Defence Determination 2002/14
I, SUSAN JANE PARR, Director General Personnel Policy and Employment Conditions, Defence Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 17 June 2002
S J PARR
Director General
Personnel Policy and Employment Conditions
Defence Personnel Executive
[ref311]
1Citation
This Determination is Defence Determination 2002/14, Housing assistance.
[NOTE: This Determination commences on the day on which it is made: see Defence Act 1903, subsection 58B (4).]
2Amendment
Defence Determination 2000/1, Conditions of Service, as amended,1 is amended as set out in this Determination.
3Clause 7.1.6 (Field conditions)
substitute
(1)For this Chapter, a member is living under field conditions if the member is serving away from:
(a)living-in accommodation; or
(b)a service residence; or
(c)a dwelling for which the member is entitled to rent allowance,
and the member is provided with accommodation or meals that the CDF is satisfied are substandard.
(2)For subclause (1), the CDF must have regard to the usual accommodation arrangements for a member who lives in, including mess facilities, meals and the circumstances in which meals are prepared and eaten.
4Paragraph 7.1.8 (1) (b) (Locality taken to be member’s locality of posting)
omit
the locality where the dependants live
substitute
the locality where the dependants lived immediately before the member entered the Defence Force
5Paragraph 7.1.8 (1) (c) (Locality taken to be member’s locality of posting)
omit
for a member who lives outside the locality of posting
substitute
for a member who lives in the greater area of the locality of posting described in paragraph 14.2 (1) (b)
6Clause 7.1.11 (Purpose)
after subparagraph 7.1.11 (a) (i), insert
(ia)members whose furniture and effects are in transit to their new locality of posting;
7Subclause 7.1.13 (1) (Entitlement to allowance)
substitute
(1)This clause applies to a member if:
(a)the member and any dependants are required to occupy temporary accommodation because:
(i)the member and any dependants are temporarily unable to occupy suitable accommodation; or
(ii)the member chooses in writing to purchase an own home at the locality of posting; or
(iii)the member’s furniture and effects are in transit to the locality of posting; and
(b)the circumstances in which the member and any dependants occupy the temporary accommodation do not arise through the member’s own fault, including any act or omission which results in a delay in the arrival of furniture and effects.
8Paragraph 7.1.22 (3) (m) (Application)
substitute
(m)is a member of the Reserve Forces undertaking a training commitment and is required to live in temporarily for Service reasons; or
(n)is absent from Australia on a deployment; or
(o)is temporarily occupying living-in accommodation below the standard that would be classified as level 1 accommodation under clause 7.1.25; or
(p)has been living under field conditions or on a seagoing ship — but only on and from the 22nd day of the period, even if the period after that day is broken by a return of up to 7days to the member’s accommodation.
9Subclause 7.1.22 (3A) (Application)
omit
10Subclause 7.1.24 (3) (Contribution for utilities)
substitute
(3)In spite of paragraph (2) (b), the following members must pay a contribution for utilities at the rate and for the periods that would apply if the member were required to pay a contribution for living-in accommodation:
(a)initial recruit trainees;
(b)members without dependants who are not required to pay any contribution for living-in accommodation because they are sharing with 3 or more other persons;
(c)members who temporarily occupy living-in accommodation below the standard that would be classified as level 1 accommodation under clause 7.1.25.
11Paragraph 7.1.31 (5) (c) (Entitlement to rent allowance)
substitute
(c)if paragraph (a) or (b) does not apply to the member — only level 1, level 2 or level 3 living-in accommodation is available at the member’s locality of posting.
12Clause 7.1.40 (Rent paid before occupation)
substitute
(1)A member who pays rent for a dwelling, for a period before the member occupies the dwelling, is entitled to be reimbursed if:
(a)the member will be entitled to rent allowance for the dwelling when the member and any dependants occupy the dwelling; and
(b)for Service reasons, or reasons associated with the member’s removal, the member and any dependants are unable to occupy the dwelling immediately; and
(c)rent is paid to secure the dwelling; and
(d)securing the dwelling results in an overall saving to the Commonwealth for the member’s removal.
(2)The amount of reimbursement for subclause (1) is the lesser of:
(a)the rent paid by the member for the period; and
(b)the member’s rent ceiling for the dwelling during the period.
(3)However, the period for reimbursement must not exceed:
(a)if the member’s furniture or effects are in transit or delivery is delayed, other than through the member’s own fault — 6weeks; and
(b)otherwise — 3 weeks.
13Subclause 7.1.42A (3) (Specified contribution for member without dependants)
substitute
(3)A member without dependants is not required to pay a contribution for a service residence in the following circumstances:
(a)on and from the 22nd day of a period in which the member has been living under field conditions or on a seagoing ship, even if the period after that day is broken by a return of up to 7days to his or her accommodation; or
(b)if the member is posted to a seagoing submarine; or
(c)if the member is absent from Australia on a deployment.
14Subparagraph 7.1.47 (c) (Rent contribution)
substitute
(c)for a member without dependants — nil, in the following circumstances:
(i)on and from the 22nd day of a period in which the member has been living under field conditions or on a seagoing ship, even if the period after that day is broken by a return of up to 7days to his or her accommodation; or
(ii)if the member is posted to a seagoing submarine; or
(iii)if the member is absent from Australia on a deployment; and
15Paragraph 7.1.52 (1A) (c) (Discretion to increase rent ceiling)
substitute
(c)a member with the rank of Lieutenant General or higher; or
(d)a member with the rank of Major General who rents a dwelling of a standard equivalent to a class E service residence.
16New clause 7.1.53A
after clause 7.1.53, insert
7.1.53ARent allowance for members with the rank of Major General
(1)This clause applies to a member with the rank of Major General who chooses to rent a dwelling of a standard equivalent to a class D service residence.
(2)For working out rent allowance, the member is taken to hold the rank of Brigadier.
17Clause 7.1.56 (Definition), paragraphs (a) and (b) of definition of eligible member
substitute
(a)is entitled to a service residence or rent allowance; or
(b)occupies an own home in circumstances where the member would otherwise be entitled to rent allowance.
18Clause 7.1.57 (Contribution for water)
substitute
(1)The weekly contribution for water payable by each member occupying a service residence is $3.85 divided by the number of members who occupy the residence.
(2)A member with dependants (separated) who is occupying a service residence is not required to pay a contribution for water.
Example
If two members without dependants and one member with dependants (separated) are sharing a residence, the two members without dependants each contribute one third of $3.85, but the member with dependants (separated) is not required to contribute.
19Subclause 7.2.3 (2) (Contribution for meals not payable)
substitute
(2)In spite of paragraph (1) (a), the following members must pay a contribution for meals at the rate and for the periods that would apply if the member were required to pay a contribution for living-in accommodation:
(a)initial recruit trainees;
(b)members without dependants who are not required to pay any contribution for living-in accommodation because they are sharing with 3 or more other persons;
(c)members who temporarily occupy living-in accommodation below the standard that would be classified as level 1 accommodation under clause 7.1.25.
20Part 3 of Schedule 9 (Contributions for accommodation), heading of column 4
omit
Contribution for a residence with 2 bedrooms ($ a week)
insert
Contribution for a residence with 2 bedrooms or less ($ a week)
21Part 4 of Schedule 9 (Contributions for accommodation), heading of column 2
omit
Residence with 2 bedrooms
insert
Residence with 2 bedrooms or less
22Parts 5, 6 and 7 of Schedule 9 (Contributions for accommodation), column 1
omit
Non-commissioned officer, other than Warrant Officer
insert
Sergeant or Staff Sergeant
______
NOTE
1.Defence Determination 2000/1 as amended to date. For previous amendments see Note to Defence Determination 2002/1, and see also Determinations 2002/1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13; and Determination No. 7 of 2002 made under section 58H of the Defence Act 1903.
1
EXPLANATORY STATEMENT
Defence Determination 2002/14
This Determination amends Defence Determination 2000/1, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903. Chapter7 of the Principal Determination sets out provisions dealing with housing assistance and related matters for members of the Australian Defence Force (ADF).
The purpose of this Determination is to clarify and enhance certain minor aspects of members’ housing entitlements.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
This Determination commences on the day on which it is made, as provided by subsection 58B (4) of the Defence Act 1903.
Clause 2 specifies that the amendments are made to the Principal Determination, as amended.
Clause 3 amends an interpretation provision dealing with the meaning of living under field conditions. This term is used in establishing exemptions from contributions for living-in accommodation, utility costs and meals, mainly for members without dependants. The amendment includes references to service residences and rent allowance dwellings which such members may now also occupy, in addition to living-in accommodation. The criteria for assessing whether accommodation and meals are substandard remain based on the facilities provided for members in living-in accommodation.
Clauses 4 and 5 clarify an interpretation provision (clause 7.1.8 of the Principal Determination) dealing with certain situations in which a locality is taken to be a member’s locality of posting for housing assistance purposes.
- Clause4 deals with the situation in which a member undergoing initial recruit training requires housing assistance for dependants who live elsewhere. The amendment allows assistance to be provided at the locality where the dependants lived immediately before the member joined the ADF, rather than at the locality where the dependants currently live. This confirms that the intended outcome is based on the actual situation at the time the member joined.
- Clause 5 relates to situations in which members live beyond the normal limits of their ‘locality of posting’. By default, this concept is defined in clause 14.2 of the Principal Determination to mean an area within 150 minutes return journey to work by public transport, or 30 kilometres each way by road (whichever is the greater). However, clause 14.2 allows a larger area to be treated as the locality of posting if the member’s attendance would not be adversely affected. The amendment brings clause 7.1.8 into line with these aspects of the definition of locality of posting.
Clauses 6 and 7 amend provisions dealing with entitlement to temporary accommodation allowance. This allowance was formerly provided mainly to members who are entitled to housing assistance, but who are temporarily unable to occupy suitable accommodation. Certain other limited situations involving relocation on completion of service or death are also covered. The effect of the amendments is to extend eligibility for this form of assistance to all members who are awaiting delivery of their furniture and effects to the new locality of posting, even if they are not otherwise entitled to housing assistance.
Clause 8 amends a provision listing categories of members who are not required to pay a contribution for living-in accommodation. The amendment clarifies existing circumstances in which members do not make a contribution, and introduces a new circumstance relating to the temporary occupation of living-in accommodation that is below the standard classified as level 1.
Clause 9 consequentially omits a redundant subclause which formerly exempted members from a contribution for living-in accommodation. The circumstances dealt with are now covered in the amendments made by clause 8 above.
Clause 10 recasts a provision dealing with exemption of members from paying a contribution for utilities in certain situations. Some members are not exempt, even though they do not pay a contribution for living-in accommodation. The amendment extends the requirement to pay a utilities contribution to such members during any part of a period for which they temporarily occupy living-in accommodation that is below the standard classified as level 1.
Clause 11 amends a provision which allows members without dependants and members with dependants (separated) — ie those who are unaccompanied on their current posting for service reasons — to choose to live out on the private rental market and receive rent allowance. Three cases are provided in which members may exercise this option: one based on rank, one on length of service, and one on lack of higher quality living-in accommodation at the locality of posting. For the third case, only a partial rent allowance entitlement is provided, whereas the first two cases attract the full entitlement. The amendment makes it clear that the third case only applies if the first two cases do not apply.
Clause 12 recasts a provision setting out an entitlement to reimbursement in certain circumstances for rent paid before a member occupies a privately rented dwelling. The effect of the amendment is to make it clear that the reimbursement is subject to the usual rent ceiling and is not to be reduced by deducting a rent contribution from the member. Other aspects of the provision remain the same.
Clauses 13 and 14 clarify provisions which exempt certain members from paying a contribution while occupying a service residence or privately rented dwelling, respectively. The amendments standardise the exemptions in both situations, and include a modified reference to members who are absent from Australia on a deployment (see also clause 8 above).
Clauses 15 and 16 deal with provisions setting out rent allowance entitlements for members, including the most senior officers of the ADF.
- Clause 15 modifies a provision which authorises discretionary increases in members’ rent ceilings (or upper allowance limits) for rent allowance purposes. These ceilings are based on local market rentals, but may be increased to take account of family size or unusual or sudden fluctuations in rental market conditions at the locality. Certain members (including the most senior ADF officers) are excluded from any discretionary increases. This was formerly expressed as members with the rank of Major General or higher (and equivalent ranks in the Navy and Air Force). The amendment refines this exclusion by limiting it to those with the rank of Lieutenant General or higher, and those with the rank of Major General who rent dwellings of the highest available standard.
- Majors General who choose to rent the next lower standard of dwelling thus become subject to the discretionary increases in rent ceilings if the required conditions are met. Clause 16 inserts a provision confirming that such officers are to be treated as if they were Brigadiers (to whom that lower standard of dwelling normally applies) for the purpose of working out their rent allowance entitlement.
Clause 17 clarifies and expands the definition of eligible member for reimbursement of the cost of utilities incurred by certain members. The definition applies to members with dependants (separated) and submariners who are members without dependants. The revised definition includes those who are entitled to a service residence, in addition to those who are entitled to rent allowance for a private rental.
Clause 18 revises a provision authorising payment of water contributions by members who occupy a service residence. The amendment provides that:
- members who share the residence are required to pay equal shares of the water contribution for the residence (currently $3.85 a week);
- however, members with dependants (separated) are not required to make any contribution for water in this situation, even though they are included as occupants in working out the share of the contribution payable by other members in the residence.
Clause 19 recasts a provision dealing with exemption of members from paying a contribution for meals in certain situations. Some members are not exempt, even though they do not pay a contribution for living-in accommodation. The amendment extends the requirement to pay a meal contribution to such members during any part of a period for which they temporarily occupy living-in accommodation that is below the standard classified as level 1.
Clauses 20 and 21 make a minor change to similar column headings of two tables in a Schedule setting out the contributions payable for service residences and privately rented dwellings that are subject to rent allowance. The amendment has the effect of including both one- and two-bedroom dwellings in the types of residences to which those columns apply.
Clause 22 clarifies a reference to certain non-commissioned ranks in three Parts of the same Schedule. These amendments do not affect members’ entitlements.
Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to review of their merits under the ADF redress of grievance system, and on appeal to the Defence Force Ombudsman.
Authority:Section 58B of the
Defence Act 1903
1