Defence Determination 2010/19
I, PETER ARTHUR ELLIS BAVINGTON, Acting Director General Personnel Policy and Employment
Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 28 April 2010
P A E BAVINGTON
Acting Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group
Ref952
1
Citation
This Determination is Defence Determination 2010/19, International campaign allowance –
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
Subparagraph 17.9.21.2.a (Definitions), table item 2a
omit
The area bounded by 35 degrees east longitude, 12 degrees north latitude, 81 degrees east
longitude and 48 degrees north latitude
insert
The area bounded by 32 degrees east longitude, 5 degrees south latitude, 78 degrees east
longitude and 39 degrees north latitude
5
Annex 17.9.B (International campaign allowance – ADF contribution to the
US-led military response to international terrorism)
substitute
the Annex set out in the Attachment
6
Transitional
1.
A member is eligible for payment under this clause if they met both of the following
conditions on any day during the period 31 July 2009 to 27 April 2010.
a.
The member was deployed to the US-led military response to international terrorism.
b.
The member satisfies both the following conditions.
i.
The member was assigned for duty in the area 32 degrees east longitude,
5 degrees south latitude, 78 degrees east longitude and 39 degrees north
latitude.
Note: This refers to the specified area for international campaign allowance
from 28 April 2010.
ii.
The member was not eligible for international campaign allowance for duty
performed while assigned for duty in the area 35 degrees east longitude,
12 degrees north latitude, 81 degrees east longitude and 48 degrees north
latitude.
Note: This refers to the specified area for international campaign allowance
before 28 April 2010.
2
2.
The payment is calculated using the following table.
Step
1.
3.
Action
Calculate the number of days the member met the conditions in subparagraph 1.b.
The days must be between 30 July 2009 and 27 April 2010 inclusive.
Find the current rate for the location in clause 17.9.25 of Defence Determination
2005/15, Conditions of Service.
Multiply the outcome of Step 1 by the outcome of Step 2.
4.
The member is entitled to the amount calculated in Step 3.
2.
3.
The amount is not reduced by any day for which the member was already paid international
campaign allowance for service in the area described in subparagraph 1.b.ii before 27 April
2010.
Example: A member was in a specified area for three weeks in August 2009 and was paid
international campaign allowance. In February 2010 the member moved for two weeks to an
area that is now in an area eligible for a payment under this clause. The member is now
entitled to two weeks payment as they meet the requirements of eligibility for payment. The
member is still entitled to the three weeks payment in August 2009. They do not have to pay
back any amount.
NOTE
1.
Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determinations 2010/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and
18.
3
ATTACHMENT
Annex 17.9.B: International campaign allowance –
ADF contribution to the US-led military response to international terrorism
EXPLANATORY STATEMENT
Defence Determination 2010/19
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 17 of the Principal
Determination sets out provisions dealing with warlike and non-warlike deployments for members of the
Australian Defence Force (ADF) and Australian Public Service (APS) employees.
The purpose of this Determination is to modify the specified area for international campaign allowance.
This also provides for a transitional payment to members located in the specified areas in clause 6 of this
Determination.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination provides this 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.
Clause 4 amends subparagraph 17.9.21.2.a of the Principal Determination. This alters the latitude and
longitude and increases the specified area in which international campaign allowance may be paid for the
US-led military response to international terrorism.
Clause 5 substitutes Annex 17.9.B of the Principal Determination. The revised Annex provides a map of
the specified area in which international campaign allowance may be paid for the US-led military
response to international terrorism. This reflects the changes made in clause 4.
Clause 6 provides a transitional payment. This payment applies to a member who was located in a
specified geographical location between 31 July 2009 and 27 April 2010. The specified geographical
location is the new area for the payment of international campaign allowance but the payment excludes
amounts already paid for service in the former area prescribed for payment of the allowance. This
prevents any double payment for the period. The payment reflects changes made in clause 4 of this
Determination.
An eligible member is to be paid a transitional payment calculated using the rates of international
campaign allowance in clause 17.9.25 of the Principal Determination.
The retrospective effect of the transitional provision in this Determination does not affect the rights of a
person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any
liability on such person.
Authority: Section 58B of the
Defence Act 1903