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Division 1 : Becoming a member with dependants (unaccompanied)

8.3.3 Purpose

  1. Section 1.3.96 defines a member with dependants (unaccompanied) as a member who meets the requirements of this Division.

    See: Chapter 1 Part 3 Division 2 section 1.3.96, Member with dependants (unaccompanied)

  2. This Division describes who may be a member with dependants (unaccompanied), and some associated administrative matters.

8.3.4 Purpose of member with dependants (unaccompanied) category

The purpose of the member with dependants (unaccompanied) category is to describe a group of members with dependants who become eligible for special benefits in any of the following circumstances. This is not a complete list.

  1. The member performs duty in a location where their dependants do not live.

  2. The couple are both ADF members, and one member does not proceed to a new posting location.

  3. The couple are both ADF members, and one member moves to a new location. Each member has at least one dependant living with them.

  4. The member's dependants live at a personal location for reasons that are described in Division 2.

    See: Division 2, Member with dependants (unaccompanied) summary

8.3.5 Members who may not be a member with dependants (unaccompanied)

The member with dependants (unaccompanied) category is not for members in the following situations. This is not a complete list.

  1. The member has not formed a common household with their spouse, partner or other dependant.

    Example: A member is posted to Brisbane, and marries a man who is studying in Melbourne. After the marriage the couple continue their former living arrangements so the spouse can finish his degree. Even though they are apart the member can not be a member with dependants (unaccompanied).

    Exception: Paragraph a does not apply if all the following conditions apply to the member.

    1. The member is the spouse or partner of another member.

    2. The members are not able to form a common household for Service reasons.

    3. The CDF recognises one member of the couple as a dependant for conditions of service.

      See: Chapter 1 Part 3 Division 2 section 1.3.85, Dependants recognised by CDF

    4. The members are posted to separate locations.

  2. The member meets all of the following conditions.

    1. The member proceeds on duty unaccompanied by their dependants.

    2. The member's dependants live in a household at the member's losing location.

    3. All of the member's dependants in the household at the losing location are dependent children.

      Example: A member is a single parent with two dependent children, aged 18 and 20. The member is posted to another location. The children remain in the family home. Even though the family is apart the member can not be a member with dependants (unaccompanied). The member may be eligible for education assistance, including tertiary education assistance.

  3. The member is a member without dependants.

Exception: Subsection 8.3.6.6 provides a power that may be used to approve member with dependants (unaccompanied) status for a member who could otherwise fall into any of the above groups.

8.3.6 Member who may be classified as a member with dependants (unaccompanied)

  1. There are a number of ways to be classified as a member with dependants (unaccompanied).

    Classification
    Item If... the rules are in...
    1. the member is posted away from their dependants for six months or more subsection 2.
    2. the member is on short-term duty away from their posting location subsection 3.
    3. the member and their member spouse are posted apart subsections 4 and 5.
    4. there are Service or compassionate reasons that prevent a member from meeting the rules in subsections 2 or 3 subsection 6.
    5. the dependants move to a personal location for which removal benefits are not provided subsection 7.
  2. A member may be categorised as a member with dependants (unaccompanied) for any period in which they meet all the following conditions.

    1. The member falls into a class described in the following table.

      Class of member
      Item Class Description
      1. Class 1 The member is categorised as a member with dependants.
      2. Class 2 The member was categorised as a member with dependants (unaccompanied) for the member's last posting.
      3. Class 3 The member meets both the following conditions.
      1. The member was recruited from overseas and moved to Australia at Commonwealth expense.
      2. The member's dependants' first Australian home is not at the member's first posting location.
      4. Class 4 The member meets all the following conditions.
      1. Before 17 February 2011 the member's family chose to live in a different location to the member.
      2. The member's family are still living apart from the member.
      3. The CDF determines that the member's situation is similar to a member whose dependants moved to a personal location after 17 February 2011. The CDF should consider the following criteria.
        1. Whether the member's family would be dependants, if they lived with the member.
        2. The ongoing commitment to a shared family life.
      Example: In 2008 a member's spouse did not accompany the member on a new posting. The member and her spouse still live in different locations. The member shows the CDF that she and her spouse are still a family. The CDF decides the member's current situation is similar to that of a member who makes a current decision to move their dependants to a personal location.
    2. The member is posted to a new posting location for a period of six months or more.

      Exception 1: The member does not need to satisfy the condition in paragraph b. if their dependants are granted Commonwealth assistance for a removal in compassionate circumstances during the member's posting.

      See: Chapter 6 Part 5 Division 3 subsection 6.5.19.1, Compassionate removal to a personal location where benefits are provided

      Exception 2: A member's dependants may be moved to live with extended family support while the member is deployed. In this case, the member does not need to satisfy the condition in paragraph b. for the part of their posting that remains to be served on return from deployment.

      Exception 3: The member does not need to satisfy the condition in paragraph b. if the separation from dependants occurs because the member's dependants leave the gaining location to move back to the losing location.

      Exception 4: A member does not need to satisfy the requirements in paragraph b if they are described in item 4 of the table in paragraph a.

    3. The member lives at their normal place of duty without their dependants.

      Exception: If only children remain in the dependants' location, the member is not eligible to be categorised as a member with dependants (unaccompanied) under this subsection.

      See: Section 8.3.5, Members who may not be a member with dependants (unaccompanied)

      Non-Example: A member has part-time care of a child, for fewer than 90 nights in a year. The child is not taken to be a dependant of the member for conditions of service purposes. The member stays categorised as a member without dependants in any period when the child is in the member's care.

  3. A member is categorised as a member with dependants (unaccompanied) for any period during which all of the following circumstances apply.

    1. The member is categorised as a member with dependants.

    2. The member is required to perform duty away from their posting location.

      Exception: If only children remain at the losing location, the member is not eligible to be categorised as a member with dependants (unaccompanied).

    3. The period of duty away from the member's posting location is more than 14 days but less than six months.

      Exception: Paragraph c. does not apply if separate consecutive periods of duty in a location total more than six months. They are individual periods of duty and so meet this condition.

      Example: A member with dependants goes to a new location on temporary duty to support a contractor for a four-month contract. The member is automatically categorised as a member with dependants (unaccompanied). At the end of the four months the contract is varied. It will run for four more months. The member is required to stay another four months but is not formally posted to the location. The member is recognised as a member with dependants (unaccompanied) for the extra period. Even though the total period is longer than six months, the two periods are separate periods of duty. The member can be categorised under subsection 3 for both periods.

    Note: The member does not need to lodge form AD291 to be categorised as a member with dependants (unaccompanied) under subsection 3.

    Example: A member is loan posted from Rockingham, where her family live, to a seagoing ship in Sydney for less than six months. The member is automatically categorised as member with dependants (unaccompanied).

  4. A member is eligible to be categorised as a member with dependants (unaccompanied) in the circumstances set out in subsection 5 if they meet all the following conditions.

    1. The member has a spouse or partner who is also a member.

      See: Subsection 5 provides more information about who may be categorised as a member with dependants (unaccompanied) in this situation.

    2. One of the members is posted to a new posting location.

    3. The member's spouse or partner provides a home for dependants.

      Note: The member may or may not also provide a home for dependants.

    4. The member or their spouse or partner occupied the home at their losing location with at least one dependant before the posting.

  5. The following table describes how a member who is described in subsection 4 may be classified as a member with dependants (unaccompanied).

    Member may be classified as a member with dependants (unaccompanied)
    Item Situation Categorisation
    1. One of the members is unaccompanied by any dependants.The other member provides a home for dependants.

    Examples:
    1. A Service couple are separated for Service reasons. One member moves to a new location alone, leaving their member spouse and other dependants behind.
    2. A Service couple are separated for Service reasons. One member moves to a new location with the children, leaving their member spouse home alone.
    The member who does not live with dependants is categorised as a member with dependants (unaccompanied). The other member is a member with dependants.

    Exception: The member with dependants may be required to temporarily leave the family home for Service reasons, such as a course. That member may also be categorised as member with dependants (unaccompanied) under subsection 3.

    Example: An ADF couple is posted to Sydney. One member of the couple is later posted to Melbourne. The couple decide that the dependants stay in the family home in Sydney. The member posted to Melbourne can be classified as a member with dependants (unaccompanied).
    2. Both members are accompanied by dependants.

    Example: A Service couple are separated for Service reasons. One member moves to the new location with a child. The couple's other child stays behind in the old location with the other member.
    1. One member of the couple is eligible to be categorised as a member with dependants (unaccompanied). The other member is a member with dependants.

    2. Exception: The member with dependants may be required to temporarily leave the family home for Service reasons, such as a course. That member may also be categorised as member with dependants (unaccompanied) under subsection 3.
    3. The members may elect which member is to be the member with dependants (unaccompanied).
    4. If members are unable to elect which member is to be the member with dependants (unaccompanied), the senior member is taken to be the member with dependants (unaccompanied).
  6. The CDF may decide that a member is taken to be a member with dependants (unaccompanied) having regard to the following criteria.

    Note: This discretion may be used for a member categorised as a member with dependants under subsection 1.3.95.3 (see subsection 7).

    1. Whether Service or compassionate reasons meant the member was unable to meet the requirements of subsections 2 or 3.

      Example: A couple have already been recognised as members with dependants. They are posted apart and are unable to form a common household. The CDF decides that it is reasonable to recognise one of the couple as a member with dependants (unaccompanied).

      See: Chapter 1 Part 3 Division 2 section 1.3.83, Dependants

    2. The health and welfare of the member and dependants.

    3. Any other relevant matter.

  7. Persons who can make the decisions under subsection 8.3.6.2, table item 4.c, and subsection 8.3.6.6 on behalf of the CDF:
    Director General Navy People
    Director Navy Personnel Policy
    Director Navy Employment Conditions
    Director General Personnel – Army
    Director Personnel Policy – Army
    Staff Officer Grade 1 – Personnel Policy – Army
    Director General Personnel – Air Force
    Director Personnel Policy – Air Force
    Deputy Director Personnel Policy – Air Force
    Deputy Director Service Conditions – Air Force

  8. The CDF may approve a member as a member with dependants (unaccompanied) because the member's dependants have moved to a personal location for which removal benefits are not provided.

    1. A member categorised under this subsection is only eligible to receive benefits for their own use. The member receives limited dependant benefits.

    2. The CDF may specify a section in Division 2 that forms the list of benefits the member and their dependants can access.

    See:
    Section 8.3.5, Members who may not be a member with dependants (unaccompanied)
    Division 2, Member with dependants (unaccompanied) summary, for a summary of conditions of service that apply to a member with dependants (unaccompanied) in different situations.

  9. Persons who can make the decisions under subsection 8.3.6.7 and paragraph 8.3.6.7.b on behalf of the CDF:
    Commanding Officer or Officer Commanding, not below MAJ(E)/APS6, in the member's direct chain of command

8.3.7 Ending member with dependants (unaccompanied) categorisation

A member stops being a member with dependants (unaccompanied) if any of the following circumstances apply to them.

  1. The member's circumstances have changed, and the member does not qualify for the member with dependants (unaccompanied) category.

  2. The CDF determines that a categorisation ceases for a member even though the circumstances on which it was granted have not changed. The CDF must be satisfied that the member no longer meets the purpose of the category. The CDF must inform the member of the decision.

    Example: The member ceases duty for a long period of leave during which the member could reunite with their dependants.

    Note: The member could seek to have the decision redressed if the member does not agree.

  3. Persons who can make the decision under paragraph 8.3.7.b on behalf of the CDF:
    Director General Navy People
    Director Navy Personnel Policy
    Director Navy Employment Conditions
    Director General Personnel – Army
    Director Personnel Policy – Army
    Staff Officer Grade 1 – Personnel Policy – Army
    Director General Personnel – Air Force
    Director Personnel Policy – Air Force
    Deputy Director Personnel Policy – Air Force
    Deputy Director Service Conditions – Air Force

  4. The CDF decides that a categorisation ceases for a member as the member's circumstances have changed, and the member does not qualify for the former category.

    See: Chapter 1 Part 5 section 1.5.3, Change in member's circumstances

  5. Persons who can make the decision under paragraph 8.3.7.c on behalf of the CDF:
    Director General Navy People
    Director Navy Personnel Policy
    Director Navy Employment Conditions
    Director General Personnel – Army
    Director Personnel Policy – Army
    Staff Officer Grade 1 – Personnel Policy – Army
    Director General Personnel – Air Force
    Director Personnel Policy – Air Force
    Deputy Director Personnel Policy – Air Force
    Deputy Director Service Conditions – Air Force
    Commanding Officer or Officer Commanding, not below MAJ(E)/APS 6, in the member's direct chain of command

8.3.8 Processes for categorisation as member with dependants (unaccompanied)

  1. A member who wishes to be categorised as a member with dependants (unaccompanied) under section 8.3.6 must apply in writing.

    Exception: An application is not required for categorisation as a short-term member with dependants (unaccompanied) under subsection 8.3.6.3.

    See: Section 56 of the Defence Force Discipline Act 1982, False statement in relation to application for a benefit

  2. Each time their family or posting circumstances change, a member must make a fresh application for categorisation under section 8.3.6, if they wish to stay in the member with dependants (unaccompanied) category.

    Example: The member lodges a new form each time their posting location changes, even though their dependants may not move house.

Non-Example: The member is not required to lodge a form when their posting at a location is extended and they do not move house or job.

Note: Section 1.5.3 requires a member to inform their Commanding Officer about any change in circumstances that could affect their categorisation.

See:
Chapter 1 Part 5 section 1.5.3, Change in member's circumstances
Section 8.3.6, Member who may be classified as a member with dependants (unaccompanied)
Division 2, Member with dependants (unaccompanied) summary, for a summary of conditions of service that apply to a member with dependants (unaccompanied) in different situations

Application to Reservists: Yes, on continuous full-time servcie.



Forms

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

  • AE681, ADF Categorisation Change and approval to Live-In/Live-Out

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