Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1) (Cth)
Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1)
made under section 58B of the Defence Act 1903
Compilation No. 2
Compilation date: 8 March 2019
Includes amendments up to: Defence Determination 2019 (No.3)
About this compilation
This compilation
This is a compilation of Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1), that shows the text of the law as amended and in force on 8 March 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1......... Name............................................................................................................................... 3
2......... Commencement............................................................................................................... 3
3......... Authority......................................................................................................................... 3
4......... Purpose............................................................................................................................ 3
5......... Definitions....................................................................................................................... 3
6......... Application...................................................................................................................... 4
7......... Benefits............................................................................................................................ 4
8......... Expenses.......................................................................................................................... 4
9......... Dual Benefits................................................................................................................... 4
10....... Unsuitable housing.......................................................................................................... 4
11....... Accommodation............................................................................................................... 4
12....... Temporary accommodation allowances........................................................................... 5
13....... Car hire............................................................................................................................ 5
14....... Travel............................................................................................................................... 5
15....... Relocation of animals....................................................................................................... 6
16....... Agistment of animals....................................................................................................... 6
17....... Living-in accommdation.................................................................................................. 6
18....... Rent allowance................................................................................................................. 7
19....... Furniture hire................................................................................................................... 7
20....... Rejoining dependants....................................................................................................... 7
21....... Travel for care-givers....................................................................................................... 8
22....... Member choice accommodation....................................................................................... 8
23....... Removal and storage........................................................................................................ 8
20....... Rejoining dependants....................................................................................................... 8
24....... Travel costs not otherwise payable.................................................................................. 9
1 Name
This instrument is Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1).
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 Purpose
The purpose of this Determination is to provide benefits to members of the ADF and their dependants who have been affected by, and require relief from, flooding in the affected flood area in Townsville.
5 Definitions
Affected flood area means the Townville Disaster District, as specified in the Notice of Declaration of Disaster Declaration as published in the Queensland Government Gazette Vol 380 No. 18, on 31 January 2019, signed by Hon Leeanne Enoch MP.
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.
Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.
Dependant has the same meaning as section 1.3.83 of the Defence Determination.
Living-in accommodation has the same meaning given in Chapter 1 of the Defence Determination.
Member has the same meaning as the Defence Act 1903.
Member choice accommodation means the type of accommodation provided under Part 7 of Chapter 7 of the Defence Determination.
Rent allowance means an allowance paid under Part 8 of Chapter 7 of the Defence Determination.
Service Residence has the same meaning given in Chapter 1 of the Defence Determination.
6 Application
This Determination applies to a member and their dependants who have been affected by, and require relief from, the floods in the affected flood area.
7 Benefits
The benefits provided in this Determination may be provided to the member, where possible, by way of reimbursement to the member or paid upfront by the Commonwealth to the service provider.
8 Expenses
1.If a member or their dependants incurred expenses for goods or services before the commencement of this Determination and the member would have been eligible for benefits relating to those goods or services under this Determination had it been in force, the member may be reimbursed to the costs of those goods and services.
2.The amount of the benefit provided in subsection 1 is limited by the amount of the associated benefit provided in this Determination.
9 Dual Benefits
1.A member who is eligible for or receives a benefit of a similar nature under the terms of an insurance contract, is not eligible for the benefit under this Determination.
2.If a member receives a benefit under this Determination and subsequently receives a benefit of a similar nature under the terms of an insurance contract, the member must repay the benefit received under this Determination to the Commonwealth.
10 Unsuitable housing
1.This section applies to a member or their dependants who occupied a Service residence or an own home in the affected flood area and are displaced from the Service residence or own home as a result of flood waters or associated damage.
2.For the purpose of section 7.6.4 of the Defence Determination, the Service residence is an unsuitable Service residence from 31 January 2019.
3.For the purpose of section 7.2.12 of the Defence Determination, the own home is an unsuitable own home from 31 January 2019.
4.Sections 2 and 3 continue to apply until the Service residence or own home are considered suitable for the purposes of Chapter 7 of the Defence Determination.
11 Accommodation
1.A member or their dependants is eligible to occupy temporary accommodation if, on 31 January 2019, they occupied any of the following accommodation types and have been displaced from that accommodation as a result of flood waters or associated damage.
a.A Service residence.
b.Rental accommodation for which they were receiving rent allowance.
c.Their own home.
2. Temporary accommodation provided under subsection 1 is to be located in either of the following.
a.Townsville.
b.If the member or their dependants have received a travel benefit under section 14, in the location chosen for the purpose of the travel benefit.
3. Temporary accommodation is to be a serviced apartment, or if no suitable serviced apartment is available, a hotel or motel.
4. A member or their dependants may occupy temporary accommodation provided under subsection 1 until the earlier of the following days.
a.The day the member or their dependants occupy one of the following types of accommodation either in Townsville, or in the location where they occupied temporary accommodation.
i.A Service residence.
ii.Rental accommodation for which they will receive rent allowance.
iii.Their own home.
b.The day a decision maker is satisfied that a member is not taking reasonable steps to occupy one of the accommodation types listed in paragraph a.
c.13 April 2019.
5. Despite subsection 4, a decision maker may in exceptional circumstances set a later day on which a member or their dependants can occupy temporary accommodation.
12 Temporary accommodation allowances
1. If section 11 applies, the member is eligible for an allowance calculated in accordance with section 7.5.21 of the Defence Determination.
Note: The accommodation costs element of the allowance may be paid directly to the service provider.
2. For the purpose of calculating the allowance paid under subsection 1, the member's contribution is as follows.
a.From the commencement of this Determination until the day specified in subsection 11.4 – the rate of contribution is $0.
b.From the day on which subsection 11.4 applies until the day set under subsection 11.5 – the rate of contribution is provided under section 7.5.29 of the Defence Determination.
13 Car Hire
1. If section 11 applies and a member or their dependants do not have a car available for their use at the location of the temporary accommodation, the member is eligible for the reasonable cost of the hire of a car until the earlier of the following.
a.The day the member or their dependants no longer occupy temporary accommodation.
b.13 March 2019.
2. Despite subsection 1, a decision maker may determine that a member is eligible for the cost of the hire of a car for a longer period in exceptional circumstances.
3. If subsection 1 does not apply, a decision maker may approve the reasonable cost of the hire of a car for a member or their dependants having regard to the following.
a.The member or dependants' access to a car for personal use.
b.The duration of the hire of the car.
14 Travel
1. A member and their dependants are eligible for the cost of travel from Townsville to a location of their choice in Australia.
a.If the travel is air travel, the travel must be taken at the class of travel specified under section 9.1.9 of the Defence Determination that applies to the member's circumstances.
b.If the travel is by vehicle, the member is eligible for vehicle allowance calculated under section 9.6.25 of the Defence Determination.
1A. A member and their dependants are eligible for the cost of travel from the location of the temporary accommodation to Townsville for resettlement purposes.
a.If the travel is air travel, the following applies.
i.The travel must be taken at the class of travel specified under section 9.1.9 of the Defence Determination that applied to the member's circumstances.
ii.The member is eligible for the reasonable cost of excess baggage.
b.If the travel is by vehicle, the member is eligible for vehicle allowance calculated under section 9.6.25 of the Defence Determination.
2.A member or their dependants who travel under section 1 or section 1A are eligible for the costs of meals that are payable under section 9.2.31 of the Defence Determination for the duration of the travel.
3.A member or their dependants who choose to travel 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, 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 circumstances for each night.
4.A member or their dependants who is required to travel to Townsville to assess damage to their housing or furniture is eligible for the following.
a.The cost of return flights to Townville as required and necessary.
b.The cost of accommodation up to the amount specified in Annex 9.5.A of the Defence Determination that applies to their circumstances for each night of their stay in Townsville, but not more than three nights.
c.The reasonable cost to hire a care for the duration of the stay in Townsville.
d.If the member travels to Townsville, three days short absence under Part 11 to Chapter 5 of the Defence Determination.
5.The time limits specified paragraph 4.b may be extended by the decision maker.
15 Relocation of animals
1.A member is eligible for the reimbursement of costs associated with the transportation and boarding of household pets under subsection 6.1.21.1 of the Defence Determination.
2.For the purpose of subsection 1, transportation is from Townsville to any of the following places.
b.The place where the dependants are in temporary accommodation.
c.The place a nominated carer for the animals live.
d.A kennel, cattery or other commercial animal accommodation service.
3.A service provider for pet relocation must meet the requirements specified under subsection 6.1.21.3 of the Defence Determination, as in force from time to time.
4.A member who has received a benefit under subsection 1 is eligible for the reimbursement of costs associated with the transportation and boarding of household pets from the location specified in subsection 2 to Townsville or another location where the dependants occupy housing on a permanent basis.
5.A member ceases to be eligible for the reimbursement of boarding costs under this section seven days after the member or their dependants occupy one of the following types of accommodation.
a.A Service residence.
b.Rental accommodation for which they will receive rent allowance.
c.Their own home.
16 Agistment of animals
1.If a member has an animal that is agisted in Townsville for a regular fee greater than what the member had paid prior to the 31 January 2019, the member is eligible for the difference in the costs of the agistment fees.
2.A member ceases to be eligible for the difference in the costs of the agistment fees on the earlier of the following dates.
2.Two days after the member’s previous agistment is available.
3.The day the member enters into an arrangement for the permanent agistment of their animals.
4.13 March 2019.
3.Despite subsection 2, a decision maker may determine that a member is eligible to be reimbursed the difference in the costs of the agistment fees for a longer period in exceptional circumstances.
17 Living-in accommodation
1. A member may be required to occupy living-in accommodation as a consequence of the floods in Townsville.
2.A decision maker may permit a member’s dependants to occupy living-in accommodation in Townsville.
3.For the purpose of subsections 1 and 2, both the following apply.
a.A licence to live in, as provided in Annex 7.4.A of the Defence Determination, applies.
b.Despite section 7.4.24 of the Defence Determination, a member is not required to pay a contribution for living-in accommodation until the date the member is required to live in living-in accommodation ceases.
c.A member's dependants are eligible for meals in the mess and are not required to pay a meal contribution.
4.Subsection 1 and 2 cease to apply when one of the following apply.
a.The member or their dependants occupy one of the following types of accommodation.
i.A Service residence.
ii.Rental accommodation for which they will receive rent allowance.
iii.Their own home.
b.The member chooses to live in living-in accommodation under section 7.4.9 of the Defence Determination.
18 Rent allowance
1.This section applies to a member who was in receipt of rent allowance before 31 January 2019 and continues to have an obligation to pay rent despite being displaced from their accommodation.
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.
2A. The member ceases to be eligible for an additional rent allowance under subsection 2 once the member or their dependants occupy one of the following types of accommodation.
a.A Service residence.
b.Rental accommodation for which they will receive rent allowance.
c.Their own home.
d.The member chooses to live in living-in accommodation under section 7.4.9 of the Defence Determination.
3.If a member living in the affected flood area is required to break a lease on the property for which they are receiving rent allowance due to a Service requirement, the member is eligible for the costs associated with breaking the lease.
19 Furniture hire
1.This section applies to a member who was displaced from their accommodation and begins to occupy a Service residence, an own home, or property for which they receive rent allowance.
2.The member is eligible for the reasonable cost of furniture hire to temporarily replace furniture lost, damaged or made inaccessible by the flood water.
3.The benefit provided in subsection 1 applies until the earlier of the following.
a.The day the member or their dependants are able to access their furniture.
b.The day the member or their dependents has otherwise been compensated for the loss or damage of the furniture.
Example: By way of an insurance settlement for the member’s housing contents.
c.A date set by the decision maker.
20 Rejoining dependants
1.This section applies to a member who categorised as a member with dependants (unaccompanied) under section 8.3.6 of the Defence Determination and whose dependants lived in the affected flood area on 31 January 2019.
2.The member is eligible for a return economy class flight from their place of duty to Townsville for the purpose of providing support to their dependants.
3.The member is required to take a type of leave provided under Chapter 5 of the Defence Determination for the duration of their absence from their place of duty.
4.Benefits provided under this section cease to apply on 13 March 2019.
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 for a nominated person to travel from the nominated person's place of residence in Australia to Townsville.
a.An economy class flight to Townville.
b.Vehicle allowance, as calculated under section 9.6.25 of the Defence Determination.
3.Subsection 2 ceases to apply 28 days after the member or their dependants occupy one of the following types of accommodation in Townsville.
a.A Service residence.
b.Rental accommodation for which they will receive rent allowance.
c.Their own home.
4.If a member has received a benefit under subsection 2 the member is eligible for one of the following for the nominated person to travel back to their place of residence.
a.An economy class flight to the nominated person's place of residence.
b.Vehicle allowance, as calculated under section 9.6.25 of the Defence Determination.
5.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 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.
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.
3.This section ceases to apply when the member or their dependants meet one of the following.
a.They occupy one of the following types of accommodation in Townsville.
i.A Service residence other than member choice accommodation.
ii.Rental accommodation for which they will receive rent allowance.
iii.Their own home.
b.A decision maker is satisfied that a member is not taking reasonable steps to occupy one of the accommodation types listed in paragraph a.
c.They choose to remain in member choice accommodation.
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.
4.A member who has received a removal under this section is eligible for a removal of the furniture and effects which were removed under subsection 2 as follows.
a.Furniture and effects that have been removed to the member's temporary accommodation – from that accommodation to the member's accommodation in Townsville.
b.Furniture and effects that have been removed to an approved store – from that approved store to the member's accommodation in Townsville.
5.A member is eligible for the removal of furniture and effects in accordance with the following if the removal they received under subsection 4 was to a Service residence that is of a lower classification than what the member would have been eligible for under paragraph 7.6.4.1.b of the Defence Determination.
a.The removal is from the accommodation the furniture and effects were removed to under subsection 4.
b.The removal is to the suitable Service residence the member has accepted under 7.6.33 of the Defence Determination.
c.‘Furniture and effects’ has the same meaning as in Division 2 of Part 5 to Chapter 6 of the Defence Determination.
Note: For furniture and effects that are in approved storage – removal benefits are provided under the Defence Determination.
5.A decision maker may approve the removal of additional furniture and effects if it is reasonable in the circumstances.
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.
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3 – Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 2) | 12 February 2019 | 13 February 2019 | |
| Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 3) | 7 March 2019 | 8 March 2019 |
Endnote 4 – Amendment history
| Section | Amendments |
| section 5 | am: 2019 (No. 2). |
| section 11 | am: 2019 (No. 2) and (No. 3). |
| section 12 | am: 2019 (No. 3). |
| section 13 | rs: 2019 (No. 3). |
| section 14 | am: 2019 (No.3). |
| section 15 | am: 2019 (No. 3). |
| section 16 | rs: 2019 (No. 3). |
| section 17 | am: 2019 (No. 3). |
| section 18 | am: 2019 (No. 2) and (No. 3). |
| section 20 | am: 2019 (No. 3) |
| section 21 | ad: 2019 (No. 2). rs: 2019 (No. 3) |
| section 22 | ad: 2019 (No. 2). am: 2019 (No. 3). |
| section 23 | ad: 2019 (No. 2). am: 2019 (No. 3) |
| section 24 | ad: 2019 (No. 2). |
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