|
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 |
1.3.74 Marriage
1.3.75 Child
1.3.76 Dependants
1.3.77 Spouse
1.3.77A Interdependent
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
|
|
Marriage includes a recognised de facto marriage. Date of marriage includes the date on which the ADF recognises a de facto marriage. |
|
|
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. |
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 p |
||
|
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 |
|
|
Spouse, for a member, means a person who is married to the member in accordance with the Marriage Act 1961. |
|
|
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. |
|
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 p Assistant Director Entitlements Director Entitlements |
|
1. |
This clause does not apply to a person whose relationship is of a type dealt with under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships. Examples: An interdependent partnership. |
||
|
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 decl |
|
|
|
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. |
|
|
|
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: Assistant Director Entitlements Director Entitlements Director General Navy People Director Navy Personnel Policy Director Navy Employment Conditions Director General Personnel – Air Force Director Military Administration – Air Force Deputy Director Personnel Concepts and Policy – 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 |
|
Persons who can make the decision under subclause 1.3.79.2A on behalf of the CDF: Director General Navy Personnel and Training Director General Personnel – Army Director General Personnel – Air Force |
|
3. |
The CDF must not recognise a person as a dependant under this clause if they are satisfied that either, or both, 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. |
|
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. |
|
|
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. |
This clause may only apply to a member who is categorised as a member with dependants under clause 1.3.80. Note: The category member with dependants includes a member with dependants (unaccompanied). |
|
|||||
|
2. |
The purpose of this clause is to define a category of members eligible for special conditions in the following situations. |
|
|||||
|
|
a. |
A member with dependants who proceeds on duty unaccompanied by their dependants. |
|
||||
|
|
aa. |
A member with dependants recognised as a member with dependants under subclause 1.3.80.1A. See: Subclause 1.3.80.1A, Member with dependants |
|
||||
|
|
b. |
A member with dependants who incurs additional costs because they are living apart from their family. |
|
||||
|
3. |
A member may only be categorised as a member with dependants (unaccompanied) under subclause 4 or 5 for a period when the member provides a home for their dependants in one of the following locations. |
|
|||||
|
|
a. |
The member's losing location. See: Clause 1.3.36, Losing location |
|
||||
|
|
b. |
A location that the member was previously posted to, if the member has provided a home for dependants there since that previous posting. |
|
||||
|
|
|
Note: P See: Subclause 1.3.52.1,
Posting location – within |
|
||||
|
|
c. |
A location for which the member has been granted Commonwealth assistance, for a removal of dependants on compassionate grounds or for exceptional reasons. See: |
|
||||
|
|
d. |
A location for which the member has been granted Commonwealth assistance for a removal in advance of posting. See: Chapter 6 Part 6 Division 4, Postings or deployments Exception: A member's dependants may be removed to a new location in advance of the member being discharged. This is not a location for which a member can be categorised as a member with dependants (unaccompanied). |
|
||||
|
|
e. |
A location specified in a posting order, to which the member has previously removed their dependants in anticipation of the posting order. |
|
||||
|
|
f. |
A location for which the member has been granted Commonwealth assistance, for a removal of dependants to enable the member's spouse or partner to continue in employment or study. See: Subclause 6.6.19.1A, Removal to chosen location |
|
||||
|
4. |
A member may be categorised as a member with dependants (unaccompanied) if they meet all the following conditions. |
|
|||||
|
|
a. |
Either of the following statements applies to the member. |
|
||||
|
|
i. |
The member is categorised as a member with dependants. |
||||
|
|
ii. |
The member was categorised as a member with dependants (unaccompanied) for the posting the member held just before the new posting. |
||||
|
|
b. |
The member is posted to a new posting location for a period of six months or more. |
||||
|
|
|
Exception: The member is also eligible if their dependants are granted Commonwealth assistance for a removal in exceptional circumstances during the member's posting. |
||||
|
|
c. |
The member chooses in writing to be categorised as a member with dependants (unaccompanied). |
||||
|
|
|
See: Part
5 Annex 1.5.A,
Categorisation forms Example 1:
A member with dependants is posted from Example 2: A
member with dependants is posted from Example 3:
A member with dependants is posted from See: Chapter 6 Part 6 Division 3, Removal to a chosen location Non-example:
A member with dependants is posted from Puckapunyal to |
||||
|
|
d. |
The member lives at the posting location without their dependants. Exception:
Subclause 6 contains a limited exception to this condition. |
||||
|
5. |
A member is categorised as a member with dependants (unaccompanied) for any period of up to six months during which all of the following circumstances apply to the member. |
|
||||
|
|
a. |
The member is categorised as a member with dependants. |
|
|||
|
|
b. |
The member is required to perform duty away from their posting location. |
|
|||
|
|
c. |
The time away from the member's posting location is more than 14 days. |
|
|||
|
|
Note 1: The member does not need to lodge the form at Annex 1.5.A for this to occur. Note 2: This category can apply more than once for the same location. |
|
||||
|
|
Example 1:
A member is loan posted from Rockingham, where her family live, to a seagoing
ship in Example 2:
A member with dependants proceeds to a new location on temporary duty to
support a contractor for the period of the contract, which is expected to be
four months. The member is automatically categorised as member with
dependants (unaccompanied). At the end of the four months, additional funding
is approved. The contract is varied, so that it will run for four more
months. The member is required to stay another four months but is not
formally posted to the location. The member is recognised as member with
dependants (unaccompanied) for the additional period (making a total of eight
months). Even though the total period is longer than six months, the two
periods are sep |
|
||||
|
6. |
A member is eligible to be categorised as a member
with dependants (unaccompanied) under subclause 4 or 5 if they meet all the
following conditions. |
|
||||
|
|
a. |
The member has a spouse or interdependent partner who is also a member. |
|
|||
|
|
b. |
The member is posted to a new posting location. |
|
|||
|
|
c. |
The member and their spouse or interdependent partner provide a home for dependants at the losing location. |
|
|||
|
|
d. |
The member occupied the home at the losing location with at least one dependant before the posting. |
|
|||
|
|
e. |
The member provides a sep |
|
|||
|
|
f. |
The member occupies the sep |
|
|||
|
7. |
The CDF may decide that a member is taken to be a member with dependants (unaccompanied) having regard to the following criteria. Note: For members categorised as a member with dependants under subclause 1.3.80.1A see subclause 8. |
|
||||
|
|
a. |
Whether Service or compassionate reasons meant the member was unable to meet the requirements of subclause 4 or 5. |
|
|||
|
|
b. |
Whether it is consistent with the purpose of this clause. |
|
|||
|
|
c. |
The health and welfare of the member and dependants. |
|
|||
|
|
d. |
Any other relevant matter, including any exceptional reasons for categorisation. |
|
|||
|
Persons who can make the decisions under subclause 1.3.81.7 on behalf of the CDF: Assistant Director Entitlements Director Entitlements Director General Navy People Director Navy Personnel Policy Director Navy Employment Conditions Director General Personnel – Air Force Director Military Administration – Air Force Deputy Director Personnel Concepts and Policy – Air Force Director General Personnel – Army Director Personnel Policy – Army |
|
8. |
If it is reasonable having regard to any Service requirements, the CDF may decide that a member recognised as a member with dependants under subclause 1.3.80.1A is taken to be a member with dependants (unaccompanied). |
|
|
Note 1: Clause
1.5.2 requires a member who is categorised under subclause 5, 6, 7 or 8 of
this clause to inform their Commanding Officer about any change in
circumstances that could affect the member's categorisation. |
|
|
Note 2: Each time that their family or posting circumstances change, a member must make a fresh application for categorisation under subclause 5, 6, 7 or 8 of this clause, if they wish to stay in the member with dependants (unaccompanied) category. Example:
The member lodges a new form each time their posting location changes, even
though their dependants may not move house. |
|
Persons who can make the decisions under subclause 1.3.81.8 on behalf of the CDF: Director General Navy Personnel and Training Director General Personnel – Army Director General Personnel – Air Force |
|
1. |
A dependant who is assessed or recognised for the
purpose of a condition, in accordance with the table and who is recognised by
the Director General |
|
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 p |
|
|
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 |
|
2. |
A
member must apply in writing to the local See: Annex 1.3.A, Application for recognition of member with dependant with special needs (AC832) |
|
|
3. |
When
an application has been received, a |
|
|
|
a. |
Assess the member's written application. |
|
|
b. |
Ensure that all supporting paperwork is included with the application. |
|
|
c. |
Discuss with the member any implications for special needs requirements on future postings. |
|
|
d. |
Provide
a written report which includes recommendations to Director
General Note: The recommendation, application and relevant paperwork is
sent to: |
|
4. |
The Director General Defence Community Organisation 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. |
|
|
c. |
The Defence Community Organisation social worker who made the recommendation. |
|
|
d. |
The career managers of the member's relevant service. |
|
5. |
The
recognition of a dependant with special needs is valid until there is any change
in the circumstances that generated the original request for recognition. The
member must advise the Director General |
|
|
|
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: Chapter 8 Part 2, Recognition of interdependent partnership |
|
|
|
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. |
|
|
|
A member's spouse or interdependent partner who is not a member. |