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Part 9: Death overseas of member or dependant

15.9.1 Purpose

The purpose of this Part is to compensate family members if a member or dependant dies overseas.

15.9.2 Person this Part applies to

This Part applies to a member, including a member on Reserve service, and a dependant living with the member at the posting location when the member is on either of the following.

  1. Long-term posting overseas.

  2. Short-term duty overseas.

Note: In the total workforce model, this includes a member in Service categories 3, 4, 5 and 7. It also includes employees in Service category 1 through the operation of section H6 of the Enterprise Agreement 2017-2020. A member in Service category 6 is unlikely to perform duty overseas.

15.9.3 Assistance if member dies

  1. If a member dies overseas, the member's dependant or their legal personal representative is eligible for the following.

    1. The reasonable cost of preparing the remains.

    2. The cost of returning the remains to Australia, if the next of kin request it.

  2. The Director General Defence Community Organisation may approve assistance with either of the following costs, payable to the member's dependant or their legal personal representative.

    1. If the funeral is in Australia, the cost of the funeral as provided under Chapter 11 Part 4 Division 1 section 11.4.9.

      See: Chapter 11 Part 4 Division 1 section 11.4.9, Funeral costs

    2. If the funeral is in an overseas location, the cost of the funeral up to AUD 14,000. 

15.9.3A Assistance if dependant dies

If a dependant dies overseas, the Director General Defence Community Organisation may approve assistance with either of the following costs up to AUD 14,000, payable to the member or their legal personal representative.

  1. If the dependant is being returned to Australia, both of the following.

    1. The reasonable cost of preparing the remains.

    2. The cost of returning the remains to Australia.

  2. Assistance with the cost of the funeral in the overseas location.

15.9.4 Continuing benefits for dependants

  1. Subject to subsection 4, if a member dies during a long-term posting, any benefits for dependants under Chapters 14 or 15 are to continue.

  2. The period for continuing benefits is as follows.

    1. Beginning on the day the member dies.

    2. Ending six weeks after the member dies.

      Exception: For transport and removal of dependants and their possessions, the period ends a year after the member dies.

  3. The CDF can grant dependants more time to conclude their arrangements at the posting location. The CDF may extend the period to a day the CDF considers reasonable in the circumstances. The CDF must consider all these factors.

    1. The circumstances in which the member died.

    2. The situation of the dependants who continue to live at the posting location after the member's death.

    3. Any other factor relevant to the dependants.

  4. These additional conditions apply.

    1. The overseas living allowances are paid at two-thirds of the rate that would have been paid if the member had not died.

    2. Rent and utilities contribution is not payable.

    3. For education assistance benefits, the deceased member is taken to have returned to Australia on the day the member died.

    4. Transport for dependants and their possessions may be provided to a location other than Australia. The amount must not be more what the Commonwealth would have paid if the dependants returned to Australia.

Persons who can make the decision under subsection 15.9.4.3 on behalf of the Secretary/CDF:
A person working in the Pay an Administration Centre – Victoria who is authorised to manage Defence pay administration at overseas posts and is not below WO2(E)/APS 5.

15.9.5 Benefit – loss on sale of vehicle

  1. The legally eligible person may be reimbursed for loss on sale of the member's motor vehicle (or towable item) stored in Australia.

  2. The reimbursement is under Chapter 6 Part 2, Loss on sale of furniture, effect and vehicles.

    Note: The limit for loss on sale on overseas postings is AUD 1,400.

Application to Reservists: Yes, on continuous full-time service.




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