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Determinations/Other as made
This determination provides a payment to the parents of a member of the Australian Defence Force (ADF) who are granted leave to appear at a coronial inquest in recognition of the reasonable expenses of travel and legal representation that they incur in connection with that process.
Administered by: Defence
Registered 29 Apr 2021
Tabling HistoryDate
Tabled HR11-May-2021
Tabled Senate11-May-2021
To be repealed 01 Apr 2022
Repealed by Self Repealing
Table of contents.

Commonwealth Coat of Arms of Australia

 

Defence Determination, Individual Assistance for Attendance at a Coronial Inquest Determination 2021

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

Dated   23 April 2021

Fiona Louise McSpeerin

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—Benefit                                                                                                      2

Schedule 2—Repeal                                                                                                      4

 

 


1  Name

This instrument is the Defence Determination, Individual Assistance for Attendance at a Coronial Inquest Determination 2021.

2  Commencement

This instrument commences on the day after it is registered.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

1
Definitions

 

In this Determination:

 

Coronial inquest means the New South Wales Coroners Court coronial inquest referred to as 2017/216798.

 

Decision maker means Director Select Strategic Issues Management.

 

Eligible person means person in any of the following classes:

 

a.

A parent of the member of the ADF whose death is the subject of the coronial inquest.

 

b.

A person whose role it is to support a person approved under paragraph a.

2
Travel costs

1.

An eligible person is eligible for travel costs for travel taken on or after 1 September 2020 if the decision maker is satisfied the travel is necessary to assist an eligible person to attend the coronial inquest.

2.

Subject to subsection 3, travel costs includes all of the following:

 

a.

The cost of travel from the eligible person’s home to the city in which the coronial inquest is being held and return.

 

b.

The cost of accommodation.

 

c.

The cost of meals and incidentals.

 

d.

The cost of local travel between the eligible person’s accommodation and the venue in which the Court of Inquiry is being held.

3.

If the eligible person usually lives in the same city in which the coronial inquiry is being held, travel costs do not include costs under subsection 2.a or 2.b.

4.

Travel costs must not exceed the amount a member of the ADF holding a rank of Colonel or lower would be eligible for if they were travelling on duty.

3
Costs for legal advice and representation

1.

An eligible person who chooses to be represented in the coronial inquest is eligible for the cost of legal advice and representation received on or after 1 September 2020 if the decision maker is satisfied the costs are reasonable.

2.

In deciding whether a cost for legal advice and representation is reasonable, the decision maker must have regard to the following:

 

a.

Any guidance on costs provided by the Office of Legal Services Coordination.

 

b.

The Commonwealth Legal Financial Assistance Schemes – Assessment of Costs dated July 2012, published by the Attorney General’s Department.

3.

A cost for legal advice and representation must not be paid if it relates to any other legal matter.

4
Payment

 

A benefit provided under this Determination may be made to the eligible person or to the service provider.

Schedule 2—Repeal

1
Repeals

 

This Determination is repealed on 1 April 2022.