1.5.1 Purpose
1.5.2 Change
in member's circumstances
1.5.3 Overpayment
1.5.4 Recovery
by the Commonwealth
1.5.5 Decision-makers
to avoid conflict of interest
1.5.6 Member
to provide evidence of payment
1.5.7 Appeal
rights (This clause is policy guidance)
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A member must meet certain obligations when they have an entitlement. This Part sets out those obligations. |
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1. |
Members are responsible for keeping themselves informed about their entitlements. |
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2. |
This clause applies if a member or their dependants meet both these conditions. |
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a. |
They have qualified for an entitlement. |
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b. |
There is a change in the circumstances by which they qualified. |
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3. |
The member must tell their Commanding Officer about the change as soon as practicable. Note: This requirement helps the Commonwealth prevent overpayments being made. |
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4. |
The member must also inform the approving authority for any housing assistance that the member is in receipt of about the change as soon as practicable. |
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5. |
A member must fill in and provide the relevant form at Annex 1.5.A to their Commanding Officer as soon as practicable after either of these events. See: Annex 1.5.A, Categorisation forms |
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a. |
If the number of dependants a member has changes. Example: The member's relationship is recognised as an interdependent partnership under Defence Instruction (General) Personnel 53-1, Recognition of Interdependent Partnerships. |
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b. |
The member is notified of a change of posting location which will result in a change from one of these categories to another. |
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i. |
Member with dependants. See: Clause 1.3.80. |
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ii. |
Member with dependants (unaccompanied). See: Clauses 1.3.81. |
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iii. |
Member without dependants. See: Clause 1.3.83. |
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This clause applies if a person has been paid more than the amount they are entitled to. |
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The person must repay to the Commonwealth the difference between their entitlement and the amount they were paid. Example: A member is paid vehicle allowance in advance of travel. They do not travel, or they travel less than they expected to. They must repay all or part of the allowance, whichever applies. Exception: Where tax has been deducted from an amount overpaid and the amount was paid in a previous financial year. See: Tax alerts, PACMATE Part 3 clause 3.8 Tax effect – overpayment and recovery (This reference is policy guidance) See also: Chapter 3 Part 4 clause 3.4.2, Overpayment (This reference is policy guidance) Note: The Defence Chief Executive Instructions set out the procedures for dealing with overpayments. (This note is policy guidance) |
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This clause applies if a member must repay an overpayment of salary or allowances to the Commonwealth. |
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The Commonwealth may recover the overpaid amount from the salary and allowances that the member has been – or may be – paid. The Commonwealth still has the right to recover the overpaid amount by other means. |
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This clause applies if a member would get a personal benefit from a decision they are authorised to make. |
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The member must refer the decision to another decision-maker at or above their rank or classification. |
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See: PACMATE Annex 5.A, Decision-Maker's Handbook on Defence Conditions of Service (This reference is policy guidance) |
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This clause applies to a member who is entitled to be reimbursed a payment they made. |
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2. |
The member must provide either of the following as evidence that they made the payment. |
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Written evidence, including any original receipts. |
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b. |
A statutory decl |
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The member must provide the items when they lodge their claim for reimbursement or as soon as practical after that time. Note: A person who knowingly makes a false
statement in a statutory decl |
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1. |
A member may have an issue with the way a condition of service has been applied to them. This might include an adverse decision on their case by a CDF authorised person or an approving authority. See: PACMATE Annex 5.A, Decision-maker's Handbook on Defence Conditions of Service |
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2. |
In the first instance, the member should try to resolve the issue informally. If this is unsuccessful, they may seek a formal review under the redress of grievance process. |
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3. |
Grievances and adverse decisions are subject to a review of their merits under the ADF redress of grievance system. This process could culminate in an appeal to the Defence Force Ombudsman. |