2.   Are there any terms used which I may not know?

Abbreviations

 

The following table describes abbreviations contained in this Handbook.

 

The abbreviation...
means...

ADF

Australian Defence Force

APS

Australian Public Service

AWA

Australian Workplace Agreement

CDF

Chief of the Defence Force

CO/OC

Commanding Officer or Officer Commanding

DCR

Directorate of Complaint Resolution

DE

Directorate of Entitlements

DECA

Defence Enterprise Collective Agreement 2009

Defence

Australian Defence Force and the Department of Defence

Defence Act

Defence Act 1903

DWR

Defence Workplace Relations

DWRM

Defence Workplace Relations Manual

LSL Act

Long Service Leave (Commonwealth Employees) Act 1976

Maternity Leave Act

Maternity Leave (Commonwealth Employees) Act 1973

PACMAN

ADF Pay and Conditions Manual

PS Act

Public Service Act 1999

Subordinate legislation

Public Service Regulations 1999, Public Service Commissioner's Directions 1999, Prime Minister's Public Service Directions 1999 and Public Service Classification Rules 2000

WR Act

Workplace Relations Act 1996

Terms

 

The following table defines terms used in this Handbook.

 

Term

Definition

Approving authority

The person who certifies that factual information is correct and approves the payment of an entitlement. This approval can only be given when there is no discretionary decision to be made. Not to be confused with the authorised person.

Authorisation

When consent (oral or written) is given that permits a person to act, for and on behalf of the owner of a power, for a particular purpose, as an agent. You are always acting on behalf of the owner of the power. An authorisation continues in force until it is revoked at a later date or the authoriser ceases to hold the position able to authorise the power.

Authorised person

A person or group of persons who have been given the power to make a decision. The authorised person will be required to make a judgement on conditions of service (ADF) or conditions of employment (APS) in particular cases, including whether to approve specific applications. The judgement will normally be based on specified criteria or guidelines. The decision will be seen as the personal decision of the person who has given the permission for you to act on their behalf.

Decision-maker

The person who makes a decision about particular service or employment conditions, including whether to approve specific applications. The decision-maker can be an authorised person or a delegate.

Delegate

A person who has been permitted, through delegation by the owner of the power, to use their power to make a decision. The delegation allows the delegate to make a decision using the power in their own right. A decision made using the delegation is your own decision, even though it is made using someone else's original power.

Delegation

A mechanism in legislation that permits the owner of a power to delegate (in writing) the use of that power by others. The delegation continues in force until it is revoked at a later date.

Discretionary decision

A discretionary decision is one where the decision-maker has to make a judgement or choice about whether or not to approve an application.

An entitlement

An entitlement is a legal right to a benefit. Decisions are made to approve specific applications. This can be through verifying facts or making a discretionary decision that the applicant qualifies under a rule. Entitlements are provided under the conditions of service for ADF members or conditions of employment for APS personnel.

Power

A power is the authority to make a decision. The power can be given to another person or persons through delegation or authorisation.

Principle

A principle is general guidance that requires you to use some judgement or discretion when applying it. It gives context to a rule and shows the intent behind the rule.

Rule

Rules are contained in legal instruments which provide the basis for pay and conditions of service and employment for the ADF and APS as follows.

a. ADF rules are contained in 'determinations' and are published in the PACMAN.

b. The APS rules are contained in the PS Act and its subordinate legislation, the LSL Act, the Maternity Leave Act, the WR Act and the DECA. The DECA includes principles that provide the context and the objective of the rules.

 

PACMATE                                                             AL13 (November 2009)                                                     Annex 5.A Section 2 – 1