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Part 13: Cancellation of, or recall from, leave

5.13.1 Purpose

A member may be paid an amount for costs resulting from either of these events.

  1. They are recalled from an approved period of leave.

  2. Their approved period of leave is cancelled.

Note: Members should be recalled from leave for operational reasons only. Payments under this Part are an operational cost.

See: Part 4 Division 7 section 5.4.34, Re-credit of recreation leave

5.13.2 Basis

  1. The basis of this condition is that a member should be reimbursed for costs associated with a recall from leave.

  2. There are two types of costs.

    1. Travel costs, in some circumstances.

      Examples: The cost of changing a return flight, additional fare charges.

    2. The cost of services that could not be used because of the recall.

  3. The member can only be reimbursed the costs of the portion of a holiday that was not used.

  4. The member can only be reimbursed costs that were not recoverable in other ways.

  5. It is not compensation for the inconvenience of the recall.

5.13.3 Payment for costs

Payment for costs when leave is cancelled or a member is recalled is in these sections.

Payment of costs references
Item Section
1. Member is recalled from posting location 5.13.4
2. Member is temporarily recalled from leave location 5.13.5
3. Costs where member is recalled from holiday location 5.13.6
4. Costs where member's leave is cancelled before it starts 5.13.7

5.13.4 Member is recalled from posting location

  1. This section applies to a member who meets all these conditions.

    1. The member is on leave.

    2. The member has not left their posting location.

    3. The member is recalled to duty.

  2. The member has no eligibility for recall costs.

5.13.5 Member is temporarily recalled from leave location

  1. This section applies to a member who meets all of these conditions.

    1. The member is on leave.

    2. The member is away from their posting location because of the leave.

    3. The member is temporarily recalled to duty.

    4. The member intends to return to the leave location at the end of the recall period.

      Example: A member is posted to Canberra, and is on holiday in Cairns. The member is recalled to duty to deal with an emergency. As the recall period is short, the member and family decide that the member will return to Canberra alone, and return to Cairns to resume the holiday as soon as possible.

  2. The CDF may pay a member an amount to recognise the following costs associated with the recall.

    1. Transportation costs for the member for the journey from the leave location, and return. This is duty travel.

      Example: Return fares or vehicle allowance.

      See: Chapter 9 Part 6, Vehicle allowance

    2. Additional transportation costs for dependants. Approval may only be given on the condition that the member is a parent, and that the dependants return with the member.

      Example: Children may not be left at a holiday location unsupervised, and may need to return with the member.

      Non-example: Adult dependents may have no need to return with the member.

    3. Accommodation expenses for the journey from the leave location, and return. This may only be paid if an overnight break is justified. This includes dependants' accommodation expenses, if their travel was approved.

    4. Meal expenses during the journey. This includes dependants' meal expenses, if their travel was approved.

    5. Other holiday items that the member had paid for but was not able to benefit from, due to the recall.

      Example: A member is recalled to duty and breaks their holiday for four days, including travelling time. The member had rented a beach house for the holiday and during the recall it was empty. The member may be paid an amount to cover rent during the four-day period.

      Non-example: A member is recalled to duty and breaks their holiday. The member returns to duty alone. The member's dependants remain in the holiday accommodation. The member has had the benefit of the accommodation expense.

    6. Other unavoidable costs to do with the recall from leave.

      Examples: Telephone, facsimile or email costs.

  3. In assessing the amount of payment under subsection 2, the CDF must consider these criteria.

    1. The time available for the return journey.

    2. The number of people who were required to return.

    3. The amount of money the member had spent on holiday items that the member was not able to benefit from.

      Example: The member may give the CDF receipts or a statutory declaration. These could show the amount spent on holiday items.

    4. If the costs are recoverable by other means.

      Example: Travel insurance

Persons who can make the decision under subsection 5.13.5.2 on behalf of the CDF:
Director General Navy People
Director Navy Personnel Policy
Director Navy Employment Conditions
Director General Personnel – Army
Director Personnel Policy – Army
Staff Officer Grade 1 – Personnel Policy – Army
Director General Personnel – Air Force
Director Personnel Policy – Air Force
Deputy Director Personnel Policy – Air Force
Deputy Director Service Conditions – Air Force

5.13.6 Costs where member is recalled from holiday location

  1. This section applies to a member who meets all of these conditions.

    1. The member is on leave, and living away from their posting location.

    2. The member is recalled to duty.

    3. The member ends the leave to return to duty.

      Example: A member is on holiday away from home. The member is recalled to duty to deal with an unexpected crisis. The member must cancel the rest of the holiday.

  2. The CDF may pay the member an amount to recognise the following costs associated with the recall.

    1. Additional transport costs due to the early return. Payment may also be made for dependants' additional transport costs, if they return with the member. If transport costs were an expected or ordinary part of the return duty they will not be paid.

      Example: A member is on a package tour and is recalled from leave. The tour operator offers the member a flight back, using the unused fares of the tour as part- payment. The member must pay an additional fee. This additional fee may be reimbursed to the member.

      Non-example: A member and her family drive to their destination for a camping holiday. The member is recalled, and the whole family drives home. As the drive cost no more than it would have cost had the member finished the holiday, no transport costs are paid to the member.

      See: Chapter 9 Part 6, Vehicle allowance

    2. Accommodation expenses for the return journey, if a break is justified. This includes dependants' accommodation expenses, if they return with the member.

    3. Meal expenses during the journey. This includes dependants' meal expenses, if they return with the member.

    4. Other holiday items that the member had paid for but was not able to benefit from, owing to the recall.

      Example: A member is recalled to duty a week before their holiday was due to end. The member had prepaid for accommodation, a day's fishing tour, and an afternoon of horse riding. The owner of the stables gave the member a full refund. The fishing tour operator gave the member a half refund. The member had no right to any accommodation refund. The payment to the member may recognise the cost of a week's accommodation and half the cost of the fishing tour.

      Non-example 1: A member is recalled to duty. The member's dependants remain in the holiday accommodation and continue their plans while the member returns to duty alone. The member has had the benefit of the accommodation expense.

      Non-example 2: A member is on holiday in a country that experiences civil unrest. The member and family stay in their hotel for safety. The ADF then recalls all members in that country. Only costs for items the member did not use after they had left the country due to the recall can be reimbursed. Items not used because it was not safe to leave the hotel are the member's loss.

    5. Other unavoidable costs to do with a recall from leave.

      Examples: Telephone, facsimile or email costs.

  3. In assessing the amount of payment under subsection 2, the CDF must consider all these criteria.

    1. The time available for the return journey.

    2. The number of people who returned.

    3. The amount of money the member had spent on holiday items that the member was not able to benefit from.

    4. If the costs are recoverable by other means.

      Example: Travel insurance.

    5. Whether it was practical for the member to restart the holiday.

Persons who can make the decision under subsection 5.13.6.2 on behalf of the CDF:
Director General Navy People
Director Navy Personnel Policy
Director Navy Employment Conditions
Director General Personnel – Army
Director Personnel Policy – Army
Staff Officer Grade 1 – Personnel Policy – Army
Director General Personnel – Air Force
Director Personnel Policy – Air Force
Deputy Director Personnel Policy – Air Force
Deputy Director Service Conditions – Air Force

5.13.7 Costs where member's leave is cancelled before it starts

  1. A member may be reimbursed certain costs if their leave is cancelled before it begins. The leave must have been formally approved. The cancellation must be for Service reasons.

  2. The costs must not be recoverable by other means.

  3. These costs may be reimbursed.

    1. Accommodation deposits or tariffs.

    2. Fares or fare deposits.

    3. Other unavoidable costs to do with a recall from leave.

      Examples: Telephone costs, email costs, fees charged by travel agents.

      Note: No amount can be refunded to compensate a member for lost frequent flyer points. This is because they have no monetary value.

    See: To claim costs of travel when leave has been cancelled see section 5.13.8, Claiming and acquitting.

5.13.8 Claiming and acquitting

  1. The member must fill in Form AD388, Application for compensation resulting from cancellation or recall from leave to claim reimbursement under this Division.

  2. The member's unit is to forward the completed claim form to the appropriate approving authority. The address is detailed in the instructions on the form.

  3. The member must include documents with the claim form that show the following matters.

    1. Details of any advance received.

    2. Evidence of costs.

    3. Evidence of any attempts at reimbursement from a booking or insurance company, and whether any reimbursements were made.

    4. Evidence of the approved leave.

    5. Either of the following.

      1. Evidence of the cancellation of an approved grant of leave.

      2. Evidence of the recall from an approved grant of leave.

5.13.9 Re-credit of leave

  1. Leave not used by a member as a result of a recall from leave order will be re-credited.

    See: Part 4 Division 7 section 5.4.34, Re-credit of recreation leave

  2. Additional leave travel may be granted if the conditions in Chapter 9 Part 4 Division 1 are met.

    See: Chapter 9 Part 4 Division 1, Recreation leave travel

Application to Reservists: No.



Forms

Copies of forms are available on the webforms system or through the Defence Service Centre.

  • AD388, Application for compensation resulting from cancellation or recall from leave

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