Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument amends the Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1) to respond to the state of housing availability in Townsville.
Administered by: Defence
Registered 07 Mar 2019
Tabling HistoryDate
Tabled HR02-Apr-2019
Tabled Senate02-Apr-2019
Table of contents.

Defence (State of Emergency       – Townsville floods) Amendment Determination 2019 (No. 3)

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

Dated 6 March 2019

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—Amendments                                                                                                                          3

Defence (State of Emergency - Townsville floods) Determination 2019 (No. 1)                       3

 


 

1  Name

                   This instrument is Defence (State of Emergency – Townsville floods) Amendment Determination 2019 (No. 3).

2  Commencement

                   This instrument commences on the day after registration.

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                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments

Defence (State of Emergency – Townsville floods) Determination 2019 (No. 1)

1
Subsection 11.4 (Accommodation)

 

Omit the subsection, substitute:

4.

A member or their dependants may occupy temporary accommodation provided under subsection 1 until the earlier of the following days.

 

a.

The day the member or their dependants occupy one of the following types of accommodation either in Townsville, or in the location where they occupied temporary accommodation.

 

 

i.

A Service residence.

 

 

ii.

Rental accommodation for which they will receive rent allowance.

 

 

iii.

Their own home.

 

b.

The day a decision maker is satisfied that a member is not taking reasonable steps to occupy one of the accommodation types listed in paragraph a.

 

c.

13 April 2019.

2
Subsection 11.5 (Accommodation)

 

Omit the subsection, substitute:

5.

Despite subsection 4, a decision maker may in exceptional circumstances set a later day on which a member or their dependants can occupy temporary accommodation.

3
Subsection 12.2 (Temporary accommodation allowances)

 

Omit the subsection, substitute:

2.

For the purpose of calculating the allowance paid under subsection 1, the member's contribution is as follows.

 

a.

From the commencement of this Determination until the day specified in subsection 11.4 – the rate of contribution is $0.

 

b.

From the day on which subsection 11.4 applies until the day set under subsection 11.5 – the rate of contribution is provided under section 7.5.29 of the Defence Determination.


 

4
Section 13 (Car Hire)

 

Omit the Section, substitute:

 

13   Car Hire

1.

If section 11 applies and a member or their dependants do not have a car available for their use at the location of the temporary accommodation, the member is eligible for the reasonable cost of the hire of a car until the earlier of the following.

 

a.

The day the member or their dependants no longer occupy temporary accommodation.

 

b.

13 March 2019.

2.

Despite subsection 1, a decision maker may determine that a member is eligible for the cost of the hire of a car for a longer period in exceptional circumstances.

3.

If subsection 1 does not apply, a decision maker may approve the reasonable cost of the hire of a car for a member or their dependants having regard to the following.

 

a.

The member or dependants' access to a car for personal use.

 

b.

The duration of the hire of the car.


5
Subsection 14.2 (Travel)

 

Omit the subsection, substitute:

1A.

A member and their dependants are eligible for the cost of travel from the location of the temporary accommodation to Townsville for resettlement purposes.

 

a.

If the travel is air travel, the following applies.

 

 

i.

The travel must be taken at the class of travel specified under section 9.1.9 of the Defence Determination that applied to the member's circumstances.

 

 

ii.

The member is eligible for the reasonable cost of excess baggage.

 

b.

If the travel is by vehicle, the member is eligible for vehicle allowance calculated under section 9.6.25 of the Defence Determination.

2.

A member or their dependants who travel under section 1 or section 1A are eligible for the costs of meals that are payable under section 9.2.31 of the Defence Determination for the duration of the travel.

6
Subsection 15.4 (Relocation of animals)

 

After the subsection, insert:

5.

A member ceases to be eligible for the reimbursement of boarding costs under this section seven days after the member or their dependants occupy one of the following types of accommodation.

 

a.

A Service residence.

 

b.

Rental accommodation for which they will receive rent allowance.

 

c.

Their own home.

7
Section 16 (Agistment of animals)

 

Omit the section, substitute:

 

16   Agistment of animals

1

If a member has an animal that is agisted in Townsville for a regular fee greater than what the member had paid prior to the 31 January 2019, the member is eligible for the difference in the costs of the agistment fees.

2.

A member ceases to be eligible for the difference in the costs of the agistment fees on the earlier of the following dates.

 

a.

Two days after the member’s previous agistment is available.

 

b.

The day the member enters into an arrangement for the permanent agistment of their animals.

 

c.

13 March 2019.

3.

Despite subsection 2, a decision maker may determine that a member is eligible to be reimbursed the difference in the costs of the agistment fees for a longer period in exceptional circumstances.

8
Subsection 17.3 (Living-in accommodation)

 

After the subsection, insert:

4.

Subsection 1 and 2 cease to apply when one of the following apply.

 

a.

The member or their dependants occupy one of the following types of accommodation.

 

 

i.

A Service residence.

 

 

ii.

Rental accommodation for which they will receive rent allowance.

 

 

iii.

Their own home.

 

b.

The member chooses to live in living-in accommodation under section 7.4.9 of the Defence Determination.

9
Subsection 18.2 (Rent allowance)

 

After the subsection, insert:

2A.

The member ceases to be eligible for an additional rent allowance under subsection 2 once the member or their dependants occupy one of the following types of accommodation.

 

a.

A Service residence.

 

b.

Rental accommodation for which they will receive rent allowance.

 

c.

Their own home.

 

d.

The member chooses to live in living-in accommodation under section 7.4.9 of the Defence Determination.

10
Subsection 20.3 (Rejoining dependants)

 

After the subsection, insert:

4.

Benefits provided under this section cease to apply on 13 March 2019.

11
Section 21 (Travel for care-givers)

 

Omit the section, substitute:

 

21   Travel for care-givers

1

The purpose of this section is to provide travel benefits to a member to enable a nominated person to travel to Townsville to provide care and supervision of one or more of the member's dependants who are either children or an adult with special needs.

2

The member is eligible for one of the following for a nominated person to travel from the nominated person's place of residence in Australia to Townsville.

 

a.

An economy class flight to Townville.

 

b.

Vehicle allowance, as calculated under section 9.6.25 of the Defence Determination.

3.

Subsection 2 ceases to apply 28 days after the member or their dependants occupy one of the following types of accommodation in Townsville.

 

a.

A Service residence.

 

b.

Rental accommodation for which they will receive rent allowance.

 

c.

Their own home.

4.

If a member has received a benefit under subsection 2 the member is eligible for one of the following for the nominated person to travel back to their place of residence.

 

a.

An economy class flight to the nominated person's place of residence.

 

b.

Vehicle allowance, as calculated under section 9.6.25 of the Defence Determination.

5.

If the member's nominated person travels by car and the actual distance travelled is greater than the allowable travel time, as defined in section 9.6.7 of the Defence Determination, the member is eligible for the costs of accommodation up to the amount specified in Annex 9.5.A of the Defence Determination that applies to their rank and location for each night of accommodation required by the member's nominated person.

12
Subsection 22.2 (members choice accommodation)

 

After the subsection, insert:

3.

This section ceases to apply when the member or their dependants meet one of the following.

 

a.

They occupy one of the following types of accommodation in Townsville.

 

 

i.

A Service residence other than member choice accommodation.

 

 

ii.

Rental accommodation for which they will receive rent allowance.

 

 

iii.

Their own home.

 

b.

A decision maker is satisfied that a member is not taking reasonable steps to occupy one of the accommodation types listed in paragraph a.

 

c.

They choose to remain in member choice accommodation.

13
Subsection 23.3 (Removal and storage)

 

After the subsection, insert:

4.

A member who has received a removal under this section is eligible for a removal of the furniture and effects which were removed under subsection 2 as follows.

 

a.

Furniture and effects that have been removed to the member's temporary accommodation – from that accommodation to the member's accommodation in Townsville.

 

b.

Furniture and effects that have been removed to an approved store – from that approved store to the member's accommodation in Townsville.

5.

A member is eligible for the removal of furniture and effects in accordance with the following if the removal they received under subsection 4 was to a Service residence that is of a lower classification than what the member would have been eligible for under paragraph 7.6.4.1.b of the Defence Determination.

 

a.

The removal is from the accommodation the furniture and effects were removed to under subsection 4.

 

b.

The removal is to the suitable Service residence the member has accepted under 7.6.33 of the Defence Determination.

 

c.

‘Furniture and effects’ has the same meaning as in Division 2 of Part 5 to Chapter 6 of the Defence Determination.

 

Note: For furniture and effects that are in approved storage – removal benefits are provided under the Defence Determination.

5.

A decision maker may approve the removal of additional furniture and effects if it is reasonable in the circumstances.