skip to navigation skip to content skip to footer

Division 10: Sydney apartment trial

7.6.64 Purpose

  1. This Division provides apartments for members in inner-Sydney suburbs.

    See: A list of suburbs in the trial is in Annex 7.C, 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.

7.6.65 Member 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.

  1. They are in any of the following situations.

    1. They are a member with dependants.

      Example: A member in a de facto relationship.

    2. They plan to marry within a month.

      Note: The member must provide written evidence of the planned marriage.

    3. They expect to give birth to a child within three months.

  2. They are posted to Sydney.

  3. They do not own a suitable home at their posting location.

    See: Part 2, Suitable own home

7.6.66 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.

    1. Apartments have different minimum standards to other Service residences.

      See: Section 7.6.68, Apartment minimum standards

    2. The decision to live in an apartment is a member's choice.

      See: Section 7.6.69, Member eligible for a trial apartment

    3. 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: Section 7.6.67, When an apartment is a suitable Service residence

    4. Members are committed to staying in the apartment they choose until 30 June 2014. There are some exceptions.

      See: Section 7.6.72, Leaving an apartment

  3. Section 7.6.73 sets out the other Service residence conditions that apply to a member covered by this Division.

    See: Section 7.6.73, Other Service residence conditions

  4. Apartments are not surplus Service residences.

  5. Apartments in the trial are classified by their market rent.

7.6.67 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.

  1. It is available to the member within either of the following periods.

    1. Six weeks after they arrive at the posting location.

    2. 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.

  2. It is suitable for the member and their dependants. The following factors make it suitable.

    1. It is at the member's posting location.

      See:
      Definition of posting location in Part 1 Division 3 section 7.1.15
      Chapter 1 Part 3 Division 1 section 1.3.55, Posting location - within Australia

    2. It has the classification listed for the member's rank group in the table at section 7.6.13.

      See: Division 3 section 7.6.13, 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.

Persons who can make the decisions under section 7.6.67 and subparagraph 7.6.67.a.ii on behalf of the CDF:
An employee of Defence Housing Australia who performs the duties of:

  • Team Leader in the Housing Contact Centre
  • Regional Housing Specialist in the Housing Management Centre
  • Housing Contact Centre Manager
  • Regional Director in a Housing Management Centre
  • National Housing Manager
Contract Manager Services Agreement
Assistant Contract Manager Services Agreement
Assistant Director Operations
Director Relocations and Housing

7.6.68 Apartment minimum standards

An apartment must at least include all the following amenities.

  1. Three bedrooms.

  2. Dining area.

  3. Family area.

    Note: The family and dining areas may be combined, ie not separate rooms.

  4. Kitchen.

  5. Bathroom.

  6. Toilet.

  7. Ensuite bathroom.

  8. Private laundry.

  9. Storage (lockable if not inside the apartment).

  10. Secure parking for one vehicle.

  11. Deadlocks, security doors and security screens on all ground level accessible doors and windows.

  12. Outdoor area for private use that has a minimum area of 10 square metres.

  13. Shared green-space or park area of at least 100 square metres near to the apartment.

7.6.69 Member eligible for a trial apartment

  1. A member may choose to participate in the apartment trial.

  2. This subsection 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.

    1. It is a suitable Service residence.

      See: Section 7.6.67, When an apartment is a suitable Service residence

    2. If no apartment is available at the rent band prescribed in section 7.6.13, 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 section 7.6.34.

    Example: The member accepts a Service residence by signing a tenancy agreement.

    See: Division 7 section 7.6.34, 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 eligible for the standard Service residence conditions provided elsewhere in this Part.

    Notes:

    1. This does not give a benefit to rent allowance.

    2. Rent allowance becomes available only when no suitable Service residence is available. See Division 9 section 7.6.56, No Service residence available.

    3. If a member meets the requirements of section 7.6.56 and gets rent allowance, rent allowance ceiling increases may not be available. See Part 8 Division 2 paragraph 7.8.14.1.d, Member who cannot apply for increased rent ceiling.

7.6.70 Member rejects a reasonable offer

  1. This section applies to a member who rejects a reasonable offer of an apartment.

  2. This table sets out the process for rejecting a Service residence.

    Process for rejecting a reasonable offer
    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
    1. Again writes to the Housing Management Centre Manager setting out their reasons for rejecting the apartment.
    2. 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.
    3. 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.

7.6.71 Contributions

Contributions for an apartment must be made in accordance with Division 8.

See: Division 8, Contributions

Exceptions: The following contribution conditions do not apply to members covered by this Division.

Contribution conditions that do not apply
Item Reference Subject
1. Division 8 section 7.6.42 Suspended contributions for a member without dependants
2. Division 8 section 7.6.45 Member allocated a Service residence above their rank group
3. Division 8 section 7.6.46 Member allocated a Service residence below their rank group
4. Division 8 section 7.6.47 Allocation above or below rank group eligibility – fast find table
5. Division 8 section 7.6.53 Service residence reclassified
6. Division 8 section 7.6.55 Contribution for member formerly in an amenity-based or on-base residence

7.6.72 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.

    1. The member buys a suitable own home.

      See: Division 9 section 7.6.58, Member buys a suitable own home

    2. The member becomes a member without dependants.

    3. The member is posted away from Sydney.

    4. The member dies.

      See: Division 9 section 7.6.60, Member dies

    5. 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.

    6. 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.

      1. The nature and severity of the medical issue.

      2. 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 5 Division 1 section 6.5.4, Members eligible for removal.

  2. A member may choose to leave the apartment for a reason not listed in subsection 1. If this occurs it has the following effects.

    1. The move is at the member's own expense.

    2. The member may be offered another Service residence.

    3. The member is not eligible for rent allowance unless the requirements of section 7.6.56 are met.

      See: Division 9 section 7.6.56, No Service residence available

      Related information: If a member meets the requirements of section 7.6.56 and gets rent allowance, rent allowance ceiling increases may not be available. See Part 8 Division 2 paragraph 7.8.14.1.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.

    1. The member finds apartment living not to their taste.

    2. The member has changed the number of dependants who live with them but is still a member with dependants.

Persons who can make the decision under paragraph 7.6.72.1.f on behalf of the CDF:
Director Relocations and Housing
Senior Contract Manager Relocation and Housing
An employee of Defence Housing Australia who performs the duties of:

  • Regional Housing Specialist in the Housing Management Centre
  • Housing Contact Centre Manager

7.6.73 Other Service residence conditions

  1. The following Service residence conditions may also apply to a member covered by this Division.

    Service residence conditions that may apply
    Item Reference Subject
    1. Division 1 section 7.6.3 Definitions
    2. Division 2 section 7.6.5 Classification of Service residence and rent band choice accommodation
    3. Division 2 section 7.6.6 Members with special needs dependants
    4. Division 3 Market-rent-based classification of a Service residence
    Exception: Section 7.6.12, Minimum standard for a market-rent-based classification. Apartment minimum standards are set out in section 7.6.68, Apartment minimum standards.
    5. Division 7 section 7.6.29 Member with dependants (unaccompanied) eligibility in two locations
    Exceptions: Subsections 7.6.29.2, 7.6.29.3 and 7.6.29.4 do not apply to the member.
    6. Division 7 section 7.6.32 Members with part-time contact with children
    7. Division 7 section 7.6.34 Reasons for rejecting a reasonable offer
    8. Division 7 section 7.6.36 Pet ownership
    9. Division 7 section 7.6.39 Service residence in personal location for member on deployment
    10. Division 8 See: Section 7.6.71, Contributions
    11. Division 9 section 7.6.58 Member buys suitable own home
    12. Division 9 section 7.6.59 Dependants not at the Service residence
    13. Division 9 section 7.6.60 Member dies
    14. Division 9 section 7.6.61 Member keeps a Service residence at losing location
  2. For the avoidance of doubt, the following Service residence conditions do not apply to members covered by this Division.

    Service residence conditions that do not apply
    Item Reference Subject
    1. Division 2 section 7.6.4 Suitable Service residence
    Related information: Equivalent information is in section 7.6.67, When an apartment is a suitable Service residence
    2. Division 2 section 7.6.7 Members with large number of dependants
    3. Division 4 Amenity-based classification of a Service residence
    4. Division 5 Rent band choice homes
    5. Division 7 section 7.6.28 Member with dependants eligible for a Service residence
    Related information: Equivalent information is in this Division.
    6. Division 7 section 7.6.30 Member without dependants eligible for a Service residence
    7. Division 7 section 7.6.31 Member with dependants can choose two-bedroom home
    8. Division 7 section 7.6.33 Acceptance or rejection of reasonable offer
    Related information: Equivalent information is in section 7.6.69, Member eligible for a trial apartment
    9. Division 7 section 7.6.35 Changing Service residences
    Related information: Equivalent information is in section 7.6.72, Leaving an apartment
    10. Division 7 section 7.6.37 Ineligible member can apply for surplus Service residence
    11. Division 7 section 7.6.38 Service residence for member on deployment
    12. Division 8 See: Section 7.6.71, Contributions
    13. Division 9 section 7.6.56 No Service residence available
    Related information: Equivalent information is in section 7.6.69, Member eligible for a trial apartment
    14. Division 9 section 7.6.57 Member rejects a reasonable offer
    Related information: Equivalent information is in section 7.6.70, Member rejects a reasonable offer
    15. Division 9 section 7.6.62 Rejecting a Service residence – effect on temporary accommodation allowance
    16. Division 9 section 7.6.63 Special conditions on separation – statutory appointees

Application to Reservists: Yes, on continuous full-time service.



I want to know more...

Further info

Contact

Defence Housing Australia

139 342

www.dha.gov.au

Defence Service Centre

1800 DEFENCE (1800 333 362)

YourCustomer.Service@defence.gov.au