Division 1: Accommodation

7.5A.4   Locations where accommodation under this Part is available
7.5A.5   Transitional – choice accommodation provided under this Part in Darwin
7.5A.6   Member who is eligible
7.5A.7   Member not eligible
7.5A.8   Member ceases to be eligible
7.5A.9   Members sharing accommodation
7.5A.10  Member becomes a member with dependants
7.5A.11  Storage of furniture and effects
7.5A.12  Advances and repayments
7.5A.13  Effect on accommodation when a member is deployed

7.5A.4   Locations where accommodation under this Part is available

 

Defence Housing Australia provides accommodation under this Part at the following posting locations.

 

a.

Brisbane.

 

b.

Canberra.

 

c.

Darwin.

7.5A.5   Transitional – choice accommodation provided under this Part in Darwin

1.

A member who has accommodation provided in Darwin under this Part before 1 April 2012 is taken to be eligible for a rent band under clause 7.5A.15.

See:
Division 2 clause 7.5A.15, Accommodation rent band for a member's rank – Darwin
The rent band provisions for Darwin can be found in clauses 7.5A.15, 7.5A.16, 7.5A.18 and 7.5A.20.

2.

The rent band provisions for choice accommodation in Darwin cease on 1 April 2012.

3.

Members who live in the former choice accommodation in Darwin on 1 April 2012 transfer to rent ceiling provisions under this Part.

Note: There will be no financial detriment to the members who are transferred to the rent ceiling provisions under this clause.

4.

Members who are offered accommodation in Darwin under this Part from 1 April 2012 are eligible under the rent ceiling provisions as set out in this Part, on the same basis as members in Brisbane and Canberra.

7.5A.6   Member who is eligible

 

A Defence Housing Australia decision-maker may offer a member accommodation under this Part if the member meets both these conditions.

See: Clause 7.5A.3, Definitions, for the Defence Housing Australia decision-makers

 

a.

They are a member without dependants or a member with dependants (unaccompanied).

 

b.

They are eligible for full rent allowance under Part 6 Division 1.

Note: The member does not receive rent allowance while they occupy accommodation provided under this Part.

See: Part 6 Division 1, Rent allowance

7.5A.7   Member not eligible

1.

A member is not eligible to be offered accommodation under this Part if they meet any of the following conditions.

 

a.

They are not eligible for rent allowance.

 

b.

They are only eligible for partial rent allowance.

See: Part 6 Division 1 clause 7.6.5, Member entitled and period of entitlement, table item 7

Exception: A member eligible for partial-rent allowance who lives in accommodation in Darwin provided before 1 April 2012, will be able to stay in the accommodation until the end of their tenancy agreement.

 

c.

They are a member with dependants.

Exception: They are a member with dependants (unaccompanied).

2.

A member is not eligible for accommodation under this Part if it is reasonable to expect that the member intends to share the home with any of the following people when they are offered the accommodation.

 

a.

A person who is not a member of the ADF.

 

b.

A member who is not eligible for rent allowance.

 

c.

A member who is eligible for partial-rent allowance.

See: Part 6 Division 1 clause 7.6.5, Member entitled and period of entitlement, table item 7

7.5A.8   Member ceases to be eligible

 

A member ceases to be eligible for accommodation under this Part in any of the following situations.

 

a.

They cease to be entitled to rent allowance under clause 7.6.28.

See: Part 6 Division 5 clause 7.6.28, Member moves to other suitable accommodation

 

b.

A person listed in subclause 7.5A.7.2 moves in with the member.

Exceptions:
Clause 7.5A.10, Member becomes a member with dependants
Division 3 clause 7.5A.26, How visiting members affect contributions

See: Subclause 7.5A.7.2, Member not eligible

 

c.

The member ceases continuous full-time service.

See:
Chapter 6 Part 6 Division 6, Removal on ceasing continuous full-time service
Part 6 Division 5 clause 7.6.34, Member dies

7.5A.9   Members sharing accommodation

1.

Members who are eligible for accommodation under this Part may apply to the CDF to share the accommodation.

2.

No more than two eligible members may share accommodation provided under this Part.

See:
Division 3 clause 7.5A.26, How visiting members affect contributions
Division 3 clause 7.5A.27, Contribution when one member leaves a shared home

 

Persons who can make the decision under subclause 7.5A.9.1 on behalf of the CDF:

An employee of Defence Housing Australia who performs the duties of:

-       Team Leader in the Housing Management Centre (HMC)

-       Housing Management Centre Manager

-       National Operations – Allocations Manager

Contract Manager Services Agreement

Assistant Contract Manager Services Agreement

Assistant Director Operations

Director Relocations and Housing

7.5A.10  Member becomes a member with dependants

1.

If a member who lives in accommodation provided under this Part chooses to have a partner live with them for the purpose of the recognition of an interdependent partnership, the member must take any of the following actions.

 

a.

Apply to the CDF to allow the partner to live in the accommodation.

 

b.

Relocate to a Service residence or rent allowance property at the member's own expense.

 

c.

Apply to the Director Relocations and Housing to exchange the accommodation if the property is no longer suitable.

See: Chapter 6 Part 6 Division 8 clause 6.6.62, Member's home not suitable for additional dependants

2.

If a member without dependants or a member with dependants (unaccompanied) becomes a member with dependants at the posting location, the member must take either of the following courses of action.

 

Examples: The member's spouse moves in. The member becomes a guardian to a child.

 

a.

If the accommodation is suitable for the member and their dependants the member must do either of the following.

 

i.

Apply to the CDF to allow the dependants to live in the accommodation.

 

ii.

Relocate to a Service residence or rent allowance property at the member's own expense.

 

b.

If the accommodation is not suitable for the member and their dependants, or if the application under subparagraph a.i is refused, relocate to suitable housing in the posting location.

See: Chapter 6 Part 6 Division 8 clause 6.6.62, Member's home not suitable for additional dependants

3.

If the member remains in the property with a partner or dependants the member must pay the contribution required under subclause 7.5A.16.3.

See: Division 3 subclause 7.5A.16.3, Contribution for accommodation under this Part

4.

If a member is required to relocate to new accommodation under this clause, the member has 28 days after the partner or dependants commence living in the accommodation to relocate.

5.

The CDF may approve a request from the member to remain in the accommodation past the 28 days in subclause 4 if the member is having difficulty in finding a suitable Service residence or rent allowance property.

 

Persons who can make the decisions under paragraph 7.5A.10.1.a, subparagraph 7.5A.10.2.a.ii and subclause 7.5A.10.5 on behalf of the CDF:

An employee of Defence Housing Australia who performs the duties of:

-       Team Leader in the Housing Management Centre (HMC)

-       Housing Management Centre Manager

-       National Operations – Allocations Manager

Contract Manager Services Agreement

Assistant Contract Manager Services Agreement

Assistant Director Operations

Director Relocations and Housing

7.5A.11  Storage of furniture and effects

1.

A member who lives in accommodation provided under this Part is eligible for the storage of furniture and effects that cannot be housed in the accommodation.

2.

The storage provisions which apply to the member are provided in Chapter 6 Part 6 Division 7 clause 6.6.45A or subclause 6.6.46.1.

See: Chapter 6 Part 6 Division 7
Clause 6.6.45A, Member with dependants (unaccompanied)
Subclause 6.6.46.1, table item 1, Member without dependants

7.5A.12  Advances and repayments

 

A member who accepts an offer for accommodation under this Part is not eligible to be paid the benefits provided under Part 6 Division 6.

Exception: The member may be eligible for the benefits under clause 7.6.44, Rent paid before member moves in.

See: Part 6 Division 6, Advances and repayments

7.5A.13  Effect on accommodation when a member is deployed

1.

This clause applies to a member who is deployed for six months or longer.

2.

The member may choose between the following options.

 

a.

To keep the accommodation provided under this Part for the period of the deployment.

 

b.

To leave the accommodation provided under this Part.

 

Related Information: A member who chooses to leave the accommodation provided under this Part becomes entitled to a range of removal and storage conditions. Summaries are in clauses 17.5.13 (for warlike deployments) and 17.7.13 (for non-warlike deployments).

See: Chapter 17
Part 5 Division 1 clause 17.5.13, Member living out
Part 7 Division 1 clause 17.7.13, Member living out
 

3.

The choice in subclause 2 must be in writing to the member's Defence Housing Australia Housing Management Centre Manager and made before the member is deployed.

4.

A member who fails to make a choice under subclause 2 is taken to have chosen to keep their accommodation provided under this Part.

 

PACMAN                                                             AL12 (October 2011)                             Chapter 7 – Part 5A Division 1 – 1