MILITARY PERSONNEL POLICY MANUAL UNCONTROLLED IF PRINTED

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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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2
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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
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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
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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)
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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)
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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
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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)
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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ANNEX B TO
CHAPTER 3
FLOW DIAGRAM FOR VOLUNTARY CONTINUOUS FULL–TIME
SERVICE APPLICATIONS
B
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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.
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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.
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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.
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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.
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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]
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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]
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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]
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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]
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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.
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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
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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
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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)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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)
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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;
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(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.
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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.
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•
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.
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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
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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
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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
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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.
•
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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part 3
ANNEX C TO
CHAPTER 2
SPECIALIST EMPLOYMENT CLASSIFICATION TABLE
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C
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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
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D
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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)
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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)
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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)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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)).
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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)
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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)
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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)
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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.
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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.
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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.
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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;
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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.
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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;
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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.
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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.
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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.
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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.
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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)
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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)
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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
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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
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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.
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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.
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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.
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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.
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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.
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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)
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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)
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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.
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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.
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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.
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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.
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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.
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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
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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)
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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.
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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.
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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.
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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.
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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)
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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
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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
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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
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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)
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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)
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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
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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)
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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)
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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.
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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.
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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.
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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)
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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)
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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
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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.
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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
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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.
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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)
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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)
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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;
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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;
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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)
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Family Law Act 1975
Public Service Act 1999
Privacy Act 1988
Annex:
A.
Definitions
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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ANNEX A TO
CHAPTER 5
EMBOSSING AND ASSEMBLY OF AUSTRALIAN DEFENCE FORCE
PERSONAL IDENTITY TAGS
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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.
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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.
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