3.5.79 Purpose
3.5.80 Effective
service
3.5.81 Members
this Division applies to
3.5.82 Members
this Division does not apply to
3.5.83 How to apply
for a bonus
3.5.84 Acceptance
of application
3.5.85 Payment of
the bonus
3.5.86 Extension
or reduction of the period of service
3.5.87 Bonus
not payable when a member leaves the scheme
3.5.88 Pro
rata payment of bonus when member leaves the scheme
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This Division provides a retention bonus for sailors in Navy Combat Systems Operator employment category in the Navy. The payment is designed to encourage members to stay in the category. |
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1. |
For the purpose of this Division, effective service means service that meets all these conditions. |
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a. |
It is continuous fill-time service. |
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b. |
It is paid. Exception: Unpaid leave of less than 21 calendar days. |
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c. |
It is not ineffective service under subclauses 2 or 3. |
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2. |
This table lists a range of leave types and activities and sets out how a period of that leave or activity counts toward member's period of effective service. |
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Item |
Activity |
Effect |
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1. |
Part time leave without pay |
The unpaid component of a part-time leave without pay working pattern does not count as effective service. |
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2. |
Leave at full pay Examples: Recreation leave, full pay long service leave |
The whole period counts as effective service. |
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3. |
Unpaid leave for less than 21 calendar days Examples: Leave without pay, maternity leave without pay |
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4. |
Unpaid leave for 21 calendar days or more Examples: Leave without pay, maternity leave without pay |
The whole period does not count as effective service |
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5. |
Absence without leave |
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6. |
Imprisonment, detention or suspension from duty without pay |
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7. |
Leave at half pay Example: Long service leave at half pay |
Half the period of the leave counts as effective service. |
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8. |
An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005. |
The whole period does not count as effective service. |
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9. |
A period when the member was discharging another undertaking for further service. Exception: An undertaking for further service associated with a promotion. |
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10. |
A period when the member was discharging another return of service obligation, and item 11 of this table does not apply. |
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11. |
A period when the member is discharging a return of serviced obligation, that is associated with the relevant training or an overseas posting. Exception: A period of initial category training.
In this table, relevant training means professional or trade training that is directly relevant to the member's occupation. |
For this member, any of these periods are effective service. a. The period of the training. b. The period of the overseas posting. c. The period of the return of service obligation. |
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1. |
A member who meets all the following conditions is eligible to apply for a completion bonus under this Division. |
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a. |
They have completed the initial minimum period of service (IMPS). Note: This concept is defined in Determination 12A, made by the Chief of Navy under sub-regulations 90(6), 90(7), 91(2), 97(3), 97(6) and 98(2) of the Defence (Personnel) Regulations 2002. Related Information: Determination 12A can be found in Defence Instruction (General) 33–5, Arrangements for service in the Australian Defence Force |
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b. |
They hold any of the following ranks. |
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i. |
Able Seaman. |
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ii. |
Leading Seaman. |
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iii. |
Petty Officer. |
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c. |
They are entitled to salary for a Combat Systems Operator employment category mentioned in Schedule B.11 Part 1 of DFRT Determination No. 15 of 2008, Salaries, including the following descriptions. |
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i. |
Combat System Operator. |
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ii. |
Combat Systems Operator (Anti Submarine Warfare/Anti Surface Air Controller). |
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iii. |
Combat System Supervisor. |
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iv. |
Combat Systems Supervisor (Anti Submarine Warfare/Anti Surface Air Controller). |
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2. |
An eligible member who has less than three years to serve from the date of their application until the end of their current fixed period of service or enlistment is taken not to be eligible. Exception: A member is eligible if they seek an extension for the three year period of the completion bonus to whichever of the following limits is relevant. |
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a. |
The member's fixed period of service. |
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b. |
The member's compulsory retirement age. |
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See: For p Example: A Petty Officer Combat Systems Operator is on a fixed period of
service that is due to end on |
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3. |
This
Division ceases to apply on |
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A member in any of the following circumstances is not eligible to apply for a completion bonus under this Division. |
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a. |
The member is serving an initial minimum period of service (IMPS). |
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b. |
The member is an officer. |
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c. |
The member is serving a period of undertaking for further service, under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005. |
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d. |
The member first meets the conditions for eligibility under subclause 3.5.81.1 after 1 July 2009. |
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e. |
The member is the Combat Systems Operator (Mine Warfare) employment category. |
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1. |
A member may apply to undertake three years' service for the purpose of the completion bonus in this Division. |
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2. |
An application must be made on the application form at Parts A to D of Annex 3.5.L. See: Annex 3.5.L, Forms for Navy – Combat Systems Operator (sailors) completion bonus. |
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3. |
The
application must be made before |
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1. |
The CDF may accept an eligible member's application in writing. |
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2. |
Upon notification of acceptance of an application by CDF, the member's undertaking to serve under this Division is taken to have commenced on whichever of the following dates is relevant. |
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a. |
For
a member who is eligible on the day they apply to undertake service under
this Division – the first day on or after |
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b. |
For a member who becomes eligible after they lodge an application – the day the member first becomes eligible to make an undertaking for this Division under clause 3.5.81. |
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Persons who can make the decision under subclause 3.5.84.1 on behalf of the CDF: Director Navy People Career Management Agency |
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1. |
The member is to be paid a completion bonus at the rate in the table for the member's rank, if they complete three years of eligible service in accordance with their undertaking under this Division and that service is all effective. |
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Item |
A member with the rank of ... |
is entitled to a bonus amount of... |
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1. |
Able Seaman |
$18,000 |
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2. |
Leading Seaman |
$18,000 |
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3. |
Petty Officer |
$12,000 |
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Related Information: Clause 3.5.86 explains how the bonus is worked out for a member who provides ineffective service during the three-year period of their undertaking. |
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2. |
If the member holds more than one rank listed in the table during the period of effective service, then the member is to be paid a pro rata bonus amount for each part of the period served at a different rate. |
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Example: A member serves one year as a Leading Seaman and then is promoted and
serves a further two years as a Petty Officer. |
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3. |
A member may elect the method of payment for the bonus using the forms at Part C and D of Annex 3.5.L. |
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4. |
Despite subclause 3, the completion bonus may only be paid into the member's normal pay account, if either of the following circumstances applies to the member. |
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a. |
The member does not nominate payment details in the forms at Part C and D of Annex 3.5.L. |
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b. |
The member first applies under this Division after the date on which the completion bonus would have been payable to the member, had they applied before that time. |
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1. |
If at the end of three years from the date the member is taken to have commenced to serve under this Division, the member has not completed three years of effective service, the amount of the bonus may be paid at a reduced rate. |
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2. |
The reduced rate is the amount of bonus less a pro rata amount for the period of non-effective service, worked out based on the rate of bonus applicable to the member at the time the non-effective service occurred. |
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3. |
The member may elect in writing to continue serving under this Division until they have completed the full three years of effective service, using the form at Part E of Annex 3.5.L. |
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4. |
If the member makes an election under subclause 3, and completes the full three years of effective service, the bonus becomes payable to them under clause 3.5.85. |
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5. |
If the member makes an election under subclause 3 and cannot complete the full three years of effective service before this Division ceases to apply on 1 July 2012, then the member may be paid a pro rata amount of completion bonus for the period of effective service that they have performed under this Division. |
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A member who has applied for a bonus under this Division ceases to be eligible for the bonus if they meet any of these conditions. |
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a. |
The member voluntarily transfers out of a Combat Systems Operator employment category mentioned in Schedule B.11 Part 1 of DFRT Determination No. 15 of 2008, Salaries. |
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b. |
The member voluntarily transfers to the Reserve Forces. |
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c. |
The member resigns. |
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A member who has applied for a bonus under this Division is eligible for a pro rata payment of the bonus under clause 3.5.85 if their service under this Division ceases for one of these reasons. |
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a. |
The member dies. |
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b. |
The member is promoted to Chief Petty Officer. |
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c. |
The member is commissioned as an officer. |
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d. |
The member applies to extend their period of service or enlistment but the extension is refused. |
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e. |
The member's service is terminated due to physical or mental incapacity that is not within the member's control. See: Regulation 87 Defence (Personnel) Regulations 2002. |
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f. |
The member commences an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005. |
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g. |
For Service reasons, the member is transferred out of a Combat Systems Operator employment category mentioned in Schedule B.11 Part 1 of DFRT Determination No. 15 of 2008, Salaries. |
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h. |
The member is made redundant or retrenched. |
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i. |
The member is reduced in rank to a rank that is not eligible under this Division |
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j. |
The bonus scheme ceases. |