Defence Determination 2012/35, Service Residences Amendment

Defence Determination 2012/35, Service residences – amendment

I, BRIAN GARY PAULE, Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 29 June 2012
BRIAN PAULE
Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2012/35, Service residences – amendment.
2. / This Determination may also be cited as Defence Determination 2012/35.

2 Commencement

This Determination commences on 2 July 2012.

3 Amendment

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

4 Paragraph 7.5.1.1.a (Overview), See

omit
Division 6, Rent band choice homes
insert
Division 6, Rent band choice homes
Division 11, Sydney apartment trial

5 Clause 7.5.2 (Contents)

after the entry for Division 10, insert
Division 11 / Sydney apartment trial

6 Clause 7.5.3 (Definitions), definition of market rent

substitute
Market rent / A rent based on the assessed value of the Service residence.
For the Sydney apartment trial, it is a rent assessed by Defence Housing Australia.
See: Division 3

7 Clause 7.5.4 (Suitable Service residence)

after clause 7.5.4, insert
Exception: Clause 7.5.67, When an apartment is a suitable Service residence sets out suitable residence requirements for the Sydney apartment trial

8 Paragraph 7.5.6.2.d (Members with special needs dependants)

after paragraph 7.5.6.2.d, insert
e. / Whether the modifications are permitted by the property owner and any relevant body corporate.

9

Clause 7.5.12 (Minimum standard for a market-rent-based classification)

after clause 7.5.12, insert
Exception: Clause 7.5.68, Apartment minimum standards, provides alternative standards for members who choose an apartment as part of the Sydney apartment trial.

Clause 7.5.26 (Member living in rent band choice home below their rank group)

after clause 7.5.26, insert

7.5.26A Transfer to Sydney apartment trial

1. / This clause applies if both the following conditions are met.
a. / A member is living in a rent band choice home in a Sydney suburb listed in
Annex 7.A2A.
See: Annex 7.A2A, Sydney apartment trial suburbs
b. / The home is an apartment that meets the apartment minimum standards set for the Sydney apartment trial.
See: Division 11 clause 7.5.68, Apartment minimum standards
2. / The member is taken to be part of the Sydney apartment trial. The member is taken not to be living in a rent band choice home.
See: Division 11, Sydney apartment trial

Subparagraph 7.5.33.2.c.ii (Reasons for rejecting a reasonable offer)

omit
laws
insert
laws or body corporate rules

Chapter 7 Part 5 Division 10 (End of entitlement to live in a Service residence)

after Division 10, insert the Division in the schedule
Division set out in Schedule 1

Paragraph 7.6.14.1.d (Member who cannot apply for increased rent ceiling)

after paragraph 7.6.14.1.d, insert
e. / A member who meets all the following conditions.
i. / The member has chosen to be part of the Sydney apartment trial.
See: Part 5 Division 11, Sydney apartment trial
ii. / The member has rejected a reasonable offer of an apartment in the trial.
iii. / No suitable Service residence was available for the member.
See: Part 5 Division 10 clause 7.5.56, No Service residence available
iv. / The member is entitled to rent allowance for a property in a suburb listed in Annex 7.A2A.
See: Annex 7.A2A, Sydney apartment trial suburbs
f. / A member who meets all the following conditions.
i. / The member occupied an apartment in the Sydney apartment trial.
See: Part 5 Division 11, Sydney apartment trial
ii. / The member left the apartment before 30 June 2014 at their own expense.
See: Part 5 Division 11 clause 7.5.72, Leaving an apartment
iii. / The member is entitled to rent allowance for a property in a suburb listed in Annex 7.A2A.
See: Annex 7.A2A, Sydney apartment trial suburbs

Annex 7.A2 (Regional rent bands)

after Annex 7.A2, insert
Annex set out in Schedule 2
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 and 34.

SCHEDULE 1

Division 11: Sydney apartment trial

7.5.64Purpose

1. / This Division provides apartments for members in inner-Sydney suburbs.
See: A list of suburbs in the trial is in Annex 7.A2A, Sydney apartment trial suburbs.
2. / Apartments allow more members to have accommodation within a reasonable commuting distance of their workplace.
Note: Sydney apartments are being trialled for two years commencing 2 July 2012. If the trial is successful the scheme may be extended.

7.5.65Member this Division applies to

For a member to be eligible for accommodation under this Division they must meet a condition from all the following paragraphs.
a. / They are in any of the following situations.
i. / They are a member with dependants.
Example: A member in a de facto relationship.
ii. / They plan to marry within a month.
Note: The member must provide written evidence of the planned marriage.
iii. / They expect to give birth to a child within three months.
b. / They are posted to Sydney.
c. / They do not own a suitable home at their posting location.
See: Part 2, Suitable own home

7.5.66 Overview

1. / Apartments included in the trial are deemed to be Service residences.
2. / Nevertheless, many Service residence conditions outlined in this Part do not apply to apartments. This is a general summary of the differences.
a. / Apartments have different minimum standards to other Service residences.
See: Clause 7.5.68, Apartment minimum standards
b. / The decision to live in an apartment is a member's choice.
See: Clause 7.5.69, Member eligible for a trial apartment
c. / The normal number of bedroom rules do not apply to apartments. Members must decide whether three bedrooms are enough to suit their personal circumstances.
See: Clause 7.5.67, When an apartment is a suitable Service residence
d. / Members are committed to staying in the apartment they choose until 30 June 2014. There are some exceptions.
See: Clause 7.5.72, Leaving an apartment
3. / Clause 7.5.73 sets out the other Service residence conditions that apply to a member covered by this Division.
See: Clause 7.5.73, Other Service residence conditions
4. / Apartments are not surplus Service residences.
5. / Apartments in the trial are classified by their market rent.

7.5.67 When an apartment is a suitable Service residence

An apartment is a suitable Service residence for a member if the CDF considers that it meets both the following conditions.
a. / It is available to the member within either of the following periods.
i. / Six weeks after they arrive at the posting location.
ii. / A longer period that the CDF considers reasonable.
Note: Members are required to occupy a suitable Service residence as soon as possible after arrival in their posting location.
b. / It is suitable for the member and their dependants. The following factors make it suitable.
i. / It is at the member's posting location.
See:
Definition of posting location in Chapter 7 Part 1 Division 3 clause 7.1.15.
Chapter 1 Part 3 Division 1 clause 1.3.52, Posting location – within Australia.
ii. / It has the classification listed for the member's rank group in the table at
clause 7.5.13.
See: Division 3 clause 7.5.13, Rent band for a member's rank group
Note: There is no requirement that an apartment in the trial has a prescribed number of bedrooms for the member's dependants. A member who believes a three-bedroom apartment is the wrong size for their dependants may choose not to be in the trial.

7.5.68Apartment minimum standards

An apartment must at least include all the following amenities.
a. / Three bedrooms.
b. / Dining area.
c. / Family area.
Note: The family and dining areas may be combined, ie not separate rooms.
d. / Kitchen.
e. / Bathroom.
f. / Toilet.
g. / Ensuite bathroom.
h. / Private laundry.
i. / Storage (lockable if not inside the apartment).
j. / Secure parking for one vehicle.
k. / Deadlocks, security doors and security screens on all ground level accessible doors and windows.
l. / Outdoor area for private use that has a minimum area of 10 square metres.
m. / Shared green-space or park area of at least 100 square metres near to the apartment.

7.5.69Member eligible for a trial apartment

1. / A member may choose to participate in the apartment trial.
2. / This subclause applies if a member chooses to participate in the trial but there is no apartment available for them. The member may be offered another type of Service residence.
3. / Defence Housing Australia may offer a member an apartment. The offer is reasonable if it meets both the following conditions.
a. / It is a suitable Service residence.
See: Clause 7.5.67, When an apartment is a suitable Service residence
b. / If no apartment is available at the rent band prescribed in 7.5.13, it is in the rent band above or below the prescribed rent band.
4. / To continue to be eligible for housing assistance, the member must either accept a reasonable offer or reject it in writing for a reason in clause 7.5.33.
Example: The member accepts a Service residence by signing a tenancy agreement.
See: Division 7 clause 7.5.33, Reasons for rejecting a reasonable offer
Note: Members are advised to carefully consider their family needs and plans. They should accept an apartment that will meet their current and future needs.
5. / A member who rejects an offer of an apartment may be made an offer of another apartment. No more than three offers may be made under the apartment trial.
6. / A member who rejects an apartment remains entitled to the standard Service residence conditions provided elsewhere in this Part.
Notes:
1. This does not give an entitlement to rent allowance.
2. Rent allowance becomes available only when no suitable Service residence is available. See Division 10 clause 7.5.56, No Service residence available.
3. If a member meets the requirements of clause 7.5.56 and gets rent allowance, rent allowance ceiling increases may not be available. See Part 6 Division 2 paragraph 7.6.14.1.d , Member who cannot apply for increased rent ceiling.

7.5.70 Member rejects a reasonable offer

1. / This clause applies to a member who rejects a reasonable offer of an apartment.
2. / This table sets out the process for rejecting a Service residence.
Stage / Who / Description
1. / Member / Chooses to be part of the apartment trial.
2. / Defence Housing Australia / Makes a reasonable offer of an apartment to the member.
3. / Member / Views the apartment on HomeFind or inspects it in person and considers it unsuitable.
4. / Member / Writes to the Housing Management Centre Manager setting out their reasons for rejecting the apartment.
Note: The member must give reasons in writing to the Housing Management Centre Manager. They must do so by 1700 hours on the first working day after they view the apartment.
5. / Defence Housing Australia / Offers the member another apartment. Up to a total of three apartment offers can be made, if they are available.
6. / Member / a. / Again writes to the Housing Management Centre Manager setting out their reasons for rejecting the apartment.
Note: The member must give reasons in writing to the Housing Management Centre Manager. They must do so by 1700 hours on the first working day after they view the apartment.
b. / The member has left the apartment trial.
7. / Housing Management Centre Manager / Makes a reasonable offer of another type of Service residence to the member.

7.5.71 Contributions

Contributions for an apartment must be made in accordance with Division 9.
See: Division 9, Contributions
Exceptions: The following contribution conditions do not apply to members covered by this Division.
Item / Reference / Subject
1. / Division 9, clause 7.5.43A / Suspended contributions for a member without dependants
2. / Division 9, clause 7.5.46 / Member allocated a Service residence above their rank group
3. / Division 9, clause 7.5.47 / Member allocated a Service residence below their rank group
4. / Division 9, clause 7.5.48 / Allocation above or below rank group eligibility – fast find table
5. / Division 9, clause 7.5.54 / Service residence reclassified
6. / Division 9, clause 7.5.55A / Contribution for member formerly in an amenity-based or on-base residence

7.5.72 Leaving an apartment

1. / A member must vacate an apartment in any of the following situations.
Note: The member may be given time to vacate. These rules can be found in the cross references.
a. / The member buys a suitable own home.
See: Division 10 clause 7.5.58, Member buys a suitable own home
b. / The member becomes a member without dependants.
c. / The member is posted away from Sydney.
d. / The member dies.
See: Division 10 clause 7.5.60, Member dies
e. / There are serious safety or security concerns if the member stays at the Service residence.
Example: The home's foundations are unstable after an earthquake.
f. / The CDF determines that the member must leave the apartment because the member or their dependant has a serious medical need to leave. The CDF must consider the following criteria.
i. / The nature and severity of the medical issue.
ii. / How the medical issue is affected by the member's accommodation.
Related Information: A Commonwealth removal is available in these situations. See Chapter 6 Part 6 Division 1 clause 6.6.4, Members entitled to removal.
2. / A member may choose to leave the apartment for a reason not listed in subclause 1. If this occurs it has the following effects.
a. / The move is at the member's own expense.
b. / The member may be offered another Service residence.
c. / The member is not entitled to rent allowance unless the requirements of
clause 7.5.56 are met.
See: Division 10 clause 7.5.56, No Service residence available.
Related Information: If a member meets the requirements of clause 7.5.56 and gets rent allowance, rent allowance ceiling increases may not be available. See Part 6 Division 2 paragraph 7.6.14.1.e, Member who cannot apply for increased rent ceiling.
Examples: Examples of situations when the Commonwealth will not pay for a removal include the following.
a. / The member finds apartment living not to their taste.
b. / The member has changed the number of dependants who live with them but is still a member with dependants.

7.5.73 Other Service residence conditions