Part 12 Travel for compassionate reasons

In this Part, a close relative is:

(a) for a member:

(i) the member’s spouse, if the spouse does not accompany the member on a long-term posting; and

(ii) a child or parent of the member; and

(iii) another person who stands in a similarly close relationship to the member as that of a child or parent and is, because of the special circumstances of a particular case, approved by the CDF as a close relative of the member; and

(b) for a spouse who accompanies a member on a long-term posting:

(i) the member; and

(ii) a child or parent of the spouse; and

(iii) another person who stands in a similarly close relationship to the spouse as that of a child or parent and is, because of the special circumstances of a particular case, approved by the CDF as a close relative of the spouse.

If a member’s child is attending boarding school in Australia and the member is entitled to education assistance for the child under Part 8 of this Chapter, the child is taken to live at the locality at which the member ordinarily lives in Australia.

A member is not entitled to be reimbursed under this Part for travel in the event of illness of the member, the member’s spouse or a close relative unless a qualified medical practitioner who has been treating the person’s illness has certified to the CDF that the person is, at the time the certificate is given, critically or dangerously ill or that the person was, during a period mentioned in the certificate, critically or dangerously ill.

(1) If more than one close relative of a member is available to travel at Commonwealth expense under this Part to visit a member or spouse, only the close relative whom the CDF considers most appropriate may be reimbursed.

(2) For subclause (1), the CDF must have regard to:

(a) any wishes expressed by the member or spouse about the close relative who should visit; and

(b) the member’s general domestic circumstances; and

(c) any other factor relevant to the visit.

(1) If:

(b) a close relative of the member or spouse, as the case may be, travels to the locality where that person is ill for the purpose of visiting the person while the person is critically or dangerously ill,

the member is entitled to be reimbursed an amount equal to the least of:

(c) the amount of fares incurred by the close relative for travel to and from that locality; and

(d) the allowable travel cost for the travel; and

(e) the allowable travel cost for travel from the locality where the member ordinarily lives in Australia to the locality overseas where the member ordinarily performs duty.

(2) If a close relative mentioned in this clause ordinarily lives at a locality other than the locality at which the member ordinarily lives in Australia, the amount of fares incurred by the close relative must be reduced by the allowable travel cost for travel from the locality at which the close relative ordinarily lives to the locality at which the member ordinarily lives in Australia.

Note: A scheme detailed in Defence Instruction (General) Personnel 11-1, Defence Force sponsored visits to service members suffering serious illness or injury — the AUSDIL Scheme, also provides for travel by a designated person to visit a ‘very seriously ill’ (critically ill) member overseas. The entitlements under the Australians Dangerously Ill (AUSDIL) Scheme differ from those detailed in this Part, and both should be consulted when considering the most suitable entitlements.

15.12.6 Fares of relative who attends funeral of member who dies overseas

(1) If:

(b) a close relative of the member or spouse, as the case may be, travels to a locality overseas to attend the funeral or make necessary arrangements arising from the death of that person; and

(c) the remains of the person are not to be removed at Commonwealth expense,

the member or, in the event of the member’s death, the spouse is entitled to be reimbursed an amount equal to the least of:

(d) the amount of fares incurred by the close relative to travel to and from that locality; and

(e) the allowable travel cost for the travel; and

(f) the allowable travel cost for travel from the locality where the member ordinarily lives in Australia to the locality overseas to which the close relative travels.

(2) If a close relative mentioned in this clause ordinarily lives at a locality other than the locality at which the member ordinarily lives in Australia, the amount of fares incurred by the close relative must be reduced by the allowable travel cost for travel from the locality at which the close relative ordinarily lives to the locality at which the member ordinarily lives in Australia.

(1) If:

(b) the member or spouse, as the case requires, travels to the locality where the close relative lived prior to death, the locality at which the funeral of the close relative is held, or to another locality for the purpose of visiting the close relative while the close relative is critically or dangerously ill,

the member is entitled to be reimbursed an amount equal to the lesser of:

(c) the amount of fares incurred by the member or spouse, as the case may be, for the travel; and

(d) the allowable travel cost for travel from the posting locality to the locality to which the member or spouse travelled.

(2) If the travel mentioned in this clause is to a locality other than the locality at which a member ordinarily lives in Australia, the amount of fares incurred by the member, or the spouse, as the case requires, must be reduced by the allowable travel cost for travel from the locality at which the member ordinarily lives in Australia to the locality to which the member or spouse travels.

(3) A member or spouse may also be entitled to assistance if the travel is to a destination outside Australia, on condition that the member makes a contribution equal to the allowable travel cost for return travel to the overseas destination from the international terminal in Australia from which a flight departs to the overseas compassionate destination, nearest to the locality to which the member was posted before the long-term posting.

(4) If the allowable travel cost between the overseas localities exceeds the member’s contribution, the member is eligible to be reimbursed for the difference.

A member posted from a locality in New South Wales to a locality in the United Kingdom wishes to visit a close relative who is critically ill in New York. The member would be entitled to assistance with return travel from the UK to New York (say AUD 2,500) and would be required to pay a contribution equivalent to the allowable return travel cost from Sydney to New York (say AUD 5,900). In this case, as the contribution the member would have to pay exceeds the level of assistance, no reimbursement is given.

A member posted from Western Australia to Malaysia wishes to visit a dangerously ill close relative in Wellington, New Zealand. The member is entitled to assistance from Malaysia to Wellington return (say AUD 3,400) less a contribution equal to the allowable travel cost from Perth to Wellington return (say AUD 2,200). In this case, as the assistance is AUD 3,400 and the contribution is AUD 2,200 the member would be entitled to be reimbursed AUD 1,200. (If no suitable flights, regarded by the relevant airline as an international flight, depart Perth for Wellington, but a connecting domestic flight departs for Sydney, the member would be required to pay a contribution equal to the allowable travel cost from Sydney to Wellington).

(5) It is reasonable to treat the locality at which the member ordinarily lives in Australia as the locality within Australia where any close relative dies or is critically or dangerously ill.

15.12.8 Limitation on travel except in certain circumstances

(1) A member, spouse or close relative is not entitled to be reimbursed under this Part for travel more than once during a posting for the illness or death of the same person unless the CDF is satisfied that there are special circumstances making it essential that the person undertake additional travel.

(2) For subclause (1), the CDF must have regard to:

(a) the circumstances relating to the first and subsequent visit; and

(b) the nature of the relationship between the persons involved; and

(c) the interval between the visits; and

(d) the period before the member’s posting will be completed; and

(e) the cost of travel; and

(f) any other factor relevant to the travel.

15.12.9 Fares of child to accompany person travelling

(1) For clauses 15.12.5 to 15.12.7 inclusive, the amount of fares and the allowable travel cost are taken to include the fares for a child if:

(a) a person is entitled to be reimbursed for fares under those clauses; and

(b) the person is the parent of the child; and

(c) the CDF is satisfied that it is impractical to make other appropriate arrangements for the care of the child.

(2) For paragraph (1) (c), the CDF must have regard to:

(a) the age of the child; and

(b) any arrangements the person could make for the care of the child in the circumstances; and

(c) the circumstances in which the person travels.
Part 13 Conditions of service relating to death overseas of member or dependant

15.13.1 Funeral costs overseas

(1) If a member or a dependant accompanying the member dies overseas, the Commonwealth must:

(a) pay the cost of returning the member’s or dependant’s body to Australia if so desired by the next of kin; or

(b) reimburse to the legal personal representative an amount, not more than the cost otherwise payable under paragraph (a), equal to the amount by which the cost incurred for the member’s or dependant’s funeral at the locality is greater than the reasonable cost that would have been incurred in Australia.

(2) For paragraph (1) (b), the cost of a member’s or dependant’s funeral at an overseas locality is taken:

(a) to be reduced by the amount (if any) provided by the Commonwealth for the funeral otherwise than under this clause; and

(b) if the member’s or dependant’s body is cremated at the locality — to include the cost of returning the member’s or dependant’s remains to Australia.

15.13.2 Continuation of entitlements on death of member

(1) In this clause:

(a) for transport and removal of dependants and their possessions — a year after that day; and

(b) for any other entitlement or obligation — six weeks after that day.

(2) If a member dies during a long-term posting, any entitlements and obligations that would, but for the member’s death, have been applicable under this Determination in relation to dependants are to continue to apply to the dependants during the relevant period, except that:

(a) a contribution for rent and utilities is not payable; and

(b) overseas living allowance is payable at a rate equal to two-thirds of the rate that would have been payable, but for the member’s death; and

(c) for the purposes of assistance with the education of a child, the deceased member is taken to have returned to Australia on the day on which the member died; and

(d) transport for the dependants and their possessions may be provided to a locality other than Australia, but the amount paid by the Commonwealth must not be more than the amount that the Commonwealth would have paid for their transport to Australia.

(3) If, but for this subclause, the relevant period would end, and the CDF is satisfied that dependants should be granted more time to conclude their arrangements at the posting locality, the CDF may extend the relevant period to a day that the CDF considers reasonable in the circumstances.

(4) For subclause (3), the CDF must have regard to:

(a) the circumstances in which the member died; and

(b) the situation of the dependants who continue to live at the posting locality after the member’s death; and

(c) any other factor relevant to the dependants.

15.13.3 Loss on sale of vehicle

The legally entitled person may choose in writing to be reimbursed for loss on sale of the member’s motor vehicle or towable item stored in Australia. Reimbursement is authorised under the normal within-Australia provisions (see clause 4.7.5), except that the cost limits applicable to overseas removals apply under clause 15.3.12.

In this Part:

(a) household goods to which subclause 15.3.4 (1) applies; and

(b) any other household goods to which subclause 15.3.4 (4) or (5) would apply; and

(c) food, beverages and other household consumable goods; and

(d) private motor vehicles.

15.14.2 Loss or damage to possessions of dependant

If loss or damage occurs to possessions owned by a dependant of a member, this Part applies as if the possessions were owned by the member.

(1) If the CDF directs that, for this Part, the loss of a member’s possessions is presumed to have occurred on a specified date, this Part applies in relation to the loss as if the possessions had been lost on that date.

(2) For subclause (1), the CDF must have regard to:

(a) the circumstances in which the member ends or interrupts a long-term posting and departs from the member’s posting locality; and

(b) the nature of possessions abandoned by the member at the locality, and their condition and value when abandoned; and

(c) the likelihood that the member will be able to recover the possessions in a reasonable condition for use; and

(d) the likelihood that the member will resume the posting or otherwise return to the locality; and

(e) any other factor relevant to the member’s deprivation of the possessions.

(3) The CDF is not to give a direction under subclause (1) in relation to a member’s possessions unless the member assigns title in the possessions to the Commonwealth.

15.14.4 Loss or damage to possessions through war etc

A member is entitled to be indemnified by the Commonwealth for loss or damage occurring overseas to the member’s possessions if:

(a) the possessions:

(i) are lost or damaged as a direct consequence of war, civil disorder, natural disaster or other similar event; or

(ii) are presumed to have been lost by virtue of a direction given by the CDF under clause 15.14.3; and

(b) the member:

(i) has arranged for the possessions to be adequately covered by appropriate insurance, but has been unsuccessful in recovering the loss or damage from the insurer despite reasonable endeavours; or

(ii) has been unable to obtain appropriate insurance at reasonable cost to cover the possessions in the circumstances in which the loss or damage occurred; and

(c) the member took reasonable precautions to avoid the loss or damage; and

(d) the member assigns to the Commonwealth, to the extent of any payment by the Commonwealth under this Part, any right to recover the loss or damage from an insurer or another person and takes all necessary steps to facilitate claims by the Commonwealth.

(1) A member is entitled to be paid for loss or damage to possessions under this Part the amount that the CDF considers reasonable in the circumstances.

(2) For subclause (1), the CDF must have regard to:

(a) the nature and extent of the possessions lost or damaged; and

(b) any amount that an insurer would pay to the member for the loss or damage; and

(c) any competent valuation of the loss or damage; and

(d) the estimated residual value of the possessions, taking account of the cost incurred by the member for their purchase and the estimated amount of subsequent depreciation; and

(e) any other factor relevant to the loss or damage.

(1) A member is entitled, for loss or damage to a motor vehicle, to an amount equal to:

(a) for loss of the vehicle — the estimated residual value of the vehicle immediately before the loss occurred; and

(b) for damage to the vehicle — the amount by which the estimated residual value of the vehicle immediately before the damage occurred is greater than the estimated residual value of the damaged vehicle.

(2) The estimated residual value of a member’s vehicle must be worked out as the cost incurred by the member for the purchase of the vehicle, less the amount of depreciation that the CDF assesses as reasonable in the circumstances.

(3) For subclause (2), the CDF must have regard to:

(a) the factors mentioned in subclause 15.14.5 (2); and

(b) the type and cost of the vehicle bought by the member; and

(c) the age of the vehicle when bought, and the period for which the member owned the vehicle; and

(d) the rate of depreciation that would ordinarily be incurred on a similar vehicle at the member’s posting locality; and

(e) the estimated cost of repairing any defects in or damage to the vehicle; and

(f) if the vehicle is comprehensively insured — the insured value of the vehicle; and

(g) any other factor relevant to the member’s ownership of the vehicle.

(4) An estimated residual value worked out for a member’s vehicle under subclause (2) must be reduced by the amount (if any) by which the sum of the allowances payable to the member for depreciation on motor vehicles during the member’s period of ownership of the vehicle is greater than the amount of depreciation assessed by the CDF.

If:

(b) the CDF considers it reasonable to expect that a member would have insured possessions against the event that caused loss or damage to the possessions,

the CDF may declare that this Part applies to the loss or damage but in that case the amount paid to the member by the Commonwealth must be reduced by the amount that the member could reasonably expect to have been paid under a contract of insurance if the member had arranged for the possessions to be adequately covered by appropriate insurance and had been successful in recovering the loss or damage from the insurer.

15.14.8 Payment not to be made concurrently with other entitlements

A member is not entitled to be paid under this Part for any loss or damage to clothing or personal effects which is accepted as relating to the member’s service, and for which the member would otherwise be entitled to be reimbursed by the Commonwealth.

(1) This clause applies to a member who incurs financial losses as a result of a decision by the Commonwealth to withdraw members suddenly and unexpectedly from long-term posting at a locality.

(2) This clause sets out the conditions of service applicable where the member and dependants are directed to leave the locality as a consequence of a decision by the Commonwealth Government to withdraw the Defence presence from an overseas post. The departure will generally be of a permanent nature and the member and dependants will normally return to Australia.

(3) These situations are characterised as losses on decision by the Commonwealth to withdraw from posting, which occur as a result of a decision by the Commonwealth to withdraw members suddenly and unexpectedly from long-term posting at a locality. On receipt of advice of a Government decision to withdraw a member and dependants from an overseas post, the normal provisions relating to a long-term posting overseas as set out in this Chapter will apply.

(4) This clause does not apply to:

(a) management-initiated early withdrawal of a member from a posting (in which case it would be normal practice to allow enough time for personal arrangements to be completed before departure); or

(b) evacuations.

(5) The member is entitled to compensation of an amount that the CDF considers reasonable for the losses in the circumstances of the withdrawal.

(6) For subclause (5), the CDF must have regard to:

(a) the circumstances in which the member ceases the long-term posting and departs from the locality; and

(b) the length of time given to the member to depart from the locality; and

(c) the expected duration of the posting and the period of the posting remaining at the time of departure; and

(d) the extent to which the member entered into unavoidable financial commitments in the reasonable expectation that the posting would run its full term; and

(e) any expenses reasonably incurred by the member which, but for the member’s departure, would have reduced over the ordinary period of posting; and

(f) the likelihood that the member will resume the posting and return to the locality; and

(g) any other factor relevant to the posting.

(1) Members serving on long-term posting or short-term duty at certain overseas posts experience disabilities or hardships beyond those covered by the normal overseas conditions of service package. At these posts, a special conditions of service package has been determined to alleviate the additional difficulties that are likely to be experienced.

(2) This Part:

(a) describes the method of determining hardship post conditions; and

(b) introduces the key conditions of service; and

(c) specifies the authorised conditions for the hardship posts.

(1) The purpose of this Chapter is to supplement the normal overseas package by specifically addressing hardships arising from difficult living conditions at certain posts. In this context, hardship means a significant adverse affect on the lifestyle or welfare of members and families as a result of living conditions at the posting locality as compared to those applying in Australia.

(2) Various practical measures are considered when creating a conditions package for a hardship post. The final measure is to provide monetary compensation for residual difficulties that cannot be alleviated by other means — including adverse climate, isolation, lack of medical facilities, presence of disease, civil unrest, absence of normal facilities, restriction on movement and local leave problems.

16.1.3 Assessment of hardship

(1) The hardship package aims to compensate personnel for difficult living conditions at certain overseas posts. The level of hardship allowance will be determined by the hardship post grades as supplied by the data service provider. The post rankings are developed using numerical scores and weights for a range of elements. Eight main items are considered:

(a) climate – based on a climate comparison between the posting locality, Australian localities, natural disasters and air pollution at the posting locality; and

(b) health – taking into account the quality and availability of health care for expatriates; and

(c) language and culture – based on a comparison of the first and second languages spoken in the posting locality and Australia; and

(d) goods and services – assesses the quality and availability of goods and services for expatriates; and

(e) isolation – both internal and external, covering distance between the posting locality and Australia, frequency and reliability of external air travel, standard of internal transport and communications; and

(f) social network and leisure – looks at areas relating to an expatriate family’s management of its free time, news, media, the expatriate community and recreational facilities; and

(g) housing utilities and education – assesses the quality and availability of housing suitable for expatriates, as well as the availability of international schools, the curriculum taught, the language of instruction and the age range of suitable education; and

(h) personal security and socio-economic tensions – assesses criminal activity in the context of personal safety and socio-political tensions.

(2) Localities overseas are ranked according to six hardship post grades that are reviewed annually by the data service provider. The categories range from A (the least difficult) to F (the most difficult).

The package for posting localities can vary considerably during postings as a result of the annual review conducted by the data service provider.

(1) The conditions of service applying to hardship posts overseas are summarised in Annex 16.A at the end of this Chapter. Further detailed information relating to each of these conditions can be found in the following provisions of this Chapter:

(a) hardship allowance — Part 2;

(b) assisted leave travel — Part 3;

(c) excess baggage charges on assisted leave travel — clause 16.3.9;

(d) additional recreation leave — Part 4;

(e) other conditions of service relating to difficulties at posts — Part 5.

(2) Other overseas conditions of service include components which may be relevant to members at hardship posts, as follows:

(1) In this Part, the period of duty, for a member, is the period beginning on the day the member starts duty at a locality and ending on the day member finishes duty at the locality.

(2) A member is taken to start duty on the day the member arrives at the locality, if that day is a local weekend day or public holiday and the member starts duty on the next working day.

(3) A member is taken to finish duty on the day the member departs from the locality, if that day is a local weekend day or public holiday and the member finishes duty on the immediately preceding working day.

(1) If a hardship post grade is mentioned in column 5 of Part 1 of Annex 16.A for a posting locality mentioned in column 1, a member who is required to perform duty at the locality is entitled to hardship allowance for any period of duty or leave at or in relation to the locality which confers an entitlement to overseas living allowance.

(2) If a hardship post grade is mentioned in column 5 of Part 1 or column 3 of Part 2 of Annex 16.A for a locality mentioned in column 1 of Part 1 or 2 of Annex 16.A, a member on short-term duty at the locality is entitled to hardship allowance for any period of duty at the locality of 28 days or more.

(3) The rate of allowance payable under this clause is the rate for the hardship post grade of the member’s locality and status as an accompanied or unaccompanied member, as mentioned in column 2 or 3 of the following table.

(4) An accompanied member who:

(a) performs short-term duty at a locality specified in Annex 16.A; and

(b) is not accompanied by the member’s spouse at the locality,

is taken to be an unaccompanied member for payment of hardship allowance for the locality.

If both a member and the member’s spouse would, but for this clause, be entitled to hardship allowance under this Determination or another Act for the same locality and period, and the member is entitled only to cost of living adjustment under clause 15.6.13, the member is not entitled to hardship allowance.

If, but for this clause, a member would be entitled to hardship allowance for more than one locality, the member is entitled to hardship allowance for only the locality at which the higher or highest rate of allowance is payable.

(1) This clause applies to a member who is entitled to hardship allowance for a locality, if the member is temporarily absent from the locality on duty or recreation leave, or the period of duty finishes.

(2) A member who is on long-term posting is entitled to hardship allowance for the first 28 days of a temporary absence.

(3) A member who is on short-term duty is not entitled to hardship allowance during a temporary absence.

(4) For a member who has a period of unused leave after ceasing a long‑term posting at the locality, the CDF may authorise payment of an amount of hardship allowance for the period under clause 15.6.20 as if a reference in that clause to overseas living allowance were a reference to hardship allowance.

(5) In subclause (4):

Hardship allowance is not payable for a day on which the member is:

(a) not entitled to salary; or

(b) absent from the locality for which the allowance is paid, except as provided under clause 16.2.5; or

(c) entitled to an allowance under Part 4 of Chapter 17.
Part 3 Assisted leave travel

16.3.1 Purpose

The purposes of this Part are:

(a) to allow members and dependants living at a hardship post to obtain respite from the environment or access to suitable health and shopping facilities that are not available at the post; and

(b) at certain isolated posts where adequate holiday opportunities are not available, to allow travel to a suitable leave centre that can be located either in or outside the country of posting.

In this Part and Annex 16.A:

(1) This Part applies to a member who:

(a) is on long-term posting at a locality mentioned in Part 1 of Annex 16.A; and

(b) is granted a reasonable period of recreation leave (including any combination of public holidays and additional recreation leave authorised under Part 4 of this Chapter); and

(c) undertakes return travel to another country in conjunction with the leave.

(2) Assisted leave travel is not available during periods of duty or personal leave.

(3) This Part also applies to reimbursement of a member for travel by a dependant as if the dependant were the member. However, the dependant is not required to travel with the member or during the member’s recreation leave.

16.3.4 Assisted leave travel

The member is entitled to be reimbursed an amount equal to the lesser of:

(a) the cost incurred by the member for the return travel; and

(b) the allowable travel cost for return air travel by the member to a leave centre mentioned in column 3 of Part 1 of Annex 16.A for the member’s posting locality.

(1) The maximum reimbursement that can be paid during the ordinary period of posting is the sum of the allowable travel costs for travel to the leave centres specified for the posting locality, for the number of trips mentioned for each leave centre in column 3 of Part 1 of Annex 16.A.

(2) For the purpose of assessing the sum of the costs mentioned in subclause (1), the allowable travel cost for return travel by a member is taken to be the allowable travel cost applicable at the same time as the travel for which the member is reimbursed under clause 16.3.4.

(3) The sum of the costs is modified for shorter or longer periods of posting under clauses 16.3.12 and 16.3.13, respectively.

The member may choose in writing the sequence in which assisted leave travel is taken to the leave centres provided for the posting locality in Part 1 of Annex 16.A.

(1) The member may travel to destinations in another country which meet the purpose for which assisted leave travel is provided.

(2) The member may use the value of an assisted leave fare to purchase air fares (including package deals) from any source, to the maximum of the number of trips and limit of reimbursement under this Part.

(3) In any case, the amount for which the member is reimbursed must not be more than the allowable travel cost.

(4) For reimbursement under this clause, the member must present written evidence that they travelled to another country. This could include the exit stamp in a passport, an airline boarding pass, or advice in writing from a travel agent. An air ticket is not sufficient.

16.3.8 Reimbursement in advance of travel

If reimbursement for any assisted leave travel is made in advance of the travel, the member must present written evidence, within two weeks of returning to duty, that they travelled to another country for the approved period of leave. Otherwise, the full amount becomes repayable to the Commonwealth. It is not necessary to establish the actual destination, mode of travel or amount of expenditure.

(1) The purpose of this clause is to enable essential items of shopping to be transported from certain leave centres back to the posting locality.

(2) The member is also entitled to be reimbursed for the cost of not more than 12 kilograms of excess baggage carried by the member on the return travel to the posting locality, as set out under ‘Excess baggage entitlement’ in column 3 of Part 1 of Annex 16.A and in the associated notes to Part 1 of Annex 16.A.

(3) If the member:

(a) is entitled to be reimbursed under this Part for return air travel in relation to a leave centre; and

(b) returns to the posting locality from a locality other than the leave centre; and

(c) would have been entitled to be reimbursed for the cost of excess baggage if the member had returned from the leave centre,

the member is entitled to be reimbursed as if the return travel had been from the leave centre.

If a member travels by a motor vehicle owned or hired by the member, the cost incurred by the member is taken, for paragraph 16.3.4 (a), to be the sum of:

(a) the vehicle allowance payable if the vehicle were being used on official business; and

(b) the cost (if any) of transporting the vehicle and its occupants for part of the travel, but excluding the cost of accommodation and meals.

(1) If:

(b) the CDF is satisfied that the leave centre is temporarily unfit for use,

the CDF must substitute, for a specified period not longer than six months, a leave centre that the CDF considers, having regard to reasonable economy and the facilities at the substituted leave centre, meets as nearly as practicable the purposes for which the leave centre is provided.

(2) For paragraph (1) (b), the CDF must have regard to the extent to which the leave centre is intended to provide:

(a) relief from difficult climates and environments; and

(b) access to adequate medical, hospital and dental services and facilities; and

(c) access to facilities for buying household and personal items.

16.3.12 Entitlement if posting shorter than ordinary period

(1) If a member’s total period of posting is shorter than the ordinary period of posting, then for all of the leave centres mentioned in column 3 of Part 1 of Annex 16.A opposite the member’s posting locality:

(a) all of the numbers of trips mentioned opposite those leave centres are to be added together; and

(b) the total number of trips must be reduced by the same proportion as would apply to the actual period of posting compared to the ordinary period of posting; and

(c) that total number of trips must be rounded to the nearest whole number.

(2) If the total number of trips must be reduced under subclause (1), the remaining number of trips is to be allocated as follows:

(a) if the ordinary period of posting has been shortened to a total period of posting of less than 12 months — all of the remaining trips are to the relief centres mentioned in the Annex for the locality; and

(b) if the ordinary period of posting has been shortened to a total period of posting of 12 months or more and a regional centre is mentioned in the Annex for the locality:

(i) one trip is to the regional centre; and

(ii) additional trips (if any) are to the relief centres; and

(c) if the ordinary period of posting has been reduced to a total period of posting of 12 months or more and a regional centre is not mentioned in the Annex for the locality — all of the remaining trips are to the relief centres.

(3) A member’s entitlement is not to be reduced by virtue of subclause (1):

(a) on termination of the posting by the CDF; or

(b) on termination of the posting by the member, if the CDF is satisfied that it is reasonable that subclause (1) should not apply to the member.

(4) For paragraph (3) (b), the CDF must have regard to:

(a) the circumstances relating to the member’s termination of the posting; and

(b) the duration of the member’s service at the posting locality; and

(c) the ordinary period of posting at the locality; and

(d) whether the member has continued to be a member; and

(e) any other factor relevant to the member’s termination of the posting.

(1) If a member’s period of posting is longer than the ordinary period of posting, the number of trips mentioned in column 3 of Part 1 of Annex 16.A for travel to leave centres from the member’s posting locality is taken to be increased, for the member, by an amount worked out using the formula:

(2) An amount worked out under subclause (1) must be rounded to the nearest whole number.

(3) If the total number of trips to leave centres from a member’s posting locality is taken to be increased under subclause (1) for the member, the increase must be applied in the following manner to the number of trips mentioned for the leave centres:

(a) the first additional trip must be to the regional leave centre; and

(b) subsequent additional trips must be to the second leave centre, up to the number of trips mentioned for the leave centre in column 3 of Part 1 of the Annex; and

(c) subsequent additional trips must be to any further leave centre, up to the number of trips mentioned in column 3 of Part 1 of the Annex for the leave centre; and

(d) any remainder must be distributed in a similar manner starting again at the first leave centre.

16.3.14 Dual entitlement

If both a member and the member’s spouse would, but for this clause, be entitled to be reimbursed for travel under this Part or another Act for the same locality and period, and the member is entitled only to cost of living adjustment under clause 15.6.13, the member is not entitled to be reimbursed.

(1) This clause applies to a member if the CDF is satisfied that a stopover is unavoidable during assisted leave travel to or from the posting locality. However, this clause does not apply to offset travel under clause 16.3.7 to an alternative destination.

(2) For subclause (1), the CDF must have regard to:

(a) for travel from Australia — advice from Defence Travel Services; and

(b) for travel to Australia — advice from the travel agent contracted by the post or, if the post has not contracted a travel agent, from Defence Travel Services.

(3) The member and dependants are entitled to be provided with one night’s accommodation at the stopover locality.

For clause 16.3.4, the allowable travel cost for return air travel between Islamabad and Karachi is the allowable travel cost for the class of air travel next above economy class.

(1) This clause applies to a member who is on long-term posting at a locality in Papua New Guinea, other than Port Moresby.

(2) On return air travel to the posting locality from a leave centre, the member and dependants are entitled to be provided with one night’s accommodation in Port Moresby.

Part 4 Additional recreation leave

16.4.1 Purpose

(1) The purpose of this Part is to enable members at hardship posts to obtain:

(a) respite from the environment; and

(b) access to suitable health and shopping facilities.

(2) This additional recreation leave is subject to the same rules on credits and usage as recreation leave in Part 1 of Chapter 8.

Note: Details of the additional recreation leave for each posting locality are given in Annex 16.A at the end of this Chapter. All proposals about other overseas localities that may attract additional recreation leave should be forwarded to Director Service Conditions.

16.4.2 Additional recreation leave at hardship posts

(1) For Part 1 of Chapter 8, a member accrues additional annual leave at a hardship post at the annual rate mentioned in Part 1 or 2 of Annex 16.A for the locality where the member performs duty.

(2) For subclause (1), a rate of additional recreation leave that is expressed in Part 1 or 2 of Annex 16.A as a fraction of a week is taken to be expressed as a fraction of five days.
Part 5 Other conditions of service relating to difficulties at posts

16.5.1 Extraordinary costs incurred at posting locality

(1) A member on long-term posting at a locality is entitled to be reimbursed for extraordinary costs incurred by the member for the procurement of goods and services if:

(a) the ordinary arrangements for procuring goods and services at the posting locality are severely disrupted because of war, civil disorder, natural disaster or other similar event; and

(b) the member is unable to leave or is required to remain at the locality; and

(c) the CDF is satisfied that the costs relate to the procurement of goods and services that are essential for the member to remain at the locality.

(2) For paragraph (1) (c), the CDF must have regard to:

(a) the nature, duration and impact of the disruption to procurement of goods and services by the member; and

(b) the nature and extent of the extraordinary costs incurred by the member; and

(c) the availability and cost of goods and services from alternative sources of supply; and

(d) the allowances otherwise payable to the member; and

(e) the extent to which goods and services are provided to the member by the Commonwealth; and

(f) the nature and extent of any other assistance provided to the member relevant to the procurement of goods and services by the member; and

(g) any other factor relevant to the extraordinary costs incurred by the member.

16.5.2 Attraction allowance – Papua New Guinea

A member on long-term posting in Papua New Guinea is entitled to attraction allowance at the rate of AUD 10,000 a year.

1. Provided on all assisted leave return air travel.

2. Provided on each occasion from the regional leave centre only during a period of posting.

3. Provided on each occasion from the regional leave centre; on one occasion from the relief centre of Sydney; and on nil occasions from the relief centre of Nadi, during a period of posting.

4. Provided on each occasion from the regional leave centre and on each occasion from the relief centre of Brisbane; and on nil occasions from the relief centre of Cairns, during a period of posting.
Assisted leave travel – other aspects

5. For the purposes of calculating assisted leave travel for Cold Lake, the ordinary period of posting is based on two years instead of three years.