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UNCLASSIFIED Page 1 of 30 UNCLASSIFIED Functional Governance Better Practice Guide Better Practice Guide on Determination 1 of 2013 Date of initial endorsement: 13 June 2014 Date of last review: 8 October 2015 Endorsed by: National Manager People, Safety & Security Owner: Manager People Strategies Contact: Local People Strategies team or business advisor or industrial- [email protected] Identifier: MPS037 IPS Status Pending Disclosure and classification This document is classified UNCLASSIFIED and is intended for internal AFP use. Disclosing any content must comply with Commonwealth law and the AFP National Guideline on information management. Compliance This instrument is part of the AFP's professional standards framework. The AFP Commissioner’s Order on Professional Standards (CO2) outlines the expectations for appointees to adhere to the requirements of the framework. Inappropriate departures from the provisions of this instrument may constitute a breach of AFP professional standards and be dealt with under Part V of the Australian Federal Police Act 1979 (Cth). This document is a functional governance instrument as defined under s.4 of the AFP Commissioner's Order on Governance (CO1).

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Page 1: Functional Governance Better Practice Guide · Functional Governance Better Practice Guide Better Practice Guide on Determination 1 of 2013 Date of initial endorsement: ... ELEA Australian

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Functional Governance

Better Practice Guide

Better Practice Guide on Determination 1 of 2013

Date of initial endorsement: 13 June 2014

Date of last review: 8 October 2015

Endorsed by: National Manager People, Safety & Security

Owner: Manager People Strategies

Contact: Local People Strategies team or business advisor or industrial-

[email protected]

Identifier: MPS037

IPS Status Pending

Disclosure and classification

This document is classified UNCLASSIFIED and is intended for internal AFP use. Disclosing any

content must comply with Commonwealth law and the AFP National Guideline on information

management.

Compliance

This instrument is part of the AFP's professional standards framework. The AFP Commissioner’s

Order on Professional Standards (CO2) outlines the expectations for appointees to adhere to the

requirements of the framework. Inappropriate departures from the provisions of this instrument

may constitute a breach of AFP professional standards and be dealt with under Part V of the

Australian Federal Police Act 1979 (Cth).

This document is a functional governance instrument as defined under s.4 of the AFP

Commissioner's Order on Governance (CO1).

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1. Table of Amendments

Action Date of

Effect

Date of

signature Delegate

Inclusion of section 7.2 –

unaccompanied leave for Appointees

listed in Schedule 3 – Special

Circumstance for Unaccompanied

Assignments

13 June

2014 13 June 2014

National Manager

Human Resources

Amendment to section 8.2 – removal of

restriction on payment of COLA for dual

postings.

1 December

2013 13 June 2014

National Manager

Human Resources

Update of titles as per AFP structural

changes 1 July 2015

8 October

2015

National Manager

People, Safety &

Security

Removal of reference the locations of

Afghanistan and South Sudan

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 3 – inclusion of a definition for

‘Deployment’

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 7.1 – clarification around public

holiday stand-down applying to

deployment locations

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 7.1 – ability for periods of OAL

less than a full calendar day to be

encashed with all applicable allowances

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 7.2 – addition of the location of

Nauru

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Sections 7.2.2 – words around ability to

encash unaccompanied leave accruals

that are less than a full calendar day at

the end of assignment.

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 7.2.3 – inclusion of a table

outlining fare entitlements

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 7.3 – clarification that 20 days

leave only applies to deployments of 6

8 October

2015

8 October

2015 National Manager

People, Safety &

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months or more Security

Section 8.2 – amendment of Cost Of

Living Allowance to Cost Of Living

Adjustment

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 8.9 – clarification that respite

fares are paid on a pro rata basis

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 8.10 – clarification that reunion

fares are paid on a pro rata basis

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

Section 9.2 – requirement for annual

leave fares to be used in the relevant

12 month accrual period

8 October

2015

8 October

2015

National Manager

People, Safety &

Security

2. Acronyms

AFP Australian Federal Police

DFAT Department of Foreign Affairs and Trade

Det 1 Determination 1 of 2013

EA Australian Federal Police Enterprise Agreement 2012-2016

ECA Employment Conditions Abroad International Ltd

ELEA Australian Federal Police Executive Level Enterprise Agreement 2011

EOI Expression of Interest

HDA Higher Duties Allowance

MRD Mandatory Rest Day

PDA Performance Development Agreement

RAMSI Regional Assistance Mission to Solomon Islands

SRG Specialist Response Group

ULA Unaccompanied Location Allowance

FBT Fringe Benefits Tax

RFBA Reportable Fringe Benefits Amounts

3. Definitions

Accompanied Location Means a Deployment Location where it is suitable for Appointees to

be Accompanied. A Deployment Location may be designated an

Accompanied Location based on operational, security or other

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reasons.

Dependant Means:

An Appointee’s Spouse;

a child of the Appointee or the Appointee’s Spouse (including

an adopted child), who:

o is dependent on the Appointee;

o ordinarily lives with the Appointee; and

o is less than 18 years of age and undertaking full-time

education; or

another person who has been approved by the Commissioner

or NMPSS to be a dependant.

Deployment Means the approved time where the Appointee is at the Deployment

Location.

Eligible Person The Appointee and any approved Dependants.

Immediate Family

Member

Means Spouse, child or parent of the Appointee or Spouse.

Performance

Development Agreement

Means an agreement or the document created under the AFP’s

performance development and performance appraisal system.

Pro-rata Calculated as a proportion of a full time salary paid.

Spouse Means a person (whether of the same or different sex) who is:

married to the Appointee;

a defacto of the Appointee; or

who lives with the Appointee on a genuine domestic basis in a

relationship as a couple.

Unaccompanied Location Means a Deployment Location where it is unsuitable for Appointees

to be Accompanied. A Location may be designated an

Unaccompanied Location for operational, security or other reasons.

United Nations Missions Means an Assignment to a location where United Nations Missions

entitlements apply.

4. Introduction

This Better Practice Guide is to assist and inform Appointees deploying under Determination 1 of

2013 from 1 December 2013. This Better Practice Guide applies to:

Executive Level employees (Band 9); and

Employees (Band 1 to 8); and,

Casual Employees.

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5. Transitional Arrangements

Appointees who are assigned to an overseas location beyond 30 November 2013, under one of

the Determinations being revoked (see section 1.3 of Det 1) will be eligible for transitional

arrangements.

Transitional arrangements will only apply to the period that is remaining on the assignment to a

revoked Determination.

Appointees who are offered an extension to their current deployment after 30 November 2013

will be covered by Determination 1 of 2013 from the commencement of their extension period (ie

after 1 December 2013).

5.1 Transitional Allowance

Prior to commencement of Det. 1 all Appointees eligible for the transitional arrangements will

receive an outline of the Transitional Allowance payments that they will be entitled to under

section 1.14 of Det. 1.

The Transitional Allowance will be paid pro-rata to the Appointee, in arrears, on a fortnightly

basis, for the remainder of the period that the Appointee would have otherwise been assigned to

the revoked Determination.

If an Appointee’s assignment to the Deployment Location ceases, or is terminated, prior to the

end of the period that the Appointee would have otherwise been assigned to the revoked

Determination, the Transitional Allowance will cease to apply from the Appointee’s final day of

Assignment.

5.2 Transition of Leave Entitlements

In accordance with section 1.14 of Det. 1, leave entitlements already accrued under revoked

Determinations will be treated in the following manner:

All leave accrued by eligible Appointees Assigned Duties outside Australia from 1

December 2013 will be in accordance with the provisions of Det. 1;

Appointees who have accrued a leave balance under one of the revoked Determinations,

but have been unable to utilise this leave prior to 30 November 2013, will be able to

access any leave previously accrued, inclusive of allowances applicable under the revoked

Determination if taken during the assignment period;

Leave accrued under the revoked Determination must be taken prior to utilising any leave

which accrues under Det. 1; and,

From commencement of Assignment on Det. 1, all Appointees, excluding those on United

Nations Missions, will be provided with an Overseas Personal/Carer’s Leave entitlement.

The balance granted will be in accordance with section 2.3.3 of Det. 1, and will be based

on the calculation of 18 days Overseas Personal/Carer’s leave for each 12 months of

Assignment (or on a pro-rata basis for periods of Assignment less than 12 months).

6. Base Salary and Higher Duties

Appointees covered by Det. 1, for both policing and non-policing roles, will be assigned at their

substantive Base Salary provided for in the EA or ELEA.

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Unless otherwise agreed by the Delegate, the increment point when a person is engaged from

outside the AFP or on promotion or advancement across a hard barrier for the purpose of Det. 1

(where applicable in accordance with section 22.1 of the EA and section 12.1 of the ELEA), will be

the minimum point of the classification band.

Appointees are eligible for the salary increments and base salary increases they would otherwise

receive under the EA or ELEA (where applicable) provided all relevant criteria are met. This

includes participation in the Performance Development Agreement (PDA) Scheme and any

applicable Advancement Arrangement policies.

Appointees who were in receipt of the Core Composite (22%) under the EA, immediately prior to

Assignment to the Deployment Location, will be eligible for the equivalent percentage (22%) of

the Flexibility Allowance to count for superannuation purposes.

In order for the AFP to facilitate effective performance management and support the delivery of

AFP objectives and outcomes, expectations and objectives of appointments under Det. 1 will be

carried out via the AFP PDA Scheme.

6.1 Performance Development Agreement

6.1.1 EA Appointee requirements

Those Appointees ordinarily subject to the conditions of the EA will follow the annual Base Salary

increase eligibility requirements referred to under sub-section 60(3) of the EA. They must have

attained a minimum rating of ‘PDA Fulfilled’ as of the final day of February, prior to their

incremental anniversary date. Increases will be delayed until such time as a PDA exchange has

occurred and ‘PDA Fulfilled’ achieved.

To be eligible for incremental progression, (in accordance with sub-section 22(4) of the EA), an

Appointee must have achieved a minimum rating of ‘PDA fulfilled’ by COB on the last calendar

day in February and 31 August, as well as participated in an exchange establishing a new PDA to

‘Agreement Signed’ stage. Non-compliance will result in incremental progression being delayed

until a signed PDA is in place.

If an Appointee has a remedial agreement in place, incremental progression and salary increases

will be delayed until such time as ‘PDA Fulfilled’ is achieved. Any increase will then be instigated

when the Supervisor assesses the remedial objective as compliant. There will be no option to

backdate, however subsequent anniversary dates will not be affected. Approval may be given to

back date incremental advancement to the applicable effective date, where the Appointee is able

to demonstrate they have met their mutual agreement.

6.1.2 ELEA Appointee requirements

Those Appointees ordinarily under the conditions of the ELEA will be subject to salary movement

provisions as contained in sections 12.2 and 12.3 of the ELEA. Where an Executive Level

Appointee has been rated as ‘not yet fully effective’ or is subject to a formal underperformance

process within the PDA scheme over the Assessment Period, the Appointee will not receive any

movement within the pay scale for that assessment period.

Paper based PDA’s will not be accepted unless an Appointee can clearly demonstrate that there

was no access to AFPNet, an underlying technical error, or a failure on the supervisors part to

open a PDA through the PDA system.

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6.2 Advancement Arrangements

If an Appointee applies for, and is assigned to, a role not classed as a restricted policing role (see

EA), they will not be eligible to progress through the policing advancement arrangements.

Incremental progression will continue to occur in accordance with sub-section 22(2) of the EA.

If an Appointee is assigned to a broadbanded role, they will be eligible to progress through

relevant broadband advancement arrangements in accordance with the application principles

identified in the relevant Better Practice Guide on Advancement Arrangements.

Accelerated advancement is not permitted when determining the pay point an Appointee will

return to when re-entering the Policing Advancement Arrangements following a deployment.

6.3 Incremental Advancement within a Broadband

Incremental advancement within a broadband will occur as per the usual advancement

arrangements. When a firm barrier is reached, no incremental advancement can occur until the

relevant advancement criteria are successfully completed.

6.4 Higher Duties Allowance (HDA)

Where Appointees are being offered the opportunity of HDA after their Assignment (i.e. when

they are overseas) the following applies.

Higher duties under Det. 1 can only be paid where the period of higher duties is for 10 or more

consecutive working days, or for an aggregate period of more than 20 working days in calendar

year. Where higher duties are performed on an ad hoc basis, for less than 10 consecutive days,

once more than 20 working days has been reached the Appointee will be back paid for any unpaid

aggregate days within the 20 day period.

For consistency in the application of higher duties a working day is considered to be the normal

working week applicable at the overseas location regardless of whether the Appointee is

scheduled for duty on that day.

Higher duties are limited to a period of 6 months without the position being advertised, unless the

Delegate determines that a longer period of higher duties is appropriate.

If an Appointee is offered a higher duties opportunity in accordance with the principles of merit

following a recruitment process, such as an Expression of Interest (EOI), for a period equal to or

greater than 6 months, the owning area must release the Appointee effective no later than 28

calendar days from the date the Delegate indicates their approval of the higher duties in writing.

The same merit selection principles must be applied when determining any periods of higher

duties during assigned periods at post.

6.4.1 HDA Payment Rate

HDA is paid at the bottom increment of an AFP Band (e.g. Band 8.1). Where the higher duties

role is broadbanded, HDA is paid at the bottom of the broadband (e.g. Band 6.1 if performing

duties in a broadbanded 6-7 role). However if an Appointee’s substantive position attracts the

same Base Salary as the minimum increment point of the higher duties role, the Appointee will be

placed on the next increment point within that Band (e.g. Appointee’s substantive position is

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Band 5.3. As Band 6.1 attracts the same Base Salary the Appointee would be placed at Band 6.2

for the duration of their higher duties period).

Where an Appointee is currently performing paid higher duties (first higher duties role) and is

then directed to perform the duties of a role at a higher classification level for a period lasting

less than 10 working days (second higher duties role), they will continue to receive higher duties

allowance consistent with the first higher duties role until the expiry of this period.

Where an Appointee is required to perform paid higher duties at the SES level, they will be

required to work 20 working days prior to the payment of higher duties.

6.4.2 Aggregate Days

Where higher duties are performed on an ad hoc basis, for less than 10 consecutive days, once

more than 20 working days has been reached the Appointee will be back paid for any unpaid

aggregate days within the 20 day period.

6.4.3 Appointees acting at the Executive Level

Appointees performing higher duties at the Executive Level will be paid a total remuneration

package as outlined in sub-section 33(7)(d) of the EA, and will be covered by the terms and

conditions outlined in Det. 1.

Appointees acting at the Executive Level will cease to be eligible for the Flexibility Allowance.

6.4.4 Incremental Adjustment during periods of Higher Duties

Incremental adjustment during periods of higher duties will occur as outlined in section 8 of the

Better Practice Guide on Higher Duties Allowance.

6.4.5 Higher Duties and Incremental Advancement within a Broadband Role

Higher duties and any incremental advancement within a broadband role will occur as outlined in

section 9 of the Better Practice Guide on Higher Duties Allowance.

6.4.6 Higher Duties at Senior Executive Level

Where an Appointee is required to perform duties at the Senior Executive level for a period of not

less than 4 weeks the Appointee will be paid an allowance for the duration of the higher duties.

This allowance will be equal to the difference between the Appointee’s base salary, payable

immediately before commencing duties at the higher level and the minimum base salary payable

at the SES level, plus the value of any vehicle allowance payable at the SES level.

Where an Appointee is required to perform duties at the Senior Executive level for an aggregate

of more than 20 working days in a calendar year the Appointee will be paid an allowance for any

period of higher duties in excess of the initial 20 working days per calendar year. In this instance

the Appointee’s base salary payable immediately before commencing those duties in excess of 20

days will be used for the calculations.

Band 1-8 Appointees acting at the Senior Executive Level will have the Base Salary Cap increased

to $150,000 for the period of approved paid higher duties.

Appointees acting at the Senior Executive Level will not be eligible for the Flexibility Allowance.

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6.4.7 Higher Duties and Rank Declarations

A declaration of rank made under sections 9(2)(a) and 9(2)(b) of the Australian Federal Police Act

1979 may need to be made in respect of a Member who is placed on higher duties in a role which

requires the exercise of powers at a particular rank.

For example, a Member at AFP Band 4 (taken to usually be of the rank of Senior Constable)

placed on higher duties at Band 6 may be required to exercise specific powers of a Member at the

rank of Sergeant.

A declaration of rank will only be made for delegation purposes.

Dependent upon the circumstances, an Appointee may receive commensurate uniform or insignia

however this will be at the discretion of the delegate.

A declaration of rank must be signed prior to the commencement of the higher duties period

where possible.

A declaration of rank will not continue beyond the period of higher duties.

6.4.8 Higher Duties and Leave

Periods of paid leave while on higher duties will be applied as outlined in section 11 of the Better

Practice Guide on Higher Duties Allowance.

6.4.9 Revoking Higher Duties

A Delegate may revoke an Appointee’s higher duties at any time by advising an Appointee in

writing. However, an Appointee cannot be removed from higher duties due to pregnancy.

7. Leave Entitlements

7.1 Overseas Annual leave (OAL)

With the exception of those Assigned to locations outlined in Schedule 3 and UN Missions, an

Appointee will have access to OAL as outlined in section 2.3.1 of Det. 1.

At the commencement of an Assignment, an Appointee’s entitlement to accrue and/or utilise

Annual Leave under the relevant EA or ELEA will be frozen. These entitlements will remain frozen

until the Appointee is no longer covered by Det. 1.

This leave is accrued in lieu of any leave entitlements applicable under the EA or ELEA, takes into

account all types of leave available under these agreements, and will count as service for all

purposes.

OAL will be provided at the following rates, credited on a fortnightly pro rata basis. For an

Appointee normally covered by the terms and conditions of the:

a) EA – 6 weeks (228 hours) plus 4 Mandatory Rest Days (MRD’s); or

b) ELEA – 5 weeks (190 hours).

In respect of (a) and (b) above, public holidays will be observed as they apply in the Australian

Diplomatic Mission (as determined by DFAT) and if an Appointee is unable to observe the day

nominated as a public holiday, they will be entitled to a day in lieu of this day. This must be taken

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during the period of the Assignment or it will be void. Stand-down days as provided under the EA

or ELEA will not apply unless gazetted for the relevant Australian Diplomatic Mission.

In addition, the use of public holidays which are not in line with the above entitlements may have

income tax consequences for Appointees who might otherwise be eligible for income tax

exemption.

Where Appointees are assigned to a location which is not a DFAT mission, the Mission

Commander or SLO can determinate whether the Appointee can be ‘stood down’ for the public

holiday period, however there is no official entitlement to this holiday.

Unaccompanied Assignments to RAMSI (Solomon Islands), Timor-Leste, Papua New Guinea,

Nauru and Cyprus have accrual entitlements distinct from the standard Overseas Annual Leave.

The table outlined in Schedule 3 of Det. 1 details the applicable Special Circumstances for each of

the listed deployment locations. Leave entitlements relating to deployments to United Nations

Missions are outlined in section 7.3.

If an Appointee has unused OAL at the end of a deployment, the OAL is to be taken immediately

upon return to Australia. Any remaining OAL balance must be taken before any other accrued

leave applicable under the EA or ELEA is taken and will be subject to payment of any allowance

that would have applied if the Appointee had taken OAL during their Assignment.

Overseas Annual Leave may not be taken at half pay.

In exceptional circumstances, where an Appointee is not able to utilise all of their Overseas

Annual Leave entitlement, the Delegate may consider allowing the remaining leave to be en-

cashed. This encashment of leave will be considered on a case by case basis and is subject to the

AFP’s legislative obligations.

If at the conclusion of an Assignment an Appointee has any remaining Overseas Annual Leave

accruals that are less than a full calendar day, the remaining accrual will be encashed. This

encashment will include all applicable allowances.

7.2 Schedule 3 - Unaccompanied Leave

The following applies only to Appointees Assigned to the Deployment locations of Timor-Leste,

Papua New Guinea, Nauru and RAMSI who are accruing Unaccompanied Leave as provided under

Schedule 3 – Special Circumstances.

7.2.1 Unaccompanied Leave Accrual

Unaccompanied leave will accrue at the rate of 1 week (7 calendar days) leave for every 4 weeks

(28 calendar days) overseas assignment. One week leave will be remunerated as 40 hours of

salary.

Unaccompanied leave only accrues while on overseas assignment. Accrual ceases during periods

of approved Unaccompanied Leave. Each complete calendar day (a 24 hour period) of overseas

service counts towards unaccompanied leave accrual.

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7.2.2 Unaccompanied Leave Expenditure

Unaccompanied leave cannot be taken in advance of accrual. Once approved Unaccompanied

Leave may be changed to suit operational requirements and will be at the discretion of the

mission commander.

In managing leave flexibly all leave accrued during Assignment is to be expended prior to the end

of the Assignment date as per the Appointee’s directive.

Accrued Unaccompanied Leave cannot be taken as a part day however any accrual of less than a

full calendar day remaining at the end of Assignment will be encashed and will be paid inclusive of

any applicable allowance.

7.2.3 Unaccompanied Leave Travel Entitlements

The AFP will book and fund the cost of 'best fare of the day' airfares for each eligible Appointee as

per the table below:

Length of Assignment Fare

Entitlement

Minimum of 6 month Assignment 1 Fare

12 month Assignment 2 Fares

15 month Assignment 3 Fares

18 month Assignment 4 Fares

24 month Assignment 5 Fares

Assignments of less than 6 months do not attract fare entitlements. If the length of assignment

falls between fare entitlements the lesser entitlement will apply.

The AFP will not cover any additional travel costs such as taxi fares, meals, incidentals, hotel

accommodation or similar costs at avoidable stopovers. The AFP will also not cover the cost of

excess baggage.

Where an Appointee does not complete the nominated term of Assignment, any leave fares in

excess of their entitlement, based on the completed Assignment length, will be repaid to the AFP

by the Appointee.

Travel to and from the Deployment location (on commencement and cessation of the Assignment)

is as provided for in s 2.4.7 of the Determination.

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7.2.4 Travel Days

AFP Funded Travel

Travel between the Appointee’s Deployment location and Australia will constitute part of an

Appointee’s overseas service for the purposes of Unaccompanied Leave accrual. This will be up to

a maximum of two calendar days (one day each way) per approved leave period.

The AFP will cover travel to and from the airport at the Appointee’s Pre-Deployment location.

However travel costs will be limited to locations within the Appointee’s Pre-Deployment location.

If an Appointee requires travel to a location outside their Pre-Deployment location the Appointee

will be required to cover all costs.

Self-funded Travel

Travel during self-funded Unaccompanied Leave does not attract an entitlement to travel days.

However if the Appointee is scheduled and undertakes duty for no less than 6 hours, this day

would be considered as a day of overseas service for the purposes of Unaccompanied Leave

accrual.

7.2.5 Public Holidays

As per s 2.3.1 of the Determination public holidays do not apply to Appointees assigned to

locations included in Schedule 3 – Special Circumstances.

7.3 Other Non-AFP (including United Nations) Provided Overseas Annual or

Equivalent Leave

Where leave entitlements are provided by a non-AFP organisation, including the United Nations,

Appointees will not accrue Overseas Annual Leave as outlined above.

An appointee, who is deployed to a United Nations Mission, for a period of 6 months or more, will

instead receive 20 calendar days leave upon conclusion of their deployment. This leave must be

utilised immediately upon conclusion of the deployment and will be included in the assignment

period. This leave must be taken before accessing any other accrued leave applicable under the

EA or ELEA.

7.4 Mandatory Rest Days

Appointees who are eligible under s.2.3.1 of the Determination will be credited with 4 Mandatory

Rest Days (MRDs) per annum. MRDs are designed to assist Appointees in maintaining a healthy

work-life balance.

On deployment, an Appointee covered by this Determination, and not assigned to a location

outlined in Schedule 3 of Det. 1, is entitled to accrue and utilise MRD’s.

Two MRDs will be credited on the first day of March and the first day of September to all eligible

Appointees covered by the Determination on each crediting day, and that day counts as service

for all purposes. The Appointee will only be entitled to the crediting of MRDs provided, on the day

of crediting, the Appointees Overseas Annual Leave balance is no more than 6 weeks (228 hours)

MRDs must be taken in accordance with any arrangements made with their supervisor.

The crediting and deduction of MRDs will be expressed in days. For instance, if an Appointee

works a 12-hour shift and an MRD is approved by their supervisor, then the Appointee will have 1

day deducted from their MRD balance.

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The MRDs must be used within six months of being credited, or they will be forfeited. The MRDs

can be used either separately or consecutively. Unused MRDs will not accrue for any reason, and

will expire on the last day of February and 31 August.

Where an Appointee has not accrued their MRDs due to excess leave, they can apply to MPS, as

the delegate, for approval to be credited these days in the period. In order for this to occur the

Appointee must make an application to the delegate, outlining the reasons why they have not

been able to reduce their leave balance.

7.5 Leave Approval

Overseas Annual Leave requests must be approved prior to an Appointee commencing a period of

leave and will not be taken in advance of accrual. A delegate will not unreasonably refuse or

revoke an application for leave.

When a delegate feels it may be reasonable in the circumstances to consider refusing a leave

application, they may seek further information about the Appointee’s need for leave. If a delegate

ultimately decides not to approve the application, they must advise the applicant about the

reason(s) for non-approval in writing.

Where there is insufficient leave to cover the anticipated period of absence, approval for leave

without pay will need to be sought prior to leave being taken.

7.6 Overseas Personal / Carer’s Leave Entitlements

At commencement of Assignment, the Appointee’s entitlement to accrue and/or utilise

Personal/Carer’s leave under the relevant EA or ELEA will be frozen at existing levels. These

entitlements will remain frozen until the Appointee is no longer covered by Det. 1.

With the exception of those Appointees deployed to a United Nations Mission, Appointees will be

provided with 18 days of Overseas Personal/Carer’s leave for each 12 months of deployment (or

on a pro-rata basis for periods of deployment less than 12 months). This will be an upfront

accrual effective from the Appointee’s deployment commencement date.

Overseas Personal/Carer’s leave may be granted to an Appointee in the following circumstances:

where the Appointee is not fit for work due to personal illness, or injury; or

to provide care or support to a member of the Appointee’s accompanying Dependants who

require care or support because of a personal illness, injury, or unexpected emergency.

Overseas Personal/Carer’s leave cannot be used for any purpose other than those listed above

and will not be approved for the provision of care or support to a pet or for the purpose of

relocating or settling in/out.

Where an Appointee is repatriated due to personal illness, upon immediate return to Australia,

they will cease being covered under Det 1 and will be covered by the relevant EA or ELEA and

utilise any relevant frozen leave entitlements.

Where an Appointee requires additional Overseas Personal/Carer’s leave in excess of the amount

provided for under Det. 1, subject to the approval of the Delegate, the Appointee will return to

Australia, cease being covered under Det 1, and utilise relevant EA or ELEA entitlements as per

their frozen entitlements.

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Where both the Appointee and their Spouse are subject to joint Assignments and their eligible

dependant child remains in Australia at boarding school and that child falls ill, the Delegate may

approve overseas personal/carer’s leave for one of the Appointees to return to Australia to care

for the child. This option is not available where the spouse of the Appointee or the parent of the

child has remained in Australia.

If an Appointee has unused Overseas Personal/Carer’s leave upon completion of their

deployment, this balance will be transferred into the Appointee’s Australian based personal leave

accruals. Once transferred, this leave will cease to attract any allowances that would have been

applicable under Det. 1.

7.7 Certification Requirement

The delegate must approve all reasonable requests for personal leave. A delegate may refuse

personal leave or request satisfactory evidence to support a current or future application for

personal leave, where there is cause to believe that the reasons for such absences, irrespective of

their length, are not reasonable or legitimate.

Appointees under Det. 1 are required to provide satisfactory evidence to support an application

for Overseas Personal/Carer’s leave where they have been absent for 3 or more consecutive

occurrences and/or where they have been absent for more than 60 hours without evidence in a

financial year.

A certificate must be provided by the treating medical practitioner as evidence for Overseas

Personal/Carers Leave.

Where it is not practicable to provide a certificate from the treating medical practitioner, a

statutory declaration may be accepted. However, a statutory declaration will only be accepted

where prior approval has been granted by the Appointee’s Supervisor.

7.8 Notifying Personal Leave Absences

The Appointee is required to notify their Supervisor that they are unable to attend work as soon

as reasonably practicable.

If the need for a personal leave absence is known in advance, then notice of the intended

absence must be given to the Supervisor.

Upon return to work, the Appointee is required to submit a personal leave application, provide

any supporting documentation to the Delegate, and record the absence appropriately.

7.9 Compassionate leave

With the exception of those Appointees deployed to a United Nations Mission, Appointees

Assigned duties under Det. 1 may be granted up to 3 days of paid Compassionate leave for the

purposes of spending time with their Immediate Family Member where that family member:

contracts an illness, or injury, that poses a serious threat to his or her life; or

to attend the funeral of an Appointees immediate family member.

In certain circumstances the Delegate may extend an Appointee’s Compassionate Leave

Entitlements up to a maximum of five days.

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If a compassionate leave absence is known in advance, a notice of the intended absence must be

given to the supervisor. Upon their return to work, the Appointee is required to submit a

compassionate leave application.

An Appointee may be required to provide reasonable evidence for each occasion of illness, injury

and death to support an application for compassionate leave.

Where an Appointee is granted compassionate leave, for the purpose of time recording the

absence will include the hours the Appointee would otherwise have worked on that day.

7.10 Referrals for Medical Advice

All costs relating to any referral for medical assessment are subject to Delegate approval.

Where an Appointee takes lengthy or regular periods of overseas personal leave due to personal

illness and the Delegate is concerned about the Appointee’s ongoing fitness for duty, the Delegate

may direct an Appointee to be assessed by a suitably qualified and independent medical

practitioner. An Appointee, who is assessed by a medical practitioner and issued with a medical

certificate stating that they are unfit for duty, may not attend work for the period of time

specified by the certificate. This period of absence will be deducted from the Appointee’s overseas

personal leave balance.

The Delegate must notify AFP Medical Services if they wish to refer an Appointee for an

assessment by a medical practitioner. If an extended period of personal leave is warranted,

consultation between the medical facility, AFP Medical Services and AFP Legal services may deem

it more suitable that recovery take place in Australia. The Delegate will then make a final decision

based on a case by case circumstance.

7.11 Overseas Personal/Carers Leave without Pay

Where an Appointee exhausts all their paid Overseas Personal/Carers Leave, the delegate may

grant unpaid Overseas Personal/Carers Leave.

In exceptional circumstances, the Delegate may grant a further period of miscellaneous paid

Overseas Personal/Careers Leave.

7.12 Personal Illness on Overseas Annual Leave or Long Service Leave

An Appointee who is medically unfit for duty for a minimum of 1 day while on Overseas Annual

Leave, and who provides a medical certificate, may apply to convert their Overseas Annual Leave

to Overseas Personal Leave.

Statutory declarations are not acceptable for documenting personal illness for the purpose of

leave conversion. Leave conversion under any other circumstance is not permitted. Requests for

the conversion of leave must be in writing and approved by the Delegate.

7.13 Leave to Attend Court in Australia

Where an Appointee is required to return to Australia to attend court for a work related matter,

the Appointee will continue to receive all allowances that they would have otherwise been entitled

to for up to, and including, 14 calendar days.

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If the absence from the deployment location exceeds 14 calendar days, the Appointee will cease

to receive all allowances (and will only attract Base Salary) until such time as they return to the

deployment location. In this situation, the Appointee may make an application to the Delegate to

retain Allowances for a period in excess of 14 calendar days, however this must be done on an

individual basis.

Where an Appointee is required to return to Australia, all costs related to travel and

accommodation in Australia (if required) will be covered by the Business Area requesting the

return to Australia of the Appointee.

Where an Appointee returns to Australia to attend court, and is in receipt of all eligible Allowances

as outlined in Det. 1, no leave of any kind will be deducted from the Appointee’s balances.

Departure from the deployment location to attend court in Australia must only be used as a last

resort once all other options have been canvassed (e.g. Video conferencing).

7.14 Income Taxation Exemption

Absences and leave from a mission may affect the taxation of income which would otherwise be

eligible for income taxation exemption. The National Taxation Team can provide further guidance

in relation to any deviations from ordinary rotations or unusual absences from mission.

8. Allowances

Applicable Allowances will be paid to eligible Appointees from the date of Assignment to the

overseas deployment location, in accordance with the relevant transfer advice.

Allowances will not apply until the commencement date of the overseas Assignment and

entitlement will cease at the end of the specified overseas Assignment (inclusive of any accrued

overseas annual leave or UN leave entitlements).

If an Appointee is accompanied by a Spouse who is also assigned to the same location by another

Australian Public Service Agency (APS), the AFP may negotiate a suitable joint arrangement with

the other APS agency to fund some of the costs associated with the posting.

If an Appointee deploys on an ‘accompanied’ basis with the intention of their Spouse/Dependants

joining them at the Deployment Location within 90 days, however the Spouse/Dependants do not

arrive in the Deployment Location during that time, the Appointee will be declared to be

‘unaccompanied’. In this situation the Appointee will be required to reimburse any allowances

paid to them as an ‘accompanied’ Appointee under section 3.1 of the Determination. (For

example, the Appointee will be required to repay any ‘Accompanied Allowance’ if it exceeds the

amount that would have been paid as the ‘Reunion Fare Allowance’ for the same period).

If an Appointee’s approved dependants are absent from the ‘accompanied’ deployment location

for a period in excess of 28 days allowances applicable to the accompanied status will be affected

therefore if an Appointee’s circumstances change they must notify the relevant HR area/owning

Portfolio, in writing, as soon as possible. Any overpaid allowances will be recovered accordingly.

All allowances payable are as outlined in Det. 1. No further allowances will be payable.

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8.1 Flexibility Allowance

The Flexibility Allowance is paid in recognition of the need for Appointees to work rostered shifts

and/or hours outside of normal business hours without further remuneration.

The Flexibility Allowance is only payable to Appointees assigned to an overseas deployment

location at the Band 1-8 level under Det. 1, and is paid irrespective of deployment status (i.e.

Accompanied, Unaccompanied or Jointly Assigned).

The Flexibility Allowance is calculated at 25% of the Appointee’s Base Salary up to the Base

Salary Cap and will not be paid in Tax Adjusted Terms. The Flexibility Allowance will be paid

fortnightly, in arrears.

8.2 Cost of Living Adjustment (COLA)

COLA is paid to eligible Appointees in recognition of the increased cost of purchasing goods and

services at some overseas deployment locations. COLA is provided to supplement the difference

in the cost of meals, goods and other services between an Appointee’s Deployment Location and

Australia. The intention of COLA is not to cover all of these costs but to enable Appointees to live

at a comparable standard to that in Australia (where possible).

Where applicable, COLA is paid to all Appointees assigned to an overseas location under Det. 1,

with the exception of Appointees deployed as part of a UN mission, and/or Appointees who are

provided with both meals and accommodation by the AFP or a third party.

The amount of COLA payable is determined by ECA, and will be applied to the Appointee’s Base

Salary. The COLA will not be paid in Tax Adjusted Terms. COLA will be paid fortnightly, in arrears.

Should the ECA rating of a particular Deployment Location result in a negative index, the

Appointee will not be eligible for COLA, however a negative index will not be applied.

8.3 Overseas Allowance

The Overseas Allowance is paid to eligible Appointee’s as compensation for the impact of an

overseas Assignment on their lives, and provides a buffer to even out the effect of costs which

are not covered by other allowances paid under the revoked Determinations.

The Overseas Allowance is paid to all Appointees assigned to an overseas location under this

Determination, with the exception of the circumstance where two Appointees who are Spouses

are on Assignment to the same Deployment Location, and are cohabitating. In this instance, the

payment of Overseas Allowance will be limited to one Spouse only. Any application for Overseas

Allowance to be paid to both Appointees will be determined by the delegate on an individual

basis.

The Overseas Allowance is calculated at 20% of the Appointee’s Base Salary up to the Base

Salary Cap and will be paid in Tax Adjusted Terms. Overseas Allowance will be paid fortnightly, in

arrears.

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8.4 Outlay Advance

The Outlay Advance is an interest free loan available to Appointees who undertake an Assignment

overseas of at least 50 weeks in duration. It is a one off payment intended to assist with the

establishment and set up costs at the overseas deployment location.

The Outlay Advance is paid to eligible Appointees who complete the Outlay Advance Election Form

after all appropriate gateways are cleared and prior to commencement of the Overseas

Assignment. Appointees may elect to receive the full amount of the Outlay Advance or not to

receive the Allowance at all. No pro-rata, or reduced rates, of Outlay Advance will be paid. There

are no restrictions on the use of the Outlay Advance, and Appointees will not be asked to account

for expenditure.

Appointees must repay the Outlay Advance, in full, within the first 12 months of Overseas

Assignment. Repayment will occur as a fortnightly payroll deduction, commencing from the first

payday after receipt of the allowance. If an Appointee’s Overseas Assignment is reduced to less

than 50 weeks, the Appointee will still be required to repay the Outlay Advance in the same

timeframe, regardless of the reason for the reduction in Assignment.

Where two Appointees who are Spouses are on Assignment to the same Deployment Location,

the payment of Outlay Advance will be limited to the maximum amount payable combined. Any

application for Outlay Advance to be paid to both Appointees will be determined by the delegate

on an individual basis.

The rate/amount of Outlay Allowance payable is outlined in Schedule 1 of Det. 1.

8.5 Location Allowance

The Location Allowance is paid to eligible Appointees at certain Overseas Deployment Locations in

recognition of the effects on an Appointee’s lifestyle or welfare.

The Location Allowance is paid to all Appointees assigned to an overseas location under Det. 1,

with the exception of the circumstance where two Appointees who are Spouses are on

Assignment to the same Deployment Location, and are cohabitating. In this instance, the

payment of Location Allowance will be limited to one Spouse only. Any application for Location

Allowance to be paid to both Appointees will be determined by the delegate on an individual

basis.

Overseas deployment locations are rated in Categories A to F based upon levels of hardship. The

allowance is paid on a sliding scale according to this rating. Both the categories and the rate of

allowance are determined by ECA.

ECA Category and Allowance Rate

Category Allowance Rate (%)

A 0

B 10

C 15

D 20

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E 25

F 30

The Location Allowance is reviewed annually and any changes to the ranking will result in

adjustments to the applicable allowance.

The Location Allowance is calculated as a percentage of the Appointee’s Base Salary up to the

Base Salary Cap and will be paid in Tax Adjusted Terms. Location Allowance will be paid

fortnightly, in arrears.

8.6 Unaccompanied Location Allowance (ULA)

With the exception of Appointees assigned to locations in Schedule 3 the Unaccompanied Location

Allowance (ULA) will be paid to Appointees who are assigned to an Unaccompanied Location, for

12 months or more. It is paid, in recognition of the challenges associated with deploying on an

‘unaccompanied’ basis.

At the discretion of the Delegate, Appointees who are covered by Schedule 3 may request to be

paid ULA instead of the additional Special Circumstances Entitlements provided for in Schedule 3.

Appointees who are assigned to a UN Mission or are entitled to the Transitional Provisions under

section 1.14 of the Determination cannot apply to be paid ULA instead of Schedule 3

entitlements.

If such a request is approved, and an Appointee is paid ULA instead of Schedule 3 entitlements,

the employee cannot then apply to revert to entitlements under Schedule 3 for the duration of

that Assignment period.

An Appointee cannot be eligible for both ULA and entitlements outlined in Schedule 3.

Appointees who wish to be subject to ULA entitlements in lieu of Schedule 3 will need to request

so in writing clearly outlining the reasons why they no longer wish to be subject to the

entitlements outlined in Schedule 3. This request should be sent, via the Appointees chain of

command, to the Delegate for consideration.

Where two Appointees who usually reside together are on Assignment to the same Deployment

Location, the payment of ULA will be limited to one Appointee only.

The ULA rate is currently $10,000 per year and will be paid in Tax Adjusted Terms. ULA will be

paid on a pro rata, fortnightly basis, in arrears.

8.7 Field Allowance

The Field Allowance is paid to eligible Appointees as compensation in circumstances where the

AFP, or a third party, is unable to provide an Appointee with a suitable residence.

The Field Allowance is paid to all Appointees assigned to an overseas location under Det. 1, with

the exception of Appointees deployed to a United Nations Mission. Spouses on Assignment to the

same Deployment Location are both eligible to receive Field Allowance provided they meet other

eligibility criteria.

The Field Allowance is calculated on a sliding scale (as per Schedule 1 of Det. 1) and will be paid

in Tax Adjusted Terms. Field Allowance will be paid fortnightly, in arrears.

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8.8 Accompanied Allowance

An Appointee Assigned to an Overseas Deployment Location may be eligible for an Accompanied

Allowance as per section 3.2 of Det. 1, provided they meet the criteria for Accompanied

Assignment and the Appointee’s Spouse or approved accompanying Dependants intend to reside

with the Appointee at the deployment location within the first 90 days of the Assignment.

If a couple is Assigned to an Overseas Deployment Location under Determination 1 of 2013,

neither one will be eligible for the payment of the Spousal component of this Accompanied

Allowance, and only one Appointee will be able to claim the allowance for Dependants.

In the situation where an Appointee’s Spouse is on Assignment to the same Deployment Location

with another APS Agency, the Appointee is not entitled to receive accompanied allowances in

respect of the Spouse. An Appointee is also ineligible for Accompanied Allowance for any

Dependants if the Appointee’s Spouse is receiving additional compensation for being

accompanied.

An Appointee is not eligible to receive both Accompanied Allowance and Reunion Fare Allowance.

The only exception to this rule is if the Appointee is joined at the overseas location by a spouse

while an eligible dependant child remains in Australia (for example to attend boarding school). In

this instance, the Appointee may be eligible to receive accompanied allowance for the spouse and

a reunion fare allowance for the child.

Where approved accompanying Dependants are absent from the deployment location for greater

than 28 days, the Appointee will cease to receive any applicable Accompanied Allowance for these

Dependants.

The Accompanied Allowance will be paid in accordance with Schedule 1 of Det. 1 and will be paid

in Tax Adjusted Terms. The Accompanied Allowance will be paid fortnightly, in arrears.

8.9 Respite Fare Allowance

The purpose of the Respite Fare Allowance is to enable Appointees to return to Australia or to

another location of their choice where they are deployed on an ‘Unaccompanied’ basis.

To be eligible for the Respite Fare Allowance, an Appointee must be assigned to a deployment

location for a minimum of 12 months, and must have commenced assignment to an overseas

post as an Unaccompanied Appointee. Appointees assigned to a Deployment location listed in

Schedule 3 of Determination 1 of 2013 are not eligible to receive the Respite Fare Allowance.

The Delegate has the discretion to allow payment of the Respite Fare Allowance for shorter

Assignments when an Appointee is not in receipt of an Accompanied Allowance.

An Appointee may only receive the Reunion Fare Allowance OR the Respite Fare Allowance, not

both.

The Respite Fare Allowance will be paid in accordance with Schedule 1 of Determination 1 of 2013

and will be paid in Tax Adjusted Terms. The Respite Fare Allowance will be paid on a pro rata

fortnightly basis, in arrears.

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8.10 Reunion Fare Allowance

The purpose of the Reunion Fare Allowance is to provide Appointees with additional remuneration

to reunite with eligible family members who remain in Australia.

To be eligible for the Reunion Fare Allowance, an Appointee must be assigned to an Accompanied

deployment location, have been offered the deployment on an Accompanied basis and have

elected not to be accompanied.

The Assignment to the Deployment Location must be for a minimum of 12 months.

The Delegate has the discretion to allow reunion fares for shorter assignments when an Appointee

is not in receipt of an accompanied allowance.

An Appointee may only receive the Reunion Fare Allowance OR the Respite Fare Allowance, not

both.

An Appointee cannot receive both Reunion Fare Allowance and Accompanied Allowance. The only

exception to this rule is if the Appointee is joined at the overseas location by a spouse while an

eligible dependant child remains in Australia (for example to attend boarding school). In this

instance, the Appointee may be eligible to receive accompanied allowance for the spouse and a

reunion fare for the child.

The Reunion Fare Allowance will be paid in accordance with Schedule 1 of Det. 1 and will be paid

in Tax Adjusted Terms. The Reunion Fare Allowance will be paid on a pro rata fortnightly basis, in

arrears.

Appointees assigned to a Deployment location listed in Schedule 3 of the Det. 1 are not eligible to

receive the Reunion Fare Allowance.

8.11 Transfer Allowance

The Transfer Allowance is paid in recognition of the one-off expenses Appointees may have prior

to deployment, in order to ready themselves, and their approved accompanying Dependants, for

the overseas Assignment. It is only payable to Appointees who are on an Accompanied

Assignment, as defined in section 3 of Det. 1, and are deployed equal to or greater than a 24

month period.

The Transfer Allowance will only be payable once in a 24 month period regardless of the amount

of times an employee is deployed within the 24 months.

The Transfer Allowance is calculated at 8% (plus 2% for each approved accompanying

Dependant) of the Appointee’s Base Salary up to the Base Salary Cap and will not be paid in Tax

Adjusted Terms.

The Transfer Allowance is available to be paid six months prior to the commencement of the

overseas Assignment, but no later than one month prior to commencement.

In the event that the Assignment does not proceed, any unexpended portion of the Transfer

Allowance will be required to be repaid. This figure will be determined upon presentation of

receipts/bank statements by the Appointee, accounting for expenditure to date.

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9. Travel

9.1 Travel to and From Deployment Location

Travel to the deployment location upon commencement of Assignment, and return travel to

Australia on completion of Assignment, will be funded for the Appointee and their approved

accompanying Dependants utilising the most direct route.

Travel will be limited to Economy airfares for Band 1-8 Appointees and their approved

accompanying Dependants, and Premium Economy for Executive Level Appointees and their

approved accompanying Dependants, when travelling with the Appointee. Where Executive

Appointees’ accompanying Dependants do not travel to and/or from the deployment location

upon commencement or completion of the Assignment, the class of travel for Dependants will be

limited to Economy.

Where an Appointee does not have their personal effects freighted to the deployment location,

the AFP will fund excess baggage to the maximum of 15 kilograms, or one additional piece of

baggage (whichever method of excess baggage is utilised by the airline). This may be converted

to unaccompanied freight.

In the event that an Appointee resigns from the AFP, and thereby ends an Assignment early, the

AFP will only reimburse travel costs if more than half the Assignment period has been completed.

Additionally, reimbursement will only be provided if the Appointee and any approved

accompanying Dependants return to Australia within 2 weeks of the resignation effective date.

Similarly, where an Appointee ends an Assignment before the schedule period is completed,

reimbursement for travel will only be provided if the Appointee and any approved accompanying

Dependants return to Australian immediately upon termination of the Assignment.

Any deviation to the most direct route of travel or the use of extended leave in conjunction with

travel may have taxation consequences. Further guidance can be located in the AFP National

Guideline on travel and living away from home.

9.2 Annual Leave Fares

With the exception of those Appointees who are assigned to locations outlined in Schedule 3 of

Det 1, Appointees who are assigned to a deployment location for at least 12 months may be

eligible to receive one Annual Leave Fare per year. This fare is to the value of a return economy

airfare to the Appointees Pre-Deployment location for the Appointee and any approved

accompanying Dependants and must be used within the relevant 12 month accrual period; unless

delegate approval has been given to carry-over the leave fare.

The Appointee is responsible for privately booking their Annual Leave Fares, with the AFP

providing reimbursement upon receiving receipts from the Appointee.

The Appointee may choose where they travel during their Overseas Annual Leave, however the

AFP will only provide reimbursement up to the value of ‘best fare of the day’ to and from the

Deployment location and the Appointees Pre-Deployment location. The Appointee will be

responsible for funding any difference if the fare is greater than ‘best fare of the day’.

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There is no requirement for the Appointee and their approved accompanying Dependants to

travel together, nor does the travel of Dependants have to coincide with periods of the

Appointee’s Overseas Annual Leave.

10. Health Services on Deployment

10.1 Prior to Assignment

Appointees and their accompanying dependants must pass AFP medical and dental fitness

examinations before being eligible for Overseas Assignment. As far as possible all necessary

dental treatment should be undertaken prior to the long-term deployment.

10.2 General

Where Medical Facilities (for example ASPEN in RAMSI), are not provided by the AFP at the

deployment location, the below provisions will apply.

10.3 Health Care Cost – International Network

Provisions outlined in this guide align health services for Appointees to the International Network

with Australian Medicare standards. The application of medical services for Appointees posted to a

location subject to DFAT Service Level Agreement (SLA) will be managed by DFAT Post

Administration and funded by the AFP, in line with the DFAT Overseas Health Provisions.

This section applies to eligible Appointees whilst they are on an overseas deployment with the

International Network. The AFP will be responsible for health care costs for Appointees and

approved dependants and includes direct traveling time to commence and complete the

Assignment and when the Appointee is receiving overseas allowances during the overseas

assignment (whether the Appointee is at post or elsewhere).

Where the Appointee take leave before arriving at the deployment location or returning to

Australia, the Appointee will be responsible for all health care costs and should arrange travel

insurance.

The Delegate has the discretion to vary this arrangement in special circumstances.

The Delegate may limit the eligibility for reimbursement of expenses associated with some or all

illnesses or conditions where a person does not fully meet the fitness standards (including

dental).

These Health Provisions do not cover treatment undertaken in Australia (coverage in these cases

would be under Medicare and/or any private health cover that the Appointee may hold).

The application of medical services for Appointees posted to locations subject to the DFAT Service

Level Agreement (SLA) will be managed by DFAT at post and funded by the AFP, in line with the

DFAT Overseas Health Provisions manual; further details are available from International Network

Support.

Where emergency medical evacuation is required, the delegation for the evacuation rests with the

Head of Mission at the Deployment Location in consultation with the relevant treating doctor.

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10.4 Health Care Costs – General

10.4.1 Medical and Costs

The AFP will fund medical and hospital expenses at post similar to the level provided under

Medicare in Australia. Any medical service performed by a qualified medical practitioner, and for

which a Medicare refund would apply in Australia, is covered by the Overseas Health Provisions.

Appointees will be required to make an annual personal contribution towards the costs before AFP

funding commences. The contribution amount is set annually by Department of Health and

Ageing (DoHA) advice will be provided to Appointees by DFAT Post Administration in deployment

locations covered by the Service Level Agreement. These amounts represent Australian average

annual expenditure on the difference between actual medical costs and the Medicare rebate. All

treatment eligible for Medicare benefits is reimbursable at post. Claims cannot be lodged directly

with Medicare. The annual contribution amount will be pro-rated where required.

Costs for preventative vaccinations are met by the AFP and no contribution is required by the

Appointee.

The Delegate has the discretion to vary this arrangement in special circumstances.

10.4.2 Pharmaceutical Costs

Eligible Persons are entitled to reimbursement of 'excess' costs of pharmaceuticals prescribed by

a qualified medical practitioner. The 'excess' is all costs in excess of 66% of the amount that

would be payable in Australia under the Pharmaceuticals Benefits Scheme (PBS). Where the

amount reimbursed during a calendar year reaches the safety net limit set under the PBS, the

amount to be met by the Appointee is reduced to a lower level. The contribution rate and the

safety-net limit have been reduced to 66% of the Australian rate in recognition that Appointees

overseas may face higher health risks and therefore have a greater demand for pharmaceutical

items.

Items available over the counter without prescription in Australia are not considered prescription

items for reimbursement or safety-net purposes.

Both the contribution rate and the safety-net amount will be varied when the PBS amounts in

Australia are varied.

10.4.3 Ambulance Costs

Appointees are entitled to reimbursement of costs where the medical condition of an Eligible

Person necessitates the use of an ambulance. No contribution is required towards these costs.

10.4.4 Ancillary Health Costs – General

The AFP will provide limited funding of Ancillary Services in order to provide the Eligible Person

with a level of health care similar to what they would have received if they were covered by a

private health care insurer in Australia. To calculate the amount the AFP uses to schedule of fees

set by Medibank Private as the benchmark for eligible services and costs. The AFP will fund the

amount that would be reimbursed by Medibank. The expectation would be that the Appointee

contribution will be similar to the out of pocket expenses they would incur for the same services

in Australia under Medibank insurance.

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10.4.5 Ancillary Health Costs – Dental

An Appointee who incurs costs for an Eligible Person for an ancillary dental service during the

period of eligibility is entitled to be reimbursed for the amount by which the cost exceeds the cost

of a dental service in Australia, i.e similar to the ancillary dental service.

The AFP meets all basic dental treatment costs for approved primary school age dependants in

excess of the basic annual contribution per eligible child. The Delegate may approve excess over

Australian costs for essential orthodontic treatment for eligible primary school age approved

accompanying dependants.

10.4.6 Costs of Routine Medical Checks during and after an Assignment

If the Delegate is satisfied, having regard to the general standard of health at the locality of the

deployment location, and incidence at the locality of diseases that are unlikely to be contracted in

Australia, that it is necessary for Eligible Persons to undergo routine medical checks during or

after the Assignment, the cost of the medical checks will be funded by the AFP.

10.4.7 Travel to another Locality for Health Care (Medical Evacuation)

If the Delegate considers, having regard to the factors set out below, that an Eligible Person

requires health care which can be neither satisfactorily provided at the Deployment Location or

delayed until the person is away from the Deployment Location for recreation or other purposes,

travel will be at AFP expense to a location where appropriate treatment can be provided. The

factors to be considered are:

The apparent state of health of the Eligible Person and any available professional advice on

the person’s state of health; and

The treatment that appears to be relevant to the person’s state of health; and

The health care facilities available at the Deployment Location; and

The availability and skill of health care professionals at the overseas office; and

Any other relevant factors.

In determining the requirement for a medical evacuation the Delegate will consult with the

treating medical facility; AFP Medical Services and DFAT medical support at Post where

applicable.

Where practicable, the Delegate may deem repatriation to Australia for medical treatment is the

most suitable option.

10.4.8 Provision of Escort

If an Eligible Person has been approved to travel to another locality for health care, the Delegate

may authorise the travel of an escort at AFP expense having regard to:

The reason for the Eligible Person’s travel; and

Any requirements applicable to an aircraft or other vehicle in which the person travels;

and

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The degree to which the person is able to travel independently for treatment; and

Any other relevant factors.

In determining the requirement for an escort the Delegate will consult with the treating medical

facility; AFP Medical Services and DFAT medical support at Post where applicable.

10.4.9 Fares of a Child to Accompany a Parent

In exceptional circumstances, the Delegate may approve the cost of fares, accommodation and

meals for a child to accompany the Eligible Person. Factors which will be considered by the

Delegate include:

the age of the child; and

any arrangements the patient could make for the care of the child in the circumstance;

and

Whether it is impractical to make other appropriate arrangements for the care of the child

at the Deployment Location.

10.4.10 Class of Air Travel for Health Care

In the case of an Eligible Person travelling to give birth:

return travel is economy class; and

travel is at economy class for the child on the return sector to the Deployment Location;

and

15 kilograms, or one additional piece of excess baggage (whichever method of excess

baggage is utilised by the airline) is provided for the return sector to the Deployment

Location.

In any other case, travel for an Eligible Person travelling for health care along with an escort or

child as applicable, will be provided in the AFP Travel Policy. The Delegate may vary this policy on

a case-by-case basis, having regard to all the prevailing evidence.

10.4.11 Living Costs During Treatment in Australia

While on travel to Australia for work related health care, the AFP will, if appropriate, meet

reasonable accommodation and living costs for the patient. Subject to the approval of the

delegate, the AFP will also meet reasonable accommodation and living costs for an approved

accompanying Dependant and/or medical escort.

10.4.12 Assignment of Rights to Recover Costs

The AFP will not meet costs under this section unless the Appointee or the Appointee’s Dependant

assigns to the AFP any right to recover the costs from another person. This section does not

apply to any benefit the Appointee or the Appointee’s approved Dependants may be entitled to

receive from a health benefits fund for an ancillary service or any other person or organisation.

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11. Death of an Appointee or Accompanying Dependant Overseas

In the event the Appointee or an approved accompanying Dependant dies overseas, the Delegate

will determine the AFP’s liability for associated costs, and the relevant period for the continuation

of allowances and entitlements.

If the Appointee or an approved accompanying Dependant dies overseas and their Spouse or an

immediate family member travels overseas to attend the funeral or to make necessary

arrangements arising from the death of that person, and the remains of the person are not to be

removed at Commonwealth expense, the Appointee, or in the event of the Appointee’s death,

their Spouse/immediate family member, is entitled to be reimbursed an amount equal to the

lesser of:

the cost of fares incurred by the Spouse/ immediate family member to travel to and from

that locality; or

the allowable travel cost for the travel; or

the allowable travel cost for travel from the locality where the Appointee ordinarily lives in

Australia to the locality overseas to which the immediate family member travels.

If the immediate family member ordinarily lives at a locality other than the locality at which the

Appointee ordinarily lives in Australia, the cost of fares incurred by the immediate family member

is to be reduced by the allowable travel cost for travel from the locality at which the immediate

family member ordinarily lives to the locality at which the Appointee ordinarily lives in Australia.

Reimbursement of travel costs will be in accordance with the National Guideline on travel and

living away from home.

A Spouse/immediate family member and/or the Appointee will not be entitled to reimbursement

for meals, accommodation or incidental costs incurred by the Spouse/immediate family member

for travel under this clause.

12. Education Costs

12.1 General Information

An Appointee may only receive education provisions if on an Accompanied Assignment for a

period of 24 months or greater. However the delegate may offer education assistance for shorter

deployments.

To receive assistance with compulsory fees the Delegate must be satisfied the child resided with

the Appointee for at least 50% of the year in Australia prior to Assignment.

The education provisions assist with education costs for eligible dependant children who either

reside with the Appointee at the Deployment Location, or remain in Australia to attend school or

are placed in a school in a third location (in exceptional circumstances).

The education covers eligible children as determined by Australian Capital Territory (ACT) age

eligibility benchmark for pre-school, primary school and secondary school children. The AFP will

not pay for any tertiary education or additional vocational training.

The maximum payment towards educational expenses for eligible children at the Deployment

Location is the compulsory fees for the designated benchmark school at the Deployment Location

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and any school provided bus transport costs to and from the benchmark school. It does not

include the cost of private transport to and from school.

The maximum payment towards education assistance in Australia or in a third location is the

equivalent to the compulsory tuition and boarding fees at the Canberra Grammar School.

Boarding school costs will not be paid where there is one parent remaining in Australia.

Where a child is educated by correspondence with an Australian school, assistance is limited to

the cost of the compulsory school fees and tuition costs for compulsory subjects at the Canberra

Grammar School. Assistance with correspondence education covers eligible children as

determination by the ACT age eligibility benchmark.

At certain Locations, Appointees may be eligible for reimbursement of the costs of a DFAT

approved summer school program for any vacation period in excess of six weeks, where the

Delegate has accepted that there are limited facilities accessible to children during summer

vacation and only applies where the Appointee is receiving education assistance for full time

schooling. The summer school must have a higher academic percentage.

Children with disabilities may require additional assistance at the Deployment Location in order to

access a standard of education similar to that available to them through government schools in

Australia. The Delegate may approve additional education provisions for accompanying

Dependants with disabilities on a case by case basis. The Appointee may be required to provide

appropriate documentation from medical and education providers to assist the Delegate in

assessing such a request.

The Delegate may also approve assistance for a child to return to Australia to enrol in a school in

Australia. Such assistance is limited to the cheapest economy class, most direct route air fare.

Education items such as, but not limited to, school uniforms, books, and lunches are a personal

expense and are not reimbursable. Basic school transport costs for a school bus provided by the

school (excluding private motor vehicle or taxis) paid in order for a dependant child to attend

school are reimbursable.

The AFP will only fund enrolment fees once. If an Appointee elects to change schools during the

Assignment, any enrolment fees will be a personal expense, unless there are exceptional

circumstances.

12.2 Education assistance in Australia – Tuition

If an Appointee’s child is educated in Australia, assistance with compulsory fees commences from

when the Appointee commences the Assignment and concludes at the end of the school term in

which the Assignment is completed.

Where an Australian Public Service employee and an Appointee, who are a couple, are assigned

to the same or separate Location, one parent must nominate to receive assistance with education

costs for a child remaining in full-time primary or secondary education assistance. Where no

nomination is received from the couple, the Appointee who commenced their long-term

Assignment first will be nominated.

Holding fees or deposits for schools in Australia where a child accompanied an Appointee on an

overseas assignment are not payable by the AFP.

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12.3 Education assistance in Australia – Boarding School Fees

Assistance with boarding school fees commences when the Appointee commences Assignment

and concludes at the end of the school term in which the Assignment is completed.

If an Appointee’s child resides at a third location, the Delegate may, in exceptional circumstances,

approve the cost of tuition and boarding costs at that location as an official expense. The

benchmarks at this third location will be the compulsory fees for tuition and boarding school costs

in accordance with the Canberra Grammar School.

12.4 Education assistance at the Deployment Location

DFAT designates the benchmark school at each applicable Deployment Location.

If an Appointee is assigned to a location outside the capital city where there is no benchmark

school the Appointee must prepare a submission to the Delegate.

If an Appointee’s child resides with the Appointee the compulsory fees for the benchmark school

and basic school transport costs to/ from that school if applicable are met by the AFP.

If an Appointee chooses to send their child to a school other than the benchmark school, the level

of assistance for that school is only equivalent to what it would have cost had the child attended

the benchmark school. If the benchmark school at the Deployment Location is the public school

system, the delegate may consider the circumstances and provide assistance to the limit of the

benchmark school.

Foreign language tuition may be approved at AFP expense only where tuition in English is not

available.

Remedial tuition may be approved by the Delegate at AFP expense in special circumstances.

13. Special Circumstances

13.1 General Information

Special Circumstances Entitlements may be granted in order to address exceptional or unique

circumstances that may occur as a result of deployment under Det 1. These entitlements may be

in the form of additional remuneration, leave or other entitlements.

Special Circumstances Entitlements will be determined by NMPSS on a case-by-case basis.

13.2 Special Circumstances Composite

The purpose of the Special Circumstances Composite is to compensate Appointees who, due to

foreseen or unforeseen circumstances, may be required to work additional, varied or extended

hours in response to genuine operational requirements.

Special Circumstances Composite is only available for Band 1-8 Appointees and will be paid in

addition to the Flexibility Allowance.

The current rate for Special Circumstances Composite is 20% of Base Salary and will not be paid

in Tax Adjusted Terms. The Special Circumstances composite will be paid fortnightly, in arrears,

and will not count as salary for superannuation purposes.

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If approved by the Delegate the Special Circumstance Composite will be reviewed on an on-going

basis (at a minimum monthly) to assess when the composite should cease.

14. Review of Decisions

The Dispute Avoidance and Settlement Procedure under section 1.13 of Det. 1 will deal with

preventing and settling disputes arising from interpreting the provisions of the Determination.

15. Taxation

The receipt of entitlements under this Determination may have taxation consequences, including

income tax and fringe benefits tax (FBT). The receipt of fringe benefits may also result in

Reportable Fringe Benefits Amounts (RFBA) for Appointees. Further information in relation to

RFBAs or taxation generally can be obtained from the AFP National Tax Team’s Hub Page.

16. Further Advice

Any initial enquiries relevant to the application of this Better Practice Guide should be referred to

the local HR team or HR Business Adviser.

Any further enquiries relevant to the content of this guide should be referred to the nominated

contact point, Industrial Relations via email at: [email protected]

Any further enquiries relevant to taxation guidance should be referred to the nominated contact

point, AFP Taxation Team via email at: [email protected]

17. Resources

Australian Federal Police Act 1979

Determination 1 of 2013 – Overseas Conditions of Service

Australian Federal Police Enterprise Agreement 2012-2016

Australian Federal Police Executive Level Enterprise Agreement 2011

AFP National Guideline on travel and living away from home

Better Practice Guide on Higher Duties Allowance