Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p37
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 174106–180689

to a member not receiving salary for either of the following reasons.
    a.                                                                                                                                                                                                                                                                                          The member meets a condition under section A.1.4 of DFRT Determination No. 2 of 2017, Salaries.
    b.                                                                                                                                                                                                                                                                                          The member is on a nonworking period under the member's flexible service determination.
2.  Any unpaid contributions or payments are a debt to the Commonwealth. The Commonwealth may recover any unpaid contributions or payments.

    Note: The Accountable Authority Instructions issued under Section 20A of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) provide guidance and relevant procedures relating to debt management to ensure officials can meet their obligations under the PGPA Act.

1.5.5 Recovery by the Commonwealth

1.  This section applies if a member must repay an overpayment of salary or allowances to the Commonwealth.
2.  The Commonwealth may recover the overpaid amount from the salary and allowances that the member has been – or may be – paid. The Commonwealth still has the right to recover the overpaid amount by other means.

    Note: The Public Governance, Performance and Accountability Act 2013 recovery processes are usually used to do this.

1.5.6 Decision-makers to avoid conflict of interest

1.  This section applies if a member would get a personal benefit from a decision they are authorised to make.
2.  The member must refer the decision to another decision-maker at or above their rank or classification.

1.5.7 Member to provide evidence of payment

1.  This section applies to a member who is eligible for the reimbursement of a payment they made.
2.  The member must provide either of the following as evidence that they made the payment.
    a.                                                                                                                                                                                                                                 Written evidence, including any original receipts.
    b.                                                                                                                                                                                                                                 A statutory declaration if written evidence is not available.
3.  The member must provide the items when they lodge their claim for reimbursement or as soon as practical after that time.

    Note: A person who knowingly makes a false statement in a statutory declaration under the Statutory Declarations Act 1959, as amended, is guilty of an offence under section 11 of that Act. They could go to prison for 4 years.

Part 6: Payment of benefits in special circumstances

1.6.1 Dual entitlement – member's partner is also a member

1.  This section applies if all the following are met.
    a.                                                                                                                                                                                                                                                                             A member's partner is also a member.
    b.                                                                                                                                                                                                                                                                             Both members are eligible for any of the following benefits at the same time or for the same event.
                                                                                                                                                                                                                                                                                   i.                                                                                                   Disturbance allowance.
                                                                                                                                                                                                                                                                                   ii.                                                                                                  Reimbursement for childcare on removal.
                                                                                                                                                                                                                                                                                   iii.                                                                                                 Assistance or reimbursement for home sale or purchase.
                                                                                                                                                                                                                                                                                   iv.                                                                                                  Reimbursement for loss on sale of furniture and effects.
                                                                                                                                                                                                                                                                                   v.                                                                                                   Reimbursement for loss on sale of a vehicle.
                                                                                                                                                                                                                                                                                   vi.                                                                                                  Reimbursement for cost of insurance on removal of urgently needed