Division 8: Language proficiency allowance

Purpose

G4.59

Language proficiency allowance is paid to encourage and assist members to maintain proficiency in an approved foreign language and for the performance of linguistic duties.
[from DFRT Determination No 14 of 1992]
Citation

1.

This determination may be cited as Determination No. 14 of 1992, Language Proficiency Allowance.
Definition

2.

In this determination, unless the contrary intention appears, “level of language proficiency”, in relation to a language, means the highest current level of proficiency attained under the Australian Defence Language Proficiency Rating Scale (ADLPRS) by that member.

G4.60

Board of Examiners means the Board of Examiners at the ADF School of Languages, Point Cook, Victoria.
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.
Application

4.

This determination applies to a member who -

 

(a)

is employed in a position where language skills are required and is required to use the language skills in the course of performing duty, or

 

(b)

is not employed in such a position but who the Chief of the Defence Force certifies is required to be available at short notice for employment in such a position.

 

Persons who can make the decision under paragraph 4 (b) on behalf of the CDF:

Head and Board of Examiners, ADF School of Languages
Specified languages

5.

The following languages are specified languages for the purpose of this determination:

 

(a)

Arabic;

 

(b)

Burmese;

 

(c)

Chinese;

 

(ca)

Farsi

 

(d)

Fijian;

 

(e)

French;

 

(f)

German;

 

(g)

Indonesian;

 

(h)

Italian;

 

(i)

Japanese;

 

(j)

Javanese;

 

(k)

Khmer;

 

(l)

Korean;

 

(m)

Malay;

 

(ma)

Portuguese

 

(n)

Russian;

 

(o)

Tagalog;

 

(p)

Thai;

 

(q)

Urdu; and

 

(r)

Vietnamese
Rates of Allowance

6.

The annual rate of Language Proficiency Allowance payable to a member is as follows:

 

 

Level of Language Proficiency

 

Degree of Language Difficulty

Lower

Intermediate

Higher

Advanced

 

$

$

$

$

 

 

 

 

 

Group 1

900

 

1,803

 

2,703

 

3,608

 

Group 2

1,353

 

2,703

 

4,506

 

6,303

 

Group 3

1,803

 

3,608

 

6,303

 

9,006

 

 

 

 

 

 

 

 

 

Degree of Language Difficulty
Group 1

French

German

Italian

Fijian

Javanese

Portuguese

Tagalog

 

 

 
Group 2

Burmese

Farsi

Indonesian

Khmer

Malay

Russian

Thai

Urdu

Vietnamese

 
Group 3

Arabic

Chinese

Japanese

Korean

 

 

Payment of Allowance

7.1

A member who has attained a level of language proficiency at the Lower level or above is entitled to be paid, on the date the member qualifies or subsequently requalifies, Language Proficiency Allowance of the amount specified in clause 6 according to the level of language proficiency of the member and the degree of language difficulty.

G4.61

Passing the intermediate examination or achieving an equivalent standard is a pre-requisite for consideration for higher or advanced standard. Normally, a minimum of three years must elapse between levels, but the Board of Examiners may waive this requirement in special cases.

7.2

A member is also entitled to be paid Language Proficiency Allowance for the language on the anniversary of the date the member qualifies or subsequently requalifies, but is not entitled to be paid twice in the same year.

7.3

Unless the Chief of the Defence Force so approves, having regard to the requirements of the Australian Defence Force, a member is not to be paid Language Proficiency Allowance for more than one specified language.

 

Persons who can make the decision under subclause 7.3 on behalf of the CDF:

Head and Board of Examiners, ADF School of Languages

 

G4.62

Approval might be given, for example, if a member is performing duties requiring proficiency in more than one language. Cases are to be referred to the Board of Examiners for consideration.
 
Member to be Taken to be Qualified

8.

Where a member fails to requalify in a language under the ADLPRS but is employed in a position where language skills are used, and the member is able to qualify in certain ADLPRS skills, the Chief of the Defence Force may approve that the member is to be taken to be qualified in the language at the Lower level of proficiency.

G4.63

Payment in these circumstances is restricted to the period the member is employed in a position requiring language skills.

 

Persons who can make the decision under clause 8 on behalf of the CDF:

Head and Board of Examiners, ADF School of Languages
Payment in Special Circumstances

9.1

A member who is not otherwise entitled to Language Proficiency Allowance under this determination is entitled to be paid Language Proficiency Allowance at the Group 1 Lower amount if the Chief of the Defence Force certifies that the member is -

 

(a)

appropriately skilled in a language other than English or a specified language; and

 

(b)

employed in a position where language skills are essential.

9.2

A member ceases to be entitled to be paid in accordance with this clause when the member ceases to be employed in a position where language skills are essential or where the Chief of the Defence Force revokes the certification.

 

Persons who can make the decision under clause 9 on behalf of the CDF:

Head and Board of Examiners, ADF School of Languages

Commanding Officer, Joint Telecommunications School
Requalification

10.1

A member is not entitled to be paid Language Proficiency Allowance unless the member requalifies at an interval of not more than two years.

10.2

The two year interval may be extended by a further period as authorised by the Chief of the Defence Force where Service requirements or compelling compassionate circumstances of the member make it impractical for the member to attend a requalification examination.

10.3

A member, posted for 12 months or more to a country where the native language is the same as the language for which the member is entitled to be paid Language Proficiency Allowance, is not required to requalify during the period from the commencement of the posting to a date one year after the posting ceases.

10.4

A member posted as an instructor to the Australian Defence Force School of Languages is not required to requalify in the language the member teaches for the period from the commencement of the posting to a date two years after the posting ceases.

 

Persons who can make the decision under Subclause 10.2 on behalf of the CDF:

Head and Board of Examiners, ADF School of Languages
Qualification attained at other than Australian Defence Force School of Languages

11.

A member who has undergone language training in a specified language other than at the Australian Defence Force School of Languages is not entitled to be paid Language Proficiency Allowance at an amount above the Intermediate level of language proficiency on first qualifying, unless the Chief of the Defence Force determines a higher level of proficiency should apply.

G4.64

Qualification is subject to the member achieving a standard of skill or attaining a pass in an examination which is assessed by the Board of Examiners as being equivalent to a pass in an end-of-course examination at the ADF School of Languages.

 

Persons who can make the decision under clause 11 on behalf of the CDF:

Head and Board of Examiners, ADF School of Languages
Repayment of Allowance

12.

Where a member has been paid Language Proficiency Allowance and the member ceases to be a member during the one year period immediately after becoming entitled to the allowance, that member is required to repay a proportion of the allowance determined in accordance with the following formula:

 

 

 A   x   B

365

 

where;

 

A

is the amount of Language Proficiency Allowance paid to the member,

 

B

= 365 minus the number of days the member served after becoming entitled to Language Proficiency Allowance.

 

 

 

 
Date of Effect

 

This determination will take effect on and from 5 November 1992.
 
DETERMINATION NO 14 OF 1992 – CLAUSE NOTES

 

Clause

Amendments

 

5.

Amended by: DFRT No. 9 of 1997. Substituted by: No. 19 of 1998. Amended by:
No. 21 of 2001.

6.

Amended by: DFRT No. 16 of 1992; No. 2 of 1993; Nos. 5, 6 and 19 of 1994; No. 23 of 1995; Nos. 8 and 24 of 1996; Nos. 9 and 10 of 1997; Nos. 9, 19 and 27 of 1998; No. 14 of 1999; No. 8 of 2000; Nos. 3, 16 and 21 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 or 29 of 2008.

7.

Amended by: DFRT No. 16 of 2003.

9.

Amended by: DFRT No. 16 of 2003.

10.

Amended by: DFRT No. 1 of 1993.

11.

Amended by: DFRT No. 1 of 1993.
 

 

FOOTNOTE – 14 OF 1992

1.

DFRT Determination 14 of 1992 has been amended by DFRT Determination No. 16 of 1992 and Nos. 1 and 2 of 1993; Nos. 5, 6 and 19 of 1994; No. 23 of 1995; Nos. 8 and 24 of 1996; Nos. 9 and 10 of 1997; Nos. 9, 19 and 27 of 1998; No. 14 of 1999; No. 8 of 2000; Nos. 3, 16 and 21 of 2001; Nos. 7 and 23 of 2002; Nos. 11 and 16 of 2003; Nos. 2 and 14 of 2004; No. 5 of 2005; Nos. 1 and 16 of 2006; No. 5 of 2007; Nos. 10 or 29 of 2008.

 

PACMAN                                                                 AL4 (February 2009)                                Chapter 4 – Part 3 Division 8 – 1