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Division 1: Introduction to deployment

17.1.6 Nature of service

  1. The Minister, in consultation with the Prime Minister, will declare the nature of service (NOS) of a deployment.

  2. The NOS classification expresses the extent to which ADF personnel deployed on an ADF operation, or on a third country deployment, in a specified area and within a specified timeframe, are exposed to the risk of harm from hostile forces of an enemy as a consequence of executing the approved mission and tasks.

17.1.7 Warlike operation

  1. Warlike service exposes ADF personnel to a direct risk of harm from hostile forces.

  2. A warlike operation is an Australian Government authorised military operation where ADF personnel are exposed to the risk of harm from hostile forces that have been assessed by Defence as having the capability and an identified intent to directly target ADF personnel. ADF personnel are authorised to use force to pursue specific military objectives and there is an expectation of ADF casualties as a result.

17.1.8 Non-warlike operation

  1. Non-warlike service exposes ADF personnel to an indirect risk of harm from hostile forces.

  2. A non-warlike operation is an Australian Government authorised military operation which exposes ADF personnel to the risk of harm from designated forces or groups that have been assessed by Defence as having the capability to employ violence to achieve their objectives, but there is no specific threat or assessed intent to target ADF personnel. The use of force by ADF personnel is limited to self-defence and there is no expectation of ADF casualties as a result of engagement of those designated forces or groups.

17.1.9 Peacetime operation

  1. A peacetime classification acknowledges that an element of hazard and risk is inherent to ADF service and that personnel are appropriately trained and compensated for their specific military occupation. Service on peacetime operations is not the same as serving overseas on a posting or short-term duty.

  2. A peacetime operation is an Australian Government authorised military operation or activity that does not expose ADF personnel to a Defence-assessed threat from hostile forces. Therefore, there is no expectation of casualties as a result of engagement with hostile forces. There may be an increased risk of harm from environmental factors consistent with the expectation that ADF personnel will from time to time perform hazardous duties.

17.1.10 Establishing a deployment conditions of service package

The following table describes the process for establishing a deployment conditions of service package.

Process
Stage Who Description
1. United Nations of foreign government Forwards a request for ADF participation.
2. Military Strategic Commitments Division Prepares a submission to Minister for Defence, recommending the deployment be declared warlike or non-warlike.
Notes:
a. Defence Intelligence Organisation provides military threat assessment for any likely deployment.
b. Military Strategic Commitments Division liaises with Defence People Group (Director Military Conditions & Housing Policy) on conditions of service.
3. Minister for Defence in consultation with the Prime Minister Declares nature of service and returns to Military Strategic Commitments Division.
Note: Defence People Group (Director Military Conditions & Housing Policy) receives a copy of the declaration from Military Strategic Commitments Division.
4. Defence People Group
(Director Military Conditions & Housing Policy)
  1. Prepares a submission to the Assistant Minister for Defence recommending a rate of deployment allowance. The submission includes both the following determinations.
    1. A determination under the Military Rehabilitation and Compensation Act 2004 (the MRC Act).
    2. A determination under the Veterans' Entitlements Act 1986.
  2. Draft a submission for MINDEF approval seeking a request from the ATO for tax exemptions
  3. Raises a determination under section 58B of the Defence Act 1903 for signature by Assistant Secretary People Policy and Employment Conditions, to authorise the rate of deployment allowance.
  4. Completes inter-departmental action.
    1. Forwards the determination under the MRC Act to the Department of Veterans' Affairs. This determination advises the operational area, start date and description of the deployment.
    2. Forwards the determination under the Veterans' Entitlements Act 1986 to the Department of Veterans' Affairs.
    3. Forwards the tax declaration to Treasury, advising the operational area, start date and a description of the deployment. Requests the preparation of an appropriate regulation under the Income Tax Assessment Act 1936.
  5. Promulgates the conditions of service package.

17.1.11 Administering a deployment conditions of service package

The following table describes the process for administering a deployment conditions of service package.

Administering package
Stage Who Description
1. Deputy Commander Joint Operations Prepares an Administrative Staff Instruction detailing conditions of service.
2. Service Chief/Environmental Commander Approves members to be part of the deployed force.
3. Headquarters Joint Operations Command Makes sure members who deploy for each operation are recorded on the PMKeyS operations log.
4. Director Military Remuneration Amends Defence Determination 2016/19, Conditions of service, to include the operation for civil practice support allowance purposes, if appropriate.

17.1.12 Monitoring a deployment conditions of service package

The following table describes the process for monitoring a deployment conditions of service package.

Monitoring package
Stage Who Description
1. Headquarters Joint Operations Command and Military Strategic Commitments Division Monitors the task/role of the deployment.
2. Defence Intelligence Organisation Provides six-monthly military threat assessments or a revised assessment if circumstances change.
3. Defence People Group
(Director Military Conditions & Housing Policy)
Reviews deployment allowance in conjunction with a changed threat assessment.

17.1.13 Closing a deployment conditions of service package

The following table describes the process for closing an operation and ending a deployment conditions of service package.

Ending package
Stage Who Description
1. Headquarters Joint Operations Command and Military Strategic Commitments Division Closes the operation by advising the Minister for Defence that activities have ceased and requests agreement to close the operation.
2. Defence People Group
(Director Military Conditions & Housing Policy)
  1. Advises the Department of Veterans' Affairs to revoke the legislation.
  2. Advises Treasury to withdraw the tax provision.

17.1.14 Deployments approved by the Minister

Annex 17.1.A shows the deployments that have been approved by the Minister since 1982.

Application to Reservists: Yes, on continuous full-time service.




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