This section is reserved for publication in the ADF Pay and Conditions Manual of an administrative description of the aims of Chapter 1.

This Chapter contains the following Parts.

Part 1

About this Manual

Part 2

The Defence Determination on conditions of service

Part 3

Definitions

Part 4

Equivalent ranks and classifications

Part 5

Member's rights and obligations

Part 6

Payment of benefits in special circumstances

This table spells out abbreviations used in Chapters 1 to 17.

Abbreviation

Meaning

ADF

Australian Defence Force

APS

Australian Public Service

ATM

Automatic teller machine

CDF

Chief of the Defence Force

CTAS

Career Transition Assistance Scheme

DECA

Defence Enterprise Collective Agreement 2012-2014

DFRDB Act

The Defence Force Retirement and Death Benefits Act 1973

DFRT

Defence Force Remuneration Tribunal

DHA

Defence Housing Australia

GST

Goods and Services Tax

HPAS

Home purchase assistance scheme

HPSEA

Home purchase or sale expenses allowance

kg

kilogram

km

kilometre

MSBS

Military Superannuation and Benefits Scheme

NATO

North Atlantic Treaty Organisation

UK

United Kingdom

UN

United Nations

US or USA

United States of America

VCDF

Vice Chief of the Defence Force

1.

Defence Determination 2016/19, Conditions of service, is the main Determination authorising ADF conditions of service within Australia and overseas. It deals with a wide range of ADF conditions of service.

Examples: Leave, location allowances, reimbursement to members of Service-related expenses.

2.

This Determination commences on 1 July 2016.

1.

Chapter 1 (other than Part 3 Division 2) applies in relation to all ADF members, including members of the Reserves on Reserve service. Chapter 1 Part 3 Division 2 applies only to members on continuous full-time service, unless expressly stated otherwise.

2.

Chapters 2 to 17 apply only in relation to members on continuous full-time service. This is unless an express intention to deal with another class of person is clear.

Example 1: A member of the Reserves on Reserve service is not eligible for housing assistance under Chapter 7. There is no express intention in that Chapter to apply housing assistance to members other than those on continuous full-time service. Some benefits in this Determination may be provided to the family members of a member.

Example 2: A member of the Reserves on Reserve service is eligible for the payment of costs for travel on Defence business. Section 9.5.14 states that this benefit applies to these members.

Example 3: Some removal and housing benefits are provided for dependants under Chapters 6 and 7 after the death of a member, or under Chapter 8 for the breakdown of their marriage or relationship. The provisions make it clear that the dependants have these benefits.

3.

The following classes of members are on continuous full-time service for the purposes of this Determination.

a.

A member of the Permanent Forces.

b.

A member of the Reserves on continuous full-time service.

4.

A member of the Reserves on Reserve service is not on continuous full-time service.

See: The descriptions of continuous full-time service and Reserve service in Part 3 Division 1.

Some benefits in this Determination may be provided to the family members of a member.

Example: Some removal and housing benefits are provided for dependants under Chapters 6 and 7 after the death of a member, or under Chapter 8 for the breakdown of their marriage. The provisions make it clear that the dependants have these benefits.

1.

Part 3 of this Chapter defines terms used in Chapters 1 to 17. The definition applies to each use of the term throughout the Chapters, unless it is made clear otherwise.

2.

To avoid doubt, definitions in Part 3 may apply in relation to a Reserve service member if necessary to determine their eligibility for a benefit.

Note: If an allowance is not normally payable to a member on Reserve service, then the definitions cannot be used to create that eligibility.

Example: An allowance is available to Reserve service members. The allowance rules use a term that is defined in Part 3. That definition applies to Reserve service members to assist in the interpretation of the allowance rules and assess a member's eligibility.

Non-examples:

1.

Recreation leave only applies to members on continuous full-time service and uses terms defined in Part 3. This rule does not operate to make recreation leave apply to members on Reserve service.

2.

Housing assistance is based on a posting location that is a term defined in Part 3. The housing rules do not apply to Reserve service members. Members cannot use the posting location definition to create a housing benefit for themselves.

See: Part 3, Definitions

1.

The Assistant Secretary People Policy and Employment Conditions may approve a form that is to be used by an applicant for a benefit under this Determination.

2.

To remove doubt, forms included in this Determination are approved forms for the purposes of subsection 1.

1.

This Part defines terms and explains concepts used in Chapters 1 to 17.

2.

The terms defined in this Part apply to more than one Chapter. Terms with a special definition used only in particular areas are defined in that area.

3.

Special definitions about dependants are in Division 2 of this Part.

4.

Special definitions about overseas conditions of service are in Chapter 12 Part 3.

5.

The Acts Interpretation Act 1901 and the Defence Act 1903 contain definitions of other terms that may apply.

Example 1: The Defence Act 1903 defines member, officer, remuneration, the Permanent Forces and the Reserves.

Example 2: The Acts Interpretation Act 1901 specifies how to work out periods of time and defines some commonly used words, including Australia, month, calendar year, financial year, the Commonwealth.

6.

Time is expressed using a 24-hour clock system.

Note: Definitions in this Part may apply to Reserve service members. For further information see section 1.2.4.

See: Part 2 section 1.2.4, Meaning of words and phrases

This Part includes the following Divisions:

Division 1

Definitions – general

Division 2

Dependants and categorisation

FOR DEFINITIONS RELATING TO DEPENDANTS, SEE CHAPTER 1 PART 3 DIVISION 2

WARNING – DIFFERENT DEFINITIONS FOR OVERSEAS CONDITIONS OF SERVICE

The following terms are defined differently for overseas conditions of service:

     long-term posting

     posting location

     posting period

     short-term duty

Those definitions are in Chapter 12.

See: Chapter 12 Part 3, Definitions for Chapters 12 to 17.

This Division defines general terms and explains important concepts used in Chapters 1 to 17.

See: Division 2 for definitions and interpretations related to dependants.

Act means the Defence Act 1903.

Includes an allowance made under section 58B or section 58H of the Defence Act 1903, unless expressly stated otherwise.

1.

For service within Australia – baggage means personal possessions that meet either of these conditions.

a.

They accompany the member by public transport.

b.

They are sent by public transport unaccompanied.

2.

For a removal, baggage includes parts of a person’s furniture and effects that they choose not to be carried by a contracted removalist.

Calendar month has the same meaning as in section 2B of the Acts Interpretation Act 1901.

Capital city means Canberra, Darwin or the metropolitan area of the capital city of a State.

CDF means the Chief of the Defence Force. This includes a reference to another person that the CDF authorises to act on their behalf.

Commonwealth includes a body corporate incorporated for a public purpose by or under a law of the Commonwealth or of a Territory. Commonwealth excludes an incorporated company, society or association.

See: Section 17 of the Acts Interpretation Act 1901

Commonwealth removalist means Toll Transitions Pty Ltd, its subcontractors, agents or employees who provide removal services under a contract with the Commonwealth.

Compulsory residency means training in a hospital undertaken by a medical officer as a condition of entry into the medical profession. It does not matter whether or not the medical officer lives in accommodation provided by the hospital.

Compulsory retirement age means a member's compulsory retirement age under the Defence (Personnel) Regulations 2002.

1.

Continuous full-time service excludes Reserve service. Members on continuous full-time service are paid an annual rate of salary under DFRT Determination No. 15 of 2008, Salaries. If eligible, they are entitled to the conditions of service under Chapters 2 to 17.

2.

This concept applies to the service performed by these two groups of members.

a.

Members of the Permanent Forces.

b.

Members of the Reserves who are required to perform a period of continuous full-time service with the Permanent Forces.

See also: Section 1.3.67, Reserve service

Example: A member joined the Navy in 2000 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2010 to 2014. The member is then called out for continuous full-time service for all of 2015.

Item

During the period...

the member was on...

1.

2000 to 2009

continuous full-time service.

2.

2010 to 2014

Reserve service.

3.

2015

continuous full-time service.

Note: 'Ceasing continuous full-time service' includes all forms of termination or transfer of service. This includes on retirement, retrenchment, and on completing a period of engagement.

1.

The daily rate of any annual rate means the relevant calculation set out at section 3.2.7.

See: Chapter 3 Part 2 Division 1 section 3.2.7, Calculating and pro rating salary and allowances

2.

If a member is eligible for a daily rate of an allowance determined by the Defence Force Remuneration Tribunal, the rate is listed in the relevant determination.

See: Chapter 3 Part 2 Division 1 subsection 3.2.7.6, Calculating and pro rating salary and allowances

Dentist means a dental practitioner registered under the law of a State or Territory. It includes an ADF dental officer.

Deployment means warlike or non-warlike service overseas by members assigned for duty with a UN mission or a similar force.

Doctor means a medical practitioner registered under the law of a State or Territory. It includes an ADF medical officer.

See: Part 6 section 1.6.1, Dual entitlement – member's adult dependant is also a member.

Effective date of posting means whichever is the later of these dates.

a.

The date in the member's posting order.

b.

The date the member starts duty at their new posting location.

See also:
Section 1.3.57, Posting period – within Australia
Chapter 12 Part 3 section 12.3.16, Posting period overseas

Employment includes full-time or part-time work. It does not include voluntary work.

1.

The capacity of a rotary engine is the displacement of the engine according to the specifications of the engine issued by the manufacturer of the vehicle.

2.

The manufacturer of a rotary engine-driven vehicle may not state the displacement of the engine in the specifications. They may state the displacement of the rotor or rotors comprising the engine instead. In this case, the capacity of the engine is taken to be either of these figures.

a.

The displacement of the rotor that makes up the engine.

b.

The sum of the displacements of the rotors that make up the engine.

See: Chapter 1 Part 4.

1.

A flexible service determination is a determination made under subsection 23(2) of the Defence Act 1903.

2.

Patterns of service under a flexible service determination can fall into two categories.

a.

Hours or days in a fortnight. This is known as a flexible service determination (days per fortnight pattern of service).

b.

Weeks in a month. This is known as a flexible service determination (weeks per month pattern of service).

The fortnightly rate of any annual rate means the calculation set out at subsection 3.2.7.1 as adjusted by subsection 3.2.7.4.

See: Chapter 3 Part 2 Division 1 section 3.2.7, Calculating and pro rating salary and allowances

Gaining location means the posting location to which a member is posted in their posting authority.

For the purpose of a medical absence, a health professional means:

a.

A registered medical or dental practitioner who provides services as a Defence member, Australian Public Service employee or otherwise under an agreement in place with Defence.

b.

A registered medical practitioner.

c.

Any of the following persons who are competent, credentialed and authorised by Surgeon General Australian Defence Force to perform an extended role.

i.

A Nursing Officer.

ii.

A Nurse Practitioner.

iii.

An Advanced Medical Assistant (AMA) or Advanced Medical Technician (AMT).

iv.

A Clinical Manager (CM).

1.

This table lists the home port for different members.

Item

If the member was recruited in...

and the member is in the...

the member's home port is...

1.

South Australia

Navy

Adelaide.

Army, posted to a seagoing ship

2.

Queensland

Navy

Brisbane, Cairns or Townsville.

Army, posted to a seagoing ship

Brisbane or Townsville.

3.

New South Wales

Navy

Sydney or Nowra.

Army, posted to a seagoing ship

Sydney.

4.

Victoria

Navy

Melbourne.

Army, posted to a seagoing ship

5.

Tasmania

Navy

Hobart.

Army, posted to a seagoing ship

6.

Western Australia

Navy

Fremantle.

Army, posted to a seagoing ship

Perth.

7.

Northern Territory

Navy

Darwin.

Army, posted to a seagoing ship

8.

Australian Capital Territory

Navy

Canberra.

Army, posted to a seagoing ship

2.

If there is more than one option that could apply to a member in the table in subsection 1, the CDF may decide which of the options will apply. The CDF must have regard to both these criteria.

a.

Where the member was enlisted or appointed.

b.

The efficient operation of Defence.

3.

A member may apply to have a location listed in this table approved as their home port.

Item

If the member is…

then the locations that may be selected are…

1.

a member of the Navy

Adelaide

Brisbane

Cairns

Canberra

Darwin

Fremantle

Hobart

Melbourne

Nowra

Sydney

Townsville

2.

a member of the Army posted to a seagoing ship

Adelaide

Brisbane

Canberra

Darwin

Hobart

Melbourne

Perth

Sydney

Townsville

4.

The CDF may approve the application. The CDF must consider all of these criteria.

a.

Where the member was enlisted or appointed.

b.

The member's needs.

c.

The efficient operation of Defence.

For a seagoing ship, home port means the port from which the ship regularly operates for a period of more than one year.

Leave year means a year beginning on 1 July.

Legal officer means an officer who is, or is eligible to be, admitted as a barrister or solicitor of the High Court or the Supreme Court of a State or Territory. This does not include an officer who is a Judge of the Federal Court or a Judge of a court of a State or Territory.

Living in means occupying living-in accommodation.

Living-in accommodation means either of these forms of accommodation.

a.

A barracks or similar kind of residential accommodation that meets both these conditions.

i.

It is owned or controlled by the Commonwealth.

ii.

It is provided primarily for the use of members without dependants.

b.

Accommodation like that described in paragraph a. that a foreign government or other organisation provides for members without dependants.

Living out means not living in.

See: Section 1.3.32, Living in

For service within Australia, location of residence means an area surrounding a member's residence. It is the area defined by the distance the member can travel from their residence and back, door to door. The distance is the greater of these two distances.

a.

How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport.

b.

30 km each way by public road.

See also: Section 1.3.55, Posting location – within Australia

1.

Within Australia – long-term posting means a period of duty that the member's Service has directed to be for more than six months.

2.

For duty overseas – see Chapter 12 Part 3 section 12.3.9, Long-term posting overseas.

This table defines losing location for a member granted a removal.

Item

If the member is…

then their losing location is
the location in Australia…

1.

a member with dependants on their first removal after joining or rejoining the Permanent Forces

of the current or last permanent home of their dependants when they joined or rejoined.

2.

any other member with dependants

to which they were last granted a removal for their dependants.

3.

a member with dependants (unaccompanied)

4.

a member without dependants

to which they were last granted a removal.

1.

Meal costs include compulsory service charges and taxes, such as goods and services tax (GST).

2.

Meal costs exclude these items.

a.

Voluntary tips.

b.

The cost of alcoholic drinks.

Meal period means one hour beginning at these times.

a.

0700 hours for breakfast.

b.

1300 hours for lunch.

c.

1900 hours for dinner.

Medical absence is the term used to describe the period for which a member is granted leave to be absent from duty for health reasons.

Related Information: Chapter 5 Part 3, Medical absence from duty

Member has the same meaning as in sections 4 and 58A of the Defence Act 1903.

Section 4 of the Act: ' Member includes any officer, sailor, soldier and airman.'

Section 58A of the Act: 'Member includes a person who has ceased to be a member, whether by reason of death or otherwise.'

See also:

a.

Part 2 section 1.2.2. This section restricts the application of Chapters 1 to 17 to existing ADF members on continuous full-time service. This is unless a provision makes it clear that the provision applies to members on Reserve service, or former members.

b.

The definitions of continuous full-time service and Reserve service in this Part.

Member undergoing recategorisation training means a member who is in the following circumstances.

a.

The member commences training in a capacity listed in Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries.

i.

For members of the Permanent Forces and members of the Reserves on continuous full-time service — Part 1 of Schedule B.13.

ii.

For members on Reserve service — Part 2 of Schedule B.13.

b.

Immediately before the start of the training, salary was payable to the member under a schedule to DFRT Determination No. 15 of 2008, Salaries, other than Schedule B.13.

Note 1: These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 section 3.2.25.

Note 2: This definition does not apply to new entrants to the ADF who have only ever been on a trainee rate of salary under Schedule B.13.

See:
Section 1.3.75, Trainee
Chapter 3 Part 1 Schedule B.13, Trainee salary rates
Chapter 3 Part 2 Division 2 section 3.2.25, Salary – member undergoing recategorisation training

See: Section 1.3.8, Calendar month

Non-warlike service means both these kinds of service for the purposes of the Veterans’ Entitlements Act 1986.

a.

Service with a peacekeeping force for the purposes of Part IV.

b.

Hazardous service for the purposes of section 120.

A nonworking period for a member on a flexible service determination (weeks per month pattern of service) is the period that is not the member's pattern of service. This is the period when the member is on leave without pay (flexible service determination).

See: Chapter 5 Part 10 Division 1 section 5.10.5A, Leave without pay (flexible Determination)

See: Chapter 9 Part 1 section 9.1.7.

1.

There are no minimum prescribed working hours for the ADF. Members on continuous
full-time service are paid on a 24-hour day, seven-day week basis.

2.

There is no such thing as payment for overtime. However, commanders set a normal working day taking account of normal community standards, operational requirements and occupational health and safety factors.

3.

For a member on a flexible service determination, the normal working hours are stated in the determination.

For a deployment, operational area means the specified area for a deployment in section 17.7.6.

See: Chapter 17 Part 7 Division 1 section 17.7.6, Rate of allowance

Own home is defined in Chapter 7.

See: Chapter 7

Part 2, Suitable own home
Part 1 Division 3, Definitions and key concepts.

Paid leave means a period of leave when a member is entitled to salary.

Pattern of service means the hours of duty or the periods of duty prescribed under a flexible service determination.

Pay grade means the pay grade for a member under DFRT Determination No. 15 of 2008, Salaries.

Pay to the Commonwealth means a member's obligation to pay (or repay) money to the Commonwealth. This is if the member incurs a debt or liability to the Commonwealth.

Example 1: The member has been overpaid a benefit.

Example 2: The member is liable to contribute money towards the cost of a particular conditions of service benefit that the Commonwealth provides to them.

Period of prospective service has the same meaning as in Part 8 of the Military Superannuation and Benefits Act 1991, as preserved by Schedule 4 of the Defence Legislation Amendment Act (No. 1) 2005.

1.

A personal location is a location in which the member's dependants choose to live.

Exception: The location where the member lives cannot be a personal location.

2.

Not all situations where dependants live in a personal location attract the same benefits.

a.

A benefit may be made available to a member on compassionate grounds. If the member satisfies any eligibility requirements for that benefit and the member's dependants live in a personal location, that personal location is known as a personal location where benefits are provided. 

Example: A member's dependants need to live near a children's hospital while the member's child undergoes chemotherapy. The member meets the compassionate test for every benefit that can apply and lives in a personal location where benefits are provided.

b.

A benefit may be expressed as not applying in relation to a member with dependants in a personal location. The member and dependants are not eligible for that benefit.

3.

A personal location may be inside or outside of Australia. A personal location outside of Australia attracts a more limited level of benefits.

Related Information: Chapter 8 Part 3, Member with dependants (unaccompanied) summary has more information about removal and housing for members in different situations.

1.

For service within Australia, posting location means an area surrounding a member's normal place of duty. It must be one of these areas.

a.

An area defined by the distance the member can travel from their usual residence to their normal place of duty and back, door to door. The distance is the greater of these two distances.

i.

How far the member can travel in 150 minutes by the most appropriate and efficient means of public transport available during their normal hours of duty.

ii.

30 km each way on the most direct route by public road.

Notes:
1. This may not necessarily be the quickest route to travel.
2. This subparagraph displaces the general principle in section 35 of the Acts Interpretation Act 1901.

b.

An area greater than the area described in paragraph a. that the member proposes and the CDF approves. Approval may only be given if the CDF is satisfied that both these criteria are met.

i.

The member’s daily attendance for duty would not be affected by any additional travelling time.

ii.

The member commutes daily to their normal place of duty.

c.

Any greater area in which a Service residence is located, if the Service residence is made available for members serving at the member's normal place of duty. 

2.

This subsection applies to a member with dependants (unaccompanied) or a member who is posted to a seagoing ship. Their posting location includes a location that their dependants live in.

See also: Section 1.3.35, Location of residence – within Australia

Related Information:

While this definition sets the posting location for most benefits, some members may get benefits based on other locations.

See: Chapter 7 Part 1 Division 3 section 7.1.15, Posting location

See: Chapter 12 Part 3 section 12.3.15, Posting location.

1.

For service within Australia, a member's posting period starts on the day they begin duty at a posting location and ends on the day they finish duty there. This is subject to subsections 2 to 6.

2.

The posting period starts on the day the member arrives at the location if they arrive on any of these days.

a.

A Saturday, Sunday or public holiday immediately before the day they begin duty.

b.

A day during a period of paid leave immediately before the day they begin duty.

c.

The day they are granted a removal to the location, or any later day.

3.

The member’s dependants may be granted a removal to the posting location and arrive there before the member. In this case, the posting period starts on the day the dependants arrive.

4.

The posting period ends on the day the member leaves the location, if they leave on any of these days.

a.

A Saturday, Sunday or public holiday immediately before the day they finish duty.

b.

A day during a period of paid leave immediately before the day they finish duty.

c.

The day they are granted a removal from the location, or any later day.

5.

The member’s dependants may be granted a removal from the posting location and depart after the member. In this case, the posting period ends on the day the dependants depart.

6.

The CDF may decide it is reasonable for a member's posting period to start on an earlier day or end on a later day. The CDF must consider all these criteria.

a.

The circumstances of the member’s removal to or from the location.

b.

The number, age, gender and circumstances of the member’s dependants.

c.

The availability of rental accommodation at the location.

d.

Any other factor relevant to the posting.

Note: Other Chapters have specific provisions about when particular benefits start and stop. These provisions override this definition for those benefits.

Examples: Maritime disability allowance, ADF district allowance and housing assistance.

See: Chapter 12 Part 3 section 12.3.16, Posting period overseas.

Private Proficient is not a formal ADF rank. It is a salary proficiency point.

See: Chapter 3 Part 2 Division 3 section 3.2.37, Salary – Private Proficient

Private vehicle means a motor vehicle that is registered in the name of the member or their dependant.

Examples: Cars, trucks, motor cycles (and sidecar), motor scooters.

Non-examples: Recreational or hobby vehicles that cannot be registered.

Public holiday means a day, or part of a day, that a member is eligible to take as a public holiday.

See:
Chapter 5 Part 12, Public holidays – Australia
Chapter 15 Part 1 section 15.1.4, Public holidays overseas

Public transport means transport available to the public by regular services over fixed routes.

1.

Rank includes both these meanings.

a.

Equivalent rank under Part 4.

b.

Substantive, acting (paid), temporary, provisional and probationary rank.

2.

Rank does not include either of these meanings.

a.

Unpaid acting rank.

b.

Honorary rank.

Refitting port means the port where a ship refits, if this is different from the ship’s home port, section 1.3.29.

Remote location means a location listed in Annex 4.4.A.

See: Chapter 4 Part 4 Annex 4.4.A, Remote locations for ADF district allowance

Removal means a removal by a Commonwealth removalist.

See: Section 1.3.12, Commonwealth removalist

1.

Reserve service means part-time service by a member of the Reserves. Members on Reserve service are paid a daily rate of salary under DFRT Determination No. 15 of 2008, Salaries.

See: DFRT Determination 15 of 2008, Salaries

Schedule B.1 – Senior Officer salary rates

Schedule B.3 – Officer salary rates

Schedule B.4 – Other rank member appointed as officer – transitional salary rates

Schedule B.5 – Specialist Officer – Chaplain salary rates

Schedule B.6 – Specialist Officer – Dental Officer salary rates

Schedule B.7 – Specialist Officer – Legal Officer salary rates

Schedule B.8 – Specialist Officer – Medical Officer salary rates

Schedule B.10 – Warrant Officer Class 1 salary rates

Schedule B.12 – Other rank member salary rates

Schedule B.13 – Trainee salary rates

Schedule B.14 – Specialist Officer – Aviation

Schedule B.15 – Senior Officer Specialist – Medical Officer
Schedule B.16 – Senior Officer – Dental Officer
Schedule B.17 – Senior Officer – Legal Officer
Schedule B.18 – Senior Officer – Chaplain

See also: Chapter 3 Part 2 Division 1, About salaries

2.

Members on Reserve service are not on continuous full-time service. This is so even if they serve for a continuous number of days of Reserve service. To be on continuous full-time service as defined in section 1.3.15, the ADF must specifically require them to perform duty for a period of continuous full-time service.

See: Section 1.3.15, Continuous full-time service

Example: A member joined the Navy in 2000 and served 10 years in the Permanent Forces. The member then joined the Reserves and performed intermittent Navy reserve days during 2010 to 2014. The member is then called out for continuous full-time service for all of 2015.

Item

During the period...

the member was on...

1.

2000 to 2009

continuous full-time service.

2.

2010 to 2014

Reserve service.

3.

2015

continuous full-time service.

3.

Members on Reserve service are not eligible for many of the conditions of service under Chapters 2 to 17. They are eligible for other conditions of service only under limited conditions. Some conditions of service are provided only for members on Reserve service.

Example 1: Members on Reserve service are not eligible for leave under Chapter 5.

Example 2: Members on Reserve service are eligible for payment of costs for travel on Defence business. Chapter 9 Part 5 Division 2 section 9.5.14 states that this benefit applies to these members.

1.

For the purpose of leave and travel, a restricted destination is a location that the CDF has directed is a restricted destination.

See: Chapter 5 Part 2 Division 1, Leave to travel to a restricted destination

Return of service obligation means a period of service determined by the relevant Service Chief under the Defence (Personnel) Regulations 2002. It is period of service a member must complete in return for some kinds of service opportunities.

Examples:

a.

Undergoing expensive training.

b.

Getting marketable skills through Service training.

c.

Being employed on special duties.

d.

Serving outside Australia.

e.

Travelling to Australia with any dependants at Commonwealth expense if the member has joined the ADF from outside Australia.

Seagoing ship has the same meaning as in DFRT Determination No. 11 of 2013, ADF allowances, as amended.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9, published at Chapter 4 Part 2 Part B Division B.9 section B.9.2, Definitions.

Seagoing submarine has the same meaning as in DFRT Determination No. 11 of 2013, ADF allowances, as amended.

See: DFRT Determination No. 11 of 2013, ADF allowances, Division B.9, published at Chapter 4 Part 2 Part B Division B.9 section B.9.2, Definitions.

Serious illness has the following meanings.

Item

For...

serious illness means an illness or injury that could...

1.

compassionate leave

See: Chapter 5 Part 9 Division 2

endanger the member's life.

2.

Australians dangerously ill scheme

See:
Chapter 9 Part 3 Division 9
Chapter 17 Part 4

do any or all of the following.

a. Endanger the person's life.

b. Significantly disable the person.

c. Materially affect the person's future life.

Note: A serious illness can include a mental health condition.

Service residence means residential accommodation provided by the Commonwealth. It does not include living-in accommodation.

See: Chapter 7 Part 6, Service residences

1.

Within Australia – short-term duty means a period of duty that the member's Service has directed to be for six months or less.

2.

For duty overseas – see Chapter 12 Part 3 section 12.3.18, Short-term duty overseas.

Trainee means a new entrant to the ADF who is on a trainee salary. This means a rate of salary under Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries.

Note: This definition does not apply to existing members of the Permanent Forces who are undergoing a form of in-service training mentioned in Schedule B.13. These members are entitled to salary non-reduction under Chapter 3 Part 2 Division 2 section 3.2.25. They are defined as members undergoing recategorisation training.

See: Section 1.3.43, Member undergoing recategorisation training

Training commitment means an obligation for a member to do specified reserve service for a specified period. The obligation is created under regulation 100 of the Defence (Personnel) Regulations 2002.

Travel card means a charge card that the Department of Defence provides to a member. The member can use the card for any of these purposes, up to the specified monetary limits.

a.

To pay accommodation, meals and incidental costs directly on behalf of the Commonwealth.

b.

To get a cash advance to pay for accommodation if the travel card cannot be used to pay for the accommodation.

c.

To get a cash advance to pay for meals and incidentals.

Note: The travel card is a Diner’s Club card. When the member pays for their Defence travel with the card, the cost is charged direct to the Commonwealth.

Example: A hotel does not accept the travel card as the method of payment for a member's accommodation. The member could use the card to withdraw cash at an ATM, pay for the accommodation and get a receipt for their stay.

See: Defence Travel Management site.

Very serious illness means an illness or injury of such severity that life is imminently endangered.

Warlike service means service in the Defence Force of a kind determined as warlike service for the purposes of the Veterans’ Entitlements Act 1986.

See: Section 5C of the Veterans' Entitlements Act 1986

1.

The Commonwealth provides benefits to assist a member's family with costs arising out of Service needs. Most benefits are provided only for family members who are also dependants living in the same household as the member.

2.

The purpose of this Division is to identify the relationships that might give rise to eligibility for Defence benefits.

Exception: Not all of the people in a member's family group are included in dependant definitions. Those people excluded are not usually eligible for Defence benefit purposes.

3.

The definitions, concepts and categorisations referred to in the following table apply to members and their dependants.

Item

Definition, concept or categorisation

Reference

1.

Describe different relationships between a member and other people.

a.

Child.

Section 1.3.81

b.

Spouse.

Section 1.3.92

c.

Partner.

Section 1.3.88

d.

Couple.

Section 1.3.82

e.

Non-Service spouse and non-Service partner.

Section 1.3.86

2.

Define the living arrangements that may make a person eligible for benefits from Defence.

a.

Normally lives with.

Section 1.3.87

3.

Define which people are a member's dependants for Defence benefit purposes.

a.

Dependants.

Section 1.3.83

b.

Dependant with special needs.

Section 1.3.84

c.

Dependants recognised by CDF.

Section 1.3.85

4.

Describe the category a member is in for Defence benefit purposes.

a.

Member without dependants.

Section 1.3.94

b.

Member with dependants.

Section 1.3.95

c.

Member with dependants (unaccompanied).

Section 1.3.96

4.

Despite anything the member tells Defence, CDF may examine whether the member or a person in their family meets any of the definitions in this Part and make an assessment as to whether the member or other persons are eligible for benefits on that basis.

5.

In addition to any statement and evidence provided by the member, the CDF may ask for further information if they consider it is necessary to do either of the following.

a.

Verify the member's statement of relationship in any form that requires dependant information.

b.

Recognise dependants for whom the member is applying for categorisation, or a change in category.

6.

The member must provide accurate information and advise of any changes to family circumstances relevant to their eligibility for a category.

See: Part 5 section 1.5.2, Obligation to provide accurate information

7.

A member's dependant may provide information in relation to a benefit Defence has provided. Defence may use this information to ensure that correct benefits are provided in relation to the member's service.

8.

Recruiting staff and Commanding Officers are to ensure the applicant has access to forms that can be used to notify Defence about their family and dependants, including their primary emergency contact and their next of kin information.

a.

The 'normally lives with' requirement set out in section 1.3.87 and 1.3.83.

b.

The tests to be a CDF recognised dependant under section 1.3.85.

See:

Section 1.3.83, Dependants

Section 1.3.85, Dependants recognised by CDF

1.

Child includes the following persons under 21 years of age.

a.

A child recognised for the purposes of Part 7 Division 1 Subdivision D of the Family Law Act 1975.

See: Family Law Act 1975 

Examples:

i.

A child of the member.

ii.

A child of the member's spouse or partner.

iii.

An adopted child.

b.

A child with a permanent care order issued by a court order that places them in the member's care.

Note: A permanent care child is different to a child under a short-term foster care arrangement. A child on a short-term foster placement might live in the member's home with them but is not included as a dependant for the purpose of Defence benefits, unless they become a CDF recognised dependant.

Note: To be considered a dependant of the member for Defence benefit purposes, a child must also meet either or both of the following.

a.

The 'normally lives with' requirement set out in section 1.3.87 and 1.3.83.

b.

The tests to be a CDF recognised dependant under section 1.3.85.

See:

Section 1.3.83, Dependants

Section 1.3.85, Dependants recognised by CDF

2.

The age limit in subsection 1 does not apply for a child who is an invalid or has a disability.

Note: Chapter 8 provides some benefits for tertiary students who do not meet this definition because they are too old for this special measure for children.

A couple means a member and their spouse or partner.

1.

Any of the following persons who normally lives with a member is taken to be the member's dependant for Defence benefit purposes.

See: Section 1.3.87, Normally lives with

a.

The member's spouse.

See: Section 1.3.92, Spouse

b.

The member's partner.

See: Section 1.3.88, Partner

c.

The child of a member, defined in section 1.3.81.

Note 1: The definition in section 1.3.81 is broad and inclusive.

Note 2: A child who does not normally live with the member may be a dependant recognised by CDF under section 1.3.85.

Exception: A child who remains in a losing location without other adult dependants of the member is taken not to be a dependant because the child has ceased to be part of the member's household.

Example: The member is posted and moves away from the losing location. The child moves in with their grandparents to continue with employment. The child has ceased to be part of the member's household. 

d.

A child of a member, spouse or partner who meets both the following circumstances.

i.

The child is absent from the member's home only because the child is in full-time education. This can be primary, secondary or undergraduate tertiary education.

ii.

The child is under 21 years of age.

e.

An adult acting as a guardian or housekeeper, if the member has a dependent child and any of these other conditions are met.

i.

The member has no spouse or partner.

ii.

The member's spouse or partner is an invalid or has a disability.

iii.

The member's spouse or partner is either a member serving at another posting location or a non-Service spouse or partner living away from the family home.

2.

A person who is a dependant under section 1.3.84 or 1.3.85 is taken to normally live with the member, even if the ground on which they are recognised precludes their living with the member for a period.

3.

A different definition of dependant is used for members on short-term duty overseas and members on overseas long-term postings.

Exception: Members on deployment rely on the same dependant definitions as members in Australia. The deployment is not considered an overseas posting.

See: Chapter 12 Part 3 section 12.3.5, Dependant

1.

In this section a decision maker means one of the following.

a.

Director General Defence Community Organisation.

b.

Director National Operations Defence Community Organisation.

2.

A dependant with special needs is a person who meets both of the following conditions.

a.

The decision maker has recognised the person for Defence benefit purposes under subsection 4.

b.

The dependant has been assessed or recognised for the purpose of a condition, in accordance with the following table.

Item

Special needs condition

Person who must assess or recognise the condition

The dependant must meet these qualifying criteria

1.

Physical.

A specialist medical practitioner.

Not applicable.

2.

Intellectual.

3.

Sensory.

4.

Multiple impairments.

5.

Medical condition, illness or disability.

6.

Speech or language disorders.

Either of the following.

a.

A specialist medical practitioner.

b.

A paramedical practitioner.

Example: A speech therapist.

7.

Social, emotional or behavioural.

Either of the following.

8.

Specific learning difficulties.

a.

A specialist medical practitioner.

b.

A psychologist.

9.

Academically gifted or talented.

A psychologist with qualifications and experience in assessing children.

The child must achieve a score at or above the 95th percentile on either of the following.

a.

Any individual or group IQ test.

b.

A subscale of an individual IQ test.

3.

A member must do all of the following to have a dependant recognised as a dependant with special needs.

a.

Apply using Form AC832.

b.

Include copies of relevant supporting documents with the application.

c.

Send the completed application to the Defence Community Organisation.

4.

The decision maker will decide if the member's application for the recognition of a dependant with special needs is approved or not approved. A letter stating the decision will be forwarded to the following people.

a.

The member.

b.

The member's unit.

c.

Defence Housing Australia.

d.

The career managers of the member's Service.

5.

Recognition under this section is valid until the circumstances on which the application was granted change. The member must advise the Defence Community Organisation in writing of any change that may affect eligibility.

1.

The CDF may recognise a person as a dependant on the basis that the person has an interdependent relationship with a member. The CDF must have regard to the following factors.

a.

Whether the person has a close personal relationship to the member. The CDF may consider any of the following circumstances, or any other relevant facts.

i.

Whether the relationship is permanent. This can include any evidence to show that the parties intend the relationship to be permanent.

Example: A non-dependent child who is orphaned may be recognised as a dependant under this section while the member applies to adopt the child. Once the adoption is finalised, the child will fall under the ordinary definitions of 'child' and 'dependant' in this Division.

ii.

Ownership, acquisition and use of property.

iii.

The degree of mutual commitment to a shared life.

iv.

The care and support of children.

v.

The reputation and public aspects of the relationship.

Example: A statutory declaration that the relationship is one of interdependency.

vi.

The degree of emotional support.

b.

Whether the person lives with the member.

c.

Whether the person is unable to live with the member because of an intellectual, physical or psychiatric disability.

Non-example: A member's parent has lived independently, not living with the member as a dependant and then moves into an aged care facility. The parent is not eligible to be recognised as the member's dependant, although the member may have power of attorney for the parent.

Example: A member's aged mother is recognised as a dependant. The member looks after his mother in the member's home. The mother moves permanently to an aged care facility. The mother remains the member's dependant. 

See also: Section 1.3.84, Dependant with special needs

d.

Whether the member provides the person with substantial financial support.

Non-example: A member's parent who receives the aged pension, is in average health and is renting their own home is not a dependant.

e.

Whether one or each of them provides the other with interdependent support and personal care.

Examples:

1.  A member's parent is of pensionable age and suffering from a disabling illness. They are dependant on the member to provide a home and care.

2.  A person has medical conditions for which the member provides care. The person is able to show evidence from their doctor to support this.

2.

The CDF may recognise a child as a dependant if the child is expected to live with the member at their posting location for less than 90 nights a year. The CDF must consider all the following criteria.

a.

The arrangements for the child's contact or residence with the member.

b.

The member's access to the child.

c.

The distance and transport between the child's location and the member's location.

d.

The nature and extent of the member's Service commitments.

e.

Other factors that may be relevant to the relationship of the child and the member.

3.

The CDF may recognise a member's live-in carer as a dependant for one or more of the benefits listed in the following table. The CDF must be satisfied that both the following circumstances apply.

a.

The live-in carer is for the member.

b.

The live-in carer is included on the member's rehabilitation plan.

Item

Benefit

Reference

1.

Removal

Chapter 6 Part 5

2.

Service residence

Chapter 7 Part 6

3.

Rent allowance

Chapter 7 Part 8

4.

The recognition of a live-in carer as a dependant under subsection 3 stops when the member no longer needs the carer.

5.

The CDF may recognise a person who does not normally live with the member as a dependant for Defence benefit purposes. Both the following conditions must be met.

a.

The person must be eligible to be recognised as a dependant had they normally lived with the member.

See: Section 1.3.83, Dependants

b.

It must be reasonable having regard to Service requirements.

Example 1: If a couple is not able to live together because of Service reasons, such as a requirement to live-in, the CDF may recognise the couple as dependants of each other for Defence benefit purposes.

See: Section 1.3.96, Member with dependants (unaccompanied)

Example 2: Two members form a couple and ask their career managers for a posting in the same location so that they can live together. Their Service cannot post them together for operational reasons. The CDF recognises one member as a member with dependants and that member maintains a family home. The other lives in as member with dependants (unaccompanied).

Non-example: Two members consider themselves a couple but have never sought to be posted together or to form a common household. Their separation is not for Service reasons. There is no evidence that they would normally live together if not for the posting. The CDF does not recognise the couple for benefit purposes and they remain categorised as members without dependants, with no access to housing benefits. They are, however, listed on the system as a couple for personal emergency contact and notification purposes.

6.

The CDF must not recognise a person as a dependant under this section if satisfied that any of the following circumstances apply.

a.

The person's relationship with the member is one of mere convenience.

Examples:

1. A member's 22-year-old child who is unemployed lives with the member for reasons of convenience, not interdependency.

2. A person who acts as a housekeeper or guardian to a dependent child, when the member and spouse live together and are both working.

3. A member's parent is of pensionable age and looks after the member's children at the member's home but is otherwise able to live independently.

b.

There is alternative support, care or accommodation available to the person.

Example: A member looks after their grandchild while the child's mother is on holiday overseas. The child's father is working but does not want to pay for child care. The CDF determines that the child is not a dependant of the member since the child's parents remain responsible for the child's care and support.

Non-examples:

1. A member's grandchild has been orphaned. The member has assumed primary care of the child. The child has no other source of care or support. The CDF determines that the grandchild is a dependant of the member.

2. A member's son has become permanently incapacitated after a car accident. The member's son was the primary carer of his child. The member has assumed care of their grandchild because they are the child's closest relative and have applied for legal guardianship. The CDF determines that the child has no other source of care or support, and is a dependant of the member.

c.

The person is a resident child carer living with the member's family but is not otherwise a dependant of the member.

See: Chapter 7 Part 1 Division 3 section 7.1.14, for the definition of resident child carer

7.

The following arrangements apply where a person is not recognised as a dependant under this Division.

a.

The member may make their own arrangements for the person.

b.

The Commonwealth does not provide any dependant benefits under this Determination in relation to that person, unless a specific provision allows a benefit to be given. 

A non-Service spouse or non-Service partner is a member's spouse or partner who is not a member.

1.

To assess whether a person normally lives with a member as a dependant either of the following can be considered.

a.

Nights the person has lived in a home with the member.

b.

Nights the person is reasonably expected to live in a home with the member.

2.

For a child, the total of paragraphs 1.a and 1.b must be at least 90 nights a year at the posting location.

Exception: The child is recognised as a dependant under subsection 1.3.85.2.

See: Section 1.3.85, Dependants recognised by CDF

3.

If a person ceases to normally live with a member and the person is no longer expected to live with the member for the purpose of subsection 1, the person ceases to be a dependant of the member under this Determination.

Exception: A spouse, de facto partner or a dependant recognised by CDF under section 1.3.85 or the decision maker under section 1.3.84, might be recognised as a dependant, despite a temporary separation. The rule in subsection 3 would not stop the person being recognised as dependant even during the period of the temporary separation.

Exception examples: Service partners who can't live together for Service reasons or a person who is unable to live with the member because they require institutional care.

Partner means a person who is in either of the following circumstances.

a.

A registered relationship prescribed by the law of a State or Territory.

Example: A civil partnership.

b.

A de facto relationship, in which the member and their partner live together on a genuine domestic basis.

1.

A de facto partner is a member of a couple who live together on a genuine domestic basis, in accordance with section 2F of the Acts Interpretation Act 1901.

Note 1: A list of circumstances offering guidance as to whether a couple are living together on a genuine domestic basis can be found in sections 2D, 2E and 2F of the Acts Interpretation Act 1901. They may include any of the following circumstances, or other relevant facts.

a.

The duration of the relationship.

b.

The nature and extent of their common residence.

c.

Whether a sexual relationship exists.

d.

The degree of financial dependence or interdependence, and any arrangements for financial support, between them.

e.

The ownership, use and acquisition of their property.

f.

The degree of mutual commitment to a shared life.

g.

The care and support of children.

h.

The reputation and public aspects of the relationship.

Note 2: It is not necessary for a couple to show they meet every circumstance in order to be regarded as living together on a genuine domestic basis. No particular finding in relation to any circumstance is necessary in determining whether two persons have a relationship as a couple.

Note 3: Both the member and the partner are not related by family and both are over the age of consent applicable in the State or Territory in which they live. 

2.

A member may wish to access Defence benefits on the basis that they have a de facto partner. The member may apply for recognition by completing the relevant Defence form.

a.

The member must state in their application the length of time they have lived together with their partner.

b.

The member must attach at least one piece of evidence that demonstrates they are living with their partner on a genuine domestic basis.

Notes:

1. The 'preferred' piece of evidence is a document showing that the member and their partner live together in a home at the member's posting location. For example, a rental agreement or mortgage papers. This sort of evidence is preferred because it could also satisfy the 'normally lives with' test that must be satisfied for categorisation of the member, later in the process. However, evidence of any other relevant circumstances could be provided.

2. The member may choose to provide additional evidence to support their statement of relationship when submitting forms that require dependant information.

3. The member's statement on a form that they are in a de facto relationship is relied on to decide the level of benefits provided to the member and their partner. Any false or misleading statement in connection with a benefit may be investigated and may lead to disciplinary action.

3.

To avoid doubt, an application may be approved in relation to a period immediately preceding the application date.

Note: Approval of a past period may require adjustment of allowances and benefits and this may result in recovery action, with the member or their partner having to repay benefits to Defence or other Commonwealth agencies.

4.

The CDF must accept the member's statement unless it is reasonable to believe there is a need for more information.

5.

The CDF may make any of the following decisions about the application.

a.

The CDF may recognise the couple relationship for Defence benefit purposes.

b.

The CDF may request further information if they consider it is necessary to do either of the following.

i.

Verify the member's statement of relationship on any form that requires information about dependants.

ii.

Recognise dependants in relation to whom the member is applying for categorisation or to change a category.

c.

The CDF may refuse to recognise the couple relationship for Defence benefit purposes. The CDF must provide reasons to the member.

6.

To avoid doubt, where the CDF refuses to recognise the relationship for Defence benefit purposes, the member may not be categorised as a member with dependants on the basis of that relationship. This means they may not receive Defence benefits provided to people defined as dependants (under section 1.3.83) on the basis of that relationship.

Note 1: Even without a de facto partner, a member may still be categorised as a member with dependants on the basis that other dependants live with them, for example, the member's dependant parent, recognised under section 1.3.85.

Note 2: Although a person may not meet the requirements to establish a couple relationship, they may still seek recognition as a CDF-recognised dependant under section 1.3.85.

See: Section 1.3.85, Dependants recognised by CDF

7.

In refusing to recognise a couple relationship for Defence benefit purposes, the CDF must not take into account any factors that are irrelevant to that decision.

Example: The member's rank or employment category, personal choices, religion.

8.

Approval or refusal of an application based on whether or not the member meets the definition in this section is taken to be both of the following.

a.

A decision point which may be the subject of a complaint for redress.

b.

An exercise of discretion.

9.

To avoid doubt, the CDF may decide that a member falls in or out of the definition of a couple relationship even if the member has not provided a statement in an application to show that they meet the definition of a de facto partner.

Example 1: A newly recruited member completes their initial paperwork incorrectly, so they are categorised as a member without dependants. Although not living with their partner during the initial training period, prior to joining the Service the member had been living with their partner on a genuine domestic basis for a number of years, having children together and shared bank accounts. The new recruit may not be able to provide recent evidence of the necessary factors to have dependency recognised. However, in keeping with administrative law principles and having regard to all the relevant factors, the CDF can use their discretion to recognise the couple as de facto partners for Defence benefit purposes.

Example 2: A member is unconscious. The member has made no application for recognition of a dependant. However, the member's partner approaches Defence for assistance. The partner is able to show that they have lived with the member for some years and family and friends recognise the member and their partner as a de facto couple.

10.

The CDF may recognise a de facto relationship if the partners are temporarily separated due to one of the following reasons.

a.

Service reasons.

b.

The member or their partner has an illness or infirmity which prevents them from living together.

c.

Unforseen circumstances.

Example: The partner is caring for their parent in the parent's home for a few weeks while the parent recovers from surgery.

To avoid doubt, if a de facto relationship is recognised on a State or Territory register, then the member does not need to reapply for recognition if the couple move and continue to normally live together as a couple in a State or Territory other than the one in which they were registered.

A member's primary emergency contact is an adult, usually in the member's family, who is nominated as the first contact if the member is assigned a casualty status that needs to be notified to the family.

See: Defence Instruction (General) 11-4, Nominating and recording emergency contact and next of kin information in PMKeyS

Note: This DI(G) contains a definition of 'next of kin' for the purpose of recording relatives on the Defence personnel system. It works differently to the family definitions in this Determination, such as 'nominated family' for leave travel and for funeral benefits, where the next of kin is a dependant or other person the member has nominated.

Spouse, for a member, means a person who is married to the member in accordance with the Marriage Act 1961.

Note: To be considered a dependant of the member for Defence benefit purposes, a spouse must also meet the tests in sections 1.3.83 or 1.3.85.They might need to provide evidence that they live in a home together for the 'normally lives with' test.

See:

Section 1.3.83, Dependants

Section 1.3.85, Dependants recognised by CDF

1.

A member's category is a precondition of their eligibility for Defence-provided benefits. The member must be assessed as meeting the conditions for one of the following categories.

a.

Member without dependants under section 1.3.94.

b.

A member with dependants under section 1.3.95.

c.

A member with dependants (unaccompanied) under section 1.3.96.

Note: This assessment is a decision point even though it may also be used to verify the facts. It helps make sure that the member and any dependants get the special benefits that are available to assist them.

2.

The member may state in an application for categorisation or for benefits that they meet the conditions for one of the categories described in subsection 1.

3.

The member must provide evidence to support an application for categorisation or a change of category.

Note: A member must advise about changes to family circumstances relevant to their eligibility for a category under this Division in accordance with section 1.5.3. This advice must be in writing.

See: Part 5

Section 1.5.3, Change in member's circumstances

Section 1.5.4, Overpayment

4.

If no application has been made by the member or if the CDF is satisfied that there has been a change in the member's circumstances, CDF may take any of the following decisions. The CDF must notify the member of the decision.

a.

A decision that the member is described by one of the categories listed in subsection 1.

b.

A decision about whether the conditions for recognition of a dependant are satisfied.

c.

Any relevant decision about eligibility for benefits for the member or dependant.

Notes:

1. Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

2. Section 56 of the Defence Force Discipline Act 1982 creates a military disciplinary offence for a false statement made in an application for a benefit.

Example: The member moves in with a new partner and forms a de facto relationship, but does not apply for recognition. The CDF recognises that the member's previous relationship has ceased and a new de facto relationship has begun. The member's eligibility for housing benefits is reassessed based on the member's new living arrangements.

5.

Until 30 June 2016 a member may choose to make an application to have a de facto partner recognised as a dependant for the purposes of section 1.3.89 of this Determination, or using the process set out in the Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships.

Related Information: Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships

Note: This means that for the period commencing on 30 March 2016 and ending 30 June 2016 a member can choose to have a de facto relationship recognised through either the Defence Instruction (General) Personnel 53-1, Recognition of interdependent partnerships or in accordance with section 1.3.88 or 89, as relevant.

6.

The CDF may determine the form that is to be used by a person to apply for categorisation or recognition of a relationship for the purpose of eligibility for Defence-provided benefits.

A member without dependants is a member who does not meet conditions for either of the following categories.

a.

A member with dependants under section 1.3.95.

b.

A member with dependants (unaccompanied) under section 1.3.96.

Examples:

1. The member has no ADF-recognised dependants.

2. The member does not intend to ever live in the same house as their family and so the family is not recognised as dependants for Defence benefit purposes.

1.

A member with dependants means a member who normally lives with at least one dependant. This is usually in a home at the posting location. 

2.

To avoid doubt, a member of a dual-serving couple remains a member with dependants if their partner is categorised member with dependants (unaccompanied) and so is only temporarily not living with the member.

Example: A member couple live together in Darwin. One of the members is posted to Melbourne. That member becomes a member with dependants (unaccompanied). The member in Darwin lives alone until the other member returns from the post, but is still eligible to be a member with dependants.

3.

A member who has a dependant recognised under subsection 1.3.85.5 is categorised as a member with dependants until the circumstances on which the dependant was recognised change.

Example: A Service couple are unable to form a common household as a de facto couple because they have not been granted the posting to adjacent locations that they requested. They are recognised as dependants for the period of the posting. However, the couple separate after eight months. From that point on, the interdependency relationship ceases and the two members are no longer recognised as members with dependants.

See: Section 1.3.85, Dependants recognised by CDF

4.

A member with dependants (unaccompanied) is a subset of the category member with dependants.

5.

A member must not apply for member with dependants or member with dependants (unaccompanied) categorisation for a spouse or partner if they already receive Defence benefits or entitlements for another spouse or partner.

Example: A member is married but separated from their spouse. The member's spouse ceases to be a recognised dependant for Defence benefit purposes when the member no longer normally lives with them. The member currently lives with another person. The member must take steps to amend their details to cease benefits for their former spouse and have their new partner recognised for benefit purposes.

1.

A member with dependants (unaccompanied) is a member who meets the conditions set out for that category in Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied).

See: Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied)

2.

The purpose of the member with dependants (unaccompanied) category is described in section 8.3.4.

See: Chapter 8 Part 3 Division 1 section 8.3.4, Purpose of member with dependants (unaccompanied) category

3.

The package provided to a member with dependants (unaccompanied) and their dependants may recognise the additional costs of maintaining dependants in two locations. It may include benefits such as the following. 

a.

Fully-subsidised accommodation for the member at the member's duty location.

b.

Reunion travel, food, utilities, and separation allowances.

c.

Partly-subsidised accommodation for the dependants.

d.

Removal at Commonwealth expense.

See: Chapter 8 Part 3 Division 1 section 8.3.6, Member who may be classified as a member with dependants (unaccompanied)

1.

In Chapters 1 to 17, a reference to a rank is a reference to an Army rank. It includes a reference to the equivalent rank in the Navy and Air Force. This is unless it is made clear otherwise.

Note: This is consistent with long-standing Defence practice whereby Army ranks are used, often followed by the letter (E) for Equivalent rank. To simplify and save space, the text does not include the (E) symbol. Where there is a reference to the three Services, the normal order is followed – Navy, Army, Air Force.

2.

Equivalent rank means the corresponding rank set out under Regulation 8 of the Defence Force Regulations 1952.

1.

A Chaplain who holds a fixed tenure appointment is taken to hold the rank set out in this table.

Item

If a Chaplain's classification is…

then they are taken to have the rank of…

1.

Division 1

Captain

2.

Division 2

Major

3.

Division 3

Lieutenant Colonel

4.

Division 4

Colonel

5.

Division 4 – Head of Denomination

Colonel

6.

Division 5

Brigadier

2.

A Chaplain who holds an indefinite appointment is taken to hold the same rank as an officer on the same rate of salary as the Chaplain.

Note: This section is a deeming provision that allows Chaplains to get pay and conditions, as they hold honorary rank only.

A member must meet certain obligations when they have an entitlement or benefit. This Part sets out those obligations.

1.

A member must provide accurate information in their application.

2.

Defence may take into account information that a member's dependant provides, to ensure that correct benefits are provided in relation to the member's service.

Related Information: Part 3 Division 2 section 1.3.80, Purpose

3.

If a member has claimed a benefit, the CDF may from time to time ask the member to provide information about their relationships and living arrangements.

a.

This information is used to verify the relationships or living arrangements that affect eligibility.

b.

It may also be used to decide which category a member is in and what benefits they and any dependants are eligible for.

Examples: Marriage or registration certificate, birth certificates, life insurance policy that names dependants, household bills, statutory declarations.

4.

Giving false or misleading information is a serious offence.

Notes:

1. Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents. The Criminal Code is a Schedule to the Criminal Code Act 1995.

2. Section 56 of the Defence Force Discipline Act 1982 creates a military disciplinary offence for a false statement made in an application for a benefit.

1.

This section applies if a member or their dependants meet both these conditions.

a.

They have qualified for a benefit.

b.

The circumstances on which they qualified for the benefit change.

Examples: A child leaves home, a new baby is born, a couple relationship ends.

2.

A person who applies for a benefit under this Determination is responsible for informing themselves about the entitlement they are claiming.

3.

The member must notify their Commanding Officer in writing about the change within 14 days after it happens.

Exception: The CDF may accept a notice provided by the member on a later date if satisfied that the delay is reasonable.

Note: This requirement helps the Commonwealth prevent overpayments being made. If a member does not advise about changes, they may receive payments they are not entitled to, which would need to be repaid.

4.

The member must also provide a written notice of the change to the administrator of their type of housing assistance, within 14 days after it happens, as relevant.

a.

For living-in accommodation – Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) at the base where the member is required to live in.

b.

For a Service Residence – Defence Housing Australia.

c.

For rent allowance – Defence Housing Australia.

5.

A member must fill in and provide the relevant form to their Commanding Officer as soon as practicable after any of these events

a.

The number of dependants the member has changes.

Example: The member's de facto relationship is recognised under section 1.3.89, Partner – de facto.

b.

The member is notified of a change of posting location and it is reasonable to expect that the new posting location may result in the member's eligibility for one of the following categories also changing.

i.

Member with dependants.

See: Part 3 Division 2 section 1.3.95, Member with dependants

ii.

Member with dependants (unaccompanied).

See:

Part 3 Division 2 section 1.3.96, Member with dependants (unaccompanied)

Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied)

iii.

Member without dependants.

See: Part 3 Division 2 section 1.3.94, Member without dependants

1.

This section applies if a person has been paid more than the amount they are eligible for.

2.

The person must repay to the Commonwealth the difference between their benefit entitlement and the amount they were paid.

Example: A member is paid vehicle allowance in advance of travel. They do not travel, or they travel less than they expected to. They must repay all or part of the allowance, whichever applies.

Exception: Where tax has been deducted from an amount overpaid and the amount was paid in a previous financial year.

1.

This section applies if a member must repay an overpayment of salary or allowances to the Commonwealth.

2.

The Commonwealth may recover the overpaid amount from the salary and allowances that the member has been – or may be – paid. The Commonwealth still has the right to recover the overpaid amount by other means.

Note: The Public Governance, Performance and Accountability Act 2013 recovery processes are usually used to do this.

1.

This section applies if a member would get a personal benefit from a decision they are authorised to make.

2.

The member must refer the decision to another decision-maker at or above their rank or classification.

1.

This section applies to a member who is eligible for the reimbursement of a payment they made.

2.

The member must provide either of the following as evidence that they made the payment.

a.

Written evidence, including any original receipts.

b.

A statutory declaration if written evidence is not available.

3.

The member must provide the items when they lodge their claim for reimbursement or as soon as practical after that time.

Note: A person who knowingly makes a false statement in a statutory declaration under the Statutory Declarations Act 1959, as amended, is guilty of an offence under section 11 of that Act. They could go to prison for four years.

1.

This section applies if both these conditions are met.

a.

A member's adult dependant is also a member.

b.

Both members have any of the benefits in this table for the same period.

Item

Benefit

Reference

1.

Disturbance allowance

Chapter 6 Part 1 Division 1

2.

Reimbursement for childcare on removal

Chapter 6 Part 1 Division 2

3.

Assistance or reimbursement for home purchase or sale

Chapter 7 Part 3

4.

Reimbursement for loss on sale of furniture and effects

Chapter 6 Part 2 section 6.2.2

5.

Reimbursement for loss on sale of a vehicle

Chapter 6 Part 2 section 6.2.4

6.

Reimbursement for cost of insurance on removal of urgently needed household items

Chapter 6 Part 4 section 6.4.8

7.

Reimbursement for education costs for a child

Chapter 8 Part 4

8.

Reimbursement in place of a child’s scholarship

Chapter 8 Part 4 Division 3

2.

This table sets out how the benefit is provided.

Item

If the members…

then the benefit is provided to
the member who…

1.

jointly nominate one of them to receive the benefit

is nominated.

2.

do not jointly nominate one of them to receive the benefit, and they:

_

a. hold different ranks

has the higher rank

b. hold the same rank

has the greater seniority in the rank.

3.

A member may have a benefit listed in subsection 1 while their adult dependant has a similar benefit that is not under Chapters 1 to 11. In this case, the listed benefit is reduced by the amount of the similar benefit.

Example: A member is eligible for disturbance allowance under Chapter 6 Part 1 Division 1. Their spouse is an APS employee in Defence. The member's eligibility for the allowance is reduced by any amount the adult dependant gets for similar purposes under DECA section H2, Relocation assistance.

Note: The following provisions in other Chapters provide special rules about situations where a member and their adult dependant both have the same eligibility. Those special rules may override this section.

a.

Indemnity for loss or damage arising from removal within Australia.

See: Chapter 6 Part 4, Compensation for loss or damage to items stored or removed

b.

Trainee's dependant allowance.

See: Chapter 4 Part 8 Division 1

4.

WARNING: This section does not apply in relation to housing assistance. Special rules apply to dual entitlement for the following housing benefits – see Chapter 7.