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Division 3: Payment of higher duties allowance

4.1.18 Purpose

This Division describes the calculation of higher duties allowance.

Note: A member on higher duties is still paid their substantive salary. Higher duties allowance is paid in accordance with this Division. This may give the member a higher total rate of remuneration for performing work of a higher value.

4.1.19 Basis of higher duties allowance

Higher duties allowance is paid for acting in a higher rank.

Exceptions: Higher duties may be paid at the same rank, or for skill, in some limited situations. These are listed below.

Exceptions
Item Section Reference
1. Rate for higher duties – specialist officer Section 4.1.26
2. Rate for higher duties – Air Force officer acting as a Commanding Officer Section 4.1.28
3. Rate for higher duties – member acting as an Air Force Warrant Officer Engineer Section 4.1.29
4. Rate for higher duties – Air Force Executive Warrant Officer acting in higher tier position Section 4.1.30

4.1.20 Payment of higher duties allowance

A member who has met the requirements of section 4.1.8 may be paid higher duties allowance at an annual rate calculated under this Division.

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

Related Information: The conversion of higher duties allowance to daily and fortnightly rates is set out in the following sections.

See: Chapter 3 Part 2 Division 1 section 3.2.7, Administration of salary and allowances

4.1.21 Increments

A member does not get increments of higher duties allowance.

Note: The member may be eligible for increments on their substantive salary schedule of rates.

See: Chapter 3 Part 2 Division 3 subsection 3.2.29.4, Increment advancement. This subsection provides for increments in the member's substantive rank while on higher duties.

4.1.22 Period of payment

Higher duties allowance can only be paid for the period the member performs duty in the vacant position.

Exception: Higher duties allowance may be paid during leave if allowed by section 4.1.33, Member on leave.

Example: A member is directed to perform higher duties from 1 February to 16 April. On 17 April there is no direction to perform higher duties. The member's higher duties allowance stops.

4.1.22A Index of higher duties allowance rates

  1. The following table indicates where to find the higher duties calculation information.

  2. References
    Item For a member who is... acting... see...
    1. a Major, or a lower rank in a position within the same pay schedule section 4.1.23.
    2. in a Lieutenant Colonel or a Colonel position section 4.1.25.
    3. an officer or non-commissioned officer in a position 2 or more ranks higher subsection 4.1.23.3.
    4. a member in a non-commissioned position section 4.1.23.
    5. an other rank member as Warrant Officer Class 1 section 4.1.23.
    6. a Warrant Officer or other rank in an officer position section 4.1.24.
    7. a specialist officer in a position within their specialisation section 4.1.26.
    in a position outside their specialisation section 4.1.26.
    8. a Lieutenant Colonel or below in a Colonel position section 4.1.23.
    9. a Colonel, or higher rank in a star rank position section 4.1.31.
    10. an ADF member in a position outside the ADF section 4.1.32.
  3. The following table indicates where to find higher duties calculation information for members in defined circumstances.

  4. References
    Item For a member who is... directed to act in a... see...
    1. an ADF member overseas exchange position or an Operational Manning Directive position overseas section 4.1.33.
    2. a RAAF officer designated Commanding Officer position section 4.1.28.
    3. a RAAF Warrant Officer RAAF Warrant Officer Engineer position section 4.1.29.
    4. a RAAF Executive Warrant Officer a position of Executive Warrant Officer at a higher tier section 4.1.30.
    5. an officer paid at Schedule B.4 rates a higher rank position section 4.1.27.

4.1.23 Rate for higher duties – member acting within the same Schedule or as a Warrant Officer Class 1

  1. This section applies to a member in either of the following classes.

    1. A member who performs higher duties in a position which attracts a salary within the same schedule of rates as the member's substantive position. In this paragraph, schedule of rates means a schedule in DFRT Determination No. 2 of 2017, Salaries.

    2. An other rank member who performs higher duties as a Warrant Officer Class 1.

    See: These schedules are found in Chapter 3 Part 1, Salaries

  2. The allowance payable is the difference between the following rates for the period of the higher duties.

    1. The member's substantive salary rate.

    2. The base rate of salary the member would be paid if promoted to one rank above the member's substantive rank at their same pay grade.

  3. The formula in subsection 2 also applies if the member is directed to act in a position two or more ranks higher than their substantive rank.

4.1.24 Rate for higher duties – other rank member acting as a commissioned officer

  1. This section applies if both the following conditions are met.

    1. The member is in one of the following situations.

      1. The member is a Warrant Officer Class 1 with a substantive rate of salary in Schedule B.10 of DFRT Determination No. 2 of 2017, Salaries.

        See: Schedule B.10, Warrant Officer Class 1 salary rates

      2. The member is an other rank member paid a substantive rate of salary under Schedule B.12 of DFRT Determination No. 2 of 2017, Salaries.

        See: Schedule B.12, Other Rank salary rates

      3. The member's former salary is being preserved by section B.2.5 of DFRT Determination No. 2 of 2017, Salaries.

      See: Chapter 3 Part 1, Salaries

    2. The member is directed to act as a commissioned officer.

  2. Higher duties allowance is calculated at 5% of the member's substantive rate of salary for the period of higher duties.

  3. The calculation method given in subsection 2 also applies if the member is directed to act in a position two or more ranks higher.

4.1.25 Rate for higher duties – Major or below acting as a Lieutenant Colonel or Colonel

  1. This section applies if both the following conditions are met.

    1. The member is ranked Major, or a lower rank.

    2. The member acts as a Lieutenant Colonel or Colonel.

  2. Higher duties allowance is calculated as the difference between the following amounts for the period of the higher duties.

    1. The sum of the following amounts as relevant to the member.

      1. The member's substantive salary.

      2. Service allowance.

        See: Part 2 Part B Division B.2, Service allowance

      3. Reserve allowance, as provided under Defence Force Remuneration Tribunal Determination No. 11 of 2013, ADF Allowances.

        See: Part 2 Part B Division B.11, Reserve allowance

    2. The amount of salary that the member would be entitled to if promoted one rank higher than their substantive rank, staying within the member's normal pay grade.

      Example: A Permanent Forces Major is directed to act as a Permanent Forces Lieutenant Colonel. His Major salary is at pay grade 6, on the highest increment. The member's higher duties allowance is based on the first increment of the Lieutenant Colonel salary, pay grade 6. No Service allowance or Reserve allowance are payable, so they are excluded from the calculation of higher duties allowance.

4.1.26 Rate for higher duties – specialist officer

  1. This section applies to a member acting in a specialist officer position ranked Colonel or below.

  2. The following table sets out how to calculate a rate of higher duties allowance.

    Calculation
    Item Member Calculation method

    1.

    The member performs higher duties at a higher rank within their specialisation.

    Exception: A member who is a medical officer, see item 2.

    Higher duties allowance is calculated as the difference between the following rates.

    1. The member's substantive salary rate.
    2. The lowest salary rate for the member's competency level at the higher rank.

    2.

    The member is a medical officer and performs higher duties at a higher rank within their specialisation.

    Higher duties allowance is calculated as the difference between the following rates.

    1. The member's substantive salary rate.
    2. The salary rate for the member's medical level and increment at the higher rank.

    3.

    All the following conditions are met.

    1. The member performs higher duties within their specialisation at a higher rank.
    2. The higher position is at a higher rank and higher competency level.
    3. The member holds the qualifications required for the higher position.

    Higher duties allowance is calculated as the difference between the following rates.

    1. The member's substantive salary rate.
    2. The lowest salary rate for the higher competency level at the higher rank.

    4.

    Both the following conditions are met.

    1. The member performs higher duties at a higher rank within their specialisation.
    2. There is no rate for the member's competency level at the higher rank.

    Higher duties allowance is calculated at 5% of the member's substantive salary rate for the period of the higher duties.

    5.

    Both the following conditions are met.

    1. The member performs higher duties at a higher rank outside their specialisation.
    2. The member's total remuneration is already higher than that of the higher position.

4.1.27 Rate for higher duties – member on transitional rates

  1. This section applies to a member who meets both the following conditions.

    1. The member is paid a salary rate prescribed under Schedule B.4 of DFRT Determination No. 2 of 2017, Salaries.

      See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.4, Other rank member appointed as officer – transitional salary rates

    2. The member is directed to perform higher duties.

  2. The following table sets out the rate of higher duties allowance. In this table higher duties salary means a rate of salary defined in subsection 3.

    Note: It will not be the same as the Schedule B.4 salary that the member is earning.

    Higher duties allowance
    Item Situation Higher duties allowance
    1. The member's substantive salary rate is higher than the higher duties salary rate. The member is not eligible for higher duties allowance.
    2. The member's substantive salary rate is lower than the higher duties salary rate.

    Higher duties allowance may be paid.

    The allowance is calculated at the difference between the following amounts.

    1. The member's substantive salary rate.
    2. The higher duties salary rate.
  3. In the table in subsection 2, a higher duties salary rate means a rate of salary that meets all the following conditions.

    1. It is set out in Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries.

      Note: Schedule B.4 rates are transitional salary protection rates. They cannot be used to calculate higher duties allowance. For a member being paid Schedule B.4 salary rates the higher duties salary rate used in the table will be different to the salary they are usually paid.

    2. It is for a higher rank than the member's rank.

    3. It is at the same pay grade the member would occupy, if the member was paid under Schedule B.3 of DFRT Determination No. 2 of 2017, Salaries.

    Example:
    A Captain is paid a salary from Schedule B.4. It is the highest rate at pay column 5.
    The Captain is directed to act in a Major position. If the Captain were not on transitional rates, the Captain would be in Schedule B.3, pay grade 4. The Captain's higher duties salary is the rate for a Major at pay grade 4 that is listed in Schedule B.3.

    See: DFRT Determination No. 2 of 2017, Salaries
    Schedule B.3, Officer salary rates
    Schedule B.4, Other rank member appointed as officer – transitional salary rates

4.1.28 Rate for higher duties – Air Force officer acting as a Commanding Officer

  1. This section applies to an Air Force officer who has been directed to perform higher duties in a Commanding Officer position.

    Exception: A member who is already being paid one pay grade higher than the value of their position for having been previously posted to a Commanding Officer position is not paid higher duties allowance under this section. See paragraph B.2.3.5.b of DFRT Determination No. 2 of 2017, Salaries.

    See: Chapter 3 Part 1 Part B Division 2, Salary (Officers)

  2. The following table sets out the calculation of higher duties allowance for the member.

    Higher duties allowance
    Item Situation Higher duties allowance

    1.

    The Commanding Officer position is at the same rank as the member.

    Higher duties allowance is calculated at the difference between the following rates.

    1. The member's substantive rate of salary.
    2. A rate of salary at the member's rank one pay grade higher than the member's pay grade.

    2.

    The Commanding Officer position is at a higher rank than the member.

    Higher duties allowance is calculated at the difference between the following rates.

    1. The member's salary.
    2. The rate of salary one rank and one pay grade higher than the member's salary.

    Note: Unlike salary arrangements that apply when a member is posted to a Commanding Officer position, this allowance stops when a member stops higher duties as a Commanding Officer.

4.1.29 Rate for higher duties – member acting as an Air Force Warrant Officer Engineer

  1. This clause applies to a member who meets all the following conditions.

    1. The member is a Warrant Officer in the Air Force.

    2. The member is directed to act as a Warrant Officer Engineer in the Air Force.

    3. The member has the appropriate skills to carry out the Warrant Officer Engineer duties.

    Related Information: Section 4.1.30, Rate for higher duties – Air Force Executive Warrant Officer acting in higher tier position

  2. Higher duties allowance is calculated as the difference between the following rates for the period of the higher duties.

    1. The member's substantive rate of salary.

    2. The rate of salary for the Warrant Officer Engineer position at the same tier at pay grade 8.

    Note: The member is not eligible for higher duties allowance when they stop higher duties. The allowance ends when the higher duties ends.

4.1.30 Rate for higher duties – Air Force Executive Warrant Officer acting in higher tier position

  1. This section applies to a member who meets both of the following conditions.

    1. They are an Executive Warrant Officer in the Air Force.

      Note: Executive Warrant Officer is an Air Force employment category. It is provided for under Schedule B.9 Part 3, Warrant Officer Class 1 pay grades of DFRT Determination No. 2 of 2017, Salaries.

      See: Chapter 3 Part 1 Schedule B.9 Part 3, Warrant Officer Class 1 pay grades

    2. They are directed to perform the duties of a higher tier Executive Warrant Officer position.

    3. Note: In this situation, the directing member is likely to be the member's Commanding Officer or the Senior Engineering Officer.

    Related Information: Section 4.1.29, Rate for higher duties – member acting as an Air Force Warrant Officer Engineer

  2. Higher duties allowance is calculated as the difference between the following rates for the period of the higher duties.

    1. The member's substantive rate of salary.

    2. The rate of salary prescribed for the higher tier Executive Warrant Officer position.

    Note: The member is not eligible for higher tier salary when they stop higher duties. The allowance ends when the higher duties ends.

4.1.31 Rate for higher duties – member acting at or above the rate of Brigadier

  1. This section applies to a member who acts at or above the rate of Brigadier (often called a 'star rank')

  2. Exception: This section does not apply to a member who acts in a statutory appointment.

    1. If the law that provides for the statutory office sets out arrangements that apply for acting appointments, those must be followed.

    2. If the law that provides for the statutory office permits acting appointments under section 33A of the Acts Interpretation Act 1901, then the member is to be provided with the amounts and benefits set out in the instrument of acting appointment.

    Note: Subsection 1 applies to members or positions of any employment category.

  3. Higher duties allowance is calculated as the difference between the following rates.

    1. The member's substantive rate of salary.

    2. The relevant rate of salary prescribed in the following table.

Rate of salary
Item Member Salary used
1. Colonel, acting as a Brigadier The rate of salary the member would be paid if promoted to a Brigadier within their employment category.
See: Chapter 3 Part 2 Division 2 section 3.2.20, Salary on promotion – general
2. Brigadier, acting as a Major General The rate the member would be paid if promoted to a Major General within their employment category.
See: Chapter 3 Part 2 Division 2 section 3.2.20, Salary on promotion – general
3. Major General acting as a Lieutenant General
Exception: If the Lieutenant General position is a statutory office this item does not apply. These members may be covered by ADF instruments of acting appointment (sometimes called 'standing acting arrangements').
The following salary, as set out in DFRT Determination No. 2 of 2017, Salaries:
The base salary component of pay point one of Schedule B.1 Part 3, Senior officer salary rates.
See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.1, Senior officer salary rates

4.1.32 Rate for higher duties – member acting outside the ADF

  1. This section applies to a member in either of the following situations.

    1. They are directed to perform the duties of an APS position and those duties are assessed as higher duties.

    2. They are directed to perform higher duties at a higher rank in a position in a foreign military force.

      Examples:

      1. An exchange position with a foreign military force.

      2. A member deployed overseas in an operational manning directive position with a multinational force.

  2. The following table sets out the calculation of higher duties allowance for a member acting in a Senior Executive Service position in the APS.

    Calculation of higher duties allowance
    Item If the member is acting in... the higher duties allowance is the difference between... and...
    1. a Senior Executive Service Band 1 level position the member's substantive rate of salary the rate of salary the member would be paid if promoted to Brigadier at pay grade one.
    Note: Pay grade one is the 'on promotion' grade.
    See: Chapter 3 Part 2 Division 2 section 3.2.20, Salary on promotion – general
    2. a Senior Executive Service Band 2 level position the rate of salary the member would be paid if promoted to Major General.
    3. a Senior Executive Service Band 3 level position the following salary, as set out in DFRT Determination No. 2 of 2017, Salaries:
    The base salary component of pay point one of Schedule B.1 Part 3, Senior officer salary rates.
    See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.1, Senior officer salary rates
  3. A member acting in an APS position not described in the table in subclause 2 is paid higher duties allowance at the rate that would apply if the higher duties position was one rank higher than the member's substantive position in the ADF.

  4. A member acting in a position in a foreign military force is paid higher duties allowance at the rate that would apply if the higher duties position was one rank higher than the member's substantive position in the ADF.

    Related Information:
    Section 4.1.23, Rate for higher duties – member acting within the same Schedule or as a Warrant Officer Class 1
    Section 4.1.24, Rate for higher duties – other rank member acting as a commissioned officer
    Section 4.1.25, Rate for higher duties – Major or below acting as a Lieutenant Colonel or Colonel
    Section 4.1.26, Rate for higher duties – specialist officer
    Section 4.1.27, Rate for higher duties – member on transitional rates
    Section 4.1.31, Rate for higher duties – member acting at or above the rate of Brigadier

4.1.33 Member on leave

  1. The following table shows how higher duties allowance is paid in conjunction with leave.

    Higher duties allowance and leave
    Item If the leave... and... then...
    1. is unpaid higher duties allowance is not paid during the leave.
    2.

    meets all the following conditions.

    1. It is paid.
    2. It falls within the period of the higher duties.
    3. The member has been directed to continue higher duties on return from leave.
    the member has been posted to the position higher duties allowance is paid for the first two months of leave.
    Higher duties allowance is not paid for leave after the first two months.
    the member has not been posted to the position higher duties allowance is paid for the first month of leave.
    Higher duties allowance is not paid for leave after the first month.
  2. The following table shows how higher duties allowance is paid for leave that falls immediately before a member goes on a new posting.

    Higher duties before new posting
    Item If the leave... and... then...
    1. is unpaid higher duties allowance is not paid during the leave.
    2. is paid the member has been posted to the higher position higher duties allowance is paid for the first two continuous months of leave.
    3. is paid the member has not been posted to the higher position higher duties allowance is paid for the first continuous month of leave.
  3. The rules in subsections 1 or 2 must be met for each leave absence, for higher duties to be paid.

    Non-Example: A member took leave last month and was eligible to be paid higher duties allowance. The member applies for leave again, and this time the rules say the member is not eligible to be paid higher duties allowance during the leave. The member is not paid higher duties allowance for the second absence.

    Related Information: Different arrangements apply to the payment instead of leave.

    1. For payment instead of long service leave see Chapter 5 Part 5 Division 5 section 5.5.27, Member on higher duties, temporary or acting rank.
    2. For payment instead of recreation leave see Chapter 5 Part 4 Division 8, Payment or transfer of recreation leave credit.

Application to Reservists: Yes.



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

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