PACMAN Chapter 4 Part 1 Division 2: Eligibility to perform higher duties

Division 2: Eligibility to perform higher duties

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

4.1.7    Member eligible to perform higher duties
4.1.8    Member not eligible to perform higher duties
4.1.9    Period of higher duties
4.1.10   Posting to higher duties
4.1.11   Conditions and limits on higher duties

4.1.7 Member eligible to perform higher duties

A member is eligible to perform higher duties if they meet all these conditions.
a.	They are entitled to salary.
b.	They are directed to perform the higher duties for a period by another member. The directing member must meet all these conditions.
	i.	They are at least one rank higher than the vacant position.
	ii.	They are in the chain of command of the member who they direct to perform in the vacant position.
	iii.	They are satisfied that the duties of the vacant position are not already, or cannot be, distributed among other members.
	iv.	They are satisfied that the member can perform the duties of the position competently. They must consider whether the member meets paragraph c.
c.	They have the recognised professional, trade or specialist skills needed to perform the duties in either of these ways.
	i.	The full duties of the vacant position.
	ii.	Partial duties of the vacant position under clause 4.1.20. See: Division 3 Clause 4.1.20, Partial performance and performance in a position two or more ranks higher.
Example: A non-commissioned officer is directed to act at a higher rank in a commissioned officer's position. They are able to satisfy the requirements for the higher rank and position. They would be entitled to higher duties allowance at the lowest salary rate for the higher rank, subject to clause 4.1.17. Non-example: The principle in paragraph 4.1.7.c means that a specialist officer may be directed to perform the duties of a higher rank and employment level. However, they might not meet the qualification requirements for the higher employment level. The specialist officer would be ineligible to perform higher duties in that position. They could act at a higher rank, but would only be eligible for higher duties allowance for positions at their existing employment level. See: Division 3 clause 4.1.20 for how partial higher duties might apply. Note: The direction to perform higher duties under paragraph 4.1.7.b is recorded on Form AD288 – Approval for payment of higher duties. (This reference is policy guidance)

4.1.8 Member not eligible to perform higher duties

A trainee is not eligible to perform higher duties.

A specialist officer or Other Rank member is not eligible to perform higher duties where the higher position requires them to have a qualification in a professional or trade competence that they do not hold.

Exception: They may still be eligible to perform partial higher duties based on the rank component of the higher position.

See: Division 3 clause 4.1.20, Partial performance and performance in a position two or more ranks higher.

4.1.9 Period of higher duties

The direction to perform higher duties under paragraph 4.1.7.b can be given for a maximum period of three months, unless the member has been posted into the higher position, when the direction can be for a longer period.

See: The table in subclause 4.1.11.2, which shows some specific situations with a maximum fixed period for the direction to perform higher duties. A direction can be made more than once.

See also: Division 3 clause 4.1.19, which deals with payment of higher duties allowance during leave.

4.1.10 Posting to higher duties

	A posting order may only be taken as a direction to perform higher duties in the posted position if the member's Commanding Officer is satisfied that the member meets both of these conditions.
	a.	The member is able to competently perform the full higher duties of the position.
	b.	The member will be performing the higher duties in the posted position.
	Example 1: If a member’s ability to perform higher duties is in doubt, the member’s competence to perform the duties as directed in the posting order may be assessed. This assessment should occur as soon as practicable on commencement of duties. Once the Commanding Officer is satisfied, the member can be paid for higher duties from the start of the assessment period.
	Example 2: The Commanding Officer may not know enough about the specialist career structure or trade duties required by a higher position to work out whether a member would be competent to perform in that position. The Commanding Officer should consult the relevant Service authority for setting competency levels within the member's employment category or profession. They can explain whether the competency levels held are sufficient to perform the higher duties. If the advice says that the member's competency levels are sufficient, then the Commanding Officer can make the decision about whether the member is competent to perform the duties of the higher position.

4.1.11 Conditions and limits on higher duties

Table 1 below shows the eligibility for higher duties allowance that applies to members in various situations.

Table 2 below shows the eligibility for higher duties allowance that applies to specialist officers in various situations.

Related Information: Division 3 clause 4.1.21 explains when a member may perform higher duties in a position outside the ADF.

Table 1 GENERAL MEMBERS
Item	A member who is...	is then...
1.	posted into a higher ranked position	entitled to higher duties allowance for the higher rank of the posted position, if the Commanding Officer assesses that the member meets both these conditions. a. They are competently performing the full duties of the position. b. They hold the required competencies for the position. See: Clause 4.1.7, Member eligible to perform higher duties.
2.	directed to perform higher duties continuously for up to three months	eligible to perform higher duties for up to three months. Note: A new direction to perform higher duties may be made on review of the arrangements after three months.
3.	directed to perform higher duties continuously for longer than three months (without a posting order)
4.	on part-time leave without pay	able to be directed by the CDF to perform higher duties in a vacant position. The CDF must consider both the following matters.
		a.	Whether the duties of the position can be carried out effectively on a part-time basis.
		b.	Whether the member can perform the duties of the position competently while on part-time leave without pay.
		Note: A new direction to perform higher duties may be made on review of the arrangements after three months.
5.	directed to perform higher duties in a position two or more ranks higher than their substantive position	if the CDF approves under clause 4.1.20, entitled to higher duties allowance for either partial or full performance.
6.	on continuous full time service and directed to perform duty in a higher position in the Reserves that is not a full-time position	not entitled to higher duties allowance.
7.	a *trainee* or *member undergoing training* See: Chapter 1 Part 3 Division 1
8.	in the rank of Second Lieutenant and performs higher duties in the position of a Lieutenant	not entitled to higher duties allowance because there is no significant increase in responsibility between these ranks.
9.	in the rank of Seaman, Private or Aircraftman and performs higher duties in the position of an Able Seaman, Private Proficient or Leading Aircraftman
10.	in the rank of Private and performs higher duties in the position of Lance Corporal in the Army	only entitled to higher duties if the higher ranked position is an established position. Example: The position is an established position in an infantry unit.
11.	directed to perform higher duties in a higher ranked position to which a higher pay grade attaches	eligible for higher duties allowance for the higher rank but not for the higher pay grade.

Persons who can make the decision under subclause 4.1.11.2, table item 4, on behalf of the CDF:

A member who is at least one rank higher and in the chain of command of the member directed to perform in the vacant position.

Table 2 SPECIALIST OFFICERS
Item	A member who is a specialist officer directed to perform...	is then...
1.	at a higher rank at their existing employment level, when the higher rank does not include that employment level	entitled to higher duties allowance at the relevant rate listed in the applicable salary schedule. Note: If no relevant rate of salary exists, see Division 3 clause 4.1.18.
2.	in a position which is at a higher rank and higher employment level (which they do not hold)	if CDF approves under Division 3 clause 4.1.20, entitled to higher duties allowance for partial performance of the rank element only.
3.	in a position which is at a higher rank and employment level (which they do not hold) and who is not approved for partial performance	not entitled to higher duties allowance.
4.	at a higher employment level within their substantive rank	not entitled to higher duties allowance.

PACMAN AL11 (September 2009) Chapter 4 – Part 1 Division 2 – 1