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1. |
Defence Determinations are delegated legislation made under the Defence Act 1903. |
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Chapters 1 to 17 set out determinations that are relevant to ADF conditions of service. This table describes those determinations. |
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Determinations on |
are made by the |
under |
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ADF salary and salary-related allowances |
DFRT |
section 58H of the |
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ADF conditions of service (within Australia and overseas) |
delegate of the Minister for Defence |
section 58B of the |
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APS overseas conditions of service |
delegate of the Secretary of the Department of Defence |
clause I12 of the Defence Enterprise Collective Agreement 2009. |
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Note: Determinations have the force of law. They must be complied with. |
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Several principal DFRT determinations deal with ADF pay and allowances in the nature of pay. They are published in Chapter 3 Parts 1 and Chapter 4 Parts 2 and 3, as follows. |
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a. |
In Chapter 3 Part 1, Entitlement and calculation of salaries: DFRT Determination No. 15 of 2008, Salaries, as amended to date. |
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b. |
In Chapter 4 Part 2, Service allowance: DFRT Determination No. 11 of 1994, Service allowance, as amended to date. |
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c. |
In Chapter 4 Part 3, Qualification and occupation-based allowances: several DFRT determinations dealing with various allowances, as amended to date. |
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Defence Determination 2005/15, Conditions of Service, is the main Determination referred to in Chapters 1 to 17. This is unless another authority for conditions is expressly referred to. See: Division 2 for more information on this Determination |
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The DFRT determinations published
in Chapters 3 and 4 are clearly labelled. They are legally sep |
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WARNING: Each DFRT determination in Chapters 3 and 4 is legally self-contained. It has its own definitions, date of effect and rules about which members it applies to. It must be read on its own. The definitions in Chapter 1 Part 3 may not apply. These definitions only apply to Defence Determination 2005/15 and related guidance, as published in the remainder of Chapters 1 to 17. |
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Clause notes for the individual DFRT determinations can be found at the end of the text of each DFRT determination. |
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All provisions for overseas service are set out in Chapters 12 to 17. |
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The APS overseas conditions of service are generally the same as the ADF overseas conditions of service. |
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3. |
The ADF provisions may be different from the APS provisions in some areas. This is because some working and living conditions are different. See: Chapter 12, Introduction in the Overseas Conditions of Service volume |
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The DECA is the usual legal authority for APS overseas conditions in the Department of Defence. Clause H10 of the DECA authorises the Secretary to determine additional conditions for overseas service. Under this power, the delegate of the Secretary has determined that APS overseas conditions will be substantially the same as set out in the Overseas Conditions of Service Volume, with some modifications. These modifications are clearly labelled in the Overseas Conditions of Service Volume. |
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4a. |
For Australian Workplace Agreements (AWA's), generally, the overseas conditions are the same as for APS employees under the DECA. |
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5. |
In rare cases, APS overseas conditions may be authorised by a determination made under subsection 24 (1) of the Public Service Act 1999. |
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Chapters 1 to 17 refer in places to forms and administrative processes. |
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In each Chapter of the online version, users are able to link directly to a form to assist them apply for leave, an allowance or entitlement. The forms are available in different formats to assist users with different browsers or platforms. In the hardcopy version, there is a reference directing the user to the right form. See: Defence Publishing Service Webforms. |
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Sometimes a user may have to follow a particular set of steps to enable them to complete an administrative function. Links to the right process are provided in the text of each Chapter for the Navy, Army, Air Force and Corporate Services and Infrastructure Group. |