PACMAN Chapter 4 Part 1 Division 1: Introduction

Division 1: Introduction

TAX ALERT: PACMATE Annex 3.A, item 23.

4.1.3    Overview
4.1.4    Contents
4.1.5    Purpose
4.1.6    Definitions

4.1.3 Overview

1.	ADF members may be paid higher duties allowance for employment in established higher positions including the Permanent Forces, Reserves, Defence APS positions and exchange positions.
2.	Payment of higher duties allowance when a member fills a vacant higher ranked position is not automatic. To be eligible for the allowance, members must meet these conditions.
	a.	They must be directed to perform the higher duties for a minimum of five working days. See: Division 3 clauses 4.1.13 to 4.1.15.
	b.	They must meet all the conditions specified in this Part.
3.	These basic principles can be seen in the limits on higher duties allowance in this Part.
	a.	Higher duties allowance is not paid when there is no difference between the member's rank and the rank of the higher position.
	b.	The member may perform higher duties in a position one rank higher than their own. The member must perform all of the duties of the higher position for the allowance to be payable.
	c.	A member cannot be paid higher duties allowance for a level of professional or trade competence that they do not hold. A member must possess all the required skills and experience to be effective at the higher level or rank, before they can be paid at a higher rate. Example 1: A member who is a specialist officer, or an Other Rank member using skills specific to their employment category, must be competent to perform the full duties belonging to the higher employment level, skill grade or rank if full performance is claimed. Example 2: Higher duties allowance is not payable for movement between employment levels within a rank.
	d.	The requirements of specialist officer and Other Rank employment category skills and experience are set out administratively under the career structures approved by the DFRT.
	e.	Trainees are not eligible for higher duties.
4.	An eligible member may be paid higher duties allowance for any of these situations.
	a.	Full performance of a position one rank higher.
	b.	Full performance of a position two or more ranks higher.
	c.	Partial performance of a position two or more ranks higher.
	d.	Performance of duties in a higher position outside the ADF.

4.1.4 Contents

This Part includes these Divisions.

Division	Title	What is in it
1.	Introduction	Purpose, structure and definitions relating to this Part.
2.	Eligibility to perform higher duties	Describes the classes of member that are and are not eligible to perform higher duties.
3.	How to work out the amount of higher duties allowance	Describes how to work out the allowance. Includes conditions on the allowance.
4.	Termination of higher duties	Explains how a direction to perform higher duties ends.

Note: It is important to read Division 2 before Division 3. This is because Division 2 affects how the rules in Division 3 will apply.

4.1.5 Purpose

	This Part has two purposes.
	a.	To recognise when a member performs the duties of a position that attracts a higher responsibility than their own position.
	b.	To set out who is eligible for higher duties allowance, how the allowance is worked out, and how it can be ended.

4.1.6 Definitions

This table defines terms used in this Part.

Term	Definition in this Part
Competency level	This term applies only to specialist officers and Other Ranks. a. For a specialist officer, the competency level refers to their employment level. b. For an Other Rank member, the competency level is taken to refer to the skill grade they hold within their employment category.
Eligible member	A member who meets the conditions for eligibility set out in this Part.
Employment level	This term applies only to specialist officers. It refers to a recognised level of competence within a specialist officer competency based career structure. The term specifies the member's level of competence within their profession, instead of a remuneration level based solely on the member's rank. The employment level is the primary way that salary is set for a specialist officer.
Higher duties	Duties of a vacant position that is of a higher rank or employment level than the member’s substantive position, performed temporarily.
Other Rank member	A member who is paid under Schedule B.12 to Determination No. 15 of 2008, Salaries. See: Chapter 3 Part 1 Schedule B.12, Other rank members salary rates

Term	Definition in this Part
Specialist officer	A commissioned officer to whom salary is payable as a Chaplain, a dental officer, a legal officer or a medical officer.
Total remuneration	Salary and any annual rate of allowance payable to the member. Total remuneration does not include rent, uniform and higher duties allowances.
Vacant position	A position that is vacant for either of these reasons. a. It is temporarily vacant. b. A unit establishment position has not been filled. Exception: It does not include a position that has not been formally established. Examples: 1. A position might be defined as vacant when its occupant is absent for one of these reasons. a. They are on leave. b. They are on a training course. c. They are on temporary duty in another unit. 2. A member may be posted to an establishment vacancy. 3. A member may be directed to perform the duties of a vacant position within their unit. 4. The posting into an establishment vacancy in Example 2 may be a direction to perform long-term higher duties. The direction in Example 3 may be a direction to perform short-term higher duties.

PACMAN Reprint (August 2008) Chapter 4 – Part 1 Division 1 – 1