Defence Determination 2008/35

Defence Determination 2008/35

I, BRIAN GARY PAULE, Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 23 July 2008
B G PAULE
Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

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Citation

This Determination is Defence Determination 2008/35, Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme.

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Commencement

This Determination commences on the day it is signed.

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Amendment

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

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Clause 3.5.2(Contents)

add at the end
Division 31:Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme

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Chapter 3 Part 5 Division 30 (Army and Air Force – Targeted pilot retention bonus scheme)

after the Division,insert

Division 31: Navy – Clearance Divers andMine WarfareClearance Diving Officers retention bonus scheme

3.5.296

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Purpose

This Division provides a retention bonus for Clearance Divers and Mine WarfareClearance Diving Officers in the Navy.

3.5.297

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Payments under this scheme

This Division provides for a bonus conditional on a member achievingan employment category, qualification or specialisation set out in paragraph a. or b.
a. / A payment of $25,000 to Clearance Diverswho do not hold the Advanced Clearance Diver qualification.
b. / A payment of $45,000 to the following members.
i. / Clearance Divers who hold the Advanced Clearance Diver qualification.
ii. / Mine Warfare Clearance Diving Officers.

3.5.298

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Member who is eligible under this Division

A member who meets all of the following conditions is eligible to apply for a bonus under this Division.
a. / The member is serving in either of the following circumstances.
i. / As a member of the Permanent Navy.
ii. / As a member of the Navy Reserve who is rendering a specified period of continuous full-time service.
See:Subsection 32A(3) Naval Defence Act 1910
b. / The member has completed an initial minimum period of service.
Note: This concept is defined in Determination 12A, made by the Chief of Navy under sub-regulations 90(6), 90(7), 91(2), 97(3), 97(6) and 98(2) of the Defence (Personnel) Regulations 2002.
c. / The member is in one of the following classes as determined by the DFRT from time to time.
i. / A Clearance Diver employment category specified under Schedule B.9 (Warrant Officer Class 1) or Schedule B.11 (Other Ranks) of DFRT Determination No. 15 of 2008, Salaries.
ii. / A Mine Warfare Clearance Diving Officer employment category specified under Part 2, ScheduleB.2 (Officer)of DFRT Determination No. 15 of 2008, Salaries.
d. / The member holds one of the following ranks.
i. / Leading Seaman.
ii. / Petty Officer.
iii. / Chief Petty Officer.
iv. / Warrant Officer.
v. / Lieutenant.
vi. / Lieutenant Commander.
e. / The member agrees to provide three years of effectiveservice using the form at Annex3.5.ZG.
See:Annex 3.5.ZG, Navy – Clearance Divers andMine WarfareClearance Diving Officers retention bonus scheme

3.5.299

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Member who is not eligible under this Division

A member in any of the following circumstances is not eligible to apply for a bonus under this Division.
a. / The member first meets a condition for eligibility under paragraphs 3.5.298.1.a – 3.5.298.1.d after 31 December 2008.
b. / The member has been selected for promotion to a rank not listed in paragraph 3.5.298.1.d.See:Clause 3.5.298, Member who is eligible under this Division
c. / The member will reach compulsory retirement age before the end of the three year period of service that the member must perform in return for the retention bonus, and the Chief of Navy has not accepted the member's application to have the member's retirement date extended to cover that period of service.
d. / The member's fixed period of service will end before the end of the three year period of service that the member must perform in return for the retention bonus,and the Chief of Navy has not accepted the member's application to have thefixed period of service extended to cover that period of service.

3.5.300

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Applying for the scheme

1. / An eligible member may apply to join the scheme by taking both of the following actions.
a. / Completing the prescribed form at Annex 3.5.ZG.
See: Annex 3.5.ZG, Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme
b. / Undertake to serve for three years in the scheme (this is called the agreed period of service).
2. / The application must state the member's employment category or specialisation, and the amount of retention bonus the member is applying for.
See: Clause 3.5.303, Payment of the retention bonus
3. / An eligible member may apply for a bonus under this Division until the relevant date.
a. / 31 December 2008.
b. / A date before 31 March 2009that Director General Navy Personnel and Training decides is reasonable, having regard to the member's circumstances.
Example:The Director General Navy Personnel and Training decides to extend a member's ability to apply because the member is deployed for six months in an area where there is no ability to send an application form.
4. / A member may only join the scheme once.
5. / A member must be notified of the outcome of their application.

3.5.301

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Acceptance

1. / An eligible member's application may be accepted by whichever of the following positions is relevant to the member.
a. / For an officer — Director Naval Officers' Postings.
b. / For a sailor — Director Sailors' Career Management.
2. / A member whose application has been accepted is taken to have undertaken to serve from the date the form at Annex 3.5.ZG is signed and witnessed.
See: Annex 3.5.ZG, Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme

3.5.302

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Service that counts towards a member's retention bonus

1. / The three yearagreed period of service the member undertakes to perform in return for the retention bonus must be served as effective service.
Note: It will take the member longer than the period they initially agreed to finish their agreed period of service, if they spend any time on ineffective service.
2. / For the purpose of a retention bonus under this Division, effective service means service that meets allthe following conditions.
a. / It is continuous full time service.
b. / It is paid.
Exception: Unpaid leave of less than 21 calendar days.
c. / It is not ineffective service under subclause 3.
3. / Thistable lists a range of leave types and events and sets out how a period of that leave or activity counts towardsa member's period of effective service.
Item / Activity / Effect
1. / Part-time leave without pay. / The paid componentcounts as effective service.
2. / Leave at full pay.
Examples: Recreation leave, full pay long service leave. / The whole period of this leave counts as effective service.
3. / Unpaid leave for less than 21 calendar days.
Example: Leave without pay
4. / Leave at half pay.
Example:Long service leave at half pay. / Half the period of the leave counts as effective service.
5. / Unpaid leave for 21 calendar days or more.
Example: Leave without pay / The period for which the member is in this situation does not count as effective service.
6. / Absence without leave.
7. / Imprisonment, detention or suspension from duty without pay.
8. / An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005.
9. / A period when the member was discharging a return of service obligation or another undertaking for further service.
Exception: An undertaking for further service associated with a promotion.

3.5.303

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Payment of the retention bonus

1. / A member whose application for the scheme has been accepted is to be paid a retention bonus payment under this clause.
2. / A member is entitled to a retention bonus payment amount assessed under the following table.
Item / A member who is a... / is to be paid to a retention bonus of...
1. / Clearance Diver who does not hold Advanced Clearance Diver qualifications / $25,000.
2. / Clearance Diver who holds Advanced Clearance Diver qualifications / $45,000.
3. / Mine Warfare Clearance Diving Officers

3.5.304

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Additional payment when member gains AdvancedClearance Diver qualification

1. / This clause applies to a member who is paid a retention bonus at the rate in item 1 of the table in subclause 3.5.303.2.
See: Clause 3.5.303, Payment of the retention bonus
2. / If the member gains the Advanced Clearance Diver qualification or Mine Warfare Clearance Diving Officers' qualification within three years of their application to join the scheme being accepted, then the member is to be paid an additional$20,000.

3.5.305

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Repayment when member leaves scheme

1. / If a member fails to complete their agreed period of service under this Division for any of the following reasons, they are not required to repay any part of the retention bonus or additional payment (if applicable).
a. / The Director General Navy Personnel and Training determines that the member's reason for ceasing to serve in the Navy is beyond the member's control.
Example: The member is terminated because of medical unfitness, or dies.
b. / The member transfers from the Permanent Force to the Reserves at Navy's initiative.
Authority: Chapter 8 Part 2 Division 2 or 3 of the Defence (Personnel) Regulations 2002.
2. / A member will be required to repay the full amount of the retention bonusincluding any additional payment (if applicable) if they fail to complete their agreed period of service for any of the following reasons.
a. / The member voluntarily leaves the Clearance Diver employment category or the Mine Warfare ClearanceDiving Officer specialisation.
b. / The member voluntarily transfers out of the Navy.
c. / The member voluntarily transfers to the Reserves.
d. / The member voluntarily applies to terminate service in the Permanent Force.
e. / The member's service is terminated for disciplinary reasons.

3.5.306

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Administration of payment

1. / A member may nominate payment details for the retention bonus, subject to these conditions.
a. / The form must be completed before the day the payment is due.
b. / The nomination must be on the form at Annex 3.5.ZG
See: Parts C and D of Annex 3.5.ZG, Navy – Clearance Divers and Mine WarfareClearance Diving Officers retention bonus scheme
2. / If a member does not nominate payment details in the form at Annex 3.5.ZG, the retention bonus may only be paid into the member's normal pay account.

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Annex 3.5.ZF (Air Force and Army – Targeted pilot retention bonus scheme)

insert at the end
the Annex set out in the Attachment.
NOTE
1. / Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments see Note to Defence Determination 2008/1 and see also Defence Determinations 2008/2, 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 and 34.

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ATTACHMENT

Annex 3.5.ZG: Navy–Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme

This form is in four parts.

Part A – provides information about the bonus scheme, and is for you to keep.

Part B – your application for the bonus scheme and agreement to serve three years in theClearance Diver employment category or the Mine Warfare Clearance Diving Officerspecialisation.

Part C – your election about how the bonus is paid.

Part D – additional payment information if you choose to pay the money into a superannuation fund.

Part A: Information about the retention bonus scheme

This Part provides information about the retention bonus, and is for you to keep.

I am applying for the Navy – Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus scheme. This is authorised under Chapter 3 Part 5 Division 31 of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 ("the Determination").

I understand that my application for this retention bonus is subject to the following terms and conditions.

1. I must meet the requirements to be eligible to apply for a bonus under the Determination.
2. If my fixed period of service will end before my three years of effective service would be served, my application to extend that fixed period must be accepted before I can join the scheme.
3. If I will reach my compulsory retirement age before my three years of effective service would be served, my application to extend this must be accepted before I can join the scheme.
4. I will be paid one of the following amounts when my application for the scheme is accepted.

a.$25,000, if I am a Clearance Diver who does not hold the Advanced Clearance Diver qualification.

b.$45,000,if I am a Clearance Diver who holds the Advanced Clearance Diver qualification.

c.$45,000, if I am a Mine Warfare Clearance Diving Officer.

1. If I am paid a $25,000 retention bonus when I join the scheme and I gain the Advanced Clearance Diver qualification or Mine Warfare Clearance Diving Officers' qualificationswithin three years of my application being accepted, I will receive an additional payment of $20,000.
2. I must serve three years of effective service if I am accepted into this scheme.
3. Effective service for the scheme is service in the Navy for which salary is paid. Leave or other events may not be effective service and may extend the period I have to serve. The table in subclause 3.5.302.3 of the Determination shows what counts as effective service.
4. If I incur a return of service obligation (ROSO) or other undertaking for further service after my application for this scheme has been accepted, I will complete my agreed period of service for this scheme before I serve my ROSO or other undertaking for further service (subject to any contrary terms of the ROSO or undertaking for further service).
5. Members who apply for other initiatives with an undertaking for further service (UFFS) should note that the further service is required to be undertaken consecutively.

Example:A member who is in receipt of the Navy Capability Allowance, Military Superannuation and Benefits Scheme retention benefit and the Clearance Divers and Mine Warfare Clearance Diving Officers retention bonus must provide nine and half years effective service in order to fully discharge their obligations under these schemes.

1. Advice regarding the order in which UFFS is to be discharged or what period of UFFS a member has remaining can be obtained from the Directorate of Sailors' Career Management.

1. If I leave the Clearance Diver employment category or the Mine Warfare Clearance Diving Officer specialisation before I complete three years' effective service for a reason specified in subclause 3.5.305.2 of the Determination, I must repay the full amount of the bonus.
2. I may not be asked to repay the full amount of the bonus if I do not complete the three years' effective service for a reason specified in subclause 3.5.305.1 of the Determination.
3. I may elect to pay the bonus into an approved superannuation fund using the forms provided at Parts C and D.
4. I am advised to seek professional legal and financial advice about this decision. ADF members are not qualified to provide this advice.

Full details of the retention bonus scheme are contained in Chapter 3 Part 5 Division 31 of Defence Determination 2005/15 Conditions of Service.

This application form, and the related parts of Defence Determination 2005/15, is the whole agreement between us about the nature of this scheme. It overrides any other prior understanding or agreement about the scheme. This would include, for instance, things I may have been told about the scheme or things I may have read elsewhere.

Part B: Application and undertaking to serve form

I,...... / …………………………………… / …………………………………… / ……………………………………
(Rank) / (Last name) / (Given name)
……………………………………...... / …………………………………… / ,
(Service number) / (Employee ID)

apply for the Navy – Clearance Divers and Mine WarfareClearance Diving Officers retention bonus scheme.

Please tick the box that applies.

[ ] / I am a Clearance Diver who does not hold the Advanced Clearance Diver qualification. Myretention bonus amount is $25,000.
[ ] / I am a Clearance Diver who holds the Advanced Clearance Diver qualification. Myretention bonus amount is $45,000.
[ ] / I am a Mine Warfare Clearance Diving Officer. Myretention bonus amount is $45,000.

Please tick the boxes that apply below.

I have read and understood Chapter 3 Part 5 Division 31 of Defence Determination 2005/15. / Yes [ ] / No [ ]
I have read and understood Part A of this form. / Yes [ ] / No [ ]
I have sought independent legal advice in relation to this undertaking. / Yes [ ] / No [ ]
I have sought independent financial advice in relation to this undertaking. / Yes [ ] / No [ ]
I have completed the options for payment (see Parts C and D of this form.) / Yes [ ] / No [ ]
The extension of my compulsory retirement age beyond the period of service required for the bonus has been approved. / Yes [ ] / No [ ]
N/A [ ]
The extension of my fixed period of service beyond the period of service required for the bonus has been approved. / Yes [ ] / No [ ]
N/A [ ]
[ ] / I agree to provide three years of effective service.
[ ] / This is my first application for a place in the scheme.
Dated this / day of
Signed / Printed name
Witness
Signed / Printed name

I approve the application under Chapter 3, Part 5, Division 31 of Defence Determination No. 2005/15, Conditions of Service.

…………………………………….

APPROVED

DNOP/DSCM

Part C: Payment details

This form must be submitted along with the application and undertaking to serve form (Part B).

…………………………… / …………………………… / …………………………… / ……………………………
(Rank) / (Last name) / (Given name) / (Employee ID)

There are three options for payment.

Option one: / Paid into the member's normal pay account. The amounts will be taxed at the applicable tax rate at the time of payment.
Option two: / As an employer contribution to an approved superannuation fund. This election is made once, but you will later be able to vary this election.
Option three: / As a combination of these.

All members are strongly advised to seek professional financial advice when making this decision. ADF members are not qualified to provide this advice.

Retention bonus payment

I choose this payment method for my retention bonus:

Option one:[ ] / Paid into my normal pay account. The amounts will be taxed at the applicable tax rate at the time of payment.
Option two:[ ] / The full amount paid as an employer contribution to superannuation. I have nominated a superannuation fund in Part D of this form.
Option three:[ ] / 1. ______% of the bonus payment as an employer contribution to superannuation. I have nominated a superannuation fund in Part D of this form.
2. The balance of the amount paid into my normal pay account. These will be taxed at the applicable tax rate.

Please tick the box that applies. Only select one of the options.

Part D: Superannuation fund nomination

This section must be completed if either option two or three has been selected for one of the items in PartC. It is the member’s responsibility to supply superannuation fund details.