skip to navigation skip to content skip to footer

Part 5 : Member's rights and obligations

1.5.1 Purpose

A member must meet certain obligations when they have an entitlement or benefit. This Part sets out those obligations.

1.5.2 Obligation to provide accurate information

  1. A member must provide accurate information in their application.

  2. Defence may take into account information that a member's dependant provides, to ensure that correct benefits are provided in relation to the member's service.

  3. Related Information: Part 3 Division 2 section 1.3.80, Purpose

  4. If a member has claimed a benefit, the CDF may from time to time ask the member to provide information about their relationships and living arrangements.

    1. This information is used to verify the relationships or living arrangements that affect eligibility.

    2. It may also be used to decide which category a member is in and what benefits they and any dependants are eligible for.

    Examples: Marriage or registration certificate, birth certificates, life insurance policy that names dependants, household bills, statutory declarations.

  5. Giving false or misleading information is a serious offence.

  6. Notes:
    1. Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents. The Criminal Code is a Schedule to the Criminal Code Act 1995.
    2. Section 56 of the Defence Force Discipline Act 1982 creates a military disciplinary offence for a false statement made in an application for a benefit.

Persons who can make the decision under subsection 1.5.2.3 on behalf of the CDF:
Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command.
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 Service Conditions – Air Force
Deputy Director Personnel Policy – Air Force

1.5.3 Change in member's circumstances

  1. This section applies if a member or their dependants meet both these conditions.

    1. They have qualified for a benefit.

    2. The circumstances on which they qualified for the benefit change.

    Examples: A child leaves home, a new baby is born, a couple relationship ends.

  2. A person who applies for a benefit under this Determination is responsible for informing themselves about the entitlement they are claiming.

  3. The member must notify their Commanding Officer in writing about the change within 14 days after it happens.

  4. Exception: The CDF may accept a notice provided by the member on a later date if satisfied that the delay is reasonable.

    Note: This requirement helps the Commonwealth prevent overpayments being made. If a member does not advise about changes, they may receive payments they are not entitled to, which would need to be repaid.

  5. The member must also provide a written notice of the change to the administrator of their type of housing assistance, within 14 days after it happens, as relevant.

    1. For living-in accommodation – Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) at the base where the member is required to live in.

    2. For a Service Residence – Defence Housing Australia.

    3. For rent allowance – Defence Housing Australia.

  6. A member must fill in and provide the relevant form to their Commanding Officer as soon as practicable after any of these events.

    1. The number of dependants the member has changes.

    2. Example: The member's de facto relationship is recognised under section 1.3.83, Partner – de facto.

    3. The member is notified of a change of posting location and it is reasonable to expect that the new posting location may result in the member's eligibility for one of the following categories also changing.

      1. Member with dependants

      2. See: Part 3 Division 2 section 1.3.95, Member with dependants

      3. Member with dependants (unaccompanied)

      4. See:
        Part 3 Division 2 section 1.3.96, Member with dependants (unaccompanied)
        Chapter 8 Part 3 Division 1, Becoming a member with dependants (unaccompanied)

      5. Member without dependants

      6. See: Part 3 Division 2 section 1.3.94, Member without dependants

See:
Form AD150, Amendment of Personal Data Details - ADF
Form AA157, Application to Live In, Live Out and Categorisation
Form A291, Application for Categorisation as a Member with Dependants (unaccompanied) (MWD(U))

 

Persons who can make the decision under subsection 1.5.3.3, exception, on behalf of the CDF:
Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command.
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 Service Conditions – Air Force
Deputy Director Personnel Policy – Air Force

1.5.4 Overpayment

  1. This section applies if a person has been paid more than the amount they are eligible for.

  2. The person must repay to the Commonwealth the difference between their benefit entitlement and the amount they were paid.

  3. Example: A member is paid vehicle allowance in advance of travel. They do not travel, or they travel less than they expected to. They must repay all or part of the allowance, whichever applies.

    Exception: Where tax has been deducted from an amount overpaid and the amount was paid in a previous financial year.

    See: Resources – Tax alerts, Part 3 section 3.8, Tax effect – overpayment and recovery

    See also: Chapter 3 Part 4 section 3.4.2, Overpayment

    Note: Chapter 9 of FINMAN 5 set out the procedures for dealing with overpayments.

    See: FINMAN 5 Chapter 9, Managing debt

1.5.5 Recovery by the Commonwealth

  1. This section applies if a member must repay an overpayment of salary or allowances to the Commonwealth.

  2. The Commonwealth may recover the overpaid amount from the salary and allowances that the member has been – or may be – paid. The Commonwealth still has the right to recover the overpaid amount by other means.

  3. Note: The Public Governance, Performance and Accountability Act 2013 recovery processes are usually used to do this.

1.5.6 Decision-makers to avoid conflict of interest

  1. This section applies if a member would get a personal benefit from a decision they are authorised to make.

  2. The member must refer the decision to another decision-maker at or above their rank or classification.

1.5.7 Member to provide evidence of payment

  1. This section applies to a member who is eligible for the reimbursement of a payment they made.

  2. The member must provide either of the following as evidence that they made the payment.

    1. Written evidence, including any original receipts.

    2. A statutory declaration if written evidence is not available.

  3. The member must provide the items when they lodge their claim for reimbursement or as soon as practical after that time.

  4. Note: A person who knowingly makes a false statement in a statutory declaration under the Statutory Declarations Act 1959, as amended, is guilty of an offence under section 11 of that Act. They could go to prison for four years.

1.5.8 Appeal rights

  1. A member may have an issue with the way a condition of service has been applied to them. This might include an adverse decision on their case by a CDF authorised person or an approving authority.

  2. See: The Decision-Maker's Handbook for Personnel-related Decisions

  3. In the first instance, the member should try to resolve the issue informally. If this is unsuccessful, they may seek a formal review under the redress of grievance process.

  4. Grievances and adverse decisions are subject to a review of their merits under the ADF redress of grievance system. This process could culminate in an appeal to the Defence Force Ombudsman.

Application to Reservists: Yes.



Forms

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

  • Form AD150, Amendment of Personal Data Details - ADF
  • Form AA157, Application to Live In, Live Out and Categorisation
  • Form AD291, Application for Categorisation as a Member with Dependants (unaccompanied) (MWD(U))

I want to know more...

Further info

Contact

Defence Service Centre

1800 DEFENCE (1800 333 362)

YourCustomer.Service@defence.gov.au