Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22) (Cth)

Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22)

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

Dated 13 October 2020

J L STATTON Assistant Secretary People Policy and Employment Conditions Defence People Group

Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—CDF recognised dependants amendments Defence Determination 2016/19, Conditions of service Schedule 2—Savings provisions

1 Name This instrument is the Defence Determination, Conditions of service Amendment (CDF recognised dependants) Determination 2020 (No. 22).

2 Commencement This instrument commences on 15 October 2020.

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4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Defence Determination 2016/19, Conditions of service 1 Subsection 1.3.85.5 (Dependants recognised by CDF) Omit the subsection, substitute: 5. A person may be recognised as a dependant of a member if the CDF is satisfied that all of the following apply. a. The person would be a dependant of the member if they normally lived with the member. b. The member and the person are not able to normally live together due to service requirements only. 5A. A person may be recognised as a dependant of a member if all of the following are met. a. The person would be a dependant of the member if they normally lived with the member. b. The member and the person are not able to normally live together due to one of the following. i. Court orders relating to children. ii. Court orders relating to the safety and welfare of a person. iii. Compelling reasons. c. The CDF is satisfied that it is reasonable in the circumstances to recognise the person as a dependant of the member. 2 Subsection 1.3.95.3 (Member with dependants) Omit the subsection. 3 Paragraph 7.6.29.1.d (Members with dependants (unaccompanied) eligibility in two locations) After the paragraph, insert: e. All of the following apply. i. The member's dependant was recognised by the CDF as a dependant under subsection 1.3.85.5A. ii. The member and the dependant have not normally lived together since the dependant was recognised under subsection 1.3.85.5A. 4 Paragraph 7.8.6.5.d (Member not eligible) After the paragraph, insert: e. All of the following apply. i. The member's dependant was recognised by the CDF as a dependant under subsection 1.3.85.5A. ii. The member and the dependant have not normally lived together since the dependant was recognised under subsection 1.3.85.5A. 5 Paragraph 8.3.5.a (Members who may not be categorised as a member with dependants (unaccompanied)), exception Omit "for Service reasons". 6 Paragraph 8.3.5.c (Members who may not be categorised as a member with dependants (unaccompanied)) Omit the paragraph. 7 Subsection 8.3.6.4 (Member who may be categorised as a member with dependants (unaccompanied)) After the subsection, insert: 4A. Subject to subsection 5, a member is a member with dependants (unaccompanied) if they meet all of the following. a. The member's dependant was recognised as a dependant under one of the following. i. Subsection 1.3.85.5. ii. Subsection 1.3.85.5A. b. The member does not normally live with the dependant. 8 Subsection 8.3.6.5 (Member who may be categorised as a member with dependants (unaccompanied)) Omit the subsection, substitute: 5. If a member's dependant is another member, the members are categorised as follows. a. If one of the members lives with all the members' dependants, the member not living with a dependant is categorised as a member with dependants (unaccompanied). b. If neither member is living with a dependant, or both members are living with dependants, either of the follow applies. i. If the members elect, the member elected to be member with dependants (unaccompanied) is categorised as member with dependants (unaccompanied). ii. If the members do not elect, the senior member is categorised as member with dependants (unaccompanied).