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By
Graham Howatt, ArFFA
Purchasing and living in one's own home is often referred to as
"the great Australian dream", but when it comes to ADF
members purchasing their own home in a current posting location
that dream can easily turn into a nightmare.
Generally
speaking, ADF home owners are expected to occupy their own home
- if it is considered to be a "suitable own home" in their
posting location - and forgo their entitlement to a Service Residence
(SR).
Members
posted to an area where they have a suitable own home would be expected
to occupy it and forgo a housing entitlement unless "the home
is subject to a residential tenancy agreement that was signed before
the member was notified in writing of the posting, and the member
makes reasonable efforts to obtain vacant possession of the home
as soon as possible after being notified of that posting; or the
CDF considers it unreasonable for the member to occupy the home,"
according to PACMAN 7.1.2 (1) (a) and (b).
That
seems reasonable. But when it comes to purchasing a property in
the same posting location and it is subject to a residential tenancy
agreement, similar conditions do not apply. That is, the property
would be considered as a suitable own home, the member would be
expected to occupy it and face eviction from their SR three months
after the date of purchase, or seven days after the property settlement,
whichever occurs first. Members may also lose their removal entitlement
from the SR to own home.
Tenancy
laws vary and despite all best efforts, vacant possession or cessation
of an existing tenancy arrangement is not always possible. It seems
ironic that the ADF assists members in purchasing their own home
by access to (limited) Defence Home Loans, the Home Purchase Assistance
Scheme (initial purchase) and ongoing assistance through the Home
Purchase and Sales Expense Allowance. Yet, when it comes to a member
purchasing a property in their current posting location, they could
find themselves thrown onto the street without a removal entitlement.
ADF
members who occupy their own homes save Defence thousands of dollars.
Surely, it would not be unreasonable to further assist potential
home buyers by allowing them to remain in their SR (at market rent
if need be) until they can take occupancy of the property purchased
and preserve their removal entitlement.
The
Federation put its position on this issue to Defence officials on
May 18.
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