Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 1) (Cth)

Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 1)

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

Dated 5 April 2023

Fiona Louise McSpeerin

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

Contents

1 Name........................................................................................................................................ 1
2 Commencement........................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Schedules................................................................................................................................. 1

Schedule 1—Chapter 1 2

Defence Determination 2016/19, Conditions of service 2

Schedule 2—Chapter 4 30

Defence Determination 2016/19, Conditions of service 30

Schedule 3—Chapter 5 36

Defence Determination 2016/19, Conditions of service 36

Schedule 4—Chapter 6 40

Defence Determination 2016/19, Conditions of service 40

Schedule 5—Chapter 7 72

Defence Determination 2016/19, Conditions of service 72

Schedule 6—Chapter 8 136

Defence Determination 2016/19, Conditions of service 136

Schedule 7—Chapter 9 145

Defence Determination 2016/19, Conditions of service 145

Schedule 8—Chapters 10 and 11 179

Defence Determination 2016/19, Conditions of service 179

1 Name

This instrument is the Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 1).

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
The whole of this Instrument.	1 July 2023

Note: this table relates only to the provisions of this instrument as originally made.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—Chapter 1

Defence Determination 2016/19, Conditions of service

1	Subsection 1.2.2.1
Omit “Division 2” wherever occurring, substitute “Division 3”.
2	Subsection 1.2.2.2 (example)
Repeal the example wherever occurring.
3	Subsection 1.2.3 (example)
Repeal the example.
4	Subsection 1.2.4 (example, non-examples and see note)
Repeal the example, non-examples and see note.
5	Subsection 1.2.4.1
Repeal the subsection, substitute:
1.	The definitions under Part 3 applies to each use of the term throughout Chapters 1 to 17, unless specified otherwise.
6	Chapter 1 Part 3
Repeal the Part, substitute:

Part 3: Interpretation

Division 1: Definitions – general

1.3.1 Interpretation

Accompanied resident family has the same meaning given in section 1.3.14 applies.
Adult child means a person who meets all of the following.
a.	They are between 21 years old and 25 years old.
b.	Immediately before turning 21 years old they were resident family of a member.
c.	Since turning 21 years old, they have continued to live with the member or an adult who is recognised as resident family of the member.
Act means the Defence Act 1903.
Allowance includes an allowance determined under section 58B or section 58H of the Act, unless expressly stated otherwise.
Approved form means a form approved by the Assistant Secretary People Policy and Employment Conditions by notifiable instrument.
Baggage, for service within Australia, means one of the following.
a.	Personal possessions that either accompany the member or are sent unaccompanied by public transport.
b.	For the purpose of a removal, includes furniture and effects that the member has chosen not to be carried by a contracted removalist.
Calendar month has the same meaning given in section 2B of the Acts Interpretation Act 1901.
Capital city includes the metropolitan area of a capital city of a State or Territory.
CDF means the Chief of the Defence Force. Note: The CDF may authorise another person to act on their behalf.
CDF recognised partner has the same meaning given by section 1.3.38.
Ceasing continuous full-time service includes all of the following.
a.	All forms of termination of service, such as on retirement, retrenchment, and on completing a specified period of service.
b.	The transfer of service from the Permanent Forces.
c.	Ending a period of continuous full-time service as a member of the Reserves.
Child has the same meaning given by section 1.3.35.
Close relative has the same meaning given by section 1.3.2.
Commonwealth includes a Commonwealth body, as defined in section 9 of the Corporations Act 2001.
Commonwealth removalist means Toll Transitions Pty Ltd, its subcontractors, agents or employees who provide removal services under a contract with the Commonwealth.
Compulsory residency means training in a hospital undertaken by a medical officer as a condition of entry into the medical profession. Note: It does not matter whether or not the medical officer lives in accommodation provided by the hospital.
Continuous full‑time service is service performed by a member of the Permanent Forces, or a period of by a member of the Reserves for which they are paid the annual rate of salary.
Couple means a member and their partner.
A reference to custody is a reference to civil custody in the absence of a finding of guilt under a Commonwealth law (other than the Defence Force Discipline Act 1982), a State or Territory law, or a foreign law. Note: Custody does not include military custody.
De facto relationship has the same meaning given by section 1.3.39.
Defence Regulation means the Defence Regulation 2016.
Deployment means warlike or non-warlike service overseas by a member force assigned with a United Nations’ mission or a similar force.
Detention means a punishment of detention imposed on a member who has been convicted of a Service offence under the Defence Force Discipline Act 1982.
DFRT allowance means any relevant allowances, as defined under section 58F of the Act, which is paid on a fortnightly basis.
Doctor means a health professional who is a medical practitioner, including an ADF medical officer, registered under the law of a State or Territory.
Dual entitlement means a benefit that is payable to a both member and their pertner, who is also a member in the same circumstances..
Effective date of posting means whichever is the later of the following.
a.	The commencement date as specified in the member's posting order.
b.	The date the member actually starts duty at their new primary service location.
Emergency means an event that causes, or threatens to cause, any of the following on a Defence establishment.
a.	Death of, or injury or other damage to the health of, any person.
b.	Destruction of, or damage to, any property.
c.	Disruption to essential services.
Note: This is not limited to naturally occurring events (such as earthquakes, floods or storms), but would include, for example: fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks, sieges, riots, acts of terrorism and hostilities by an enemy.
Employment means paid work that includes full-time or part-time work, casual work or self‑employment, but does not include volunteering activities.
Engine capacity – rotary engine means the displacement of the engine, or the rotor comprising the engine, according to the specifications of the engine issued by the manufacturer of the vehicle, which is any of the following figures.
a.	The displacement of the rotor that makes up the engine.
b.	The sum of the displacements of the rotors that make up the engine.
Equivalent rank has the same meaning given by section 1.3.40.
Evacuation order means an order given by the Senior ADF Officer of a Defence establishment to evacuate the establishment in response to an emergency.
Extended housing benefit location has the same meaning given by section 1.3.11.
Family benefit location has the same meaning given by section 1.3.12.
Flexible service determination is a determination made under subsection 23(2) of the Act.
Fortnightly rate, in relation to an annual rate of allowance provided under this Determination, means the amount calculated using the formula in subsection 3.2.7.3.
Gaining location means the housing benefit location in relation to a member’s primary service location.
Guardian or housekeeper means a person who is an adult the CDF is satisfied is acting as a guardian or housekeeper for a member who has a child who is resident family and any of these other conditions are met.
a.	The member has no partner.
b.	The member's partner is an invalid or has a disability.
b.	The member's partner is either a member serving at another primary service location or a non-Service partner living away from the family home.
Health professional, means any of the following.
a.	A registered medical or dental practitioner, which also includes those who provide services as a Defence member, Australian Public Service employee or otherwise under an agreement in place with Defence.
b.	Any of the following professionals authorised by the Surgeon General Australian Defence Force to perform an extended role.
i.	Nursing Officer.
ii.	Nurse Practitioner.
iii.	Advanced Medical Assistant (AMA) or Advanced Medical Technician (AMT).
iv.	Clinical Manager (CM).
Housing benefit location has the same meaning given by section 1.3.10.
Imprisonment means a punishment of imprisonment imposed on a member who has been convicted of an offence by any of the following judicial, or quasi‑judicial body as defined in section 3 of the Defence Force Discipline Act 1982.
a.	A Service tribunal.
b.	A civil court.
c.	A court of another country.
Initial minimum period of service means the period of service a member must serve following enlistment or appointment, which may result in a service obligation debt under regulation 25 of the Defence Regulation if not completed.
Isolation period, in relation or in response to a public health emergency, means the period a person is required to isolate themself. Note: An isolation period may also be known as a quarantine period.
Legal officer means an officer who is, or is eligible to be, admitted as a barrister or solicitor of the High Court or the Supreme Court of a State or Territory, but does not include an officer who is a Judge of a court with, or vested with, federal jurisdiction under section 71 of the Commonwealth Constitution or a Judge of a court with State or Territory jurisdiction.
Living-in accommodation means any of the following forms of accommodation.
a.	A barracks or similar kind of residential accommodation owned or controlled by the Commonwealth and provided primarily for the use of members who have no resident family.
b.	Those which are described in paragraph a. that a foreign government or other organisation contracted by the Commonwealth provides.
c.	Those provided by a hospital for a medical officer to occupy during a period of compulsory residency.
d.	Those provided by a seminary or theological college for a Chaplain to occupy when undertaking training at the seminary or theological college.
e.	Those provided by an educational institution for a Maritime Spiritual Wellbeing Officer to occupy when undertaking compulsory post-graduate work experience at the institution.
Live-in carer, in relation to a member, means a person the CDF is satisfied meets all of the following apply.
a.	The person provides care for the member.
b.	The member is required to have the person live with them as a part of the member's rehabilitation plan.
Living out means not occupying a living-in accommodation.
Location of residence, for service within Australia, has the same meaning given by section 1.3.13.
Long‑term posting means one of the following.
a.	For duty within Australia — a period of duty that the member's Service has directed to be for more than 6 months.
b.	For duty overseas — has the same meaning given in section 12.3.10.
Loosing location means one of the following.
a.	For a member who has accompanied resident family and no unaccompanied resident family on their first removal after joining or re-joining the Permanent Forces — the location in Australia of the current or last permanent home of the resident family when they joined or re-joined.
b.	For a member who has no resident family — the location in Australia to which they were last granted a removal.
c.	For any other member — the location in Australia they were last granted a removal for their resident family.
Meal costs include compulsory service charges and taxes, such as GST, and excludes voluntary tips and alcoholic drinks.
Meal period means 1 hour beginning at any of the following times.
a.	0700 hours for breakfast.
b.	1300 hours for lunch.
c.	1900 hours for dinner.
Medical absence means the period for which a member is granted leave under Chapter 5 Part 3 to be absent from duty for health reasons.
Member has the same meaning given under the Act. Note 1: Under section 4 of the Act, member includes an officer, sailor, soldier and airman. Under section 58A of the Act, member also includes a person who has ceased to be a member, whether by reason of death or otherwise. Note 2: Section 1.2.2 restricts the application of Chapters 1 to 17 to existing ADF members on continuous full-time service, unless a provision makes it clear that the provision applies to members on Reserve service, or former members.
Member undergoing recategorisation training has the same meaning given by section 1.3.3.
Month has the meaning given in section 2G of the Acts Interpretation Act 1901.
Non-resident family means recognised family who do are not accompanied resident family or unaccompanied resident family.
Non-Service partner is a member's partner who is not a member.
Non-warlike service means any of the following.
a.	Service in the Defence Force that is of a kind determined to be non-warlike service under section 5C of the Veterans’ Entitlements Act 1986.
b.	Service with a peacekeeping force, as published in the Gazette, as a Peacekeeping Force under section 68(1) of the Veterans’ Entitlements Act 1986.
c.	Service with the Defence Force that is of a kind determined to be non‑warlike service under section 6 of the Military Rehabilitation and Compensation Act 2004.
Nonworking period in relation to a flexible service determination, means the period that is not the member's pattern of service.
Normal departmental liability has the same meaning given by section 9.1.7.
Normal working hours for a member means the hours of duty set by their commander.
Operational area means the specified area in column B of the table in section 17.7.6.
Own home has the same meaning given by section 7.1.14.
Paid leave means a period of leave when a member is entitled to salary.
Partner has the same meaning given by section 1.3.36.
Pattern of Reserve service means the periods that a member of the Reserves has agreed with their supervisor the member would attend for duty.
Pattern of service means the hours of duty or periods of duty prescribed under a flexible service determination.
Pay grade means the pay grade for a member under DFRT Determination No. 2 of 2017, Salaries.
Pay to the Commonwealth, in relation to a debt or liability to the Commonwealth that a member incurs, means a member's obligation to pay (or repay) money to the Commonwealth.
Period of prospective service has the same meaning as in section 30(1) in Part 8 of the Military Superannuation and Benefits Act 1991, as repealed by Act No. 135 of 1991 and preserved by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005.
Posting period, for service within Australia, has the same meaning given by section 1.3.4.
Primary emergency contact, for the purpose of notifying the family of a member assigned a casualty status, means an adult who is usually in the member's family nominated as the first contact.
Primary service location has the same meaning given by section 1.3.9.
Private Proficient, in relation to salary, means a Private eligible to be paid salary as a Private Proficient.
Private vehicle means a motor vehicle registered in the name of the member or their resident family that is not a recreational or hobby vehicle.
Public holiday has the meaning given in the following.
a.	In relation to a member performing duty in Australia — section 5.12.1.
b.	In relation to a member performing duty overseas — section 5.12.10.
Public transport means transport available to the public by regular services over fixed routes.
Quarantine residence means a residence, or other form of accommodation, provided for the purpose of undertaking an isolation period (or quarantine period).
Rank, which is not an honorary rank, includes the following unless otherwise specified.
a.	For a Chaplain — division.
b.	For a Maritime Spiritual Wellbeing Officer — class.
Note: Section 1.3 40 provides for equivalent ranks.
Recognised family means any of the following
a.	A member’s partner.
b.	A child of the member or the member’s partner.
Recognised other person has the same meaning given by section 1.3.37.
Refitting port means the port where a seagoing ship or seagoing submarine refit that is not the ship's home port.
Remote location means a location listed in the following.
a.	For the purpose of ADF district allowance — Annex 4.4.A.
b.	For the purpose of additional recreation leave — Annex 5.4.A.
Removal means a removal by a Commonwealth removalist.
A person is required to isolate if one of the following apply.
a.	If the person is in Australia — under a law of any of the following.
i.	A State or Territory.
ii.	A foreign government — before leaving Australia to begin or continue a long‑term posting or short-term duty in that foreign government’s jurisdiction.
b.	If the person is, or accompanying a member, on a long-term posting overseas or short-term duty overseas — under a law of a State or Territory, or a law of a foreign government.
Note: Isolation may also be known as quarantine.
Reserve service means a period of service performed by a member of the Reserves that is not continuous full-time service.
Resident family means any of the following.
a.	Accompanied resident family.
b.	Unaccompanied resident family.
Restricted destination means any of the following.
a.	Afghanistan.
b.	Democratic People’s Republic of Korea.
c.	Iraq.
d.	South Sudan.
e.	Syria.
f.	Yemen.
g.	A country, or a part of a country, listed by the Department of Foreign Affairs and Trade with an advice level of ‘Do not travel’.
Retirement age has the same meaning as under regulation 23(4) of the Defence Regulation.
Return of service obligation, in relation to specified training, education, experience or special duties, means the period of service that a member is required to complete, which if not completed may result in a service obligation debt under regulation 25 of the Defence Regulation.
Salary means salary paid or payable under DFRT Determination No. 2 of 2017, Salaries.
Seagoing ship means any of the following.
a.	A ship or vessel in commission in the service of the Royal Australian Navy.
b.	Another ship or other vessel approved by the CDF that is under the direction of the Commonwealth or a foreign government.
Seagoing submarine means any of the following.
a.	A submarine in commission in the service of the Royal Australian Navy.
b.	Another submarine approved by the CDF that is under the direction of the Commonwealth or a foreign government.
Serious illness has the same meaning given by section 1.3.4.
Service location has the same meaning given by section 1.3.8.
Service residence means a residence provided to a member under Chapter 7 Part 6.
Ship's home port means the port from which the seagoing ship or seagoing submarine regularly operates for a period of more than 1 year.
Short‑term duty has the same meaning given in section 12.3.18.
Special needs has the same meaning given by section 1.3.6.
Suitable accommodation has the same meaning given by section 1.3.7.
Trainee means a new member of the ADF who meets all of the following.
a.	They receive salary under Schedule B.13 of the Schedule to the DFRT Determination No. 2 of 2017, Trainee salary rates.
b.	They are not a member undergoing recategorisation training.
Training commitment means an obligation under regulation 27 of the Defence Regulation for a member of the Reserves to render service for the purpose of undertaking training.
Travel card means a charge card that the Department of Defence provides to a member to pay accommodation, meal and incidental costs.
Unaccompanied resident family has the same meaning given in section 1.3.20.
Unpaid leave means any of the following.
a.	Leave without pay.
b.	Unpaid maternity leave.
c.	Unpaid parental leave.
Very serious illness means an illness or injury of such severity that life is imminently endangered.
Warlike service means service with the Defence Force that is of a kind determined under any of the following.
a.	Section 5C of the Veterans’ Entitlements Act 1986.
b.	Section 6 of the Military Rehabilitation and Compensation Act 2004.

1.3.2 Close relative

1.	Close relative of a member means any of the following people.
a.	Recognised family of a member.
b.	The member’s parent, brother, sister, child, partner.
c.	The parent or childof the member's partner.
d.	If the member's partner is also a member, recognised family of the member's partner.
e.	Any other person approved by the CDF as a close relative of any of the following people.
i.	The member.
ii.	The member’s partner.
2.	For the purpose of paragraph 1.e the CDF must consider all the following.
a.	Any kinship obligations or child-rearing practices of the member’s traditional culture.
b.	Any other relevant factor.
3.	In this section, child means a child of the member, regardless of age.

1.3.3 Member undergoing recategorisation training

Member undergoing recategorisation training means a member who meets both of the following circumstances.
a.	They commence training in a capacity listed in Schedule B.13 to DFRT Determination No. 2 of 2017, Salaries.
i.	For members on continuous full-time service — Part 1 of Schedule B.13.
ii.	For members on Reserve service — Part 2 of Schedule B.13.
b.	Immediately before the start of the training, salary was payable to the member under a schedule to DFRT Determination No. 2 of 2017, Salaries, other than Schedule B.13.
Note 1: These members are eligible for salary non-reduction under section 3.2.25. Note 2: This definition does not apply to new entrants to the ADF, who have only ever been on a trainee rate of salary under Schedule B.13 as defined in section 1.3.1.

1.3.4 Posting period

1.	For service within Australia, a member's posting period starts on the day they begin duty at a primary service location and ends on the day they finish duty there, subject to subsections 2 to 6.
Note: Posting period for a member on a long-term posting overseas is defined in section 12.3.16.
2.	The member’s duty begins on any of the following days that they arrive at the location.
a.	The Saturday, Sunday or public holiday immediately before the day they begin duty.
b.	The last day of their paid leave before the day they begin duty.
c.	The day they are granted a removal to the location, or any later day.
3.	If the member’s resident family are granted a removal to the member’s housing benefit location and arrive there before the member, the posting period starts on the day their resident family arrive.
4.	The member’s duty ends on any of the following days that they leave the location.
a.	The Saturday, Sunday or public holiday immediately before the day they finish duty.
b.	The last day of their paid leave immediately before the day they finish duty.
c.	The day they are granted a removal from the location, or any later day.
5.	If the member’s resident family are granted a removal from the housing benefit location and depart after the member, the posting period ends on the day their resident family depart.
6.	In deciding whether it is reasonable for a member's posting period to start on an earlier day or end on a later day, the CDF must consider all of the following.
a.	The circumstances of the member’s removal to or from the location.
b.	The number, age, gender and circumstances of the member’s resident family.
c.	The availability of rental accommodation at the location.
d.	Any other factor relevant to the posting.
Note: The specific provisions in other Chapters regarding the start and stop of particular benefits override this definition.

1.3.5 Serious illness

Serious illness means one of the following.

Item Seriously ill person Severity of illness or injury

1.
A member’s close relative under the following.

a.     For the purpose of compassionate leave — Chapter 5 Part 9 Division 2.

b.    For the purpose of travel for compassionate leave — Chapter 15 Part 3 Division 6.
Life endangerment.

2.
A member under the following Australians dangerously ill scheme.

a.     Within Australia — Chapter 9 Part 3 Division 9.

b.    Overseas — Chapter 17 Part 4.

Any or all of the following.
a.   Life endangerment.
b. Significant disablement.
c. Material impact on future life.

Note:     A serious illness can include a mental health condition.

1.3.6 Special needs

1.	Subject to subsection 2, special needs in relation to one of the following, means a person who the CDF is satisfied has a condition set out in column A of the following table that has been assessed or recognised by the person in column B of the same item.
a.	The member’s resident family.
b.	A person who has an interdependent relationship with the member under paragraph 1.3.37.1.d.

Item	Column A Condition	Column B Person who must assess or recognise the condition.
1.	Physical.	A specialist medical practitioner.
2.	Intellectual.
3.	Sensory.
4.	Multiple impairments.
5.	Medical condition, illness or disability.
6.	Speech or language disorders.	One of the following. a. A specialist medical practitioner. b. A paramedical practitioner.
7.	Social, emotional or behavioural.
8.	Specific learning difficulties.	One of the following. a. A specialist medical practitioner. b. A psychologist.
9.	They are academically gifted or talented and have achieved a score at or about the 95th percentile on either of the following. a. Any individual or group IQ test. b. A subscale of an individual IQ test.	A psychologist with qualification and experience in assessing children.

2.	A member must apply for recognition special needs using the approved form.
3.	A person ceases to have special needs if the circumstances on which the CDF approved the member’s application changes.
Note: A person may still be recognised as resident family or as a recognised other person if they cease to have special needs recognised.

1.3.7 Suitable accommodation

1.	Suitable accommodation means accommodation that meets all of the following.
a.	It is in the member's service location.
b.	It can accommodate the member, any resident family, and any recognised other persons.
c.	If it is not a rented home or own home — it has the rent band that applies to the member under section 7.6.13.
d.	It is available within a reasonable time.
e.	Accommodation that, in relation to the member’s situation in column A of the following table, is a type of accommodation listed in column B of the same item.

Item
Column A

Member situation

Column B

Type of accommodation

1.
They are one of the following.

a.     A member with accompanied resident family.

b.    A member who has no resident family but who has an adult child.

Any of the following.

a.   The member’s suitable own home.

b.   A suitable Service residence.

c.   A home for which rent allowance is payable.

2. The member has unaccompanied resident family.
a. For the member, any of the following.

i. Suitable living‑in accommodation.

ii. A rented home for which rent allowance is payable.

iii. A surplus Service residence.

iv.             Accommodation provided under Part 7.

v. An appointment, tied or assigned Service residence under Part 6 Division 6.

b. For the unaccompanied resident family the accommodation that was approved as suitable for them to live in at the family benefit location.

3.
The member meets all the following.

a.   They are a member with unaccompanied resident family.

b. They have unaccompanied resident family at a location that is not a family benefit location.

Any of the following.

a.   Suitable living‑in accommodation.

b. A rented home for which rent allowance is payable.

c.   A surplus Service residence.

d. Accommodation provided under Part 7.

4. A member who has no resident family.
Any of the following.

a. The member’s suitable own home.

b. Suitable living‑in accommodation.

c. A rented home for which rent allowance is payable.

d. A surplus Service residence.

e. Accommodation provided under Part 7.

f.   An appointment, tied or assigned Service residence under Part 6 Division 6.

Note: Section 7.5.2 provides a different definition of Suitable accommodation for the purpose of Chapter 7 Part 5.

Division 2: Key definitions relating to location

1.3.8 Service location

Service location, in relation to a member, including a member of the Reserves, means any of the following.
a.	The location where the member is normally expected to provide capability under any of the following.
i.	A posting order.
ii.	An alternate located work agreement.
iii.	A transition location (general) agreement.
iv.	A transition location (medical) agreement.
b.	If the member is posted to any of the following, the ship’s or submarine’s home port.
i.	A seagoing ship.
ii.	A seagoing submarine.
iii.	A flight liable to embark on a seagoing ship.

1.3.9 Primary service location

Primary service location means one of the following.
a.	If the member only has one service location, the service location.
b.	If the member has more than one service location, the location specified in any of the following agreements as the member’s primary service location.
i.	The member’s alternate located work agreement.
ii.	The member’s transition location (general) agreement.
iii.	The member’s transition location (medical) agreement.

1.3.10 Housing benefit location

Housing benefit location, in relation to a member, means the area comprising of all of the following.
a.	Any area that is within 30 km from the member’s primary service location that can be travelled by vehicle on a public road.
b.	Any area in which a member can travel by public transport in 150 minutes from the member’s primary service location and return for the purpose of commencing duty and returning home after ceasing duty.
c.	An extended housing benefit location under section 1.3.10.
d.	If a member occupies a Service residence that meets all of the following, the location of the Service residence.
i.	The Service residence is not in a location covered by paragraphs a, b, or c.
ii.	The Service residence has been provisioned for members posted to the member’s primary service location.
e.	An area approved for a member participating in one of the following trials.
i.	The Puckapunyal housing trial under section 7.1.16A.
ii.	The flexible housing trail under section 7.1.16B.
f.	An adjacent housing benefit location if the member’s partner is also a member.

1.3.11 Extended housing benefit location

Extended housing benefit location for a member means an area extending the housing benefit location described in paragraphs 1.3.10.a. and b. that meets both of the following.
a.	The extension of the housing benefit location has been requested by the member.
b.	The CDF is satisfied that the member’s attendance at their primary service location will not be adversely affected any additional travelling time to their primary service location as a consequence of extending the member’s housing benefit location

1.3.12 Family benefit location

1.	Family benefit location means any of the following that is not in the member’s housing benefit location.
a.	If a member is one of the following — the location to which their resident family received a removal under this Determination.
i.	The member has unaccompanied resident family and no accompanied resident family.
ii.	The member is posted to a seagoing ship or submarine.
iii.	The member has accompanied resident family and no unaccompanied resident family and is deployed for 6 months or longer.
b.	If the member the member was recruited from overseas and has unaccompanied resident family and no accompanied resident family — the location of the member's resident family’s first Australian home.
c.	If all of the following apply — the location the member’s resident family lives.
i.	The member has unaccompanied resident family.
ii.	Before the member had an unaccompanied resident family the member had an accompanied resident family.
iii.	The unaccompanied resident family remain in the location where they were the member’s accompanied resident family.
2.	Despite subsection 1.c, family benefit location does not include the location the member’s resident family live if all the following are met.
a.	Before the member had an unaccompanied resident family the member had an accompanied resident family.
b.	During the period the member had accompanied resident family they lived in a location (the alternate location) approved under an alternate located work agreement.
c.	Before the member’s alternate located work agreement was approved, the member’s resident family did not live in the alternate location.

1.3.13 Location of residence

Location of residence, for service within Australia, means the area comprising of all of the following.
a.	The area that is within 30 km from the member’s residence that can be travelled by vehicle on a public road.
b.	The area in which a member can travel by public transport in 150 minutes from the member’s residence and return.

Division 3: Key definitions relating to resident family

Subdivision 1: Accompanied resident family

1.3.14 Accompanied resident family

A person is accompanied resident family of a member if all of the following apply.
a.	The person meets the definition of recognised family under section 1.3.1.
b.	The member has applied for recognition of the person as accompanied resident family on the approved form.
c.	One of the following apply.
i.	The person meets the criteria for a type of accompanied resident family in Subdivision 2: Types of accompanied resident family
ii.	The person is unaccompanied resident family of a dual serving couple under Subdivision 5: Dual serving members.

1.3.15 Effect of temporary separation

A person does not ceases to be accompanied resident family of a member if they are temporarily separated from the member due to one of the following reasons.
a.	Service reasons.
b.	The member or their partner has an illness or infirmity which prevents them from living together.
c.	A circumstance in which the CDF is satisfied of the following.
i.	The reason for the temporary separation is unforeseen.
ii.	The separation is genuinely temporary.
iii.	The person intends to permanently re-join the member within a reasonable timeframe.

Subdivision 2: Types of accompanied resident family

1.3.16 Accompanied resident family – Partner

A partner of a member is accompanied resident family of a member if they meet any of the following.
a.	They live in a home with the member on a permanent basis.
b.	They are reasonably expected to live in a home with the member.

1.3.17 Accompanied resident family – Child 90+ nights

A child is accompanied resident family of a member if they are reasonably expected to live with the member for at least 90 nights in a year.

Note: If a member is on a flexible service determination, the member’s nonworking period does not affect the 90 night period when the child stays with the member in the housing benefit location.

1.3.18 Accompanied resident family – Child less than 90 nights

A child is accompanied resident family of a member if they are expected to live with the member at their housing benefit location for less than 90 nights a year and the CDF is satisfied that they are not able to meet section (Child 90+ nights) having regard to any of the following.
a.	The arrangements for the child's contact or residence with the member.
b.	The member's access to the child.
c.	The distance and transport between the child's location and the member's location.
d.	The nature and extent of the member's Service commitments.
e.	Other factors that may be relevant to the relationship of the child and the member.

1.3.19 Accompanied resident family – Child absent due to education

A child is accompanied resident family of a member if all of the following apply.
a.	The member has accompanied resident family.
b.	The child is absent from the member’s home only because they are undertaking full-time primary, secondary or undergraduate tertiary education.

Subdivision 3: Unaccompanied resident family

1.3.20 Unaccompanied resident family

1.	A person is unaccompanied resident family of a member if all of the following apply.
a.	The person meets the definition of recognised family under section 1.3.1.
b.	The member has applied for recognition of the person as unaccompanied resident family on the approved form.
c.	One of the following apply.
i.	The person meets the criteria for a type of unaccompanied resident family in Subdivision 4: Types of unaccompanied resident family.
ii.	The person is unaccompanied resident family of a dual serving couple under Subdivision 5: Dual serving members.
2.	A member is eligible for the recognition of the resident family as unaccompanied resident family if all of the following apply.
a.	The member’s resident family are children.
b.	The CDF is satisfied that there is an appropriate recognised other person to care for the children.
Note: ‘Child’ is defined in section 1.3.32.

1.3.21 When resident family cease to be unaccompanied

Resident family cease to be unaccompanied resident family of a member if any of the following apply.
a.	The resident family no longer meets the criteria for a type of unaccompanied resident family in subdivision 4 of this Division.
b.	Subdivision 5 ceases to apply.
c.	The member commences a new posting.
d.	The CDF is satisfied that the member’s resident family no longer meet the purpose of being recognised as unaccompanied.
Note: The CDF must inform the member of the decision.
Note: Nothing prevents the member from reapplying for recognition of a person as unaccompanied resident family.

Subdivision 4: Types of unaccompanied resident family

1.3.22 Unaccompanied resident family – In connection with a posting

Resident family is unaccompanied resident family if all of the following apply.
a.	The member commences a new posting.
b.	Immediately before commencing a new posting, one of the following applies.
i.	The resident family was accompanied resident family of the member.
ii.	The resident family was unaccompanied resident family.
c.	The member resides in their housing benefit location without any accompanied resident family.

1.3.23 Unaccompanied resident family – In connection with a posting to a seagoing ship or seagoing submarine

Resident family is unaccompanied resident family if all of the following apply.
a.	Immediately before becoming unaccompanied resident family, the resident family was accompanied resident family of the member.
b.	The member meets all of the following.
i.	They are posted to a seagoing ship or seagoing submarine.
ii.	They are granted a removal for their resident family to a family benefit location under section 6.5.21.
iii.	They reside in their housing benefit location without any accompanied resident family.

1.3.24 Unaccompanied resident family – Resident family moving away from the member

Resident family is unaccompanied resident family if all of the following apply.
a.	The resident family meets all of the following.
i.	Immediately before becoming unaccompanied resident family, they were accompanied resident family of the member.
ii.	They move away from the member’s housing benefit location.
b.	The member resides in their housing benefit location without any accompanied resident family.

1.3.25 Unaccompanied resident family – On return from a deployment

Resident family is unaccompanied resident family if all of the following apply.
a.	The resident family meets all of the following.
i.	Immediately before becoming unaccompanied resident family, they were accompanied resident family of the member.
ii.	During the member’s deployment, they moved to a family benefit location or another location for family support.
b.	The member meets all of the following.
i.	On return from deployment, they do not commence a new posting in Australia.
ii.	They reside in their housing benefit location without any accompanied resident family.

1.3.26 Unaccompanied resident family – Partners who don’t live together

A partner is unaccompanied resident family if all of the following apply.
a.	The CDF is satisfied that the member and their partner are not able to live together due to one of the following.
i.	Service requirements.
ii.	Court orders relating to a child of the member or of the person.
iii.	Court orders relating to the safety and welfare of a person.
iv.	Compelling reasons that prevent the member and person from living together.
b.	The member resides in their housing benefit location without any accompanied resident family.

1.3.27 Unaccompanied resident family – Recognised family in connection with recruitment from overseas

Recognised family is unaccompanied resident family if all of the following apply.
a.	The member meets all of the following.
i.	They were recruited from overseas.
ii.	They were moved to Australia at Commonwealth expense.
iii.	They reside in their housing benefit location without any accompanied resident family.
b.	The recognised family’s first home in Australia that is not in the member’s housing benefit location.

1.3.28 Unaccompanied resident family – Service or compassionate reasons

1.	Resident family is unaccompanied resident family if all of the following apply.
a.	The CDF is satisfied that there are Service or compassionate reasons to recognise them as unaccompanied resident family, having regard to the following,
i.	The health and welfare of the member and their resident family.
ii.	Any other relevant matter.
b.	The member resides in their housing benefit location without any accompanied resident family.
2.	In making a decision under subsection 1, the CDF must also specify the duration in which the decision is to apply.

1.3.29 Unaccompanied resident family – Child absent due to education

A child is unaccompanied resident family of a member if all of the following apply.
a.	The member has unaccompanied resident family.
b.	The child is absent from the member’s home only because they are undertaking full-time primary, secondary or undergraduate tertiary education.
c.	The member resides in their housing benefit location without any accompanied resident family.

Subdivision 5: Dual serving members

1.3.30 Who this subdivision applies to

This subdivision applies to a member (the first member) who meets all of the following.
a.	The member’s partner is also a member (the second member).
b.	The first member has a different primary service location and housing benefit location than the second member.

1.3.31 Dual serving member – Partner only

If the member’s (the first member) only resident family is their partner (the second member) and the first member is nominated as having unaccompanied resident family the following apply.
a.	The first member is accompanied resident family of the second member.
b.	The second member is unaccompanied resident family of the first member.

1.3.32 Dual serving member – Member lives without resident family

If one of the members does not live with any resident family (the first member) and the member’s partner lives with the resident family (the second member) the following apply.
a.	In relation to the first member, their resident family are unaccompanied resident family.
b.	In relation to the second member, their resident family are accompanied resident family.

1.3.33 Dual serving member – Members both live with resident family

If both members live with resident family and a member (the first member) is nominated as having unaccompanied resident family, the following apply.
a.	In relation to the first member, their resident family are unaccompanied resident family and they have no accompanied resident family.
b.	In relation to the member (the second member) not nominated as having unaccompanied resident family their resident family are accompanied resident family and they have no unaccompanied resident family.

1.3.34 Dual serving member – Rules relating to nomination

For the purpose of section 1.3.31 and 1.3.33, the following apply.
a.	A nomination may be made by a member or their partner.
b.	If a nomination is not made, the senior member is taken to be nominated as having unaccompanied resident family.
c.	The classification of the resident family applies regardless of who they live with.

Division 4: Key definitions relating to people

Subdivision 1: General

1.3.35 Child

A child of a member or their partner means a person who meets any of the following.
a.	A person under 21 years of age who meets one of the following.
i.	They are, or were before they turned 18 years old, a child of the member or the member’s partner for the purposes of Part 7 Division 1 Subdivision D of the Family Law Act 1975.
ii.	They are, or were before they turned 18 years old, the subject of a permanent care order issued by a court or statutory authority and placed in the member’s or the member’s partner’s care.
b.	The age limit in subsection 1 does not apply for a child who is an invalid or has a disability.

1.3.36 Partner

1.	Partner, in relation to a member, means a person who meets any of the following.
a.	They are in a registered relationship prescribed by the law of a State or Territory with the member.
b.	They are in a de facto relationship with the member.
c.	One of the following applies.
i.	They are married to the member under the Marriage Act 1961.
ii.	They are in a marriage with the member that is recognised under the Marriage Act 1961.
d.	A CDF recognised partner under section 1.3.38.
2.	A person ceases to be a partner if the CDF is satisfied that the person lives separately and apart from the member on a permanent or indefinite basis.
Note 1: Living separately and apart from the member on a permanent basis is an indication of a breakdown in the relationship. Note 2: A member and their partner may cease to be partners even if they continue to reside in the same residence or that either party provides some household services to the other.

1.3.37 Recognised other person

1.	Recognised other person, in relation to a member, means any of the following.
a.	An adult child.
b.	A live-in carer.
c.	A guardian or housekeeper.
d.	Subject to subsection 2, a person who has an interdependent relationship with the member if the CDF is satisfied the member and the person have a close personal relationship having regard to the following factors.
i.	The person has a permanent relationship with the member and provides them with a degree of emotional support.
ii.	The living arrangements of the person and if they will live with the member.
iii.	The person inability of the person to live with the member because of an intellectual, physical or psychiatric disability.
iv.	The financial support provided to the person by the member.
v.	The interdependent support and personal care provided to the member or the person.
2.	A person must not be recognised as being in an interdependent relationship under paragraph 1.d if the CDF is satisfied that any of the following circumstances apply.
a.	The person's relationship with the member is one of mere convenience.
b.	There is alternative support, care or accommodation available to the person.
c.	The person is a resident child carer living with the member's family but is not otherwise recognised family of the member.

Subdivision 2: Partners

1.3.38 CDF recognised partner

CDF recognised partner means a person who meets one of the following.
a.	They meet all of the following.
i.	The person would be able to be recognised as being in a de facto relationship with the member if they were living together.
ii.	The member and the person are not able to live together due to Service requirements only.
b.	The person would be in a de facto relationship if they lived with the member, but are unable to because of one of the following.
i.	Court orders relating to a child of the member or of the person.
ii.	Court orders relating to the safety and welfare of a person.
iii.	Compelling reasons that prevent the member and person from living together.

1.3.39 De facto relationship

1.	De facto relationship means a relationship between the member and another person that is, in the CDF’s opinion, a de facto relationship. Note: De facto relationship is defined by section 2F of the Acts Interpretation Act 1901.
2.	A member must use the approved form to apply for recognition of a de facto relationship.
3.	A de facto relationship may be recognised under subsection 1 if the partners are temporarily separated due to one of the following reasons.
a.	Service reasons.
b.	The member or their partner has an illness or infirmity which prevents them from living together.
c.	A circumstance where the CDF is satisfied of the following.
i.	The reason for the temporary separation is unforeseen.
ii.	The separation is genuinely temporary, and the CDF is satisfied that the person intends to permanently re-join the member within a reasonable timeframe.
Note: This subsection cannot apply to a relationship where the couple have never lived together.
4.	To avoid doubt, an application may be approved in relation to a period immediately preceding the application date. Note: Approval of a past period may require adjustment of allowances and benefits and this may result in recovery action, with the member or their partner having to repay benefits to Defence or other Commonwealth agencies.

Division 5: Other matters

1.3.40 Equivalent ranks and classifications

1.	A reference to an Army rank includes a reference to the equivalent of a rank in the Navy and Air Force as set out in Schedule 1 of the Act, unless specified otherwise.
2.	A reference to a rank in column A of the following table includes a Chaplain classification in column B or a Maritime Spiritual Wellbeing Officer classification in column C of the same item.

Item
Column A

Rank

Column B

Chaplain classification

Column C

Maritime Spiritual Wellbeing Officer classification

1. Captain Division 1 Class 1

2. Major Division 2 Class 2

3. Lieutenant Colonel Division 3 Class 3

4. Colonel Division 4 Class 4

5. Brigadier Division 5 Class 5

1.3.41 References to time

Time is expressed using a 24-hour clock system.

1.3.51 Meaning of dependant for the Fringe Benefits Tax Assessment Regulations 2018

For the purpose of the Fringe Benefits Tax Assessment Regulations 2018, a dependant of a member means any of the following.
a.		A person who is resident family of the member.
b.		A recognised other person.
7	Chapter 1 Part 4
Repeal the Part.
8	Subsection 1.5.2.2
Omit “dependant provides,”, substitute “recognised family or recognised other person provides”.
9	Subsection 1.5.2.2 (related information)
Repeal the related information.
10	Paragraph 1.5.2.3.b
Omit “dependants”, substitute “recognised family or recognised other person”.
11	Subsection 1.5.3.1
Omit “or their dependants”, substitute “, recognised family or a recognised other person”.
12	Subsection 1.5.3.5
Repeal the subsection, substitute:
5.	A member must fill in and provide the approved form to their Commanding Officer as soon as practicable after any of the following events.
a.		The number of people in the member’s recognised family changes or recognised other person.
b.		The member is notified of a change of service location and it is reasonable to expect that any of the following may change in the new service location.
i.	The member has accompanied resident family.
ii.	The member has unaccompanied resident family and no accompanied resident family.
iii.	The member has no recognised family or other recognised persons.
13	Section 1.6.1 (heading)
Omit “adult dependant”, substitute “partner”.
14	Paragraph 1.6.1.1.a
Omit “adult dependant”, substitute “partner”.
15	Subsection 1.6.1.3
Omit “adult dependant”, substitute “partner”.
16	Subsection 1.6.1A.2
Repeal the subsection, substitute:
2.	The member may nominate, in writing, their partner to pay contributions owed by the member if all of the following conditions are met.
a.	Their partner is also a member.
b.	Their partner has consented in writing to make the contributions on the member’s behalf.
Note 1: Their partner may revoke consent at any time. Note 2: Contributions are to be paid through the Department of Defence pay system. Note 3: If the contribution is not paid by their partner, the contribution may be recovered from the member as a debt owed to the Commonwealth.
17	Subsection 1.6.2.1
Omit “adult dependant”, substitute “partner”.
18	Paragraph 1.6.4.1.a
Omit “dependants”, substitute “recognised family”.
19	Subparagraph 1.6.4.1.b.i
Omit “dependant”, substitute “recognised family”.
20	Subsection 1.6.4.2
Repeal the subsection, substitute:
2.	The amount may be payable to more than one of the member’s recognised family if the CDF is satisfied of the losses each person suffers through the loss of the member’s earnings.
21	Subsection 1.7.4.6
Omit “dependants”, substitute “resident family”.
22	Subsection 1.7.16.4
Omit “dependants”, substitute “resident family or recognised other persons”.
23	Subsection 1.7.16.6
Omit “dependants”, substitute “resident family”.
24	Subsection 1.7.16.8
Omit “posting location”, substitute “service location”.
25	Paragraph 1.7.24.1.b
Omit “posting location”, substitute “service location”.

Schedule 2—Chapter 4

Defence Determination 2016/19, Conditions of service

1	Paragraph 4.4.5.1.a
Repeal the paragraph, substitute:
a.	Their primary service location is a remote location.
2	Subsection 4.4.7.1
Repeal the subsection, substitute:
1.	Subject to subsection 2, the member is eligible to receive ADF district allowance for one of the following periods.
a.	If the member’s primary service location is a remote location ― the following period.
i.	Starting on the later of the day the member commences duty in the location or the day the member arrives in the location.
ii.	Ending on the day before they leave the location.
b.	If the member is serving on temporary duty at a remote location for a continuous period of more than 21 days ― the following period.
i.	Starting on the day the member begins the period of temporary duty.
ii.	Ending on the day before they leave the location.
3	Subsection 4.4.9.1, table
Repeal the table, substitute:

Item
Column A

Condition

Column B

Location grade

Column C

Rate

($)

1. A member who lives in. A 1,055

B 3,010

C 3,765

D 5,275

E 6,030

2.
A member who meets all of the following.

a.    They have accompanied resident family.

b.   They live out.

c.    Item 3 paragraph a. of this table does not apply.
A 3,015

B 8,605

C 10,760

D 15,070

E 17,225

3.
Any of the following.

a. A member who has accompanied resident family who lives out and at least one of their accompanied resident family meet all of these conditions.

i.   They are an ADF member or an APS employee in Defence.

ii. They are paid ADF district allowance or district allowance under the Defence Enterprise Agreement 2017-2020 as in force on 16 August 2017.

b. A member who meets all of the following.

    i.    They have unaccompanied resident family.

    ii.    They have no accompanied resident family.

   iii.    They live out.

c. A member with no resident family who lives out.

d. A member of the Reserves who is undertaking Reserve Service and who is required to live out.
A 1,510

B 4,305

C 5,380

D 7,535

E 8,615

4	Paragraph 4.4.9.2.b
Omit “dependants”, substitute “of their resident family”.
5	Paragraph 4.4.11.1.c
After the paragraph, insert:
d.	They have an approved alternate located work agreement and they are required to attend for duty in the location to which they are posted for duty.
6	Subsection 4.4.11.2, table item 2
Omit the table item, substitute:

2. Has unaccompanied resident family who stays at the remote location for the duration of the absence. more than 30 days.

7	Subsection 4.4.11.2, table item 3
Omit the table item, substitute:

3.
meets both of the following:

a. one of the following applies:

i. they have unaccompanied resident family

ii. they have no resident family living at the remote location

b. they perform temporary duty is in another remote location
more than 30 days.

8	Section 4.4.12 (table)
Omit “dependants”, substitute “resident family”.
9	Section 4.4.14
Repeal the section, substitute.

4.4.14 Primary service location changes from one remote location to another

1.	This subsection applies if a member’s primary service location changes from one remote location to another remote location.
2.	This section does not apply to a member who meets all of the following.
a.	The member is approved an alternate located work agreement to a remote location.
b.	One of the following apply.
i.	The member's resident family join the member in the remote location.
ii.	The member's resident family already live in the remote location and the location is a location where benefits are not provided.
c.	The member’s primary service location changes, and their resident family remain in the remote location.
3.	The member is eligible for ADF district allowance at the rate for the previous primary service location until the beginning of their period at the new primary service location.
4.	Despite subsection 3, subsection 5 applies if a member meets all of the following.
a.	Their primary service location changes from one remote location to another remote location.
b.	They have unaccompanied resident family because their resident family remain in the first remote location.
a.	Their primary service location changes from one remote location to another remote location.
b.	They have unaccompanied resident family because their resident family remain in the first remote location.
5.	The member is eligible for ADF District allowance at the rate that is the greater of the following.
a.	The rate the member received at the remote location that was the member’s primary service location before they were posted.
b.	The rate the member would receive at the remote location which is their new primary service location if they were a member who had accompanied resident family at that that location.
10	Section 4.4.15
Repeal the section, substitute.

4.4.15 Primary service location changes from a remote location to non-remote location

1.	This section applies if a member meets all these conditions.
a.	The member’s primary service location changes from a remote location to another location that is not a remote location.
b.	They have unaccompanied resident family because their resident family remain in the remote location.
2.	This section does not apply to a member who meets all of the following.
a.	The member is approved an alternate located work agreement to a remote location.
b.	One of the following apply.
i.	The member's resident family join the member in the remote location.
ii.	The member's resident family already live in the remote location and the location is a location where benefits are not provided.
c.	The member’s primary service location changes, and their resident family remain in the remote location.
3.	The member is eligible for ADF district allowance for the period their resident family stay at the remote location.
11	Subsection 4.4.16.1
Omit “member with dependants”, substitute “member who has accompanied resident family and no unaccompanied resident family”.
12	Paragraph 4.4.16.2.b
Omit “for a member with dependants”, substitute “under section 4.4.9 table item 2”.
13	Subsection 4.4.16.2.c
Omit “dependants”, substitute “resident family”.
14	Subsection 4.4.19.2
Omit “dependant”, substitute “of their resident family”.
15	Paragraph 4.6.7.1.a
Omit “posting location”, substitute “service location”.
16	Subsection 4.7.4.2
Repeal the subsection, substitute:
2.	The CDF may approve the payment or reimbursement of costs for the following expenses that are directly related to the member's representational duties.
a.	The purchase of civilian clothing for the member or the member's resident family.
b.	The hire of civilian clothing for the member or the member's resident family.
c.	Laundry and dry cleaning costs.
d.	Babysitting costs for a child who is the member’s resident family if any of the following are attending a representational activity.
i.		The member and their partner.
ii.		If the member does not have a partner, the member.
17	Subsection 4.7.5.2
Omit “recognised dependants”, substitute “resident family”.
18	Paragraph 4.7.6.a
Omit “dependants”, substitute “resident family”.
19	Paragraph 4.8.6.2.a
Omit “dependant”, substitute “resident family”.
20	Section 4.8.8
Repeal the section, substitute:

4.8.8 Dual entitlement

If the trainee's partner is a member and is also eligible for the trainee's dependant allowance, the rate for each member is one of the following.
a.	If the trainee and their partner have the same rate of salary — half the difference between their individual rate and the salary of a Private in Pay Grade 1.
b.	If the trainee and their partner have different rates of salary — half the difference between the lower individual rate and the salary of a Private in Pay Grade 1.
21	Subsection 4.10.2.b
Omit “a dependant”, substitute “their resident family”.

Schedule 3—Chapter 5

Defence Determination 2016/19, Conditions of service

1	Paragraph 5.4.17.1.c (note c)
Repeal the paragraph.
2	Subsection 5.7.5.1 (note)
Omit “a recognised dependant”, substitute “recognised as resident family”.
3	Subparagraph 5.7.6A.1.b.i
Omit “a dependant of the member”, substitute “a member’s resident family”.
4	Subsection 5.7.7.1 (notes)
Omit “dependant of the member”, substitute “member’s resident family”.
5	Paragraph 5.10.4.3.g
Omit “dependants”, substitute “resident family, recognised family or recognised other persons”.
6	Paragraph 5.10.5.1.c
Repeal the paragraph, substitute:
c.	The member is granted a period of leave without pay to accompany their partner to a new housing benefit location.
7	Paragraph 5.10.6.3.a
Omit “or dependants if they”, substitute “, their resident family or recognised other persons if the member”.
8	Paragraph 5.10.6.3.c
Omit “or their dependant”, substitute “, their resident family, or their recognised other persons”.
9	Paragraph 5.11.13.b
Repeal the paragraph, substitute:
b.	Supervise a child who is recognised as resident family, recognised family or as a recognised other person and is required to isolate themself.
10	Subsection 5.11.15.1
Repeal the subsection, substitute:
1.	Subject to subsection 2, a member is eligible for a short absence from duty if they are required to supervise any of the following persons who required to complete an isolation period.
a.	A person who is the member’s resident family.
b.	A person who is a recognised other person.
11	Section 5.11.17
Repeal the section, substitute:

5.11.17 Member this Division applies to

This Division applies to a member who has a child who meets all of the following.
a.	The child is recognised as resident family.
b.	The child attends one of the following.
i.	A secondary school.
ii.	A primary school.
iii.	A pre-school.
iv.	A kindergarten.
v.	A child care provider.
12	Paragraph 5.11.18.1.a
Omit “The dependant is”, substitute “Their resident family or recognised other person are”
13	Paragraph 5.11.18.1.b
Omit “the dependant”, substitute “their resident family or recognised other person”
14	Subsection 5.11.18.2
Omit “dependant’s”, substitute “resident family’s or recognised other person’s’”
15	Subsection 5.11.18.4
Omit “the dependant”, substitute “their resident family or recognised other person”
16	Subsection 5.12.1.3
Omit “posting location”, substitute “primary service location”.
17	Section 5.13.4
Repeal the section, substitute:

5.13.4 Member recalled from housing benefit location

1.	This section applies to a member who meets all of the following.
a.	The member is on leave.
b.	The member has not left their housing benefit location.
c.	The member is recalled to duty.
2.	The member has not eligibility to recall costs.
18	Section 5.13.5.1.b
Omit “posting location”, substitute “housing benefit location”.
19	Subsection 5.13.5.2
Repeal the subsection, substitute:
2.	A member is eligible for a payment set by the CDF towards the following costs associated with the recall.
a.	For the journey from the leave location to the place of duty and return, all of the following.
i.	Transportation costs. Note: This travel is duty travel.
ii.	Meal expenses.
iii.	If an overnight break is necessary — accommodation costs.
b.	If the member is a parent, and their resident family and recognised other persons travel with the member, all of the following for the resident family and recognised other persons.
i.	Transportation costs.
ii.	Meal expenses.
iii.	If an overnight break is necessary — accommodation costs.
c.	Other holiday items that the member had paid for but was not able to benefit from due to the recall.
d.	Other unavoidable costs associated with the recall from leave.
20	Paragraph 5.13.6.1.a
Omit “posting location”, substitute “housing benefit location”.
21	Subsection 5.13.6.2
Repeal the subsection, substitute:
2.	A member is eligible for an amount set by the CDF towards the following costs associated with the recall.
a.	For the member’s return to their place of duty all of the following
i.	Additional travel costs that were not an expected or an ordinary part of the member’s return to duty.
ii.	Meal expenses.
iii.	If an overnight break is necessary — accommodation costs.
b.	If the member’s resident family and recognised other persons travel with the member, all of the following for the resident family and recognised other persons.
i.	Additional travel costs that were not an expected or an ordinary part of the member’s return to duty.
ii.	Meal expenses.
iii.	If an overnight break is necessary — accommodation costs.
c.	Other holiday items that the member had paid for but was not able to benefit from due to the recall.
d.	Other unavoidable costs associated with the recall from leave.

Schedule 4—Chapter 6

Defence Determination 2016/19, Conditions of service

1	Section 6.1A.1
Omit “dependants”, substitute “resident family and recognised other persons”.
2	Section 6.1A.2 (definition of essential household item)
Omit “or their dependants”, substitute “, their resident family or a recognised other person”.
3	Section 6.1A.2 (definition of private vehicle)
Omit “or their dependant”, substitute “, their resident family, or a recognised other person”.
4	Section 6.1A.2 (definition of towable item)
Omit “or their dependant”, substitute “, their resident family, or a recognised other person”.
5	Subparagraph 6.1.4.b.i
Repeal the subparagraph, substitute:
i.	They are a member who has unaccompanied resident family and no accompanied resident family, or a member with no resident family or recognised other persons.
6	Section 6.1.4 (note)
Omit “their adult dependant”, substitute “an adult who is recognised as resident family”.
7	Paragraph 6.1.5.d
Repeal the paragraph, substitute:
d.	They are moving to another home because the combined total of resident family and recognised other persons has changed.
e.	They meet all of the following.
i.	They are a member who has unaccompanied resident family and no accompanied resident.
ii.	They are moving to reunite with their resident family.
iii.	The location they are moving to is specified in their alternate located work agreement.
8	Subsection 6.1.6.2 (table item 1)
Omit “Member with dependants”, substitute “Member who has accompanied resident family or member with recognised other persons and no resident family”.
9	Subsection 6.1.6.2 (table item 2)
Omit “Member without dependants and member with dependants (unaccompanied)”, substitute “Member who has unaccompanied resident family or the member who has no resident family or recognised other persons”.
10	Subsection 6.1.7.2
Omit “spouse or”.
11	Subsection 6.1.7.3
Omit “and their dependants”, substitute “, their resident family and recognised other persons”.
12	Section 6.1.8
Repeal the section, substitute:

6.1.8 Resident family removed at a later date

1.	A member who is removed without their resident family is eligible for an amount equal to the amount payable to a member under section 6.1.6 table item 2.
2.	If the member’s resident family are removed to the same location as the member at a later date, the total amount payable for both removals must not be more that if they had been removed together.
13	Section 6.1.9
Repeal the section, substitute:

6.1.9 Removal on enlistment

A member who has no resident family and is granted a removal on enlistment is eligible for an amount equal to the amount payable to a member under section 6.1.6 table item 2.
14	Section 6.1.11
Omit “dependants” wherever occurring, substitute “resident family or recognised other persons”.
15	Subsection 6.1.14.1
Omit “or a dependant”, substitute “, their resident family or a recognised other person”.
16	Section 6.1.17
Omit “adult dependant” wherever occurring, i “adult who is recognised as resident family or as a recognised other person”.
17	Paragraph 6.1.17.1.a
Omit “dependant child who”, substitute “child who is resident family or a recognised other person and”.
18	Subsection 6.1.17.3
Repeal the subsection, substitute:
3.	For the purpose of paragraph 1.c, family reasons include any of the following.
a.	If any of the following are unable to help with the removal because of work commitments they cannot avoid.
i.	The member.
ii.	The member’s partner.
iii.	An adult who is resident family or a recognised other person.
b.	The member is a single parent who has no adults recognised as resident family or recognised other persons that can help with the removal.
c.	The member, their partner or an adult who is resident family or as a recognised other person is absent to care for a close family member who is ill.
Note: Claims should be supported by a medical certificate.
Note: Section 1.6.1 applies to this section and may affect the payment of assistance if a member and an adult who is recognised as resident family are both eligible for assistance with childcare costs on removal for the same period.
19	Section 6.1.19
Omit “dependant child”, substitute “child who is resident family or a recognised other person”.
20	Subparagraph 6.1.21.2.a
Omit “any dependants”, substitute “any resident family or recognised other persons”.
21	Subparagraph 6.1.21.2.f
Omit “posting locations”, substitute “housing benefit locations”.
22	Chapter 6 Part 1 Division 4
Omit “posting location” wherever occurring, substitute “housing benefit location”.
23	Chapter 6 Part 1 Division 4
Omit “or their dependant” wherever occurring, substitute “, their resident family or recognised other persons”.
24	Subsection 6.2.2.1
Repeal the subsection, substitute:
1.	A person who meets any of the following is eligible for the reimbursement of the financial loss on the sale of furniture and effects if they choose to sell the items instead of having them removed to another location in Australia.
a.	A member.
b.	A person recognised as resident family of a deceased member.
c.	A person recognised as a recognised other person of a deceased member.
25	Subsection 6.2.2.2 (note)
After “their adult dependant”, substitute “an adult who is recognised as resident family”.
26	Subparagraph 6.2.4.1.b.i
Repeal the subparagraph, substitute:
i.	They are a member who has unaccompanied resident family and no accompanied resident family, or a member with no resident family or recognised other persons.
27	Subsection 6.2.4.3 (note)
After “their adult dependant”, substitute “an adult who is recognised as resident family”.
28	Paragraph 6.2.5.5.b
Omit “and their dependants”, substitute “, their resident family or a recognised other person”.
29	Section 6.3.1
Omit “posting location” wherever occurring, substitute “housing benefit location”.
30	Section 6.3.1
Omit “dependants”, substitute “resident family and recognised other persons”.
31	Section 6.3.3
Repeal the section, substitute:

6.3.3 Uplift travel benefits

A member is eligible for vehicle allowance calculated under section 9.6.25 for the return travel between their housing benefit location and their previous housing benefit location if all of the following apply.
a.	The purpose of returning to the pervious housing benefit location is any of the following.
i.	To supervise the uplift of furniture and effects at their previous housing benefit location.
ii.	To accompany their resident family to the member’s housing benefit location.
b.	The member has commenced duty in their primary service location before their removal from their pervious housing benefit location commences.
Note 1: A member may only receive this benefit once for each removal. Note 2: A member may be eligible for flights under section 9.2.10.
32	Section 6.3.4
Omit “posting location” wherever occurring, substitute “housing benefit location”.
33	Paragraph 6.5.4.1
Omit “who is not”, insert “or their resident family who are not”.
34	Paragraph 6.5.4.1
Omit “or their dependant”, substitute “, their resident family or recognised other persons”.
35	Paragraph 6.5.4.1.a
Omit “or dependant”, substitute “, their resident family or recognised other persons”.
36	Subsection 6.5.4.2
Repeal the subsection, substitute:
2.	For the purpose of subsection 1, the Divisions are as follows.
a.	Division 4, Posting or deployments.
b.	Division 6, Removal on ceasing continuous full-time service.
c.	Division 8, When a member becomes a member who has accompanied resident family or recognised other persons
d.	Division 9, When a member ceases to be a member who has resident family or recognised other persons
e.	Division 11, Removal on death of a member.
37	Paragraph 6.5.5.1.c
Omit the paragraph, substitute:
c.	The member is posted to a new primary service location and their current home is already in their new housing benefit location, unless they are required to move to another home by their Service.
38	Paragraph 6.5.5.1.d
Omit the paragraph, substitute:
d.	Any of the following is revoked at the member’s request.
i.	Extended housing benefit location.
ii.	Alternate located work agreement.
39	Section 6.5.6
Repeal the heading, substitute:

6.5.6 When a member’s partner is resident family and a member

If a member’s partner is also a member and both have the same housing benefit location, the following apply.
a.	If the members are eligible for a removal under section 6.5.5, only one member is eligible for the removal.
Note: The removal is for the member and their resident family.
b.	If the members are posted to adjacent housing benefit locations, all benefits apply to the location they choose to establish the family home.
40	Subparagraph 6.5.8A.1.c.ii
Omit “dependant”, substitute “resident family or recognised other persons”.
41	Subsection 6.5.10A.1
Omit “or their dependant” wherever occurring, substitute “, their resident family or recognised other persons”.
42	Paragraph 6.5.10A.1.c
Omit “posting location”, substitute “housing benefit location”.
43	Subsection 6.5.10A.2
Repeal the subsection, substitute:
2.	The member is eligible for the reimbursement of one of the following if they would have moved the item themselves had they, their resident family or recognised other persons driven.
a.	The removal of the item from the member’s previous housing benefit location to the member’s housing benefit location.
b.	The storage of the item at the member’s previous housing benefit location.
44	Subsection 6.5.10A.3
Omit “posting location”, substitute “housing benefit location”.
45	Subsection 6.5.12A.1
Repeal the subsection, substitute:
1.	A person who is one of the following may be reimbursed an amount if they insure urgently required household items that are to be removed.
a.	A member.
b.	A person recognised as resident family of a deceased member.
c.	A person recognised as a recognised other person of a deceased member.
46	Paragraph 6.5.12A.2.b
Omit “or their dependant”, substitute “, their resident family or recognised other persons”.
47	Subsection 6.5.12A.3 (note)
After “their adult dependant”, substitute “an adult who is recognised as resident family”.
48	Subsection 6.5.14.1
Omit “or their dependants”, substitute “, their resident family or recognised other persons”.
49	Chapter 6 Part 5 Division 3 (heading)
Omit “personal location where benefits are provided”, substitute “family benefit location”.
50	Section 6.5.18
Repeal the section, substitute:

9.4.36 Schemes A and B – change in family circumstance

Changes to a member’s resident family has the following effects on remote location leave travel benefits.
a.	On the date of the change, all outstanding remote location leave travel benefits for the member and their resident family lapse.
b.	On the date of the change, the member and resident family (if any) do not have to repay any advances of remote location leave travel benefits.
c.	The member and resident family, if any, accrue new remote location leave travel benefits on the date of the change, as provided for under sections 9.4.26, 9.4.27 or 9.4.29.
d.	The member's and resident family’s (if any) next accrual of remote location leave travel is on the anniversary of the member's commencement in the remote location, unless section 9.4.37 applies.
184	Paragraph 9.4.37.1.a
Omit “spouse or”.
185	Paragraph 9.4.37.1.b
Omit “dependant in paragraph a.”, substitute “member’s partner”.
186	Paragraph 9.4.37.1.c
Omit “spouse or”.
187	Subsection 9.4.37.3
Omit “dependant” wherever occurring, substitute “resident family”.
188	Section 9.4.38
Repeal the section, substitute:

9.4.38 Schemes A and B – partner is a Defence APS employee

1.	This section applies to a member whose resident family meets all of the following.
b.	They have a remote location leave travel benefit that either Scheme A or Scheme B conditions apply to.
c.	They are an APS employee of the Department of Defence, who performs duty in the remote location.
d.	They are eligible for assisted leave fares allowance, as an APS employed by the Department of Defence.
2.	A member accrues one less remote location leave travel for their partner than is provided for in section 9.4.29.
189	Subsection 9.4.40.1
Omit “dependants”, substitute “resident family”.
190	Subsection 9.4.40A.1
Omit “dependants”, substitute “resident family”.
191	Subsection 9.4.40A.1
Omit “the posting location”, substitute “their housing benefit location”.
192	Paragraph 9.4.40A.2.a
Omit “member is posted to”, substitute “member’s primary service location is in”.
193	Subsection 9.4.40A.3
Repeal the subsection, substitute:
3.	If the member’s primary service location is a location other than Woomera or Tindal, the member is eligible for the lesser of the following for return travel between the housing benefit location and the closest airport.
a.	If the member or their resident family travel by private vehicle — vehicle allowance.
b.	The cost of travel by public transport for each eligible person travelling.
Note: The closest airport is the one closest by travel time to the remote location.
194	Section 9.4.41
Repeal the section, substitute:

9.4.41 Schemes A and B – resident family under the age of 18

1.	Resident family under the age of 18 may not make choices under this Division.
2.	A choice in relation to a remote location leave travel benefit for a person under the age of 18 must be made by the member.
195	Section 9.5.4
Repeal the section, substitute:

9.5.4 Member this Part applies to

1.	This Part applies to a member who is required to travel in one of these situations.
a.	On Defence business for an overnight travel period.
Note: A member on part-day travel can get limited benefits under this Part.
b.	Subject to subsection 2, when travelling to their new housing benefit location.
c.	In preparation or immediately following the end of their continuous full-time service.
2.	This Part only applies to a member who has been approved an alternate located work agreement if, under the agreement, travel would be provided to their new housing benefit location.
196	Section 9.5.8 (definition of private vehicle)
Repeal the definition, substitute:

Private vehicle

a. For travel on removal by a member, their resident family or recognised other person — a motor vehicle owned by the member, their resident family or recognised other person that is to be removed.

b. For other travel by a member — a motor vehicle they own, hire or borrow.

197	Paragraph 9.5.9.1.b
Omit “normal place of duty”, substitute “primary service location”.
198	Subsection 9.5.9.2
Omit “normal place of duty or residence” wherever occurring, substitute “housing benefit location”.
199	Subsection 9.5.9.2 (note)
Omit “normal place of duty or their residence”, substitute “housing benefit location”.
200	Subsection 9.5.10.1
Repeal the subsection, substitute:
1.	A member who meets all of the following conditions is eligible for part-day travelling allowance.
a.	The member is required to travel outside their housing benefit location on Defence business.
b.	The member holds the rank of Colonel or lower.
c.	The member is absent from their housing benefit location for 10 hours or more.
d.	The member is not absent from their housing benefit location overnight.
1A.	Despite subsection 1, a member who is eligible for part-day travelling allowance under section 13.3.15 for travel overseas is not eligible for payment under this section.
201	Section 9.5.11 (heading)
Omit “posting travel”, substitute “in connection with change in primary service location”
202	Subsection 9.5.11.1
Repeal the subsection, substitute:
1.	In this Part, a travel period for a member travelling in connection with a change in their primary service location is the period when all of the following apply to the member.
a.	The member changes from one primary service location in Australia to another.
b.	The member must travel to get to their new housing benefit location.
c.	The travel extends overnight.
203	Subsection 9.5.11.2 (table)
Omit “normal place of duty or residence” wherever occurring, substitute “housing benefit location”.
204	Subsection 9.5.11.2 (table)
Omit “posting location” wherever occurring, substitute “housing benefit location”.
205	Subsection 9.5.11.3
Omit “posting location”, substitute “housing benefit location”.
206	Subsection 9.5.12.2
Omit “For this Part”, substitute “In this section”.
207	Paragraph 9.5.12.2.a
Omit “place of duty”, substitute “primary service location”.
208	Subsection 9.5.12.3 (Column B of the table)
Omit “place of duty” wherever occurring, substitute “housing benefit location”.
209	Subsection 9.5.12.3 (Column C of table item 2)
Omit “normal place of duty or residence”, substitute “housing benefit location”.
210	Paragraph 9.5.19.g
Omit “at the member’s posting location”, substitute “in the member’s housing benefit location”.
211	Subsection 9.5.20.1
Omit “normal place of duty”, substitute “housing benefit location”.
212	Section 9.5.21
Omit “normal place of duty” wherever occurring, substitute “housing benefit location”.
213	Subsection 9.5.21.1
Omit “without dependants”, substitute “who has no resident family”.
214	Paragraph 9.5.22.2.c (note)
Omit “posting location”, substitute “primary service location”.
215	Subsection 9.5.22.4 (table)
Omit “normal place of duty”, substitute “housing benefit location”.
216	Subsection 9.5.22.5
Omit “posting location”, substitute “housing benefit location”.
217	Section 9.5.24
Repeal the section, substitute:

9.5.24 Accommodation and meals for resident family

1.	This section applies to a member who has been directed to take resident family with them on a journey for representational purposes.
2.	The member is eligible for the following for their resident family during the travel period.
a.	For accommodation — one of the following.
i.	If the member’s resident family occupies a room as the sole or first occupant — normal accommodation stock.
ii.	If the member’s resident family occupies a room on a shared basis — the member not eligible for an additional payment for the resident family’s accommodation.
b.	For meals — the sum of rates for each meal period specified for the location in Annex 9.5.A Part 4, columns B, C and D for each day.
218	Section 9.5.26
Omit “place of duty” wherever occurring, substitute “primary service location”.
219	Paragraph 9.5.33.b
Omit “on posting travel”, substitute “in connection with a change in their primary service location”.
220	Paragraph 9.5.37.g
Omit “posting location”, substitute “primary service location”.
221	Subsection 9.5.39.1
Omit “normal place of duty”, substitute “housing benefit location”.
222	Section 9.5.40
Omit “at their normal place of duty” wherever occurring, substitute “in their housing benefit location”.
223	Subsection 9.5.40.1
Omit “without dependants”, substitute “who has no resident family”.
224	Subsection 9.5.40.1.b
Omit “their normal place of duty”, substitute “their housing benefit location”.
225	Subsection 9.5.41.2 (table item 3)
Omit “posting location”, substitute “primary service location”.
226	Subsection 9.5.41.4 (table)
Omit “normal place of duty”, substitute “housing benefit location”.
227	Section 9.5.43
Repeal the section, substitute:

9.5.43 Accommodation and meals for resident family

1.	This section applies to a member who has been directed to take resident family with them on a journey for representational purposes.
2.	The member is eligible for the following for their resident family during the travel period.
a.	For accommodation — one of the following.
i.	If the member’s resident family occupies a room as the sole or first occupant — travelling allowance at the rate that applies to the member under section 9.5.35.
ii.	If the member’s resident family occupies a room on a shared basis — travelling allowance at 20% of the rate that applies to the member under section 9.5.35.
iii.	If the member’s resident family is a child under 6 years old — travelling allowance at 10% of the rate that applies to the member under section 9.5.35 for accommodation.
b.	For meals during the travel period — one of the following.
i.	For resident family under 10 years old — travelling allowance at half the rate that applies to the member under section 9.5.35 for the meals.
ii.	For any other resident family — travelling allowance at the rate that applies to the member under section 9.5.35 for the meals.
228	Subsection 9.5.44.1.a
Omit “place of duty”, substitute “primary service location”.
229	Subsection 9.5.44.1.b
Omit “at their place of duty “.
230	Subsection 9.5.44.2.a
Omit “place of duty”, substitute “service location”.
231	Subsection 9.5.44.2.b
Omit “place of duty”, substitute “location”.
232	Paragraph 9.5.47.2.d
Omit “dependants”, substitute “resident family or recognised other persons”.
233	Section 9.5.50 (definition of person)
Omit “or their dependant”, substitute “, their resident family or recognised other persons”.
234	Annex 9.5.B Part 1
Repeal the Part, substitute:

Part 1: Amounts for travel after 21 days – accommodation

This table outlines the maximum accommodation rates after 21 days.

Item If, at their primary service location, the member has… and during the travel period they are…

boarding (in a boarding house /hotel/motel with all-inclusive tariff), then their maximum benefit is… renting, then their maximum benefit is…

1. accompanied resident family and no unaccompanied resident family and living in an own home, receiving housing assistance or living-in accommodation and paying no contribution for accommodation and meals the cost of board rent plus any additional charge for utilities.

2. accompanied resident family and no unaccompanied resident family and boarding the cost of board less any reduction in boarding costs at the service location rent plus any additional charge for utilities less any reduction in boarding costs at the service location.

3. no resident family or has accompanied resident family and no unaccompanied resident family and living in (contribution for accommodation and meals) the cost of board less amount equal to appropriate contribution for accommodation and meals under Chapter 7 Parts 4 and 9. rent plus any additional charge for utilities less amount equal to appropriate contribution for rent and meals under Chapter 7 Parts 8 and 9.

235	Section 9.6.7 (definition of private vehicle)
Omit the definition, substitute:

Private vehicle

a. For travel on removal by a member, their resident family or recognised other person — a motor vehicle owned by the member, their resident family or recognised other person which is to be removed.

b. For other travel by a member — a motor vehicle they own, hire or borrow.

236	Subsection 9.6.11.3
Omit “normal place of residence” wherever occurring, substitute “residence in their housing benefit location”.
237	Paragraph 9.6.11.3.b
Omit “normal place of duty”, substitute “primary service location”.
238	Paragraph 9.6.13.2.b
Omit “normal place of duty”, substitute “primary service location”.
239	Subsection 9.6.13.3
Omit “normal place of residence and normal place of duty”, substitute “residence in their housing benefit location and primary service location”.
240	Subsection 9.6.18.b
Omit “normal place of duty”, substitute “primary service location”.
241	Subsection 9.6.19.1
Omit “normal place of residence and their normal place of duty”, substitute “residence in their housing benefit location and their primary service location”.
242	Section 9.6.20
Omit “normal place of duty” wherever occurring, substitute “primary service location”.
243	Paragraph 9.6.21.a
Omit “posting location”, substitute “housing benefit location”.
244	Subparagraph 9.6.28.b.i
Omit “dependants”, substitute “resident family, recognised other persons”
245	Subparagraph 9.7.1.1.b
After “posting”, insert “, commencing an approved alternate located work agreement”.

Schedule 8—Chapters 10 and 11

Defence Determination 2016/19, Conditions of service

1	Subparagraph 10.2.3.1.b.ii
Omit “posting location”, substitute “primary service location”.
2	Paragraph 11.2.4A.1.a
Omit “section 1.3.81”, substitute “section 1.3.35”.
3	Paragraph 11.2.4A.1.a (note)
Repeal the note.
4	Section 11.2.6
Repeal the section, substitute:

11.2.6 Damages or compensation recovered or received for the benefit of a member’s resident family

1.	A reference in this Division to SIA, ADB, compensation or damages paid or payable to a member’s resident family includes a reference to SIA, ADB, compensation or damages paid or payable to a person other than the member’s resident family for the benefit of the resident family.
2.	A reference in this Division to compensation or damages received or recovered by a member’s resident family includes a reference to compensation or damages received or recovered by a person other than the resident family for the benefit of the resident family.
5	Paragraph 11.2.14.1.c
Omit “or a dependant”, substitute “or their resident family”.
6	Subsection 11.2.14.2
Omit “dependant” wherever occurring, substitute “their resident family”.
7	Section 11.2.15
Repeal the section, substitute:

11.2.15 SIA or ADB not payable if damages are recovered

1.	This section applies if both these conditions are met.
a.	But for this section, SIA or ADB would be payable to a member or their resident family in respect of an injury suffered by the member.
b.	The member or their resident family recovered, or recovers, damages in respect of the injury.
2.	If the member or their resident family recovers damages on or after 9 February 1998, the member or their resident family, as the case requires, must notify the Secretary in writing, within 28 days after the day the damages are recovered, of the recovery of the damages and the amount of damages.
3.	If SIA or ADB was paid to the member or their resident family before the damages are recovered, the member or their resident family, as the case requires, must repay an amount equal to the amount (if any) of SIA or ADB that, when added to the amount of SRC compensation (if any) paid to the member or their resident family, does not exceed the amount of the damages.
4.	SIA or ADB is not payable to the member or their resident family after the day the member or their resident family recovered, or recovers, the damages.
5.	Subsection 3 does not apply if the damages were recovered in proceedings instituted by the member under section 45 of the SRC Act, or by way of a settlement of the proceedings.
6.	Subsection 4 does not apply if the damages were recovered in any of these ways.
a.	As a result of proceedings begun by the member after making an election under section 45 of the SRC Act.
b.	As a result of proceedings begun or taken over by the Commonwealth against a person (other than the Commonwealth, a Commonwealth authority or an employee of the Commonwealth).
c.	In a settlement of those proceedings.
7.	If a member or their resident family satisfies the Secretary that a part of the damages recovered by the member or their resident family was not in respect of death, permanent impairment or non-economic loss as a result of the injury, this section has effect in relation to that member or their resident family, as the case requires, as if the amount of the damages recovered by the member or their resident family were an amount equal to so much (if any) of the damages as was in respect of death, permanent impairment or non-economic loss as a result of the injury.
8.	In this section, damages does not include an amount of damages paid under section 76 of the Veterans’ Entitlements Act 1986.
8	Section 11.2.16
Omit “dependant” wherever occurring, substitute “their resident family”.
9	Section 11.2.17
Omit “dependant” wherever occurring, substitute “their resident family”.
10	Section 11.2.18
Omit “dependant” wherever occurring, substitute “their resident family”.
11	Subsection 11.2.22.2
Omit “dependants”, substitute “resident family”.
12	Subsection 11.3.3.1 (note)
Repeal the note.
13	Section 11.4.1
Repeal the section, substitute:

11.4.1 Purpose

The purpose of this Part is to provide assistance to a member, former member or their resident family when a death occurs.
14	Section 11.4.3
Repeal the section, substitute:

11.4.2 Dual entitlement

If a deceased member was also recognised as a member’s resident family, the conditions and benefits set out in Division 1 apply.
15	Section 11.4.5
Omit “dependant”, substitute “resident family”.
16	Paragraph 11.4.9.4.a
Omit “dependant”, substitute “resident family”.
17	Section 11.4.10A (definition of beneficiary)
Omit “A dependant”, substitute “Resident family”.
18	Paragraph 11.4.11.1A.a
Omit “A dependant”, substitute “Resident family”.
19	Paragraph 11.4.11.1A.b
Repeal the paragraph, substitute:
b.	A person accompanying the resident family if the resident family is very young, aged, have an illness or are severely distressed.
20	Chapter 11 Part 4 Division 2
Repeal the Division, substitute:

Division 2: Assistance on death of resident family in Australia

11.4.13 Purpose

The purpose of this Division is to provide financial assistance to a member when a person recognised as resident family dies.

11.4.14 Member this Division applies to

This Division applies to a member if all of the following conditions apply.
a.	The member has resident family.
b.	A person who is recognised as resident family of the member dies in Australia.
c.	The person under paragraph b is not in the location where the funeral is to take place.

11.4.15 Assistance provided when resident family dies

1.	The Director General Defence Member and Family Support may approve assistance with the following costs.
a.	The reasonable cost of the preparation of the deceased person’s remains.
b.	Reasonable transport costs of the deceased to either of the following locations.
i.	To the location in Australia where the funeral will be held.
ii.	To the nearest Australian departure point when the funeral will be held outside of Australia.
2.	Despite subparagraph 1.b.ii, no transport costs are paid if the deceased person is at the Australian departure point.
3.	The member may elect that the assistance under this section be paid to any of the following people.
a.	The deceased person's legal personal representative.
b.	The service provider.
c.	The person who paid for the preparation or transportation of the deceased person.

Item	Column A Rank	Column B Chaplain classification	Column C Maritime Spiritual Wellbeing Officer classification
1.	Captain	Division 1	Class 1
2.	Major	Division 2	Class 2
3.	Lieutenant Colonel	Division 3	Class 3
4.	Colonel	Division 4	Class 4
5.	Brigadier	Division 5	Class 5

Item	Column A Condition	Column B Location grade	Column C Rate ($)
1.	A member who lives in.	A	1,055
		B	3,010
		C	3,765
		D	5,275
		E	6,030
2.	A member who meets all of the following. a. They have accompanied resident family. b. They live out. c. Item 3 paragraph a. of this table does not apply.	A	3,015
		B	8,605
		C	10,760
		D	15,070
		E	17,225
3.	Any of the following. a. A member who has accompanied resident family who lives out and at least one of their accompanied resident family meet all of these conditions. i. They are an ADF member or an APS employee in Defence. ii. They are paid ADF district allowance or district allowance under the Defence Enterprise Agreement 2017-2020 as in force on 16 August 2017. b. A member who meets all of the following. i. They have unaccompanied resident family. ii. They have no accompanied resident family. iii. They live out. c. A member with no resident family who lives out. d. A member of the Reserves who is undertaking Reserve Service and who is required to live out.	A	1,510
		B	4,305
		C	5,380
		D	7,535
		E	8,615

Item	If, at their primary service location, the member has…	and during the travel period they are…
Item	If, at their primary service location, the member has…	boarding (in a boarding house /hotel/motel with all-inclusive tariff), then their maximum benefit is…	renting, then their maximum benefit is…
1.	accompanied resident family and no unaccompanied resident family and living in an own home, receiving housing assistance or living-in accommodation and paying no contribution for accommodation and meals	the cost of board	rent plus any additional charge for utilities.
2.	accompanied resident family and no unaccompanied resident family and boarding	the cost of board less any reduction in boarding costs at the service location	rent plus any additional charge for utilities less any reduction in boarding costs at the service location.
3.	no resident family or has accompanied resident family and no unaccompanied resident family and living in (contribution for accommodation and meals)	the cost of board less amount equal to appropriate contribution for accommodation and meals under Chapter 7 Parts 4 and 9.	rent plus any additional charge for utilities less amount equal to appropriate contribution for rent and meals under Chapter 7 Parts 8 and 9.