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Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service to provide assistance to a member to help minimise the risk to the personal safety of the member and their dependants while at high-risk posting locations overseas and to make some technical amendments to the Division that provides environmental assistance at the posting location overseas.
Administered by: Defence
Registered 09 Jul 2019
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of Service Amendment (Household help and snow clearing assistance) Determination 2019 (No. 19)

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

Dated 9 July 2019

L J MEMMOLO

Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Household help and snow clearing assistance amendments                 

Defence Determination 2016/19, Conditions of service                                                                2

 

 


1  Name

                   This instrument is the Defence Determination, Conditions of Service Amendment (Household help and snow clearing assistance) Determination 2019 (No. 19).

2  Commencement

                   This instrument commences on 11 July 2019.

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                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Defence Determination 2016/19, Conditions of service

1
Section 15.4.4 (Contents)

 

Omit "snow clearing assistance", substitute "support".

2
Chapter 15 Part 4 Division 6 (Household help and snow clearing assistance)

 

Omit the Division, substitute:

Division 6: Household help and support
15.4.26   Purpose

 

The purpose of this Division is to assist a member with the costs of hiring staff for the following reasons.

 

a.

To maintain a household at the overseas posting location.

 

b.

To undertake daily activities in locations where the safety and security of any of the following may otherwise be at risk.

 

i.

The member.

 

 

ii.

The member's dependants.

 

15.4.27   Payment of benefits

 

Benefits provided under this Division are paid by reimbursement.

Note: The member must provide proof of their expenditure.

15.4.28   Benefits not payable

 

A member is not eligible for a benefit under this Division for any of the following.

 

a.

The cost of hiring staff to assist with the member's representational duties.

 

b.

The cost of a service the member has already received a benefit for.

 

c.

The engagement of services that do not comply with local laws.

15.4.29   Household help – member posted before 1 July 2017

1.

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

Note: ‘member posted before 1 July 2017’ is defined in section 12.3.9A.

2.

A member is eligible for the costs of employing a person to help with household tasks if the CDF is satisfied all of the following apply.

 

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 the following criteria.

 

i.

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

 

ii.

The general living conditions at the 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.

15.4.30   Snow clearing

A member occupying free-standing accommodation is eligible for the costs of using commercial snow clearing services if the CDF is satisfied that it is reasonable having regard to 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.

15.4.31    Household support for member safety

 

A member is eligible for the reasonable costs of employing household support if the CDF is satisfied the personal safety of the member or the member's dependants would be at risk without the household support.