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Defence (Employer Support Payment Scheme) Determination 2023
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Administered by
Department of Defence
This item is authorised by the following title:
Defence Act 1903
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F2024C01079 (C01)
24 October 2024
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Part 1: Preliminary
Division 1: Introduction
1.1.1 Name
1.1.3 Authority
1.1.4 Schedules
Division 2: General
1.1.5 Purpose
1.1.6 Persons this Determination applies to
1.1.7 Forms
1.1.8 References to rules in other instruments
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Part 2: Definitions
2.1.1 Purpose
2.1.2 Definitions
2.1.3 Days that are included in a period of continuous defence service
2.1.4 When is a member employed in full-time work, part-time work or is a regular casual employee
2.1.5 When is a business related to a member
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Part 3: Support payments
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Division 1: General
3.1.1 Purpose
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Division 2: Applying for support payments
3.2.1 How to apply
3.2.2 When to apply
3.2.3 Member applicant with more than one business
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Division 3: When can a support payment be made to an employer applicant
3.3.1 When can a support payment be made to an employer applicant
3.3.2 Information that must be provided — employer applicant
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Division 4: When can a support payment be made to a member applicant
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Subdivision 1: General
3.4.1 When can a support payment be made to a member applicant
3.4.2 Establishing principal source of income
3.4.3 Establishing principal source of employment
3.4.4 Information that must be provided — member applicant
Subdivision 2: Working out the income a member applicant receives from a business
3.4.5 Meaning of income
3.4.6 When income is received
Division 5: Which absences can be counted when determining amount of payment
3.5.1 Working out if an absence can be counted when determining amount of payment
3.5.2 Absences that are not counted when determining payment
Division 6: Working out the amount of support payment
3.6.1 Amount payable where member is employed by one employer
3.6.2 Amount payable where member is employed by more than one employer
3.6.3 Maximum support payments payable
3.6.4 Payment when member has not worked 3 months in the applicant’s business
3.6.5 Amount payable – member who is a medical officer
Division 7: When support payments are made for specified capabilities
3.7.1 Purpose
3.7.2 Payment rate for specified capabilities
3.7.3 Support payment in modified circumstances
3.7.4 Change of criteria or limits for specified payment
Division 8: Finalising applications
3.8.1 Deciding on an application for a support payment
3.8.2 Applicant must be given notice of decision on an application
3.8.3 When a support payment is to be made
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Part 4: Extended support payments
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Division 1: General
4.1.1 Overview
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Division 2: Applying for extended support payment
4.2.1 How and when to apply
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Division 3: Illness or injury of member
4.3.1 Member suffers illness or injury resulting from defence service
4.3.2 Approval of extended support payment being made to an employer applicant
4.3.3 Approval of extended support payment being made to a member applicant
4.3.4 Working out the amount of extended support payment
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Division 4: Death of member
4.4.1 When can extended support payment be made in relation to a member who died
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Division 5: Finalising applications
4.5.1 Deciding on an application for extended support payment
4.5.2 Applicant must be given notice of decision on application
4.5.3 When an extended support payment is to be made
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Part 5: Additional support payments for financial loss
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Division 1: General
5.1.1 Overview
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Division 2: Applying for additional support payment
5.2.1 How and when to apply
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Division 3: When can additional support payment be made
5.3.1 Financial loss that can be recovered
5.3.2 When can additional support payment be made
5.3.3 Additional support payment not payable if legal officer sessional fee payable
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Division 4: Finalising applications
5.4.1 Deciding on an application for an additional support payment
5.4.2 When any additional support payments are to be made
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Part 6: Changes in circumstances
6.1.1 Purpose
6.1.2 Applicants to whom this Part applies
6.1.3 Applicant must notify certain changes
6.1.4 Support payment may be increased because of change in circumstances
6.1.5 Repayment if support payment is decreased because of change in circumstances
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Part 7: Review of decisions
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Division 1: General
7.1.1 Purpose
7.1.2 Reviewable decisions
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Division 2: Applicant may request a review
7.2.1 Applicant may request a review
7.2.2 How to request a review
7.2.3 Decision made after review
7.2.4 Notice of review outcome
7.2.5 Operation of decisions subject to review
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Division 3: CDF-initiated review
7.3.1 CDF-initiated review
7.3.2 Time limit on review
7.3.3 CDF must notify applicant of review
7.3.4 CDF may require further information
7.3.5 Decision made after review
7.3.6 Notice of review outcome
7.3.7 Operation of decisions subject to review
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Division 4: Administrative Review Tribunal right to review
7.4.1 Review of decisions
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Part 8: Miscellaneous
8.1.1 Purpose
8.1.2 Obligation to provide accurate information
8.1.3 Collection, use and disclosure of personal information
8.1.4 CDF may authorise persons to exercise certain powers or functions
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Schedule 2 — Savings and transitional provisions
1 Definitions
2 Determination applies to defence service rendered on or after 1 July 2023
3 Review of decisions made under the former determination before 1 July 2023
4 Applications under the former determination that were pending on 1 July 2023
5 Applications that apply to defence service completed before 1 July 2023
6 Applications that relate to defence service commenced before 1 July 2023 but completed on or after that date
8 Operation of limit on eligibility relating to continuous full-time service
Endnotes