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Division 1: Leave travel to a restricted destination

5.2.3 Purpose

  1. This Division outlines the steps which a member must take when they plan to travel to a restricted destination during a period of leave.

    See: Chapter 1 Part 3 Division 1 section 1.3.68, Restricted destination

  2. A member must apply for a leave travel restriction waiver when they want to travel to a restricted destination.

5.2.4 Member this Division applies to

This Division applies to a member in relation to the grant of leave for a member who has applied for a period of any of the following leave types and who plans to travel to a restricted destination in that period.

See: Chapter 1 Part 3 Division 1 section 1.3.68, Restricted destination

  1. Recreation leave.

    See: Part 4

  2. Long service leave.

    See: Part 5

  3. War service leave.

    See: Part 8

  4. Compassionate leave.

    See: Part 9 Division 2

  5. Leave without pay.

    See: Part 10

5.2.5 Leave travel restriction waiver not required

  1. If a member is to transit through a restricted destination a leave travel restriction waiver is not required if both of the following circumstances are reasonably expected to apply during the transit.

    1. The member remains in the port or airport.

    2. The member does not pass through any customs or immigration process.

      Example: The member is travelling to London and the flight has a three hour layover in a restricted destination. The member will disembark the plane but will not pass through customs or leave the airport. A leave travel restriction waiver is not required.

  2. The member must notify their leave decision-maker of any proposed transit through a restricted destination on their notification of proposed overseas travel form (webform number AB644).

5.2.6 Applying for a leave travel restriction waiver

  1. A member must apply using the ADF leave travel restriction waiver application form (webform number AE042), for permission from the Deputy Chief Joint Operations to travel to a restricted destination in a period of proposed leave.

    Note: Applying for leave and travel overseas may involve up to 3 forms.

    1. Notification of proposed overseas travel form (webform number AB644).

    2. ADF leave travel restriction waiver application form (webform number AE042)

    3. A relevant leave form.

  2. The member must provide their reasons for travel on their application to the Deputy Chief Joint Operations for travel to the restricted destination. These may include any of the following.

    1. The member's situation is one which would allow the grant of compassionate leave under section 5.9.10.

      See: Part 9 Division 2 section 5.9.10, Compassionate leave

    2. The member wishes to travel in relation to employment prospects after they leave the ADF. Both the following conditions apply.

      1. The member's Commanding Officer must examine a request for pre-separation travel for employment. This must happen before the member applies for a restricted travel waiver.

      2. In making a decision under subparagraph i. the Commanding Officer must take into account DI(G) Personnel 25-6, Conflicts of interest and declarations of interests, as in force on 6 April 2017.

    3. The travel relates to the member's cultural or religious responsibilities.

      Example: The member wishes to undertake the Haj pilgrimage.

    4. Another person has requested the member travel to the restricted destination.

      Examples: A wedding or family reunion.

    5. Any other relevant circumstance.

    Exception: If the reason is to simply allow a member to take a holiday in a restricted destination, that is not sufficient grounds for an approval decision.

  3. The member must include the notification of proposed overseas travel form (AB644), stating the locations that they intend to visit while on leave, with their ADF leave travel restriction waiver application form (webform number AE042).

    Note: It is advised that the member should not make any travel arrangements or financial commitments for the travel before approval is given under this Division.

5.2.7 Application process

  1. The member must submit their application for a leave travel restriction waiver to their Commanding Officer or Director a minimum of 30 working days before the proposed travel date.

    Exception: If it is not possible to apply 30 days in advance of travel, the member must apply as soon as reasonably practicable before the travel.

  2. The member's Commanding Officer or Director must take both the following actions with the member's leave travel restriction waiver application.

    1. Provide reasons for recommending or not recommending the application.

    2. Forward the application to the Brigadier or equivalent in the member's chain of command.

  3. The Brigadier or equivalent must take both the following actions with the member's leave travel restriction waiver application.

    1. Provide reasons for recommending or not recommending the application.

    2. Forward the application to the Deputy Chief Joint Operations for consideration.

  4. The member's leave decision-maker must not approve the member's leave application before the Deputy Chief Joint Operations has notified them of the decision on the leave travel restriction waiver.

    Note: An Australian Public Service employee may make a leave decision but cannot approve a leave travel restriction waiver, it can only be done by the relevant ADF officer.

5.2.8 Grant of a leave travel restriction waiver

  1. The Deputy Chief Joint Operations may only approve the member's application for travel to a restricted destination when satisfied that the application is reasonable, and one of the circumstances in subsection 5.2.6.2 applies.

    See: Section 5.2.6, Applying for a leave travel restriction waiver

  2. In making a decision under this section, the Deputy Chief Joint Operations must also consider all of the following matters.

    1. Any recommendation from the member's Commanding Officer or Director.

    2. Any recommendation from the Brigadier or equivalent in the member's chain of command.

    3. The security and threat circumstances of an area.

      Example: The location is in civil unrest and it could endanger the member to be off-duty in that location.

    4. Whether the travel could be approved on any of the following conditions.

      1. The member must make all reasonable efforts to contact a specified Australian official on arrival in and departure from the restricted location, or at regular intervals while in the location.

      2. The member must contact the Australian Embassy in the restricted location if required to pass through customs or immigration in that location.

      3. The member must make all reasonable efforts to remain contactable at all times while in the restricted location.

    5. Any other relevant matter.

      Example: The restricted location may be one where ADF members are engaged in conflict. It could endanger the member or the mission for an Australian member to be off-duty in that location.

  3. The Deputy Chief Joint Operations must advise the member's leave decision-maker of the leave travel restriction waiver decision as soon as practicable after it is made.

5.2.9 Leave travel restriction waiver approved

  1. After a member's leave decision-maker has received notification that the member's leave travel restriction waiver has been approved, the member's leave decision-maker may approve or deny the member's leave on the basis of the member's statement in their notification of proposed overseas travel form (webform number AB644).

  2. In making the decision under subsection 1 the member's leave decision-maker should have regard to advice issued by any of the following.

    1. Deputy Chief Joint Operations.

    2. Department of Foreign Affairs and Trade.

      Related Information: The Department of Foreign Affairs and Trade publishes its travel advisories on www.smartraveller.gov.au.

      Example 1: The leave decision-maker considers a location where there is a recommendation that Australians reconsider travel. There is no other information that suggests that the member would be at risk and so the decision-maker decides to grant the member leave for travel there.

      Example 2: The leave decision-maker notes that there is an active civil conflict in a country and that the travel advice is not to travel in that area. The leave decision-maker decides not to grant the member's application for leave that states the member's intent to travel to the location and provides written reasons why the leave has been denied.

  3. After a member's leave travel restriction waiver and the accompanying proposed notification of overseas travel form and the member's leave have been approved, the member must do both of the following as soon as practicable.

    1. Register their travel on the Department of Foreign Affairs and Trade smart traveller web site.

      See: www.smartraveller.gov.au

    2. Register their itinerary on PMKeyS Self Service.

5.2.10 Leave travel restriction waiver not approved

  1. If the leave travel restriction waiver is not approved by the Deputy Chief Joint Operations the member's application for leave for proposed overseas travel cannot be granted. The member's leave decision-maker must not approve the leave application.

  2. The member may modify their proposed travel and submit a new leave application for approval.

5.2.11 Travel to an unapproved restricted destination

  1. If a member travels to a restricted destination that was not considered by the decision-maker in making the grant of leave, then the grant of leave is revoked from the time at which the member enters the restricted destination.

    Note: This means that the member ceases to be on authorised leave when they enter a restricted destination without permission from the Deputy Chief Joint Operations to travel to that location.

    Exception: The member travels to a restricted destination in either of the circumstances described in subsection 2.

  2. The member must notify the Australian Government Representative, Australian Embassy or High Commission in the restricted destination if either of the following circumstances occurs. This notice must be given as soon as practicable.

    Note: The member's leave is not revoked under subsection 1 in either of the following circumstances.

    1. The travel to the restricted destination is beyond the member's control.

      Example: The member's aeroplane makes an unscheduled stop at an airport in a restricted location for servicing. The member remains in the airport and informs their Commanding Officer on return from leave.

    2. The member travels to the restricted destination on transit and is required to move outside the airport for reasons beyond their control.

      Example: The member is on transit at an airport at a restricted destination. The aeroplane the member was to travel on has been grounded and the next available flight is not until the next day. The member is required to leave the airport to stay in a hotel overnight. The member informs their Commanding Officer on return from leave.

5.2.12 Restricted destination allowances and conditions

If a member has travelled to a restricted destination that was approved under this Division, they are not eligible for any allowances or conditions which a member may receive if they were posted or deployed to that destination.

Application to Reservists: Yes.



Forms

Copies of forms are available on the webforms system or through the Defence Service Centre.

  • AB644, Notification of proposed overseas travel
  • AE042, ADF leave travel restriction waiver application

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Further info

  • Smart traveller
  • Defence Instruction (General) Personnel 25-6, Conflicts of interest and declarations of interests
    (This document is available on the Defence intranet or through the Defence Service Centre.)

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