Defence Determination 2010/7
I, BRIAN GARY PAULE, Director General Personnel Policy and Employment Conditions, make this
Determination under section 58B of the Defence Act 1903.
Dated 22 February 2010
B G PAULE
Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group
Ref943
1
Citation
This Determination is Defence Determination 2010/7, Recreation and long service leave –
amendment.
2
Commencement
This Determination commences on the day it is signed.
3
Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set
out in this Determination.
4
Subclause 5.2.32.4 (Payment instead of recreation leave), table
omit
Exceptions: Uniform allowance, rent allowance.
insert
Exceptions: Uniform allowance, rent allowance, executive vehicle allowance.
5
Paragraph 5.3.15.2.a (Prior service)
omit
If it was a break between two periods of ADF service, and was due to illness
insert
If the previous period of service or employment was ceased due to illness.
6
Paragraph 5.3.26.4.b (Payment instead of long service leave), exceptions
omit
hardship allowance and rent allowance
insert
hardship allowance, rent allowance and executive vehicle allowance
NOTE
1.
Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determinations 2010/1, 2, 3, 4, 5 and 6.
2
EXPLANATORY STATEMENT
Defence Determination 2010/7
This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal
Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter 5 of the Principal
Determination sets out provisions dealing with leave for members of the Australian Defence Force (ADF).
The purpose of this Determination is to amend the provisions for recreation leave and long service leave.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination provides that the Determination commences on the day it is made, as
provided by subsection 58B(4) of the Act.
Clause 3 specifies that the amendment is made to the Principal Determination, as amended.
Clauses 4 and 6 amend the exceptions in subclause 5.2.32.4 and in paragraph 5.3.26.4.b, respectively,
of the Principal Determination. These amendments include executive vehicle allowance as an allowance
that is not part of a payment made in lieu of either recreation leave or long service leave.
Clause 5 amends paragraph 5.3.15.2.a of the Principal Determination. Clause 5.3.15 of the Principal
Determination provides for the recognition of prior service for the accrual of long service leave under the
Long Service Leave (Commonwealth Employees) Act 1976. Subclause 2 provides that a break of more
than two years between periods of service cannot be recognised for long service leave unless the break
was for one of two reasons which are listed in paragraphs 2.a and 2.b. Paragraph 2.a is being amended
to clarify that the member must have ceased their previous period of service or employment because of
illness to allow this period to be recognised for the accrual of long service leave. This change reflects the
policy in the Long Service Leave (Commonwealth Employees) Act 1976.
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.
Authority: Section 58B of the
Defence Act 1903