PACMAN Chapter 6 Part 6 Division 11: Removal on death of a member

TAX ALERT: PACMATE Annex 3.A, item 121.

This Division describes removal and storage entitlements when a member dies.

1.	When a member with dependants dies, the dependants are entitled to a removal to one of these locations.
	a.	A place within the same location.
	b.	One of the locations in this table, up to the cost limit for the item.

Item	Option	Conditions
*Member of the Permanent Forces at the time of death*
1.	The location of the member's and their dependants' last permanent residence at the time of enlistment or appointment	Removal is limited if appointment or enlistment was from outside Australia. a. If the member was appointed or enlisted from Norfolk Island, removal is to Sydney. b. If the member was appointed or enlisted from any other external territory of Australia, removal is to the capital city nominated by the dependants. c. If the member was appointed or enlisted from another country, removal is to the port at which the member first entered Australia.
2.	Any other location in Australia	The spouse or interdependent partner must meet one of these conditions. a. The spouse or interdependent partner has established a permanent home there. b. The spouse or interdependent partner intends to establish a permanent home there.
3.	An overseas country.	a. The Commonwealth may pay reasonable costs of removal and travel to a location in a country that the dependants are entitled to live in, if both the following conditions are met. i. The member was enlisted or appointed from another country. ii. The dependants choose to be removed before the end of the period that the member had agreed to serve in Australia. b. In all other cases, the Commonwealth will pay costs up to the amount that would otherwise be payable under items 1 or 2.

*Member of the Reserves in continuous full-time service at the time of death*
4.	The location where the member lived immediately before starting full-time service.	This option is only available if the member was appointed or enlisted in Australia.
5.	Any other location.	This option is only available if the member was appointed or enlisted in Australia. The Commonwealth will not pay more than the cost of a removal to the location described in the option in Item 4.
6.	To the port where the member first entered Australia.	This option is only available if the member was appointed or enlisted from an overseas country.
7.	Any other location in Australia	This option is only available if the member was appointed or enlisted from an overseas country. The Commonwealth will not pay more than the cost of the relevant entitlement in the option in Item 1. If the CDF is satisfied that the dependants have established or intend to establish a permanent home in the location, the Commonwealth will pay for the removal as if it was a normal Service removal. The CDF must consider these criteria. a. Whether the dependants have extended family in the location. b. Whether the dependants have residential property in the location. c. Employment prospects for the dependants in the location. d. Whether there is evidence of plans to move to the location made before the member's death. Example: Correspondence with real estate agents.

2.	This clause applies when the spouse or interdependent partner of the deceased member is also a member.
3.	A deceased member may not have been living with their dependants when they died. In this case, items in the member’s possession when they died will be removed to the person legally entitled to receive them.
4.	Items in the dependants’ possession or in storage will be removed in the same way as items would be removed for a member with dependants.
5.	All options in the table above include a removal of furniture and effects from a store in any location. It does not matter whether the items were originally removed and stored at Commonwealth or private expense.

Persons who can make the decision under subclause 6.6.75.1, table item 7, on behalf of the CDF:

An employee of Toll Transitions who performs the duties of:

- National Relocations Administration Services Manager

- Regional Relocations Manager

- Relocation Administration Services Manager

- Senior Case Manager

Contract Manager Relocation Services

Assistant Director Operations

Director Relocations and Housing

1.	If a member without dependants dies while serving in Australia, their furniture and effects will be removed to the address of the person legally entitled to receive them.
2.	The furniture and effects may be removed to the Commonwealth removalist's store. They may be stored at Commonwealth expense for up to three months while the recipient arranges to accept them. The CDF may extend this period if satisfied it is reasonable. The CDF must consider both of these factors.
	a.	The length of time needed to administer the member’s estate.
	b.	Any arrangements necessary to hand over the member’s furniture and effects.
	Note: Removal arrangements need to be made in association with Service Instructions about a deceased member’s effects. (This note is policy guidance)

Persons who can make the decision under subclause 6.6.76.2 on behalf of the CDF:

Contract Manager Relocation Services

Assistant Director Operations

Director Relocations and Housing

1.	Furniture and effects should be removed within six months of the date of death. The CDF may extend this period if satisfied it is reasonable.
2.	The Commonwealth will not pay for costs involved in removing, storing or insuring furniture and effects that dependants gain after the member's death.
	See: Division 7 clause 6.6.52 for information about storage of furniture and effects following the death of a member.

Persons who can make the decision under subclause 6.6.77.1 on behalf of the CDF:

Contract Manager Relocation Services

Assistant Director Operations

Director Relocations and Housing

PACMAN AL11 (August 2011) Chapter 6 – Part 6 Division 11 – 1