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2.3.3 Purpose

The purpose of this Division is to provide financial benefits for a member who is given a notice under subsection 24(2) of the Defence Regulation because of redundancy.

2.3.4 Member this Division applies to

This Division applies to a member who meets all of the following conditions.

  1. The member’s service in the ADF is ending under paragraph 24(1)(b) of the Defence Regulation because of redundancy.
  2. The member has completed more than 2 years continuous full-time service.

2.3.5 Benefit

  1. On the day the member ceases to be a member of the Permanent Forces as a result redundancy, the member is entitled to any of the following amounts.
    1. A fortnight's salary and allowances for each completed year of service that is recognised for long service leave under Chapter 5 Part 5.
    2. A pro rata payment for each part-year of such service completed.
    3. A fortnight's salary and allowances for each completed year of continuous full-time service in the ADF that is not recognised for long service leave accrual.
    4. A pro rata payment for each completed part year of ADF service that is not recognised for long service leave accrual.
Guidance

This is likely to be earlier ADF service done before a break in service of more than one year.

  1. Certain periods must be excluded from the calculations in subsection 1. These periods are those included by the Commonwealth or any employer in the calculation of a payment of a special benefit, redundancy payment, or management initiated early retirement benefit, however described.
  2. The amount payable under subsection 1 must not be more than 48 weeks' salary and allowances.
  3. If the member's retirement age is less than 48 weeks from the day the service of the member is to end, the amount payable is for the period up to the member's retirement age.
  4. In this section, allowances means any of the following.
    1. Higher duties allowance when the period of higher duties was for 12 continuous months or more on the day the notice of redundancy was received.
    2. Any of the following under DFRT Determination No. 6 of 2024.  
      1. A Special Forces Disability Allowance under Part B Division 2 Subdivision 5. 
      2. Clearance Diver Instructor Allowance. 
      3. Clearance Diving Operations Support Allowance. 
      4. Clearance Diving Operations Support Allowance – Medical. 
      5. A Maritime Crew B to F Allowance under Part B Division 1 Subdivision 3. 
      6. Maritime Deployable Support Element Allowance. 
      7. An Unpredictable Explosives Allowance under Part B Division 4 Subdivision 2. 

2.3.6 Additional payment

  1. This section applies to a member to whom all of the following apply.
    1. They have been given a notice under subsection 24(2) of the Defence Regulation because of redundancy.
    2. The member provides a written response within the notice period requesting their service end on a day that is less than five weeks from the day the notice under section 24(2) of the Defence Regulation was given to the member.
  2. The member is to be paid an additional amount that is equal to the salary the member would have received between and including the following days had the member continued to serve during the period.
    1. The day the member’s service ends.
    2. The last day of the 5 week period beginning the day the member was given the notice under section 24(2) of the Defence Regulation.

2.3.7 When the amount is repayable

A member must repay the amount received if all of the following apply, unless the CDF is satisfied that the repayment is not required.

  1. The member receives any payment under this Division.

  2. The member commences another period of continuous full-time service within a year of ceasing to be a member of the Permanent Forces.

Guidance

This power must be exercised by the CDF personally.

Pay and conditions manual


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