Division 2: The Defence Determination on conditions of service

 

WARNING: This Division does not apply to the DFRT determinations in Chapters 3 and 4. Those determinations have their own rules about definitions, date of effect, and which members they apply to.

See: Clause 1.2.6, DFRT determinations take precedence over Defence Determination 2005/15. (This reference is policy guidance)

1.2.9    Defence Determination 2005/15 – general
1.2.10   Date of effect
1.2.11   Member Chapters 1 to 17 apply to
1.2.12   Meaning of words and phrases
1.2.13   References to other legislation

1.2.9    Defence Determination 2005/15 – general

 

Defence Determination 2005/15, Conditions of Service, is the main Determination authorising ADF conditions of service within Australia and overseas. It deals with a wide range of ADF conditions of service.

Examples: Leave, location allowances, reimbursement to members of Service-related expenses.
1.2.10   Date of effect

 

This Determination commences on 31 May 2005 .
1.2.11   Member Chapters 1 to 17 apply to

1.

Chapter 1 (other than Part 3 Division 2) applies to all ADF members, including members of the Reserves on Reserve service. Chapter 1 Part 3 Division 2 applies only to members on continuous full-time service.

Note: Chapter 1 Part 3 Division 2 deals with definitions in relation to dependants. These definitions do not apply to members on Reserve service.

2.

Chapters 2 to 17 apply only to members on continuous full-time service. This is unless an express intention to deal with another class of person is clear.

Example 1: A member of the Reserves on Reserve service is not entitled to housing assistance under Chapter 7. There is no express intention in that Chapter to apply housing assistance to members other than those on continuous full-time service.

Example 2: A member of the Reserves on Reserve service is entitled to payment of costs for travel on Defence business. Clause 9.5.14 states that this entitlement applies to these members.

Example 3: Some removal and housing entitlements are provided for dependants under Chapters 6 and 7 after the death of a member, or under Chapter 8 for the breakdown of their marriage. The provisions make it clear that the dependants have these entitlements.

3.

These members are on continuous full-time service.

 

a.

A member of the Permanent Forces.

 

b.

A member of the Reserves on continuous full-time service.

4.

A member of the Reserves on Reserve service is not on continuous full-time service.

See: The definitions of continuous full-time service and Reserve service in Chapter 1 Part 3 Division 1.

5.

This Determination may also expressly make any person or class of persons who is a cadet, or who is appointed as an officer or instructor of cadets, eligible for a benefit.

See: Chapter 4 Part 8 Division 6, Cadet forces allowance

Chapter 11 Part 3, Payment of financial entitlements on death
1.2.12   Meaning of words and phrases

 

Part 3 of this Chapter defines terms used in Chapters 1 to 17. The definition applies to each use of the term throughout the Chapters. This is unless it is made clear otherwise.
1.2.13   References to other legislation

1.

Reference may be made in Chapters 1 to 17 to any of these forms of legislation.    

 

a.

An Act.

 

b.

A regulation made under an Act.

 

c.

A determination made under any of these provisions.

 

i.

Section 58B of the Defence Act 1903.

 

ii.

Section 58H of the Defence Act 1903.

 

iii.

Subsection 24 (1) of the Public Service Act 1999.

2.

Any such reference is to the Act, regulation or determination as in force from time to time. This is unless it is made clear otherwise.

 

PACMAN                                                              AL13 (August 2006)                                Chapter 1 – Part 2 Division 2 – 1