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TAX ALERT: PACMATE Annex 3.A, item 23. |
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This Division sets out these conditions for higher duties allowance. |
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a. |
The period of higher duties that must be served before payment of higher duties allowance begins. |
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b. |
The amount of the allowance. |
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c. |
Other variations and conditions. |
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1. |
A member becomes entitled to higher duties allowance after they perform higher duties for a continuous period of five days. |
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a. |
The five-day qualifying period begins on the day the direction to perform the higher duties begins. |
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b. |
The period does not include days when the member is not required to attend for duty. |
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Example 1: An eligible member on continuous full-time service works from Monday to Friday. They begin higher duties on Thursday. They complete the five days' continuous performance of the duties at the end of the following Wednesday. Because they are not normally required to attend for duty on Saturday, Sunday or public holidays, these days do not break the five-day period. Those days when the member is not required to attend for duty are not counted as part of the five-day period. Example 2: An eligible member on continuous full-time service works on a shift roster and begins higher duties on a shift day. They count the five-day qualifying period from the start of that day's work. They cannot count any days when they are rostered off duty toward the five days. However, the off-duty period does not break the continuity of the five days. This works the same way as a weekend would for a member working a normal business week. |
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2. |
When the member has completed the qualifying period they are entitled to be paid higher duties allowance from the first day of the qualifying period. |
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1. |
This clause applies to a member on Reserve service. |
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2. |
The member becomes entitled to higher duties allowance after they perform higher duties for a continuous aggregate period totalling five days. |
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a. |
The period begins on the day the direction to perform the higher duties begins. |
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b. |
The period includes any part-days when the member performs the higher duties. |
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c. |
The period does not include days when the member is not required to attend for duty. |
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Example: An eligible member on Reserve service performs 10 half-days continuously in a higher position. They add up those part-days to make a continuous period of five days. Non-example: An eligible member on Reserve service begins performing higher duties on Monday. They spend Tuesday working in another position performing other duties. They have broken the qualifying period of five days' continuous service in the higher position. They re-start the five-day period on the next day they perform higher duties. |
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3. |
When the member has completed the qualifying period they are entitled to be paid higher duties allowance from the first day of the qualifying period. |
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1. |
If required for the purposes of determining eligibility for higher duties, a member’s competence to perform the duties may be assessed by a Commanding Officer before a decision is made under clause 4.1.7 or 4.1.10. |
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2. |
The assessment must be completed within three months of the member's commencement of duties in the higher position. |
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3. |
The member can be paid for higher duties when these conditions are met. |
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a. |
The Commanding Officer decides that the member can competently perform the higher duties. See: |
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b. |
A five-day qualifying period in either clause 4.1.13 or 4.1.14 (whichever applies to the member) has been performed after the start of the assessment period. Note: This means that when the member has completed the qualifying period and the Commanding Officer has decided they can competently perform the duties under paragraph a., they are entitled to be paid higher duties allowance from the first day of the qualifying period. |
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1. |
An eligible member entitled to higher duties allowance is entitled to the difference between these two amounts. |
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a. |
Their total remuneration. |
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b. |
The total remuneration they would be entitled to if they were promoted to the rank belonging to the higher position, at the base ('on promotion') rate for that rank and, if applicable, a relevant competency level or pay grade actually held by the member. |
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Example: This means that the rate of higher duties allowance is worked out using the 'on-promotion', or base rate, of salary for the rank of the higher position. An eligible specialist officer or other rank is paid at the lowest rate for the competency level they hold at the higher rank. |
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2. |
A member does not get an incremental salary advancement for work in the higher position. Note: The short-term nature of higher duties means that increment rates are not relevant to higher duties allowance. |
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3. |
From |
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i. |
DFRT Determination No.4 of 2006, Flying and flight duties allowance. |
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ii. |
DFRT Determination No.11 of 2002, Special Action Forces allowance. |
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iii. |
DFRT Determination No.19 of 2002, Specialist Operations allowance. |
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iv. |
DFRT Determination No.9 of 1995, Submarine Service allowance. |
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Note: The
amount is still taken into account for higher duties allowance because it is
included in the member's salary from |
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A member is entitled to an allowance of 5% of their salary for the period of higher duties if the member meets all of the following conditions. |
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a. |
The member is a non-commissioned officer. |
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b. |
The member performs higher duties in a commissioned officer's position. |
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c. |
The member would be entitled to higher duties allowance under subclause 4.1.16, but their total remuneration is already higher than that of the higher position. |
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Example:
When a non-commissioned officer performs higher duties in a position with the
rank of a commissioned officer, the total remuneration for the higher ranked
position may be less than the amount they would usually receive. No higher
duties allowance would be payable under clause 4.1.16. This clause provides
that the member would get an extra 5% of their salary (excluding service
allowance) for the period of the higher duties. |
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1. |
This clause applies to an eligible member who meets all these criteria. |
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a. |
They are in a specialist officer career structure. |
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b. |
They perform higher duties. |
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c. |
They would be entitled to higher duties allowance under subclause 4.1.16, but their total remuneration is already higher than that of the higher position. |
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2. |
The member is entitled to an allowance for the period of higher duties. The allowance is equal to the difference between these two amounts. |
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a. |
Their substantive salary. |
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b. |
The salary at the next highest increment for their competency level at the higher rank. |
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3. |
If there is no higher increment at the member’s competency level that can be used to work out a higher duties allowance, then the member is entitled to an allowance of 5% of their salary for the period of higher duties. |
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1. |
This clause applies to an eligible member who performs higher duties in a position with the rank of Brigadier. |
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2. |
The member is entitled to an allowance equal to the higher of the following amounts. |
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a. |
An amount calculated under clause 4.1.16. See: Clause 4.1.16, Amount of higher duties allowance – general |
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b. |
An amount equal to 5% of the member's salary for the period of higher duties. |
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1. |
In this clause, the later rate is an amount of higher duties allowance that could be paid to a member for a period, based on salary rates determined by the DFRT on or after 24 December 2008 and before 1 July 2009. |
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2. |
This clause applies to a member to whom higher duties allowance is payable between 4 September 2008 and 1 July 2009. |
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3. |
The following table sets out transitional benefits
relating to a period of higher duties allowance performed by the member. |
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Item |
If
a rate of higher duties allowance paid to the member in this period... |
differs
from the later rate because it
is... |
then
the member is to be paid... |
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1. |
4 September 2008 and
23 December 2008 |
lower than the later rate |
the difference between the rate
actually paid and the later rate, for the period of the higher duties. |
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2. |
4 September 2008 to
23 December 2008 |
higher than the later rate |
no additional amount is payable
and the member retains the amount actually paid for the higher duties. |
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3. |
24 December to 30 June 2009 |
lower than the rate that would
have been payable to the member if salary structure and rates had not changed
in the period |
the difference between the rate
actually paid and the later rate, for the period of the higher duties. |
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4. |
24 December to 30 June 2009 |
higher than the rate that would
have been payable to the member if salary structure and rates had not changed
in the period |
no additional amount is payable
and the member retains the amount actually paid for the higher duties. |
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5. |
commencing before 1 July 2009
and continuing until any day after 1 July 2009 |
lower than the rate that would have
been payable to the member if salary structure and rates had not changed in
the period before 1 July |
the difference between the rate
actually paid and the later rate, until the end of the period for which
higher duties allowance is approved. |
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1. |
This clause applies to an eligible member who is performing higher duties and goes on any period of paid leave. |
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2. |
The member's period of higher duties includes the period of leave if both these conditions are met. |
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a. |
They are posted to the higher position. |
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b. |
The period of leave is two months or less. Note: This rule applies for each individual absence. |
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3. |
The member's period of higher duties includes the period of leave if all these conditions are met. |
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a. |
They are not posted to the higher position. |
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b. |
The period of leave is one month or less. Note: This rule applies for each individual absence. Exception: If the leave occurs immediately before the member goes on a new posting, subclause 4 applies. |
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c. |
They continue to perform in the higher position on return from leave. |
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4. |
The member's period of higher duties includes the period of leave if all these conditions are met. |
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a. |
They are not posted to the higher position. |
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b. |
The period of leave meets either of these conditions. |
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i. |
It extends for between one and two months. |
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ii. |
It occurs immediately before the member goes on a new posting. |
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Note: This rule applies for each individual absence. |
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c. |
The CDF certifies in writing the period that the member would have continued to perform the duties but for the leave. The CDF must justify an extension of payment for higher duties for a maximum period of two months of leave. |
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5. |
This clause applies even if another person performs the higher duties while the member is on leave. |
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Persons who can make the decision under paragraph 4.1.19.4.c on behalf of the CDF: An officer not below the rank of Brigadier(E)/SES Band appointment within the member's chain of command Director General Navy People Director General Personnel – Army Director General Personnel – Air Force Force Element Group Commander – Air Force |
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Note: For higher duties allowance to be included in a payment instead of leave, see these references. |
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a. |
Recreation leave. See: Chapter 5 Part 2 Division 6 clause 5.2.32, Payment instead of recreation leave. |
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b. |
Long service leave. See: Chapter 5 Part 3 Division 5 clause 5.3.27, Member on higher duties, temporary or acting rank. |
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1. |
This clause applies if a member is directed to perform some or all of the duties of a vacant position that is two or more ranks higher than the member’s substantive rank. Note 1: If a member is to perform only part of the duties of a higher position, they must be informed which of the duties they need to perform. Note 2: A non-Commissioned Officer performing the duties of an officer does not of itself require performance of duties that are two or more ranks higher. Example: A Sergeant performing the duties of a Captain would be a difference in responsibility that could be considered under this clause. Non-example: A Sergeant performing the duties of a Lieutenant would normally be considered under Division 2 clause 4.1.7. |
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2. |
The CDF may determine a suitable higher rank or employment level for the purpose of working out a rate of higher duties allowance under this clause. |
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3. |
The rate of higher duties allowance worked out under subclause 2 is limited to the 'on-promotion' or base rate of salary for the higher rank or employment level. |
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4. |
For subclause 2, the CDF must consider all these factors. |
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a. |
The duties that the member is required to perform. |
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b. |
The member’s level of competence in performing the duties. |
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c. |
Any restriction on the rank the member can be promoted to. Example: The difference between a specialist officer’s or Other Rank member’s actual competency level and the competency level of the higher position. |
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d. |
Any other factor relevant to the member’s performance of the duties. |
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Example: A member is directed to act in a position two ranks higher than their substantive rank. The CDF determines to pay them at a salary only one rank higher than their substantive rank because the member cannot perform all of the duties of the position. |
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5. |
Partial performance is not payable to a specialist officer or Other Rank member who performs duties at a higher competency level within their substantive rank. |
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6. |
If a member would be entitled to higher duties allowance at the next highest rank as a result of the decision under subclause 2, then both that decision and the direction to the member to perform partial higher duties may be made by a member (the directing member) who meets all of these conditions. |
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a. |
The vacant position to be filled is at the rank of Major or below. |
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b. |
The vacant position is not a specialist officer position. |
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c. |
The directing member is within the same unit as the member they direct to perform higher duties. |
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d. |
The directing member is at least one rank higher than the vacant position. |
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e. |
The directing member is in the chain of command of the member who they direct to perform in the vacant position. |
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f. |
The directing member is satisfied that the duties of the vacant position are not already, or cannot be, distributed among other members. |
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g. |
The directing member is satisfied that the member can perform the duties competently. Note: Each decision under this subclause must be made separately after considering the individual member's ability. It is not possible to direct several members to perform higher duties at once. |
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Persons who can make the decision under subclause 4.1.20.2 on behalf of the CDF: An officer not below the rank of Brigadier(E)/SES Band appointment within the member's chain of command Director General Navy People Director General Personnel – Army Director General Personnel – Air Force Force Element Group Commander – Air Force |
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1. |
This clause applies if an eligible member is directed to perform higher duties in a position that is not in the ADF. This includes a position in a foreign force or the APS. |
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Note 1: A member who serves in a foreign force is remunerated under an administrative arrangement. It is called a memorandum of understanding (MOU) and is made between the Commonwealth and the foreign force’s governing body. Note 2: The member does not become a member of the other Service. |
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2. |
The member's rate of higher duties allowance is worked out using the rank, employment category or employment level that the CDF determines as suitable for the duties. |
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3. |
For subclause 2, the CDF must consider a written submission from the member’s Commanding Officer or supervisor. The submission must address all these criteria. |
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a. |
The nature and complexity of the duties. |
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b. |
The responsibilities involved in performing the duties. |
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c. |
The level of supervision to be exercised when performing the duties. |
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d. |
The level of accountability for personnel, finance, machinery or other equipment. |
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e. |
If applicable, any APS classification that would normally apply to the duties. See: Chapter 1 Part 4 clause 1.4.3, ADF ranks and APS classifications. (This reference is policy guidance) |
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f. |
Any other factor relevant to performance of the duties. |
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Persons who can make the decisions under subclause 4.1.21.2 on behalf of the CDF: An officer not below the rank of Brigadier(E)/SES Band appointment within the member's chain of command Director General Navy People Director General Personnel – Army Director General Personnel – Air Force Force Element Group Commander – Air Force |