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TAX ALERT: PACMATE Annex 3.A, item 87. |
5.8.3 Purpose
5.8.4 Grant
of leave without pay
5.8.5 Leave
without pay to accompany spouse or interdependent partner on posting
5.8.6 Allowances
during leave without pay
5.8.7 Effects
on other conditions of service – summary
5.8.8 Payment
of charges to the Commonwealth
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Leave without pay allows a member to take leave when no other leave type is suitable. |
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1. |
The CDF may grant a member a period of leave without pay on the member's application. Note: For a member on Reserve service, this means permission to interrupt their training obligations. |
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2. |
A period of leave without pay must not be longer than two years, unless clause 5.8.5 applies. |
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3. |
For subclause 1, the CDF must consider all of these criteria. |
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a. |
The purpose and length of the period of leave. |
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b. |
The operational efficiency of the ADF. |
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c. |
The member’s length of service. |
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d. |
The extent and appropriateness of any other leave entitlement available to the member. |
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e. |
The nature of any training or study that the member intends to undertake during the period. |
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f. |
The likelihood of the member resuming continuous full-time service at the end of the period. |
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g. |
The personal circumstances of the member or their dependants. |
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h. |
Any employment approved for the member under Defence Instruction (General) Personnel 25-2, Employment and voluntary activities of Australian Defence Force members in off-duty hours. |
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i. |
Any other factor relevant to the application for leave. Example: Lack of suitable child care facilities at a posting location. |
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4. |
Leave without pay must not be used for maternity leave without pay. Example: A member takes 12 weeks’ paid maternity leave, then 40 weeks as maternity leave without pay, not leave without pay. See: Chapter 5 Part 4, Maternity leave |
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Persons who can make the decision under subclause 5.8.4.1 on behalf of the CDF: to allow a member to accompany on posting a spouse or partner who is also a member (clause 5.8.5) Director Navy People Career Management Agency Staff Officer Grade 1 (Soldier Career Management Agency) Commanding Officer Soldier Career Management Agency Director Officer Career Management – Army Chief of Staff Director General Personnel – Air Force SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force Deputy Director Administrative Sanctions, Promotion, Gradings and Internal Review (Air Force) Deputy Director Under Training Workforce (Air Force) Executive Officer Director Personnel – Air Force Director Personnel – Air Force Director General Navy People Head Navy People and Reputation Director General Personnel – Army Director General Personnel – Air Force for any other reason For periods of less than 3 months: Commanding Officer or Officer Commanding, not below MAJ(E), in the member’s direct chain of command For any period: Director Navy People Career Management Agency Staff Officer Grade 1 (Soldier Career Management Agency) Commanding Officer Soldier Career Management Agency Director Officer Career Management – Army Director Personnel – Air Force Chief of Staff Director General Personnel – Air Force SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force Deputy Director Administrative Sanctions, Promotion, Gradings and Internal Review (Air Force) Deputy Director Under Training Workforce (Air Force) Executive Officer Director Personnel – Air Force Director General Navy People Head Navy People and Reputation Director General Personnel – Army Director General Personnel – Air Force |
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1. |
This clause applies to a member who meets all these conditions. |
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a. |
They have a spouse or interdependent partner. |
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b. |
The member's spouse or interdependent partner is also a member. |
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c. |
The member is granted a period of leave without pay to accompany the spouse or partner to a new posting location. |
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2. |
The member's period of leave ends on the earlier of these two days. |
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a. |
The day a suitable posting becomes available for the member at that location. |
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b. |
The day their spouse or interdependent partner's posting ends. |
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1. |
A member granted leave without pay under this Division is not entitled to an allowance during the period of leave. This is unless subclause 2 applies. |
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2. |
The CDF may approve payment of an allowance during all or part of a period of leave without pay. |
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3. |
For subclause 2, the CDF must consider all of these criteria. |
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a |
Whether it would severely disadvantage a member or their dependants if they ceased to be entitled to an allowance listed in Annex 5.8.A during a period. See: Annex 5.8.A, Allowances and reimbursements during leave without pay |
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b. |
The member’s entitlement to the allowance immediately before the period of leave and whether the entitlement would have continued if they were not on leave. |
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c. |
The personal circumstances of the member or their dependants. |
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d. |
The nature and status of any claim by the member against the Commonwealth for compensation or veterans’ entitlement. |
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e. |
Any other factor relevant to the member’s entitlement to the allowance. |
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4. |
In this clause, allowance includes reimbursement for costs paid. Example: Reimbursement of education costs for a child. |
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Persons who can make the decision under subclause 5.8.6.2 on behalf of the CDF: Director General Navy People Director Navy Personnel Policy Director Navy Employment Conditions Director General Personnel – Air Force Director Military Administration – Air Force Deputy Director Personnel Concepts and Policy – Air Force Director General Personnel – Army Director Personnel Policy – Army |
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1. |
Periods of leave without pay do not count as qualifying service for any of these entitlements. |
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Item |
Entitlement |
See |
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1. |
Salary increments |
Chapter 3 Part 2 Division 3 clause 3.2.26 |
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2. |
Recreation leave, if the leave without pay is more than 24 hours |
Chapter 5 Part 2 clause 5.2.8 |
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3. |
Long service leave, if the leave without pay is not for illness and is more than three months |
Chapter 5 Part
3 p |
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Note: Leave without pay may affect the qualifying service period and a member's service credit under the Defence Home Ownership Assistance Scheme. |
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See: Defence Home Ownership Assistance Scheme Regulations 2008 |
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2. |
This subclause applies to either of these periods of leave without pay. |
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a. |
A period longer than 21 consecutive days. |
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b. |
A period totalling more than 21 days, if the member takes leave without pay immediately before or after another period that salary is not payable for. Example: Absence without leave, custody, imprisonment. |
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3. |
The periods in p |
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a. |
Defence Force Retirement and Death Benefit (DFRDB) purposes. There is still cover for invalidity benefits during the period. |
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b. |
Gratuities on retirement or invalidity under the Defence Force Retirement and Death Benefits Act 1973. See: Chapter 2 Part 3 Division 2. |
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c. |
A Defence Service Home Loan, for a member who must serve an initial qualifying period to get a loan. |
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d. |
A benefit under the Veterans’ Entitlements Act 1986. After qualifying for benefits under the Act, a member has no cover under the Act for an injury or illness that happens during leave without pay. |
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4. |
Leave without pay may affect maternity leave entitlements. See: |
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5. |
Continuity of service for a particular entitlement will not be broken by leave without pay if the conditions for the entitlement are met. |
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6. |
A member continues to be entitled to medical and dental treatment at Commonwealth expense while they are on leave without pay. They are not entitled to salary while they are in hospital, undergoing medical treatment, or on convalescence or absence for illness. |
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7. |
A member is not covered by compensation legislation for injuries they suffer during a period of leave without pay. |
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8. |
A member’s furniture and effects are not to be stored at Commonwealth expense for the period of leave without pay. |
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9. |
A member on leave without pay has no entitlement to compassionate or carer's leave. This is because they are already on leave. |
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10. |
Leave without pay may affect qualifying service for the Military Superannuation and Benefits Scheme (MSBS) retention benefit. See: Chapter 3 Part 5 Divisions 1 and 2 |
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Note 1 (This note is policy guidance): A member should refer to Service instructions for the effect of leave without pay on these conditions. |
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a. |
Completion of another rank engagement. |
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b. |
A return of service obligation. |
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c. |
A member’s seniority for promotion. |
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d. |
The grant of rank on retirement. |
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e. |
The award of medals or decorations. |
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Note 2 (This note is policy guidance): A member who is going or planning to go on a period of leave without pay should contact COMSUPER to confirm the effects of the leave on their superannuation benefits and contributions. COMSUPER can be contacted
on: |
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11. |
A member on leave without pay is not required to stay fit or deployable. |
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Note (This note is policy guidance): Rule 7 of the Military Super and Benefits Scheme Rules sets out when a member can pay superannuation contributions during leave without pay. |
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A member must continue to pay the Commonwealth for services or facilities they continue to receive while they are on leave without pay. Example: Contributions for Service residences, rent allowance or living-in accommodation and meals. Higher rates of member contributions may apply. See: |
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2. |
A member who has been granted leave without pay must notify the Defence Housing Australia in writing. This allows the member to arrange housing contribution payments during the leave. |