Directorate of Service Conditions & Housing Policy Correct as at 17 Nov 2011 Operation ASTUTE...

Directorate of Service Conditions & Housing Policy Correct as at 17 Nov 2011

Operation ASTUTEOperation ASTUTEConditions of ServiceConditions of Service

People Policy and Employment Conditions Branch

Conditions of Service for Operation ASTUTE Correct as at 18 Nov 2011

References

• PACMAN Version 2 OCS Vol Chap 17

• DSC ADF COS signal dated 30 Nov 10

• DSC APS COS signal dated 3 Dec 10

• HQJOC message PERSOPS DTG 150409Z SEP 08 – Leave outside the AO and DA


Nature of Service Declaration

• The Minister for Defence, in consultation with the Prime Minister, declares a Nature of Service for operations. The relevant Conditions of Service for a declared operation is the authorises by the Minister for Defence Science and Personnel.

• Op ASTUTE has been declared Non-warlike service WEF 12 May 06.

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Non-warlike Service - Definition

• Military activities short of warlike operations where there is a risk associated with the assigned task(s) and where the application of force is limited to self defence.

• Casualties could occur but are not expected.

• Types:– Hazardous - mine avoidance/clearance, weapons inspections,

service protected evacuations - minimum force; and– Peacekeeping - military personnel without powers of enforcement

to help restore peace in an area of former conflict with the consent of all parties.

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Reviews

• DIO review threat assessments every 12 months or when circumstances change.

• NOS is reviewed when there is a change:– in circumstance;– the task, or role of deployed force;– or at a minimum of every 12 months.

• COS are reviewed when there is a change in assessment or NOS.


ELIGIBILITY

• To be eligible for the COS package, members must be:– assigned for duty with Operation ASTUTE– be within the specified area

• Eligibility for some COS depend on the expected length of deployment and operational requirements.

• Members on Long Term Overseas posting such as OP Tower should refer to PACMAN Ch 12- Ch16.

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OPERATION ASTUTE

ADF stabilisation operation in support of the Government of Timor-Leste

Dili to Darwin

720 Km

The specified area comprises Timor-Leste and its territorial waters and superjacent airspace.

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Housing and Removals

• Housing and removal benefits depend on;– the expected length of your deployment;– the location of your dependants during your deployment,– your categorisation,– posting location on RTA; and– time remaining in losing posting location.

• For deployments of less than six months;– There are no removal benefits. – housing benefits;

• Remain the same MWD and MWD(U)• Remain the same in the posting location for MWOD with the

member not required to make a contribution

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• For deployment of more than 6 months a range of assistance is provided to help members manage their absence.

• Members living in and Members living out;– May choose to remain in their accommodation or access removal

and storage entitlements.– should engage early with the decision maker to ensure they are

fully aware of the benefits and options available to them upon deployment.

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• MWD– dependants may remain in posting location; or– dependants may be moved to a personal location for family

support where there is a compelling need. There are several housing and removal options if approved to relocate your dependants for family support. The level of benefit available to the member depends on

• the compelling need, • members posting location on return; and • length of time in posting location on return.

– Members should engage early with the decision maker to ensure they are fully aware of the benefits available in their circumstances.

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• For full list of criteria refer to – PACMAN Ch 17; and– Consult the COS signal, and– Consult with Toll Transitions

• Check Insurance! It remains the members responsibility to ensure continued insurance coverage for home and content during any period of absence.

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Pre- deployment Leave and Travel

• Deployments of less than six months do not normally attract a Pre-deployment Leave entitlement. – Some provision exist for special cases; apply via relevant service

DGPERS area.

• Deployments of six months or more - Pre-deployment Leave:– approval depends on operational requirements;– up to 7 days (inclusive of weekends and public holidays);– Free Travel:

– If entitled – free travel within Australia may be granted to home location

– If BRL free travel entitlement exists then this is to be used– Alt, family members may be conveyed at public expense to members

home location. Costs not to exceed that which would have been expended for the member to travel.

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Before Deploying

Members should:

• Check with Centrelink regarding:– Family Tax Benefits:

• Note - A New tax System (Family Assistance) Act 1999 was amended effective 1 July 2007 to provide portability of Family Tax Benefit Part B beyond 13 weeks while overseas on deployment.

– any other benefits that you may be eligible for depending on your family composition and income

• Check with Child Support Agency regarding child support payments

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Allowances

• Deployment Allowance:– $98.31 pd– Tax exempt– payable inside the specified area– payable for ADF Rec leave accrued in the specified area– subject to change at any time – up or down (based on

changes to military and environmental conditions)– NOT payable at any other time; ie. working outside the specified

area (Darwin), escorting AME, RTA injured, conference/BOI etc

• Recognition of operational and environmental hazards

• Threat assessment sets basis for rate

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Allowances

• The rate of DA is arrived at by combining rates associated with Operational and Environmental treats as assessed by DIO.

• Threat Assessments– initial assessment completed on commencement of operation– routine review at minimum 12 month intervals– threat levels can/do move up and down.

• Operational assessments take into consideration;– political and military situation– activities and aims of military forces– military hazards– incidence of violent crime– the nature of the deployment– command arrangements

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Allowances

• Environmental assessments give consideration to;– health, including quality & availability of health services;– topography and climate– extent and quality of civil infrastructure– Extent of insect, plant and animal hazards– risk of road accidents & traffic conditions– language and social conditions– nature of deployment

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Allowances

• District Allowance– MWD members DO NOT have this allowance ceased if the family

remain at posting location.– MWOD members DO have this allowance ceased:

• after 30 days if returning to remote location after deployment, or

• on date of deployment if posted out of remote location and not returning after deployment.

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Allowances

• Other allowances where applicable:– Separation Allowance– Flying Allowance– Seagoing Allowance– Hard lying Allowance– Field Allowance

• Field Allowance applications are to be submitted to CJOPs for approval IAW PACMAN requirements, providing the stipulated threshold criterion of 'living in the field' has been met. FA for OP Astute is not guaranteed.

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Leave During Deployment

• ARL for non-warlike service - up to 10 days pa.

• ARL for Field, Seagoing or Flying service if entitled (granted IAW PACMAN):

• Be aware prior Field Leave accrued for current LY will count for the max Field Leave that can be credited – 10 days pa.

• ERL is not granted for warlike or non-warlike deployments

NOTE: IAW with HQJOC direction members leaving the AO must take ADF leave. Any other form of leave inc. UN/CTO leave is only to be taken in theatre and accounted for as short leave on PMKeys.


Relief Out of Country Travel Fares Assistance (ROCTFA):

• The purpose of ROCTFA is to assist personnel to have time away from the arduous conditions of the deployment.

• ROCTFA entitlement is based on length of deployment as follows:– Less than 6 months = NIL entitlement

NB: HQJOC may authorise 1 ROCTFA in exceptional circumstances.– 6 months but less than 9 months = 1 ROCTFA– 9 months but less than 12 months = 2 ROCTFA

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ROCTFA

• ROCTFA designated destination for OP ASTUTE is Australia as follows:– to the previous posting loc, or – alt the location to which the family has been moved at public expense

for the period of deployment, or– alt to the nominated family members normal residential loc within

Australia, or– alt to the defence recognised dependant normal residential loc within

Australia.

• These provisions can not be off set for other locations.

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ROCTFA

• Entitlement should be taken as near as possible to midway through deployment.

• Approval is subject to operational constraints and provided the member’s leave plan includes being outside of the specified area for at least seven (7) consecutive days

• Travel by economy class on the cheapest available airline that offers a reasonable standard of safety and security.

• TA is not payable while on ROCTFA.

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Other Information

• Taxation - non-warlike service– Section 23AG ITAA (qualifying period of 91 continuous

days):• ADF pers may be eligible for exemption from Australian income

tax under Section 23AG of the Income Tax Assessment Act 1936.• Note: Taxation advice regarding a member’s personal

circumstances is not provided by Defence. It is the responsibility of the individual to seek advice as necessary regarding the application of Section 23AG (or other provisions) to their personal circumstances and/or the ATO regarding a private ruling.

OR– s79B ITAA - Overseas Defence Forces Rebate:

• applies where s23AG is not applicable (periods of less than 91 days)

• $338 per year on a pro rata basis• plus 50% of any other applicable rebate

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Other Information

• Meals and Accommodation provided at Commonwealth expense in specified area; or– If meals are not provided – TA (including incidentals) can be paid

• Telephone calls & mail service:– NOT a COS, however, members MAY BE provided the opportunity to

telephone Australia:• The frequency and duration of these calls will be set by HQJOC.

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Other Information

• Compensation:– covered under the provisions of the Military Rehabilitation and

Compensation Act 2004 for death, injury or illness. – covered 24 hr a day– Hotline No 1300 550 461– E-mail - [email protected]

• It is essential to keep records and report all incidents. Ensure all paperwork is completed.

• Medals– ASM – clasp ‘Timor-Leste’ with 30 day aggregate qualifying period

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Defence APS Employees

Allowances

• Operational Support Allowance sum of:– Hardship rate:

• $65.05 pd for Timor-Leste– Arduous Duties rate:

• $100.65 pd for weekdays• $204.97 pd for weekends and public holidays

– Refer to DEFGRAM 5/2006 for payment of allowance details

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Leave

• APS employees receive additional annual leave for duty in operational areas.– Accrues at 1 day for every 10 days of service to a maximum of 10

days. Refer to PACMAN 17.10.9 for detailed information.

• Relief Out of Country Travel Fares Assistance (ROCTFA).– APS employees may be entitle to ROCTFA in accordance with

PACMAN. Refer to Slide 17 or PACMAN Part 9 Div 6

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Taxation

• Tax liabilities for the duration of operational support remains an individuals responsibility.

• Dependent on the nature of the operation being supported, an individuals status and location, persons may or may not be eligible for tax relief after spending 91 days or more in the area of operational support.

• The Medicare levy remains payable.

• The Australian Taxation Office should be consulted for further advice.

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Taxation (cont’d)

• Before electing to cease income tax withholding, persons are strongly encouraged to seek independent financial and/or taxation advice.

• If income tax withholdings are ceased for the period of operational support but persons do not render 91 days continuous foreign service or, due to personal status or particular location are excluded from tax relief, individuals will incur a significant tax liability at the end of the financial year.

Note: Taxation advice regarding an employee's personal circumstances is not provided by Defence. It is the responsibility of the individual employee to seek advice as necessary regarding the application of Section 23AG (or other provisions) to their personal circumstances and/or the ATO regarding a private ruling.

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Other Information

• Clothing and equipment. – Block scale of issue now available. See Q Store.

• Compensation – Covered under the provisions of the Safety Rehabilitation and

Compensation Act for death, injury or illness; except while on leave outside the AO.

• Life Insurance. – Reimbursement of life insurance premiums for policies taken out

by Defence APS employees for the duration of their operational support duty in an overseas Area of Operations.

– Limited to policies providing coverage within a operational area and reimbursement is capped at $1932.


EXCHANGE PERSONNEL

• Personnel from other forces on exchange with the ADF and deployed on Operation ASTUTE:– have NIL entitlement to ADF Deployment packages– are provided conditions of service from their parent country

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Where can I find the Conditions of Service for Operation ASTUTE?

• CoS messages for all operations are published on the DEFWEB and Internet at:– http://intranet.defence.gov.au/pac/– http://www.defence.gov.au/dpe/pac/

• drill down:– Pay and Conditions – Home Page– Overseas Operations

Directorate of Service Conditions & Housing Policy Correct as at 17 Nov 2011

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Directorate of Service Conditions & Housing Policy Correct as at 17 Nov 2011 Operation ASTUTE...

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