Subclause 8.4.10.2 (Rate and Period of Reimbursement)

Defence Determination 2010/24

I, BRIAN GARY PAULE, Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 2 June 2010
B G PAULE
Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

1 Citation

This Determination is Defence Determination 2010/24, Education assistance – amendment.

2 Commencement

This Determination commences on the day it is signed.

3 Amendment

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

4 Subclause 8.4.10.2 (Rate and period of reimbursement)

omit
$66
insert
$69

5 Subclause 8.4.10A.5 (Web-based tutoring), example table

substitute
Step / Action
1. / The child has studied maths before. The maximum limit is in Item 1 of the table in subclause 6, and is $966.
2. / The child only has one subject recommended, and had the coaching.
$966 x 1 = $966
3. / The child had 4 hours of face-to-face tutoring.
4 hours face-to-face tutoring x $69 an hour = $276
4. / $966 - $276 = $690
5. / The member may be reimbursed $690 for web-based tutoring.

6 Subclause 8.4.10A.6 (Web-based tutoring), table

substitute
Item / If the subject... / and the child... / then the maximum limit is...
1. / is offered at the new school / has studied the subject before / $966.
2. / has not studied the subject before / $1794.
3. / is not offered at the new school / meets both of the following conditions:
1. The child is in Year 10, 11 or 12.
2. The child needs to study the subject, as it is essential to their career aims.
Example: A student wishes to pursue a career in music. Music courses are not available at the new school. / $3588.

7 Subclause 8.4.12.3 (Children with special needs), table item 1

omit
$66
insert
$69

8 Subclause 8.4.12.3 (Children with special needs), table item 2

omit
$486
insert
$513

9

Subclause 8.4.12.5 (Children with special needs)

omit
$239
insert
$244

Subclause 8.4.13.4 (CDF discretion to extend education assistance)

omit
$66
insert
$69

Subclause 8.4.20.1 (Rates of reimbursement), table

substitute
Item / The annual maximum reimbursement is... / less an annual member contribution of...
Compulsory tuition fees
1. / The cost of compulsory tuition fees to a maximum of $18,347 / $244.
Accommodation
2. / If in boarding school or a commercial establishment, the cost of board to maximum of $17,318 / $2,600.
($2,152 if the first year of boarding)
3. / If accommodated privately, the cost of board to a maximum of $8,952
Example: A lodger boarding in a private home.

Subclause 8.4.25.1 (Rate and period of assistance)

omit
$154
insert
$156

Subclause 15.6.11.3 (Entitlement – general), table

substitute
Item / School level / Annual contribution in AUD
1. / Pre-school / 335
2. / Primary school / 114
3. / Secondary school / 266

Subclause 15.6.28.2 (Entitlement), table

substitute
Item / If the child... / then the annual maximum entitlement in AUD for the child is...
Compulsory tuition fees
1. / attends a non-government school / 18,347.
2. / attends a government school / 244.
Accommodation
3. / lives at a boarding school or commercial boarding establishment / 17,318.
4. / lives in private board and lodging / 8,952.
5. / lives at home / 2,600.

Subclause 15.6.28.4 (Entitlement), table

substitute
Item / If, on the day before the notice of posting was issued, the child... / then the yearly contribution in AUD for the child is...
1. / lived at a boarding school or commercial boarding establishment / the amount for boarding the member would have incurred at the school or commercial boarding establishment.
2. / lived in private board and lodging / 8,952.
3. / lived at home / 2,600.

Paragraph 15.6.28.4A.a (Entitlement)

omit
AUD 108
insert
AUD 114

Paragraph 15.6.28.4A.b (Entitlement)

omit
AUD 252
insert
AUD 266

Subclause 15.6.28.5 (Entitlement)

omit
AUD 427
insert
AUD 448

Transitional

1. / In this clause the following definitions apply.
Term / Definition
Commencement day / means the day on which this Determination commences.
Relevant period / means the period from 1 January 2010 to the day before the commencement day.
The Principal Determination / means Defence Determination 2005/15, Conditions of Service, as amended.
2. / This clause applies to a member who was entitled, during the relevant period, to education assistance for a child under the Principal Determination.
3. / If this Determination had applied for the relevant period, and would have resulted in the member's entitlement to education assistance exceeding the amount of education assistance previously paid for that period, the member is entitled to additional education assistance equal to the amount of the excess.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note to Defence Determinations 2010/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23.

EXPLANATORY STATEMENT

Defence Determination 2010/24

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter8 of the Principal Determination sets out provisions dealing with members and their dependants, and Chapter 15 of the Principal Determination sets out provisions dealing with living and working on long-term postings overseas for members of the Australian Defence Force (ADF).

The purpose of this Determination is to implement an annual review of the rates of financial assistance for costs that members incur on posting toassist in minimising the disruption to their children’s education. The rate changes in this Determination are based on advice from the Department of Education, Employment and Workplace Relations (DEEWR) unless otherwise stated.

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

Clause 2 of this Determination provides this Determination commences on the day it is made, as provided by subsection 58B(4) of the Act.

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

Clause 4 amendssubclause 8.4.10.2 of the Principal Determination. This amendment increases the maximum hourly rate of reimbursement for costs incurred by a member when their child requires additional tuition or therapy to assist in the transition to a new school. The amendment changes this maximum rate from $66 to $69. This change implements a 5.6 per cent increase in the Education component of the Consumer Price Index for the quarter ending December 2009, roundingthe underlying figure to the nearest dollar amount.

Clause 5 amends the example table in subclause 8.4.10A.5 of the Principal Determination which provides an example of how to calculate the reimbursement for web-based tutoring. The rates in this example have been increased to reflect the rates in clauses 4 and 6 of this Determination.

Clause 6 amends subclause 8.4.10A.6 of the Principal Determination which provides the figures used for calculating web-based tutoring payments. The following changes implement a 5.6 per cent increase in the Education component of the Consumer Price Index for the quarter ending December 2009, rounded to the nearest dollar.

The maximum limit if the child has studies the subject before has increased from $924 to $966.
The maximum limit if the child has not studies the subject before has increased from $1716 to $1794.
The maximum limit if the child is in year 10, 11 or 12 and needs to study the subject has increased from $3432 to $3588.

Clause 7 amends table item 1 of subclause 8.4.12.3of the Principal Determination. This amendment increases the maximum hourly rate of reimbursement for costs incurred by a member when their child with special needs requires additional tuition or therapy to assist in the transition to a new school. The amendment changes this maximum rate from $66 to $69. This change implements a 5.6 per cent increase in the Education component of the Consumer Price Index for the quarter ending December 2009, roundingthe underlying figure to the nearest dollar amount.

Clause 8 amends table item 2 of subclause 8.4.12.3 of the Principal Determination. This amendment increases the entitlementfor the costs of private assessment to develop an educational program for a child with special needs. This amendment changes this entitlement from $486 to $513, which implements a 5.6 per cent increase in the Education component of the Consumer Price Index for the quarter ending December 2009, rounded to the nearest dollar amount.

Clause9amendssubclause 8.4.12.5 of the Principal Determination. This amendment increases the member contribution from $239 to $244 a year, which represents an increase of 2.1per cent.

Clause 10 amends subclause 8.4.13.4 of the Principal Determination. This amendment increases the maximum hourly rate of reimbursement for costs incurred by a member when their child's tuition or therapy limits have been extended by an additional 14 weeks. The amendment changes this maximum rate from $66 to $69. These changes implement a 5.6per cent increase in the Education component of the Consumer Price Index for the quarter ending December 2009, rounded to the nearest dollar amount.

Clause 11 amends clause 8.4.20 of the Principal Determination. This amendment increases:

the maximum rates of reimbursement for compulsory tuition fees and accommodation for children who do not accompany a member to a posting location; and
a member's annual contribution rate.

The various changes are as follows.

Increase in the annual member contribution toward the cost of compulsory tuition fees from $239 to $244; this is an increase of2.1 per cent.
Increase in the maximum cost to board if accommodated in a boarding school or a commercial establishment from $17,131 to $17,318; this is an increase of 1.1 per cent.
Increase in the maximum cost of board if privately accommodated from $8,773 to $8,952; this is an increase of 2.05 per cent.
Increase in the annual member contribution toward the cost of accommodation from $2,547 to $2,600; this is an increase of 2.1 per cent.
Increase in the annual member contribution toward the cost of accommodation in the child's first year of boarding from $2,120 to $2,152; this is an increase of 1.5 per cent.

There has been no change to the maximum compulsory tuition fees of $18,347.

Clause 12 amends subclause 8.4.25.1 of the Principal Determination. This amendment increases the rate of reimbursement to members for accommodation costs for tertiary students not at the member location of residence. The increase is from $154 to $156a week, this is an increase of 1.5 per cent. This rate is based on 83 per cent of the Youth Allowance payable under the Social Security Act 1991, rounded to the nearest dollar amount.

Clause 13 amends clause 15.6.11 of the Principal Determination which lists the contribution that a member must pay toward the cost of a government school that their child attends in their overseas posting locality. The following changes implement a 5.6 per cent increase in the Education component of the Consumer Price Index for the quarter ending December 2009, rounded to the nearest dollar amount.

Increase in pre-school contribution from $317 to $335.
Increase in primary school contribution from $108 to $114.
Increase in secondary school contribution from $252 to $266.

Clause 14 amends subclause 15.6.28.2 of the Principal Determination. The various changes are as follows.

The maximum reimbursement for compulsory tuition fees for a child at a government school has increased from AUD239 to AUD244;this is an increase of2.1per cent.
The maximum reimbursement for accommodation where a child boards at boarding school or a commercial boarding establishment has increased from AUD17,131 to AUD17,318;this is an increase of 1.1 per cent.
The maximum reimbursement for accommodation where a child lives in private board and lodging has increased from AUD8,773 to AUD8,952;this is an increase of 2.05per cent.
The maximum reimbursement for accommodation where a child lives at home has increased from AUD2,547 to AUD2,600; this is an increase of 2.1 per cent.

There has been no change to the maximum compulsory tuition fees of $18,347.

Clause 15 amends subclause 15.6.28.4 of the Principal Determination. The various changes are as follows.

Member contributions towards accommodation for a child in private board and lodging are increased from AUD8,773 to AUD8,952, an increase of 2.05 per cent.
Member contributions towards accommodation for a child who lives at home are increased from AUD2,547 to AUD2,600. This is an increase of 2.1 per cent.

Clause 16 varies paragraph 15.6.28.4A.aof the Principal Determination, which provides for contributions towards tuition fees where the child of a member posted overseas is educated in an Australian primary school. The amount has been increased from AUD108 to AUD114. This is an increase of 5.6per cent, and reflects movements in the Education component of the Consumer Price Index.

Clause 17 varies paragraph 15.6.28.4A.b of the Principal Determination, which provides for contributions towards tuition fees where the child of a member posted overseas is educated in an Australian secondary school. The amount has been increased from AUD252 to AUD266, an increase of 3 per cent.

Clause 18 amends subclause 15.6.28.5 of the Principal Determination. The subclause states the amount that a member's contribution for accommodation at a boarding school is reduced by in the first year if the child has not boarded at a school before. The contribution amount has been increasedfrom AUD 427 to AUD 448. This represents anincrease of 4.9per cent.

Clause 19sets out a transitional provision which authorises reimbursement to an eligible member of additional education assistance. The reimbursement is equal to the amount (if any) by which the education assistance received during an earlier period is less than the education assistance to which the member would have been entitled if this Determination had applied from 1January 2010 and the day before this Determination commenced.

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.

The retrospective application of the transitional provision in this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

Authority: Section 58B of the
Defence Act 1903