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Determinations/Other as made
This determination amends the Defence Determination 2016/19, Conditions of service to provide reimbursement of snow clearing expenses to a member posted overseas after 1 July 2017, to restructure overseas household help provisions to provide better clarity to the member of their benefits, and to remove notes and examples from overseas household help provisions that have no legal effect.
Administered by: Defence
Registered 01 Nov 2018
Tabling HistoryDate
Tabled Senate12-Nov-2018
Tabled HR26-Nov-2018
Table of contents.

Defence Determination, Conditions of Service Amendment (Household help and snow clearing) Determination 2018 (No. 39)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated   31 October 2018

F L McSPEERIN

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 

 

 


Contents

1......... Name............................................................................................................................... 2

2......... Commencement............................................................................................................... 2

3......... Authority......................................................................................................................... 2

4......... Schedules......................................................................................................................... 2

Schedule 1—Household help and snow clearing amendments                                             3

Defence Determination 2016/19, Conditions of service                                                                 

 Schedule 2—Snow clearing – transitional provision                                                                 5

Defence Determination 2016/19, Conditions of service                                                                 

 


 

1  Name

                   This instrument is Defence Determination, Conditions of Service Amendment (Household help and snow clearing) Determination 2018 (No. 39).

2  Commencement

                   This instrument commences on 1 November 2018.

3  Authority

                   This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 


Schedule 1Household help and snow clearing amendments

Defence Determination 2016/19, Conditions of service

 

1
Section 15.4.4 (Contents)

 

Omit "Household help – member posted before 1 July 2017", substitute "Household help and snow clearing assistance".

2
Chapter 15 Part 4 Division 6 (Household help – member posted before 1 July 2017)

 

Omit the Division, substitute:

 

Division 6: Household help and snow clearing assistance

15.4.26   Purpose

 

The purpose of this Division is to provide a member with financial assistance towards costs incurred at their home as a result of their posting overseas.

15.4.27   Household help – member posted before 1 July 2017

1.

This section applies to a member posted before 1 July 2017.

2.

The CDF may reimburse the member the cost of employing a person to help with household tasks up to a reasonable limit set by the post administrator. The CDF must be satisfied that all of the following are met.

 

a.

The help enables the member to perform their official duties more effectively and efficiently.

 

b.

The cost of the help is reasonable having regard to all the following.

 

i.

The costs normally paid for this help at the posting location.

 

ii.

The general living conditions at the long-term posting location.

 

iii.

The number and age of the member’s dependants.

 

iv.

Local social and religious customs or laws.

 

v.

Any special features of a residence that the Commonwealth provides the member.

 

c.

The help is not for a task that is required due to normal use and wear on the home.

3.

If the member is already receiving an allowance that includes an amount for payment of a cost that could otherwise be reimbursed under this section, then they must not be reimbursed for that cost under this section.

4.

A member who incurs costs when carrying out representational duties is not eligible to be reimbursed under this section.

15.4.28   Snow clearing

1.

The CDF may approve a member to be reimbursed the cost of using commercial snow clearing services. The member must occupy a free-standing residence.

2.

The CDF must consider all the following.

 

a.

The amount of snowfall at the member’s posting location.

 

b.

The period of the year that snow persists on the ground at the location.

 

c.

Any legal obligation for the member to clear snow from footpaths and other public thoroughfares adjacent to the member’s residence.

 

d.

The general community practice on snow clearing at the location.

 

e.

Any other factor relevant to snow clearing at the location.

3.

If approved, the member is eligible to be reimbursed the costs they paid for those services.

 

 

 


Schedule 2Transitional – snow clearing

Defence Determination 2016/19, Conditions of service

1
Snow clearing – transitional provision

1.

This section applies to a member for whom both the following applied between 1 July 2017 and the commencement of this Determination.

 

a.

The member was on a long-term posting overseas.

 

b.

The member would have been approved an amount for snow clearing under section 15.4.28 of Defence Determination 2016/19, Conditions of service, had Schedule 1 of this Determination been effective.

2.

The member is eligible to be reimbursed the difference between the following.

 

a.

The amount of snow clearing benefit the member would have been approved to be reimbursed had Schedule 1 of this Determination been effective between 1 July 2017 and the commencement of this Determination.

 

b.

The amount the member was reimbursed for snow clearing between 1 July 2017 and the commencement of this Determination.