The whole of this Instrument.

1 July 2023

1

Subsection 1.2.2.1

Omit “Division 2” wherever occurring, substitute “Division 3”.

2

Subsection 1.2.2.2 (example)

Repeal the example wherever occurring.

3

Subsection 1.2.3 (example)

Repeal the example.

4

Subsection 1.2.4 (example, non-examples and see note)

Repeal the example, non-examples and see note.

5

Subsection 1.2.4.1

Repeal the subsection, substitute:

1.

The definitions under Part 3 applies to each use of the term throughout Chapters 1 to 17, unless specified otherwise.

6

Chapter 1 Part 3

Repeal the Part, substitute:

Accompanied resident family has the same meaning given in section 1.3.14 applies.

Adult child means a person who meets all of the following.

a.

They are between 21 years old and 25 years old.

b.

Immediately before turning 21 years old they were resident family of a member.

c.

Since turning 21 years old, they have continued to live with the member or an adult who is recognised as resident family of the member.  

Act means the Defence Act 1903.

Allowance includes an allowance determined under section 58B or section 58H of the Act, unless expressly stated otherwise.

Approved form means a form approved by the Assistant Secretary People Policy and Employment Conditions by notifiable instrument.

Baggage, for service within Australia, means one of the following.

a.

Personal possessions that either accompany the member or are sent unaccompanied by public transport.

b.

For the purpose of a removal, includes furniture and effects that the member has chosen not to be carried by a contracted removalist.

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

Capital city includes the metropolitan area of a capital city of a State or Territory.

CDF means the Chief of the Defence Force.

Note:  The CDF may authorise another person to act on their behalf.

CDF recognised partner has the same meaning given by section 1.3.38.

Ceasing continuous full-time service includes all of the following.

a.

All forms of termination of service, such as on retirement, retrenchment, and on completing a specified period of service.

b.

The transfer of service from the Permanent Forces.

c.

Ending a period of continuous full-time service as a member of the Reserves.

Child has the same meaning given by section 1.3.35.

Close relative has the same meaning given by section 1.3.2.

Commonwealth includes a Commonwealth body, as defined in section 9 of the Corporations Act 2001.

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.

Note:  It does not matter whether or not the medical officer lives in accommodation provided by the hospital.

Continuous full‑time service is service performed by a member of the Permanent Forces, or a period of by a member of the Reserves for which they are paid the annual rate of salary.

Couple means a member and their partner.

A reference to custody is a reference to civil custody in the absence of a finding of guilt under a Commonwealth law (other than the Defence Force Discipline Act 1982), a State or Territory law, or a foreign law.

Note: Custody does not include military custody.

De facto relationship has the same meaning given by section 1.3.39.

Defence Regulation means the Defence Regulation 2016.

Deployment means warlike or non-warlike service overseas by a member force assigned with a United Nations’ mission or a similar force.

Detention means a punishment of detention imposed on a member who has been convicted of a Service offence under the Defence Force Discipline Act 1982.

DFRT allowance means any relevant allowances, as defined under section 58F of the Act, which is paid on a fortnightly basis.

Doctor means a health professional who is a medical practitioner, including an ADF medical officer, registered under the law of a State or Territory.

Dual entitlement means a benefit that is payable to a both member and their pertner, who is also a member in the same circumstances..

Effective date of posting means whichever is the later of the following.

a.

The commencement date as specified in the member's posting order.

b.

The date the member actually starts duty at their new primary service location.

Emergency means an event that causes, or threatens to cause, any of the following on a Defence establishment.

a.

Death of, or injury or other damage to the health of, any person.

b.

Destruction of, or damage to, any property.

c.

Disruption to essential services.

Note:  This is not limited to naturally occurring events (such as earthquakes, floods or storms), but  would include, for example: fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks,               sieges, riots, acts of terrorism and hostilities by an enemy.

Employment means paid work that includes full-time or part-time work, casual work or self‑employment, but does not include volunteering activities.

Engine capacity – rotary engine means the displacement of the engine, or the rotor comprising the engine, according to the specifications of the engine issued by the manufacturer of the vehicle, which is any of the following 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.

Equivalent rank has the same meaning given by section 1.3.40.

Evacuation order means an order given by the Senior ADF Officer of a Defence establishment to evacuate the establishment in response to an emergency.

Extended housing benefit location has the same meaning given by section 1.3.11.

Family benefit location has the same meaning given by section 1.3.12.

Flexible service determination is a determination made under subsection 23(2) of the Act.

Fortnightly rate, in relation to an annual rate of allowance provided under this Determination, means the amount calculated using the formula in subsection 3.2.7.3.

Gaining location means the housing benefit location in relation to a member’s primary service location.

Guardian or housekeeper means a person who is an adult the CDF is satisfied is acting as a guardian or housekeeper for a member who has a child who is resident family and any of these other conditions are met.

a.

The member has no partner.

b.

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

b.

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

Health professional, means any of the following.

a.

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

b.

Any of the following professionals authorised by the Surgeon General Australian Defence Force to perform an extended role.

i.

Nursing Officer.

ii.

Nurse Practitioner.

iii.

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

iv.

Clinical Manager (CM).

Housing benefit location has the same meaning given by section 1.3.10.

Imprisonment means a punishment of imprisonment imposed on a member who has been convicted of an offence by any of the following judicial, or quasi‑judicial body as defined in section 3 of the Defence Force Discipline Act 1982.

a.

A Service tribunal.

b.

A civil court.

c.

A court of another country.

Initial minimum period of service means the period of service a member must serve following enlistment or appointment, which may result in a service obligation debt under regulation 25 of the Defence Regulation if not completed.

Isolation period, in relation or in response to a public health emergency, means the period a person is required to isolate themself.

Note:  An isolation period may also be known as a quarantine period.

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, but does not include an officer who is a Judge of a court with, or vested with, federal jurisdiction under section 71 of the Commonwealth Constitution or a Judge of a court with State or Territory jurisdiction.

Living-in accommodation means any of the following forms of accommodation.

a.

A barracks or similar kind of residential accommodation owned or controlled by the Commonwealth and provided primarily for the use of members who have no resident family.

b.

Those which are described in paragraph a. that a foreign government or other organisation contracted by the Commonwealth provides.

c.

Those provided by a hospital for a medical officer to occupy during a period of compulsory residency.

d.

Those provided by a seminary or theological college for a Chaplain to occupy when undertaking training at the seminary or theological college.

e.

Those provided by an educational institution for a Maritime Spiritual Wellbeing Officer to occupy when undertaking compulsory post-graduate work experience at the institution.

Live-in carer, in relation to a member, means a person the CDF is satisfied meets all of the following apply.

a.

The person provides care for the member.

b.

The member is required to have the person live with them as a part of the member's rehabilitation plan.

Living out means not occupying a living-in accommodation.

Location of residence, for service within Australia, has the same meaning given by section 1.3.13.

Long‑term posting means one of the following.

a.

For duty within Australia — a period of duty that the member's Service has directed to be for more than 6 months.

b.

For duty overseas — has the same meaning given in section 12.3.10.

Loosing location means one of the following.

a.

For a member who has accompanied resident family and no unaccompanied resident family on their first removal after joining or re-joining the Permanent Forces — the location in Australia of the current or last permanent home of the resident family when they joined or re-joined.

b.

For a member who has no resident family — the location in Australia to which they were last granted a removal.

c.

For any other member — the location in Australia they were last granted a removal for their resident family.

Meal costs include compulsory service charges and taxes, such as GST, and excludes voluntary tips and alcoholic drinks.

Meal period means 1 hour beginning at any of the following times.

a.

0700 hours for breakfast.

b.

1300 hours for lunch.

c.

1900 hours for dinner.

Medical absence means the period for which a member is granted leave under Chapter 5 Part 3 to be absent from duty for health reasons.

Member has the same meaning given under the Act.

Note 1:  Under section 4 of the Act, member includes an officer, sailor, soldier and airman. Under section 58A of the Act, member also includes a person who has ceased to be a member, whether by reason of death or otherwise.

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

Member undergoing recategorisation training has the same meaning given by section 1.3.3.

Month has the meaning given in section 2G of the Acts Interpretation Act 1901.

Non-resident family means recognised family who do are not accompanied resident family or unaccompanied resident family.

Non-Service partner is a member's partner who is not a member.

Non-warlike service means any of the following.

a.

Service in the Defence Force that is of a kind determined to be non-warlike service under section 5C of the Veterans’ Entitlements Act 1986.

b.

Service with a peacekeeping force, as published in the Gazette, as a Peacekeeping Force under section 68(1) of the Veterans’ Entitlements Act 1986.

c.

Service with the Defence Force that is of a kind determined to be non‑warlike service under section 6 of the Military Rehabilitation and Compensation Act 2004.

Nonworking period in relation to a flexible service determination, means the period that is not the member's pattern of service.

Normal departmental liability has the same meaning given by section 9.1.7.

Normal working hours for a member means the hours of duty set by their commander.

Operational area means the specified area in column B of the table in section 17.7.6.

Own home has the same meaning given by section 7.1.14.

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

Partner has the same meaning given by section 1.3.36.

Pattern of Reserve service means the periods that a member of the Reserves has agreed with their supervisor the member would attend for duty.

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

Pay grade means the pay grade for a member under DFRT Determination No. 2 of 2017, Salaries.

Pay to the Commonwealth, in relation to a debt or liability to the Commonwealth that a member incurs, means a member's obligation to pay (or repay) money to the Commonwealth.

Period of prospective service has the same meaning as in section 30(1) in Part 8 of the Military Superannuation and Benefits Act 1991, as repealed by Act No. 135 of 1991 and preserved by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005.

Posting period, for service within Australia, has the same meaning given by section 1.3.4.

Primary emergency contact, for the purpose of notifying the family of a member assigned a casualty status, means an adult who is usually in the member's family nominated as the first contact.

Primary service location has the same meaning given by section 1.3.9.

Private Proficient, in relation to salary, means a Private eligible to be paid salary as a Private Proficient.

Private vehicle means a motor vehicle registered in the name of the member or their resident family that is not a recreational or hobby vehicle.

Public holiday has the meaning given in the following.

a.

In relation to a member performing duty in Australia — section 5.12.1.

b.

In relation to a member performing duty overseas — section 5.12.10.

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

Quarantine residence means a residence, or other form of accommodation, provided for the purpose of undertaking an isolation period (or quarantine period).

Rank, which is not an honorary rank, includes the following unless otherwise specified.

a.

For a Chaplain — division.

b.

For a Maritime Spiritual Wellbeing Officer — class.

Note: Section 1.3 40 provides for equivalent ranks.

Recognised family means any of the following

a.

A member’s partner.

b.

A child of the member or the member’s partner.

Recognised other person has the same meaning given by section 1.3.37.

Refitting port means the port where a seagoing ship or seagoing submarine refit that is not the ship's home port.

Remote location means a location listed in the following.

a.

For the purpose of ADF district allowance — Annex 4.4.A.

b.

For the purpose of additional recreation leave — Annex 5.4.A.

Removal means a removal by a Commonwealth removalist.

A person is required to isolate if one of the following apply.

a.

If the person is in Australia — under a law of any of the following.

i.

A State or Territory.

ii.

A foreign government — before leaving Australia to begin or continue a long‑term posting or short-term duty in that foreign government’s jurisdiction.

b.

If the person is, or accompanying a member, on a long-term posting overseas or short-term duty overseas — under a law of a State or Territory, or a law of a foreign government.

Note:  Isolation may also be known as quarantine.

Reserve service means a period of service performed by a member of the Reserves that is not continuous full-time service.

Resident family means any of the following.

a.

Accompanied resident family.

b.

Unaccompanied resident family.

Restricted destination means any of the following.

a.

Afghanistan.

b.

Democratic People’s Republic of Korea.

c.

Iraq.

d.

South Sudan.

e.

Syria.

f.

Yemen.

g.

A country, or a part of a country, listed by the Department of Foreign Affairs and Trade with an advice level of ‘Do not travel’.

Retirement age has the same meaning as under regulation 23(4) of the Defence Regulation.

Return of service obligation, in relation to specified training, education, experience or special duties, means the period of service that a member is required to complete, which if not completed may result in a service obligation debt under regulation 25 of the Defence Regulation.

Salary means salary paid or payable under DFRT Determination No. 2 of 2017, Salaries.

Seagoing ship means any of the following.

a.

A ship or vessel in commission in the service of the Royal Australian Navy.

b.

Another ship or other vessel approved by the CDF that is under the direction of the Commonwealth or a foreign government.

Seagoing submarine means any of the following.

a.

A submarine in commission in the service of the Royal Australian Navy.

b.

Another submarine approved by the CDF that is under the direction of the Commonwealth or a foreign government.

Serious illness has the same meaning given by section 1.3.4.

Service location has the same meaning given by section 1.3.8.

Service residence means a residence provided to a member under Chapter 7 Part 6.

Ship's home port means the port from which the seagoing ship or seagoing submarine regularly operates for a period of more than 1 year.

Short‑term duty has the same meaning given in section 12.3.18.

Special needs has the same meaning given by section 1.3.6.

Suitable accommodation has the same meaning given by section 1.3.7.

Trainee means a new member of the ADF who meets all of the following.

a.

They receive salary under Schedule B.13 of the Schedule to the DFRT Determination No. 2 of 2017, Trainee salary rates.

b.

They are not a member undergoing recategorisation training.

Training commitment means an obligation under regulation 27 of the Defence Regulation for a member of the Reserves to render service for the purpose of undertaking training.

Travel card means a charge card that the Department of Defence provides to a member to pay accommodation, meal and incidental costs.

Unaccompanied resident family has the same meaning given in section 1.3.20.

Unpaid leave means any of the following.

a.

Leave without pay.

b.

Unpaid maternity leave.

c.

Unpaid parental leave.

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

Warlike service means service with the Defence Force that is of a kind determined under any of the following.

a.

Section 5C of the Veterans’ Entitlements Act 1986.

b.

Section 6 of the Military Rehabilitation and Compensation Act 2004.

1.

Close relative of a member means any of the following people.

a.

Recognised family of a member.

b.

The member’s parent, brother, sister, child, partner.

c.

The parent or child of the member's partner.

d.

If the member's partner is also a member, recognised family of the member's partner.

e.

Any other person approved by the CDF as a close relative of any of the following people.

i.

The member.

ii.

The member’s partner.

2.

For the purpose of paragraph 1.e the CDF must consider all the following.

a.

Any kinship obligations or child-rearing practices of the member’s traditional culture.

b.

Any other relevant factor.

3.

In this section, child means a child of the member, regardless of age.  

Member undergoing recategorisation training means a member who meets both of the following circumstances.

a.

They commence training in a capacity listed in Schedule B.13 to DFRT Determination No. 2 of 2017, Salaries.

i.

For members 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. 2 of 2017, Salaries, other than Schedule B.13.

Note 1:  These members are eligible for salary non-reduction under 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 as defined in section 1.3.1.

1.

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

Note: Posting period for a member on a long-term posting overseas is defined in section 12.3.16.

2.

The member’s duty begins on any of the following days that they arrive at the location.

a.

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

b.

The last day of their paid leave before the day they begin duty.

c.

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

3.

If the member’s resident family are granted a removal to the member’s housing benefit location and arrive there before the member, the posting period starts on the day their resident family arrive.

4.

The member’s duty ends on any of the following days that they leave the location.

a.

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

b.

The last day of their 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.

If the member’s resident family are granted a removal from the housing benefit location and depart after the member, the posting period ends on the day their resident family depart.

6.

In deciding whether 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 of the following.

a.

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

b.

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

c.

The availability of rental accommodation at the location.

d.

Any other factor relevant to the posting.

Note:  The specific provisions in other Chapters regarding the start and stop of particular benefits override this definition.

Serious illness means one of the following.

Item

Seriously ill person

Severity of illness or injury

1.

A member’s close relative under the following.

1. For the purpose of compassionate leave — Chapter 5 Part 9 Division 2.
2. For the purpose of travel for compassionate leave — Chapter 15 Part 3 Division 6.

Life endangerment.

2.

A member under the following Australians dangerously ill scheme.

1. Within Australia — Chapter 9 Part 3 Division 9.
2. Overseas — Chapter 17 Part 4.

Any or all of the following.

a. Life endangerment.

b. Significant disablement.

c.  Material impact on future life.

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

1.

Subject to subsection 2, special needs in relation to one of the following, means a person who the CDF is satisfied has a condition set out in column A of the following table that has been assessed or recognised by the person in column B of the same item.

a.

The member’s resident family.

b.

A person who has an interdependent relationship with the member under paragraph 1.3.37.1.d.

Item

Column A

Condition

Column B

Person who must assess or recognise the condition.

1.

Physical.

A specialist medical practitioner.

2.

Intellectual.

3.

Sensory.

4.

Multiple impairments.

5.

Medical condition, illness or disability.

6.

Speech or language disorders.

One of the following.

1.    A specialist medical practitioner.
2.    A paramedical practitioner.

7.

Social, emotional or behavioural.

8.

Specific learning difficulties.

One of the following.

1.    A specialist medical practitioner.
2.    A psychologist.

9.

They are academically gifted or talented and have achieved a score at or about the 95th percentile on either of the following.

1. Any individual or group IQ test.
2. A subscale of an individual IQ test.

A psychologist with qualification and experience in assessing children.

2.

A member must apply for recognition special needs using the approved form.

3.

A person ceases to have special needs if the circumstances on which the CDF approved the member’s application changes.

Note:  A person may still be recognised as resident family or as a recognised other person if they cease to have special needs recognised.

1.

Suitable accommodation means accommodation that meets all of the following.

a.

It is in the member's service location.

b.

It can accommodate the member, any resident family, and any recognised other persons.

c.

If it is not a rented home or own home — it has the rent band that applies to the member under section 7.6.13.

d.

It is available within a reasonable time.

e.

Accommodation that, in relation to the member’s situation in column A of the following table, is a type of accommodation listed in column B of the same item.

Item

Column A

Member situation

Column B

Type of accommodation

1.

They are one of the following.

1. A member with accompanied resident family.
2. A member who has no resident family but who has an adult child.

Any of the following.

1. The member’s suitable own home.
2. A suitable Service residence.
3. A home for which rent allowance is payable.

2.

The member has unaccompanied resident family.

a. For the member, any of the following.

i.  Suitable living‑in accommodation.

ii.  A rented home for which rent allowance is payable.

iii.  A surplus Service residence.

iv.  Accommodation provided under Part 7.

v.  An appointment, tied or assigned Service residence under Part 6 Division 6.

b. For the unaccompanied resident family the accommodation that was approved as suitable for them to live in at the family benefit location.

3.

The member meets all the following.

a. They are a member with unaccompanied resident family.

b. They have unaccompanied resident family at a location that is not a family benefit location.

Any of the following.

a. Suitable living‑in accommodation.

b. A rented home for which rent allowance is payable.

c. A surplus Service residence.

d. Accommodation provided under Part 7.

4.

A member who has no resident family.

Any of the following.

a. The member’s suitable own home.

b. Suitable living‑in accommodation.

c. A rented home for which rent allowance is payable.

d. A surplus Service residence.

e. Accommodation provided under Part 7.

f. An appointment, tied or assigned Service residence under Part 6 Division 6.

Note:  Section 7.5.2 provides a different definition of Suitable accommodation for the purpose of Chapter 7 Part 5.

Service location, in relation to a member, including a member of the Reserves, means any of the following.

a.

The location where the member is normally expected to provide capability under any of the following.

i.

A posting order.

ii.

An alternate located work agreement.

iii.

A transition location (general) agreement.

iv.

A transition location (medical) agreement.

b.

If the member is posted to any of the following, the ship’s or submarine’s home port.

i.

A seagoing ship.

ii.

A seagoing submarine.

iii.

A flight liable to embark on a seagoing ship.

Primary service location means one of the following.

a.

If the member only has one service location, the service location.

b.

If the member has more than one service location, the location specified in any of the following agreements as the member’s primary service location.

i.

The member’s alternate located work agreement.

ii.

The member’s transition location (general) agreement.

iii.

The member’s transition location (medical) agreement.

Housing benefit location, in relation to a member, means the area comprising of all of the following.

a.

Any area that is within 30 km from the member’s primary service location that can be travelled by vehicle on a public road.

b.

Any area in which a member can travel by public transport in 150 minutes from the member’s primary service location and return for the purpose of commencing duty and returning home after ceasing duty.

c.

An extended housing benefit location under section 1.3.10.

d.

If a member occupies a Service residence that meets all of the following, the location of the Service residence.

i.

The Service residence is not in a location covered by paragraphs a, b, or c.

ii.

The Service residence has been provisioned for members posted to the member’s primary service location.

e.

An area approved for a member participating in one of the following trials.

i.

The Puckapunyal housing trial under section 7.1.16A.

ii.

The flexible housing trail under section 7.1.16B.

f.

An adjacent housing benefit location if the member’s partner is also a member.

Extended housing benefit location for a member means an area extending the housing benefit location described in paragraphs 1.3.10.a. and b. that meets both of the following.

a.

The extension of the housing benefit location has been requested by the member.

b.

The CDF is satisfied that the member’s attendance at their primary service location will not be adversely affected any additional travelling time to their primary service location as a consequence of extending the member’s housing benefit location  

1.

Family benefit location means any of the following that is not in the member’s housing benefit location.

a.

If a member is one of the following — the location to which their resident family received a removal under this Determination.

i.

The member has unaccompanied resident family and no accompanied resident family.

ii.

The member is posted to a seagoing ship or submarine.

iii.

The member has accompanied resident family and no unaccompanied resident family and is deployed for 6 months or longer.

b.

If the member the member was recruited from overseas and has unaccompanied resident family and no accompanied resident family — the location of the member's resident family’s first Australian home.

c.

If all of the following apply — the location the member’s resident family lives.

i.

The member has unaccompanied resident family.

ii.

Before the member had an unaccompanied resident family the member had an accompanied resident family.

iii.

The unaccompanied resident family remain in the location where they were the member’s accompanied resident family.

2.

Despite subsection 1.c, family benefit location does not include the location the member’s resident family live if all the following are met.

a.

Before the member had an unaccompanied resident family the member had an accompanied resident family.

b.

During the period the member had accompanied resident family they lived in a location (the alternate location) approved under an alternate located work agreement.

c.

Before the member’s alternate located work agreement was approved, the member’s resident family did not live in the alternate location.

Location of residence, for service within Australia, means the area comprising of all of the following.

a.

The area that is within 30 km from the member’s residence that can be travelled by vehicle on a public road.

b.

The area in which a member can travel by public transport in 150 minutes from the member’s residence and return.

A person is accompanied resident family of a member if all of the following apply.

a.

The person meets the definition of recognised family under section 1.3.1.

b.

The member has applied for recognition of the person as accompanied resident family on the approved form.

c.

One of the following apply.

i.

The person meets the criteria for a type of accompanied resident family in Subdivision 2: Types of accompanied resident family

ii.

The person is unaccompanied resident family of a dual serving couple under Subdivision 5: Dual serving members.

A person does not ceases to be accompanied resident family of a member if they are temporarily separated from the member 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.

A circumstance in which the CDF is satisfied of the following. 

i.

The reason for the temporary separation is unforeseen.

ii.

The separation is genuinely temporary.

iii.

The person intends to permanently re-join the member within a reasonable timeframe.

A partner of a member is accompanied resident family of a member if they meet any of the following.

a.

They live in a home with the member on a permanent basis.

b.

They are reasonably expected to live in a home with the member.

A child is accompanied resident family of a member if they are reasonably expected to live with the member for at least 90 nights in a year.

Note:  If a member is on a flexible service determination, the member’s nonworking period does not affect the 90 night period when the child stays with the member in the housing benefit location.

A child is accompanied resident family of a member if they are expected to live with the member at their housing benefit location for less than 90 nights a year and the CDF is satisfied that they are not able to meet section (Child 90+ nights) having regard to any of the following.

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.

A child is accompanied resident family of a member if all of the following apply.

a.

The member has accompanied resident family.

b.

The child is absent from the member’s home only because they are undertaking full-time primary, secondary or undergraduate tertiary education.

1.

A person is unaccompanied resident family of a member if all of the following apply.

a.

The person meets the definition of recognised family under section 1.3.1.

b.

The member has applied for recognition of the person as unaccompanied resident family on the approved form.

c.

One of the following apply.

i.

The person meets the criteria for a type of unaccompanied resident family in Subdivision 4: Types of unaccompanied resident family.

ii.

The person is unaccompanied resident family of a dual serving couple under Subdivision 5: Dual serving members.

2.

A member is eligible for the recognition of the resident family as unaccompanied resident family if all of the following apply.

a.

The member’s resident family are children.

b.

The CDF is satisfied that there is an appropriate recognised other person to care for the children.

Note:  ‘Child’ is defined in section 1.3.32.

Resident family cease to be unaccompanied resident family of a member if any of the following apply.

a.

The resident family no longer meets the criteria for a type of unaccompanied resident family in subdivision 4 of this Division.

b.

Subdivision 5 ceases to apply.

c.

The member commences a new posting.

d.

The CDF is satisfied that the member’s resident family no longer meet the purpose of being recognised as unaccompanied.

Note:  The CDF must inform the member of the decision.

Note: Nothing prevents the member from reapplying for recognition of a person as unaccompanied resident family.

Resident family is unaccompanied resident family if all of the following apply.

a.

The member commences a new posting.

b.

Immediately before commencing a new posting, one of the following applies.

i.

The resident family was accompanied resident family of the member.

ii.

The resident family was unaccompanied resident family.

c.

The member resides in their housing benefit location without any accompanied resident family.

Resident family is unaccompanied resident family if all of the following apply.

a.

Immediately before becoming unaccompanied resident family, the resident family was accompanied resident family of the member.

b.

The member meets all of the following.

i.

They are posted to a seagoing ship or seagoing submarine.

ii.

They are granted a removal for their resident family to a family benefit location under section 6.5.21.

iii.

They reside in their housing benefit location without any accompanied resident family.

Resident family is unaccompanied resident family if all of the following apply.

a.

The resident family meets all of the following.

i.

Immediately before becoming unaccompanied resident family, they were accompanied resident family of the member.

ii.

They move away from the member’s housing benefit location.

b.

The member resides in their housing benefit location without any accompanied resident family.

Resident family is unaccompanied resident family if all of the following apply.

a.

The resident family meets all of the following.

i.

Immediately before becoming unaccompanied resident family, they were accompanied resident family of the member.

ii.

During the member’s deployment, they moved to a family benefit location or another location for family support.

b.

The member meets all of the following.

i.

On return from deployment, they do not commence a new posting in Australia.

ii.

They reside in their housing benefit location without any accompanied resident family.

A partner is unaccompanied resident family if all of the following apply.

a.

The CDF is satisfied that the member and their partner are not able to live together due to one of the following.

i.

Service requirements. 

ii.

Court orders relating to a child of the member or of the person.

iii.

Court orders relating to the safety and welfare of a person.

iv.

Compelling reasons that prevent the member and person from living together.

b.

The member resides in their housing benefit location without any accompanied resident family.

Recognised family is unaccompanied resident family if all of the following apply.

a.

The member meets all of the following.

i.

They were recruited from overseas.

ii.

They were moved to Australia at Commonwealth expense.

iii.

They reside in their housing benefit location without any accompanied resident family.

b.

The recognised family’s first home in Australia that is not in the member’s housing benefit location.

1.

Resident family is unaccompanied resident family if all of the following apply.

a.

The CDF is satisfied that there are Service or compassionate reasons to recognise them as unaccompanied resident family, having regard to the following,

i.

The health and welfare of the member and their resident family.

ii.

Any other relevant matter.

b.

The member resides in their housing benefit location without any accompanied resident family.

2.

In making a decision under subsection 1, the CDF must also specify the duration in which the decision is to apply.

A child is unaccompanied resident family of a member if all of the following apply.

a.

The member has unaccompanied resident family.

b.

The child is absent from the member’s home only because they are undertaking full-time primary, secondary or undergraduate tertiary education.

c.

The member resides in their housing benefit location without any accompanied resident family.

This subdivision applies to a member (the first member) who meets all of the following.

a.

The member’s partner is also a member (the second member).

b.

The first member has a different primary service location and housing benefit location than the second member.

If the member’s (the first member) only resident family is their partner (the second member) and the first member is nominated as having unaccompanied resident family the following apply.

a.

The first member is accompanied resident family of the second member.

b.

The second member is unaccompanied resident family of the first member.

If one of the members does not live with any resident family (the first member) and the member’s partner lives with the resident family (the second member) the following apply.

a.

In relation to the first member, their resident family are unaccompanied resident family.

b.

In relation to the second member, their resident family are accompanied resident family.

If both members live with resident family and a member (the first member) is nominated as having unaccompanied resident family, the following apply.

a.

In relation to the first member, their resident family are unaccompanied resident family and they have no accompanied resident family.

b.

In relation to the member (the second member) not nominated as having unaccompanied resident family their resident family are accompanied resident family and they have no unaccompanied resident family.

For the purpose of section 1.3.31 and 1.3.33, the following apply.

a.

A nomination may be made by a member or their partner.

b.

If a nomination is not made, the senior member is taken to be nominated as having unaccompanied resident family.

c.

The classification of the resident family applies regardless of who they live with.

A child of a member or their partner means a person who meets any of the following.

a.

A person under 21 years of age who meets one of the following.

i.

They are, or were before they turned 18 years old, a child of the member or the member’s partner for the purposes of Part 7 Division 1 Subdivision D of the Family Law Act 1975.

ii.

They are, or were before they turned 18 years old, the subject of a permanent care order issued by a court or statutory authority and placed in the member’s or the member’s partner’s care.

b.

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

1.

Partner, in relation to a member, means a person who meets any of the following.

a.

They are in a registered relationship prescribed by the law of a State or Territory with the member.

b.

They are in a de facto relationship with the member.

c.

One of the following applies.

i.

They are married to the member under the Marriage Act 1961.

ii.

They are in a marriage with the member that is recognised under the Marriage Act 1961.

d.

A CDF recognised partner under section 1.3.38.

2.

A person ceases to be a partner if the CDF is satisfied that the person lives separately and apart from the member on a permanent or indefinite basis.

Note 1:  Living separately and apart from the member on a permanent basis is an indication of a breakdown in the relationship.

Note 2:  A member and their partner may cease to be partners even if they continue to reside in the same residence or that either party provides some household services to the other.

1.

Recognised other person, in relation to a member, means any of the following.

a.

An adult child.

b.

A live-in carer.

c.

A guardian or housekeeper.

d.

Subject to subsection 2, a person who has an interdependent relationship with the member if the CDF is satisfied the member and the person have a close personal relationship having regard to the following factors.

i.

The person has a permanent relationship with the member and provides them with a degree of emotional support.

ii.

The living arrangements of the person and if they will live with the member.

iii.

The person inability of the person to live with the member because of an intellectual, physical or psychiatric disability.

iv.

The financial support provided to the person by the member.

v.

The interdependent support and personal care provided to the member or the person.

2.

A person must not be recognised as being in an interdependent relationship under paragraph 1.d if the CDF is satisfied that any of the following circumstances apply.

a.

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

b.

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

c.

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

CDF recognised partner means a person who meets one of the following.

a.

They meet all of the following.

i.

The person would be able to be recognised as being in a de facto relationship with the member if they were living together.

ii.

The member and the person are not able to live together due to Service requirements only. 

b.

The person would be in a de facto relationship if they lived with the member, but are unable to because of one of the following.

i.

Court orders relating to a child of the member or of the person.

ii.

Court orders relating to the safety and welfare of a person.

iii.

Compelling reasons that prevent the member and person from living together.

1.

De facto relationship means a relationship between the member and another person that is, in the CDF’s opinion, a de facto relationship.

Note:  De facto relationship is defined by section 2F of the Acts Interpretation Act 1901.

2.

A member must use the approved form to apply for recognition of a de facto relationship.

3.

A de facto relationship may be recognised under subsection 1 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.

A circumstance where the CDF is satisfied of the following. 

i.

The reason for the temporary separation is unforeseen.

ii.

The separation is genuinely temporary, and the CDF is satisfied that the person intends to permanently re-join the member within a reasonable timeframe.

Note:  This subsection cannot apply to a relationship where the couple have never lived together.

4.

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.

1.

A reference to an Army rank includes a reference to the equivalent of a rank in the Navy and Air Force as set out in Schedule 1 of the Act, unless specified otherwise.

2.

A reference to a rank in column A of the following table includes a Chaplain classification in column B or a Maritime Spiritual Wellbeing Officer classification in column C of the same item.

Item

Column A

Rank

Column B

Chaplain classification

Column C

Maritime Spiritual Wellbeing Officer classification

1.

Captain

Division 1

Class 1

2.

Major

Division 2

Class 2

3.

Lieutenant Colonel

Division 3

Class 3

4.

Colonel

Division 4

Class 4

5.

Brigadier

Division 5

Class 5

Time is expressed using a 24-hour clock system.

For the purpose of the Fringe Benefits Tax Assessment Regulations 2018, a dependant of a member means any of the following.

a.

A person who is resident family of the member.

b.

A recognised other person.

7

Chapter 1 Part 4

Repeal the Part.

8

Subsection 1.5.2.2

Omit “dependant provides,”, substitute “recognised family or recognised other person provides”.

9

Subsection 1.5.2.2 (related information)

Repeal the related information.

10

Paragraph 1.5.2.3.b

Omit “dependants”, substitute “recognised family or recognised other person”.

11

Subsection 1.5.3.1

Omit “or their dependants”, substitute “, recognised family or a recognised other person”.

12

Subsection 1.5.3.5

Repeal the subsection, substitute:

5.

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

a.

The number of people in the member’s recognised family changes or recognised other person.

b.

The member is notified of a change of service location and it is reasonable to expect that any of the following may change in the new service location.

i.

The member has accompanied resident family.

ii.

The member has unaccompanied resident family and no accompanied resident family.

iii.

The member has no recognised family or other recognised persons.

13

Section 1.6.1 (heading)

Omit “adult dependant”, substitute “partner”.

14

Paragraph 1.6.1.1.a

Omit “adult dependant”, substitute “partner”.

15

Subsection 1.6.1.3

Omit “adult dependant”, substitute “partner”.

16

Subsection 1.6.1A.2

Repeal the subsection, substitute:

2.

The member may nominate, in writing, their partner to pay contributions owed by the member if all of the following conditions are met.

a.

Their partner is also a member.

b.

Their partner has consented in writing to make the contributions on the member’s behalf.

Note 1: Their partner may revoke consent at any time.

Note 2:  Contributions are to be paid through the Department of Defence pay system.

Note 3:  If the contribution is not paid by their partner, the contribution may be recovered from the member as a debt owed to the Commonwealth.

17

Subsection 1.6.2.1

Omit “adult dependant”, substitute “partner”.

18

Paragraph 1.6.4.1.a

Omit “dependants”, substitute “recognised family”.

19

Subparagraph 1.6.4.1.b.i

Omit “dependant”, substitute “recognised family”.

20

Subsection 1.6.4.2

Repeal the subsection, substitute:

2.

The amount may be payable to more than one of the member’s recognised family if the CDF is satisfied of the losses each person suffers through the loss of the member’s earnings.

21

Subsection 1.7.4.6

Omit “dependants”, substitute “resident family”.

22

Subsection 1.7.16.4

Omit “dependants”, substitute “resident family or recognised other persons”.

23

Subsection 1.7.16.6

Omit “dependants”, substitute “resident family”.

24

Subsection 1.7.16.8

Omit “posting location”, substitute “service location”.

25

Paragraph 1.7.24.1.b

Omit “posting location”, substitute “service location”.

1

Paragraph 4.4.5.1.a

Repeal the paragraph, substitute:

a.

Their primary service location is a remote location.

2

Subsection 4.4.7.1

Repeal the subsection, substitute:

1.

Subject to subsection 2, the member is eligible to receive ADF district allowance for one of the following periods.

a.

If the member’s primary service location is a remote location ― the following period.

i.

Starting on the later of the day the member commences duty in the location or the day the member arrives in the location.

ii.

Ending on the day before they leave the location.

b.

If the member is serving on temporary duty at a remote location for a continuous period of more than 21 days ― the following period.

i.

Starting on the day the member begins the period of temporary duty.

ii.

Ending on the day before they leave the location.

3

Subsection 4.4.9.1, table

Repeal the table, substitute:

Item

Column A

Condition

Column B

Location grade

Column C

Rate

($)

1.

A member who lives in.

A

1,055

B

3,010

C

3,765

D

5,275

E

6,030

2.

A member who meets all of the following.

1. They have accompanied resident family.
2. They live out.
3. Item 3 paragraph a. of this table does not apply.

A

3,015

B

8,605

C

10,760

D

15,070

E

17,225

3.

Any of the following.

a. A member who has accompanied resident family who lives out and at least one of their accompanied resident family meet all of these conditions.

i. They are an ADF member or an APS employee in Defence.

ii. They are paid ADF district allowance or district allowance under the Defence Enterprise Agreement 2017-2020 as in force on 16 August 2017.

b. A member who meets all of the following.

1. They have unaccompanied resident family.
2. They have no accompanied resident family.
3. They live out.

c. A member with no resident family who lives out.

d.  A member of the Reserves who is undertaking Reserve Service and who is required to live out.

A

1,510

B

4,305

C

5,380

D

7,535

E

8,615

4

Paragraph 4.4.9.2.b

Omit “dependants”, substitute “of their resident family”.

5

Paragraph 4.4.11.1.c

After the paragraph, insert:

d.

They have an approved alternate located work agreement and they are required to attend for duty in the location to which they are posted for duty.

6

Subsection 4.4.11.2, table item 2

Omit the table item, substitute:

2.

Has unaccompanied resident family who stays at the remote location for the duration of the absence.

more than 30 days.

7

Subsection 4.4.11.2, table item 3

Omit the table item, substitute:

3.

meets both of the following:

a. one of the following applies:

i. they have unaccompanied resident family

ii. they have no resident family living at the remote location

b. they perform temporary duty is in another remote location

more than 30 days.

8

Section 4.4.12 (table)

Omit “dependants”, substitute “resident family”.

9

Section 4.4.14

Repeal the section, substitute.

1.

This subsection applies if a member’s primary service location changes from one remote location to another remote location.

2.

This section does not apply to a member who meets all of the following.

a.

The member is approved an alternate located work agreement to a remote location.

b.

One of the following apply.

i.

The member's resident family join the member in the remote location.

ii.

The member's resident family already live in the remote location and the location is a location where benefits are not provided. 

c.

The member’s primary service location changes, and their resident family remain in the remote location.

3.

The member is eligible for ADF district allowance at the rate for the previous primary service location until the beginning of their period at the new primary service location.

4.

Despite subsection 3, subsection 5 applies if a member meets all of the following.

a.

Their primary service location changes from one remote location to another remote location.

b.

They have unaccompanied resident family because their resident family remain in the first remote location.

a.

Their primary service location changes from one remote location to another remote location.

b.

They have unaccompanied resident family because their resident family remain in the first remote location.

5.

The member is eligible for ADF District allowance at the rate that is the greater of the following.

a.

The rate the member received at the remote location that was the member’s primary service location before they were posted.

b.

The rate the member would receive at the remote location which is their new primary service location if they were a member who had accompanied resident family at that that location.

10

Section 4.4.15

Repeal the section, substitute.

1.

This section applies if a member meets all these conditions.

a.

The member’s primary service location changes from a remote location to another location that is not a remote location.

b.

They have unaccompanied resident family because their resident family remain in the remote location.

2.

This section does not apply to a member who meets all of the following.

a.

The member is approved an alternate located work agreement to a remote location.

b.

One of the following apply.

i.

The member's resident family join the member in the remote location.

ii.

The member's resident family already live in the remote location and the location is a location where benefits are not provided. 

c.

The member’s primary service location changes, and their resident family remain in the remote location.

3.

The member is eligible for ADF district allowance for the period their resident family stay at the remote location.

11

Subsection 4.4.16.1

Omit “member with dependants”, substitute “member who has accompanied resident family and no unaccompanied resident family”.

12

Paragraph 4.4.16.2.b

Omit “for a member with dependants”, substitute “under section 4.4.9 table item 2”.

13

Subsection 4.4.16.2.c

Omit “dependants”, substitute “resident family”.

14

Subsection 4.4.19.2

Omit “dependant”, substitute “of their resident family”.

15

Paragraph 4.6.7.1.a

Omit “posting location”, substitute “service location”.

16

Subsection 4.7.4.2

Repeal the subsection, substitute:

2.

The CDF may approve the payment or reimbursement of costs for the following expenses that are directly related to the member's representational duties.

a.

The purchase of civilian clothing for the member or the member's resident family.

b.

The hire of civilian clothing for the member or the member's resident family.

c.

Laundry and dry cleaning costs.

d.

Babysitting costs for a child who is the member’s resident family if any of the following are attending a representational activity.

i.

The member and their partner.

ii.

If the member does not have a partner, the member.

17

Subsection 4.7.5.2

Omit “recognised dependants”, substitute “resident family”.

18

Paragraph 4.7.6.a

Omit “dependants”, substitute “resident family”.

19

Paragraph 4.8.6.2.a

Omit “dependant”, substitute “resident family”.

20

Section 4.8.8

Repeal the section, substitute:

If the trainee's partner is a member and is also eligible for the trainee's dependant allowance, the rate for each member is one of the following.

a.

If the trainee and their partner have the same rate of salary — half the difference between their individual rate and the salary of a Private in Pay Grade 1.

b.

If the trainee and their partner have different rates of salary — half the difference between the lower individual rate and the salary of a Private in Pay Grade 1.

21

Subsection 4.10.2.b

Omit “a dependant”, substitute “their resident family”.

1

Paragraph 5.4.17.1.c (note c)

Repeal the paragraph.

2

Subsection 5.7.5.1 (note)

Omit “a recognised dependant”, substitute “recognised as resident family”.

3

Subparagraph 5.7.6A.1.b.i

Omit “a dependant of the member”, substitute “a member’s resident family”.

4

Subsection 5.7.7.1 (notes)

Omit “dependant of the member”, substitute “member’s resident family”.

5

Paragraph 5.10.4.3.g

Omit “dependants”, substitute “resident family, recognised family or recognised other persons”.

6

Paragraph 5.10.5.1.c

Repeal the paragraph, substitute:

c.

The member is granted a period of leave without pay to accompany their partner to a new housing benefit location.

7

Paragraph 5.10.6.3.a

Omit “or dependants if they”, substitute “, their resident family or recognised other persons if the member”.

8

Paragraph 5.10.6.3.c

Omit “or their dependant”, substitute “, their resident family, or their recognised other persons”.

9

Paragraph 5.11.13.b

Repeal the paragraph, substitute:

b.

Supervise a child who is recognised as resident family, recognised family or as a recognised other person and is required to isolate themself.

10

Subsection 5.11.15.1

Repeal the subsection, substitute:

1.

Subject to subsection 2, a member is eligible for a short absence from duty if they are required to supervise any of the following persons who required to complete an isolation period.

a.

A person who is the member’s resident family.

b.

A person who is a recognised other person.

11

Section 5.11.17

Repeal the section, substitute:

This Division applies to a member who has a child who meets all of the following.

a.

The child is recognised as resident family.

b.

The child attends one of the following.

i.

A secondary school.

ii.

A primary school.

iii.

A pre-school.

iv.

A kindergarten.

v.

A child care provider.

12

Paragraph 5.11.18.1.a

Omit “The dependant is”, substitute “Their resident family or recognised other person are”

13

Paragraph 5.11.18.1.b

Omit “the dependant”, substitute “their resident family or recognised other person”

14

Subsection 5.11.18.2

Omit “dependant’s”, substitute “resident family’s or recognised other person’s’”

15

Subsection 5.11.18.4

Omit “the dependant”, substitute “their resident family or recognised other person”

16

Subsection 5.12.1.3

Omit “posting location”, substitute “primary service location”.

17

Section 5.13.4

Repeal the section, substitute:

1.

This section applies to a member who meets all of the following.

a.

The member is on leave.

b.

The member has not left their housing benefit location.

c.

The member is recalled to duty.

2.

The member has not eligibility to recall costs.

18

Section 5.13.5.1.b

Omit “posting location”, substitute “housing benefit location”.

19

Subsection 5.13.5.2

Repeal the subsection, substitute:

2.

A member is eligible for a payment set by the CDF towards the following costs associated with the recall.

a.

For the journey from the leave location to the place of duty and return, all of the following.

i.

Transportation costs.

Note:  This travel is duty travel.

ii.

Meal expenses.

iii.

If an overnight break is necessary — accommodation costs.

b.

If the member is a parent, and their resident family and recognised other persons travel with the member, all of the following for the resident family and recognised other persons.

i.

Transportation costs.

ii.

Meal expenses.

iii.

If an overnight break is necessary — accommodation costs.

c.

Other holiday items that the member had paid for but was not able to benefit from due to the recall.

d.

Other unavoidable costs associated with the recall from leave.

20

Paragraph 5.13.6.1.a

Omit “posting location”, substitute “housing benefit location”.

21

Subsection 5.13.6.2

Repeal the subsection, substitute:

2.

A member is eligible for an amount set by the CDF towards the following costs associated with the recall.

a.

For the member’s return to their place of duty all of the following

i.

Additional travel costs that were not an expected or an ordinary part of the member’s return to duty.

ii.

Meal expenses.

iii.

If an overnight break is necessary — accommodation costs.

b.

If the member’s resident family and recognised other persons travel with the member, all of the following for the resident family and recognised other persons.

i.

Additional travel costs that were not an expected or an ordinary part of the member’s return to duty.

ii.

Meal expenses.

iii.

If an overnight break is necessary — accommodation costs.

c.

Other holiday items that the member had paid for but was not able to benefit from due to the recall.

d.

Other unavoidable costs associated with the recall from leave.

1

Section 6.1A.1

Omit “dependants”, substitute “resident family and recognised other persons”.

2

Section 6.1A.2 (definition of essential household item)

Omit “or their dependants”, substitute “, their resident family or a recognised other person”.

3

Section 6.1A.2 (definition of private vehicle)

Omit “or their dependant”, substitute “, their resident family, or a recognised other person”.

4

Section 6.1A.2 (definition of towable item)

Omit “or their dependant”, substitute “, their resident family, or a recognised other person”.

5

Subparagraph 6.1.4.b.i

Repeal the subparagraph, substitute:

i.

They are a member who has unaccompanied resident family and no accompanied resident family, or a member with no resident family or recognised other persons.

6

Section 6.1.4 (note)

Omit “their adult dependant”, substitute “an adult who is recognised as resident family”.

7

Paragraph 6.1.5.d

Repeal the paragraph, substitute:

d.

They are moving to another home because the combined total of resident family and recognised other persons has changed.

e.

They meet all of the following.

i.

They are a member who has unaccompanied resident family and no accompanied resident.