UNCONTROLLED IF PRINTED MILPERSMAN MILITARY PERSONNEL POLICY MANUAL The Military Personnel Policy Manual (MILPERSMAN) is issued for use by Defence personnel and is effective from the date of publication. We have authorised this manual on advice from Deputy Secretary Defence People as our principal adviser on all aspects of military personnel policy. Dennis Richardson Secretary Department of Defence CANBERRA ACT 2600 October 2013 Sponsor: Deputy Secretary Defence People Sponsor contact: Directorate of Military People Policy Effective Date: 14 October 2013 Review Date: 14 October 2018 Cancelled Documents: Nil D.J. HURLEY General Chief of the Defence Force UNCONTROLLED IF PRINTED © Commonwealth of Australia 2013 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Australian Government Department of Defence. Announcement statement—may be announced to the public. Secondary release—may be released to the public. All Defence information, whether classified or not, is protected from unauthorised disclosure under the Crimes Act 1914. Defence information may only be released in accordance with the Defence Security Manual and/or Defence Instruction (General) OPS 13–4—Release of Classified Defence Information to Other Countries, as appropriate. Military Personnel Policy Manual First edition 2013 Publisher Defence Publishing Service Department of Defence CANBERRA ACT 2600 Defence Publishing Service DPS: October/2013 UNCONTROLLED IF PRINTED MILPERSMAN iii FOREWORD 1. The provision of sufficient, capable and motivated Defence members is at the core of the Australian Defence Force’s ability to deliver capability and meet the expectations of the Australian Government and people. To achieve this, it is important that Defence members are able to understand their terms and conditions of service, how Defence members are managed, and what Defence members can expect from their Service. 2. To manage Defence members successfully, it is important that personnel policy and processes accurately reflect Government legislation and policy and that commanders and supervisors have access to this information so they are best able to lead and manage their personnel. 3. It is intended that over time, this Manual will replace a number of Defence Instructions (General) and other policy advice, thereby providing commanders and supervisors with the definitive source of personnel policy advice that governs the management of Defence members. 4. Users should take care to access the latest version of this Manual to ensure that the information they seek is current. Any printed extracts may become invalid after they are printed. 5. The aim of this Manual is to provide guidance and advice to all Defence personnel on the complex subject of personnel management of Defence members. UNCONTROLLED IF PRINTED MILPERSMAN v AMENDMENT CERTIFICATE Amendment Effected No Date Signature Date AL1 14 Nov 13 14 Nov 13 AL2 20 Nov 13 20 Nov 13 AL3 5 Dec 13 5 Dec 13 AL4 19 Feb 14 19 Feb 14 AL5 20 Mar 14 20 Mar 14 UNCONTROLLED IF PRINTED MILPERSMAN vii CONTENTS Page iii v vii Foreword Amendment Certificate Contents Paragraph PART 1—PRELIMINARIES CHAPTER 1 MILITARY PERSONNEL POLICY MANUAL INTRODUCTION POLICY STATEMENT SCOPE DEFINITIONS SPONSORSHIP AUTHORISATIONS ROLES AND RESPONSIBILITIES STRUCTURE AND RELEASE DATES IMPLEMENTATION MONITORING AND REPORTING RELATED PUBLICATIONS RELATED LEGISLATION CHAPTER 2 RELEASE AND REVIEW DATES FOR MILITARY PERSONNEL POLICY MANUAL CHAPTER 3 MILITARY PERSONNEL POLICY MANUAL GLOSSARY OF COMMON TERMS PART 2—ENTRY AND RE-ENTRY CHAPTER 1 INHERENT REQUIREMENTS OF SERVICE IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION POLICY STATEMENT SCOPE ROLES AND RESPONSIBILITIES REQUIREMENTS OF SERVICE Nationality Service obligations Command and discipline Workplace behaviour Unrestricted service Regulation of lifestyle Dress and grooming standards Employment opportunity Individual Readiness Medical and physical fitness Military and trade skills Postings and deployments Operational service Employment in off-duty hours Political activities Annex: A. Related Legislation, Instructions, Orders and Publications AL1 1.7 1.11 1.17 1.21 1.27 1.28 1.40 1.43 1.45 1.47 1.50 1.51 1.53 1.57 1.58 UNCONTROLLED IF PRINTED MILPERSMAN viii CHAPTER 2 CITIZENSHIP REQUIREMENTS FOR ENTRY TO AND SERVICE IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION CHAPTER 3 ENGAGEMENT OF MEMBERS OF THE AUSTRALIAN DEFENCE FORCE RESERVES TO RENDER CONTINUOUS FULL–TIME SERVICE INTRODUCTION POLICY STATEMENT SCOPE DEFINITIONS ENGAGEMENT TO RENDER CONTINUOUS FULL–TIME SERVICE CONTINUOUS FULL–TIME SERVICE FOLLOWING A CALL–OUT VOLUNTARY CONTINUOUS FULL–TIME SERVICE Conflict of interest and post-separation employment Protected voluntary continuous full-time service Unprotected voluntary continuous full-time service Formal request Third parties Early termination Administration Annexes: A. Protections available in relation to Australian Defence Force Reserves B. Flow diagram for voluntary continuous full–time service applications C. Voluntary continuous full–time service examples D. Form letter to third parties advising of intention to engage member to render continuous full–time service E. Form letter to third parties advising of intention to engage member to render continuous full–time service without providing an opportunity for a third party to raise objections F. Form letter to third parties advising of final decision to engage member to render continuous full–time service G. Form letter to third parties advising of final decision not to engage member to render continuous full–time service H. Statement of private and financial interests Australian Defence Force personnel AL1 3.21 3.24 3.26 3.27 3.28 3.37 3.41 UNCONTROLLED IF PRINTED MILPERSMAN ix PART 3—MEDICAL AND PHYSICAL EMPLOYMENT STANDARDS CHAPTER 1 AUSTRALIAN DEFENCE FORCE POLICY ON INDIVIDUAL READINESS INTRODUCTION CHAPTER 2 AUSTRALIAN DEFENCE FORCE MEDICAL EMPLOYMENT CLASSIFICATION SYSTEM INTRODUCTION POLICY STATEMENT DEFINITIONS SCOPE ROLES AND RESPONSIBILITIES MEDICAL EMPLOYMENT CLASSIFICATIONS Primacy of Medical Employment Classification Privacy Medical Employment Classification Groups and Sub-classifications Medical Employment Classification 1—Fully Employable and Deployable Medical Employment Classification 2—Employable and Deployable with Restrictions Medical Employment Classification 3—Rehabilitation Medical Employment Classification 4—Employment Transition Medical Employment Classification 5—Medically Unfit for Further Service Specialist Employment Classification Australian Defence Force Individual Readiness Air and sea transit 2.18 2.21 2.25 2.27 2.28 2.35 2.38 2.42 2.45 2.47 2.48 ALLOCATION AND REVIEW OF MEDICAL EMPLOYMENT CLASSIFICATION Allocation Medical Employment Classification Review 2.51 2.57 MEDICAL EMPLOYMENT CLASSIFICATION REVIEW BOARD Referral to a Medical Employment Classification Review Board Medical Employment Classification Review Board membership Conduct of a Medical Employment Classification Review Board Medical Employment Classification Review Board Review Communication 2.67 2.73 2.74 2.80 2.82 PERSONNEL MANAGEMENT Change in employment environment Employment restrictions Risk management 2.87 2.88 2.92 SEPARATION Other considerations 2.99 REPRESENTATION Related publications 2.111 Annexes: A. Definitions B. Medical Employment Classification—descriptions, employment and career management considerations C. Specialist Employment Classification Table D. Medical Employment Classification Review Board conduct and review flow chart E. Medical Employment Classification Review Board Conduct—Consideration of Information UNCONTROLLED IF PRINTED MILPERSMAN x PART 4—ALCOHOL AND PROHIBITED SUBSTANCES CHAPTER 1 MISUSE OF ALCOHOL IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION CHAPTER 2 ALCOHOL TESTING IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION CHAPTER 3 MANAGEMENT OF THE USE OR INVOLVEMENT WITH PROHIBITED SUBSTANCES IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION PART 5—PERFORMANCE APPRAISAL AND PROMOTION CHAPTER 1 APPRAISAL AND DEVELOPMENT REPORTING OF EXECUTIVE AND SENIOR EXECUTIVE OFFICERS IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION CHAPTER 2 PERFORMANCE APPRAISAL REPORTING IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION CHAPTER 3 PROMOTION IN THE AUSTRALIAN DEFENCE FORCE—PROVISIONAL, TEMPORARY AND LIMITED TENURE PROMOTION AND HONORARY RANK INTRODUCTION PART 6—POSTINGS CHAPTER 1 AUSTRALIAN DEFENCE FORCE POSTING POLICY FOR INTER–SERVICE COUPLES INTRODUCTION CHAPTER 2 EXCHANGE AND SECONDMENT OF AUSTRALIAN DEFENCE FORCE PERSONNEL WITH NON–DEFENCE ORGANISATIONS INTRODUCTION CHAPTER 3 APPOINTMENTS TO THE STAFFS OF THE GOVERNOR–GENERAL, STATE GOVERNORS AND TERRITORY ADMINISTRATORS INTRODUCTION POLICY STATEMENT SCOPE ROLES AND RESPONSIBILITIES AIDES–DE–CAMP TO THE GOVERNOR–GENERAL Full-time Aide-de-Camp Honorary Aide-de-Camp AIDES–DE–CAMP TO STATE GOVERNORS AND TERRITORY ADMINISTRATORS RELATED POLICY AND PUBLICATIONS Annex: A. Duty Statement—Aides–de–Camp to the Governor–General 3.7 3.10 UNCONTROLLED IF PRINTED MILPERSMAN xi CHAPTER 4 EMPLOYMENT OF IMMEDIATE FAMILY MEMBERS IN THE SAME CHAIN OF COMMAND AND/OR WORKING ENVIRONMENT INTRODUCTION PART 7—NON–FINANCIAL EMPLOYMENT CONDITIONS CHAPTER 1 POLITICAL ACTIVITIES OF DEFENCE PERSONNEL INTRODUCTION CHAPTER 2 ELECTIONS AND VOTING BY MEMBERS OF THE AUSTRALIAN DEFENCE FORCE INTRODUCTION CHAPTER 3 EMPLOYMENT AND VOLUNTARY ACTIVITIES OF AUSTRALIAN DEFENCE FORCE MEMBERS IN OFF–DUTY HOURS INTRODUCTION CHAPTER 4 ARRANGEMENTS FOR SERVICE IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION POLICY STATEMENT DEFINITIONS AUTHORITY ROLES AND RESPONSIBILITIES APPOINTMENT TO AND ENLISTMENT IN THE AUSTRALIAN DEFENCE FORCE Appointment of Officers Enlistment 4.7 4.13 ARRANGEMENTS AND OBLIGATIONS Initial Minimum Period of Service and Return of Service Obligation 4.18 VOLUNTARY ALTERATION OF PERIOD OF SERVICE RETIREMENT AGES COMPULSORY TRANSFER TO THE STANDBY RESERVE RELATED PUBLICATIONS AND LEGISLATION CHAPTER 5 MANAGEMENT AND ADMINISTRATION OF AUSTRALIAN DEFENCE FORCE MEMBERS UNDER 18 YEARS OF AGE INTRODUCTION UNCONTROLLED IF PRINTED MILPERSMAN xii CHAPTER 6 FLEXIBLE WORK ARRANGEMENTS FOR MEMBERS OF THE AUSTRALIAN DEFENCE FORCE INTRODUCTION POLICY STATEMENT DEFINITIONS IMPLEMENTATION FLEXIBLE WORK ARRANGEMENTS GUIDING PRINCIPLES ROLES AND RESPONSIBILITIES Defence members Commanding Officers/supervisors Units Career Management Agency/Personnel Management Agency Directorate of Military Personnel Policy 6.11 6.12 6.13 6.14 6.15 APPROVING AUTHORITIES AND APPLICATION PROCESS COMMON EMPLOYMENT CONDITIONS SPECIFIC TEMPORARY HOME LOCATED WORK CONDITIONS SPECIFIC PART–TIME LEAVE WITHOUT PAY EMPLOYMENT CONDITIONS AND REMUNERATION RELATED PUBLICATIONS AND LEGISLATION Annexes: A. Definitions and abbreviations B. Part–time Leave Without Pay application and approval process C. Defence member and Unit Management considerations when negotiating flexible work arrangements D. Form AE 406—ADF Application for flexible Work CHAPTER 7 VOLUNTARY UNPAID DUTY INTRODUCTION CHAPTER 8 DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001—POLICY AND PROCEDURES FOR COMPLAINT RESOLUTION INTRODUCTION CHAPTER 9 DISCLOSURE OF PERSONAL INFORMATION TO THE DEPARTMENT OF VETERANS’ AFFAIRS AND COMSUPER INTRODUCTION SCOPE POLICY STATEMENT DEFINTIONS NOTIFICATION TO DEPARTMENT OF VETERANS’ AFFAIRS AND COMSUPER Circumstances where Department of Veterans’ Affairs is to be notified Circumstances where ComSuper is to be notified Information to be disclosed Address for notification Timing of notification Relationship to claims under the relevant legislation 9.6 9.7 9.8 9.11 9.13 9.15 RESPONSIBILITIES Service Chiefs Director-General Defence Community Organisation 9.17 9.19 AL4 UNCONTROLLED IF PRINTED MILPERSMAN xiii EXPECTED OUTCOME OF NOTIFICATION PRIVACY Gaining access to personal information Complaints process 9.22 9.26 RELATING POLICIES AND DOCUMENTS PART 8—DEVELOPMENT CHAPTER 1 GRADUATE MEDICAL SCHEME INTRODUCTION CHAPTER 2 PRINCE OF WALES AWARDS INTRODUCTION POLICY STATEMENT SCOPE DEFINITIONS OVERVIEW ROLES AND RESPONSIBILITIES Delegations Award allocation Military secondment 2.12 2.15 2.19 ELIGIBILITY Criteria Promotion Employment Transfer to the Permanent Forces 2.22 2.23 2.25 2.27 APPLICATION AND SELECTION Application process Selection committee Assessment criteria Selection process 2.30 2.32 2.33 2.34 IMPLEMENTATION General Annual schedule Awards presentation Resources 2.35 2.37 2.38 2.39 ADMINISTRATION Funding Duty status Post-activity reporting Additional information 2.42 2.44 2.47 2.48 Annexes: A. Applicant application procedure B. Prince of Wales Award—Indicative Schedule B AL4 UNCONTROLLED IF PRINTED MILPERSMAN xiv CHAPTER 3 TASMAN SCHEME INTRODUCTION POLICY STATEMENT SCOPE DEFINITIONS OVERVIEW ROLES AND RESPONSIBILITIES Delegations Award allocation 3.11 3.14 ELIGIBILITY Criteria Promotion Transfer to the Permanent Forces 3.17 3.18 3.20 APPLICATION AND SELECTION Nomination process Selection committee Assessment criteria Selection process 3.22 3.24 3.25 3.26 IMPLEMENTATION General Annual schedule Awards presentation 3.27 3.29 3.31 ADMINISTRATION Funding Duty status Post-activity reporting Additional Information 3.32 3.35 3.38 3.40 Annexes: A. Nomination procedure B. Tasman Scheme: Indicative Schedule PART 9—DISCIPLINE CHAPTER 1 FORMAL WARNINGS AND CENSURES IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION CHAPTER 2 CORRECTIVE TRAINING INTRODUCTION UNCONTROLLED IF PRINTED MILPERSMAN xv PART 10—TRANSFERS/RESIGNATIONS/SEPARATIONS CHAPTER 1 VOLUNTARY TRANSFER OF PERSONNEL BETWEEN THE SERVICES INTRODUCTION POLICY STATEMENT SCOPE DEFINITIONS LEGAL AUTHORITY ROLES AND RESPONSIBILITIES POLICY GUIDELINES PROCEDURES APPLICATIONS FOR APPOINTMENT OR ENLISTMENT IN ANOTHER SERVICE Publications and related policy Annexes: A. Procedures of transfer of Defence members between the Services B. Instrument of Transfer of (insert rank and name) to the (insert gaining Service) pursuant to section (insert appropriate Legislative authority) CHAPTER 2 AUSTRALIAN DEFENCE FORCE OFFICERS NOTIFICATION OF INTENTION TO RESIGN OR TRANSFER TO ANOTHER SERVICE OR RESERVES INTRODUCTION CHAPTER 3 OBLIGATIONS OF OFFICER CADETS RESIGNING FROM THE AUSTRALIAN DEFENCE FORCE ACADEMY (DEFENCE ACADEMY) INTRODUCTION 1.28 UNCONTROLLED IF PRINTED MILPERSMAN xvi CHAPTER 4 TERMINATION OF SERVICE IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION POLICY STATEMENT SCOPE DEFINITIONS AUTHORITY TERMINATION OF SERVICE Grounds for termination of service of officers Grounds for termination of service of enlisted members Process for terminating the service of Defence members under Regulations 85 and 87 Other grounds for termination of service of Defence members Termination of service where appointed or enlisted provisionally Termination of officer appointed on probation Termination of temporary appointment Termination of service in the Standby Reserve Termination of service when becoming a permanent resident of another country Termination of service during redundancy Termination of service for absence without leave Process for terminating the service of Defence members under the other grounds Special cases of termination of service Form and date of effect of termination of service Entitlements following termination of service 4.6 4.7 4.8 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.21 4.22 4.28 4.30 4.34 TERMINATION DECISIONS AND REDRESS OF GRIEVANCES MANAGEMENT INITIATED EARLY RETIREMENT Special benefit Time not to run during certain periods Related publications Annex: A. Definitions CHAPTER 5 NOTIFICATION OF POST SEPARATION EMPLOYMENT INTRODUCTION CHAPTER 6 MANAGEMENT OF AUSTRALIAN DEFENCE FORCE STANDBY RESERVES INTRODUCTION 4.42 4.47 4.48 UNCONTROLLED IF PRINTED MILPERSMAN xvii PART 11—PERSONNEL SUPPORT POLICY CHAPTER 1 COURT OR POLICE ORDERS RESTRICTING ACCESS TO WEAPONS OR FIREARMS BY MEMBERS OF THE AUSTRALIAN DEFENCE FORCE INTRODUCTION POLICY STATEMENT SCOPE DEFINITIONS GUIDING PRINCIPLES ROLES AND RESPONSIBILITIES Responsibilities of the Defence member Responsibilities of the Commander Responsibilities of the Service Police Unit, Stores or Armoury personnel Responsibilities of the Career Management Agency/Personnel Management Agency 1.7 1.11 1.17 1.18 APPLICATION OF COURT OR POLICE ORDERS MADE UNDER A COMMONWEALTH LAW Publications and related policy 1.20 Annex: A. Definitions CHAPTER 2 POLICY FOR PLACING CIVILIAN PREMISES OUT OF BOUNDS OR OFF–LIMITS INTRODUCTION CHAPTER 3 DEFENCE DRIVING LICENCE SCHEME INTRODUCTION CHAPTER 4 GAMBLING IN SERVICE ESTABLISHMENTS AND IN NAVY SHIPS INTRODUCTION CHAPTER 5 ISSUE, WEARING AND REPLACEMENT OF PERSONAL IDENTITY TAGS TO DEFENCE MEMBERS INTRODUCTION POLICY STATEMENT SCOPE DEFINITIONS ROLES AND RESPONSIBILITIES ENTITLEMENT WHEN PERSONAL IDENTITY TAGS ARE TO BE WORN MANDATORY PERSONAL IDENTITY TAG INFORMATION WEARING PERSONAL IDENTITY TAGS REPLACEMENT OF PERSONAL IDENTITY TAGS ACCOUNTING AND ADMINISTRATIVE PROCEDURES FOR PERSONAL IDENTITY TAGS Annex: A. Embossing and assembly of Australian Defence Force Personal Identity Tags UNCONTROLLED IF PRINTED MILPERSMAN xviii CHAPTER 6 ISSUE OF OFFICIAL PASSPORTS AND VISAS TO DEFENCE PERSONNEL INTRODUCTION CHAPTER 7 RECORDING AND USE OF CIVIL SKILLS HELD BY AUSTRALIAN DEFENCE FORCE MEMBERS INTRODUCTION PART 1 PART 1—PRELIMINARIES 1 UNCONTROLLED IF PRINTED MILPERSMAN part 1 CHAPTER 1 MILITARY PERSONNEL POLICY MANUAL INTRODUCTION 1 1.1 1.1 Policy and procedures that govern the administration and management of Defence members are detailed in legislation (Acts and Regulations), Defence Instructions, manuals and many other documents. The Military Personnel Policy Manual (MILPERSMAN) is designed to provide Defence personnel with a primary source document for non-financial personnel policy advice. 1.2 The breadth and complexity of conditions and policies under which Defence members serve are considerable. They are complicated further by the number of organisations responsible for the development and maintenance of Australian Defence Force personnel policy, This Manual will periodically direct the reader to other sources of supporting information and complementary advice. POLICY STATEMENT 1.3 1.3 Strategic reforms, and the need for increased efficiencies, are driving Defence towards a consolidated and shared model for the delivery of Human Resources (HR) advice and support. Instructions and advice in the MILPERSMAN will form a key element in overall HR policy guidance. Commanders and supervisors should consider the guidance contained in this Manual, together with Defence (Personnel) Regulations 2002, Defence Instructions (General) and single-Service instructions and manuals to ensure their non-financial personnel policy understanding is complete. SCOPE 1.4 1.4 All Defence personnel who lead or manage Defence members are to comply with the MILPERSMAN. All Defence personnel have a duty to assist and cooperate with reasonable directions made by their supervisors, regardless of whether the supervisor is a Defence member or Defence employee. DEFINITIONS 1.5 1.5 MILPERSMAN, Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ contains a glossary of common terms while subsequent parts and chapters will include specific definitions as required. SPONSORSHIP 1.6 1.6 The Deputy Secretary Defence People (DEPSEC DP) is the primary sponsor of MILPERSMAN. As single Service and other policy is incorporated into the manual, policy owners will assume the sponsorship role, and attendant responsibility for maintaining the currency of their relevant policies. AUTHORISATIONS 1.7 1.7 DEPSEC DP is authorised to issue and amend as necessary Part 1, Chapter 2—‘Release and review dates for Military Personnel Policy Manual’, Chapter 3 and all Defence People Group-sponsored policy contained in MILPERSMAN in accordance with the System of Defence Instructions and its Manual (SoDIMAN). 1.8 The Service Chiefs, or authorised delegates, and non-Service Groups Band Two, or equivalent officers, are authorised to issue and amend Service/Group specific policy and processes that may be contained in this Manual. UNCONTROLLED IF PRINTED MILPERSMAN part 1 1–2 ROLES AND RESPONSIBILITIES 1.9 1.9 Policy sponsors are responsible for maintaining the accuracy and currency of all their policy and advice in accordance with the SoDIMAN. STRUCTURE AND RELEASE DATES 1.10 1.10 MILPERSMAN comprises parts and chapters broadly set out in subject themes. The structure is set out below: a. Part 1—Preliminaries. b. Part 2—Entry and Re-entry. c. Part 3—Medical and Physical Employment Standards. d. Part 4—Alcohol and Prohibited Substances. e. Part 5—Performance Appraisal and Promotion. f. Part 6—Postings. g. Part 7—Non-financial Employment Conditions. h. Part 8—Development. i. Part 9—Discipline. j. Part 10—Transfers/Resignations/Separations. k. Part 11—Personnel Support Policy. 1.11 MILPERSMAN, Part 1, Chapter 2, details part and chapter release and review dates that apply to this Manual. IMPLEMENTATION 1.12 1.12 Groups and Services should ensure that appropriate arrangements and adequate resourcing are in place to ensure the policy contained in this Manual can be effectively implemented. Where a Group or Service has sponsorship of a policy in this Manual, it is to ensure that currency of the policy is maintained so that it remains accurate. MONITORING AND REPORTING 1.13 1.13 Director-General People Policy and Employment Conditions (DGPPEC) has overall responsibility for monitoring, development and implementation of MILPERSMAN. Under the direction of DGPPEC, the Directorate of Military People Policy (DMPP) will develop the MILPERSMAN and incorporate a number of Defence Instructions. RELATED PUBLICATIONS 1.14 The following publications are referenced in this Manual: a. Defence Instructions (General) as listed in the table of contents. Subsequent parts and chapters will include links to related publications and policy as necessary. 1.14 UNCONTROLLED IF PRINTED MILPERSMAN part 1 1–3 RELATED LEGISLATION 1.15 The following legislation are referenced in this Manual: a. Defence Act 1903; b. Defence (Personnel) Regulations 2002; c. Public Service Act 1999; d. Defence Force Discipline Act 1982; and e. Defence Reserve Service (Protection) Act 2001. Subsequent parts and chapters will include links to related legislation as necessary. Sponsor: DGPPEC (DMPP) 1.15 UNCONTROLLED IF PRINTED MILPERSMAN part 1 CHAPTER 2 RELEASE AND REVIEW DATES FOR MILITARY PERSONNEL POLICY MANUAL Part/Chapter Number Chapter Title Proposed release date Review date Chapter sponsor Part 2, Chapter 1 Inherent requirements of service in the Australian Defence Force (Formerly DI(G) PERS 36–3) 2013 2018 PPEC Part 2, Chapter 2 Citizenship requirements for entry to and 2014 Q2 service in the Australian Defence Force (Formerly DI(G) PERS 33–1) 2019 PPEC Part 2, Chapter 3 Engagement of members of the Australian Defence Force Reserves to render continuous full-time service (Formerly DI(G) PERS 05–33) 2013 2018 PPEC Part 3, Chapter 1 Australian Defence Force policy on individual readiness (Formerly DI(G) PERS 36–2) 2014 Q1 2019 PPEC Part 3, Chapter 2 Australian Defence Force Medical Employment Classification System (Formerly DI(G) PERS 16–15) 2013 2016 PPEC Part 4, Chapter 1 Misuse of Alcohol in the Australian Defence Force (DI(G) PERS 15–1) 2013 Q4 (TBC) 2016 PPEC Part 4, Chapter 2 Alcohol testing in the Australian Defence 2013 Q4 (TBC) 2016 Force (DI(G) PERS 15–4) PPEC Part 4, Chapter 3 Management of the use or involvement with prohibited substances in the Australian Defence Force (DI(G) PERS 15–5) PPEC Part 5, Chapter 1 Appraisal and Development Reporting of 2014 Q1 Executive and Senior Executive Officers in the Australian Defence Force (Formerly DI(G) PERS 37–1) 2019 PPEC Part 5, Chapter 2 Performance Appraisal Reporting in the Australian Defence Force (Formerly DI(G) PERS 10–8) 2014 Q3 2019 PPEC Part 5, Chapter 3 Promotion in the Australian Defence Force—provisional, temporary and Limited Tenure Promotion and honorary rank (Formerly DI(G) PERS 10–7) 2014 Q2 2019 PPEC Part 6, Chapter 1 Australian Defence Force Posting Policy for Inter-Service Couples (Formerly DI(G) PERS 51–1) 2014 Q3 2019 PPEC Part 6, Chapter 2 Exchange and secondment of Australian 2014 Q2 Defence Force personnel with Non-Defence Organisations (Formerly DI(G) PERS 13–4) 2019 PPEC AL2 2013 Q4 (TBC) 2016 2 UNCONTROLLED IF PRINTED MILPERSMAN part 1 2–2 Part/Chapter Number Chapter Title Proposed release date Review date Chapter sponsor Part 6, Chapter 3 Appointments to the Staffs of the Governor-General, State Governors and Territory Administrators (Formerly DI(G) PERS 13–6) 2013 2018 PPEC Part 6, Chapter 4 Employment of immediate family 2012 members in the same chain of command and/or working environment (DI(G) PERS 25–5) 2015 PPEC Part 7, Chapter 1 Political activities of Defence personnel (DI(G) PERS 21–1) 2014 Q2 2017 PPEC Part 7, Chapter 2 Elections and voting by members of the Australian Defence Force (Formerly DI(G) ADMIN 52–1) 2014 Q2 2019 PPEC Part 7, Chapter 3 Employment and voluntary activities of Australian Defence Force members in off-duty hours (Formerly DI(G) PERS 25–2) 2014 Q2 2019 PPEC Part 7, Chapter 4 Arrangements for service in the Australian 2013 Defence Force (Formerly DI(G) PERS 33–5) 2018 PPEC Part 7, Chapter 5 Management and administration of 2014 Q1 Australian Defence Force members under 18 years of age (Formerly DI(G) PERS 33–4) 2018 PPEC Part 7, Chapter 6 Flexible work arrangements for members 2013 Q2 of the Australian Defence Force (Formerly DI(G) PERS 49–4) 2019 PPEC Part 7, Chapter 7 Voluntary unpaid duty 2014 Q2 2019 PPEC Part 7, Chapter 8 Defence Reserve Service (Protection) Act 2001—policy and procedures for complaint resolution (Formerly DI(G) PERS 34–5) 2014 Q4 2019 CRESD Part 8, Chapter 1 Graduate Medical Scheme (Formerly DI(G) PERS 05–18) 2013 Q2 2019 PPEC Part 8, Chapter 2 Prince of Wales Award (Formerly DI(G) PERS 09–1) 2013 2018 CRESD Part 8, Chapter 3 Tasman Scheme (Formerly DI(G) PERS 05–43) 2013 2018 CRESD Part 9, Chapter 1 Formal Warnings and Censures in the Australian Defence Force (Formerly DI(G) PERS 35–6) 2014 Q4 2019 PPEC Part 9, Chapter 2 Corrective Training 2014 Q1 2019 PPEC AL2 UNCONTROLLED IF PRINTED MILPERSMAN part 1 2–3 Part/Chapter Number Chapter Title Proposed release date Review date Chapter sponsor Part 10, Chapter 1 Voluntary transfer of personnel between the Services (Formerly DI(G) PERS 38–1) 2013 2018 PPEC Part 10, Chapter 2 Australian Defence Force officers notification of intention to resign or transfer to another Service or Reserves (Formerly DI(G) PERS 03–1) 2014 Q1 2019 PPEC Part 10, Chapter 3 Obligations of Officer Cadets resigning from the Australian Defence Force Academy (Defence Academy) (Formerly DI(G) PERS 03–2) 2014 Q1 2019 PPEC Part 10, Chapter 4 Termination of service in the Australian Defence Force (Formerly DI(G) PERS 03–4) 2013 2018 PPEC Part 10, Chapter 5 Notification of Post Separation Employment (DI(G) PERS 25–4) 2011 2014 PPEC Part 10, Chapter 6 Management of Australian Defence Force 2014 Q2 Standby Reserves (Formerly DI(G) PERS 05–41) 2019 PPEC Part 11, Chapter 1 Court or police orders restricting access 2013 to weapons or firearms by members of the Australian Defence Force (Formerly DI(G) PERS 12–2) 2018 PPEC Part 11, Chapter 2 Policy for placing civilian premises out of 2014 Q2 bounds or off-limits (Formerly DI(G) PERS 30–1) 2019 PPEC Part 11, Chapter 3 Defence Driving Licence Scheme (Formerly DI(G) PERS 17–2) 2014 Q1 2019 PPEC Part 11, Chapter 4 Gambling in Service establishments and in Navy ships (Formerly DI(G) PERS 30–2) 2013 2018 PPEC Part 11, Chapter 5 Issue, wearing and replacement of Personal Identity Tags to Defence members (Formerly DI(G) PERS 52–2) 2013 2018 PPEC Part 11, Chapter 6 Issue of official passports and Visas to Defence personnel (Formerly DI(G) ADMIN 32–2) 2014 Q2 2019 PPEC Part 11, Chapter 7 Recording and use of civil skills held by 2014 Q1 Australian Defence Force members 2019 CRESD * Q = Quarter AL2 UNCONTROLLED IF PRINTED MILPERSMAN part 1 CHAPTER 3 MILITARY PERSONNEL POLICY MANUAL GLOSSARY OF COMMON TERMS 3 Chain of Command means a direct supervisory or direct reporting relationship. Commanding Officer means: a. b. an officer performing the duties and functions of a commanding officer by virtue of: (1) a direction given by means of a Defence Instruction (Navy), a Defence Instruction (Army) or a Defence Instruction (Air Force); or (2) an order, instruction or directive issued by, or under the authority of, the Chief of the Defence Force or a Service Chief; and an officer whose instrument of appointment authorises the officer to exercise that power. Commander and/or Manager means Commanding Officers, Officers Commanding, Directors and supervisors responsible for the day-to-day management of Defence members. Commanders must be military members. Continuous Full-time Service (CFTS) means Defence service rendered by Reserve members of a continuous nature whilst remaining members of the Australian Defence Force Reserves. Whilst serving their period of CFTS the member is generally entitled to the same remuneration and conditions of service, and subject to the same obligations, laws, regulations and procedures as Permanent Force members. Decision maker means a person authorised to make decisions on arrangements for service in the Australian Defence Force (ADF) (including appointment and enlistment). Decision makers include the Governor-General, Minister for Defence, Chief of the Defence Force and Service Chiefs; or their respective delegate(s) as detailed in the relevant single Service delegations schedules. Defence means the Department of Defence, ADF and the Defence Materiel Organisation. Defence civilian as defined in section three of the Defence Force Discipline Act 1982 (DFDA) means a person (other than a Defence member) who: a. with the authority of an authorised officer as defined in the DFDA, accompanies a part of the ADF that is: outside Australia, or on operations against the enemy, and b. has consented, in writing, to subject themselves to ADF discipline while so accompanying that part of the ADF. Defence employee means a person employed in the Department of Defence under section 22 of the Public Service Act 1999 (the Public Service Act). Defence member as defined in section three of the DFDA means: a. a member of the permanent Navy, the regular Army or the permanent Air Force; or b. a member of the reserves who: is rendering continuous full-time service; or is on duty or in uniform. Defence personnel means all Defence employees, Defence employees engaged locally overseas, Defence civilians, Defence members and the equivalents from other Defence organisations on exchange to Defence. Deployable means a Defence member with the functional capacity to perform the duties of their employment group and the capability of meeting the individual readiness requirements of the individual Service. UNCONTROLLED IF PRINTED MILPERSMAN part 1 3–2 Deployment means warlike or non-warlike service overseas on ADF approved operations by members Force Assigned for duty. In the Maritime environment this includes both Force assigned and non-Force assigned seagoing activities. Enlisted member means a Defence member other than an officer (ie a sailor, soldier or airman). External service provider means a contractor, consultant and/or professional service provider engaged by Defence. Fixed Period of Service means a finite period of service and means a specified or fixed period of appointment for officers or specified or fixed period of enlistment for enlisted members. Immediate Family Member means: a. in relation to the Defence member or Defence civilian: (1) parent, whether biological, legally recognised or step-parent; (2) legal guardian, whether current or former; (3) spouse, whether current or former; (4) a Service-recognised interdependent partner, whether current or former; (5) a bona fide de facto partner, whether current or former; (6) a person with child-rearing responsibilities for the same child; (7) child of any person described in Subparagraph a. above, whether natural, adopted, ex-nuptial, step or foster; (8) a sibling means any child of a person described in this clause, whether natural, half, step, adopted or foster; or (9) a legal ward of a person listed in Subparagraph a. above of the Defence member or Defence civilian. Indefinite Period of Service means an open ended period of appointment for officers or an open ended period of enlistment for enlisted members. Individual Readiness means a prescribed standard of physical, medical and dental fitness used in conjunction with a member’s trade skill, weapons handling ability and availability, to assess a Defence member’s suitability to deploy on operations. Initial Minimum Period of Service (IMPS) means a period of service that Defence members must serve following enlistment or appointment. IMPS periods are determined by Chiefs of Service. Officer means an appointed Defence member who holds the rank of Midshipman or Officer Cadet, or higher. Reservist means a member of the any of the following categories: a. the High Readiness Active Reserve; b. the High Readiness Specialist Reserve; c. the Active Reserve; d. the Specialist Reserve; e. the Standby Reserve; and f. any other categories that the Chief establishes for the Chief’s Service. Return of Service Obligation (ROSO) means a period of service that a Defence member must serve as a consequence of receiving specified training, remuneration, education, experience or undertaking special duties. ROSO periods are determined by the Chiefs of Service. UNCONTROLLED IF PRINTED MILPERSMAN part 1 3–3 Separation means either termination, transfers from the permanent force to the Reserves, and transfers from a category of the Reserves other than the Standby Reserve to the Standby Reserve. Senior Non-commissioned Officer means an enlisted Defence member of Sergeant (E) or above. Service obligation and obligated periods of service are used to collectively refer to either a ROSO or an IMPS. Services means the three arms within the ADF—Australian Navy, Australian Army and Australian Air Force. Termination of service means any action, compulsory or voluntary, that leads to the complete cessation of all forms of ADF service. It includes but is not limited to: a. on reaching the end of a period of service (indefinite—compulsory retirement age or fixed) without an obligation or option to transfer to the Reserves; b. discharge of enlisted members pursuant to the Defence Act 1903; c. termination of officers and enlisted members pursuant to the Defence (Personnel) Regulations 2002 (DPR 2002) and for officers pursuant to the Defence Act 1903; d. dismissal under the Defence Force Discipline Act 1982; e. redundancy pursuant to regulation 83 of the DPR 2002; f. Management Initiated Early Retirement pursuant to regulations 78(2)(b) or 79(2)(b) as applicable; and g. resignation. UNCONTROLLED IF PRINTED MILPERSMAN part 2 CHAPTER 1 INHERENT REQUIREMENTS OF SERVICE IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 1 1.1 1.1 Defence’s mission is to defend Australia and its national interests. This requires Defence to maintain an operationally capable force with high levels of fitness, commitment, efficiency and discipline among members of the Australian Defence Force (Defence members). A Defence member, as defined in section three of the Defence Force Discipline Act 1982 (DFDA) means: a. a member of the permanent Navy, the regular Army or the permanent Air Force; or b. a member of the reserves who: is rendering continuous full-time service; or is on duty or in uniform. 1.2 Certain inherent requirements apply to Defence members and distinguish the profession of arms from civilian employment. POLICY STATEMENT 1.3 1.3 To enable Defence to maintain an operationally capable force, Defence members are required to meet and maintain certain inherent requirements of service. SCOPE 1.4 1.4 This chapter is applicable to all members of the Permanent and Reserve elements of Defence. ROLES AND RESPONSIBILITIES 1.5 1.5 The Defence Force Recruiting Centre Area Managers and commanders of training units are responsible for ensuring that candidates for enlistment/appointment and initial trainees are fully aware of the requirements of Defence service, as detailed in this chapter. REQUIREMENTS OF SERVICE 1.6 The requirements of service, as detailed in this chapter, address the following areas: a. nationality; b. service obligations; c. command and discipline; d. workplace behaviour; e. unrestricted service; f. regulation of lifestyle; g. dress and grooming standards; h. employment opportunity; i. Individual Readiness; j. medical and physical fitness; AL1 1.6 UNCONTROLLED IF PRINTED MILPERSMAN part 2 1–2 k. military and trade skills; l. postings and deployments: m. operational service; n. employment in off-duty hours; and o. political activities. Nationality 1.7 1.7 Defence policy is that individuals joining the Australian Defence Force (ADF) be Australian citizens. This fundamental national identity represents the full and formal membership of the wider community and demonstrates an enduring commitment to, and long-term stake in, the future of Australia. 1.8 Permanent residents who are non-Australian citizens may be eligible for provisional entry to the ADF either through being appointed or enlisted as lateral transfers, or where Defence is satisfied that the applicant clearly intends to become an Australian citizen. Non-citizens are required to satisfy the provisional entry requirements and selection criteria of the appropriate single-Service and all other eligibility requirements including educational, medical, psychological, and security clearances. 1.9 Defence members are required to maintain their Australian citizenship or their service may be terminated in accordance with the Defence (Personnel) Regulations 2002. The Defence member is responsible for notifying their relevant career and people management agency if any circumstance arises whereby the member sees the need to relinquish, or intends to renounce, their Australian citizenship. 1.10 Additional guidance is provided in Military Personnel Policy Manual (MILPERSMAN), Part 2, Chapter 2—‘Citizenship requirements for entry to and service in the Australian Defence Force’ (formerly Defence Instruction (General) (DI(G)) PERS 33–1). Service obligations 1.11 1.11 Initial Minimum Period of Service (IMPS). IMPS is a compulsory condition of service for appointment/enlistment in the ADF which requires the officer/enlisted member to undertake a minimum period of service as provided by the individual Service. This obligation to render a minimum period of service ensures that Defence obtains a reasonable return on its investment considering the significant resources directed towards the recruitment, appointment, enlistment, initial training and ongoing development of Defence members. 1.12 There is a general principle of common service obligations across the Services which does not preclude the relevant single Service imposing different service obligations (for similar occupations groups and training) to meet single-Service requirements. Accordingly, the IMPS obligations may differ across various Defence occupations/career streams. 1.13 Return of Service Obligation (ROSO). ROSO is a condition of service imposed on Defence members who receive specified training, education, experience and remuneration, or who undertake special duties which requires the member to undertake a defined period of service. This obligation to render service may include specific training courses, employment on special duties or a period of service outside Australia, or an appointment outside Australia where individual/family transport to/from Australia is undertaken at the expense of the Commonwealth. 1.14 Detailed advice in relation to IMPS and ROSO can be found in MILPERSMAN, Part 7, Chapter 4—‘Arrangements for service in the Australian Defence Force’ (formerly DI(G) PERS 33–5). 1.15 Standby Reserve obligation. Defence members may be compulsorily transferred to the Standby Reserve at the end of their period of service in the permanent ADF or as an active element of the Reserves, subject to the exceptions outlined in MILPERSMAN Part 7, Chapter 4 (formerly DI(G) PERS 33–5). Notwithstanding the exceptions, all Defence members with satisfactory performance and behaviour are strongly encouraged to apply for transfer to the Standby Reserve at the end of their period of service, in lieu of resignation. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 2 1–3 1.16 Defence members who wish to resign or transfer before the end of the period of service to which they have been appointed or enlisted are to make an application in accordance with single-Service requirements. Additional guidance on conditions of service and associated obligations is provided in MILPERSMAN Part 7, Chapter 4 (formerly DI(G) PERS 33–5) and in single-Service policy documents. Command and discipline 1.17 1.17 Defence members are subject to the Defence Act 1903 (Defence Act) and the DFDA and related regulations. The Chief of the Defence Force (CDF) maintains command of the ADF in accordance with Section 9 of the Defence Act. Command is a purely military concept which lies at the very heart of the military profession and is central to success in battle. It includes authority and responsibility for using available human and material resources, extending to the responsibility for health, welfare, morale and discipline. Accordingly, Defence members are bound to follow all lawful commands which may be given at any time and which could involve considerable risk to life. 1.18 Defence members are subject to military discipline law in times of peace and war in addition to normal civilian law. The military discipline system has its own Service tribunals for the prosecution of offences under the DFDA. These processes are designed to deal with offences that substantially affect the maintenance of Service discipline in the ADF. Defence members are subject to the ordinary civilian criminal law and remain liable to prosecution in civilian courts in respect of such offences. Criminal offences or other illegal activities may be referred to civil authorities, such as the police. Additional guidance on discipline law is provided in Australian Defence Force Publication 06.1.1— Discipline Law Manual, Volume 3—Summary Authority and Discipline Officer Proceedings. 1.19 Under the DFDA, it is an offence for failing to comply with any of the provisions contained in general orders. General orders detailing rules and procedures are created under the DFDA and may include a Defence Instruction (DI) (General), a DI (Navy), DI (Army), or DI (Air Force), any other order, instruction or directive issued by, or under the authority of, the CDF or a Service Chief, or a general, standing, routine or daily order that may be in force with respect to the functioning and/or operation of a particular part or area of the ADF. Such orders could require members to live, work and fight anywhere in Australia or overseas at short notice. 1.20 Defence members whose posting or duties place them under the supervision of a Defence employee, as defined in MILPERSMAN, Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’, are required to comply with all lawful and reasonable directions given by their supervisor that relate to the carrying out of those functions and duties falling within the responsibility of that Defence employee in accordance with DI(G) ADMIN 58–1—Authority in an Integrated Defence Organisation. Workplace behaviour 1.21 1.21 Defence aims to be an inclusive and progressive organisation that maximises capability through capitalising on a diverse workforce. Workplace behaviour is a key element to achieving this aim. During their career, Defence members will, invariably, work in integrated and diverse environments that include members of other Defence Services, Defence employees, external service providers and communities. Working in such an integrated and diverse environment places obligations on Defence members to conduct themselves appropriately. This obligation applies equally to all Defence employees. Everyone in Defence is to be treated with respect, fairness and without harassment. 1.22 The rule of law underpins the way Australian society is governed and acts as a shaping influence on workplace behaviour, in particular as a constraint upon unacceptable behaviour. Defence members are not exempt from complying with the rule of law, from being accountable for their actions, making rational decisions and protecting human rights whether it is in support of operations or in a non-operational setting. Values also underpin and help shape relationships and behaviour. Together, such values-based behaviour, which is embodied and reinforced within individual Service cultural reform programs, requires everyone to accept personal responsibility and accountability and to think clearly about the consequences of their actions. 1.23 At its centre is a recognition and acceptance of Defence’s cultural intent which sets out the organisation’s enduring cultural aspirations and which describes how Defence members think about their work and behaviour towards others. Defence members found to have engaged in, contributed to, ignored, assisted, or personally encouraged unacceptable behaviour will be held personally responsible. 1.24 The policy on dealing with matters of unacceptable behaviour is contained in DI(G) PERS 35–3—Management and Reporting of Unacceptable Behaviour. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 2 1–4 1.25 Appropriate workplace behaviour also extends to ensuring Defence members take all reasonable and practical steps to protect the health and safety of themselves and others in the workplace and behave responsibly and ethically in regard to the use of Commonwealth resources. Additional guidance can be found in the Defence Safety Manual (SAFETYMAN) Volume 1. 1.26 Mandatory Annual Awareness Training. Defence members are required to complete mandatory annual awareness training to ensure that they are aware of and understand their employment conditions and responsibilities which include developing and maintaining a safe and secure work environment and behaving ethically at all times. Mandatory awareness training may also form part of a member’s individual readiness requirements as determined by single-Service polices. Unrestricted service 1.27 1.27 Defence members may be required to work long hours, shift work, irregular hours or a combination of these. Penalty rates or overtime are not paid in such situations. The payment of Service Allowance is intended to compensate the majority of Defence members for the special demands and exigencies of Service life. Notwithstanding, Permanent Defence may need to or be directed to, work long and irregular hours if required for a specific purpose. Further guidance on unrestricted service can be found in the ADF Pay and Conditions Manual (PACMAN). Regulation of lifestyle 1.28 1.28 Defence expects its members to maintain the appropriate standards of behaviour normally expected of a professional military organisation. Such behaviours and standards accord with the high public expectations that tend to shape and influence the personal conduct and behaviour of Defence members while both on and off-duty. Military standards of appropriate behaviour may be more stringent than contemporary practices deemed acceptable in the broader community or under civil law. Therefore, Defence members should ensure they are aware of extant policies, rules and regulations informing activities such as the use of social media, use of alcohol, non-medical use of drugs, indebtedness or other inappropriate behaviour. Additionally, there are circumstances when fraternisation between members may be contrary to the inherent requirements of ADF service. 1.29 Additional guidance on the spectrum of response is contained in MILPERSMAN, Part 9, Chapter 1—‘Formal warnings and censures in the Australian Defence Force’. 1.30 Social media. Social media is defined within the Defence context as ‘digital tools that enable communication and sharing across the internet and which allow for the creation of user-generated content.’ Whereas an individual may believe they are acting in privacy or anonymity, such acts by a Defence member may not eliminate a possible/apparent or identified connection with the Defence organisation. Members should consider carefully whether they should identify themselves as a member of Defence in any social media forum/setting. 1.31 The use of social media in official communications for public engagement as well as in private activities that pose a reputational risk to Defence and certain behaviour within a social media environment may result in administrative sanctions or charges being laid under the DFDA. 1.32 Policy guidance on the use of social media is provided in DI(G) ADMIN 08–2—Use of social media by Defence Personnel. 1.33 Public comment. During the course of a Defence member’s service they may be required to make public or media comment. Defence members are to distinguish carefully between personal and official views in order to avoid any mistaken perception that personal comment is in fact an official comment. 1.34 Defence’s policy on public comment and dissemination of official information is contained in DI(G) ADMIN 08–1—Public comment and dissemination of official information by Defence personnel. 1.35 Use of drugs and compulsory testing. Prohibited substance use or involvement undermines discipline, morale, organisational cohesion and security and can adversely affect the public image and reputation of Defence. In accordance with the ADF principle of ‘zero tolerance’, the ADF prohibited substance policy framework includes the compulsory administrative Prohibited Substance Testing Program (PSTP) in accordance with DI(G) PERS 15–5—Management of the use or involvement with prohibited substances in the Australian Defence Force. Detection outside the PSTP will result in possible disciplinary action under the DFDA, administrative sanction or civilian criminal proceedings. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 2 1–5 1.36 Use of alcohol. The ADF Alcohol Behaviour Expectation Statement outlines the organisational expectation for Defence members to set the benchmark standard for the use of alcohol and behave in a responsible, safe and respectful manner at all times. Alcohol management in the ADF aims to minimise alcohol-related harm and deals with the supply, availability and use of alcohol, including authorised alcohol testing in accordance with DI(G) PERS 15–4—Alcohol testing in the Australian Defence Force. 1.37 Drunkenness and alcohol abuse is taken very seriously and may amount to disciplinary action under the DFDA. Policy guidance is provided in DI(G) PERS 15–1—Misuse of Alcohol in the Defence Force and additional guidance in MILPERSMAN, Part 4, Chapter 1—‘Misuse of alcohol in the Australian Defence Force’. 1.38 Personal searches. Defence has an obligation to provide and maintain a safe and secure environment for the protection of its workforce along with its information, capabilities and assets. Defence members may periodically be subjected to consensual and non-consensual personal searches by military police personnel or appropriate security staff during the course of their service. This level of physical security environment aims to minimise risks to the efficient and effective performance of Defence’s goals and objectives. Such actions also complement the application and enforcement of other protective security measures in place across the wider Defence organisation. 1.39 Personal information. The Privacy Act 1988 governs the collection, recording, use and disclosure of personal information in Defence. Defence collects and records a broad range of information, including health-related information, about Defence members. Such information is used by Defence to make a variety of Service-related decisions (including decisions about individual deployability and employability) affecting, or otherwise relating to, Defence members. Dress and grooming standards 1.40 1.40 To allow for identification of its members, Defence promulgates specific dress and grooming standards. By wearing the uniform of their Service and by having the same general style of appearance, Defence members develop a sense of belonging to an organisation with long standing and proud traditions. Such a sentiment develops the required cohesion and morale necessary for the proper functioning of Defence. Well groomed members of Defence also help to promote a sense of confidence and pride in Australia’s armed forces across the wider Australian community. 1.41 Military dress and grooming regulations may or may not reflect community trends. Not all fashions in clothing, accoutrements and appearance will, however, be permissible for Defence members when on duty or in uniform. Equally, specific rules may be introduced for certain groups or in special areas to allow for operational, hygiene and safety requirements. 1.42 The single-Service documents on uniform and dress standards are listed in Annex A. Employment opportunity 1.43 1.43 All roles and trades within the ADF may be competed for on merit irrespective of gender, age, sexual orientation, religion or culture, provided that individuals are capable of meeting all necessary requirements for their chosen role or trade. 1.44 Defence members should refer to single-Service documents and policy instructions for additional guidance on Service-specific activities and implementation schedules. Individual Readiness 1.45 1.45 An inherent requirement of ADF service is that all Defence members maintain a base level of individual preparedness and be ready and able to deploy at short notice on operations or exercises. Defence members of all ranks are to accept a high level of personal responsibility to meet Individual Readiness (IR) standards in accordance with MILPERSMAN, Part 3, Chapter 1—‘Australian Defence Force policy on Individual Readiness’ (formerly DI(G) PERS 36–2) and as detailed in single-Service instructions. 1.46 Within the ADF, IR comprises the six components of availability, employment, weapons, medical, dental and physical fitness. Defence members should refer to single-Service documents for additional guidance on Service specific compliance standards and IR requirements. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 2 1–6 Medical and physical fitness 1.47 1.47 A prescribed level of medical and physical fitness is a fundamental requirement for entry to and retention in Defence, since all members may be called upon to perform operational service, often at short notice. Health Manual, Volume 1—Health Standards and Procedures for Entry and Transfer and the single-Service physical fitness instructions are listed in Annex A. To be able to fulfil these duties, Defence members are required to undertake, to varying degrees, arduous training during initial entry courses and on an ongoing basis throughout their career. 1.48 Those who cannot meet the required medical and fitness standards may not be able to perform their duties safely in a deployed or operational setting, placing themselves and others at risk, such that the operation/mission may end up being compromised. For these reasons, any injury, illness or other health condition permanently affecting fitness for duty may ultimately result in a medical downgrade or reassessment or even a member’s discharge/termination. 1.49 Further guidance on medical and physical fitness standards can be found in MILPERSMAN, Part 3, Chapter 2—‘Australian Defence Force Medical Employment Classification System’ (formerly DI(G) PERS 16–15), DI(G) PERS 16–22—Australian Defence Force Rehabilitation Program and MILPERSMAN, Part 10, Chapter 4—‘Termination of service in the Australian Defence Force’ (formerly DI(G) PERS 03–4). Military and trade skills 1.50 1.50 Throughout their career, Defence members are required to develop and maintain military skills as well as trade skills and professional qualifications applicable to their employment. Military skills include competency with weapons, combat proficiencies and drill and ceremonial procedures. Further information may be obtained from the relevant single-Service category/trade/mustering sponsors, or in the career management documents listed in Annex A. Postings and deployments 1.51 1.51 Defence posts its members in order to fill vacancies and to rotate members through operational, staff and training appointments to develop their skills and experience. Such postings are not always possible within the same geographic area. Accordingly, Defence members, and their families, will normally experience numerous moves between different localities during their career. Such relocations can have a disruptive effect on family life, particularly in regard to a child’s education and the employment/career prospects for spouses/partners. Similarly, members of the Navy, Ship’s Army Detachments and members of the Amphibious Response Element will from time to time, be obliged to serve at sea, which can also have an effect on career, personal and family circumstances. 1.52 Deployments of Defence members within Australia and overseas occur on a regular basis as part of Defence’s preparedness requirements to posture Defence for a sustainable capacity to efficiently prepare and provide effective military options to meet Government’s requirements. Such options include deployments in support of operational and peacekeeping missions, military exercises and wider Defence responses to humanitarian assistance and disaster relief activities. In many cases, members are required to move at short notice to areas that can only provide basic amenities. Such deployments can separate members from their families for long periods. Operational service 1.53 1.53 The defence of Australia means that all Defence members, except those under 18 years of age, face the possibility of deploying to or near combat zones should hostilities occur. 1.54 As well as facing the possibility of service in hostile areas, Defence members participate in other forms of operational activities where a degree of personal risk still exists. Such duties include, but are not limited to, major exercises, search and rescue missions and regional disaster relief and humanitarian assistance activities. 1.55 While the degree of exposure to combat situations depends on a number of factors, Defence members may be called upon to engage in direct action against enemy forces. During peacetime, Defence is often called upon to deploy to unstable and unpredictable areas where the risk of violence is high. In such cases, Defence members may be required to engage in offensive or defensive action to protect themselves and others. Defence members may also be called upon to operationally deploy as part of a multi-national force under the auspices of the United Nations and not under direct command of Defence. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 2 1–7 1.56 Further information on the employment of under age members is detailed in MILPERSMAN, Part 7, Chapter 5—‘Management and administration of Australian Defence Force members under 18 years of age’ (formerly DI(G) PERS 33–4). Employment in off-duty hours 1.57 1.57 ADF members in the permanent forces are legally bound to render continuous, full-time service. Defence members are therefore prohibited from engaging in employment or voluntary activities in off-duty hours as provided in MILPERSMAN, Part 7, Chapter 3—‘Employment and voluntary activities of Australian Defence Force members in off–duty hours’ (DI(G) PERS 2–22) without prior approval from the appropriate authority. This requirement reinforces the primacy of the ADF’s right to the services of Defence members in the permanent forces. It is also designed to ensure that there is no actual or perceived conflict with their official duties or their performance as a Defence member. Both the approver and the member seeking approval should be guided by the restrictions outlined in MILPERSMAN, Part 7, Chapter 3. The member is responsible for reporting to the appropriate authority any change in circumstances which might breach these restrictions. Political activities 1.58 1.58 Defence members have a right to participate in the political life of Australia within acceptable limits of engagement in particular political activities. Restrictions on Defence members’ participation in political activities are necessary to ensure the political neutrality of Defence and the ongoing ability of its members to properly serve the Government of the day in the performance of their official duties. 1.59 Defence members are, without the permission of the appropriate authority, precluded from being nominated for election to a local Government body or accept an office in a local Government body. Defence members who wish to contest an election are to apply to their Service Chief for transfer to the Inactive Reserve for discharge, or for termination of full-time duty. 1.60 Further information on political activities can be found in DI(G) PERS 21–1—Political activities of Defence personnel. Annex: A. Related Legislation, Instructions, Orders and Publications Sponsor: DGPPEC (DMPP) AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX A TO CHAPTER 1 RELATED LEGISLATION, INSTRUCTIONS, ORDERS AND PUBLICATIONS Commonwealth Legislation A 1 Work Health and Safety Act 2011 Defence Legislation 1.2 Defence Force Discipline Act 1982 Defence (Personnel) Regulations 2002 Defence Act 1903 Public Service Act 1999 Departmental Documents 1.3 ADF Pay and Conditions Manual Defence Security Manual (DSM) Defence Safety Manual (SAFETYMAN), Volume 1 Joint Service Documents 1.4 Military Personnel Policy Manual (MILPERSMAN), Part 10, Chapter 4—‘Termination of service in the Australian Defence Force’ (General) (DI(G)) PERS 03–4) DI(G) ADMIN 08–2—Use of social media by Defence personnel MILPERSMAN, Part 5, Chapter 3—‘Promotion in the Australian Defence Force—provisional, temporary and Limited Tenure Promotion and honorary rank’ (formerly DI(G) PERS 10–7) DI(G) PERS 15–1—Misuse of Alcohol in the Defence Force DI(G) PERS 15–4—Alcohol testing in the Australian Defence Force DI(G) PERS 15–5—Management of the use or involvement with prohibited substances in the Australian Defence Force DI(G) PERS 16–1—Health care of Australian Defence Force personnel MILPERSMAN, Part 3, Chapter 2—‘Australian Defence Force Medical Employment Classification System’ (formerly DI(G) PERS 16–15) DI(G) PERS 16–22—Australian Defence Force rehabilitation program DI(G) PERS 21–1—Political activities of Defence personnel DI(G) PERS 25–6—Conflicts of interest and declarations of interest MILPERSMAN, Part 6, Chapter 4—‘Employment of immediate family members in the same chain of command and/or working environment’ (DI(G) PERS 25–5) MILPERSMAN, Part 2, Chapter 2—‘Citizenship requirements for entry to and service in the Australian Defence Force’ (formerly DI(G) PERS 33–1) MILPERSMAN, Part 7, Chapter 5—‘Management and administration of Australian Defence Force members under 18 years of age’ (formerly DI(G) PERS 33–4) MILPERSMAN, Part 2, Chapter 3—‘Engagement of members of the Australian Defence Force Reserves to render continuous full–time service’ (formerly DI(G) PERS 33–5) AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 2 1A–2 DI(G) PERS 35–3—Management and reporting of unacceptable behaviour DI(G) PERS 35–4—Reporting and management of sexual misconduct including sexual offences MILPERSMAN, Part 9, Chapter 1—‘Formal warnings and censures in the Australian Defence Force’ (formerly DI(G) PERS 35–6) MILPERSMAN, Part 3, Chapter 1—‘Australian Defence Force policy on Individual Readiness’ (formerly DI(G) PERS 36–2) DI(G) PERS 50–1—Equity and Diversity in the Australian Defence Force DI(G) PERS 55–4—Reporting, recording and dealing with Civil Offences, Service and Civil Convictions and Diversionary Programs DI(G) ADMIN 45–2—The reporting and management of notifiable incidents DI(G) ADMIN 58–1—Authority in an Integrated Defence Organisation Health Manual, Volume 1—‘Health Standards and Procedures for Entry and Transfer’ Royal Australian Navy Instructions 1.5 Australian Book of Reference (ABR) 6289—RAN Officers’ Career Management Manual ABR 10—Sailors’ Career Management Manual ABR 81—Uniform Instructions for the Royal Australian Navy Defence Instruction (Navy) (DI(N)) PERS 2–2—Instructions for Category Sponsors DI(N) PERS 31–38—Royal Australian Navy policy on physical fitness and instructions for the conduct of the RAN Physical Fitness Test Army Instructions 1.6 Defence Instruction (Army) (DI(A)) PERS 47–1—Career Management of Australian Army Officers DI(A) PERS 47–11—Career management of soldiers in the Australian Regular Army and Army Reserve DI(A) PERS 148–2—Physical training Army Dress Manual Manual of Army Employments Royal Australian Air Force Instructions 1.7 Defence Instruction (Air Force) (DI(AF)) PERS 07–2—Officers Transfers, Resignations and Retirements DI(AF) PERS 07–3—General Discharge/Transfer Procedures—Permanent Air Force DI(AF) PERS 07–10—Extension of Service beyond compulsory retiring age DI(AF) PERS 29–32—Royal Australian Air Force policy on tattoos, branding, body piercing and mutilation DI(AF) PERS 53–13—Physical fitness in the Royal Australian Air Force Australian Air Publication 5135.003(AM1)—Manual of Dress AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 2 CHAPTER 2 CITIZENSHIP REQUIREMENTS FOR ENTRY TO AND SERVICE IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 2 2.1 2.1 The policy on citizenship requirements for entry to and service in the Australian Defence Force is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 2.2 The extant policy remains Defence Instruction (General) PERS 33–1—Citizenship requirements for entry to and service in the Australian Defence Force. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 2 CHAPTER 3 ENGAGEMENT OF MEMBERS OF THE AUSTRALIAN DEFENCE FORCE RESERVES TO RENDER CONTINUOUS FULL–TIME SERVICE INTRODUCTION 3 3.1 3.1 Defence needs, from time to time, to engage Australian Defence Force (ADF) Reserve members to render Continuous Full-time Service (CFTS) to satisfy the requirements of the individual Services. Under subsection 50D(1) of the Defence Act 1903 the Governor-General may call-out all or part of the ADF Reserves for CFTS. Service Chiefs may authorise a Reserve member to undertake voluntary CFTS under subsection 32A(3) of the Naval Defence Act 1910, subsection 50(3) of the Defence Act 1903 or subsection 4J(3) of the Air Force Act 1923. 3.2 The Defence Reserve Service (Protection) Act 2001 provides various protections for Reserve members rendering Defence service. POLICY STATEMENT 3.3 3.3 Defence recognises that the Reserves are an integral part of the Defence Workforce. The employment of Reserve members on CFTS is important to the sustainment of Defence capability. SCOPE 3.4 This Chapter applies to all ADF Reserve members who undertake to render CFTS. DEFINITIONS 3.5 3.4 3.5 The definitions that are applicable to this Chapter are: a. Defence service. Defence service means service, including training, by a Reserve member in a part of the Defence Force. b. CFTS. CFTS is Defence service rendered by Reserve members of a continuous nature whilst remaining members of the ADF Reserves. The member is generally entitled to the same remuneration and conditions of service, and subject to the same service obligations, laws, regulations and procedures as a Permanent Force member, except where a Single Service Instruction or relevant policy provides otherwise. CFTS may be compulsory, following a call-out of a part of Defence to which the member belongs, or voluntary following the giving of an undertaking to render CFTS by the member and its acceptance by the Service Chief of the member. Voluntary CFTS is normally limited by time and relates to the fulfilment of a specific Service need in keeping with the Reserve member’s skills, capabilities and qualifications. c. Prohibited reason. In relation to discrimination, a prohibited reason means a decision on the grounds that a person is rendering, has rendered or might in the future render Defence service. d. Protected CFTS. All CFTS following a call-out is protected Defence service. Voluntary CFTS is protected Defence service if the relevant Service Chief has requested the Reserve member to undertake voluntary CFTS as protected service, under the provisions of the Defence Reserve Service (Protection) Act 2001, section 12 and the Reserve member has undertaken to render the voluntary CFTS on a protected basis. A Reserve member undertaking protected CFTS receives employment, partnership and education protection under the provisions of the Defence Reserve Service (Protection) Act 2001. Additional protections, detailed in Annex A, apply to CFTS following a call-out. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3–2 e. Unprotected CFTS. Voluntary CFTS is unprotected Defence service if the relevant Service Chief has not designated the service as protected service under the provisions of section 12 of the Defence Reserve Service (Protection) Act 2001. A Reserve member undertaking unprotected CFTS does not receive employment, partnership or education protection under the provisions of the Defence Reserve Service (Protection) Act 2001. f. Service Chief. Service Chief means the Chief of Navy, the Chief of Army, the Chief of Air Force or an officer (within the meaning of the Defence Act 1903) to whom a Service Chief has delegated, in writing, his or her powers and functions under the Defence Reserve Service (Protection) Act 2001. g. Third parties. Third parties includes a Reserve member’s civilian employer, business partner(s) or Australian educational institution in which a Reserve member is enrolled. ENGAGEMENT TO RENDER CONTINUOUS FULL–TIME SERVICE 3.6 3.6 Reserve members engaged to render CFTS are generally required to fulfil the standards for readiness and deployability applicable to the rank, trade and/or specialisation for which they are to be engaged, except where a Single Service Instruction or relevant policy provides otherwise. 3.7 The type and priority of engagement of Reserve members rendering CFTS is to be determined by the relevant Service Chief, as necessary and in accordance with Service requirements. 3.8 A Reserve member engaged to render CFTS (protected or unprotected) is subject to the same eligibility requirements for conditions of service and associated benefits as a Permanent or regular member for the period of the CFTS. 3.9 Income tax and superannuation. In accordance with the Income Tax Assessment Act 1997, the salary (pay and salary related allowances) received by a Reserve member undertaking CFTS is subject to taxation as income. Reserve members will automatically join the Military Superannuation Benefits Scheme (MilitarySuper) unless they elect not to do so prior to commencing a period of CFTS. Former members of the Defence Force Retirement and Death Benefits Scheme (DFRDB Scheme) should carefully consider their superannuation options and should be encouraged to seek independent financial advice regarding their superannuation options. 3.10 Transfer to the Permanent Forces. If a Reserve member transfers to the Permanent component, that member is no longer entitled to the protections and benefits associated with protected CFTS as the member is no longer a Reserve member. In addition, the member’s civil employer will cease to have any protection obligations and will not be entitled to any further payments under the Employer Support Payment Scheme (ESPS). 3.11 CFTS following receipt of a Special Benefit. Personnel who have received a Special Benefit payment under the provisions of ADF Pay and Conditions Manual (PACMAN), Chapter 2, Part 3, Division 1, as a result of being declared redundant; and who subsequently commence a further period of CFTS within one year of ceasing to be a member of the Permanent Forces, must repay the amount of the Special Benefit. The requirement to repay the Special Benefit may be waived if the period of CFTS is approved by the Minister. CONTINUOUS FULL–TIME SERVICE FOLLOWING A CALL–OUT 3.12 3.12 In accordance with section 50D of the Defence Act 1903 the Governor-General may, by publishing a written order in the Commonwealth of Australia Gazette, call-out for CFTS: a. the Reserves, or b. one or more of the following: (1) a specified part or parts of the Reserves, (2) a specified class or classes of members in the Reserves, or (3) a specified member or members of the Reserves. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3–3 3.13 CFTS following a call-out is compulsory for the part of the ADF Reserves to which the call-out order applies and is subject to the protections available under the Defence Reserve Service (Protection) Act 2001, which are summarised in Annex A. The ESPS is not applicable to employers of members subject to a call-out order unless the Minister determines otherwise. 3.14 A member of the Reserves who is covered by a call-out order under section 50D is bound to render the period of CFTS that the Chief of the Defence Force (CDF) or relevant Service Chief directs in relation to the member. 3.15 The procedure for bringing a member of the ADF Reserves onto CFTS following a call-out order is as follows: a. the call-out order is issued by the Governor-General; b. the CDF or relevant Service Chief identifies the period of CFTS to be rendered by the Reserve member(s); c. the Service Chief notifies the relevant member(s) of the call-out, utilising the most appropriate and effective method of communication; and d. the Service Chief notifies any affected third party of the call-out order and the protections and obligations that apply, utilising the most appropriate and effective method of communication. VOLUNTARY CONTINUOUS FULL–TIME SERVICE 3.16 3.16 Voluntary CFTS is unprotected Defence service unless designated otherwise by the relevant Service Chief. A flow diagram setting out the procedure to be followed for a Reserve member to undertake voluntary CFTS is provided in Annex B. A number of CFTS example scenarios are detailed in Annex C to provide guidance for the Service Chiefs when considering the protection status of a member for a period of proposed voluntary CFTS. 3.17 Voluntary CFTS can be initiated in one of two ways: a. a Service Chief may request a Reserve member to undertake voluntary CFTS either on a protected or unprotected basis for a period specified by the Service Chief; or b. a Reserve member may seek to undertake voluntary CFTS, on a protected or unprotected basis, for a period specified by the Reserve member. 3.18 Reserve members should discuss their intention to undertake CFTS with interested parties such as employers, business partners or educational institutions, at the earliest opportunity. Early discussions with third parties can simplify administration and minimise the likelihood of conflict between the Service, the Reserve member and third parties later in the process. 3.19 Once a member has given an undertaking to render voluntary CFTS and the undertaking has been accepted on behalf of the Service Chief, it is binding in the following ways: a. the Service is bound to engage the member in accordance with the undertaking given by the member and accepted by the Service; and b. the member is bound to render the service in accordance with the undertaking given by the member and accepted by the Service. 3.20 It must be recorded in writing whether the CFTS is offered on a protected or unprotected basis. There are significant consequences for members, employers, business partners, educational institutions and families, and for the respective Services. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3–4 Conflict of interest and post-separation employment 3.21 3.21 Conflict of interest. Defence Instruction (General) (DI(G)) PERS 25–6—Conflict of interest and declarations of interests details the responsibilities of Defence members in relation to their disclosure of conflict of interests. All Reserve members prior to the commencement of CFTS are to complete and submit a Statement of Private and Financial Interests (Annex H). The Statement of Private and Financial Interests ensures that Reserve members rendering CFTS are aware of the potential for conflicts of interest to arise as a result of their CFTS employment, and their obligation to declare any real or perceived conflict in advance. 3.22 The recommending and approving authorities are to assess whether an actual, potential or perceived conflict of interest exists and make a determination on the member’s suitability for employment. 3.23 Post-Separation Employment. Reserve members on cessation of CFTS are subject to the requirements of DI(G) PERS 25–4—Notification of Post- Separation Employment. Protected voluntary continuous full-time service 3.24 3.24 Service Chiefs are required by law to consider all of the factors set out in section 12(2) of the Defence Reserve Service (Protection) Act 2001 in order to decide whether to request a Reserve member to undertake to render a period of voluntary CFTS on a protected basis. These factors are: a. The nature of the service to be rendered. b. The member’s military and civil skills and capabilities. c. The current need of Defence for the member’s skills and capabilities. d. The effect that rendering the service might have on the member’s employment and education (including the effect that it might have on third parties such as employers). e. Any other relevant matter. 3.25 When the voluntary CFTS is offered on a protected basis and the undertaking is given, the civilian employer or business partner(s) of the Reserve member or Australian educational institution in which the Reserve member is enrolled must provide the protections and benefits set out in the Defence Reserve Service (Protection) Act 2001. The protections and benefits associated with protected CFTS are in Annex A. Unprotected voluntary continuous full-time service 3.26 3.26 Should a Service Chief decide, based on the nature of the service to be rendered and the member’s military and civil skills and capabilities, that there is no basis for the service to be protected, then the member may be requested to undertake to render voluntary CFTS on an unprotected basis. In these circumstances, there is no requirement to provide third parties with the opportunity to make a submission. Formal request 3.27 3.27 Unless the Service Chief has determined that the service will be requested on an unprotected basis or urgency precludes doing so, the making of a formal request by a Service Chief for a Reserve member to render voluntary CFTS should only occur once the administrative process has been completed and all relevant factors, including third party objections, have been considered. Until a formal request by a Service Chief for a Reserve member to render voluntary CFTS is made, it should be made clear to all parties that the proposal to undertake to render voluntary CFTS is only tentative and is not binding. Reserve members should be advised to discuss any proposed period of voluntary CFTS with their employer, business partner or educational institution prior to giving any undertaking. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3–5 Third parties 3.28 3.28 Unless the Service Chief has determined that the service will be requested on an unprotected basis, third parties are to be given the opportunity to make a submission or raise objections to the Service Chief, whenever the Service need allows, prior to the authorising of voluntary CFTS. 3.29 In exceptional circumstances the urgency of the Service need may not permit time for the third parties to raise objections. These circumstances are most likely to involve high readiness Reserve members. Units are to ensure that employers of high readiness Reserve members are aware in advance that their Reserve employees may be required to deploy at short notice. Even if no opportunity can be given to the third party to raise objections, the third party is nonetheless to be informed of a decision to accept an undertaking to render CFTS. 3.30 If the Service Chief has determined that the service will be requested on an unprotected basis without requiring third party submissions or objections, the third party should, if appropriate, be informed of a decision to accept an undertaking to render CFTS. 3.31 Third party objections. In the event of an objection being raised by a third party to a Reserve member undertaking to render CFTS, the Service Chief must consider the objection in deciding whether or not to proceed to engage the member onto CFTS. In the event of no objection being raised or following consideration of any objection that has been raised, the Service Chief is to advise the third party that: a. the Service is proceeding with the engagement of the member to render CFTS and that the decision will be legally binding; b. whether the service is to be undertaken on a protected or unprotected basis; c. if the service is undertaken on a protected basis, the protections that must be afforded to the Reserve member by the third party; d. if the third party is an employer or business partner, the employer or firm should consider making an application for financial support under the ESPS (if applicable); e. the employer has the opportunity of making a representation to the Office of Reserve Service Protection or the Defence Ombudsman; or f. the Service is not proceeding with the engagement of the member to render CFTS. 3.32 CFTS does not proceed. Prior to the acceptance of an undertaking by the Service Chief, if a decision is made by the Service Chief not to proceed with a proposed period of engagement to render voluntary CFTS, the Reserve member and any relevant third party are to be advised of the outcome. Should the Reserve member subsequently decline the formal offer of engagement to render CFTS, the Service Chief is also to inform the third party of this outcome. 3.33 Problems with third parties. Under the Defence Reserve Service (Protection) Act 2001, it is unlawful for an employer or business partner to hinder an employee in their employment or fellow partner from rendering Defence service. Should an employer or third party refuse to release or otherwise seek to prevent a Reserve member from undertaking to render CFTS, the Reserve member should, in the first instance, advise the Service unit at which the Reserve member is to render CFTS or the relevant career management agency (CMA) or personnel management agency (PMA). The Service unit or CMA/PMA is to attempt to resolve any differences with the employer. Should the unit or CMA/PMA not be able to resolve the situation, further assistance is to be sought from the State Committee of the Defence Reserves Support Council (DRSC). DRSC State Committees can be contacted on telephone number 1800 803 485. 3.34 Issues that can not be resolved by the DRSC State Committee are to be passed to the Office of Reserve Service Protection (ORSP), within the Office of Head Reserve Policy. Regardless of the outcome, details of the issue are to be advised to the ORSP by the member’s unit and the DRSC State Committee for recording purposes. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3–6 3.35 Form letters. To assist with notification, form letters to third parties are contained in the annexes to this Chapter. The form letters contain the minimum information that should be provided to a third party. Where applicable, units or mounting headquarters should customise the standard letter to suit the particular circumstance. For example, a mounting headquarters seeking a large number of Reserve members for an overseas deployment might include additional information on the proposed deployment and the vital contribution that the Reserve members, through involvement in the deployment, will make to the national interest. 3.36 The form letters in Annexes D to G respectively, are as follows: a. form letter to a third party advising of the intention to engage a Reserve member to render CFTS, b. form letter to a third party advising of the decision to engage a Reserve member to render CFTS without providing an opportunity for the third party to raise objections, c. form letter to a third party advising of a final decision to engage a Reserve member to render CFTS, and d. form letter to a third party advising of a final decision not to proceed with a proposed engagement of a Reserve member to render a period of CFTS. Early termination 3.37 3.37 As detailed in Paragraph 3.19, once an undertaking to render CFTS has been accepted it is binding on both the Service and the Reserve member. However, under certain circumstances, the engagement to render a period of CFTS may be terminated early. 3.38 Service initiated. A Service Chief may terminate a Reserve member’s engagement to render on CFTS prior to the end of the agreed period of service under the following conditions: a. Disciplinary. A Reserve member’s period of engagement to render CFTS will cease if the Reserve member is dismissed for disciplinary reasons under the Defence Force Discipline Act 1982. If the CFTS was protected Defence service, the former Reserve member will still be entitled to employment, partnership and education protection covering the period of Defence service in accordance with the provisions of the Defence Reserve Service (Protection) Act 2001. Third parties with obligations under the Act should be informed of any early termination of CFTS due to disciplinary reasons. b. Administrative. A Reserve member’s period of engagement to render CFTS will cease if the Reserve member is dismissed for administrative reasons in accordance with single Service policy for administrative warnings and termination. If the CFTS was protected Defence service, the former Reserve member will still be entitled to employment, partnership and education protection covering the period of Defence service in accordance with the provisions of the Defence Reserve Service (Protection) Act 2001. Third parties with obligations under the Defence Reserve Service (Protection) Act 2001 should be informed of any early termination of CFTS due to administrative reasons. c. Medical. A Reserve member’s period of engagement to render CFTS may be ceased if the Reserve member is determined to be medically unfit for further service in the ADF. If the CFTS was protected Defence service, the former Reserve member will still be entitled to employment, partnership and education protection covering the period of Defence service in accordance with the provisions of the Defence Reserve Service (Protection) Act 2001. Third parties with obligations under the Defence Reserve Service (Protection) Act 2001 should be informed of any early termination of CFTS due to medical reasons. This does not affect any entitlement the member may have to compensation and rehabilitation under the Safety, Rehabilitation and Compensation Act 1988 or the Veterans’ Entitlements Act 1986. d. Service reasons. Should the Service wish to terminate a Reserve member’s period of engagement to render CFTS early for any other reason, prior consent of the Reserve member and any third party who is subject to obligations under the Defence Reserve Service (Protection) Act 2001 must be obtained. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3–7 3.39 Member initiated. A Reserve member may request early termination of an agreed period of engagement to render CFTS. The relevant Service Chief may accept or reject the request. Where there is a third party who is subject to obligations under the Defence Force Discipline Act 1982, the prior consent of the third party must also be obtained. 3.40 Prior to undertaking any engagement to render CFTS the Reserve member is to be made aware of the nature of CFTS including the fact that they will be subject to the same disciplinary and administrative provisions as Permanent members. They are also to be advised of the circumstances under which early termination of CFTS may occur. Administration 3.41 3.41 The administrative arrangements and Service specific requirements relating to the engagement to render CFTS are to be promulgated in separate Service instructions. The flow diagram in Annex B provides the outline for administrative procedures. 3.42 Delegation. Service Chiefs may delegate any or all of the powers associated with the engagement of Reserve members to render a period of voluntary CFTS to any officer (within the meaning of the Defence Act 1903) within that Service by written instrument of delegation. 3.43 Monitoring. Service Chiefs are to put in place the necessary provisions to enable the accurate recording of the numbers of Reserve members within the respective Service that are engaged in CFTS, and whether that CFTS is protected or unprotected. Annexes: A. Protections available in relation to Australian Defence Force Reserves B. Flow diagram for voluntary continuous full–time service applications C. Voluntary continuous full–time service examples D. Form letter to third parties advising of intention to engage member to render continuous full–time service E. Form letter to third parties advising of intention to engage member to render continuous full–time service without providing an opportunity for a third party to raise objections F. Form letter to third parties advising of final decision to engage member to render continuous full–time service G. Form letter to third parties advising of final decision not to engage member to render continuous full–time service H. Statement of private and financial interests Australian Defence Force personnel Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX A TO CHAPTER 3 PROTECTIONS AVAILABLE IN RELATION TO AUSTRALIAN DEFENCE FORCE RESERVES PROTECTION A 1 1. The Defence Reserve Service (Protection) Act 2001 provides a range of protections to Reservists to ensure the re-entry of a Reservist into civilian employment, partnership or course of education following a period of protected service. 2. Table 3A–1 outlines the various types of protection and benefits available and the corresponding type of service for which they apply. Type of protection and benefits Types of service for which respective protection or benefit applies Employer Support Payment (ESP) Following a qualifying period, for continuous Defence service in excess of five days (except for unprotected voluntary continuous full-time service (CFTS)(a) and CFTS following a call-out(b)). Protection against discrimination All kinds of Defence service. Employment protection All kinds of Defence service except for unprotected voluntary CFTS. Partnership protection All kinds of Defence service except for unprotected voluntary CFTS. Education protection Protected voluntary CFTS and CFTS following a call-out. Financial liability protection CFTS following a call-out. Bankruptcy protection CFTS following a call-out. Loans and guarantees CFTS following a call-out. Notes (a) Voluntary CFTS that does not meet the guidelines for protected voluntary CFTS will be eligible for the ESP if the Reservist's employer enters into an undertaking to comply with the Defence Reserve Service (Protection) Act 2001 as if the service rendered were protected. (b) The ESP may be paid in respect of CFTS following a call-out only if the Minister determines that it is to be paid. Table 3A–1: Various types of protection and benefits available 3. Discrimination. Discrimination relates to employment, partnerships, commission agents, contractors and includes: a. The refusal to give work to a person for any prohibited reason or for reasons that include a prohibited reason. b. The dismissal of an employee, the changing of the terms and conditions of employment for an employee or the discrimination in the terms and conditions of employment for an employee for any prohibited reason or for reasons that include a prohibited reason. c. The refusal to offer, form or invite a partnership for a prohibited reason or for reasons that include a prohibited reason. d. The refusal or failure to engage a person as a commission agent or a contractor for any prohibited reason or for reasons that include a prohibited reason. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3A–2 4. e. The threat or termination of a contract for any prohibited reason or for reasons that include a prohibited reason. f. The hindering or preventing of an employee, partner, commission agent or contractor from volunteering to or rendering Defence service (of any kind). Employment. For the purposes of protection, employment includes: a. appointment or employment by the Commonwealth, a State or Territory; b. appointment or employment by an authority of the Commonwealth or of a State or Territory (including a local Government body); c. an apprenticeship; d. a trainee arrangement; e. full-time, part-time and casual work, but does not include; f. work under a contract for services; or g. work as a commission agent. 5. Eligibility. The protections, benefits and Defence service (continuous and non-continuous) detailed in Table 3A–1 only apply to members of the Australian Defence Force Reserves and in some cases the dependants of those members. UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX B TO CHAPTER 3 FLOW DIAGRAM FOR VOLUNTARY CONTINUOUS FULL–TIME SERVICE APPLICATIONS B UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX C TO CHAPTER 3 VOLUNTARY CONTINUOUS FULL–TIME SERVICE EXAMPLES Purpose C 1 1. This annex is intended to provide guidance for the Service Chiefs and their delegates when considering the protection status of a member for a period of proposed voluntary continuous full-time service (CFTS). 2. It should be noted that these examples are in no way exhaustive, nor do they direct that specific actions must result from a given circumstance. They merely exist to demonstrate the intended uses of protection, and the decision making process to be adopted in deciding whether protection is to be granted. Example 1 3.3 3. The Service identifies a need for diesel mechanics to deploy on an operational deployment overseas for a period of six months and cannot fill all the positions from the Permanent Force. 4. Three Reserve mechanics have been identified as having the necessary qualifications, are currently deployable (in terms of meeting readiness requirements) and have indicated that they would be willing to deploy. They have no family circumstances that would cause undue hardship. 5. The employers of members A and B have no basic objection to the deployment, but as they are large organisations they have indicated that they would probably replace the employees in question or use the opportunity to reduce staffing levels on a permanent basis. The employer of member C relies on its employee as the sole mechanic within the organisation, and would have difficulty finding a temporary replacement. It would not be able to function as a business without a mechanic for a six-month period. 6. In this case the relevant factors have been analysed in the following way: a. Nature of the service to be rendered. The Service need is to meet an operational requirement that cannot be immediately fulfilled or sustained over a protracted deployment without the use of Reservists. b. Member’s military and civil skills and capabilities. The members are currently qualified in the trade in question. c. Current need of Defence for the member’s skills and capabilities. There is a personnel shortfall within the Service for diesel mechanics that cannot be corrected in the short to medium term. d. Effect that rendering the service might have on the member’s employment and education (including the effect that it might have on third parties such as employers). A and B’s employers would not suffer undue hardship as a result of the deployment, but may or may not maintain a position for members A and B if the service was not protected. C’s Employer would suffer undue hardship and would be forced to replace the member if the member was deployed. e. Any other relevant matter. The members have no personal or administrative problems that would be of concern during the deployment. 7. In this case the service should be offered as voluntary CFTS on a protected basis to members A and B. Their employers would be informed of the decision and advised of their ability to make application for the Employer Support Payment (ESP). The offer of CFTS should not be made to C and the employer of C informed of the decision not to proceed. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3C–2 Example 2 3.8 8. The Service identifies a need for personnel within certain trades to conduct a three-month course in order to train them on the use of a soon to be introduced item of equipment. This need is such that those members not trained will become increasingly difficult to employ as the older equipment is replaced. The Service has a mix of regular and permanent members within this trade structure who conform to the same set of competencies. 9. The member being considered is employed by a medium sized business that has some flexibility in terms of spreading the workload if an employee is absent over the course period. The employer has indicated that it would be claiming the ESP if the member is required by the Service to attend the course. 10. In this case the relevant factors have been analysed in the following way: a. Nature of the service to be rendered. This course is considered to be essential skills training for the member. b. Member’s military and civil skills and capabilities. The member is currently qualified in the trade in question. c. Current need of Defence for the member’s skills and capabilities. The older equipment will be completely taken out of service within two years and once this has occurred the course will cease to be a stand-alone course and be integrated into the initial trade qualification course. d. Effect that rendering the service might have on the member’s employment and education (including the effect that it might have on third parties such as employers). The employer has the capacity to cope with the member’s absence, but has indicated that it would be claiming the ESP in order to employ temporary staff. e. Any other relevant matter. The member has no personal or administrative problems that would be of concern during the course. 11. In this case the service should be offered as voluntary CFTS on a protected basis, but a range of dates could be offered to the member and employer in order to avoid a particular time of year that might prove more difficult to cope with. The employer would be informed of the decision and advised of its ability to make application for the ESP. Example 3 3.12 12. A member who has been fulfilling the role of a project officer in a Service Headquarters utilising Reserve training days is required to work on a specific project for a continuous period of twelve months. 13. The member has been identified as having the necessary qualifications and experience and currently meets Service specific readiness requirements. 14. The member’s employer has been able to cope with the absences of the member in the past due to the payment of the ESP, but would not preserve the member’s civilian employment if the member was to carry out Defence service of a continuous nature without some form of compensation. 15. In this case the relevant factors have been analysed in the following way: a. Nature of the service to be rendered. The Service need is for a non-operational administrative post within the Service Headquarters, but one that warrants more time than is currently being spent, having regard to Service priorities. b. Member’s military and civil skills and capabilities. The member is currently qualified for the position and possesses a high degree of corporate and subject matter knowledge, having fulfilled the position for some time. c. Current need of Defence for the member’s skills and capabilities. There is a personnel shortfall within the Service that cannot be corrected in the short to medium term. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3C–3 d. Effect that rendering the service might have on the member’s employment and education (including the effect that it might have on third parties such as employers). The member’s employer, in this case, would most likely replace the member if the Service were not to be protected. e. Any other relevant matter. The member has no personal or administrative problems that would be of concern during the period. The member has been undertaking this position whilst utilising training days, including for continuous periods, under the protection afforded to all ordinary Reserve service and the Service now has a greater requirement for the member’s services. There is therefore an expectation that as the member has been protected in the past, during part-time service that protection would continue. 16. In this case the service should be offered as voluntary CFTS on a protected basis on the likelihood that the member would decline an offer of unprotected service and the Service need for that particular member is significant. The employer would be informed of the decision and advised of its ability to make application for the ESP. Example 4 3.17 17. A member has made an offer to the Service for a six-month period of CFTS, due to personal circumstances, for duty in a non-operational administrative position that is currently vacant. 18. The member has been identified as having the necessary qualifications and experience and currently meets Service specific readiness requirements. 19. The member is currently employed and due to the current labour market is seeking the CFTS on a protected basis due to the tenuous nature of his current employment. The employer objects to the absence of the member on CFTS and would want to replace the member permanently if on CFTS. 20. In this case the relevant factors have been analysed in the following way: a. Nature of the service to be rendered. The Service need is for a non-operational administrative post that is currently vacant. b. Member’s military and civil skills and capabilities. The member is currently qualified in the position in question. c. Current need of Defence for the member’s skills and capabilities. There is a personnel shortfall within the Service that cannot be corrected in the short to medium term. d. Effect that rendering the service might have on the member’s employment and education (including the effect that it might have on third parties such as employers). The member’s employer objects and would most likely replace the member on a permanent basis if the Service were not to be protected. e. Any other relevant matter. The member has no personal or administrative problems that would be of concern during the period. 21. In this case the service should not be offered as voluntary CFTS on a protected basis. The service might be offered as voluntary CFTS on an unprotected basis. Alternatively, the decision might be to decline the offer made by the member for the period of CFTS if the Service need is not considered sufficient to warrant the engagement of a Reserve member to render voluntary CFTS, over the employer’s objections. Example 5 3.22 22. A member desires to undertake a 12-month period of CFTS. The member has had employment in the past but is currently unemployed. The member is not a student. 23. The member has been identified as having the necessary qualifications and experience and currently meets service readiness requirements. 24. Because the member is unemployed, protection is inappropriate, and would serve no useful purpose. The member is not a student and does not need educational protection. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3C–4 25. Because there is a Service need, and the member has the necessary qualifications and experience, the member’s offer to render unprotected CFTS should be accepted. There is no need to give notification to a Third Party. No entitlement under the Australian Defence Force (ADF) Reserves ESP Scheme arises. Example 6 3.26 26. A member is a full-time student at a Technical and Further Education (TAFE) studying telecommunications engineering. The member desires to undertake technical training for a period of 12 months to obtain advanced signals qualifications within the member’s Service. The member seeks protected CFTS so that the member can gain reinstatement in the member’s TAFE on completion of the member’s technical training. 27. The member has been identified as having the necessary prerequisites to undertake advanced technical training. 28. The member’s TAFE advises that it has a three year diploma course in telecommunications engineering. The member is about to commence year two having successfully completed first year. It sees no particular problem if the member is protected during the member’s Defence service and would be willing to reinstate the member at the beginning of second year following a 12-month deferment during the member’s Defence service. 29. In this case the relevant factors have been analysed in the following way: a. Nature of the service to be rendered. The Service has a significant shortfall of members with advanced technical telecommunications and signals skills. b. Member’s military and civil skills and capabilities. The member has successfully completed initial employment training and is a good prospect for advanced technical training and eventual employment as a technical member accompanied by promotion to non-commissioned Officer rank level. The member has also completed first year of a telecommunications engineering course. The member’s civil tertiary training is seen as useful in the performance of the member’s Defence duties. c. Current need of Defence for the member’s skills and capabilities. There is a personnel shortfall for signals and telecommunications technicians that cannot be corrected in the short or medium term. d. Effect that rendering the service might have on the member’s employment and education (including the effect that it might have on third parties such as employers). The member’s TAFE can accommodate the member’s one year deferment of the second year of the member’s course. e. Any other relevant matter. The member has no personal or administrative problems that would be of concern during the course. 30. In this case the service should be offered as voluntary CFTS on a protected basis so ensuring that the member is protected in relation to the member’s civil education status for the period of one year. The member’s TAFE should be advised of this decision. As an educational institution, the TAFE is not eligible to make any claim under the ADF Reserves ESP Scheme. UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX D TO CHAPTER 3 FORM LETTER TO THIRD PARTIES ADVISING OF INTENTION TO ENGAGE MEMBER TO RENDER CONTINUOUS FULL–TIME SERVICE D [Insert third party contact details and address] Dear Sir/Madam, I am writing to inform you of the [insert Service] intention to offer one of your [employees/business partners/students, as appropriate], a member of the Australian Defence Force (ADF) Reserves, the opportunity to undertake a period of continuous full-time service (CFTS) in the [insert Service]. The proposal is for [insert member’s name] to undertake a period of voluntary CFTS from [date] to [date]. [Briefly explain what the member will be doing and the reason]. Should this service be classified as being protected in accordance with the Defence Reserve Service (Protection) Act 2001 you will have obligations relating to your [employee/business partner/student as appropriate] upon return from Defence service. The details of these obligations are contained in the enclosed information brochure and can be accessed on the Reserves website. Should you have any query as to protection obligations, you should contact the Office of Reserve Service Protection (ORSP) via email: [email protected] or on 1800 100 166. [The next paragraph is for employers and business partners only] During this service your organisation may be eligible to make a claim under the ADF Reserves Employer Support Payment Scheme. Details of this scheme are also located at the Reserves web site. Should you have any query as to the Employer Support Payment Scheme, you should also contact the ORSP. Should you have any objections to the above mentioned service you should respond, in writing, within 14 days, to the following address: [insert name and address of delegate and contact details] You will be advised in writing of the decision when it is made following receipt of your response or at the end of the 14-day period should you not wish to respond. Yours sincerely, [Signature block and contact details of delegate] UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX E TO CHAPTER 3 FORM LETTER TO THIRD PARTIES ADVISING OF INTENTION TO ENGAGE MEMBER TO RENDER CONTINUOUS FULL–TIME SERVICE WITHOUT PROVIDING AN OPPORTUNITY FOR A THIRD PARTY TO RAISE OBJECTIONS E [Insert third party contact details and address] Dear Sir/Madam, I am writing to inform you of the [insert Service] intention to offer one of your [employees/business partners/students, as appropriate], a member of the Australian Defence Force (ADF) Reserves, the opportunity to undertake a period of continuous full-time service (CFTS) in the [insert Service]. The intention is for [insert member’s name] to undertake a period of voluntary CFTS from [date] to [date]. [Briefly explain what the member will be doing and the reason]. Due to the exceptional urgency of the Service need, I regret that no time was available to allow consideration of any objections you may have wished to make to the intended period of CFTS. [The next two paragraphs are to be used if the service is to designated as protected] It is proposed to classify this service as being protected in accordance with the Defence Reserve Service (Protection) Act 2001. Because of this you will have obligations relating to your [employee/business partner/student as appropriate] upon return from Defence service. The details of your obligations are contained in the enclosed information brochure and can be accessed on the Reserves website. Should you have any query as to protection obligations, you should contact the Office of Reserve Service Protection via email: [email protected] or on 1800 100 166. [The next paragraph is for employers and business partners only] During this service your organisation may be eligible to make a claim under the ADF Reserves Employer Support Payment (ESP) Scheme. Details of this scheme are also located at the Reserves web site. Should you have any query as to the Employer Support Payment (ESP) Scheme, you should also contact the ORSP. [The next two paragraphs are to be used if the service is classified as unprotected] It is proposed to classify this service as being unprotected in accordance with the Defence Reserve Service (Protection) Act 2001. [The next paragraph is for employers and business partners only] During this service your organisation may be eligible to make a claim under the ADF Reserves ESP Scheme. Details of this scheme are also located at the Reserves website. Should you have any query as to the ESP Scheme, you should contact the ORSP via email: [email protected] or on 1 800 100 166. Yours sincerely, [Signature block and contact details of delegate] UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX F TO CHAPTER 3 FORM LETTER TO THIRD PARTIES ADVISING OF FINAL DECISION TO ENGAGE MEMBER TO RENDER CONTINUOUS FULL–TIME SERVICE F Dear Sir/Madam, I am writing to advise you of the decision to engage [insert members name] to render continuous full-time service (CFTS) from [date] to [date]. This decision was made after careful consideration and after taking into account your letter of [insert date] [only if response received]. During the period of CFTS, [insert member’s name] will [state briefly what member is doing]. [The next two paragraphs are for service classified as being protected] The service is protected service in accordance with the Defence Reserve Service (Protection) Act 2001. Details of your obligations are contained in the information brochure previously supplied and can be accessed on the Reserves website. Further information can be obtained as to your protection obligations from the Office of Reserve Service Protection via email: [email protected] or on 1800 100 166. [The next paragraph is for employers and business partners only] During this service, your organisation may be eligible to make a claim under the Australian Defence Force (ADF) Reserves Employer Support Payment (ESP) Scheme, details of which are also located at the Reserves website. [The next two paragraphs are for service classified as being unprotected] The Service is unprotected service in accordance with the Defence Reserve (Protection) Act 2001. [The next paragraph is for employers and business partners only] During this service your organisation may be eligible to make a claim under the ADF Reserves ESP Scheme. Details of this scheme are also located at the Reserves website. Should you have any query as to the ESP Scheme, you should contact the Office of Reserve Service Protection (ORSP) via email: [email protected] or on 1800 100 166. You have the opportunity of making a representation to the ORSP or the Defence Ombudsman at [insert contact details]. It is requested that your organisation take any necessary action to ensure that the member is released to undertake full-time service for the period. Yours sincerely, [Insert name and address of delegate and contact details here] UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX G TO CHAPTER 3 FORM LETTER TO THIRD PARTIES ADVISING OF FINAL DECISION NOT TO ENGAGE MEMBER TO RENDER CONTINUOUS FULL–TIME SERVICE G Dear Sir/Madam, I am writing to advise you of the decision not to engage [insert member’s name] to render continuous full-time service from [date] to [date]. This decision was made after careful consideration and after taking into account your letter of [insert date] [Only if response received]. I appreciate your input in the deliberations leading up to this decision. Yours sincerely, [Insert name and address of delegate and contact details here] UNCONTROLLED IF PRINTED MILPERSMAN part 2 ANNEX H TO CHAPTER 3 STATEMENT OF PRIVATE AND FINANCIAL INTERESTS AUSTRALIAN DEFENCE FORCE PERSONNEL H Defence acquires and sustains equipment and Defence business involves responsibility for significant resources and relationships with many external bodies, including many and varied businesses and corporations. Prior to finalising your approval to render continuous full-time service (CFTS), you are required to document particulars of your private and financial interests and those of your immediate family. Defence Instruction (General) (DI(G)) PERS 25–6—Conflict of interest and declarations of interests— requires members to disclose any private interest that may conflict with their duty. If you are employed in Defence and fail to disclose information which could be either a real or apparent conflict of interest, action will occur under the relevant legislation. Process 3.1 Completed statements of financial and private interests contain sensitive personal information and will be handled strictly in accordance with the Information Privacy Principles contained in section 14 of the Privacy Act 1988. Information declaring a potential conflict of interest will be securely stored with access limited to those who have a need to know. Where you are disclosing information relating to the personal interests of a member or members of your immediate family, you are also certifying that you have provided a copy of this form to them, have explained the reasons and authority for the collection and recording of the information, advised them of the possibility that this information may be disclosed to other authorised persons, and obtained their consent to the information being provided. UNCONTROLLED IF PRINTED MILPERSMAN part 2 3H–2 Sensitive: Personal DECLARATION OF PRIVATE AND FINANCIAL INTERESTS 1. Do you, or any member of your immediate family, currently have, or have held in the past, any financial or private interests that could lead to a perception of or actual conflict of interest with your employment in Defence? This includes ownership of shares/investments, directorships, trusteeships or equity in other major assets or liabilities. NO YES (If yes, please specify) ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... 2. Do you, or any member of your immediate family, have any current or previous employment with any company or entity that has contractual relationships with Defence? NO YES (If yes, please specify) ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... Sensitive: Personal UNCONTROLLED IF PRINTED MILPERSMAN part 2 3H–3 Sensitive: Personal 3. Do you, or any member of your immediate family, have any close relationships with a person or company that conducts business with Defence that have developed from a private or working association that may be construed as a conflict of interest? NO YES (If yes, please specify) ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... ................................................................................................................................................................... I certify that the above statements are true and correct and understand that action under the Defence Force Discipline Act 1982 may occur if this information is not true and correct. I confirm that I shall advise my supervisor should a situation arise where an interest of mine, or an interest of a member of my immediate family of which I am aware, conflicts, or may reasonably be thought to conflict, with my public duty. I certify that where I have disclosed information relating to the personal interests of a member or members of my immediate family, I have provided a copy of this form to them, have explained the reasons and authority for the collection and recording of the information, advised them of the possibility that this information may be disclosed to other authorised persons and obtained their consent to the information being provided. ............................................................................. (Signature) ............................................................................. (Printed Name) / / (Date) Filing Instructions This statement is to be retained on file with the member's approved CFTS documentation. Sensitive: Personal UNCONTROLLED IF PRINTED MILPERSMAN part 3 CHAPTER 1 AUSTRALIAN DEFENCE FORCE POLICY ON INDIVIDUAL READINESS INTRODUCTION 1 1.1 1.1 The Australian Defence Force policy on individual readiness is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 1.2 The extant policy remains Defence Instruction (General) PERS 36–2—Australian Defence Force policy on individual readiness. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 3 CHAPTER 2 AUSTRALIAN DEFENCE FORCE MEDICAL EMPLOYMENT CLASSIFICATION SYSTEM INTRODUCTION 2 2.1 2.1 The Medical Employment Classification (MEC) system provides a consistent tri-Service approach to the application of medical fitness standards in the employment of Defence members. 2.2 The safe employment of Defence members through the application of MEC and associated restrictions is a critical component of military capability. The MEC system is a flexible framework to ensure that Defence members are employed within their maximum potential to the best advantage of both the Defence member and the Australian Defence Force (ADF). 2.3 The MEC system is an integral part of a workforce management construct which emphasises the inherent physical requirements and functional capacity to perform specific tasks necessary for employment in different operating environments. 2.4 The separate categories of MEC focus on deployability, employability and rehabilitation and are designed to provide flexibility for workforce managers to match Defence members against specific employment criteria in differing environments. POLICY STATEMENT 2.5 2.5 The ADF is committed to providing appropriate employment opportunities and rehabilitation for Defence members where a Defence member’s MEC is downgraded during their service. Where a Defence member can no longer be employed as a result of the Defence member’s MEC being downgraded, the ADF is committed to providing appropriate assistance and support during their transition to civilian life. DEFINITIONS 2.6 2.6 Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ contains common terms and definitions used throughout this chapter. Annex A provides a list of definitions and abbreviations that apply to this chapter. SCOPE 2.7 2.7 The purpose of this chapter is to specify employment policy for the ADF MEC system and to ensure that all Defence members are employed appropriately in accordance with this chapter. 2.8 This chapter is applicable to all Defence members. ROLES AND RESPONSIBILITIES 2.9 2.9 Service Chiefs and Group Heads are to ensure that internal procedures and practices for the management of MEC and the conduct of Medical Employment Classification Review Boards (MECRB) are conducted in accordance with this chapter. 2.10 Commander Joint Health is responsible for developing health policy and procedures to support the MEC system. 2.11 Competent, Credentialed and Authorised Health Professionals (CCAHP) are responsible for undertaking Medical Employment Classification Reviews (MECR) in accordance with this chapter and Health Manual (HLTHMAN), Volume 3—Retention Standards. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–2 2.12 Health Unit administrators are responsible for: a. raising and distributing Form PM 532—Medical Employment Classification (MEC) Advice (available on the Defence Web Form System) in accordance with HLTHMAN, Volume 3; and b. entering the electronic record of MEC in PMKeyS. 2.13 Career Management Agencies (CMAs)/Personnel Management Agencies (PMAs) are responsible for ensuring: a. Defence members are posted to positions that are compatible with the member’s MEC and restrictions; and b. the electronic record of MEC in PMKeyS is an accurate record of the Defence member’s most recent Form PM 532. 2.14 Commanders are to be proactive in the MEC management of Defence members under their command and are responsible for ensuring that they are employed within the limitations of their MEC restrictions. Commanders are to ensure they have sighted Form PM 532 for all Defence members with a MEC 2, 3, 4 or 5 and that they are aware of the relevant employment restrictions. 2.15 Defence members with medical and related employment restrictions are responsible for: a. having readily available a copy of the most recent Form PM 532 outlining the nature of their restrictions, and b. advising Commanders when proposed tasks may be contrary to their employment restrictions outlined in Form PM 532. MEDICAL EMPLOYMENT CLASSIFICATIONS 2.16 2.16 The allocation of MEC has implications beyond simply determining medical fitness for a deployed environment. Medical fitness will impact on decisions involving postings, training, rehabilitation, compulsory and voluntary transfers between employment groups, payment of specialist allowances, employment group skill grades, rate of salary and retention in the ADF. 2.17 A MEC is determined according to each Defence member’s primary military occupation. This assessment is made with consideration of the employment environment in which that occupation is performed. The allocation and management of MEC will therefore differ depending on the employment environment. Primacy of Medical Employment Classification 2.18 2.18 While Service specific requirements for the allocation of MEC apply, all single-Service documents with procedural or policy references to medical fitness are subordinate to this chapter. This chapter will prevail to the extent of any inconsistency. 2.19 Form PM 532 is the official and authoritative source of a Defence member’s MEC. The MEC allocation and accompanying employment restrictions detailed on Form PM 532 should take precedence over any other references to a Defence member’s MEC status and subsequent functional capacity to perform specific tasks. Form PM 532 should clearly state the nature of any employment restrictions in full. Paragraph 2.72 provides specific guidance concerning the primacy of medical restrictions where additional information or a deterioration of health occurs post determination by the MECRB. 2.20 In addition to the allocated MEC, a Defence member may also require additional short-term medical restrictions. Temporary employment restrictions imposed on a Defence member through Form PM 101—Medical or Dental Fitness Advice are to be applied together with any extant MEC restrictions. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–3 Privacy 2.21 2.21 Commanders only require access to details of a Defence member’s medical condition pertaining to the impact that this condition has on the Defence member’s employability and/or deployability. 2.22 Disclosure of health information to Commanders, or to Defence Units who administer a Defence member, is permitted for the purpose of personnel management. However, authorised personnel in ADF Health Facilities may only provide sufficient information to permit unit personnel to administer the Defence member appropriately and for Commanders to employ the Defence member without risk of further injury or exacerbation of their medical condition. This may include the location of the Defence member, expected time off work, likely changes to employability or deployability and occupational restrictions. Information disclosed should not include the diagnosis unless there are public health or public safety issues, and/or personal safety issues such as potential self-harm including any operational consequences. If medical information is released to Commanders for these purposes, the Defence member is to be informed of the disclosure. 2.23 The Defence member has the right for their Sensitive: Personal information to be managed in accordance with applicable legislation and Defence Instruction (General) (DI(G)) PERS 16–20—Privacy of health information in Defence. If a Defence member wishes to release Sensitive: Personal information to someone outside the Defence Health Service, then Form PM 609—Consent to Release Medical Information Relating to a Medical Employment Classification Review Board authorising the extent of release of the information, is to be signed by the Defence member. 2.24 All other documentation associated with the MEC system will be handled under the caveat of FOR OFFICIAL USE ONLY. Medical Employment Classification Groups and Sub-classifications 2.25 2.25 The MEC system has five levels. The five levels are defined within clearly delineated deployable and non-deployable categories as follows: a. MEC 1: Fully Employable and Deployable. b. MEC 2: Employable and Deployable with Restrictions. c. MEC 3: Rehabilitation. d. MEC 4: Employment Transition. e. MEC 5: Separation. 2.26 MEC are further defined environmentally as Joint, Maritime and Land. An outline description of the MEC sub-classifications is indicated below. Descriptions of each MEC with career/personnel management guidance are contained in Annex B. Medical Employment Classification 1—Fully Employable and Deployable 2.27 2.27 MEC 1 is for those Defence members who are classified as medically fit to participate across the full spectrum of military duties in both a deployed and non-deployed environment. Defence members who are classified as MEC 1 are eligible for the full range of posting and employment opportunities within the ADF. The MEC 1 sub-classifications are: a. MEC J11. Fully Employable and Deployable. b. MEC J12. Fully Employable and Deployable with an Identified Requirement for Limited Materiel Re-supply and/or minimal health surveillance/monitoring as defined. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–4 Medical Employment Classification 2—Employable and Deployable with Restrictions 2.28 2.28 MEC 2 addresses the employability of Defence members who are not able to perform the full range of military duties, but who may be able to undertake limited duties, dependent on the materiel and health support availability and physical requirements inherent in differing employment environments. 2.29 Defence members who are classified as MEC 2 are eligible for a range of posting and employment opportunities applicable to their employment group subject to specific employment restrictions as detailed in the Defence member’s Form PM 532. 2.30 Individual deployments for land or maritime environments may have specific physical requirements that preclude certain medical restrictions normally accommodated within the MEC 2 level. These requirements and precluded medical restrictions will be detailed in the relevant Health Support Order and Plan by Headquarters Joint Operations Command (HQJOC). Deployment of a Defence member with a MEC 2 in these circumstances will be at the discretion of HQJOC J07. For non-Force assigned elements on deployable environmental service (eg at Sea) deployment will be at the discretion of the relevant environmental command. 2.31 Joint. The first four sub-classifications are Joint classifications. They render a Defence member fit for employment across a range of military duties with defined limitations and/or required materiel support and/or defined access to prescribed health support: a. MEC J21. Restricted Deployment—Defined Limitations. b. MEC J22. Restricted Deployment—Defined Limitations and/or Required Materiel Support. c. MEC J23. Restricted Deployment—Defined Limitations and/or Required Materiel Support and/or Access to Health Support up to Medical Officer Support—reviewed at Unit Medical Employment Classification Review (UMECR) at least every two years. d. MEC J29. Limited Deployment—MECRB assigned only—Defined Limitations and/or Required Materiel Support and Defined Access to Role 2E Health Service. 2.32 Maritime. The next three sub-classifications are applicable to the Maritime environment. All are fit for employment within a wide range of military duties within the Maritime environment but with varying limitations as defined and/or with a requirement for specific materiel support and/or with defined access to a prescribed health support: a. MEC M24. Maritime Environment—Defined Limitations and/or Required Materiel Support and/or Access to Health Support—minimum of Advanced Medical Assistant or Nursing Officer support. b. MEC M25. Maritime Environment—Defined Limitations and/or Required Materiel Support and/or Access to Health Support—minimum of Clinical Manager. c. MEC M26. Maritime Environment—Defined Limitations and/or Required Materiel Support and/or Access to Health Support—minimum of Nurse Practitioner, Physician Assistant or Medical Officer Support (Fleet Medical Officer endorsed only). 2.33 Land. MEC L27 and MEC L28 are Land Environment classifications which will be applied for specific operational requirements. These requirements are determined by the level of combat duties that a Defence member may be required to engage in: a. MEC L27. Land Environment—Restricted Deployment—MECRB assigned only— Capable of performing limited offensive and full combat defence duties. b. MEC L28. Land Environment—Limited Deployment—MECRB only—Capable of performing combat defensive duties only. AL1 assigned UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–5 2.34 When making recommendations to the MECRB career/personnel managers will need to consider MEC J29, L27 and L28 in terms of whether: a. the Defence member possesses a skill/trade that has been identified by the CMA/PMA as highly desirable, or has reached a rank within an occupation that has been identified as difficult to replace and/or under strength; b. the Defence member’s medical condition does not place the Commonwealth under an unreasonably increased risk of liability should they continue to be employed; c. there is a suitable position or project for the Defence member to be employed in; and d. the retention of the Defence member does not materially affect the required level of Service preparedness and capability. Medical Employment Classification 3—Rehabilitation 2.35 2.35 All MEC 3 sub-classifications are defined as not fit for operational deployment. MEC 3 is for those medical conditions or injuries that are considered temporary and for which there is a reasonable expectation that the Defence member will return to a deployable status following a period of rehabilitation and recovery. Defence members allocated MEC 3 may be fit for specified field activities and for seagoing activities in accordance with individual rehabilitation programs as defined by the designated single-Service Medical Officer (MO), or delegate, in accordance with relevant health policy. 2.36 The MEC 3 sub-classifications are as follows: a. MEC J31. Rehabilitation—defined period up to 12 months. b. MEC J32. Extended Rehabilitation—MECRB assigned only—defined period up to 24 months. c. MEC J33. Pregnancy—defined period of up to 24 months. d. MEC J34. Temporarily Non-effective—defined period between 28 days and four months. 2.37 Defence members who are classified MEC 3 will receive active medical management and rehabilitation, if required. Career/personnel managers may take posting action in the following instances: a. on advice from the Defence member’s treating CCAHP to provide the Defence member with access to active medical management and rehabilitation; b. on request by the Defence member’s Commanding Officer (CO) for preparedness for operational reasons; c. on request by the Defence member’s CO when access to active medical management and rehabilitation is a critical consideration and is not available in current posted location. Prior to any posting request for this reason the CO must consult with the Director, Defence Clinical Services (DDCS) Joint Health Command (JHC) or representative to ensure that appropriate active medical management and rehabilitation is provided; or d. when it is deemed appropriate for career/personnel management purposes. CMAs/PMAs must ensure that the Defence member has access to active medical management and rehabilitation in their new posting. Any posting for this reason must be done in consultation with the DDCS or representative to ensure that appropriate active medical management and rehabilitation is provided. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–6 Medical Employment Classification 4—Employment Transition 2.38 2.38 MEC 4 is designated as an employment transition category that provides several options for the medium-term employment of Defence members who are no longer fully employable in their current employment group. Individual placement will be determined primarily by workforce planning and management considerations. A placement in a MEC 4 may result in: a. transition to a deployable MEC; b. transition to an alternate employment group; or c. a period of limited employment, based on Service requirements, prior to transition from the ADF. 2.39 A confirmed MEC allocation by the Central Medical Employment Classification Review (CMECR) of MEC J40 indicates that career/personnel management action through the MECRB is required. All MEC 4 sub-classifications render a Defence member unfit for operational deployment and joint exercises. Defence members may be fit for limited field and seagoing activities at the discretion of the designated single-Service MO in accordance with relevant health policy. 2.40 The MEC 4 sub-classifications are: a. MEC J40. Holding Temporary—Confirmation and allocation of suitable MEC classification pending MECRB determination. b. MEC J41. Alternate Employment—MECRB assigned only. c. MEC J42. Employment at Service Discretion—MECRB assigned only—Duration up to five years at any one time. d. MEC J43. Extended Transition—MECRB assigned only—Duration up to three years to support transition from the ADF. e. MEC J44. Extended Non-effective—MECRB assigned only—Not fit for work for a defined period between four and 12 months. 2.41 When making recommendations to the MECRB career/personnel managers will need to consider MEC J41, J42 and J43 in terms of whether: a. the Defence member possesses a skill/trade that has been identified by the CMA/PMA as highly desirable, or has reached a rank within an occupation that has been identified as difficult to replace and/or under strength; b. the Defence member’s medical condition does not place the Commonwealth under an unreasonably increased risk of liability should they continue to be employed; c. there is a suitable position or project for the Defence member to be employed in; and d. the retention of the Defence member does not materially affect the required level of Service preparedness and capability. Medical Employment Classification 5—Medically Unfit for Further Service 2.42 2.42 If a Defence member is not deemed suitable for employment within the MEC system then, as the termination initiating authority under the Defence (Personnel) Regulations 2002 (DPR 2002), the MECRB Chair will make a decision on whether to issue a termination notice to the Defence member on the basis that the Defence member is medically unfit, under regulations 85 (1)(a) or (1)(b) for officers, and 87 (1)(c) or (1)(d) for enlisted Defence members. 2.43 Placement in a MEC 5 is an administrative function. A Defence member will be automatically categorised as MEC 5 when the MECRB Chair decides to issue a termination notice on the basis that the Defence member is medically unfit. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–7 2.44 The MEC 5 sub-classifications are: a. MEC J51. Not Employable on Medical Grounds—Medically unfit and not employable other than within applicable restrictions in the period leading up to termination. b. MEC J52. Not Employable on Medical Grounds—Non-effective and unable to be employed in the period leading up to termination. Specialist Employment Classification 2.45 2.45 In addition to the MEC, a Specialist Employment Classification (SPEC) is required to amplify employment restrictions for specialist employment stream Defence members in the employment categories of Aircrew (A), Joint Battlefield Airspace Controller (JBAC) (C), Diver (D), Parachutist (P) and Submariner (S). 2.46 All specialist employment stream Defence members will have a SPEC classification in addition to their MEC; for example, MEC J11 A1. The SPEC and associated restrictions are defined in Annex C. Australian Defence Force Individual Readiness 2.47 2.47 A Defence member’s MEC will impact on the certification of individual readiness (IR) (prescribed standard of physical, medical and dental fitness in accordance with MILPERSMAN, Part 3, Chapter 1—‘Australian Defence Force policy on Individual Readiness’ (formerly DI(G) PERS 36–2). Commanders may determine the medical component of IR of a Defence member by referring to the latest MEC and employment restrictions annotated on Form PM 532. When in doubt, a CCAHP should be consulted. Air and sea transit 2.48 2.48 For non-aircrew Defence members, any conditions which have the effect of rendering them temporarily medically unfit for flying as a passenger are to be covered by annotating such restrictions on a Form PM 101. 2.49 For Defence members not posted to a seagoing unit but identified for transit in Her Majesty’s Australian Ships, any conditions which have the effect of rendering them temporarily medically unfit for transit by sea are to be covered by annotating such restrictions on Form PM 101. 2.50 All Defence members must be assessed for air and sea transit activities in accordance with paragraphs 2.87.a.–d. and paragraphs 2.92–2.95 of this chapter. ALLOCATION AND REVIEW OF MEDICAL EMPLOYMENT CLASSIFICATION Allocation 2.51 2.51 2.51 Initial entry. On entry to the ADF, Defence members will be allocated a MEC applicable to their respective employment environment, and, where applicable employment group. In general, Defence members who are enlisted or appointed to the ADF should be MEC 1. However, MEC 2 entrants may be accepted at the discretion of the relevant single-Service. 2.52 Trainees. As a general principle recruits, initial employment trainees and officer trainees are to be MEC 1 throughout their training. Suitability for continued training at MEC 2 or MEC 3 is a command decision. 2.53 If a trainee sustains an injury or illness that results in MEC downgrade to a classification that will preclude the trainee from completing training within the prescribed time frame, where the CO of the training facility considers the Defence member no longer suitable for continued service, the trainee is to be managed in accordance with the separation guidelines contained in this chapter. 2.54 Employment group transfers. Defence members with employment restrictions may transfer to another employment group subject to Service need and an assessment by a CCAHP against the demands of the intended occupation. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–8 2.55 Inter-Service transferees. Defence members should usually be a minimum standard of MEC 2 to be considered for inter-Service transfer in the ADF. The decision to allow an inter-Service transfer is to be made by the relevant delegate of the Chief of the gaining Service. 2.56 Transfer to Reserve Forces. Typically, a condition of transferring from the permanent to the Reserve Forces is that an Defence member be MEC 1 or MEC 2. Any transfer under a differing MEC is to be considered by CMA/PMA in accordance with single-Service requirements. Medical Employment Classification Review 2.57 2.57 As a general principle, the MEC and any associated employment restrictions of Defence members is to be assessed as part of their health care. For example, whenever a Defence member presents to an ADF Health Facility or is hospitalised, ADF Health Facility personnel should assess the appropriateness of the Defence member’s existing MEC. Specific classification review procedures apply to specialist employment streams in accordance with HLTHMAN, Volume 3. 2.58 CCAHP must initiate or cause to be initiated timely MECR action, if required. MECR action shall not be delayed or postponed until the next scheduled health assessment or a review of the current MEC is due. 2.59 Medical Employment Classification Review. A MECR is conducted by a CCAHP to determine the Defence member’s medical status with respect to employment and deployment. There are two types of MECR: a. UMECR. A UMECR is conducted and confirmed locally, and is only performed where a Defence member’s long-term fitness for employment and deployment are not in doubt. UMECR is to be conducted in accordance with the procedures outlined in HLTHMAN, Volume 3. b. CMECR. A CMECR is to be conducted in circumstances where longer term fitness for employment and deployment are in doubt. A CMECR is to be convened in accordance with HLTHMAN, Volume 3. The purpose of a CMECR is to provide a full assessment of the Defence member’s capabilities and disabilities so that the Chair of the MECRB can make a determination on the Defence member’s employment suitability. It is the responsibility of the ADF Health Facility conducting the CMECR to collect the documentation required for a MECRB, including, but not limited to: (1) medical advice; (2) Form PM 609; (3) Medical Employment Classification Review Record subject to authorisation in paragraph 2.59. b.(2); (4) Form AD 524—Member’s Health Statement (MHS); and (5) Form AD 523—Workplace Disability Report (WDR). 2.60 Provision of the CMECR documentation should be submitted within 14 days to the Staff Officer Grade 1 Medical Services JHC. However, failure through action or inaction to submit the required supporting documentation will not delay provision of the CMECR to the MECRB. This time period may be varied by the Chair of the MECRB. 2.61 Commanders can refer a Defence member to a CCAHP at any time for consideration or assessment of MEC where there are doubts concerning the appropriateness of the Defence member’s current MEC or fitness for deployment or employment. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–9 MEDICAL EMPLOYMENT CLASSIFICATION REVIEW BOARD 2.62 2.62 The purpose of the MECRB is to enable an employment review to be conducted that properly informs the MECRB Chair of the relevant matters to be considered in: a. assessing the employability of the Defence member; b. endorsing, amending or allocating a MEC as required; c. endorsing, amending or allocating employment restrictions appropriate to the Defence member’s MEC; and d. in those circumstances, where relevant, the MECRB Chair, as the termination initiating authority under the DPR 2002, makes a decision on whether to issue a termination notice on the basis that the Defence member is no longer employable on medical grounds. 2.63 A flow-chart depicting the process for the conduct and review by a MECRB is contained in Annex D. 2.64 Primacy of MECRB Determinations. Confirmation of a MEC placement by a MECRB is a personnel management decision based on medical recommendations and determined by workforce planning and management considerations. These decisions provide the basis for occupational training and rehabilitation, career management, postings or termination. The decisions are informed by medical advice concerning the Defence member’s functional capacity for continued employment in the ADF. The employment caveats imposed by a MECRB are not to be overridden by commanders or a CCAHP and can only be varied by further determination of the Board. 2.65 Notwithstanding paragraph 2.64., Chief of Joint Operations HQJOC may override the general categorisation of non-deployable for MEC 3 and 4 and deploy a Defence member for a specific operational requirement in exceptional circumstances where there is an almost certain likelihood that safety, security, personnel or mission accomplishment would be catastrophically impacted otherwise. 2.66 MECRB Determinations Principles. MECRB determinations should be made according to the following principles: a. Individual consideration. Each case is to be considered on its merits having regard to the direct impact of the Defence member’s medical condition on their employability. b. Classification by employment group. In addition to the considerations in paragraph 2.66.a., the MEC is determined according to the Defence member’s current military employment group. This assessment should also be cognisant of the employment environment in which that occupation may be performed and of the additional tasks which an individual could reasonably be expected to perform as part of their duties. c. Primacy of the MECRB. The final decision of a Defence member’s MEC in each case rests with the Chair of the MECRB, and is a career/personnel management decision, rather than a medical decision. The Chair may use their discretion in the weighting of medical advice provided against the exigencies of the Service (a documented risk management decision). d. Service requirements. The ADF has a finite workforce that must be capable of meeting Service requirements to achieve its mission both domestically and operationally. In recognition that Defence members who cannot be fully employed may still provide a level of service to the ADF it is possible to retain a Defence member where a Service need exists. Such consideration should be made with due consideration that employment of the Defence member can be reasonably accommodated within the imposed employment restrictions of a defined MEC. e. Procedural fairness. An adherence to the principles of procedural fairness. f. Rights of representation. A Defence member has the right of representation against a MECRB decision within 28 days of notification of the MECRB assigned classification. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–10 Referral to a Medical Employment Classification Review Board 2.67 2.67 MECRB decision is required to endorse the sub-classifications of MEC J29, MEC L27, MEC L28 and MEC J32 and to allocate a MEC where a Defence member is allocated MEC J40 at CMECR. 2.68 Where a Defence member has been MEC J31 for greater than 12 months or MEC J34 for greater than four months a MECRB decision is required for ongoing management. 2.69 In addition to the requirement for MEC sub-classifications outlined above, individual Defence members may be referred to a MECRB as required by the CMA/PMA. 2.70 Units and Defence members do not have the authority via action or inaction to delay or cease progress of referral of a Defence member’s MEC to the MECRB. 2.71 If, after a CMECR has been forwarded for MECRB determination, the Defence member’s health status changes, a supplementary MECR is to be raised and referred for MECRB determination. Unit CCAHP do not have the authority to formally amend a MEC once CMECR paperwork has been submitted for MECRB consideration or alter a MECRB decision. The provisional MEC is not to be entered on PMKeyS. 2.72 Where a Defence member develops a new condition necessitating additional restrictions or MEC 3, and it is anticipated that the Defence member will return to their previous MEC within the allocated time frame, then MECRB referral is not mandatory. MECRB referral in these circumstances may be initiated at the discretion of the treating CCAHP and/or confirming authority. Medical Employment Classification Review Board membership 2.73 2.73 The following will comprise the membership of the MECRB: a. Chairperson. The Chair of the MECRB is appointed by the Director-General Career Management/Personnel Management within the respective single-Service headquarters. The Chair is the final decision-maker of all MECRB considerations including the classification of a Defence member in the MEC 1 to MEC 4 levels or to issue the Defence member with a termination notice. In order to issue this notice the Chair must hold the relevant Governor-General or Service Chief delegations. b. Medical. Authorised JHC representative (MO only). c. CMA/PMA. Authorised CMA/PMA representative. d. Secretary. The Chair will appoint a Secretary who is responsible for the administration of the MECRB processes and communicating the outcomes of the MECRB decision. e. Other Defence members as deemed relevant by the Chair. Conduct of a Medical Employment Classification Review Board 2.74 2.74 MECRBs may be conducted in-session or out-of-session. When the documentary evidence has been collated by the MECRB Secretary the case should be presented to the Chair to determine the conduct of the MECRB as appropriate to the Defence member’s individual circumstances and in accordance with single-Service requirements. 2.75 In accordance with the principles of natural justice and procedural fairness set out in Australian Defence Force Publication (ADFP) 06.1.3—Guide to Administrative Decision-Making, a Defence member has the right to access the WDR and CMECR advice that is being provided at the MECRB so they can address specific considerations in their MHS to the MECRB. The MECRB must ensure that the Defence member has the opportunity to respond to any additional information, including opinions and recommendations provided to the MECRB after the Defence member has submitted their MHS. 2.76 Information for consideration. The Chair of the MECRB must consider all relevant information. Annex E describes that information generally considered relevant to the MECRB decision making process. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–11 2.77 Notification. A MECRB decision and the right of representation in relation to that decision, should be communicated to the Defence member within 14 days of the decision being made. The notification should provide a summary of what was considered in the MECRB deliberations. 2.78 MECRB Determinations. The MECRB Chair can: a. allocate a MEC between MEC 1 to MEC 4; or b. issue a termination notice in accordance with the DPR 2002, MILPERSMAN, Part 10, Chapter 4—‘Termination of service in the Australian Defence Force’ (formerly DI(G) PERS 03–4) refers. A Defence member will be allocated an administrative MEC 5 as a consequence of this action. 2.79 If the terminating authority decides not to proceed with a Defence member’s termination the Defence member will be referred back to the MECRB for re-classification. Medical Employment Classification Review Board Review 2.80 2.80 All Defence members who have been allocated a MECRB-only assigned MEC must be reviewed prior to the expiration of their assigned MEC or when their employability significantly changes to ensure that their MEC remains an accurate assessment of their employment restrictions. These Defence members will also be reviewed by a CCAHP as required for management of their medical condition. 2.81 MECRB review of specialists. Referral to a MECRB required for specialist employment streams is in accordance with single-Service procedures and HLTHMAN, Volume 3. Communication 2.82 2.83 2.84 2.82 CMAs/PMAs are to ensure that formal MECRB determination is provided in writing to the: a. Defence member; b. CO; c. Unit Medical Record (through the CMECR confirming authority); and d. JHC. In addition, CMAs/PMAs are to communicate the MECRB determination, as required, to the: a. designated single-Service MO; b. Specialist Advisor where these personnel are in the advice chain for specialist employment stream MECRBs; and c. Defence Transition Agency. When informed of the MECRB decision, the Defence member’s Commander is to ensure that: a. the Defence member is counselled on the implications for their employment and career. For Defence members determined to be MEC 4, this is to be done by the CO; b. the Defence member is employed in accordance with the specified employment restrictions; and c. appropriate personnel management and other administrative action is taken. PERSONNEL MANAGEMENT 2.85 2.85 The routine employment of Defence members is a command function. Commanders are to actively manage the employment of their Defence members within their command in terms of their MEC and associated employment restrictions. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–12 2.86 In addition to the MEC system, all employment of Defence members is subject to ADF policy on Work Health and Safety, as detailed in the Defence Safety Manual (SAFETYMAN), or Defence Work Health and Safety Manual (Defence WHS Manual) and the relevant single-Service instructions. Change in employment environment 2.87 2.87 Commanders should give due consideration to the functional capacity of individual Defence members with employment restrictions to perform specific tasks and duties whenever there is a change in the Defence member’s employment environment. Changes to the employment environment may include, but are not limited to, circumstances such as: a. an operational deployment; b. a posting to a new geographic locality that differs appreciably from current posted location in terms of climatic conditions and/or access to support services; c. participation in an activity in a different Service environment (eg an infantry soldier participating in a sea transit activity); and d. involvement in a planned Defence endorsed activity or course. Employment restrictions 2.88 2.88 Employment restrictions imposed on a Defence member at a MEC review provide advice to the Defence member, the Defence member’s commander and CMAs/PMAs, to assist with the employment decisions pertinent to the Defence member. Employment restrictions are limitations imposed on a Defence member as a consequence of a medical condition. Employment restrictions are defined in HLTHMAN, Volume 3 and recorded on a Defence member’s Form PM 532. 2.89 These restrictions are a critical component in ensuring the safe employment of Defence members. Commanders must ensure that Defence members are not employed, or participate in Defence endorsed activities, in a manner beyond the scope and limitation of their employment restrictions. 2.90 For those Defence members under MECRB management commanders are not to override the MECRB employment caveats. 2.91 COs are to ensure that Defence members within their command: a. are actively managed in terms of their MEC, especially during the transition from MEC 4 to separation from the ADF; b. are individually counselled on all aspects of the MEC review process and its consequent likely impact on the Defence member’s career; c. are given appropriate assistance and provided with copies of all relevant documentation in the submission of an appeal against a MECR or MECRB decision; d. receive advice from a Service legal officer, if necessary; and e. are advised to make appropriate military compensation claims with ComSuper and/or Veterans’ entitlements claims with the Department of Veterans’ Affairs (DVA) if the Defence member considers the medical condition attributable to ADF service. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–13 Risk management 2.92 2.92 A risk management approach is to be applied at all levels of the MEC system when making employment decisions, with particular emphasis on the potential for deterioration of a Defence member’s functional capacity and the associated consequences. 2.93 The decision on the employment of Defence members is ultimately a command responsibility based, in part, on professional medical advice. When a decision to employ a Defence member beyond the scope of their employment restrictions is made, commanders are to ensure that a suitable risk assessment is conducted in accordance with single-Service procedures and recorded in writing. Such a risk assessment must include reference to the CCAHP’s advice in relation to the risk to health and safety that may arise where the Defence member performs tasks beyond the scope of their employment restrictions. 2.94 In circumstances where commanders are unsure of the medical fitness of a Defence member to undertake a particular activity, or where there has been a significant change to the employment environment, they should seek advice from a CCAHP as to whether the Defence member is medically fit to participate in such activities. A formal medical risk assessment may be requested as part of this process in accordance with relevant health policy. 2.95 For any activities supported by a written medical plan, commanders are to ensure the plan is consistent with the overall risk assessment, and that all critical assumptions regarding the level of available health support are confirmed, with appropriate detail included to facilitate access to that health support. SEPARATION 2.96 2.96 The MECRB Chair can initiate separation where they consider the Defence member to be medically unfit for further service, in accordance with regulations 85 (1)(a) or (1)(b) for officers, and 87 (1)(c) or (1)(d) for enlisted Defence members of the DPR 2002. Termination procedures are to accord with DPR 2002 and with MILPERSMAN, Part 10, Chapter 4 (formerly DI(G) PERS 03–4). The terminating authority, who makes the final decision on termination, must be a different person from the MECRB Chair, and should not have been involved in the MECRB decision. 2.97 Trainees. If a training establishment considers a recruit/initial employment trainee/officer trainee unsuitable for further training as a result of injury or illness, then the Defence member should be downgraded to an appropriate MEC and consideration given to terminate in accordance with the relevant DPR 2002. This procedure can be followed without referral to a MECRB. 2.98 However, where medical advice indicates that, as a result of the injury or illness sustained during training, the Defence member is likely to suffer some degree of permanent impairment or incapacity, then the Defence member must be referred to MECRB with a recommendation for termination as medically unfit. Other considerations 2.99 2.99 Where separation results from the MECRB process the Services should make all reasonable efforts to ensure that the Defence member’s separation administration is completed prior to separation date. 2.100 Where a Defence member allocated MEC 4 by the MECRB requests early separation and the relevant delegate issues a termination notice then the Defence member will be administratively moved to MEC 5. 2.101 Separation assistance. ADF Transition Centres are responsible for assisting all separating Defence members to access information relevant to their needs as well as transition administration. ADF Transition Centres: a. provide information on, and link Defence members into, Defence and other government support services, such as the ADF Rehabilitation Program, Defence Community Organisation, DVA, ComSuper and Centrelink; b. advise on Defence procedures, such as choosing separation dates; AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–14 c. assist and ensure that Defence requirements, such as Separation Health Examinations are completed prior to the Defence member’s date of separation; and d. assist the Defence member and their family with becoming separation ready. REPRESENTATION 2.102 2.102 There are three opportunities to either represent against the medical decision of a MEC or against the employability decision of a MECRB during the MEC process. These are: a. UMECR/CMECR—representation; b. MECRB—representation; and c. Redress of Grievance (ROG) DI(G) PERS 34–1—Redress of Grievance—Tri-Service Procedures refers. 2.103 Defence member representation—UMECR/CMECR. A Defence member may represent against the decision of a UMECR/CMECR. Intent of such a representation must be notified in accordance with the procedures outlined in HLTHMAN, Volume 3. 2.104 Defence member representation—MECRB. A Defence member may represent against a MECRB decision of MEC 1, 2, 3 or 4. This representation must be made, in writing, within 28 days of the decision being notified to the Defence member. This time frame may only be varied by the Chair. For Defence members administratively allocated a MEC 5 see paragraph 2.109. 2.105 CO’s representation—UMECR/CMECR. A CO may represent against the decision of a UMECR/CMECR. Such a representation should be notified to the Senior MO or Senior Health Officer, as appropriate, in accordance with the procedures outlined in HLTHMAN, Volume 3. 2.106 CO’s representation—MECRB. A CO may represent against the decision of a MECRB of MEC 1, 2, 3 or 4—paragraph 2.104 refers. 2.107 Rights of representation. The following principles should be applied as part of the representation process: a. a representation must be submitted within 28 days of being notified of the MEC decision, b. all documentation relevant to the decision must be made available to the Defence member when the decision is notified to them in order for them to make their representation, c. representations against MECRB determinations and a decision made by the Chair of the MECRB are to be heard by a MECRB, and d. extensions to lodge a representation may be granted by the Chair of the MECRB upon application where reasonable circumstances exist. 2.108 ROG. A Defence member who disagrees with a MEC decision that applies to them should, in the first instance, submit a representation against the decision in accordance with this chapter. Nevertheless, a Defence member may submit a ROG to their CO, in accordance with DI(G) PERS 34–1 if they are dissatisfied with a decision to classify a Defence member as MEC 1, 2, 3 or 4. A ROG cannot be submitted against a termination notice, as issued by the MECRB Chair, but can be submitted against a final termination decision. 2.109 Separation. Where the MECRB Chair’s decision is to issue a termination notice and allocate administratively a MEC 5, a Defence member may provide a statement of reasons as to why their service should not be terminated, as provided for in DPR 2002 and MILPERSMAN, Part 10, Chapter 4 (formerly DI(G) PERS 03–4). 2.110 Defence contract managers must include the requirement that External Service Providers must comply with this chapter in the terms of the contract. Failure by an External Service Provider to comply with this chapter may result in a breach of contract. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2–15 Related publications 2.111 Work Health and Safety Act 2011 Defence (Personnel) Regulations 2002 ADFP 06.1.3—Guide to Administrative Decision-Making The System of Defence Instructions Manual (SoDIMAN) MILPERSMAN, Part 3, Chapter 1—Chapter 1—‘Australian Defence Force policy on Individual Readiness’ (formerly DI(G) PERS 36–2) MILPERSMAN, Part 10, Chapter 4—‘Termination of service in the Australian Defence Force’ (formerly DI(G) PERS 03–4) DI(G) PERS 16–1—Health care of Australian Defence Force personnel DI(G) PERS 16–20—Privacy of health information in Defence DI(G) PERS 16–22—Australian Defence Force rehabilitation program DI(G) PERS 34–1—Redress of Grievance—Tri-Service procedures DI(G) OPS 22–2—Temporary Medical Unfitness for Flying and Aircraft Control Duties (Aircrew, Air Traffic Controllers and Air Combat Officers) Health Directive (HD) 235—Management of pregnant members of the Australian Defence Force HD 282—Risk Analysis of Medical and Psychological conditions HLTHMAN, Volume 3—Retention Standards Australian Book of Reference (ABR) 6303—Navy Safety Systems Manual ABR 1991, Volume 1—Royal Australian Navy Health Services Manual Defence Instruction (Army) (DI(A)) PERS 33–11—Army Casualty Administration and Support Framework DI(A) PERS 159–1—The Application of the Medical Employment Classification System and PULHEEMS Employment Standards in the Australian Army Defence Instruction (Air Force) OPS 2–1—Aircrew—qualifications, categorisation and employment Australian Air Publication 6730.001—Air Force Safety Manual Defence Safety Manual (SAFETYMAN) or Defence Work Health and Safety Manual (Defence WHS Manual) Annexes: A. Definitions B. Medical Employment Classification—descriptions, employment and career management considerations C. Specialist Employment Classification Table D. Medical Employment Classification Review Board conduct and review flow chart E. Medical Employment Classification Review Board Conduct—Consideration of Information Sponsor: DGPPEC (DMPP) AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 ANNEX A TO CHAPTER 2 DEFINITIONS 1. A For the purposes of this chapter, the following definitions apply: a. Advanced Medical Assistant (AMA). For the purposes of this policy the term AMA is applicable to Advanced Medical Assistants, Medical Technicians, Medical Sailors and enrolled nurses. b. Air and sea transit. Temporary movement of Australian Defence Force (ADF) personnel for the purposes of conducting a specific task not related to the mode of transport. Air and sea transit represents a change in the Defence member’s employment environment and needs to be considered on an individual basis. c. Australian Defence Force Health Facility. An ADF Health Facility is a health facility established to provide health care to Defence members. d. Central Medical Employment Classification Review. Conducted by a Medical Officer where Medical Employment Classification Review Board (MECRB) determination is required. e. Clinical Manager (CM). A CM is a Royal Australian Navy (RAN) Senior Medical Sailor who has completed the RAN Clinical Managers Course. The CM performs specialist clinical and emergency health care, including Advanced Cardiac Life Support under direct or indirect supervision of a Medical Officer. f. Competent, Credentialed and Authorised Health Professional. The term Competent, Credentialed and Authorised Health Professional refers to: (1) any Medical Officer (as defined in paragraph 1.t.); and (2) a Nurse Practitioner (as defined in paragraph 1.x.) who is appropriately accredited and authorised as competent by Commander Joint Health or delegate to perform specific extended roles. g. Defensive Combat Duties. Duties in a combat environment designed to protect personnel, equipment or area locations from attack. Includes counter-attack actions. h. Designated single-Service Medical Officer. Fleet Medical Officer or delegate; Director Army Health or delegate; officer-in-charge Health Services Wing or delegate. i. Employable. A Defence member with the functional capacity to perform the duties of their employment group in accordance with their Medical Employment Classification (MEC). j. Employment environment. The combination of those conditions, circumstances, influences and characteristics in which a Defence member is expected to perform the duties of their employment group. The nature of the employment environment will be affected by the three elements of geographic locality, extent of tasks to be performed and access to support services. k. Employment group. Service specific job classifications applied to a Defence member. Employment group incorporates the following terminology and relates to: trade, specialisations, category, mustering, primary qualification and skills. l. Employment restrictions. Employment restrictions are those limitations on the functional capacity of the Defence member to perform ADF tasks and/or be employed in varying geographical locations. These restrictions are informed by the Defence member’s medical status. m. Field activities. Activities conducted away from an established, permanent facility where there is a variation and consequent hardship in the following elements: (1) living conditions; (2) working conditions; AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2A–2 (3) eating arrangements; (4) leisure; (5) facilities/services; and (6) hours of work. n. Fleet Medical Officer. Navy’s designated single-Service Medical Officer. o. Health Support. Defined as the full range of health services available from the most basic first aid to the most advanced specialist level care. A Defence member’s employability needs to be matched to the level of health support available in all environments that they will be employed in, including on deployment. p. In-session MECRB. An in-session MECRB is where the MECRB membership collectively meets to discuss and consider an individual case. q. Land environment. An environment where the majority of activities are performed by land forces on land. r. Maritime environment. For the purpose of the chapter, the term ‘maritime environment’ refers to either a land based Defence workplace in support of, or actual service aboard a seagoing Defence workplace. Sea going Defence workplaces may include surface vessels, aircraft operating from surface vessels, subsurface platforms or work that entails diving underwater or within hyperbaric chambers. It may also include contracted commercial enterprises that utilise Defence members, in support of these workplaces. The general principles for determining the MEC status of ADF personnel who work in a maritime environment are in Australian Book of Reference (ABR) 1991—Royal Australian Navy Health Services Manual, Volume 1, Chapter 8, Annex A—Medical Employment Classifications for the Maritime Environment—General Principles’. s. Materiel support. Defined as any pharmaceutical, consumable, equipment or device that supports, controls or manages a Defence member’s medical condition. t. Medical Officer. A registered medical practitioner authorised to provide medical services to the ADF—civilian and military. u. Medically Unfit. A Defence member who no longer has the functional capacity to perform the duties of their employment group in accordance with their MEC. v. Member’s health statement. A statement by the Defence member outlining their understanding and views on the effects of their medical condition on their ability to undertake their military duties, and any comments they may wish to make on their medical, administrative management and employability. w. Nursing Officer. A qualified nurse registered in Australia who is a Defence member, or is recognised by any agreement, which may be in place between Defence and other parties. x. Nurse Practitioner (NP). A NP is a Registered Nurse who has completed specific advanced nursing training and education (Masters degree) and is authorised to function autonomously and collaboratively in an advanced and extended clinical role. NP are registered as a NP with the relevant registration authority. y. Non-deployable. A Defence member who no longer has the functional capacity to perform the duties of their employment group and who due to a medical condition is incapable of meeting the individual readiness requirements of the individual Service. z. Non-effective on medical grounds. When a Defence member, due to illness or injury has been, or is likely to be, absent from duty for a period exceeding 28 days, the Defence member is to be classified as non-effective on medical grounds. aa. Offensive combat duties. Duties in a combat environment where ADF—initiated action against enemy combatant, equipment or facilities is expected. Includes close-quarter combat environments and remote combat environments. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2A–3 ab. Out-of-session MECRB. Where the MECRB membership individually considers a case and provides advice to the MECRB Chair. Consideration to conduct an out-of-session MECRB is made by the MECRB Chair. ac. Rehabilitation. Rehabilitation is a key component for facilitating the return of a Defence member to full employability in their employment group as soon as is practicable after injury or illness, where possible. Guidance with respect to the ADF policy on rehabilitation is contained in Defence Instruction (General) PERS 16–22—Australian Defence Force rehabilitation program. ad. Seagoing service. Any permanent, long and short-term postings, local area movements and sea-riding on any platform that is designed for voyages on the sea. MEC guidance with respect to seagoing service is in ABR 1991, Volume 1, Chapter 8— ‘The Australian Defence Force Medical Employment Classification System and the Royal Australian Navy’. Seagoing service does not include sea transit. ae. Workplace Disability Report (WDR). The WDR is a statement by the Commanding Officer concerning a Defence member who is undergoing a MECRB. The WDR provides comment on the ability of the Defence member to perform their duties and provides recommendations in regard to future employment of the Defence member. For Defence members employed in non-Service programs the Director or equivalent should complete the WDR. AL1 • Career Management Considerations No specific career management implications. Fit for employment across the full range of military duties in current employment group within employed service environment. AL1 An example of material resupply items in this classification includes prescription eyewear. An identified requirement for minimal health surveillance/monitoring as defined. • • • No specific career management implications. An example of minimal health surveillance/monitoring is the requirement for annual skin check with no other ongoing treatment requirements An identified requirement for limited material resupply that is not considered time critical and does not degrade the Defence member’s ability to perform designated tasks. • • Fit for employment across the full range of military duties in current employment group within employed service environment. • • • Employment Considerations Career Management Considerations Generic career management guidance is provided in accordance with paragraphs 2.28.–2.30. of this chapter. Fit for employment across a wide range of military duties in current employment group within the employed service environment, but with limitations on the range of duties able to be performed, as detailed in the Defence member’s Form PM 532—Medical Employment Classification (MEC) Advice available on the Defence Web Forms System. Medical Employment Classification J21—Restricted Deployment—Defined Limitations MEDICAL EMPLOYMENT CLASSIFICATION 2—EMPLOYABLE AND DEPLOYABLE WITH RESTRICTIONS Career Management Considerations Employment Considerations Medical Employment Classification J12—Fully Employable and Deployable—No Restriction/Some Requirement • Employment Considerations Medical Employment Classification J11—Fully Employable and Deployable—No Restriction/No Requirement MEDICAL EMPLOYMENT CLASSIFICATION 1—FULLY EMPLOYABLE AND DEPLOYABLE 2 2.2 2.1 1 1 UNCONTROLLED IF PRINTED MILPERSMAN part 3 ANNEX B TO CHAPTER 2 MEDICAL EMPLOYMENT CLASSIFICATION—DESCRIPTIONS, EMPLOYMENT AND CAREER MANAGEMENT CONSIDERATIONS B Generic career management guidance is provided in accordance with paragraphs 2.28–2.30. of this chapter. And/or required materiel support, as detailed in the member’s Form PM 532. • • Fit for employment across a wide range of military duties in current employment group within the employed service environment, but with limitations on the range of duties able to be performed, as detailed in the member’s Form PM 532. • 2.2 2.2 Career Management Considerations Employment Considerations AL1 And/or access to Health Support up to Medical Officer support. Reviewed at Unit Medical Employment Classification Review at least every two years. • • Generic career management guidance is provided in accordance with paragraphs 2.28–2.30. of this chapter. And/or required materiel support, as detailed in the Defence member’s Form PM 532. • • Fit for employment across a wide range of military duties in current employment group within the employed service environment, but with limitations on the range of duties able to be performed, as detailed in the Defence member’s Form PM 532. • Medical Employment Classification J23—Restricted Deployment—Defined Limitations and/or Required Materiel Support and Defined Access to Health Facility Career Management Considerations Employment Considerations Medical Employment Classification J22—Restricted Deployment—Defined Limitations and/or Required Materiel Support UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–2 Generic career management guidance is provided in accordance with paragraphs 2.28.–2.30. and paragraph 2.34.a.–d. of this chapter. • Fit for duty in regional, overseas or health supported operating base localities with access to role 2E health support. • This is a joint classification allocated to personnel with identified medical requirements that restrict full employment in their current employment group, but who are deemed fit for duty in regional, overseas or health supported operating base localities with access to a role 2E health facility. J29 is applied as a restricted deployable classification to locations outside a specified area of operations not covered by land or maritime environment classifications. And/or required materiel support, as detailed in the Defence member’s Form PM 532. • • Fit for employment across a limited range of military duties in current employment group within the employed service environment, but with limitations on the range of duties able to be performed, as detailed in the Defence member’s Form PM 532. • AL1 Career Management Considerations Employment Considerations Fit for seagoing service with access to Advanced Medical Assistant or Nursing Officer support. • Generic career management guidance is provided in accordance with paragraphs 2.28.–2.30. of this chapter. And/or required materiel support, as detailed in the Defence member’s Form PM 532. • • Fit for employment across a wide range of military duties in current employment group within the maritime environment, but with limitations on the range of duties able to be performed, as detailed in the Defence member’s Form PM 532. • Medical Employment Classification M24—Maritime Environment—Defined Limitations and/or Required Materiel Support Career Management Considerations Employment Considerations Medical Employment Classification J29—Limited Deployment—Medical Employment Classification Review Board assigned only—Defined Limitations and/or Required Materiel Support and Defined Access to Role 2E Health Support 2.2 2.2 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–3 Fit for seagoing service with access to role 1 health facility with minimum of Clinical Manager. • Generic career management guidance is provided in accordance with paragraphs 2.28.–2.30. of this chapter. And/or required material support as detailed in the Defence member’s Form PM 532. • • Fit for employment across a wide range of military duties in current employment group within the maritime environment, but with limitations on the range of duties able to be performed, as detailed in the Defence member’s Form PM 532. • Career Management Considerations Employment Considerations AL1 Must be endorsed by the Fleet Medical Officer (FMO). • Generic career management guidance is provided in accordance with paragraphs 2.28.–2.30. of this chapter. Only applies to Defence members who would otherwise be considered unfit for sea, but for whom a critical requirement has been identified for a specific skill set in a defined environment for a finite time period not exceeding 12 months. • • Fit for seagoing service with access to role 1 health facility with minimum of Nurse Practitioner, Physician Assistant or Medical Officer support. • M26 is applied only for the duration of the service being undertaken, ie for a specific deployment, not exceeding 12 months. And/or required material support as detailed in the Defence member’s Form PM 532. • • Fit for employment across a wide range of military duties in current employment group within the maritime environment, but with limitations on the range of duties able to be performed, as detailed in the Defence member’ Form PM 532. • Medical Employment Classification M26—Maritime Environment—Defined Limitations and/or Required Materiel Support and/or Access to Health Support (Fleet Medical Officer endorsed only) Career Management Considerations Employment Considerations Medical Employment Classification M25—Maritime Environment—Defined Limitations and/or Required Materiel Support and/or Access to Health Support 2.2 2.2 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–4 Fit for restricted operational deployment and field exercises as follows: • Defence members must be capable of performing limited offensive and full combat defensive duties. Fit for employment across a wide range of military duties in current employment within the land environment. Generic career management guidance is provided in accordance with paragraphs 2.28.–2.30. and paragraph 2.34.a.–d. of this chapter. • • – Employable in full defensive combat duties. – Employable in limited offensive combat duties as required. Fit for employment across a wide range of military duties in current employment group within the land environment. • Career Management Considerations Employment Considerations AL1 Fit for restricted operational deployment and field exercises as follows: • Defence members would not be required to perform offensive combat duties but must be capable of performing combat defensive duties. Generic career management guidance is provided in accordance with paragraphs 2.28.–2.30. and paragraph 2.34.a.–d. of this chapter. • • – Employable in limited defensive combat duties as required. – Not employable in offensive combat duties. Fit for employment across a limited range of military duties in current employment group within the land environment. • Medical Employment Classification L28—Land Environment—Limited Deployment—Medical Employment Classification Review Board assigned only Career Management Considerations Employment Considerations Medical Employment Classification L27—Land Environment—Limited Deployment—Medical Employment Classification Review Board assigned only 2.2 2.2 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–5 Career Management Considerations Employment Considerations Where unusual circumstances exist and a Defence member is being considered for a non-operational posting outside of Australia, or an overseas training serial, the career/personnel manager must seek medical advice from Director, Defence Clinical Services (DDCS) for a risk assessment. Generic career management guidance is provided in accordance with paragraph 2.35. and paragraph 2.37.a.–d. of this chapter. • • Not fit for operational deployment. • The career/personnel manager will seek medical opinion when there is doubt about the medical fitness of a Defence member to proceed on posting to, or remain in, a specific posting locality. May be fit for defined seagoing service in accordance with FMO, or delegate, endorsed limitations. • • May be fit for defined field activities in accordance with designated single-Service Medical Officer (MO), or delegate, endorsed limitations. • Active medical management and rehabilitation programs are to have priority over other employment. During the period of rehabilitation a progressive return to full duties can be anticipated. Fit for employment across a limited range of military duties in current employment group within the employed service environment, within restrictions as detailed in the Defence member’s Form PM 532. • • Temporarily not fit for employment across the full range of military duties in current employment group for a defined period up to 12 months. • Medical Employment Classification J31—Rehabilitation MEDICAL EMPLOYMENT CLASSIFICATION 3—REHABILITATION 3 2.3 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–6 AL1 Career Management Considerations Employment Considerations Where unusual circumstances exist and a Defence member is being considered for a non-operational posting outside of Australia, or an overseas training serial, the career/personnel manager must seek medical advice from DDCS for a risk assessment. Generic career management guidance is provided in accordance with paragraph 2.35. and paragraph 37.a.–d. of this chapter. • • Not fit for operational deployment. • Active medical management and rehabilitation programs are to have priority over other employment. Career/Personnel managers must consider this requirement as a priority in all career/personnel management decisions for the Defence member. An extended rehabilitation period streamlines administrative processes and provides a greater level of assurance for injured personnel, allowing them to focus solely on rehabilitation and recovery. An extended rehabilitation period also ensures sufficient time to enable diagnosis of an injury or illness to determine the Defence member’s future employability. May be fit for defined seagoing service in accordance with FMO, or delegate, endorsed limitations. • • May be fit for defined field activities in accordance with designated single-Service MO, or delegate, endorsed limitations. • MEC J32 is provided to satisfy extended rehabilitation requirements for serious injuries or illnesses as defined in relevant health policy documents. Fit for employment within a formal rehabilitation program across a limited range of military duties in current employment group within the employed service environment, within restrictions, as detailed in the Defence member’s Form PM 532. • • Temporarily not fit for employment across the full range of military duties in current employment group for a defined period up to 24 months. • Medical Employment Classification J32—Extended Rehabilitation—Medical Employment Classification Review Board assigned only 2.3 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–7 AL1 Career Management Considerations Employment Considerations May be fit for defined field activities in accordance with designated single-Service MO, or delegate, endorsed limitations. May be fit for defined field activities in accordance with designated single-Service MO, or delegate, endorsed limitations. Not fit for seagoing service. Not fit for operational deployment. • • • • AL1 • Generic career management guidance is provided in accordance with paragraph 2.35. and paragraph 37.a.–d. of this chapter. – all confirmation of pregnancy notices used to notify unit commanders are to reflect the privacy notice requirements outlined in this paragraph. – providing information to assist with relevant career/personnel management agency decisions; and – approving the Defence member’s access to entitlements and conditions of service in accordance with the ADF Pay and Conditions Manual (PACMAN); – ensuring that the Defence member is employed safely in accordance with respective occupational health and safety policies and procedures relevant to the Defence members employment environment; Privacy. The collection and storage of information relating to MEC J33 is to be handled under the caveat of Sensitive: Personal and may only be used by authorised personnel for the purposes of: Fit for employment across a wide range of military duties in current employment group within the employed service environment, within restrictions as detailed in the Defence member’s Form PM 532. • • Temporarily not fit for employment across the full range of military duties in current employment group for a defined period up to 24 months. • Medical Employment Classification J33—Pregnancy 2.3 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–8 A pregnant Defence member should continue with normal duties where this is consistent with the safety of the mother and the foetus. A MEC J33 classification should not negatively influence routine employment or career management decisions. In most situations, a pregnant Defence member can continue to work in the same way as they did before they were pregnant. Relevant employment restrictions will be applied by the MEC confirming authority in accordance with Health Directive 235—Management of pregnant members of the Australian Defence Force as appropriate to any hazards identified within the Defence member’s specific employment environment. A MEC J33 classification is to be allocated upon confirmation of pregnancy for a maximum period of 24 months and will remain effective postpartum while the Defence member utilises any entitlement to full-time leave provisions. All Defence members are to have their medical classification reviewed prior to returning to work postpartum, and are to be reclassified to an appropriate MEC in accordance with this chapter. A MEC J33 classification is not to remain effective following a Defence member’s return to work postpartum. • • • • • AL1 Career Management Considerations Employment Considerations A temporary holding classification allocated to Defence members with a short-term illness or injury to recover away from the workplace. No career management action should be taken pending the return of the Defence member to the workplace; or the availability of additional information related to long-term prognosis. This classification is designed to enable a Defence member to recover from a short-term illness or injury away from the workplace within a specified limited period of time. • • Temporarily not fit for work for a defined period between 28 days and four months. • Medical Employment Classification J34—Temporarily Non-effective Career Management Considerations 2.3 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–9 Defence members are held temporarily in this category pending MECRB determination. No career management action should be taken prior to a Defence member being allocated a MEC at MECRB. • • Confirmation and allocation of suitable MEC 4 classification pending Medical Employment Classification Review Board (MECRB) determination. • A temporary holding classification allocated to personnel with a diagnosed long term medical condition or injury that precludes them from operational deployment and limits their future employability within their current employment group. Not fit for operational deployment, field activities and seagoing service. • • Temporarily not employable across the full range of military duties in current employment group within the employed service environment. • AL1 Career Management Considerations Employment Considerations The Defence member’s change in employment group can only be approved by the appropriate Career Management Agency/Personnel Management Agency. If a Defence member does not accept the offer of employment group transfer, the MECRB is to re-allocate the MEC appropriate for their current employment group. Generic career management guidance is provided in accordance with paragraph 2.38.a.–c, paragraph 2.39. and paragraph 2.41.a.–d. of this chapter. • • • May be suitable for the allocation of a deployable classification in an alternative employment group or service environment. • If a Defence member has been deemed medically unfit for deployment in their current employment group they may be suitable for a deployment profile in an alternative employment group. Any transfer to another employment group may be offered only after MECRB consideration. Not fit for operational deployment, field activities and seagoing service. • • Employable in a limited range of military duties in current employment group within the employed service environment. • Medical Employment Classification J41—Alternate Employment—Medical Employment Classification Review Board assigned only Career Management Considerations Employment Considerations Medical Employment Classification J40—Holding MEDICAL EMPLOYMENT CLASSIFICATION 4—EMPLOYMENT TRANSITION 2.4 4 2.4 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–10 Limited tenure employment based on Service need and workforce vacancy for a defined period up to five years at any one time. Generic career management guidance is provided in accordance with paragraph 2.38.a.–c, paragraph 2.39. and paragraph 2.41.a.–d. of this chapter. • Not fit for operational deployment, field activities and seagoing service. • • Employable in a limited range of military duties in current employment group within employed service environment. • Career Management Considerations Employment Considerations Limited tenure employment for a defined period up to three years to support transition from the ADF. Generic career management guidance is provided in accordance with paragraphs paragraph 2.38.a.– c, paragraph 2.39. and paragraph 2.41.a.–d. of this chapter. • Not fit for operational deployment, field activities and seagoing service. • • Employable in a limited range of military duties in current employment group within employed service environment. • Medical Employment Classification J43—Extended Transition—Medical Employment Classification Review Board assigned only—Duration up to three years Career Management Considerations Employment Considerations Medical Employment Classification J42—Employment at Service Discretion—Medical Employment Classification Review Board assigned only—Duration up to five years at any one time 2.4 2.4 UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–11 AL1 General career management considerations should be on hold pending either a return of the Defence member to the workplace or the availability of additional information related to long-term prognosis. • AL1 MEC J51 indicates that the Defence member has been issued with a termination notice for medical reasons in accordance with the Defence (Personnel) Regulations 2002 (DPR 2002), and is either awaiting a final decision on termination or a final decision has been made to terminate the Defence member’s service. Not employable other than within applicable restrictions in the period leading up to termination. • • Not employable on medical grounds. • Career Management Considerations Employment Considerations MEC J52 indicates that the Defence member has been issued with a termination notice for medical reasons in accordance with the DPR 2002, and is either awaiting a final decision on termination or a final decision has been made to terminate the Defence member’s service. Unable to be employed in the period leading up to termination. • • Not effective on medical grounds. • Medical Employment Classification J52—Not Employable on Medical Grounds—Non-effective Career Management Considerations Employment Considerations Medical Employment Classification J51—Not Employable on Medical Grounds—Medically Unfit MEDICAL EMPLOYMENT CLASSIFICATION 5—MEDICALLY UNFIT FOR FURTHER SERVICE This is a classification designed to enable a Defence member to recover from a more serious illness or injury away from the workplace. • Career Management Considerations Not fit for work for a defined period between four and 12 months. • Employment Considerations 2.5 5 2.5 2.4 Medical Employment Classification J44—Extended Non-effective—Medical Employment Classification Review Board assigned only—Not fit for work for a defined period UNCONTROLLED IF PRINTED MILPERSMAN part 3 2B–12 Fit for specialist duties unrestricted. Aircrew (A) (refers to specialist role, not passenger status unless specifically stated in Medical Employment Classification Review text). Temporarily unfit for specialist duties. 3 Fit for all submarine service unrestricted. Submariner (S) Specialist Employment Stream Groups are further defined in relevant single-Service policy. Fit for submariner duties with some restrictions. Temporarily unfit for submarine service. Temporarily unfit for parachuting. Fit for parachuting unrestricted. Parachutist (P) Fit for parachuting with some restrictions. Fit to dive unrestricted. Fit for diving duties with Temporarily unfit to some restrictions. dive. Fit for JBAC duties with Temporarily unfit for some restrictions. JBAC duties. Fit for specialist duties with some restrictions. 2 Diver (D) Joint Battlefield Airspace Controller (JBAC) (C) Fit for all JBAC duties unrestricted. 1 Specialist Employment Classification Permanently unfit for submarine service. Permanently unfit for parachuting. Permanently unfit to dive. Permanently unfit for JBAC duties. Permanently unfit for specialist duties. 4 UNCONTROLLED IF PRINTED MILPERSMAN part 3 ANNEX C TO CHAPTER 2 SPECIALIST EMPLOYMENT CLASSIFICATION TABLE AL1 C UNCONTROLLED IF PRINTED MILPERSMAN part 3 ANNEX D TO CHAPTER 2 MEDICAL EMPLOYMENT CLASSIFICATION REVIEW BOARD CONDUCT AND REVIEW FLOW CHART Workforce Intelligence provided through CMA Medical input provided through CMECR Compensation status provided through ADF Transition Centre MECRB Consideration MECRB Chair decides to issue a TN as the Defence member is no longer employable for medical reasons MECRB Chair determines employment caveats at MEC level 1-4 Defence member advised of the decision and representation option No representation No appeal submitted Submitted Defence member submits representation within 28 days MECRB upholds representation Administrative MEC 5 allocation to commence separation procdeures TN issued under r85 (1)(a) or (b) or r87 (1)(c) or (d) Defence member submits response to TN No response submitted Termination Delegate Decision MECRB upholds original decision Defence member advised of representation outcome Defence member retained and referred to MECRB for employment Defence member separated as not employable on medical grounds Defence member employed IAW MECRB determination End of MECRB employment period Pre-MECRB Process Employment Management Process Termination Process AL1 D UNCONTROLLED IF PRINTED MILPERSMAN part 3 ANNEX E TO CHAPTER 2 MEDICAL EMPLOYMENT CLASSIFICATION REVIEW BOARD CONDUCT—CONSIDERATION OF INFORMATION E 1. The following is a non-exhaustive list of information that may be considered by the Chair of a Medical Employment Classification Review Board (MECRB) when making a determination: a. medical advice provided through Joint Health Command. Procedures for the provision of medical advice to the MECRB are provided in Health Manual (HLTHMAN), Volume 3—Retention Standards; b. information provided by the Defence member through the Member’s Health Statement (MHS) or an alternate format. Procedures for completion are contained within Form AD 524—Member’s Health Statement. The MHS may be important to the deliberations of the MECRB and Defence members are strongly encouraged to make a statement; c. a Defence member’s authorisation to release medical information in accordance with paragraph 2.23 of this chapter. A Defence member must acknowledge consent or non-consent to release of medical information to non-health professionals; d. information from the Defence member’s Commanding Officer through a Workplace Disability Report. Procedures for completion are contained within Form AD 523— Workplace Disability Report; e. workforce implications provided through the Career Management Agency/Personnel Management Agency including: (1) workplace and service personnel capability requirements; and (2) the Defence member’s personnel employment history; f. advice on compensation and superannuation entitlements, the applicability for veterans’ disability pension benefits, and any other issues relating to career transition to the civilian environment; and g. other advice where additional information is required to make a workforce decision. AL1 UNCONTROLLED IF PRINTED MILPERSMAN part 4 CHAPTER 1 MISUSE OF ALCOHOL IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 1 1.1 1.1 The extant policy on the misuse of alcohol in the Australian Defence Force remains Defence Instruction (General) PERS 15–1—Misuse of Alcohol in the Australian Defence Force. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 4 CHAPTER 2 ALCOHOL TESTING IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 2 2.1 2.1 The extant policy on alcohol testing in the Australian Defence Force remains Defence Instruction (General) PERS 15–4—Alcohol testing in the Australian Defence Force. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 4 CHAPTER 3 MANAGEMENT OF THE USE OR INVOLVEMENT WITH PROHIBITED SUBSTANCES IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 3 3.1 3.1 The extant policy on the management of the use or involvement with prohibited substances in the Australian Defence Force remains Defence Instruction (General) PERS 15–5—Management of the use or involvement with prohibited substances in the Australian Defence Force. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 5 CHAPTER 1 APPRAISAL AND DEVELOPMENT REPORTING OF EXECUTIVE AND SENIOR EXECUTIVE OFFICERS IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 1 1.1 1.1 The policy on appraisal and development reporting of Executive and Senior Executive Officers in the Australian Defence Force policy is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 1.2 The extant policy remains Defence Instruction (General) PERS 37–1—Appraisal and Development Reporting of Executive and Senior Executive Officers in the Australian Defence Force. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 5 CHAPTER 2 PERFORMANCE APPRAISAL REPORTING IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 2 2.1 2.1 The policy on performance appraisal reporting in the Australian Defence Force is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 2.2 The extant policy remains Defence Instruction (General) PERS 10–8—Performance Appraisal Reporting in the Australian Defence Force. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 5 CHAPTER 3 PROMOTION IN THE AUSTRALIAN DEFENCE FORCE—PROVISIONAL, TEMPORARY AND LIMITED TENURE PROMOTION AND HONORARY RANK INTRODUCTION 3 3.1 3.1 The policy on promotion in the Australian Defence Force—provisional, temporary and Limited Tenure Promotion and honorary rank is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 3.2 The extant policy remains Defence Instruction (General) PERS 10–7—Promotion in the Australian Defence Force-provisional, temporary and Limited Tenure Promotion and honorary rank. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 6 CHAPTER 1 AUSTRALIAN DEFENCE FORCE POSTING POLICY FOR INTER–SERVICE COUPLES INTRODUCTION 1 1.1 1.1 The Australian Defence Force posting policy for Inter-Service couples is being developed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 1.2 There is no current policy, however, the information contained within the cancelled Defence Instruction (General) PERS 51–1—Australian Defence Force posting policy for Inter-Service couples is the most appropriate source of guidance. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 6 CHAPTER 2 EXCHANGE AND SECONDMENT OF AUSTRALIAN DEFENCE FORCE PERSONNEL WITH NON–DEFENCE ORGANISATIONS INTRODUCTION 2 2.1 2.1 The policy on exchange and secondment of Australian Defence Force personnel with non-Defence organisations is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 2.2 The extant policy remains Defence Instruction (General) PERS 13–4—Exchange and secondment of Australian Defence Force personnel with non-Defence organisations. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 6 CHAPTER 3 APPOINTMENTS TO THE STAFFS OF THE GOVERNOR–GENERAL, STATE GOVERNORS AND TERRITORY ADMINISTRATORS INTRODUCTION 3 3.1 3.1 The appointment of the Aides-de-Camp (ADC) to the Governor-General, State Governors and Territory Administrators was originally incorporated in Defence legislation. Although all reference to such appointments has been removed from Defence legislation, the positions have been retained as Service appointments. 3.2 In the interest of uniformity, and to simplify communication between the Service Headquarters (HQ) and the staff of the Governor-General, the Directorate of Protocol and Visits (DPV) is the point of coordination for ensuring nominations for all appointments to the position of ADC to the Governor-General are forwarded to the Governor-General’s office. POLICY STATEMENT 3.3 3.3 The Services, in consultation with the Office of the Governor-General, are responsible for the selection and appointments of ADCs to the Governor-General, State Governors and Territory Administrators. SCOPE 3.4 3.4 This Chapter applies to all Defence personnel responsible for the selection and management of ADCs to the Governor-General, State Governors and Territory Administrators. ROLES AND RESPONSIBILITIES 3.5 3.5 Roles and responsibilities associated with the appointment of ADCs are as follows: a. Directorate of Military Personnel Policy (DMPP). DMPP is responsible for developing and promulgating policy in relation to the appointment of staff to the Governor-General, State Governors and Territory Administrators in consultation with relevant organisations. b. Service Directors General—Personnel. Director-General Navy People, Director-General Personnel—Army and Director-General Personnel—Air Force (DGPERS–AF) are, in consultation with the Office of the Governor-General, responsible for determining the selection and appointment of an ADC. Nominations for the appointment as a full-time ADC to the Governor-General are to be endorsed by Service Chiefs and Chief of the Defence Force (CDF). c. Service Career Management (CMA) and Personnel Management Agencies (PMA). CMA/PMAs are responsible for the short listing of applicants and the management of in-service applicants, including Reservists selected as ADC. d. DPV. DPV is responsible for the final coordination of nominations of ADC. Refer to Paragraph 3.11 for the appointment of honorary ADCs. e. Failure by the above organisations to comply with their responsibilities in accordance with this Chapter may result in an individual being unable to be posted to a position as an ADC. UNCONTROLLED IF PRINTED MILPERSMAN part 6 3–2 AIDES–DE–CAMP TO THE GOVERNOR–GENERAL 3.6 3.6 Appointments of Defence members as ADCs to the Governor-General are either full-time appointments, or as an honorary distinction. Full-time Aide-de-Camp 3.7 3.7 Selection and appointment. Selection and appointment of officers for full-time duty as ADC to the Governor-General will be made by the Office of the Governor-General. Service Directors General—Personnel are to ensure that nominations are endorsed by their respective Service Chief, and CDF prior to being submitted to the Office of the Governor-General or the respective Minister’s Office. Selections will normally be made from officers of the rank of O–3—Captain (Equivalent) (CAPT(E)) rank: one from each Service. In order to allow the Governor-General sufficient time to undertake the selection process for ADC rotations, a minimum of three nominations from each Service is required to be forwarded to DPV at least six months before the current incumbent is due to be posted out. A duty statement for the position is in Annex A 3.8 Allowance and kitting. Kitting of full-time ADCs will be in accordance with the relevant Service scale. Full-time ADCs will be paid an allowance in accordance with the provisions of the ADF Pay and Conditions Manual (PACMAN). 3.9 Tenure of office. The normal tenure of office for a full-time ADC is one year from the date of appointment. Honorary Aide-de-Camp 3.10 3.10 Selection and appointment. Honorary ADCs to the Governor–General will be nominated in each State and Territory by Service Directors General—Personnel. The appointments will be confirmed by the Office of the Governor-General. When advised by the Official Secretary of a required duty, an honorary ADC is to obtain the necessary permission from superior authority. The minimum rank for an Honorary ADC is normally O–5—Lieutenant Colonel (Equivalent) (LTCOL(E)). 3.11 Allowances and kitting. There is no ADC allowance specifically for honorary ADCs to the Governor-General. Where applicable, normal Service travelling allowances are to be paid. Kitting of honorary ADCs is to be in accordance with the relevant Service scale. 3.12 Tenure of office. Normally, the tenure of office for an Honorary ADC is aligned to the posting cycle, or as circumstances of the Defence member dictate. AIDES–DE–CAMP TO STATE GOVERNORS AND TERRITORY ADMINISTRATORS 3.13 3.13 Appointments as ADC to State Governors and Territory Administrators will be an honorary distinction only. Permanent officers will not normally be appointed. Up to two honorary ADCs from each Service of O–3 CAPT(E) to O–5—LTCOL(E) rank may be appointed for part-time duty with State Governors and the Administrators. 3.14 Selection and appointment. Navy and Army where a State Governor or Territory Administrator requests a Navy or Army Service ADC, the senior Service officer located in the State or Territory is to be advised. The senior Service officer should then either obtain a suitable volunteer Reserve officer and advise the Service Directors General—Personnel staff of the nomination, or if this is not practicable, refer the matter to the Service HQ for resolution. Honorary ADCs to State Governors and Administrators will be appointed by the Office of the State Governor or Administrator in consultation with the Service HQ. Appointments will be advised to the senior Service officer in the State or Territory concerned. 3.15 Selection and appointment—Air Force. The selection and appointment of an Honorary Air Force ADC to a State Governor or Territory Administrator will occur as part of the Air Force Reserve posting cycle. Where a State Governor or Territory Administrator specifically requests an Honorary Air Force ADC, the Office of the State Governor or Territory Administrator is to liaise directly with the DGPERS–AF. Regardless of the selection path, the appointment of an Honorary ADC will be confirmed by the Office of the State Governor or Territory Administrator. UNCONTROLLED IF PRINTED MILPERSMAN part 6 3–3 3.16 Allowances and kitting. Conditions of employment, including salary, clothing allowance and travelling expenses, if paid, are a state responsibility. Kitting is to be in accordance with the relevant Service scale. 3.17 Tenure of office. The normal tenure of office for an ADC to a State Governor or Administrator is three years, with the provision for an extension, if requested by the State Governor or Administrator. RELATED POLICY AND PUBLICATIONS 3.18 Defence Act 1903 Defence Force Discipline Act 1982 Public Service Act 1999 ADF Pay and Conditions Manual (PACMAN) Australian Book of Reference 6289—RAN Officers’ Career Management Manual Defence Instruction (Army) PERS 47–1—Career Management of Australian Army Officers Defence Instruction (Air Force) PERS 3–1—Posting, Attachment and Temporary Duty—Permanent Air Force Annex: A. Duty Statement—Aides–de–Camp to the Governor–General Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 6 ANNEX A TO CHAPTER 3 DUTY STATEMENT—AIDES–DE–CAMP TO THE GOVERNOR–GENERAL A 1. Under supervision of the Senior Aide an aide-de-camp to the Governor-General is to perform the following: a. provide direct support to the Governor-General and spouse (if applicable) through the detailed planning and implementation of their national program of engagements and related travel; b. prepare a full range of detailed vice-regal operational documentation: written briefings associated with external functions, the Governor-General’s daily program, function orders, seating plans, guest lists, and all aspects of travel, including all transportation and accommodation bookings; c. liaise with host organisations to coordinate and finalise detailed arrangements for external functions to be attended by the Governor-General and spouse (if applicable) and attend each event in the role of event manager; d. prepare briefings, receive callers and attend meetings with the Governor-General at Government and Admiralty Houses, and provide written reports of all such meetings; e. research and prepare, as required, a variety of additional written material, including speeches for military events; f. undertake a formal role in receiving, hosting and farewelling guests at receptions, luncheons and dinners hosted by the Governor-General and spouse (if applicable) at Government and Admiralty Houses; g. conduct briefings on the role of the Governor-General for school students visiting Government House; and h. provide other administrative assistance as required. UNCONTROLLED IF PRINTED MILPERSMAN part 6 CHAPTER 4 EMPLOYMENT OF IMMEDIATE FAMILY MEMBERS IN THE SAME CHAIN OF COMMAND AND/OR WORKING ENVIRONMENT INTRODUCTION 4 4.1 4.1 The extant policy on the employment of immediate family members in the same chain of command and/or working environment remains Defence Instruction (General) PERS 25–5— Employment of immediate family members in the same chain of command and/or working environment. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 1 POLITICAL ACTIVITIES OF DEFENCE PERSONNEL INTRODUCTION 1 1.1 1.1 The extant policy on political activities of Defence personnel remains Defence Instruction (General) PERS 21–1—Political activities of Defence personnel. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 2 ELECTIONS AND VOTING BY MEMBERS OF THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 2 2.1 2.1 The policy on elections and voting by members of the Australian Defence Force is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 2.2 The extant policy remains Defence Instruction (General) ADMIN 52–1—Elections and voting by members of the Australian Defence Force. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 3 EMPLOYMENT AND VOLUNTARY ACTIVITIES OF AUSTRALIAN DEFENCE FORCE MEMBERS IN OFF–DUTY HOURS INTRODUCTION 3 3.1 3.1 The policy on employment and voluntary activities of Australian Defence Force members in off-duty hours is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 3.2 The extant policy remains Defence Instruction (General) PERS 25–2—Employment and voluntary activities of Australian Defence Force members in off-duty hours. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 4 ARRANGEMENTS FOR SERVICE IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 4 4.1 4.1 The Australian Defence Force (ADF) expends considerable resources in the recruitment, entry, training and development of the skills required by Defence members to enable them to carry out their duties. The increasing complexity of the military environment requires highly trained and experienced members who, once trained, represent a significant investment in training time and are an asset that is difficult to replace. The Defence (Personnel) Regulations 2002 (hereafter referred to as ‘the Regulations’) enable the Governor-General, Minister for Defence, Service Chiefs and their authorised delegates, (hereafter collectively referred to as decision makers and detailed in Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’) to set conditions of service arrangements. POLICY STATEMENT 4.2 4.2 Defence recognises the importance of ensuring that all Defence members understand their conditions of service and the obligations associated with their appointment or enlistment in the ADF including an Initial Minimum Period of Service (IMPS), specific requirements associated with the Return of Service Obligations (ROSO), subsequent service in the Standby Reserve at the end of that service, extensions of service and retirement ages. DEFINITIONS 4.3 4.3 MILPERSMAN, Part 1, Chapter 3 contains common terms and definitions used throughout this Chapter. AUTHORITY 4.4 4.4 The Regulations empower the decision makers to establish appointment and enlistment conditions for Defence members including obligations, extensions of service and transfers. ROLES AND RESPONSIBILITIES 4.5 4.5 The following key stakeholders have major roles and responsibilities in relation to the management and effective implementation of this Chapter: a. Decision-maker—the respective delegate authorised to make decisions on arrangements for service in the ADF (including appointment and enlistment). b. Service Chiefs are responsible for determining the specific service obligations within their Service. c. Career Management Agencies (CMA)/Personnel Management Agencies (PMA) are responsible for the management and administration of the service obligations within their respective Service. UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–2 APPOINTMENT TO AND ENLISTMENT IN THE AUSTRALIAN DEFENCE FORCE 4.6 4.6 Defence members may be appointed or enlisted for an indefinite period of service or fixed period of service, or in terms of reaching a particular age. The period of appointment or enlistment in the Service includes any period of appointment or enlistment subject to a provisional or probationary period. The conditions with which a person must comply to be eligible for appointment or enlistment as well as details of rank awarded on entry are specified in the single Service policies listed in the Related publications and legislation section of this Chapter. Appointment of Officers 4.7 4.7 Eligibility. Under Regulation 14, a decision-maker determines eligibility conditions to be complied with for appointment as an officer. 4.8 Appointment. Under Regulation 15, a decision-maker must specify in the appointment: a. the period of service as an indefinite or fixed period or in terms of reaching a particular age, and b. the part of the Service in which the officer will commence service. 4.9 Provisional appointment. Under Regulation 17, a decision-maker may appoint a person provisionally subject to compliance by the officer with a specified condition of entry as outlined in Paragraph 4.7. Under Regulation 17(3), the decision-maker may terminate an officer’s service in the ADF at any time during the period of provisional appointment if the officer does not comply with a condition of entry. The decision-maker may extend the officer’s period of provisional appointment under Regulation 18. 4.10 Probationary appointment. The appointment of an officer may include a period of probation as specified by the decision-maker under Regulation 19. At any time, the decision-maker may, under Regulation 19(2), terminate an officer’s service in the ADF during the period of probation. The decision maker may extend the officer’s period of probation under Regulation 20. 4.11 Temporary appointment of Officers. Under Regulation 21, a decision-maker may temporarily appoint an enlisted member to be an officer of a specified rank. At any time, the decision maker may terminate an officer’s temporary appointment under Regulation 21(3), or extend the period of appointment under Regulation 21(2). On termination of a temporary appointment the officer would normally revert to their previous enlisted rank. 4.12 Confirmation of appointment. If the officer’s service has not been terminated, the decision-maker must confirm the appointment under Regulation 22 as soon as practicable, if: a. the officer is appointed provisionally and complies with the specified conditions, and/or b. the officer is appointed on probation and concludes this period. Enlistment 4.13 4.13 Eligibility. A decision maker determines eligibility conditions to be complied with for enlistment under Regulation 23. 4.14 Acceptance of enlistment. Under Regulation 25, a decision maker must specify: a. the period of service as an indefinite or fixed period or in terms of reaching a particular age, and b. the part of the Service in which the enlisted member will commence. 4.15 Provisional enlistment. Under Regulation 27, a decision-maker may enlist a person provisionally, subject to compliance by the enlisted member with a specified condition of entry as outlined in Paragraph 4.13. The decision-maker may, under Regulation 27(3), terminate an enlisted member’s service in the ADF at any time during the period of provisional enlistment if the enlisted member does not comply with a condition of entry. The decision maker may extend the enlisted member’s period of provisional enlistment under Regulation 28. UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–3 4.16 Confirmation of enlistment. If the enlisted member’s service has not been terminated, the decision-maker must, under Regulation 29, confirm the enlistment, as soon as practicable, if the enlisted member is enlisted provisionally and complies with the specified conditions. 4.17 Termination of Defence members. Termination under the Regulations as referred to within this section requires consideration of procedural fairness. Decision-makers should refer to the procedures provided in MILPERSMAN, Part 10, Chapter 4—‘Termination of service in the Australian Defence Force’ (formerly Defence Instruction (General) (DI(G)) PERS 03–4). ARRANGEMENTS AND OBLIGATIONS Initial Minimum Period of Service and Return of Service Obligation 4.18 4.18 4.18 Service obligations in the form of an IMPS (see detailed definition in MILPERSMAN, Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ but, as an example, an IMPS is an obligation linked to initial appointment or enlistment in the ADF) or a ROSO (see detailed definition in MILPERSMAN, Part 1, Chapter 3 but, as an example, a ROSO is linked to an event such as long-term or high-value training) are designed to provide the ADF with surety of service for a period of time thereby: a. preserving a minimum level of knowledge, experience and skill within the relevant Service in order to sustain the wide range of capabilities required within the relevant Service; and b. making the most efficient use of limited training resources and providing a fair return to the ADF, in the form of service rendered, from those who benefit from the expenditure of significant amounts of those resources. 4.19 A service obligation may be applied where the ADF invests resources in the recruitment, appointment and enlistment and initial training of new Defence members and more broadly where Defence members acquire knowledge, skills and experience in service which: a. are achieved through a long or expensive course of education or training, b. are achieved through infrequently delivered training or education, c. makes them highly marketable, d. are linked to a specified operational capability, or e. are gained through a specific posting or attachment. 4.20 Following enlistment, appointment or an action that attracts an in-service ROSO, Defence members are expected to serve for a minimum period as determined by the decision-maker. As part of the enlistment or appointment procedure, or upon an event that attracts an in-service ROSO, applicants are expected to acknowledge their awareness of the service obligation as it applies to them. An active service obligation acts as a basis for decision makers to refuse an application by a member of the Permanent Force to resign (under Regulation 90—‘Officers’, Regulation 94—‘Senior officers’ or Regulation 97—‘Enlisted members’) or transfer to the Reserves (under Regulation 58—‘Officers and enlisted members’ and Regulation 62—‘Senior officers’). 4.21 Common service obligations. Common conditions of service are tenets of military service and, as such, should be applied similarly across the Services. Differences in the application of policy such as service obligations have the potential to generate disunity and grievances, especially in tri-Service areas of Defence. Accordingly, as a general principle, regardless of their Service: a. Defence members in similar occupational groups should be subject to a similar IMPS on appointment or enlistment, and b. Defence members undertaking similar training should be subject to similar service obligations. UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–4 4.22 Determining the length of service obligations. Notwithstanding the principle of commonality expressed in the previous paragraph, decision makers are not precluded from imposing different service obligations for similar occupational groups and similar training in order to meet single Service requirements. The relevant single Service decision-maker will determine a Defence member’s service obligation taking into consideration Regulation 7 and the following factors as applicable: 4.23 a. the duration and cost of a Defence member’s initial training (IMPS); b. the duration and cost of on-the-job training required to bring a Defence member to a reasonable level of competency (IMPS); c. the difficulty in retaining Defence members with those skills and their attractiveness to civil industry (IMPS and ROSO); d. the difficulty in recruiting Defence members (IMPS); e. the effect on other Services (IMPS and ROSO); f. the effect on other trades/occupations (IMPS); g. the cost, length and frequency of in-service training (ROSO); h. the effect of the separation of a Defence member with those skills (IMPS and ROSO); and i. the flow of replacement Defence members with those of qualifications and experience (IMPS and ROSO). Decision-makers will also have regard to the following guiding principles: a. generally, the length of a service obligation will generally be equal to the length of the event attracting the obligation plus one year; b. when the event attracting the service obligation is conducted at an academic institution, the period for the purpose of calculating the obligation is to include the time between semesters; and c. unless determined otherwise by a decision maker, a posting, attachment or course of 26 weeks or less duration, will not normally attract a service obligation. For example, a decision-maker may impose an obligation on courses, postings or attachments of less than 26 weeks’ duration if it is costly or the skills gained are highly marketable and likely to create an inducement for Defence members to request separation from the ADF shortly thereafter. Postings or attachments include, without limitation, the exchange or secondment of a Defence member to another government department or agency, private industry or other external organisation to obtain a qualification or experience. 4.24 On-the-job training and experience. On-the-job training or experience associated with a course may also be included in the period of training for the calculation of the obligation. If the length of the on-the-job training or experience varies, a nominal period may be specified for this portion of the training so that all Defence members undertaking that training will have the same service obligation and the length of the obligation will be known in advance. For some training, especially professional training, a service obligation considerably longer than the period of training may be necessary to preserve force capability and sustainability. Conversely, some training may warrant a shorter obligation or no obligation at all. 4.25 Lateral and qualified recruits. Defence members recruited into the ADF with existing qualifications and skills or experience gained through prior military service (ADF or foreign) or civilian trade employment will be subject to an IMPS or ROSO. The IMPS or ROSO in each case is to be based on the considerations outlined in Paragraph 4.22. UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–5 4.26 Inter-Service transfers. Defence members who transfer between Services will have their terms and conditions of transfer determined by the gaining Service. However, where a Defence member is subject to a condition or obligation in relation to the Defence member’s losing Service, the Defence member must, after the transfer takes effect, comply with the condition or obligation as if the decision maker of the gaining Service had imposed it, unless the decision maker determines otherwise. In practice, the terms and conditions of transfer may include a service obligation greater than the obligation carried over from the losing Service. If both an extant ROSO and IMPS remain in force, they shall be served concurrently. 4.27 Multiple periods of obligated service. Unless a decision-maker directs otherwise, Defence members liable for more than one ROSO or IMPS acquit those service obligations concurrently. 4.28 Obligations and undertakings. The Military Superannuation and Benefits Act 1991 legislates that an obligated period of service takes precedence over an undertaking for further service. In practice, this means that a ROSO/IMPS and an undertaking for further service are served consecutively. The exception to this will be Navy sailors commissioned between 20 December 2002 to 05 September 2010 who incurred IMPS, and will serve their IMPS and Military Superannuation Benefits Scheme undertaking for further service concurrently. 4.29 Retrospectivity provision. New policies relating to service obligations are generally not retrospective. The only exception to this is that a decision maker may retrospectively apply a change to a service obligation that reduces rather than increases the Defence member’s obligation. 4.30 Liability for a service obligation. A Defence member becomes liable for a service obligation as described in the following paragraphs: a. IMPS. Liability for an IMPS is incurred on date of appointment or enlistment, albeit that there is normally a period of grace in which Defence members who are new to the service will have their obligation waived if they decide they do not wish to remain in the ADF. b. ROSO. ROSO acquittal begins and occurs only when effective service is being rendered and on commencement of the posting which follows the event which incurred the ROSO. However, if, for reasons beyond the Defence member’s control the Defence member does not successfully complete training which attracts a ROSO, the ROSO may be waived. c. When a Defence member fails a course, the decision maker may apply a ROSO. Factors to be considered when calculating the length of the ROSO include, without limitation, whether the Defence member gained substantial benefits in the form of skills or knowledge; the cost of the course; and the length of time the Defence member spent on the course. If the ROSO is not waived, the ROSO applied can remain unchanged, or be reduced, as considered appropriate by the decision maker. 4.31 Management of in-service ROSOs. The CMA/PMA when issuing or conducting negotiation in relation to a posting order, a warning for a posting, or a panel for a course that will attract a ROSO, should include advice that there will be a ROSO associated with the posting. Notwithstanding the responsibility of CMA/PMA staff to notify the Defence member that a posting attracts a ROSO, Defence members subject to such ROSO are responsible for making themselves familiar with the terms and conditions of their particular ROSO and the impact it will have on other conditions of service including allowances and undertakings. 4.32 Acknowledgement of ROSO. Once informed about a ROSO, it is the responsibility of the Defence member to complete and provide a ROSO Form of Acknowledgement (available from single Service CMA/PMA websites) to their CMA/PMA staff before proceeding on an event attracting ROSO. The completed form must be submitted before any arrangements for removal and travel are made. The Defence member is not absolved of their obligation if the Form of Acknowledgement is not sent to the CMA/PMA. 4.33 Extension of service to cover ROSO or undertaking for further service. Occasionally, a Defence member serving on a fixed period of service will be selected for a posting or training that will incur a ROSO, or may accept an undertaking for further service extending beyond their fixed period of service. On such occasions, the Defence member must agree in writing to a further period of service, that is sufficient to cover the ROSO or undertaking for further service, when agreeing to the ROSO for that posting, or prior to entering into an undertaking for further service. UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–6 4.34 Application to separate from the ADF. An authorised decision-maker may refuse an application to separate from a Defence member who has not completed their IMPS or ROSO under Regulation 90, Regulation 94, Regulation 97, Regulation 58 or Regulation 62 as applicable. Each application must be considered on its merits. 4.35 Situations may arise where the gravity of a member’s circumstances could outweigh their obligation to serve. For example, where a member has compelling personal reasons for pursuing separation, the decision-maker may approve the application subject to the member complying with a specified condition, in lieu of serving out the IMPS or ROSO. Subject to particular circumstances an offer of civilian employment or civilian training opportunities would not ordinarily be a sufficient basis for considering an application to separate from the ADF. 4.36 Approval to separate on the grounds of compelling and compassionate circumstances will generally be administered promptly and not attract a condition. For example, a member who has reported sexual assault, sexual harassment, or other significant workplace harassment through the appropriate channels would normally be allowed to separate without imposition of a condition where they can establish continued service would be to their emotional detriment or have a deleterious effect on their health. 4.37 Effective service and IMPS and ROSO Determinations. Only service in the Permanent Navy, the Australian Regular Army or the Permanent Air Force is effective service for the acquittal of an IMPS or ROSO. It does not include periods of absence without leave, detention or suspension from duty imposed under the Defence Force Discipline Act 1982 (DFDA) or imprisonment imposed by a civil authority. Each Service is to maintain IMPS and ROSO Determinations, which detail obligations applicable to their Service. These determinations will be used by recruiting staff to provide applicants to the ADF with unambiguous advice about their obligation to serve on appointment or enlistment. Similarly CMA/PMA will provide ROSO advice to Defence members. Single-Service websites outlining these prescribed periods are available at: Director-General Personnel—Army Air Force Personnel Concepts and Policy Navy People Career Management Agency 4.38 Leave without pay and leave without pay accompanying a serving Defence member. Periods of leave without pay of not more than 21 consecutive days are effective service for the acquittal of a service obligation. A period of longer than 21 consecutive days is non-effective service for the acquittal of a service obligation. 4.39 Long service leave. Long service leave is effective service for the acquittal of a service obligation. Any period of long service leave granted at half-pay is regarded as effective service on a pro-rata basis; that is, only half the period of leave will be counted for acquittal of service obligations. 4.40 Part-time leave without pay. Defence members on part-time leave without pay acquit their service obligation at the rate of 1.4 days for each day that salary is earned. 4.41 Maternity leave. The period of paid maternity leave is effective service for the acquittal of a service obligation. Any period of maternity leave granted at half-pay is regarded as effective service on a pro-rata basis; that is, only half the period of leave will be counted for acquittal of a service obligation. 4.42 Parental leave. The decision-maker may grant a Defence member two weeks’ (14 calendar days) paid leave, which is regarded as effective service, and up to 64 weeks’ unpaid parental leave as prescribed in the ADF Pay and Conditions Manual (PACMAN). It should be noted that this Defence parental leave is separate from the Government’s Paid Parental Leave Scheme. UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–7 VOLUNTARY ALTERATION OF PERIOD OF SERVICE 4.43 4.43 Options at completion of a fixed period of service. On or before the completion of a fixed period of service, and provided that a Defence member has not reached compulsory retiring age, a Defence member may apply to the decision maker to: a. serve a further fixed period of service, b. convert to an indefinite period of service, c. transfer to a category of the Reserves including the Standby Reserve, or d. resign from the ADF. 4.44 Fixed Tenure Appointment is a category of fixed period of service and a voluntary scheme that allows decision-makers, under Regulation 51, to offer selected officers of Major (Equivalent (E))/O–4 rank and above, and enlisted members of Warrant Officer 2(E) and above rank, to convert from their existing indefinite period of service to a fixed period of service, in order to be appointed to a specific position. A fixed tenure appointment is not to involve promotion and is not a tool to be used in place of management initiated early retirement. 4.45 Before a fixed tenure appointment is affected, the Defence member concerned must be advised in writing and must acknowledge the conditions under which the associated posting is to be made. The conditions of a fixed tenure appointment are: a. it should normally be for a period of three years; b. the term may, under exceptional circumstances, be extended; c. at the end of the term a Defence member will separate from the Service if they are not compulsorily transferred to the Standby Reserve as described in Paragraph 4.48; or transferred to another category of Reserves; d. the end of an appointment does not attract an offer of special financial benefit; and e. in the case of the Military Superannuation Benefits Scheme, there is no entitlement to immediate access to their employer benefit for Defence members who complete the term before reaching the applicable preservation age. RETIREMENT AGES 4.46 4.46 Compulsory Retirement Age (CRA) for each rank in the ADF is as per Schedule 1 of the Regulations, unless a Defence member has made an election to retain a former CRA. This election to retain a former retirement age must be given to the Service Chief before the Defence member reaches the former retirement age as prescribed in Regulation 9. 4.47 Extension of CRA. A CRA may be extended by the decision maker under Regulation 11 and 12 for a specific Defence member or for a class of Defence members. CRA extensions for Chaplains are provided under Regulation 116. This extension to an age or for a specific period is then taken to be the new CRA. COMPULSORY TRANSFER TO THE STANDBY RESERVE 4.48 4.48 Transfer at the end of period of service. All Defence members (except enlisted members of the Permanent Air Force) appointed to or enlisted in the ADF, including Reserve categories, other than the Standby Reserve, on or after 01 July 2003, will, at the time of their appointment or enlistment, undertake to serve in the Standby Reserve of their Service at the end of their period of service. All Permanent Air Force members enlisted on or after 01 January 1996 are obligated to serve in the Standby Reserve at the end of their period of service. UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–8 4.49 Compulsory transfer to the Standby Reserve will apply unless the Defence member: a. has reached the relevant CRA for service in the Standby Reserve; b. has had their service in the Permanent ADF or category of Reserves, other than Standby Reserve, extended; c. is a participant of the Gap Year program and has not elected to extend; d. is otherwise compulsorily terminated, discharged or dismissed under the DFDA; e. has, on request, been approved to transfer to a category of the Reserves, other than the Standby Reserve; or f. has had their application to resign approved. 4.50 Notwithstanding these exceptions, subject to satisfactory performance and behaviour, all Defence members should be strongly encouraged to apply for transfer to the Standby Reserve, in lieu of resignation, at the end of their period of service. 4.51 Transfer to Standby Reserve senior officers. Under Regulation 65, the decision maker must transfer a senior officer to the Standby Reserve who has been appointed under Part II of the Act, if the senior officer: a. completes the period of the appointment; b. has not been reappointed to the officer’s position; c. has not been appointed to another position under Part II of the Act (whether or not the appointment takes effect immediately after the end of the term of the previous appointment); d. has not reached the officer’s CRA for service in the Standby Reserve; and e. in the case of officers serving prior to 01 December 2002, has not elected to voluntarily separate from the Service in lieu of transfer to the Standby Reserve. 4.52 Transfer to Standby Reserve after limited tenure promotion. Under Regulation 66, a Defence member is transferred to the Standby Reserve at the end of the period of limited tenure promotion unless: a. the decision maker has authorised the Defence member to revert, at the end of the period of the promotion, and the Defence member reverts to the rank immediately held before the promotion and does not transfer; or b. the Defence member has applied to resign in lieu of transfer to the Standby Reserve and is not compulsorily transferred as described in Paragraph 4.49. A Defence member transferring to a category of the Reserves at the end of a period of limited tenure promotion does so at the higher rank if the Defence member is not reverted. 4.53 Transfer to Standby Reserve during redundancy. Where a decision-maker declares under Regulation 68 that a Defence member cannot be usefully employed in their Service because of redundancy, that Defence member may be transferred to the Standby Reserve. Transfer to the Standby Reserve following redundancy remains subject to a document issued by the decision maker identifying transfer as a way in which the redundancy is to be carried out. The Defence member concerned must be given at least 12 months’ notice prior to transfer to the Standby Reserve as a consequence of a redundancy. Alternatively, the Defence member may consent to the redundancy taking effect at another mutually agreed time. 4.54 Transfer to Standby Reserve following management initiated early retirement. Transfer to the Standby Reserve, or other category of the Reserves is a condition of management initiated early retirement (see (MILPERSMAN, Part 10, Chapter 4 (formerly DI(G) PERS 03–4)). UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–9 4.55 Transfer within Reserves for non-performance of training obligations. Where a serving Defence member in a Reserve category fails to comply with training or other obligations for their category, the decision maker may, under Regulation 69, transfer the Defence member to another category of the Reserves with a lesser training obligation. 4.56 Standby Reserve service. Where a Defence member is transferred to the Standby Reserve, the period of service in the Standby Reserve ends at the earliest of the following events: a. when the Defence member reaches the Defence member’s CRA; b. if the Defence member is allowed to resign from the ADF, when the resignation is accepted; or c. if the Defence member’s service is terminated, when the service is terminated. 4.57 In relation to Paragraph 4.56.b., the decision maker must accept an application to resign from a Defence member who has completed five years’ service in the Standby Reserve, unless the application: a. is made in time of war, or in time of defence emergency; or b. would be granted at a time at which the Defence member has been called out for continuous full-time service. 4.58 Transfer from the Permanent Forces to the Standby Reserve, or other category of the Reserves, is taken to be a retirement from the Defence force, with effect from the date of the transfer, for all purposes relating to payment of benefits. 4.59 Applications to resign or transfer. Defence members who wish to resign, transfer to another part of their Service (eg the Reserves), or transfer to another category of the Reserves or another Service before the end of the period of service to which they have been appointed or enlisted, must apply to do so. The requirements are listed within single Service policies as listed in the Related Publications and legislation section at the end of this Chapter. RELATED PUBLICATIONS AND LEGISLATION 4.60 Australian Book of Reference (ABR) 10—Sailors’ Career Management Manual ABR 6289—RAN Officers’ Career Management Manual Defence (Personnel) Regulations 2002 Defence Force Discipline Act 1982 Defence Instruction (Army) (DI(A)) PERS 47–1—Career Management of Australian Army Officers DI(A) PERS 47–11—Career management of soldiers in the Australian Regular Army and Army Reserve DI(A) PERS 116–6—Army induction management process Defence Instruction (Air Force) (DI(AF)) PERS 1–3—Appointment, Reappointment and Confirmation of Appointment of Officers of the Air Force DI(AF) PERS 2–1—Enlistment and Re-enlistment in the Air Force MILPERSMAN, Part 5, Chapter 3—‘Promotion in the Australian Defence Force—provisional, temporary and Limited Tenure Promotion and honorary rank’ (formerly DI(G) PERS 10–7) MILPERSMAN, Part 7, Chapter 6—‘Flexible work arrangements for members of the Australian Defence Force’ (formerly DI(G) PERS 49–4) MILPERSMAN, Part 10, Chapter 1—‘Voluntary transfer of personnel between the Services’ (formerly DI(G) PERS 38–1) UNCONTROLLED IF PRINTED MILPERSMAN part 7 4–10 MILPERSMAN, Part 10, Chapter 2—‘Australian Defence Force officers notification of intention to resign or transfer to another Service or Reserves’ (formerly DI(G) PERS 03–1) MILPERSMAN, Part 10, Chapter 3—‘Obligations of Officer Cadets resigning from the Australian Defence Force Academy (Defence Academy)’ (formerly DI(G) PERS 03–2) MILPERSMAN, Part 10, Chapter 4—‘Termination of service in the Australian Defence Force’ (formerly DI(G) PERS 03–4) Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 5 MANAGEMENT AND ADMINISTRATION OF AUSTRALIAN DEFENCE FORCE MEMBERS UNDER 18 YEARS OF AGE INTRODUCTION 5 5.1 5.1 The policy on management and administration of Australian Defence Force members under 18 years of age is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 5.2 The extant policy remains Defence Instruction (General) PERS 33–4—Management and administration of Australian Defence Force members under 18 years of age. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 6 FLEXIBLE WORK ARRANGEMENTS FOR MEMBERS OF THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 6 6.1 6.1 Defence recognises the demands placed on Defence members and their families during operations, key training exercises and high tempo periods in the workplace. When not undertaking these activities, Defence members may at times need access to ‘people friendly’ employment policies that enable them to balance the demands of their military service with their family and/or other personal responsibilities and obligations. In recognition of this, the Australian Defence Force (ADF) has in place a number of flexible work arrangements (FWA) that Defence members can access. These arrangements are Home Located Work (HLW), Variable Working Hours (VWH), Alternate Located Work (ALW), Remote Overseas Work (ROW) and Part-time Leave Without Pay (PTLWOP). The variety and availability of these arrangements aim to enhance the longer term retention of all Defence members. POLICY STATEMENT 6.2 6.2 FWA are a key tool for Commanding Officers (CO)/supervisors at all levels to support Defence members who need to balance the demands of military service with their family and/or other personal responsibilities and obligations; and in turn promote retention. DEFINITIONS 6.3 6.3 Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ and definitions used throughout this Chapter. Annex A provides a list of definitions and abbreviations that apply to this Chapter. IMPLEMENTATION 6.4 6.4 CO/supervisors should implement FWA in accordance with this Chapter, except when genuine operational priorities exist. FLEXIBLE WORK ARRANGEMENTS 6.5 6.5 FWA are mutually negotiated and accepted agreements between the Approving Authority and the Defence member in line with the prescribed guiding principles in Paragraph 6.10 of this Chapter. 6.6 FWA available to Defence members are as follows: a. HLW. HLW enables the Defence member to complete work from home. HLW may be utilised in a temporary or occasional arrangement, or as an ongoing arrangement for a specified time, on a part-time or full-time basis. b. VWH. VWH allow Defence members the flexibility to vary their start and finish times and periods of absence from the workplace to suit their individual circumstances. This may be used in one-off cases or as an ongoing arrangement. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–2 c. PTLWOP. PTLWOP enables Defence members to maintain continuity of service although working a reduced number of days or part days in any fortnightly pay period. For additional information see the ADF Pay and Conditions Manual (PACMAN) Chapter 5, Part 8, Division 2 and the Member’s Guide to ADF Pay and Conditions of Service, Chapter 5, Part 13. PTLWOP includes, but is not confined to, job-sharing. Positions involving various responsibilities that can be separated into discrete tasks provide the best opportunity for successful job-sharing: (1) 6.7 PTLWOP has been adopted as the means of allowing Defence members of the Permanent Forces and Reserve Defence members on continuous full-time service (CFTS) to work reduced hours for an agreed proportion of the pay period without any detrimental effect on continuity of service. d. ALW. This arrangement enables Defence members to complete work from an alternate location outside of their posting location, such as another Defence base. ALW may be utilised in a temporary or occasional arrangement, or as an ongoing arrangement for a specified time, on a part-time or full-time basis. e. ROW. ROW allows members Defence eligible members to undertake work in certain circumstances against an established ADF position while living and residing overseas. ROW is generally considered for a long-term enduring period where a member is accompanying a spouse or Service-recognised interdependent partner overseas. Scenarios that may be appropriate for FWA include, but are not limited to: a. allowing greater participation in the care and nurturing of a child, or children, in the two year period immediately following the birth, or in the case of adoption, the date of placement, of a child or children; b. enabling respite from arduous periods of ADF service; c. fulfilling education, training or other aspirations without terminating ADF service; d. enabling Defence members to meet their personal responsibilities and obligations; and e. wherever practical, enabling Defence members who are accompanying their spouse or Service-recognised interdependent partner on posting interstate or overseas, to continue working instead of taking leave without pay (LWOP). 6.8 Job suitability. The type of tasks suited to different forms of FWA will vary, but most jobs offer scope to enable Defence members to achieve a work-life balance. Where FWA may not be a practical or a viable option, alternative management strategies are to be identified and, where possible, employed in order to achieve the best possible outcome for both the Defence member and the organisation. 6.9 The policy for Defence members employed on FWA are grouped as follows: a. Guiding principles. b. Roles and responsibilities. c. Approving Authorities and application process. d. Common employment conditions. e. Specific HLW conditions. f. Specific PTLWOP conditions and remuneration. The policies relating to each of the above groups are outlined below. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–3 GUIDING PRINCIPLES 6.10 6.10 The management of FWA is based on the following guiding principles: a. Defence members may at times need access to people friendly employment policies that enable them to balance the demands of their military service with their family and/or other personal responsibilities and obligations. CO/supervisors are to accommodate FWA, except when genuine operational priorities exist. b. Workforce capability issues are to be managed according to genuine operational priorities and Defence members are to respond to Service requirements, if or when required. c. Defence members returning from Maternity Leave (MATL) or Parental Leave (PATL) are entitled to PTLWOP in the two-year period immediately following the birth, or in the case of adoption, the date of placement, of a child or children (PACMAN Chapter 5, Part 8, Division 2, clause 5.8.10). In this case, PTLWOP is an entitlement and applications are to be recommended and approved, unless genuine operational requirements exist. Reasons for refusal will need to be justified upon request. Note In relation to dual serving couples, either or both Defence members may request FWA. d. Defence members on FWA are entitled to equitable access to opportunities for training, professional development, accommodation and equipment, recognition of skills, work requirements and freedom from discrimination. e. FWA, and in particular HLW, is not intended as a substitute for full-time, ongoing dependant care. f. It is the Defence member’s responsibility to initiate an application for FWA. FWA are not to be initiated by the Defence member’s chain of command. ROLES AND RESPONSIBILITIES Defence members 6.11 6.11 6.11 Defence members are to: a. investigate the types of available FWA and determine the type that best suits their individual situation(s); b. recognise that not all postings may easily accommodate FWA; c. note Defence has an obligation to manage workforce and capability issues according to genuine operational priorities; d. refer to Sub-subparagraph 6.10(c) note if a dual serving couple; e. be aware that if they enter into a PTLWOP arrangement, it will have a financial impact on their salary and housing contributions and could also impact on allowances or entitlements they receive; f. recognise that a PTLWOP arrangement may affect a Defence member’s service obligations and seniority; g. submit an application in the approved form to their CO/supervisor (refer to Annexes B to D to this Chapter); and h. ensure that applications for PTLWOP provisions are made to the Career Management Agency (CMA) or Personnel Management Agency (PMA), in consultation with a CO/supervisor. Applications to access PTLWOP are to be submitted one month in advance (at a minimum) in all but exceptional circumstances. Applications should be made up to eight months in advance where a posting may be required. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–4 Commanding Officers/supervisors 6.12 6.12 CO/supervisors are to: a. be aware of the FWA types; b. manage Defence workforce and capability issues according to genuine operational priorities; c. note that it is the Defence member’s responsibility to initiate an application for FWA; d. if approached, provide Defence members with assistance about FWA; e. counsel the Defence member with respect to the FWA obligations; f. remind Defence members it is the Defence member’s responsibility to find out what consequences any period of PTLWOP would have on their remuneration and conditions of service; g. take into account job suitability considerations as set out in Paragraphs 6.8 and 6.17. of this Chapter when considering an application for FWA; h. consider all FWA applications in a fair and equitable manner (applications that are not approved or recommended will be subject to external scrutiny); i. forward all applications using Form AE 406—ADF Application for flexible work for FWA, both approved/recommended and those not approved/recommended, to CMA/PMA for any further action. Form AE 406 enables ADF-wide statistical collection (Paragraph 6.18 refers) j. advise the Defence member when the PTLWOP application has been forwarded to the CMA/PMA; k. when applicable, keep appropriate documentation outlining the reasons why application for FWA has been declined and provide these reasons in writing to Defence member. Notwithstanding, alternative management strategies are to identified and employed in order to achieve the best possible outcome for both Defence member and the organisation; l. work with Defence members to manage requirements and workload for all types of FWA; m. review the requirement and the effectiveness of FWA arrangements at regular intervals; and n. include Defence members on FWA in workplace activities and meet their training and development requirements. Units 6.13 6.13 Units are to process FWA applications in a timely manner. Career Management Agency/Personnel Management Agency 6.14 an the be the 6.14 Single Service CMA/PMA are to: a. work with the Defence member and their CO/supervisor, to meet individual, workforce and capability needs within the genuine operational priorities of Defence; b. through the use of Form AE 406 maintain ADF-wide statistical collection (Paragraph 6.18 refers) c. act as the Approving Authority for all PTLWOP applications. See Annex A of this Chapter for more detail; AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–5 d. process applications for PTLWOP upon receipt (refer to Annex B of this Chapter for guidance on administrative procedures); e. endeavour not to post a Defence member during approved periods of PTLWOP, unless genuine operational priorities determine otherwise; and f. record approved applications for PTLWOP on the Personnel Management Key Solution (PMKeyS), including the expected start and completion dates. Directorate of Military Personnel Policy 6.15 6.15 The Directorate of Military Personnel Policy is responsible for developing and promulgating tri-Service policy in relation to the administration and management of FWA following stakeholder consultation. APPROVING AUTHORITIES AND APPLICATION PROCESS 6.16 6.16 Annex A defines the FWA Approving Authorities. 6.17 Arrangements to use FWA are to be negotiated in the first instance between the Defence member and their supervisor. In doing so, CO/supervisors and Defence members are to recognise that FWA may not be practical or viable for every position or circumstance. As a guide, the following considerations and requirements may preclude the employment of some types of FWA: a. Seagoing or field postings. b. Jobs that require daily direct customer face-to-face contact. c. Situations where regular, face-to-face contact with other team Defence members is an integral part of the job. d. Jobs where access to specialised requirements or classified information is required. e. Where supervisory or divisional responsibilities may conflict with FWA. f. Where the Defence member is posted to a training establishment. g. Where equipment or services required to undertake the proposed work cannot be reasonably provided by the Commonwealth. Refer to Annex C for Defence member and unit considerations when negotiating FWA. 6.18 Application process. Applications to use FWA are to be considered on a case-by-case basis using Form AE 406. Approval/non-approval, or recommendation/non-recommendation of an application is not to be a precedent for other applications. Single Services may require their own additional administrative requirements. COMMON EMPLOYMENT CONDITIONS 6.19 6.19 Eligibility. All Defence members are eligible to apply for HLW, VWH, ALW and ROW. Only Defence members of the Permanent Forces and Reserve Defence members already undertaking CFTS are eligible to apply for PTLWOP. In any case, the Defence member must have completed initial recruit or specialist training, and any period of service to consolidate that training as considered necessary by the Chief of the Defence Force or his authorised officer. Defence members deployed overseas on warlike and non-warlike (operational) deployments, on overseas representational duties, overseas exchange programs or on secondment are not eligible for PTLWOP. 6.20 Applications submitted by Reservists for PTLWOP in conjunction with CFTS employment will not normally be approved as other methods of part-time Reserve employment are available. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–6 6.21 Duration. The duration that a Defence member is permitted to use FWA is at the discretion of the Approving Authority, but is to be no longer than two years per application or the remaining tenure of the current posting. Reasons for FWA duration may include, but are not restricted to: 6.22 a. a short-term arrangement to enable a Defence member to continue working during a temporary, unforeseen circumstance which prevents them attending the workplace; b. an ongoing arrangement for the expected duration of a specific project or posting; c. enabling a Defence member to meet personal responsibilities and obligations; or d. the two-year period immediately following the birth, or in the case of adoption, the date of placement, of a child or children, for a Defence member returning from MATL or PATL. The minimum period for a PTLWOP arrangement is three months. 6.23 The arrangement must be reviewed regularly, at intervals determined during negotiation, to ensure it continues to meet organisational and individual needs. 6.24 ALW. Defence members may be employed on ALW remote from their posted position if this has been negotiated and accepted by the unit management, and approved by the Approving Authority. This might enable employment of Defence members who would otherwise be required to take LWOP to accompany their spouse or Service-recognised interdependent partner interstate or overseas. However, such arrangements are to be cost-neutral for the ADF and are not to trigger any removal entitlement or removal allowances. 6.25 ROW. Defence members on LWOP overseas may be employed on ROW. This may enable employment of Defence members who may otherwise be required to take LWOP to accompany their spouse or Service-recognised interdependent partner overseas. However, they are to: a. be posted to an established ADF position; b. return to CFTS; c. apply for the appropriate type of FWA; and d. revert to LWOP when the FWA terminates, or where necessary, arrange a consecutive FWA for the remaining tenure of the spouse’s or Service-recognised interdependent partner’s posting. 6.26 Defence members who apply to be employed on FWA while overseas, must, prior to making the FWA application, seek formal advice from the local Australian Diplomatic Mission on any limitations, if any, that might apply to working in the host country. The advice from the Mission must be attached to the FWA application. 6.27 Given strict caps on staffing levels for overseas positions, and competition for those positions, this would normally require the Defence member to be posted to an established position within an Australian-based unit, for duties relevant to that unit. There should be no disadvantage to other Defence members for the opportunity to serve overseas. 6.28 Additional hours. Defence members on FWA may be required to work extra hours in addition to those specified in the FWA. 6.29 Unit commitments. Defence members on FWA are to be included in normal unit commitments such as parades, training, courses and other unit activities, and may be tasked with secondary duties and/or rostered in a manner equitable to other Defence members when practicable to do so. Unit management is responsible for scheduling duties in a manner consistent with the Defence member’s FWA. 6.30 Variation to FWA. Authority may vary FWA where: a. the Defence member requests a variation to FWA, which is agreeable to all parties; b. a genuine operational priority arises that necessitates full-time attendance of the Defence member that cannot be resolved through any other means; AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–7 6.31 c. proposed temporary or permanent changes to the existing FWA are negotiated with the Defence member; d. due regard has been given to the impact on, and interests and views of, the Defence member; or e. any other factor relevant to the circumstances in which approval for FWA was granted has been considered. Cancellation of FWA. An Approving Authority may cancel FWA if: a. a request is received from the Defence member to do so; b. the Defence member ceases to comply with the agreed FWA requirements; c. the Defence member is posted from the approved FWA position; d. there is a change in the Defence member’s circumstances and/or the genuine operational priorities of the unit, Service or ADF; or e. unit management does not consider the working arrangement to be effective following due consideration. 6.32 Termination/variation provisions. Normally a minimum notice of one month is to be given by the CO/supervisor or the Defence member to terminate or vary FWA. The principles of procedural fairness should be applied in deciding to terminate or vary a FWA. A CO/supervisor wishing to cease or vary FWA is to provide full written details to the Defence member and the Approving Authority as applicable. In any job-shared situation, termination of one FWA may result in the termination of the second FWA if suitable alternative arrangements cannot be made. 6.33 Obligation to meet Service requirements. Defence members on FWA continue to be under an obligation to serve wherever and whenever required. For example, affected Defence members may be required to undertake sea duty, or proceed on deployment/exercise/courses. In these cases, the FWA would normally be temporarily suspended while the Defence member returns to the normal working arrangement. 6.34 Individual readiness. Defence members on FWA are required to meet normal individual readiness standards as specified in MILPERSMAN, Part 3, Chapter 1—‘Australian Defence Force policy on Individual Readiness’ (formerly Defence Instruction (General) (DI(G)) PERS 36–2). 6.35 Communication. It is important to include Defence members on FWA in the functioning of the unit. Clear direction from CO/supervisors is vital in any FWA to ensure Defence members understand what is required of them. Appropriate inclusion in formal and informal workplace communication and decision-making, and access to information such as briefings, meeting outcomes, unit orders and notices, etc is also important to keep Defence members informed and involved. Similarly, Defence members are to seek and obtain regular information from the workplace. 6.36 Defence members on FWA are required to report regularly to their supervisors on the work undertaken. The timings of such reports are to be specified in FWA. Sufficient contact is to be maintained between the Defence member and their supervisor to ensure an accurate and comprehensive performance evaluation can be undertaken. 6.37 Performance appraisal. Defence members on FWA are subject to normal ADF performance appraisal procedures as detailed in MILPERSMAN, Part 5, Chapter 2—‘Performance appraisal reporting in the Australian Defence Force’ (formerly DI(G) PERS 10–8). When the Defence member is on FWA, the appraisal form is to include reference to this fact. Defence members on FWA are to be effectively supervised and supported and have their performance assessed appropriately. In the case of HLW, supervisors will need to shift from traditional ‘line of sight management’ and use contemporary performance management techniques by clearly setting goals and targets and measuring performance against their achievement. For Defence members on PTLWOP, the period of observation will be based on the actual period of observation, irrespective of the number of days worked per pay period. Productivity expectations are to be appropriately addressed and aligned with actual attendance hours in the goal setting/Preliminary Review of Performance stage of assessment. UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–8 6.38 Promotion. Defence members on FWA remain eligible for promotion provided they meet normal single Service promotion criteria. For Defence members on PTLWOP, seniority/time in rank may be calculated on a pro rata basis. For more information about calculating pro rata variations, refer to PACMAN, Chapter 5, Part 8, Division 2, clause 5.8.16 and Chapter 3, Part 2, Division 1, clause 3.2.7. 6.39 Career/personnel management advice. The normal single Service provisions for career/personnel management consultation with CMA/PMA staff apply to Defence members on FWA. In particular, Defence members considering PTLWOP should consult their career/personnel managers regarding their career prospects given the potential effect of PTLWOP on seniority. 6.40 Non-ADF employment. Any non-ADF employment that is undertaken during off-duty periods (ie after work hours and those days FWA Defence members are not working for the ADF) must be approved in accordance with MILPERSMAN, Part 7, Chapter 3—‘Employment and voluntary activities of Australian Defence Force members in off–duty hours’ (formerly DI(G) PERS 25–2). 6.41 Training and development. Defence members on FWA are entitled to normal Service training and development opportunities, although Service requirements may dictate priorities. This includes, for example, opportunities for career development courses, project teams, working parties, and representational duties. SPECIFIC TEMPORARY HOME LOCATED WORK CONDITIONS 6.42 6.42 Work Health and Safety (WHS). Part 2 of the Work Health and Safety Act 2011 prescribes that a person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of workers. Furthermore, workers must take reasonable care for their own health and safety. In practical terms, duty of care applies equally to the HLW site. 6.43 With regard to what is reasonably practicable, the Approving Authority must evaluate and make an informed judgement that the working environment at home is safe and the health of the Defence member is not jeopardised. The Approving Authority needs to be satisfied that: a. ergonomically-sound facilities exist in the home so that the work can be undertaken; b. the place of work is well equipped to cater for local climatic conditions (heating, cooling, shade, etc) and that the place has suitable lighting for the task; c. the place allows work to be performed without undue distraction; and d. there are facilities enabling communication during work hours (telephone, email). 6.44 Defence uses OfficeSAFE regarding safety practices for members looking to apply for HLW or ALW. If the Approving Authority has any doubts as to the safety and suitability of a HLW or ALW site, they must ensure that a qualified WHS assessor conducts an inspection on their behalf. The Defence Work Health and Safety Manual (Defence WHS Manual), Volume 2, Part 2—‘Hazard prevention’, Chapter 1, is to be used as guidance in conducting ‘home office’ assessments in connection with the implementation of this chapter. Further information on OfficeSAFE is available on the Defence Intranet. 6.45 If the Approving Authority is not satisfied with the inspection result, or the facilities are considered inadequate, approval to work from home must not be given. Alterations to private dwellings, Service residences or accommodation sublet to the Defence member by the Commonwealth or Defence Housing Authority are not to be carried out at Commonwealth expense for the purpose of undertaking HLW. 6.46 Any work-related injury sustained while working at home must be reported as soon as practicable to the Approving Authority using Form AC 563—Defence Work Health and Safety (WHS) Incident Report. Defence WHS Manual, Volume 2, Part 5—‘Incident management’, Chapter 1 details the notification and reporting requirements of WHS-related incidents. Defence members working from home are to be made aware of these requirements. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–9 6.47 Security. The Approving Authority must ensure that appropriate measures are in place to protect classified information and Commonwealth assets. Preferably, Defence members undertaking HLW should not have access to any classified or sensitive material. However, if this is unavoidable, the provisions of the Defence Security Manual (DSM), Part 2:60—‘Physical Security’ for Guidelines on the processing, handling, storage and security of hard and soft copies for sensitive and classified information will apply and a security inspection would normally be required. 6.48 Security incidents which arise when working from home must be reported immediately to the Unit Security Officer. The Defence member working from home should recognise and accept that the immediate family, and other family and friends who visit the HLW site, do not need to know about the work being performed. The Defence member is to take steps to deny family and friends access to the work, including any information stored on a privately-owned computer. Any compromise to security may result in termination of the HLW agreement. 6.49 Access to HLW and ALW sites. It may be necessary at times for third parties to gain access to the Defence member’s HLW or ALW site. Access arrangements should be negotiated and Defence members should be aware that unreasonable refusal for access to the HLW or ALW site constitutes grounds for termination of the HLW agreement. 6.50 Unless urgent access is required, normally notice of one day is to be given. Urgent access is to be by mutual agreement and may be required for: 6.51 a. maintenance of faulty Commonwealth equipment; b. WHS purposes; c. urgent security and audit purposes; or d. any other compelling reason as determined by the Approving Authority. The purposes for which non-urgent access may be sought include, but are not limited to: a. routine maintenance of Commonwealth equipment; b. assessing and monitoring security arrangements of equipment and documents; and c. routine WHS assessments. 6.52 Equipment. HLW or ALW is to be achieved on a cost-neutral basis where possible. Suitable equipment, where available, is to be provided to allow the Defence member to carry out their duties adequately. Purchase of any equipment to facilitate a HLW agreement should only occur where the Approving Authority agrees the purchase is necessary to meet the Service requirement. 6.53 Privately-owned computers may be used at the discretion of the owner, however the Commonwealth might not be responsible for any subsequent damage or maintenance required during the course of duties performed for the purposes of the HLW agreement. Defence Restricted Network (DRN)—approved virus protection software must be installed onto a privately-owned computer. This software is available through the DRN Service Desk (telephone: 133 272). Defence members must not place any information above the classification of RESTRICTED on a privately-owned computer. Stationery requirements are to be supplied by the unit as necessary. 6.54 Work-related costs. Claims for work-related costs, such as telephone calls, ADSL/cable/dial-up connections and modem/fax transmissions, may be submitted on Form AC 984–1— Claim for Local or Overseas Payment Direct Payments, available on the Defence Web Forms System, to the relevant Local Organisation Funds Manager. All claims must be accompanied by documentary evidence. Where work-related costs are not met through the Commonwealth, such as deductions for depreciation of work-related items and electricity and heating costs, these may be claimable through annual tax returns. Accordingly, Defence members may wish to consider seeking advice from a tax consultant. 6.55 Claim for compensation. Defence members of the ADF have compensation cover under the Military Rehabilitation and Compensation Act 2004. Eligible Defence members may also be entitled to benefits available under the Veterans’ Entitlements Act 1986 for those who enlisted before 22 May 1986 and who have CFTS since that date. Inquiries regarding compensation eligibility and entitlements should be directed to the Department of Veterans’ Affairs. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–10 SPECIFIC PART–TIME LEAVE WITHOUT PAY EMPLOYMENT CONDITIONS AND REMUNERATION 6.56 6.56 Retention of PTLWOP status. The following guidelines indicate how decisions on retention of PTLWOP status may be made: 6.57 a. Defence members on PTLWOP who undertake service away from the geographic location of the PTLWOP position (for example, deployment/exercise duties) will, in most cases, be required to revert to full-time status for the duration of such duties. If so, the Defence member will normally return to PTLWOP at the end of those duties. In such cases, there is to be no extension to the maximum duration as outlined in Paragraph 6.21 of this chapter although new and consecutive FWA may be negotiated in line with that Paragraph. b. Regardless of the geographic location of the duties, if the nature of those duties permits their fulfilment on a part-time basis, then, and at the discretion of the Defence member’s CO/supervisor, the Defence member may be permitted to remain on PTLWOP while undertaking those duties. c. In the case of the Royal Australian Navy sea/shore roster, the sea component of the roster can only be undertaken in a full-time capacity. However, the shore component may be a PTLWOP arrangement. If the sea/shore roster for a particular category and rank is 18–36 months, a Defence member will normally spend 18 months at sea, followed by 36 months ashore regardless of the work arrangement for the shore component. For example, a Defence member in a PTLWOP arrangement of five days per pay period would still spend only 36 months onshore, not a pro rata duration of 72 months, followed by their sea posting. Days worked per pay period. PTLWOP can be used through either: a. a set number of work days per fortnightly pay period; or b. a set number of part (work) days per fortnightly pay period; or c. an established period of time in which either a set number of whole or part days can be worked in any one fortnightly pay period. 6.58 Irrespective of the arrangement negotiated, the total number of days or part days worked in each pay period must be an aggregate of full days. Refer to PACMAN, Chapter 5, Part 8, Division 2, clause 5.8.12 for more information. 6.59 Maximum and minimum number of workdays. In any fortnightly pay period, a Defence member on PTLWOP must work a minimum of one day and may work up to a maximum of nine days, see PACMAN, Chapter 5, Part 8, Division 2, clause 5.8.12. Where job-sharing is involved, the maximum number of days that would normally be worked (in total) by all Defence members involved is 10 days in any 14-day pay period. 6.60 Liability for postings. Defence members on PTLWOP remain liable for posting during the period of PTLWOP. Nonetheless, CMAs/PMAs are to endeavour not to post Defence members during approved periods of PTLWOP unless genuine operational priorities determine otherwise. 6.61 Return of service obligations (ROSO)/undertaking for further service (UFFS). Defence members with a ROSO or UFFS may acquit such obligations utilising their paid days of PTLWOP. The rate of acquittal will be 1.4 days ROSO for each day that salary is earned. For information on Military Superannuation Benefits Scheme (MSBS) Retention Benefit continuity of service, refer to Paragraph 6.64. 6.62 Salary and salary increments. The salary payable to a Defence member employed under PTLWOP is to be in accordance with PACMAN, Chapter 5, Part 8, Division 1, clause 3.2.3. 6.63 Allowances. For information about the qualifying criteria and conditions for allowances, refer to PACMAN, Chapter 5, Part 8, Division 1, clause 5.8.6. This includes continuous allowances, on occurrence allowances, district allowances, overseas allowances, and higher duties allowances. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–11 6.64 Superannuation. Defence members on PTLWOP remain Defence members of the Defence Force Retirement and Death Benefit Scheme or the MSBS. Contributions by Defence members on PTLWOP will be subject to the provisions of the Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991. Defence members are advised to seek advice regarding any impacts FWA may have on their superannuation. 6.65 Leave. For information about leave entitlements and accrual, refer to the PACMAN, Chapter 5, Part 8, Division 2, clause 5.8.6. This includes basic recreation leave, long service leave, compassionate leave, absence due to illness or absence for convalescence, MATL, PATL and public holidays. 6.66 Completion bonus. Defence members entitled to a completion bonus may have their required period of service increased on a pro rata basis. Defence members are advised to determine if their completion bonus will be affected by FWA. 6.67 Medical and dental treatment. Defence members on PTLWOP are entitled to the same range of medical and dental treatment as other full-time Defence members. Where a Defence member is hospitalised, they are to revert to full-time duty status for the duration of the period of hospitalisation. 6.68 Housing/accommodation. A Defence member’s housing or accommodation entitlement may be affected by PTLWOP. Defence members should refer to PACMAN, Chapter 7 for more information. The CMA/PMA is to include Defence Housing Authority as an addressee when approving an application for less than five full days PTLWOP. This ensures arrangements are in place to pay the correct housing contribution. 6.69 Civil Schooling, Vocational and Educational Training and Defence Force Assistance Studies Scheme. Dependent upon training requirements and the numbers of hours involved, Defence members on PTLWOP are entitled to participate in these schemes subject to normal approval. 6.70 Defence Force Service Medal (DFSM). As the award of the DFSM is based on the period of service and not the actual days worked, employment under PTLWOP conditions does not affect a Defence member’s eligibility for this Medal. RELATED PUBLICATIONS AND LEGISLATION 6.71 ADF Pay and Conditions Manual (PACMAN) Air Force Act 1923 Defence Act 1903 Defence Force Discipline Act 1982 Defence Force Retirement and Death Benefits Act 1973 Defence Honours and Awards Manual Defence Safety Manual (SAFETYMAN) Defence Security Manual (DSM) DI(G) PERS 05–1—Defence Assisted Study Scheme Military Rehabilitation and Compensation Act 2004 Military Superannuation and Benefits Act 1991 MILPERSMAN, Part 2, Chapter 1—‘Inherent requirements of service in the Australian Defence Force’ (DI(G) PERS 36–3) MILPERSMAN, Part 3, Chapter 1—‘Australian Defence Force policy on Individual Readiness’ (formerly DI(G) PERS 36–2) MILPERSMAN, Part 5, Chapter 2—‘Performance appraisal reporting in the Australian Defence Force’ (formerly DI(G) PERS 10–8) AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6–12 MILPERSMAN, Part 7, Chapter 3—‘Employment and voluntary activities of Australian Defence Force members in off–duty hours’ (formerly DI(G) PERS 25–2) Naval Defence Act 1910 Public Service Act 1999 Veterans’ Entitlements Act 1986 Work Health and Safety Act 2011 Annexes: A. Definitions and abbreviations B. Part–time Leave Without Pay application and approval process C. Defence member and Unit Management considerations when negotiating flexible work arrangements Sponsor: DGPPEC (DMPP) AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 ANNEX A TO CHAPTER 6 DEFINITIONS AND ABBREVIATIONS A The following definitions apply to this Chapter. Approving Authorities means: a. For Temporary Home Located Work: Commanding Officer (CO)/supervisor (at least MAJ(E)). b. For Variable Working Hours: CO/supervisor (MAJ(E) or appropriate delegate). c. For Part-time Leave Without Pay: Approving Authorities who are authorised by the Chief of the Defence Force to approve part-time leave without pay applications are appointed within the Career Management Agencies (CMA)/Personnel Management Agencies (PMA). For details on these persons, refer to ADF Pay and Conditions Manual (PACMAN), Chapter 5, Part 8—‘Leave without pay’. d. For Alternate Located Work: CO/supervisor (at least MAJ (E)). e. For Remote Overseas Work: Delegate within CMA/PMA. Defence employees who are supervisors of Defence members means any person employed in the Department of Defence under section 22 of the Public Service Act 1999 who is: a. Australian Public Service Level 6 or above, and b. a supervisor or manager of a Defence member. Job-sharing is defined as the performance of the duties of one position by two or more Defence members, where each Defence member completes only part of those duties on a part-time basis. ADF Australian Defence Force APS Australian Public Service CDF Chief of the Defence Force CFTS Continuous Full-time Service CMA Career Management Agency CO Commanding Officers DFDA Defence Force Discipline Act 1982 DFSM Defence Force Service Medal DHA Defence Housing Authority DI(G) Defence Instruction (General) DMPP Directorate of Military Personnel Policy DRN Defence Restricted Network ESP External Service Providers FWA Flexible Work Arrangements LWOP Leave Without Pay MATL Maternity Leave MSBS Military Superannuation Benefits Scheme PACMAN ADF Pay and Conditions Manual AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6A–2 PATL Parental Leave PMA Personnel Management Agency PMKeyS Personnel Management Key Solution PTLWOP Part-time Leave Without Pay ROSO Return of Service Obligations THLW Temporary Home Located Work UFFS Undertaking for Further Service VWH Variable Working Hours WHS Work Health and Safety AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 ANNEX B TO CHAPTER 6 PART–TIME LEAVE WITHOUT PAY APPLICATION AND APPROVAL PROCESS Introduction B 1 1. This Annex provides the administrative process to be followed for the management of applications for part-time leave without pay (PTLWOP). Approving Authority 6.2 2. ADF Pay and Conditions Manual (PACMAN), Volume 1, Chapter 5, Part 8, Division 2, clause 5.8.10 details single Service Approving Authorities for PTLWOP applications. Application process 6.3 3. Applications for PTLWOP are to be submitted at least one month in advance, in all but exceptional circumstances, (and up to eight months where a posting may be required) to allow sufficient time for the administrative process and effecting pay changes. The following application process applies: a. The Defence member submits an application to the administering Commanding Officer (CO)/supervisor through the management chain, along with the acknowledgement form in Annex D of this Chapter. b. The application must be supported with appropriate documentation, including, where necessary, an application to undertake employment in off-duty hours, details of other leave applied for/approved to be taken in conjunction with the proposed PTLWOP, an application for temporary home located work, etc. Commanding Officer/Supervisor action 6.4 4. When considering a PTLWOP application, the CO/supervisor is to be guided by this Chapter and is to give each application a full and fair analysis. This may include: a. considering alternative options to meet the needs of the Defence member and the unit such as variations to the initial request; b. negotiating with other units/COs/supervisors with regards to job-sharing and PTLWOP options; and/or c. advising the Defence member and the Approving Authority that the position is suitable for part-time only under a job-share arrangement to provide full-time coverage. 5. Regardless of the recommendation, the CO/supervisor is to forward the application to the single Service Career Management Agency (CMA)/Personnel Management Agency (PMA) for further action. 6. CO/supervisor is to counsel the Defence member with respect to the Defence members obligations under flexible working arrangements (FWA). 7. The Defence member’s CO/supervisor is to remind the Defence member that it is their responsibility to find out what consequences any period of PTLWOP may have on their remuneration and conditions of service. 8. CO/supervisor is to review the requirement and the effectiveness of the PTLWOP arrangement at regular intervals. At the cessation of the arrangement, the Defence member reverts to full-time duty, unless application for its renewal has been made and subsequently approved. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6B–2 Career Management Agency/Personnel Management Agency action 6.9 9. For applications recommended by COs/supervisors, the CMA/PMA Approving Authority should notify the Defence member and the Defence member’s CO/supervisor of the receipt of the application and should action it as soon as practicable. The notification is to include advice and recommendations regarding the pro rata return of service obligation, undertaking for further service, seniority and time in rank provisions applicable to the Defence member. 10. For applications not recommended by COs/supervisors, CMAs/PMAs may investigate other opportunities for PTLWOP/job-sharing with other units and other PTLWOP applicants. In such cases, the CMA/PMA will provide the necessary response to the Defence member and take any consequent posting and administrative action. 11. CMA/PMA will normally endeavour not to post Defence members during an approved period of PTLWOP. Unit action 6.12 12. Details of the approved PTLWOP are entered into PMKeyS for leave, pay, allowances, housing and accommodation in accordance with Instructions contained in the relevant Defence Force Salary and Allowance Accounting Circulars. The Defence member’s unit is also to ensure that administrative actions relating to leave credits are actioned. 13. The unit is responsible for ensuring that approved applications and supporting documentation are filed on the Defence member’s personal file. Termination or variation provisions 6.14 14. The Defence member or the Approving Authority, normally with a minimum notice of one month, may terminate or vary PTLWOP arrangements at any time. The prescribed period of notice can be reduced, subject to the agreement of the Defence member, the Defence member’s CO/supervisor and the Approving Authority. A CO/supervisor wishing to cease or vary a PTLWOP arrangement is to provide full details to the Defence member and the Approving Authority as applicable. If the appropriate authority approves the cessation or variation of the agreement, notification will be provided to the unit and the Defence member. 15. A Defence member on PTLWOP in the two-year period immediately following the birth, or in the case of an adoption, the date of placement of a child, or children is not to have FWA cancelled, unless genuine operational priorities exist or the Defence member agrees. 16. In any job-shared situation, termination of one PTLWOP arrangement may result in the termination of the second PTLWOP arrangement if suitable alternative arrangements cannot be made. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 ANNEX C TO CHAPTER 6 DEFENCE MEMBER AND UNIT MANAGEMENT CONSIDERATIONS WHEN NEGOTIATING FLEXIBLE WORK ARRANGEMENTS JOB SUITABILITY C 1 1. The type of tasks suited to different forms of flexible work arrangements (FWA) will vary, but most jobs offer scope to enable Defence members to achieve a work-life balance. Where FWA may not be practical or viable options, alternative management strategies are to be identified and employed in order to achieve the best possible outcome for both the Defence member and the organisation. DEFENCE MEMBER APPLICATION CONSIDERATIONS 6.2 2. The ability for Defence members to access FWA is varied and may be influenced by rank level in the Australian Defence Force (ADF), the duties and responsibilities of the position, and the role of the unit. To increase chances of successful application, coordinated strategies are required, including planning, information and support. Defence members seeking FWA are encouraged to take the following actions where applicable: a. Present a convincing case to highlight specific personal attributes and the associated merits of being employed under FWA. Defence members who are well reported, trained and experienced are more likely to succeed on the basis of retention of skills and corporate knowledge. b. FWA, in particular Temporary Home Located Work (THLW), are not suitable for everyone. The Defence member needs self-discipline, good time management, and organisational skills. Defence members considering THLW should not require direct supervision and should consider developing an effective ‘home and work’ plan to ensure steady productivity. THLW is not intended as a substitute for full-time, ongoing dependant care. c. Research employment options in advance. Defence members seeking FWA may increase their chances of success if they accept a high level of personal responsibility for finding a suitable position or task and/or other Defence members willing to job-share. This may require proactive networking and discussions with Career Management Agencies (CMA)/Personnel Management Agencies (PMA). d. Be realistic and consider the priority level of the position within a unit. A position within an operational unit with heavy exercise or deployment demands is unlikely to support an application for FWA. Alternatively, units with positions that have a lower manning priority may be more willing to employ Defence members on FWA arrangements. e. Be prepared to be flexible when negotiating FWA. FWA are to be mutually acceptable, so Defence members need to be prepared to work with their Commanding Officers (CO)/supervisors and CMA/PMA to explore options that will optimise both individual needs and unit needs. A CO/supervisor may be willing to consider a variation on a Defence member’s request utilising one or more FWA or leave provisions. f. Allow sufficient time for FWA applications to be considered. By giving advance notice of FWA intentions, CO/supervisors or CMA/PMA may be in a position to facilitate a posting to a position where FWA are more accessible. Sufficient time will allow exploration of alternative options if the initial application is rejected. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6C–2 UNIT MANAGEMENT CONSIDERATIONS 6.3 3. When assessing an application for FWA, unit management is to give consideration to extant Defence policy, the needs of the Defence member and the potential benefits of using FWA as a retention tool, and objectively assess implications on operational capability and effectiveness: a. Proper analysis of an application is important because successful FWA are often dependent upon a combination of factors including the work ethic of the individual, the requirements of the position, adequate planning and job design. Importantly, in some positions, output and productivity are often more important than ‘face-time’ in the workplace. Agreed targets provide a means of determining the Defence member’s success based on performance and output. b. Unit management is to ensure that any Defence member contemplating FWA is fully aware of the details of this Chapter, including the possible termination of FWA that prove unsatisfactory to the Service for a substantive reason. Clear direction from CO/supervisors is vital in FWA to ensure the Defence member understands what is required of them. FURTHER CONSIDERATIONS Consider the reasons behind the flexible work arrangement request 4. 6.4 4 Reasons for FWA are varied but may include: a. allowing greater participation in the care and nurturing of a child, or children, in the two-year period immediately following the birth, or in the case of adoption, the date of placement, of a child or children; b. enabling respite from arduous periods of ADF service; c. fulfilling education, training or other aspirations without terminating ADF service; d. enabling Defence members to meet their personal and other responsibilities and obligations; and e. enabling Defence members who are accompanying their spouse or Service-recognised interdependent partner on posting interstate or overseas, and who would normally be required to take leave without pay (LWOP), to continue working. 5. Is it a temporary (ie to overcome particular or unforeseen circumstance) or ongoing (ie 12-month or duration of posting) request? Is it a full-time or part-time request? How flexible is the Defence member with regards to the proposed arrangements? How flexible can the unit be with regards to the proposed arrangements? Would Long Service Leave or LWOP be more suitable? 6. THLW is not intended as a substitute for full-time, ongoing dependent care. Simultaneous work from home and child or dependant care will reduce the quality of both, and will create stress for the Defence member. Accordingly, applications for THLW are not to be made on the basis of a Defence member’s need to provide long-term care. What are the advantages for the Defence member? 6.7 7. Do FWA meet an immediate short-term need? Or will they provide increased flexibility and give the Defence member more opportunities for balancing work? FWA can encourage improved time management and work organisation skills. Will FWA assist in retention of the Defence member given that their personal satisfaction will increase? THLW and Variable Working Hours may give the Defence member less distraction from interruptions and therefore increase output. What are the advantages for the unit? 6.8 8. FWA may reduce absenteeism or despondency because of more options for Defence members to manage their personal obligations. FWA also enable retention of skilled Defence members; develop outcome-oriented management skills, develop responsible, self-managing Defence members, and improve commitment and motivation for Defence members whose needs are met. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 6C–3 Establish whether the duties are suitable for flexible work arrangements 6.9 9. Some jobs are more suitable to FWA than others. Careful consideration of tasks and responsibilities is required when assessing an application. Is job-share required or preferred to enable part-time leave without pay (PTLWOP) to be used? Can the job be done safely and efficiently by a person working from home? Some jobs can only be done safely by using special equipment or by following working procedures that are not appropriate for home-based work. Some jobs may need an element of redesign to ensure that work given to the Defence member is suitable to be completed at home. Jobs that can be separated into discrete tasks are most suitable. Consider the effect on the operational effectiveness of the unit 6.10 10. Will the request diminish unit effectiveness, or is it an appropriate arrangement? With or without job redesign, will the request enable specific projects to be completed in a timely manner without affecting overall unit productivity? Will the Defence member still be able to meet training or deployment commitments? How will the request impact on other personnel working in the section or unit? Establish agreed hours of work and communications procedures 6.11 11. The FWA agreement needs to be thoroughly understood by both the Defence member and the Approving Authority. Establish the working arrangement on which work can be done. This can be as flexible or as specific as the Approving Authority requires. Agree on procedures for progress reports, which may include in person updates, email, facsimile or telephone reports. 12. It is also useful to establish the way in which performance will be monitored and assessed and to establish communication procedures to ensure that appropriate information is passed between the Defence member, colleagues, supervisors and management. Direction and feedback by supervisors need to be clear and regular. Establish what, if any, equipment will be necessary for a Defence member to safely undertake home-based work 6.13 13. Does the Defence member own a suitable desk, chair and computer? Is there any other equipment that the Defence member may need to use for the work involved? Equipment supply should be cost-neutral where possible. Establish whether security arrangements are required to work from home 6.14 14. Work that requires access to security storage is not normally suited to THLW. Can this be overcome if necessary? If not, can the requirements of the Defence Security and Protective Security Manuals be adhered to? Can appropriate physical security be guaranteed on a cost-neutral basis? Establish that the person who will be working from home has the ability to do the work safely and efficiently 6.15 15. Is the Defence member applying for THLW familiar with safe working procedures? Is the Defence member sufficiently disciplined and motivated to undertake and complete the work indirectly supervised? Will the Defence member be at risk of overwork or under-work? Does the Defence member have a plan to clearly separate and balance work and personal commitments while ‘on duty’ at home? 16. For Army. Will the request affect a Defence member’s career progression due to impacts on seniority during periods of PTLWOP? Will the Defence member be in a position to attend all career courses? 17. The potential impact of FWA is to be discussed with the Defence member’s respective CMA/PMA prior to the Defence member entering into a FWA agreement, including the Defence member’s availability to attend career courses. AL5 UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 7 VOLUNTARY UNPAID DUTY INTRODUCTION 7 7.1 7.1 The policy on voluntary unpaid duty is being developed and will be included in this Chapter in due course. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 8 DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001—POLICY AND PROCEDURES FOR COMPLAINT RESOLUTION INTRODUCTION 8 8.1 8.1 The policy and procedures for complaint resolution under the Defence Reserve Service (Protection) Act 2001 is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 8.2 The extant policy remains Defence Instruction (General) PERS 34–5—Defence Reserve Service (Protection) Act 2001—policy and procedures for complaint resolution. Sponsor: CRESD (DRES) UNCONTROLLED IF PRINTED MILPERSMAN part 7 CHAPTER 9 DISCLOSURE OF PERSONAL INFORMATION TO THE DEPARTMENT OF VETERANS’ AFFAIRS AND COMSUPER INTRODUCTION 9 9.1 9.1 Research has shown that a close working relationship between Defence and the Department of Veterans’ Affairs (DVA), and early engagement between DVA and Australian Defence Force (ADF) members following an injury or illness, results in better outcomes for members and their families. In particular, early engagement allows DVA to take a more proactive role in determining the level of assistance that a member may require should they intend to make a claim for compensation in relation to an incident or their separation from the ADF. Additionally, early engagement with ComSuper has the potential to provide similar benefits for members claiming for invalidity. 9.2 Early engagement is particularly beneficial where a member is involved in a Serious Incident or the member’s service is to be terminated administratively on medical grounds or for any other reason that involves the Use of Prohibited Substances or the misuse of alcohol. However, early engagement can only occur if a member submits a claim to DVA and/or ComSuper in a timely manner or if DVA and, where relevant, ComSuper are notified by Defence of the member’s circumstance. SCOPE 9.3 9.3 This chapter sets out Defence’s policy regarding the provision of personal information to DVA and, where relevant, ComSuper when a member is involved in a Serious Incident or is to separate from the ADF on certain administrative grounds. POLICY STATEMENT 9.4 9.4 In order to ensure early engagement between members, DVA and, where relevant, ComSuper, Defence is committed to ensuring that: a. DVA is notified of all members who are involved in a Serious Incident or where a member’s service is to be terminated administratively, either on medical grounds or for any other reason that involves the Use of Prohibited Substances or the misuse of alcohol, as soon as practical after the event or the decision to terminate. b. ComSuper is notified of all members whose service is to be terminated administratively on medical grounds. DEFINTIONS 9.5 9.5 Common definitions used in this policy can be found in Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Glossary of common terms’ (http://intranet.defence.gov.au/home/ documents/data/DEFPUBS/DEPTMAN/MILPERSMAN/MILPERSMAN.pdf). The following specific definitions apply to this chapter: a. Family, for the purposes of this policy, means: (1) the member’s spouse or interdependent partner; (2) children who normally live with the member; and (3) the parents of a single member. AL4 UNCONTROLLED IF PRINTED MILPERSMAN part 7 9–2 b. Serious incident means a incident where a member has been classified in accordance with Defence Instruction (General) (DI(G)) PERS 11–2—Notification of Australian Defence Force and non-Australian Defence Force casualties (http://intranet.defence.gov.au/home/documents/DATA/ADFPUBS/DIG/GP11_02.pdf), as either: (1) seriously, or very seriously, injured (SI or VSI); or (2) seriously, or very seriously, ill (SI or VSI). c. Prohibited Substance(s) means a narcotic substance as defined in the Customs Act 1901 (http://www.comlaw.gov.au/Series/C1901A00006), section 1, section 2, section 3 and section 5 on the Prohibited Substance list as in The World Anti-Doping Code, Prohibited List, Benzodiazepines including temazepan (normison), diazepam (valium), flunitrazepan (rohypnol) and oxepan (serapax) or any other substance determined to be a Prohibited Substance by the Chief of the Defence Force. d. Use, in relation to Prohibited Substances, means where a member administers, or causes, or permits to be administered, to himself or herself a Prohibited Substance. NOTIFICATION TO DEPARTMENT OF VETERANS’ AFFAIRS AND COMSUPER Circumstances where Department of Veterans’ Affairs is to be notified 9.6 9.6 9.6 In order to facilitate early engagement between DVA and members, and to ensure that members and, where relevant, their families, are best placed to receive the level of support necessary to ensure their wellbeing, Defence will notify DVA if: a. the member is involved in a Serious Incident; or b. the member’s service is to be terminated for any of the following reasons: (1) (2) 1 If the member is an officer: (a) the officer is incapable of rendering effective service as a result of physical or mental incapacity, and it is not within the officer’s power to control the incapacity pursuant to Regulation 85(1)(a) of the Defence Personnel Regulations 2002 (DPR 2002) (http://www.comlaw.gov.au/Series/ F2002B00050); or (b) the officer is medically unfit (including unfitness because of mental incapacity) pursuant to Regulation 85(1)(b) of the DPR 2002; or if the member is an enlisted member: (a) the enlisted member is medically unfit (including unfitness because of mental incapacity) pursuant to Regulation 87(1)(c) of the DPR 2002; (b) the enlisted member does not comply with the medical standard for the trade or employment in which the enlisted member is engaged pursuant to Regulation 87(1)(d) of the DPR 2002; or (3) the misuse of alcohol, in accordance with MILPERSMAN, Part 4, Chapter 1—‘Misuse of Alcohol in the Defence Force’ (and any related subordinate single Service instructions), or (4) any other reason that involves the Use1 of Prohibited Substances, pursuant to either Part VIIIA of the Defence Act 1903 (http://www.comlaw.gov.au/Series/ C1903A00020) or Regulation 85 (1) or 87 (1) of the DPR 2002. Notification to DVA under Sub-subparagraph 9.6.b.(4) is only to occur where the member’s service is to be terminated in relation to the Use of Prohibited Substance(s). DVA is not to be notified if the member’s termination or discharge is associated with the possession or supply of Prohibited Substances. AL4 UNCONTROLLED IF PRINTED MILPERSMAN part 7 9–3 Circumstances where ComSuper is to be notified 9.7 9.7 In order to facilitate early engagement between ComSuper and members, where a member’s service is to be terminated for any of the circumstances set out in Sub-subparagraph 9.6.b.(1) or (2) above, Defence will notify ComSuper. Information to be disclosed 9.8 9.8 Defence may use the personal information it has collected through other means in relation to the incident, or separation process, and disclose it to DVA and/or ComSuper. 9.9 9.10 Specifically, Defence may disclose to DVA: a. the member’s name and Service details; b. that: (1) a Serious Incident has occurred (including a general description of the nature and timing of that incident); or (2) if the member’s service is to be terminated administratively on medical grounds, the member is to separate from Defence on medical grounds;2 or (3) if the member’s service is to be terminated administratively for any other reason that involves the Use of Prohibited Substances or the misuse of alcohol, the member is to separate from the ADF for administrative reasons;2 c. the member’s contact details (including current serving location), or the contact details of the member’s lodger/resident unit, as appropriate to the circumstances; and d. where relevant and, if known, the date effecting the member’s discharge or termination of service. Specifically, Defence may disclose to ComSuper: a. the member’s name and Service details; b. that the member is to separate from Defence on medical grounds;3 c. the member’s contact details (including current serving location) or the contact details of the member’s lodger/resident unit, as appropriate to the circumstances; and d. if known, the date effecting the member’s discharge or termination of service. Address for notification 9.11 9.11 Notification to DVA. Where the member is involved in a Serious Incident or is to separate for one of the circumstances described in Subparagraph 9.6.b above, the personal information set out in Paragraph 9.9 above is to be notified to DVA by email to [email protected] with either NOTICAS or SEPARATION (as applicable) as the first word in the Subject line. 9.12 Notification to ComSuper. Where the member is to separate on medical grounds, the personal information set out in Paragraph 9.10 above is to be notified to ComSuper by email to [email protected] with SEPARATION as the first word in the Subject line. 2 The notification to DVA is only to use the wording set out in either Sub-subparagraph 9.9.b.(2) or (3), as appropriate to the circumstances. No amplification of the reason/s behind the member’s separation is to be included. 3 The notification to ComSuper is only to use the wording set out in Subparagraph 9.10.b. No amplification of the reason behind the member’s separation is to be included. AL4 UNCONTROLLED IF PRINTED MILPERSMAN part 7 9–4 Timing of notification 9.13 9.13 The provision of personal information to DVA and/or ComSuper is to occur as soon as practical after either: 9.14 a. receipt of a NOTICAS with a classification of either SI or VSI, or b. confirmation that the member has been informed of the decision to terminate their service as a result of one of the circumstances described in Subparagraph 9.6.b. above. Unless there are exceptional circumstances, after hours notification is not required. Relationship to claims under the relevant legislation 9.15 9.15 The provision of this information by Defence to DVA and/or ComSuper, and any early engagement by DVA and/or ComSuper, does not constitute a claim, or acceptance of liability, under the relevant legislation nor does it remove from the member the responsibility to submit a claim to DVA and/or ComSuper. 9.16 If a member believes that they have sustained an injury or illness that is related to their ADF service, or intend to seek recognition of a retiring impairment, the member should submit a claim to the relevant authority as soon as practical. An early submission will help ensure an early determination as the evidence to support a claim should be readily available. In turn, an early determination will ensure that members, and, if relevant, their families, can plan for the future with confidence. RESPONSIBILITIES Service Chiefs 9.17 9.17 9.17 Service Chiefs are responsible for ensuring that DVA and, where relevant, Comsuper are notified of a decision to terminate a member’s service as a result of one of the circumstances described in Subparagraph 9.6.b. above. Within Army and Air Force, this responsibility has been delegated to the Director-General Career Management—Army and Director-General Personnel—Air Force respectively. Within Navy, responsibility has been delegated to the Officer in Charge of a Navy Personnel Support Unit. 9.18 Service Chiefs are also responsible for ensuring that all new members are informed that the disclosure of personal information to DVA and ComSuper in accordance with this policy is Defence’s normal practice. Members are to read and sign Form AE 460—Disclosure of Personal Information to the Department of Veterans’ Affairs and ComSuper (http://intranet.defence.gov.au/webforms/form?AE460), when completing initial pay and administrative documentation at their first unit/initial recruit/officer training establishment. A copy of the signed form is to be retained on the member’s personnel file. Director-General Defence Community Organisation 9.19 9.19 Director-General Defence Community Organisation is responsible for the promulgation of procedures within the Defence Community Organisation for the provision of advice to DVA following receipt of a NOTICAS with a classification of SI or VSI. AL4 UNCONTROLLED IF PRINTED MILPERSMAN part 7 9–5 EXPECTED OUTCOME OF NOTIFICATION 9.20 9.20 Following the provision of personal information by Defence to DVA and/or ComSuper, members can expect to be contacted by a representative from either DVA and/or ComSuper to determine: a. what level of assistance the member may need should they intend to make a claim for compensation, or invalidity, in relation to the incident in question or their separation from the ADF; and/or b. in the case of DVA, what other support DVA may be able to provide.4 9.21 Members are under no obligation to accept the assistance offered by DVA or ComSuper and are free to seek support, assistance and/or advocacy elsewhere should they wish. PRIVACY Gaining access to personal information 9.22 9.22 9.22 A member, or former member, may request access to the personal information that Defence has disclosed to DVA and/or ComSuper in accordance with this policy by writing to: a. their Personnel/Career Management Agency if the member’s service is to be, or was, terminated as a result of one of the circumstances described in subparagraph 9.6.b. above; or b. DGDCO if the disclosure relates to a Serious Incident/NOTICAS. 9.23 If the member’s, or former member’s, request is refused, Defence will provide reasons for the refusal to the member or former member. 9.24 If the member, or former member, is not satisfied with the decision on a request for access, they may seek access under the Freedom of Information Act 1982 (FOI Act) (http://www.comlaw.gov.au/Series/C2004A02562). Access requests must: 9.25 a. be in writing; b. state that the request is an application for the purposes of the FOI Act; c. provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it; and d. give details of how notices under the FOI Act may be sent to the applicant (for example, by providing an electronic address to which notices may be sent by electronic communication). All requests under the FOI Act are to be sent to: Freedom of Information Directorate Department of Defence CP1–6–001 PO Box 7910 CANBERRA BC ACT 2610 4 As well as providing rehabilitation and compensation to eligible members under the Veterans’ Entitlements Act 1986 (http://www.comlaw.gov.au/Series/C2004A03268), the Safety, Rehabilitation and Compensation Act 1988 (http://www.comlaw.gov.au/Series/C2004A03668) or the Military Rehabilitation and Compensation Act 2004 (http://www.comlaw.gov.au/ Series/C2004A01285), DVA may also pay for the treatment of diagnosed post traumatic stress disorder, other anxiety disorders, depression, malignant cancer or tuberculosis for eligible former serving personnel with no requirement for these conditions to be related to service. AL4 UNCONTROLLED IF PRINTED MILPERSMAN part 7 9–6 Complaints process 9.26 9.26 A member, or former member, may lodge a complaint regarding Defence’s management of the disclosure of the member’s personal information to DVA and/or ComSuper by contacting the relevant agency/appointment detailed in Paragraph 9.22 above. 9.27 If, after referring the matter to the relevant agency/appointment, the member, or former member, is not satisfied with the response to the complaint, they may lodge a complaint with the Office of the Australian Information Commissioner. RELATING POLICIES AND DOCUMENTS 9.28 Defence Instruction (General) (DI(G)) PERS 11–2—Notification of Australian Defence Force and non-Australian Defence Force casualties (http://intranet.defence.gov.au/home/documents/DATA/ ADFPUBS/DIG/GP11_02.pdf) MILPERSMAN, Part 4, Chapter 1—‘Misuse of Alcohol in the Defence Force’ MILPERSMAN, Part 4, Chapter 3—‘Management of the use or involvement with prohibited substances in the Australian Defence Force’ MILPERSMAN, Part 10, Chapter 4—‘Termination of service in the Australian Defence Force’ Defence Instruction (Navy) PERS 31–9—Management of alcohol and the prevention and management of alcohol abuse in the Royal Australian Navy (http://intranet.defence.gov.au/home/documents/ DATA/NAVYPUBS/DIN/NP31_09.PDF) Defence Instruction (Army) PERS 66–1—Alcohol use and the management of Alcohol misuse in the Army (http://intranet.defence.gov.au/home/documents/DATA/ARMYPUBS/DIA/AP66_1.PDF) Sponsor: HPC AL4 UNCONTROLLED IF PRINTED MILPERSMAN part 8 CHAPTER 1 GRADUATE MEDICAL SCHEME INTRODUCTION 1 1.1 1.1 The policy on the Graduate Medical Scheme is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 1.2 The extant policy remains Defence Instruction (General) PERS 5–18—Graduate Medical Scheme. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 8 CHAPTER 2 PRINCE OF WALES AWARDS INTRODUCTION 2 2.1 2.1 The Prince of Wales Award (POWA) Scheme seeks to reward selected Australian Defence Force (ADF) Reservists for their dedication and commitment to ADF Reserve service by providing an opportunity for individuals to undertake a training or development activity related to their civilian occupation or profession. In addition, selected POWA recipients may be offered an opportunity to undertake a military secondment in addition to their POWA activity. 2.2 The experience and knowledge gained from a successful POWA activity will provide ongoing benefits to the civilian employer, Defence and the Reservist while promoting cooperation and support between Defence and civilian employers. 2.3 POWA applicants must be judged on the merit of their applications in the context of their civilian employment or professional area, and have an equal chance of receiving a POWA irrespective of area of employment within the ADF. POLICY STATEMENT 2.4 2.4 POWAs are an important element of the ADF’s recognition and reward of Reservists for their dedication and commitment. The scheme is conducted on a State and Territory basis, and provides an opportunity for individual Reservists to undertake a training or development activity that enhances their civilian employment. SCOPE 2.5 2.5 The aim of this Chapter is to detail the procedures for the application, selection and administration of individuals participating in the POWA Scheme. 2.6 Reservists, regardless of ADF specialisation or trade, may apply for a POWA, provided they meet the eligibility criteria detailed below. DEFINITIONS 2.7 2.7 Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ contains common terms and definitions used throughout this Chapter. OVERVIEW 2.8 2.8 The scheme allows a POWA recipient to undertake, with the agreement and support of their civilian employer, a training or development activity related to their civilian occupation or profession. Defence will provide support to the value of up to $8000 for each POWA recipient. 2.9 The activity undertaken is not prescriptive. It may comprise a training course in Australia or overseas; attendance at a national or international conference or convention; or an attachment or placement with a civilian employer. 2.10 POWA applicants must develop and present a proposal that will highlight the potential benefits of undertaking the activity to their civilian professional development, their civilian employer and to Defence. This proposal must be presented in accordance with the guidance provided in Annex A. The proposal must also be developed in conjunction with, and receive the endorsement of, the POWA applicant’s civilian employer. UNCONTROLLED IF PRINTED MILPERSMAN part 8 2–2 2.11 The civilian employer must indicate, as part of their comments, what supportive activities they would be willing to undertake on behalf of Defence. These activities may include being available for media interviews, speaking on behalf of Defence at a function, or appearing in advertising in support of the ADF. ROLES AND RESPONSIBILITIES Delegations 2.12 2.12 2.12 The Vice Chief of the Defence Force (VCDF) has delegated to Head Cadet, Reserve and Employer Support Division (HCRESD) responsibility for the administration and management of the POWA Scheme. HCRESD is the delegate for the awarding of POWAs. 2.13 HCRESD has delegated to the Directorate of Reserve and Employer Support (DRES) the authority to staff all issues pertaining to the POWA Scheme. 2.14 Defence Reserves Support Council (DRSC) State and Territory committees will assist HCRESD with the selection process to identify POWA recipients. Award allocation 2.15 2.16 2.15 Up to two POWAs may be awarded in each of the following States on an annual basis: a. New South Wales, b. Queensland, c. South Australia, d. Victoria, and e. Western Australia. One POWA may be awarded in each of the following States and Territories on an annual basis: a. Tasmania, b. Australian Capital Territory, and c. Northern Territory. 2.17 One POWA only per Service may be awarded to officers of the rank Lieutenant Commander (LCDR), Major (MAJ) and Squadron Leader (SQNLDR) on an annual basis. 2.18 HCRESD has the discretion to increase the number of POWAs awarded in any particular State or Territory, if the quality of the applications warrants such a decision and the resources are available. Military secondment 2.19 2.19 In addition, selected POWA recipients may be offered an opportunity to undertake a military secondment in conjunction with their POWA activity. 2.20 HCRESD may offer selected POWA recipients an opportunity to undertake a military secondment in conjunction with their POWA activity, in order to maximise the benefit of the POWA to Defence. The secondment may be undertaken either in Australia or overseas, and will be in one of the capability areas identified by Defence. If such a secondment is offered and undertaken, it must be organised and administered by Cadet, Reserve and Employer Support Division (CRESD), in conjunction with the relevant Service. 2.21 CRESD will be responsible for funding military secondments offered to POWA recipients, including Reserve salaries. UNCONTROLLED IF PRINTED MILPERSMAN part 8 2–3 ELIGIBILITY 2.22 Criteria 2.22 2.22 To be eligible for consideration for a POWA, applicants must: a. be a member of the Royal Australian Navy (RAN) Reserve Active Reserve (AR), the Army High Readiness Reserve or AR, or Royal Australian Air Force (RAAF) Reserve (Band 1, 2, 3 or 4); b. hold substantive rank of: (1) RAN Reserve—Leading Seaman to LCDR, including Navy Chaplain Division 1; (2) Army Reserve—Corporal to MAJ; or (3) RAAF Reserve—Corporal to SQNLDR; c. be a serving member, with at least three years of effective Reserve service; and d. be declared ‘efficient’ in the financial year of application. Promotion 2.23 2.23 Notice of promotion prior to conduct of a POWA selection panel. A POWA applicant who is promoted, or is formally advised of promotion to O–5 prior to the conduct of a POWA selection panel immediately becomes ineligible for a POWA. Should a POWA applicant receive such a promotion advice, they must immediately advise the appropriate Defence Reserve Support (DRS) State or Territory office. 2.24 Notice of promotion after a POWA is awarded. A POWA applicant, who has been awarded a POWA and is subsequently advised of promotion to O–5, will be permitted to undertake the proposed POWA activity. Notwithstanding this, should a POWA recipient receive such a promotion advice, they must immediately advise the appropriate DRS State or Territory office. Employment 2.25 2.25 A POWA applicant must be in civilian employment or a full-time or part-time tertiary student or undertaking tertiary study. This can be on a full-time, permanent part-time or casual basis: a. POWA applicants may be employees, a member of a professional organisation or trade association. b. A POWA applicant who is self-employed (including as a partner of a partnership) is eligible to apply for a POWA with the support of the professional or trade association with whom they are affiliated. c. Tertiary students may apply for a POWA with the support of the educational institution with whom they are enrolled. 2.26 POWA applicants must submit a detailed proposal that is signed by their employer, supporting association, organisation or educational institution, which displays a tangible benefit to their employer, the supporting association, organisation or educational institution. Transfer to the Permanent Forces 2.27 2.27 If, during the selection process, a POWA applicant transfers from the Reserve to the Permanent Force, they will immediately become ineligible for a POWA. If such a transfer occurs after a POWA has been made, that POWA will be withdrawn and may be made to the next highest rated POWA applicant. 2.28 Reservists rendering Continuous Full-time Service (CFTS) are not eligible to submit a POWA application. UNCONTROLLED IF PRINTED MILPERSMAN part 8 2–4 2.29 A POWA recipient, who decides to undertake CFTS between being awarded and prior to commencing their activity, will maintain the POWA provided that the activity can be completed within the following financial year. APPLICATION AND SELECTION Application process 2.30 2.30 2.30 The development and submission of a POWA application is the responsibility of the POWA applicant. The application procedure and the POWA application form are in Annex A. 2.31 State and Territory DRS offices must complete initial background checks on each POWA applicant to ensure all requirements are met. DRS State and Territory Managers must verify that the POWA applicant has accurately recorded their military Service details. Selection committee 2.32 2.32 State and Territory selection committees are to be co-chaired; HCRESD is to appoint an officer not below the rank of O–5, and the State or Territory DRSC Chair is to appoint the other co-chair. The State and Territory DRSC Chair is responsible for assembling an appropriate selection committee, endorsed by HCRESD. Assessment criteria 2.33 2.33 CRESD will promulgate the assessment criteria used for the selection process. Selection committee co-chairs are to implement the assessment criteria within each State and Territory. CRESD is to ensure that POWA applicants are aware of the selection criteria. Selection process 2.34 2.34 The selection must be conducted as follows: a. Desk-top assessment. The selection committee must consider all POWA applications and place them in an initial order of merit. Based on the POWA applications, each selection committee must determine which applicants will be interviewed (the finalists). b. Interviews. Finalists will be interviewed by their State or Territory selection committee. c. Order of merit. Following the interviews, all POWA applicants will be placed in an order of merit for that State or Territory. Each State and Territory selection committee must forward to CRESD their final order of merit list, following the interview process. d. Confirmation. Confirmation for the awarding of each POWA will be made by HCRESD, after all State and Territory order of merit lists are received by CRESD and consolidated. IMPLEMENTATION General 2.35 2.35 2.35 POWAs must be undertaken by the end of the financial year following the award of the POWA, unless an extension of time is approved by HCRESD. Such an extension may only be approved where HCRESD determines exceptional circumstances exist that justify approval of an extension. Requests for extension of time to undertake a POWA must be submitted by the POWA recipient to HCRESD in writing, providing in full detail the exceptional circumstances to be considered. 2.36 All travel requirements, including flight and accommodation bookings, attendance at activities, visas and security clearances, are the responsibility of the POWA recipient. Annual schedule 2.37 2.37 The dates for the conduct of the POWA Scheme are to be coordinated by CRESD with DRS State and Territory offices, and are to be published each year on the Defence Reserves web page. An outline of the time line for the POWA Scheme is in Annex B. UNCONTROLLED IF PRINTED MILPERSMAN part 8 2–5 Awards presentation 2.38 2.38 POWA presentations to mark successful POWA recipients should be coordinated by CRESD in conjunction with DRSC employer award ceremonies. Resources 2.39 2.39 Bidding. HCRESD is responsible for forecasting, bidding and allocating the resources to manage the POWA Scheme, including funding for the selection process and for the POWAs. HCRESD is responsible for reviewing the value of POWA grants periodically, and recommending to VCDF any adjustment. 2.40 Allocation. CRESD will provide POWA recipients with up to $8000 to undertake an agreed activity. The POWA recipient, or the POWA recipient’s civilian employer, professional organisation, trade association or educational institution, may also contribute to the funding for the agreed activity. 2.41 Governance. HCRESD, on behalf of Defence, must ensure that the intended POWAs are an appropriate use of public funds. ADMINISTRATION Funding 2.42 2.42 2.42 Funding approval for POWA Scheme selection activities, including attendance at selection committees, is to be provided by CRESD. DRS State and Territory offices, and POWA applicants, must not commit funds until approval is received in writing from CRESD. 2.43 Each POWA recipient will receive written advice from HCRESD of the funding allocated for their proposed activity. POWA recipients are responsible for managing the allocated funding, in consultation with CRESD. POWA recipients must comply with Defence Chief Executive Instructions (CEIs); all funds provided must be acquitted. CRESD will provide guidance on acquittal requirements. Duty status 2.44 2.44 POWA applicants will be considered ‘on-duty’ for attendance at their selection committee, and will be eligible for the appropriate Defence remuneration and conditions of service. 2.45 The status of POWA recipients while undertaking their POWA activity will be ‘voluntary unpaid duty’, to provide Military Rehabilitation and Compensation Act 2004 coverage. Defence remuneration does not apply. 2.46 POWA recipients undertaking a military secondment in addition to their approved activity, will be considered to be ‘on-duty’ during any secondment period. They will be eligible for the appropriate Defence remuneration and conditions of service for the period of their secondment. Post-activity reporting 2.47 2.47 POWA recipients must submit a post-activity report to HCRESD, through their DRES State or Territory office, within 30 days of the completion of their POWA activity. The format for the report will be provided by CRESD. Additional information 2.48 2.48 Additional information on the POWA Scheme is available on the Defence Reserves Support website. Annexes: A. Applicant application procedure B. Prince of Wales Award—Indicative Schedule B Sponsor: CRESD (DRES) UNCONTROLLED IF PRINTED MILPERSMAN part 8 ANNEX A TO CHAPTER 2 APPLICANT APPLICATION PROCEDURE Introduction A 1 1. The following procedure details the actions and responsibilities for the development, completion and submission of a Prince of Wales Award (POWA) application. Information required by applicants to apply for a POWA is contained in this Chapter and at the Defence Reserves Support website. 2. POWA applicants should note that consideration of a POWA application will be based on a proposal that must be developed by the POWA applicant in direct consultation and agreement with their civilian employer, professional organisation, trade association or educational institution representative. Responsibility of applicants 2.3 3. For a POWA applicant to apply for a POWA, they must complete Web Form PH 441—Prince of Wales Award Nomination in Appendix 1 to this Annex. 4. Web Form PH 441 in Appendix 1 must be completed in full. The supporting proposal must be completed in narrative form in plain English, and be no more than three pages in length. There is no specific format required; however, it must be Times New Roman font, 12 point. 5. Web Form PH 441 must be signed by both the POWA applicant and their civilian employer or, if applicable, the professional organisation, trade association or educational institution representative. The POWA application must include: a. a statement of the function and role of the employer, professional organisation, trade association or educational institution; b. an overview of the POWA applicant’s current civilian employment, or involvement in the professional organisation, trade association or educational institution; c. a detailed description of the proposed development opportunity, including; the nature of the activity, expected outcomes and deliverables (and how these will be measured), a program or schedule, and resource requirement; and d. any other information deemed pertinent to the application. Appendix: 1. Form PH 441—Prince of Wales Award Application UNCONTROLLED IF PRINTED MILPERSMAN part 8 APPENDIX 1 TO ANNEX A TO CHAPTER 2 FORM PH 441—PRINCE OF WALES AWARD APPLICATION STAFF-IN-CONFIDENCE (After first entry) PH 441 Revised 20 Jan 2012 Department of Defence Prince of Wales Award Application (Refer DI(G) PERS 09 -1) On completion of Sections 1 to 5, please submit the application to the DRS office in your State or Territory. If completing this form by hand, please print legibly in black ink. Application check list Have you completed all details in Sections 1 through 5? Has your employer sighted and signed the application in Section 4? Has your Commanding Officer sighted and signed the application in Section 5? Have you included the POWA proposal and had it signed by your civilian employer, professional organisation, trade association or educational institution delegate, and Commanding Officer? Current photograph State or Territory where application is lodged Employee ID Signature Printed name (BLOCK LETTERS) Rank STAFF-IN-CONFIDENCE (After first entry) Date PH 441 - Page 1 of 4 1 UNCONTROLLED IF PRINTED MILPERSMAN part 8 2A1–2 STAFF-IN-CONFIDENCE (After first entry) Section 1A - Personal particulars Employee ID Section 2 - Civilian employment Rank Employer or organisation Family name Nature of current employment Given name(s) Date of birth Age Academic or trade qualifications Home postal address Postal address of company or organisation City State Postcode Work telephone number Mobile telephone number Section 3 - Outline of proposed activity (Full proposal to be attached) Details 1 Email address Section 1B - Service details Service Category / corps / mustering Date of enlistment or transfer to the Reserve Total years in Reserve service Date of promotion Are you cleared for promotion to the next rank? Yes No Section 1C - Unit details Current appointment or posting Unit and unit address Unit business hours POC and telephone number Nature of current duties 1 The detailed proposal must not be more than three pages in length, Times New Roman font, 12 point. STAFF-IN-CONFIDENCE (After first entry) PH 441 - Page 2 of 4 UNCONTROLLED IF PRINTED MILPERSMAN part 8 2A1–3 STAFF-IN-CONFIDENCE (After first entry) Section 4 - Employer or organisation details Section 5 - Commanding officer I have been consulted in the development of the attached proposal for I support the application by Applicant's name Applicant's name Supporting comments I consider the proposal to be of value to their professional development. If the application is successful, Employer or organisation name is willing to assist Defence in promoting Reserve service. Supporting comments Signature Printed name (BLOCK LETTERS) Signature Appointment or position of employer or representative Printed name (BLOCK LETTERS) Contact telephone number Email address Date Unit telephone number Date Email address STAFF-IN-CONFIDENCE (After first entry) PH 441 - Page 3 of 4 UNCONTROLLED IF PRINTED MILPERSMAN part 8 2A1–4 STAFF-IN-CONFIDENCE (After first entry) Section 6A - Pre-interview comments by Co-chairs of Selection Committee Section 7 - Rating of nomination and recommendations Comments State or Territory Position on Order of Merit Position of Is candidate suitable for a POWA? Yes No interviewed. Is candidate nominated for the State or Territory POWA? Yes No If not nominated for the State or Territory POWA, should the candidate be nominated for consideration for an additional award by Head Cadet, Reserve and Employer Support Division (HCRESD)? Yes No Supporting comments Panelled for interview Yes No Section 6B - Post-interview comments by Co-chairs of Selection Committee Comments State or Territory Co-chair Signature CRESD Co-chair Signature Printed name (BLOCK LETTERS) Printed name (BLOCK LETTERS) Date Date STAFF-IN-CONFIDENCE (After first entry) PH 441 - Page 4 of 4 UNCONTROLLED IF PRINTED MILPERSMAN part 8 ANNEX B TO CHAPTER 2 PRINCE OF WALES AWARD—INDICATIVE SCHEDULE B Serial Action Time Frame Action Agency Comments (a) (b) (c) (d) (e) 1 Publicise Prince of Wales Award (POWA) Scheme and call for applications September to December Cadet, Reserve and Employer Support Division (CRESD) In conjunction with Defence Reserve Support (DRS) State and Territory offices. 2 Develop applications October to January POWA applicant 3 Submit applications By 30 January POWA applicant 4 Review applications and conduct interviews February to March CRESD and Defence Reserve Support Council (DRSC) 5 Head, Cadet, Reserve and Employer Support Division (HCRESD) approval By 31 March CRESD To include an overall order of merit. 6 Applicants advised By 30 April CRESD HCRESD to write to successful applicants; Deputy HCRESD to write to unsuccessful applicants. 7 POWA presentations Within 12 months DRS State and Territory offices In conjunction with CRESD and DRSC. To be submitted to DRS State and Territory office. B UNCONTROLLED IF PRINTED MILPERSMAN part 8 CHAPTER 3 TASMAN SCHEME INTRODUCTION 3 3.1 3.1 The Tasman Scheme (the Scheme) aims to promote Reserve service by providing opportunities for individuals to undertake training with the New Zealand Defence Force (NZDF). The Scheme seeks to reward high-performing junior non-commissioned officers (JNCO) of the Australian Defence Force (ADF) Reserves for their dedication and commitment to Reserve service, while strengthening the ties and promoting interoperability between the ADF and NZDF. 3.2 The Scheme is a joint initiative of Defence, through Cadet, Reserve and Employer Support Division (CRESD) and the Defence Reserves Association (DRA). Under the Scheme, ADF Reservists are seconded for two weeks to a NZDF unit. The Scheme is jointly managed and administered by CRESD and the DRA, under the provisions of a Memorandum of Understanding (MOU). A separate MOU addresses the arrangements between the ADF and the NZDF. 3.3 The Scheme is conducted on a State and Territory basis, reflecting the organisational structure of the DRA. POLICY STATEMENT 3.4 3.4 The Scheme is an important element of the ADF’s recognition and reward of Reservists for their dedication and commitment. The Scheme represents a benchmark activity that demonstrates the capacity of Defence, and a community organisation supportive of Defence (the DRA), to provide opportunities for Reserve JNCO to develop their experience, knowledge and skills as serving members of the ADF. SCOPE 3.5 3.5 The aim of this Chapter is to detail the procedures for the application, selection and administration of individuals participating in the Scheme. 3.6 Reserve JNCO, regardless of ADF specialisation or trade, may be nominated for a Scheme secondment provided they meet the eligibility criteria. DEFINITIONS 3.7 3.7 Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ contains common terms and definitions used throughout this Chapter. OVERVIEW 3.8 3.8 The Scheme allows Reserve JNCO to undertake a secondment with the NZDF related to their Reserve employment or profession within the ADF. 3.9 The secondment is not prescriptive. It may comprise a training course supported by an NZDF unit, a non-operational field deployment or exercise, or other non-operational activity. It does not include any type of war-like operational activity. 3.10 Units nominate individual Reservists to both their Defence Reserve Support (DRS) State or Territory office and the DRA State or Territory office. Short listed nominees attend a State or Territory selection committee, from which a national order of merit is determined. Successful nominees are subsequently seconded to the NZDF. AL3 UNCONTROLLED IF PRINTED MILPERSMAN part 8 3–2 ROLES AND RESPONSIBILITIES Delegations 3.11 3.11 3.11 The Vice Chief of the Defence Force has delegated to Head Cadet, Reserve and Employer Support Division (HCRESD) responsibility for the administration and management of the Scheme. HCRESD is the delegate for the selection of Scheme participants. 3.12 HCRESD has delegated to Director Reserve and Employer Support the authority to staff all issues pertaining to the Scheme. 3.13 The DRA State and Territory committees will assist HCRESD with the selection process to identify Scheme participants. Award allocation 3.14 basis: 3.15 basis: 3.14 Up to two Scheme secondments may be awarded in each of the following States on an annual a. New South Wales, b. Queensland, c. South Australia, d. Tasmania, e. Victoria, and f. Western Australia. One Scheme secondment may be awarded in each of the following Territories on an annual a. Australian Capital Territory, and b. Northern Territory. 3.16 HCRESD has the discretion to vary the number of secondments for any particular State or Territory, if the quality of the application warrants and the resources are available. ELIGIBILITY Criteria 3.17 3.17 3.17 Nominees for a Scheme secondment must satisfy the following criteria: a. The applicant must hold substantive rank of: (1) Royal Australian Navy (RAN) Reserve—Leading Seaman; (2) Army Reserve (ARes)—Lance Corporal or Corporal; or (3) Royal Australian Air Force (RAAF) Reserve—Corporal. b. The applicant must be a serving member with at least three years of Reserve service including at least one year as a JNCO. c. The applicant must perform 20 days of ‘effective’ Reserve service in the financial year of nomination. AL3 UNCONTROLLED IF PRINTED MILPERSMAN part 8 3–3 d. Single Service criteria: (1) RAN Reserve—a member of the Naval Active Reserve. (2) ARes—a member of the Army High Readiness Reserve, Active Reserve or Regional Forces Surveillance List. (3) RAAF Reserve—a member of the RAAF Reserve (Tier 1, 2 or 3). Promotion 3.18 3.18 Notice of promotion prior to selection. A nominee who is promoted, or is formally advised of promotion, to Petty Officer (RAN), Sergeant (Australian Army) or Sergeant (RAAF) prior to the conduct of a Scheme selection panel, immediately becomes ineligible. Should a Scheme nominee receive such advice of promotion, their unit must immediately advise the appropriate State or Territory DRS office. 3.19 Notice of promotion after selection. A successful nominee for a Scheme secondment, who is subsequently advised of promotion to Petty Officer (RAN), Sergeant (Australian Army) or Sergeant (RAAF) prior to undertaking their secondment, will be permitted to undertake the proposed secondment subject to the agreement of the NZDF. Should a successful nominee be advised of a promotion, their unit must immediately advise the appropriate State or Territory DRS office. Transfer to the Permanent Forces 3.20 3.20 If, during the selection process, a Scheme nominee transfers from the Reserve to the Permanent Force, they will become ineligible for a secondment. If such a transfer occurs after a successful nomination, the secondment will be withdrawn. 3.21 A Scheme nominee will not be considered for a secondment, nor permitted to undertake a secondment, while serving on continuous full-time service. APPLICATION AND SELECTION Nomination process 3.22 3.22 3.22 Nominating JNCO for the Scheme is the responsibility of unit Commanding Officers (CO) and Officers Commanding (OC). The nomination procedure is outlined in Annex A. Nominations are to be forwarded to the DRS State or Territory office, and the DRA State or Territory office. 3.23 State and Territory DRS offices must complete initial background checks on each Scheme nominee to ensure compliance with this Chapter. Selection committee 3.24 3.24 State and Territory selection committees are to be co-chaired by Defence and the DRA. HCRESD is to appoint an officer not below the rank of Lieutenant Commander (RAN), Major (Army) or Squadron Leader (RAAF) as co-chair. The DRA State or Territory President is responsible for assembling an appropriate selection committee, endorsed by HCRESD. Assessment criteria 3.25 3.25 Selection committee co-chairs are to implement and control the assessment criteria used for the selection process within each State and Territory. Each co-chair must ensure that nominees who are short-listed are fully aware of the assessment. Selection process 3.26 3.26 The selection will be conducted as follows: a. Desk-top assessment. The selection committee must consider Scheme nominations and place them in an initial order of merit. Based on the nominations, each selection committee will determine which applicants will be interviewed. AL3 UNCONTROLLED IF PRINTED MILPERSMAN part 8 3–4 b. Interviews. Short-listed nominees will be interviewed by their State or Territory selection committee. c. Order of merit. Following the interviews, nominees will be placed in an order of merit for that State or Territory. Each State and Territory selection committee will forward to CRESD their final order of merit, immediately following the interview process. d. Confirmation. HCRESD, on behalf of Defence, must ensure that the secondments are an appropriate use of public funds. Confirmation of each secondment will be made by HCRESD, in conjunction with the DRA, after each State and Territory order of merit has been received by CRESD. e. Notification. HCRESD, on behalf of Defence, will advise in writing nominating unit CO and OC, and those nominees interviewed, of the outcomes of the selection process. IMPLEMENTATION General 3.27 3.27 3.27 Secondments must be undertaken within 12 months of a successful nominee being advised. This may be extended under exceptional circumstances by HCRESD, only after a written submission. 3.28 All secondment requirements, including liaison with the NZDF, travel and accommodation bookings, visas and security clearances, will be coordinated and managed by CRESD. Nominating units will provide administrative support to participants. Annual schedule 3.29 3.29 The dates for the conduct of the Scheme are to be coordinated by CRESD with the DRA, and are to be published each year in a DEFGRAM and on the Defence Reserves website. 3.30 An outline of the time line for the Scheme is in Annex B. Awards presentation 3.31 3.31 Award presentations will be conducted by the DRA to recognise successful Scheme nominees. These events may be supported by CRESD. ADMINISTRATION Funding 3.32 3.32 3.32 HCRESD is responsible for managing the resources for the Scheme, including forecasting and allocating funds. CRESD is responsible for funding travel associated with the Scheme, including the selection process, and for Reserve service day salaries. 3.33 Funding approval for associated Scheme activities, including attendance at the selection process, is to be provided by CRESD. State and Territory DRS, and units, must not commit funds until approval is issued in writing from CRESD. 3.34 Each successful Scheme nominee and their unit will receive written advice from HCRESD regarding the secondment, including instructions on how funds will be allocated. All funds must be acquitted; CRESD will provide guidance on acquittal requirements. Duty status 3.35 3.35 Scheme nominees will be considered ‘on duty’ for attendance at the selection interview, and will be eligible for the appropriate Defence remuneration and conditions of service. 3.36 The status of Scheme participants while undertaking their secondment will be ‘on duty’, and they will be eligible for the appropriate Defence remuneration and conditions of service for the period of their secondment. AL3 UNCONTROLLED IF PRINTED MILPERSMAN part 8 3–5 3.37 Scheme participants, while undertaking their secondment, remain subject to the Defence Force Discipline Act 1982. Post-activity reporting 3.38 3.38 Scheme participants must submit a post-activity report to CRESD, through their unit and DRS State or Territory office, within 30 days of the completion of their secondment. The format of the report will be provided by CRESD. 3.39 Scheme participants will be required to deliver post-secondment presentations on their secondment. This is arranged by their State or Territory DRA committee. Additional Information 3.40 3.40 Additional information on the Scheme is available on the Defence Reserves website. Annexes: A. Nomination procedure B. Tasman Scheme: Indicative Schedule Sponsor: CRESD (DRES) AL3 UNCONTROLLED IF PRINTED MILPERSMAN part 8 ANNEX A TO CHAPTER 3 NOMINATION PROCEDURE Introduction A 1 1. The following procedure details the actions and responsibilities for the development, completion and submission of a Tasman Scheme nomination. Information required by units in order to nominate junior non-commissioned officers for a Tasman Scheme secondment is contained in this Chapter and Defence Reserves website. 2. Units should note that consideration of a Tasman Scheme application will be based on a Commanding Officer’s or Officer Commanding’s nomination and recommendation, and the selection interview. Responsibility of Units 3.3 3. Units nominating an individual for a Tasman Scheme secondment must complete Web Form AE 350—Tasman Scheme Nomination. 4. The Web Form AE 350 must be completed in full. Supporting documentation may be included as part of the nomination submission, including Performance Appraisal Reports. UNCONTROLLED IF PRINTED MILPERSMAN part 8 ANNEX B TO CHAPTER 3 TASMAN SCHEME: INDICATIVE SCHEDULE B Serial Action Time Frame Action Agency Comments (a) (b) (c) (d) (e) 1 Publicise Tasman Scheme September to Cadet, Reserve and December Employer Support Division (CRESD) In conjunction with Defence Reserve Support (DRS) offices. 2 Draft nominations By 31 March Commanding Officer (CO)/ Officer Commanding (OC) 3 Submit nominations By 30 April Unit 4 Review applications May to June and conduct interviews CRESD and DRA 5 Head Cadet, Reserve and Employer Support Division approval and advice By 30 June CRESD To include an overall Order of Merit. Letter to nominees and to CO and OC. 6 Tasman Scheme secondments Post 01 July CRESD To be completed by 31 May of the following year. To be submitted to DRS State or Territory, and local Defence Reserves Association (DRA) office. UNCONTROLLED IF PRINTED MILPERSMAN part 9 CHAPTER 1 FORMAL WARNINGS AND CENSURES IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 1 1.1 1.1 The policy on formal warnings and censures in the Australian Defence Force is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 1.2 The extant policy remains Defence Instruction (General) PERS 35–6—Formal Warnings and Censures in the Australian Defence Force. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 9 CHAPTER 2 CORRECTIVE TRAINING 2 INTRODUCTION 2.1 2.1 The policy on corrective training is being developed and will be included in this Chapter in due course. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 10 CHAPTER 1 VOLUNTARY TRANSFER OF PERSONNEL BETWEEN THE SERVICES INTRODUCTION 1 1.1 1.1 Transfer of Defence members between the Services in the Australian Defence Force (ADF) may be approved when an application is made by a Defence member and a vacancy exists in the gaining Service. Such transfers should be of benefit to the ADF by facilitating the retention of trained and/or experienced personnel. POLICY STATEMENT 1.2 1.2 Defence supports the transfer of Defence members between the Services to maintain and enhance operational capability. SCOPE 1.3 1.3 This Chapter applies to all Defence members. This Chapter does not apply to Defence members who are requesting to be appointed as officers in another Service, or to officers who are requesting to resign their appointment and seek enlistment in another Service. DEFINITIONS 1.4 1.4 Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ contains common terms and definitions used throughout this Chapter. In relation to this Chapter this specific definition applies: a. Approving Authority—the power to transfer a Defence member from one Service to another is vested in the Service Chiefs or delegates. For the purposes of this Chapter, this person is referred to as the ‘Approving Authority’ of the losing or gaining Service as the case may be. LEGAL AUTHORITY 1.5 1.5 The legal authority for the transfer of Defence members between the Services is the Defence (Personnel) Regulations 2002 (DPR 2002) (regulations 52, 53 and 54). If at any time there is an inconsistency between this Chapter and the legislative provisions, the legislation prevails. ROLES AND RESPONSIBILITIES 1.6 1.6 Commanding Officer or Director. The Commanding Officer or Director of the Defence member submitting the application must: a. make a recommendation on the Defence member’s suitability for transfer based on the information provided in Annex A, Serial 1; and b. ensure advice and guidance is provided to the Defence member on the transfer process. UNCONTROLLED IF PRINTED MILPERSMAN part 10 1–2 1.7 Defence member. The Defence member is responsible for completing an application for transfer and submitting it in writing to their parent Service Career Management Agency (CMA)/Personnel Career Management Agency (PMA) as applicable. The Defence member is also responsible for advising of any change in circumstances that might affect their suitability for transfer (eg adverse administrative or disciplinary action, civil convictions, loss of driving licence, downgrading of security clearance and change in health status). If the Defence member’s application for transfer is successful, and after a posting authority has been promulgated, the Defence member must comply with any directions given by the gaining Service. 1.8 CMA/PMA. The CMA/PMA of the respective Service Headquarters is responsible for negotiating the date of transfer of the Defence member. 1.9 Instrument of Transfer. Approving Authorities are responsible for signing the Instrument of Transfer authorising the transfer. POLICY GUIDELINES 1.10 1.10 Transfer of a Defence member between the Services is not a right. An application by a Defence member to transfer between Services must only be approved by the losing Service if staffing requirements and the needs of the losing Service are not adversely affected. Note This assessment should be predicated upon the same considerations that the losing Service would apply if the Defence member were applying to resign (DPR 2002, Regulations 90 and 97) or transfer to the Reserves (DPR 2002, Regulation 58). A transfer will then only occur with the Defence member’s consent and with the approval of the gaining Service. 1.11 Application to transfer. Defence members must submit their application to transfer between the Services in writing through normal Service channels to their respective CMA/PMA. All applications must be treated as Sensitive: Personal. An application to transfer may be withdrawn by the Defence member at any time before it is formally approved by the gaining Service. 1.12 Terms and conditions of transfer. The gaining Service has the authority to make an offer on terms and conditions of employment under which the Defence member making application to transfer between the Services will be employed. This includes, but is not limited to, the period of appointment/enlistment, rank, promotion seniority, salary pay grade and increment. The offer made by the gaining Service may also include maximum levels of leave liability that can be carried forward to the gaining Service. 1.13 Continuity of service. A Defence member transferring between the Services is not required to resign from the losing Service and be reappointed/re-enlisted in the gaining Service. In this case, there is no break in continuity of service and consequently, no entitlement to separation benefits, such as pay in lieu of leave credits or a separation removal. In addition, the period of employment in the losing Service must be recognised as time in the gaining Service for matters such as leave entitlements, awards and other conditions linked to time in service. Before accepting a Service transfer, Defence members are responsible for contacting ComSuper to discuss any implications that the Service Transfer may have on their Defence Force Retirement and Death Benefits/Military Superannuation Benefits Scheme entitlements. 1.14 Periods of obligated service. Defence members who have a Return of Service Obligation (ROSO) or who are still within their Initial Minimum Period of Service will normally carry that obligation with them on transfer to the gaining Service. Under the DPRs, the Service Chief of the gaining Service is subsequently empowered to reject a Defence member’s application to resign or transfer to the Reserves during a ‘carried over’ period of obligation in the same way the Service Chief of the losing Service could have rejected an application to resign or transfer to the Reserves before transferring between Services. Defence members must also be aware that an additional ROSO obligation may be incurred upon transfer. 1.15 Reserve service following completion of Permanent service. Any obligation a Defence member may have to undertake Reserve service upon completion of Permanent service in the losing Service remains unchanged except that the Defence member’s period of obligated service in the Standby Reserve will be in the Reserves of the gaining Service. UNCONTROLLED IF PRINTED MILPERSMAN part 10 1–3 1.16 Upper age guidelines. Upper age guidelines for transfer to another Service are similar to initial recruitment guidelines. The maximum age of applicants will normally be based on the Defence member’s ability to provide an economic return of service (including any ROSO requirements) for training received before reaching any legislated compulsory retirement age. If the Defence member cannot provide an economic return of service, transfer may still be approved where that person is assessed as possessing special skills that are of immediate benefit to the gaining Service. The exception to this is the maintenance of an upper age limit for initial Air Force pilot training as promulgated by Air Force. PROCEDURES 1.17 1.17 Defence members seeking transfer between the Services must submit an application for transfer, in writing, through normal Service channels to their respective CMA/PMA. If the losing Service agrees (in principle) to the transfer of the Defence member, the losing Service must formally advise the gaining Service of the application. Any offer of transfer by the gaining Service must be formally made in writing to the losing Service and must advise the conditions of employment under which the Defence member will be employed, including the type of appointment or enlistment offered and the requirement (if any) to undertake training. The gaining Service must determine any requirements for the Defence Force Recruiting Centre to be involved in any competitive selection processing requirements. 1.18 Psychological/psychometric assessment. Within Services, there are specialisations/trades where a psychological assessment is required as part of the application by a Defence member to transfer between the Services in accordance with the relevant Service specific employment requirements. In processing the Defence member making application to transfer between the Services, the gaining Service may elect to formally request, via Web Form PM 008—Referral for a Mental Health/Psychological Assessment and Management or referral minute, that the Defence member’s servicing mental health and/or psychology section conduct a review of that Defence member’s Web Form AR 213—Psychological Documents Folder (as per Annex A, Serial 6). The Web Form PM 008/referral minute must clearly identify the Defence member in question. It must also clearly articulate the reason the file review is being requested (including the specific occupation for which the Defence member is being considered), and include any additional information that the gaining Service wishes the psychologist to consider as part of the review. The Form PM 008/referral minute must be signed by the appropriate authority, which would usually be the relevant CMA/PMA of the gaining Service. The psychology element will vet the Defence member’s psychology file according to the questions posed in the Web Form PM 008/referral minute, and will advise the gaining Service of any requirement for further psychological assessment. The decision regarding whether to act upon this advice rests with the gaining Service. 1.19 Health assessments. The health assessment of a Defence member applying for transfer between the Services must be conducted at the Defence member’s nearest capable ADF health facility. The Defence member should usually have a minimum standard Medical Employment Classification (MEC) of MEC2 and/or a Specialist Employment Classification (SPEC) of SPEC2 appropriate to the gaining Service and occupation. The determination of suitability for transfer of a Defence member who is below MEC1 must be made by the gaining Service. Defence members transferring between the Services must meet the medical requirements of Health Manual (HLTHMAN), Volume 1, Chapter 4—‘Entry of Applicants with previous military service and medical examination requirements for transfer of personnel between or within the Services of the Australian Defence Force (including candidates for appointment of serving personnel as commissioned officers)’. 1.20 Responsibility for expenses. The gaining CMA/PMA is responsible for meeting any administrative/travel expenses associated with the Defence member applying to transfer between the Services having to undergo medical examinations, psychological/psychometric assessments or, attend interviews or selection boards. 1.21 Offer of transfer. If at the completion of all testing, interviewing and selection reporting, the gaining CMA/PMA accepts the Defence member’s application to transfer between the Services, a formal offer of transfer must be made to the Defence member in writing. The letter of offer must advise the conditions of employment and if applicable, any training that must be undertaken by the Defence member. Training requirements must be determined by the gaining Service. UNCONTROLLED IF PRINTED MILPERSMAN part 10 1–4 1.22 Instrument of Transfer. Following the acceptance of the transfer conditions by the Defence member applying to transfer between the Services, the losing Service must raise the Instrument of Transfer. The letter of offer by the gaining Service and the Defence member’s acceptance must be attached to the Instrument of Transfer. The day on which the transfer takes effect must be specified either in the Instrument of Transfer or in the letter of offer. In addition, the letter of offer by the gaining Service must specify the following: a. any training requirements; b. the period of service for which the Defence member is appointed or enlisted; c. the part of the Service to which the Defence member is appointed or enlisted; d. the rank the Defence member is to hold in that Service, and the Defence member’s seniority in that rank; e. if applicable, the period of outstanding ROSO to be served; and f. any other special conditions. 1.23 Annex A describes in more detail the general procedures associated with the transfer of Defence members from one Service to another. APPLICATIONS FOR APPOINTMENT OR ENLISTMENT IN ANOTHER SERVICE 1.24 1.24 Applications by Defence member’s seeking appointment as an officer in another Service are subject to the normal resignation and appointment procedures of the relevant Services. 1.25 Instead of the use of the ‘Instrument of Transfer’, the Defence member must separate from the losing Service as an enlisted Defence member and be appointed as an officer to the gaining Service without any break in ADF service. As there is no break in service, continuity of service provisions as detailed in Paragraph 1.13. of this Chapter apply. 1.26 Applications by Defence members seeking to resign their appointment and enlist in another Service must be subject to the normal resignation and enlistment procedures without any break in service. 1.27 More details on applications by Defence members for appointment of officers are contained in relevant single-Service Instructions. Publications and related policy 1.28 Australian Book of Reference (ABR) 6289—RAN Officers’ Career Management Manual ABR 10—Sailors’ Career Management Manual ADF Pay and Conditions Manual (PACMAN) Defence Act 1903 Defence Instruction (Air Force) (DI(AF)) PERS 7–2—Officers Transfers, Resignations and Retirements DI(AF) PERS 7–3—General Discharge/Transfer Procedures—Permanent Air Force Defence Instruction (Army) PERS 47–9—Officer appointments MILPERSMAN, Part 7, Chapter 4—‘Arrangements for service in the Australian Defence Force’ (formerly DI(G) PERS 33–5) MILPERSMAN, Part, 3, Chapter 1—‘Australian Defence Force policy on Individual Readiness’ (formerly DI(G) PERS 36–2) MILPERSMAN, Part 3, Chapter 2—‘Australian Defence Force Medical Employment Classification System’ (formerly DI(G) PERS 16–15) UNCONTROLLED IF PRINTED MILPERSMAN part 10 1–5 Defence (Personnel) Regulations 2002 HLTHMAN, Volume 1—Health Standards and Procedures for Entry and Transfer Annexes: A. Procedures of transfer of Defence members between the Services B. Instrument of Transfer of (insert rank and name) to the (insert gaining Service) pursuant to section (insert appropriate Legislative authority) Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 10 ANNEX A TO CHAPTER 1 PROCEDURES OF TRANSFER OF DEFENCE MEMBERS BETWEEN THE SERVICES Serial Event Action Remarks (a) (b) (c) (d) 1 Initial inquiry by Defence member The Defence member must submit application through their chain of command to losing Service Career Management Agency (CMA)/Personnel Career Management Agency (PMA). 2 Vacancy determination Losing Service must determine whether application should be processed. Losing Service must formally notify gaining Service CMA/PMA of application and request advice on vacancy opportunities. 3 Vacancy not available Defence member must be informed by losing Service that application cannot be processed to finalisation because of no vacancies. However, the applicant should be advised of the likelihood of future vacancies. Minimum information required is: • name and PMKeyS number; • rank and seniority; • age; • training and qualifications; • employment summary; • employment requested; • reasons for change; • any Return of Service Obligation (ROSO)/Initial Minimum Period of Service (IMPS) details; • authorisation for gaining Service access to personal records; • Individual Readiness status; • summary of Medical Employment Classification (and Specialist Employment Classification if appropriate) in accordance Health Manual (HLTHMAN), Volume 1, Chapter 4, paragraph 4.29; and • any adverse administrative or disciplinary action against the Defence member. Service transfer inquiries must be treated as Sensitive: Personal. If the losing Service determines that the application should not be processed, Defence member must be advised of reasons for not processing the application. A UNCONTROLLED IF PRINTED MILPERSMAN part 10 1A–2 Serial Event Action Remarks (a) (b) (c) (d) 4 Vacancy available Defence member must be informed by losing Service that application can be processed and advised a Service check will be required by the gaining Service. 5 Report from losing Service Gaining Service must obtain a report on the Defence member. Gaining Service must be advised if a transfer of ROSO/IMPS is involved. The report must include copies of, or extracts from, any records requested by the gaining Service including adverse administrative and disciplinary action and civil convictions. A medical assessment of the Defence member’s employment standard must be included in the report. 6 Processing of application Gaining Service processes application in accordance with the standard Service procedures. Requirements for aptitude testing, interviews and Defence Force Recruiting Centre involvement must be determined by the gaining Service. 7 Advice from gaining Service The gaining Service CMA/PMA must raise a letter of offer which must be forwarded to the losing Service CMA/PMA. The Defence member must be advised of the conditions of offer and any selection processing requirements. Following acceptance of the conditions of offer by the Defence member, the letter of offer must be attached as supporting documentation to the Instrument of Transfer. 8 Transfer CMA/PMA of the respective Services must negotiate the date of transfer (not normally more than three months). The losing Service must raise the Instrument of Transfer in accordance with the relevant legislative authority. The letter of offer must be attached to the Instrument of Transfer. The losing Service must forward the Instrument of Transfer to the gaining Service for signature by the Approving Authority. Upon return of the Instrument of Transfer to the losing Service, the Approving Authority must sign the Instrument authorising transfer. The signed Instrument of Transfer must be retained by the losing Service, and copies must be provided for the gaining Service and the Defence member. UNCONTROLLED IF PRINTED MILPERSMAN part 10 1A–3 Serial Event Action Remarks (a) (b) (c) (d) The losing Service must raise an appropriate notification of the inter-Service transfer to authorise outwards clearance action. The gaining Service must raise an appropriate posting to duty authorisation for the Defence member. The gaining Service must direct the completion of relevant documentation for salary, removals, housing and advice of inter-Service transfer to ComSuper. The Defence member must complete all outward clearance action directed by the losing Service before the effective date of transfer. Any expenses associated with the transfer/take up of duty are the responsibility of the gaining Service. 9 Posting advice UNCONTROLLED IF PRINTED MILPERSMAN part 10 ANNEX B TO CHAPTER 1 INSTRUMENT OF TRANSFER OF (INSERT RANK AND NAME) TO THE (INSERT GAINING SERVICE) PURSUANT TO SECTION (INSERT APPROPRIATE LEGISLATIVE AUTHORITY) Consent of the Defence member B 1 1. (insert rank, name and PMKeyS number), a Defence member of the (insert losing Service) has consented in writing to be transferred to the (insert gaining Service) on the terms and conditions as per Schedule 1 to this Instrument of Transfer (Instrument). Approval of losing Service 1.2 2. I, (insert rank, name and appointment of losing Service authority), transfer (insert rank, name and PMKeyS number of Defence member) to the (insert gaining Service (with effect from date*) on the terms and conditions set out in the letter of offer which forms Schedule 1 to this Instrument. Approval of gaining Service 1.3 3. I, (insert rank, name and appointment of gaining Service authority), approve the transfer of (insert rank, name and PMKeyS number of Defence member) from the (insert losing Service) to the (insert gaining Service) on the terms and conditions set out in the letter of offer which forms Schedule 1 to this Instrument. …………………………… (signature) (name of gaining Service authority) (rank) (date) …………………………… (signature) (name of losing Service authority) (rank) (date) * To be inserted where date of transfer is not specified on the letter of offer. UNCONTROLLED IF PRINTED MILPERSMAN part 10 CHAPTER 2 AUSTRALIAN DEFENCE FORCE OFFICERS NOTIFICATION OF INTENTION TO RESIGN OR TRANSFER TO ANOTHER SERVICE OR RESERVES INTRODUCTION 2 2.1 2.1 The policy on Australian Defence Force officers notification of intention to resign or transfer to another Service or Reserves is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 2.2 The extant policy remains Defence Instruction (General) PERS 03–1—Australian Defence Force officers notification of intention to resign or transfer to another Service or Reserves. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 10 CHAPTER 3 OBLIGATIONS OF OFFICER CADETS RESIGNING FROM THE AUSTRALIAN DEFENCE FORCE ACADEMY (DEFENCE ACADEMY) INTRODUCTION 3 3.1 3.1 The policy on obligations of Officer Cadets resigning from the Australian Defence Force Academy (Defence Academy) is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 3.2 The extant policy remains Defence Instruction (General) PERS 03–2—Obligations of Officer Cadets resigning from the Australian Defence Force Academy (Defence Academy). Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 10 CHAPTER 4 TERMINATION OF SERVICE IN THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 4 4.1 4.1 A fundamental tenet of the Australian Defence Force (ADF) personnel strategy is the development of management tools to enhance the ability of Service Chiefs to manage their workforce capability to best meet operational demands. The Defence Act 1903 (Defence Act) and the Defence (Personnel) Regulations 2002 (DPR 2002) enable the Governor-General and Service Chiefs, and their authorised delegates (hereafter called decision-makers and defined in Annex A), to terminate the service of Defence members for prescribed reasons. POLICY STATEMENT 4.2 4.2 Defence is committed to robust management tools which ensure optimal personnel capability outcomes for operations. This Chapter outlines the mechanisms that allow decision-makers to effect terminations of service. The transfer of eligible Defence members, who are no longer widely employable, from the Permanent Forces to a category of the Reserves under the Management Initiated Early Retirement (MIER) scheme is also outlined. SCOPE 4.3 4.3 This Chapter details the Defence policy regarding the termination of service mechanisms contained in the DPR 2002 and is applicable to Defence members as defined. DEFINITIONS 4.4 4.4 Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ contains common terms and definitions used throughout this Chapter. In relation to this Chapter, specific definitions are in Annex A. AUTHORITY 4.5 4.5 The Defence Regulations empower decision-makers to terminate a Defence member’s service in prescribed circumstances. The Defence Act provides the relevant authorised persons with the decision-making power to terminate a Defence member’s service as a result of positive prohibited substance testing. TERMINATION OF SERVICE Grounds for termination of service of officers 4.6 4.6 4.6 The service of an officer may be terminated under Regulation 85 for any of the following reasons: a. the officer is less than 18 years old, and the officer’s father, mother or guardian has requested the termination of the enlistment; b. the officer is incapable of rendering effective service as a result of physical or mental incapacity, and it is not within the officer’s power to control the incapacity; c. the officer is medically unfit (including unfitness because of mental incapacity); d. the officer is inefficient or incompetent for a reason that is within the officer’s control; UNCONTROLLED IF PRINTED MILPERSMAN part 10 4–2 e. the officer has been convicted of a civil offence or a Service offence, and the decision-maker has certified that, having regard to the nature and seriousness of the offence, the retention of the officer is not in the interests of the ADF; f. the retention of the officer is not in the interests of the ADF because of the officer’s behaviour; and g. the retention of the officer is not in the interests of the ADF because of the officer’s performance, and it is within the officer’s power to control the reason, or cause of, the officer’s performance. Grounds for termination of service of enlisted members 4.7 4.7 The service of an enlisted member may be terminated under Regulation 87 for any of the following reasons: a. the enlisted member is less than 18 years old and the enlisted member’s father, mother or guardian has requested the termination of the enlistment; b. the enlisted member will, on termination, be appointed as an officer; c. the enlisted member is medically unfit (including unfitness because of mental incapacity); d. the enlisted member does not comply with the medical standard for the trade or employment in which the enlisted member is engaged; e. the decision-maker is satisfied that the enlisted member is not suited to be an enlisted member; f. the enlisted member is undergoing, recruit training; initial employment training; apprentice training; or trade training; and the decision-maker is satisfied that the enlisted member is unsuitable for further training; g. the decision-maker is satisfied that the retention of the enlisted member is not in the interests of Australia, the ADF or the relevant Service; h. the enlisted member gave false or misleading information to a person to whom the enlisted member was required to give information in relation to the enlisted member’s enlistment; i. the enlisted member has not been granted, or has not accepted, Australian citizenship; and j. the enlisted member has failed to render service that the enlisted member was required to render. Process for terminating the service of Defence members under Regulations 85 and 87 4.8 4.8 Regulations 85 and 87 require a specific process to be followed, which will provide the Defence member with procedural fairness in relation to the termination decision. Any failure to follow this process may result in the termination decision being invalid. 4.9 A Defence member must be provided with a termination notice, and given an opportunity to provide a statement of reasons, before a termination decision is made. Unless the termination decision is made personally by the Governor-General or relevant Service Chief, the person who decides to issue the termination notice must be a different person from the decision-maker who makes the termination decision. 4.10 The termination notice must: a. state that it is proposed to terminate the Defence member’s service in the Defence Force; b. state the reason for terminating the Defence member’s service; UNCONTROLLED IF PRINTED MILPERSMAN part 10 4–3 c. set out particulars of the facts and circumstances relating to the reason for terminating the Defence member’s service, that is sufficient to allow the Defence member to prepare a statement of reasons why the service should not be terminated. This will include details of any evidence relied on to support the reasons for termination; d. invite the Defence member to provide a written statement of reasons why the service should not be terminated; and e. specify a period of at least 28 days after the date of the notice as the period in which the Defence member may give the statement of reasons. 4.11 If the Defence member provides a statement of reasons within the period specified in the termination notice, the decision-maker must consider that statement of reasons. If the decision-maker is of the opinion that the reason for terminating the Defence member’s service has been established, and has not been affected by a change in circumstances since the termination notice was given to the Defence member, the decision-maker must terminate the Defence member’s service. 4.12 If the Defence member does not provide a statement of reasons within the period specified in the termination notice, and the decision-maker is of the opinion that the reason for terminating the Defence member’s service has not been affected by a change in circumstances since the termination notice was given to the Defence member, the decision-maker must terminate the Defence member’s service. Other grounds for termination of service of Defence members 4.13 4.13 The DPR 2002 provide a number of other grounds bases on which the service of Defence members can be terminated. These grounds are listed in the paragraphs below. Termination of service where appointed or enlisted provisionally 4.14 4.14 A decision-maker, under Regulation 17 or Regulation 27, may terminate the service of a Defence member who is provisionally appointed or enlisted if, at any time during the provisional period, the Defence member does not comply with a condition of appointment or enlistment. Termination of officer appointed on probation 4.15 4.15 A decision-maker under Regulation 19 may terminate a Defence member’s appointment as an officer at any time during a period of probation. Termination of temporary appointment 4.16 4.16 A decision-maker under Regulation 21 may terminate the temporary appointment of an enlisted member as an officer, at any time during the period of temporary appointment. Termination of service in the Standby Reserve 4.17 4.17 A decision-maker under Regulation 70 may terminate the service of a Defence member serving in the Standby Reserve, at any time for a reason that relates to the interests of the member’s Service. Termination of service when becoming a permanent resident of another country 4.18 4.18 A decision-maker under Regulation 82 may terminate a Defence member’s service if that Defence member becomes a permanent resident of another country. Defence members intending to take, or who have taken, permanent residency in another country must notify their Service Chief as soon as practicable. Termination of service during redundancy 4.19 4.19 A decision-maker under Regulation 83 may terminate the service of a permanent Defence member where the decision-maker declares that the Defence member cannot be usefully employed because of redundancy in the relevant Service. UNCONTROLLED IF PRINTED MILPERSMAN part 10 4–4 4.20 Redundancy means that Defence no longer requires the work or job to be performed by anyone because of the changes in the operational requirements of Defence. Terminations under Regulation 83 are distinctly different to transfers under the MIER Scheme, which is outlined separately in this Chapter. Termination of service for absence without leave 4.21 4.21 A decision-maker, under Regulation 84 or Regulation 86, may terminate the service of a Defence member who has been absent without leave for a continuous period of more than three months. Process for terminating the service of Defence members under the other grounds 4.22 4.22 Where termination of service is under one of these other grounds referred in Paragraphs 4.14–4.21., the DPR 2002 do not specify a procedure to be followed. However, the following procedure should be used, which will ensure that the Defence member is afforded procedural fairness before termination of their service. A decision-maker who is considering making a termination decision without following this process should seek legal advice before doing so. 4.23 A Defence member should be provided with a termination notice, and given an opportunity to provide a statement of reasons, before a termination decision is made. There is no legal requirement for the person who issues the termination notice to be a different person from the decision-maker who makes the termination decision. However, separating these two roles is best practice, and should be done where practicable. The person who issues the termination notice should be of superior rank to the Defence member whose termination is proposed. 4.24 The termination notice should: a. state that it is proposed to terminate the Defence member’s service in the Defence Force; b. state the reason for terminating the Defence member’s service. This should include a reference to the relevant Regulation; c. provide access to all adverse material relating to their termination; and d. invite the Defence member to provide a written statement of reasons within a specified period as to why their service should not be terminated. 4.25 The period for the Defence member to provide a statement of reasons should be reasonable in all the circumstances. In the ordinary course, a period of at least 28 days is appropriate. However, there may be circumstances that would warrant a shorter or longer period. 4.26 Where the Defence member’s location is not known, for example where the Defence member is absent without leave, resident overseas, or a member of the Standby Reserve, reasonable attempts should be made to locate the Defence member, in order to provide the member with a termination notice. Where the Defence member cannot be located, the termination notice should usually be sent to their last known address. 4.27 If the Defence member provides a statement of reasons, the decision-maker should consider it when determining if the Defence member’s service should be terminated. Special cases of termination of service 4.28 4.28 Where termination of service is for reasons related to medical fitness pursuant to Defence Regulations 85 or 87, the decision-maker should refer to MILPERSMAN, Part 3, Chapter 2—‘Australian Defence Force Medical Employment Classification System’ (formerly Defence Instruction (General) (DI(G)) PERS 16–15) to ensure that all relevant processes have been followed. 4.29 Termination on the basis of a positive prohibited substance test under Part VIIIA of the Defence Act must be in accordance with the Defence Act and the processes outlined in MILPERSMAN, Part 4, Chapter 3—‘Management of the use or involvement with prohibited substances in the Australian Defence Force’ (DI(G) PERS 15–5). Where a Defence member has returned a positive prohibited substance test in the course of a Defence Force Discipline Act 1982 investigation or other than under Part VIIIA of the Defence Act, termination of service must be under Regulation 85 or Regulation 87, in accordance with the processes outlined in this Chapter. UNCONTROLLED IF PRINTED MILPERSMAN part 10 4–5 Form and date of effect of termination of service 4.30 4.30 Where a decision is made by a decision-maker to terminate a Defence member’s service, the Defence member is to be advised in writing of the decision and the day on which the termination is to take effect. The specified day should not be earlier than 14 days after the Defence member is notified (exceptional circumstances precluding), and not later than three months after the day on which the Defence member is given a copy of the written advice. 4.31 Termination of service for redundancy, under Regulation 83, requires a 12 months notice period, unless the Defence member consents to redundancy at an earlier time. 4.32 Termination of service for reasons related to medical fitness are excluded from the notice period, and are to be administered in accordance with. MILPERSMAN, Part 3, Chapter 2 (formerly DI(G) PERS 16–15) 4.33 Termination of service following the return of a positive prohibited substance test under Part VIIIA of the Defence Act is to be managed in accordance with the Defence Act and MILPERSMAN, Part 4, Chapter 3 (DI(G) PERS 15–5). Entitlements following termination of service 4.34 4.34 A Defence member’s entitlement to superannuation, pay and allowances where their service is terminated will vary according to the individual circumstances. For details of entitlements refer to ADF Pay and Conditions Manual (PACMAN) and ComSuper. TERMINATION DECISIONS AND REDRESS OF GRIEVANCES 4.35 4.35 A Defence member may submit a redress of grievance (ROG) to their Commanding Officer (CO), in accordance with DI(G) PERS 34–1—Redress of Grievance—Tri-Service procedures, on the decision to terminate their service. A ROG relating to a termination decision must be submitted within 14 days after the Defence member was notified of the decision to terminate their service. 4.36 When a ROG is submitted, the action effecting the termination should normally be suspended pending resolution of the ROG. The underlying principle is that decision-makers should not take irrevocable or pre-emptive action that would prejudice an appropriate remedy if a Defence member’s ROG were subsequently upheld; these decisions are to be made on a case-by-case basis. 4.37 Termination dates should be postponed until at least three working days after a ROG is finalised, unless prevented by the operation of Part VIIIA of the Defence Act (see MILPERSMAN, Part 4, Chapter 3 (DI(G) PERS 15–5). A Defence member is considered to have been notified of the outcome of the ROG on the day the Defence member receives the COs, CO Service Chief’s or the Chief of the Defence Force’s written decision on the ROG. 4.38 When considering suspending termination action safety, security, discipline and/or the effective operation of the unit may reasonably dictate that the proposed action should be taken despite the submission of a ROG. Such circumstances are to be exceptional. MANAGEMENT INITIATED EARLY RETIREMENT 4.39 4.39 MIER may be considered for Defence members whose performance is satisfactory but who are no longer widely employable or who are restricting the promotion opportunities of others in the ADF. The power of the decision-makers to initiate a transfer under the DPR 2002 is a discretionary power and, prior to the exercise of the power, consideration must be given to other employment opportunities for the Defence member. Defence members selected for MIER have the option of transferring from the Permanent Forces to a category of the Reserves with a special financial benefit, or transferring after at least 13 months further service without a special benefit. This position is contrasted with termination of service, outlined above, which does not result in transfer to the Reserves. Compulsory transfer to a category of the Reserves is also possible and this is detailed in MILPERSMAN, Part 7, Chapter 4—‘Arrangements for service in the Australian Defence Force’ (formerly DI(G) PERS 33–5). MIER is not to replace the normal administrative processes for dealing with unsatisfactory performance. While a Defence member is subject to an investigation for unacceptable behaviour, or is the subject of adverse administrative or disciplinary action, they will not be eligible for MIER. UNCONTROLLED IF PRINTED MILPERSMAN part 10 4–6 4.40 Qualifying conditions for MIER. Defence members being considered for MIER should refer to PACMAN, Volume 1, Chapter 2, Part 3, division 4—‘Special benefit payment—management-initiated early retirement’. 4.41 notice: Preliminary notification. The decision-maker must give a Defence member a preliminary a. advising the Defence member that they are being considered for MIER, and will be entitled to a payment of a special benefit if they transfer to a category of the Reserves in the initial period specified in the notice; b. stating the reasons why the decision-maker is considering giving the notice; and c. inviting the Defence member, in a specified period of at least one-month from the day the preliminary notice is given, to give the decision-maker a statement of reasons as to why they should not be transferred to a category of the Reserves. Special benefit 4.42 4.42 Offer of special benefit. If the Defence member has not given the decision-maker a statement of reasons, or where given, the decision-maker has considered the reasons, a further notice may be issued to the Defence member stating that: a. if the Defence member agrees to be transferred to a category of the Reserves in the initial period (see Paragraph 4.46.) specified in the notice, the Defence member will be entitled to a special benefit in accordance with a determination under Section 58B of the Defence Act; and b. if the Defence member declines to be transferred in accordance with Paragraph 4.42.a. then the Defence member may be transferred to the Standby Reserve without a special benefit, or the Defence member’s service in the ADF may be terminated following a subsequent period. The subsequent period must be at least 13 months, commencing not earlier than the day on which the offer of special benefit is given to the Defence member. 4.43 Arrangements after declining special benefit. If a Defence member declines the offer of a special benefit (see paragraph 4.42.b.), and the decision-maker considers it is necessary to take action in the interests of the organisational effectiveness of the Service, the decision-maker may, at any time after the subsequent period mentioned in the notice, transfer the Defence member to the Standby Reserve or terminate the Defence member’s service in the ADF. 4.44 Arrangements for service in the Standby Reserve are contained in MILPERSMAN, Part 7, Chapter 4 (formerly DI(G) PERS 33–5). 4.45 Authority. The special benefit payable is to be paid in accordance with the relevant Defence Determination which has been made under Section 58B of the Defence Act. 4.46 Initial period for the purpose of the special benefit. The initial period specified within which the Defence member must transfer to the Reserves, after being given notice that they will qualify for the payment of a special benefit, must generally be one-month, however, this may vary subject to capability circumstances. The initial period commences not earlier than the day on which the notice is given to the Defence member and must not be less than one-month. Notwithstanding this, the Defence member may transfer to the Reserves within the initial period, on a date determined by the Defence member. Time not to run during certain periods 4.47 4.47 In the event that a Defence member submits a formal complaint in accordance with DI(G) PERS 34–1, or under the Ombudsman Act 1976, which relates to the MIER process, that period during which the complaint is being investigated is not be taken into account for the purpose of the ‘initial’ or ‘subsequent’ time periods referred in Paragraph 4.42. UNCONTROLLED IF PRINTED MILPERSMAN part 10 4–7 Related publications 4.48 Australian Book of Reference (ABR) 10—Sailors’ Career Management Manual ABR 6289—RAN Officers’ Career Management Manual Australian Defence Force Publication 06.1.3—Guide to Administrative Decision-Making ADF Pay and Conditions Manual (PACMAN) Defence (Personnel) Regulations 2002 Defence Determination 2008/56 Defence Act 1903 Defence Force Discipline Act 1982 MILPERSMAN, Part 3, Chapter 2—‘Australian Defence Force Medical Employment Classification System’ (formerly DI(G) PERS 16–15) MILPERSMAN, Part 4,Chapter 3—‘Management of the use or involvement with prohibited substances in the Australian Defence Force’ (DI(G) PERS 15–5) MILPERSMAN, Part 7, Chapter 4—‘Arrangements for service in the Australian Defence Force’ (formerly DI(G) PERS 33–5) DI(G) PERS 34–1—Redress of Grievance—Tri-Service procedures Defence Instruction (Army) PERS 30–1—Management and exercising of Delegations and Authorisation of Powers dealing with Army personnel management Defence Instruction (Air Force) PERS 7–1—Discharge or Transfer of Airmen and Airwomen on Cessation of Permanent Air Force Service Ombudsman Act 1976 Annex: A. Definitions Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 10 ANNEX A TO CHAPTER 4 DEFINITIONS A 1. Decision-maker, for the purposes of termination notices and decisions in relation to Defence members, means the Governor-General and Service Chiefs, or their respective delegate(s) detailed in the relevant single-Service delegations schedules. 2. Eligible Defence member, for the purposes of the Management Initiated Early Retirement Scheme, means: 3. a. an officer in the Permanent Forces who holds a rank of Lieutenant Commander or higher, Major or higher, or Squadron Leader or higher; or b. an enlisted member in the Permanent Forces who holds a rank of Chief Petty Officer or higher, Warrant Officer Class 2 or higher, or Flight Sergeant or higher. Termination also includes the discharge of enlisted members under the Defence Act 1903. UNCONTROLLED IF PRINTED MILPERSMAN part 10 CHAPTER 5 NOTIFICATION OF POST SEPARATION EMPLOYMENT INTRODUCTION 5 5.1 5.1 The extant policy on Notification of Post Separation Employment remains Defence Instruction (General) (DI(G)) PERS 25–4—Notification of Post Separation Employment. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 10 CHAPTER 6 MANAGEMENT OF AUSTRALIAN DEFENCE FORCE STANDBY RESERVES 6 INTRODUCTION 6.1 6.1 The policy for the management of the Australian Defence Force Standby Reserves is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 6.2 The extant policy remains Defence Instruction (General) PERS 05–41—Management of Australian Defence Force Standby Reserves. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 11 CHAPTER 1 COURT OR POLICE ORDERS RESTRICTING ACCESS TO WEAPONS OR FIREARMS BY MEMBERS OF THE AUSTRALIAN DEFENCE FORCE INTRODUCTION 1 1.1 1.1 The Australian Defence Force’s (ADF) ability to deploy personnel on operations depends on individual readiness. An inherent requirement of a Defence member’s individual readiness is that the member must be proficient in the use of particular weapons. In order to acquire and maintain weapons proficiency, Defence members must be periodically issued with military weapons in order to undertake weapons training. The issue, possession and use of military weapons are subject to stringent controls. These controls are promulgated in the electronic Defence Security Manual (eDSM). 1.2 Under civil law, a State or Territory Court or Police Force can, where considered necessary, issue orders that protect a person from another person and may include orders that control access to, or possession of, firearms. Orders that protect a person from another person are named differently across different jurisdictions, as are orders that control access and possession of privately owned weapons as defined in Annex A of this Chapter. However, for the purpose of this Chapter, orders that pertain to the possession of weapons are referred to as Weapons Protection Orders (WPO). WPO include orders issued under Commonwealth laws such as the Family Law Act 1975—see Paragraph 1.19. of this Chapter. POLICY STATEMENT 1.3 1.3 Where a Defence member is subject to a State/Territory Court or Police WPO it is incumbent upon that member to comply with the WPO in relation to any privately owned weapons. However, State/Territory Court or Police WPO do not generally apply to the authorised possession and use of military weapons by members as part of their military duties. Nevertheless, in cognisance of the intent and seriousness of WPO, the ADF may voluntarily control or limit access to military weapons by Defence members who are the subject of a State/Territory Court or Police WPO. SCOPE 1.4 1.4 Although primarily directed at Defence members, Australian Public Servants and Civilian contractors may be employed in areas that will give them access to Service Weapons and therefore this Chapter is applicable to all Defence personnel as defined in Annex A. DEFINITIONS 1.5 1.5 Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ contains common terms and definitions used throughout this Chapter. Specific definitions to this Chapter are in Annex A. GUIDING PRINCIPLES 1.6 1.6 The administration of this Chapter is based on the following guiding principles: a. Commander’s discretion. While a WPO and State/Territory legislation do not apply to weapons issued by the ADF to its members, access to weapons by members who are the subject of a WPO may be controlled/limited at the Commander’s discretion having regard to the spirit and intent of the WPO. b. Precautionary measures. The ADF must review the circumstances and take precautionary measures if it is deemed necessary, in response to a WPO. UNCONTROLLED IF PRINTED MILPERSMAN part 11 1–2 c. Privacy of personal information. Information contained in a WPO must be treated and handled in confidence and in accordance with the Information Privacy Principles listed in Section 14 of the Privacy Act 1988. Any personal information must be collected, stored, used and disclosed in accordance with the Information Privacy Principles. d. ADF applicants. Applicants to the ADF must be advised that it is their responsibility to declare in writing any WPO to which they are subject. Entry to the ADF may be declined or deferred on the basis of this information. Applicants are also to be advised that a failure to declare the existence of a WPO may result in termination action being taken at a later date. e. Expiry of the order. When the currency of the WPO ceases, normal access requirements to weapons is to be resumed as appropriate. ROLES AND RESPONSIBILITIES Responsibilities of the Defence member 1.7 1.7 1.7 A Defence member must immediately notify their Commander in writing if they become the subject of a WPO. Upon posting into a new Unit, a Defence member must advise the gaining Commander if they are subject to a WPO. 1.8 The written advice required by Paragraph 1.7 must include the following: a. a copy of the WPO; b. details of the circumstances surrounding the issue of the WPO; and c. particulars of the duration and conditions of the WPO (where this information is not included in the WPO). 1.9 If there is doubt as to whether the State/Territory or Police order relates to a weapon as defined in this Chapter, the Defence member should seek legal advice from the relevant State or Territory jurisdiction involved. 1.10 Civilian employment. Where a Defence member has access to a weapon for civilian employment and is subject to a sanction on handling weapons by that employer, the member must advise their Commander as stated in Paragraph 1.8. Responsibilities of the Commander 1.11 1.11 The responsibilities of the member as stated in Paragraphs 1.8 to 1.10 are to be promulgated to all ADF members annually. The Commander must ensure that the personal information of a Defence member who is the subject of a WPO is managed in accordance with the Information Privacy Principles set out in the Privacy Act 1988. 1.12 A Commander must ensure the Career Management Agency (CMA)/Personnel Management Agency (PMA) of the Defence member’s Service is made aware of the existence and expiry date of the WPO. If a Defence member’s ability to perform their duties is restricted by a WPO, the Commander must consult the relevant CMA/PMA to consider the Defence member’s future employment options. The Commander’s recommendation in relation to the Defence member’s combat readiness status, the unit’s scheduled training commitments and requirements of the Defence member’s skill set are to be included. The Commander’s recommendation may include, but is not restricted to, the following considerations: a. no change in current employment status, b. posting, c. transferring to a position not requiring regular access to weapons, or d. action to effect temporary detachment from the unit. UNCONTROLLED IF PRINTED MILPERSMAN part 11 1–3 1.13 On notification of a WPO against a Defence member, a Commander must advise the Service Police Unit (SERPOL) and/or relevant stores and armoury personnel of the details of the WPO. The Commander is then to implement a minimum 48-hour embargo on the use of weapons in order to seek legal advice and, if considered necessary, a medical or psychological assessment of the Defence member. Each circumstance should be assessed on a case-by-case basis. 1.14 Access to weapons must be restricted to performance of essential functions which are necessary for operational capability or professional competency for a Defence member subject to a WPO. The Defence member must be supervised during any period when access to weapons is required, including range activities. A Commander must ensure that a Defence member subject to a WPO cannot gain unsupervised access to an armoury or magazine. If the Defence member subject to the WPO holds access codes to an armoury, the codes must be changed immediately to prevent the member gaining access until the WPO has been lifted. 1.15 Any privately owned weapons stored in a Defence armoury in accordance with the eDSM, must not be released to the Defence member where such a release would be contrary to the WPO. If the WPO requires the surrender of weapons, the surrender must be carried out in the presence of the Defence member (unless the WPO requires otherwise) by the officer-in-charge of the armoury direct to the civilian police. All details of the weapon and surrender must be recorded in the armoury register and receipts given to the Defence member. 1.16 If an affected Defence member is posted or attached to another unit while the WPO remains extant, the losing Commander must notify the gaining Commander of the existence of the order. Responsibilities of the Service Police Unit, Stores or Armoury personnel 1.17 1.17 Following notification by a Commander of any Defence member who is subject to a WPO, SERPOL must enter the details of any weapons restriction as an Information Report into the Defence Police and Security Management System database. This allows SERPOL, stores or armoury personnel to be kept informed of the restrictions imposed on the Defence member and confirm that the armoury is fully aware of all restrictions. Responsibilities of the Career Management Agency/Personnel Management Agency 1.18 1.18 Following advice from a Commander of the existence and expiry date of the Defence member’s WPO, the relevant CMA/PMA is to ascertain the Defence member’s ongoing ability to perform their core duties, particularly if those duties involve the use of military weapons. The CMA/PMA’s decision on the Defence member’s current and ongoing suitability for duties should be based upon the Commander’s recommendations. APPLICATION OF COURT OR POLICE ORDERS MADE UNDER A COMMONWEALTH LAW 1.19 1.19 Where a Court or Police WPO is authorised by a provision of a Commonwealth Act, (eg an injunction issued under the Family Law Act 1975), that would have the same effect as a WPO as defined in this Chapter, the Defence member must notify their Commander. The Defence member must comply with the order in relation to privately owned weapons. The Commander must seek urgent legal advice from the Defence Legal Division as to whether or not the order is applicable to the authorised possession and use of an ADF weapon by the Defence member. The Commander may impose the same weapons access control/limitation on a member that would be imposed if that WPO were issued by a State/Territory Court or Police Force. Publications and related policy 1.20 MILPERSMAN, Part 2, Chapter 1—‘Inherent requirements of service in the Australian Defence Force’ (formerly Defence Instruction (General) (DI(G)) PERS 36–3) MILPERSMAN, Part 3, Chapter 1—‘Australian Defence Force policy on Individual Readiness’ (formerly DI(G) PERS 36–2 MILPERSMAN, Part 9, Chapter 1—‘Formal warnings and censures in the Australian Defence Force’ (formerly DI(G) PERS 35–6) electronic Defence Security Manual (eDSM) UNCONTROLLED IF PRINTED MILPERSMAN part 11 1–4 Family Law Act 1975 Public Service Act 1999 Privacy Act 1988 Annex: A. Definitions Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 11 ANNEX A TO CHAPTER 1 DEFINITIONS A The following definitions apply to this Chapter: Firearm means small arms weapon, which emits a projectile through a controlled explosion and includes a gun, pistol or rifle. Protection Order means an order by a State or Territory Court or Police Service for the protection of one person against another person, including but not limited to a protection order, domestic violence order, apprehended violence order, restraining order, prohibition order, firearms order, or similar order and includes any such interim order. Sanction means any administrative or disciplinary action taken on a person to control the access to a firearm by a civilian employer. Reasons for a sanction could include, but are not limited to, medical, safety, emotional issues. Weapon means an offensive or defensive instrument of combat used to destroy, injure, defeat or threaten persons and includes a firearm, ammunition, bomb, explosives or other dangerous goods. Weapons Protection Order means a Protection Order that limits or restrains access to, possession or use of a weapon and includes cancellation, suspension or refusal of a weapon licence, permit, registration, or any similar authorisation, or orders the confiscation or disposal of a weapon. UNCONTROLLED IF PRINTED MILPERSMAN part 11 CHAPTER 2 POLICY FOR PLACING CIVILIAN PREMISES OUT OF BOUNDS OR OFF–LIMITS INTRODUCTION 2 2.1 2.1 The policy for placing civilian premises out of bounds or off-limits is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 2.2 The extant policy remains Defence Instruction (General) PERS 30–1—Policy for placing civilian premises out of bounds or off-limits. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 11 CHAPTER 3 DEFENCE DRIVING LICENCE SCHEME 3 INTRODUCTION 3.1 3.1 The policy on the Defence Driving Licence Scheme is being developed and will be incorporated into in this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. 3.2 There is no current policy, however, the information contained within the cancelled Defence Instruction (General) PERS 17–2—Defence Driving Licence Scheme is the most appropriate source of guidance. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 11 CHAPTER 4 GAMBLING IN SERVICE ESTABLISHMENTS AND IN NAVY SHIPS 4 INTRODUCTION 4.1 4.1 The extant policy on the gambling in Service establishments and Navy ships remains Defence Instruction (General) PERS 30–2—Gambling in Service establishments and in Navy ships. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 11 CHAPTER 5 ISSUE, WEARING AND REPLACEMENT OF PERSONAL IDENTITY TAGS TO DEFENCE MEMBERS INTRODUCTION 5 5.1 5.1 Personal Identity Tags assist with rapid and positive identification of casualties and the timely provision of medical assistance. Accordingly, Defence members are required to wear Personal Identity Tags in certain situations and must ensure that the information transcribed on them is correct. POLICY STATEMENT 5.2 5.2 The Australian Defence Force mandates the wearing of Personal Identity Tags by Defence members in certain circumstances to aid with identification. The use of Personal Identity Tags to aid with the identification of military casualties is an established international custom. SCOPE 5.3 5.3 This Chapter applies to all Defence members. DEFINITIONS 5.4 5.4 Military Personnel Policy Manual (MILPERSMAN), Part 1, Chapter 3—‘Military Personnel Policy Manual Glossary of common terms’ contains common terms and definitions used throughout this Chapter. In relation to this Chapter this specific definition applies: a. Personal Identity Tags, is defined as two metal based tags, one octagonal and one circular in shape with prescribed information embossed on their surfaces. The octagonal tag is connected to a long chain, and the circular tag is connected to a much shorter chain. The chains are joined together and must be worn around the neck of a Defence member in prescribed situations. See an image of Personal Identity Tags illustrated in Annex A. ROLES AND RESPONSIBILITIES 5.5 5.5 Commanders are responsible for the issue of Personal Identification Tags to all Defence members under their command. 5.6 Joint Logistics Command through local area Defence clothing stores are responsible for the provision and stock holding of Personal Identity Tags. They are also responsible for contracting the manufacture of Personal Identity Tags and embossing of personal details on the Personal Identity Tags. ENTITLEMENT 5.7 5.7 Newly appointed/enlisted Defence members are entitled to be issued with a single set of Personal Identity Tags. A set of Personal Identity Tags comprises three parts: a. two chains (long and short); circular tag; and b. octagonal tag. 5.8 Defence members who have been identified for operational deployment are entitled to be issued with an additional set of Personal Identity Tags as detailed in Paragraph 5.7. UNCONTROLLED IF PRINTED MILPERSMAN part 11 5–2 WHEN PERSONAL IDENTITY TAGS ARE TO BE WORN 5.9 5.9 Personal Identity Tags must be worn by all Defence members when: a. serving in an operational area, b. participating in an operational exercise, c. operating or travelling in service aircraft, d. operating or travelling aboard a naval vessel, or e. directed to do so by commanders for operational or training reasons. MANDATORY PERSONAL IDENTITY TAG INFORMATION 5.10 5.10 Personal Identity Tags must be machine embossed. Personal Identity Tags must not be engraved or hand punched except when, during operations, a Defence member’s Personal Identity Tags are lost or destroyed. The following details must be embossed in upper case with no punctuation on both Identity Tags issued to a Defence member: a. Australia (AS); b. Personnel Management Key Solutions (PMKeyS) identification number; c. Initials of given names; d. Surname in full; e. Religion/denomination (using abbreviations in Paragraph 5.12); and f. Blood group (using abbreviations in Paragraph 5.13). 5.11 The above details must be placed on one face of each tag in six parallel lines as illustrated in Annex A. 5.12 Religion/denomination and abbreviations. Abbreviations for religious affiliations are: a. Aboriginal Traditional Religion ATR b. Anglican/Church of England ANG c. Baptist BAPT d. Catholic/Roman Catholic RC e. Congregational CONG f. Churches of Christ CC g. Greek Orthodox ORTH h. Jehovah’s Witness JW i. Jewish J j. Lutheran LUTH k. Muslim MUS l. Pentecostal PENT m. Presbyterian PRES n. Salvation Army SA UNCONTROLLED IF PRINTED MILPERSMAN part 11 5–3 5.13 o. Uniting Church in Australia (including Congregational and Methodist) UCA p. Buddhist BUD q. Hindu HIN r. Sikh SIKH s. Other Christian Religions OCR t. Other Non-Christian Religions ONC u. No Religion (Atheist/Agnostic) NREL Blood Groups and abbreviations. The abbreviations used for blood groups are: a. O POS O NEG b. A POS A NEG c. B POS B NEG d. AB POS AB NEG WEARING PERSONAL IDENTITY TAGS 5.14 5.14 The octagonal tag must be suspended around the neck by the longer chain, and the circular tag is to be suspended separately from the octagonal tag by the shorter chain and is to hang below it. This is the only approved method of wearing Personal Identity Tags. REPLACEMENT OF PERSONAL IDENTITY TAGS 5.15 5.15 Defence members are entitled to replacements of Personal Identity Tags at public expense if any of the details are incorrectly recorded, or are illegible on their current set. 5.16 Defence members are also entitled to a replacement set of Personal Identity Tags at public expense: a. if the details have been engraved onto the tags, rather than embossed; b. to replace Service or Regimental number to PMKeyS identification number; or c. to change AUS or AUST to AS. 5.17 In the event that a Defence member’s Personal Identity Tags are lost or damaged, the Defence member must complete Web Form SD 016—Loss or Damage Report in accordance with the direction of unit management. 5.18 A Defence member may be required to replace their Personal Identity Tags at their own expense if they were not lost or damaged during the course of the individual performing military duties. Personnel Identity Tags are also referred to as Identity Discs, Personnel Identification Tags, or Dog Tags. UNCONTROLLED IF PRINTED MILPERSMAN part 11 5–4 ACCOUNTING AND ADMINISTRATIVE PROCEDURES FOR PERSONAL IDENTITY TAGS 5.19 5.19 The accounting and administrative procedures for the issue of Personal Identity Tags must be managed in accordance with the Electronic Supply Chain Manual, Volume 4, Section 8, Chapter 4. Annex: A. Embossing and assembly of Australian Defence Force Personal Identity Tags Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 11 ANNEX A TO CHAPTER 5 EMBOSSING AND ASSEMBLY OF AUSTRALIAN DEFENCE FORCE PERSONAL IDENTITY TAGS A UNCONTROLLED IF PRINTED MILPERSMAN part 11 CHAPTER 6 ISSUE OF OFFICIAL PASSPORTS AND VISAS TO DEFENCE PERSONNEL INTRODUCTION 6 6.1 6.1 The policy on the issue of official passports and visas to Defence personnel is being reviewed and will be incorporated into this Chapter of Military Personnel Policy Manual (MILPERSMAN) in due course. Information on how to apply for an official passport can be found at the Integrated Travel Solutions webpage. 6.2 The extant policy remains Defence Instruction (General) ADMIN 32–2—Issue of Official Passports and Visas to Defence Personnel. Sponsor: DGPPEC (DMPP) UNCONTROLLED IF PRINTED MILPERSMAN part 11 CHAPTER 7 RECORDING AND USE OF CIVIL SKILLS HELD BY AUSTRALIAN DEFENCE FORCE MEMBERS INTRODUCTION 7 7.1 7.1 The policy on the recording and use of civil skills held by Australian Defence Force members is being developed and will be included in this chapter in due course. Sponsor: HCRESD (DRES)
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