Defence Determination 2008/61

I, COLLEEN DOROTHY GOTH, Acting Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 8 December 2008
C D GOTH
Acting Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

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1
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Citation
This Determination is Defence Determination 2008/61, Higher duties allowance, excess baggage and relief out-of-country travel fare assistance — amendment.
2
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Commencement
This Determination commences on the date of signature.
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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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Subclause 4.1.11.2 (Conditions and limits on higher duties), table 1, item 4
substitute
4. / on part-time leave without pay / able to be directed by the CDF to perform higher duties in a vacant position. The CDF must consider both the following matters.
a. / Whether the duties of the position can be carried out effectively on a part-time basis.
b. / Whether the member can perform the duties of the position competently while on part-time leave without pay.
Note: A new direction to perform higher duties may be made on review of the arrangements after three months.
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Subclause 14.4.10.2 (Excess baggage)
substitute
2. / The member may be paid the excess baggage charges incurred, having regard to the following limits.
a. / Payments may not be made for more than 15 kg of excess baggage for each person.
b. / In the USA, the entitlement is for one additional suitcase per person.
c. / Costs are limited to those that would apply to travel by the most direct route.
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Paragraph 17.9.38.1.c (Conditions)
substitute
c. / The member must be outside the operational area for seven consecutive days or longer.
Example: A member leaves the operational area during four days of recreation leave, two stand-down days and a public holiday.
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, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 and 60.

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EXPLANATORY STATEMENT

Defence Determination 2008/61

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act).

Chapter 4 sets out provisions dealing with higher duties allowance for members of the Australian Defence Force (ADF). Chapter 14 contains provisions for a member and their dependants relocating to or from a long-term posting overseas.

This Determination has three purposes.

·  To provide new arrangements for the direction of a member on part-time leave without pay to perform the duties of a higher position, and thus become eligible for the payment of higher duties allowance. Part-time leave without pay is the mechanism used to authorise part-time work in the ADF.

·  To vary the rules concerning payment of excess baggage costs on removal of a member overseas.

·  To vary the absence requirements for ADF members to become eligible for travel assistance from an operational area.

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 date of signature, as provided under subsection 58B(4) of the Act.

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

Clause 4 substitutes table item 4 of subclause 4.1.11.2 of the Principal Determination. The new item includes a power for the CDF to direct a member on part-time leave without pay to perform the duties of a higher position. Former arrangements limited higher duties to those situations where the member was posted to the higher position, a more onerous test. This change will give more opportunities to members on part-time leave without pay.

Clause 5 substitutes subclause 14.4.10.2 of the Principal Determination, which provides for excess baggage costs on overseas removal. Several changes have been made. A new exception has been included, to limit costs to those that would have been incurred had the member travelled by the most direct route. The existing limit on excess baggage costs for travel in the United States of America has been broadened, so that the limit applies to the member and any dependants who are also travelling. The opportunity has also been taken to redraft the subclause, to present the ideas more clearly.

Clause 6 of this Determination substitutes paragraph 17.9.38.1.c of the Principal Determination, which provides for relief out-of-country travel fare assistance to members deployed to an operational area. Formerly members were required to use at least five days' leave for be eligible for travel assistance. Members now become eligible for travel assistance if they are to be outside the operational area for seven consecutive days. Taking into account public holidays and stand-down days, the new arrangements can be a less onerous requirement and may make more members eligible for travel assistance to leave the operational area.

Authority: Section 58B of the
Defence Act 1903