Defence Determination 2017/12, Salaries – consequential

I, PHILLIP JOHN HOGLIN, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.

Dated 31 March 2017

P J HOGLIN Acting Assistant Secretary People Policy and Employment Conditions Defence People Group

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1 Name 1. This Determination is Defence Determination 2017/12, Salaries – consequential.

2. This Determination may also be cited as Defence Determination 2017/12.

2 Commencement 1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 5 and 3 April 2017 Schedule 1 of this instrument 2. Schedule 2 of this 4 April 2017 instrument

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority This instrument is made under section 58B of the Defence Act 1903.

4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

2 Schedule 1—Consequential amendments resulting from Defence Force Remuneration Tribunal Determination No. 1 of 2017 Defence Determination 2016/19, Conditions of service

1 Subsection 1.3.16.1 (Daily rate), cross reference note Omit "Calculating and pro rating", substitute "Administration of".

2 Subsection 1.3.16.2 (Daily rate), cross reference note Omit the note, substitute:

See: DFRT Determination No. 11 of 2013, ADF Allowances, section A.1.7, Payment arrangements

3 Section 1.3.25 (Fortnightly rate) Repeal the section, substitute:

1.3.25 Fortnightly rate The fortnightly rate of any annual rate means the calculation set out at subsection 3.2.7.3 as adjusted by subsection 3.2.7.7.

See: Chapter 3 Part 2 Division 1 section 3.2.7, Administration of salary and allowances

4 Section 1.3.67 (Reserve service) Repeal the section, substitute:

1.3.67 Reserve service Reserve service means a period of service performed by a member of the Reserves that is not continuous full-time service.

See: Section 1.3.15, Continuous full-time service

5 Section 1.3.77 (Travel card) After the section add:

1.3.77A Unpaid leave 1. Unpaid leave means any of the following leave types.

a. Leave without pay.

b. Unpaid maternity leave.

c. Unpaid paternity leave.

2 2. Part-time leave without pay means a period of part-time unpaid leave.

6 Section 3.2.4 (Salary not payable) Repeal the section.

7 Section 3.2.5 (Time for payment of salary for a member of the Permanent Forces), title Omit "of the Permanent Forces", substitute "on continuous full-time service".

8 Section 3.2.5 (Time for payment of salary for a member on continuous full- time service) Omit "section 3.2.4", substitute "clause A.1.8 of DFRT Determination No. 15 of 2008, Salaries".

9 Section 3.2.6 (Method of payment of salary for a member on continuous full- time service) Repeal the section, substitute:

3.2.6 Method of payment of salary for a member on continuous full-time service 1. Salary may be paid to members every 14 days (a fortnight).

2. Payment of salary and allowances to a member is made by electronic funds transfer into a financial institution advised by the member.

10 Section 3.2.7 (Calculating and pro rating salary and allowances) Repeal the section, substitute:

3.2.7 Administration of salary and allowances 1. The fortnightly rate of an allowance provided under this determination is worked out by the following steps.

Step Action 1. Find the annual rate of allowance payable to the member. 2. Divide the rate in Step 1 by 365. 3. Multiply the result of Step 2 by fourteen. 4. The result of Step 3 is the fortnightly rate of allowance that applies to the member.

3 2. The daily rate of salary or higher duties allowance payable to a member is either of the following rates.

a. In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate.

b. In any other case — one fourteenth of the fortnightly rate.

3. To calculate the pro rata daily rate of the allowances listed in the table below is either of the following.

a. In the case of a member who is granted part-time leave without pay — one tenth of the fortnightly rate.

b. In any other case — one fourteenth of the fortnightly rate.

Item Allowance Reference 1. ADF district allowance Chapter 4 Part 4 Division 1 and Division 2 2. Antarctic allowance Chapter 4 Part 4 Division 6 3. (Antarctic) Common duties allowance Chapter 4 Part 4 Division 7 4. Antarctic parity allowance Chapter 4 Part 4 Division 8 5. Child allowance Chapter 15 Part 2 Division 4 6. Child reunion allowance Chapter 15 Part 2 Division 5 7. Cost of living adjustment Chapter 15 Part 2 Division 2 8. Hardship allowance Chapter 16 Part 2 9. Higher duties allowance Chapter 4 Part 1 10. Port Wakefield allowance Chapter 4 Part 4 Division 3 11. Post adjustment Chapter 15 Part 2 Division 3 12. Scherger allowance Chapter 4 Part 4 Division 4 13. Trainee's dependant allowance Chapter 4 Part 8 Division 1 14. Uniform allowance Chapter 10 Part 1

4. For each of the allowances listed in a row of the following table, that row also sets out the method for working out the pro rata daily rate of the allowance.

Item The pro rata daily rate of... for... is... 1. Language allowance any member the annual rate divided by 365. 2. Rent allowance any eligible one fourteenth of the rate set out in member not Chapter 7 Part 8 Division 4 on part-time section 7.8.19, Working out rent leave without allowance. pay See: For part-time leave without pay, Chapter 7 Part 8 Division 5 section 7.8.35, Member on part-time leave without pay

Note: The methods set out in this section work out daily rates from annual rates. They do not override daily rates of allowance that are expressly specified in a determination.

5. Fortnightly and daily totals may be rounded to the nearest cent.

4 6. The rounded daily rate is not used to calculate an amount for two or more days in the pay fortnight. The unrounded figure is used instead. The total figure is then rounded to the nearest cent.

11 Section 3.2.11 (Working out a day for Reserve Service) Repeal the section.

12 Subsection 3.2.14.4 (Reserve member attending for duty in special circumstances), note Omit "Section 3.2.11", substitute "DFRT Determination No. 15 of 2008, Salaries, clause A.1.9,".

13 Paragraph 3.2.15.a (Reserve Assistance Program attendance), note Omit the note, substitute:

Note: A member who attends a session must still meet the specified time periods set out in DFRT Determination No. 15 of 2008, Salaries, clause A.1.9 to be paid. See Part 1 Part A clause A.1.9, Salary for Reserve Service.

14 Section 3.2.17 (Frequency of payment of salary and allowances for a member on Reserve service), title Omit "Frequency", substitute "Method".

15 Subsection 3.2.17.2 (Method of payment of salary and allowances for a member on Reserve service) At the end of the subsection, add:

3. Payment of salary and allowances to a member is made by electronic funds transfer into a financial institution advised by the member.

16 Section 3.2.17A (Electronic payment for a member of the Reserves) Repeal the section.

17 Section 3.2.30.3 (Increment advancement), table item 2 Omit "See: Division 1 section 3.2.11, Working out a day for Reserve service", substitute "See: DFRT Determination No. 15 of 2008, Salaries, clause A.1.9, Salary for Reserve Service".

18 Section 4.1.20 (Payment of higher duties allowance), cross reference note Omit "Calculating and pro rating", substitute "Administration of".

5 19 Section 5.1.2 (Leave – overview) At the end of the section, add:

5.1.2A Salary and allowances during leave 1. Allowances that are provided under this determination may be paid during a period of leave. This is subject to the conditions for payment of the allowance in other Chapters. It is necessary to refer to the relevant provisions for each allowance.

Examples: Overseas living allowances, location allowances, uniform allowance, rent allowance.

20 Section 5.4.37 (Payment of allowances on recreation leave) Repeal the section, substitute.

5.4.37 Payment of allowances on recreation leave 1. If a member is eligible for payment of any annual allowance under DFRT Determination No. 11 of 2013, ADF Allowances, and section 5.1.2A before they start their leave, they are eligible to be paid the relevant allowances during their leave.

See: Part 1 section 5.1.2A, Salary and allowances during leave

2. If a member was eligible for an allowance under section 5.1.2A for a period before, but not on, their last day of duty before commencing leave, they may be eligible for the allowance if they meet any of these criteria for the period between their previous benefit and the start date.

a. They were on travelling leave.

b. They were ill or in hospital.

c. They could not take recreation leave because they had to remain on duty.

d. For an officer — they were involved in retirement proceedings that resulted in their retirement from the ADF because they were physically or mentally incapacitated.

e. For a member other than an officer — they were involved in discharge proceedings that resulted in their discharge from the ADF because they were medically unfit.

3. While a member is on recreation leave, they can be paid one of the allowances under DFRT Determination No. 11 of 2013, ADF Allowances, only for the period of credit they accrued while they were eligible for the allowance.

Example: A member has accrued 20 days of recreation leave credit while they are posted to a seagoing submarine and eligible for maritime disability allowance. They take 20 days of recreation leave. They are still paid the allowance during the 20 days.

Non-example: If the same member in the example above had taken 30 days of recreation leave, the allowance would stop being paid after the first 20 days.

6 4. On any day that an amount of allowance under either DFRT Determination No. 11 of 2013, ADF Allowances, or this determination is included in a member's salary, the member is not to be paid that allowance amount under this section.

Authority: A member's salary is determined under section 58H of the Defence Act 1903.

21 Subsection 5.5.23.1 (Allowances while on long service leave) Repeal the subsection, substitute:

1. A member may be paid an allowance under DFRT Determination No. 11 of 2013, ADF Allowances, during a period of long service leave.

See: DFRT Determination No. 11 of 2013, ADF Allowances, subsections A.1.7.4 and A.1.7.5, Payment arrangements

22 Subsection 5.5.23.2 (Allowances while on long service leave) Omit "allowance listed in subsection 1 during leave", substitute "allowance under subsection 1".

23 Section 5.6.4 (Definitions), entry for salary Omit the entry for salary, substitute:

Salary Salary and allowances as if the period were a period of recreation leave. See: DFRT Determination No. 15 of 2008, Salaries, clause A.1.5, Administration of salary Part 4 Division 7, 5.4.36, Payment of allowances on recreation leave

24 Section 5.8.8 (Salary for leave) Repeal the section; substitute:

5.8.8 Salary and allowances during leave Salary and allowances for a period of war service leave is what a member would receive if they had been taking recreation leave for the period.

See: Part 1 section 5.1.2A, Salary and allowances during leave

See also: Chapter 17 Part 7 Division 1, Deployment allowance

25 Subsection 5.8.9.2 (Payment instead of leave – during ADF service), example Omit "Section 5.8.8, Salary for leave", substitute "Part 1 section 5.1.2A, Salary and allowances during leave".

7 26 Subsection 5.8.10.2 (Payment instead of leave – leaving continuous full-time service), cross reference note Omit "See: Section 5.8.8, Salary for leave", substitute "See: Part 1 section 5.1.2A, Salary and allowances during leave".

27 Section 5.9.6 (Salary for leave) Repeal the section.

28 Section 5.10.26 (Effect on salary increments), note Omit "Calculating and pro rating", substitute "Administration of".

8 Schedule 2— Consequential amendments resulting from Defence Force Remuneration Tribunal Determination No. 2 of 2017 Defence Determination 2016/19, Conditions of service

1 Defence Determination 2016/19 (Conditions of service), as amended 1. Omit "DFRT Determination No. 15 of 2008" (wherever occurring), substitute "DFRT Determination No. 2 of 2017".

2. Omit "DFRT Determination 15 of 2008" (wherever occurring), substitute "DFRT Determination No. 2 of 2017".

3. Omit "Defence Force Remuneration Tribunal Determination No. 15 of 2008" (wherever occurring), substitute "DFRT Determination No. 2 of 2017".

2 Section 3.2.5 (Time for payment of salary for a member on continuous full- time service) Omit "clause A.1.8", substitute "section A.1.4".

3 Subsection 3.2.14.4 (Reserve member attending for duty in special circumstances), Note Omit "clause A.1.9" (wherever occurring), substitute "section A.1.5 and subsection B.3.4.4".

4 Paragraph 3.2.15.a (Reserve Assistance Program attendance), note Omit "clause A.1.9" (wherever occurring), substitute "section A.1.5 and subsection B.3.4.4".

5 Section 3.2.20 (Salary on promotion – general), cross reference note Omit "section B.2.4", substitute "section B.2.5".

6 Subsection 3.2.30.3 (Increment advancement), table item 2 Omit "clause A.1.9", substitute "section A.1.5 and subsection B.3.4.4".

7 Paragraph 3.2.42.1.b (Medical officers – increment advancement on promotion) Omit "item 5 or 6 of the table in subsection B.3.3.1", substitute "item 5 of the table in subsection B.3.4.1".

8 Paragraph 3.2.42.1.c (Medical officers – increment advancement on promotion) Omit "item 7 of the table in subsection B.3.3.1", substitute "item 6 of the table in subsection B.3.4.1".

2 9 Paragraph 3.2.42.2.b (Medical officers – increment advancement on promotion), note Omit "section B.3.2", substitute "section A.1.12".

10 Subsection 3.2.42.3 (Medical officers – increment advancement and promotion), table item 1 Omit "Part 1 or 2" (wherever occurring), substitute "Part 1 or 3".

11 Subsection 3.2.42.3 (Medical officers – increment advancement and promotion), table item 2 Omit "Part 1A or 2A" (wherever occurring), substitute "Part 2 or 4".

12 Subsection 3.2.42.3 (Medical officers – increment advancement and promotion), table item 2 Omit "Part 1A of Schedule B.8" (wherever occurring), substitute "Part 2 of Schedule B.8".

13 Subsection 3.2.42.7 (Medical officers – increment advancement and promotion) Omit "6 or 7 of subsection B.3.3.1", substitute "5 or 6 of subsection B.3.4.1".

14 Subsection 3.2.42.7 (Medical officers – increment advancement and promotion), cross reference note Omit the note, substitute:

See: DFRT Determination No. 2 of 2017, Salaries, Division B.3 subsection B.3.4.1, Rate of salary for specialist officer

15 Subsection 3.2.42.8 (Medical officers – increment advancement and promotion) Omit, "Part 1A or 2A", substitute "Part 2 or 4".

16 Subsection 3.2.47.4 (Medical levels – medical officer) Omit, "Part 1 or 2", substitute "Part 1 or 3".

17 Section 3.2.48 (Purpose), cross reference note Omit the note, substitute:

See: DFRT Determination No. 2 of 2017, Salaries, Division B.2 section B.2.5, Rate of salary on advancement from Other rank

3 17 Paragraph 3.5.47.1.a (Retention bonus repayment) Omit "Part 1 of Schedule B.11", substitute "Schedule B.11 Part 1".

18 Subsection 3.5.47.1 (Retention bonus repayment), cross reference note Omit the note, substitute:

See: Schedule B.11 Part 1, Other rank pay grades

20 Section 3.5.83 (Definitions) Omit "section B.3.2", substitute "section A.1.12".

21 Section 3.5.83 (Definitions), cross reference note Omit the note, substitute:

See: DFRT Determination No. 2 of 2017, Salaries, Division A.1 section A.1.12, Specialist officers (definitions)

22 Subparagraph 4.1.24.1.a.iii (Rate for higher duties – other rank member acting as commissioned officer) Omit "section B.2.4", substitute "section B.2.5".

23 Subsection 4.1.27.1 (Rate for higher duties – member on transitional rates), cross reference note Omit the note, substitute:

See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.4, Other rank member appointed as officer – transitional salary rates

24 Subsection 4.1.27.3 (Rate for higher duties – member on transitional rates), cross reference note Omit the note, substitute:

See: DFRT Determination No. 2 of 2017, Salaries Schedule B.3, Officer salary rates Schedule B.4, Other rank member appointed as officer – transitional salary rates

25 Subsection 4.1.28.1 (Rate for higher duties – Air Force officer acting as a Commanding Officer), exception Omit "paragraph B.2.2.5(b)", substitute "paragraph B.2.3.5.b".

4 26 Subsection 4.1.30.1.a (Rate for higher duties – Air Force Executive Warrant Officer acting higher tier position), note Omit "Part 3 of Schedule B.9", substitute "Schedule B.9 Part 3".

27 Subsection 4.1.31.2 (Rate for higher duties – member acting at or above the rate of Brigadier), table item 3 Omit:

The base salary component of pay point one of Part 3 of Schedule B.1, Senior officer salary rates.

See: Chapter 3 Schedule B.1, Senior officer salary rates"

Substitute:

The base salary component of pay point one of Schedule B.1 Part 3, Senior officer salary rates.

See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.1, Senior officer salary rates

28 Subsection 4.1.32.2 (Rate for higher duties – member acting outside the ADF), table item 3 Omit:

The base salary component of pay point one of Part 3 of Schedule B.1, Senior officer salary rates.

See: Schedule B.1, Senior officer salary rates, DFRT Determination No. 2 of 2017, Salaries

Substitute:

The base salary component of pay point one of Schedule B.1 Part 3, Senior officer salary rates.

See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.1, Senior officer salary rates

29 Section 4.8.5 (Member this Division applies to), cross reference note Omit the note, substitute:

See: DFRT Determination No. 2 of 2017, Salaries, Schedule B.12, Other rank salary rates

30 Subsection 4.8.7.1 (Rate of benefit), cross reference note Omit "Chapter 3 Part 1", substitute "DFRT Determination No. 2 of 2017, Salaries".

31 Section 4.8.28 (Definitions) Omit "section B.3.2", substitute "section A.1.12".

5 32 Section 4.8.28 (Definitions), cross reference note Omit the note, substitute:

See: DFRT Determination No. 2 of 2017, Salaries Division A.1 section A.1.12, Specialist officers (definitions) Division B.3, Specialist officers

33 Section 5.6.4 (Definitions), definition of salary Omit "clause A.1.5", substitute "section A.1.3.

34 Paragraph 5.10.15.2.a (Effect on remuneration and conditions of service) Omit "subclause A.1.5.7", substitute "subsection A.1.3.7".

35 Subsection 6.5.48.1 (Removal on ceasing continuous full-time service at own request), table item 1, cross reference note Omit the note, substitute:

See: 'Other rank' members are listed in DFRT Determination No. 2 of 2017, Salaries, Part A Division 1 section A.1.9, General (definitions)

36 Subsection 15.2.7.2 (Disposable income for ADF members), table item 10 Omit "DFRT No. 15 of 2008", substitute "DFRT No. 2 of 2017".

6 EXPLANATORY STATEMENT Defence Determination 2017/12

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.

For the purpose of adopting Defence Force Remuneration Tribunal (DFRT) determinations, being instruments other than a legislative instrument, section 58B(1A) of the Defence Act provides a contrary intention to section 14(2) of the Legislation Act 2003. Section 58B(1A) of the Defence Act permits DFRT determinations, as in force from time to time, being adopted in this determination in accordance with section 14(1)(b) of the Legislation Act 2003.

This Determination amends the following Chapters of the Principal Determination.

 Chapter 1 sets out provisions dealing with definitions and interpretation of concepts relevant to pay and conditions for members of the Australian Defence Force (ADF).

 Chapter 3 sets out provisions dealing with salaries and bonuses for members of the ADF.

 Chapter 4 sets out provisions dealing with allowances and reimbursements for members of the ADF.

 Chapter 5 sets out provisions dealing with leave for members of the ADF.

 Chapter 6 sets out provisions dealing with relocations on posting in Australia for members of the ADF.

 Chapter 15 sets out provisions dealing with living and working on long-term posting overseas for members of the ADF.

This Determination has the following purposes.

 It makes consequential amendments to the Principal Determination resulting from changes made by DFRT Determination No. 1 of 2017, Defence Force Remuneration Tribunal Determinations – amendments. No. 1 of 2017 amends DFRT Determination No. 15 of 2008, Salaries, and DFRT Determination No. 11 of 2013, ADF Allowances. The rules relating to the payment and non payment of salary and salary related allowances are to be made under section 58H of the Defence Act, however, a number of these rules have been previously provided under the Principal Determination made under section 58B of the Defence Act. These rules have been moved to the Salaries and ADF Allowances determinations to provide greater certainty when dealing with the administration and payment of salary and allowances determined by the DFRT.

 It makes consequential amendments to the Principal Determination resulting from the implementation of a new DFRT Principal Determination, DFRT Determination No. 2 of 2017, Salaries, which sets out the provisions for salary for members of the Australian Defence Force. This new Principal Determination replaces DFRT Determination No. 15 of 2008, Salaries, as amended.

Section 1 provides that this Determination is named Defence Determination 2017/12, Salaries – consequential, and sets out the manner in which this Determination may be cited.

Section 2 of this Determination provides that sections 1 to 5 and Schedule 1 of the Determination commence on 3 April 2017, and Schedule 2 of the Determination commences on 4 April 2017.

Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903. Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 makes the following changes to the Principal Determination consequential to DFRT Determination No. 1 of 2017, Defence Force Remuneration Tribunal Determinations – amendments.

 Sections 1 and 2 amend section 1.3.16 of the Principal Determination, which sets out the definition of 'daily rate'. Section 1 amends the reference to section 3.2.7 by amending the title of that section, as substituted by section 10 of Schedule 1. Section 2 amends the reference for the calculation of a daily rate of an allowance determined by the DFRT to section A.1.7 of DFRT Determination No. 11 of 2013, ADF Allowances.

 Section 3 substitutes section 1.3.25 of the Principal Determination, which sets out the definition of 'fortnightly rate'. Section 1.3.25 is being amended to reflect changes made to section 3.2.7 which has been substituted by section 10 of Schedule 1.

 Section 4 substitutes section 1.3.67 of the Principal Determination, which sets out the definition of 'Reserve service'. The definition is being amended to reflect the terminology used in section 27 of the Defence Regulation 2016. Provisions relating to the payment of salary for members of the Reserves have been removed from this section as they are now located in clause A.1.5 of DFRT Determination No. 15 of 2008, Salaries. The provisions relating to the application of conditions of service provided under the Principal Determination have been removed as this information is currently provided under section 1.2.2 of the Principal Determination.

 Section 5 inserts a new section 1.3.77A into the Principal Determination to provide a definition of 'unpaid leave'. Clause A.1.8 of DFRT Determination No. 15 of 2008, Salaries, provided that salary is not payable to a member when they are on a period of leave without pay. Since leave without pay is a defined term in the Principal Determination, this provision in clause A.1.8 did not apply to periods of unpaid maternity leave or unpaid parental leave. Clause A.1.8 has been amended by DFRT Determination No. 1 of 2017 to provide that salary is not payable to a member when they are on a period of unpaid leave. To ensure certainty in the application of the rule in clause A.1.8, a definition for 'unpaid leave' has been inserted into the Principal Determination to provide that leave without pay, unpaid maternity leave and unpaid parental leave are forms of unpaid leave.

 Section 6 omits section 3.2.4 from the Principal Determination, which provided the rules for when salary was not payable to a member. These rules are now provided in DFRT Determination No. 15 of 2008, Salaries, and are no longer required in the Principal Determination.

 Sections 7 and 8 amend section 3.2.5 of the Principal Determination, which provides the time for payment of salary for a member. Section 7 amends the title of the section to make it clear that the provision relates to members on continuous full-time service and not just members of the Permanent Forces. Section 8 amends the reference to where the rules are now located in DFRT Determination No. 15 of 2008, Salaries.

 Section 9 substitutes section 3.2.6 of the Principal Determination, which provides the method of payment of salary for a member on continuous full-time service. The former subsection 3.2.6.2 is now subsection 3.2.6.1. A new subsection 3.2.6.2 provides that the payment of salary will be made by electronic funds transfer into a financial institution advised by the member. The former subsection 3.2.6.1, which provided that salary is worked out based on a seven day week, has been omitted from the section as this provision is included in section A.1.5 of DFRT Determination No. 15 of 2008, Salaries.

 Section 10 substitutes section 3.2.7 of the Principal Determination, which provides the calculation and pro rating of salary and allowances. Section 3.2.7 has been amended to remove the rules for the calculation of salary and allowances made under section 58H of the Defence Act; these rules are now provided by section A.1.5 of DFRT Determination No. 15 of 2008, Salaries, and section A.1.7 of DFRT Determination No. 11 of 2013, ADF Allowances, respectively. The rules relating to the calculation of the fortnightly rate of allowances provided under the Principal Determination have been retained.  Section 11 omits section 3.2.11 from the Principal Determination, which provided the eligibility rules for the payment of salary for a member on Reserve service. These rules are now more appropriately provided under section A.1.9 of DFRT Determination No. 15 of 2008, Salaries, and are no longer required in the Principal Determination.

 Sections 12, 13, 17, 23 and 26 amend a number of sections in the Principal Determination. These sections amend references consequential to the rules being removed from the Principal Determination and being provided in DFRT Determination No. 15 of 2008, Salaries.

 Sections 14 and 15 amend section 3.2.17 of the Principal Determination, which provides the method of payment of salary for a member on Reserve service. Section 15 amends the title of the section by replacing the word 'frequency' with 'method', this change is to make it consistent with section 3.2.6 for members on continuous full-time service. Section 16 inserts a new subsection 3.2.17.3 to provide that the payment of salary will be made by electronic funds transfer into a financial institution advised by the member. This rule was previously provided in section 3.2.17A which has been omitted by section 16 of this Schedule.

 Section 16 omits section 3.2.17A from the Principal Determination which provided the method of payment of salary and allowances to a member of the Reserves. This provision is now provided under subsection 3.2.17.3.

 Section 18 amends a cross reference in section 4.1.20 of the Principal Determination, which provides the payment of higher duties. The cross reference is being amended to reflect the change in the title of the section made by section 10 of this Schedule.

 Section 19 inserts a new section 5.1.2A into the Principal Determination, which sets out that allowances may be paid during a period of leave. The rules are subject to the conditions set out in the provisions for the allowances.

 Section 20 substitutes section 5.4.37 of the Principal Determination, which provides for the payment of allowances during a period of recreation leave. The section has been amended to remove the list of allowances provided under DFRT Determination No. 11 of 2013, ADF Allowances. The rules relating to the payment of these allowances during a period of recreation leave are now provided by section A.1.7 of DFRT Determination No. 11 of 2013. The rule for the payment of other allowances during a period of recreation leave has been relocated to a general rule under section 5.1.2A, inserted by section 19 of this Schedule. The remaining rules in the section have remained unchanged.

 Sections 21 and 22 amend section 5.5.23 of the Principal Determination, which provides for the payment of allowances during a period of long service leave. Section 21 substitutes subsection 5.5.23.1 to remove the list of allowances provided under DFRT Determination No. 11 of 2013, ADF Allowances. The rules relating to the payment of these allowances during a period of long service leave are now more appropriately provided by section A.1.7 of DFRT Determination No. 11 of 2013. Section 22 amends subsection 5.5.23.2 to remove reference to the list that has been omitted from subsection 5.5.23.1.

 Section 24 substitutes section 5.8.8 of the Principal Determination, which provides for the payment of salary during a period of war service leave. The section has been amended to include a reference to the general rule under section 5.1.2A for the payment of salary and allowances during leave, which has been inserted by section 19 of this Schedule. The title of the section has also been amended to better reflect the rules provided in the section.

 Sections 25 and 26 amend cross references in subsection 5.8.9.2 and subsection 5.8.10.2, respectively, of the Principal Determination. The cross references refer to the provisions for salary and allowances payable during a period of war service leave or when the member receives payment instead of war service leave. The rules for the payment of salary and allowances during a period of leave are now provided under section 5.1.2A, inserted by section 19 of this Schedule.  Section 27 omits section 5.9.6 from the Principal Determination, which provided for the payment of salary and allowances during a period of other leave with pay. These rules are now more appropriately provided by clause A.1.5 of DFRT Determination No. 15 of 2008, Salaries, section A.1.7 of DFRT Determination No. 11 of 2013, ADF Allowances, and section 5.1.2A of the Principal Determination and are no longer required in the Principal Determination.

 Section 28 amends the note in section 5.10.26 of the Principal Determination, which sets out the effect a period of part-time leave without pay has on salary increments. The note is being amended to change the title of section 3.2.7, as substituted by section 10 of this Schedule.

Schedule 2 amends the Principal Determination consequential to the commencement of DFRT Determination No. 2 of 2017, Salaries, which is the new DFRT Principal Determination that authorises salary for members of the Permanent Forces and the Reserves. The sections within Schedule 2 substitute all references to the former salaries Principal Determination — DFRT Determination No. 15 of 2008, Salaries, with references to the new salaries Principal Determination — DFRT Determination No. 2 of 2017, Salaries.

Consultation

The Defence Force Remuneration Tribunal was consulted in relation to this Determination.

Authority: Section 58B of the Defence Act 1903 Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Determination 2017/12, Salaries – consequential

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

This Determination has the following purposes.

 It makes consequential amendments to the Principal Determination resulting from changes made by DFRT Determination No. 1 of 2017, Defence Force Remuneration Tribunal Determinations – amendments. No. 1 of 2017 amends DFRT Determination No. 15 of 2008, Salaries, and DFRT Determination No. 11 of 2013, ADF Allowances. The rules relating to the payment and non payment of salary and salary related allowances are to be made under section 58H of the Defence Act, however, a number of these rules have been provided under the Principal Determination made under section 58B of the Defence Act. These rules have been moved to the Salaries and ADF Allowances determinations to provide greater certainty when dealing with the administration and payment of salary and allowances determined by the DFRT.

 It makes consequential amendments to the Principal Determination resulting from the implementation of a new DFRT Principal Determination, DFRT Determination No. 2 of 2017, Salaries, which sets out the provisions for salary for members of the Australian Defence Force. This new Principal Determination replaces Defence Force Remuneration Tribunal Determination No. 15 of 2008, Salaries, as amended.

Human rights implications

This Determination does not engage any applicable rights or freedoms. It simply aligns the Principal Determination and references consequential to the changes made by the following Defence Force Remuneration Tribunal Determinations.

 DFRT Determination No. 1 of 2017, Defence Force Remuneration Tribunal Determinations – amendments, commencing 3 April 2017.

 DFRT Determination No. 2 of 2017, Salaries, commencing 4 April 2017.

Some provisions which relate to the payment and non-payment of salary and allowances made under section 58H of the Defence Act have been removed from the Principal Determination. These rules are more appropriately made under section 58H of the Defence Act and not under section 58B of the Defence Act. The removal of these provisions will not affect the rights of the member as these rules are now provided in the DFRT Salaries Principal Determination made under section 58H of the Defence Act.

Conclusion

This Determination is compatible with human rights because it does not engage any applicable human rights or freedoms.

Phillip John Hoglin, Acting Assistant Secretary People Policy and Employment Conditions