Document ID: chunk:federal_register_of_legislation:F2021L00945:clause:4_12:p1
Version: federal_register_of_legislation:F2021L00945
Segment Type: clause
Provision Reference: sch 4 cl 12 (pt 1/2)
Character Range: 40174–46583

12  Chapter 16 Part 1: General conditions and definitions
    Omit the Part, substitute:

Part 1: General conditions and definitions

16.1.1    Purpose
   The purpose of the overseas hardship package is to provide assistance for members and their dependants for difficulties or hardships experienced on either of these kinds of overseas service.
   a.                                                                                                                                                                                              Long-term posting at certain posting locations overseas.
   b.                                                                                                                                                                                              Short-term duty at certain overseas locations

16.1.2    Definitions
   In this Chapter the following apply.
   Capital city means the capital city in Australia with the lowest allowable travel cost where the locations for the allowable travel costs are the member's posting location and a capital city in Australia other than Hobart or Darwin.
   Hardship location means one of the following.
   a.                                                                                                                                                                                                                                        A location listed in Annex 16.B column 1.
   b.                                                                                                                                                                                                                                        A provisional hardship location.
   Provisional hardship location has the meaning given by section 16.1.3.
   Qualifying location means any of the following.
   a.                                                                                                                                                                                                                                        A hardship location.
   b.                                                                                                                                                                                                                                        A location for which the member received deployment allowance.
   Qualifying period has the meaning given by section 16.1.4
   Regional leave centre means one of the following.
   a.                                                                                                                                                                                                                                        A location listed as a regional leave centre in Annex 16.B column 3.
   b.                                                                                                                                                                                                                                        During the COVID-19 pandemic — unless the location in paragraph a is in the country in which the member is posted, a capital city in Australia.
   Relief leave centre means one of the following.
   a.                                                                                                                                                                                                                                        A location listed as a relief leave centre in Annex 16.B column 3.
   b.                                                                                                                                                                                                                                        During the COVID-19 pandemic — unless the location in paragraph a is in the country in which the member is posted, a capital city in Australia.

16.1.3    Provisional hardship location
1.  Provisional hardship location means a location determined by the CDF, taking all of the following into consideration.
    a.                                                                                                                      Whether the ADF is required to provide humanitarian aid, disaster relief or reconstruction assistance.
    b.                                                                                                                      The level of assistance required of the ADF.
    c.                                                                                                                      The level of hardship expected.
    d.                                                                                                                      The nature of duties expected.
    e.                                                                                                                      The expected duration of duty at the location.
    f.                                                                                                                      Any other factors relevant to the location.
2.  When determining a location under subsection 1, the CDF must also determine all of the following.
    a.                                                                                                                      The hardship location grade for the location.
    b.                                                                                                                      The period the hardship location grade applies, but not longer than 3 months.

16.1.4    Qualifying period
1.  Qualifying period means the lesser of the following periods of duty performed by a member.
    a.                                                                                          A period of 28 continuous days.
    b.                                                                                          A period determined by the CDF.
2.  For the purpose of paragraph 1.b, the CDF must consider all of the following.
    a.                                                                                          Whether the ADF is required to provide humanitarian aid, disaster relief or reconstruction assistance.
    b.                                                                                          The level