Document ID: chunk:federal_register_of_legislation:F2020L01546:schedule:8:p1
Version: federal_register_of_legislation:F2020L01546
Segment Type: schedule
Provision Reference: sch 8 (pt 1/2)
Character Range: 54592–60047

Schedule 8—Transitional provisions

1 Definitions
   In this Schedule, Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.

2. Parental Leave
1.  This section applies to a member who meets all of the following.
    a.                                                                                                                                                                         The member gained a child by any of the following means less than 66 weeks before the commencement of Schedule 2 of this Determination.
                                                                                                                                                                               i.                                                                                                                                       By birth.
                                                                                                                                                                               ii.                                                                                                                                      By adoption.
                                                                                                                                                                               iii.                                                                                                                                     By a permanent care order by a court or statutory authority that places the child in the member's care.
    b.                                                                                                                                                                         The member would have been eligible for a benefit under Schedule 2 of this Determination had it been in force at the time.
2.  Subject to subsections 3 and 4, the member is eligible is for the following.
    a.                                                                                                                                                                         Paid parental leave.
    b.                                                                                                                                                                         Unpaid parental leave.
    Note: This subsection does not include additional paid parental leave.
3.  The total amount of paid parental leave must not exceed the amount of paid parental leave the member would have been eligible for under Schedule 2 of this Determination.
4.  The parental leave provided under subsection 2 must be taken not more than 66 weeks after the member gained the child.

3.  Higher duties allowance
1.  This section applies to a member who meets all of the following.
    a.                                                                                                                                                         The member is undertaking a period of higher duties on the day Schedule 5 of this Determination commences.
    b.                                                                                                                                                         The member has been approved to receive higher duties allowance for the period they have been directed to perform the higher duties.
2.  The member is eligible to receive higher duties allowance at the rate that would have applied under the Determination until the earlier of the following.
    a.                                                                                                                                                         The day the direction to perform the higher duties ends.
    b.                                                                                                                                                         The day the member is directed to cease performing higher duties.

4 Overseas reunion travel
1.  This section applies to a member if all of the following apply.
    a.                                                                                                                                                                                         The member would have been eligible for a benefit under section 15.3.12 of the Defence Determination had Schedule 7 of this Determination been in force on 13 November 2020.
    b.                                                                                                                                                                                         The member's dependant travelled to the member's posting location between 13 November 2020 and the commencement of Schedule 7 of this Determination.
    c.                                                                                                                                                                                         The member has not received a benefit for the child under section 15.3.17A of the Defence Determination between 13 November 2020 and the commencement of Schedule 7 of this Determination.
2.  The member is eligible for the travel costs that they would have been provided under section 15.3.16 had it applied.
3.  If a member receives a benefit under subsection 2 for a dependant, the number of reunion visits that are