15.2.28 Purpose
15.2.29 Member
this Division applies to
15.2.30 Recreation
leave
15.2.31 Absence
from posting location
15.2.32 Continuing
and unavoidable costs during absence
15.2.33 Members
leaving posting location before their dependants
15.2.34 Payment
of overseas living allowance for unused leave
15.2.35 Detention
(ADF only)
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This Division explains how specific circumstances may affect a member's overseas living allowance. |
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This Division applies to a member in any of these situations. |
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a. |
The member is on recreation leave. |
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b. |
The member is temporarily away from the posting location on duty. |
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c. |
The member has been evacuated from their posting location. |
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d. |
A member has spouse or dependant who is temporarily away from the posting location. |
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e. |
The member leaves a posting location before their dependants. |
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f. |
The member has a period of unused leave that accrued during the posting period. |
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g. |
The member is serving a period of detention. |
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1. |
A member continues to accrue recreation leave while on long-term posting overseas. See: Chapter 5 Part 2, Recreation leave |
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2. |
Overseas living allowance is payable during the member's leave, subject to these conditions. |
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a. |
It is only payable for the period of recreation leave that the member has accrued on their long-term posting. |
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b. |
It is payable for the period in p |
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c. |
The limits in clause 15.2.34 apply to leave taken after the posting ends. |
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1. |
This clause 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 2, Recreation leave, and Part 3, Long service leave |
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2. |
An unaccompanied member remains entitled to full overseas living allowance for up to four weeks of continuous absence. After the first four weeks, the member is only entitled to the cost of living adjustment. |
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3. |
An accompanied member remains entitled to the full accompanied rate of overseas living allowance until after four weeks of continuous absence by the member's spouse or interdependent partner, who was living with the member at the posting location. |
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4. |
After a continuous absence of four weeks by the member's spouse or interdependent 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 interdependent partner leaves. Four weeks after the member's spouse or interdependent partner leaves, the member goes on to the unaccompanied rate of overseas living allowance. Later the member's spouse or interdependent partner returns and the member resumes the accompanied rate. |
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5. |
A member may be recalled to duty at a location during assisted leave travel authorised under Chapter 15 Part 3 Division 7 or Chapter 16 Part 4. In these cases, the member is entitled to the following for the period of the recall. |
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a. |
Travel costs at the rate for the location in Annex 13.3.A. |
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b. |
Overseas living allowance at the rate for the member's posting location. |
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c. |
For a member who uses accommodation in See: Annex
9.5.B, Amounts for accommodation, meals and incidentals for travel card –
accommodation supplied through |
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d. |
For a member who uses commercial accommodation in See: Annex 9.5.A, Amounts for accommodation, meals and incidentals for travelling allowance and travel card |
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Note:
The Commonwealth's service provider is the Lido Group Pty Ltd (ABN 42 006 852
991). |
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6. |
When the member's spouse or interdependent partner returns to the posting location, the member again becomes an accompanied member. |
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TAX ALERT: PACMATE Annex 3.B, item 85. |
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1. |
A member may be temporarily away from their posting location on duty, or for reasons beyond their control. Examples: Illness, injury and hospitalisation. |
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2. |
The member is entitled to be reimbursed certain continuing and unavoidable costs at their posting location during their absence. All these conditions apply. |
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a. |
Approval may only be given if the CDF is satisfied that the member could not reasonably avoid incurring the costs. |
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b. |
The member would normally be paid for the costs through overseas living allowance or another benefit under this Chapter. |
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c. |
The member's overseas living allowance or other benefit has stopped. |
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3. |
These costs can be reimbursed. |
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a. |
The continued employment of domestic and gardening help. |
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b. |
Rent and utilities. |
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c. |
Telephone rental. |
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Persons who can make the decision under p A person not below WO2/APS 5 who is authorised to manage Defence personnel administration at the overseas post Senior ADF Representative at the overseas post Head of Post 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 A person authorised to manage Defence personnel administration at the specified overseas post who locally engage staff (LES) who is: - Secretary (Defence) Berlin - Defence Administrative Assistant Baghdad - Defence Office Manager Islamabad - Research and Finance Officer Paris - Personnel
Assistant to Defence Attaché Ank - Defence Office Manager Ottawa - Defence Administration Assistant – New Delhi - Manager Defence Administration – London |
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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 entitled to continued payment of overseas living allowance. The rate will be whatever rate applies to the member from time to time. See: Chapter 12 Part
3 |
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2. |
Overseas living allowance is only payable for the shortest of these periods. |
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a. |
The period that the dependant remains at the posting location after the member leaves. |
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b. |
Four weeks, if the dependant cannot leave because of organisation requirements on the member. |
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3. |
The CDF may approve payment of overseas living allowance for a longer period. The CDF must consider both these criteria. |
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a. |
The reason the dependant remained after the member's departure. |
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b. |
The date the dependant will travel from the posting location at Commonwealth expense. |
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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 overseas living allowance for a period of eight weeks approved by the CDF authorised person under subclause 3. |
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Persons who can make the decision under subclause 15.2.33.3 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 |
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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. |
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a. |
On medical or compassionate grounds relating to the member or a dependant, they left the posting early, or left the ADF. |
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b. |
The operational needs of the ADF prevented them from taking the leave. |
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2. |
After the member's posting, the CDF may authorise overseas living allowance to be paid. The allowance is payable for the period of unused leave that the member takes overseas. |
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3. |
Overseas living allowance may not be paid for leave taken
in Exception: A member who is on leave in between overseas postings and travelling under clause 15.3.41 is entitled to overseas living allowance. |
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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. |
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5. |
To work out the overseas living allowance payable under this clause, use the rate that the member was entitled to on the last day of their posting period. |
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Persons who can make the decision under subclauses 15.2.34.1 and 15.2.34.2 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 |
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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. |
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2. |
This clause applies to a member who meets both these conditions. |
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a. |
They are serving a period of detention under service law. |
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b. |
They were entitled to overseas living allowance immediately before they began the period of detention. |
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3. |
The member is entitled to an amount of overseas living allowance approved by the CDF. The CDF must consider all these criteria. |
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a. |
If the member was an accompanied member before the detention started. |
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b. |
The member's dependants who continue to live in the posting location. |
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c. |
The nature of costs, if any, that the member continues to incur during their period of detention. |
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4. |
Members in detention are not entitled to any other payments under this Part. |
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Persons who can make the decision under subclause 15.2.35.3 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 |