Defence Determination 2012/52, Living-In Accommodation Amendment

Defence Determination 2012/52, Living-in accommodation – amendment

I, BRIAN GARY PAULE, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 17 September 2012
BRIAN PAULE
Director General
People Policy and Employment Conditions
People Strategies and Policy Group

1 Citation

1. / This Determination is Defence Determination 2012/52, Living-in accommodation – amendment.
2. / This Determination may also be cited as Defence Determination 2012/52.

2 Commencement

This Determination commences on 25 October 201214 March 2013.

3 Amendment

Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.

4 Subclause 5.8.8.1 (Payment of charges to the Commonwealth), See

omit
Division 2 clause 7.3.19
insert
Division 4 clause 7.3.27

5 Clause 5.8.14 (Effect on allowances and contributions), table item 1

omit
clause 7.3.18
insert
clause 7.3.26

6 Subparagraph 6.1.13.b.iii (Members eligible)

substitute
iii. / The member chose under any of clauses 7.3.23, 7.5.36A, 7.5A.13 or 7.6.28A to leave their accommodation.
See: Chapter 7
Part 3 Division 3 subclause 7.3.23, Living-in accommodation on deployment – six months or longer
Part 5 Division 7 subclause 7.5.36A, Service residence on deployment
Part 5A Division 1 clause 7.5A.13, Effect on accommodation when a member is deployed
Part 6 Division 5 subclause 7.6.28A, Rent allowance on deployment

7 Subparagraph 6.3.4.1.b.iii (Private vehicles – loss on sale)

substitute
iii. / They have made a choice to vacate their accommodation under any of subclauses 7.3.23.2, 7.5.36A.2, clause 7.5A.13 or subclause 7.6.28A.2, or the CDF has decided that the member must leave the living-in accommodation under subclause 7.3.23.5.
See: Chapter 7
Part 3 Division 3 subclause 7.3.23, Living-in accommodation on deployment – six months or longer
Part 5 Division 7 subclause 7.5.36A, Service residence on deployment
Part 5A Division 1 clause 7.5A.13, Effect on accommodation when a member is deployed
Part 6 Division 5 subclause 7.6.28A, Rent allowance on deployment

8 Paragraph 6.6.32A.1.c (Removal on deployment)

substitute
c. / They meet any of the following conditions.
i. / They choose to vacate their accommodation under any of subclauses 7.3.23.2, 7.5.36A.2, clause 7.5A.13 or subclause 7.6.28A.2.
See: Chapter 7
Part 3 Division 3 subclause 7.3.23.2, Living-in accommodation on deployment – six months or longer
Part 5 Division 7 subclause 7.5.36A, Service residence on deployment
Part 5A Division 1 clause 7.5A.13, Effect on accommodation when a member is deployed
Part 6 Division 5 subclause 7.6.28A, Rent allowance on deployment
ii. / The CDF decides that a member must leave the living-in accommodation under subclause 7.3.23.5.
See: Chapter 7 Part 3 Division 1 subclause 7.3.23.5, Living-in accommodation on deployment – six months or longer

9

Paragraph 6.6.45A.1.c (Members with dependants (unaccompanied))

substitute
c. / They meet any of the following conditions.
i. / They choose to vacate their accommodation under any of subclauses 7.3.23.2, 7.5.36A.2, clause 7.5A.13 or subclause 7.6.28A.2.
See: Chapter 7
Part 3 Division 1 subclause 7.3.23, Living-in accommodation on deployment – six months or longer
Part 5 Division 7 subclause 7.5.36A, Service residence on deployment
Part 5A Division 1 clause 7.5A.13, Effect on accommodation when a member is deployed
Part 6 Division 5 subclause 7.6.28A, Rent allowance on deployment
ii. / The CDF decides that a member must leave the living-in accommodation under subclause 7.3.23.5.
See: Part 3 Division 1 subclause 7.3.23.5, Living-in accommodation on deployment – six months or longer

Subclause 6.6.62.2 (Member's home not suitable for additional dependants), See

omit
Division 1 clause 7.3.4
insert
Division 2 clause 7.3.15

Subclause 7.1.3.1 (Types of housing assistance – contributions and choices), table, description of partial rent allowance

substitute the description
Partial rent allowance / The lower rate of rent allowance payable to a member who chooses to live out under subclause 7.6.5.1, table item 7.
See: Part 6 Division 1

Clause 7.1.11 (Members without dependants), table item 1

omit the item

Clause 7.1.11 (Members without dependants), table items 4, 5 and 6

substitute
4. / 7.3.9Member who may choose to live in
See: Part 3 Division 2 / Allows members to choose to live in, if they have no suitable own home.
5. / 7.3.32.1Member exempt from contribution
See: Part 3 Division 5 / Exemption from contribution for a member living in temporarily for Service reasons.
6. / 7.3.45Contributions for accommodation ashore
See: Part 3 Division 6 / Members must pay for accommodation ashore, when their ship is in its home port.

Clause 7.1.12 (Members with dependants), table items 5, 6 and 7

substitute
5. / 7.3.8Member required to live in
See: Part 3 Division 2 / Housing for the dependants of a member who is required to live in.
6. / 7.3.9Member who may choose to live in
See: Part 3 Division 2 / Allows a member with dependants to choose to occupy living-in accommodation that is not required for another member.
7. / 7.3.32Members who do not pay to live in
See: Part 3 Division 5 / Exemption from contribution for a member living in temporarily for Service reasons.

Clause 7.1.13 (Members with dependants (unaccompanied)), table item 1

omit the item

Clause 7.1.13 (Members with dependants (unaccompanied)), table items 4 and 5

substitute
4. / 7.3.8Member required to live in
See: Part 3 Division 2 / Members who are required to live in, are also entitled to housing for their dependants.
5. / 7.3.32Members who do not pay to live in
See: Part 3 Division 5 / Members do not have to pay a contribution.

Paragraph 7.1.16.1.c (Suitable accommodation), See

omit
Part 3 Division 1 clause 7.3.11 for levels of living-in accommodation
insert
Part 3 Division 3 clause 7.3.16 for levels of living-in accommodation

Subclause 7.1.16.2 (Suitable accommodation), table items 2, 2A and 3

omitwherever occurring
Part 3 Division 1 clause 7.3.4
insertwherever occurring
Part 3 Division 3 clause 7.3.15

Chapter 7 Part 3 (Living-in accommodation)

substitute
the Part set out in the Scheduleto this Determination

Subclause 7.4.12.2 (Member required to live in), table item 1

omit
See: Part 3 Division 1 subclause 7.3.11A.2, Member required to live in – accommodation levels, table item a
insert
See:Part 3 Division 3 clause 7.3.15, Suitable living-in accommodation

Clause 7.4.26 (Rate of contribution), table item 3

omit
See: Clause 7.3.16 forcontribution rates.
insert
See:Annex 7.3.B, Rates of contribution for living-in accommodation

Subclause 7.6.5.1 (Member entitled and period of entitlement), Exception 2

omit
7.3.5
insert
7.3.8

Subclause 7.6.5.1 (Member entitled and period of entitlement), See

omit
See: Part 1 Division 3 clause 7.1.16 for the definition of suitable accommodation.
See: Division 4 clause 7.6.22, Allowance and contribution for dependant who is also a member.
insert
See:
Part 1 Division 3 clause 7.1.16 for the definition of suitable accommodation.
Part 3 Division 2 clause 7.3.8, Member required to live in
Division 4 clause 7.6.22, Allowance and contribution for dependant who is also a member

Paragraph 7.7.8.1.a (Contribution for meals not payable), See

omit
See: Part 3 Division 3.
insert
See:Part 3 Division 5, Exemptions from contribution

Clause 7.7.9 (Member who must contribute for meals), table item 3

omit
See: Clause 7.3.11, Level of living-in accommodation.
insert
See: Part 3 Division 3 clause 7.3.16, Classification of living-in accommodation by rank group and purpose

Subclause 7.8.9.3 (Contribution for utilities), See

omit
Division 3 subclause 7.3.22.2
insert
Division 5 subclause 7.3.32.2

Subclause 17.5.12.2 (Member living in), table

substitute
Item / Condition / Reference
1. / The member may choose between the following options.
a. To stay in living-in accommodation.
b. To leave living-in accommodation, and get a variety of removal and storage conditions. / Clause 7.3.23, Living-in accommodation on deployment– six months or longer
Conditions for member who chooses to stay
2. / The member may be directed to leave the living-in accommodation. The member then becomes eligible for the same conditions as a member who chose to leave. / Subclause 7.3.23.5
3. / The member does not have to pay a contribution for living in. / Clause 7.3.32
Conditions for member who chooses to leave
4. / The member may have a removal of furniture and effects to storage. / Clause 6.6.32A
5. / A member without dependants may have personal effects, a vehicle and a towable item stored at Commonwealth expense. / Item 6, subclause 6.6.46.1
6. / A member with dependants (unaccompanied) may have furniture, effects, a vehicle and a towable item stored at Commonwealth expense. / Clause 6.6.45A
7. / The member may have loss on sale of a vehicle and a towable item, unless they have chosen to put them in storage. / Subclause 6.3.4.1
8. / A member who stores their vehicle somewhere other than commercial storage may be paid vehicle allowance, or the cost of storage. / Clause 9.6.16A
9. / The member may be paid disturbance allowance for the journey from storage to living-in accommodationat the end of their deployment. / Clause 6.1.15, table item 2

Subclause 17.7.12.2 (Member living in), table

substitute
Item / Condition / Reference
1. / The member may choose between the following options.
a. To stay in living-in accommodation.
b. To leave living-in accommodation, and get a variety of removal and storage conditions. / Clause 7.3.23, Living-in accommodation on deployment– six months or longer
Conditions for member who chooses to stay
2. / The member may be directed to leave the living-in accommodation. The member then becomes eligible for the same conditions as a member who chose to leave. / Subclause 7.3.23.5
3. / The member does not have to pay a contribution for living in. / Clause 7.3.32
Conditions for member who chooses to leave
4. / The member may have a removal of furniture and effects to storage. / Clause 6.6.32A
5. / A member without dependants may have f effects, a vehicle and a towable item stored at Commonwealth expense. / Item 6, subclause 6.6.46.1
6. / A member with dependants (unaccompanied) may have furniture, effects, a vehicle and a towable item stored at Commonwealth expense. / Clause 6.6.45A
7. / The member may have loss on sale of a vehicle and a towable item, unless they have chosen to put them in storage. / Subclause 6.3.4.1
8. / A member who stores their vehicle somewhere other than commercial storage may be paid vehicle allowance, or the cost of storage. / Clause 9.6.16A
9. / The member may be paid disturbance allowance for the journey from storage to living-in accommodationat the end of their deployment. / Clause 6.1.15, table item 2

Transitional

1. / To avoid doubt, a member who was living in on the day before the commencement of this Determination is taken to have a licence to live in.
2. / The member is to acknowledge in writing that they will take strict care of the property they live in under the licence and sign a condition report as soon as practicable after the commencement of this Determination.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note to Defence Determination 2012/1 and amendments made by Defence Determinations 2012/1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51.

Note: This Determination has been amended by Defence Determination 2012/63 and 2013/4, Living-in accommodation – amendment.

SCHEDULE

Part 3: Living-in accommodation

7.3.1Overview

1. / A member may be required to live in at a barracks or similar accommodation provided by the ADF. Some members may choose to live in.
2. / This Part details who may live in, their level of accommodation, contribution, responsibilities and rights.
3. / This Part also includes rules about the following situations.
a. / When a member must live in.
See:
Division 2 clause 7.3.8, Member required to live in
Annex 7.3.A, Licence to live in
b. / When a member may choose to live in.
See:
Division 2 clause 7.3.9, Member who may choose to live in
Annex 7.3.A, Licence to live in
c. / The standard and type of living in accommodation that may be available to a member.
See: Division 3, Suitable living-in accommodation
d. / The contributions a member must make for the living-in accommodation.
See:
Division 4, Contribution for living-in accommodation
Division 5, Exemptions from contribution
e. / Special rules for members based on the condition and location of their ship or nuship.
See: Division 6,Members posted to seagoing ships and nuships

7.3.2Principles for the provision of living-in accommodation

1. / Living-in accommodation is provided to meet the operational, training and duty of care responsibilities of Defence.
2. / Members who live in are subject to the responsibilities and conditions that apply under the licence to live in provisions.
3. / Members occupying living-in accommodation make a contribution based on rank, sharing arrangements and the level of accommodation.

7.3.3Contents

This Part includes the following Divisions.
Division 1 / Licence to live in overview
Division 2 / Being required or choosing to live in
Division 3 / Suitable living-in accommodation
Division 4 / Contribution for living-in accommodation
Division 5 / Exemptions from contribution
Division 6 / Members posted to seagoing ships and nuships
Annex 7.3.A / Licence to live in
Annex 7.3.B / Rates of contribution for living-in accommodation

7.3.4Definitions

This table defines terms used in this Part.
Term / Definition in this Part
Accommodation manager / means a person responsible for managing living-in accommodation on behalf of the Department of Defence.
The person may be any of the following persons.
a. / An employee, agent, subcontractor of a contracted service provider, or person authorised to act on behalf of the contracted service provider.
b. / An ADF member or an APS employee who's duties require them to manage living-in accommodation.
Common areas / means areas inside and outside of the accommodation buildings which can be used or accessed by the member.
These areas can include, but is not restricted to, any of the following.
a. / Barbeque areas.
b. / Laundries and clothesline areas.
c. / Car parks.
d. / Common rooms.
Contracted service provider / means a body corporate, including a joint venture, that manages living-in accommodation under a contract with Defence. The contracted service provider may not actually own the property which the member lives in.
Defence / means the Commonwealth, as represented by the Department of Defence, and includes the contracted service provider, unless otherwise stated.
Key / includes an access card or a keypad access code.
Licence / is the name for the rights and responsibilities that attach to a benefit granted to the member when they are permitted to live in.
Note: A licence under this Part does not come in the form of a paper document.
Service property / has the meaning given in the purposes of the Defence Force Discipline Act 1982 and includes living-in accommodation, and any furnishings and fixtures that are in the accommodation.
Fair wear and tear / means the normal deterioration of an element of the room or building due to the ageing process and use.
Non-fair wear and tear / means the faster deterioration of an element of the room or building caused by neglect or mistreatment.

Division 1: Licence to live in overview

7.3.5What is a licence to live in?

1. / A member can be permitted to live in. This kind of permission is called a licence.
Note: A licence under this Part does not come in the form of a paper document.
See: Clause 7.3.4, Definitions, for the definition of licence.
2. / A licence to occupy living-in accommodation can be granted by the Commonwealth as represented by the Department of Defence, or by the contracted service provider that manages the accommodation that is subject to the licence.
3. / A licence to live in is granted subject to conditions that must be complied with.
Related Information: Clause 7.3.6, Conditions for licence to live in – easy guide
4. / Amember's licence to live in has the following conditions.
a. / The licence may be terminated by changes in circumstances.
Related Information:
Chapter 1 Part 5 clause 1.5.2, Change in member's circumstances
Division 2 clause 7.3.14, Revoking a licence to live in
Division 3 clause 7.3.17, Change in member's rank group
Division 3 clause 7.3.18, CDF may decide that accommodation is unsuitable
Division 4 clause 7.3.31, Failure to make contributions
b. / The licence may be varied.
Related Information:Division 3 clause 7.3.17, Change in member's rank group.
c. / The licence may be revoked, terminated or varied by changes to this Part.
5. / No compensation is payable if a licence is revoked, terminated or varied under subclause 4.

7.3.6Conditions for licence to live in – easy guide

1. / The conditions that relate to a licence to live in are described throughout this Part and Annex 7.3.A.
See:Annex 7.3.A, Licence to live in
2. / The following table provides a quick reference guide for this Part.
Item / Subject / Reference
A. / About the licence
1. / Definitions / Clauses 7.3.3 and 7.3.5
2. / Condition reports / Clause 7.3.13
3. / What is a licence to live in? / Clause 7.3.A.1
4. / Start of a licence to live in / Clause 7.3.A.6
5. / Permitted use / Clause 7.3.A.7
6. / When a licence to live in ends / Clause 7.3.A.22
7. / What happens if a member fails to comply with the licence to live in / Clause 7.3.A.24
8. / Disputes / Clause 7.3.A.25
9. / Licence to live in – Quick guide / Annex 7.3.A Part 1
10. / What happens if you don't comply with the conditions of the licence / Clause 7.3.A.5
11. / Conduct and values / Clause 7.3.A.9
B. / Member's benefits
12. / Right to own room / Clause 7.3.19
13. / Exemptions from contribution / Division 5
14. / What you get / Clause 7.3.A.2
15. / Conduct – security / Clause 7.3.A.14
16. / Access to a member's room / Clause 7.3.A.18
C. / Member's duties
17. / What you must do and not do / Clause 7.3.A.3
18. / Care of the living-in accommodation / Clause 7.3.A.8
19. / Absence from the accommodation / Clause 7.3.A.21
20. / Vacating the accommodation / Clause 7.3.A.23
21. / Conduct of visitors to your accommodation / Clause 7.3.A.17
D. / Eligibility
22. / Swapping rooms / Clause 7.3.A.19
23. / Member who can live in / Clause 7.3.7
24. / Member required to live in / Clause 7.3.8
25. / Member who may choose to live in / Clause 7.3.9
26. / Licence to live on a ship / Clause 7.3.42
27. / Accommodation on board for seagoing member / Clause 7.3.43
28. / Accommodation ashore for seagoing member / Clause 7.3.44
29. / Accommodation and contributions for seagoing member on temporary duty / Clause 7.3.47
30. / Member required to share room / Clause 7.3.19
Item / Subject / Reference
E. / Care of the property
31. / Care of the living-in accommodation / Clause 7.3.A.8
32. / Conduct – animals / Clause 7.3.A.10
33. / Conduct – damage / Clause 7.3.A.11
34. / Responsibility for living-in accommodation / Clause 7.3.12
35. / Conduct – disturbance / Clause 7.3.A.12
36. / Conduct – lighting, heating and cooking / Clause 7.3.A.13
37. / Conduct – security / Clause 7.3.A.14
38. / Conduct – smoking / Clause 7.3.A.15
39. / Conduct – vehicles / Clause 7.3.A.16
40. / Moving furniture and fittings / Clause 7.3.A.20
F. / Paying
41. / Contribution for living-in accommodation / Division 4
42. / Contributions for accommodation ashore – member without dependants / Clause 7.3.45
43. / Contribution for accommodation ashore – ship is uninhabitable / Clause 7.3.46
44. / Accommodation and contributions for seagoing member on temporary duty / Clause 7.3.47

Division 2: Being required or choosing to live in

7.3.7Member who can live in

1. / A member in one of the following groups can be granted a licence to live in.
a. / A member who must live in under clause 7.3.8.
See: Clause 7.3.8, Member required to live in
b. / A member who chooses to accept an offer of living-in accommodation under clause7.3.9.
See: Clause 7.3.9, Member who may choose to live in
c. / A member who already has suitable accommodation but chooses to live in under clause 7.3.10.
See: Clause 7.3.10, Member with suitable accommodation who chooses to live in
2. / The member must comply with the conditions listed in Annex 7.3.A.
See: Annex 7.3.A, Licence to live in

7.3.8Member required to live in