PACMAN Chapter 3 Part 5 Division 31: Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme

Division 31: Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme

3.5.296   Purpose
3.5.297   Payments under this scheme
3.5.298   Member who is eligible under this Division
3.5.299   Member who is not eligible under this Division
3.5.300   Applying for the scheme
3.5.301   Acceptance
3.5.302   Service that counts towards a member's retention bonus
3.5.303   Payment of the retention bonus
3.5.304   Additional payment when member gains Advanced Clearance Diver qualification
3.5.305   Repayment when member leaves scheme
3.5.306   Administration of payment

3.5.296 Purpose

This Division provides a retention bonus for Clearance Divers and Mine Warfare Clearance Diving Officers in the Navy.

3.5.297 Payments under this scheme

This Division provides for a bonus conditional on a member achieving an employment category, qualification or specialisation set out in paragraph a. or b.
a.	A payment of $25,000 to Clearance Divers who do not hold the Advanced Clearance Diver qualification.
b.	A payment of $45,000 to the following members.
	i.	Clearance Divers who hold the Advanced Clearance Diver qualification.
	ii.	Mine Warfare Clearance Diving Officers.

3.5.298 Member who is eligible under this Division

A member who meets all of the following conditions is eligible to apply for a bonus under this Division.
a.	The member is serving in either of the following circumstances.
	i.	As a member of the Permanent Navy.
	ii.	As a member of the Navy Reserve who is rendering a specified period of continuous full-time service. See: Subsection 32A(3) Naval Defence Act 1910
b.	The member has completed an initial minimum period of service. 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.
c.	The member is in one of the following classes as determined by the DFRT from time to time.
	i.	A Clearance Diver employment category specified under Schedule B.9 (Warrant Officer Class 1) or Schedule B.11 (Other Ranks) of DFRT Determination No. 15 of 2008, Salaries.
	ii.	A Mine Warfare Clearance Diving Officer employment category specified under Part 2, Schedule B.2 (Officer) of DFRT Determination No. 15 of 2008, Salaries.
d.	The member holds one of the following ranks.
	i.	Leading Seaman.
	ii.	Petty Officer.
	iii.	Chief Petty Officer.
	iv.	Warrant Officer.
	v.	Lieutenant.
	vi.	Lieutenant Commander.
e.	The member agrees to provide three years of effective service using the form at Annex 3.5.ZG. See: Annex 3.5.ZG, Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme

3.5.299 Member who is not eligible under this Division

	A member in any of the following circumstances is not eligible to apply for a bonus under this Division.
	a.	The member first meets a condition for eligibility under paragraphs 3.5.298.1.a – 3.5.298.1.d after 30 April 2009.
	b.	The member has been selected for promotion to a rank not listed in paragraph 3.5.298.1.d. See: Clause 3.5.298, Member who is eligible under this Division
	c.	The member will reach compulsory retirement age before the end of the three year period of service that the member must perform in return for the retention bonus, and the Chief of Navy has not accepted the member's application to have the member's retirement date extended to cover that period of service.
	d.	The member's fixed period of service will end before the end of the three year period of service that the member must perform in return for the retention bonus, and the Chief of Navy has not accepted the member's application to have the fixed period of service extended to cover that period of service.

3.5.300 Applying for the scheme

1.	An eligible member may apply to join the scheme by taking both of the following actions.
	a.	Completing the prescribed form at Annex 3.5.ZG. See: Annex 3.5.ZG, Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme
	b.	Undertake to serve for three years in the scheme (this is called the *agreed period of service*).
2.	The application must state the member's employment category or specialisation, and the amount of retention bonus the member is applying for. See: Clause 3.5.303, Payment of the retention bonus
3.	An eligible member may apply for a bonus under this Division until the relevant date.
	a.	30 April 2009.
	b.	A date before 31 May 2009 that Deputy Director Navy People Career Management Agency decides is reasonable, having regard to the member's circumstances. Example: The Deputy Director Navy People Career Management Agency decides to extend a member's ability to apply because the member is deployed for six months in an area where there is no ability to send an application form.
4.	A member may only join the scheme once.
5.	A member must be notified of the outcome of their application.

3.5.301 Acceptance

An eligible member's application may be accepted by the Director Navy People Career Management Agency.

A member whose application has been accepted is taken to have undertaken to serve from the date the form at Annex 3.5.ZG is signed and witnessed.

See: Annex 3.5.ZG, Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme

3.5.302 Service that counts towards a member's retention bonus

1.	The three year *agreed period of service* the member undertakes to perform in return for the retention bonus must be served as effective service. Note: It will take the member longer than the period they initially agreed to finish their *agreed period of service*, if they spend any time on ineffective service.
2.	For the purpose of a retention bonus under this Division, *effective service* means service that meets all the following conditions.
	a.	It is continuous full time service.
	b.	It is paid. Exception: Unpaid leave of less than 21 calendar days.
	c.	It is not ineffective service under subclause 3.
3.	This table lists a range of leave types and events and sets out how a period of that leave or activity counts towards a member's period of effective service.

Item	Activity	Effect
1.	Part-time leave without pay.	The paid component counts as effective service.
2.	Leave at full pay. Examples: Recreation leave, full pay long service leave.	The whole period of this leave counts as effective service.
3.	Unpaid leave for less than 21 calendar days. Example: Leave without pay	The whole period of this leave counts as effective service.
4.	Leave at half pay. Example: Long service leave at half pay.	Half the period of the leave counts as effective service.
5.	Unpaid leave for 21 calendar days or more. Example: Leave without pay	The period for which the member is in this situation does not count as effective service.
6.	Absence without leave.
7.	Imprisonment, detention or suspension from duty without pay.
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.
9.	A period when the member was discharging a return of service obligation or another undertaking for further service. Exception: An undertaking for further service associated with a promotion.

3.5.303 Payment of the retention bonus

1.	A member whose application for the scheme has been accepted is to be paid a retention bonus payment under this clause.
2.	A member is entitled to a retention bonus payment amount assessed under the following table.

Item	A member who is a...	is to be paid to a retention bonus of...
1.	Clearance Diver who does not hold Advanced Clearance Diver qualifications	$25,000.
2.	Clearance Diver who holds Advanced Clearance Diver qualifications	$45,000.
3.	Mine Warfare Clearance Diving Officers	$45,000.

3.5.304 Additional payment when member gains Advanced Clearance Diver qualification

This clause applies to a member who is paid a retention bonus at the rate in item 1 of the table in subclause 3.5.303.2.

See: Clause 3.5.303, Payment of the retention bonus

If the member gains the Advanced Clearance Diver qualification or Mine Warfare Clearance Diving Officers' qualification within three years of their application to join the scheme being accepted, then the member is to be paid an additional $20,000.

3.5.305 Repayment when member leaves scheme

1.	If a member fails to complete their agreed period of service under this Division for any of the following reasons, they are not required to repay any part of the retention bonus or additional payment (if applicable).
	a.	The Director General Navy Personnel and Training determines that the member's reason for ceasing to serve in the Navy is beyond the member's control. Example: The member is terminated because of medical unfitness, or dies.
	b.	The member transfers from the Permanent Force to the Reserves at Navy's initiative. Authority: Chapter 8 Part 2 Division 2 or 3 of the Defence (Personnel) Regulations 2002.
2.	A member will be required to repay the full amount of the retention bonus including any additional payment (if applicable) if they fail to complete their agreed period of service for any of the following reasons.
	a.	The member voluntarily leaves the Clearance Diver employment category or the Mine Warfare Clearance Diving Officer specialisation.
	b.	The member voluntarily transfers out of the Navy.
	c.	The member voluntarily transfers to the Reserves.
	d.	The member voluntarily applies to terminate service in the Permanent Force.
	e.	The member's service is terminated for disciplinary reasons.

3.5.306 Administration of payment

1.	A member may nominate payment details for the retention bonus, subject to these conditions.
	a.	The form must be completed before the day the payment is due.
	b.	The nomination must be on the form at Annex 3.5.ZG See: Parts C and D of Annex 3.5.ZG, Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme
2.	If a member does not nominate payment details in the form at Annex 3.5.ZG, the retention bonus may only be paid into the member's normal pay account.

PACMAN AL4 (February 2009) Chapter 3 – Part 5 Division 31 – 6