Defence Determination, Conditions of service Amendment (Motor vehicle removals) Determination 2022 (No. 3) (Cth)

Defence Determination, Conditions of service Amendment (Motor vehicle removals) Determination 2022 (No. 3)

I, COLONEL KIRK LLOYD, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 1 February 2022

Colonel Kirk Lloyd

Acting 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—Removals and vehicle allowance amendments  2

Defence Determination 2016/19, Conditions of service  2

Schedule 2—Consequential amendments  13

Defence Determination 2016/19, Conditions of service  13

1  Name

This instrument is the Defence Determination, Conditions of service Amendment (Motor vehicle removals) Determination 2022 (No. 3).

2  Commencement

This instrument commences on 4 April 2022.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Defence Determination 2016/19, Conditions of service

1	Section 6.2.5 (Private vehicles – amount of reimbursement)
After the section, insert:

Part 3: Travel for removal purposes in Australia

6.3.1    Purpose

This Division provides members with travel benefits to assist with the uplift and unpack of their furniture and effects in connection with a removal under Chapter 6 Part 5 to return to the member’s old posting location to accompany their dependants to their posting location.

6.3.2    Member this Part applies to

This Part applies to a member who is eligible for a removal under Chapter 6 Part 5.

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 posting location and their old posting location if all of the following apply.

a.

The purpose of returning to the old posting location is any of the following.

i.

To supervise the uplift of furniture and effects at their old posting location.

ii.

To accompany their dependants to the member’s posting location.

b.

The member has commenced duty in their posting location before their removal from their old posting location commences.

Notes:

1. A member may only receive this benefit once for each removal.

2. A member may be eligible for flights under section 9.2.10.

6.3.4    Unpack travel benefits

A member is eligible for vehicle allowance calculated under section 9.6.25 for return travel between their posting location and their new posting location if all of the following apply.

a.

The purpose of the travel is to arrange accommodation and to supervise the unpacking of furniture and effects.

b.

The member’s removal is to be delivered to their home in their new posting location before they begin duty in the location.

Notes:

1. A member may only receive this benefit once for each removal.

2. A member may be eligible for flights under section 9.2.11.

2

Section 6.5.87 (Limits on removals following death of a member)

After the section, insert:

Part 5A: Vehicle removals and travel

Division 1: General provisions

6.5A.1    Purpose

This Part provides members and their dependants with the removal and storage of their private vehicles and travel when they change posting locations or go on deployment.

6.5A.2    Definitions

In this Part the following apply.
Recreation or hobby vehicle has the meaning given in section 6.5A.3.
Towable item includes, but is not limited to, the following that is registered in the member’s or their dependant‘s name and is capable of being towed by the member’s vehicle.
a.	A caravan.
b.	A trailer.
c.	A recreation or hobby vehicle.

6.5A.3    Recreation or hobby vehicle

1.	A vehicle is a recreation or hobby vehicle if the CDF is satisfied, having considered the following, that the vehicle is used as a recreation or hobby vehicle.
a.	If the member bought the vehicle to use it for recreational purposes.
b.	If the member is a member of relevant clubs and associations.
c.	If a recreation or hobby vehicle under restoration can be moved as a single unit.
d.	If the member has an active interest in restoring the vehicle as indicated by these factors.
i.	The make and model of the vehicle.
ii.	The date of acquisition.
iii.	The vehicle’s state of restoration.
iv.	The time the member has spent restoring the vehicle.
v.	The expected completion date of restoration of the vehicle.
vi.	The final cost of restoration.
vii.	Whether the member owns special tools or equipment bought solely for restoration.
2.	A recreation or hobby vehicle includes its trailer (if applicable) if all the following apply.
a.	They must be moveable as a single unit.
b.	They must be capable of being freighted by the normal commercial means for freighting motor vehicles and similar items.
Note: The vehicle and its trailer are transported as 1 item.

6.5A.4    Member this Part applies to

This Part applies to a member who is eligible for a removal under Chapter 6 Part 5.

6.5A.5    Measurement of distances

For the purpose of this Part, a distance is the number of kilometres to be travelled by the most direct and practicable route.

Division 2: Vehicle removal assistance

6.5A.6    Purpose

This Division assists members and their dependants to move between posting locations. This may be either by driving their own vehicle or travelling by another mode of transport and having the vehicle transported by freight. Whether the vehicle is transported or driven is the choice of the member, but there may be implications on their benefits.

6.5A.7    Vehicle this Division does not apply to

This Division does not apply for a vehicle to which any of the following apply.

a.

The vehicle is not owned by the member or a dependant.

b.

The vehicle is not registered.

c.

The vehicle is not roadworthy.

d.

The vehicle is a recreation or hobby vehicle.

Note: Benefits for the removal of recreation or hobby vehicles are provided in Division 3.

6.5A.8    Vehicle removal assistance – general

1.	A member is eligible for vehicle removal assistance for up to 2 vehicles if any of the following apply.
a.	If the member is eligible for vehicle removal assistance for a vehicle being driven under section 6.5A.9.
b.	If the member is eligible for vehicle removal assistance for a vehicle being transported under section 6.5A.10.
2.	A member is eligible for vehicle removal assistance for an additional vehicle if all the following apply.
a.	The member or their dependant own a vehicle that is registered and roadworthy.
b.	The member flies to their next posting location.
c.	The removal occurs during the COVID-19 pandemic.

6.5A.9    Vehicle removal assistance for a vehicle being driven

A member is eligible for vehicle removal assistance for a vehicle being driven if all of the following apply.
a.	The member or a member’s dependant drives the vehicle.
b.	The person driving the vehicle is licensed to drive the vehicle.

6.5A.10    Vehicle removal assistance for a vehicle being transported

A member is eligible for vehicle removal assistance for a vehicle being transported if any of the following apply.
a.	Neither the member nor their dependant is able to drive the vehicle due to competency, illness or under law.
b.	The vehicle may be damaged if driven because of the road conditions or route to be taken.
c.	The journey includes a sea crossing.
d.	The member and their dependant travel to the destination in one vehicle.
e.	If one vehicle is being driven and none of the following are able to drive the other vehicle.
i.	The member.
ii.	A dependant of the member.
f.	The member flies to their next posting location during the COVID-19 pandemic.

6.5A.11    Rate of vehicle removal assistance

1.	Subject to section 6.5A.12, vehicle removal assistance for a vehicle being driven is the sum of the following.
a.	Vehicle allowance payable for the vehicle.
b.	Travel allowances payable under Chapter 9 Part 5 Division 4 for the member and dependants travelling in the vehicle.
Note: A member may be eligible for vehicle removal assistance for a vehicle being driven.
2.	Subject to section 6.5A.12, vehicle removal assistance for a vehicle being transported is the sum of the following.
a.	The cost of transporting the vehicle.
b.	Travel allowances payable under Chapter 9 Part 5 Division 4 for the member and dependants not travelling in the vehicle.
Note: A member may also be eligible for flights under Chapter 9 Part 2 Division 4 for themself and their dependants.
3.	For the purpose of paragraph 1.a, vehicle allowance for a vehicle is one of the following.
a.	For first vehicle, the amount payable under section 9.6.25 and 9.6.26.
b.	For the second vehicle, the amount payable under section 9.6.25.

6.5A.12    Limits on vehicle removal assistance

1.	If a vehicle is to be driven, and the distance is more than the allowable distance, vehicle removal assistance must not be more than the sum of the following.
a.	The cost of transporting the vehicle.
b.	All of the following that would have been payable for each person travelling in the car.
i.	Travel allowances payable under Chapter 9 Part 5 Division 4 that would have been payable had they flown.
ii.	The value of the normal departmental liability for flights between the airports they would have flown from and to had they flown.
2.	If a vehicle is to be transported and the distance is less than the allowable distance, vehicle removal assistance must not be more than the sum of the following.
a.	Vehicle allowance that would have been payable for the vehicle.
b.	Travel allowances payable under Chapter 9 Part 5 Division 4 for each person that would have travelled in a vehicle had it been driven.
3.	For the purpose of paragraph 2.a, vehicle allowance for a vehicle being transported is one of the following.
a.	For first vehicle, the amount payable under section 9.6.25 and 9.6.26.
b.	For the second vehicle, the amount payable under section 9.6.25.
4.	In this section, allowable distance means one of the following.
a.	If the vehicle is a car or a truck — 1,288 km.
b.	If the vehicle is a motor bike (with or without a sidecar) — 483 km.
c.	If the vehicle is a motor scooter — 322 km.

6.5A.13    Additional vehicle removal assistance – collection and delivery of transported vehicles

1.	A member is eligible to be reimbursed the cost for delivering a vehicle to the transport agency’s depot, or collecting the vehicle from the transport agency’s depot if all of the following apply.
a.	The member must arrange for the vehicle to be delivered to or picked up from the agency’s depot.
b.	The CDF is satisfied the cost is reasonable.
2.	The costs for delivering or collecting a vehicle include, but are not limited to, the following.
a.	Drainage of fuel tanks.
b.	Unavoidable storage charges.
c.	Fares for the most economical means to and from the depot.

6.5A.14   Additional vehicle removal assistance – delayed delivery of vehicles

1.	This section applies to a member who meets the following.
a.	They are eligible for a removal of a vehicle under section 6.5A.8.2.
b.	The member has arrived in their next posting location.
c.	The vehicles being removed have been delayed from being delivered to the member.
2.	The member is eligible for the hire of one vehicle that is reasonable for them and their dependant for one of the following periods.
a.	If they are not required to isolate — from the day they arrived in the member’s next posting location until the day their vehicle is delivered.
b.	If they are required to isolate — from the day they leave isolation until the day their vehicle is delivered.

Division 3: Removals of towable items

6.5A.15    Purpose

This Division provides members with benefits to tow, or have towed, certain items as a part of their removal.

6.5A.16    Removal of towable items

1.

Subject to subsection 2, a member is eligible for removal benefits for up to 2 towable items on each posting.

2.

Only 1 of the towable vehicles can be a recreation or hobby vehicle.

3.

Removal benefits for a towable item are one of the following.

a.

If the towable item is transported — transportation of the towable item.

b.

If the towable item is towed by a vehicle the member is receiving vehicle allowance for — additional travel time.

Note: Member is eligible for vehicle allowance for the vehicle being driven under Division 2.

4.

If a member with dependants has a partner who is also a member, the member and their partner combined are only eligible for the removal of 2 towable items on each posting occasion.

6.5A.17    Removal of towable items during the COVID-19 pandemic

1.

This section applies to a member who meets the following.

a.

They are eligible for a removal of a towable item under section 6.5A.16.

b.

They fly to their next posting location.

c.

The removal occurs during the COVID-19 pandemic.

2.

In addition to section 6.5A.16, a member is eligible for the freight of a towable item the member would have towed had they driven.

Note: The member does not have to receive vehicle allowance for the vehicle towing the towable item.

6.5A.18    Transportation of a towable item

1.

For the purpose of paragraph 6.5A.16.3.b, a member is eligible to have a towable item transported if one of the following applies.

a.

The vehicle the member uses to tow the item is being transported under section 6.5A.10.

b.

The member would be eligible to have their private vehicle transported by freight under section 6.5A.10, but decides not to do so.

2.

If a member owns two towable items and is to tow one, the benefit is for the transportation of the towable item that costs less to transport.

Note: The transportation may be over all or part of the removal journey.

Division 4: Storage of vehicles

6.5A.19    Storage of vehicles and towable items on deployment

1.	This section applies to a member who meets all of the following.
a.	They are categorised as any of the following.
i.	A member without dependants.
ii.	A member with dependants (unaccompanied).
b.	They are deployed for six months or longer.
c.	They meet any of the following conditions.
i.	They choose to vacate their accommodation.
ii.	The CDF decides that a member must vacate the living-in accommodation they occupy.
2.	The member is eligible for storage of a vehicle and towable item for the duration of the deployment unless one of the following apply.
a.	If the vehicle or towable item can be stored on base.
b.	If the member has claimed loss on sale for a vehicle or towable item under section 6.2.4.
3.	If the member’s vehicle or towable is not stored in any of the following places, the member is eligible for vehicle allowance from the member’s accommodation to the place where the vehicle is to be stored.
a.	A commercial storage facility under paragraph 2.b.
b.	On a base (or establishment).
4.	For the purpose of subsection 3, vehicle allowance is the lesser of the following.
a.	The amount of vehicle allowance calculated under section 9.6.25.
b.	The cost of storing the vehicle for the length of the deployment in a storage facility approved by Defence Housing Australia.

6.5A.20   Storage of vehicles during isolation periods

1.	This section applies to a member who meets the following.
a.	They are eligible for a removal of a vehicle under subsection 6.5A.8.2.
b.	The member has arrived in their new posting location.
c.	The member is unable to take possession of the vehicles due to a requirement to isolate.
2.	The member is eligible for the storage of the vehicle until the last day of the requirement to isolate.
3	Section 9.5.48 (Confirming actual travel costs)
After the section, insert:

Division 4: Travel allowance on removal

9.5.49    Member this Division applies to

This Division applies to a member who is eligible for the removal under Chapter 6 Part 5.

9.5.50    Definitions

In this Division, the following apply.

Person means the member or their dependant.

Travel allowance has the meaning given in section 9.5.51

9.5.51    Travel allowance on removal

Travel allowance means the sum of any of the following components that the member is eligible for.
a.	Accommodation.
b.	Meals on removal.
c.	Incidentals on removal.
d.	Door-to-door costs on removal.
Note: The total travel allowance on removal may be reduced by section 6.5A.12.

9.5.52    Measurement of distances

For the purpose of this Division, a distance is the number of kilometres to be travelled by the most direct and practicable route.

9.5.53    Accommodation on removal

1.	A member is eligible for the accommodation component of travel allowance for a person for each night requiring an overnight stay in the allowable travel time if all the following apply.
a.	The person is travelling in connection with the member’s removal.
b.	The person is travelling in a vehicle for which vehicle allowance is payable.
c.	If the member were to drive a vehicle, the distance to be driven is equal to or greater than one of the following.
i.	If the vehicle is towing an item — 360 km.
ii.	If the vehicle is not towing an item — 480 km.
2.	The rate of travel allowance for accommodation is the sum of the following.
a.	For the member and every third person thereafter, one of the following rates.
i.	If the member holds a rank of Brigadier or higher — the rate in column B of item 12 of the table in Part 1 of Annex 9.5.A.
ii.	If the member holds a rank of Colonel or lower — the rate in column C of item 12 of the table in Part 1 of Annex 9.5.A.
b.	For every other person who is 6 years old or older — 20 % of the rate payable for the member under paragraph a.
c.	For every other person who is younger than 6 years old — 10 % of the rate payable for the member under paragraph a.
Note: A person is not generally expected to occupy a room with more than 2 other people.

9.5.54    Meals on removal

1.	A member is eligible for the meals component of travel allowance if all of the following apply.
a.	The person is travelling in connection with the member’s removal.
b.	A person is travelling over a meal period.
c.	One of the following applies.
i.	The person does not drive or is not a passenger in a vehicle and the meal is being provided by a carrier at an additional cost.
ii.	The person drives a vehicle not towing an item and the distance to be driven is 480 km or greater.
iii.	If the person drives a vehicle towing an item and, the distance to be driven is 360 km or greater.
2.	A member is not eligible for the meals component of travel allowance for a meal which they have received another benefit for under this Determination.
3.	The rate of travel allowance for meals is the sum of the following.
a.	For every person who is 10 years old or older — the following rate specified in item 2 of the table in Part 4 of Annex 9.5.A.
i.	For breakfast the amount in column B.
ii.	For lunch the amount in column C.
iii.	For dinner the amount in column D.
b.	For every person who is less than 10 years old — 50% of the rate payable in paragraph a.

9.5.55    Incidentals on removal

1.	A member is eligible for the incidentals component of travel allowance for each day of allowable travel time in connection with their removal under Chapter 6 Part 5 if the member were to drive a vehicle and the distance to be driven is equal to or greater than one of the following.
a.	If the vehicle is towing an item — 360 km.
b.	If the vehicle is not towing an item — 480 km.
2.	The rate of the travel allowance for incidentals is the rate specified in column C of item 2 of the table in Part 4 of Annex 9.5.A.

9.5.56    Door-to-door travel on removal

A member is eligible for the door-to-door travel component of travel allowance for a person if all of the following apply.
a.	The person is travelling in connection with the member’s removal.
b.	A person is flying.
Note: Door-to-door travel is defined in section 9.1.12.

Schedule 2—Consequential amendments

Defence Determination 2016/19, Conditions of service

1	Chapter 6 Part 5 Division 5 (Vehicle removal)
Omit the Division.
2	Paragraph 6.5.53.2.b (Member with dependants (unaccompanied))
Omit the paragraph.
3	Subsection 6.5.54.1 (Member without dependants), table
Omit item 6, substitute:

6. a.  is deployed for six months or longer, and b.  one of the following:      i.   they choose to vacate their accommodation.      ii. they are directed to vacate their living-in accommodation. storage of their furniture and effects until the member is rehoused after the deployment.

4	Subsection 6.5.79.5 (Removal of vehicles)
Omit “6.5.44”, substitute “6.5A.13”.
5	Section 9.0.3 (Definitions), table
After the entry for “Air travel for travel on duty”, insert:

Allowable travel time

Is worked out on the basis of the actual distance in kilometres for the shortest practicable route, divided by one of the following.

a.      If the member is towing a towable item — 360.

b.     If a member or their dependant has a special need — the number of kilometres the CDF believes the person with special needs can travel in a day.

c.      In all other cases — 480.

6	Annex 9.5.A Part 1 (Accommodation rates), table
Omit the table, substitute:

Item	Column A Location	Column B Brigadier or higher ($)	Column C Colonel or lower ($)
1.	Adelaide	178.00	134.00
2.	Brisbane	200.00	150.00
3.	Canberra	223.00	167.00
4.	Darwin (April to November)	270.00	202.00
5.	Darwin (December to March)	145.00	108.00
6.	Hobart	164.00	123.00
7.	Melbourne	193.00	145.00
8.	Perth	192.00	144.00
9.	Sydney	264.00	198.00
10.	High-cost country centres	See Part 2	See Part 2
11.	Medium-cost country centres (see Part 3)	154.00	129.00
12.	Other country centres	142.00	118.00

7	Annex 9.5.A Part 4 (Meals and incidentals), table
Omit the table, substitute:

Item	Column A Location	Column B Breakfast ($)	Column C Lunch ($)	Column D Dinner ($)	Column E Incidentals ($)
1.	Capital cities and high-cost country centres	29.20	32.85	56.00	20.60
2.	Medium-cost country centres and other country centres	26.15	29.85	51.50	20.60

8	Section 9.6.5 (Member this Part applies to), item 2
Omit “Division 3 section 9.6.15”, substitute “Chapter 6 Part 5A”.
9	Section 9.6.7 (Definitions), table
Omit entry for “allowable travel time”.
10	Chapter 9 Part 6 Division 3 (Authorised travel of removal)
Omit the Division.
11	Subsection 14.3.16.4 (Removal of vehicle of return to Australia)
Omit the subsection, substitute:
4.	A member is eligible for a removal of up to 2 vehicles on return to Australia under Chapter 6 Part 5A Division 2.
5.	For the purpose of subsection 4, if paragraphs 6.5A.7.b and 6.5A.7.c are not met, the vehicle may be transported if the member provides a written statement that the vehicle is safe to drive.