Part 3

Definitions

 

Division 1

Definitions general (clauses 1.3.3 to 1.3.73)

 

Division 2: Definitions dependants

 

FOR OTHER DEFINITIONS, SEE CHAPTER 1 PART 3 DIVISION 1

 

WARNING DIFFERENT DEFINITION FOR OVERSEAS CONDITIONS OF SERVICE

The following term is defined differently for overseas conditions of service:

dependant

That definition is in Chapter 12.

See: Chapter 12 Part 3, Definitions for Chapters 12 to 17.

 

Note: If a term is not defined anywhere in this manual or other legislation, it has the same meaning as in the Macquarie Dictionary. (This note is policy guidance.)

 

1.3.74   Marriage
1.3.75   Child
1.3.76   Dependants
1.3.77   Spouse
1.3.77A  Interdependent partner
1.3.77B  Partner
1.3.78   Dependent children
1.3.79   CDF-recognised dependants
1.3.80   Member with dependants
1.3.81   Member with dependants (unaccompanied)
1.3.81A  ...
1.3.82   Dependant with special needs
1.3.83   Member without dependants
1.3.84   Non-Service spouse and non-Service interdependent partner

1.3.74   Marriage

 

Marriage includes a recognised de facto marriage. Date of marriage includes the date on which the ADF recognises a de facto marriage.

1.3.75   Child

 

Child includes all these children.

 

a.

Children of the member.

 

b.

Children of the member's spouse or interdependent partner.

 

c.

Adopted children.

 

d.

Stepchildren.

 

e.

Wards.

 

Note: To be considered a dependant of the member, a child must meet the tests in clause 1.3.78 or 1.3.79

1.3.76   Dependants

1.

Any of these persons who normally lives with a member is the member's dependant.

 

a.

The member's spouse.

 

b.

The member's interdependent partner, if that relationship is recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships.

 

c.

The member's dependant child.

Note: This includes dependent children of the member's spouse or interdependent partner see the definition of dependent children in clause 1.3.78.

See: subclause 1.3.78.2 for the meaning of 'normally live with the member' in the case of a dependent child.

 

d.

A person acting as a guardian or housekeeper, if the member has a dependent child and any of these other conditions is met.

 

i.

The member has no spouse or interdependent partner.

 

ii.

The member's spouse or interdependent partner is an invalid or has a disability.

 

iii.

The member's spouse or interdependent partner is a member serving at another posting location.

 

e.

A person who has an interdependency relationship with the member that is recognised by the CDF under clause 1.3.79.

See: Clause 1.3.79, CDF-recognised dependants.

2.

For duty overseas see Chapter 12 Part 3 clause 12.3.5, Dependant.

3.

A person who applies to be recognised as an interdependent partner of a member between 1 December 2005 and 1 February 2006 is to be taken to have been a dependant for the purposes of paragraph 1.b. from 1 December 2005, if the CDF determines that the person would have met the interdependency and residency related conditions for recognition, had they been able to be assessed on that date.

 

Persons who can make the decision under subclause 1.3.76.3 on behalf of the CDF:

Commanding Officers

Commanding Officer Navy

Officer Commanding an independent sub-unit

Officers not below the rank of CAPT(E) or WO1(E) for recruiting applicants only

1.3.77   Spouse

 

Spouse, for a member, means a person who is married to the member in accordance with the Marriage Act 1961.

1.3.77A  Interdependent partner

1.

A member's interdependent partner, if the member's relationship is recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships or under subclause 1.3.76.3. This may also be known as partner.

 

2.

The following positions may approve an interdependent partnership in exceptional circumstances, in accordance with Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships.

 

 

a.

Director General Navy People.

 

b.

Director Navy Personnel Policy.

 

c.

Director Navy Employment Conditions.

 

d.

Director General Personnel Army.

 

e.

Director Personnel Policy Air Force.

 

f.

Deputy Director Personnel Policy Air Force.

 

g.

Deputy Director Service Conditions Air Force.

 

h.

...

3.

Approval processes in other circumstances are set out in Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships. (This subclause is policy guidance.)

 

1.3.77B  Partner

 

This term may be used interchangeably with the term 'interdependent partner'. It has the same meaning as that term in clause 1.3.77A.

See: Clause 1.3.77A, Interdependent partner

1.3.78   Dependent children

1.

A child is a dependent child if they meet all these conditions.

 

a.

They are a child of the member or the member's spouse or the member's interdependent partner.

 

b.

They normally live with the member.

See: Subclause 2 for the meaning of 'normally live'.

 

c.

They are under 21 years old.

Exception: This age limit does not apply if the child is an invalid or infirm.

Note: No means test is applied in assessing whether a child is a dependant.

2.

A child normally lives with a member if one of these conditions is met.

 

a.

The child is provided with overnight care in the member's home at their posting location for at least 90 nights a year.

 

b.

The child is only absent from the member's home because the child is in full-time education. This can be primary, secondary or undergraduate tertiary education.

Example: A degree or TAFE course.

 

c.

The CDF recognises that the child is expected to live with the member at their posting location on a frequent and regular basis. The CDF must consider all these criteria.

 

i.

The arrangements for the child's contact or residence with the member.

 

ii.

The member's access to the child.

 

iii.

The distance and transport between the child's location and the member's location.

 

iv.

The nature and extent of the member's duty commitments.

 

v.

Other factors that may be relevant to the relationship of the child and the member.

 

Persons who can make the decision under paragraph 1.3.78.2.c on behalf of the CDF:

Director General Navy People

Director Navy Personnel Policy

Director Navy Employment Conditions

Director General Personnel Air Force

Director Personnel Policy Air Force

Deputy Director Personnel Policy Air Force

Deputy Director Service Conditions Air Force

Director General Personnel Army

Director Personnel Policy Army

1.3.79   CDF-recognised dependants

1.

...

2.

The CDF can recognise a person as a dependant on the basis that the person has an interdependency relationship with a member. The CDF must have regard to these factors.

 

a.

The person has a close personal relationship to the member. The CDF may consider circumstances, including but not limited to, any of the following.

 

i.

Whether the dependency relationship is permanent, including evidence that the parties intend the relationship to be permanent.

 

 

Example: A non-dependent child who is orphaned may be recognised as a dependant when the member applies to adopt the child.

 

ii.

Ownership, acquisition and use of property.

 

iii.

The degree of mutual commitment to a shared life.

 

iv.

The care and support of children.

 

v.

The reputation and public aspects of the relationship.

Example 1. A statutory declaration that the relationship is one of interdependency.

 

vi.

The degree of emotional support.

 

b.

The person lives with the member.

Exception: The person is unable to live with the member because of an intellectual, physical or psychiatric disability.

 

 

Note: (This note is policy guidance.) It is generally a requirement that the person live with the member to be a CDF-recognised dependant. If the member later lives apart from that person, and that is not due to the person's disability, the person is no longer a dependant. The member is not eligible to be a member with dependants (unaccompanied) in relation to that person.

 

c.

The member provides the person with substantial financial support.

Non-example: A self-funded retiree in good health with their own home is not a dependant.

 

d.

One or each of them provides the other with interdependent support and personal care.

Example 1: A parent of the member or spouse. The parent is of pensionable age and suffering from a disabling illness. They are dependant on the member to provide a home and aged care.

Example 2: Evidence from doctors or specialists may show the person has medical conditions or disabilities for which the member provides care.

 

Persons who can make the decision under subclause 1.3.79.2 on behalf of the CDF:

Director General Navy People

Director Navy Personnel Policy

Director Navy Employment Conditions

Director General Personnel Air Force

Director Personnel Policy Air Force

Deputy Director Personnel Policy Air Force

Deputy Director Service Conditions Air Force

Director General Personnel Army

Director Personnel Policy Army

 

2A.

If it is reasonable having regard to any Service requirements, the CDF may recognise a person who does not normally live with the member as a dependant for conditions of service purposes, if the person could be recognised as a dependant under paragraph 1.3.76.1.a or 1.3.76.1.b had they normally lived with the member.

See: Subclause 1.3.76.1, Dependants

 

2B.

The CDF may recognise a member's live-in carer as a dependant for one or more of the benefits listed in the following table if satisfied that both the following circumstances apply.

 

 

a.

The live-in carer is for the member.

 

b.

The live-in carer is included on the member's rehabilitation plan.

 

Item

Benefit

Reference

1.

Removal

Chapter 6 Part 6

2.

Service residence

Chapter 7 Part 5

3.

Rent allowance

Chapter 7 Part 6

 

 

Note: The recognition of a live-in carer as a dependant ceases when the member no longer needs the carer.

 

Persons who can make the decisions under subclause 1.3.79.2A and subclause 1.3.79.2B on behalf of the CDF:

Director General Navy People

Director Navy Personnel Policy

Director Navy Employment Conditions

Director General Personnel Army

Director General Personnel Air Force

Director Personnel Policy Air Force

Deputy Director Personnel Policy Air Force

Deputy Director Service Conditions Air Force

 

3.

The CDF must not recognise a person as a dependant under this clause if they are satisfied that any of these circumstances apply.

 

a.

The person's relationship with the member is one of mere convenience.

Example 1: A member's 25-year-old child who is unemployed lives with the member for reasons of convenience, not interdependency.

Example 2: A person who acts as a housekeeper or guardian to a dependent child, when the member and spouse live together and are both working.

Example 3: A parent of the member or spouse. The parent is of pensionable age and looks after the member's children at the member's home but is otherwise able to live independently.

 

b.

There is alternative support, care or accommodation available to the person.

 

 

Example: A member looks after their grandchild while the child's mother is on holiday overseas. The child's father is working but does not want to pay for child care. The CDF determines that the child is not a dependant of the member since the child's parents remain responsible for the child's care and support.

 

 

Non-example 1: A member's grandchild has been orphaned. The member has assumed primary care of the child and has legal guardianship. The child has no other source of care or support. The CDF determines that the grandchild is a dependant of the member.

 

 

Non-example 2: A member's son has become permanently incapacitated after a car accident. The member's son was the primary carer of his child. The member has assumed care of their grandchild because they are the child's closest relative and have applied for legal guardianship. The CDF determines that the child has no other source of care or support, and is a dependant of the member.

 

c.

The person is a resident child carer to the member's family but is not otherwise a dependant of the member.

See: Chapter 7 Part 1 Division 3 clause 7.1.14, for the definition of resident child carer.

4.

The member may make their own arrangements for a person who is not recognised as a dependant under this Division but the Commonwealth may not provide dependant benefits under this Determination in relation to that person.

5.

(This subclause is policy guidance.) A person is a CDF-recognised dependant based on the circumstances at the time. If the circumstances change clause 1.5.2 provides that the member must tell their Commanding Officer about the change as soon as practicable.

See: Part 5 clause 1.5.2, Change in member's circumstances

1.3.80   Member with dependants

1.

A member with dependants means a member who provides and lives in a home at their posting location with at least one dependant.

1A.

A member with a dependant recognised under subclause 1.3.79.2A is recognised as a member with dependants even if the dependant does not normally live with the member.

Exception: If the circumstances on which the dependant was recognised change, this subclause ceases to apply.

Example: A member couple are unable to form a common household as a de facto couple because they have not been granted the posting to adjacent locations that they requested. They are recognised as dependants for the period of the posting. However, the couple separate after eight months. From that point on, the interdependency relationship ceases and the two members are no longer recognised as member with dependants.

See: Subclause 1.3.79.2A, CDF recognised dependants

2.

A member with dependants (unaccompanied) is a subset of the category defined as a member with dependants.

1.3.81   Member with dependants (unaccompanied)

1.

A member with dependants (unaccompanied) is a member who meets the conditions set out for that category in Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied).

See: Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied)

 

2.

The purpose of the member with dependants (unaccompanied) category is described in clause 8.3A.3.

See: Chapter 8 Part 3A Division 1 clause 8.3A.3, Purpose

 

3.

The package provided to a member with dependants (unaccompanied) and their dependants may recognise the additional costs of maintaining dependants in two locations. It may include benefits such as the following.

 

 

a.

Fully-subsidised accommodation for the member at the member's duty location.

 

b.

Reunion travel, food and utilities, and separation allowances.

 

c.

Partly-subsidised accommodation for the dependants.

 

d.

Removal at Commonwealth expense.

 

See: Chapter 8 Part 3A Division 1 clause 8.3A.6, Member who may be classified as a member with dependants (unaccompanied)

1.3.81A  ...
1.3.82   Dependant with special needs

1.

In this clause a decision maker means one of the following.

 

a.

Director General Defence Community Organisation.

 

b.

Director National Operations Defence Community Organisation.

2.

A dependant with special needs is a person who meets both of the following conditions.

 

a.

The decision maker has recognised the person for conditions of service purposes under subclause 4.

 

b.

The dependant has been assessed or recognised for the purpose of a condition, in accordance with the following table.

 

Item

These conditions regarded as special needs...

must be assessed or recognised by...

And the dependant must meet these qualifying criteria...

1.

Physical

a specialist medical practitioner

Not applicable

2.

Intellectual

3.

Sensory

4.

Multiple impairments

5.

Medical condition, illness or disability

6.

Speech or language disorders

a. a specialist medical practitioner

b. a paramedical practitioner Example: a speech therapist

7.

Social, emotional or behavioural

a. a specialist medical practitioner

b. a psychologist

8.

Specific learning difficulties

9.

Academically gifted or talented

a psychologist with qualifications and experience in assessing children

The child must achieve a score at or above the 95th percentile on:

a. any individual or group IQ test

b. on a subscale of an individual IQ test

 

3.

A member must do all of the following to have a dependant recognised as a dependant with special needs.

 

 

a.

Apply using form AC 832.

See: Annex 1.3.A, Form AC 832, Application for recognition of member with dependant with special needs

 

b.

Include copies of relevant supporting documents with the application.

 

c.

Send the completed application to the Defence Community Organisation.

4.

The decision maker will decide if the member's application for the recognition of a dependant with special needs is approved or not approved. A letter stating the decision will be forwarded to the following people.

 

 

a.

The member.

 

 

b.

The member's unit.

 

 

 

Defence Housing Australia.

 

 

d.

The career managers of the member's service.

 

5.

Recognition under this clause is valid until the circumstances on which the application was granted change. The member must advise the Defence Community Organisation in writing of any change that may affect eligibility.

 

1.3.83   Member without dependants

 

A member without dependants is a member who does not meet either of these definitions.

 

a.

The definition of a member with dependants under clause 1.3.80.

 

b.

The definition of a member with dependants (unaccompanied) under clause 1.3.81.

 

Example 1: The member has no recognised dependants.

 

Example 2: The member lives in an interdependent relationship not recognised by the ADF.

See:

Clause 1.3.81, Member with dependants (unaccompanied)

Chapter 8 Part 3A Division 1, Becoming a member with dependants (unaccompanied)

 

Example 3: The member does not provide a home for recognised dependants.

 

Example 4: The member provides a home for dependants, but chooses not to live with them for personal reasons.

 

Example 5: Two members marry or have an interdependent partnership recognised under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships, and both of these conditions are met.

a. Each member in the couple is posted to a different location.

b. They have not established a home together in one of the posting locations.

1.3.84   Non-Service spouse and non-Service interdependent partner

 

A member's spouse or interdependent partner who is not a member.

 

PACMAN                                            AL15 (February 2014)                            Chapter 1 Part 3 Division 2