Defence Determination 2003/33
I, SUSAN JANE PARR, Director General Personnel Policy and Employment Conditions, Defence Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 5 December 2003
S J PARR
Director General
Personnel Policy and Employment Conditions
Defence Personnel Executive
[ref348]
1Name of Determination
This Determination is Defence Determination 2003/33, Additional remuneration provisions for star rank officers.
[Note: This Determination commences on the day on which it is made: see Defence Act 1903, subsection 58B (4).]
2Amendment
Defence Determination 2003/21, Conditions of Service, as amended,1 is amended as set out in this Determination.
3Chapter 12 (Miscellaneous)
add at the end
Part 2AAdditional remuneration for star rank officers
12.2A.1Purpose
The purpose of this Part is to:
(a)recognise and reward the professional contribution of star rank officers in meeting the greater internal and external demands involved in giving effect to the Government’s Defence policy; and
(b)provide employment conditions that reflect contemporary management practices; and
(c)retain highly skilled star rank officers.
12.2A.2Definitions
In this Part:
Executive Vehicle Scheme guidelines means the Executive Vehicle Scheme guidelines contained in Defence Instruction (General) Logistics 01-11, Defence Executive Vehicle Scheme and any other relevant Department of Defence instructions given under section9Aof the Act, as in force on 1 December 2003.
privately-plated Defence vehicle, for a member, means a privately-plated vehicle that is:
(a)leased by the Department of Defence; and
(b)allocated to the member under the Executive Vehicle Scheme guidelines.
Salaries Determination means Determination No. 6 of 1992, Salaries, as in force from time to time.
special Defence vehicle means a vehicle (other than a privately-plated Defence vehicle) that is owned or leased by the Department of Defence and is:
(a)a Z-plated vehicle; or
(b)an Army, Navy or Air Force plated vehicle; or
(c)any other Commonwealth vehicle that is on loan to the member for home garaging.
star rank means the substantive rank of Brigadier or Major General and includes a reference to that rank in relation to a member who is promoted for a specified period under regulation 35 of the Defence (Personnel) Regulations 2002.
12.2A.3Member this Part applies to
(1)This Part applies to a member who holds a star rank.
(2)Clauses 12.2A.4 to 12.2A.7 inclusive also apply to members of the Reserve Forces who hold a star rank.
12.2A.4Air ticket may be downgraded to fund extra ticket
(1)A member who is entitled to a business class air ticket may:
(a)choose in writing to take an economy class ticket instead of the business class ticket; and
(b)use the difference in the cost of fares to fund a second economy class ticket; and
(c)personally provide any extra amount necessary to pay for the purchase of the second ticket and related fringe benefits tax liability.
(2)The member may not:
(a)receive a refund if the cost of the second ticket is less than the difference between the business class and economy fares; or
(b)use official frequent flyer points to upgrade the travel from economy class.
12.2A.5Membership of airline club
The member is entitled to membership of the airline club for the airline that is contracted to provide domestic air travel services to the Department of Defence.
12.2A.6Home computing facilities
(1)The member is entitled to departmental computing equipment, software and ongoing support and maintenance for home use.
Examples of computing equipment
Personal computer with monitor or laptop computer, laser printer and modem.
Examples of software
Internet, word processing and statistical software.
(2)The member is entitled to be reimbursed for Internet use costs of up to $600 for each period of 12 months commencing on 1 April and ending on 31 March of the next year (sometimes known as a “Fringe Benefits Tax year”) to help them to keep up to date with information and educational facilities relevant to their work.
(3)A member of the Reserve Forces is only entitled under this clause when:
(a)the member is undertaking full-time service or an appointment listed in Schedule 12 to the Salaries Determination; and
(b)the member’s commanding officer or manager approves that the entitlement be made available, having regard to the duties that the member is required to perform.
12.2A.7Mobile telephone
(1)The member is entitled to a mobile telephone.
(2)The Department of Defence will meet the cost of providing and operating the telephone, including limited personal use.
(3)A member of the Reserve Forces is only entitled under this clause when:
(a)the member is undertaking full-time service or an appointment listed in Schedule 12 to the Salaries Determination; and
(b)the member’s commanding officer or manager approves that the entitlement be made available, having regard to the duties that the member is required to perform.
Note: Defence Information Management Policy Instruction No. 4 of 2001, Telephones and related goods and services, contains rules about how to use Departmental telephones to ensure value for money.
12.2A.8Privately-plated Defence vehicle
(1)The member is entitled to a privately-plated Defence vehicle, except during a period for which the member:
(a)is offered the use of a special Defence vehicle by virtue of the command appointment that the member holds; and
(b)chooses to take that vehicle.
(2)In this clause, a member who holds the temporary or acting rank of Brigadier or Major General for a continuous period of 4 weeks or more is entitled, for the period of the temporary or acting rank, to a privately-plated Defence vehicle if one is available to be allocated to the member.
12.2A.9 Allowance instead of privately-plated Defence vehicle
(1)This clause applies to a member to whom subclause 12.2A.8 (1) or (2) would otherwise apply, if:
(a)the member requests in writing to be paid an allowance instead of receiving a privately-plated Defence vehicle; and
(b)the CDF approves the member’s request.
(2)For subclause (1), the CDF must have regard to:
(a)the operational requirements of the Defence Organisation; and
(b)the status of the lease on member’s current privately-plated Defence vehicle (if any); and
(c)whether the member is serving overseas on an operational deployment; and
(d)reports on the level of usage of the member’s privately-plated Defence vehicle (if any) for official purposes; and
(e)the need for a vehicle for official use by other personnel in the member’s workplace; and
(f)the cost of alternative transport arrangements for the member and other personnel in the member’s workplace; and
(g)the absence of a vehicle to satisfy the member’s entitlement under subclause 12.2A.8 (2); and
(h)any other factor relevant to the member’s use of a privately-plated Defence vehicle.
(3)The member is entitled to an allowance at the rate of $17,000 a year, except during a period for which the member:
(a)is offered the use of a special Defence vehicle by virtue of the command appointment that the member holds; and
(b)chooses to take that vehicle.
(4)If the member is overseas on an operational deployment, the CDF may approve a request by the member to be paid an allowance under this clause before the end of the lease on their privately-plated Defence vehicle, subject to any early return fees being deducted from the allowance before any payment of the allowance is made.
Examples
1.The decision-maker may decide not to approve the allowance option unless the current lease on the member’s privately-plated Defence vehicle (if any) has expired, having regard to paragraph 12.2A.9(2)(b).
2.The decision maker may choose to approve a request if there is no pressing official use for the vehicle (under paragraph 12.2A.9 (2) (a)), noting that its removal may impose costs on Defence in relation to other personnel who no longer have access to it (under paragraph 12.2A.9 (2) (f)). The decision maker may also consider the cost of alternative transport arrangements for the member (such as cab charges) under paragraph 12.2A.9 (2) (f).
3.If the reported usage of the vehicle is in the low or very low category, then the decision maker might approve the request, having regard to paragraph 12.2A.9 (2) (d). Approval in relation to vehicles with high or very high use for official purposes would only be given in exceptional circumstances, because of the potentially high costs of providing alternative transport (paragraph12.2A.9(2)(f)).
4.Members who cash out their vehicles are to make optimum use of shuttle services and other official vehicles for transport for official purposes. The use of cab charges and private vehicles for which vehicle allowance may be claimed is to be kept to a minimum.
5.The decision-maker would normally approve the payment of an allowance to a member who holds acting or temporary rank but who is not able to be given a privately-plated Defence vehicle because none are available to be allocated to the member, having regard to paragraph12.2A.9(2)(g).
12.2A.10 Parking space
The member is entitled to a free parking space at or near their workplace.
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NOTE
1.Defence Determination 2003/21 commenced on 1 August 2003 and has been amended by Defence Determinations 2003/20, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32.
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EXPLANATORY STATEMENT
Defence Determination 2003/33
This Determination amends Defence Determination 2003/21, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter12 of the Principal Determination sets out provisions dealing with miscellaneous conditions of service for members of the Australian Defence Force (ADF).
The purpose of this Determination is to insert a new Part dealing with non-salary benefits for ‘star rank’ officers: those with the substantive rank of Brigadier or Major General. Previously, arrangements for these benefits were contained in an administrative statement presented to the Defence Force Remuneration Tribunal (DFRT). However, while the DFRT determines salary for these officers under section 58H of the Act, it does not determine their conditions of service. It is therefore necessary to authorise these additional benefits through a determination under section 58B of the Act. (The remuneration for officers with a rank higher than Major General is authorised by the Remuneration Tribunal under the Remuneration Tribunal Act 1973.)
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
This Determination commences on the day on which it is made, as provided by subsection58B (4) of the Act.
Clause 2 specifies that the amendments are made to the Principal Determination, as amended.
Clause 3 inserts a new Part 2A into Chapter 12 of the Principal Determination:
- New clause 12.2A.1 contains a purpose statement to explain some of the reasons that the additional remuneration is provided to star rank officers. These include the long hours of work and the need for flexible conditions that enhance retention of these officers.
- New clause 12.2A.2 defines certain terms used in the new Part. The definition of ‘star rank’ makes it clear that the reference relates to substantive rank only – including promotion to star rank for a specified period under regulation 35 of the Defence (Personnel) Regulations 2002, but excluding acting, temporary or provisional rank.
- New clause 12.2A.3 specifies which entitlements may apply to specified classes of members, including members of the Reserve Forces.
- New clause 12.2A.4 provides that a member may trade their entitlement to a business class ticket to assist them to receive two economy class tickets.
- New clause 12.2A.5 provides an entitlement to free airline club membership.
- New clause 12.2A.6 provides an entitlement to home computing facilities, including Internet facilities.
- New clause 12.2A.7 provides an entitlement to a mobile telephone and Commonwealth payment of related costs.
- New clause 12.2A.8 provides an entitlement to a privately-plated Defence vehicle, except during any period for which the member has the use of a special Defence vehicle. The entitlement extends to members who hold a temporary or acting rank of Major General or equivalent.
- New clause 12.2A.9 provides for an allowance of $17,000 a year to be paid in place of the member’s entitlement to a privately-plated Defence vehicle. The member’s request to be paid the allowance must be approved by the CDF. The allowance is not payable during any period for which the member has the use of a special Defence vehicle. Special provision is made for the CDF to approve requests involving early vehicle lease termination by members on operational deployments overseas, subject to any early return fees being deducted from the allowance before any payment of the allowance is made. This entitlement also extends to members who hold a temporary or acting rank of Major General or equivalent.
- New clause 12.2A.10 provides an entitlement to a free parking space at or near the member’s workplace.
Criteria are provided for the exercise of discretions under the new Part of the Principal Determination. Adverse decisions are subject to merits review under the ADF redress of grievance system, including an appeal to the Defence Force Ombudsman.
Authority:Section 58B of the
Defence Act 1903
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