Mr Robert MP asked the Minister for Defence Personnel, in writing, on 11 March 2010: In respect of the Defence Home Ownership Assistance Scheme, whereby members who do not complete 20 days of effective Reserve service within the financial year may apply to the relevant Director General Personnel for an exemption based on special circumstances:

1. what factors determine ‘special circumstances’;
2. to 10 March 2010, how many Reservists had applied for an exemption, and how many of these had been approved or denied; and
3. for each application, can he indicate the nature of the ‘special circumstances’.

Mr Griffin – The answer to the honourable member’s question is as follows:

1. Regulation 20 (Deemed effective service – exceptional circumstances) of the Defence Home Ownership Assistance Scheme Regulations 2008 (DHOAS Regulations) provides that circumstances which are taken to be ‘exceptional’ include, but are not limited to:
1. The member has had an extended period of illness or injury that prevents the member from performing their effective service;
2. service has been performed but, as a result of a defective decision, is not recognised as service.
The Explanatory Statement to the DHOAS Regulations explains that a defect in a member’s appointment, enlistment or transfer, which may be corrected at a later time, may leave some uncertainty on whether a member has completed effective service. The member may have grounds to apply for their service to be deemed effective.The Explanatory Memorandum provides that in circumstances when a Reserve member’s illness is long and serious enough to prevent the member from serving for an entire service year, the member may also apply for deemed effective service.The Explanatory Memorandum states that there would be no exceptional circumstance when a Reserve member is simply not offered service, or where the member is not offered service because the member has applied to serve in a rank or employment category for which the member is not qualified or competent to serve.
2. 36 Reservists applied; 29 were approved; six denied; and one not proceeded with by the member.
3. The nature of the ‘special circumstances’ for each application is as follows:
   1. Medical/Health Eight members were deemed effective for medical/health reasons.
   2. Death of serving members

      The partners of two deceased members were approved deeming in respect of the deceased member’s service for the year in which the member died, because of service performed by the members prior to their deaths.

   3. Mandatory Training/Scholarships/Civilian employment

      Six members were deemed effective on grounds of mandatory training requirements; overseas studies; or civilian employment commitments. One of these members applied for service to be deemed effective for more than one financial year and was approved for part of the period requested.

   4. Posting Orders/Training Cancellations

      Four members were deemed to have provided effective service for the following reasons: changes to posting order; accompanying spouse (permanent member) on overseas posting; cancelled training; cancelled unit parade days.

   5. Service History Discrepancy

      One member was deemed to have provided effective service on recognition of a discrepancy in service history data. The member had applied to have more than one financial year deemed effective and was approved for part of the period requested.

   6. Administrative Error

      Eight members of the Reserve Forces were deemed effective on grounds of an administrative error relating to notification of their service obligations during financial year 2008-09.

   7. Not Proceeded with Application

      One member sought consideration for ineffective service to be deemed effective on grounds of specific service requirements. However, the member had decided not to proceed with his application.

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