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Division 2: Direction to perform higher duties

4.1.9 Purpose

This Division describes the direction to perform higher duties. This direction must be given before higher duties allowance can be paid.

See: Division 1 section 4.1.8, Member eligible to perform higher duties

Note: A direction to perform higher duties should only be made if it is intended that the member should be paid an allowance for performing the higher duties.

4.1.10 Directing member

In this Division, a directing member is a person described in the following table.

Directing member
Item If the rank of the member being directed is... and the directing member is an ADF member... or an APS employee...

1.

Colonel or below

who meets all the following conditions:

  1. They hold the rank of Sergeant, or a higher rank.
  2. They are at least one rank higher than the vacant position.
  3. They are in the member's chain of command.

who meets both the following conditions:

  1. They are an APS 4, or a higher classification.
  2. They supervise or manage the vacant position.

2.

Brigadier or higher

who has command over the vacant position

who supervises or manages the vacant position.

4.1.11 Direction

A directing member may direct a member to perform higher duties if the conditions and other considerations in section 4.1.12 are met.

See:
Section 4.1.8, Member eligible to perform higher duties, for all conditions that must be met before a member may be paid higher duties allowance
Section 4.1.10 for definition of directing member
Section 4.1.12, Conditions and relevant considerations for a higher duties direction

4.1.12 Conditions and relevant considerations for a higher duties direction

  1. This section sets out the matters a directing member must consider before directing a member to perform higher duties.

  2. A directing member must be satisfied that the following conditions have been met.

    1. The higher duties are in a position of a higher rank than that of the member who could be directed to perform the higher duties. If the position is not in the ADF, it has higher responsibilities.

      Exceptions:
      The following sections describe special arrangements that do not have to meet this condition.
      Division 3 section 4.1.28, Rate for higher duties – Air Force officer acting as a Commanding Officer
      Division 3 section 4.1.29, Rate for higher duties – member acting as an Air Force Warrant Officer Engineer
      Division 3 section 4.1.30, Rate for higher duties – Air Force Executive Warrant Officer acting in higher tier position

    2. The member is capable of performing the duties of the position.

      Example: A trade Corporal is directed to perform the duties of their trade Sergeant while the Sergeant is on leave. The Corporal has not done the promotion courses for Sergeant. The directing officer assesses the member as capable of the Sergeant position. The member may be directed to perform the duties of the position.

      Non-Example: A technical trade Corporal is available when a kitchen manager Sergeant is on leave. The Corporal has no trade competence in catering. As the member is not capable of doing catering they may not be directed to perform higher duties.

    3. The direction to perform higher duties is within the relevant time limits prescribed in any of sections 4.1.14, 4.1.15 and 4.1.16.

      See:
      Section 4.1.14, Minimum qualifying period – member on continuous full-time service
      Section 4.1.15, Minimum qualifying period – member on Reserve service or part-time leave without pay
      Section 4.1.16, Maximum period

    4. This paragraph applies if the member to be directed is on part-time leave without pay or a member on a flexible service determination. The directing member must be satisfied of both of the following matters.

      1. The duties of the position can be carried out effectively on a part-time basis.

      2. The member can perform the duties of the position capably while on part-time leave without pay or by a member on a flexible service determination.

    5. No other member is paid higher duties for acting in the same position during the period.

      Exception: Higher duties allowance may be paid to both members if all the following conditions are met.

      1. A member has been posted to a position on higher duties.

      2. That member is granted leave or medical absence.

      3. That member qualifies for payment of higher duties allowance during the leave or medical absence under the rules in section 4.1.33.

        See: Division 3 section 4.1.33, Member on leave

      4. Another member fills the position on higher duties while the first member is on leave.

    6. If the position is to be filled by two members who are job sharing, the members perform duty in the position at different times.

  3. A directing member must consider the following matters.

    1. Whether there is a reason to pay higher duties other than that there is a temporary vacancy.

      Note: Payment of higher duties allowance is not automatic. A position becoming temporarily vacant is not in itself enough reason to assign its duties temporarily to another member.

    2. Whether the work of the vacant position needs to be done for all or part of the period of the vacancy. The assessment must cover all the following factors.

      1. The duties of the vacant position.

      2. Whether the duties need to be performed. The need might be for all or part of the period.

        Example: The duties can be deferred or re-allocated. There is no need for a member to perform higher duties in the vacant position.

      3. The period that a member would be required to perform duties in the higher position.

      4. The overall benefit to Defence of the job being filled.

    3. Whether the member is excluded from higher duties by the operation of section 4.1.13.

      See: Section 4.1.13, Member ineligible to be directed to perform higher duties

    4. The skills and experience of the member.

    5. Whether the member will be performing all or a substantial part of the duties the vacant position is likely to require.

      Example: The member being considered for higher duties has a good grounding in the skills, but some aspects of the job will be new to them. There is an occasional task the member would not be able to perform. The directing member considers the member would be able to perform a substantial part of the duties. Higher duties would develop that member's skills for the future.

    6. For a specialist officer vacancy, whether the member who could be directed is a member of that same specialisation.

4.1.13 Member ineligible to be directed to perform higher duties

The following classes of members may not be directed to perform higher duties.

  1. A specialist officer who does not hold the level of professional or trade competence required for the higher position.

  2. A trainee or member undergoing training.

  3. A member of the Aviation Specialist stream.

  4. A member on continuous full-time service may not be directed to perform higher duties in a Reserve position that is not full-time.

  5. Note: In the total workforce model, the following arrangements apply.

    1. A member on continuous full-time service may be described as a member in Service category 6 or 7. A member who is in Service category 3, 4 or 5 and Service option C is also on continuous full-time service.

    2. A member of the Reserves may be described as a member in Service category 2, 3, 4 or 5.

  6. A member described in the following table. There is no significant increase in responsibility between the duties described.

    Member ineligible
    Item A... may not be directed to perform higher duties...
    1. Seaman as an Able Seaman.
    2. Private as a Private Proficient.
    3. as a Lance Corporal in the Army, unless the higher ranked position is an established position.
    Example: The position is an established position in an infantry unit.
    4. Aircraftman or Aircraftwoman as a Leading Aircraftman or Leading Aircraftwoman.
    5. Second Lieutenant as a Lieutenant.

4.1.14 Minimum qualifying period – member on continuous full-time service

  1. This section applies to a member on continuous full-time service.

    Exception: Section 4.1.15 provides other arrangements for a member on part-time leave without pay.

    See: Section 4.1.15, Minimum qualifying period – member on Reserve service or part-time leave without pay

  2. A directing member may not direct a member to perform higher duties for less than five continuous working days for the purpose of eligibility for the allowance.

    Examples:

    1. A higher duties vacancy exists for a week, Wednesday to Tuesday. The directing member wants to direct a member to fill it. The position is filled Mondays to Fridays, but not on weekends. The Wednesday to Tuesday period is five consecutive working days.

    2. A position needs to be filled from Tuesday to Saturday. Saturday is a working day for that position, so is included in the five-day calculation.

4.1.15 Minimum qualifying period – certain categories of member

  1. This section applies to a member in any of the following categories.

    1. The member is a member on Reserve service.

    2. The member is on part-time leave without pay.

    3. The member is a member on a flexible service determination.

    Related Information: Section 4.1.14, Minimum qualifying period – member on continuous full-time service

    Note: In the total workforce model, a member of the Reserves on Reserve service may be described as a member in Service category 3, 4 or 5. A member on Service option C is not a member of the Reserves on Reserve service.

  2. The member is only eligible for the allowance under this Part if directed to perform higher duties for five continuous working days or more.

  3. In this clause, five continuous working days means five days that the member is due to work on higher duties. It is not broken by days when the member is not required to attend for duty.

    Example: A member works only on Mondays and is directed to perform higher duties. The member would take five weeks of work to work for five continuous working days. If the vacancy is for at least five weeks the member may be paid higher duties allowance.

    Non-Example: A member works on Mondays and Tuesdays and is directed to perform higher duties. On the second Monday the member is needed in their usual job, and does not work on higher duties. That Monday breaks the period of continuous working days.

4.1.16 Maximum period

A directing member may not direct a member to perform higher duties for a period that is longer than six months.

Exception: A member who has been posted into the position may be directed for a longer period, up to the period of the posting.

4.1.17 ...

Application to Reservists: Yes.



Forms

Copies of forms are available on the webforms system or through the Defence Service Centre.

  • AD288, ADF higher duties - direction and payment of allowance

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