DETYA Certified Agreement
Schedule 3 – Relocation Conditions and Entitlements
1. Application
1.1 These provisions apply to an eligible employee who is
relocated to a locality within Australia other than within the same city
or town in the interest of DETYA.
1.2 For purposes of these provisions,
eligible employee means an employee relocated because
of illness justified, or as a disciplinary measure, or taken to be
relocated in the interest of DETYA.
interest of DETYA means if the Secretary relocates an
employee:
(a) at level pursuant to section 25 of the Act or appointment or
promotion of a successful applicant to a Gazetted vacancy;
(b) having regard to staffing requirements;
(c) in accordance with the DETYA Mobility Policy; or
(d) where the Secretary determines that the relocation is in the
interest of DETYA.
employee with, but unaccompanied by, dependants,
means an employee who:
(a) has one or more dependants;
(b) is temporarily living without his or her dependants; and
(c) intends that 1 or more of those dependants, will later live
with the employee.
employee with dependants means an employee who has 1
or more dependants living with the employee.
employee without dependants means an employee without
dependants; or an employee with, but unaccompanied by, dependants
new locality means the locality to which the employee
is relocated
original locality means the locality where the
employee lived immediately before the movement to the locality to
which the employee is relocated.
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2. Entitlements at original locality– Settling
Out
2.1 Temporary Accommodation Assistance at
original locality
2.1.1 If prior to relocation, employees are required to vacate
their existing home in order to sell or lease it; or because of the
expiration of the lease, or after furniture and effects have been
uplifted; the employee, on application in writing to the Secretary, is
entitled to be paid Temporary Accommodation Assistance (TAA) for up to 7
days in respect of short-term accommodation (usually motels/hotels) as
follows:
(a) employee without dependants - TAA will be calculated at 100% of
the applicable relevant rate provided at clause
18.1.3.2 of this Agreement; or
(b) employee with dependants accompanying the employee - TAA will
be calculated at 150% of the applicable relevant rate provided at clause
18.1.3.2 of this Agreement.
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3. Entitlements at new locality
3.1 Settling-In
3.1.1 Entitlement and Rate of Settling-in
Assistance (SiA)
3.1.1.1 Subject to the conditions at 3.1.2 below, an eligible
employee will be entitled to be paid SiA as follows:
(a) employee without dependants - SiA will be calculated at 100% of
the applicable relevant rate provided at clause
18.1.3.2 of this Agreement; or
(b) employee with dependants accompanying the employee - SiA will
be calculated at 150% of the applicable relevant rate provided at clause
18.1.3.2 of this Agreement.
3.1.2 Period of Payment of SiA
3.1.2.1 Commencement
SiA may be paid
(a) from the date of commencing duty at a new locality; or
(b) up to 7 days before commencing duty at the new locality, for
example, where accommodation is scarce and the employee is granted
recreation leave to look for accommodation.
3.1.2.2 End period
SiA will be payable to the earlier of:
(a) the day when the employee moves into suitable
accommodation;
(b) the day when the employee moves into suitable
temporary accommodation; or
(c) for a maximum period of 6 weeks.
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3.2 Temporary Rental Assistance (TRA)
3.2.1 Application
3.2.1.1 “Eligible employee” for the purposes of clause 3.2
means an employee who owns the house at the original locality that the
employee vacated before, and because of, relocation.
3.2.1.2 Subject to 3.2.2 below, TRA may
be payable where the employee, who owns the house at the original
locality that the employee vacated before relocation, moves into and
lives in temporary accommodation under 3.1.2.2(b)
above while awaiting the availability of suitable long-term
accommodation at the new location.
3.2.1.3 The onus is on the employee to demonstrate that the
employee (including the employee’s partner or spouse) owns the house
that the employee vacated at the original locality and has placed the
house on the market with genuine intentions of selling it.
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3.2.2 Suitable accommodation
3.2.2.1 The payment of TRA is dependant upon the employee
being able to demonstrate his or her efforts to obtain suitable
accommodation. The onus is on the employee to demonstrate that he or she
is unable to secure suitable accommodation.
3.2.2.2 For purposes of this provision suitable accommodation
means accommodation which is suitable for the employee’s long term
needs having regard to reasonable domestic requirements and includes
signing a lease to rent premises.
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3.2.3 The period of payment of TRA
3.2.3.1 Commencement
The period of payment of TRA commences:
(a) the day after the end of the 6 weeks period provided under 3.1.2.2(c)
above; or
(b) the day after the eligible employee moves into suitable
temporary accommodation under 3.1.2.2(b)
above.
3.2.3.2 End period
Subject to (a) and (b) below, the maximum period, for which TRA may
be paid is 13 weeks. Payment of TRA will cease at the end of the 13th
week or when the employee moves into suitable long-term accommodation,
whichever is the earlier.
(a) The Secretary may approve a continuation of TRA up to a maximum
period of 12 months if the Secretary is satisfied that exceptional
circumstances exist and that positive efforts have been made by the
employee throughout the period to obtain suitable long-term
accommodation; or
(b) If continuation of TRA is approved under (a) above, the
Secretary will determine an appropriate rate which will not be less
than 10% of the accommodation component of the relevant rate specified
at clause 18.1.3.2.
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3.2.4 Entitlement and Rate of TRA
3.2.4.1 TRA may be payable to an eligible employee as follows:
(a) An employee who moved into suitable temporary accommodation
under 3.1.2.2(b) earlier than the 6 weeks provided
under 3.1.2.2(c), TRA may be payable for the
remainder of the maximum 6 weeks as follows:
(i) without dependants: 100% of the accommodation component of
the applicable relevant rate specified at clause
18.1.3.2 of this Agreement, or the actual rate, whichever is the
lesser; or
(ii) with dependants: 150% of the accommodation component of the
applicable relevant rate specified at clause
18.1.3.2 of this Agreement, or the actual rate, whichever is the
lesser.
(b) TRA may be payable to an employee commencing the day after the
end of the period at (a) above or the 6 weeks period provided under 3.1.2.2(c)
above:
(i) without dependants - 50% of the accommodation component of
the applicable relevant rate specified at clause
18.1.3.2 of this Agreement, or the actual rate, whichever is the
lesser; or
(ii) with dependants - 75% of the accommodation component of the
relevant applicable rate specified at clause
18.1.3.2 of this Agreement, whichever is the lesser.
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3.5 Reimbursement of bond money and utility
connection deposit
3.5.1 If an employee rents or leases temporary accommodation
in which he or she intends to live; and the employee is required to pay,
and pays, bond money; or a utility connection deposit the employee is
entitled to be paid an allowance equal to the amount of the bond money
and the utility connection deposit paid:
(a) the employee must repay to the Commonwealth the amount of the
allowance at the end of the relevant leasing period; or at the
termination of the TRA; and
(b) if the employee receives an amount of money as interest accrued
on the bond money, the employee must repay to the Commonwealth an
amount equal to the amount of the interest immediately after the
amount is received by the employee.
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4. Assistance with the costs of sale or purchase
of home
4.1 Application
4.1.1 This provision does not apply to an employee on
appointment, or who is reassigned for a specific period from a locality
to another locality not within the same town or city; and is notified in
writing before the date of effect of the reassignment that the employee
is, or will be, required to return to the original locality at the end
of the specified period.
4.1.2 An employee is not entitled for payment under these
provisions for the sale of more than one home in relation to a
relocation from a locality to another locality.
4.1.3 For the purposes of this provision, the term “home”
refers to a house or dwelling the employee (including the employee’s
partner or spouse) owns wholly or partially (including by way of a
mortgage), occupies and has a right to sell or occupy.
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4.2 Sale and purchase of home
4.2.1 Relevant period for sale and purchase
4.2.1.1 The relevant period:
(a) for sale is the period beginning on the day when
the employee receives notification in writing of the reassignment of
duties for a specified period and ending on the day 2 years after that
day; and
(b) for purchase is the period beginning on the day
when the employee receives notification in writing of the reassignment
of duties for a specified period and ending on the day 4 years after
that day.
4.2.1.2 The Secretary may extend the relevant period if the
Secretary considers it is reasonable.
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4.2.2 Entitlement to assistance
4.2.2.1 An employee is not entitled to receive assistance
associated with the sale of a home if:
(a) after the reassignment of the employee other than for a
specified period returns to, and takes up duty in, the original
locality (second reassignment); and
(b) the sale of the home at the original locality is under a
contract entered into by the employee after the date when the employee
is notified of the second reassignment.
4.2.2.2 An employee is not entitled to receive assistance
associated with purchase (including building) of a home at a new
locality if the employee:
(a) relocates to a new locality that is the original
locality;
(b) received assistance with the sale of a home at the original
locality under 4.2.3 below; and
(c) did not purchase a home at a new locality.
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4.2.3 Assistance with cost of sale
4.2.3.1 An eligible employee is entitled
to receive a payment of up to $7,000 to assist with the costs incurred
in relation to the sale of a home on production of evidence of:
(a) fees or commissions paid to an agent;
(b) if the employee did not engage an agent and has incurred
expenses in advertising the dwelling-house for sale;
(c) payments to a solicitor engaged by the employee; and
(d) costs incurred in relation to the discharge of a
mortgage.
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4.2.4 Assistance with cost of purchase
4.2.4.1 An eligible employee is entitled
to receive:
(a) on production of receipt, the employee will be entitled for the
reimbursement of the amount the employee paid for stamp duty relating
to the purchase; and
(b) a payment of up to $2,000 to assist with the costs incurred in
relation to the purchase (including building) of a home the employee
intends to occupy on production of evidence of solicitor or other
professional cost and cost incurred in relation to taking out a
mortgage or insurance.
4.2.5 Where an eligible employee can demonstrate that the
limits at clauses 4.2.3.1 and 4.2.4.1
are inadequate in their particular circumstances, the delegate may
increase the limits.
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5. Education costs assistance — within Australia
5.1 Interpretation
date of relocation means:
(a) the date when the employee began duty in the new locality; or
(b) an earlier date declared by the Secretary to be the date of
relocation.
eligible child means a dependent child of the
employee who:
(a) on the date of relocation of the employee was less than 20
years of age; was undertaking, or proposed to undertake, study as a
full-time student at a secondary school, and is not enrolled or
eligible for enrolment for a course of study at a university for a
degree or diploma; or
(b) is a child declared by the Secretary, for this provision, to
be an eligible child of the employee.
new locality, for an employee, means the locality to
which the employee has been relocated.
secondary school means a secondary school within the
meaning of section 3 of the Student Assistance Act 1973; or a
school that is declared by the Secretary to be taken to be a secondary
school.
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5.2 Boarding assistance payable following
relocation
(a) An employee is entitled to be paid boarding assistance for the
eligible child if:
(i) because of a relocation from a locality to another locality,
the employee has taken up residence in, and has relocated his or her
household to, a new locality; and
(ii) an eligible child of the employee who lived with the
employee immediately before the employee was notified of his or her
proposed relocation, has not taken up residence with the employee in
the new locality; and
(iii) the child has continued to undertake, or proposes to
continue to undertake, his or her course of secondary education at
the secondary school at which the child was enrolled, or proposed to
enrol, or at a secondary school approved by the relevant Secretary
in relation to the eligible child for this clause; and
(iv) the Secretary considers it would be impracticable, if the
eligible child were to live with the employee in the locality to
which the employee has been relocated, for the eligible child to
continue studies in his or her course of secondary education at that
secondary school.
(b) The Secretary may approve the payment of the
boarding assistance for an eligible child from a date earlier that the
employee’s date of commencement of duty at the new location if the
Secretary considers reasonable.
(c) The Secretary may approve the payment of the boarding
assistance for an eligible child who continues education at a boarding
school appropriate to the new locality including from a date earlier
that the employee’s date of commencement of duty at the new location
if the Secretary considers reasonable.
(d) The Secretary may approve the payment of boarding assistance to
an employee if:
(i) the employee was notified that it was proposed to relocate
the employee from a locality to another locality; and
(ii) the employee would have been eligible for the payment of
boarding assistance; and
(iii) the relocation of the employee was cancelled before the
employee began duty in that new locality;
in respect of an eligible child who has commenced secondary school at
a boarding establishment at the new locality.
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5.3 Amount of boarding assistance
5.3.1 The amount of boarding assistance payable to an employee
in a year for an eligible child is:
(a) subject to paragraph 5.2(b), if the child
boards and lives at the secondary school at which the child is
undertaking his or her course of secondary education—an amount equal
to so much of the amount in dollars worked out using the following
formula:
where
A is the number of weeks (not including any week, or part of
a week, before the date of relocation of the employee or during which
the secondary school is in vacation) in the year during which the
child boards and lives at the secondary school; and
B is the number of weeks in the year during which tuition is
given to secondary students at the secondary school.
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5.4 Payment of tuition assistance
5.4.1 The employee is entitled to be paid, in that year, in
addition to boarding assistance worked out under clause
5.3 above, a tuition assistance if:
(a) in a year, an employee is entitled to boarding assistance for
an eligible child who boards and lives at the secondary school at
which the child is undertaking a course of secondary education; and
(b) that secondary school is a school other than the secondary
school at which the child was enrolled, or proposed to enrol,
immediately before the employee was notified of the proposed
relocation (the previous school);
of an amount equal to so much of the amount in dollars worked out
using the following formula:
where
A is the number of weeks (not including any week, or part of
a week, preceding the date of relocation of the employee) in the year
during which the child receives tuition at the secondary school; and
B is the number of weeks in the year during which tuition is
given to secondary students at the secondary school.
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5.5 Date of cessation of assistance
5.5.1 The payment of the assistance will cease on the date
when the employee takes up residence in, or moves his or her household
to, a new locality. The Secretary may determine another date, not later
than the day next following the end of the school term that on the date
of the relocation of the employee, is the current term at the school at
which the child is enrolled.
5.5.2 The payment of the assistance will cease on the date
when the employee was notified that the proposed relocation had been
cancelled. The Secretary may determine another date, not later than the
day next following the end of the school term that on the date of the
relocation of the employee, is the current term at the school at which
the child is enrolled.
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5.6 Payment of assistance for repeated years
5.6.1 If, in any year, an eligible child repeats a year of his
or her course of secondary education, the child is, for the purposes of
payment of education assistance, taken not to be an eligible child
during that year unless the Secretary considers, having regard to the
circumstances, that its application would be unjust.
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5.7 Payment of assistance by instalments
5.7.1 Boarding assistance or tuition assistance payable to an
employee must be paid by the instalments, and on the dates as determined
by the Secretary.
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6. Assistance with Removal expenses
6.1 Interpretation
For the purposes of this provision,
"eligible employee" means an eligible
relocated employee; or an employee who is relocated by the Secretary
for a period of at least 13 weeks from a locality to another, and
includes the dependants of the employee
dependant means the spouse or partner of the employee
and a child of the employee and who are fully dependant on the
employee.
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6.2 Entitlements
6.2.1 An eligible employee is entitled to receive
reimbursement of costs incurred by the employee associated with the
removal of the furniture, motor vehicle, pets (up to a maximum of $200)
and household effects of the employee, including insurance, from the
original locality to the new locality.
6.2.2 The eligible employee must obtain three detailed quotes
from removal companies, including details of insurance cost. If the
employee is unable to obtain three quotes because of the nature of a
particular location, the employee should provide evidence.
6.2.3 Payment will be made based on the cheapest quote
obtained.
6.2.4 It is expected that the employee would drive from the
original location to the new location. In this case the employee is
entitled to be paid vehicle allowance provided at clause
18.1.4. In case of a distance exceeding 600km, the employee will be
reimbursed the cost of overnight accommodation for the employee and his
or her dependants not exceeding the relevant amount of rates provided at
clause 18.1.3.2.
6.2.5 If the Secretary is satisfied that conveyance by car
would be unreasonable or impractical in certain exceptional
circumstances the Secretary may approve payment of economy airfares.
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6.3 Assistance with removal expenses on
retirement or death
6.3.1 If an employee retires or is retired from the Service,
the Secretary may authorise the payment to the employee of the expenses
reasonably incurred by the employee for the conveyance, and the removal
of the furniture and household effects of the employee who live with the
employee, from the locality to the nearest capital city or to such other
place as the Secretary, in any particular case, determines, having
regard to the circumstances in which the employee was appointed,
transferred or promoted to, the locality where, immediately before
retirement, the employee was performing duties
6.3.2 If the family of a deceased person who was an employee
lived with the employee at the locality where, immediately before his
death or retirement, the employee was performing duty, the Secretary may
authorise the payment to a member of the employee’s family of the
expenses reasonably incurred by the member of the family for the
conveyance, and the removal of the furniture and household effects, of
the family from the locality to another place.
6.3.3 An employee who dies while on temporary transfer is, if
the employee’s family continue to live at the original locality, taken
to have been performing duty at the original locality.
Family, in relation to a deceased person, means the
persons who, immediately before the person died, were dependants of
the person.
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