Defence Determination 2011/48, Travelling and Leave Amendment

Defence Determination 2011/48, Travelling and leave – amendment

I, PETER ARTHUR ELLIS BAVINGTON, Acting Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated31 October2011
P A E BAVINGTON
Acting Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2011/48, Travelling and leave – amendment.
2. / This Determination may also be cited as Defence Determination 2011/48.

2 Commencement

This Determination commences on the day of signature.

3 Amendment

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

4 Clause 5.2.9 (Additional recreation leave)

insert at the end
e. / Duty assigned to a non-warlike deployment.

5 Subclause 5.2.11.1 (How additional leave accrues)

after subclause 5.2.11.1, insert
1A. / Additional recreation leave credit that a member accruesunder clause 17.9.4 is subject to the general administration and payment rules set out in Division 6 of this Part. It is not subject to the limit set out in subclause 3 of this clause.

6 Subclause 5.2.24.3 (Conditions of granting of leave)

substitute
3. / Leave can only be granted for the following periods.
a. / Whole days of a single leave type.
b. / Whole days made up of a part-day of recreation leave credit and a part-day of war service leave credit.
See: Subclause 5.2.26.3, Grant of recreation leave

7 Subclause 5.2.26.3 (Grant of recreation leave)

omit
Leave may only be granted for whole days.
substitute
Recreation leave may only be granted for whole days, unless subclause 4 applies.

8 Subclause 5.2.26.3 (Grant of recreation leave)

after subclause 5.2.26.3, insert
4. / If a member has a part-day of recreation leave credit and a part day of war service leave credit that total at least one full day of leave, the following actions may be taken.
a. / The member may apply to take a part-day of war service leave and a part-day of recreation leave, that form a combined total of one day of leave.
b. / The member may keep any remaining part-day of leave credit that exceeds the total of one day as credit for future use.
Related Information: Chapter 5 Part 6, War service leave

9

Clause 5.6.4 (Granting leave)

substitute

5.6.4

Granting leave

1. / The CDF may grant war service leave to a member for a period up to the period of the member's war service leave credit.
2. / The member may only be granted a part day of war service leave in combination with a part day of recreation leave.
See: Clause 5.6.6, Debiting leave credit

Subclause 5.6.6.2 (Debiting leave credit)

after subclause 5.6.6.2, insert
3. / If a member has a part-day of war service leave credit, it can be combined with a part day of recreation leave credit in order to provide the member with a whole day of leave credit to take.
Related Information: Chapter 5 Part 2, Recreation leave

Paragraph 5.7.16.1.d (Member this Division applies to)

after paragraph 5.7.16.1.d, insert
e. / Return travel to Australia from a deployment using relief out-of-country travel fareassistance provided under Chapter 17.
See: Chapter 17 Part 9 Division 6, Relief out-of-country fare assistance

Subclause 5.7.17.6 (Entitlement)

after subclause 5.7.17.6, insert
7. / For a member travelling on a journey to or from Australiaon relief out-of-countrytravelfareassistance, the period of travelling leave is a form of additional recreation leave. It is taken on occurrence and does not accrue as a leave credit.

Paragraph 17.9.11.1.b(Allowance during leave after deployment)

substitute
b. / They start a period of leave during or immediately after ending duty with the deployment.

Subclause 17.9.11.1(Allowance during leave after deployment)

after subclause 17.9.11.1, insert
1A. / This clause applies in relation to the following leave types.
a. / Basic recreation leave accrued during the deployment.
b. / Additional recreation leave accrued during the deployment.
c. / Before 18 February 2011, additional recreation leave (travelling leave) for a member on a relief-out-of-country fare to Australia.
Note:If taken on or after 18 February 2011, this type of leave does not attract payment of deployment allowance but it does not break continuity for the payment of the allowance for accrued leave types.
d. / War service leave.

Subclause 17.9.11.5(Allowance during leave after deployment)

omit
3
insert
1A

Paragraph 17.9.27.1.b(Allowance during leave after deployment)

substitute
b. / They start a period of leave during or immediately after ending duty with the deployment.

Subclause 17.9.27.1(Allowance during leave after deployment)

after subclause 17.9.27.1, insert
1A. / This clause applies in relation to the following leave types.
a. / Basic recreation leave accrued during the deployment.
b. / Additional recreation leave accrued during the deployment.
c. / Before 18 February 2011, additional recreation leave (travelling leave) for a member on a relief-out-of-country fare to Australia.
Note:If taken after on or after 18 February 2011, this type of leave does not attract payment of international campaign allowance but it does not break continuity for the payment of the allowance for accrued leave types.
d. / War service leave.

Clause 17.9.33 (Member this Division applies to)

substitute
This Division applies to a member for any period in which they are deployed to a non-warlike operation.

Clause 17.9.34 (Rate of accrual)

substitute
The member accrues additional recreation leave up to a maximum of 10 days a year on a pro-rata basis for the period of their non-warlike deployment.
Related Information:Chapter 5 Part 2 Division 6 explains the administrative arrangements for additional recreation leave.

Clause 17.9.35 (Effect on other leave)

substitute

17.9.35

Effect on other leave

1. / The member does not accrue extra recreation leave credit for difficult or prolonged duty for any period when they accrue leave credit under this Division.
See: Chapter 5 Part 2 Division 4, Extra recreation leave
2. / Travelling leave taken for relief-out-of-country travel between Australia and a deployment is a non-accruable form of additional recreation leave.
a. / If the leave was leave taken before 18 February 2011, it attracted payment of deployment or international campaign allowance.
b. / If the leave was taken on or after 18 February 2011,it does not attract payment of deployment or international campaign allowance but it does not break continuity for the payment of those allowances for accrued leave types.

Paragraph 17.9.38.1.a (Conditions)

after paragraph 17.9.38.1.a, insert
Exception:CDF may approve a relief-out-of-country travel fare for a member on a deployment of less than 6 months, having regard to whether the member is performing exceptionally demanding duties, or is likely to serve multiple deployments in a 12 month period.

Subclause 17.9.38.2 (Conditions), table item a

omit
0
insert
0
Exception: If paragraph 17.9.38.1.a. approval is given, 1 trip.

Subclause 17.9.38.3 (Conditions)

after subclause 17.9.38.3, insert
4. / The member may be provided with travelling leave if they take a relief-out-of-country travel fare to Australia.
Note:If taken on or after 18 February 2011, this type of leave does not attract payment of international campaign or deployment allowance but it does not break continuity for the payment of those allowances for accrued leave types.
See:
Division 1, Deployment allowance
Division 3, International campaign allowance

Transitional

1. / To avoid doubt, the benefits in this Determination may be provided in relation to leave credits accrued before its commencement.
2. / To avoid doubt, a member who took a period oftravelling leave in conjunction with a relief-out-of-country travel fare prior to 18 February 2011 is taken to have been given a form of additional recreation leave for that period.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Noteto 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, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47.

EXPLANATORY STATEMENT

Defence Determination 2011/48

This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter5 of the Principal Determination sets out provisions dealing with leave for members of the Australian Defence Force (ADF). Chapter 17 of the Principal Determination sets out provisions dealing with warlike and non-warlike deployments for members of the Australian Defence Force (ADF) and Australian Public Service (APS) employees.

This Determination makes a number of minor changes that permit members to use leave credits in a flexible way. This ensures that the members are able to rest and recuperate for as much as possible of the period of leave that they have accrued during duty with a deployment.

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

Clause 2 of this Determination provides that the Determination commences on the day of signature.

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

Clause 4 amends subclause 5.2.9of the Principal Determination, to include a reference to additional recreation leave that is credited to a member for service with a non-warlike operation. This ensures that the general introduction to this type of leave more comprehensively describes all the circumstances in which it may be provided to a member.

Clause 5 inserts a new subclause 5.2.11.1A into the Principal Determination. The subclause makes clear that the general administrative arrangements relating to leave apply in relation to additional recreation leave that is provided in relation to service with a non-warlike operation. This is important to ensure there is no doubt that part-days of leave can be combined with war service leave as set out in this Determination.

Clause 6substitutes subclause 5.2.24.3 of the Principal Determination, which deals with the granting of recreation leave. This amendment removes the bar to a member being granted less than a full day of recreation leave, in certain circumstances.

Clauses7 and 8amend subclause 5.2.26.3 of the Principal Determination, which deals with the granting of recreation leave. This subclause previously provided that a member could only use their leave credit to take a full day of leave. The implication was that the credit is necessarily recreation leave credit, which is the subject matter of the clause. This amendment permits a part-day of recreation leave credit to be added with a part-day of war service leave credit to form a full day of combined leave credit. This in turn allows the member to apply to take that day as leave, making the most of their accrued credit. The amendment also makes clear that if the two part-days combine to a total that is more than a full day of leave credit, any remaining part of a day is retained as credit by the member.

Clause 9 amends clause 5.6.4 of the Principal Determination.This amendment makes clear that there is no bar to a member being granted less than a full day of war service leave, in certain circumstances.

Clause 10inserts a new subclause 5.6.6.3 into the Principal Determination, consequential upon the amendments made by clauses6, 7 and 8 and 9 of this Determination. Clause 5.6.6 provides that a member can use their war service leave credit to take full days of leave. The implication is that the credit is necessarily war service leave credit, which is the subject matter of the clause. This amendment permits a part-day of war service leave credit to be added with any kind of recreation leave credit, to form a full day of combined leave credit. This in turn allows the member to apply to take that day as leave, making the most of their accrued credit.

Clause 11inserts a new paragraph 5.7.16.1.e into the Principal Determination. The new paragraph sets out the relationship of travelling leave with relief-out-of-countrytravelfareassistance for members travelling between a deployment overseas and Australia in order to take a period of leave. The use of travelling leave on-occurrence as additional recreation leave ensures that a member returning to Australia is able to spend their accrued period of leave at their home destination, instead of travelling to and from the destination.

Clause 12 inserts a new subclause 5.7.17.7 into the Principal Determination. The new subclause makes clear that the travelling leave taken by a member on a relief-out-of-country fare to return to Australia from a deployment is additional recreation leave, it does not reduce the period of accrued leave the member may take on arrival in Australia.

Clauses 13 through 15 make changes to deployment allowance consequential on the changes made by clauses11 and 12 of this Determination. The opportunity has been taken to make these clauses reflect more accurately how leave and deployment allowance interact:

Clause 13 substitutes paragraph 17.9.11.1.b to make clear that allowances may be paid on leave taken during the deployment as well as at the end of the period. This explains that an intervening period of traveldoes not prevent the payment of allowances for periods spent onleave in Australia, when leave earned during the deployment may be taken.
Clause 14 inserts a new subclause 17.9.11.1A into the Principal Determination. This new subclause lists the types of leave that may attract the payment of allowances after a deployment. This makes clearer that the allowances continue only duringthe sorts of leave that follow immediately after deployment activity and not for non-accruable leave types or long service leave. It also reflects that allowances have not been paid for the non-accruable component of additional recreation leave known as travelling leave since 18 February 2011. This reflects the Defence pay system's increased ability to distinguish between time spent travelling, for which additional period of leave is provided, and the leave credit that actually accrues during a period for which an allowance is payable, consistent with the principal that leave earned during a period of higher earning is paid at that higher rate.
Clause 15amends subclause 17.9.11.5 to refer to the subclause that lists the relevant leave types. The current 17.9.11.3 does not actually specify any relevant leave types, although it implies that only accruable leave types would be qualify for payment of allowances.

Clauses 16and 17 make changes to international campaign allowance consequential on the changes made by clauses 11 and 12 of this Determination.

Clause 16 substitutes paragraph 17.9.27.1.b to make clear that allowances may be paid on leave taken during the deployment as well as at the end of the period. This explains that an intervening period of travel does not prevent the payment of allowances for periods spent on leave in Australia, when leave earned during the deployment may be taken.
Clause 17 inserts a new subclause 17.9.27.1A into the Principal Determination. This new subclause lists the types of leave that may attract the payment of allowances after a deployment. This makes clearer that the allowances continue only during the sorts of leave that follow immediately after deployment activity and not for non-accruable leave types or long service leave.It also reflects that allowances have not been paid for the non-accruable component of additional recreation leave known as travelling leave since 18 February 2011. This reflects the Defence pay system's increased ability to distinguish between time spent travelling, for which additional period of leave is provided, and the leave credit that actually accrues during a period for which an allowance is payable, consistent with the principal that leave earned during a period of higher earning is paid at that higher rate.

Clause 18 substitutes clause 17.9.33of the Principal Determination. The new clause aligns closely to the amendments in clauses 4 and 5 of this Determination. This clause and clause 19 make clear that the additional recreation leave credit only accrues during the period for which the member is deployed and not for the entire period of the deployment.

Clause 19 substitutes clause 17.9.34of the Principal Determination. The new clause aligns closely to the amendments in clauses 4 and 5 of this Determination.

Clause 20 amends clause 17.9.35 of the Principal Determination to explain the circumstances in which travelling leave is taken to be additional recreation leave.

Clauses 21 and22amend clause 17.9.38 of the Principal Determination to insert a new discretion for members on deployments of less than 6 months' duration. This is intended to allow a relief-out-of-country fare to be provided to a member on particularly strenuous duties, which may be assigned for less than 6 months at a time, for example, work involving explosive ordnance disposal.

Clause 23amends clause 17.9.38 of the Principal Determination to provide that travelling leave may be provided in conjunction with a relief-out-of country travel fare, to assist a member to travel between their deployment and Australia.

Clause 24 is a transitional clause that ensures the benefits set out in this Determination can apply in relation to leave accrued under the previous rules. This ensures that all leave can be treated consistently.

Authority: Section 58B of the
Defence Act 1903