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Division 10: Assistance for non-Service person on breakdown of marriage or breakdown of partnership

6.5.76 Purpose

This Division describes the following benefits.

  1. Removal and storage benefits for a non-Service spouse when their marriage with a member posted in Australia breaks down.

  2. Removal and storage benefits for a non-Service partner when their partnership with a member posted in Australia breaks down.

6.5.77 Person this Division does not apply to

This Division does not apply to a non-Service spouse or non Service partner whose relationship breaks down when they are living overseas with a member, except as follows.

  1. It does not apply for the overseas part of the removal.

    See: Chapter 14 Part 3 Division 6 section 14.3.27, Ceasing to be a member with dependants overseas

  2. It does apply for the Australian part of the removal.

6.5.78 Eligibility for removal

  1. The CDF may grant a removal to a non-Service spouse or non-Service partner when their relationship with a member posted in Australia breaks down. The CDF must consider all of these factors.

    1. Evidence of the couple's intention to establish separate living arrangements.

    2. The accommodation arrangements available to the non-Service spouse or non-Service partner.

    3. Any relevant decisions, rulings or orders made by the Family Court of Australia.

    4. Any factor relevant to the non-Service spouse or non-Service partner's ability to make separate living arrangements.

  2. The non-Service spouse or non-Service partner is only eligible for these benefits.

    1. Removal costs mentioned in this Division and Division 7 of this Part.

    2. Costs of pet relocation.

      See: Part 1 Division 3, Pet relocation

    3. Costs of delivering and collecting a vehicle from a transporter's depot.

      See: Division 5 section 6.5.44, Collection and delivery of transported vehicles.

    4. Compensation for loss or damage.

      See: Part 4, Compensation for loss or damage to items stored or removed

  3. The non-Service spouse or non-Service partner may choose to have their and their dependants' furniture and effects removed. The request must be in writing. The removal may be to a residence at either of the following.

    1. The same location.

    2. One of the locations in this table.

Locations
Item Option Conditions
If the ADF member of the couple is in the Permanent Forces at the time the relationship breaks down...
1. The location of the member's and dependant's last permanent residence at the time of enlistment or appointment. This option is only available if the marriage or ADF recognition of the partnership took place in Australia.
2. The non-Service spouse or non-Service partner's point of entry into Australia. This option is only available if both these conditions are met.
  1. The marriage or ADF recognition of the partnership took place outside Australia, and
  2. The non-Service spouse or non-Service partner's passage to Australia was at Commonwealth expense.
3. Any other location in Australia where the spouse or partner has established or intends to establish a permanent home.
If the ADF member of the couple is in the Reserves on continuous full-time service Forces at the time the relationship breaks down...
4. Where they lived with the member immediately before the member started full-time service. This option is only available if the member was appointed or enlisted in Australia.
5. Any other location in Australia. The amount the Commonwealth will pay is limited to the cost of a removal to the location in item 4.

Note: Part 4 provides information on Commonwealth indemnity, insurance and claims for loss or damage of furniture and effects on removal.

Note: In the total workforce model, the Permanent Forces may be said to comprise members in Service categories 6 and 7. A member of the Reserves on continuous full-time service may be described as a member in Service category 3, 4 or 5 and Service option C.

Persons who can make the decision under subsection 6.5.78.1 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

6.5.79 Removal of vehicles

  1. A non-Service spouse or non-Service partner is eligible for the removal of one private vehicle and one towable item to another location in Australia.

  2. The eligibility under subsection 1 is limited to removal of one recreational or hobby vehicle, or one other towable item, but not both. This is because a recreational or hobby vehicle is classified as a towable item.

  3. The Commonwealth will remove the recreational or hobby vehicle only if it meets one of these conditions.

    1. It has normal or restricted registration for road use.

    2. It is capable of being given normal or restricted registration for road use.

  4. The CDF must determine whether a vehicle (and any associated trailer) to be removed under this section as a single unit is a recreational or hobby vehicle.

    See: Division 5 section 6.5.43, Removal of recreational or hobby vehicles

  5. A non-Service spouse's or non-Service partner's benefits for collection and delivery of a vehicle are the same as for a member under section 6.5.44.

    See: Division 5 section 6.5.44, Collection and delivery of transported vehicles

Persons who can make the decision under subsection 6.5.79.4 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

6.5.80 Limits on cost of removal

  1. The Commonwealth will remove a non-Service spouse's or non-Service partner's items only if one of these conditions has been met.

    1. Consent orders have been made and filed with the Family Court of Australia.

    2. The Family Court of Australia has issued a property settlement ruling.

    3. A property order has been made under relevant State or Territory legislation.

    4. The member has given their written consent.

  2. A non-Service spouse or non-Service partner is eligible for only one removal on relationship breakdown. If the couple reunite and separate again, no removal will be granted for either event.

  3. The Commonwealth will pay costs of storage only during the removal from the old location to the new location.

6.5.81 Time limit for removal

The non-Service spouse or non-Service partner must complete their removal within 12 months of the marriage breakdown. The CDF may extend the period if satisfied it would be reasonable to do so.

Persons who can make the decision under section 6.5.81 on behalf of the CDF:
Contract Manager Relocation Services
Assistant Director Operations
Director Relocations and Housing

6.5.82 Private arrangements for removal

  1. A non-Service spouse or non-Service partner may make private arrangements for a removal of their furniture and effects. They are eligible for the reimbursement of their costs in the same way as a member under section 6.5.16.

    See: Division 2 section 6.5.16, Privately arranged removals – eligibility

  2. If the non-Service spouse or non-Service partner makes urgent private arrangements, they may be reimbursed costs the CDF considers reasonable.

Persons who can make the decision under subsection 6.5.82.2 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

6.5.83 Hire of household items

A non-Service spouse or non-Service partner is eligible for the reimbursement of the cost of hiring replacement household items. They are eligible in the same way as a member under section 6.5.13.

See: Division 2 section 6.5.13, Hire of replacement household items

6.5.83A How to claim

The points of contact for the non-Service spouse or non-Service partner about removal arrangements are as follows.

  1. During a posting within Australia. The spouse or partner should contact the Toll Transitions on 1800 819 167.

  2. During an accompanied overseas posting. The spouse or partner should contact the Overseas Administration Team.

  3. See: Contact information in Chapter 12 Part 2 section 12.2.2.

    Note: The rules about the removal from the overseas posting location to Australia are in Chapter 14, not in this Part.

Application to Reservists: No.



Forms

  • Application for relocation
  • AA157, ADF Application to Live-in, Live-out an categorisation
    (This form is available on the webform system or through the Defence Service Centre.)

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Further info

Contact

Toll Transitions

1800 819 167

www.tollgroup.com/tolltransitions

Defence Service Centre

1800 DEFENCE (1800 333 362)

YourCustomer.Service@defence.gov.au