Defence Determination 2011/40, Education and District Allowance Amendment

Defence Determination 2011/40, Education and district allowance – amendment

I, PETER ARTHUR ELLIS BAVINGTON, Acting Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 16 September 2011
P A E BAVINGTON
Acting Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2011/40,Education and district allowance – amendment.
2. / This Determination may also be cited as Defence Determination 2011/40.

2 Commencement

This Determination commences on29 September 2011.

3 Amendment

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

4 Clause 4.4.9 (Rate of allowance – member living in), table

substitute
Item / If the member is living in at a location graded… / then their yearly rate of allowance is ($)…
1. / A / 840
2. / B / 2,390
3. / C / 2,995
4. / D / 4,190
5. / E / 4,790

5 Subclause 4.4.10.1(Rate of allowance – member living out), table

substitute
Item / If the member is a member… / and they are living out at a location graded… / then their yearly rate of allowance is…
($)
1. / with dependants, and items 2 or 4 do not apply
/ A / 2,395
B / 6,835
C / 8,550
D / 11,975
E / 13,685
2. / with dependants, and one or more of those dependants meets both these conditions.
a.The dependant is an ADF member or an
APS employee in Defence.
b.The dependant is paid ADF district allowance or district allowance under the Defence Enterprise Collective Agreement 2009. / A / 1,200
B / 3,420
C / 4,275
D / 5,990
E / 6,845
3. / ...
4. / with dependants (unaccompanied) / A / 1,200
B / 3,420
C / 4,275
D / 5,990
E / 6,845
5. / without dependants / A / 1,200
B / 3,420
C / 4,275
D / 5,990
E / 6,845

6 Clause 4.4.22(Rate of allowance), table

substitute
Item / If the member is a member… / then their yearly rate of allowance is…
($)
1. / with dependants and items 2, 3 or 4 do not apply / 3,600
2. / with dependants, and their spouse or interdependent partner is also a member / 2,080
3. / with dependants and meets all of the following conditions.

At least one dependant is employed.
The employed dependant receives an allowance equal to or more than the allowance the member would get under item 1.
The employed dependant lives with the member or the member's spouse or interdependent partner.

4. / with dependants, and each dependant normally living with them has a yearly income of $28,368 or more
5. / of any other kind / 2,080

7 Subclause 4.4.26.2 (Entitlement), table

substitute
Item / If the member… / then their yearly rate of allowance is…
($)
1. / has at least one dependant living at the establishment / 2,395
2. / is a member of any other kind / 1,200

8 Clause 4.4.40 (Rate of allowance)

omit

$5,400

insert

$5,525

Clause 4.4.48 (Rate of allowance), table

substitute
Item / If subclause… / then they are entitled to the allowance at a rate of ($)…
1. / 4.4.47.a applies to the member / 11,661 a year.
2. / 4.4.47.b applies to the member / 6,424 a year.

Subclause 8.4.10.2 (Rate and period of reimbursement)

omit
$69
insert
$73

Subclause 8.4.10A.5 (Web-based tutoring), example table

substitute
Step / Action
1. / The child has studied maths before. The maximum limit is in Item 1 of the table in subclause 6, and is $1,022.
2. / The child only has one subject recommended, and had the coaching.
$1,022 x 1 = $1,022
3. / The child had 4 hours of face-to-face tutoring.
4 hours face-to-face tutoring x $73 an hour = $292
4. / $1,022 - $292 = $730
5. / The member may be reimbursed $730 for web-based tutoring.

Subclause 8.4.10A.6 (Web-based tutoring), table

substitute
Item / If the subject... / and the child... / then the maximum limit is...
1. / is offered at the new school / has studied the subject before / $1,022.
2. / has not studied the subject before / $1,898.
3. / is not offered at the new school / meets both of the following conditions:
1. The child is in Year 10, 11 or 12.
2. The child needs to study the subject, as it is essential to their career aims.
Example: A student wishes to pursue a career in music. Music courses are not available at the new school. / $3,796.

Subclause 8.4.12.3(Children with special needs), table item 1

omit
$69
insert
$73

Subclause 8.4.12.3 (Children with special needs), table item 2

omit
$513
insert
$543

Subclause 8.4.12.5 (Children with special needs)

Substitute
The CDF may approve attendance at a private school to access a special program. If approved, the member may receive the cost of compulsory tuition fees up to $19,785 a year. A member contribution of $266 a year is required.

Subclause 8.4.13.4 (CDF discretion to extend education assistance)

omit
$69
insert
$73

Subclause 8.4.20.1 (Rates of reimbursement), table

substitute
Item / The annual maximum reimbursement is... / less an annual member contribution of...
Compulsory tuition fees
1. / The cost of compulsory tuition fees to a maximum of $19,785 / $266.
Accommodation
2. / If in boarding school or a commercial establishment, the cost of board to maximum of $18,081 / $2,670.
($2,247 if the first year of boarding)
3. / If accommodated privately, the cost of board to a maximum of $9,665
Example: A lodger boarding in a private home.

Subclause 8.4.25.1 (Rate and period of assistance)

omit
$156
insert
$161

Subclause 15.6.11.3 (Entitlement – general), table

substitute
Item / School level / Annual contribution in AUD
1. / Pre-school / 354
2. / Primary school / 121
3. / Secondary school / 281

Subclause 15.6.28.2 (Entitlement), table

substitute
Item / If the child... / then the annual maximum entitlement in AUD for the child is...
Compulsory tuition fees
1. / attends a non-government school / 19,785.
2. / attends a government school / 266.
Accommodation
3. / lives at a boarding school or commercial boarding establishment / 18,081.
4. / lives in private board and lodging / 9,665.
5. / lives at home / 2,670.

Subclause 15.6.28.4 (Entitlement), table

substitute
Item / If, on the day before the notice of posting was issued, the child... / then the yearly contribution in AUD for the child is...
1. / lived at a boarding school or commercial boarding establishment / the amount for boarding the member would have incurred at the school or commercial boarding establishment.
2. / lived in private board and lodging / 9,665.
3. / lived at home / 2,670.

Paragraph 15.6.28.4A.a (Entitlement)

omit
AUD 114
insert
AUD 121

Paragraph 15.6.28.4A.b(Entitlement)

omit
AUD 266
insert
AUD 281

Subclause 15.6.28.5 (Entitlement)

omit
AUD 448
insert
AUD 423

Transitional

1. / In this clause the following definitions apply.
Term / Definition
Commencement day / means the day on which this Determination commences.
Relevant period / means the period from 1 January 2011 to the day before the commencement day.
The Principal Determination / means Defence Determination 2005/15, Conditions of Service, as amended.
2. / This clause applies to a member who was entitled, during the relevant period, to education assistance for a child under the Principal Determination.
3. / If this Determination had applied for the relevant period, and would have resulted in the member's entitlement to education assistance exceeding the amount of education assistance previously paid for that period, the member is entitled to additional education assistance equal to the amount of the excess.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2011/1 and Defence Determinations 2011/2, 3, 4, 5, 6, 7, 8, 9, 10,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and 39.

EXPLANATORY STATEMENT

Defence Determination 2011/40

This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). The following Chapters of the Principal Determination set out provisions for members of the Australian Defence Force (ADF).

Chapter 4 sets out provisions dealing with allowances and reimbursements.
Chapter 8 sets out provisions dealing with members and their dependants.
Chapter 15sets out provisions dealing with members living and working on long-term posting overseas.

The purposes of this Determination are to:

Make routine adjustmentsto allowances for members in remote locations. These are based on changes in the Consumer Price Index or figures supplied by the Australian Public Service Commission.
Make routine adjustments to education cost allowances. These are based on changes in the Consumer Price Index or figures supplied by the Australian Public Service Commission.

Clause 1 of this Determination sets out the manner in which this Determination may be cited.

Clause 2 of this Determination provides this Determination commences on29 September 2011.

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

Clause 4 amends the table in clause 4.4.9 of the Principal Determination. The table provides rates of district allowance for a member without dependants or with dependants (unaccompanied) who 'livesin'at a remote location. The allowance rates have increased in line with the All Groups componentof the Consumer Price Index for the 12 month period ending March 2011 (3.3%), rounding the underlying figure to the nearest five dollars.

Clause 5 amends the table in subclause 4.4.10.1 of the Principal Determination. The table provides rates of district allowance for a member who 'lives out' at a remote location. The allowance rates have increased in line with the All Groups componentof the Consumer Price Index for the 12 month period ending March 2011 (3.3%), rounding the underlying figure to the nearest five dollars.

Clause 6 amends clause 4.4.22 of the Principal Determination. This amendment adjusts the yearly rates of Woomera allowance. The allowance rates have increased by 3.7 (item 1) and 3.5 (items 2,3,4 and 5) per cent, in line with new rates advised by the Australian Public Service Commission. Clause 7 also increases each dependant's yearly minimum income at item 4 from $16,830 to $28,368. This increase reflects the prescribed figure in the Defence Enterprise Collective Agreement 2009. The description in table item 3 has been re-worded to be made clearer.

Clause 7 amends the table in subclause 4.4.26.2 of the Principal Determination. This amendment adjusts the yearly rates of Port Wakefield allowance. The allowance rates have increased in line with the All Groups componentof the Consumer Price Index for the 12 month period ending March 2011 (3.3%), rounding the underlying figure to the nearest five dollars.

Clause 8 amends clause 4.4.40 of the Principal Determination. This amendment adjusts the yearly rate of

Scherger allowance. The allowance rate has increased in line with movement in the Transportation component of the Consumer Price Index for the 12 month period ending March 2008 (2.3%), rounding the underlying figure to the nearest five dollars. The allowance had not been increased in 2009 and 2010 since there was an overall negative shift in the Consumer Price Index up until March 2011.

Clause 9 amends the table in clause 4.4.48 of the Principal Determination. This amendment adjusts the yearly rates of Antarctic allowance. The allowance rates have increased by 3.6%, in line with new rates advised by the Australian Public Service Commission.

Clause 10 amends subclause 8.4.10.2 of the Principal Determination. This amendment increases the maximum hourly rate of reimbursement to a member for the cost of face-to-face tutoring for their child. The amendment changes this maximum rate from $69 to $73. This rate has increased in line with the Education component of the Consumer Price Index for the 12 month period ending December 2010 (5.7%), rounding the underlying figure to the nearest dollar amount.

Clause 11 amends the example table in subclause 8.4.10A.5 of the Principal Determination which provides an example of how to calculate the reimbursement for web-based tutoring. The rates in this example have been increased to reflect the rates in clauses 10 and 12 of this Determination.

Clause 12 amends subclause 8.4.10A.6 of the Principal Determination which provides the figures used for calculating web-based tutoring payments. The ratesare in line with an increase in the Education component of the Consumer Price Index for the 12 month period ending December 2010 (5.7%), rounded to the nearest dollar.

Clause 13 amends table item 1 of subclause 8.4.12.3 of the Principal Determination. This amendment increases the maximum hourly rate of reimbursement for costs incurred by a member when their child with special needs requires additional tuition or therapy to assist in the transition to a new school. The amendment changes this maximum rate from $69 to $73. This change is in line with an increase in the Education component of the Consumer Price Index for the 12 month period ending December 2011 (5.7%), rounding the underlying figure to the nearest dollar amount.

Clause 14 amends table item 2 of subclause 8.4.12.3 of the Principal Determination. This amendment increases the entitlement for the costs of private assessment to develop an educational program for a child with special needs. This amendment changes this entitlement from $513 to $543, which is in line with an increase in the Education component of the Consumer Price Index for the 12 month period ending December 2010 (5.7%), rounded to the nearest dollar amount.

Clause 15substitutes subclause 8.4.12.5 of the Principal Determination. This amendment increases the maximum reimbursement for the cost of compulsory tuition fees from$18,347 to $19,785 a year, which represents an increase of 7.8 per cent. It also increases the member contribution from $244 to $266 a year, which represents an increase of 9 per cent.These new rates have been advised by the Australian Public Service Commission.

Clause 16 amends subclause 8.4.13.4 of the Principal Determination. This amendment increases the maximum hourly rate of reimbursement for costs incurred by a member when their child's tuition or therapy limits have been extended by an additional 14 weeks. The amendment changes this maximum rate from $69 to $73. These changes are in line with an increase in the Education component of the Consumer Price Index for the 12 month period ending December 2010 (5.7%), rounded to the nearest dollar amount.

Clause 17 amends subclause 8.4.20.1 of the Principal Determination. This amendment increases the maximum rates of reimbursement for compulsory tuition fees, accommodation for children who do not accompany a member to a posting location anda member's annual contribution rate.

The various changes are as follows.

Increase in the maximum annual compulsory tuition fees from $18,347 to $19,785; this is an increase of 7.8 per cent.
Increase in the annual member contribution toward the cost of compulsory tuition fees from $244 to $266; this is an increase of 9 per cent.
Increase in the maximum cost to board if accommodated in a boarding school or a commercial establishment from $17,318 to $18,081; this is an increase of 4.4 per cent.
Increase in the maximum cost of board if privately accommodated from $8,952 to $9,665; this is an increase of 8 per cent.
Increase in the annual member contribution toward the cost of accommodation from $2,600 to $2,670; this is an increase of 2.7 per cent.
Increase in the annual member contribution toward the cost of accommodation in the child's first year of boarding from $2,152 to $2,247; this is an increase of 4.4 per cent.

These new rates have been advised by the Australian Public Service Commission.

Clause 18 amends subclause 8.4.25.1 of the Principal Determination. This amendment increases the rate of reimbursement to members for accommodation costs for tertiary students not at the member's location of residence. The increase is from $156 to $161 a week, an increase of 3.2 per cent. This rate is based on 83 per cent of the Youth Allowance payable under the Social Security Act 1991, rounded to the nearest dollar amount.

Clause 19 amends subclause 15.6.11.3 of the Principal Determination which lists the contribution that a member must pay toward the cost of a government school that their child attends in their overseas posting location. The changesare in line with an increase in the Education component of the Consumer Price Indexfor the 12 month period ending December 2010 (5.7%), rounded to the nearest dollar amount.

Clause 20 amends subclause 15.6.28.2 of the Principal Determination. The various changes are as follows.

The maximum reimbursement for compulsory tuition fees for a child at a government school has increased from AUD 18,347 to AUD 19,785 a year; this is an increase of 7.8 per cent.
The maximum cost incurred for compulsory tuition fees for a child at a government school has increased from AUD 244 to AUD 266 a year; this is an increase of 9 per cent.
The maximum reimbursement for accommodation where a child boards at boarding school or a commercial boarding establishment has increased from AUD 17,318 to AUD18,081a year; this is an increase of 4.4 per cent.
The maximum reimbursement for accommodation where a child lives in private board and lodging has increased from AUD 8,952 to AUD 9,665a year; this is an increase of 8 per cent.
The maximum reimbursement for accommodation where a child lives at home has increased from AUD 2,600 to AUD 2,670a year; this is an increase of 2.7 per cent.

These new rates have been advised by the Australian Public Service Commission.

Clause 21 amends subclause 15.6.28.4 of the Principal Determination, which provides for members' contribution towards their child's accommodation when the child attends an Australian school while the member is on an overseas posting. The changes are as follows.

Member contributions towards accommodation for a child in private board and lodging are increased from AUD 8,952 to AUD 9,665 a year;this is an increase of 8 per cent.
Member contributions towards accommodation for a child who lives at home are increased from AUD 2,600 to AUD 2,670 a year; this is an increase of 2.7 per cent.

These new rates have been advised by the Australian Public Service Commission.

Clause 22 amends paragraph 15.6.28.4A.b of the Principal Determination, which provides for contributions towards tuition fees where the child of a member posted overseas is educated in an Australian primary school. The amount has been increased from AUD 114 to AUD 121. This is in line with an increase in the Education component of the Consumer Price Indexfor the 12 month period ending December 2010 (5.7%), rounded to the nearest dollar amount.

Clause 23amends paragraph 15.6.28.4A.b of the Principal Determination, which provides for contributions towards tuition fees where the child of a member on an overseas posting is educated in an Australian secondary school. The amount has been increased from AUD 266 to AUD 281.This is in line with an increase in the Education component of the Consumer Price Indexfor the 12 month period ending December 2010 (5.7%), rounded to the nearest dollar amount.

Clause 24 amends subclause 15.6.28.5 of the Principal Determination. The subclause states the amount by which a member's annual contribution to boarding school accommodation is reduced if their child attends the school for the first time.This amount has been reduced from AUD 448 to AUD 423; this is areduction of 5.6per centin line with new rates advised by the Australian Public Service Commission.This is beneficial to the member since their contribution is less.

Clause 25 sets out a transitional provision which authorises reimbursement to an eligible member of additional education assistance. The reimbursement is equal to the amount (if any) by which the education assistance received during an earlier period is less than the education assistance to which the member would have been entitled if this Determination had applied from 1January 2011 and the day before this Determination commenced.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review under the ADF redress of grievance system, including an appeal to the Defence Force Ombudsman.

The retrospective application of the transitional provision in this Determination does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such person.

Authority: Section 58B of the
Defence Act 1903