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Pay and Conditions

ADF Member's Guide

Assistance for non-service person on breakdown of marriage

Your non-Service spouse or partner may get a removal and storage for their furniture and effects when your marriage or partnership breaks down. They can only get a removal in Australia.

Who can get assistance for a non-Service person on the breakdown of your marriage or relationship?

Your non-Service spouse or partner may get assistance on the breakdown of your marriage or relationship if you are a member of the:

  • Permanent Forces, or
  • Reserves on continuous full-time service.

What does breakdown of marriage mean?

The breakdown of your marriage means there is no hope of reconciliation. Either party may have:

  • begun legal proceedings to end the relationship, or
  • declared that the relationship has ended.

You may have been re-categorised as a member without dependants.

What does breakdown of a relationship mean?

The breakdown of your relationship means there is no hope of reconciliation. Either party may have:

  • begun legal proceedings to end the relationship, or
  • declared that the relationship has ended.

You no longer maintain a common household. You may have been re-categorised as a member without dependants.

What costs can my non-Service spouse or partner get?

Your non-Service spouse or partner may get the costs of:

  • removal
  • pet relocation
  • delivering and collecting a vehicle, or
  • compensation for loss or damage.

Where can my non-Service spouse or partner get a removal to?

Your non-Service spouse or partner may choose to have their and their dependants’ furniture and effects removed. They must request it in writing.

If you are a member of the Permanent Forces, their removal may be to a residence:

  • at the same location
  • the member and dependant’s last permanent residence at the time of enlistment or appointment
  • their point of entry into Australia, or
  • any other location where the spouse or partner has or intends to establish a permanent home.

Your non-Service spouse may only get a removal to their point of entry into Australia if:

  • the marriage or ADF recognition happened outside Australia, and
  • your non-Service spouse or partner’s passage to Australia was at Defence expense.

If you are a member of the Reserve Service on continuous full-time service, your non-Service spouse or partner may get a removal at Defence expense to:

  • where they lived with you immediately before you started continuous full-time service (if you were appointed or enlisted in Australia), or
  • any other location in Australia (within specified limits).

Your non-Service spouse or partner can only get a removal at Defence expense up to the amount it would cost for a removal from where they lived with you immediately before you started continuous full-time service (if you were appointed or enlisted in Australia).

Can my non-Service spouse or partner get a vehicle removal?

Your non-Service spouse or partner may get a removal at Defence expense for:

  • one private vehicle, and
  • one towable item, or
  • one recreational or hobby vehicle.

The recreation or hobby vehicle may only be removed if it:

  • has normal or restricted registration for road use, or
  • could get normal or restricted registration for road use.

Where should my non-Service spouse or partner drop off and collect their private vehicle or towable item?

If it is practical, your non-Service spouse or partner’s vehicle delivery will be door-to-door.

If access to their private vehicle is restricted, they must arrange to deliver or pick up their vehicle from the agency's depot.

They may get a refund for delivery or collection of the vehicle. This may include costs for:

  • the storage of fuel tanks
  • unavoidable storage charges, and
  • fares to and from the depot by the most economical means.

What can my non-Service spouse or partner get removed?

Your non-Service spouse or partner may get items removed if:

  • consent orders have been made and filed with the Family Court of Australia
  • the Family Court of Australia has issued a property settlement ruling
  • a property order has been made under relevant State or Territory legislation, or
  • you have given your written consent.

Defence will cover the cost of storage only during the removal from the old location to the new location.

Your non-Service spouse or partner may only get one removal when your relationship breaks down. If you reunite and separate again, they can’t get another removal.

Your non-Service spouse or partner must complete their removal at Defence expense within 12 months of the marriage or relationship breakdown.

Can my non-Service spouse or partner get reimbursed for a private removal of their furniture and effects?

Your non-Service spouse or partner may get reimbursed for a private removal:

  • up to the amount it would have cost for a Defence removalist, or
  • reasonable costs if they do it themselves.

This includes the hire and fuel costs for a removal vehicle or vehicle allowance for a private vehicle.

When can my non-Service spouse or partner get storage at Defence expense for a private removal?

Your non-Service spouse or partner may get storage at Defence expense if their items:

  • are in the Defence removalist's store, or
  • would have been stored at Defence expense if it weren't a private removal.

If they have to make urgent private arrangement, they may get a reimbursement for reasonable costs.

When can my non-Service spouse or partner hire replacement items?

An item may be lost or damaged beyond repair during a removal at Defence expense. Your non-Service spouse or partner may have to hire a replacement until their claim is processed. They may be reimbursed the hire of the replacement item if the original was:

  • packed by the Defence removalist
  • useable at uplift
  • an essential household item, and
  • reported to Toll Transitions at the new location.

Your non-Service spouse or partner won't get reimbursed for any hire after they:

  • get the original item delivered or repaired, or
  • are reimbursed for the lost or damaged item.

What should your decision-maker consider?

Your decision-maker should consider:

  • any evidence that you intend to live separately
  • accommodation available to your non-Service spouse or partner
  • any relevant decisions, rulings or orders from the Family Court
  • any other relevant factor.

More information about assistance for non-service person on breakdown of marriage can be found in Chapter 6 Part 5 Division 10.


Important information

As the name suggests, this Member's Guide is designed as a guide to help you understand how your pay and conditions work. It is not a legal document. Therefore, if there is any conflict between the Member's Guide and Defence Determination 2016/19, Conditions of Service (and the Determinations made by the Defence Force Remuneration Tribunal), as compiled in PACMAN, PACMAN is the authority.

This Member's Guide does not incorporate or make provision for members on a flexible service determination.

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Who do I contact

Defence Service Centre

1800 DEFENCE (1800 333 362)

YourCustomer.Service@defence.gov.au


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