Defence Determination, Conditions of service amendment Determination 2020 (No. 10) (Cth)

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Defence Determination, Conditions of service Amendment Determination 2020 (No. 10)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 28 April 2020

F L McSPEERIN

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 amendments 3

Defence Determination 2016/19, Conditions of service 3

Schedule 2—Dependants with special needs amendments 7

Defence Determination 2016/19, Conditions of service 7

Schedule 3—Overseas allowances (New Caledonia) amendments 8

Defence Determination 2016/19, Conditions of service 8

1 Name

This instrument is the Defence Determination, Conditions of service amendment Determination 2020 (No. 10).

2 Commencement

This instrument commences the day after registration.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Defence Determination 2016/19, Conditions of service

1	Section 6.5.46 (Removal on ceasing continuous full-time service)
Omit the section, substitute:

6.5.46 Removal on ceasing continuous full-time service

1.	This section applies to a member who is eligible for a removal on ceasing continuous full-time service.
2.	In this section ‘subsidised accommodation' means any of the following.
a.	A Service residence. Note: Section 1.3.73 defines a Service residence.
b.	Living-in accommodation.
c.	Accommodation for which rent allowance is payable.
3.	A member in a situation in an item in column A of the following table is eligible for a removal between the following locations, subject to the conditions and limits in column D of the same item.
a.	From the location in column B of the same item.
b.	To the location in column C of same item.

Item
Column A

Member situation

Column B

Pick-up location

Column C

Drop-off location

Column D

Conditions and limitations

1.

The member is to relocate from subsidised accommodation to another home in the same location.

The subsidised accommodation.

A home within the same location as the subsidised accommodation.

Note: The member’s belongings may be removed to storage and then to their home under section 6.5.60.

The member must have occupied subsidised accommodation immediately before ceasing continuous full-time service.

2.

The member is to relocate to a location within Australia that is not in the posting location they last received a removal.

The posting location the member last received a removal to.

A location in Australia chosen by the member.

Note: The member’s belongings may be removed to ~~storage~~ and then to their home under section 6.5.60.

The location cannot be within the same posting location the member last received a removal to unless they meet the condition in table item 1.

3.

The member is to relocate overseas.

The posting location the member last received a removal to.

The Australian capital city that is the nearest port of exit to the overseas location the member has chosen to live.

The items must be received by the member’s overseas removal agent.

4.

The member is a member of the Reserves on continuous full-time service, appointed or enlisted in Australia.

The posting location the member last received a removal to.

A location chosen by the member subject to the limit in column C.

The maximum benefit payable is the lesser of the following.

a.

The cost of the removal.

b.

The cost of a removal to the location the member lived immediately before they began continuous full-time service.

5.

The member is a member of the Reserves on continuous full-time service, and was appointed or enlisted from an overseas country.

The posting location the member last received a removal to.

A location chosen by the member subject to the limit in column C.

The maximum benefit payable is the lesser of the following.

a.

The cost of the removal.

b.

The cost of a removal to the member's overseas removal agent at the member's port of entry to Australia.

4.	A member in a situation in an item in column A of the following table is eligible for a removal to be provided at a time in column B of the same item and subject to the conditions in column C of the same item.

Item
Column A

Member situation

Column B

Time of removal

Column C

Conditions

1.

The member requests to be removed before ceasing continuous full-time service and table item 2 does not apply.

Any time during the final 12 months of the member's continuous full-time service.

The member must have received a discharge authority.

2.

The member requests to be removed before ceasing continuous full-time service for compassionate reasons.

Any time before ceasing continuous full-time service.

The CDF has approved a removal after being satisfied at least one of the following apply.

a.  The removal is required as a result of a dependant’s illness that is confirmed by a medical practitioner.

b.  Suitable accommodation is not available in the member’s current posting location.

c.  Suitable secondary or higher education for the member’s child is not available in their current posting location.

d. There are other exceptional reasons that require the member to move.

Note: The member must provide relevant documents to the CDF.

3.

The member has ceased continuous full-time service.

Up to 24 months from the day of ceasing or a later day the CDF considers is reasonable.

The CDF must consider the member’s circumstances when deciding to extend the period under column B.

2	Subsection 6.5.60.4 (Storage on ceasing continuous full-time service)
Omit the subsection, substitute:
4.	Subject to subsection 5, a member is eligible for items to be removed from the Commonwealth removalist's store to the member's residence up until one of the following.
a.	If the CDF has extended the member's eligibility for a removal under subsection 6.5.46.4 table item 3 — the day the extended period ends.
b.	If paragraph a does not apply — the day 24 months after the member ceases continuous full-time service.

3	Subsection 6.5.60.5 (Storage on ceasing continuous full-time service)
Omit the subsection, substitute:
5.	A member is not eligible for the removal of stored items under subsection 4 if any of the following apply.
a.	The member's items are removed to storage at the location the member has nominated to live at and the member decides to live at a different location.
b.	Both the following apply.
i.	The member does not occupy a type of subsidised accommodation under subsection 6.5.46.2.
ii.	The member is relocating to a home within the Australian posting location they last received a removal to.

Schedule 2—Dependants with special needs amendments

Defence Determination 2016/19, Conditions of service

1	Paragraph 1.3.84.1.b (Dependant with special needs)
Omit the paragraph, substitute:
b.	Director Community Engagement.
c.	Manager Community Support Programs.
2	Paragraph 8.6.9.1.b (Assistance with respite, personal care or therapy services)
Omit the paragraph, substitute:
b.	Director Community Engagement.
c.	Manager Community Support Programs.

Schedule 3—Overseas allowances (New Caledonia) amendments

Defence Determination 2016/19, Conditions of service

1	Annex 12.3.B (Post index locations), table item
Insert after table item 29:

29A.

NEW CALEDONIA

Noumea

2	Annex 15.6.A (Benchmark schools), table
Insert after item 20 in the table:

20A.

New Caledonia

James Cook International School

James Cook International School

James Cook International School

3	Annex 16.B (Hardship location conditions of service – member posted on or after 1 July 2017), table
Insert after item 35 in the table:

35A.

New Caledonia

24

Capital city (1)

Sydney (1)

8

Regional centre only

C

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Defence Determination, Conditions of service amendment Determination 2020 (No. 10) (Cth)

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Item	Column A Member situation	Column B Pick-up location	Column C Drop-off location	Column D Conditions and limitations
1.	The member is to relocate from subsidised accommodation to another home in the same location.	The subsidised accommodation.	A home within the same location as the subsidised accommodation. Note: The member’s belongings may be removed to storage and then to their home under section 6.5.60.	The member must have occupied subsidised accommodation immediately before ceasing continuous full-time service.
2.	The member is to relocate to a location within Australia that is not in the posting location they last received a removal.	The posting location the member last received a removal to.	A location in Australia chosen by the member. Note: The member’s belongings may be removed to ~~storage~~ and then to their home under section 6.5.60.	The location cannot be within the same posting location the member last received a removal to unless they meet the condition in table item 1.
3.	The member is to relocate overseas.	The posting location the member last received a removal to.	The Australian capital city that is the nearest port of exit to the overseas location the member has chosen to live.	The items must be received by the member’s overseas removal agent.
4.	The member is a member of the Reserves on continuous full-time service, appointed or enlisted in Australia.	The posting location the member last received a removal to.	A location chosen by the member subject to the limit in column C.	The maximum benefit payable is the lesser of the following.
				a.	The cost of the removal.
				b.	The cost of a removal to the location the member lived immediately before they began continuous full-time service.
5.	The member is a member of the Reserves on continuous full-time service, and was appointed or enlisted from an overseas country.	The posting location the member last received a removal to.	A location chosen by the member subject to the limit in column C.	The maximum benefit payable is the lesser of the following.
				a.	The cost of the removal.
				b.	The cost of a removal to the member's overseas removal agent at the member's port of entry to Australia.

Item	Column A Member situation	Column B Time of removal	Column C Conditions
1.	The member requests to be removed before ceasing continuous full-time service and table item 2 does not apply.	Any time during the final 12 months of the member's continuous full-time service.	The member must have received a discharge authority.
2.	The member requests to be removed before ceasing continuous full-time service for compassionate reasons.	Any time before ceasing continuous full-time service.	The CDF has approved a removal after being satisfied at least one of the following apply. a. The removal is required as a result of a dependant’s illness that is confirmed by a medical practitioner. b. Suitable accommodation is not available in the member’s current posting location. c. Suitable secondary or higher education for the member’s child is not available in their current posting location. d. There are other exceptional reasons that require the member to move. Note: The member must provide relevant documents to the CDF.
3.	The member has ceased continuous full-time service.	Up to 24 months from the day of ceasing or a later day the CDF considers is reasonable.	The CDF must consider the member’s circumstances when deciding to extend the period under column B.