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Annex 7.4.A: Licence to live in

Part 1: Quick guide

Note: The quick guide in this Part must be read in conjunction with the information provided in Part 2 of this Annex, Conditions of licence to live in.

7.4.A.1 What is a licence to live in?

  1. Living in accommodation is made available for members of the ADF.

  2. You might be required to live in, or you might choose to.

  3. When a room becomes available for you, and you are permitted to live in it, you hold a licence to live in.

7.4.A.2 What you get

When you have a licence to live in, you get the following things.

  1. A lockable room in living-in accommodation that is suitable for your rank and situation.

    Exception: Barracks or shared accommodation may not be lockable.

  2. Access to common areas and facilities at the living-in accommodation.

  3. Privacy to use the assigned room and facilities, without unreasonable interference by Defence.

    Exception: Barracks or shared accommodation will not be private.

  4. Maintenance and repair of the living-accommodation provided in a timely manner by Defence.

7.4.A.3 What you must do and not do

  1. Your licence to live in is conditional on you complying with rules set out in this Annex.

  2. The main conditions that you must comply with are as follows.

    1. When you take the key to your living-in accommodation from the accommodation manager, you must acknowledge in writing that you will take strict care of the property that you are to live in under the licence.

    2. You must not let another person live in your room without Defence permission.

    3. Ensure that your room remains in the same condition as on the day you first live in it, other than fair wear and tear.

    4. You must not intentionally, recklessly or negligently cause damage to any part of the accommodation or common areas.

    5. You must avoid any disturbance, nuisance or annoyance to other members.

    6. You must tell Defence if you notice a hazard in your room or other part of the accommodation or common areas.

    7. You must not make any alterations to your room without written consent from Defence.

7.4.A.4 What happens if you don't comply with the conditions of the licence

These circumstances may apply if you fail to comply with the conditions in this Annex.

  1. Defence may revoke your licence and you will have to move out. You will not be eligible for rent allowance or a Service residence while the licence to live in is revoked.

  2. You might have to pay for cleaning or repairs to damage that you caused.

  3. You might have to keep contributing to the cost of the accommodation for a period, even though you have moved out.

  4. You might face disciplinary action.

Part 2: Conditions of licence to live in

7.4.A.5 Member must comply with the conditions in this form

  1. A member who is required to live in, or who chooses to, may be permitted to live in accommodation made available by Defence. That permission is the member's licence to live in.

    Note: A licence under this Annex does not come in the form of a paper document.

  2. A member of the ADF has a licence to live in when they are permitted to occupy living-in accommodation by Defence.

  3. Living-in accommodation is a benefit made available to members under section 58B of the Defence Act 1903. A licence to live in is not an agreement, tenancy or contract between a member and the Commonwealth.

    See: Part 4, Living-in accommodation

  4. This Annex sets out the conditions upon which a member is permitted to occupy and use living-in accommodation. These are conditions on the licence to live in.

  5. The conditions in Chapter 7 Part 4 do not limit the legal authority of ADF commanders to issue commands or general orders associated with the use of living-in accommodation by ADF members.

7.4.A.6 Start of a licence to live in

  1. When the member takes the key to their living-in accommodation from an accommodation manager, the member must acknowledge in writing that they will take strict care of the property they live in under the licence.

  2. The member's licence to live in commences from the day they are given the key to the room that they are permitted to live in under subsection 1.

  3. Defence may provide the member with a list of the room's contents, listing the condition of the contents and the condition of the room, fixtures and fittings. This is called a condition report.

  4. The member must return the condition report to an accommodation manager within 48 hours of receiving it, or the first working day after the 48 hours, after doing either of the following actions.

    1. Sign the condition report to show that they agree with it.

    2. If the member disagrees with all or part of the condition report - write the reason that they disagree with the contents of the report, sign it.

      Example: The member receives a report stating that the condition of the paint on the walls is good. They believe this is not true and feels that the condition of the paint is poor. The member writes on the report that they believe the condition of the painting is different to that in the report and the reasons why. The member then signs the report and returns it to Defence.

  5. Failure to return the condition report within the required period will be taken to be an implied agreement by the member of the contents of the report.

  6. Defence may decide not to provide a condition report if it is reasonable to expect that the member will only be in the accommodation for a short period of time.

  7. The member may request a condition report if Defence does not provide one.

7.4.A.7 Permitted use

  1. The licence to live in is for the member only. Only the member may use the assigned room as a private residence.

  2. Another member can only live in the room if that member is permitted by Defence to access and use it too.

    Example: This might happen if the living-in accommodation is a shared room.

  3. The member must not allow any other person to live in the room.

    Exception 1: The member is in a shared room and there is a requirement for members to share the room.

    Exception 2: An accommodation manager or a contracted service provider may permit the other person to stay in the room for a very short period of time because of exceptional circumstances.

  4. The member may use the common areas and shared amenities allocated to their rank group in the complex in which their assigned room is located.

    Exception: An accommodation manager may allow the use of other common areas and shared amenities if the ones in the complex the member has an assigned room in become unusable.

7.4.A.8 Care of the living-in accommodation

  1. The member must ensure that their assigned room remains in essentially the same condition as at the starting date, other than fair wear and tear.

    Exception: Events outside a member's control, like a flood, earthquake or cyclone.

  2. The member must comply with the following specific conditions drawn from the condition in subsection 1.

    1. The member must not make any alterations to a room they live in or use without written consent from an accommodation manager.

    2. The member must not alter, remove or add any lock or security device to or in their assigned room.

    3. The member must not mark, deface or paint a room they live in or use, common areas in the building, or the areas surrounding the building.

  3. The member must take care of the room they live in and any common areas they are permitted to use. The member must keep them in a clean and tidy condition.

  4. The member must inform an accommodation manager immediately whenever maintenance or repairs are needed. This means that if the member becomes aware of any defect in the water, gas, drainage, sewerage or electrical installations, appliances, furniture, or fittings, they must inform an accommodation manager.

  5. The member must not engage a repair person or make repairs without an accommodation manager's permission.

  6. Defence will undertake any repairs and maintenance that the member is not required to under the conditions in this section, in a reasonable time.

7.4.A.9 Conduct and values

  1. A member must comply with the conditions of conduct specified in this Annex while they live in.

  2. The member must also comply with conditions of conduct set out in any instructions made under section 10 of the Defence Act 1903 which are relevant to conduct and behaviour.

  3. Additional conditions for use of the accommodation may be set from time to time by the accommodation manager, Senior Australian Defence Force Officer or the Commanding Officer/Officer Commanding. A copy must be given to the member. The member must comply with the conditions, as long as they are lawful.

    Examples:

    1. Any standing orders issued by the Commanding Officer relating to the living-in accommodation.

    2. An accommodation handbook issued by the accommodation manager.

  4. If the member does not comply with the conditions of conduct, the CDF may revoke the licence to live in.

    See: Division 2 section 7.4.14, Revoking a licence to live in

7.4.A.10 Conduct - animals

The member must not keep animals in the living in accommodation.

7.4.A.11 Conduct - damage

  1. The member must not intentionally, recklessly or negligently cause damage to any part of the living-in accommodation, furniture, fixtures or fittings, or common areas.

  2. The member must immediately notify the accommodation manager of any damage affecting the living-in accommodation or common areas.

    See: Division 2 section 7.4.12, Responsibility for living-in accommodation

7.4.A.12 Conduct - disturbance

A member must not do any of the following

  1. Cause undue disturbance, nuisance or annoyance to other members.

    Examples: Playing loud music late at night, causing mess in common areas and failing to clean it up.

  2. Throw anything out of windows or off balconies, or place anything on outside window sills.

  3. Hang clothes, washing, equipment or other similar articles in any place not specifically provided for the purpose.

    Examples: Windows, balconies, verandas, covered ways, drives, walks, gardens, car ports, the roof.

  4. Obstruct or impair access to accommodation or common areas.

    Examples: Leaving bicycles in hallways and common areas, stacking boxes near fire exit doors.

7.4.A.13 Conduct - lighting, heating and cooking

  1. The member must not use any means of lighting, heating, or cooking in a room they live in or use, or common areas of the building, except in the place and the manner provided for by Defence in the room or building.

    Exception: The member may use appliances for additional lighting, heating and cooling and cooking if permitted by an accommodation manager.

    Examples:

    1. A member in Level 5 accommodation has a sandwich maker in a kitchenette.

    2. A member is permitted to use a lamp designed for decoration or reading.

  2. If a member triggers a false fire alarm, the member may have to pay Defence for the cost of any emergency services called out if Defence has been charged for the call out. The member's action may have caused a debt under the Public Governance, Performance and Accountability Act 2013.

    Examples:

    1. A member uses a candle and the smoke sets off the fire alarms in the building. The member must pay for the call out of the fire brigade.

    2. A member uses an open grill to cook in their room which sets off the fire alarms. The member must pay for the call out of the fire brigade.

7.4.A.14 Conduct - security

  1. The member must notify an accommodation manager as soon as possible after they become aware that an accommodation key they have been issued is lost.

  2. The member must pay Defence for the cost of replacing the key or lock, or resetting the access code.

    See: Section 68 of the Public Governance, Performance and Accountability Act 2013

7.4.A.15 Conduct - smoking

  1. The member must not smoke in any room they live in or use, or common areas of the building.

  2. If a member triggers a false fire alarm, the member may have to pay Defence for the cost of any emergency services called out if Defence has been charged for the call out. The member's action may have caused a debt under the Public Governance, Performance and Accountability Act 2013.

7.4.A.16 Conduct - vehicles

  1. Members must not keep a vehicle at the living-in accommodation if it is unroadworthy or unregistered.

    Exception: If a member's car registration expires while a member is on an overseas deployment, the car may remain at the living-in accommodation until the member registers the vehicle as soon as practicable on their return to their accommodation.

  2. Members may conduct the following activities only in areas designated by Defence for that purpose.

    1. Park vehicles.

    2. Wash vehicles.

    3. Maintain vehicles.

  3. Members must not use the living-in accommodation for vehicle storage or maintenance.

    Example: Maintenance or storage of an engine in a member's room.

    Exception: A member may be given permission from the accommodation manager to store bicycles in their accommodation when no lockable storage is provided. Permission may only be granted if it is safe to store the bicycle in the member's accommodation.

  4. A member must observe the following rules relating to neatness.

    1. The member must clean up any spills caused by the vehicle at once.

    2. The car park or parking spot must be kept in a tidy condition.

    3. Vehicle parts and engines may not be stored in a car park or parking spot.

7.4.A.17 Conduct - visitors

Visitors are not permitted to stay overnight in the living-in accommodation.

Exception 1: The Commanding Officer or accommodation manager may grant permission for a visitor to stay overnight.

Exception 2: A member may, in exceptional circumstances, be granted permission for a dependant to live with them in the living-in accommodation. The dependant becomes a member of the member's household and they must comply with the conditions set out in this Annex.

7.4.A.18 Access to a member's room

  1. The member is entitled to privacy to use the assigned room and facilities, without unreasonable interference by Defence. However, the member does not have exclusive possession of their assigned room.

  2. The Commanding Officer or a person they authorise may enter a member's assigned room for reasons of command or discipline, or in an emergency.

  3. The following arrangements apply in regard to access to a member's room.

    1. Defence or its contractors may enter the room to undertake cleaning, maintenance or repairs.

    2. Prior notice must be given to the member.

      Exceptions:

      1. In an emergency.

      2. Where it is not possible to give prior notice.

      Non-example: The member is on deployment or leave and will be absent at the time the cleaning or maintenance will be conducted. Notice has been given but the member will not receive the notice until after the maintenance has been completed.

    3. If Defence enters a room without a member's permission and not in the presence of the member, a notice advising that the room has been entered and the purpose of the entry must be affixed to the member's door (or other highly visible spot).

  4. Room inventory and condition inspections may occur at least every six months during a member's stay in living-in accommodation. An individual's room may be inspected more frequently as required by the Commanding Officer/Officer Commanding at the living-in accommodation.

    Notes:

    1. A member can choose to be present, or for an agent to be present, during inspections.

    2. If a member cannot be present during an inspection, or does not nominate an agent to be present, the member cannot prevent an inspection or maintenance from occurring.

7.4.A.19 Swapping rooms

  1. A member may apply to the accommodation manager for approval to swap their assigned room. If the approval is granted, the member is given a new licence to live in for the new room. The licence to live in for the old room ends.

  2. The member must not transfer the licence to live in to another person.

    Note: This means that living-in rooms can't be transferred by the member. Neither can the responsibility for the room and its use.

    Examples:

    1. A member cannot allow a friend to use their room and make that friend responsible for the room.

    2. A member cannot allow another member to use their room and make that member responsible for the room.

7.4.A.20 Moving furniture and fittings

  1. The member must get written permission from the accommodation manager before they remove any property, furniture or fittings (with the exception of property owned by the member) from their room to another location.

    Exception: Furniture moved from the member's room to another room on a short-term, temporary basis.

    Example to the exception: A member who takes a chair to another member's room so they can work on a joint assignment, and then returns it.

  2. The member must not remove any of the property, furniture or fittings provided for use in other rooms or common areas, such as the dining room, common room, or another living-in room to their assigned room.

    Exception: Short-term use of equipment provided for use in the member's room.

    Example to the exception: The member borrows a vacuum cleaner to clean their room and returns it on the same day.

7.4.A.21 Absence from the accommodation

  1. The member must inform the accommodation manager in writing of any period for which it is likely that the assigned room will be unoccupied for a period of 21 days or longer.

    Example: The member is going on deployment or leave.

    Exception: The member is absent for the period due to an emergency, or other situation beyond the member's control.

  2. If the member fails to give that notice, then the CDF may revoke the licence to live in under paragraph 7.4.14.1.c because the member has abandoned their responsibilities under the licence.

    See:
    Paragraph 7.4.14.1.c, Revoking a licence to live in
    Section 7.4.A.23, Vacating the accommodation, explains that a member might have to keep paying for the room if they do this.

    Note: As a courtesy, a member may inform the accommodation manager about shorter absences.

7.4.A.22 When a licence to live in ends

  1. A licence to live in ends on whichever of the following dates happens first.

    1. The day set out in a notice given to the member by Defence.

      Note: Ideally the member is given at least 21 calendar days' notice. However, Defence may end the member's permission to use the assigned room (the licence to live in) at short notice.

    2. The last day of the fixed period of the licence.

    3. The day set out in a notice that the member gives to Defence under subsection 2.

      Note: The member may have to continue making a contribution after that day, in some cases.

  2. The following table shows a member's obligations to give notice of the day that they will move out, and their contribution period.

    Member's obligations
    Item If the member... then the notice must be given... and the member's contributions end...

    1.

    has control over the removal date

    at least 21 days before the end of the licence to live in

    on the later of the following dates.

    1. The date the member is removed.

    2. 14 days after the member gives notice.

    2.

    must give notice due to Service reasons beyond the member's control

    as soon as possible

    when the member is removed.

    3.

    is deployed at short notice

  3. After the member gives notice, Defence will arrange with the member for an inspection of the member's room before the licence ends.

    Exception: The member may nominate an agent to represent them at the inspection if they are unable to attend the inspection for Service reasons.

7.4.A.23 Vacating the accommodation

  1. The member must leave their assigned room neat and tidy and in essentially the same condition as at the starting date other than fair wear and tear.

  2. The member must return their key to Defence when vacating their assigned room. Failure to return the key may result in the member continuing to pay a contribution charge for the room until the key is returned.

    Note: If the member does not return the key, the member must pay for the cost of replacing the key.

  3. The member must vacate the accommodation and remove all their possessions by the end of the day the licence to live in ends.

    Examples: The rooms they live in and use, carport, storage areas.

    Related information: Division 4 section 7.4.30, When a licence to live in ends.

7.4.A.24 What happens if a member fails to comply with this Annex

It is a condition of a member's licence to live in that the member complies with the conditions set out in this Annex. Failure to comply with the conditions could have any of the following results.

  1. Revocation of the licence to live in.

  2. Recovery of money from the member.

  3. Administrative sanction or censure.

  4. Disciplinary action under the Defence Force Discipline Act 1982.

  5. Civil legal action or criminal penalties, if the member's conduct also breaches legal or criminal standards of behaviour.

See: Division 1 section 7.4.14, Revoking a licence to live in

7.4.A.25 Disputes

  1. If the member and accommodation manager disagree with the condition of the accommodation, then the accommodation manager must place the following items on file with the condition report.

    1. Photos of the room.

    2. A signed document listing the name of the photographer, time, date and location of the photos.

  2. If the member has a concern or complaint they should first contact an accommodation manager, to see if the matter can be resolved informally.

    Example: The garbage in the common rooms is not being cleared on a regular basis and the member raises this issue with the accommodation manager.

  3. A member who is dissatisfied with the outcome from the accommodation manager may use normal Defence complaint procedures, including redress of grievance.

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



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Further info

  • Defence Housing Australia
  • Defence Instruction (General) Personnel 33-4, Management and administration of Australian Defence Force members under 18 years of age
  • Defence Instruction (General) Personnel 35-5, Defence multicultural policy
    (These documents are available on the Defence intranet or through the Defence Service Centre.)

Contact

Defence Housing Australia

139 342

www.dha.gov.au

Defence Service Centre

1800 DEFENCE (1800 333 362)

YourCustomer.Service@defence.gov.au