Chapter 12: Overseas conditions of service – overview

12.0.1   Overview (This is policy guidance)

1.

Chapters 12 to 17 set out conditions of service for members performing duty overseas.

2.

These Chapters apply to both ADF members and APS employees.

Exception: Most of Chapter 17 (Warlike and non-warlike deployments) applies to eligible ADF members only. The only provision of Chapter 17 that applies to APS employees is for operational support duty.

See: Chapter 17 Part 10, APS employees – operational support duty

3.

For ADF members, the overseas conditions of service are authorised by Chapters 12 to 17 of Defence Determination 2005/15, Conditions of Service. The Determination is made under section 58B of the Defence Act 1903. It has the force of law and must be complied with. These Chapters are reproduced as Chapters 12 to 17 of the Manual.

See: Defence Act 1903, section 58B

4.

For APS employees, the overseas conditions of service are authorised under these Agreements. The Agreements apply the relevant parts of Chapters 12 to 17 of the Manual to APS employees.

 

a.

Clause H10 of the Defence Enterprise Collective Agreement 2009 (DECA). That clause authorises the Secretary to determine additional conditions of service for employees travelling and working overseas on short-term duty, long-term postings or in support of a specified ADF operation.

 

b.

Australian Workplace Agreements made under Part VID of the Workplace Relations Act 1996.

5.

Additional administrative guidance is provided on some aspects. Unless otherwise shown, this guidance applies equally to ADF members and APS employees.

12.0.2   Contents

 

This Chapter includes these Parts.

 

Part 1

General information on Chapters 12 to 16

 

Part 2

Advice and administration for overseas conditions of service

 

Part 3

Definitions for Chapters 12 to 17

 

Part 4

Employment with the UN – ADF only

 

Part 5

Employment with the UN – APS only

 

PACMAN                                                             AL13 (November 2009)                                                 Chapter 12 – 1