Defence Determination, Conditions of Service Amendment (Sale of own home in posting location and own means travel) Determination 2019 (No. 5) (Cth)

Defence Determination, Conditions of Service Amendment (Sale of own home in posting location and own means travel) Determination 2019 (No. 5)

I, DEREK JULIAN COX, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated   21 January 2019

D J COX

Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

Contents

1......... Name............................................................................................................................... 2

2......... Commencement............................................................................................................... 2

3......... Authority......................................................................................................................... 2

4......... Schedules......................................................................................................................... 2

Schedule 1—Sale of own home in posting location   3

Defence Determination 2016/19, Conditions of service  

Schedule 2—Own means travel   4

Defence Determination 2016/19, Conditions of service  

1  Name

This instrument is Defence Determination, Conditions of Service Amendment (Sale of own home in posting location and own means travel) Determination 2019 (No. 5).

2  Commencement

This instrument commences on 24 January 2019.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Sale of own home in posting location

Defence Determination 2016/19, Conditions of service

1	Section 7.2.12 (CDF may decide a member's home is unsuitable)
Omit the section, insert:

7.2.12   A member's home is not suitable

A member’s home is not a suitable own home in any of the following circumstances.
a.	The CDF is satisfied that the home does not have enough bedrooms for the member and dependants.
b.	The member or a dependant has medical needs that the home cannot meet and the CDF is satisfied that it is not reasonably practicable to modify the home to meet the medical needs.
c.	The member's marriage or partnership has broken down and all these conditions are met.
i.	The member's spouse or partner lives in the home.
ii.	The member is unable to live in the home.
iii.	The member is not receiving rent for the home from their spouse or partner.
d.	All of the following apply.
i.	A qualified person has certified the home as uninhabitable, or recommended it not be lived in.
ii.	The member or their dependants are likely to suffer a serious injury or illness if they remain in the home.
iii.	The member or their dependants will not benefit from an insurance policy or compensation scheme intended to assist the member with replacement housing or remedy a problem.
iv.	The CDF is satisfied that the reason the home has been certified as uninhabitable, or recommended it should not be lived in, is not due to the failure of the member to take reasonable steps to prevent the home from becoming uninhabitable or a qualified person recommending the home not be lived in.
e.	Seven days before the settlement of the contract for the sale of a suitable own home.
f.	Both of the following apply.
i.	The member commenced action to sell the home before the member arrived in the posting location.
ii.	The CDF is satisfied that the member continues to take reasonable steps to sell the home.

Schedule 2—Own means travel

Defence Determination 2016/19, Conditions of service

1	Section 9.1.6 (Travel by own means)
Omit the section, substitute:

9.1.6    Travel by own means

1.	If a member has been approved to travel by their own means, the member is eligible for the lesser of the following amounts.
a.	The normal departmental liability.
b.	The actual cost of travel.
2.	For paragraph 1.b, if a part of the travel is by a vehicle, the actual cost of travel for that part of the travel is calculated in accordance with Chapter 9 Part 6 Division 5, Vehicle allowance amounts and limits.