Division 6: Removal on ceasing continuous full-time service

 

TAX ALERT: PACMATE Annex 3.A, item 113.

6.6.38   Purpose
6.6.39   Removal on ceasing continuous full-time service
6.6.40   Removal if service continues after intended date of ceasing
6.6.41   Removal on ceasing continuous full-time service at own request
6.6.42   Removal of a vehicle on ceasing continuous full-time service

6.6.38   Purpose

 

This Division describes the entitlements of a member who is removed on ceasing continuous full-time service, or in advance of ceasing.

 

Note: 'Ceasing continuous full-time service' includes all forms of discharge. This includes on retirement, retrenchment, and on completing a period of engagement. Note that Division 1 clause 6.6.5 prevents some members who cease continuous full-time service from having a removal entitlement.

6.6.39   Removal on ceasing continuous full-time service

1.

A member who qualifies for a removal on ceasing continuous full-time service is entitled to have their furniture and effects removed at Commonwealth expense. This table sets out different members' entitlements.

 

See: Division 1 clause 6.6.4, Members entitled to removal

 

Item

If the member…

then their removal entitlement is…

1.

plans to live at a different location in Australia after ceasing continuous full-time service.

from the posting location that the member was last removed to before ceasing continuous full-time service

 

to a home in another Australian location, that the member will live in after ceasing.

1A.

meets both the following conditions.

a. The member occupies and receives housing assistance for any of:

i.   living-in accommodation; or
ii.   a Service residence; or iii.   a rent allowance residence.

b. The member plans to live in Australia in the same location after ceasing full-time service

from the living-in accommodation, service residence or rent allowance residence

 

to the home in the same location that the member will live in after ceasing continuous full-time service.

1B.

meets both the following conditions.

a. The member occupies a

home where they are not receiving housing assistance under Chapter 7, Parts 5 or 6.

b. The member plans to live in the Australian posting location that the member was last removed to before ceasing continuous full-time service.

no removal entitlement.

2.

plans to relocate overseas after ceasing continuous full-time service

from the location where the member last had a removal

 

to the Australian capital city that is the nearest point of deployment to the overseas destination. The Commonwealth will remove and deliver their goods to the agent they use to ship those goods overseas from that capital city. This will fulfil all Commonwealth obligations.

3.

is a member of the Reserves on continuous full-time service, appointed or enlisted in Australia

from the location where the member last had a removal

 

to one of these locations.

a.  The location where they lived immediately before they began full-time service.

b.  Another destination. The Commonwealth will only pay up to the amount that option a. would have cost.

 4.

is a member of the Reserves on continuous full-time service, appointed or enlisted from an overseas country

from the location where the member last had a removal

to one of these locations.

a.  The capital city in Australia that is the nearest point of deployment to the overseas destination. The Commonwealth will pay only for removal and delivery to the agent the member uses to ship their goods overseas from that capital city.

b.  Another destination, if the member intends staying in Australia after ceasing. The Commonwealth will only pay up to the amount that Option a. would have cost.

 

2.

The removal can be timed in accordance with this table.

 

Item

The member may be removed...

if...

1.

before ceasing continuous full-time service

the member has received a discharge authority. The removal may take place at either of these times:

a.  During long service leave or other leave that comes immediately before the date of ceasing.

b.  Any time during the final 12 months of service.

2.

for compassionate reasons before ceasing continuous full-time service

the CDF is satisfied that at least one of the following conditions is met.

a.   The removal is the result of a dependant’s illness. It must be supported by a civilian medical practitioner and endorsed by the Defence Health Service.

b.   Suitable accommodation is not available in the member’s current posting location.

c.   Suitable secondary or higher education for the member’s child or children is not available in their current posting location.

d.   There are other exceptional reasons that require the member to move.

The member must provide copies of relevant documents to the CDF. A medical certificate is one example.

The member need not have received a discharge authority. The removal can be more than 12 months before ceasing.

3.

after ceasing full time service

it is no more than 12 months after the date of ceasing.

Exception: The CDF may extend this period if the CDF considers it reasonable in the circumstances.

 

3.

This subclause applies to a member who does not complete their service at the time notified in the discharge authority, and who continues to serve. The member must pay to the Commonwealth any amount they received for the removal. This does not apply if the removal coincides with a posting during the final 12 months of service.

 

Persons who can make the decision under subclause 6.6.39.2, table items 2 and 3, on behalf of the CDF:

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

6.6.40   Removal if service continues after intended date of ceasing

1.

A member may have had a removal in advance of ceasing continuous full-time service, but they continue to serve beyond the date notified in their discharge authority.

 

2.

On their next posting, the member is entitled to a removal at Commonwealth expense. It is limited to the cost of a removal from a. to b. below.

 

 

a.

The location they were posted to immediately before the removal in advance of ceasing continuous full-time service.

 

 

b.

The new posting location.

 

 

Example: A member posted in Melbourne is removed to Perth in advance of ceasing. They continue to serve past their expected date of ceasing. They are then posted to Sydney. They are entitled to a removal only to the value of a removal from Melbourne to Sydney.

 

3.

If the member's next posting is to a seagoing ship, they are entitled to a removal to the value of a removal from their home port.

 

4.

The limits on entitlement in subclauses 2 and 3 do not apply in either of these cases.

 

 

a.

Both the following conditions are met.

 

i.

The member was granted a removal to a personal location where benefits are provided.

See: Division 3 clause 6.6.19, Compassionate removal to a personal location where benefits are provided  

 

ii.

The Commonwealth did not place cost limits on the removal.

 

b.

The removal in advance of ceasing continuous full-time service corresponds with a regular removal on posting during the final 12 months of the member’s service.

 

6.6.41   Removal on ceasing continuous full-time service at own request

1.

A member who ceases continuous full-time service at their own request is entitled to a removal to one of the locations in the table in Division 6 clause 6.6.39. To qualify, they must meet the relevant conditions in this table.

 

Item

If the member is…

then the condition for removal is that…

1.

a.  an other rank member, or

b.  an officer on a fixed tenure appointment.

 

Note: 'Other rank' members are listed at Schedule B.12

they must have completed one of these periods.

a.  Their initial period of engagement or appointment.

b.  Six years’ continuous full-time service.

 

2.

an officer on an indefinite appointment

they must have completed, in total, six years’ continuous full-time service.

 

2.

The member might not meet the conditions in the table in subclause 1 above. In this case, the CDF may still approve a removal if satisfied that the member meets all of these conditions.

 

a.

There are compassionate reasons for ceasing continuous full-time service that cannot be resolved by any other means.

 

b.

The compassionate reasons are beyond the member’s control.

 

c.

The circumstances leading to the request to cease continuous full-time service have come about since the member enlisted or was appointed, or have seriously worsened since that time.

3.

For a member with less than three years’ continuous full-time service who is offered a removal under subclause 2, the Commonwealth subsidy for a removal is limited. It covers only the cost of a removal to one of these places.

 

a.

The member’s place of enlistment.

 

b.

For an overseas applicant, the port of entry to Australia.

 

Persons who can make the decision under subclause 6.6.41.2 on behalf of the CDF:

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

6.6.42   Removal of a vehicle on ceasing continuous full-time service

 

A member's entitlement to removal of a vehicle on ceasing continuous full-time service is the same as for removal of a vehicle on posting. This includes removal of a towable item or a recreational or hobby vehicle.

See: Division 5 Clause 6.6.33.

 

PACMAN                                                            AL5 (March 2011)                                Chapter 6 – Part 6 Division 6 – 1