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The purpose of this Part is as follows. |
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a. |
Explain when a member might have to live in. |
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b. |
Explain when a member may live out. |
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c. |
Describe the type of living in accommodation that a member might be entitled to. |
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d. |
Set out the contributions a member must make for the living-in accommodation. |
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1. |
Living-in accommodation is suitable for a member if it is in their posting location or temporary duty location and either of these conditions is met. |
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a. |
It is at a level that corresponds to the member's rank group in the table in subclause 7.3.11. |
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b. |
It is at the specific level that corresponds to the reason the member is required to live in, for their rank group, in the table under subclause 7.3.11A. |
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2. |
If suitable accommodation is not available at the level worked out for the member under clause 7.3.11A, the member may be given accommodation that is available closest to the level listed for them in the table. Example: Two members are undertaking career development training for less than six months. One member’s course lasts for two months and the other member’s course lasts for five months. There is no Level 3 accommodation available, but there is a Level 2 room and a Level 4 room. The member whose course lasts for two months is given the Level 2 room and the member whose course lasts for five months is given the Level 4 room. |
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1. |
The CDF may require a member to live in for one of these reasons. |
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a. |
The member is undertaking a training course. |
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b. |
An operational reason, including any one or combination of these. |
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i. |
The member is performing as duty personnel, such as a watchkeeper or sentry. |
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ii. |
The member is posted to a seagoing billet. |
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iii. |
The member is part of a unit deployment or exercise. |
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iv. |
The member is in an Army unit with a response notice of 28 days or less. |
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v. |
The member is required to live in for 12 months after initial Army training. |
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c. |
They fill a specific position on a base. |
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d. |
They are under the age of 18 years and the ADF is responsible for their care while they are away from their parents (if any). |
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e. |
They are below the rank of Lieutenant Colonel and are either in transit or on a short visit to the location. |
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2. |
A member who is entitled to housing assistance under Part 5 or 6 of this Chapter may keep that entitlement when they are required to live in temporarily. |
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Persons who can make the decision under clause 7.3.5 on behalf of the CDF: Commanding Officer or Officer Commanding not below MAJ(E) at the base where the member is required to live in. Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command. |
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1. |
A member who is not required to live in is not entitled to live in. Exception: This does not apply for any period when living-in accommodation is made available to them under this clause. |
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2. |
Some living-in accommodation may not be needed by members required to live in for a reason in clause 7.3.5. The CDF may decide the accommodation is not required for either of these periods. |
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a. |
12 months. |
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b. |
A fixed period of less than 12 months. |
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3. |
Despite having made a decision under subclause 2, the CDF may decide as follows. |
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a. |
That living-in accommodation is needed for a member required to live in under clause 7.3.5. |
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b. |
That a member who has chosen to live in the
accommodation will cease to be entitled to occupy it from the date that the
CDF decides it is needed for a member under p |
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4. |
A member who is not required to live in may choose, in writing, to occupy accommodation described in subclause 2.a. The member must belong to either of these categories. |
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a. |
A member without dependants who does not own a suitable own home at the posting location. |
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b. |
A member with dependants (unaccompanied). |
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5. |
A member who is not required to live in may choose, in writing, to occupy accommodation described in subclause 2.b. The member must live in the accommodation for no longer than the fixed period that the CDF has made it available for. The member must belong to either of these categories. |
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a. |
A member with dependants (unaccompanied). |
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b. |
A member who does not already have suitable accommodation in the posting location. |
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6. |
A member on temporary duty away from their posting location can choose to live in if there is living-in accommodation available at the temporary duty location. |
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Persons who can make the decisions under clause 7.3.7 on behalf of the CDF: Commanding Officer or Officer Commanding not below MAJ(E) at the base where the member is required to live in. Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command. |
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1. |
A member who meets all these conditions is subject to subclause 2. |
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a. |
They are not required to live in. |
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b. |
They are a member with dependants or a member without dependants. |
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c. |
They have suitable accommodation in the posting location. |
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d. |
The CDF is satisfied that the member is unable to live in their suitable accommodation. |
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2. |
A member who meets the conditions in subclause 1 may
choose in writing to live in accommodation described in p See: Division 2 clause 7.3.19, Member on leave without pay. |
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Example 1: A member whose marriage breaks
down may choose to live in while they work out arrangements for
reconciliation or final sep Example 2: A member who is unexpectedly required to perform late-night duty. Non-example: A member cannot choose to occupy living-in accommodation if they have a suitable own home in the posting location and decide to rent it out. |
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Persons who can make the decision under p Commanding Officer or Officer Commanding not below MAJ(E) at the base where the member is required to live in. Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command. |
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If living-in accommodation is not available to a member who chooses to live in under subclause 7.3.7, the member may be entitled to rent allowance under Part 6 Division 1 clause 7.6.5. |
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1. |
The CDF may classify living-in accommodation into levels. The CDF must consider these aspects of the living-in accommodation. |
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a. |
The size, standard and number of amenities. |
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b. |
Its age. |
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c. |
What it is built from. |
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d. |
Upgrades to it. |
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e. |
Any other factor relevant to the accommodation. |
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See also: Annex 7.H, Living-in levels. |
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Persons who can make the decision under subclause 7.3.11.1 on behalf of the CDF: Staff Officer – Housing and Accommodation Executive Officer – Relocations, Dependants and Housing Assistant Director Entitlements Director Entitlements |
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2. |
This table sets out the levels of living-in accommodation for each rank, by rank group. |
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Item |
If the member is a… |
then their rank group is... |
and they may occupy living-in accommodation at level… |
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1. |
Corporal or below |
other ranks |
1 |
2 |
3 |
4 |
5 |
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2. |
Sergeant to Warrant Officer |
senior non-commissioned officer |
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3. |
Second Lieutenant to Captain |
junior officer |
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4. |
Major and above |
senior officer |
5 |
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1. |
This clause applies to a member who is required to live in for a reason listed in the table in subclause 2. |
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2. |
A member who lives in for a reason in the table will be required to live in the corresponding level of accommodation for their rank group, if it is available. |
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Item |
If the member lives in because... |
then they may occupy living-in accommodation at this level, for their rank group... |
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1. |
they are in transit or on a short visit to the location |
any available level between 1 and 5 |
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2. |
they are on exercise or preparing for deployment |
any available level, including shared rooms, camps and tents |
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3. |
they
are a normal entry recruit or Reserve recruit during basic recruit training Related Information: Item 1 of Part 1 and
Item 1 of Part 2 of Schedule
3.B.13 to DFRT Determination No. 15 of 2008, Salaries. |
Level 1 |
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4. |
they are undertaking Navy category school training |
Level 1 |
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5. |
they are undertaking a period of initial employment training in the Infantry Corps of the Army |
Level 1 |
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6. |
they are undertaking a period of initial employment training in the Army or Air Force Exception: Infantry trainees are dealt with under item 5. |
Level 3 |
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7. |
they are undertaking career development training for less than six months |
Level 3 |
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8. |
they are undertaking officer cadet training |
Level 3 |
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9. |
they are undertaking a period of training that is more than six months Exception: This does not include training described in items 3, 4, 5, 6, 7, or 8 of the table. |
Level 5 |
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10. |
they are required to live in for a period of
more than six months for a reason listed in p |
Level 5 |
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11. |
they fill a specific position on a base for a
period of more than six months, under p |
Level 5 |
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3. |
If the level of accommodation specified in the table is not available, then the member may be provided with accommodation that is available at the level closest to that listed for the member under the table in subclause 2. |
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1. |
This clause applies to a member who is not subject to clause 7.3.11A, including a member who has chosen to live in under clause 7.3.7. |
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2. |
The member may be provided with living-in accommodation at a level that is available for their rank group under the table in subclause 7.3.11.2. |
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If a member's rank changes, the CDF may require them to move to a different rank group for living-in accommodation, under the table in subclause 7.3.11.2. Note: This will affect the rate at which the member must contribute to the cost of living-in. See: Division 2 clauses 7.3.16 and 7.3.17. |
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1. |
The CDF may decide that living-in accommodation is unsuitable for a member. The CDF must consider these factors. |
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a. |
Anything that prevents accommodation being lived in. It need not relate to the level of accommodation. Example: Flooding or fire damage. |
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b. |
Anything that makes the member's individual situation exceptional when compared with that of other members. Example: A Medical Officer who is undertaking compulsory residency at a civilian hospital. The member is on 24-hour call and unable to live in. Non-example: The member works a continuous shift roster and the other residents do not. Shift work is not exceptional in the ADF. |
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2. |
If the CDF decides that the accommodation is unsuitable, the member may be eligible for rent allowance. See: Part 6, Rent allowance |
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Persons who can make the decision under subclause 7.3.12.1 on behalf of the CDF: Commanding Officer – Navy Unit CO or Officer Commanding an independent subunit not
below the rank of MAJ (E) – Army Officer Commanding or Commanding Officer not below the rank of MAJ (E) – Air Force |
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1. |
Subject to subclause 2, a member living in will have their own room. |
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2. |
A member may be required to share when living in, if they are in one of the groups in the table. |
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Item |
A member in this group... |
may be required to share... |
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1. |
normal entry recruit or Reserve recruit during basic recruit training, in item 3 of the table in subclause 7.3.11A Related Information: Item 1 of Part 1 and Item 1 of Part 2 of Schedule B.13 to DFRT Determination No. 15 of 2008, Salaries. |
with three or more other members in a room. |
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2. |
Navy category school trainee in item 4 of the table in subclause 7.3.11A |
with between one and three other members in a room. |
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3. |
initial employment trainee in the Infantry Corps of the Army in item 5 of the table in subclause 7.3.11A |
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4. |
any member below the rank of Major |
by the CDF, when there are not enough rooms for one each. |
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Persons who can make the decision under subclause 7.3.13.2, table item 4, on behalf of the CDF: Commanding Officer or Officer Commanding not below MAJ(E) at the base where the member is required to live in. Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command. |
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1. |
This clause applies to a member who is a medical officer working at a hospital during a period of compulsory residency. |
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2. |
If the hospital makes available accommodation that they have to occupy, it is taken to be living-in accommodation. |
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Related Information: See subclause 7.3.16.5, Contribution for living-in accommodation, for rates of contribution. |
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1. |
This clause applies to a member who meets both the following conditions. |
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a. |
The member is in training as a Chaplain at a seminary or theological college. |
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b. |
The member must live in accommodation provided by the seminary or theological college. |
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2. |
The accommodation described in p |
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Related Information: See subclause 7.3.16.5, Contribution for living-in accommodation, for rates of contribution. |
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If the member purchases a suitable own home, they cannot choose to live in under clause 7.3.7. This is unless the member has been required to live in under clause 7.3.5. Note: In some cases, the home that a member purchases will not be suitable. Owning the home will not affect eligibility for living-in accommodation. See: Part 2, Suitable own home. |
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1. |
This clause applies to a member who meets all the following conditions. |
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a. |
The member is living in. |
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b. |
The member is a member without dependants or a member with dependants (unaccompanied). |
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c. |
The member is deployed for six months or longer. |
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Exception: A member who meets all the following requirements. |
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i. |
The member is deployed for a period of less than six months. |
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ii. |
While deployed, the member's deployment is extended. |
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iii. |
The total period of a member's deployment is six months or longer. |
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2. |
A member may make a choice between the following options. |
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a. |
To keep the living-in accommodation for the period of the member's deployment. |
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b. |
To leave the living-in accommodation. Related Information: A member who chooses to leave living-in accommodation becomes entitled to a range of removal and storage conditions. Summaries are in clauses 17.5.12 (for warlike deployments) and 17.7.12 (for non-warlike deployments). See: Chapter 17 |
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3. |
The choice in subclause 2 must be in writing to the member's Commanding Officer and made before the member is deployed. |
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4. |
A member who fails to make a choice under subclause
2 is taken to have chosen to keep the living-in accommodation under p |
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5. |
The CDF may decide that a member who has made a
choice under p |
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a. |
The CDF must consider the following issues. |
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i. |
Other members' need for the living-in accommodation. |
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ii. |
Maintenance and repair requirements. |
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b. |
If the CDF decides a member must leave the
living-in accommodation under this subclause, the member is to be treated as
a member who chose to leave the living-in accommodation under p |
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Persons who can make the decision under subclause 7.5.15A.5 on behalf of the CDF: Commanding Officer or Officer Commanding not below MAJ(E) in the member's direct chain of command. |
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Household insurance may
not provide cover while a member is away for long periods. Members are
advised to confirm their situation with their insurance company. |