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Division 6: Other matters affecting the overseas living allowances – member posted before 1 July 2017

15.2.28 Purpose

This Division explains how specific circumstances may affect a member's overseas living allowances.

15.2.29 Member this Division applies to

This Division applies to a member in any of these situations.

  1. The member is on recreation leave.

  2. The member is temporarily away from the posting location on duty.

  3. The member has been evacuated from their posting location.

  4. A member has spouse or dependant who is temporarily away from the posting location.

  5. The member leaves a posting location before their dependants.

  6. The member has a period of unused leave that accrued during the posting period.

  7. The member is serving a period of detention.

15.2.30 Recreation leave

  1. A member continues to accrue recreation leave while on long-term posting overseas.

    See: Chapter 5 Part 4, Recreation leave

  2. Overseas living allowances are payable during the member's leave, subject to these conditions.

    1. It is only payable for the period of recreation leave that the member has accrued on their long-term posting.

    2. It is payable for the period in paragraph a, no matter where the member takes the leave during their long-term posting.

    3. The limits in section 15.2.34 apply to leave taken after the posting ends.

15.2.31 Absence from posting location

  1. This section applies to a member who is temporarily away from the posting location on duty or paid leave for a period of more than one day.

    Exceptions: Recreation leave, long service leave.

    See: Chapter 5
    Part 4, Recreation leave
    Part 5, Long service leave

  2. An unaccompanied member remains eligible for the overseas living allowances for up to four weeks of continuous absence. After the first four weeks, the member is only eligible for the cost of living adjustment.

  3. An accompanied member remains eligible for the accompanied rate of the overseas living allowances until after four weeks of continuous absence by the member's spouse or partner, who was living with the member at the posting location.

  4. After a continuous absence of four weeks by the member's spouse or partner, the member is to be treated as an unaccompanied member.

    Example: An accompanied member leaves the posting location. Two weeks later, the member's spouse or partner leaves. Four weeks after the member's spouse or partner leaves, the member goes on to the unaccompanied rate of the overseas living allowances. Later the member's spouse or partner returns and the member resumes the accompanied rate.

  5. A member may be recalled to duty at a location during assisted leave travel authorised under Part 3 Division 7 or Chapter 16 Part 4. In these cases, the member is eligible for the following for the period of the recall.

    1. Travel costs at the rate for the location in Annex 13.3.A.

    2. Overseas living allowances at the rate for the member's posting location.

    3. For a member who uses accommodation in Australia supplied through the Commonwealth's contracted service provider, travel costs and accommodation in accordance with Chapter 9 Part 5 Division 2. Contracted service provider is as defined in section 9.0.3, Definitions.

      See: Chapter 9
      Part 5 Division 2, Travel on Defence business using the travel card
      Section 9.0.3, Definitions

    4. For a member who uses commercial accommodation in Australia but who does not meet the requirements of paragraph c, travel costs paid in accordance with Annex 9.5.A.

      See: Annex 9.5.A, Amounts for accommodation using travelling allowance and amounts for meals and incidentals using travelling allowance or travel card

  6. When the member's spouse or partner returns to the posting location, the member again becomes an accompanied member.

15.2.32 Continuing and unavoidable costs during absence

  1. A member may be temporarily away from their posting location on duty, or for reasons beyond their control.

    Examples: Illness, injury and hospitalisation.

  2. The member is eligible for the reimbursement of certain continuing and unavoidable costs at their posting location during their absence. All these conditions apply.

    1. Approval may only be given if the CDF is satisfied that the member could not reasonably avoid incurring the costs.

    2. The member would normally be paid for the costs through the overseas living allowances or another benefit under this Chapter.

    3. The member's overseas living allowances or other benefit has stopped.

  3. These costs can be reimbursed.

    1. The continued employment of domestic and gardening help.

    2. Rent and utilities.

    3. Telephone rental.

Persons who can make the decision under paragraph 15.2.32.2.a on behalf of the Secretary/CDF:
Senior ADF Representative at the overseas post
A person who is authorised to manage Defence personnel administration at the overseas post and is not below WO2(E)/APS 5.
A person working in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts and is not below WO2(E)/APS 5.
Director of Attaché and Overseas Management

15.2.33 Members leaving posting location before their dependants

  1. A member might end their long-term posting and leave the posting location before their dependants. A member who has a dependant who is unable to leave with them, is eligible for the continued payment of the overseas living allowances. The rate will be whatever rate applies to the member from time to time.

    See: Chapter 12 Part 3
    Section 12.3.2, Definition of accompanied member
    Section 12.3.20, Definition of unaccompanied member

  2. Overseas living allowances are only payable for the shortest of these periods.

    1. The period that the dependant remains at the posting location after the member leaves.

    2. Four weeks, if the dependant cannot leave because of organisation requirements on the member.

  3. The CDF may approve payment of the overseas living allowances for a longer period. The CDF must consider both these criteria.

    1. The reason the dependant remained after the member's departure.

    2. The date the dependant will travel from the posting location at Commonwealth expense.

    Example: A member is required to return to Australia at short notice for operational reasons. The spouse must remain at the posting location while their children finish school, and to supervise the removal. The member retains their accompanied rate of the overseas living allowances for a period of eight weeks approved by the CDF authorised person under subsection 3.

Persons who can make the decision under subsection 15.2.33.3 on behalf of the Secretary/CDF:
A person working in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts and is not below WO2(E)/APS 5.

15.2.34 Payment of overseas living allowances for unused leave

  1. A member's period of unused leave is the recreation leave they accrued during a posting period, but were unable to take. This is only if the CDF is satisfied that they could not take the leave during that period for either of these reasons.

    1. On medical or compassionate grounds relating to the member or a dependant, they left the posting early, or left the ADF.

    2. The operational needs of the ADF prevented them from taking the leave.

  2. After the member's posting, the CDF may authorise overseas living allowances to be paid. The allowances are payable for the period of unused leave that the member takes overseas.

  3. Overseas living allowances may not be paid for leave taken in Australia after the member returns.

    Exception: A member who is on leave in between overseas postings and travelling under section 15.3.40 is eligible for the overseas living allowances.

    See: Part 3 Division 7 section 15.3.40, Additional travel on long-term posting to a second overseas location

  4. The period of unused leave must not be longer than the amount of recreation leave that the member accrued over their last 12 months' service at the posting location.

  5. To work out the overseas living allowances payable under this clause, use the rates that the member was eligible for on the last day of their posting period.

Persons who can make the decisions under subsection 15.2.34.1 and subsection 15.2.34.2 on behalf of the Secretary/CDF:
A person working in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts and is not below WO2(E)/APS 5.

15.2.35 Detention

  1. Regulation 68 of the Defence Force Regulations 1952 provides that a member undergoing detention under service law forfeits all allowances, other than those specifically mentioned under this Determination.

  2. This section applies to a member who meets both these conditions.

    1. They are serving a period of detention under service law.

    2. They were eligible for the overseas living allowances immediately before they began the period of detention.

  3. The member is eligible for an amount of the overseas living allowances approved by the CDF. The CDF must consider all these criteria.

    1. If the member was an accompanied member before the detention started.

    2. The member's dependants who continue to live in the posting location.

    3. The nature of costs, if any, that the member continues to incur during their period of detention.

  4. Members in detention are not eligible for any other payments under this Part.

Persons who can make the decision under subsection 15.2.35.3 on behalf of the CDF:
A person working in the Pay and Administration Centre – Victoria who is authorised to manage Defence pay and administration at overseas posts and is not below WO2(E)/APS 5.

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




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