Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:3:p219
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 3 (pt 219/293)
Character Range: 2783913–2791065

11.3.3 Bereavement payment

1.  In this section the following apply.
    Dependent person means a person who was financially dependent on the deceased member during the relevant pay period.
    Gross fortnightly pay means the greater of the following amounts.
    a.                                                                                                                                                The total amount of the fortnightly instalments of salary and allowances the member would have been entitled to for the relevant pay period, and includes amount payable for any of the following.
                                                                                                                                                      i.                                                                                                                                                                                                  Income tax.
                                                                                                                                                      ii.                                                                                                                                                                                                 Superannuation.
                                                                                                                                                      iii.                                                                                                                                                                                                A debt due to the Commonwealth.
    b.                                                                                                                                                The average amount of gross fortnightly pay that the member was entitled to for each completed pay period in the last 3 months of service.
    Relevant pay period means the fortnight that ends on the day immediately before the day the member died.
2.  This section applies if all of the following have occurred.
    a.                                                                                                                                                The member has died.
    b.                                                                                                                                                During all or part of the relevant pay period, the member met one of the following.
                                                                                                                                                      i.                                                                                                                                                                                                  They were on continuous full-time service and salary was payable.
                                                                                                                                                      ii.                                                                                                                                                                                                 They were on a flexible service determination.
3.  This section does not apply if there is no dependent person.
4.  A dependent person is eligible to receive four times the member's gross fortnightly pay as a bereavement payment.
5.  Payment must be made in four equal fortnightly instalments, and begins on the first day of the pay period immediately after the member's death.

11.3.4 Payment for financial or legal advice

1.  This payment assists persons with legal or financial responsibility upon a member's death to carry out their duties. It is intended to assist the person to make sound and rational decisions associated with their role.
2.  This section applies to a person who meets both of the following conditions.
    a.                                                                                                                                                                                                                         They must be a member of the family as defined under section 58A of Defence Act 1903.
    b.                                                                                                                                                                                                                         They hold any of the following roles.
    i.                                                                                                                                                                                                                         An executor of the deceased member's will.
    ii.                                                                                                                                                                                                                        A beneficiary of the deceased member's estate.
    iii.                                                                                                                                                                                                                       A legal personal representative of the beneficiary of the deceased member's estate.
3.  The person may be eligible for a payment under this section if all of the following have been met.
    a.                                                                                                                                                                                                                         The CDF forms a belief that the person would have difficulty making decisions required of them, but that this is unlikely to result in the appointment of another person to make the decision on their behalf.
    b.                                                                                                                                                                                                                         The CDF believes the difficulty is caused by either of the following.
    i.                                                                                                                                                                                                                         A lack of demonstrated adult cognitive maturity.
    ii.                                                                                                                                                                                                                        Another cognitive or functional impairment.
    c.                                                                                                                                                                                                                         The CDF decides that based on his belief, the person needs the support to carry out their role