Division 2: Arduous conditions allowance

[from DFRT Determination No 12 of 1997]
Citation

1.

This Determination may be cited as Determination No. 12 of 1997, Arduous Conditions Allowance.
Purpose

2.

Arduous Conditions Allowance is an on-occurrence allowance which compensates members for particular disabilities incurred in the performance of their duty.

G4.12

In relation to hazardous substances, the allowance is paid to compensate members for wearing of protective clothing or breathing apparatus when handling such substances. The confined spaces element is designed to compensate members who work in areas where movement can be severely restricted. Such spaces would include double-bottom compartments, wing compartments and the interiors of steam engines.
Exercise of Powers by Chief of the Defence Force

3.

In this Determination a reference to the Chief of the Defence Force is to be taken as including references to such other person as the Chief of the Defence Force authorises for the purpose of the provision in which the reference occurs.
Definitions

4.

In this Determination, unless the contrary intention appears -

 

“confined spaces” means working conditions which:

 

(a)

are not normally encountered by the member in his or her employment;

 

(b)

are unusually wet, dirty, cold or otherwise offensive;

 

(c)

require the member to work in a stooped or cramped position; and

 

(d)

require the member to work without proper ventilation;

 

“hazardous substance” means a substance which is included in the List of Designated Hazardous Substances maintained by the Defence Safety Management Agency in the People Strategies and Policy Group;

G4.13

Since this Determination was made the Directorate of Occupational Health and Safety has become the Defence Safety Management Agency.

 

“hot conditions” means those conditions where temperature exceeds 46.0 degrees Celsius due to artificial means;
Arduous Conditions Allowance

5.1

Arduous Conditions Allowance is payable to a member where on a day, that member is required to perform duty for a period of three or more hours, or for periods amounting in the aggregate to three or more hours, and that duty involves:

 

(a)

hot conditions;

 

(b)

confined spaces; and/or

 

(c)

hazardous substances.

5.2

A member is not entitled to Arduous Conditions Allowance in relation to a hazardous substance unless the Chief of the Defence Force certifies, having regard to the factors in subclause 5.3, that the conditions under which the substance is used expose the member to working conditions that are not normally encountered by the member in performing duty in the member’s employment category.

 

Persons who can make the decision under subclause 5.2 on behalf of the CDF:

Assistant Director Entitlements

Director Entitlements

 

5.3

The factors for the purpose of subclause 5.2 are:

 

(a)

the member’s employment category;

 

(b)

the nature of the hazardous substance and the conditions under which it is used; and

 

(c)

any other factor relevant to the circumstances in which the member is exposed to the substance.

G4.14

Not normally encountered for the purpose of the hazardous substance element means:

a.

that if a member has been trained in the use of hazardous substances (including training in the use of personal protective equipment; and

b.

the use of hazardous substances (including a requirement to use personal protective equipment) is considered to be part of the duties of the member's trade (job) specifications; then

c.

approval of the payment of the hazardous substance component is unlikely, unless:

 

(1)

the conditions under which the hazardous substance are being used are considered by the authorised person to be abnormal; or

 

(2)

the authorised person, after referring to a member's job specification, is satisfied that use of personal protective equipment in relation to the hazardous substance would be an irregular or unlikely occurrence as part of the member's duties. (Note: this does not mean that a member who is trained in the use of hazardous substances but would only use these skills in a particular posting on a regular basis, would satisfy this criterion).

G4.15

To qualify for the hazardous substance element of the allowance, the authorised person must certify that the hazardous substances and the conditions under which they are used are not normally encountered by the member while carrying out duties in his or her employment category.

G4.16

Additional information pertaining to the 'approved' hazardous substances and the minimum personal protective equipment required for each substance will be available by contacting the Defence Safety Management Agency.

6.

...
Rates of Allowance

7.

Subject to clauses 8 and 9 Arduous Conditions Allowance is payable:

 

(a)

in respect of a member to whom paragraph 5.1(a) applies - at the rate of $3.42 per day;

 

(b)

in respect of a member to whom paragraph 5.1(b) applies - at the rate of $5.20 per day; and

 

(c)

in respect of a member to whom paragraph 5.1(c) applies - at the rate of $10.99 per day.

8.

Subject to Clause 9, where on a day a member fulfils two or more of the conditions required by clause 5, then that member shall be entitled to the cumulative payment of the elements of Arduous Conditions Allowance appropriate to the circumstances.

9.

Where on a day a member fulfils the conditions required clause 5 on two or more occasions, then that member may only be paid the appropriate element of Arduous Conditions Allowance once in respect of that day.
Allowance not payable

10.1

10.1     Determination No. 4 of 2008, Allowance for Specialist Operations (Column 5 of Schedules 1 and 2) and Determination No. 5 of 2008, Special Forces Disability Allowance (Column 6 of Schedule 1), prescribe whether a member receiving either of those allowances may also be paid Arduous Conditions Allowance.

10.2

A member is not entitled to arduous conditions allowance for a day on which the member is entitled to the boarding party element of seagoing allowance.
Application

11.

This Determination shall take effect on and from 2 December 1997.
 
DETERMINATION NO 12 OF 1997 – CLAUSE NOTES

 

Clause

Amendments

 

4.

Amended by: DFRT No. 25 of 1998; No. 17 of 2008.

5.

Amended by: DFRT No. 25 of 1998.

6.

Omitted by: DFRT No. 25 of 1998.

7.

Amended by: DFRT Nos. 14, 25 and 27 of 1998; No. 14 of 1999; No. 8 of 2000; Nos. 3 and 16 of 2001; Nos. 7 and 23 of 2002; No. 11 of 2003; Nos. 2 and 14 of 2004; No. 5 of 2005; Nos. 1 and 16 of 2006; No 5 of 2007; Nos. 10 and 29 of 2008.

8.

Amended by: DFRT No. 25 of 1998.

9.

Amended by: DFRT No. 25 of 1998.

10.

Amended by: DFRT No. 19 of 2000. Substituted by: DFRT No. 13 of 2002. Amended by: DFRT No. 20 of 2002; 13 of 2003; No. 17 of 2008.

 

FOOTNOTE – 12 OF 1997

1.

DFRT Determination No. 12 of 1997 has been amended by DFRT Determination Nos. 14, 25 and 27 of 1998; No. 14 of 1999; No. 8 of 2000; No. 19 of 2000; Nos. 3 and 16 of 2001; Nos. 7, 13, 20 and 23 of 2002; Nos. 11 and 13 of 2003; Nos. 2 and 14 of 2004; No. 5 of 2005; Nos. 1 and 16 of 2006; No. 5 of 2007; Nos. 10, 17 and 29 of 2008.
 

PACMAN                                                     AL4 (February 2009)                                Chapter 4 – Part 3 Division 2 – 1