4.1.5 Eligibility for higher duties allowance
If the situation in paragraph e changes, the relevant approver listed in column B of the table in section 4.1.2 should review the member's pattern of Reserve service and accordingly do one of the following.
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Cease the member's higher duties allowance.
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Change the member's work pattern according to the higher duties role.
Example: A vacancy exists from 1 March to 1 November the following year. A member can only receive higher duties allowance for twelve months unless posted to the position. The member's direction ends on 1 March the following year and a new direction must be approved for the remainder of the period from 1 March to 1 November.
Examples:
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A weekend, or a day a member of the Reserves does not normally attend for duty.
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A Permanent member commences higher duties on Monday, they are not required for duty on the weekend. The weekend does not break the consecutive days. The following Friday is the 10th consecutive working day, and the member would be eligible to receive higher duties allowance from the following Monday.
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A Reserve member works 3 days a week, and is commencing higher duties of a permanent member. The days the Reservist does not attend for duty, do not affect the consecutive days. On the 4th week of acting (10 days), the member would be entitled for higher duties allowance.
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A member working on a sea going platform, works 7 days a week, the member commences duties in a higher position on Monday. As the member is required for duty on the weekend, the member would be eligible to commence higher duties allowance on the following Thursday.
Applications for higher duties allowance can only be submitted after Direction has been granted, and should be submitted within a reasonable timeframe (3mths) after the direction is given.
Conditions and relevant considerations for higher duties direction
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Before a directing person directs a member to perform higher duties the directing person must be satisfied that the following conditions have been met.
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The higher duties are in a position or role of a higher rank than that of the member to be directed to perform the duties. If the position is not an ADF position, it has higher responsibilities than those expected of a person holding the member’s rank.
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The member is qualified of performing the duties of the position or role.
Example: A trade Corporal is directed to perform the duties of their trade Sergeant while the Sergeant is on leave. The Corporal has not done the promotion courses for Sergeant. The directing officer assesses the member as capable of the Sergeant position. The member may be directed to perform the duties of the position.
Non-example: A technical trade Corporal is available when a kitchen manager Sergeant is on leave. The Corporal has no trade competence in catering. As the member is not qualified to do catering they may not be directed to perform higher duties.
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If the member to be directed to undertake higher duties is on a flexible service determination, the duties of the position or role can be carried out effectively during the member's pattern of service.
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No other member is undertaking the duties of the position for the same period.
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If the position/role is to be filled by two members who are job sharing, the members perform duty in the position at different times.
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Despite paragraph 1.e, higher duties allowance may be paid to multiple members if all the following conditions are met.
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A member has been posted to a position of higher rank.
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The member is granted leave or medical absence.
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The member qualifies for payment of higher duties allowance during leave or medical absence under the rules in section 4.1.7.e.
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Another member fills the position or role on higher duties while the first member is on leave.
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A directing member must consider the following matters.
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Whether there is a reason to pay higher duties other than the position or role being temporarily unfilled.
Note: Payment of higher duties allowance is not automatic. A position becoming temporarily unfilled is not in itself enough reason to assign its duties temporarily to another member.
Example: A member is not able to be directed to perform higher duties when the designated incumbent of the position is subject to performance management, administrative or disciplinary action. The designated incumbent of the position is to be managed IAW individual service career management policies.
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Whether the work of the unfilled position or role needs to be done for all or part of the period of the vacancy. The assessment must cover all the following factors.
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The duties of the unfilled position.
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Whether the duties need to be performed. The need might be for all or part of the period.
Example: The duties can be deferred or re-allocated. There is no need for a member to perform higher duties in the unfilled position.
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The period that a member would be required to perform duties in the higher position.
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The effect on Defence capability if the position is not filled.
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Whether the member is excluded from higher duties by the operation of section 4.1.4.
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The skills and experience of the member.
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Whether the member will be performing all or a substantial part of the duties the unfilled position or role is likely to require.
Example: The member being directed to perform higher duties may not be able to complete all tasks of the higher position. However the directive person is satisfied that the member will complete a substantial portion of the duties.
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4.1.6 Rate of higher duties allowance
Salary is the member's salary, inclusive of any non-reduction provision.
4.1.7 End of higher duties allowance
Example: A member is directed to perform higher duties from 1 February to 15 April. The member's direction ends on 15 April.
Example: A member is directed to perform higher duties from 1 March to 15 April. On 1 April the directing member ends the direction, and notifies the member. The member's direction ends the following day on 2 April.
If a member's eligibility for higher duties allowance has ceased under this section, the member must be approved under section 4.1.5.1 before it can be paid again.