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Division 3: Definitions and key concepts

7.1.14 Definitions

This table defines terms used in this Chapter.

Definitions
Term Definition in this Chapter
Date of purchase The date they enter into a contract to buy their own home.
Example: The member formally exchanges contracts.
Date of sale For a member's own home, the date they enter into a contract to sell the home.
Hotel Includes a motel, boarding house or similar accommodation. It does not include a serviced apartment.
See: The definition of serviced apartment in this section.
HomeFind The electronic database and home allocation system maintained by the Defence Housing Australia.
Own home and 'ownership'
  1. The member is taken to own a home when one or a combination of these people hold an interest as an owner of the home.
    1. The member.
    2. A dependant of the member.
    3. A company, trust, partnership or joint venture that the member or their dependant hold a controlling interest or equal share in.
  2. The interest can be a controlling interest or an equal share.

  3. Example: Three members buy an equal third share in a home. They rent it out when posted out of the home's location. When one of the members returns to the home's location, the member is taken to own the home.
  4. The interest in the home may be legal or equitable.

Example 1: The member is the sole beneficiary of a trust. Their dependant is the trustee who holds the legal title. The home is still the member's because they have an equitable interest in it.
Example 2: The member's home is mortgaged to a lender. The member is still taken to own the home even though the lender also has an interest in it.
See: Part 2
Posting location See: Section 7.1.15
Rank Worn rank.
Rent A charge for a rented home for which rent allowance is payable. It includes both these charges if they apply.
  1. A charge for a garage at the home.
  2. A charge for rental of furniture or household appliances for the home.

See: Part 8 Division 4 section 7.8.19, Working out rent allowance
Rent ceiling An amount that is the maximum fortnightly rent that can be used to work out a member's rent allowance.
See:
Part 8 Division 2, Rent ceilings
Annex 7.E, Rent ceilings
Resident child carer A person who has not been recognised as a dependent for conditions of service purposes and who is living with the member's family for the purpose of providing child care for the member's dependent children.
Note: A resident child carer is not provided at Commonwealth expense. This relationship is an arrangement between the member and the child carer.
See:
Part 6 Division 2 section 7.6.8, Resident child carer, for Service residences
Part 8 Division 4 section 7.8.22, Resident child carer, for rent allowance
Service residence A home provided by the Commonwealth.
Serviced apartment Accommodation that the CDF is satisfied is a serviced apartment. The CDF must consider all these criteria.
  1. Whether it has facilities that are similar to those generally available in an apartment or flat.
  2. The level of services provided.
  3. The level of cooking and dining facilities.
Note: As a guide, these would be regarded as suitable cooking and dining facilities.
  1. A kitchen separate from bedrooms.
  2. A stove with two rings and an oven.
  3. A microwave.
  4. A suitable sized refrigerator.
  5. A sink for washing dishes, with hot water supply.
  6. A pantry or other food storage area.
  7. Enough pots, pans, cutlery and crockery for the member or dependants.
  8. A dining table and dining chairs.
Suitable accommodation See: Section 7.1.17
Utilities See: Part 10 section 7.10.2, Utilities – definition
Utility connection deposit A deposit required before water, gas or electricity services can be supplied to a home.

Persons who can make the decision under section 7.1.14, definition of serviced apartment on behalf of the CDF:
An employee of Toll Transitions who performs the duties of:

  • National Relocations Administration Services Manager
  • Regional Relocations Manager
  • Relocation Administration Services Manager
  • Senior Case Manager
Contract Manager Relocation Services
Assistant Director Operations
Director Relocations and Housing

7.1.15 Posting location

Chapter 1 Part 3 Division 1 section 1.3.55 defines the basic meaning of posting location for service within Australia. This table defines exceptions and particular cases under this Chapter. This makes sure that housing assistance is targeted at a member's home even if they are away from it.

Posting location in particular cases
Item If the member is... and the member... then their posting location is...
1. a former member rejoins the ADF where they lived just before they rejoined the ADF.
2. a member with dependants meets both these conditions.
  1. They are undergoing initial training.
  2. They are not eligible for a removal

  3. See: Chapter 6 Part 5 Division 1 for removals
where the dependants lived immediately before the member joined the ADF.
3. a member with dependants (unaccompanied) meets both of these conditions.
  1. The member was recruited from overseas.
  2. The member's dependants' first Australian home is not in the member's first posting location.
the location of the member's dependants' first Australian home.
4. a member with dependants is deployed for six months or longer either of these places.
  1. Where the dependants were last removed before the deployment.
  2. Where the dependants are given a removal to for extended family support.
5. a member with dependants meets all these conditions.
  1. They are eligible for rent allowance.
  2. They are notified of a posting to take effect within the same calendar year.
  3. They go on posting unaccompanied.
  4. The dependants continue to live in the rented home in the losing location.
where their dependants live until the end of the calendar year.
See: Part 6 Division 9 section 7.6.61, Member keeps a Service residence at losing location
6. a member with dependants (unaccompanied) is posted away from their dependants' home where their dependants live until the member stops being a member with dependants (unaccompanied).
7. a member with dependants (unaccompanied) has dependants who live in a personal location for which housing assistance benefits are not provided the location where the member is posted.
8. a member with dependants (unaccompanied) has dependants who live in a personal location for which housing assistance benefits are provided the location where the member is posted.
9. a member with or without dependants is posted to any of these locations.
  1. A seagoing vessel.
  2. A Navy aircraft squadron or a flight liable to embark on a seagoing ship
the location they are given a removal to.
See: Chapter 6 Part 5 Division 4 section 6.5.36.
10. a member with or without dependants is posted to a location in a greater area approved by the CDF under Chapter 1 Part 3 Division 1 paragraph 1.3.55.1.b whichever of these locations has the lower rent ceiling.
  1. The location where they live.
  2. The location with the highest rent ceiling where they could live if they lived within the posting location.
See: Examples below
11. A Sydney/ Holsworthy housing scheme member, described in section 7.1.16 retains housing assistance in the Sydney location Sydney.

Examples of item 10:

  1. A member is posted to Newcastle. They are given permission to live at Singleton. Their posting location extends to Singleton. They are only eligible for the rent ceiling for Singleton as it has the lower rent ceiling.

  2. A member is posted to Singleton. They are given permission to live in Newcastle. Their posting location extends to Newcastle. They are still only eligible for the rent ceiling for Singleton, as it has the lower rent ceiling.

7.1.16 Sydney/Holsworthy housing scheme member

  1. A Sydney/Holsworthy housing scheme member is a member who meets all of the following conditions.

    1. The member is in the Navy.

    2. The member is posted to 2 Commando Regiment, Holsworthy Barracks, Liverpool.

    3. The member was posted to the Sydney posting location immediately before their posting to 2 Commando Regiment.

    4. The member had a Service residence or rent allowance residence in the Sydney posting location immediately before their posting to 2 Commando Regiment, Holsworthy.

    5. The member has applied to have their posting location extended to include their current Service residence or rent allowance residence in the Sydney posting location.

    6. The CDF has decided the member has an extended posting location from Holsworthy, using the powers in section 1.3.55.

      See: Chapter 1 Part 3 Division 1 section 1.3.55, Posting location – within Australia

    7. The member is living in a location that would normally fall within the Sydney posting location.

    8. The member has given the following to the Housing Management Centre Manager for the Sydney location.

      1. A copy of the member's application for an extension of posting location.

      2. A copy of the approval.

  2. If the member moves to the Holsworthy area which does not also form part of the Sydney area, the extended posting location is revoked and the normal Holsworthy posting location applies.

7.1.17 Suitable accommodation

  1. Suitable accommodation must meet all of these conditions.

    1. It is in the member's posting location.

    2. It can accommodate the member and dependants, if any.

    3. It meets any levels or standards that depend on the rank of the member.

      Exception: A rented home or an own home.

      See:
      Part 4 Division 3 section 7.4.16 for levels of living-in accommodation
      Part 6 sections 7.6.13 and 7.6.16 for rank groups and allocation principles

    4. It is available within a reasonable time.

  2. The type of housing that is suitable also depends on the category of member, as shown in this table.

    Suitable housing
    Item If the member... then suitable accommodation may be...
    1. is a member with dependants any of the following.
    1. The member's suitable own home (see Part 2).
    2. A suitable Service residence (see Part 6).
    3. A home for which rent allowance is payable (see Part 8).
    2. is a member with dependants (unaccompanied)
    1. for the member, any of the following.
      1. Suitable living-in accommodation (see Part 4 Division 3 section 7.4.15).
      2. A rented home for which rent allowance is payable (see Part 8).
      3. A surplus Service residence (see Part 6 Division 7 section 7.6.30).
      4. Accommodation provided under Part 7.
      5. An appointment, tied or assigned Service residence under Part 6 Division 6.
    2. for the member's dependants – the accommodation that was approved as suitable for them to live in at the losing location.
    3. meets both the following conditions:
    1. The member is a member with dependants (unaccompanied).
    2. The member has dependants at a personal location for which housing assistance benefits are not provided.
    1. for the member, any of the following.
      1. Suitable living-in accommodation (see Part 4 Division 3 section 7.4.15).
      2. A rented home for which rent allowance is payable (see Part 8).
      3. surplus Service residence (see Part 6).
      4. Accommodation provided under Part 7.
    2. for the member's dependants – not applicable.
    4. is a member without dependants any of the following.
    1. The member's suitable own home (see Part 2).
    2. Suitable living-in accommodation (see Part 4 Division 3 section 7.4.15).
    3. A rented home for which rent allowance is payable (see Part 8).
    4. A surplus Service residence (see Part 6 Division 7 section 7.6.30).
    5. Accommodation provided under Part 7.
    6. An appointment, tied or assigned Service residence under Part 6 Division 6.

Application to Reservists: Yes, on continuous full-time service.



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