The Federation continues to campaign against the policy change affecting personnel who make the move from the ADF to the APS. Photo by Pte Simone Heyer-Irwin, 1JPAU(P)

We're still on the job

Readers would be aware of the Federation’s intervention on the changed policy that now governs the employment of ex-ADF personnel in Defence as members of the Australian Public Service (APS).

To recap, Circular Memorandum (CM 5/2002) April 29, 2002, advised that “a member of the ADF who is the preferred candidate for an APS job in the Department may only be engaged as an APS employee after their membership of the ADF has ceased”.

Before the change it was possible for an ADF member to take up employment in Defence as an APS member on paid leave for up to 90 days prior to discharge, affectionately referred to in Defence as “the 90 day rule”.

This is no longer available under the new policy as it was seen to be allowing double dipping on a range of entitlements such as superannuation contributions, accrual of leave, access to free medical/dental treatment, compensation and exemption from the Medicare levy.

Since the change, Leave Without Pay (LWOP) of not less than 21 days has been suggested in the CM as a suitable mechanism to transit ADF members into APS appointments in Defence prior to discharge.

In this regard we are advised by Defence that “LWOP is a quite commonly used option available for members to try out new careers, and members can return to full-time service if they so desire, or otherwise seek discharge”. Perhaps we should add here that being on LWOP has no effect on a member’s access to free medical and dental care, nor does it impact on compensation entitlements.

The Federation met with the Minister Assisting the Minister for Defence, Danna Vale, and provided two written submissions that raised serious doubts over the validity of the rationale behind the change.

A strong case was put to the Minister. It included, among other things, documentary evidence from Comsuper about the Superannuation (PSS) Membership Exclusion Declaration 1995, refuting the claim in regard to double dipping on superannuation entitlements.

After lengthy consideration of the Federation’s submissions and further input from Defence, the Minister provided a four-page response that supported the policy change.

In doing so, and in particular response to the superannuation issue, we were advised “the Department of Finance and Administration (DOFA) has policy responsibility for Commonwealth superannuation matters while Comsuper acts as its administering agent. DOFA has advised that Comsuper’s interpretation of the declaration is incorrect.” DOFA were meant to advise Comsuper of this.

While we find out what’s happening, the Federation respectfully submits that the new policy remains flawed and the case remains open. To all members who have assisted us with this matter, don’t give up just yet as we are examining other avenues.

• To contacted the Armed Forces Federation phone (02) 6260 5100 or 1800 806 861
  or e-mail arffa@bigpond.com

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