Defence Determination 2010/62, House-hunting trips – amendment

I, INGRID CECILIE SINGH, Acting Director General Personnel Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 6 December 2010
I C SINGH
Acting Director General
Personnel Policy and Employment Conditions
People Strategies and Policy Group

PAGE INTENTIONALLY LEFT BLANK

1
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Citation
1. / This Determination is Defence Determination 2010/62, House-hunting trips – amendment.
2. / This Determination may also be cited as Defence Determination 2010/62.
2
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Commencement
This Determination commences on the day after it is gazetted.
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Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.
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Clause 6.6.2 (Contents)
insert at the end
Annex 6.6.A / Application for Relocation form
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Clause 6.6.4 (Members entitled to removal)
insert at the end
4. / To apply for a removal the member needs to complete the approved service provider's application for relocation form found in Annex 6.6.A.
See: Annex 6.6.A, Application for Relocation form
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Chapter 6 Part 6 Division 11 (Removal on death of member)
insert at the end
the Annex set out in Attachment A
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Clause 7.1.20 (Member to apply in writing)
substitute
A member must apply by completing the Defence Housing Australia Request for a house hunting trip form. This form can be found in Annex E.
See: Annex 7.E, Request for a house hunting trip form
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Subclause 7.1.27.2 (Evidence of house-hunting trip costs)
substitute
2. / After the trip, the member must give copies of written records of the costs of the trip to the Toll Transitions Removal Administration Services Manager.
Examples: Hotel, meals and hire car receipts or statutory declaration of expenses.
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Clause 7.2.8 (Member to give notice of home ownership at posting location), see

omit
See: Clause 7.1.14, Definition of own home ('ownership').
See also: Annex 7.E, Application for relocation.
insert
See:
Clause 7.1.14, Definition of own home ('ownership')
Chapter 6 Part 6 Annex 6.6.A, Application for Relocation form

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Subclause 7.5.27.4 (Member with dependants eligible for a Service residence)

substitute
4. / A member who needs a Service residence in their posting location must apply by completing the relevant section of the Commonwealth removalist's application for relocation form. This form can be found in Annex 6.6.A.
See:
Toll Transitions
Defence Housing Australia
Chapter 6 Part 6 Annex 6.6.A, Application for Relocation form

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Annex 7.E (Application for relocation form)

substitute
the Annex set out in Attachment B
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determinations 2010/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 and 61.
ATTACHMENT A

Note: The attachments to this Determination can be found in the PDF version.

Annex 6.6.A: Application for Relocation form

See: Chapter 7 Part 5 Division 7 subclause 7.5.27.4

Copy of the Application for Relocation form.
ATTACHMENT B
Annex 7.E: Request for a house hunting trip form

See: Chapter 7 Part 1 Division 4 clause 7.1.20

Copy of the Request for a house hunting trip form.

EXPLANATORY STATEMENT

Defence Determination 2010/62

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter6 of the Principal Determination sets out provisions dealing with relocations on posting in Australia for members of the Australian Defence Force (ADF). Chapter7 of the Principal Determination sets out provisions dealing with housing and meals for members of the ADF.

The purpose of this Determination is to amend provisions for applying for removal and for house-hunting trips. These changes are part of Toll Transitions taking over the management of the Defence removal and relocation contract from Defence Housing Australia (DHA) as the Commonwealth removalist.

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 the day after it is notified in the Government Notices Gazette.

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

Clause 4 inserts a new cross reference in clause 6.6.2 of the Principal Determination. This cross reference refers to a new Annex which is inserted by clause 6 of this Determination.

Clause 5 inserts a new subclause in clause 6.6.4 of the Principal Determination which sets out provisions for members entitled to removal. The new subclause provides that to apply for removal the member needs to complete the approved service provider's application for relocation form which is inserted by clause 6 of this Determination.

Clause 6 inserts a new Annex 6.6.A, into Chapter 6 Part 6 of the Principal Determination. The Toll Transitions application for relocation form must be completed by a member to apply for relocation assistance. This form was previously a DHA application for relocation form in Annex 7.E, which has been removed by clause 9 of this Determination.

Clause 7 substitutes clause 7.1.20 of the Principal Determination. The amendment provides that a member must apply for a house-hunting trip by completing the DHA request for a house hunting trip form. Previously the member was required to apply in writing to the Housing Management Centre Manager. The request for a house hunting trip form has been inserted into Annex7.E of the Principal Determination by clause 9 of this Determination.

Clause 8 substitutes subclause 7.1.27.2 of the Principal Determination which sets out who receives the written evidence of the member's house-hunting trip costs. The amendment changes the position to Toll Transitions Removal Administration Service Manager. Previously all written evidence was given to the Housing Management Centre Manager in DHA.

Clause 9 amends clause 7.2.8 of the Principal Determination by changing the cross reference from Annex7.E to Chapter 6 Part 6 Annex 6.6.A. The DHA application for relocation form in Annex 7.E has been removed and a new Toll Transition application for relocation form has been inserted by clause 6 of this Determination.

Clause 10 substitutes subclause 7.5.27.4 of the Principal Determination. The substitution replaces the DHA application for relocation form with the Commonwealth removalist's application for relocation form and updates a cross reference from Annex 7.E to Annex 6.6.A.

Clause 11 substitutes Annex 7.E of the Principal Determination. The amendment removes the current DHA application for relocation form and inserts a DHA request for a house-hunting trip form. The process of the application for relocation form has been revised and inserted into Annex 6.6.A by clause 6 of this 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 under the ADF redress of grievance system, including an appeal to the Defence Force Ombudsman.

Authority: Section 58B of the
Defence Act 1903