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Division 1: Language allowance

from DFRT Determination No. 14 of 1992

Purpose

G4.17 Language allowance is paid to encourage and assist members to maintain proficiency in an approved foreign language and for the performance of linguistic duties.

Citation

  1. This determination may be cited as Determination No. 14 of 1992, Language Allowance.

Definition

  1. This table defines terms used in this Determination.
  2. Definitions
    Term Definitions
    Grade of language competency Means the highest current grade of competency attained under the Defence Languages-other-than English (LOTE) Capability Model, as in force on 1 December 2016, by that member.
    Level of language proficiency Means the highest current level of proficiency attained under the Australian Defence Language Proficiency Rating Scale (ADLPRS), as in force on 1 December 2016, by that member.

G4.18 Board of Examiners means the Board of Examiners at the ADF School of Languages, Point Cook, Victoria.

Exercise of Powers by Chief of the Defence Force

  1. In this determination a reference to the Chief of the Defence Force is to be taken as including references to such other person as the Chief of the Defence Force authorises for the purpose of the provision in which the reference occurs.

Application

  1. This determination applies to a member who –

    1. is employed in a position where language skills are required and is required to use the language skills in the course of performing duty, or

    2. is not employed in such a position but who the Chief of the Defence Force certifies is required to be available at short notice for employment in such a position.

Persons who can make the decision under paragraph 4(b) on behalf of the CDF:
Head and Board of Examiners, ADF School of Languages

Specified languages

  1. The following table lists languages, grouped by degree of language difficulty, for which language allowance may be paid.
  2. Languages
    Degree of language difficulty Group 1 Group 2 Group 3
    Language Fijian
    French
    German
    Italian
    Javanese
    Portuguese
    Spanish
    Tagalog
    Tetum
    Burmese
    Farsi
    Indonesian
    Khmer
    Malay
    Pashtu
    Russian
    Thai
    Urdu
    Vietnamese
    Arabic
    Chinese
    Japanese
    Korean

Rates of Allowance

  1. The annual rate of language allowance payable to a member is as follows:

  2. Rate of allowance
    Language level
    Proficiency – Lower
    or
    Competency – Strategic Engagement – lower
    Proficiency – intermediate
    or
    Competency – Strategic Engagement – intermediate or operational engagement
    Proficiency – higher
    or
    Competency – Strategic Engagement – higher
    Proficiency – advanced
    or
    Competency – Strategic Engagement – interpreter
    Unspecified languages approved by CDF under special circumstances
    $1,132
    Specified Difficulty Group 1 languages
    $1,132
    $2,267
    $3,400
    $4,535
    Specified Difficulty Group 2 languages
    $1,701
    $3,400
    $5,668
    $7,924
    Specified Difficulty Group 3 languages
    $2,267
    $4,535
    $7,924
    $11,323

Payment of Allowance

    7.1 A member who has attained a level of language proficiency or competency at the lower language level or above is entitled to be paid, on the date the member qualifies or subsequently requalifies, language allowance of the amount specified in clause 6 according to the level of language proficiency or competency of the member and the degree of language difficulty.

    G4.19 Passing the intermediate examination or achieving an equivalent standard is a pre-requisite for consideration for higher or advanced standard. Normally, a minimum of three years must elapse between levels, but the Board of Examiners may waive this requirement in special cases.

    7.2 A member is also entitled to be paid language allowance for the language on the anniversary of the date the member qualifies or subsequently requalifies, but is not entitled to be paid twice in the same year.

    7.3 Unless the Chief of the Defence Force so approves, having regard to the requirements of the Australian Defence Force, a member is not to be paid language allowance for more than one specified language.

Persons who can make the decision under subsection 7.3 on behalf of the CDF:
Head and Board of Examiners, ADF School of Languages

 

G4.20 Approval might be given, for example, if a member is performing duties requiring proficiency in more than one language. Cases are to be referred to the Board of Examiners for consideration.

Member to be Taken to be Qualified

  1. Where a member fails to requalify in a language but is employed in a position where language skills are used, and the member is able to qualify in certain language skills, the Chief of the Defence Force may approve that the member is to be taken to be qualified in the language at the lower level of proficiency.

G4.21 Payment in these circumstances is restricted to the period the member is employed in a position requiring language skills.

 

Persons who can make the decision under section 8 on behalf of the CDF:
Head and Board of Examiners, ADF School of Languages

Payment in Special Circumstances

    9.1 A member who is not otherwise entitled to language allowance under this determination is entitled to be paid language allowance at the lower proficiency or competency amount if the Chief of the Defence Force certifies that the member is –

    1. appropriately skilled in a language other than English or a specified language; and

    2. employed in a position where language skills are essential.

    9.2 A member ceases to be entitled to be paid in accordance with this clause when the member ceases to be employed in a position where language skills are essential or where the Chief of the Defence Force revokes the certification.

Persons who can make the decisions under section 9 on behalf of the CDF:
Head and Board of Examiners, ADF School of Languages
Commanding Officer, Joint Telecommunications School

Requalification

    10.1 A member is not entitled to be paid language allowance unless the member requalifies at an interval of not more than three years.

    10.2 The three year interval may be extended by a further period as authorised by the Chief of the Defence Force if Service requirements or compelling compassionate circumstances of the member make it impractical for the member to attend a requalification examination.

    10.3 A member, posted for 12 months or more to a country where the native language is the same as the language for which the member is entitled to be paid language allowance, is not required to requalify during the period from the commencement of the posting to a date one year after the posting ceases.

    10.4 A member posted as an instructor to the Defence Force School of Languages is not required to requalify in the language the member teaches for the period from the commencement of the posting to a date two years after the posting ceases.

Persons who can make the decision under subsection 10.2 on behalf of the CDF:
Head and Board of Examiners, ADF School of Languages

Qualification attained at other than the Australian Defence Force School of Languages

  1. A member who has acquired a specified language other than at the Defence Force School of Languages is not entitled to be paid language allowance at an amount above the intermediate language level of language proficiency on first qualifying, unless the Chief of the Defence Force determines a higher level of proficiency should apply.

  2. G4.22 Qualification is subject to the member achieving a standard of skill or attaining a pass in an examination which is assessed by the Board of Examiners as being equivalent to a pass in an end-of-course examination at the ADF School of Languages.

Persons who can make the decision under section 11 on behalf of the CDF:
Head and Board of Examiners, ADF School of Languages

Repayment of Allowance

  1. Where a member has been paid Language Allowance and the member ceases to be a member during the one year period immediately after becoming entitled to the allowance, that member is required to repay a proportion of the allowance determined in accordance with the following formula:

     A   x   B
    365

    where;

    A   is the amount of Language Allowance paid to the member,

    B   = 365 minus the number of days the member served after becoming entitled to Language Allowance.

Date of Effect

This determination will take effect on and from 5 November 1992.

DETERMINATION NO 14 OF 1992 – CLAUSE NOTES

Clause notes
Clause Amendments
Title Substituted by: DFRT No. 9 of 2016.
1. Substituted by: DFRT No. 9 of 2016.
2. Substituted by: DFRT No. 9 of 2016.
5. Amended by: DFRT No. 9 of 1997. Substituted by: No. 19 of 1998. Amended by: No. 21 of 2001. Substituted by: No. 14 of 2009. Amended by: No. 12 of 2013; No. 9 of 2016.
6. Amended by: DFRT No. 16 of 1992; No. 2 of 1993; Nos. 5, 6 and 19 of 1994; No. 23 of 1995; Nos. 8 and 24 of 1996; Nos. 9 and 10 of 1997; Nos. 9, 19 and 27 of 1998; No. 14 of 1999; No. 8 of 2000; Nos. 3, 16 and 21 of 2001; Nos. 7 and 23 of 2002; No. 11 of 2003; Nos. 2 and 14 of 2004; No. 5 of 2005; Nos. 1 and 16 of 2006; No. 5 of 2007; Nos. 10 and 29 of 2008; No. 11 of 2009. Substituted by: No. 14 of 2009. Amended by: No. 6 of 2010; No. 8 of 2011; No. 10 of 2012; No. 19 of 2013; No. 9 of 2014; Nos. 5 and 14 of 2015; No. 8 of 2016. Substituted by: DFRT No. 9 of 2016. Amended by: DFRT No. 9 of 2017.
7. Amended by: DFRT No. 16 of 2003; No. 14 of 2009. Substituted by: DFRT No. 9 of 2016.
8. Substituted by: DFRT No. 9 of 2016.
9. Amended by: DFRT No. 16 of 2003; No. 9 of 2016.
10. Amended by: DFRT No. 1 of 1993. Substituted by: DFRT No. 9 of 2016.
11. Amended by: DFRT No. 1 of 1993. Substituted by: DFRT No. 9 of 2016.
12. Amended by: DFRT No. 9 of 2016.

FOOTNOTE – 14 OF 1992

  1. DFRT Determination 14 of 1992 has been amended by DFRT Determination No. 16 of 1992;
    Nos. 1 and 2 of 1993;
    Nos. 5, 6 and 19 of 1994;
    No. 23 of 1995;
    Nos. 8 and 24 of 1996;
    Nos. 9 and 10 of 1997;
    Nos. 9, 19 and 27 of 1998;
    No. 14 of 1999;
    No. 8 of 2000;
    Nos. 3, 16 and 21 of 2001;
    Nos. 7 and 23 of 2002;
    Nos. 11 and 16 of 2003;
    Nos. 2 and 14 of 2004;
    No. 5 of 2005;
    Nos. 1 and 16 of 2006;
    No. 5 of 2007;
    Nos. 10 and 29 of 2008;
    Nos. 11 and 14 of 2009;
    No. 6 of 2010;
    No. 8 of 2011;
    No. 10 of 2012;
    Nos. 12 and 19 of 2013;
    No. 9 of 2014;
    Nos. 5 and 14 of 2015;
    Nos. 8 and 9 of 2016.
    No. 9 of 2017.

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



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