Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 5) (Cth)

Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 5)

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

Dated 22 June 2023

Fiona 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—Miscellaneous amendments  2

Defence Determination 2016/19, Conditions of service  2

Schedule 2—Transitional and savings provisions  18

1  Name

This instrument is the Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 5).

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Note: this table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Miscellaneous amendments

Defence Determination 2016/19, Conditions of service

1

Section 1.3.1

Insert

Breakdown of a relationship occurs when a person ceases to be a partner.

Note:     Subsection 1.3.36 provide the rule on when a person ceases to be a partner.

2

Section 1.3.1 (definition of loosing location)

Omit “loosing”, substitute “losing”.

3

Section 1.3.1 (definition of non-resident family)

Omit “do”.

4

Section 1.3.1 (definition of Operational area)

Omit the definition, substitute:

Operational area means any of the following.

a.

For overseas service on deployment, means the specified area in column B of the table in section 17.7.6.

b.

For overseas service other than a deployment, has the meaning given in section 6 of the Veterans’ Entitlements Act 1986.

5

Section 1.3.1 (definition of Public holiday)

Omit “5.12.10”, substitute “15.1.10”.

6

Subsection 1.3.6.3

Omit “CDF approved the member’s application changes”, substitute “member’s application was approved changes”.

7

Paragraph 1.3.7.e (table)

Before “Part 6” (wherever occurring), insert “Chapter 7”.

8

Paragraph 1.3.7.e (table)

Before “Part 7” (wherever occurring), insert “Chapter 7”.

9

Section 1.3.8

Repeal the section, substitute:

1.3.8    Service location

Service location means any of the following.
a.	If the member is on continuous full-time service, 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.
c.	If the member is on Reserve service, the location where they are expected provide capability on the day they provide reserve service.
10	After paragraph 1.3.9.b
Insert:
c.	If the member is a member on reserve service, one of the following.
i.	They are posted to a position.
ii.	The location where they are expected to provide the majority of their capability in the financial year.
11	Paragraph 1.3.10.c
Omit “1.3.10”, substitute “1.3.11”.
12	Paragraph 1.3.12.1.b
Omit “If the member”, substitute “If”.
13	Section 1.3.31
After “unaccompanied resident family”, insert “,”.
14	Subparagraph 1.3.37.1.d.iii
Repeal the subparagraph, substitute:
iii.	The inability of the person to live with the member is because of an intellectual, physical or psychiatric disability.
15	Subsection 1.3.39.1
Omit “the member and the other person”, substitute “two persons who are both at least 18 years old”.
16	Section 1.3.51
Renumber as section 1.3.42.
17	After section 1.3.51
Insert:

1.3.43 Meaning of specific words for determinations made under section 58H of the Defence Act 1903

For the purpose of a determination made under section 58H of the Defence Act 1903 the following apply.

a.

A dependant of a member means a person who is resident family of the member.

b.

A member with dependants (unaccompanied) means a member who has unaccompanied resident family.

18

Section 2.3.4

Omit “by the CDF”.

19

Section 3.2.13 (table item 1)

Omit “normal place of duty”, substitute “service location”.

20

Paragraph 3.3.6.4.b

Omit “receive”, substitute “receives”.

21

Paragraph 3.3.10.a

Omit “Medical”, substitute “Military”.

22

Paragraph 3.3.10.d

Repeal the paragraph, substitute:

d.

The member has been given a notice for the purpose of termination under one of the following and a decision on that notice has not been made.

i.

Section 101 of the Act.

ii.

Section 24 of the Defence Regulation.

23

Paragraph 3.3.14.a

After “specified position”, insert “or specified role”.

24

Paragraph 3.3.19.2.a

Repeal the paragraph, substitute:

a.

If the member has chosen to receive the bonus amount in 1 payment — from the first payday after the member has made a valid acceptance of the valid offer.

25

Subparagraph 3.3.19.2.b.i

Repeal the paragraph, substitute:

i.

The first payment, being 50% of the bonus amount — from the first payday after the member has made a valid acceptance of the valid offer.

26

Subsection 3.3.19.3

After “2 payments”, insert “and”.

27

Subsection 3.3.20.3

After “2 payments”, insert “and”.

28

Subparagraph 3.3.21.1.d.ii

Omit “transfers”, substitute “transfer”.

29

Paragraph 3.3.21.1.f

Omit “discharge”, substitute “dismissed”.

30

Paragraph 3.3.22.1.b

Omit “transfers”, substitute “transfer”.

31

Paragraph 3.3.22.1.f

Omit “discharge”, substitute “dismissed”.

32

Subsection 4.4.14.4

Repeal the subsection, substitute:

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.

33

Section 4.5.6

Omit “normal place of duty” (wherever occurring), substitute “service location”.

34

Section 5.8.2

Repeal the section.

35

Section 5.11.23 (heading)

Omit “a”.

36

Subsection 5.13.4.2

Omit “not”, substitute “no”.

37

Section 6.1A.2 (definition of breakdown of relationship)

Omit the definition.

38

Paragraph 6.5.26.1.b

Repeal the paragraph, substitute:

b.

They have a posting order that would require them to move outside of their current housing benefit location.

39

Subsection 6.5.26.2

After “furniture and effects” (wherever occurring), insert “to their next housing benefit location”.

40

Subsection 6.5.26.4

Omit “the location specified in the member’s new posting order”, substitute “their next housing benefit location”.

41

Subsection 6.5.26.4

Omit “their new housing benefit location”, substitute “the location specified in the member’s next posting order.

Note:     If the outcome is less than $0, the member is not eligible to receive the amount”.

42

Subsection 6.5.46.3 (table item 6)

Repeal the table item, substitute:

6. The member has unaccompanied resident family and no accompanied resident family and is to relocate  from subsidised accommodation to the family benefit location of their unaccompanied resident family The housing benefit location they last received a removal to. The family benefit location of their unaccompanied resident family. The removal must occur before their unaccompanied resident family are removed to a location under paragraph 6.5.46A.1.b.

43	Section 6.5.46A (heading)
Omit “with dependants (unaccompanied)”, substitute “who have unaccompanied resident family”.
44	Subsection 6.5.46A.1
Repeal the subsection, substitute:
1.	This section applies to a member who has unaccompanied resident family and no accompanied resident family.
1A.	The member is eligible for an additional removal in accordance with the following.
a.	If the member receives a removal under subsection 6.5.46.3 table item 1, 2, 3, 4 or 5 — the member is eligible for a removal for their unaccompanied resident family between the following locations.
i.	The unaccompanied resident family’s family benefit location.
ii.	The location the member received their removal to under subsection 6.5.46.3.
b.	If the member receives a removal under subsection 6.5.46.3 table item 6 — the member is eligible for a removal for themselves and their unaccompanied resident family from the unaccompanied resident family’s family benefit location to one of the following.
i.	If the member and their unaccompanied resident family are to relocate overseas — the Australian capital city that is the nearest port of exit to the overseas location the member has nominated to live following ceasing continuous full-time service.
ii.	The location in Australia the member has nominated to live following ceasing continuous full-time service.
c.	If the member is not eligible for a removal under subsection 6.5.46.3 — the member is eligible for a removal for their unaccompanied resident family from the unaccompanied resident family’s family benefit location to one of the following.
i.	If the member and their unaccompanied resident family are to relocate overseas — the Australian capital city that is the nearest port of exit to the overseas location the member has nominated to live following ceasing continuous full-time service.
ii.	The location in Australia the member has nominated to live following ceasing continuous full-time service.
45	Subparagraph 6.5.53.1.c.ii
Omit “CDF decides that a”.
46	Paragraph 6.5.60.4.a
Repeal the paragraph, substitute:
a.	If the member's eligibility for a removal under subsection 6.5.46.4 table item 3 has been extended — the day the extended period ends.
47	Division 10 of Part 5 to Chapter 6 (heading)
Omit “non-Service person on breakdown of marriage or partnership”, substitute “non-Service partner on breakdown of relationship”.
48	Subsection 6.5.80.2
Omit “relationship breakdown”, substitute “breakdown of a relationship”.
49	Subsection 6.5.85.2 (second occurring)
Omit "2. If the member", substitute "2A. If the member".
50	Paragraph 6.5A.8.2.b
Omit "There member", substitute "The member".
51	Subsection 7.1.22.2
Omit “spouse”, substitute “partner”.
52	Section 7.2.12
Before “A member’s home”, insert “1.”.
53	Paragraph 7.2.12.c
Repeal the paragraph, substitute:
c.	The member's relationship has broken down and all of the following apply.
i.	The member's partner lives in the home.
ii.	The member is unable to live in the home because of subparagraph i.
ii.	The member is not receiving rent for the home from their partner.
54	At the end of section 7.2.12
Add:
2.	In this section, partner includes a former partner.
55	Subsection 7.5.16.2
Omit “the CDF makes a decision under section 7.5.7”, substitute “the day the decision under section 7.5.7 is made”.
56	Section 7.5.17 (table item 10, column A)
Omit “not the”, substitute “not”.
57	Subsection 7.6.33.4
Repeal the subsection, substitute:
4.	To continue to be eligible for housing assistance, the member must either accept a reasonable offer or reject it in writing for a reason in section 7.6.34.
58	Section 7.6.53 (note 2)
Omit “7.6.41.3”, substitute “7.6.41.2”.
59	Subsection 7.6.59.5
Omit “marriage or partnership”, substitute “relationship”.
60	Subsection 7.7.14.2 (table items 4 and 5, column A)
Omit “meets”, substitute “meet”.
61	Section 7.8.13
Omit “7.8.12.2”, substitute “7.8.12.1”.
62	Paragraph 8.4.21.1A.b
Omit “dependant”, substitute “resident family”.
63	Section 8.9.1
Omit “recognised”, substitute “resident”.
64	Division 2 of Part 3 to Chapter 9 (heading)
Omit “marriage or partnership”, substitute “relationship”.
65	Section 9.3.15
Repeal the section and substitute:

9.3.15    Purpose

This Division provides travel benefits for a non-Service partner following the breakdown of their relationship with a member posted to a location within Australia.
66	Section 9.3.16
Repeal the section.
67	Subsection 9.3.18.1
Omit “of relationship”, substitute “of a relationship”.
68	Subsection 9.3.18.3
Omit “marriage breakdown”, substitute “the breakdown of a relationship”.
69	Paragraph 9.3.33H.2.b
Omit “dependants”, substitute “resident family”.
70	Section 9.3.64
Repeal the section, substitute:

9.3.64    Definitions

The following terms are defined for the purposes of this Division.
Approved period has the meaning given in section 9.3.68.
Approved visitor has the meaning given in section 9.3.67.
Hospital includes any of the following.
a.	Military health care facility.
b.	Public or private hospital.
c.	Psychiatric facility.
Medical authority means a person who is a qualified medical practitioner responsible for determining the medical condition of a member.
71	Section 9.4.25
Repeal the section, substitute:

9.4.25    Definitions

The following terms are defined for the purposes of this Division.

Close family member means any of the following.

a.

The member’s child, parent, grandparent, brother or sister.

b.

The child, parent, grandparent, brother or sister of the member’s partner.

c.

The member's partner who lives outside the remote location.

Transfer, in relation to the transfer of a benefit, includes the transfer of any of the following.

a.

Eligibility for transportation benefits.

b.

Eligibility for the member to be paid vehicle allowance for travel by another specified person in a private vehicle.

72

Section 9.5.8 (definition of normal place of duty)

Omit the definition.

73

Paragraph 9.5.22.1.a

Repeal the paragraph, substitute:

a.

They live continuously in a location for 21 days or more in one of the following circumstances.

i.

During a travel period.

Note:     The member occupies living-in accommodation or other accommodation.

ii.

They normally live out and are required to occupy living in accommodation in their housing benefit location.

74

Section 9.5.26

Repeal the section, substitute:

9.5.26    Overnight stay following a period of Reserve service

A member on Reserve service is eligible for travel benefits under the following sections if CDF is satisfied that the member should stay overnight on work health and safety grounds after completing a period of Reserve service.
a.	Section 9.5.16.
b.	Section 9.5.17.
c.	Section 9.5.20.
75	Paragraph 9.5.37.c
Repeal the paragraph, substitute:
c.	On a day they are eligible for field allowance under DFRT Determination No. 11 of 2013.
76	Paragraph 9.5.37.d
Repeal the paragraph.
77	Section 9.5.41.2 (table item 3)
Omit “at their primary service”, substitute “in their housing benefit”.
78	Section 9.5.44
Repeal the section, substitute:

9.5.44    Overnight stay following a period of Reserve service

A member on Reserve service is eligible for travelling allowance under sections 9.5.35 or 9.5.39 for an overnight stay after a period of Reserve service if CDF is satisfied that the member should stay overnight on work health and safety grounds.
79	Paragraph 9.6.13.2.b
Repeal the paragraph, substitute:
b.	The total distance travelled is more than the distance from one of the following and return by the normal means of travel.
i.	If the member is on continuous full-time service — the member’s primary service location.
ii.	If the member is providing Reserve service — the member’s service location for the day.
80	Paragraph 9.6.18.b
Omit “their primary service location”, substitute “duty”.
81	Subsection 9.6.19.1
Repeal the subsection.
1.	This section applies to a member who is required to use a private vehicle to travel between their residence and one of the following locations on a day there is a public transport stoppage.
a.	If the member is on continuous full-time service — the member’s primary service location.
b.	If the member is providing Reserve service — the member’s service location for the day.
1A.	The member is eligible for vehicle allowance for the travel between the locations if all of the following apply.
a.	The member does not normally use a private vehicle for the travel.
b.	Other means of public transport meets either of the following.
i.	Not available in the area they live in.
ii.	Available in the area they live in, but it is impractical to use them.
82	Subsection 9.6.20.1
Repeal the subsection.
1.	This section applies to a member who is recalled to duty to one of the following locations outside their normal working hours and is required to travel between their residence and one of the following locations for the purpose of the recall.
a.	If the member is on continuous full-time service — the member’s primary service location.
b.	If the member is providing Reserve service — the member’s service location for the day.
1A.	The member is eligible for vehicle allowance for the travel between the locations if any of the following apply.
a.	They are on continuous full-time service.
b.	They are on Reserve service and travel on a separate and additional journey to their service location.
83	Paragraph 12.1.1.b (notes)
Repeal the notes.
84	Section 12.3.1
Repeal the following definitions.
a.	Definition of deployment.
b.	Definition of non-warlike service.
c.	Definition of serious illness.
d.	Definition of very serious illness.
85	Paragraph 12.3.5.1.a
Omit “normally lives with the member”, substitute “is resident family of the member”.
86	Subparagraph 12.3.5.1.b.ii
Repeal the subparagraph, substitute:
ii.	The child is resident family of the member.
87	Paragraph 12.3.5.1.c
Repeal the paragraph, substitute:
c.	A person who has a recognised special need under section 1.3.6 regardless of their age.
88	Subsection 14.2.4.7
Omit “under section 1.3.84”, substitute “of the person’s special need under section 1.3.6”.
89	Section 14.2.6
Omit “a new”, substitute “their next”.
90	Paragraph 14.3.25.1.b
Omit “spouse’s”, substitute “partner’s”.
91	Subsection 14.6.5.2 (table item 1)
Omit “a new”, substitute “their next”.
92	Paragraph 15.2A.27.4.a
Omit “set out in section 1.3.39, Meal period”, substitute “as defined in section 1.3.1”.
93	Paragraph 15.5.4.2.b
Omit “section 1.3.84 as a dependant with special needs”, substitute “section 1.3.6 as having special needs”.
94	Paragraph 15.6.20.1.d
Omit “the new”, substitute “their next”.
95	Section 17.1.2
Repeal the following definitions.
a.	Definition of operational area.
b.	Definition of serious illness.
96	Subparagraph 17.4.6.1.b.iv
Omit “dependants recognised under section 1.3.83”, substitute “resident family”.
97	Amendment of listed provisions—spouse
Omit “spouse” (wherever occurring), substitute “partner” in the following provisions.
a.	Section 9.3.60 (heading)
b.	Section 9.3.79 (heading)
c.	Section 13.2.13 (heading)
d.	Section 14.3.3
e.	Subsection 15.3.16.2
98	Amendment of listed provisions—, spouse
Omit “, spouse” in the following provisions.
a.	Paragraph 9.4.30.5.a.
b.	Paragraph 9.4.31.8.b.
99	Amendment of listed provisions—spouse or
Omit “spouse or” (wherever occurring) in the following provisions.
a.	Paragraph 4.7.5.2.a
b.	Paragraph 5.11.15.2.b
c.	Subsection 5.11.18.5
d.	Paragraph 6.5.68.3.a
e.	Section 5.10.5 (heading)
f.	Section 5.10.5
g.	Subsection 6.5.66.3
h.	Section 6.5.69
i.	Subsection 7.6.59.5
j.	Subsection 8.7.3.1
k.	Subsection 8.7.9.2
l.	Paragraph 9.3.60.b
m.	Section 9.3.7 (heading)
n.	Section 9.3.7
o.	Subsection 9.3.8.1
p.	Section 9.3.18
q.	Section 9.3.19
r.	Section 9.3.20
s.	Section 9.3.21
t.	Section 9.3.22
u.	Section 9.3.23
v.	Section 9.3.40
w.	Section 9.3.49
x.	Section 9.3.79
y.	Subsection 9.4.3.2
z.	Section 9.4.37 (heading)
aa.	Section 12.3.2
ab.	Section 12.3.5
ac.	Subsection 13.2.13.1
ad.	Subsection 14.2.7.4
ae.	Section 14.3.18 (table)
af.	Paragraph 14.3.25.1.a
ag.	Subsection 14.3.25.3
ah.	Subsection 14.4.7.6
ai.	Subsection 14.4.17.3 (table)
aj.	Subsection 14.5.3.1 (exception)
ak.	Section 15.2A.3
al.	Subsection 15.2A.12.2 (note)
am.	Section 15.2A.13
an.	Subsection 15.3.12.2
ao.	Section 15.3.16 (heading)
ap.	Subsection 15.3.16.4
aq.	Section 15.3.30
ar.	Section 15.3.33
as.	Section 15.3.34
at.	Section 15.3.35
au.	Section 15.4.21
av.	Part 7 of Chapter 15 (heading)
aw.	Section 15.7.1
ax.	Section 15.7.1A
ay.	Section 15.7.2
az.	Paragraph 17.4.6.2.a.ii
100	Amendment of listed provisions—spouse’s or
Omit “spouse’s or” (wherever occurring) in the following provisions.
a.	Paragraph 9.3.85.2.b
b.	Paragraph 9.3.85.2.b
c.	Section 9.6.22
d.	Paragraph 13.2.13.2.b
e.	Section 14.3.24

Schedule 2—Transitional and savings provisions

1		Definitions
In this Schedule, the following apply.
a.	Amended Defence determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.
b.	Amending determination means Defence Determination, Conditions of service Amendment (Employment offer modernisation) Determination 2023 (No. 1) (2nd occurring).
c.	Child has the same meaning given in the amending determination.
d.	Defence determination means Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of the amending determination.
e.	Dependant, unless otherwise stated, means a person who was a dependant of a member under the Defence determination.
2		Guardians and housekeepers
1.		This section applies to a person who was a dependant under section 1.3.83.1.e of the Defence determination immediately before the commencement of the amending determination.
2.		Section 1.3.83.1.e of the Defence Determination continues to apply to the person as though it had not been repealed until the earlier of the following.
a.	The circumstances in which they were recognised as a guardian or housekeeper under the Defence Determination change.
b.	They are recognised as a guardian or housekeeper under the amended Defence Determination.
c.	30 June 2024.
3.		Despite section 1.3.37 of the amended Defence determination, the person is taken to be one of the following until subsection 2 ceases to apply to the person.
a.	If the person was a dependant of a member categorised as a member with dependants immediately before the commencement of the amending determination, the person is accompanied resident family of the member.
b.	If the person was a dependant of a member categorised as a member with dependants (unaccompanied) immediately before the commencement of the amending determination, the person is unaccompanied resident family of the member.
3		Interdependent relationships
1.		This section applies to a person who was a CDF recognised dependant under subsection 1.3.85.1 of the Defence determination immediately before the commencement of the amending determination.
2.		Section 1.3.85.1 of the Defence Determination continues to apply to the person as though it had not been repealed until the earlier of the following.
a.	The circumstances in which they were recognised as a CDF recognised dependant under the Defence Determination change.
b.	They are recognised as a recognised other person under subsection 1.3.37.1.d of the amended Defence determination.
c.	30 June 2024.
3.		Despite section 1.3.37 of the amended Defence determination, the person is taken to be one of the following until subsection 2 ceases to apply to the person.
a.	If the person was a dependant of a member categorised as a member with dependants immediately before the commencement of the amending determination, the person is accompanied resident family of the member.
b.	If all of the following apply, the person is unaccompanied resident family of the member they are a dependant of.
i.	The person was a dependant of a member categorised as a member with dependants (unaccompanied) immediately before the commencement of the amending determination.
ii.	The member they were a dependant of has at least one other unaccompanied resident family who is an adult.
4		Live-in carers
1.		This section applies to a person who was a CDF recognised dependant under subsection 1.3.85.3 of the Defence determination immediately before the commencement of the amending determination.
2.		Section 1.3.85.3 of the Defence Determination continues to apply to the person as though it had not been repealed until the earlier of the following.
a.	The circumstances in which they were recognised as a CDF recognised dependant under the Defence Determination change.
b.	They are recognised as a live-in carer, as defined in section 1.3.1 of the amended Defence determination.
c.	30 June 2024.
3.		Despite section 1.3.37 of the amended Defence determination, the person is accompanied resident family of the member until subsection 2 ceases to apply to the person.
5		Children less than 90 nights
1.		This section applies to a person who was a CDF recognised dependant under subsection 1.3.85.2 of the Defence determination immediately before the commencement of the amending determination.
2.		The person is accompanied resident family, under section 1.3.18 of the amended Defence determination, of the member they were a dependant of.
6		Non-cohabiting partner
1.		This section applies to a person who was a CDF recognised dependant under subsection 1.3.85.5 or subsection 1.3.85.5A of the Defence determination immediately before the commencement of the amending determination.
2.		The person is unaccompanied resident family, under section 1.3.26 of the amended Defence determination, of the member they were a dependant of.
7		Member with dependants
1.		This section applies to a person who was a dependant of a member categorised as member with dependants under the Defence determination immediately before the commencement of the amending determination.
2.		The dependant is the accompanied resident family of the member if any of the following apply.
a.	They are a partner of the member.
b.	They are a child of the member.
c.	They are a child of the member’s partner.
8		Member with dependants (unaccompanied)
1.		This section applies to person who was a dependant of a member categorised as member with dependants (unaccompanied) under the Defence determination immediately before the commencement of the amending determination..
2.		The dependant is the unaccompanied resident family of the member if any of the following apply.
a.	They are a partner of the member.
b.	They are a child of the member.
c.	They are a child of the member’s partner.
9		Dependant with special needs
1.		This section applies to a person who was a dependant with special needs under the Defence determination immediately before the commencement of the amending determination.
2.	The person has a recognised special need under section 1.3.6 of the amended Defence determination.
10	Former dependants
1.		This section applies if a member ceased to be eligible for a benefit in relation to the person who was a dependant on the commencement of the amending determination because the person is not one of the following under the amended Defence Determination.
a.	Accompanied resident family.
b.	Unaccompanied resident family.
c.	Recognised other person.
2.		The person who was a dependant under the Defence determination is one of the following if subsection 3 applies.
a.	If the person was a dependant of a member categorised as a member with dependants immediately before the commencement of the amending determination — accompanied resident family.
b.	If the person was a dependant of a member categorised as a member with dependants (unaccompanied) immediately before the commencement of the amending determination — unaccompanied resident family.
3.		For the purpose of subsection 2, the decision maker is satisfied of the following.
a.	The member would have continued to be eligible for benefits in relation to the person had the amending determination not commenced.
b.	Classifying the person as a type of resident family is consistent with the purpose of the amending determination
4.		Any decision made under this section ceases to have effect on 30 June 2024.
5.		In this section, decision maker means any of the following.
a.	Director General Navy People.
b.	Director Recruiting, Retention and Transitions.
c.	Deputy Director Navy Employment Conditions.
d.	Director General Army People Capability.
e.	Director People Policy – Army.
f.	Staff Officer 1 People Policy – Army.
g.	Director General Personnel – Air Force.
h.	Director Personnel Policy – Air Force.
i.	Deputy Director Service Conditions – Air Force.
j.	Assistant Secretary People Policy and Employment Conditions.