Subclause 1.2.11.4 (Member Chapters 1 to 17 Apply To)

Defence Determination 2006/44

I, STEVEN RICHARD GRZESKOWIAK, Director General Personnel Policy and Employment Conditions, Defence Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 27 July 2006
S R GRZEKOWIAK
Director General
Personnel Policy and Employment Conditions
Defence Personnel Executive

1 Citation

This Determination is Defence Determination 2006/44, Cadet forces allowance – amendment.

2 Commencement

This Determination commences onthe date of signature.

3 Amendment

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

4 Subclause 1.2.11.4 (Member Chapters 1 to 17 apply to)

add at the end
5. / This Determination may also expressly make any person or class of persons who is a cadet, or who is appointed as an officer or instructor of cadets, eligible for a benefit.
See: Chapter 4 Part 8 Division 6, Cadet forces allowance
Chapter 11 Part 3, Payment of financial entitlements on death

5 Clause 4.8.29 (Purpose)

substitute

4.8.28A

Purpose

This allowance has the following purposes.
a. / To recognise that the Australian Defence Force Cadets is a youth development organisation staffed and funded in partnership between Defence and the community.
b. / In acknowledgement of the partnership mentioned in paragraph a., to provide officers and instructor of cadets with an allowance as a partial payment for the training, instruction and administration of cadets.

4.8.29 Person this Division applies to

1. / A person is eligible for cadet forces allowance if all of the following conditions apply to them.
a. / They have been appointed as an officer or instructor of cadets.
b. / They help train, instruct or administer activities of any of these cadet forces.
i. / Australian Navy Cadets.
ii. / Australian Army Cadets.
iii. / Australian Air Force Cadets.
Note: These cadet forces are collectively known as the Australian Defence Force Cadets.
c. / The officer or instructor is participating in an activity approved for the purposes of this Division by the relevant Service Chief.
2. / An officer or instructor of cadets serves as a member of the Australian Defence Force Cadets.

6 Clause 4.8.30 (Period and rate of entitlement)

substitute

4.8.30

Period and rate of payment

1. / For any financial year, an officer or instructor of cadets is to be paid the rate of allowancethat applies for the member's period of duty, under the following table.
Item / If the officer or instructor must attend an approved activity for… / then they are to be paid... / up to an annual maximum of...
1. / a full day – that is, six or more hours on any day / one day’s salary at the minimum rate payable to a member of the Reserves (other than a trainee) who has the same rank as they do.
Note: An officer's or instructor's rank is the rank they hold under the Cadet Forces Regulations1977. / 48 full days, made up of any combination of full and part days.
(For the purpose of working out this total, a part day is taken to be two or more hours).
2. / a part day – that is, two or more hours but less than six hours on any day / half the rate payable for a full day.
Example: A Major in the cadet forces trains cadets for 10 full days and four hours on three other days during a year. The lowest daily rate for a Major is the on-promotion rate of $160.04 a day. His allowance is therefore $1,830.42, worked out as follows.
a. 10 days x $160.04 = $1,600.40
b. 3 days x ($160.04 ÷ 2) = $230.02
c.$1,600.40 + $230.02 = $1,830.42
2. / AService Chief may decide thatadditional cadet forces allowance is payable to an officer or instructors of cadets who has reached the 48-day annual maximum, if satisfied that:
a. / The officer or instructor has applied in writing for approval for the payment of additional cadet forces allowance in advance of the activity being held.
b. / The relevant Service Chief has approved the circumstances in which the officer or instructor is required to undertake duty as special circumstances.

4.8.30A

Rate of allowance on advancement from other rank

1. / An eligible person who was a non-commissioned officer may be appointed as an officer in a cadet force.
2. / On appointment as an officer of cadets, cadet forces allowance becomes payable for each day of approved activity, at the rate that is applicable under paragraph a. or b.
a. / The full-day rate is the higher of these amounts.
i. / The rate that is payable to the person to under subclause 4.8.30.1, table item1.
ii. / The minimum daily rate payable to a member of the Reserves (other than a trainee) at the rank that the eligible person last held as a non-commissioned officer.
b. / The part-day rate is the higher of these amounts.
i. / The rate that is payable to the person under subclause 4.8.30.1, table item 2.
ii. / Half the minimum daily rate payable to a member of the Reserves (other than a trainee) at the rank that the eligible person last held as a non-commissioned officer.
3. / This clause ceases to apply to an officer on the day that the rate of allowance that would otherwise be payable to the officer under the table in subclause 4.8.30.1 is a rate higher than the rate payable under subparagraph 2.a.ii or 2.b.ii of this clause.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Defence Determinations 2006/1, 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 and 43. Certain provisions of the Determination have been modified by Determination No.5 of 2005 and No.1 of 2006, made under section 58H of the Defence Act 1903.

EXPLANATORY STATEMENT

Defence Determination 2006/44

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter4 of the Principal Determination sets out provisions dealing with allowances for members of the Australian Defence Force (ADF).

The purposes of this Determination are to:

amend the purpose of cadet forces allowance; and
increase the flexibility in how cadet forces allowance is paid; and
empower the relevant Service Chief to decide that an officer or instructor of cadets may receive cadet forces allowances beyond the maximum period in special circumstances.

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 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 inserts a new subclause for clause 1.2.11 of the Principal Determination. The new subclause makes clear that the Principal Determination is intended to extend to cadets and officers and instructors of cadets, where expressly mentioned.

Clause 5inserts a new clause 4.8.28A into the Principal Determination. This new purpose clause states the nature of the cadet forces and makes clear that some but not all approved cadet force activities attract remuneration. Information previously contained in the purpose clause has been moved into an eligibility clause to improve the structure of the allowance.

Clause 6 substitutes clause 4.8.30 of the Principal Determination.

Subclause 4.8.30.1 has been replaced with a revised version that expressly states the maximum period for which the allowance may be paid. The single limit allows the cadet forces maximum flexibility in how an instructor or officer performs their duty and is more equitable between members who work on a full or part-time basis providing cadet force activities.
Subclause 4.8.30.2 permits the Service Chief for a relevant cadet force to approve payment of cadet forces allowance to a member who is required to perform additional duty over the maximum in special circumstances. This ensures that a member who has already performed the maximum period of duty for which they can receive the allowance can be remunerated in when they are required to perform duty after special circumstances arise.
The material previously in subclause 4.8.30.3 of the Principal Determination has been moved into a separate clause4.8.30A so that the mechanism for ensuring that there is no detriment for a senior other rank member who moves to an officer position with a lower rate of pay. An error has been corrected in the method for working out the rate of allowance applicable for part days.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Decisions made are subject to internal merits review or judicial review processes, and may be referred to the Commonwealth Ombudsman.

Authority: Section 58B of the
Defence Act 1903