Defence Determination 2015/23, Army – 1st Recruit Training Battalion recruitment instructors scheme and Army dental officer professional development scheme – amendment

I, JOHN WILLIAM GEERING, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 27 May2015
J W GEERING
Director General
People Policy and Employment Conditions
Defence People Group

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Citation
1. / This Determination is Defence Determination 2015/23, Army – 1st Recruit Training Battalion recruitment instructors scheme and Army dental officer professional development scheme – amendment
2. / This Determination may also be cited as Defence Determination 2015/23.
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Commencement
This Determination commences onthe 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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Clause 3.5.214 (Payments under this Division)
omit
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Clause 3.5.215 (Definitions used in this Division), table item for new scheme
omit
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Clause 3.5.215 (Definitions used in this Division), table item for old scheme
omit
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Clause 3.5.215 (Definitions used in this Division), table item for training year
omit
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Clause 3.5.216 (Member eligible for the recruit instructors scheme),
substitute

3.5.216Member eligible for the recruit instructors scheme

1. / A member is eligible for the recruit instructors scheme if they meet all of the following conditions.
a. / The member is in the Australian Regular Army or Army Reserves on continuous full-time service.
b. / The member's rank is Lance Corporal, Corporal or Sergeant.
Note: The definition of rank in Chapter 1 Part 3 Division 1 clause 1.3.60 includes acting rank, this includes temporary and provisional rank but not a period of higher duties.
c. / The member has successfully completed the recruit instructor development course.
d. / The member is posted to and is performing the duties of a recruit instructor.
e. / The member has applied to join the scheme using the form at Annex 3.5.W.
See:Annex 3.5.W, Army – 1st Recruit Training Battalion recruit instructors scheme
2. / The scheme ceases to apply to members on 30 June 2016. A member who first meets the conditions of eligibility under subclause 1 after 30 June 2016, is not eligible for the scheme.
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Clause 3.5.217 (Member not eligible for the recruit instructors – new scheme)

omit

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Clause 3.5.218 (Eligible service for the purpose of the recruit instructor – old and new schemes), title only

substitute

3.5.218Eligible service for the purpose of the scheme

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Clause 3.5.219 (Completion payment – old scheme)

omit

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Clause 3.5.220 (Completion payment – new scheme), title only

substitute

3.5.220Completion payment

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Subclause 3.5.220.1 (Member eligible for the recruit instructors scheme)

omit
paragraph 3.5.216.b
insert
subclause 3.5.216.1

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Chapter 3 Part 5 Division 22 (Army – 1st Recruit Training Battalion recruit instructors scheme)

omit wherever occurring
training year
insert wherever occurring
financial year

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Subclause 4.7.29.2 (Member this Division applies to)

omit
2015
insert
2020
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2015/1 and amendments made by Defence Determinations
2015/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22.

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EXPLANATORY STATEMENT

Defence Determination 2015/23

This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section 58B of the Defence Act are disallowable non-legislative instruments and are subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.

This Determination amends the following chapters of the Principal Determination.

  • Chapter 3 sets out provisions for salaries and bonuses for Australian Defence Force (ADF) members.
  • Chapter 4 sets out provisions for allowances and reimbursements for ADF members.

This Determination has the following three purposes.

  • To extend the Army – 1st Recruit Training Battalion recruit instructors scheme by one year.
  • To replace the 'old' and 'new' schemes in the Army – 1st Recruit Training Battalion recruit instructors scheme with one scheme.
  • To extend the Army dental officer professional development scheme by five years.

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.

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

Clauses 4 to 14 amend Chapter 3 Part 5 Division 22 of the Principal Determination by removing all references to 'new scheme' and 'old scheme' in the Army – 1st Recruit Training Battalion recruit instructors scheme. The old scheme offered a completion payment for each training year of $10,000 while the 'new scheme' payment was $13,000. No recruit instructors who joined the 'old scheme' remain in the scheme.All current and future recruit instructors will receive the conditions described under the previous 'new scheme' ($13,000 per training year). The following specific changes have been made.

  • Clause 4 omits clause 3.5.214 of the Principal Determination which lists the different payments for the new and old schemes.
  • Clause 5 omits the item for 'new scheme' from the definitions table in clause 3.5.214 of the Principal Determination.
  • Clause 6 omits the item for 'old scheme' from the definitions table in clause 3.5.214 of the Principal Determination.
  • Clause 7 omits the item for 'training year' from the definitions table in clause 3.5.214 of the Principal Determination. A training year was defined differently for the old and new schemes. A training year is now the same as a financial year. The ordinary financial year definition in section 2B of the AIA is sufficient to describe the period formerly known as a training year, so no technical meaning is required.
  • Clause 8 substitutes clause 3.5.216 of the Principal Determination which sets the dates and eligibility conditions for entry to the old and new schemes. These have been changed to apply the same conditions to all recruit instructors. Clause 8 also extends the scheme by an extra year.

  • Clause 9 omits clause 3.5.218 the Principal Determination, which provided that a member was not eligible for the new scheme if they were eligible for the old scheme.
  • Clause 10 substitutes the title of clause 3.5.218 of the Principal Determination. The clause provides which periods of service are eligible service for payment in the recruit instructors scheme. Clause 10 removes reference to old and new schemes.
  • Clause 11 omits clause 3.5.219 of the Principal Determination, which provided completion payment conditions for a member in the old scheme.
  • Clause 12 substitutes the title of clause 3.5.220 of the Principal Determination. The clause provided completion payment conditions under the new scheme. Clause 12 removes reference to the new scheme.
  • Clause 13 amends subclause 3.5.220.1 of the Principal Determination, which provided a reference to paragraph 3.5.216.b of the Principal Determination. This condition has been moved consequential upon clause 8 of this Determination. Clause 13 changes the reference to the new location at subclause 3.5.216.1.
  • Clause 14 amends Chapter 3 Part 5 Division 22 of the Principal Determination by the term 'training year' with 'financial year' wherever it occurs in the Division. The term was defined under clause 3.5.215 of the Principal Determination, however, the definition has been removed consequential upon clause 7 of this Determination. The old and new schemes defined a training year differently. A training year for the scheme is now a financial year.

Clause 15 amends subclause 4.7.29.2 of the Principal Determination, which provides the cessation date of the Army dental officer professional development scheme. The scheme provides eligible Army dental officers a maximum reimbursement of $10,000 for expenses incurred by participating in professional development activities. The scheme was set to cease on 30June 2015 but has been extended a further five years as it has proven to be a highly effective retention tool.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions may be subject to inquiry under the ADF redress of grievance system. A person may make a complaint to the Defence Force Ombudsman.

Authority: Section 58B of the
Defence Act 1903

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Determination 2015/23, Army – 1st Recruit Training Battalion recruitment instructors scheme and Army dental officer professional development scheme – amendment

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

This Determination has the following three purposes.

  • To extend the Army – 1st Recruit Training Battalion recruit instructors scheme by one year.
  • To replace the 'old' and 'new' schemes in the Army – 1st Recruit Training Battalion recruit instructors scheme with one scheme.
  • To extend the Army dental officer professional development scheme by five years.

Human rights implications

This Determination engages the following human rights:

  • Right to an adequate standard of living (article 11(1) International Covenant on Economic, Social

and Cultural Rights).

  • Right to the enjoyment of just and favourable conditions of work (article 7 of the International

Covenant of Economic, Social and Cultural Rights).

Legitimate objective: Defence members are highly trained and valuable on the Australian employment

market. It is necessary for Defence to offer competitive conditions of employment in order to retain its members.

Reasonable, necessary and proportionate: Defence uses bonuses to make an ADF career

more attractive than other opportunities at critical points of workforce shortage or potential shortage. The Recruit Training Battalion recruit instructors scheme offers a completion payment to recognise the work value of recruit instructorswhile the dental officer professional development scheme offers a reimbursement for professional development to enhance members' professional abilities and as an incentive for members to remain in the ADF.

Conclusion

This Determination is compatible with human rights because it does not limit any human rights.

John William Geering, Director General People Policy and Employment Conditions