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Division 3: Assistance on injury, illness or death arising out of operational support duty

17.8.14 Purpose

The purpose of this Division is to provide assistance to an APS employee and their family if the employee is very seriously or seriously ill or injured, or dies in the performance of operational support duty.

17.8.15 Definitions

This table defines terms used in this Division.

Definitions
Term Definitionin this Division
Serious illness

Means the same as item 2 of the table in section 1.3.72, Serious illness.

See: Chapter 1 Part 3 Division 1 section 1.3.72, Serious illness

Very serious illness

Has the meaning in section 1.3.78, Very serious illness.

See: Chapter 1 Part 3 Division 1 section 1.3.78, Very serious illness

17.8.16 Employees eligible for assistance under this Part

The assistance under this Division may be provided for an employee who becomes very seriously or seriously ill or injured, or dies, in a period when either of the following circumstances apply.

  1. The employee is performing operational support duty.

  2. The employee is travelling in conjunction with a period of operational support duty.

17.8.17 APS employee on operational support duty injured or ill

An APS employee who is very seriously or seriously ill may be provided assistance as an eligible person under the Australians seriously ill scheme in Part 4.

See: Part 4, Australians dangerously ill scheme – overseas

Exception: Subsection 17.4.4.2, Person this Part applies to, does not apply to an eligible APS employee.

17.8.18 APS employee on operational support duty dies

  1. This section applies to an eligible APS employee on operational support duty who dies.

  2. The Director General Defence Community Organisation may approve funeral costs in relation to an APS employee's funeral as if the employee were a member of the ADF for the purposes of Chapter 11 Part 4. The approved costs are payable to one of the following people.

    1. The relevant service provider.

    2. The employee's legal personal representative.

    3. The employee's dependant.

    Exception: A gun carriage is not available for an APS employee under paragraph 11.4.5.i.

    See: Chapter 11 Part 4, Funeral costs, floral and non-floral tributes

  3. The Director General Defence Community Organisation may approve floral and non-floral tributes at Commonwealth expense under section 11.4.8.

  4. See: Chapter 11 Part 4 section 11.4.8, Floral and non-floral tributes

17.8.19 No double benefit if workers' compensation received

  1. For the purpose of this section, advance payments under this Division can be made to any of the following people, as the case requires.

    1. The relevant service provider.

    2. The employee's legal personal representative.

    3. The employee's dependant.

  2. An amount may be paid under this Division in advance of a decision on whether the employee is eligible for workers' compensation or not.

  3. Example: An employee has been injured. It is not clear whether the injury was work related or not so the member's eligibility for workers' compensation has not been determined. The employee may receive an amount under this Division.

  4. If the employee becomes eligible for workers' compensation under the Safety, Rehabilitation and Compensation Act 1988 (the Act) for a benefit already paid under this Division, the relevant of the following amounts paid under this Division must be repaid to the Commonwealth.

    1. If the amount paid for a benefit through the Act is less than the amount paid for that benefit in advance under this Division, the amount to be repaid is the same as the amount paid under the Act.

    2. If the amount paid for a benefit through this Division is less than the amount paid for that benefit through the Act, the amount to be repaid is the amount paid for the benefit under this Division.

    Example: The Act may provide for payment of funeral costs for an employee who has died. Those costs have already been paid in advance under this Division. The amount paid for funeral costs through the Act was less than the amount paid in advance under this Division. The amount of advance that must be repaid to the Commonwealth is the same as the amount paid under the Act.

  5. An amount paid for a funeral under the Act must be repaid in accordance with subsection 3 when both of the following apply.

    1. The advance payment was made to a relevant service provider for funeral costs.

    2. The funeral payment has been made under the Act to the employee's legal personal representative or dependant.

Application to Reservists: No.




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