Defence Determination, Conditions of Service Amendment (Food Allowance) Determination

Defence Determination, Conditions of service Amendment (Food allowance) Determination 2018 (No. 14)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 29 March 2018

F L McSPEERIN

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

Contents

1Name

2Commencement

3Authority

4Schedules

Schedule1—Amendments to food allowance3

Defence Determination 2016/19, Conditions of service3

Schedule2—Consequential amendments8

Defence Determination 2016/19, Conditions of service8

1 Name

This instrument is the Defence Determination, Conditions of service Amendment (Food allowance) Determination 2018 (No. 14)

2 Commencement

This instrument commences 5 April 2018.

3 Authority

This instrument is made under section 58B of the Defence Act 1903

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule1—amendments to food allowance

Defence Determination 2016/19, Conditions of service

1 Chapter 7 Part 9 Division 1 (Contributions for meals)

Omit the division, substitute.

Division 1: Contribution for meals

7.9.3 Purpose

This Division set out when a member must pay a contribution for some meals they eat in a mess and lists the rates the member must pay.

7.9.4 Provision of meals

A member who eats in a mess may be provided a meal at Commonwealth expense.

7.9.5 Casual meal charges

1. / Subject to subsection 2, a member must pay the casual meal charge if they eat a meal in a mess.
2. / A member does not pay the casual meal charge if any of the following circumstances apply.
a. / They are paying the fortnightly meal charge.
See: Section 7.9.6, Fortnightly meal charges
b. / They are a member with dependants (unaccompanied) who is not receiving food allowance.
See: Part 9 Division 2, Food allowance for certain members who live out
c. / They live in living-in accommodation and not required to pay a contribution for living-in accommodation.
See: Part 4 Division 5, Exemptions from contribution
d. / They are eligible fortravelling allowance or meals provided at Commonwealth expense.
Exception: Travelling allowance for part-day travel.
See: Chapter 9 Part 5 Division 3, Travelling allowance
e. / They are living under field conditions or on a seagoing ship for any part of a day.
Note: If the meal ordinarily provided by the ship is not available, any meal provided in a mess is free of charge. For example, a ship's galley is closed down for a period.
3. / The casual meal charge is the rate provided in the following table that corresponds with the member’s circumstances and the meal the member eats.
Item / For a member who is... / The casual meal charge for breakfast is...
($) / The casual meal charge for lunch is...
($) / The casual meal charge for dinner is...
($)
1. / not on leave without pay. / 5.00 / 7.50 / 7.00
2. / on leave without pay and one of the following apply.
a. the member is a Corporal or lower.
b. the member is a trainee.
Exception: a member on part-time leave without pay. / 14.00 / 14.00 / 25.85
3. / on leave without pay and one of the following apply.
a. the member is a Sergeant or higher.
b. the member is an Officer (other than a trainee).
Exception: a member on part-time leave without pay. / 22.60 / 23.70 / 43.10
4. / on leave without pay and the mess does not provide steward service.
Exception: a member on part-time leave without pay. / 14.00 / 14.00 / 25.85

7.9.6 Fortnightly meal charges

1. / This section does not apply to any of the following members.
a. / A member on Reserve service.
b. / They live in living-in accommodation and not required to pay a contribution for living-in accommodation.
Exception:
1. / A member with dependants who does not have to pay a contribution for living-in accommodation because they are in a room with four or more beds.
2. / A member who occupies temporary living-in accommodation below level 1 standard.
See:Part 4 Division 3 section 7.4.16, Classification on living-in accommodation by rank group and purpose
See: Part 4 Division 5, Exemptions from contribution
c. / A member on leave without pay.
Exception: A member onpart-time leave without pay.
2. / A member must pay the fortnightly meal charge for eating meals in a mess if any of the following conditions apply.
a. / The member has elected to pay the fortnightly meal charge.
b. / The member is a normal entry recruit during basic recruit training.
3. / Subject to subsection 4, the fortnightly meal charge for a member who elects to pay the fortnightly meal charge is payable for the following period.
a. / From the first day of the period that the member elects to pay the fortnightly meal charge.
b. / Until the end of the last day of the period that the member elected.
4. / The fortnightly meal charge must not start on a day that is less than four days after the last day for which the member paid the fortnightly meal charge if both the follow conditions apply.
a. / The member’s election to pay the fortnightly meal charge has ended
b. / The member makes a new election to pay the fortnightly mean charge.
Note: This clause does not prevent a member from extending their election or pay the fortnightly meal charge before their election has expired.
5. / The fortnightly meal charge for a member who is a normal entry recruit during basic recruit training is payable for the following period.
a. / From the first day of they begin basic recruit training.
b. / Until the last day of basic recruit training.

7.9.7 Fortnightly meal charge rate

1. / The rate of the fortnightly meal charge is $195.00.
2. / The fortnightly meal charge is reduced by $13.93 for every day within one of the following periods.
a. / A period the member is absent on leave for more than 72 hours.
b. / A period the member is eligible for travelling allowance.
Exception: Travelling allowance for part-day travel.
c. / A period the member is living under field conditions or on a seagoing ship.

7.9.8 Member on leave without pay

1. / This section applies to a member to whom all the following apply
a. / The member is granted leave without pay
b. / The grant of leave was made for exceptional circumstances
c. / The member’s contribution for meals will change when the member starts leave without pay
2. / The CDF may decide that the member pays the rate of the contribution for meals they were paying before they started leave without pay.

2 Chapter 7 Part 9 Division 2 (Food allowances for certain members who live out)

Omit the division, substitute.

Division 2: Food allowances for certain members who live out

7.9.9

Purpose

Food allowance assists certain members who live out to meet additional food expenses.

7.9.10

Eligibility and rate of food allowance

1. / A member with dependants (unaccompanied) who lives out is eligible for food allowance.
Exceptions:
1. The member is paying the fortnightly meal charge.
See: Section 7.9.6, Fortnightly meal charge rate
2. A member posted to a seagoing submarinewho is eligible for submarine food allowance.
See: Section 7.9.12, Eligibility and rate of submarine food allowancefor member posted to a seagoing submarine
2. / The fortnightly rate of food allowance is $198.68 a fortnight.

7.9.11

Member not eligible for allowance

A member with dependants (unaccompanied) is not eligible for food allowance during any of the following periods.
a. / A period, that includes three consecutive meal periods, which the member is eligible for an allowance, or an amount, to pay for meals.
b. / A period the member is eligible for meals provided by the Commonwealth for more than one day.
c. / A period of leave which exceeds one week.
Exception: The member remains in the positing location while on medical absence granted under Chapter 5 Part 3, Medical absence from duty.
d. / Aperiod the member is eligible for temporary accommodation allowance and has not occupied a serviced apartment for more than one week.
e. / A period which the member is on a long-term overseas posting.
f. / A period for which the member is paid maritime disability allowance or field allowance.
See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9 and B.13
Note: this section does not apply to submarine food allowance for member posted to a seagoing submarine.

7.9.12

Eligibility and rate of submarine food allowance for member posted to a seagoing submarine

1. / A member is eligible for submarine food allowance if all of the following circumstances apply.
a. / The member is posted to a sea going submarine.
b. / The member categorised as one of the following.
i. / A member without dependants.
ii. / A member with dependants (unaccompanied).
c. / The member is eligible for Rent Allowance or Member Choice Accommodation.
d. / The member is not receiving food allowance under section 7.9.10.
See: Section 7.9.10, Eligibility and rate of food allowance
2. / The fortnightly rate of submarine food allowance for member posted to a seagoing submarine is set out in the following table.
Item / If the member is... / The fortnightly rate is ($)…
1. / provided with lunch at Commonwealth expense / 126.00
2. / any other member / 172.00
Related Information: Part 4 Division 6, Members posted to seagoing ships and nuships.

Schedule2—consequential amendments

Defence Determination 2016/19, Conditions of service

Subsection 3.2.8.1 (Pro rating contributions), table item 2

Omit "subsection 7.9.6.3", substitute "section 7.9.6"

Subsection 3.2.8.2 (Pro rating contributions), table item 2

Omit "subsection 7.9.6.3", substitute "section 7.9.6"

Subsection 3.2.8.4 (Pro rating contributions)

Omit "subsection 7.9.12.1, Member on leave without pay", substitute "section 7.9.5, Casual meal charges"

Subsection 4.5.6.1 (Member who lives in)

Omit "section 7.9.6", substitute "Division 1"

Subsection 5.10.8 (Payment of charges to the Commonwealth)

Omit "7.9.11, Member on leave without pay", substitute "7.9.5, Casual meal charges"

Subsection 7.4.41.1 (Conditions for member posted to a seagoing submarine), table item 4

Omit item, substitute:
4. / Submarine food allowance / Part 9 Division 2 section7.9.12

Subsection 8.3.10.2 (Member's dependants elect to remain in the member's loosing location), table item 3

Omit table item 3, substitute:
3. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing: Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance: Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Subsection 8.3.11 (Member's dependants live in a personal location), table item 4

Omit table item 4, substitute:
4. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing: Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance: Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Subsection 8.3.12 (Member's dependants move to a personal location), table item 3

Omit table item 3, substitute:
3. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing:Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance:Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Section 8.3.13 (Service couple live apart), table item 4

Omit table item 4, substitute:
4. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing:Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance:Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Section 8.3.14 (Dependants removed to personal location on deployment), table item 3

Omit table item 3, substitute:
3. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing:Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance:Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Section 8.3.15 (Dependants return to a losing posting location), table item 3

Omit table item 3, substitute:
3. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing:Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance:Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Section 8.3.16 (Member recruited from overseas), table item 3

Omit table item 3, substitute:
3. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing:Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance:Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Section 8.3.17 (Dependants move for compassionate reasons), table item 3

Omit table item 3, substitute:
3. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing:Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance:Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Section 8.3.18 (Dependants move for employment or study), table item 3

Omit table item 3, substitute:
3. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing:Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance:Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to

Section 8.3.19 (Member moves to a remote location), table item 3

Omit table item 3, substitute:
3. / The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in. / Housing:Chapter 7
Part 4, Living-in accommodation
Part 6, Service residences
Part 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3.
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.10, Eligibility and rate of food allowance
Utilities allowance:Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to