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TAX ALERT: PACMATE Annex 3.A, item 21. |
3.6.2 Benefits
continue in some situations
3.6.3A Relevant
Defence Force Regulations (This clause is policy guidance)
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A member may lose their salary and allowances, or have them suspended, during any of the following situations. |
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a. |
Absence without leave. |
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b. |
Absence from duty and in civil custody. |
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Note: This does not apply if a member is on approved leave while in custody. |
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c. |
Serving a period of detention under Service law. |
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d. |
Serving a period of imprisonment under a law that is not Service law. |
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See: Part XIII of the Defence Force Regulations 1952 |
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1. |
A member may continue to receive certain benefits if they are in any of the following situations. |
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a. |
On service detention. |
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b. |
On absence without leave, which does not lead to discharge, civil conviction or service conviction as described in regulation 65 of the Defence Force Regulations 1952. |
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c. |
On approved leave for a period of civil custody pending or during the trial of the member for an offence. |
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2. |
A member described in subclause 1 may continue to receive any benefit listed in the following table. |
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Item |
Benefit |
For conditions for payment, see |
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1. |
ADF district allowance |
Chapter 4 Part 4 Divisions 1 and 2 |
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2. |
Woomera allowance |
Chapter 4 Part 4 Division 3 |
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3. |
Port |
Chapter 4 Part 4 Division 4 |
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4. |
Removal and storage for a member with dependants |
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5. |
Housing assistance |
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6. |
Education assistance |
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7. |
Dependants with special needs assistance |
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8. |
Uniform allowance |
Chapter 10 Part 1 |
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9. |
Overseas living allowance |
Chapter 15 Part 2 |
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1. |
A member's dependant continues to receive benefits if the member is absent for any of the reasons listed in subclause 3.6.1. |
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Example: A member gets education assistance for his son. The member is charged and sentenced to serve a twelve-month period of imprisonment under Service law. The member's son applies to continue receiving the assistance. The member's Service Chief agrees to continue the assistance until the end of the son's critical school year. |
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2. |
The
Service Chief may decide that a member's dependants are to receive benefits
of the kind listed in the following table. |
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Item |
Benefit |
For conditions for payment, see |
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1. |
ADF district allowance |
Chapter 4 Part 4 Divisions 1 and 2 |
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2. |
Woomera allowance |
Chapter 4 Part 4 Division 3 |
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3. |
Port |
Chapter 4 Part 4 Division 4 |
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4. |
Removal and storage |
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5. |
Housing assistance |
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6. |
Education assistance |
Chapter 8, Part 4 |
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7. |
Dependants with special needs assistance |
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8. |
Emergency support for Families Scheme |
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9. |
Bereavement payment. |
Chapter 11, Part 3 |
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10. |
Overseas living allowance payable on the same basis as before the member became absent. |
Chapter 15 Part 2 |
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11. |
Accompanied rate of hardship allowance payable on the same basis as before the member became absent. |
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3. |
The Service Chief may decide that benefits payable under subclause 1 or 2 cease from a specified date. |
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Example: A member's service is to be terminated from a date. The Service Chief notifies the member's dependants that their benefit will cease from the same date. |
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4. |
The Service
Chief must consider the following factors when making a decision under
subclause 2 or 3. |
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a. |
The personal circumstances of the member or their dependants. |
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b. |
Whether the member's service will be terminated. |
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c. |
Whether the member's dependants have insufficient immediate family or local support. |
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d. |
Whether there are Commonwealth benefits available to the dependants. |
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e. |
Any other factors relevant to the application. |
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Part XIII of the Defence Force Regulations 1952 sets out details of suspension or loss of entitlements. See: Part XIII of the Defence Force Regulations 1952 |
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Regulation 59 |
Definitions |
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Regulation 60 |
Suspension of payment of salary and allowances |
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Regulation 61 |
Certificate of commanding officer |
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Regulation 62 |
Effect of suspension |
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Regulation 63 |
Cessation of suspension – absence without leave |
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Regulation 64 |
Cessation of suspension ‑ civil custody |
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Regulation 65 |
Forfeiture of salary and allowances – absent without leave |
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Regulation 66 |
Forfeiture of salary and allowances – civil custody |
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Regulation 67 |
Forfeiture of salary and allowances – imprisonment |
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Regulation 68 |
Forfeiture of salary and allowances – detention under Service law |
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Regulation 69 |
Conviction quashed or set aside |
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Regulation 70 |
Death of a member during suspension |
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Regulation 71 |
Review of decisions |
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Regulation 72 |
Recovery of forfeited amounts |