15District allowance

15 District allowance

(1) Salary includes an allowance (a district allowance) payable to a person by reason of the fact that the person is required to perform duties in a particular district in Australia or in an external Territory, subject to this section. (2) Salary includes a district allowance only on the condition that during the period of the person’s long service leave: (a) the person remains in the district in respect of which the allowance is payable; or (b) if the person is absent from the district, the person’s spouse, de facto partner or family remains in the district during any part of the period that the person is absent from the district. (3) Where: (a) a district allowance is payable at a particular rate, or in accordance with a particular scale of rates, in the case of persons: (i) who are stationed at, or required to perform duty at, and to reside in, an established camp in the district; or (ii) who are required, as members, whether regular or otherwise, of a camping party, to camp in the district elsewhere than at an established camp; and at another rate, or in accordance with another scale of rates, in the case of other persons who are stationed at, and reside in, the district; and (b) the person is in receipt of that allowance at the rate, or in accordance with the scale of rates, applicable in the case of persons referred to in subparagraph (a)(i) or (ii) of this subsection; the district allowance is included in the salary of the person to the extent only that it would be included if the person were stationed at, and residing in, the district but was not residing in an established camp in the district, or camping, as a member of a camping party, in the district elsewhere than at an established camp, as the case may be. (4) In this instrument:

child, of a person means:

(a) an adopted child, a stepchild or an exnuptial child of the person; or
(b) someone who is a child of the person within the meaning of the Family Law Act 1975.

de facto partner has the meaning given by the Acts Interpretation Act 1901 (see section 2D of that Act).

family, of a person, includes the following:

(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the person;
(b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the person.