Clause 4.4.10A (Rate of ADF District Allowance Shoalwater Bay Training Area Transitional)

Defence Determination 2007/44

I, STEVEN RICHARD GRZESKOWIAK, Director General Personnel Policy and Employment Conditions, Personnel Executive, make this Determination under section 58B of the
Defence Act 1903.
Dated 19 July 2007
S R GRZESKOWIAK
Director General
Personnel Policy and Employment Conditions
Personnel Executive

1 Citation

This Determination is Defence Determination 2007/44, Conditions for members on Operation Outreach.

2 Commencement

1. / Item 7 of the table in clause 6 commences on the date of signature.
2. / The remainder of this Determination is taken to have commenced on 29 June 2007.

3 Amendment

Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.

4 Clause 4.4.4 (Definitions), table

substitute
Term / Definition in this Division
Forward operating base / For a member assigned for duty on Operation Outreach, the place used by the member as a base for trips to other locations in the Northern Territory. It is one of Darwin, Katherine, Alice Springs or Gove (Nhulunbuy).
Grade / For a remote location, the grade specified for it in Annex 4.4.A.
Harbour craft / A vessel that is not liable, in the ordinary course of duty with the ADF, to be ordered to sea.
Remote location / A location mentioned in Annex 4.4.A.

5 Clause 4.4.10A (Rate of ADF district allowance – Shoalwater Bay training area – transitional)

insert at the end

4.4.10B

ADF district allowance – members working on Operation Outreach

The following special conditions apply to a member working on Operation Outreach.
a. / The member is not required to meet the 21 day qualifying time in paragraph 4.4.5.1.b to be entitled to ADF district allowance.
See: Paragraph 4.4.5.1.b, Members who are entitled
Example: A member moves from Gove to Darwin for 14 days. The member is entitled to ADF district allowance.
b. / The member is paid the rate of ADF district allowance that applies to the member's forward operating base while the member is in the Northern Territory.
Example 1: A member's forward operating base is Alice Springs. The member moves to an isolated location that does not have an ADF district allowance rate. The member is paid the Alice Springs rate for the whole period.
Example 2: A member's forward operating base is Alice Springs. The member performs a month of duty in Katherine. The member is paid the Alice Springs ADF district allowance rate for the whole period, even though the rate for Katherine is higher.
c. / For the purposes of this clause, all of the Northern Territory is taken to be a remote location under this Division and Division 2.
Related Information: Division 2, ADF district allowance – movement to or from remote location
Related Information:
Clause 4.6.11, Conditions for Operation Outreach Task Force Commander

6 Clause 4.6.10 (Parking space)

insert at the end

4.6.11 Conditions for Operation Outreach Task Force Commander

1. / The employment conditions for the Operation Outreach Task Force Commander are to be varied from those that would otherwise apply, as provided by the following table.
Item / Condition / Variations
1. / ADF district allowance / a. / The member does not have to meet the 21 day requirement in paragraph 4.4.5.1.b.
See: Paragraph 4.4.5.1.b, Members who are entitled
b. / For the purposes of Chapter 4 Part 4, Divisions 1 and 2, all of the Northern Territory is taken to be a remote location.
Related Information:
Chapter 4 Part 4 Division 1, ADF district allowance – general and rates
Chapter 4 Part 4 Division 2, ADF district allowance – movement to or from remote location
c. / The member is to be paid ADF district allowance at the rate of $3680 a year.
2. / Privately-plated vehicle / The member is entitled to the use of a four-wheel drive vehicle in addition to the vehicle provided under subclause 4.6.8.1.
See: Clause 4.6.8, Privately-plated Defence vehicle
Note: This vehicle is provided through the Department of Families, Community Services and Indigenous Affairs.
3. / Housing / The following arrangements apply for housing.
a. / The member has no entitlement to housing assistance under this Determination for housing in Alice Springs.
b. / The member is not required to pay a contribution towards housing in Alice Springs.
c. / The member may be entitled to housing assistance for housing for the member's dependants not in Alice Springs.
See: Chapter 7, ADF housing and meals
Note: The member will have suitable housing provided in Alice Springs by the Department of Families, Community Services and Indigenous Affairs.
4. / Additional recreation leave for service in a remote location / The following variations apply to the member's entitlement to additional recreation leave for service in a remote location.
a. / The member accrues additional recreation leave at the rate of three days a year, for all service in the Northern Territory.
b. / The member does not have to meet the 30 day requirement in subclause 5.2.16.2.
See: Clause 5.2.16, Service in a remote location
5. / Removals / The member is entitled to a removal to and from Alice Springs.
See: Chapter 6, Part 6, Removals and storage
Note: The removal will be provided by the Department of Families, Community Services and Indigenous Affairs.
6. / Reunion travel / a. / Subclause 9.3.26.1 is to be read as if the member is entitled to one reunion trip a month.
b. / Subclause 9.3.26.5 is to be read as if the member is entitled to a combined total of 12 trips a year.
See: Clause 9.3.26, Frequency and cost of reunion travel
7. / Remote location leave travel / The member is not eligible for remote location leave travel.
See: Chapter 9, Part 4, Division 4, Remote location leave travel
8. / Payment of travel costs / The member is not eligible for payment of travel costs for travel associated with Operation Outreach.
See: Chapter 9, Part 5, Payment of travel costs
Note: The member is eligible for payment of travel costs through an administrative arrangement with the Department of Families, Community Services and Indigenous Affairs.
2. / The Operation Outreach Task Force Commander may be provided with any other employment condition, providing the member meets the eligibility criteria for that condition.

7

Subclause 5.2.16.5 (Service in a remote location)

insert at the end
6. / The following special conditions apply to a member working on Operation Outreach.
a. / The member accrues additional recreation leave in accordance with the following table, for all service in the Northern Territory.
Item / If a member's forward operating base is... / the member accrues additional recreation leave...
1. / Alice Springs / at the rate of three days a year.
2. / Darwin
3. / Gove (Nhulunbuy) / at the rate of five days a year.
4. / Katherine
b. / The member does not have to meet the 30 day requirement in subclause 2.
Related Information:
Clause 4.6.11, Conditions for Operation Outreach Task Force Commander

Subclause 9.3.26.1 (Frequency and cost of reunion travel)

insert at the end
Exception: See clause 4.6.11, Conditions for Operation Outreach Task Force Commander, for special conditions that apply to that position.

Clause 9.4.23 (Purpose)

insert at the end
Related Information: See clause 4.6.11, Conditions for Operation Outreach Task Force Commander, for special conditions that apply to that position.
NOTE
1. / Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments see Note to Defence Determination 2007/1 and see also Defence Determinations 2007/2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43.

EXPLANATORY STATEMENT

Defence Determination 2007/44

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter 4 of the Principal Determination deals with allowances for members of the Australian Defence Force (ADF).

This Determination implements revised employment conditions for ADF members who are working on Operation Outreach. Operation Outreach is the name given to Defence assistance to the national emergency response to protect Aboriginal children in the Northern Territory.

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

Clause 2 of this Determination provides that this Determination commences on two dates. Item 7 of the table in clause 6 commences on the date of signature. The remainder of the Determination is taken to have commenced on 29 June 2007, the date of commencement of Operation Outreach.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4 substitutes a new definitions table in clause 4.4.4 of the Principal Determination. The effect of the change is to include a new definition, for the term forward operating base. For members working on Operation Outreach the forward operating base will be one of Darwin, Katherine, Alice Springs or Gove.

Clause 5 inserts a new clause 4.4.10B into the Principal Determination. The new clause sets out variations to ADF district allowance, for members working on Operation Outreach. The changes make it possible for members to move frequently across the Northern Territory and remain eligible for the rate of ADF district allowance that applies to the member's forward operating base.

Clause 6 inserts a new clause 4.6.11 into the Principal Determination. The new clause sets out variations to employment conditions for the Operation Outreach Task Force Commander. Changes include a higher accrual rate of reunion travel, the Alice Springs rate of ADF district allowance and recreation leave accrual no matter where the member is in the Northern Territory, and no entitlement to remote location leave travel.

Clause 6 also removes all entitlement under the Principal Determination to travel costs and housing in the Northern Territory, for the Operation Outreach Task Force Commander. Administrative arrangements have been made with the Department of Families, Community Services and Indigenous Affairs, for this member to be supplied with travel costs and housing of a comparable standard to that provided under the Principal Determination.

Clause 7 inserts a new subclause 5.2.16.6 into the Principal Determination. The new subclause sets special conditions for the accrual of additional recreation leave for service in a remote location, for members working on Operation Outreach. The changes make it possible for members to move frequently across the Northern Territory and remain eligible for the rate of additional recreation leave that applies to the member's forward operating base.

Clauses 8 and 9 insert new cross references into subclause 9.3.26.1 and clause 9.4.23 of the Principal Determination, respectively. The cross references alert the reader of the reunion travel and the remote location leave travel provisions to the special rules for the Operation Outreach Task Force Commander, inserted by clause 6 of this Determination.

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 a person.

Authority: Section 58B of the
Defence Act 1903