 Division 3, Short absence when not required for duty
This section applies to a member who is on long-term posting to a position on Manhattan Island, USA.
For the purposes of applying a post index and benchmark school, the member's posting location is as follows.
|Item||If the CDF...||then the member's posting location is...|
|1.||directs the member to live on Manhattan Island||Manhattan.|
|2.||does not direct the member to live on Manhattan Island||New York State, excluding Manhattan.|
Persons who can make the decision under section 15.1.6 on behalf of the Secretary/CDF:
A person not below MAJGEN(E)/SES Band 2 who is a Group Head.
A member on long-term duty overseas who is seriously or very seriously ill, may be eligible for support under the Australians dangerously ill scheme under Chapter 17 Part 4.
See: Chapter 17 Part 4, Australians dangerously ill scheme – overseas
Application to Reservists: Yes, on continuous full-time service.