Paragraph 3.5.256.F (Members This Division Does Not Apply To)

Defence Determination 2007/80

I, STEVEN RICHARD GRZESKOWIAK, Director General Personnel Policy and Employment Conditions, Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 17 December 2007
S R GRZESKOWIAK
Director General
Personnel Policy and Employment Conditions
Personnel Executive

1 Citation

This Determination is Defence Determination 2007/80, Navy – Medical Officer recruitment bonus scheme.

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 Clause 3.5.2 (Contents)

insert at the end
Division 29 / Navy – Medical Officer recruitment bonus scheme

5 Paragraph 3.5.256.f (Members this Division does not apply to)

insert at the end
g. / The member is currently serving a period of service for the purpose of Division 29, Navy – Medical Officer recruitment bonus scheme

6 Chapter 3 Part 5 Division 28 (Army – Military instructor on temporary duty)

insert at the end

Division 29: Navy – Medical Officer recruitment bonus scheme

3.5.272Purpose

This Division provides an attraction payment and a completion bonus for some medical officers in the Navy. The payment is designed to attract direct entry medical officers and Reserve medical officers to enter the Permanent Navy on a fixed period appointment.
Note: Action may be taken to amend or revoke a bonus if the policy reasons for making it cease to apply.

3.5.273Some concepts used in this Division

1. / Anagreed period of service is a period of either three or four years which the member agrees to serve in a specified position, employment category or primary qualification in return for a payment under this Division.
2. / For the purpose of this Division, initial entry training, means one of the following courses.
a. / New Entry Officers Course.
b. / Reserve Entry Officers Course.
3. / For the purpose of this Division, specialist career structure means the competency-based career structure in clause 15 of Defence Force Remuneration Tribunal Determination No.6of 1992, Salaries.
4. / A workforce structure shortage is critical when some or all of the recruiting, retention, training throughput, strength and future health elements of the category or primary qualification combine so that the shortage in numbers is unlikely to recover within five years.

3.5.274Member who is eligible under this Division

A member is eligible under this Division if they meet all of the following conditions.
a. / The member has been offered an appointment in the Permanent Navy.
b. / The member is offered an attraction payment and completion bonus under clause3.5.276.
See: Clause 3.5.276, Offer to enter the scheme
c. / The member agrees to provide a fixed period of either three or four years of service in the medical officer employment category or primary qualification for which the bonus was offered (this is called the agreed period of service), using the form at Annex3.5.ZE.
See: Annex 3.5.ZE, Medical Officer recruitment bonus scheme
d. / The member holds a medical degree and is a registered medical practitioner within a State or Territory of Australia.
e. / They have been assessed as competency level 3 for the purpose of salary.
See: Clause 15 of Defence Force Remuneration Tribunal Determination No.6of1992, Salaries

3.5.275Member who is not eligible under this Division

A member is not eligible under this Division if any of the following circumstances apply to them.
a. / The member discharged from the Permanent Forces after 14December2007.
b. / The member will reach compulsory retirement age before the end of the period of service they must undertake in return for the bonus payment and the member has not applied to have their service extended to cover the period of service required for the bonus.
c. / The member is not liable to serve as a medical officer in accordance with clause 7 of Defence Force Remuneration Tribunal Determination No. 6 of 1992, Salaries.
d. / The member has already received a bonus under this scheme.

3.5.276Offer to enter the scheme

1. / Director-General Navy Personnel and Training must have regard to the following factors when deciding whether to offer a member a bonus under this Division.
a. / The experience and level of qualifications and skills the member holds.
b. / The period the member indicates they are willing to serve in the Navy medical officer primary qualification.
c. / Any critical workforce structure shortage.
d. / Any other relevant matter.
2. / The amount of each attraction payment to be offered is to be determined by Director-General Navy Personnel and Training, having regard to the list of factors at subclause 1, up to a maximum of $150,000. The amount of the attraction payment must be notified to the member as part of the offer.
3. / The amount of each completion payment to be offered is to be determined by Director-General Navy Personnel and Training, having regard to the list of factors at subclause 1, up to a maximum of $100,000. The amount of the completion bonus must be notified to the member as part of the offer.
4. / The period of service that must be performed in return for a bonus is the3 or 4years offered by Director-General Navy Personnel and Training, having regard to the list of factors at subclause 1. The period must be notified to the member as part of the offer.
5. / After Director-General Navy Personnel and Training has made the decisions under subclauses 1, 2, 3 and 4, the offer may be made by the Director Naval Officer's Postings.
6. / The scheme is open for two years from date of commencement. The Division ceases to apply to all members on 31 December 2012.

3.5.277How to accept an offer under this Division

1. / An eligible member may accept a bonus under this Division any time after they receive an offer, until the latest of the following dates.
a. / Twenty-eight days after the day the offer is made.
b. / If the member was deployed when the offer under paragraph a. was made — the day 28 days after the day the member returns to Australia after a deployment.
c. / A longer period that the Director-General Navy Personnel and Training decides is reasonable, having regard to the member's circumstances.
Example: The Director-General Navy Personnel and Training (DGNPT) decides to extend a member's ability to accept the offer because the member is deployed for six months in an area where there is no ability to send an acceptance form.
2. / An acceptance made under this subclause must be on the application form at Parts A to D of Annex 3.5.ZE.
See: Annex 3.5.ZE, Medical Officer recruitment bonus scheme
3. / The acceptance must include an undertaking to serve for the agreed period of service that is specified in the offer.

3.5.278Service that counts towards a payment under this Division

1. / The agreed period of servicethe member undertakes to perform for the completion bonus must be served as effective service.
2. / For the purpose of this Division, effective service means service that meets all these conditions.
a. / It is continuous full time service.
b. / It is paid.
Exception: Unpaid leave of less than 21 calendar days.
c. / It is not ineffective service under subclause 3.
3. / This table lists a range of leave types and activities and sets out how a period of that leave or activity counts toward member's period of effective service.
Item / Activity / Effect
1. / Part time leave without pay / The unpaid component of a part-time leave without pay working pattern does not count as effective service.
2. / Leave at full pay
Examples: Recreation leave, full pay long service leave / The whole period counts as effective service.
3. / Unpaid leave for less than 21 calendar days
Examples: Leave without pay, maternity leave without pay
4. / Unpaid leave for 21 calendar days or more
Examples: Leave without pay, maternity leave without pay / The whole period does not count as effective service.
5. / Absence without leave
6. / Imprisonment, detention or suspension from duty without pay
7. / Leave at half pay
Example: Long service leave at half pay. / Half the period of the leave counts as effective service.
8. / An undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005. / The whole period does not count as effective service.
9. / A period when the member was discharging a return of service obligation or another undertaking for further service.
Exception: An undertaking for further service associated with a promotion.

3.5.279Payment of the attraction payment

1. / An attraction payment is payable to an eligible member on receipt of the member's completed acceptance form.
Exception:If the member has not completed their initial entry training, the attraction payment is payable on the day the member successfully completes their training.
2. / The amount of the attraction payment is the amount offered to the member under subclause 3.5.276.2.
See: Clause 3.5.276, Offer to enter the scheme
3. / A member who joins the scheme must serve in the Navy until they complete the agreed period of service under this Division as effective service.
4. / If the member is offered a bonus for a period of service commencing on a day, the member's period of effective service commences on that day.
5. / The member is taken to have ceased serving in accordance with their undertaking to perform the agreed period of service if they cease serving in the position, employment category or primary qualification for which the bonus was offered.

3.5.280Repayment of attraction payment

1. / If a member fails to complete their agreed period of service under this Division for any of the following reasons, they are not required to repay any part of the bonus.
a. / The member ceases to serve in the Navy for a reason that is beyond the member's control.
Example: The member is terminated because of medical unfitness, or dies.
b. / The member transfers from the Permanent Force to the Reserves at Navy's initiative.
Authority: Chapter 8 Part 2 Division 2 or 3 of the Defence (Personnel) Regulations 2002.
Example: A member reaches compulsory retirement age and leaves the Permanent Navy after their application to extend service is refused. The member is transferred to the Reserves. The member does not need to repay any of the bonus.
2. / A member will be required to repay the full amount of the attraction payment if they fail to complete their agreed period of service for any of the following reasons.
a. / The member voluntarily leaves the medical officer employment category or primary qualification for which the bonus was offered.
b. / The member voluntarily transfers out of the Navy.
c. / The member voluntarily transfers to the Reserve Forces.
d. / The member resigns from the Permanent Force.
e. / The member's service is terminated for disciplinary reasons.
3. / If a member fails to complete their agreed period of service for any of the reasons listed in subclause 2 they will not get the completion bonus.

3.5.281Payment of the completion bonus

1. / A completion bonus is payable to an eligible member who meets both the following conditions.
a. / The member has completed their agreed period of service under this Division.
b. / The period is all effective service.
2. / The amount of the completion bonus is the amount offered to the member under subclause3.5.276.3.
See: Clause 3.5.276, Offer to enter the scheme
3. / A member who meets both the following conditions is entitled to a pro rata payment of the completion bonus, calculated using the method in clause 3.5.283.
See: Clause 3.5.283, Pro rata calculation of the bonus amount
a. / The member has completed their agreed period of service under this Division.
b. / The period includes ineffective service.

3.5.282Pro rata payment of bonus when member leaves scheme

A member who has accepted an offer to join the scheme under this Division is eligible for a pro rata payment of the completion bonus if their service under this Division ceases for one of the following reasons.
a. / The member dies.
b. / The member's service is terminated due to physical or mental incapacity that is not within the member's control.
See: Regulation 87 Defence (Personnel) Regulations 2002
c. / The member is made redundant or retrenched.
d. / The bonus scheme ceases.
e. / The member commences to serve an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005.

3.5.283Pro rata calculation of the bonus amount

The following table shows how to calculate a pro rata amount of completion bonus payable to a member under subclause 3.5.283.
Step / Action
1. / Work out the number of calendar days in this period.
a. The period starts on the day the member is taken to start their undertaking to serve their agreed period of service in return for a completion bonus. (See:Subclause3.5.279.4)
b. The period ends on the day before the date the member is entitled to be paid the completion bonus.
2. / Work out the number of days of ineffective service in the period in Step 1.
3. / Subtract the outcome of Step 2 from the outcome of Step 1.
4. / a. If the member's agreed period of service is three years, divide the outcome of Step 3 by 1095. If the period includes 29 February, divide by 1096.This represents the number of days in three calendar years.
b. If the member's agreed period of service is four years, divide the outcome of Step 3 by 1460. If the period includes 29 February, divide by 1461.This represents the number of days in four calendar years.
5. / Multiply the outcome of Step 4 by the completion bonus amount offered to the member. (See: Clause 3.5.276, Offer to enter the scheme)
6. / The member may be paid the outcome of Step 5.
Example: A member joins the bonus scheme on 1 July 2007. The member agreed to serve for three years for a completion bonus of $80,000. On 5 August 2008 the member becomes permanently medically unfit for service. The member had 25 days of leave without pay in December 2007.
Step / Action
1. / There were 402 calendar days between 1 July 2007 and 5 August 2008.
2. / The 25 days the member was on leave without pay was ineffective service.
3. / 402 – 25 = 377 calendar days
4. / 377 divided by 1096 = 0.3439781
5. / 0.3439781 multiplied by $85,000 = $29,238.15.
6. / The member may be paid $29,238.15.

3.5.284Administration of payment

1. / A member may nominate payment details for the attraction payment and completion bonus, subject to these conditions.
a. / The form must be completed before the day the payment is due.
b. / The nomination must be on the form at Annex 3.5.ZE.
See: Parts C and D of Annex 3.5.ZE, Navy – Medical Officer recruitment bonus scheme
2. / If a member does not nominate payment details in the form at Annex 3.5.ZE, the attraction payment and completion bonus may only be paid into the member's normal pay account.

Annex 3.5.ZD (ADF gap year – education bonus)

insert at the end
the Annex set out in the Attachment.
NOTE
1. / Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments see Note to Defence Determination 2007/1 and see also Defence Determinations 2007/2, 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, 60, 61, 62, 63, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74,75, 76, 77,.

ATTACHMENT

Annex 3.5.ZE: Navy–Medical Officer recruitment bonus scheme

This form is in four parts.

Part A – provides information about the offer and the bonus scheme, and is for you to keep.

Part B – your formal acceptance of the offer and your agreement to serve in themedical officer primary qualification for an agreed period of service.

Part C – your election about how the bonus is paid.

Part D – additional payment information if you choose to pay the money into a superannuation fund.

Part A: Offer and information about the scheme

This Part provides information about the retention bonus you have been offered, and is for you to keep.

If you fill in and sign the acceptance form at Part B, you are accepting an offer made to you under the Medical Officer recruitment bonus scheme authorised under Chapter3 Part 5 Division 29 of Defence Determination 2005/15, Conditions of Service, made under section 58B of the Defence Act 1903 ('the Determination').

Offer

The offer made is as follows:

...... [member's name] is hereby offered a bonus by Director Naval Officers' Postings.

The attraction payment offered is an amount of $...... , and the completion bonus offered is an amount of $...... which has been approved by the Director-General Navy Personnel and Training.

If the offer is accepted, the member must perform a period of

...... service (the 'agreed period of service') in the medical officer primary qualification.

Signed this day by:

Name:...... Rank:......

Director Naval Officers' Postings

Information about the scheme

I understand that my acceptance of the attraction payment and completion bonus is subject to the following terms and conditions.

1. / I hold a position, employment category, primary qualification or skill set for which I have been offered a bonus under this Division.
2. / I am, and remain for the duration of the scheme, a registered medical practitioner within a State or Territory of the Commonwealth of Australia.
3. / I cannot agree a period of service for the purpose of this bonus if it extends beyond the compulsory retirement age unless I also apply to extend my compulsory retirement age.
4. / On joining the scheme, I will be paid the amount of attraction payment that was offered to me on completion of my initial entry officer training. If I am a member of the Naval Reserve who is deemed to have completed initial officer training, I will be paid the amount of recruitment bonus offered to me on transfer to the Permanent Naval Forces.
5. / If I accept the offer of an attraction payment and completion bonus under this Division, I must serve the period specified in the offer. This period is called my 'agreed period of service' and I must serve it in the medical officer primary qualification for which the bonus was offered to me.
6. / If I leave the medical officer primary qualification for which the bonus was offered to me by Navy for a reason within my control, I may have to repay a part of the bonus.
7. / I may not be asked to repay part of the bonus if I do not complete the agreed period of service for a reason beyond my control. Examples are if I transfer out of the medical officer primary qualification for Service reasons; am retrenched or made redundant; am discharged for medical reasons; or die.
8. / If I start to serve an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 (as preserved by item 4 of Schedule 4 of the Defence Legislation Amendment Act (No. 1) 2005)('an MSBS undertaking') before I finish the retention bonus, I may not finish my agreed period of service for the retention bonus until after I have completed the MSBS undertaking.
9. / If I start to serve a return of service (ROSO) or other undertaking for further service after I have accepted the offer of a retention bonus, I will have to complete my agreed period of service after I finish my ROSO or undertaking for further service.
10. / I may elect to pay the scheme payments into a superannuation fund using the forms provided at Parts C and D.
11. / Effective service for the retention bonus is continuous full-time service for which salary is paid. Leave or other events may not be effective service and may reduce my amount of retention bonus. The table in subclause 3.5.278.3 of the Determination shows what counts as effective service.
12. / I am aware that Defence will treat the information in this acceptance form as my personal information covered by the Privacy Act 1988 and I consent to Defence using it in de-identified form for reporting and statistical purposes. I am aware that if I publish this information to others, I may make the protections provided to me by the Privacy Act ineffective.

Full details of the completion bonus scheme are contained in Chapter 3 Part 5 Division 29 of Defence Determination 2005/15, Conditions of Service.