Correct as at 6 November 2014 Operation HAWICK - Conditions of Service People Policy and Employment Conditions Branch

Correct as at 6 November 2014

Operation HAWICK - Conditions of ServiceOperation HAWICK - Conditions of Service

People Policy and Employment Conditions Branch


References

• PACMAN Version 2 OCS Vol Chap 17

• DMCHP CoS message of 190425Z SEP 14

• Defence Determination 2014/48 dated 19 Sep 14


Nature of Service Declaration

• A Nature of Service (NOS) declaration by the Minister for Defence, in consultation with the Prime Minister, authorises a Conditions of Service (COS) package for each deployment.

• Op HAWICK has been declared non-warlike service for Ukraine and peacetime service for Germany and the Netherlands WEF 21 July 2014.


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 (not limited to):

– 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.


Peacetime - Definition

Peacetime service is characterised as being operational service that is:

• Not Warlike, or

• Not Non-warlike.

For example – Op RESOLUTE


Reviews

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

• NOS is reviewed when there is a change:

– in circumstance;– in the task or role of deployed force;– or at a minimum of every 12 months.

• These reviews may result in new NOS declaration by the Minister for Defence.

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


Eligibility

To be eligible for the COS package, members must be:

– assigned for duty with Operation HAWICK– be within the specified area(s)

• The specified area for Op HAWICK has been divided into two areas:

– Zone A – Non-warlike – Ukraine– Zone B – Peacetime – Germany and the Netherlands

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


Housing and Removals – NWL SVC

• Housing and removal benefits depend on;– Service in Zone A – 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 NWL 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


Housing and Removals – NWL SVC

• For NWL 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.


Housing and Removals - NWL SVC

• 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 a number of levels 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.


Pre-deployment Leave and Travel – NWL SVC

• 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.


Before Deploying on NWL Op

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 6 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


Allowance – NWL SVC

• Deployment Allowance:

– $139.35 pd (WEF 06 Nov 14)– Tax exempt– payable inside the specified area (Zone A only)– payable for ADF leave accrued in the specified area (Zone

A only)– subject to change at any time – up or down (based on

changes to military and environmental conditions)– NOT payable at any other time; ie. UN leave/CTO outside

AO, duty outside the specified area, escorting AME, RTA injured, conference/BOI etc

• Recognition of operational and environmental hazards

• Threat assessment sets basis for rate


Allowances

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

• 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

Allowances


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

Allowances


Allowances

• Other allowances where applicable:

– Separation Allowance– Flying Allowance

• Field Allowance applications are to be submitted to CJOPs for approval IAW the requirements of PACMAN, providing the stipulated threshold criterion of 'living in the field' has been met.

Allowances


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.

Allowances


Taxation

Service in Ukraine– 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. Note: s23AG does not apply in every country.

OR

Service in Ukraine less than 91 days and all service in Germany and the Netherlands

– 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


Leave

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

• ARL for Field 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 non-warlike deployments

NB-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 – NWL SVC

• The purpose of relief out-of-country travel fare assistance is to help the member have time away from the difficulties of a deployment. ROCTFA is:

– subject to operational constraints and providing the members leave plan includes being outside of the specified area for at least seven (7) consecutive days

– to be taken as near as possible to midway point of deployment

– travel on cheapest available airline offering a reasonable standard of safety and security

– travel is intended to assist personnel to have time away from the arduous conditions of the deployment


ROCTFA – NWL SVC

• ROCTFA benefit is based on length of deployment as follows:-

– Less than 6 months = NIL entitlement

NB: HQJOC may grant 1 ROCTFA in exceptional circumstances – 6 months but less than 9 months = 1 ROCTFA– 9 months but less than 12 months = 2 ROCTFA– 12 months but less than 15 months = 3 ROCTFA


ROCTFA – NWL SVC

• ROCTFA designated destination for OP HAWICK is 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.

• there is no offset for the RTA provision.


ROCTFA – NWL SVC

• For members who do not wish to RTA the ROCTFA destination is London.

• Members may offset the cost of return travel to London against the cost of travel to an alt destination.

• The alt destination must be suitable as a ROCTFA destination as determined by the CO.

– class of travel is economy airfare.– TA is not payable while on ROCTFA.


COS - Germany and the Netherlands

• Service in Germany and the Netherlands (Zone B) is peacetime service

• Considered to be on short-term overseas duty not non-warlike service

• Germany and the Netherlands are NOT Hardship location.

• Short-term overseas TA is payable if not provided meals

• Refer PACMAN Chap 13 for benefits

• Pers not entitled to both NWL and Peacetime COS for same day or part-day. Inter-zone movements (Zone A & B) will receive higher of the two packages (NWL).


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– To be determined by Directorate of Honours and Awards and

advised separately.


Other Information

• 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.


EXCHANGE PERSONNEL

• Personnel from other forces on exchange with the ADF and deployed on Operation HAWICK:– have NIL entitlement to ADF Deployment packages

– are provided conditions of service from their parent country

Other Information


• CoS messages for all operations are published on the Defence Pay and Conditions (internet) website under the ‘Overseas Operations’ heading:

– http://www.defence.gov.au/dpe/pac/

• drill down:– Pay and Conditions – Home Page– Summary of Operational Conditions of Service (ADF or APS)


Any Questions?

Documents

Correct as at 6 November 2014 Operation HAWICK - Conditions of Service People Policy and Employment Conditions Branch