Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p126
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 637714–643997

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 of service obligation.
   iii.                                                                                                                                                                          The member is on Reserve service.

3.6.5 Considerations before an offer is made

1.  Before deciding that a member is to be given a deliberately differentiated offer, the CDF must have regard to the following circumstances.
    a.                                                                                                                                                                             Whether the member has applied, or is expecting to apply, to change their period of service that has the effect of bringing forward the end of the member's service in the Permanent Forces.
    b.                                                                                                                                                                             Whether the member has undertaken, or is expected to undertake, a further period of continuous full-time service in the position.
    c.                                                                                                                                                                             Whether the member has indicated that they are unwilling to remain in or move to a position critical to capability.
2.  Before deciding which benefits in this Part to include in the deliberately differentiated offer made to the member, the CDF must consider the following matters, if relevant.
    a.                                                                                                                                                                             Any evidence that failure to retain the member will cause a workforce capability gap.
    b.                                                                                                                                                                             The manner in which the current and future duties of the member support capability.
    c.                                                                                                                                                                             Whether the member holds skills, knowledge or qualifications that are essential to the delivery of Service capability.
    d.                                                                                                                                                                             The required period of service to assist succession in the position.
    e.                                                                                                                                                                             The anticipated timeframe to backfill the position if the member were to leave the Permanent Forces or resign from the ADF.
    f.                                                                                                                                                                             The potential for the succession plan developed by the Service career management agency to address the position critical to capability or workforce capability gap within the agreed period of service of the deliberately differentiated offer.
    g.                                                                                                                                                                             Any factors that could reduce the negative impact to capability.
    h.                                                                                                                                                                             The member's professional and personal situation, and what types of incentives would encourage the member to continue serving in the position for the agreed period of service.
    i.                                                                                                                                                                             Any external organisation's offer of employment to the member.
    j.                                                                                                                                                                             The flexible working arrangements that the member may wish to access in the position.
    k.                                                                                                                                                                             Any other relevant matter.

3.6.6 Deliberately differentiated offer

1.  The benefits in an individual member's deliberately differentiated offer are worked out in accordance with this section.
2.  The deliberately differentiated offer may include any of the benefits outlined in the table below.

Item  The following benefit                                                                                                                                                                                         may be made available from                    until
1.    Home purchase and sale assistance may be provided after the normal time period for eligibility has expired.                                                                                                   a date specified by CDF                       the expiry of the agreed period of service.