Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p158
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 774220–778481

former member is being investigated in connection with disciplinary action or possible disciplinary action under the Defence Force Discipline Act 1982.
      b. The defence civilian or former member has been charged with an offence under the Defence Force Discipline Act 1982.

      In this item, defence civilian has the same meaning as in the Defence Force Discipline Act 1982.
      Note:  Preparation time is not paid for this duty.

2.  For the purpose of subsection 1, the sessional fee is payable for preparation time in connection with duty performed for an item in paragraph 1.c. unless the duty is in connection with any of the following.
    a.                                                                                                                                                                                                                Providing legal advice under table item 6.a.i.
    b.                                                                                                                                                                                                                Giving legal advice to a member on matters arising from their service in the ADF under table item 7.
    c.                                                                                                                                                                                                                Giving legal advice to a defence civilian or former member under table item 8.

4.9.7 Sessional fee and Reserve salary

1.  This section applies in any period for which a legal officer is entitled to pay as a Reserve member and also performs duties that meet conditions for payment of the sessional fee set out in section 4.9.6.
2.  If the member's Reserve salary for the period is less that the amount of sessional fee that would be payable for the same period, the member may elect in writing to be paid the higher amount of sessional fee under this Division instead of the salary.

    Note 1: To avoid doubt, a member may be paid a combination of salary and sessional fee for a day, but is not entitled to payment for more than 6 hours' duty in total for that day.
    Note 2: If the member is approved to perform a period of duty for Reserve salary and not also given an express approval for that period of duty for the purpose of this Division, the member cannot later elect to be paid legal officer sessional fee under this section.

4.9.8 Amount of sessional fee

1.  A legal officer who performs duty in a matter described in the following table is eligible for a sessional fee, calculated at the rate set out in the table, for a period of up to 5 days.

Item                                                                                                                     If the member performs                                                                                   for                         the member is to be paid
1.                                                                                                                       Any of the following duties described in any of the following parts of the table in paragraph 4.9.6.1.c  less than 3 hours in a day  $202.50 an hour.
                                                                                                                         a. Paragraph a of table item 1.
                                                                                                                         b. Paragraph b of table item 1.
                                                                                                                         c. Table item 2.
                                                                                                                         d. Table item 4.
                                                                                                                         e. Table item 5.
3 or more hours in a day                                                                                                 $1215 a day.
2.                                                                                                                       Any of the following duties.