Part 4: Loss or damage to clothing or personal effects

 

TAX ALERT: PACMATE Annex 3.A, item 184.

10.4.1   Purpose
10.4.2   Member this Part applies to
10.4.3   Definitions
10.4.4   Payment for loss or damage
10.4.5   When this Part does not apply

10.4.1   Purpose

 

The purpose of this Part is to authorise a payment to members for loss or damage to clothing or personal effects, directly related to service.

10.4.2   Member this Part applies to

 

This Part applies to any member. This includes a member on Reserve service, and a member of a cadet force.

10.4.3   Definitions

Term

Meaning in this Part

Loss

Loss includes theft.

Personal effects

Personal effects means tangible property that might be worn or carried on the person.

Examples: Briefcases, handbags, wallets, watches, hand luggage, suitcases, jewellery, portable radios, cameras, personal cash, pens, dentures and glasses.

Service

Service, for a cadet, means attendance at activities or training by the unit where the cadet is enrolled.

Value

Value means the current catalogue price for an item, reduced by the proportion of its life already expired.

10.4.4   Payment for loss or damage

1.

The CDF may authorise payment of an amount to a member, if the member suffers loss or damage to clothing or personal effects owing to their service. In assessing the amount to be paid, the CDF must consider all these criteria.

 

a.

The value of the item at the time of the loss or damage.

 

b.

Whether the member contributed to the extent of the loss or damage, including by failure to take reasonable precautions.

Note: If this is the case, the amount considered for payment may be reduced.

 

c.

Any other amount paid or payable for damages, compensation or under a contract of insurance.

 

d.

The cost of any repairs.

 

e.

The cost of any service necessary to replace the item.

Example: A member’s glasses are damaged beyond repair. It could be reasonable to approve a payment that includes the cost of an eye examination which is part of the process for obtaining replacement glasses.

2.

If a member is paid an amount under this Part and recovers an amount for the loss or damage elsewhere, the member must repay the recovered amount to the Commonwealth.  

 

Persons who can make the decision under subclause 10.4.4.1 on behalf of the CDF:

Assistant Director Entitlements

Director Entitlements

10.4.5   When this Part does not apply

 

This Part does not apply in the following situations.

 

a.

The member is going on or returning from leave.

Exception: If the member has been recalled from leave, the CDF may decide to approve a claim.

 

b.

The member is entitled to an amount for the loss or damage under Chapter 14 Part 6 Division 3, Loss or damage to possessions overseas.

 

c.

The items are repaired or replaced at Commonwealth expense.

 

d.

The loss or damage would not have occurred if the member had taken reasonable steps to avoid the loss or damage.

 

Persons who can make the decision under paragraph 10.4.5.a on behalf of the CDF:

Assistant Director Entitlements

Director Entitlements

 

PACMAN                                                          Reprint (August 2008)                                                  Chapter 10 – Part 4 – 1