Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2) (Cth)

Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2)

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

Dated 12 February 2019

F L McSPEERIN

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

Contents

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

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

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

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

Schedule 1—Amendments   3

Defence (State of Emergency - Townsville floods) Determination 2019 (No. 1)   3

1  Name

This instrument is Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2).

2  Commencement

This instrument commences on the day after registration.

3  Authority

This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1)

1	Section 5 (Definitions), definition of Decision maker
Omit the definition, substitute:
Decision maker means any of the following.
a.	In relation to a member of the Navy and their dependants, the Director Navy People Policy and Governance, the Director Navy Employment Conditions, and the Commanding Officer HMAS Cairns.
b.	In relation to a member in the Army and their dependants, the Director Personnel Policy – Army, the Staff Officer Grade 1 Financial Personnel Policy, the Officer Commanding Army Personnel Administration Centre North Queensland, and the Second in Charge Army Personnel Administration Centre North Queensland.
c.	In relation to a member of the Air Force and their dependants, the Senior ADF Officer, RAAF Base Townsville; the Executive Officer/Air Base Executive Officer 27 Squadron; and Administration Officer 27 Squadron.
2	Section 5 (Definitions), definition of member
Insert after the definition for Member:
Member choice accommodation means the type of accommodation provided under Part 7 of Chapter 7 of the Defence Determination.
3	Subsection 11.4 (Accommodation)
Omit “three”, substitute “twelve”.
4	Subsection 18.2 (Rent allowance)
Omit the subsection, substitute:
2.	A member is eligible for an additional rent allowance that is equal to the member's contribution as set under section 7.8.17 of the Defence Determination.
5	Section 20 (Rejoining dependants)
After the section, insert:

21        Travel for care-givers

1.	The purpose of this section is to provide travel benefits to a member to enable a nominated person to travel to Townsville to provide care and supervision of one or more of the member’s dependants who are either children or an adult with special needs.
2.	The member is eligible for one of the following travel costs for a nominated person to travel from the nominate person’s place of residence in Australia to Townsville and back.
a.	Return economy flights.
b.	Vehicle allowance, as calculated under section 9.6.25 of the Defence Determination.
3.	If the member’s nominated person travels by car and the actual distance travelled is greater than the allowable travel time, as defined in section 9.6.7 (definition of allowable travel time) of the Defence Determination, the member is eligible for the costs of accommodation up to the amount specified in Annex 9.5.A of the Defence Determination that applies to their rank and location for each night of accommodation required by the member’s nominated person.
Note: No benefit is provided under this section for accommodation in Townsville.

22        Member choice accommodation

1.	A member with dependants who has been displaced from their accommodation as a result of flood waters or associated damage is eligible to occupy member choice accommodation in Townsville.
2.	A member who occupies member choice accommodation under subsection 1 is not required to pay a contribution.

23        Removal and storage

1.	This section applies to either of the following.
a.	A member without dependants or a member with dependants (unaccompanied) who occupies member choice accommodation in Townsville, and on request chooses to vacate that accommodation to live in living-in accommodation.
b.	A member with dependants who has been displaced from a Service residence or own home as a result of flood waters or associated damage.
2.	A member is eligible for a removal of furniture and effects to the following.
a.	Furniture and effects that can be accommodated in their new place of residence — from that accommodation to their new place of residence.
b.	Furniture and effects that cannot be accommodated in their new place of residence — from that accommodation to an approved store.
3.	If subsection 1 applies to a member and the member was eligible for storage of furniture and effects under section 7.7.9 of the Defence Determination while they occupied member choice accommodation, to avoid doubt, the member is eligible for the continued storage of their storage and effects.

24        Travel costs not otherwise payable

1.	A commanding officer in the member’s chain of command or a decision maker may approve payment of the reasonable costs of travel and related expenses for a person in any of the following classes who would not otherwise be eligible for a benefit under this determination or the Defence Determination.
a.	A member, including a member of the Reserves and a former member.
b.	An applicant for appointment or engagement as a member, in respect of attendance at an enlistment centre or attendance for interview or examination.
c.	A family member of a member.
2.	For the purpose of subsection 1, the commanding officer or decision maker must consider these matters.
a.	Any relevant Accountable Authority Instructions made under the Public Governance, Performance and Accountability Act 2013.
b.	Any other relevant matter.