1.2.1 Defence Determination 2016/19 – general
Examples: Leave benefits, housing benefits and travel benefits.
1.2.2 Members Chapters 1 to 17 apply to
In the total workforce system, members of the Reserves on Reserve service are described as members in Service category 3, 4 or 5 members rendering service that is not Service option C.
Example 1: A member of the Reserves on Reserve service is not eligible for housing assistance under Chapter 7. There is no express intention in that Chapter to apply housing assistance to members other than those on continuous full-time service.
Example 2: A member of the Reserves on Reserve service is eligible for the payment of costs for travel on Defence business. Section 9.5.14 states that this benefit applies to these members.
In the total workforce system, the following arrangements apply.
A member of the Permanent Forces may be described as a member in Service category 6 or 7.
A member of the Reserves is described as a member in Service Category 3, 4 or 5. A member of the Reserves rendering continuous full-time service is described as a Reserve member on SERVOP C.
In the total workforce system, a member of the Reserves who is rendering service which is not continuous full-time service, is described as a Reserve member on Reserve service.
1.2.3 Other people this Determination may apply to
Example: Some removal and housing benefits are provided for resident family and recognised other persons under Chapters 6 and 7. This includes removal after the death of a member or the breakdown of their marriage. The provisions make clear the circumstances wherein resident family and recognised other persons may access these benefits.
1.2.4 Meaning of words and phrases
Non-example 1: Recreation leave only applies to members on continuous full-time service and uses terms defined in Part 3. This rule does not operate to make recreation leave apply to members rendering Reserve service.
Non-example 2: Eligibility to certain benefits are related to a member's status as a member with resident family. As the definitions for resident family in Part 3 Division 3 do not apply to a member on Reserve service, these benefits are not available to these members.
In the total workforce system, a member on Reserve service may be described as a member in Service category 2, 3, 4 or 5. A member rendering service on Service option C is not rendering Reserve service.
A complete list of the approved forms can be found in Defence Determination 2016/19 (Approved forms) Instrument 2023 (No. 2).
1.2.5A References to rules in other instruments
1.2.6 Collection, use and disclosure of personal information
Determinations – what they are and which ones apply
Defence Determinations are delegated legislation made under the Defence Act 1903.
Chapters 1 to 17 set out determinations that are relevant to ADF conditions of service. This table describes those determinations.
Determinations Determinations on... are made by the... under... ADF salary and salary-related allowances Defence Force Remuneration Tribunal (DFRT) section 58H of the Defence Act 1903. ADF conditions of service (within Australia and overseas) delegate of the Minister for Defence section 58B of the Defence Act 1903. APS overseas conditions of service delegate of the Secretary of the Department of Defence section H6 of the Defence Enterprise Agreement 2017-2020 (PDF 706KB).
Determinations have the force of law. They must be complied with.
DFRT determinations on salary and allowances
Several principal DFRT determinations deal with ADF pay and allowances in the nature of pay. They are published in Chapter 3 Part 1 and Chapter 4 Parts 2 and 3, as follows.
In Chapter 3 Part 1, Entitlement and calculation of salaries: DFRT Determination No. 2 of 2017, Salaries, as amended to date.
In Chapter 4 Part 2, ADF allowances: DFRT Determination No. 11 of 2013, ADF allowances, as amended to date.
In Chapter 4 Part 3, Qualification and occupation-based allowances: several DFRT determinations dealing with various allowances, as amended to date.
Defence Determination 2016/19, Conditions of service
Defence Determination 2016/19, Conditions of service, is the main Determination referred to in Chapters 1 to 17. This is unless another authority for conditions is expressly referred to.
DFRT determinations take precedence over Defence Determination 2016/19
The DFRT determinations published in Chapters 3 and 4 are clearly labelled. They are legally separate from Defence Determination 2016/19, as published in the remainder of Chapters 1 to 17. If Defence Determination 2016/19 is inconsistent with them, the DFRT determinations take precedence over it.
WARNING: Each DFRT determination in Chapters 3 and 4 is legally self-contained. It has its own definitions, date of effect and rules about which members it applies to. It must be read on its own. The definitions in Chapter 1 Part 3 may not apply. These definitions only apply to Defence Determination 2016/19 and related guidance, as published in the remainder of Chapters 1 to 17.
Section notes for the individual DFRT determinations can be found at the end of the text of each DFRT determination.
Overseas conditions of service
All provisions for overseas service are set out in Chapters 12 to 17.
The APS overseas conditions of service are generally the same as the ADF overseas conditions of service.
The ADF provisions may be different from the APS provisions in some areas. This is because some working and living conditions are different.
The Defence Enterprise Agreement 2017-2020 (PDF 706KB) is the usual legal authority for APS overseas conditions in the Department of Defence. Section H6 of the Defence Enterprise Agreement 2017-2020 (PDF 706KB) authorises the Secretary to determine additional conditions for overseas service. Under this power, the delegate of the Secretary has determined that APS overseas conditions will be substantially the same as set out in the Overseas Conditions of Service Volume, with some modifications. These modifications are clearly labelled in the Overseas Conditions of Service Volume.
In rare cases, APS overseas conditions may be authorised by a determination made under subsection 24 (1) of the Public Service Act 1999.