7.2.10 Purpose
7.2.11 Member
required to live in tied or appointment residence
7.2.12 CDF may
decide a member's home is unsuitable
7.2.13 Member's
home is outside the posting location
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This Division sets out when a member's suitable own home may cease to be suitable. This may create an entitlement to housing assistance under Part 3, 5 or 6 of this Chapter. |
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1. |
This clause applies to a member who is required by their Service to occupy a particular Service residence. Example: A tied residence. See: Part 5 Division 4 clauses 7.5.16 to 18. |
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2. |
The member cannot live in their own home at the posting location during the period they are required to occupy the particular Service residence. |
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The CDF may decide that it is unreasonable for a member to live in a home that they own for one of these reasons. |
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a. |
There are not enough bedrooms for the member's dependants. Example: The member has more dependants than when they last lived in the home. |
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b. |
The dependant has medical needs that the home cannot meet, even if reasonable modifications are made. Example: A child in a wheelchair may not be able to access a second-floor apartment if the only entrance is by a staircase. The member would not be expected to install a lift. Non-example: A child with severe allergy to dust mites may be able to live in a home if the member removes the carpet or gets a special vacuum cleaner. |
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c. |
The member's marriage has broken down and all these conditions are met. |
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The member's spouse or interdependent partner lives in the home. |
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ii. |
The member can show they are unable to live in the home. |
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iii. |
The member is not receiving rent for the home from their spouse. |
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iv. |
A final property settlement has not been made. |
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Example: A member could show this using these documents. |
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a. |
Statutory decl |
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b. |
Family Court orders (including consent orders). |
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c. |
Letters from the |
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d. |
... |
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e. |
The home was advertised for sale before the member was posted to the location but has not been sold by the time the posting commences. |
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f. |
The home is uninhabitable for reasons beyond the member's control. Example: The member's home is damaged by fire and is uninhabitable. The member then becomes entitled to a removal at Commonwealth expense to alternative suitable accommodation. Related Information: Clause
6.6.24, Removal between residences in the posting location |
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2. |
The CDF must not make a decision under subclause 1. if satisfied that the primary reason that the member has applied for a decision under subclause 1. is that the member has arranged for work to be done on the home. Example: The member's suitable home continues to be suitable when the member decides to remove the carpet and install polished flooring instead. |
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The CDF may revoke a decision made under subclause 1.e. if satisfied that the member is not making reasonable attempts to sell the home. |
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Persons who can make the decision under clause 7.2.12 on behalf of the CDF: A person not below WO2(E)/APS 4 who is: - Team Leader in the Housing Management Centre (HMC) - Relocations Manager in the Housing Management Centre - Housing Management Centre Manager - National Operations Removals Manager - National Operations Vacancy/Allocations Manager - National Relocations Manager Staff Officer Housing and Accommodation Executive Officer Relocations, Dependants and Housing Assistant Director Entitlements Director Entitlements |
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1. |
Normally, a member's own home is not a suitable own home if it is outside the posting location. However, a member may own a home that is outside the normal posting location. See: |
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2. |
If subclause 1 applies, then the CDF may approve the greater posting location for the member. The CDF must be satisfied that the extra travel time will not affect the member's attendance for duty. Exception: A home in a greater posting
location that has been purchased with See: |
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3. |
If the CDF does not approve the greater posting location and the member's own home is outside the usual posting location, then the home will be unsuitable. See: Division 1 clause 7.2.5, Suitable own home. |
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4. |
If a member's home is unsuitable because it is outside the posting location, then these conditions will apply. |
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a. |
The member is not entitled to housing assistance for a Service residence that is the same or a greater distance from the place of duty as the member's own home. |
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b. |
The member is not entitled to rent allowance for a property that is the same or a greater distance or travelling time away from the place of duty as the member's own home. |
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Persons who can make the decisions under clause 7.2.13 on behalf of the CDF: Director/Commanding Officer/Officer Commanding not below MAJ(E)/APS 6 in the members direct chain of command or supervision |