Defence Determination 2005/8

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 7 April 2005

S J PARR

Director General

Personnel Policy and Employment Conditions

Defence Personnel Executive

[ref488]

1Name of Determination

This Determination is Defence Determination 2005/8, Civil practice support and hardship allowance – amendment.

2Date of effect

This Determination is to be taken to have commenced on 28 March 2005.

3Amendment

Defence Determination 2003/21, Conditions of Service, as amended,1 is amended as set out in this Determination.

4Clause 10.1.10 (Special entitlement for members assigned for peacetime duty on OPERATION SUMATRA ASSIST)

substitute

In spite of any contrary words in this Division, a member who has a functioning civil medical practice is entitled to civil practice support allowance, as if subclause10.1.9 applied to them, if either:

(a)the CDF certifies that the person is on a specialist medical roster in support of the peacetime OPERATION SUMATRA ASSIST, to provide medical assistance to those areas of Indonesia, Malaysia and Thailand damaged by the tsunami of 26 December 2004; or

(b)the CDF certifies that the person is on a specialist medical roster in support of the peacetime OPERATION SUMATRA ASSIST PHASE II, to provide medical assistance to those areas of Indonesia damaged by the earthquake of 28March 2005.

5Subclause 16.2.3.3 (Qualifying period)

substitute

3. / Despite subclause 1, a member assigned for short-term duty with OPERATION SUMATRA ASSIST or OPERATION SUMATRA ASSIST PHASE II is not required to serve the 28-day qualifying period before becoming eligible for hardship allowance.

6Part 1 of Annex 16.A (Hardship post conditions of service for specific posting locations)

insert after item 10A

10B. / Indonesia – Propinsi Sumatera Utara (Province of North Sumatra) / – / – / – / – / – / 2.0 / G

______

NOTE

1.Defence Determination 2003/21, as amended to date. For previous amendments see Note to Defence Determination 2005/1 and see also Defence Determinations 2005/1, 2, 3, 4, 5, 6 and 7.

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EXPLANATORY STATEMENT

Defence Determination 2005/8

This Determination amends Defence Determination 2003/21, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter10 of the Principal Determination sets out a civil practice support allowance for specialist Reserve medical officers in the ADF. Chapter 16 of the Principal Determination sets out provisions dealing with conditions of service for members of the Australian Defence Force (ADF) who perform peacetime duty at a location to which a hardship grading applies.

The primary purpose of this Determination is to increase the amount of hardship allowance payable to members of the ADF who are assigned for short-term duty with the peacetime operation known as OPERATION SUMATRA ASSIST PHASE II in Indonesia. These members have been serving on the island of Nias and surrounding areas to provide emergency disaster and humanitarian relief following the earthquake of 28 March 2005.

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 commences 28 March 2005, the day of the earthquake disaster. This ensures that the ADF members who have been providing assistance in the area will be eligible for the allowances from the date they commenced that work.

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

Clause 4 inserts a new clause 10.1.10 into the Principal Determination. The new clause allows specialist Reserve medical officers serving on OPERATION SUMATRA ASSIST PHASE II to be eligible for civil practice support allowance during time away from their Australian medical practices.

Clause 5 amends subclause 16.2.3.3 of the Principal Determination to expressly include OPERATION SUMATRA ASSIST PHASE II so that the usual qualifying period for hardship allowance will not apply to members serving in the earthquake-affected area of Indonesia.

Clause 6 inserts a new item 10B into the table at Part 1 of Annex 16.A of the Principal Determination. This provides that the Propinsi Sumatera Utara (Province of North Sumatra) attracts hardship allowance based on the highest hardship grade, G. This higher rate of allowance is due to the high level of damage to the location's infrastructure (including the subsequent loss of amenity and hygiene in that environment) following the earthquake and the resulting hardship conditions that ADF members face while serving in the area.

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.

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.

Authority:Section 58B of the

Defence Act 1903

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