Defence Determination 2017/45, Removal to a personal location and the Puckapunyal housing trial – amendment (Cth)
Defence Determination 2017/45, Removal to a personal location and the Puckapunyal housing trial – amendment
I, PHILLIP JOHN HOGLIN, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.
Dated 20 December 2017
P J HOGLIN
Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group
Contents
1......... Name............................................................................................................................... 2
2......... Commencement............................................................................................................... 2
3......... Authority......................................................................................................................... 2
4......... Schedules......................................................................................................................... 2
Schedule 1—Removal to a personal location - amendments 3
Defence Determination 2016/19, Conditions of service
Schedule 2—Puckapunyal housing trial - amendments 6
Defence Determination 2016/19, Conditions of service
1 Name
This instrument is Defence Determination 2017/45, Removal to a personal location and the Puckapunyal housing trial – amendment.
2 Commencement
This instrument commences on 11 January 2018.
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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Removal to a personal location – amendment
Defence Determination 2016/19, Conditions of service
| 1 | Section 6.5.19 (Compassionate removal to a personal location where benefits are provided) |
| Omit the section, substitute: |
6.5.19 Compassionate removal to a personal location where benefits are provided
| 1. | A member with dependants or a member with dependants (unaccompanied) may be provided with Commonwealth assistance for a removal for their dependants to a personal location if both of the following conditions are met. | |
| a. | The CDF is satisfied that there are substantial compassionate reasons for the removal of the dependants to a personal location. | |
| b. | The CDF determines the removal is in the interests of the ADF. | |
| See: Chapter 8 Part 3 Division 1 subsection 8.3.6.6, Member who may be classified as a member with dependants (unaccompanied) | ||
| Note: Removals under this section are subject to the limits set out in Division 2, Removal of furniture and effects. | ||
| 2. | The CDF must consider the following criteria when making a decision under subsection 1. | |
| a. | The seriousness of the reasons for the compassionate removal. | |
| b. | The nature of care or assistance required by a dependant. | |
| c. | Whether the circumstances are likely to be resolved after a reasonably short period of time or are enduring. | |
| d. | Whether the issue can only be addressed by relocating the dependants. | |
| Example: A member lives in Wagga Wagga. The member's daughter needs ongoing medical care. That care is only available from a hospital in Melbourne. The family decides that the member's dependants should move to Melbourne. The member may be eligible for a removal under this section. | ||
| Non-example: A member needs child care for their young child. The member would like their mother to provide that care, while the member works. The member's mother lives in another city. The member's mother is not the only source of child care available. Alternative child care could be found at the member's location. The member is not eligible for a removal under this section. | ||
| e. | Whether the decision to relocate was prompted by personal or Service-related circumstances. | |
| f. | Whether the member has applied for discharge and is eligible for a discharge removal. | |
6.5.19A Removal to a personal location for employment or study
| 1. | The CDF may grant a member with dependants or a member with dependants (unaccompanied) a removal at Commonwealth expense for their dependants to a personal location if satisfied that all the following conditions are met. | |
| a. | The move is necessary for the member's spouse or partner to undertake specified employment or a specified period of study in the personal location. | |
| Notes: | ||
| b. | The move occurs within a period of three months before or after a member’s posting to a new location. | |
| c. | The member is posted to the new posting location for duty for six months or more. | |
| d. | The personal location is closer to the member's new posting location than the losing location. | |
| Example: A member and dependants live in Canberra. The member is posted to Adelaide, but the member's partner gets a job in Melbourne. The personal location is closer to Adelaide and meets the distance requirements. | ||
| 2. | The CDF may extend the removal period under paragraph 1.b if it is considered reasonable in the circumstances. | |
| Example: The member's posting to the new location is to commence on 1 July. The member's partner is to commence employment at the personal location on 16 March. It is considered reasonable for the early removal of the dependant's possessions to allow for the member's partner to commence their employment. | ||
| 3. | A removal granted under subsection 1 has the following two components. | |
| a. | On the member’s posting — a limited removal for the member from the losing location to the new posting location. | |
| b. | Within the period under paragraph 1.b or the extended period under subsection 2 — removal of the member’s household furniture and effects from the losing location to the personal location. Note: The member’s household furniture and effects are not moved to the member’s new posting location before being removed to the personal location. | |
| 4. | A removal under this section is limited to the amount the Commonwealth would have paid to move the member’s household furniture and effects to their new posting location from both of the following locations. | |
| a. | The member's residence in the losing location. | |
| b. | Any location where the member has goods in storage at Commonwealth expense. | |
| Note: Removals under this section are subject to the limits set out in Division 2, Removal of furniture and effects. | ||
| 5. | The member must pay any costs greater than the amount the Commonwealth would have paid for a removal to a personal location for employment or study. | |
| 6. | If the cost of removal to a personal location for employment or study is less than the cost of a removal to the member's new location, the member is not eligible for the difference. | |
| 2 | Subparagraph 6.5.47.4.a.i (Removal if service continues after intended date of ceasing) | ||
| Omit the subparagraph, substitute: | |||
| i. | The member was granted a compassionate removal to a personal location where benefits are provided. See: Division 3 section 6.5.19, Compassionate removal to a personal location where benefits are provided | ||
| 3 | Section 8.3.17 (Dependants move for compassionate reasons), table item 5 | ||
| Omit "limited". | |||
| 4 | Section 8.3.17 (Dependants move for compassionate reasons), table item 6 | ||
| Omit "in some circumstances". | |||
| 5 | Section 8.3.18 (Dependants move for employment or study) | ||
| Omit the section, substitute: | |||
8.3.18 Dependants move for employment or study – summary
| The following table applies if all of the following conditions apply. | ||
| a. | The CDF approves a member’s spouse or partner to move to undertake specified employment or study in a personal location. | |
| See: Chapter 6 Part 5 Division 3 section 6.5.19A, Removal to a personal location for employment or study | ||
| b. | The dependants then move to the personal location approved for the spouse or partner. | |
| c. | The move meets either of the following conditions. | |
| i. | It is within a period of three months before or after the member's posting to a new location | |
| ii. | It is within the extended period approved by the CDF under subsection 6.5.19A.2. | |
| d. | The member is posted to their posting location for duty for six months or more. | |
| Related Information: | ||
| Notes: |
Item Effects Reference 1. Change in category
The member is categorised as a member with dependants (unaccompanied).Categorisation:
Division 1 subsection 8.3.6.6, Member who may be classified as a member with dependants (unaccompanied)
2. Benefits
The member gets reunion travel.Reunion travel:
Chapter 9 Part 3 Division 4, Reunion travel for members3. The member gets housing assistance at the posting location, plus separation, food and utilities allowances where applicable. The member is not required to make a housing contribution for their own accommodation.
A member who lives in is not eligible for food allowance. A member who lives in is entitled to meals provided by the Commonwealth in service messes only.
Utilities allowances are not paid to a member who lives in.
Housing: Chapter 7:
Part 4, Living-in accommodation
Part 6, Service residencesPart 8, Rent allowance
Separation allowance: DFRT Determination No. 11 of 2013, ADF allowances, Division B.3, published at Chapter 4 Part 2 Part B Division B.3
Food allowance: Chapter 7 Part 9 Division 2 section 7.9.16, Member not eligible for allowance
Utilities allowance: Chapter 7 Part 10 section 7.10.3, Member sections 7.10.4 and 7.10.5 apply to
4. Housing assistance may be provided for dependants at the personal location. The member is required to make a contribution.
Housing assistance for dependants is not provided to a member with a suitable own home in the personal location.
Housing: Chapter 7:
Part 1 Division 1 section 7.1.6, Eligibility for housing assistance
Part 6, Service residences
Part 6 Division 8 section 7.6.41, Contribution for Service residence or rent band choice home
Part 8, Rent allowance5. The dependants may be given a limited removal to the personal location. Removal: Chapter 6 Part 5 Division 3 section 6.5.19A, Removal to a personal location for employment or study 6. Removal assistance for the dependants to rejoin the member is provided in some circumstances. Removal: Chapter 6 Part 5 Division 3 section 6.5.22, Removal of dependants from personal location to current posting location
Schedule 2—Puckapunyal housing trial – amendment
Defence Determination 2016/19, Conditions of service
| 1 | Subsection 1.3.55.2 (Posting location – within Australia) | ||
| After subsection 1.3.55.2, insert: | |||
| 3. | The CDF may approve an area greater than the area described in paragraph 1.a for a member if both of the following criteria are met. | ||
| a. | The member is posted to the Puckapunyal Military Area. | ||
| b. | The member is participating in the Puckapunyal housing trial. | ||
| See: Chapter 7 Part 1 Division 3 section 7.1.16A, Puckapunyal housing trial member | |||
| 4. | When making a decision under subsection 3 the CDF must be satisfied the following criteria are met. | ||
| a. | The member's daily attendance for duty would not be affected by any additional travel. | ||
| b. | The member commutes daily to their normal place of duty. | ||
| c. | The extended posting location is for one of the following reasons. | ||
| i. | The extended posting location is necessary for the member's spouse or partner to undertake specified employment. Note: Employment does not include home based employment. | ||
| ii. | The extended posting location is necessary for the member's spouse or partner to undertake a specified period of study. Note: Study is for face-to-face study. | ||
| iii. | The extended posting location is necessary to access professional services for dependants with special needs. | ||
| d. | The member has provided written evidence of the reason under paragraph c. | ||
| 2 | Paragraph 6.5.5.d (Member not eligible for a removal) | ||
| After the paragraph, insert: | |||
| e. | The member is part of the Puckapunyal housing trial and either of the following occurs. See: Chapter 7 Part 1 Division 3 section 7.1.16A, Puckapunyal housing trial member | ||
| i. | The member is in the Puckapunyal posting location and their posting location has been extended under subsection 1.3.55.3. See: Chapter 1 Part 3 Division 1 section 1.3.55, Posting location – within Australia | ||
| ii. | The member ceases to participate in the Puckapunyal housing trial and the member elects to relocate within the Puckapunyal posting location. | ||
| 3 | Section 7.1.15 (Posting location), table item 11 |
| After the table item, insert: |
12. participating in the Puckapunyal housing trial, described in section 7.1.16A is posted to Puckapunyal Military Area and has their posting location extended by CDF under subsection 1.3.55.3 Seymour.
| 4 | Section 7.1.16 (Sydney/Holsworthy housing scheme member) |
| After the section, insert: |
7.1.16A Puckapunyal housing trial member
| 1. | This section applies to a member who is posted to the Puckapunyal Military Area between 11 January 2018 and 31 December 2020. | |
| 2. | A member may apply for an extension of the posting location for the Puckapunyal housing trial under subsection 1.3.55.3 for either of the following reasons. See: Chapter 1 Part 3 Division 1 section 1.3.55, Posting location – within Australia | |
| a. | To enable the member's spouse or partner to undertake specified employment or study. Note: Specified employment does not include home based employment. | |
| b. | To enable the member to access professional services for a dependant with special needs. | |
| 3. | A member who has their posting location extended under subsection 1.3.55.3 is eligible for a Service residence or rent allowance in the extended posting location. See: | |
| 4. | If the member's participation in the housing trial ceases and the member elects to relocate to the posting location, the member is eligible for housing assistance within the Puckapunyal posting location. | |
| 5 | Subparagraph 7.6.4.1.b.i (Suitable Service residence), Note | |
| Omit the note, substitute: | ||
| Notes: See: Part 1 Division 3 | ||
| 6 | Subsection 7.6.28.1 (Member with dependants eligible for a Service residence) | |
| After the subsection, insert: | ||
| 1A. | A member with dependants, who is taking part in the Puckapunyal housing trial, may be eligible for a surplus Service residence in the extended posting location if they do not own a suitable home in the extended posting location. See: Part 1 Division 3 section 7.1.16A, Puckapunyal housing trial member | |
| 7 | Subsection 7.6.34.2 (Reasons for rejecting a reasonable offer) | |
| After the subsection, insert: | ||
| f. | If a member is participating in the Puckapunyal housing trial and the home is unsuitable for a member’s spouse or partner to undertake specific employment or study. | |
| 8 | Subsection 7.8.5.1 (Member eligible and period of eligibility) | |
| After the subsection, insert: | ||
| 1A. | A member who is participating in the Puckapunyal housing trial may be eligible for rent allowance under subsection 1 for accommodation in the extended posting location. Note: If a member has rental accommodation in the extended posting location, and they do not receive rent allowance for the accommodation, see section 7.8.5A. See: Part 1 Division 3 section 7.1.16A, Puckapunyal housing trial member | |
| 9 | Section 7.8.5 (Member eligible and period of eligibility) | |
| After the section, insert: | ||
7.8.5A Puckapunyal housing trial
| 1. | This section applies to a member who meets all of the following conditions. | ||
| a. | The member is posted to the Puckapunyal Military Area. | ||
| b. | The member is participating in the Puckapunyal housing trial under section 7.1.16A. | ||
| c. | The member has rental accommodation within the extended posting location. | ||
| d. | The member is not receiving rent allowance for the accommodation specified under paragraph c. | ||
| Note: Members that are already posted to Puckapunyal Military Area that opt in to the trial under subsection 7.1.16A will need to reapply for an extended posting location for the purposes of the Puckapunyal housing trial. | |||
| 2. | The member is eligible for rent allowance for the rental accommodation for the following period. | ||
| a. | Commencing on the day that the extension of the posting location is approved by CDF under subsection 1.3.55.3. | ||
| b. | Ending on the earliest of the following. | ||
| i. | The end of the member's posting. | ||
| ii. | The day the member leaves the rental accommodation. | ||
10 | Section 7.8.9 (Rent ceilings – member with dependants) |
| After the section, insert: |
7.8.9A Rent ceilings – Puckapunyal housing trial
| 1. | This section applies to a member who meets all of the following conditions. | |
| a. | The member is posted to the Puckapunyal Military Area. | |
| b. | The member is participating in the Puckapunyal housing trial under section 7.1.16A. | |
| 2. | The rent ceiling that applies to the member is based on the rent ceiling in Seymour for a three bedroom home, at the rate relevant to the member's rank group. See: Annex 7.E Part 1.1, Rent ceilings | |
| 3. | The member is not eligible for an increase in the rent ceiling in the extended posting location unless approved by the CDF under section 7.8.12. See: Section 7.8.12, CDF may increase rent ceiling | |
| 11 | Section 7.8.17 (Contribution for rented home) | |
| After the section, insert: | ||
7.8.17A Puckapunyal housing trial
| 1. | This section applies to a member who meets all of the following conditions. | ||
| a. | The member is posted to the Puckapunyal Military Area. | ||
| b. | The member is participating in the Puckapunyal housing trial under section 7.1.16A. | ||
| c. | The member has rental accommodation within the extended posting location before the extended posting location is approved. | ||
| d. | The member is not receiving rent allowance for the accommodation specified under paragraph c. | ||
| 2. | The fortnightly contribution rate the member must pay is the amount set out for their rank group and circumstances under Annex 7.D Part 1. | ||
| a. | Commencing on the day that the extension of the posting location is approved under subsection 1.3.55.3. | ||
| b. | Ending on the earlier of the following dates. | ||
| i. | At the end of the member's posting. | ||
| ii. | The day the member leaves the rental property. | ||
| 3. | If the member leaves the Puckapunyal housing trial before the end of their posting and elects to move within the Puckapunyal posting location, the member may be eligible for rent allowance for the remainder of the posting. | ||
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