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Part 7 : Salary and allowances when a member is absent without leave, in civil custody or undergoing a period of detention or imprisonment

3.7.1 Overview

A member may lose their salary and allowances, or have them suspended, during any of the following situations.

  1. Absence without leave.

  2. Absence from duty and in civil custody.

    Note: This does not apply if a member is on approved leave while in custody.

  3. Serving a period of detention under Service law.

  4. Serving a period of imprisonment under a law that is not Service law.

See: Part XIII of the Defence Force Regulations 1952

3.7.2 Benefits continue in some situations

  1. A member may continue to receive certain benefits if they are in any of the following situations.

    1. On service detention.

    2. On absence without leave, which does not lead to discharge, civil conviction or service conviction as described in regulation 65 of the Defence Force Regulations 1952.

    3. On approved leave for a period of civil custody pending or during the trial of the member for an offence.

  2. A member described in subsection 1 may continue to receive any benefit listed in the following table.

    Benefits
    Item Benefit For conditions for payment, see:
    1. ADF district allowance Chapter 4 Part 4 Division 1 and Division 2
    2. Port Wakefield allowance Chapter 4 Part 4 Division 3
    3. Removal and storage Chapter 6 Part 5
    4. Housing assistance Chapter 7
    5. Education assistance Chapter 8 Part 4
    6. Dependants with special needs assistance Chapter 8 Part 6
    7. Uniform allowance Chapter 10 Part 1
    8. Overseas living allowances – member posted before 1 July 2017 Chapter 15 Part 2
    9. Overseas living allowances – member posted on or after 1 July 2017 Chapter 15 Part 2A

See:Chatper 12 Part 3
Section 12.3.9A, Member posted before 1 July 2017
Section 12.3.9B, Member posted on or after 1 July 2017

3.7.3 Benefits for dependants

  1. A member's dependant continues to receive benefits if the member is absent for any of the reasons listed in subsection 3.7.1.

    Example: A member gets education assistance for his son. The member is charged and sentenced to serve a twelve-month period of imprisonment under Service law. The member's son applies to continue receiving the assistance. The member's Service Chief agrees to continue the assistance until the end of the son's critical school year.

  2. The Service Chief may decide that a member's dependants are to receive benefits of the kind listed in the following table.

    Benefits for dependants
    Item Benefit For conditions for payment, see:
    1. ADF district allowance Chapter 4 Part 4 Division 1 and Division 2
    2. Port Wakefield allowance Chapter 4 Part 4 Division 3
    3. Removal and storage Chapter 6 and Chapter 14
    4. Housing assistance Chapter 7 and Chapter 15
    5. Education assistance Chapter 8 Part 4
    6. Dependants with special needs assistance Chapter 8 Part 6
    7. Emergency support for Families Scheme Chapter 8 Part 5
    8. Bereavement payment Chapter 11 Part 3
    9. Overseas living allowances payable on the same basis as before the member became absent. Chapter 15 Part 2
    10. Accompanied rate of hardship allowance payable on the same basis as before the member became absent. Chapter 16
  3. The Service Chief may decide that benefits payable under subsection 1 or 2 cease from a specified date.

    Example: A member's service is to be terminated from a date. The Service Chief notifies the member's dependants that their benefit will cease from the same date.

  4. The Service Chief must consider the following factors when making a decision under subsection 2 or 3.

    1. The personal circumstances of the member or their dependants.

    2. Whether the member's service will be terminated.

    3. Whether the member's dependants have insufficient immediate family or local support.

    4. Whether there are Commonwealth benefits available to the dependants.

    5. Any other factors relevant to the application.

3.7.4 Relevant Defence Force Regulations

Part XIII of the Defence Force Regulations 1952 sets out details of suspension or loss of entitlements.

See: Part XIII of the Defence Force Regulations 1952

Regulation No. Title
Regulation 60 Suspension of payment of salary and allowances
Regulation 61 Certificate of commanding officer
Regulation 62 Effect of suspension
Regulation 63 Cessation of suspension – absence without leave
Regulation 64 Cessation of suspension – civil custody
Regulation 65 Forfeiture of salary and allowances – absent without leave
Regulation 66 Forfeiture of salary and allowances – civil custody
Regulation 67 Forfeiture of salary and allowances – imprisonment
Regulation 68 Forfeiture of salary and allowances – detention under Service law
Regulation 69 Conviction quashed or set aside
Regulation 70 Death of a member during suspension
Regulation 71 Review of decisions
Regulation 72 Recovery of forfeited amounts

Application to Reservists: No.



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