17.1.1Structure of This Chapter

Chapter 17Overseas deployments

Part 1General

17.1.1Structure of this Chapter

This Chapter covers:

(a)conditions of service which may be provided during a contract of employment with the UN; and

(b)entitlements applicable where an allowance or other benefit is provided by the UN or another organisation for overseas duty; and

(c)conditions of service for deployments with the UN or other multi-national forces.

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Part 2Member on contract with the UN

17.2.1Purpose

The purpose of this Part is to specify the conditions of service applicable to members who are engaged on a contract with the UN or other multi-national force.

17.2.2Member this Part applies to

This Part applies to a member working overseas on a contract of employment with the UN or other multi-national force.

17.2.3Definitions

In this Part:

contract locality means the locality mentioned in subclause 17.2.4 (1).

multi-national force means any force that is led by a nation other than Australia and includes elements of the armed forces of several nations, whether or not that force is acting under a resolution of the UN.

the period of the contract means the period mentioned in subclause 17.2.4 (1).

17.2.4Member on contract

(1)In this Part, a member on contract is a member who is approved by the CDF to enter a contract with the UN or other multi-national force to perform services for a specified period at a locality overseas.

(2)For subclause (1), the CDF must have regard to:

(a)Australia’s obligations to the UN or other multi-national force; and

(b)the interests and operational capability of the Defence Force; and

(c)the member’s interests and likely career progression; and

(d)any other factor relevant to the member’s entering into the contract.

17.2.5Allowances and entitlements not payable

Subject to clauses 17.2.6 and 17.2.7, a member on contract is not entitled to any allowance or other entitlement under this Determination:

(a)for the period of the contract; or

(b)for any period before or after the period of the contract, in relation to any allowances or entitlements that would otherwise arise in relation to the member, any dependants or the member’s household:

(i)if the contract were a long-term posting overseas; or

(ii)as a result of any travel undertaken or any expense incurred by the member or a dependant in connection with the contract.

17.2.6Period of contract to count as service for certain purposes

In spite of subclause 2.1.8 (4), the period of the contract counts as service for:

(a)salary advancement; and

(b)accrual of relevant service for long service leave.

17.2.7Conditions of service in special circumstances

(1)A member on contract is entitled to the conditions of service specified in subclauses(3) and (4) that the CDF approves to apply to the member.

(2)For subclause (1), the CDF must have regard to:

(a)the level of assistance provided for any similar entitlement under the member’s contract; and

(b)the costs incurred by the member and dependants in relation to an entitlement; and

(c)any other factor relevant to the member’s circumstances during the period of the contract.

(3)For subclause (1), the CDF may approve the following conditions of service under Chapter 15, as if the member were on a long-term posting at the contract locality:

(a)storage within Australia at Commonwealth expense of the possessions of the member and dependants in connection with the contract;

(b)insurance of personal effects and possessions of the member and dependants in connection with the contract;

(c)provision of residential accommodation for the member and any dependants;

(d)if paragraph (c) applies — the rent and utilities contribution that would be payable by the member;

(e)meals supplement during a period of settling in or settling out at the contract locality;

(f)outlay advance;

(g)assistance with health services provided overseas for a dependant of the member;

(h)reimbursement for costs incurred in searching for, securing and retaining the member’s residential accommodation;

(i)reimbursement for property taxes or other payments made as a consequence of the agreement entered into by the Commonwealth for the dwelling occupied by the member;

(j)reimbursement for costs incurred for utilities;

(k)household maintenance and assistance;

(l)any particular conditions of service specified for the contract locality.

(4)For subclause (1), the CDF may approve temporary accommodation allowance under Division 2 of Part 1 of Chapter 7.

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Part 3Entitlements during duty with the UN etc

17.3.1Purpose

The purpose of this Part is to modify a member’s overseas living allowance and other overseas entitlements when the member is provided with a living allowance by another organisation (including UN mission subsistence allowance).

17.3.2Member this Part does not apply to

This Part does not apply to a member to whom Part 2 applies.

17.3.3Service on loan or exchange with a foreign defence force

(1)The appropriate allowances, entitlements and conditions in Chapters 13 to 17 apply, unless the service is covered by an international arrangement of a kind described in paragraph 17.3.4(1)(b).

(2)Subject to clause 17.3.4, if an international arrangement applies, and the member receives under the arrangement an allowance or other benefit (however described), the member is not entitled to an allowance or benefit that is similar to or paid for the same occurrence or condition as that provided by the arrangement.

Note: The member’s Service Office will advise details of the allowances and conditions that are to apply.

17.3.4Allowance etc provided by another organisation

(1)This Part applies to a member who is paid an allowance or other entitlement by another organisation, including:

(a)mission subsistence allowance or another similar allowance payable for duty with a UN mission or a similar force; and

(b)an allowance payable by the forces of another country under an international treaty to which Australia is a party, or a similar agreement, memorandum of understanding or other arrangement; and

(c)a bursary, endowment or similar living allowance payable in instalments to a member studying overseas by an organisation that sponsors the study.

(2)The amount of overseas living allowance payable to a member who is serving with a UN force is reduced by the amount of UN mission subsistence allowance payable to the member.

(3)The member is not entitled to any other allowance under this Part while the member is entitled to a similar allowance from another organisation.

(4)If the CDF is satisfied that an allowance paid by another organisation is not enough to pay the member’s reasonable costs for which the allowance is provided at a locality, the member is entitled to the corresponding allowance under Chapter 15.

(5)For subclause (4), the CDF must have regard to:

(a)the amount of the allowance payable by the other organisation to the member; and

(b)the costs necessarily incurred by the member at the locality; and

(c)whether the member is provided with meals and accommodation at the locality; and

(d)any other factor relevant to the member’s service at the locality.

(6)The amount of an allowance payable to the member by the Commonwealth under subclause (4) is to be reduced by the amount of the similar allowance payable to the member by the other organisation.

17.3.5Disclosure of entitlements

To be eligible for an amount under this Part, the member must inform the Defence Pay Accounting Centre of the daily rate of allowance or other entitlement payable by the other organisation.

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Part 4Warlike and non-warlike deployments

Division 1General

17.4.1Purpose

(1)The purpose of this Part is to authorise conditions of service for warlike and non-warlike deployments, including with the UN or other multi-national forces.

(2)The purpose of the special conditions of service packages for these deployments is to compensate members for additional disabilities or hardships that are likely to be experienced.

Note: This Part does not cover a member serving overseas on peacetime long-term postings or short-term duty. Conditions of service for these types of overseas service are set out in Chapters 13 to16.

17.4.2Definition

In this Part:

assigned for duty, for a deployment, means assigned by an authorised officer of the Defence Force for warlike or non-warlike service in an operational area with the deployment.

Note: This authority is generally exercised by the Service Chiefs or the Maritime, Land or Air Commanders.

Division 2Deployment allowance

17.4.3Purpose

(1)The purpose of this Division is to authorise a deployment allowance to members who are deployed with a UN mission or a similar force.

(2)Deployment allowance is intended to compensate for the hazard, stress and environmental disabilities that a member is likely to experience while on warlike or non-warlike service with a deployment.

Note: Deployment allowance is payable only for those deployments approved by the Minister as warlike or non-warlike.

17.4.4Member this Division applies to

This Division applies to a member who is assigned for duty as part of a deployment.

17.4.5Member this Division does not apply to

This Division does not apply:

(a)to a member rendering Reserve service; or

(b)while a member is serving a period of detention within the operational area.

17.4.6Definitions

In this Division:

leave means recreation leave or war service leave, as the case may be.

threat level means the level of:

(a)military, armed or related threat; and

(b)environmental hazard,

specified by the Minister under subclauses 17.4.8 (2) and (4), respectively.

17.4.7Entitlement

A member who is assigned for duty as part of a deployment is entitled to deployment allowance for:

(a)each day or part of a day the member is in the operational area; and

(b)if the member is on leave for part of the member’s period of service with the deployment — each day or part of a day of the leave that does not exceed the leave credit accrued by the member for the period of service with the deployment.

17.4.8Rate

(1)The rate at which deployment allowance is payable to a member for a deployment is the sum of the rates specified in Parts 1 and 2 of the following table opposite the threat levels specified by the Minister for that deployment.

(2)For Part 1 of the table, the Minister is to specify the threat level that in the Minister’s opinion most closely approximates the level of military, armed or related threat to members engaged in the deployment, having regard to:

(a)the political and military situation in the operational area and its stability; and

(b)the activities and aims of military forces and other armed groups present in the area; and

(c)any introduced artificial hazards including mines, unexploded ordnance and booby traps; and

(d)the incidence of violent crime, civil disturbance, terrorism, insurgency and insurrection; and

(e)the nature of the deployment; and

(f)the command arrangements for the deployment; and

(g)any other factor relevant to the security of members on the deployment.

(3)For Part 1 of the table, the threat level is:

(a)if the risk to members is similar to normal peacetime training in Australia — very low;

(b)if the risk to members is greater than normal peacetime training in Australia and there is some risk of introduced artificial hazards or localised or isolated violence — low;

(c)if there is a significant risk to members of introduced artificial hazards or localised or isolated violence — medium;

(d)if the risk to members is short of open warfare but some direct armed opposition is possible — high;

(e)if the risk to members is similar to open warfare — very high.

(4)For Part 2 of the table, the Minister is to specify the threat level that in the Minister’s opinion most closely approximates the level of environmental hazard to members engaged in the deployment, having regard to:

(a)the risk to members’ health, taking account of the incidence and nature of any diseases and the quality and availability of health services and facilities, and the means of medical evacuation; and

(b)the topography and climate and the extent of any pollution and natural hazards; and

(c)the extent and quality of the civil infrastructure, including water supplies, accommodation and public sanitation; and

(d)the extent of any insect, plant and animal hazards; and

(e)the risk of road accidents and the traffic conditions; and

(f)the prevalent language and social conditions; and

(g)the nature of the deployment; and

(h)the command arrangements for the deployment; and

(i)any other environmental factor relevant to the well-being of members on the deployment.

(5)For Part 2 of the table, the threat level is:

(a)if the risk to the health and well-being of members, and the quality and availability of local medical support, are similar to normal peacetime training in Australia — very low;

(b)if the risk to the health and well-being of members is greater than normal peacetime training in Australia, and the quality and availability of local medical support is more variable than that available in Australia — low;

(c)if a hazard representing a serious risk to the health and well-being of members is possible, and the quality and availability of local medical support is significantly inferior to that available in Australia — medium;

(d)if a hazard representing a serious risk to the health and well-being of members is likely, and the quality and availability of local medical support and ability to evacuate members are highly limited — high;

(e)if a hazard representing an extreme risk to the health and well-being of members is likely, and the quality and availability of local medical support is unreliable and evacuation is not possible — very high.

Note: Different rates of deployment allowance may be set for different areas within the operational area and for sea, land or air operations.

17.4.9Allowance payable during absence on leave after cessation of duty with deployment

(1)If a member was assigned for duty with a deployment in an operational area and commences a period of recreation leave or war service leave immediately after ceasing duty with the deployment, the member is entitled to deployment allowance for a period equal to the least of:

(a)the period of the leave granted to the member; and

(b)the period of the unused leave credits accrued for service with the deployment; and

(c)the period of leave that would be accrued by the member for 12months’ service with the deployment.

(2)The rate of deployment allowance payable to a member under subclause (1) is to be the rate that was payable to the member during the period of service for which the leave was accrued.

(3)If a member ceases duty with a deployment but is prevented from:

(a)immediately commencing a period of leave; or

(b)completing a period of leave, or otherwise utilising leave credits,

by reason of the member’s injury or illness or immediate service requirements, the period during which the injury or illness or service requirements prevent the member from taking leave is to be ignored for the purpose of applying subclause(1) to the member, and any separate periods of leave are to be treated as oneperiod.

(4)Deployment allowance is not payable for other forms of leave or absence taken consecutively with leave to which subclause (3) applies.

17.4.10Overseas allowances not payable

(1)For this Determination (other than Part 1 of Chapter 8 and Part 3 of Chapter 14), a member who is entitled to deployment allowance is not taken, by reason only of being assigned for duty in the operational area, to be overseas for the period of entitlement under this Division.

Note: Part 1 of Chapter 8 deals with recreation leave. Part 3 of Chapter 14 deals with overseas travelling allowance and related conditions.

Example

When members are getting deployment allowance, they cannot get hardship allowance at the same time. They do not get the hardship allowance because for conditions of service purposes they are not taken to be serving overseas when they get the deployment allowance.

(2)Subclause (1) does not preclude payment of hardship allowance on any day when a member is not entitled to deployment allowance.

(3)For subclause (2), a member is taken to have been paid hardship allowance while the member was entitled to deployment allowance.

Note 1: The normal 28day qualifying period for hardship allowance (see Part 2 of Chapter 16) still applies to members outside the operational area. A period of deployment allowance counts towards the 28-day qualifying period as if it were hardship allowance.

Note 2: Apart from recreation leave, travelling allowance and hardship allowance, examples of other entitlements which may be provided, depending on the nature of the deployment, are field allowance and separation allowance.

Division 3Additional recreation leave – non-warlike service

17.4.11Purpose

(1)The purpose of this Division is to enable members to obtain respite from the military and environmental hazards of non-warlike service in an operational area.

(2)This leave is a supplementary form of recreation leave and is subject to the same rules on credits and usage.

Note: Further information about recreation leave is set out in Part 1 of Chapter 8.Members deployed on warlike service are entitled to war service leave under Part 5 of Chapter 8.

17.4.12Member this Division applies to

This Division applies to a member while the member is entitled to deployment allowance for non-warlike service in an operational area.

17.4.13Additional recreation leave – non-warlike service

For Part 1 of Chapter 8, the member accrues additional annual leave at the rate of 10 days a year.

Division 4East Timor peace enforcement allowance

17.4.14Member this Division applies to

This Division applies to a member assigned for duty with a UN or other multi-national force in East Timor.

17.4.15Member this Division does not apply to

This Division does not apply to a member rendering Reserve service.

17.4.16Definitions

In this Division:

operational area means East Timor and the territorial sea of East Timor.

the deployment means the UN Mission of Support in East Timor.

17.4.17Entitlement

A member who is assigned for duty with the deployment is entitled to East Timor peace enforcement allowance for:

(a)each day or part of a day the member is in the operational area; and

(b)if the member is on leave for part of the member’s period of service with the deployment — each day or part of a day of the leave that does not exceed the leave credit accrued by the member for the period of service with the deployment.

17.4.18Rate

The rate of East Timor peace enforcement allowance payable to a member is $125 for each day or part of a day, less an amount equal to the sum of the amounts of any of the following allowances to which the member is entitled on that day:

(a)deployment allowance; and

(b)field allowance; and