The purpose of this Part is to compensate family members if a member or dependant dies overseas.
In this Part:
Beneficiary, in respect of a member, means one of the following persons.
A dependant of the member.
The member’s legal personal representative.
COVID-19 control measure means a measure, however described, taken to limit the spread of COVID-19 issued by a government, or government authority.
This Part applies to a member, including a member on Reserve service, and a dependant living with the member at the posting location when the member is on either of the following.
Long-term posting overseas.
Short-term duty overseas.
Note: In the total workforce model, this includes a member in Service categories 3, 4, 5 and 7. It also includes employees in Service category 1 through the operation of section H6 of the Enterprise Agreement 2017-2020. A member in Service category 6 is unlikely to perform duty overseas.
If a member dies overseas, the member's dependant or their legal personal representative is eligible for the following.
The reasonable cost of preparing the remains.
The cost of returning the remains to Australia, if the next of kin request it.
A beneficiary is eligible for financial assistance for a funeral if the member dies overseas and the assistance is approved by the Director General Defence Community Organisation.
Note: The funeral may be held in an overseas location or in Australia.
The amount of financial assistance payable under subsection 2 is the lesser of the following.
The cost of the funeral.
A beneficiary is eligible for financial assistance for a memorial service of a member if all the following apply.
The member’s funeral occurs while a COVID-19 control measures relating to funerals are in place in the location where the funeral is to be held.
It is approved by the Director General Defence Community Organisation.
The memorial service occurs between the following days.
The day the COVID-19 control measures relating to funerals ends.
The day 12 months after the COVID-19 control measures relating to funerals ends.
The amount of financial assistance available under subsection 4 is the greater of the following.
The lesser of the following.
The cost of the memorial service.
$14,000 less the amount paid under section 11.4.9 or 15.9.3, if any.
If there are exceptional circumstances — the amount approved by the Director General Defence Community Organisation.
The member is eligible for financial assistance for the reasonable costs of the following up to a total benefit of AUD 14,000 if their dependant dies overseas and the assistance is approved by the Director General Defence Community Organisation.
If the dependant is being returned to Australia, both of the following.
The preparing of the dependant’s remains.
The returning the dependant’s remains to Australia.
A funeral in the overseas location.
Subject to subsection 2, a memorial service.
Financial assistance may only be provided for a memorial service if all the following apply.
Their funeral occurs while a COVID-19 control measures relating to funerals in the location the funeral is to be held are in place.
The memorial service occurs after the day the COVID-19 control measures relating to funerals ends.
The memorial service does not occur after 12 months from the day the COVID-19 control measures relating to funerals ends.
The financial assistance available under this section is to be paid to one of the following.
The member’s legal personal representative.
Subject to subsection 4, if a member dies during a long-term posting, any benefits for dependants under Chapters 14 or 15 are to continue.
The period for continuing benefits is as follows.
Beginning on the day the member dies.
Ending six weeks after the member dies.
Exception: For transport and removal of dependants and their possessions, the period ends a year after the member dies.
The CDF can grant dependants more time to conclude their arrangements at the posting location. The CDF may extend the period to a day the CDF considers reasonable in the circumstances. The CDF must consider all these factors.
The circumstances in which the member died.
The situation of the dependants who continue to live at the posting location after the member's death.
Any other factor relevant to the dependants.
These additional conditions apply.
The overseas living allowances are paid at two-thirds of the rate that would have been paid if the member had not died.
Rent and utilities contribution is not payable.
For education assistance benefits, the deceased member is taken to have returned to Australia on the day the member died.
Transport for dependants and their possessions may be provided to a location other than Australia. The amount must not be more what the Commonwealth would have paid if the dependants returned to Australia.
Persons who can make the decision under subsection 220.127.116.11 on behalf of the Secretary/CDF:
A person working in the Pay an Administration Centre – Victoria who is authorised to manage Defence pay administration at overseas posts and is not below WO2(E)/APS 5.
The legally eligible person may be reimbursed for loss on sale of the member's motor vehicle (or towable item) stored in Australia.
The reimbursement is under Chapter 6 Part 2, Loss on sale of furniture, effect and vehicles.
Note: The limit for loss on sale on overseas postings is AUD 1,400.
Application to Reservists: Yes, on continuous full-time service.