Defence Determination 2017/28, Overseas financial supplement (Cth)

Defence Determination 2017/28, Overseas financial supplement

I, PHILLIP JOHN HOGLIN, Acting Assistant Secretary People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.

Dated 30 August 2017

P J HOGLIN
Acting Assistant Secretary
People Policy and Employment Conditions

Defence People Group

1	Name
1.	This Determination is Defence Determination 2017/28, Overseas financial supplement.
2.	This Determination may also be cited as Defence Determination 2017/28.
2	Commencement
1.	Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
2.	Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3	Authority
This instrument is made under section 58B of the Defence Act 1903.
4	Application
This Determination applies to a member who meets both of the following conditions on the commencement of this Determination.
a.	The member is on a contract of employment with the United Nations.
b.	The member is not receiving remuneration from the ADF.
5	Eligible period
1.	For the purpose of this Determination eligible period means the period starting on 3 April 2017 and ending on the day the member's contract of employment with the United Nations ceases.
2.	The eligible period is not extended to include a new, or amended, contract period with the United Nations which commenced on or after this Determination.

6	Total benefit
The total benefit is calculated using the following formula.
A + B – C = total benefit
Where:
A	is the housing benefits the member is eligible for under Chapter 15 Part 4 Division 1 section 15.4.6 of Defence Determination 2016/19, Conditions of service, as in force from time to time.
B	is the utilities benefit payable to the member under Chapter 15 Part 4 Division 2 section 15.4.15 of Defence Determination 2016/19, Conditions of service, as in force from time to time.
C	is the rent subsidy that the member receives from the United Nations towards rent payable for the eligible period.
7	Payment of the benefit
1.	The member may be paid up to the total benefit at either of the following times.
a.	On resumption of receiving salary payable under Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries, as in force from time to time.
b.	If the CDF is satisfied that the member is suffering financial hardship, at a time determined by the CDF.
2.	If paragraph 1.b applies, the CDF may approve the payment of an amount either as a one-off payment or on a periodic basis during the eligible period.
3.	If the member receives one or more payments under subsection 2, the member is to be paid the amount of the total benefit that has not already been paid on resumption of salary being payable to the member under the Defence Force Remuneration Tribunal Determination No. 2 of 2017, Salaries, as in force from time to time.
4.	The total amount of payments under this section must not exceed the total benefit calculated under section 6.
8	Removal benefit
The member is eligible for a removal back to Australia provided under Chapter 14 Part 3 of Defence Determination 2016/19, Conditions of service, as in force from time to time, if both of the following conditions apply.
a.	The member's contract of employment with the United Nations ends early.
b.	A removal to Australia is not provided by the United Nations.