Defence Determination 2017/30, Removal and travel on death of a member or dependant – amendment (Cth)

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Defence Determination 2017/30, Removal and travel on death of a member or dependant – amendment

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

Dated 11 September 2017

P J HOGLIN
Acting Assistant Secretary
People Policy and Employment Conditions

Defence People Group




1

Name

1.

This Determination is Defence Determination 2017/30, Removal and travel on death of a member or dependant – amendment.

2.

This Determination may also be cited as Defence Determination 2017/30.

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 21 September 2017

Note: This table relates only to the provisions of this instrument as originally made.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 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Defence Determination 2016/19, Conditions of service

1 Subsection 6.5.29.1 (Removal between residences in the posting location – Australia), table item 1

After paragraph b. in column 2, insert:

Note: Reasons beyond a member's control does not include the breakdown of a marriage or partnership.

2 Subsection 6.5.29.1 (Removal between residences in the posting location – Australia), table item 4

After paragraph d. in column 2, insert:

Note: Reasons beyond a member's control does not include the breakdown of a marriage or partnership.

3 Section 6.5.75 (Member ceases to be member with dependants), title

At the end of the title, insert "(other than on death of dependant)"

4 Subsection 6.5.75.3 (Member ceases to be member with dependants (other than on death of dependant))

Omit subsection 6.5.75.3.

5 Section 6.5.75 (Member ceases to be member with dependants (other than on death of dependant))

After section 6.5.75, insert:

6.5.75A   Member ceases to be a member with dependants – death of dependant

1.

This section applies to a member who meets both of the following conditions.

a.

The member or their dependant lived in a Service residence immediately before their dependant died.

b.

The member ceases to be a member with dependants because their dependant has died.

See also: Chapter 7 Part 6 Division 9 subsection 7.6.59.3, Dependants not at the Service residence

2.

The member is eligible for a removal of their furniture and effects to new accommodation in the posting location at Commonwealth expense as provided under Division 2.

See: Division 2, Removal of furniture and effects

3.

The member is eligible for removal of their furniture and effects to storage in the posting location at Commonwealth expense as provided under Division 7.

See: Division 7, Storage of furniture and effects

4.

The CDF may approve storage benefits that are additional to those provided under section 6.5.54 if it is considered reasonable in the circumstances.

See: Division 7 section 6.5.54, Member without dependants

6 Subsection 7.6.59.3 (Dependants not at the Service residence)

At the end of the subsection, add:

See: Chapter 6 Part 5 Division 9 section 6.5.75A, Member ceases to be member with dependants – death of dependant

7 Subsection 9.3.80.2 (Means of travel)

Omit the subsection, substitute:

2.

The dependants may choose to travel by means that are not the most economical. Both of the following conditions apply.

a.

The Commonwealth will pay no more than the cost of travel by the most economical means.

See: Part 1, Basic travel benefits

b.

The dependants must pay any additional costs before the travel at Commonwealth expense is undertaken.

8 Subsection 9.3.80.3 (Means of travel)

Omit the subsection.

9 Section 9.3.83 (Baggage), note

Omit the reference note, substitute:

See: Chapter 6 Part 5 Division 11, Removal on death of a member

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