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Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22)

Authoritative Version
Determinations/Other as made
This instrument amends the Defence Determination 2016/19, Conditions of service to contemporise the rules relating to the recognition of dependants in certain circumstances. Specifically, the rules relating to the recognition of a person who could be recognised as a dependant if they lived with the member, but for certain reasons is unable to. It also makes new provisions for the categorisation of these members as a member with dependants (unaccompanied) and makes provisions in relation to their housing benefits.
Administered by: Defence
Registered 14 Oct 2020
Tabling HistoryDate
Tabled HR19-Oct-2020
Tabled Senate09-Nov-2020
Table of contents.
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Commonwealth Coat of Arms of Australia

 

Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22)

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

Dated   13 October 2020

J L STATTON

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—CDF recognised dependants amendments                                           2

Defence Determination 2016/19, Conditions of service                                                                2

Schedule 2—Savings provisions                                                                                   4

 

 

1  Name

This instrument is the Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22).

2  Commencement

This instrument commences on 15 October 2020.

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—CDF recognised dependants amendments

Defence Determination 2016/19, Conditions of service

1
Subsection 1.3.85.5 (Dependants recognised by CDF)

 

Omit the subsection, substitute:

5.

A person may be recognised as a dependant of a member if the CDF is satisfied that all of the following apply.

 

a.

The person would be a dependant of the member if they normally lived with the member.

 

b.

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

5A.

A person may be recognised as a dependant of a member if all of the following are met.

 

a.

The person would be a dependant of the member if they normally lived with the member.

 

b.

The member and the person are not able to normally live together due to one of the following.

 

 

i.

Court orders relating to children.

 

 

ii.

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

 

 

iii.

Compelling reasons.

 

c.

The CDF is satisfied that it is reasonable in the circumstances to recognise the person as a dependant of the member.
2
Subsection 1.3.95.3 (Member with dependants)

 

Omit the subsection.
3
Paragraph 7.6.29.1.d (Members with dependants (unaccompanied) eligibility in two locations)

 

After the paragraph, insert:

 

e.

All of the following apply.

 

 

i.

The member’s dependant was recognised by the CDF as a dependant under subsection 1.3.85.5A.

 

 

ii.

The member and the dependant have not normally lived together since the dependant was recognised under subsection 1.3.85.5A.
4
Paragraph 7.8.6.5.d (Member not eligible)

 

After the paragraph, insert:

 

e.

All of the following apply.

 

 

i.

The member’s dependant was recognised by the CDF as a dependant under subsection 1.3.85.5A.

 

 

ii.

The member and the dependant have not normally lived together since the dependant was recognised under subsection 1.3.85.5A.
5
Paragraph 8.3.5.a (Members who may not be categorised as a member with dependants (unaccompanied)), exception

 

Omit “for Service reasons".
6
Paragraph 8.3.5.c (Members who may not be categorised as a member with dependants (unaccompanied))

 

Omit the paragraph.
7
Subsection 8.3.6.4 (Member who may be categorised as a member with dependants (unaccompanied))

 

After the subsection, insert:

4A.

Subject to subsection 5, a member is a member with dependants (unaccompanied) if they meet all of the following.

 

a.

The member’s dependant was recognised as a dependant under one of the following.

 

 

i.

Subsection 1.3.85.5.

 

 

ii.

Subsection 1.3.85.5A.

 

b.

The member does not normally live with the dependant.
8
Subsection 8.3.6.5 (Member who may be categorised as a member with dependants (unaccompanied))

 

Omit the subsection, substitute:

5.

If a member’s dependant is another member, the members are categorised as follows.

 

a.

If one of the members lives with all the members’ dependants, the member not living with a dependant is categorised as a member with dependants (unaccompanied).

 

b.

If neither member is living with a dependant, or both members are living with dependants, either of the follow applies.

 

 

i.

If the members elect, the member elected to be member with dependants (unaccompanied) is categorised as member with dependants (unaccompanied).

 

 

ii.

If the members do not elect, the senior member is categorised as member with dependants (unaccompanied).

Schedule 2—Savings provisions

1  Member with dependants

 

A member who was a member with dependants before the commencement of this determination will continue to hold that categorisation until the member’s circumstances change in a manner that would result in either of the following.

 

a.

The member’s categorisation changing.

 

b.

The member being required to apply for categorisation.
2  Member with dependants (unaccompanied)

 

A member who was a member with dependants (unaccompanied) before the commencement of this determination will continue to hold that categorisation until the member’s circumstances change in a manner that would result in either of the following.

 

a.

The member’s categorisation changing.

 

b.

The member being required to apply for categorisation.