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Division B.12: Special Forces disability allowance

From DFRT Determination No. 11 of 2013

B.12.1 Purpose

Special Forces disability allowance compensates members for the disabilities associated with service within the Special Forces environment. This work environment is typically extreme and represents the highest degree of endeavour, endurance and military capability asked of ADF members.

B.12.2 Definitions

This table defines terms used in this Division.

Definitions
Term Definition
designated special duty Means performance of duty in a CDF approved activity that involves threat level and hazards which are not recognised in any other allowance provided under Part IIIA of the Defence Act 1903, as in force from time to time, which would otherwise be payable to the member for that period.
designated Special Forces position Means any position that is designated by the CDF as a Special Forces position.
Special Forces instructor position Means a position that is responsible for Special Forces training at a training establishment in Special Operations Command.
Special Forces position Means a position in Special Operations Command that is restricted to a member who is a commando, Special Air Service, or Tactical Assault Group clearance diver.
Special Forces support position Means a position in Special Operations Command that is not a Special Forces position or a Special Forces instructor position.
Special Forces Regiments

Means any of the following.
a. Special Air Service Regiment
b. 1 Commando Regiment
c. 2 Commando Regiment

Special Forces support tier 1A

Means a level of liability with both of the following features.
a. It excludes a continuous notice to move and recall requirement for domestic or international operations.
b. It is mainly made up of the tasks and responsibilities that are normal for the member's employment category.

Special Forces support tier 1B

Means a level of liability that places all the following obligations on the member.
a. Notice to move or recall requirement for domestic or international operations at short notice.
b. Access to classified and sensitive information.
c. Restrictions on travel.

Special Forces support tier 1C

Means a level of liability that places all the following obligations on the member.
a. Notice to move or recall for domestic or international operations at short notice, in common with the supported force elements.
b. Requirement to deploy or relocate at short notice to set up and maintain a staging area or deployed base area.
c. Requirement to support the force element either in a barracks environment or a forward operating base.
d. Access to classified and sensitive information.
e. Restrictions on travel.
f. Additional specific Special Forces training and operational responsibilities.

Special Forces support tier 2

Means a level of liability that places all the following obligations on the member.
a. Provision of category specific support.
b. Conduct tasks that routinely require integration with a force element for the conduct of Special Forces operations within a hostile or high risk environment.
c. Conditions on deployment may include isolated or hostile operating environments with limited access to support.

Special Forces support tier 3 Means a level of liability that includes the requirement to support specific sensitive activities in Special Operations Command.
Special Operations Command Means the ADF formation that exercises direct command over the assigned Special Forces units.

Persons who can make the decision under section B.12.2, definition of designated special duty , on behalf of the CDF:
For decisions about activities of Special Operations Command:
Special Operations Commander Australia

Persons who can make the decision under section B.12.2, definition of designated Special Forces position , on behalf of the CDF:
Special Operations Commander Australia
Deputy Special Operations Commander Australia
Chief of Staff Special Operations Command
Commander Special Forces

B.12.3 Member this allowance applies to

Special Forces disability allowance may apply to a member who renders service with either the Permanent Forces or Reserves.

B.12.4 Member this allowance does not apply to

Special Forces disability allowance does not apply to a member for whom both of the following conditions are met.

  1. The member performs the duties of a Special Forces support position.

  2. CDF decides those duties have a Special Forces support tier 1A level of liability.

Note: This is an express exclusion to save some classes of members from having to read further to check their eligibility. It does not describe all the members who are ineligible for the allowance.

Persons who can make the decision under paragraph B.12.4.b on behalf of the CDF:
Special Operations Commander Australia
Deputy Special Operations Commander Australia
Chief of Staff Special Operations Command
Commander Special Forces
Commanding Officer Special Air Service Regiment
Commanding Officer 1st Commando Regiment
Commanding Officer 2nd Commando Regiment
Commanding Officer Special Operations Engineer Regiment
Commandant Special Forces Training Centre
Commanding Officer Parachute Training School
Staff Officer Grade One Coordination Special Operations Headquarters
Officer Commanding Special Operations Logistic Squadron

B.12.5 Conditions for eligibility — members on continuous full-time service

  1. The conditions for eligibility set out in this section may apply only to a member who is serving a period of continuous full-time service.

  2. A member who meets one condition from each of paragraph a. and paragraph b. is eligible for Special Forces disability allowance.

    1. The member holds a current qualification for any of the following.

      1. Commando.

      2. Special Air Service.

      3. Tactical Assault Group clearance diver.

    2. The member is posted to or performing CDF approved temporary duty in any of the following positions.

      1. A designated Special Forces position.

      2. A Special Forces position in a Special Forces Regiment.

      3. A position with a foreign defence force which CDF is satisfied involves similar duties to a Special Forces position.

      4. A Special Forces instructor position.

      5. A position with a foreign defence force which CDF is satisfied involves similar duties to a Special Forces instructor position.

    Persons who can make the decision under paragraph B.12.5.2.b on behalf of the CDF:
    Special Operations Commander Australia
    Deputy Special Operations Commander Australia
    Chief of Staff Special Operations Command
    Commander Special Forces
    Commanding Officer Special Air Service Regiment
    Commanding Officer 1st Commando Regiment
    Commanding Officer 2nd Commando Regiment
    Commanding Officer Special Operations Engineer Regiment
    Commandant Special Forces Training Centre
    Commanding Officer Parachute Training School

    Persons who can make the decisions under subparagraph B.12.5.2.b.iii and subparagraph B.12.5.2.b.v on behalf of the CDF:
    Special Operations Commander Australia
    Deputy Special Operations Commander Australia
    Chief of Staff Special Operations Command
    Commander Special Forces

  3. A member who meets both of the following conditions is eligible for Special Forces disability allowance.

    1. CDF is satisfied that the member has successfully completed Special Forces selection training.

    2. The member is undertaking training towards a qualification for any of the following.

      1. Commando.

      2. Special Air Service.

      3. Tactical Assault Group clearance diver.

      4. Combat Controller.

      5. Combat Control Officer.

    Persons who can make the decision under paragraph B.12.5.3.a on behalf of the CDF:
    Special Operations Commander Australia
    Deputy Special Operations Commander Australia
    Chief of Staff Special Operations Command
    Commander Special Forces
    Commanding Officer Special Air Service Regiment
    Commandant Special Forces Training Centre

  4. A member who meets one condition from each of paragraph a. and paragraph b. is eligible for Special Forces disability allowance.

    1. CDF is satisfied that the member is performing duty at one of the following levels of liability.

      1. Special Forces support tier 1B.

      2. Special Forces support tier 1C.

      3. Special Forces support tier 2.

      4. Special Forces support tier 3.

    2. The member is posted to or performing CDF approved temporary duty in any of the following positions.

      1. A designated Special Forces position.

      2. A Special Forces support position in Special Operations Command.

      3. A position with a foreign defence force which CDF is satisfied involves similar duties to a Special Forces support position.

      4. A Special Forces instructor position.

      5. A position with a foreign defence force which CDF is satisfied involves similar duties to a Special Forces instructor position.

    Persons who can make the decisions under paragraph B.12.5.4.a and paragraph B.12.5.4.b on behalf of the CDF:
    Special Operations Commander Australia
    Deputy Special Operations Commander Australia
    Chief of Staff Special Operations Command
    Commander Special Forces
    Commanding Officer Special Air Service Regiment
    Commanding Officer 1st Commando Regiment
    Commanding Officer 2nd Commando Regiment
    Commanding Officer Special Operations Engineer Regiment
    Commandant Special Forces Training Centre
    Commanding Officer Parachute Training School
    Staff Officer Grade One Coordination Special Operations Headquarters
    Officer Commanding Special Operations Logistic Squadron

    Persons who can make the decisions under subparagraph B.12.5.4.b.111 and subparagraph B.12.5.4.b.v on behalf of the CDF:
    Special Operations Commander Australia
    Deputy Special Operations Commander Australia
    Chief of Staff Special Operations Command
    Commander Special Forces

  5. A member for whom all of the following conditions are met is eligible for Special Forces disability allowance.

    1. The member holds either of the following qualifications.

      1. Combat Controller.

      2. Combat Control Officer.

    2. The member is posted to 4 Squadron, Air Force.

    3. The member is liable to support Special Operations Command activities.

  6. A member who is directed to perform designated special duty is eligible for Special Forces disability allowance.

B.12.6 Conditions for eligiblity — Reserve service

  1. The conditions for eligibility set out in this section may apply only to a member who is performing a period of duty on Reserve service.

  2. Note: In the total workforce model, Reserve service may be described as service in Service category 3, 4 or 5. A member on Service option C is not on Reserve service.

  3. A member who meets one condition from each of paragraph a. and paragraph b is eligible for Special Forces disability allowance.

    1. The member holds a current qualification for any of the following.

      1. Commando.

      2. Special Air Service.

      3. Tactical Assault Group clearance diver.

    2. The member is directed on a day to perform the duties of any of the following.

      1. A designated Special Forces position.

      2. A Special Forces position in a Special Forces Regiment.

      3. A position with a foreign defence force which CDF is satisfied involves similar duties to a Special Forces position.

      4. A Special Forces instructor position.

      5. A position with a foreign defence force which CDF is satisfied involves similar duties to a Special Forces instructor position.

    Persons who can make the decisions under subparagraph B.12.6.2.b.iii and subparagraph B.12.6.2.b.v on behalf of the CDF:
    Special Operations Commander Australia
    Deputy Special Operations Commander Australia
    Chief of Staff Special Operations Command
    Commander Special Forces

  4. A member who meets one condition from each of paragraph a. and paragraph b is eligible for Special Forces disability allowance.

    1. CDF is satisfied that the member is performing duty at one of the following levels of liability.

      1. Special Forces support tier 1B.

      2. Special Forces support tier 1C.

      3. Special Forces support tier 2.

      4. Special Forces support tier 3.

      Persons who can make the decision under paragraph B.12.6.3.a on behalf of the CDF:
      Special Operations Commander Australia
      Deputy Special Operations Commander Australia
      Chief of Staff Special Operations Command
      Commander Special Forces
      Commanding Officer Special Air Service Regiment
      Commanding Officer 1st Commando Regiment
      Commanding Officer 2nd Commando Regiment
      Commanding Officer Special Operations Engineer Regiment
      Commandant Special Forces Training Centre
      Commanding Officer Parachute Training School
      Staff Officer Grade One Coordination Special Operations Headquarters
      Officer Commanding Special Operations Logistic Squadron

    2. The member is directed on a day to perform the duties of any of the following.

      1. A designated Special Forces position.

      2. A Special Forces support position in Special Operations Command.

      3. A position with a foreign defence force which CDF is satisfied involves similar duties to a Special Forces support position.

      4. Special Forces instructor position.

      5. A position with a foreign defence force which CDF is satisfied involves similar duties to a Special Forces instructor position.

    Persons who can make the decisions under subparagraph B.12.6.3.b.iii and subparagraph B.12.6.3.b.v on behalf of the CDF:
    Special Operations Commander Australia
    Deputy Special Operations Commander Australia
    Chief of Staff Special Operations Command
    Commander Special Forces

  5. A member who meets both of the following conditions is eligible for Special Forces disability allowance.

    1. CDF is satisfied that the member has successfully completed Special Forces selection training.

    2. The member is undertaking training towards a qualification for any of the following.

      1. Commando.

      2. Special Air Service.

      3. Tactical Assault Group clearance diver.

      4. Combat Controller.

      5. Combat Control Officer.

    Persons who can make the decision under subsection B.12.6.4 on behalf of the CDF:
    Special Operations Commander Australia
    Deputy Special Operations Commander Australia
    Chief of Staff Special Operations Command
    Commander Special Forces
    Commanding Officer Special Air Service Regiment
    Commandant Special Forces Training Centre

  6. A member for whom all of the following conditions are met is eligible for Special Forces disability allowance.

    1. The member holds either of the following qualifications.

      1. Combat Controller.

      2. Combat Control Officer.

    2. The member is directed on a day to perform duty with 4 Squadron, Air Force.

    3. The member is liable to support Special Operations Command activities.

  7. A member who is directed to perform designated special duty is eligible for Special Forces disability allowance.

B.12.7 Annual rates of allowance

A member who meets the eligibility conditions under subsection B.12.5 is to be paid the annual rate of Special Forces disability allowance for the period of the posting or duty as set out in the following table.

Annual rates of allowance
Item A member who meets the conditions set out in... and performing the posting or duty described for a position at... is to be paid...
1. B.12.5.2.a.i
(Commando)
any of
B.12.5.2.b.i
the annual rate listed for item 25, table 1 in Part F of this Determination.
B.12.5.2.b.ii
B.12.5.2.b.iii
2. B.12.5.2.a.ii
(Special Air Service)
any of
B.12.5.2.b.i
the annual rate listed for item 24, table 1 in Part F of this Determination.
B.12.5.2.b.ii
B.12.5.2.b.iii
3. B.12.5.2.a.iii
(Tactical Assault Group clearance diver)
any of
B.12.5.2.b.i
the annual rate listed for item 25, table 1 in Part F of this Determination.
B.12.5.2.b.ii
B.12.5.2.b.iii
4. B.12.5.2.a.i
(Commando)
either
B.12.5.2.b.iv
the annual rate listed for item 26, table 1 in Part F of this Determination.
B.12.5.2.b.v
5. B.12.5.2.a.ii
(Special Air Service)
either
B.12.5.2.b.iv
B.12.5.2.b.v
6. B.12.5.2.a.iii
(Tactical Assault Group clearance diver)
either
B.12.5.2.b.iv
B.12.5.2.b.v
7. B.12.5.3
(Training)
8. B.12.5.4.a.iii
(Special Forces support tier 2)
any of
B.12.5.4.b.i
B.12.5.4.b.ii
B.12.5.4.b.iii
9. B.12.5.4.a.iv
(Special Forces support tier 3)
any of
B.12.5.4.b.i
the annual rate listed for item 26, table 1 in Part F of this Determination.
B.12.5.4.b.ii
B.12.5.4.b.iii
10. B.12.5.4.a.i
(Special Forces support tier 1B)
any of
B.12.5.4.b.i
the annual rate listed for item 5, table 1 in Part F of this Determination.
B.12.5.4.b.ii
B.12.5.4.b.iii
11. B.12.5.4.a.ii
(Special Forces support tier 1C)
any of
B.12.5.4.b.i
the annual rate listed for item 28, table 1 in Part F of this Determination.
B.12.5.4.b.ii
B.12.5.4.b.iii
12. B.12.5.4.a.iii
(Special Forces support tier 2)
either
B.12.5.2.b.iv
the annual rate listed for item 27, table 1 in Part F of this Determination.
B.12.5.4.b.v
13. B.12.5.4.a.iv
(Special Forces support tier 3)
either
B.12.5.2.b.iv
B.12.5.4.b.v
14. B.12.5.4.a.iv
(combat controller/ combat control officer)
the annual rate listed for item 26, table 1 in Part F of this Determination.

B.12.8 Daily rates of allowance

  1. A member who meets the eligibility conditions under subsection B.12.6 is to be paid the daily rate of Special Forces disability allowance for the period of the duty as set out in the following table.

  2. Yearly rates of allowance
    Item A member who meets the conditions set out in... and performing the posting or duty described for a position at... is to be paid...
    1. B.12.6.2.a.i
    (Commando)
    any of
    B.12.6.2.b.i
    the daily rate listed for item 29, table 1 in Part F of this Determination.
    B.12.6.2.b.ii
    B.12.6.2.b.iii
    2. B.12.6.2.a.ii
    (Special Air Service)
    any of
    B.12.6.2.b.i
    B.12.6.2.b.ii
    B.12.6.2.b.iii
    3. B.12.6.2.a.iii
    (Tactical Assault Group clearance diver)
    any of
    B.12.6.2.b.i
    B.12.6.2.b.ii
    B.12.6.2.b.iii
    4. B.12.6.2.a.i
    (Commando)
    either
    B.12.6.2.b.iv
    B.12.6.2.b.v
    5. B.12.6.2.a.ii
    (Special Air Service)
    either
    B.12.6.2.b.iv
    B.12.6.2.b.v
    6. B.12.6.3.a.iii
    (Tactical Assault Group clearance diver)
    either
    B.12.6.2.b.iv
    B.12.6.2.b.v
    7. B.12.6.4.a.iii
    (Special Forces support tier 2)
    any of
    B.12.6.3.b.i
    B.12.6.3.b.ii
    B.12.6.3.b.iii
    8. B.12.6.3.a.iv
    (Special Forces support tier 3)
    any of
    B.12.6.3.b.i
    the daily rate listed for item 29, table 1 in Part F of this Determination.
    B.12.6.3.b.ii
    B.12.6.3.b.iii
    9. B.12.6.3.a.i
    (Special Forces support tier 1B)
    any of
    B.12.6.3.b.i
    the daily rate listed for item 32, table 1 in Part F of this Determination.
    B.12.6.3.b.ii
    B.12.6.3.b.iii
    10. B.12.6.3.a.ii
    (Special Forces support tier 1C)
    any of
    B.12.6.3.b.i
    the daily rate listed for item 31, table 1 in Part F of this Determination.
    B.12.6.3.b.ii
    B.12.6.3.b.iii
    11. B.12.6.3.a.iii
    (Special Forces support tier 2)
    either
    B.12.6.3.b.iv
    the daily rate listed for item 30, table 1 in Part F of this Determination.
    B.12.6.3.b.v
    12. B.12.6.3.a.iv
    (Special Forces support tier 3)
    either
    B.12.6.3.b.iv
    B.12.6.3.b.v
    13. B.12.6.4
    (training)
    the daily rate listed for item 29, table 1 in Part F of this Determination.
    14. B.12.6.5
    (combat controller/ combat control officer)
  3. A member who meets the conditions for eligibility under either subsection B.12.5.6 or subsection B.12.6.6 is to be paid the daily rate of Special Forces disability allowance approved by CDF for the period of the activity. CDF must choose a rate listed at item 33, table 1 of Part F of this Determination, having regard to the level of disability experienced in performing the designated special duty.

  4. A member who is eligible for an annual rate of Special Forces disability allowance is not entitled to a daily rate of Special Forces disability allowance for the same period.

  5. Exception: Both an annual and a daily rate may be payable to a member who is entitled to the daily rate of Special Forces disability allowance under subsection B.12.8.2 for the same period.

Persons who can make the decision under subsection B.12.8.2 on behalf of the CDF:
Special Operations Commander Australia

B.12.9 Suspension of eligibility

CDF may decide that a member is not to perform a Special Forces role for a specified period of duty. This means that although the member meets the general eligibility conditions for Special Forces disability allowance, the member is not entitled to the allowance for that specified period.

Persons who can make the decision under section B.12.9 on behalf of the CDF:
Special Operations Commander Australia
Deputy Special Operations Commander Australia
Chief of Staff Special Operations Command
Commander Special Forces
Commanding Officer Special Air Service Regiment
Commanding Officer 1st Commando Regiment
Commanding Officer 2nd Commando Regiment
Commanding Officer Special Operations Engineer Regiment
Commandant Special Forces Training Centre
Commanding Officer Parachute Training School
Staff Officer Grade One Coordination Special Operations Headquarters
Officer Commanding Special Operations Logistic Squadron

B.12.10 Interactions with other allowances

  1. A member who is paid a rate of Special Forces disability allowance under subsection B.12.8.2 is not entitled to any rate of deployment allowance under Defence Determination 2016/19, Conditions of service, as in force from time to time.

  2. A member who is entitled to payment of Special Forces disability allowance and either of the following allowances for the same period, is to be paid only the higher of the two relevant rates.

    1. Clearance diver allowance.

    2. Unpredictable explosives allowance.

  3. To remove doubt, a member entitled to payment of trainee allowance under Division B.1 may also be entitled to payment of Special Forces disability allowance under either of the following sections for the same period.

    1. Section B.12.7, table item 7.

    2. Section B.12.8.1, table item 13.

  4. For the purposes of subsection B.12.10.5, a member's entitlement to any of the following allowances may be affected by payment of Special Forces disability allowance.

    1. Adventurous training instructor allowance.

    2. Arduous conditions instructor allowance.

    3. Boarding party allowance.

    4. Diving allowance.

    5. Field allowance.

    6. Flying disability allowance.

    7. Paratrooper allowance.

    8. Maritime disability allowance.

    9. Maritime sustainability allowance.

    10. Submarine escape allowance.

  5. A member's entitlement to payment of Special Forces disability allowance may affect their entitlement to payment of allowances listed in subsection 4 as set out in the following table.

  6. Effect on other allowances
    Item A member paid Special Forces disability allowance under... may also be paid these allowances for the same period...
    1. B.12.7, table items 1–9 none of the allowances listed under subsection B.12.10.4.
    2. B.12.7, table items 10–11 any of the allowances listed under subsection B.12.10.4.
    3. B.12.7, table items 12–13 any of the allowances listed under subsection B.12.10.4, except paratrooper allowance.
    4. B.12.7, table item 14 none of the allowances listed under subsection B.12.10.4.
    5. B.12.8.1, table items 1–6 none of the allowances listed under subsection B.12.10.4.
    6. B.12.8.1, table items 7–8 none of the allowances listed under subsection B.12.10.4.
    7. B.12.8.1, table items 9–10 any of the allowances listed under subsection B.12.10.4.
    8. B.12.8.1, table items 11–12 any of the allowances listed under subsection B.12.10.4, except paratrooper allowance.
    9. B.12.8.1, table items 13–14 none of the allowances listed under subsection B.12.10.4.
    10. B.12.8.2 none of the allowances listed under subsection B.12.10.4.

Application to Reservists: Yes, in certain circumstances approved by the Tribunal.



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