Division 11.—Removal of Families, Furniture and Effects in Australia.
110.—(1.) In this Division, unless the contrary intention appears—
(b) the legally adopted child of the member;
“family”, in relation to a member, means the persons who ordinarily reside with the member, being—
(a) his wife;
(b) his child under the age of twenty-one years;
(c) a child of the member who has attained the age of twenty-one years but is, through illness or infirmity, dependent upon the member;
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(d) a dependent mother of the member or of his wife; or
(e) a dependent father of the member or of his wife, if dependent upon the member through illness or infirmity,
and, in the case of a member who is widowed, divorced or separated from his wife, and has children under the age of twenty-one years, includes a person residing in a home maintained by the member for his children and acting as house-keeper or guardian of the children;
“removal”, in relation to a member, means the transport within Australia of the member’s family and any furniture and effects of the member and the members of his family, including, where necessary, the packing or unpacking of the furniture and effects, and “removed” has a corresponding meaning;
“separated”, in relation to a member, means where the member lives apart from his wife for reasons other than reasons connected with his military duties.
(2.) Where a member requests that his daughter, although she has attained the age of twenty-one years, should be regarded as a member of his family for the purposes of this Division—
(a) because she is performing essential domestic duties in his household; or
(b) for other special reasons,
the Military Board may approve of her being so regarded.
(3.) Although a person is one of a member’s family as defined in sub-regulation (1.) of this regulation, he shall be deemed not to be included in the member’s family for the purpose of this regulation if the Military Board is not satisfied that the circumstances of the member’s family justify that person being provided, at the expense of the Department, with a removal.
(4.) A person specified in paragraph (c), (d), or (e) of the definition of “family” in sub-regulation (1.) of this regulation shall not be deemed to be dependent upon the member unless—
(a) that person is wholly dependent upon the member; or
(b) the Military Board determines that in the circumstances of the case, the person, being partially dependent, should be regarded as dependent upon the member.
(5.) A reference in a provision in this Division to the furniture or effects of a member is a reference to such items of household furniture or other chattels of the members and the members of his family as the Military Board determines to be furniture or effects to and in relation to which that provision applies.
Application.
The provisions of this Division do not apply to or in relation to—
(a) a member of the Australian Regular Army serving under an initial engagement for a period of less than six years, a member of the Regular Army Supplement or a member who
is not a married member; unless the Military Board approves of the application of the provisions to and in relation to the member;
(b) a recruit with less than three months’ service;
(c) a student attending the Officer Cadet School;
(d) an army apprentice.
Removal where member posted to new locality.
112.—(1.) Subject to this Division and to such conditions as are approved by the Military Board, where a member is posted to a locality in Australia other than the locality in which his family resides and the posting is intended to be for a period of not less than twelve months, the member may be removed at the expense of the Department to the locality to which he is posted.
(2.) Where a member stationed in a capital city is posted to another part of the capital city, the Military Board may, in special circumstances, approve of his removal at the expense of the Department in order to allow the member’s family to take up residence nearer to the member’s new station.
(3.) A member is not eligible for removal under this regulation—
(a) on appointment or enlistment after a break in service where less than twelve months have elapsed since his last removal; or
(b) on a posting at his own request where less than twelve months have elapsed since his last removal, unless the Military Board so approves.
(4.) Except with the approval of the Military Board, a member is not eligible for removal under this regulation—
(a) within the period of twelve months immediately preceding the date of his attaining the retiring age for his rank; or
(b) within the period of twelve months immediately preceding the date of completion of his period of engagement for service unless the member enters into a further period of engagement for service with the Permanent Military Forces; and
(c) unless his family would have at least twelve months residence in the locality to which the member is posted during the currency of the posting.
(5.) Where a member is posted to a locality within Australia and he is not accompanied by his family—
(a) because there is no suitable accommodation available at that locality; or
(b) for domestic or medical reasons,
the member may if—
(c) his family subsequently joins him at the locality and would have at least six months’ residence there; and
(d) he is not entitled to a removal under this regulation, be paid the cost of transport of his family and personal effects to that locality.
Election for removal to proximate destination and other localities.
113.—(1.) Subject to the succeeding provisions of this regulation, where a member is eligible for a removal under the last preceding regulation and suitable accommodation for his family is not available at the locality to which he is posted, he may be granted a removal to any other place in Australia elected by him.
(2.) Where the place elected by the member under the last preceding sub-regulation is within a distance of one hundred miles from the locality to which he is posted, the removal shall be at the expense of the Department.
(3.) Where the place elected by the member under sub-regulation (1.) of this regulation is not within a distance of one hundred miles from the locality to which he is posted—
(a) so much of the cost of removal as does not exceed the cost of removal to that locality shall be at the expense of the Department; and
(b) the expense of the Department in respect of the next subsequent removal to a new locality to which the member is posted shall be limited to the cost of—
(i) removal from the place elected by the member under this regulation; or
(ii) removal from the locality to which he was previously posted, whichever is the less.
(4.) Where a member has been granted a removal under this regulation, he shall not be eligible for a further removal at the expense of the Department during the currency of his posting.
Removal of member who marries.
114.—(1.) Subject to the succeeding provisions of this regulation and to such conditions as are approved by the Military Board, where a member marries in a locality other than that in which he is posted, the cost of travel of his wife from the place of marriage to the locality in which he is posted may be at the expense of the Department.
(2.) The cost of travel under this regulation shall not be at the expense of the Department unless—
(a) it is expected that the member will remain in the locality in which he is posted for a period of not less than six months as from the date of his marriage;
(b) the member has not less than twelve months to serve under his current engagement for service or the member enters into a further engagement for service with the Permanent Military Forces; and
(c) the member is serving in a posting which would have made him eligible for removal had he been married at the time of posting.
(3.) In this regulation, “cost of travel” means the fare of the wife and the cost of freight on her personal effects and wedding gifts but excludes freight on furniture and such other articles as the Military Board determines.
Removal or termination of service.
115.—(1.) Subject to this Division, a member may be removed at the expense of the Department on the termination of his service, or during furlough or leave which immediately precedes that termination, in order to enable his family to take up residence—
(a) at the place at which the member resided immediately before commencing his service;
(b) where the expense incurred by the Department on his removal would not exceed that of his removal to the place at which he resided immediately before commencing his service—at any other place; or
(c) at any other place in Australia if the Military Board is satisfied that the member has established or intends to establish a permanent home at that other place.
(2.) Except as provided by the next succeeding sub-regulation, a member is not eligible for removal under this regulation—
(a) if his service is terminated at his own request or upon disciplinary grounds; or
(b) if his service is terminated on the ground of his invalidity and the invalidity is occasioned by his own default.
(3.) A member whose service is terminated at his own request is eligible for removal under this regulation if—
(a) he has completed not less than 20 years’ continuous service;
(b) the request is made as a result of the reorganization of a formation or unit;
(c) the period from and including the day on which his service is terminated to but not including the day on which he will attain the age for compulsory retirement does not exceed the period of furlough due to him immediately before the termination of his service; or
(d) the request is made for reasons relating to his family and he has completed not less than 3 years’ continuous service.
(4.) A member is not eligible for removal under this regulation within the period of twelve months immediately following the date of his last removal unless the Military Board approves of his removal.
(5.) Where a member’s removal under this regulation is approved, the member shall retain his eligibility for removal—
(a) if the Military Board is satisfied that a housing shortage exists in the locality to which removal is approved for a period not exceeding twelve consecutive months from the date of termination of his service; and
(b) in any other case—for a period not exceeding six consecutive months from the date of termination of his service.
Removal on death of member.
116.—(1.) Subject to this Division and to such conditions as are approved by the Military Board, where a member dies, the family of the deceased member may be removed at the expense of the Department in order to allow his family to take up residence—
(a) at the place at which the deceased member resided immediately before commencing his service as a member;
(b) where the expense incurred by the Department on the removal would not exceed that of a removal to the place at which
the deceased member resided immediately before commencing his service as a member—at any other place; or
(c) at any other place in Australia if the Military Board is satisfied that the family has established or intends to establish a permanent home at that other place.
(2.) The family of a deceased member is not entitled to be removed at the expense of the Department under the last preceding sub-regulation after the expiration of a period—
(a) if the Military Board is satisfied that a housing shortage exists in the locality to which removal is approved—of twelve consecutive months after the date of the member’s death; or
(b) in any other case—of six consecutive months after the date of the member’s death.
Removal in other circumstances.
117.—(1.) Subject to this Division and to such conditions as the Military Board determines, a member may be removed at the expense of the Department in such circumstances, being circumstances other than circumstances specified in regulation 112, 113, 114, 115 or 116 of these Regulations, as the Military Board determines.
(2.) The conditions determined by the Military Board for the purposes of the last preceding sub-regulation may include a condition that, in specified circumstances, the member shall be liable to pay a part of the expenses of the removal, being a part ascertained in accordance with a specified method.
Storage of furniture and effects.
118.—(1.) Subject to such conditions as are approved by the Military Board—
(a) where furniture and effects are to be removed at the expense of the Department under regulation 112 of these Regulations; and
(i) a residence for the member’s family is not immediately available at or in the vicinity of his new station; or
(ii) the accommodation for the member’s family at his new station is not of a size suitable for the whole of the furniture and effects; or
(b) where a member is posted oversea and passages are provided for his family to the oversea destination of the member at the expense of the Department under regulation 138 of these Regulations;
(c) where personal effects of a member’s family are transported at the expense of the Department under sub-regulation (5.) of regulation 112 of these Regulations; or
(d) where furnished married quarters as a residence for the member’s family are available at or in the vicinity of the new station,
the furniture and effects of the member, or part of the furniture and effects, as the case requires, may be stored at the expense of the Department (including packing and transport at the expense of the Department to and from the store) until a residence or suitable accommodation is obtained, the member returns from his tour of duty oversea, or until the member is posted to a new locality or until the member vacates the furnished married quarters as the case may be.
(2.) Where the furniture and effects of a member are to be removed at the expense of the Department under regulation 115, 116 or 117 of these Regulations, the furniture and effects may, if the Military Board so approves, be removed at the expense of the Department to a store in lieu of that removal.
(3.) Where a member is required to vacate married quarters in circumstances not entitling him to removal, the furniture and effects of the member may, if the Military Board so approves, be removed at the expense of the Department to the nearest available store or to premises in the locality of the married quarters.
(4.) The Department shall not be responsible for the cost of storage or of transport from the store of furniture and effects stored under this regulation—
(a) on the termination of a member’s service;
(b) within the period of twelve months immediately preceding the date of termination of a member’s service;
(c) on the death of a member; or
(d) where the furniture and effects are removed from the store for the purposes of sale.
Arrangements for removal.
119.—(1.) Subject to the next succeeding sub-regulation, a member is not eligible for removal at the expense of the Department under this Division unless he allows the Department to make the arrangements for his removal.
(2.) Where a member elects to make his own arrangements for removal and obtains three quotes for the cost of removal, the Department may pay the amount quoted in the lowest of the quotes obtained by the member or the amount which would have been incurred by the Department if the Department had made the arrangements for the transport, whichever is the less.
Reimbursement for loss or damage to furniture and effects.
120.—(1.) Subject to the next succeeding sub-regulation, where the furniture and effects of a member are removed or stored at the expense of the Department under this Division, the member shall be reimbursed for any loss or damage to the furniture and effects incurred by reasons of that removal or storage.
(2.) A member shall not be reimbursed under this regulation—
(a) where he elects to make his own arrangements for removal;
(b) where the removal or storage is covered by an insurance policy held by the member except in respect of any amount for loss or damage not recoverable under that policy for which reimbursement is authorized under this regulation;
(c) in respect of loss or damage amounting to less than Four dollars;
(d) in respect of loss or damage occasioned by the inclusion in the furniture and effects, of foodstuffs, liquids or highly inflammable materials;
(e) in respect of loss or damage not notified by the member in writing to the head-quarters of his new station within twenty-eight days of discovery of the loss or damage or of the delivery of the furniture and effects of the member, whichever is the earlier; or
(f) to the extent that the amount of the reimbursement would exceed Four thousand dollars.
Method of travel on a removal.
121.—(1.) Subject to the next succeeding sub-regulation, the method of travel for a member’s family under this Division shall be—
(a) by rail; or
(b) if rail travel is not practicable, by such other method as is approved by the Military Board.
(2.) The Military Board may allow the whole of such part of the travel as is specified by the Military Board to be by air where—
(a) travel to or from Darwin or the New Guinea area is involved;
(b) travelling for a long distance by a child of tender years is involved; or
(c) travel by air is desirable for medical or compassionate reasons.
(3.) Where the method of travel under this Division is by air, the amount of baggage which may be transported by air at the expense of the Department in addition to the baggage which the airline carries free of extra charge—
(a) in the case of travel to Darwin or the New Guinea area—is eighty pounds weight or, if the member is a married member accompanied by his family, one hundred and sixty pounds weight; and
(b) in any other case—is twenty-five pounds weight in respect of each person who has attained the age of twenty-one years.
(4.) Notwithstanding anything contained in the last preceding sub-regulation, where additional baggage is transported by air, the Department shall be responsible for so much of the cost of transport as is equivalent to the cost which would be incurred by the Department if the transport were by rail or, if rail transport is not practicable, by such other method as the Military Board determines.
(5.) Where additional baggage is transported otherwise than by air, the Department shall be responsible for so much of the cost of the transport as the Military Board determines.
Class of travel.
The family of a member travelling in the course of his removal is eligible for the class of travel, including sleeping berth accommodation where specified in the case of rail travel, specified in relation to the rank of the member in Division 9 of this Part.
Motor vehicles.
Nothing in this Division authorizes the transport at the expense of the Department of a motor vehicle in the possession of a member or his family, except that a motor vehicle in the possession of the member or, in the case of a deceased member or a member serving oversea, of his family in Australia, may be transported at the expense of the Department where—
(a) sea transport is unavoidable or it is otherwise not practicable for the vehicle to be driven on the journey;
(b) the route is such that the vehicle is likely to be damaged on the journey; or
(c) the vehicle cannot be driven on the journey due to ill health, lack of a competent driver or for any other adequate reason.