Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024 (Cth)
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Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024
made under section 58B of the Defence Act 1903
Compilation No. 1
Compilation date: 13 April 2024
Includes amendments: Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination 2024 (No. 1)
About this compilation
This compilation
This is a compilation of the Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024 that shows the text of the law as amended and in force on 13/04/2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
2 Commencement
3 Cessation
4 Authority
5 Application
6 Dual benefit
7 Interpretation
8 Effective service
9 Pre-departure certificate of fitness
10 Removal of personal effects
11 Removal and storage of vehicles and furniture
12 Loss on sale of furniture
13 Temporary accommodation
14 Meal allowance and incidentals
15 Claiming reimbursement of eligible costs
16 Other benefits not specified
17 Benefits if the dependant returns to Australia early
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name
This instrument is the Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024.
2 Commencement
1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Instrument. The day after the instrument is registered. 29 Feb 2024
Note: this table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
2. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Cessation
This instrument ceases to apply on 17 April 2026.
4 Authority
This instrument is made under section 58B of the Defence Act 1903.
5 Application
This instrument applies to the member who holds the employee identification number 8265382 ("the member").
6 Dual benefit
During the effective period of this Determination, the member is not eligible for a benefit provided under Defence Determination 2016/19, Conditions of service, as in force from time to time, that has a similar purpose as a benefit under this Determination.
7 Interpretation
Decision maker means the Chief of Army.
Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.
Dependant means the member's partner, who has been recognised as resident family under the Defence Determination immediately prior to the commencement of this Determination.
MFO means the Multinational Force and Observers.
8 Effective service
The period that the member holds the appointment of Force Commander, Multinational Force and Observers, is counted as effective service for salary advancement and accrual of service for long service leave.
9 Pre-departure certificate of fitness
1. The member's dependant must obtain certificates of both medical and dental fitness prior to departing Australia.
Note: The certificates aim to identify if there are any pre-existing medical or dental conditions or illnesses that would require ongoing healthcare beyond the scope of routine prescription medication, general practitioner services or dental services.
2. The certificates must meet all of the following conditions.
1. The certificates are provided by a medical practitioner and dentist authorised by Defence.
2. Confirmation that the medical practitioner and dentist have been informed that the examinations are required for travelling to and living in Egypt.
3. The certificates state whether the dependant is fit to travel to and live in Egypt.
Note 1: The provisions of the Privacy Act 1988 apply to the certificates under this section. The certificates are to be provided to the Joint Health Command (JHC) for review and to advise the decision maker on any pre-existing conditions or illnesses identified.
Note 2: The certificates are to be filed and kept by the JHC as Official: Sensitive, Personal privacy//Health Information.
3. The member is eligible to be reimbursed any costs above what they would be eligible for under Chapter 8 Part 9 of the Defence Determination to obtain the certificates of fitness and all necessary inoculations, vaccinations and anti-malarial drugs that are required by the dependant for the purpose of travelling to and living in Egypt.
10 Removal of personal effects
1. The member is eligible for the removal of personal effects to Egypt that are not transported by the MFO that the decision maker considers reasonable.
2. When the member returns to Australia they are eligible for a removal of the personal effects that are not transported by the MFO that the decision maker considers reasonable from Egypt to the following locations.
1. The member's housing benefit location.
2. The dependant's family benefit location.
3. If the member's dependant returns to Australia before the end of the member's period of appointment, the member is eligible for a removal of the dependant's personal effects that the decision maker considers reasonable, from Egypt to the location where they are going to live in Australia.
4. A removal under this section will not include the removal of any items listed under section 14.3.12 of the Defence Determination.
11 Removal and storage of vehicles and furniture
1. The member is eligible for the removal and storage within Australia of any vehicles and furniture that are not stored under the MFO storage allowance.
Note: The storage allowance provided by the MFO is 8,181 kg.
2. When the member returns to Australia they are eligible for the removal of items that have been stored to the following locations.
1. The member's housing benefit location.
2. The dependant's family benefit location.
1. If the member's dependant returns to Australia before the end of the member's period of appointment, the member is eligible for a removal of items that have been stored under subsection 1 to the location where they are going to live in Australia.
2. A vehicle stored under this section must meet the conditions provided under section 14.3.15 of the Defence Determination.
12 Loss on sale of furniture
1. If the member chooses to dispose of any furniture prior to their departure from Australia instead of having the items removed to storage they may be reimbursed the lesser of the following amounts for the loss on sale of the furniture.
1. An amount that the decision maker considers reasonable.
2. What would have been paid to remove and store the furniture.
2. The member must apply in writing to the decision maker for reimbursement.
13 Temporary accommodation
The member is eligible for temporary accommodation within Australia before the member and their dependant depart Australia for Egypt and on return to Australia.
Note 1: Temporary accommodation can be a hotel, motel or serviced apartment.
Note 2: The temporary accommodation will be booked by the Overseas Administration Team.
14 Meal allowance and incidentals
The member and their dependant are eligible for the following for each day they are in temporary accommodation provided under section 13.
1. A daily amount of meal allowance provided under section 7.5.24 of the Defence Determination.
2. A daily amount for incidentals provided under Part 4 of Annex 9.5.A of the Defence Determination.
15 Claiming reimbursement of eligible costs
To make a claim for reimbursement of eligible costs provided under this Determination, the member is to forward the claims and receipts to the decision maker.
16 Other benefits not specified
1. This section allows for additional benefits to be approved to enable the member and their dependant to manage unforeseen, exceptional or compassionate circumstances.
2. During the period of effect of this Determination, the decision maker may approve other benefits of a similar type that the member would have been eligible for under Chapters 14 to 16 of the Defence Determination, had that Determination applied to the member.
3. When making a decision under subsection 2, the decision maker must take the following into consideration.
1. The welfare of the member and their dependant.
2. Any evidence provided to justify the benefit.
3. Any other relevant matter.
4. Despite subsection 2, the decision maker is not to approve any of the following benefits.
1. Cost of living adjustment.
2. Cost of posting allowance.
3. Location allowance
4. Transfer allowance.
5. Pet relocation costs.
6. Club memberships.
7. Separation allowance.
8. Foreign language tuition or training.
9. Excess baggage costs.
10. Additional food or clothing allowances.
11. Additional recreation leave.
12. Worldwide risk insurance.
13. Any benefit that is equivalent to a benefit that has been provided by the MFO or another organisation.
17 Benefits if the dependant returns to Australia early
1. During the period of effect of this Determination, the decision maker may approve benefits that the member would have been eligible for under the Defence Determination had that Determination applied to the member, if the member's dependant returns to Australia before the end of the member's period of appointment.
2. When making a decision under subsection 1, the decision maker must take the following into consideration.
1. The welfare of the member's dependant.
2. Any evidence to justify the benefit.
3. Any other relevant matter.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted orig = original
am = amended par = paragraph(s)/subparagraph(s)
amdt = amendment /sub‑subparagraph(s)
c = clause(s) pres = present
C[x] = Compilation No. x prev = previous
Ch = Chapter(s) (prev…) = previously
def = definition(s) Pt = Part(s)
Dict = Dictionary r = regulation(s)/rule(s)
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expires/expired or ceases/ceased to have rep = repealed
effect rs = repealed and substituted
F = Federal Register of Legislation s = section(s)/subsection(s)
gaz = gazette Sch = Schedule(s)
LA = Legislation Act 2003 Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003 SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
cannot be given effect Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
o = order(s) commenced or to be commenced
Ord = Ordinance
Endnote 3—Legislation history
Name Registration Commencement Application, saving and transitional provisions
Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits Determination 2024 28 February 2024 29 February 2024
Defence Determination, Force Commander, Multinational Force and Observers – supporting benefits, Amending Determination 2024 (No. 1) 12 Apr 2024 13 Apr 2024
Endnote 4—Amendment history
Provision affected How affected
Section 9 am: 2024/1.