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FOR DEFINITIONS RELATING TO DEPENDANTS, SEE CHAPTER 1 PART 3 DIVISION 2 |
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WARNING – DIFFERENT DEFINITIONS FOR OVERSEAS CONDITIONS OF SERVICE The following terms are defined differently for overseas conditions of service: long-term posting posting location posting period short-term duty Those definitions are in Chapter 12. See: Chapter 12 Part 3, Definitions for Chapters 12 to 17. |
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Note: If a term is not defined anywhere in this manual or other
legislation, it has the same meaning as in the |
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This Division defines general terms and explains important concepts used in Chapters 1 to 17. See: Division 2 for definitions and interpretations related to dependants. |
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Click on the letter of the alphabet below that corresponds to the sought-after term. |
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Act means the Defence Act 1903. |
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A day’s pay means the daily rate of pay that a member of the Reserves is entitled to while they are on Reserve service. The service must be part of their authorised duty commitment. |
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See: Chapter 3 Part 1 Schedule B.1 – Senior officer total cash value Schedule B.3 Parts 2 and 3 – Officer salary rates Schedule B.4 Parts 2 and 3 – Other rank member appointed as officer – transitional salary rates Schedule B.5 Part 2 – Specialist Officer – Chaplain salary rates Schedule B.6 Parts 2 and 3 – Specialist Officer – Dental Officer salary rates Schedule B.7 Part 2 – Specialist Officer – Legal Officer salary rates Schedule B.8 Parts 3 and 4 – Specialist Officer – Medical Officer salary rates Schedule B.10 Parts 3 and 4 – Warrant Officer Class 1 salary rates Schedule B.12 Parts 2 and 3 – Other Rank salary rates Schedule B.13 Part 2 – Trainee salary rates |
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1. |
For service within |
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a. |
They accompany the member by public transport. |
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b. |
They are sent by public transport unaccompanied. |
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2. |
For a removal, baggage includes parts of a member’s furniture and effects that they choose not to be carried by a contracted removalist. |
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Cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets. |
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Calendar month means a period that meets both these criteria. |
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a. |
It starts at the beginning of a day of a month. |
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b. |
It ends at either of these times. |
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i. |
Immediately before the beginning of the corresponding day of the next month. |
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ii. |
If there is no corresponding day in the next month – at the end of the next month. |
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Examples: 12 May 2000 – 11 June 2000; 30 January 2005 – 28 February 2005.
Note: This definition is based on the definition in the Acts Interpretation Act 1901. |
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Capital city means Canberra, Darwin or the metropolitan area of the capital city of a State. |
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CDF means the Chief of the Defence Force. This includes a reference to another person that the CDF authorises to act on their behalf. |
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Commonwealth includes a body corporate incorporated for a public purpose by or under a law of the Commonwealth or of a Territory. Commonwealth excludes an incorporated company, society or association. See section 17 of the Acts Interpretation Act 1901. |
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Commonwealth removalist means Toll Transitions Pty Ltd, its subcontractors, agents or employees who provide removal services under a contract with the Commonwealth. |
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Compulsory residency means training in a hospital undertaken by a medical officer as a condition of entry into the medical profession. It does not matter whether or not the medical officer lives in accommodation provided by the hospital. |
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Compulsory retirement age means a member's compulsory retirement age under the Defence (Personnel) Regulations 2002. |
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1. |
Continuous full-time service excludes Reserve service. Members on continuous full-time service are paid an annual rate of salary under DFRT Determination No. 15 of 2008, Salaries. If eligible, they are entitled to the conditions of service under Chapters 2 to 17. |
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2. |
This definition applies to the service performed by these two groups of members. |
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a. |
Members of the Permanent Forces. |
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b. |
Members of the Reserves who are specifically on a period of continuous full-time service with the Permanent Forces. (To be on continuous full-time service as defined in this clause, the ADF must specifically require a Reservist to perform duty for a period of continuous full-time service.) See also: Clause 1.3.64 Reserve service. |
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Example: A member joined the Navy in 1990 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2000 to 2004. The member is then called out for continuous full-time service for all of 2005. |
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Item |
During the period... |
the member was on... |
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1. |
1990 to 1999 |
continuous full-time service. |
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2. |
2000 to 2004 |
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3. |
2005 |
continuous full-time service. |
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Note: 'Ceasing continuous full-time service' includes all forms of discharge. This includes on retirement, retrenchment, and on completing a period of engagement. |
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The daily rate of any payment that is expressed as an annual rate means the fortnightly rate divided by 14. See: Chapter 5 Part 8 Division 2 for how to work out daily rates for members on part-time leave without pay. Note: This does not apply to the daily rates of salary for members of the Reserves on Reserve service. These rates are prescribed by the DFRT in Determination No. 15 of 2008, Salaries. See: Chapter 3 Part 1 Schedule B.1 – Senior officer total cash value Schedule B.3 – Officer salary rates Schedule B.4 – Other rank member appointed as officer – transitional salary rates Schedule B.5 – Specialist Officer – Chaplain salary rates Schedule B.6 – Specialist Officer – Dental Officer salary rates Schedule B.7 – Specialist Officer – Legal Officer salary rates Schedule B.8 – Specialist Officer – Medical Officer salary rates Schedule B.10 – Warrant Officer Class 1 salary rates Schedule B.12 – Other rank member salary rates Schedule B.13 – Trainee salary rates |
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Dentist means a dental practitioner registered under the law of a State or Territory. It includes an ADF dental officer. |
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Deployment means warlike or non-warlike service overseas by members assigned for duty with a UN mission or a similar force. |
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Doctor means a medical practitioner registered under the law of a State or Territory. It includes an ADF medical officer. |
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See: Part 6 clause 1.6.1. |
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Effective date of posting means whichever is the later of these dates. |
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a. |
The date in the member's posting order. |
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b. |
The date the member starts duty at their new posting location. |
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See also: Posting period |
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Employment includes full-time or part-time work. It does not include voluntary work. |
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1. |
The capacity of a rotary engine is the displacement of the engine according to the specifications of the engine issued by the manufacturer of the vehicle. |
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2. |
The manufacturer of a rotary engine-driven vehicle may not state the displacement of the engine in the specifications. They may state the displacement of the rotor or rotors comprising the engine instead. In this case, the capacity of the engine is taken to be either of these figures. |
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a. |
The displacement of the rotor that makes up the engine. |
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b. |
The sum of the displacements of the rotors that make up the engine. |
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See: Chapter 1 Part 4. |
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The fortnightly rate of an allowance or other payment is worked out using this formula. |
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Annual rate |
x |
14 |
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365 |
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Gaining location means the posting location to which a member is posted in their posting authority. |
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1. |
This table lists the home port for different members. |
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Item |
If the member was recruited in... |
and the member is in the... |
the member's home port is... |
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1. |
South Australia |
Navy |
Adelaide. |
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Army, posted to a seagoing ship |
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2. |
Queensland |
Navy |
Brisbane or Cairns. |
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Army, posted to a seagoing ship |
Brisbane or Townsville. |
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3. |
New South Wales |
Navy |
Sydney or Nowra. |
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Army, posted to a seagoing ship |
Sydney. |
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4. |
Victoria |
Navy |
Melbourne. |
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Army, posted to a seagoing ship |
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5. |
Tasmania |
Navy |
Hobart. |
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Army, posted to a seagoing ship |
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6. |
Western Australia |
Navy |
Fremantle. |
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Army, posted to a seagoing ship |
Perth. |
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7. |
Northern Territory |
Navy |
Darwin. |
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Army, posted to a seagoing ship |
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8. |
Australian Capital Territory |
Navy |
Canberra. |
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Army, posted to a seagoing ship |
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2. |
Where there is more than one option in column 4 of the table in subclause 1, the CDF may decide which of the options will apply. The CDF must have regard to both these criteria. |
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a. |
Where the member was enlisted or appointed. |
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b. |
The efficient operation of Defence. |
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3. |
A member may apply to have a location listed in this table approved as their home port. |
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Item |
If the member is… |
then the locations that may be selected are… |
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1. |
a member of the Navy |
Adelaide Brisbane Cairns Canberra Darwin |
Fremantle Hobart Melbourne Nowra Sydney |
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2. |
a member of the Army posted to a seagoing ship |
Adelaide Brisbane Canberra Darwin Hobart |
Melbourne Perth Sydney Townsville |
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4. |
The CDF may approve the application. The CDF must consider all of these criteria. |
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a. |
Where the member was enlisted or appointed. |
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b. |
The member's needs. |
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c. |
The efficient operation of Defence. |
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Persons who can make the decisions under clause 1.3.27 on behalf of the CDF: Director/Commanding Officer/Officer Commanding not below MAJ(E)/APS 6 in the member’s direct chain of command or supervision |
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For a seagoing ship, home port means the port from which the ship regularly operates for a period of more than one year. |
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Leave year means a year beginning on 1 July. |
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Legal officer means an officer who is, or is eligible to be, admitted as a barrister or solicitor of the High Court or the Supreme Court of a State or Territory. This does not include an officer who is a Judge of the Federal Court or a Judge of a court of a State or Territory. |
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Living in means occupying living-in accommodation. |
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Living-in accommodation means either of these forms of accommodation. |
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a. |
A barracks or similar kind of residential accommodation that meets both these conditions. |
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i. |
It is owned or controlled by the Commonwealth. |
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ii. |
It is provided primarily for the use of members without dependants. |
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b. |
Accommodation like that described in p |
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Living out means not living in. See: Clause 1.3.32, Living in |
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For service within Australia, location of residence means an area surrounding a member's residence. It is the area defined by the distance the member can travel from their residence and back, door to door. The distance is the greater of these two distances. |
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a. |
How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport. |
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b. |
30 km each way by public road. |
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See also: Clause 1.3.52 Posting location – within |
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1. |
Within Australia – long-term posting means a period of duty that the member's Service has directed to be for more than six months. |
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2. |
For duty overseas – see Chapter 12 Part 3 clause 12.3.9 Long-term posting overseas. |
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This table defines losing location for a member granted a removal. |
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Item |
If the member is… |
then their losing location is |
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1. |
a member with dependants on their first removal after joining or rejoining the Permanent Forces |
of the current or last permanent home of their dependants when they joined or rejoined. |
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2. |
any other member with dependants |
to which they were last granted a removal for their dependants. |
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3. |
a member with dependants (unaccompanied) |
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4. |
a member without dependants |
to which they were last granted a removal. |
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1. |
Meal costs include compulsory service charges and taxes, such as goods and services tax (GST). |
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2. |
Meal costs exclude these items. |
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a. |
Voluntary tips. |
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b. |
The cost of alcoholic drinks. |
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Meal period means one hour beginning at these times. |
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a. |
0700 hours for breakfast. |
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b. |
1300 hours for lunch. |
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c. |
1900 hours for dinner. |
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Member has the same meaning as in sections 4 and 58A of the Defence Act 1903. Section 4 of the Act: ' Member includes any officer, sailor, soldier and airman.' Section 58A of the Act: 'Member includes a person who has ceased to be a member, whether by reason of death or otherwise.'
See also: |
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a. |
Part 2 clause 1.2.11. This clause restricts the application of Chapters 1 to 17 to existing ADF members on continuous full-time service. This is unless a provision makes it clear that the provision applies to members on Reserve service, or former members. |
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b. |
The definitions of continuous full-time service and Reserve service in this Part. |
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Member of a cadet force means any of these persons. |
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a. |
An officer or cadet in a cadet force. |
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b. |
A person who is appointed under regulation 5 of the Cadet Forces Regulations 1977 as an instructor in a cadet force. |
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See: Cadet Forces Regulations 1977 Note: Regulation 5 reads as follows. "Appointment of officers and instructors |
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(1) |
The service chief may appoint as officers or instructors in a cadet force persons who are suitable to supervise and control the training programme for, and the activities of, cadets enrolled in a unit. |
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(2) |
A person shall not be appointed an instructor unless he has attained the age of 18 years. |
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(3) |
A person shall not be appointed an officer unless he has attained the age of 19 years." |
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Member undergoing training means a member of the Permanent Forces who is paid salary under a Schedule other than Schedule B.13 and who commences in a form of in-service training mentioned in Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries. These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 clause 3.2.22. |
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Note: This definition does not apply to new entrants to the ADF who are on a trainee rate of salary under Schedule B.13 of DFRT Determination No. 15 of 2008, Salaries. See: Clause 1.3.70, Trainee |
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See: Calendar month |
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Non-warlike service means both these kinds of service for the purposes of the Veterans’ Entitlements Act 1986. |
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a. |
Service with a peacekeeping force for the purposes of Part IV. |
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b. |
Hazardous service for the purposes of section 120. |
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See: Chapter 9 Part 1 clause 9.1.4. |
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1. |
There are no minimum prescribed working hours for the
ADF. Members on continuous |
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2. |
There is no such thing as payment for overtime. However, commanders set a normal working day taking account of normal community standards, operational requirements and occupational health and safety factors. |
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For a deployment, operational area means the operational area specified for the deployment in Annex 17.9.A. |
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Own home is defined in Chapters 6 and 7. See: Chapter 6 Part
2 Home sale or purchase |
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Paid leave means a period of leave when a member is entitled to salary. |
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Pay grade means the pay grade for a member under DFRT Determination No. 15 of 2008, Salaries. |
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Pay to the Commonwealth means a member's obligation to pay (or repay) money to the Commonwealth. This is if the member incurs a debt or liability to the Commonwealth. Example 1: The member has been overpaid an entitlement. Example 2: The member is liable to contribute money towards the cost of a particular conditions of service benefit that the Commonwealth provides to them. |
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Period of prospective service has the same meaning as in Part 8 of the Military Superannuation and Benefits Act 1991. Note: The definition in that Act reads as follows. "period of prospective service, in relation to a member to whom retention benefit is payable or has been paid, means the period: |
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(a) |
commencing: |
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(i) |
if the member is or was, at the time when the benefit becomes or became payable, subject to a return of service obligation—immediately after the end of the period of service that the member is required to complete because of that obligation; or |
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(ii) |
if subp |
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(b) |
ending at the end of: |
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(i) |
the day on which the member will, if he or she does not cease beforehand to serve in the Permanent Forces: |
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(A) |
complete 20 years of continuous eligible service; or |
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(B) |
if, at the time when, or at any time after, the benefit becomes or became payable, the member is, or was, subject to a return of service obligation—complete a period of continuous eligible service that, excluding the period of service that the member is required to serve because of that obligation, is equal to 20 years; or |
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(ii) |
the day on which the member will reach his or her retiring age; |
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whichever occurs first." |
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1. |
For service within Australia, posting location means an area surrounding a member's normal place of duty. It must be one of these areas. |
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a. |
An area defined by the distance the member can travel from their usual residence to their normal place of duty and back, door to door. The distance is the greater of these two distances. |
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i. |
How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport available during their normal hours of duty. |
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ii. |
30 km each way by public road. |
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b. |
An area greater than the area described in p |
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i. |
The member’s daily attendance for duty would not be affected by any additional travelling time. |
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ii. |
The member commutes daily to their normal place of duty. |
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c. |
Any greater area in which a Service residence is located, if the Service residence is made available for members serving at the member's normal place of duty. |
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2. |
This subclause applies to a member with dependants (unaccompanied) or a member who is posted to a seagoing ship. Their posting location includes a location that their dependants live in. |
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See also: Clause 1.3.34, Location of residence – within |
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Persons who can make the decision under p Director/Commanding Officer/Officer Commanding not below MAJ(E)/APS 6 in the member’s direct chain of command or supervision |
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See: Clause 12.3.15, Posting location. |
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1. |
For service within Australia, a member's posting period starts on the day they begin duty at a posting location and ends on the day they finish duty there. This is subject to subclauses 2 to 6. |
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2. |
The posting period starts on the day the member arrives at the location if they arrive on any of these days. |
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a. |
A Saturday, Sunday or public holiday immediately before the day they begin duty. |
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b. |
A day during a period of paid leave immediately before the day they begin duty. |
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c. |
The day they are granted a removal to the location, or any later day. |
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3. |
The member’s dependants may be granted a removal to the posting location and arrive there before the member. In this case, the posting period starts on the day the dependants arrive. |
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4. |
The posting period ends on the day the member leaves the location, if they leave on any of these days. |
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a. |
A Saturday, Sunday or public holiday immediately before the day they finish duty. |
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b. |
A day during a period of paid leave immediately before the day they finish duty. |
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c. |
The day they are granted a removal from the location, or any later day. |
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5. |
The member’s dependants may be granted a removal from the posting location and depart after the member. In this case, the posting period ends on the day the dependants depart. |
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6. |
The CDF may decide it is reasonable for a member's posting period to start on an earlier day or end on a later day. The CDF must consider all these criteria. |
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a. |
The circumstances of the member’s removal to or from the location. |
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b. |
The number, age, gender and circumstances of the member’s dependants. |
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c. |
The availability of rental accommodation at the location. |
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d. |
Any other factor relevant to the posting. |
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Note: Other Chapters have specific provisions about when particular entitlements start and stop. These provisions override this definition for those entitlements. Examples: Seagoing allowance, ADF district allowance and housing assistance. |
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Persons who can make the decision under subclause 1.3.54.6 on behalf of the CDF: A person not below WO2(E)/APS 4 who is: - Housing Management Centre (HMC) Manager - Relocations Manager of the Housing Management Centre - Removals Team Leader in the Housing Management Centre - National Relocations Manager - National Operations – Removals Manager Executive Officer – Relocations, Dependants and Housing Assistant Director Entitlements Director Entitlements |
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See: Clause 12.3.16, Posting period overseas. |
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Private vehicle means a motor vehicle that is registered in the name of the member or their dependant. Examples: Cars, trucks, motor cycles (and sidecar), motor scooters. Non-examples: Recreational or hobby vehicles that cannot be registered. |
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The CDF may determine that a member died on a particular date. The relevant conditions of service apply as if the member had died on that date. See also: |
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Persons who can make the decision under clause 1.3.57 on behalf of the CDF: Director General Defence Community Organisation |
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Public holiday means a day, or part of a day, that a
member is entitled to take as a public holiday under Chapter 5 Part
10, Public holidays – |
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Public transport means transport available to the public by regular services over fixed routes. |
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1. |
Rank includes both these meanings. |
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a. |
Equivalent rank under Part 4 clause 1.4.1. |
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b. |
Substantive, acting (paid), temporary, provisional and probationary rank. |
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2. |
Rank does not include either of these meanings. |
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a. |
Unpaid acting rank. |
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b. |
Honorary rank. |
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Refitting port means the port where a ship refits, if this is different from the ship’s home port, clause 1.3.28. |
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Remote location means a location listed in Annex 4.4.A. |
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Removal means a removal by a Commonwealth removalist. See: Clause 1.3.12, definition of Commonwealth removalist. |
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1. |
Reserve service means part-time service by a member of the Reserves. Members on Reserve service are paid a daily rate of salary under DFRT Determination No. 15 of 2008, Salaries. See: Chapter 3 Part 1 Schedule B.1 – Senior Officer salary rates Schedule B.3 – Officer salary rates Schedule B.4 – Other rank member appointed as officer – transitional salary rates Schedule B.5 – Specialist Officer – Chaplain salary rates Schedule B.6 – Specialist Officer – Dental Officer salary rates Schedule B.7 – Specialist Officer – Legal Officer salary rates Schedule B.8 – Specialist Officer – Medical Officer salary rates Schedule B.10 – Warrant Officer Class 1 salary rates Schedule B.12 – Other rank member salary rates Schedule B.13 – Trainee salary rates See also: Chapter 3 Part 2 Division 1, About salaries |
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2. |
Members on Reserve service are not on continuous full-time service. This is so even if they serve for a continuous number of days of Reserve service. To be on continuous full-time service as defined in clause 1.3.15, the ADF must specifically require them to perform duty for a period of continuous full-time service. See: Clause 1.3.15, Continuous full-time service. |
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Example: A member joined the Navy in 1990 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2000 to 2004. The member is then called out for continuous full-time service for all of 2005. |
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Item |
During the period... |
the member was on... |
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1. |
1990 to 1999 |
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2. |
2000 to 2004 |
Reserve service. |
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3. |
2005 |
continuous full-time service. |
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3. |
Members on Reserve service are not entitled to many of the conditions of service under Chapters 2 to 17. They are entitled to other conditions of service only under limited conditions. Some conditions of service are provided only for members on Reserve service. Example 1: Members on Reserve service are not entitled to leave under Chapter 5. Example 2: Members on Reserve service are entitled to payment of costs for travel on Defence business. Chapter 9 Part 5 Division 2 clause 9.5.14 states that this entitlement applies to these members. Example 3: Attendance allowance is only available to members on Reserve service under Chapter 4 Part 8 Division 5. |
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Return of service obligation means a period of service determined by the relevant Service Chief under the Defence (Personnel) Regulations 2002. It is period of service a member must complete in return for some kinds of service opportunities. Examples: |
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a. |
Undergoing expensive training. |
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b. |
Getting marketable skills through Service training. |
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c. |
Being employed on special duties. |
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d. |
Serving outside Australia. |
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e. |
Travelling to Australia with any dependants at Commonwealth expense if the member has joined the ADF from outside Australia. |
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See: Defence Instruction (General) Personnel 33-2, Return of Service obligation. (This reference is policy guidance) |
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Seagoing ship has the same meaning as in DFRT Determination No. 1 of 1996, Seagoing Allowance. See: Chapter 4 Part 3 Division 11 Note: The definition in that Determination reads as follows. |
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“seagoing ship means: |
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(a) |
a ship in commission in the service of the Royal Australian Navy; or |
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(b) |
a ship or other vessel approved by the Chief of the Defence Force for the purposes of this Determination, being a ship under the direction of the Commonwealth or a foreign government." |
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Seagoing submarine has the same meaning as in DFRT Determination No. 14 of 2008, Submarine Service Allowance. See: Chapter 4 Part 3 Division 15 Note: The definition in DFRT Determination No. 14 of 2008 reads as follows. |
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“seagoing submarine" means: |
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(a) |
a submarine in commission in the service of the Royal Australian Navy; or |
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|
(b) |
a submarine under Australian or foreign government control, that is approved in writing by the Chief of the Defence Force as a seagoing submarine for the purposes of this Determination. |
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Service residence means residential accommodation provided by the Commonwealth. It does not include living-in accommodation. See: Chapter 7 Part 3 |
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1. |
Within Australia - short-term duty means a period of duty that the member's Service has directed to be for six months or less. |
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2. |
For duty overseas – see Chapter 12 Part 3 clause 12.3.18, Short-term duty overseas. |
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Trainee means a new entrant to the ADF who is on a trainee salary. This means a rate of salary under Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries. |
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Note: This definition does not apply to existing members of the Permanent Forces who are undergoing a form of in-service training mentioned in Schedule B.13. These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 clause 3.2.22. They are defined as members undergoing training. See: Clause 1.3.41, Member undergoing training |
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Training commitment means an obligation for a member to do specified reserve service for a specified period. The obligation is created under regulation 100 of the Defence (Personnel) Regulations 2002. Note: That regulation reads as follows. |
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(1) |
A Chief may determine a training period for each category of the Reserves in the Chief's Service. |
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(2) |
A Chief may determine requirements for the training that is to be carried out during a training period. |
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(3) |
A Chief may determine that a member is not required to comply with a requirement determined under subregulation (2). |
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(4) |
A member is bound to render, in each training period, service for the required period. |
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Note 1 See regulation 69. |
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Note 2 Different training periods, or training requirements, may be determined for: |
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(a) |
different parts of the categories of the Reserves; or |
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(b) |
different classes of members of the Reserves; or |
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(c) |
different periods. |
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See: Acts Interpretation Act 1901, subsection 33 (3A)." |
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Travel card means a charge card that the Department of Defence provides to a member. The member can use the card for any of these purposes, up to the specified monetary limits. |
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a. |
To pay accommodation, meals and incidental costs directly on behalf of the Commonwealth. |
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b. |
To get a cash advance to pay for accommodation if the travel card cannot be used to pay for the accommodation. |
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c. |
To get a cash advance to pay for meals and incidentals. |
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Note: The travel card is a Diner’s Club card. When the member pays for their Defence travel with the card, the cost is charged direct to the Commonwealth. Example: A hotel does not accept the travel card as the method of payment for a member's accommodation. The member could use the card to withdraw cash at an ATM, pay for the accommodation and get a receipt for their stay. |
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Warlike service means service in the Defence Force of a kind determined as warlike service for the purposes of the Veterans’ Entitlements Act 1986. |
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See: Section 5C of the Veterans' Entitlements Act 1986 |