Defence Determination 2016/36, Force Commander, Multinational Force and Observers Supporting

Defence Determination 2016/36, Force Commander, Multinational Force and Observers – supporting benefitsI, MARK DONALD BINSKIN, Chief of the Defence Force, make this Determination under section 58B of the Defence Act 1903. Dated 2 December 2016M D BINSKIN Air Chief Marshal Chief of the Defence ForceRef2801 Citation 1. This Determination is Defence Determination 2016/36, Force Commander, Multinational Force and Observers – supporting benefits.2. This Determination may also be cited as Defence Determination 2016/36.2 Commencement and cessation 1. This Determination commences on the date of registration. 2. This Determination ceases to apply on 31 March 2019. Note: The Chief of the Defence Force may extend the provisions under this Determination beyond the cessation date of this Determination, by an amending determination, if the member's appointment as Force Commander for the Multinational Force and Observers is extended.3 Authority This instrument is made under section 58B of the Defence Act 1903.4 Application This Determination applies to Simon Stuart, who holds the service number 556064 (“the member”).5 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. See also: Subsection 26.3, Other benefits not specified 6 Definitions The following definitions apply to this Determination.Term Definition Commonwealth Means the accommodation that is provided at Commonwealth expense provided in Rome, Italy, for the member and his dependants provided under accommodation subsection 17.1. Decision-maker Means one of the following. a. Chief of Army. b. Director General Personnel – Army, not below the rank of Brigadier. c. Chief of Staff Army Headquarters, not below the rank of Brigadier. Defence Attaché Means the Defence Attaché Southern Europe in Madrid, Spain. Dependant Means the member's spouse and children, who have been recognised for Defence benefit purposes immediately prior to the commencement of this Determination.2 Term Definition MFO Means the Multinational Force and Observers. Rome Means Rome, Italy.7 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.8 Financial advice The member may receive reimbursement of up to AUD 1,000 for the cost of financial advice obtained prior to leaving Australia from a person on the Australian Securities and Investments Commission's Financial Advisers register.9 Pre-departure certificate of fitness 1. To be eligible for assistance with health care costs provided under sections 21 to 24 of this Determination, each of the member's dependants must obtain certificates of both medical and dental fitness at least six weeks before departing Australia. 2. The certificates aim to identify if there are any pre-existing medical conditions or illnesses that would require ongoing healthcare beyond the scope of routine prescription medication or general practitioner services. 3. The certificates must meet all of the following conditions. a. The certificates are provided by medical practitioners and dentists authorised by Defence. b. The medical practitioners and dentists are informed that the examinations are required for travelling to and living in Rome. c. The certificates state whether the person is fit to travel to and live in Rome.4. The certificates are to be provided to the Joint Health Command (JHC) for review and to advise Director General Personnel – Army on any pre-existing conditions or illnesses the certificates may identify.Note: The certificates are filed and kept by the JHC as Sensitive: Personal, Health information.5. If a certificate identifies any pre-existing condition or illness which requires ongoing treatment, the Director General Personnel – Army may determine the extent of the assistance with health care costs that are provided under sections 21 to 24. Some pre- existing conditions and illnesses, listed in the schedule and subject to them meeting the restrictions, are covered under sections 21 to 24 and no decision needs to be made. See: Schedule, Conditions and illnesses covered by sections 21 to 243 6. When making a decision under subsection 5, the Director General Personnel – Army must consider all these criteria. a. The state of health of the dependant. b. Advice provided by JHC on the condition or illness. c. The nature, availability and cost of health, therapeutic or special needs facilities in Rome. d. The interests of the Commonwealth that would be furthered by the dependant living in Rome. e. Any climatic or other environmental factor in Rome that may be especially adverse to the health of the dependant. f. Any other factor relevant to the dependant's fitness to live in Rome. Example: Any special needs that the dependant has that has previously been recognised by Defence and that the member has received benefits for.7. The member is eligible to be reimbursed any costs to obtain the certificates of fitness and all necessary inoculations, vaccinations and anti-malarial drugs that are required by the member's dependants for the purpose of travelling to and living in Rome. 10 Outlay advance 1. The member is eligible for the payment of any outlay advance of AUD 15,000. 2. The outlay advance is to be repaid to the Commonwealth within the first 12 months after the member has received the advance. Payment is to be made through a reduction in the amount of support allowance the member receives.3. The member must provide a written list to the Defence Attaché of all costs paid from the outlay advance no later than six months after the member received the outlay advance.Note: If the requirements under subsection 3 are not met there may be fringe benefits tax implications for the member.11 Removal of personal effects 1. The member is eligible for the removal at Commonwealth expense to Rome of the following personal effects that the decision-maker considers reasonable. a. The dependant's personal effects. b. Any of the member's personal effects that are not transported by the MFO.2. When the member returns to Australia he is eligible for the removal of the personal effects set out in subsection 1 from Rome to his new posting location.3. If the member's dependants return to Australia early, the member is eligible for a removal of the dependants' personal effects that the decision-maker considers reasonable, from Rome to the location where they are going to live in Australia.4 12 Vehicles and furniture – removal and storage 1. The member is eligible for the removal and storage within Australia at Commonwealth expense 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 he is eligible for the removal of items that have been stored at Commonwealth expense to his new posting location.3. If the member's dependants return to Australia early, the member is eligible for a removal of items that have been stored at Commonwealth expense to the location where they are going to live in Australia.13 Vehicles and furniture – loss on sale 1. This section applies if the member chooses to dispose of any furniture or vehicles, instead of having them removed to storage. 2. The member may be reimbursed the lesser of the following amounts for the loss on sale of furniture. a. An amount that the decision-maker considers reasonable. b. What the Commonwealth would have paid to remove and store the furniture.3. The member may be reimbursed for the loss on sale of one vehicle up to a maximum amount AUD 1,400. The following conditions must be met. a. The vehicle must be owned by the member or the member's spouse. b. The member bought the vehicle before receiving official notice of his appointment. c. The member has sold the vehicle in Australia because of his appointment. d. The price the member obtained for the vehicle is less than the market price for a vehicle of the same model, age and similar condition. e. The decision-maker is satisfied that the member made reasonable efforts to dispose of the vehicle without incurring a loss.4. The member must apply in writing to the decision maker for reimbursement.14 Pre departure allowances 1. The member is eligible for the following allowances to assist with costs before the member and his dependants depart Australia for Rome. a. Temporary accommodation allowance of up to AUD 669.00 for three night's accommodation.Note: Temporary accommodation can be a hotel, motel or serviced apartment. b. An allowance of AUD 3,342.40 for meals and incidental costs.2. The member must provide receipts to show their accommodation costs.5 15 Travel 1. The member and his dependants are eligible for one return business class flight each between following locations. This includes any connecting flights for the journey. a. The closest airport to the member's posting location within Australia. b. The international airport in Rome.2. The member is eligible for a rest period of two days to be taken during a stopover or after the flights from Rome to the member's new posting location.3. If the member's dependants choose to return to Australia early and use their return flight to a chosen destination within Australia, and then choose to return to Rome, the Commonwealth will not pay the additional travel costs.Note: If the member or his dependants have compassionate travel approved by the decision-maker using the approval power under section 26, this travel does not count as the return flights to Australia. 16 Support allowance 1. The member is eligible for the payment of support allowance to assist in offsetting additional expenses incurred by the member's dependants. The payment of the allowance is conditional on the dependants living in the Commonwealth provided accommodation.2. The quarterly rate of support allowance and the period it covers is shown in the following table.Allowance period Allowance rate Item From... To... AUD (payment date) 1. 16 December 2016 15 March 2017 15,286.19 2. 16 March 2017 15 June 2017 15,625.88 3. 16 June 2017 15 September 2017 15,625.88 4. 16 September 2017 15 December 2017 15,981.29 5. 16 December 2017 15 March 2018 16,439.18 6. 16 March 2018 15 June 2018 16,804.49 7. 16 June 2018 15 September 2018 16,804.49 8. 16 September 2018 15 December 2018 16,621.84 9. 16 December 2018 31 March 2019 19,361.70Note: The amount of support allowance paid to the member may be reduced in the following ways. a. To cover any additional payments the member must make. Examples: Excess utilities costs, repayment of outlay advance. b. To cover any period beyond 28 days when all of the member's dependants temporarily leave the Commonwealth provided accommodation.See: Subsection 17.3, Accommodation in Rome6 c. For any period that the member received settling in advance under section 18 of this Determination.3. If the member's dependants choose to leave Rome permanently, or to live in accommodation that is not the Commonwealth provided accommodation, the member's entitlement to support allowance will cease. Both of the following apply. a. The member or his dependants must inform the Defence Attaché of their decision. b. The member will have to repay a pro-rata amount of support allowance received that is calculated from the date the dependants stop living in the accommodation. The amount is calculated using the following table.Step Action 1. Work out the number of days since the dependants stopped living in the Commonwealth provided accommodation. 2. Calculate the daily rate of support allowance that was paid for the quarter when the dependants stopped living in the Commonwealth provided accommodation. 3. Multiply the daily rate calculated in step 2 with the number of days calculated under step 1. 4. The result of step 3 is the amount of support allowance the member must repay to the Commonwealth.4. If the member is required to repay an amount to the Commonwealth that cannot be recovered by a deduction in the amount of support allowance payable, this amount is a debt to the Commonwealth and must be repaid to the Commonwealth.17 Accommodation in Rome 1. The Commonwealth will provide accommodation in Rome that the decision-maker considers reasonable, for the member's dependants.2. The member is responsible for the following costs in relation to the Commonwealth provided accommodation. a. Damages and any unreasonable wear and tear made to the accommodation. b. End of occupation cleaning and general maintenance of the house and grounds.3. If the member's dependants temporarily leave the Commonwealth provided accommodation for a period of 28 consecutive days or more the member's next payment of support allowance will be reduced. The member or his dependants must inform the Defence Attaché of any absence that is longer than 28 consecutive days.7 4. The calculation of the reduced support allowance payment is worked out in the following table.See: Section 16, Support allowanceStep Action 1. After the 28th day of the absence, work out the number of consecutive days the dependants were not living in the Commonwealth provided accommodation. 2. Calculate the daily rate of support allowance that was paid for the quarter that the dependants were not living in the Commonwealth provided accommodation. Note: If the period takes place when a change in the rate of support allowance occurs, the daily rate used is the one that applied when the days away from the accommodation took place. 3. Multiply the daily rate calculated in step 2 with the number of days calculated under step 1. 4. Subtract the amount calculated in step 3 from the amount of support allowance the member is due to be paid next.Note 1: If the member has no more support allowance payments to be made, the amount calculated in step 3 must be repaid to the Commonwealth.See: Subsection 16.4, Support allowanceNote 2: If there is an absence of consecutive days that takes place over two payment periods, the absence is counted as one period and will be deducted from the following payment.Example: The dependants are away from the Commonwealth provided accommodation for 35 consecutive days, 15 days in one payment period and then 20 days in the next payment period. The adjustment for the full 35 days will be made to the following support allowance payment.Note 3: If the member's dependants choose not to live in the Commonwealth provided accommodation, the Commonwealth will not be liable for any additional costs associated with the accommodation the dependants do live in.18 Settling in accommodation and advance 1. If the member or dependants are not able to occupy the Commonwealth provided accommodation in Rome when they arrive in Rome, the member will be eligible for both of the following. a. Temporary accommodation in Rome at Commonwealth expense that the Defence Attaché has selected or approved.Note: Temporary accommodation can be a hotel, motel or serviced apartment. b. A settling in advance to assist with meal costs in Rome.2. The daily rate of the settling in advance per person is the relevant of the following. a. If meals are not provided as a part of the accommodation cost, the daily rate of EUR 122.83. b. If at least one meal is provided as a part of the accommodation cost, the daily rate of EUR 81.89.8 3. The settling in accommodation and the payment of the settling in advance ends on the earlier of the following days. a. The day after the member and his dependants are able to occupy the Commonwealth provided accommodation. b. The end of the sixth week after the member or his dependants arrive in Rome, whichever is earlier.4. For each day that the member receives the settling in advance the member's next payment of support allowance is reduced by the daily amount of that allowance.Example: The member was in settling in accommodation and received settling in allowance for 12 days. The member's next payment of support allowance will be reduced by 12 days. 19 Utilities 1. In this section, utilities means the following services. a. Water. b. Gas. c. Electricity. d. Heating. e. Other fuel for ordinary household purposes. f. Garbage. g. Sewerage.2. If unreasonable utilities costs are incurred as determined by the Defence Attaché, the member's next payment of support allowance will be reduced by an amount that has been determined as unreasonable by the Defence Attaché. 3. When determining if the utilities costs are unreasonable, the Defence Attaché must consider all of the following criteria. a. The make up of the member's family. b. The condition and nature of the residence occupied by the member's family. c. The climatic conditions in Rome. d. The level of use of the utilities by the member's family. e. Any special circumstance affecting the member's family that may cause an otherwise unreasonable usage of utilities.Note: If the member does not have another payment of support allowance, any amount the Defence Attaché considers unreasonable must be repaid to the Commonwealth.4. If the accommodation has a heated swimming pool, the Defence Attaché will determine an amount that the member is required to pay for any swimming pool heating.9 20 Education 1. The member is eligible for the following education assistance for his dependants. a. The payment by the Commonwealth of reasonable required deposits necessary to secure school positions for the member's school aged children. b. The payment by the Commonwealth of any compulsory tuition fees. c. The reimbursement of costs for the dependants to attend the approved summer school, the American Overseas School of Rome, for up to four weeks per annum.2. The Defence Attaché may approve the reimbursement of extra costs associated with a child's remedial tuition, taking into consideration the following criteria. The reimbursement may be for up to 200 hours' remedial tuition per child during the first year in Rome. a. The child's education progress. b. The nature and cost of the tuition. c. The probable need for and cost of similar tuition in Australia. d. Whether the remedial tuition is necessary for the child to make reasonable progress at school, within the limits of their ability. e. Any other factor relevant to the child's educational progress.21 Medical costs 1. The member is eligible to be reimbursed out-of pocket expenses incurred by a dependant for medical services provided by a registered medical practitioner. The following conditions apply. a. The medical service must be one for which the dependant would be entitled to a Medicare benefit in Australia. b. The member must reach the following minimum threshold in out-of-pocket expenses for the dependant. i. If the dependant is less than 15 years old at the beginning of the financial year, the minimum threshold is AUD 25 for each visit. ii. If the dependant is 15 years or older at the beginning of the financial year, the minimum threshold is AUD 69 for each visit. c. The minimum threshold is not reimbursed.Exclusion: Medical services for any pre-existing condition or illness that has not been approved by the Director General Personnel – Army, under subsection 9.5 or listed in the schedule.Exception: Costs associated with assisted reproductive services provided overseas are not reimbursable under this section.Note: If the member's dependants are to travel outside of Italy, they will not be covered by this section. It is recommended that they take out private travel insurance.10 22 Hospital costs 1. This section applies when both of the following conditions are met. a. The dependant meets any of the following criteria. i. The dependant is certified as fit to travel under section 9. ii. The dependant has a pre-existing condition or illness and has been approved for assistance by the decision-maker, under subsection 9.5 iii. The dependant has a pre-existing condition or illness listed in the schedule, subject to the restrictions. b. The member has not received a benefit for the same service under sections 21 or 23.Exclusion: Hospital treatment for any pre-existing condition or illness that has not been approved by the Director General Personnel – Army, under subsection 9.5 or listed in the schedule.2. If a dependant is admitted to a public hospital in Italy, the member may be eligible to be reimbursed costs for hospital accommodation, treatment and related charges incurred by the dependant.3. If a dependant is admitted to a private hospital in Italy, the decision-maker may approve the reimbursement of reasonable costs for hospital accommodation, treatment and related charges incurred by the dependant.Note: The reimbursement may be for part or full costs.4. In making a decision under subsection 3, the decision-maker must consider all of the following criteria. a. The nature of the illness or condition of the dependant. b. The availability of the required treatment in a public hospital. c. Any other factor relevant to the treatment of the dependant.Note: If the member's dependants are to travel outside of Italy, they will not be covered by this section. It is recommended that they take out private travel insurance.23 Pharmaceutical costs 1. The member is eligible to be reimbursed costs for pharmaceutical products for a dependant. The following conditions apply. a. The pharmaceutical product must be a drug or medicinal preparation prescribed by a registered medical practitioner. b. The amount payable is any amount by which an item exceeds AUD 31.30.2. During a calendar year, the member may pay repeated threshold costs outlined in paragraph 1.b for a dependant. After the total threshold payments exceed AUD 1,141.80 for the calendar year, the member is to be reimbursed the amount by which an item exceeds AUD 5.00.11 Exclusion: Any pharmaceutical product for any pre-existing condition or illness that has not been approved by the Director General Personnel – Army, under subsection 9.5 or listed in the schedule.Note: If the member's dependants are to travel outside of Italy, they will not be covered by this section. It is recommended that they take out private travel insurance.24 Ancillary services 1. The member is eligible to be reimbursed costs for ancillary services provided in Italy for a dependant.2. An ancillary service includes an additional service not covered by Medicare, but covered by the Medibank Private Top Hospital and Top Extras package in Australia. The following are examples of ancillary services. a. Dental treatment that is medically necessary.Exception: Cosmetic dental treatment. b. Optical services.Exception: Cosmetic optical treatment. c. Physiotherapy, speech pathology, occupational therapy. d. Ambulance transport.3. The member is to be reimbursed the additional cost above the cost of a similar service in Australia. The Australian cost is determined by reference to either of these health funds. a. The private health fund the dependants belonged to before leaving Australia. b. Medibank Private, if the dependants do not have private health insurance.Exclusion: Any ancillary services that are in relation to a pre-existing condition or illness that has not been approved by the Director General Personnel – Army, under subsection 9.5 or listed in the schedule.Note: If the member's dependants are to travel outside of Italy, they will not be covered by this section. It is recommended that they take out private travel insurance.25 Claiming reimbursement of eligible costs To make a claim for reimbursement of eligible costs provided by this Determination, unless otherwise specified, the member is to forward the claims and receipts to the Defence Attaché.26 Other benefits not specified 1. 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 and 15 of Defence Determination 2016/19, Conditions of service, as in force from time to time, had that Determination applied to the member. This is to allow the member and his dependants to manage unforseen, exceptional or compassionate circumstances. Examples: Compassionate travel, evacuations.12 2. When making a decision under subsection 1, the decision-maker must take the following into consideration. a. The welfare of the member and his dependants. b. Whether the cost should be paid using support allowance. c. Any evidence provided to support the reason for the benefit. d. Any other relevant matter.3. The member is not eligible for any of the following benefits. The calculation of support allowance includes off setting these benefits. a. Cost of living adjustment. b. Post adjustment. c. Child allowance. d. Pet relocation costs. e. Club memberships. f. Separation allowance. g. School transport costs. h. Foreign language tuition or training. i. Excess baggage costs. j. Reunion travel, if the member's dependants return to Australia early. k. Additional food or clothing allowances. l. Worldwide risk insurance. m. Any benefit that is equivalent to a benefit that has been provided by the MFO or another organisation.27 Benefits if dependants return to Australia early 1. During the period of effect of this Determination, the decision-maker may approve benefits within Australia that the member would have been eligible for under Defence Determination 2016/19, Conditions of service, as in force from time to time, had that Determination applied to the member, if the member's dependants return to Australia before the cessation date of this Determination. 2. When making a decision under subsection 1, the decision-maker must take the following into consideration. a. The welfare of the member's dependants. b. Any evidence provided to justify the benefit. c. Any other relevant matter.13 Schedule: Conditions and illnesses covered by sections 21 to 24 If a dependant has any of the following pre-existing conditions or illnesses, assistance with medical costs is provided under sections 21 to 24, subject to any restrictions. Condition or illness Restriction Acne If there has been no treatment by a medical practitioner in the last 60 days. Allergies If there has been no treatment by a medical practitioner in the last six months. Asthma If there has been no exacerbation requiring treatment by a medical practitioner in the last 12 months. Also, if the dependant has no underlying lung condition or disease, inclusive of, but not limited to, the following: a. Chronic bronchitis; b. Chronic obstructive airways disease; c. Emphysema. Cataracts or Glaucoma If there are no ongoing complications, the dependant is not on a waiting list for an operation, or has not been operated on in the last 30 days. Coeliac disease If there has been no treatment by a medical practitioner in the last six months. Diabetes or Glucose If the condition was diagnosed over 12 months before travel and there intolerance have been no complications in the last 12 months. Ear grommets If there is no infection at the time of travel. Epilepsy If there are no underlying medical conditions (eg. Head trauma or stroke) and there has been no treatment by a medical practitioner in the last two years. Gastric reflux If the condition does not relate to another underlying condition (eg. hernia or gastric ulcer). Gout If the gout has remained stable for the last six months. Hiatus hernia If no surgery is planned. Hip or knee replacement If surgery was performed more than six months ago and less than 10 years ago. High cholesterol If there are no known heart conditions. Hypertension (high blood If the condition is stable and managed by a doctor, and if there is no pressure) underlying heart or cardiovascular condition. Menopause If the dependant does not suffer from osteoporosis. Peptic or gastric ulcer If the condition has remained stable for the last six months. Under or over active thyroid If it is not a result of a tumour.14 EXPLANATORY STATEMENT Defence Determination 2016/36This Determination is made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act. The Multinational Force and Observers (MFO) is an international organisation that has peacekeeping responsibilities in the Sinai. The Force Commander of the MFO (FCMFO) has the responsibility of the international military contingents of the MFO, and maintains the good order of the MFO Force. In March 2017, BRIG Simon Stuart will commence a two year appointment as FCMFO; this appointment may be extended to three years. BRIG Stuart's appointment as FCMFO will provide the opportunity for Australia to positively affect the security environment in the Sinai. Under the terms of the appointment, MAJGEN Stuart, as the FCMFO, is required to observe the principles of strict neutrality and can neither seek or receive operational instructions from the ADF. Consistent with this, his remuneration and appointment related expenses will be provided by the MFO. The ADF is not to provide any benefit that is, or may be reasonably construed as, a salary and/or an explicit appointment related benefit.The purpose of this Determination is to provide a package of benefits to MAJGEN Simon Stuart ('the member') that will enable him to relocate and support his family in Rome, Italy, during his appointment as the FCMFO in the Sinai. The intent of the conditions of service package is to allow the member to maintain contact with his family, which may be compromised by periods of prolonged absence, and not suffer a financial disadvantage as a result of his appointment.Section 1 of this Determination sets out the manner in which this Determination may be cited.Section 2 of this Determination provides that the Determination commences on the date of registration. This commencement date is to provide the member and his dependants time to establish themselves in Rome, Italy, and for the dependants to commence school before the member commences his appointment. This section also provides that the Determination ceases on 31 March 2019. This cessation date is to allow the member and his dependants time to return to Australia after the appointment and before the member's next posting. Section 3 provides that this instrument has authority under section 58B of the Defence Act 1903.Section 4 specifies that this Determination applies to Simon Stuart who holds the service number 556064 ('the member'). The service number is a unique identification number which enables Defence to recognise and ensure that the benefits provided under this Determination are specific to the relevant member.Section 5 provides that during the effective period of this Determination, the member is not eligible for any benefit under Defence Determination 2016/19, Conditions of service, that has a similar purpose of a benefit provided under this Determination. This is to ensure that the member does not receive double benefits during the appointment. Defence Determination 2016/19 is the determination that sets out the financial conditions of service for members of the ADF.Section 6 provides definitions for terms that are used within this Determination.Section 7 provides that the time the member holds the appointment is counted as effective service for salary increment advancement and accrual of long service leave purposes. Section 8 provides a reimbursement of costs for professional financial advice in relation to the appointment before leaving Australia. Section 9 provides that to be eligible for assistance with medical costs provided under this Determination, the member's dependants are required to obtain medical and dental certificates of fitness. These certificates aim to identify if there are any pre-existing conditions or illnesses that would require ongoing healthcare that is beyond the scope of routine prescription or general practitioner services. If any pre-existing conditions or illnesses are reported on the medical or dental certificate, the Director General Personnel – Army may determine the level of medical assistance the dependant is eligible to receive under sections 21 to 24 of this Determination. This section also provides that the member is eligible to be reimbursed any costs related to the medical and dental certificates of fitness, and for any inoculations, vaccinations and anti-malarial drugs that the dependants may need before they leave Australia for Rome.Section 10 provides an outlay advance payable to the member. This advance is to help the member with establishment costs in Rome, and is to be repaid to the Commonwealth during the first 12 months after the member has received the advance. This repayment is to be made through a deduction in the amount of support allowance the member receives, as provided under section 16 of this Determination.Section 11 provides for the removal of the member's and the dependant's personal effects to Rome and then on return to Australia. The member's effects are limited to the amount that is not being transported to the Sinai by the MFO. The section also provides for the removal of the personal effects at the time when the member or his dependants return to Australia.Section 12 provides the removal and storage of the member's vehicles and furniture within Australia. The removal and storage is limited to the vehicles and furniture that are not removed and stored by the MFO. The member is also eligible for a removal of the stored items to the member's new posting location when he returns to Australia, or to the location where the dependants will live in Australia if they return to Australia before the member's appointment ceases.Section 13 provides that if the member chooses to sell a vehicle or their furniture instead of putting them in storage, the member is eligible to be reimbursed an amount that has been considered reasonable by the decision maker, for any losses that were incurred on sale of the items.Section 14 provides that the member is eligible to receive temporary accommodation allowance and an allowance to assist with meal and incidental costs. The allowances provide financial assistance with temporary accommodation, meal and miscellaneous costs that the member and his dependants may incur before they leave Australia. An amount payable for these costs for the return journey to Australia has not been provided in this Determination. These allowances will be determined before the member and his dependants return to Australia to reflect the allowance rates at that time.Section 15 provides business class travel for the member and his dependants from Australia to Rome, and then to the member's new posting location in Australia after his appointment, including any connecting flights that may be required. This travel is limited to one return trip per person. If the member's dependants choose to return to Australia early using the return portion of their travel, the Commonwealth will not be liable for any other travel under this section. Section 16 provides a payment of support allowance which is to assist in offsetting additional expenses that the member may incur while his dependants live in Rome. Support allowance is paid in quarterly instalments that may be adjusted to take into account any deductions that the member must make, for example the repayment of the outlay advance. This allowance has been calculated to compensate for reasonable costs that the member would have been eligible for, if the member was on an accompanied long-term overseas posting. The first payment of support allowance has been scheduled for the day that the member and his dependants leave Australia to assist the member and his dependant's with any additional and unforseen costs that are associated with their relocation to Rome. The final payment date for support allowance has been calculated to include an additional two weeks beyond the end of the quarter; this will mean that an additional payment is not required for the final two weeks that the member and his dependants are eligible for the allowance. The payment of support allowance will cease if the dependants permanently leave, or choose not to live in, the Commonwealth provided accommodation. As the payment of support allowance is made to the member at the beginning of each quarter, the amount of allowance the member received for time the dependants did not live in the accommodation must be repaid to the Commonwealth.Section 17 provides that accommodation in Rome will be provided at Commonwealth expense for the member and his dependants. The member is required to pay for any unreasonable wear and tear to the accommodation and for end of occupation cleaning and tidying of the house and grounds. If all of the dependants do not live in the Commonwealth provided accommodation for a temporary period of longer than 28 consecutive days, the next quarterly support allowance payment will be reduced based on the number of days that the dependants do not live in the accommodation beyond 28 days. Section 18 provides temporary accommodation and the payment of a settling in advance for the member and his dependants if their Commonwealth provided accommodation in Rome is not available when they arrive. The settling in advance is payable for each day that the member and his dependants are required to live in the settling in accommodation and is payable until the member and his dependants move into the Commonwealth provided accommodation or for a maximum of six weeks, whichever is earliest. For every day that the member receives payment of the advance, the amount of the support allowance the member receives under section 16 of this Determination will be reduced.Section 19 provides that the member is required to pay for any additional utilities costs through a deduction in the amount of support allowance the member receives. If the Commonwealth provided accommodation includes a heated swimming pool, the Defence Attaché will determine the amount that must be paid by the member towards the cost of swimming pool heating. Section 20 provides that the member is eligible for assistance with education costs for his dependants. The Commonwealth will pay for any reasonable deposits to secure school positions and any compulsory tuition fees. The member is eligible for the reimbursement for the cost of attendance at an approved summer school. The member may also be reimbursed any extra costs associated with any remedial tuition that the member's dependant children may need during their first year in Rome.Sections 21 to 24 provide that the member is eligible for the reimbursement of out-of-pocket costs above a minimum threshold for medical, hospital, pharmaceutical and ancillary services. The minimum thresholds are the same as what would have applied if the member was on an accompanied long-term overseas posting. These provisions ensure that the member's dependants are able to access adequate medical services during their time in Rome. Section 25 provides that the member must provide claims and receipts for reimbursement of eligible costs to the Defence Attaché Southern Europe in Madrid, Spain, unless otherwise specified. As there currently is no Defence Attaché in Rome, the Defence Attaché Southern Europe will provide administrative support to the member and his family. Section 26 provides that during the effective period of this Determination, the decision-maker may approve overseas benefits provided under Chapters 14 and 15 of Defence Determination 2016/19, Conditions of service, had those chapters applied to the member had he been on a long-term overseas posting. This provision allows the member and his dependants to manage any unforseen, exceptional and compassionate circumstances. Section 27 provides that during the effective period of this Determination, the decision-maker may approve benefits within Australia provided under Defence Determination 2016/19, Conditions of service, if the member's dependants return to Australia before the cessation date of this Determination. This section allows the decision-maker to provide benefits to the member's dependants similar to those that the dependant's would have been eligible for if the member was on an unaccompanied long-term posting overseas.The schedule to this Determination provides pre-existing conditions or illnesses that are covered by the provisions under sections 21 to 24. This schedule is to assist the Director General Personnel – Army, by eliminating these conditions and illnesses from the decision making process when a decision regarding the level of medical support that will be provided to the member's dependants if they have a pre-existing condition or illness reported on their pre-departure certificates of fitness. ConsultationExternal consultation was undertaken in accordance with section 17 of the Legislation Act 2003 before this Determination was made with the Department of Foreign Affairs and Trade, the Defence Attaché in Madrid, Spain, and the Multinational Force and Observers Headquarters. Extensive internal consultation was undertaken with Army, International Policy Division, Defence Legal and the Defence Tax Management Office.Authority: Section 58B of the Defence Act 1903 Statement of Compatibility with Human RightsPrepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011Defence Determination 2016/36, Force Commander, Multinational Force and Observers – supporting benefitsThis Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.Overview of the DeterminationThe Multinational Force and Observers (MFO) is an international organisation that has peacekeeping responsibilities in the Sinai. The Force Commander of the MFO (FCMFO) has the responsibility of the international military contingents of the MFO, and maintains the good order of the MFO Force. In March 2017, MAJGEN Simon Stuart will commence a two year appointment as FCMFO; this appointment may be extended to three years. MAJGEN Stuart's appointment as FCMFO will provide the opportunity for Australia to positively affect the security environment in the Sinai. Under the terms of the appointment, MAJGEN Stuart, as the FCMFO, is required to observe the principles of strict neutrality and can neither seek or receive operational instructions from the ADF. Consistent with this, his remuneration and appointment related expenses will be provided by the MFO. The ADF is not to provide any benefit that is, or may be reasonably construed as, a salary and/or an explicit appointment related benefit.The purpose of this Determination is to provide a package of benefits to MAJGEN Stuart ('the member') that will enable him to relocate and support his family in Rome, Italy, during his appointment as the FCMFO in the Sinai. The intent of the conditions of service package is to allow the member to maintain contact with his family, which may be compromised by periods of prolonged absence, and not suffer a financial disadvantage as a result of his appointment.Human rights implicationsRight to the protection and assistance to the familyThe protection of a person's right to family protection and assistance engages Article 10 of the International Covenant on Economic, Social and Cultural Rights. Article 10 guarantees the widest possible protection and assistance be accorded to the family, particularly while it is responsible for the care and education of dependant children.Right to an adequate standard of livingThe protection of a person's right to an adequate standard of living engages Article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 guarantees the right to an adequate standard of living for a family, including the continuous improvement of living conditions.Legitimate objective: During MAJGEN Stuart's appointment he will be based in the Sinai, with some time spent in Rome, Italy, where the MFO headquarters are based. A home in the Sinai will be provided by the MFO for the member to use during his appointment, and while the home is a suitable residence for the member and his dependants, it is recommended that the member's family not reside in the Sinai. No benefits are provided by the MFO in relation to the member's family, the purpose of this Determination is to provide these benefits.Reasonable, necessary and proportionate: To assist MAJGEN Stuart to maintain regular contact with his family, his family will be located in Rome, Italy, for the duration of his appointment with the MFO, this Determination provides a package of benefits will allow the member to locate and establish his dependants in Rome. This Determination provides assistance with travel, accommodation, education and medical expenses with minimal to no cost to the member. The provision of support allowance will assist in off setting other benefits that an accompanied member on long-term overseas posting would receive under Defence Determination 2016/19, Conditions of service, which is the determination that sets out the financial conditions of service for members of the ADF. This Determination promotes the rights of the family by assisting the member maintain regular contact with his family which may be compromised by periods of prolonged absence. It also promotes the right to an adequate standard of living by providing suitable accommodation for the member's dependants and financial assistance with the cost of living in Rome.ConclusionThis Determination is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.Air Chief Marshal Mark Donald Binskin, Chief of the Defence Force

Defence Determination 2016/36, Force Commander, Multinational Force and Observers Supporting

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