Document ID: chunk:federal_register_of_legislation:F2022L00095:schedule:3:p1
Version: federal_register_of_legislation:F2022L00095
Segment Type: schedule
Provision Reference: sch 3 (pt 1/3)
Character Range: 12017–17556

Schedule 3—Death of a member or dependant overseas amendments

Defence Determination 2016/19, Conditions of service
  1    Chapter 12 Part 6 (Imprisonment, detention and custody overseas)
     After the Part, insert:

  Part 7: Death of member or dependant overseas

  12.7.1    Purpose
   The purpose of this Part is to provide assistance to family members if a member or their dependant dies overseas.

12.7.3    Definitions
   In this Part the following apply.
   Beneficiary means one of the following persons.
   a.                                               A dependant of a member.
   b.                                               The legal personal representative of a member.

  12.7.2    Person this Part applies to
   This Part applies to the following.
   a.                                   A member, including a member on Reserve service, who meets one of the following.
                                        i.                                                                                They are on a long-term posting overseas.
                                        ii.                                                                               They are on short-term duty overseas.
   b.                                   A beneficiary of a member in paragraph a. if the member has died.

  12.7.4    Assistance if member dies
1.  If a member dies overseas, the member's beneficiary is eligible for the following.
    a.                                                                                                                 The reasonable cost of preparing the remains.
    b.                                                                                                                 If requested by the member's next of kin — the cost of returning the remains to Australia
    c.                                                                                                                 If approved by the Director General Defence Member and Family Support — financial assistance for a funeral.
    Note: The funeral may be held in an overseas location or in Australia.
2.  The amount of financial assistance payable under paragraph 1.c. is the lesser of the following.
    a.                                                                                                                 The cost of the funeral.
    b.                                                                                                                 AUD 14,000.
3.  A beneficiary is eligible for financial assistance for a memorial service of a member if all the following apply.
    a.                                                                                                                 The member's funeral occurs while COVID-19 control measures relating to funerals are in place in the location where the funeral is to be held.
    b.                                                                                                                 The memorial service occurs between the following days.
                                                                                                                       i.                                                                                                                                              The day the COVID-19 control measures relating to funerals end.
                                                                                                                       ii.                                                                                                                                             The day 12 months after the COVID-19 control measures relating to funerals end.
    c.                                                                                                                 The assistance is approved by the Director General Defence Member and Family Support.
4.  The amount of financial assistance available under subsection 3 is the greater of the following.
    a.                                                                                                                 The lesser of the following.
                                                                                                                       i.                                                                                                                                              The cost of the memorial service.
                                                                                                                       ii.                                                                                                                                             AUD 14,000 less the amount paid under section 11.4.9 or this section, if any.
    b.                                                                                                                 If there are exceptional circumstances  the amount approved by the Director General Defence Member and Family Support.

  12.7.5    Assistance if dependant dies
1.  This section applies to a member who meets all the following.
    a.                                                                                              A dependant of the member is living with them at the overseas posting location.
    b.                                                                                              The dependant in paragraph a. dies.
2.  Subject to subsection 5, the member is eligible for