Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9) (Cth)

Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 29 April 2020

F L McSPEERIN Assistant Secretary People Policy and Employment Conditions Defence People Group

Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—Domestics conditions amendments Defence Determination 2016/19, Conditions of service Schedule 2—Overseas conditions amendments Defence Determination 2016/19, Conditions of service Schedule 3—Transitional

1 Name This instrument is the Defence Determination, Conditions of service Amendment (COVID-19 response) Determination 2020 (No. 9).

2 Commencement This instrument commences on the day after registration.

3 Authority This instrument is made under section 58B of the Defence Act 1903.

4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Domestics conditions amendments

Defence Determination 2016/19, Conditions of service 1 Paragraph 7.9.11.1.e (Member not eligible for food allowance) Omit "14", substitute "15". 2 Paragraph 11.4.9.2.a (Funeral costs) Omit the paragraph. 3 Section 11.4.10 (Funeral overseas) After the section, insert:

11.4.10A Memorial services after the COVID-19 pandemic 1. In this section: Beneficiary, in respect of a member, means one of the following persons. a. A dependant of the member. b. The member's legal personal representative. COVID-19 control measure means a measure, however described, taken to limit the spread of COVID-19 issued by the Commonwealth government or a State or Territory government. Member means a deceased member or deceased former member. 2. A beneficiary is eligible for financial assistance towards the costs of a memorial service of a member if all the following apply. a. The member's funeral occurs while COVID-19 control measures relating to funerals are in place. b. The memorial service is to be held in Australia. c. Director General Defence Community Organisation is satisfied of the following. i. The memorial service is consistent with the member's wishes. ii. The memorial service is consistent with the requirements of the member's faith, religion or culture. Note: Memorial services for members on long-term postings overseas are provided for in section 15.9.3. 3. The memorial service must occur between the following days. a. The day COVID-19 control measures relating to funerals ends. b. The day 12 months after COVID-19 control measures relating to funerals ends. 4. The maximum financial assistance available is the greater of the following. a. The lesser of the following. i. The cost of the memorial service. ii. $14,000 less the amount paid under section 11.4.9 or 15.9.3, if any. b. If there are exceptional circumstances  the amount approved by the Director General Defence Community Organisation. 5. The financial assistance available under this section may be paid to a service provider. 4 Subsection 11.4.11.1 (Travel and accommodation) Omit the subsection, substitute: 1. In this section, member means a deceased member or deceased former member. 1A. Subject to subsection 1B, any of the following persons are eligible for travel and two nights' accommodation in Australia to attend the funeral or memorial service of a member. a. A dependant of the member. b. A person accompanying the dependant if the dependant is very young, aged, has an illness or is severely distressed. c. The member's parents. 1B. Section 1A does not apply if any of the following apply. a. The funeral or memorial service is to be held in the location where the person eligible for travel and accommodation under subsection 2 lives. b. The funeral or memorial service is to be held overseas under one of the following. i. Section 11.4.10, Funeral overseas. ii. Section 15.9.3, Assistance if member dies. 5 Subsection 11.4.11.2 (Travel and accommodation) Omit the subsection, substitute: 2. A person eligible for accommodation under subsection 1A is eligible for an additional night's accommodation if all the following apply. a. The person is attending a funeral to which section 11.4.9 applies. Note: This does not apply to memorial services. b. The Director General Defence Community Organisation is satisfied that it is required due to travel requirements and the time of the funeral service.