Part 3: Definitions for Chapters 12 to 17

12.3.1    Purpose of these definitions
12.3.2    Accompanied member
12.3.3    Allowable travel cost
12.3.4    Data service provider
12.3.5    Dependant
12.3.6    Deployment
12.3.7    Head of Post
12.3.8    Location in Australia where member normally lives
12.3.9    Long-term posting overseas
12.3.10   Non-warlike service
12.3.11   Operational area
12.3.12   Ordinary period of posting
12.3.13   Overseas post
12.3.14   Parent
12.3.15   Posting location
12.3.16   Posting period overseas
12.3.16A  Secretary – APS only
12.3.17   Senior ADF representative
12.3.17A  Senior Executive Service employee – APS only
12.3.18   Short-term duty overseas
12.3.19   Time zone hour
12.3.20   Unaccompanied member
12.3.21   

12.3.1    Purpose of these definitions

 

The definitions in this Part apply to Chapters 12 to 17.

12.3.2    Accompanied member

1.

An accompanied member means a member who has a spouse or interdependent partner who meets all the following conditions.

 

a.

The spouse or interdependent partner meets the requirements under subclause 12.3.5.3 to be paid benefits under Chapters 12, 14, 15 and 16.

Examples:

1. A spouse who lives with the member at the posting location for 12 months.

2. An interdependent partner who lives at the posting location for more than six months, and the CDF has approved the period under subclause 12.3.5.4.

See: Clause 12.3.5, Dependant

 

b.

The spouse or interdependent partner lives with the member at the posting location.

 

c.

The spouse or interdependent partner is not away from the posting location for a continuous period of more than four weeks.

Exception: Paragraph c does not apply if accompanying the member on recreation leave that the member accrued at the posting location.

2.

A spouse or interdependent partner may accompany a member at private expense. In these cases, the member is regarded as unaccompanied.

12.3.3    Allowable travel cost

1.

Allowable travel cost means the minimum cost of air travel between two locations. These conditions apply.

 

a.

Travel is by an airline with seats available.

 

b.

The airline offers a standard of safety and security comparable to air travel within Australia.

 

c.

Stopovers are avoided where possible.

 

d.

Concessions and discounts are used where possible. This includes discounts for advance purchase.

2.

The CDF may approve travel at a class higher than economy class. The entitlement is the cost of the higher standard of travel, considered reasonable in the circumstances.

Example: The CDF might authorise a higher class of travel for a young child travelling alone to certain locations, on the ground that economy class does not provide suitable security.

3.

For subclause 2, the CDF must consider all these criteria.

 

a.

The standards of safety, security, amenity and hygiene at both ground facilities and on board the aircraft.

 

b.

The time of year when the travel is undertaken.

 

c.

The duration of the travel.

 

d.

The extent to which the person may, in the course of travel, be subjected to discrimination within the meaning of the Human Rights and Equal Opportunity Commission Act 1986.

 

e.

Any other factor relevant to the person's travel.

4.

The allowable travel cost also includes these costs, if applicable.

 

a.

Compulsory insurance costs the member paid to secure a discounted fare.

 

b.

Rebooking or cancellation fees, because travel was not possible on the scheduled date, for Service reasons.

 

Persons who can make the decision under subclause 12.3.3.2 on behalf of the Secretary/CDF:

A person working in the Personnel Administration Centre in Southern Victoria who is:

-       Overseas Administration Team Leader

-       Personnel Administration Manager Specialist

-       Civilian and Overseas Personnel Administration Centre Manager

-       Manager Personnel Administration Centre

Defence Travel Services Manager

12.3.4    Data service provider

 

Data service provider means the company contracted by the Department of Defence to provide data about living costs and conditions at overseas posting locations.

12.3.5    Dependant

1.

For overseas conditions of service, a dependant means any of these persons.

 

a.

A spouse or interdependent partner who normally lives with the member.

 

b.

A child of the member, or of the member’s spouse or interdependent partner. The child must meet all these conditions.

 

i.

The child must be less than 18 years old.

 

ii.

The child must be dependent on the member.

 

iii.

The child must normally live with the member.

 

ba.

A person recognised as a dependant with special needs under clause 1.3.82, regardless of age.

See: Chapter 1 Part 3 Division 2 clause 1.3.82, Dependant with special needs

 

c.

Any other person who is approved by the CDF. The person must be a relative of the member or of the member’s spouse or interdependent partner. The CDF must specify the period a person is the dependant of the member, and for what purposes.

Note: This also applies to children who turn 18 years old during the posting period.

2.

The CDF must consider all these criteria.

 

a.

The relationship of the person to the member, or member’s spouse or interdependent partner.

 

b.

The extent of the person’s dependency on the member.

 

c.

If the person’s normal place of residence is the member’s normal place of residence. If it is, the duration of the person's residence at that place or the member’s posting location.

 

d.

The length and timing of the member’s posting period.

 

e.

The period during which the person intends to live with the member at the posting location.

 

f.

The reason the person intends to leave the posting location.

 

g.

The effect on the person, if the member could make alternative arrangements for the person’s care and maintenance.

 

h.

Any other special circumstance bearing on the member’s relationship to the person.

 

Example 1: A child over 18 years old might be approved as a dependant for the purpose of child allowance until the end of the calendar year.

Example 2: An elderly parent living with the member at the posting location could be approved as a dependant for the whole posting period. This approval could exclude health costs.

3.

Entitlements under Chapters 12, 14, 15 and 16 are provided for dependants. These conditions apply.

 

a.

The member must be on a long-term posting.

 

b.

The dependant must meet one of these conditions.

 

i.

The dependant lives, or intends to live, with the member at the posting location for at least 12 months.

 

ii.

The dependant is entitled to education assistance under Chapter 15 Part 6 Education Assistance.

4.

For subparagraph 3.b.i, the CDF may approve a period of between six and 12 months. The CDF must consider all these criteria.

 

a.

The nature of the posting.

 

b.

The length of the posting period.

 

c.

The likely cost and benefit to the Commonwealth of providing entitlements for the dependant.

Example: Advice from the financial manager in the member's Group about the cost impact on the Group's budget of fares, removals, storage, health care.

 

d.

The family circumstances of the member.

 

e.

Any other factor relevant to the posting.

 

Persons who can make the decision under paragraph 12.3.5.1.c and subclause 12.3.5.4 on behalf of the Secretary/CDF:

A person working in the Personnel Administration Centre in Southern Victoria who is:

-       Overseas Administration Team Leader

-       Personnel Administration Manager Specialist

-       Civilian and Overseas Personnel Administration Centre Manager

-       Manager Personnel Administration Centre

Defence Travel Services Manager

12.3.6    Deployment

 

Deployment means warlike or non-warlike service overseas by members assigned for duty with a UN mission or a similar force.

12.3.7    Head of Post

 

Head of Post means the Australian Ambassador or High Commissioner responsible for the member’s posting location.

12.3.8    Location in Australia where member normally lives

 

A location in Australia where a member normally lives is where the CDF considers reasonable in the circumstances. This is if the member does not normally live at a particular location in Australia.

Example: A member has had five postings in the last 10 years, in various locations around Australia. The CDF may decide that it is reasonable to regard the member as normally living in the location where the member was recruited, or where their next of kin live.

 

Persons who can make the decision under clause 12.3.8 on behalf of the CDF:

A person working in the Personnel Administration Centre in Southern Victoria who is:

-       Overseas Administration Team Leader

-       Personnel Administration Manager Specialist

-       Civilian and Overseas Personnel Administration Centre Manager

-       Manager Personnel Administration Centre

Defence Travel Services Manager

12.3.9    Long-term posting overseas

1.

A long-term posting overseas is one of these periods.

 

a.

A continuous period of duty in an overseas country, for longer than six months.

 

b.

A continuous period of duty in a series of overseas countries, for longer than six months in total. The CDF may approve these periods of duty as a long-term posting. The CDF must consider all these criteria.

 

i.

The accommodation and living arrangements likely to be adopted by the member during the period of duty.

 

ii.

The period the member is to spend in each country.

 

iii.

Any other factor relevant to the period of duty.

 

c.

A period of short-term duty that the CDF extends beyond six months. The long-term posting starts on the date of approval of the extension.

2.

This subclause applies to a member who has spent time at a location while assigned to a deployment, and then does further duty there after the end of their deployment. The further duty is a long-term posting if the total period is six months or longer. The long-term posting starts on the date of approval of the further duty.

 

Persons who can make the decision under paragraphs 12.3.9.1.b and 12.3.9.1.c on behalf of the CDF:

Director General Navy Personnel and Training

Commander Australian Navy Systems Command

Director General Personnel – Army

Director General Personnel – Air Force

 

Persons who can make the decision under paragraphs 12.3.9.1.b and 12.3.9.1.c on behalf of the Secretary:

A person working in the Personnel Administration Centre in Southern Victoria who is:

-       Overseas Administration Team Leader

-       Personnel Administration Manager Specialist

-       Civilian and Overseas Personnel Administration Centre Manager

-       Manager Personnel Administration Centre

12.3.10   Non-warlike service

 

Non-warlike service means both these kinds of service for the purposes of the Veterans’ Entitlements Act 1986.

 

a.

Service with a Peacekeeping Force for the purposes of Part IV.

 

b.

Hazardous service for the purposes of section 120.

12.3.11   Operational area

 

Operational area means the operational area specified for the deployment in Annex 17.9.A.

12.3.12   Ordinary period of posting

 

The ordinary posting period is three years.

Exception: A shorter period may be specified for the posting location in column 2 of Part 1 of Annex 16.A.

12.3.13   Overseas post

 

An overseas post means any office or other establishment of the Commonwealth where a member is required by the Commonwealth to serve overseas, for any purpose. This includes a mission, appointment, station or place in a country overseas.

12.3.14   Parent

 

A parent includes a guardian or other person who is responsible for the day-to-day care of a child.

12.3.15   Posting location

 

For overseas service, a posting location means the location overseas where the member is on a long-term posting.

12.3.16   Posting period overseas

 

A posting period overseas means the period between the days described in these two paragraphs.

 

a.

The posting period begins on the day the member starts duty at the posting location after any rest period.

Exception: A member may arrive at the posting location on a day observed locally as a weekend or public holiday. If they start duty on the next working day, the posting period begins the day the member arrives at the posting location.

 

b.

The posting period ends on the day the member leaves their settling-out accommodation at the posting location.

Exception: A member may depart from the posting location on a day observed locally as a weekend or public holiday. If the member finished duty on the preceding working day, the posting period ends on the day the member departs from the posting location.

12.3.16A  Secretary – APS only

 

Secretary means the same as in the Public Service Act 1999, section 7.

12.3.17   Senior ADF representative

 

Senior ADF representative means the most senior Defence Force member at a posting location. This member has administrative authority for members serving at that location.

12.3.17A  Senior Executive Service employee – APS only

 

Senior Executive Service employee means the same as in the Public Service Act 1999, section 34.

12.3.18   Short-term duty overseas

 

Short-term duty overseas means a temporary absence to go to an overseas location, away from the normal place of duty. The absence is authorised by the Commonwealth for the purpose of performing duty overseas, either from Australia or from a posting location overseas. The period of absence is expected to be no longer than six months.

12.3.19   Time zone hour

 

A time zone hour is a change of one time zone during air travel. It is measured using Coordinated Universal Time (old Greenwich Mean Time). Summer time and daylight saving time are disregarded for the purposes of this definition.

See:
Chapter 13 Part 2 Division 2 clauses 13.2.7, Definitions – time zone hour
Chapter 14 Part 4 Division 3 14.4.13, Definitions – time zone hour
Annex 12.3.A, International time zones

12.3.20   Unaccompanied member

 

An unaccompanied member means a member who is not an accompanied member. This can happen for one of these reasons.

 

a.

The member does not have dependants.

 

b.

The member informs the Overseas Administration Team in writing that they will be unaccompanied at the post.

 

c.

The member is required to be unaccompanied at the post for one of these reasons.

 

 

i.

Hardship.

 

 

ii.

Safety.

 

 

iii.

The long-term posting is too short to justify a removal.

 

d.

The member ceases to be an accompanied member while at the post.

12.3.21   ...

 

PACMAN                                                        AL11 (September 2009)                                                Chapter 12 – Part 3 – 1