Defence Determination 2010/16

I, BRIAN GARY PAULE, Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 1 April2010
B G PAULE
Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

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Citation
This Determination is Defence Determination 2010/16, Navy – Aircrew retention and completion bonus scheme – amendment.
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Commencement
This Determination commences on 1 April 2010.
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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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Clause 3.5.129 (Payments under this Division)
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three
insert
four
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Paragraph 3.5.129.c (Payments under this Division)
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d. / Up to four six-monthly payments, paid to some Navy members who meet certain eligibility conditions.
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Subclause 3.5.136.3 (Obligation payment), table
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4. / who meets both the following conditions / required to repay the full amount of the obligation payment that the member was paid under subclause 2.
Example: A Navy Pilot joins the scheme for four years. The member is paid a $25,000 obligation payment. Three years later the member elects to leave the scheme. The member must repay $25,000.
a. / The member makes an election to leave the scheme under clause 3.5.138A.
See: Clause 3.5.138A, Election to leave the scheme
b. / The member is not covered under items 1 or 2.
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Clause 3.5.138 (Extension of the period for payment)
insert at the end
3.5.138A Election to leave the scheme
1. / This clause applies to a member who meets all the following conditions.
a. / The member is a qualified Navy Pilot or qualified Navy Observer.
b. / The member holds the rank of Lieutenant or Lieutenant Commander.
2. / The member may elect to leave the scheme before they complete their service commitment. The election must be in writing.
Related Information: Subclause 3.5.136.3, Obligation payment, sets out a member's requirement to repay the obligation payment in this situation
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Paragraph 3.5.139.1.f (Bonus payable when member leaves the scheme)
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g. / The member made an election to leave the scheme under subclause 3.5.138A.2.
See: Clause 3.5.138A, Election to leave the scheme

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Clause 3.5.140 (Calculation of the completion bonus)

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3.5.140A Aircrew supplement

1. / This clause applies to a member who meets all the following conditions.
a. / The member has joined the bonus scheme.
b. / The member is serving the period they committed to serve.
c. / The member holds the rank of Lieutenant or Lieutenant Commander.
d. / The member is a qualified Navy Pilot or a qualified Navy Observer.
Exception: An aviation specialist, placed in the structure set out under DFRT Determination No. 5 of 2009, Officer Aviation Specialist Structure
e. / The member is in an employment category with any of the following classifications, as described in Part 2 of Schedule B.2 of DFRT Determination No. 15 of 2008, as amended.
i. / Fly 0-2 (including Fly 0-2 under training).
ii. / Fly 2-4 (including Fly 2-4 under training).
iii. / Fly 4-6 (including Fly 4-6 under training).
iv. / Fly 6-8 (including Fly 6-8 under training).
v. / Fly 8-10 (including Fly 8-10 under training).
vi. / Fly 10+.
Exception:A member who has been issued with a notice of termination of service on disciplinary grounds.
2. / The member may be entitled to additional payments under the scheme, calculated in accordance with subclauses 4 and 5.
3. / The payments are due on each of the following dates.
a. / 1 April 2010.
b. / 1 October 2010.
c. / 1 April 2011.
d. / 1 October 2011.
4. / The payment rates are as shown in the following table.
Exception: A member who meets the requirements of subclause 5.
Item / A member who holds the rank of... / is to be paid an amount of...
1. / Lieutenant / $1,000.
2. / Lieutenant Commander / $2,500.
5. / A member in either of the following situations is to be paid a pro rata amount, calculated using the rates in subclause 4.
a. / The member had ineffective service during the six months before a payment date.
b. / The member has changed rank between Lieutenant and Lieutenant Commander during the six months before a payment date.
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 and 15.

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EXPLANATORY STATEMENT

Defence Determination 2010/16

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter3 of the Principal Determination sets out provisions dealing with bonuses for members of the Australian Defence Force (ADF).

The purpose of this Determination is to make a range of changes to the Navy – Aircrew retention and completion bonus scheme, to recognise that members who have joined the scheme have the same qualifications as those eligible foraircrew capability allowance.

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 1 April 2010, the date of the first payment under this Determination.

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

Clause 4 varies clause 3.5.129 of the Principal Determination. The number of payment types in the Division has been changed from three to four, to recognise a new payment is provided by clause 9 of this Determination.

Clause 5adds a new paragraph 3.5.129.d to the Principal Determination. The paragraph gives an overview of a new type of payment provided by clause 9 of this Determination.

Clause 6 inserts a specific circumstance into the table in subclause 3.5.136.3 of the Principal Determination. The subclause describes a range of situations where a member has to repay an obligation payment. The new itemsets out the repayment obligation when a member makes an election under clause 3.3.138A of the Principal Determination, inserted by clause 7 of this Determination.

Clause 7 inserts a new clause 3.3.138A into the Principal Determination. The new clause allows a prescribed member who has joined the aircrew retention and completion bonus scheme to elect to leave it. The class of members who may exercise this option are those who would also be eligible for aircrew capability allowance, were they not already members of theaircrew retention and completion bonus scheme. Clause 6 of this Determination provides that a member who makesan election must repay the amount of the obligation payment made under the scheme.

Clause 8 inserts a new paragraph 3.5.139.1.g into the Principal Determination. The paragraph provides a new class of members who are ineligible for a bonus when leaving the aircrew retention and completion bonus scheme. Those members are those who make an election to leave the bonus scheme under clause 3.3.138A.

Clause 9 inserts a new clause 3.5.140A into the Principal Determination. The new clause describes a series of payments that may be made to a prescribed group of members. Those members are those who would meet the eligibility conditions for payment of aircrew capability allowance, were they not already members of theaircrew retention and completion bonus scheme. The payments effectively top up payments under the aircrew retention and completion bonus scheme so that members under that scheme are not disadvantaged compared to those paid aircrew capability allowance.

Authority: Section 58B of the
Defence Act 1903