Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p125
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 632095–638473

category.

Part 6: Deliberately differentiated offer for members

3.6.1 Purpose

1.  This Part has the following purposes.
    a.                                                                                                                                                                                                                                 To facilitate the following outcomes.
    i.                                                                                                                                                                                                                                 The member who is critical to capability is retained.
    ii.                                                                                                                                                                                                                                A position critical to capability is no longer at risk.
    iii.                                                                                                                                                                                                                               The Defence factors that influenced the member to consider leaving the ADF are weakened.
    iv.                                                                                                                                                                                                                                A succession plan to address the workforce capability gap is implemented.
    v.                                                                                                                                                                                                                                 A critical workforce capability gap is resolved.
    b.                                                                                                                                                                                                                                 To provide a selection of incentives that may be used to retain a member.
2.  The deliberately differentiated offer is a management-initiated retention measure. Members may not apply for a deliberately differentiated offer.
3.  This Part is not intended to be used as a talent or career management tool. It should not be used to address issues of equity and flexible work arrangements as targeted special measures are already available for these issues.

3.6.2 Definitions

   In this Part the following apply.
   Member critical to capability means a member for whom the CDF decides all the following circumstances exist.
   a.                                                                                                                                                                                                                                                                            The loss of that member would significantly impact on ADF strategic or operational capability.
   b.                                                                                                                                                                                                                                                                            The member's skills, knowledge or qualifications cannot be readily replaced in the immediate future.
   c.                                                                                                                                                                                                                                                                            The member has demonstrated consistent high performance.
   Position critical to capability means a position that is essential to strategic or operational capability of the ADF and requires a particular set of skills, knowledge or qualification. Failure to fill the position impacts negatively on delivery of Service capability.
   Agreed period of service means the period the member has agreed to serve in the position for which the deliberately differentiated offer is made using the form at Annex 3.6.A.
   Workforce capability gap means the gap between the current and required capability of the workforce.

3.6.3 Member this Part applies to

   For this Part, the member must meet all of the following conditions.
   a.                                                                    The member is either of the following.
   i.                                                                    A member of the Permanent Forces.
   ii.                                                                   A member of the Reserves on continuous full-time service.
   b.                                                                    The member is a member critical to capability.

3.6.4 Situations that delay service

   A member who is offered a deliberately differentiated offer under this Part cannot start their agreed period of service if any of the following circumstances apply to them.
   a.                                                                                                                                                                            The member is not on paid service.
   b.                                                                                                                                                                            The member is subject to an undertaking for further service under Part 8 of the Military Superannuation and Benefits Act 1991 (as preserved by item 4 of Schedule 4 Defence Legislation Amendment Act (No. 1) 2005).
   c.                                                                                                                                                                            The member has any of the following liabilities.
   i.                                                                                                                                                                            An initial minimum period of service.
   ii.                                                                                                                                                                           A return