Defence Determination 2011/10, Member with Dependants (Unaccompanied) Amendment

Defence Determination 2011/10, Member with dependants (unaccompanied) – amendment

I, BRIAN GARY PAULE, Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 11 February2011
B G PAULE
Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2011/10, Member with dependants
(unaccompanied) – amendment.
2. / This Determination may also be cited as Defence Determination 2011/10.

2 Commencement

This Determination commences on 14 February 2011.

3 Amendment

Defence Determination 2010/64, Member with dependants (unaccompanied) – amendment, is amended as set out in this Determination.

4 Clause 20 (Subclause 7.5.28.1 (Member with dependants (unaccompanied) eligibility in two locations), Exceptions)

substitute
Exceptions:A Service residence is not provided for the dependants in a personal location
in any of the following situations.
a. / A member's dependants move from living with the member to a personal location.
See: Chapter 8 Part 3A Division 1 Subclause 8.3A.6.7, Member who may be
classified as a member with dependants (unaccompanied)
b. / All the following apply.
i. / A deployed member’s dependants are granted a removal to a personal
location for family support.
ii. / On the member’s return from the deployment dependants elect to remain in the
personal location.
iii. / The member has six months or more to serve in their current posting location after their return from the deployment.
c. / All the following apply.
i. / A deployed member’s dependants are granted a removal to a personal
location for family support.
ii. / The member had less than six months to serve in their posting location on their return from the deployment.
iii. / The member is posted to a new location.
iv. / On the member’s posting to the new location the dependants elect to remain in thepersonal location.
d. / Both the following apply.
i. / A deployed member’s dependants are granted a removal to a personal
location for family support.
ii. / The member keeps their Service residence in their pre-deployment location.

5 Clause 23 (Subclause 7.6.5.1 (Member entitled and period of entitlement), table)

insert at the end
9. / meets all the following conditions / as described in whichever of items 3, 4 or 4B applies to the member.
Rent allowance is provided for accommodation at the personal location for the member's dependants.
Related Information: Paragraph 7.6.6.5.b, Member not entitled. This paragraph provides that rent allowance is not paid on the member's return in some circumstances.
a. / The member was deployed for six months or more.
b. / The member's dependants were approved to move to a personal location before the member's deployment for family support.
c. / The member returns from deployment.
d. / The member has less than six months to serve in their posting location after their return from the deployment.

6 Clause 24 (Subclause 7.6.6.4 (Member not entitled))

substitute
5. / A member is not entitled to rent allowance for accommodation for dependants in any of
the following situations.
a. / Both the following conditions are met.
i. / The member and dependants lived together.
ii. / The dependants move to a personal location for which removal benefits are not
provided.
b. / All the following apply.
i. / A deployed member’s dependants are granted a removal to a personal
location for family support.
ii. / On the member’s return from the deployment dependants elect to remain in the
personal location.
iii. / The member has six months or more to serve in their current posting location after their return from the deployment.
c. / All the following apply.
i. / A deployed member’s dependants are granted a removal to a personal
location for family support.
ii. / The member had less than six months to serve in their posting location after their return from the deployment.
iii. / The member is posted to a new location.
iv. / On the member’s posting to the new location the dependants elect to remain in the personal location.
d. / Both the following apply.
i. / A deployed member’s dependants are granted a removal to a personal
location for family support.
ii. / The member keeps their rent allowance residence in their pre-deployment location.

7 Clause 26 (Subclause 7.6.28A.1 (Rent allowance on deployment), Related information)

omit
table item 8
insert
table items 8 and 9

8 Attachment B (Subclause 8.3A.10.2 (Member's dependants elect to remain in the member's losing location), table item 1)

omit
subclause 8.3A.6.6
insert
subclause 8.3A.6.2

9

Attachment B (Clause 8.3A.14 (Dependants removed to personal location on deployment)), table item 4

substitute
4. / 1. Before and during the deployment
The member's dependants get a full or
limited removal to the personal location.
The housing package for a member who is
deployed is complex.
Housing assistance for dependants is not
provided to a member with a suitable own
home in the personal location.
If the deployment isfor less than six months, dependants haveno housing or removal entitlement for a personallocation.
If the deployment is for six months or more,
housing assistance may be provided for
dependants. In order to be eligible the
member must have been granted a full or
limited removal to the personal location.
The member is required to make a
contribution.
Housing is not provided where the member has kept housing in the predeployment location. / Housing:
Chapter 7 Part 1 Division 1 clause 7.1.6,
Eligibility for housing assistance
Chapter 7 Part 5 Division 7 clause
7.5.36B, Service residence in personal
location for member on deployment
Chapter 7 Part 6 Division 1, subclause
7.6.5.1, Member entitled and period of
entitlement

Attachment B (Clause 8.3A.14 (Dependants removed to personal location on deployment)), table item 5

substitute
5. / 2. After the deployment
The member's dependants may continue to get housing at the personal location if the member has less than 6 months to serve in their current posting location.
The member's dependants get a removal when they rejoin the member. / Service residences: Chapter 7 Part 5 Division 7 subclause 7.5.28.1, Member with dependants (unaccompanied) eligibility in two locations
Rent allowance: Chapter 7 Part 6 Division 1 paragraphs 7.6.6.5.b and 7.6.6.5.c, Member not entitled

Attachment B (Paragraph 8.3A.18.a (Dependants move for employment or study))

substitute
a. / The CDF approves a member’s spouse or partner to move to continue in employment or study.
See: Chapter 6 Part 6 Division 3 subclause 6.6.19.2, Compassionate removal to a
personal location where benefits are provided
NOTE
1. / Defence Determination 2010/64 was made on 7 December 2010 and commences on 17 February 2011.

EXPLANATORY STATEMENT

Defence Determination 2011/10

This Determination amends Defence Determination 2010/64, Member with dependants (unaccompanied) – amendment (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act).

The purpose of this Determination is to make several changes to benefits for a member's dependants. The changes all relate to changes that were made by Defence Determination 2010/64, Member with

dependants (unaccompanied) – amendment. That Determination fundamentally changed many of the arrangements that apply to members in the member withdependants (unaccompanied) category. This Determination expressly sets out the detail of some conditions that limit arrangements that were set out in that Determination.

Clause 1 of this Determination sets out the manner in which this Determination may be cited.

Clause 2 of this Determination provides that the Determination commences on 14 February 2011.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4 substitutes the exception given in clause 20 of the Principal Determination. Clause 20 inserts an exception to subclause 7.5.28.1 of Defence Determination 2005/15, Conditions of service. The exception provides a list of situations where a Service residence is not provided to a member's dependants. Two new situations have been added to the list. In paragraph c, the member's dependants choose not to rejoin a member when they are posted within six months of a return from a deployment. In paragraph d,a deployed member's dependants move to a new location while keeping a Service residence in their former location. The clause also amends paragraph b. This change ensures that the restriction on having a Service residence on return from deployment only applies to members who have six months or more to serve in their current posting location or where the dependants choose not to rejoin the member at a new posting location. This is because those families would usually be expected to return to reunite with the member at the posting location.

Clause 5 inserts a new item 9 into the table in clause 23 of the Principal Determination. Clause 23 varies a table in subclause 7.6.5.1of Defence Determination 2005/15, Conditions of service. The table sets out the period for which a member in certain classes can be paid rent allowance. The new class of member is those who have been deployed, but on their return have less than six months to serve in their current location, before they can expect to have to move to a new location. If the dependants had moved to another location for the deployment period because the other location has family support the member may continue to be paid rent allowance for a home for their dependants in the family support location. The member and family may then relocate together to the member's new posting location. This approach minimises disruption to the family, including to children's education.

Clause 6 substitutes clause 24 of the Principal Determination. Clause 24 inserted subclause 7.6.5.5 into Defence Determination 2005/15, Conditions of service. The subclause outlines situations where a member is excluded from being paid rent allowance for their dependants.The changes mirror those made for Service residences by clause 4 of this Determination.

Clause 7amendsclause 26 of the Principal Determination. Clause 26 amendsthe related information cross reference in subclause 7.6.28A.1ofDefence Determination 2005/15, Conditions of service. The cross reference points the reader to information on rent allowance for a deployed member. Item 9 of the table in subclause 7.6.5.1 has been added. This table item has been added by clause 5 of this Determination.

Clauses 8, 9, 10 and 11 vary Attachment B of the Principal Determination. Attachment B inserted a new Part 3A into Chapter 8 of Defence Determination 2005/15, Conditions of service.

Clause 8 corrects an error in a cross reference in table item 1 of subclause 8.3A.10.2of Attachment B of the Principal Determination. The cross reference was intended to point the reader to the rule that allows member with dependants (unaccompanied) categorisation for a member who is posted to a new location but who leaves their dependants behind.

Clauses 9and 10 substitute table items 4 and 5, respectively, of the table in clause 8.3A.14of Attachment B of the Principal Determination. The table summarises conditions of service for dependants who have been removed to a personal location on a member's deployment. A personal location is a place other than the member's posting location, and might be one where the dependants have family support. In both cases the summary has been thought to be misleading, and the changes are to more accurately reflect the rules which are contained elsewhere in the Principal Determination. Both items deal with removal and housing for a member's dependants.

Clause 11 substitutes paragraph 8.3A.18.aof Attachment B of the Principal Determination, which introduces a summary of benefits for dependants when they move for the member's spouse's or partner's employment or study. The paragraph has been thought to be misleading and has been changed to more accurately reflect the rule which is contained in paragraph 6.6.19.a of the Principal Determination.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review by means of appeal to the Defence Force Ombudsman.

Authority: Section 58B of the
Defence Act 1903