Division 12: Special forces disability allowance

Purpose

G4.70

Special forces disability allowance is paid in recognition of the hazard and stress associated with service within the special forces environment.
[from DFRT Determination No 5 of 2008]
1    Repeal and savings

1.

Determination No. 11 of 2002, Special Action Forces Allowance ("the repealed Determination"), is repealed.

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Despite the repeal made by this Determination, clause 9 and the transitional provisions of the repealed Determination continue to apply in relation to a person who was covered by clause 9 and the transitional provisions immediately before that repeal.

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a reference to a person authorised by the Chief of the Defence Force to exercise a similar power or function under the repealed Determination, if all of these conditions are met:

 

a.

the Chief of the Defence Force was authorised to exercise a power or a function in a provision of the repealed Determination;

 

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

 

c.

the authorised person did so exercise the power or function.

4.

If, before the day this Determination commenced, a person complied with conditions for an allowance under the repealed Determination:

 

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

 

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.

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2, nothing in this Determination preserves or maintains the monetary amount or value of an allowance under the repealed Determination after the commencement day.

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.

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.
2    Commencement

 

This Determination is taken to have commenced on 13 December 2007.
3    Purpose

 

This Determination creates a disability allowance to recognise the special nature of work performed in or in support of Special Operations Command.
4    Definitions

 

This table defines terms used in this Determination.

 

Term

Definition

1 CDO REGT

Means the 1st Commando Regiment.

2 CDO REGT

Means the 2nd Commando Regiment.

CDF

Means the Chief of the Defence Force.

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.

designated Special Forces position

Means a position that is designated by the CDF as a Special Forces position.

member of Special Forces Signals Squadron

Means a member of 126 Signals Squadron, 152 Signals Squadron or 301 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.

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.

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.

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.

SASR

Means the Special Air Service Regiment.

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.

 

Term

Definition

SOCOMD

Means Special Operations Command.

Special Forces Training Centre Instructor

Means a qualified SAS member or qualified commando employed at Special Forces Training Centre.

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.

TAG East

Means the Tactical Assault Group (counter-terrorist company) of 2 CDO REGT.

TAG West

Means the counter-terrorist capability of the SASR.
 

Persons who can make the decisions under clause 4 on behalf of the CDF:

definition of: designated Special Forces position

Chief of Staff Special Operations Headquarters

Director General Special Operations Commitments

Special Operations Commander Australia

definition of: member on designated special duty

Special Operations Commander Australia

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
5    Exercise of powers by Chief of Defence Force

 

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.
6    Member in designated special forces position

1.

This clause applies to a member who performs continuous full-time service in a designated Special Forces position.

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.

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 3 of Schedule 1.

 

See: Schedule 1 can be found in Annex 4.3.D, Allowance rates
7    Support member

 

A support member is to be paid the relevant rate of allowance in column 4 or 5 of item 18 of Schedule 1.

See: Schedule 1 can be found in Annex 4.3.D, Allowance rates
8    Member on Reserve service

 

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 in the row that corresponds to the item 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

 

 

a.

Special Forces Training Centre

 

b.

1 CDO REGT

 

c.

2 CDO REGT

 

d.

SASR
9    Member on designated special duty

1.

This clause applies to a member on designated special duty.

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

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.
10   Member eligible for two allowance rates

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.

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.

 

a.

Adventurous training instructor allowance.

 

b.

Arduous conditions allowance.

 

c.

Diving allowance.

 

d.

Field allowance.

 

e.

Flight duties allowance.

 

f.

Flying allowance.

 

g.

Hard lying allowance.

 

h.

Paratrooper allowance.

 

i.

Seagoing allowance.

 

j.

Subject to subclause 10.1 – Allowance for specialist operations.

 

k.

Submarine escape allowance.

 

l.

Submarine service allowance.
11   Member of the Incident Response Regiment

 

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
12   Reserve members supplementing the Incident Response Regiment

 

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
13   Reserve service

 

To avoid doubt, the relevant rate of allowance under this Determination for a member who performs Reserve service is the daily rate.
14   Working out fortnightly and daily rates                                                              

1.

Annual rates of the allowance are payable on a fortnightly basis.

2.

A fortnightly amount for the purpose of subclause 1 is worked out using these steps.

 

a.

Multiply the annual rate of payment by 14.

 

b.

Divide that amount by 365.

 

c.

The result is the fortnightly rate of payment.

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.

DETERMINATION NO 5 of 2008 – CLAUSE NOTES

Clause

Amendments

4.

Substituted by: DFRT No. 9 of 2010.

6.

Amended by: DFRT No. 3 of 2010.

7.

Amended by: DFRT No. 3 of 2010.

8.

Substituted by: DFRT No. 9 of 2010.

9.

Substituted by: DFRT No. 8 of 2009.

10.

Amended by: DFRT No. 17 of 2008.

Schedule 1

 

Amended by: DFRT Nos. 10 and 17 of 2008. Substituted by: DFRT No. 8 of 2009. Amended by: DFRT No. 11 of 2009; No. 6 of 2010; No. 8 of 2011.
FOOTNOTE – 5 OF 2008

1.

DFRT Determination 5 of 2008 has been amended by DFRT Determination Nos. 10 and 17 of 2008; Nos. 8 and 11 of 2009; Nos. 3, 6 and 9 of 2010; No. 8 of 2011.
 

PACMAN                                                     AL13 (November 2011)                              Chapter 4 – Part 3 Division 12 – 1