Document ID: chunk:federal_register_of_legislation:F2020L01717:clause:1_9:p11
Version: federal_register_of_legislation:F2020L01717
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 11/12)
Character Range: 74804–82331

the child is staying in private accommodation — AUD 3,182.
    c.                                                                                                                                                                                                            If the child was not living with the member before the member was given notice of their long-term posting overseas — the annual costs of the accommodation for the child paid before the notice was given.

15.6.28    Remedial tuition
1.  Subject to subsection 2, a member is eligible to be reimbursed the cost of up to 200 hours of remedial tuition a year for their child if the CDF is satisfied the tuition is required as a result of the overseas posting having regard to all of the following.
    a.                                                                                                                                                                                                                                                                The child's education progress.
    b.                                                                                                                                                                                                                                                                The nature of the tuition.
    c.                                                                                                                                                                                                                                                                Whether there has been a decline in the child's academic performance at school.
    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.
2.  The benefit amount is calculated using the following formula.

                                                                                                                                                                                                                                                                      Where:
                                                                                                                                                                                                                                                                      A                                                                                                                                  The amount the member paid for remedial tuition.
                                                                                                                                                                                                                                                                      B                                                                                                                                  The amount the member would have paid for remedial tuition if the member was in Australia.

15.6.29    Child leaves the posting location overseas to attend school in Australia
1.  This section applies to a member if all of the following apply.
    a.                                                                                                                                                                                                       The member has received compulsory tuition fees for study at the posting location overseas under Division 2 or Division 3.
    b.                                                                                                                                                                                                       The member's child has relocated to Australia to study before the end of the member's posting.
2.  The member is ineligible for benefits under this Division unless all of the following apply.
    a.                                                                                                                                                                                                       One of the following applies.
                                                                                                                                                                                                             i.                                                                                                                                                                  The member has repaid any benefit for compulsory tuition fees for the child's study overseas under section 15.6.10 for the period the child is not in the posting location.
                                                                                                                                                                                                             ii.                                                                                                                                                                 The period for which the compulsory tuition fees for study at the posting location overseas has ended.
    b.                                                                                                                                                                                                       The CDF considers the cost to Defence and approves benefits under this Division.
3.  If the member has paid a contribution under section 15.6.10 and the period for which the contribution has not ended, the member is eligible for a reimbursement calculated using the following formula.

    Where:
    A                                                                                                                                                                                                        is the number of days left of the period the contribution covered from the day the Commonwealth was repaid the compulsory tuition fees it paid.
    B                                                                                                                                                                                                        is the number of days the contribution covered.
                                                                                                                                                                                                             Note: The period could be a school term, number of school terms or the full school year. The dates for school terms and school years are determined by the school.
    C                                                                                                                                                                                                        is the contribution the member paid.

15.6.30    End of