Purpose
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G4.70 |
Special forces disability allowance is paid in recognition of the hazard and stress associated with service within the special forces environment. |
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1. |
Determination
No. 11 of 2002, Special Action Forces Allowance ("the repealed
Determination"), is repealed. |
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2. |
Despite
the repeal made by this Determination, clause 9 and the transitional
provisions of the repealed Determination continue to apply in relation to a
person who was covered by clause 9 and the transitional provisions
immediately before that repeal. |
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3. |
A
reference to the Chief of the Defence Force in this Determination, in
relation to a power or function, is taken to include a reference to a person
authorised by the Chief of the Defence Force to exercise a similar power or
function under the repealed Determination, if all of these conditions are
met: |
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a. |
the
Chief of the Defence Force was authorised to exercise a power or a function
in a provision of the repealed Determination; |
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b. |
the
Chief of the Defence Force authorised another person to exercise the power or
function on the Chief of the Defence Force's behalf; and |
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c. |
the authorised person did so exercise the power
or function. |
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4. |
If,
before the day this Determination commenced, a person complied with
conditions for an allowance under the repealed Determination: |
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a. |
the
person is taken to comply with the eligibility conditions set out in the new
Determination, as in force on or after the commencement day, in order to
qualify for a corresponding allowance under this Determination; and |
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b. |
any related approval, authority, instruction or
direction is taken to have been given, issued or granted under, and for the
purposes of, this Determination. |
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5. |
With
the exception of subclause 2, nothing in this Determination preserves or
maintains the monetary amount or value of an allowance under the repealed
Determination after the commencement day. |
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6. |
Nothing
in this Determination is taken to preserve or maintain payment of an
allowance to a person after the commencement day if there is a subsequent
change of the person’s circumstances that would end or vary payment of the
allowance. |
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7. |
After
the commencement day, this Determination, as in force on or after that day,
determines the monetary amount or value of the allowance to be paid. |
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This
Determination is taken to have commenced on 13 December 2007. |
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This
Determination creates a disability allowance to recognise the special nature
of work performed in or in support of Special Operations Command. |
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This
table defines terms used in this Determination. |
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Term |
Definition |
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4RAR (Cdo) |
Means the 4th
Battalion Commando, Royal Australian Regiment. |
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CDF |
Means the Chief of the
Defence Force. |
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Commando
Reinforcement |
Means a member who meets
both the following conditions. a. The member has successfully completed Commando
initial training. b. The member has commenced the commando
reinforcement training. |
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designated Special
Forces position |
Means a position that
is designated by the CDF as a Special Forces position. |
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member of Special
Forces Signals Squadron |
Means a member of 126 Signals Squadron,
152 Signals Squadron or 301 Commando Signals Squadron who meets both the
following conditions. a. The
member is not a qualified Special Forces member. b. The
member has successfully completed the Special Forces signals course. |
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member on designated
special duty |
Means a member for whom both the
following conditions are met. a. The member is posted or assigned for duty
for a period on a special operation designated by the CDF. b. The CDF is satisfied that the threat level
and hazards of the operation are not comprehended in any other allowance,
including special forces disability allowance, which would otherwise be
payable to the member for that period. |
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qualified
commando |
Means a member who meets
both the following conditions. a. The member has
successfully completed commando reinforcement training. b. The member is performing
duty in a designated special forces position. |
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qualified SAS member |
Means a member who meets both the following conditions. a. The member has successfully completed SAS
reinforcement training. b. The member is performing duty in a
designated special forces position. |
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SASR |
Means the Special Air
Service Regiment. |
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SAS
Reinforcement |
Means a member who meets
both the following conditions. a. The member has successfully completed the SASR initial
training. b. The member has commenced SAS reinforcement training. |
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SOCOMD |
Means
Special Operations Command. |
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Special Forces Training
Centre Instructor |
Means a qualified SAS
member or qualified commando employed at Special Forces Training Centre. |
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support member |
Means a member who CDF determines is
subject to both the following requirements. a. The
member is required to perform duty as on-line support for SOCOMD activities. b. The
member is on continuous short notice to move. |
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TAG East |
Means the Tactical
Assault Group (counter-terrorist company) of 4RAR. |
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TAG West |
Means the
counter-terrorist capability of the SASR. |
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Persons who can make the
decisions under clause 4 on behalf of the CDF: |
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definition
of: designated Special Forces position |
Deputy
Special Operations Commander Australia Special
Operations Commander Australia |
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definition of: member on designated special duty |
Special Operations
Commander Australia |
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definition of: support member |
Special Operations
Commander Australia Commanding
Officer Special Air Service Regiment Commanding
Officer 4th Battalion, Royal Australian Regiment (Commando) Commanding
Officer 1 Commando Regiment Commanding
Officer Incident Response Regiment Commanding
Officer Special Operations Logistic Squadron Commandant
Special Forces Training Centre Staff
Officer Special Operations Headquarters |
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In
this Determination, a reference to the Chief of the Defence Force includes a
reference to a person the Chief of the Defence Force has authorised to
exercise administrative powers vested in the Chief of the Defence Force under
this Determination. |
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1. |
This
clause applies to a member who performs continuous full-time service in a
designated Special Forces position. |
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2. |
The
member is to be paid the allowance at the rate listed in column 4 for the
member's position in column 2 of Schedule 1. |
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3. |
A
qualified commando who has commenced SASR initial training or SAS reinforcement
training is to be paid the relevant rate of allowance in column 4 or 5 of
item 2 of Schedule 1. |
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See: Schedule 1 can be found in Annex
4.3.D, Allowance rates |
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A
support member is to be paid the relevant rate of allowance in column 4 or 5
of item 17 of Schedule 1. See: Schedule 1 can be found in Annex
4.3.D, Allowance rates |
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A
qualified SAS member or qualified commando who is on Reserve service is to be
paid the daily rate of allowance listed in column 5 for the member's position
in column 2 of Schedule 1, for each day or part day that the member performs
duty in any of the following units. See: Schedule 1 can be found in Annex
4.3.D, Allowance rates |
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a. |
Special
Forces Training Centre. |
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b. |
4RAR. |
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c. |
SASR. |
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d. |
1st
Commando Regiment. |
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1. |
This
clause applies to a member on designated special duty. |
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2. |
The
member is to be paid the allowance at the relevant daily rate listed at
column 5 of items 19, 20 or 21 of Schedule 1. See: Schedule 1 can be found in Annex
4.3.D, Allowance rates |
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3. |
For
any period in which an amount is payable under this clause, deployment and
international campaign allowances are not payable and subclause 10.2 applies. |
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1. |
A
member who is eligible for allowance for specialist operations and special
forces disability allowance for the same period is to be paid the special forces
disability allowance but not the allowance for specialist operations. |
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2. |
If
a member is paid special forces disability allowance, the effect on the
member's eligibility (if any) for the following disability allowances
determined under section 58H of the Defence
Act 1903 is prescribed in column 6 of Schedule 1. |
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a. |
Adventurous
training instructor allowance. |
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b. |
Arduous
conditions allowance. |
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c. |
Diving
allowance. |
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d. |
Field
allowance. |
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e. |
Flight
duties allowance. |
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f. |
Flying
allowance. |
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g. |
Hard
lying allowance. |
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h. |
P |
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i. |
Seagoing
allowance. |
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j. |
Subject
to subclause 10.1 – Allowance for specialist operations. |
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k. |
Submarine
escape allowance. |
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l. |
Submarine
service allowance. |
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A
member who performs continuous full-time service in a designated position in the
Incident Response Regiment is to be paid the allowance at the rate listed in
column 4 or 5 for the member's position under Schedule 1. See: Schedule 1 can be found in Annex
4.3.D, Allowance rates |
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A
member of the Reserve Forces who is used to supplement the Incident Response Regiment
on an exercise or operation is to be paid the allowance at the daily rate
listed in column 5 for the member's position under Schedule 1. See: Schedule 1 can be found in Annex
4.3.D, Allowance rates |
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To
avoid doubt, the relevant rate of allowance under this Determination for a member
who performs Reserve service is the daily rate. |
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1. |
Annual
rates of the allowance are payable on a fortnightly basis. |
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2. |
A
fortnightly amount for the purpose of subclause 1 is worked out using these
steps. |
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a. |
Multiply
the annual rate of payment by 14. |
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b. |
Divide
that amount by 365. |
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c. |
The
result is the fortnightly rate of payment. |
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3. |
The
daily rate of any payment is worked out as one fourteenth part of the
fortnightly rate of payment, rounded to the nearest cent. |
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Clause |
Amendments |
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9. |
Substituted by: DFRT No. 8 of 2009. |
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10. |
Amended by: DFRT No. 17 of 2008. |
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Schedule 1 |
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Amended by: DFRT Nos. 10 and 17 of 2008. Substituted by: DFRT No. 8 of 2009. |
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1. |
DFRT Determination 5 of 2008 has been amended by DFRT Determination Nos. 10 and 17 of 2008; No. 8 of 2009. |