Defence Legislation Amendment (Superannuation and ADF Cover) Act 2015 (120 of 2015)

Schedule 2   Flexible service arrangements in the Permanent Forces

Naval Defence Act 1910

6   After section 31

Insert:

32 Flexible service arrangements for members of the Permanent Navy

General determinations

(1) The Chief of Navy may determine, in writing:

(a) a class of persons who are members of the Permanent Navy who may render flexible service instead of continuous full time naval service; and

(b) a period of service, or pattern of service, that constitutes that flexible service.

Note: A person may choose not to apply to render flexible service even if the person is in a class of persons in relation to whom a determination is made under this subsection.

Application to render flexible service

(2) A person who is a member of the Permanent Navy may, in writing, apply to the Chief of Navy to render flexible service instead of continuous full time naval service (whether or not the person is in a class of persons covered by a determination made under subsection (1)).

Approving and refusing application to render flexible service

(3) The Chief of Navy may determine, in writing:

(a) that a person who has applied under subsection (2) to render flexible service may render that service; and

(b) the period of service, or pattern of service, that constitutes that flexible service; and

(c) the period during which the determination is in force.

Note: The determination may be varied or revoked (see subsections (7), (9) and (10)).

(4) Without limiting subsection (3), if a person is in a class of persons covered by a determination made under subsection (1), the Chief of Navy may:

(a) still refuse the person's application; or

(b) determine under subsection (3) a different period of service, or pattern of service, from the period or pattern determined under subsection (1);

but only if the Chief of Navy is satisfied that it is appropriate to do so because of operational or other requirements of the Permanent Navy.

Flexible service taken to be continuous full time naval service for certain purposes

(5) A person rendering flexible service in accordance with a determination under subsection (3) is taken to be rendering continuous full time naval service for the purposes of the following:

(a) section 120B of the Defence Act 1903;

(b) the Defence Force Discipline Act 1982;

(c) the Defence Force Retirement and Death Benefits Act 1973;

(d) the Military Superannuation and Benefits Act 1991;

(e) a determination made for the purposes of section 58B or 58H of the Defence Act 1903;

(f) any instrument made for the purposes of a provision or Act referred to in any of paragraphs (a) to (d);

(g) any other Act, instrument or provision prescribed by the regulations.

Determination may deal with the treatment of flexible service

(6) Without limiting subsection (1) or (3), a determination under that subsection in relation to a person or class of persons may deal with:

(a) the treatment of flexible service (including how remuneration and allowances are to be treated) for the person or persons in that class; and

(b) whether, when the person or persons in that class are rendering flexible service, the person or persons are fulfilling their obligation to render continuous full time naval service under section 31.

Varying or revoking determinations - Chief of Navy

(7) The Chief of Navy may, at any time, vary or revoke a determination under subsection (1) or (3).

(8) A determination under subsection (3) in relation to a person is taken to be revoked if:

(a) the person is appointed to a position under section 179, 188FB, 188FL, 188GF or 188GP of the Defence Force Discipline Act 1982; or

(b) the person ceases to be a member of the Permanent Navy; or

(c) the person is in a class of persons covered by a determination made under subsection (1) that is revoked.

Revoking determinations - directions by Chief of the Defence Force

(9) The Chief of the Defence Force may at any time direct, in writing, the Chief of Navy to revoke a determination under subsection (3) if the Chief of the Defence Force is satisfied that it is appropriate to do so because of operational or other requirements of the Defence Force.

(10) The Chief of Navy must comply with a direction given under subsection (9).

Status of determinations

(11) A determination under subsection (1) or (3), and a direction under subsection (9), are not legislative instruments.