Division 3: Loss or damage to possessions overseas

The purpose of this Division is to provide an amount for any lost or damaged possessions during an overseas posting. This is only if the loss or damage is directly caused by a specified event.

This Division applies to all of the following.

1. A member (including a member on Reserve service) on a long-term posting overseas.

2. Dependants living with the member overseas.

For this Division, possessions means any of the following.

1. Items approved for removal to an overseas posting location under this Determination.
2. Items approved for removal to another residence at the overseas posting, or back to Australia, under this Determination.
3. Food, beverages and other household consumable goods.
4. Private vehicles.

_{Note: Loss or damage to a member's clothing or effects used for service is provided under Chapter 10 Part 4.}

1. Members are eligible for help if their possessions are lost or damaged as a result of any of the following specified events.
   
   1. War.
   2. Civil disorder.
   3. Natural disaster.
   4. Another similar event.
2. All of the following must apply.
   
   1. The member meets any of the following.
      
      1. The member fully insured the possessions, but was unsuccessful claiming from the insurer despite reasonable attempts.
      2. The member was unable to obtain appropriate insurance at a reasonable cost to cover the possessions in the circumstances in which they were lost or damaged.
   2. The member took reasonable steps to avoid the loss or damage.
   3. The member assigns to the Commonwealth the right to recover the loss or damage from an insurer or another person. The member also takes all necessary steps to help the Commonwealth with its claim.
3. The member is eligible for an amount the CDF considers reasonable in the circumstances. In assessing the amount, the CDF must consider all of the following.
   
   1. The nature and extent of the possessions lost or damaged.
   2. The amount that an insurer would pay to the member for loss or damage.
   3. Any professional valuation of the loss or damage.
   4. The estimated residual value of the possessions. This must take into account both of the following.
      
      1. The initial cost.
      2. The estimated amount of depreciation.
   5. Any other factor relevant to the loss or damage.
4. The payment must be reduced if all of the following are met.
   
   1. The member has not insured the possessions, or has underinsured them.
   2. The CDF considers that it would have been reasonable to fully insure them against the event that caused the loss or damage.
5. The amount must be reduced by the amount the member could reasonably expect to have been paid by an insurer, if the goods had been adequately covered.

1. A member is eligible for one of the following amounts if their private vehicle is lost or damaged as a result of an event specified in subsection 14.6.21.1.
   1. If their private vehicle is lost — the estimated residual value of the vehicle immediately before the loss occurred.
   2. If their private vehicle is damaged — the difference between estimated residual values, both before and after the damage.
2. This is how to work out the estimated residual value of the member's vehicle.
   
   1. Find out how much the member paid to buy the vehicle.
   2. Subtract an amount of depreciation the CDF assesses as reasonable in the circumstances.
3. When assessing the amount of depreciation, the CDF must consider all of the following.
   
   1. The criteria set out in subsection 14.6.21.4.
   2. The type and cost of the vehicle bought by the member.
   3. The age of the vehicle when bought, and the period the member owned the vehicle.
   4. The rate of depreciation that would usually occur on a similar vehicle at the member's posting location.
   5. The estimated cost of repairing any defects to the vehicle.
   6. The insured value of the vehicle.
   7. Any other factor relevant to the member's ownership of the vehicle.

1. The CDF can direct that a member's possessions are presumed lost on a specific date.
2. The CDF must consider all of the following.
   
   1. The circumstances in which the member ended or interrupted a long-term posting and left the posting location.
   2. The nature of the possessions abandoned by the member at the location, and their condition and value at that time.
   3. The likelihood that the member may be able to recover the possessions in a reasonable condition for use.
   4. The likelihood of the member resuming the posting or returning to the location.
   5. Any other factor relevant to the member's loss of possessions.
3. The CDF is not to give the direction in subsection 1 unless the member assigns the possessions to the Commonwealth.