Defence Determination 2005/16

I, SUSAN JANE PARR, Director General Personnel Policy and Employment Conditions, Defence Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 27 May 2005
S J PARR
Director General
Personnel Policy and Employment Conditions
Defence Personnel Executive
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Citation
This Determination is Defence Determination 2005/16, Navy engineer officer retention allowance.
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Commencement
This Determination is taken to have commenced on 24 May 2005.
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Amendment
1. / Defence Determination 2003/21, Conditions of Service, as amended,1 is amended as set out in Attachment A to this Determination.
2. / Defence Determination 2005/15, Conditions of Service, as amended,2 is amended as set out in Attachment B to this Determination.

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Note:
1. / Defence Determination 2003/21, as amended to 31 May 2005, the day of its repeal by Defence Determination 2005/14. For previous amendments see Note to Defence Determination 2005/1, and see also Defence Determinations 2005/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13.
2. / Defence Determination 2005/15 was made on 20 May 2005 and commences on 31 May 2005.

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ATTACHMENT A

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Amendment to Defence Determination 2003/21, Conditions of service
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Division 4 of Part 6 of Chapter 2 (Retention allowance)
add at the end
2.6.21A
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Retention allowance – Navy engineer

(1)In this clause, Navy engineer means a member described in the table.

Item / A Navy engineer is a member who holds the rank of... / and who holds...
a. / Sub Lieutenant / a categorisation as either:
i.a Marine Engineer; or
ii.a Weapons Electrical Engineer.
b. / Lieutenant
c. / Lieutenant Commander
d. / Commander
e. / Captain
f. / Commodore / the qualifications for categorisation as either:
i.a Marine Engineer; or
ii.a Weapons Electrical Engineer.

(2)This clause applies to a member who meets the conditions in the table.

Item / If the member is in... / then this clause applies to them if...
a. / the Permanent Forces / the CDF certifies that the member is liable to perform duty in a position designated for a Navy engineer.
b. / the Royal Australian Naval Reserve / they perform continuous full-time service in a position designated for a Navy engineer.

(3)The member is entitled to Navy engineer retention allowance paid on a fortnightly basis at the annual rate in the table that corresponds to their qualifications.

Item / A member with this qualification... / is entitled to this rate of allowance
($ a year)...
a. / Marine Engineer Officers Certificate of Competence (reference P001322) / $5,000
b. / Weapons Electrical Engineers Officer Certificate of Competence (reference P000056)
c. / Machinery Charge Certificate (Officer) (reference P001320) / $10,000
d. / Submarine Marine Engineer Officers Charge Qualification (reference P000608)
e. / Weapons Electrical Engineers Officer Charge Qualification (reference P000057)
f. / Weapons Electrical Engineers Officer Charge Qualification (Submarine) (reference P000068)
g. / Navy Charge Qualified (reference P100587) / $15,000

(4)The member is entitled to the allowance on a pro rata basis when they are on any of these forms of leave:

(a)part-time leave without pay;

(b)maternity leave at half pay;

(c)long service leave at half pay.

(5)The member’s entitlement to the allowance ceases for any period when they:

(a)are not entitled to salary; or

(b)cease to be liable to serve as a Navy engineer.

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ATTACHMENT B

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Amendment to Defence Determination 2005/15, Conditions of service
Division 5 of Part 5 of Chapter 3 (Retention allowance)
add at the end
3.5.44
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Retention allowance – Navy engineer
1. / In this clause, Navy engineer means a member described in this table.
Item / A Navy engineer is a member who holds the rank of... / and who holds...
a. / Sub Lieutenant / a categorisation as either:
i.a Marine Engineer; or
ii.a Weapons Electrical Engineer.
b. / Lieutenant
c. / Lieutenant Commander
d. / Commander
e. / Captain
f. / Commodore / the qualifications for categorisation as either:
i.a Marine Engineer; or
ii.a Weapons Electrical Engineer.
2. / This clause applies to a member who meets the conditions in the table.
Item / If the member is in... / then this clause applies to them if...
a. / the Permanent Forces / the CDF certifies that the member is liable to perform duty in a position designated for a Navy engineer.
b. / the Royal Australian Naval Reserve / they perform continuous full-time service in a position designated for a Navy engineer.
3. / The member is entitled to Navy engineer retention allowance paid on a fortnightly basis at the annual rate in this table that corresponds to their qualifications.
Item / A member with this qualification... / is entitled to this rate of allowance
($ a year)...
a. / Marine Engineer Officers Certificate of Competence (reference P001322) / $5,000
b. / Weapons Electrical Engineers Officer Certificate of Competence (reference P000056)
c. / Machinery Charge Certificate (Officer) (reference P001320) / $10,000
d. / Submarine Marine Engineer Officers Charge Qualification (reference P000608)
e. / Weapons Electrical Engineers Officer Charge Qualification (reference P000057)
f. / Weapons Electrical Engineers Officer Charge Qualification (Submarine) (reference P000068)
g. / Navy Charge Qualified (reference P100587) / $15,000
4. / The member is entitled to the allowance on a pro rata basis when they are on any of these forms of leave.
a. / Part-time leave without pay.
b. / Maternity leave at half pay.
c. / Long service leave at half pay.
5. / A member’s entitlement to the allowance ceases for any period when one or more of these situations applies to them.
a. / They are not entitled to salary.
b. / They are not liable to serve as a Navy engineer.

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EXPLANATORY STATEMENT

Defence Determination 2005/16

This Determination amends Defence Determination 2003/21, Conditions of Service (the old Principal Determination), and Defence Determination 2005/15, Conditions of Service (the new Principal Determination), both made under section 58B of the Defence Act 1903 (the Act). Chapter2 of the old Principal Determination and Chapter 3 of the new Principal Determination set out provisions dealing with the payment of retention allowances to members of the Australian Defence Force (ADF).

The purpose of this Determination is to establish a new retention allowance for certain Royal Australian Navy engineers. The allowance is intended as an incentive to improve engineer officer retention until the development of a longer-term remuneration solution for Navy engineers.

Clause 1 of this Determination sets out the manner in which this Determination may be cited.

Clause 2 of this Determination provides that the Determination is taken to have commenced on 24May2005, the date that the Minister approved the new allowance. It should be noted that the amendments to the new Principal Determination do not take effect until it commences operation on 31May 2005.

Clause 3 specifies that the amendment is made to both the old and new Principal Determinations, as amended. This is necessary to ensure continuity of the allowance when the old Principal Determination is repealed on 31 May 2005 by Defence Determination 2005/14, Conditions of service – repeal, savings and transitional. The new Principal Determination will commence operation from that day.

Attachment A inserts a new clause 2.6.21A into the old Principal Determination. This clause provides that a member who is certified by the Chief of the Defence Force as being liable to serve as a Navy engineer is entitled to a fortnightly payment of retention allowance. A member of the Royal Australian Naval Reserve also becomes entitled to the allowance when they hold a Navy engineer position on a continuous full-time basis. The annual rate of the allowance varies from $5,000 to $15,000, depending on the level of qualification held by the member. This benefit is an incentive to those members to stay in the ADF and continue to improve their qualifications.

Attachment B inserts a new clause 3.5.44 into the new Principal Determination. This clause is almost identical to the version in Attachment A, with minor style variations required by the format of the new Principal Determination.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review under the ADF redress of grievance system, including an appeal to the Defence Force Ombudsman.

The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

Authority: Section 58B of the
Defence Act 1903