Document ID: chunk:federal_register_of_legislation:F2024L01694:clause:1_9:p1
Version: federal_register_of_legislation:F2024L01694
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 1/5)
Character Range: 3871–8996

9  Chapter 6 Part 5 Division 10
   Repeal the Division, substitute:

Division 10: Assistance on breakdown of relationship

Subdivision 1: General provisions

6.5.76 Simplified outline of this Division

      A relationship between a member and their partner may break down and a removal may be needed. The benefits provided in this Division are available for both a member and their former partner, and may include the removal of furniture and effects, pet relocation and private vehicle removals in Australia. This Division provides all the removal related benefits available following the end of a relationship.
      The eligibility requirements that a person seeking a removal needs to meet are provided in Subdivision 2. Each person needs to be eligible in their own right before they can receive a removal.
      Removals may be limited in terms of what can be removed, how many removals a person can receive under this Division and where the removals can be effected to (Subdivision 3).
      Additional benefits for privately arranged removals and hiring household goods may also be available in specific circumstances (Subdivision 4).

6.5.76A Definitions
   In this Division, the following apply.
   Decision maker means the following
   a.                                      Executive Director Relocations and Housing.
   b.                                      Director Relocations and Housing.
   c.                                      Assistant Director Relocations and Housing.
   d.                                      Assistant Contract Manager Relocations and Housing.
   e.                                      An employee of Toll Transitions who performs the duties of the following.
                                           i.                                                                         National Relocations Administration Services Manager.
                                           ii.                                                                        Regional Relocations Manager.
                                           iii.                                                                       Relocations Administration Services Manager.
                                           iv.                                                                        Senior Case Manager.

6.5.77 Person this Division applies to
   This Division applies to any of the following persons when a relationship breaks down.
   a.                                                                                      A member posted to a location in Australia.
   b.                                                                                      A member's former partner.

Subdivision 2: Eligibility for a removal

6.5.78 Eligibility for removal
1.  A person is eligible for a removal if their relationship has broken down and all of following are met.
    a.                                                                                                                            The person applies for a removal in writing.
    b.                                                                                                                            The decision maker is satisfied that the removal is reasonable, having regard to the following.
                                                                                                                                  i.                                                                                                      The intention to establish separate living arrangements.
                                                                                                                                  ii.                                                                                                     Any relevant orders made by a court.
                                                                                                                                  iii.                                                                                                    If the person is a member — the reason they need to vacate the property.
                                                                                                                                  iv.                                                                                                     Any other relevant factor.
    Note 1:  Both people may be eligible to receive a removal under this Division.
    Note 2:  Members receiving a removal under this Division are not eligible for disturbance allowance under Part 1 Division 1.
2.  The application for a removal under this Division must be made by the later of the following.
    a.                                                                                                                            If the person is a member — within 90 days of notification of the breakdown of the relationship.
    b.                                                                                                                            If the person is not a member