Defence Determination 2011/28, Choice contribution scheme and minor technical amendments

I, PETER ARTHUR ELLIS BAVINGTON, Acting Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 22 June 2011
P A E BAVINGTON
Acting Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

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PAGE INTENTIONALLY LEFT BLANK

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Citation
1. / This Determination is Defence Determination 2011/28, Choice contribution scheme and minor technical amendments.
2. / This Determination may also be cited as Defence Determination 2011/28.
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Commencement
This Determination commences on the day after it is gazetted.
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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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Annex 4.4.A (Remote locations for ADF district allowance)
substitute the item for Shoalwater Bay training area
Shoalwater Bay training area / A
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Subclause 6.6.4.1 (Members entitled to removal), table item 3
omit
Division 5
insert
Division 6
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Clause 7.1.15 (Posting location), table item 6
omit
Division 5
insert
Division 4
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Subclause 7.5.13.3 (Rent band for a member's rank group)
omit
Choice contribution scheme
insert
Higher contribution scheme
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Subclause 7.5.16.2 (Amenity-based classification for a member's rank group), see
omit
Choice contribution scheme
insert
Higher contribution scheme
9
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Clause 7.5.44 (Choice contribution scheme, above rank group), title

substitute

7.5.44 Higher contribution scheme, above rank group

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Clause 7.5.44 (Higher contribution scheme, above rank group), note

omit
choice contribution scheme
insert
higher contribution scheme

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Paragraph 7.5.49.4.a (Member promoted or commissioned)

omit
choice contribution scheme
insert
higher contribution scheme

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Subclause 7.5.50.3 (Member reduced in rank)

omit
choice contribution scheme
insert
higher contribution scheme

13

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Subclause 7.5.50.5 (Member reduced in rank)

omit
choice contribution scheme
insert
higher contribution scheme

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Clause 7.6.3 (Definitions), table

omit
Diagram to illustrate how rent allowance works.
insert
Example of how rent allowance works

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Subclause 7.6.17.1 (Contribution for rented home), see

omit
Diagram to illustrate how rent allowance works.
insert
Example of how rent allowance works

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Subclause 7.6.19.3 (Working out rent allowance), example table 1, item 1

omit
column 5
insert
column 4

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Annex 7.D (Diagram to illustrate how rent allowance works)

substitute
the Annex set out in Attachment A

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Subclause 8.6.9.2 (Assistance with respite, personal care or therapy services)

omit
Application for assistance with respite, personal care or therapy services
insert
Application for assistance with respite, personal care, therapy services or equipment hire

19

/

Subclause 8.6.10.2 (Assistance with equipment hire)

omit
Form AC 836 – Application for assistance to hire equipment
insert
Form AC 835 – Application for assistance with respite, personal care, therapy services or equipment hire

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Annex 8.6.A (Dependants with special needs)

substitute
the Annex set out in Attachment B

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Subclause 9.1.4.8 (Normal departmental liability)

omit
This a matter for the member to pay.

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Subclause 9.3.26.1 (Frequency and cost of reunion travel), exception

omit

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Chapter 13 Part 4 (Special conditions and allowances – ADF only)

number the clauses immediately following the Part title as follows

13.4.0 Overview

13.4.0A Contents

NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2011/1 and Defence Determinations 2011/2, 3, 4, 5, 6, 7, 8, 9, 10,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27.

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ATTACHMENT A
Annex 7.D: Example of how rent allowance works
The following example shows how rent allowance concepts work together. The following concepts are used.
a. / Rent ceiling.
b. / Member contribution.
c. / Rent allowance.
Total rent is $1026 a fortnight
The 'rent ceiling' for the member is $976 a fortnight / The amount above the rent ceiling
Member pays a contribution of $439.58 a fortnight / Commonwealth pays balance of rent up to rent ceiling.
($976 - $439.58 = $536.42 a fortnight)
This is the amount of rent allowance. / Member pays extra $50 a fortnight for rent above ceiling.
Example: A Sergeant rents a 3 bedroom home in Canberra for $1026 a fortnight which is $50 above the rent ceiling. The member contributes $439.58 to the rent and the amount above the rent ceiling. The Commonwealth pays the balance of $536.42 a fortnight.
ATTACHMENT B
Annex 8.6.A: Dependants with special needs

See: Chapter 8 Part 6

Copies of:
Assessment of assistance on posting (AD 355)
Application for special needs pre-posting visit (AC 834)
Application for assistance with respite, personal care, therapy services or equipment hire (AC835)

Note: For the forms in this Determination please refer to the PDF version.

EXPLANATORY STATEMENT

Defence Determination 2011/28

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). The following Chapters of the Principal Determination set out provisions for members of the Australian Defence Force (ADF).

  • Chapter 4 sets out provisions dealing with allowances and reimbursements.
  • Chapter 6 sets out provisions dealing with relocations on posting in Australia.
  • Chapter 7 sets out provisions dealing with housing and meals.
  • Chapter 8 sets out provisions dealing with members and their dependants.
  • Chapter 9 sets out provisions dealing with travel costs in Australia.
  • Chapter 13 sets out provisions dealing with short-term duty overseas.

This Determination has two main purposes.

  • To amend the name of the 'Choice contribution scheme' to 'Higher contribution scheme'.
  • To make various other minor and technical amendments.

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 on the day after it is notified in the Government Notices Gazette.

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

Clause 4 substitutes the item for Shoalwater Bay training area in Annex 4.4.A of the Principal Determination which provides ADF district allowance for remote locations. The amendment removes the cross reference to clause 4.4.10A as this clause was removed by Defence Determination 2007/71.

Clause 5 amends table item 3 in subclause 6.6.4.1 of the Principal Determination by updating a cross reference to refer correctly to Division 6, instead of to Division 5.

Clause 6 amends table item 6 in clause 7.1.15 of the Principal Determination by updating a cross reference to refer correctly to Division 5, instead of to Division 4.

Clauses 7 to 13 amend Part 5 of Chapter 7 of the Principal Determination, which relates to Service residences for members. These changes will reduce the confusion between the 'Choice contribution scheme' and 'rent band choice'. The former relates to the standard of a Service residence and the latter to a rented home similar to a Service residence.

  • Clause 7 amends a cross reference to a scheme in subclause 7.5.13.3 from 'Choice contribution scheme' to 'Higher contribution scheme'. This change is to reflect changes made under clause 9 of this Determination.
  • Clause 8 amends a cross reference to a scheme in subclause 7.5.16.2 from 'Choice contribution scheme' to 'Higher contribution scheme'. This change is to reflect changes made under clause 9 of this Determination.
  • Clause 9 amends the name of clause 7.5.44 from 'Choice contribution scheme, above rank group' to 'Higher contribution scheme, above rank group'.
  • Clause 10 amends the note reference to a scheme in clause 7.5.44 from 'Choice contribution scheme' to 'Higher contribution scheme'. This change is to reflect changes made under clause 9 of this Determination.

  • Clause 11 amends the reference of the scheme in paragraph 7.5.49.4.a from 'Choice contribution scheme' to 'Higher contribution scheme'. This change is to reflect changes made under clause 9 of this Determination.
  • Clauses 12 and 13 amend the references of the scheme in subclauses 7.5.50.3 and 7.5.50.5 respectively from 'Choice contribution scheme' to 'Higher contribution scheme'. This change is to reflect changes made under clause 9 of this Determination.

Clause 14 amends the cross reference in the table in clause 7.6.3 of the Principal Determination. The amendment updates the title of the Annex from 'Diagram to illustrate how rent allowance works' to 'Example of how rent allowance works' to reflect changes made in clause 18 of this Determination.

Clause 15 amends the see reference in subclause 7.6.17.1 of the Principal Determination. The amendment updates the title of the Annex from 'Diagram to illustrate how rent allowance works' to 'Example of how rent allowance works' to reflect changes made through clause 18 of this Determination.

Clause 16 amends item 1 of example table 1 in subclause 7.6.19.3 of the Principal Determination. The amendment updates a cross reference to refer correctly to column 4 in Annex 7.A3, instead of to column 5.

Clause 17 substitutes Annex 7.D of the Principal Determination which provides a diagram to illustrate how rent allowance works. The amendment updates the Annex from a diagram to an example of how rent allowance works and changes the figures used from weekly to fortnightly. This will help members to see how rent allowance works and also makes very clear that it is intended to be an example only.

Clauses 18 and 19 amend subclauses 8.6.9.2 and 8.6.10.2 respectively of the Principal Determination. The amendments update references to an internal Defence administration form that a member is required to complete when applying for assistance with respite, personal care, therapy services or equipment hire. The information was contained in two separate forms which were revised and merged together.

Clause 20 amends Annex 8.6.A of the Principal Determination. The amendment updates references to administration forms to reflect changes made under clauses 19 and 20 of this Determination.

Clause 21 amends subclause 9.1.4.8 of the Principal Determination by removing a sentence that limited the payment of the cost of an escort for a child on a commercial carrier to a member. Removing the sentence will allow anyone to pay for the escort.

Clause 22 omits the exception in subclause 9.3.26.1 of the Principal Determination. The exception cross refers to clause 4.6.11 of the Principal Determination which was removed by Defence Determination 2009/21.

Clause 24 amends the clauses immediately following the Part title in Chapter 13 Part 4 of the Principal Determination. The amendment numbers the 'Overview' and 'Contents' clauses which assist the user to navigate the 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.

Authority: Section 58B of the
Defence Act 1903