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Division 2: Being required or choosing to live in

7.4.7 Member who can live in

  1. A member in one of the following groups can be granted a licence to live in.

    1. A member who must live in under section 7.4.8.

      See: Section 7.4.8, Member required to live in

    2. A member who chooses to accept an offer of living-in accommodation under section 7.4.9.

      See: Section 7.4.9, Member who may choose to live in

    3. A member who already has suitable accommodation but chooses to live in under section 7.4.10.

      See: Section 7.4.10, Member with suitable accommodation who chooses to live in

  2. The member must comply with the conditions listed in Annex 7.4.A.

    See: Annex 7.4.A, Licence to live in

7.4.8 Member required to live in

  1. The CDF may require a member to live in for any of these reasons.

    1. The member is undertaking a training course.

    2. An operational reason, including any one or combination of the following.

      1. The member is performing as duty personnel, such as a watch keeper or sentry.

      2. The member is posted to a seagoing billet.

      3. The member is part of a deployment or exercise.

      4. The member is in an Army unit with a response notice of 28 days or less.

      5. The member is required to live in for 12 months after initial Army training.

      Note: An operational reason is an operational requirement that is lawful to impose in the circumstances.

    3. The member fills a specific position on a base.

    4. The member is under the age of 18 years and the ADF is responsible for their care while they are away from their parents or guardian.

    5. The member is the rank of Major or equivalent rank or below and is either in transit or on a short visit to the location.

  2. A member is given a licence to live in for the period that they are required to live in under subsection 1.

    Exception 1: There is no suitable living-in accommodation available.

    Exception 2: The member has not complied with the conditions in the licence to live in, under Annex 7.4.A.

    See: Annex 7.4.A, Licence to live in

    Note: If the member is required to live in to meet an operational requirement inherent in their duties but is not permitted to live in because of their failure to comply with reasonable conditions, then the member may not be able to perform their duties. This may have administrative or disciplinary consequences.

  3. A member who is eligible for housing assistance under Part 6 or Part 8 of this Chapter may keep that assistance when they are required to live in temporarily.

    See:
    Part 6, Service residences
    Part 8, Rent allowance

Persons who can make the decision under subsection 7.4.8.1 on behalf of the CDF:
Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) at the base where the member is required to live in.
Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) in the member's direct chain of command.

7.4.9 Member who may choose to live in

  1. The CDF may decide that accommodation not used for members required to live in under section 7.4.8 can be used for a member who chooses to live in.

    See: Section 7.4.8, Member required to live in

  2. A member may be eligible for a licence to live in the accommodation described in subsection 1 if they belong to any of the following categories.

    1. A member without dependants who does not have either of the following at the posting location.

      1. A suitable own home.

      2. Suitable accommodation.

        Example: A Service residence.

    2. A member with dependants (unaccompanied).

    3. A member on temporary duty away from their posting location and choosing to live in at the temporary duty location.

    4. A member with dependants travelling to a new posting before their dependants and before their permanent accommodation is available.

    5. A member whose on-board accommodation becomes uninhabitable under subsection 7.4.44.4.

      See: Division 6 subsection 7.4.44.4, Accommodation ashore for seagoing member

  3. The CDF can revoke a decision made under subsection 1 at any time, by notifying the member of one of the following decisions.

    1. That living-in accommodation is needed for a member required to live in under section 7.4.8.

      See: Section 7.4.8, Member required to live in

    2. That a member's licence to live in under this section will end on a date specified in the notice to the member.

      Example: The member has a licence to live in for 12 months. Eight months into the period, the CDF revokes the licence to live in and the notice specifies that the members licence will cease in one month.

    3. That the accommodation needs repair and is not fit for the member to live in.

Persons who can make the decisions under subsection 7.4.9.1 and subsection 7.4.9.3 on behalf of the CDF:
Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) at the base where the member is required to live in.
Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) in the member's direct chain of command.

7.4.10 Member with suitable accommodation who chooses to live in

  1. A member who meets all the following conditions is subject to subsection 2.

    1. The member is not required to live in.

    2. The member is not categorised as a member with dependants (unaccompanied).

    3. The member has suitable accommodation in the posting location.

    4. The CDF is satisfied that the member is unable to live in their suitable accommodation.

  2. A member who meets the conditions in subsection 1 may choose, in writing, to live in accommodation described in subsection 7.4.9.1. They must pay a contribution at the rate for a member on leave without pay.

    See:
    Section 7.4.9, Member who may choose to live in
    Division 4 section 7.4.27, Member on leave without pay

    Example: A member whose marriage breaks down may choose to live in while they work out arrangements for reconciliation or final separation.

    Non-example: A member cannot choose to occupy living-in accommodation if they have a suitable own home in the posting location and decide to rent it out.

  3. A member with dependants (unaccompanied) may choose to live in under section 7.4.9 regardless of any other accommodation they own in the posting location.

    See: Section 7.4.9, Member who may choose to live in

Persons who can make the decision under paragraph 7.4.10.1.d on behalf of the CDF:
Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) at the base where the member is required to live in.
Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) in the member's direct chain of command.

7.4.11 Living-in accommodation not available

If living-in accommodation is not available to a member, the member may be eligible for rent allowance under section 7.8.5.

See: Part 9 Division 1 section 7.8.5, Member eligible and period of eligibility

7.4.12 Responsibility for living-in accommodation

  1. When the member takes the key to 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.

    Note: If the member fails or refuses to give written acknowledgement that they will take strict care of the living-in accommodation, no licence to live in will be given.

    Related information: This written acknowledgement makes the member the custodian of the living-in accommodation that they occupy, for the purposes of section 68 of the Public Governance, Performance and Accountability Act 2013.

  2. To help minimise the cost of damage to living-in accommodation, a member must immediately notify an accommodation manager of any damage affecting a room they live in or use, or the common areas.

    Note: If the living-in accommodation is damaged while the member is its custodian, then the member may be required to pay the costs related to the damage as a debt to the Commonwealth, unless the member can demonstrate that reasonable steps were taken to prevent the damage.

    Example 1: The member has intentionally, carelessly or negligently caused damage to any part of the living-in accommodation. The member decides to hang a picture, while hammering in a nail the hammer goes into the wall and leaves a large hole. The member must pay for the repair to the wall.

    Example 2: The member lets a person stay in the living-in accommodation without Defence permission. The person breaks a window in the member's room. The cost of replacing the glass may be recovered from the member.

    Non-example: Damage caused by fair wear and tear.

    See: Annex 7.4.A section 7.4.A.8, Care of the living-in accommodation

    Authority: Public Governance, Performance and Accountability Act 2013

    Note: Accountable Authority Instructions includes processes for payment by instalment and debt waiver.

7.4.13 Condition reports

  1. When a member moves into living-in accommodation, the member must be given a report listing the condition of the accommodation and its contents.

  2. A member has 48 hours, or the first working day after the 48 hours, to assess the report, take either of the following actions and return the report to an accommodation manager.

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

    2. If member disagrees with all or part of the condition report - write the reason that they disagree on the report and 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 he believes the condition of the painting is different to that in the report and the reasons why. They then sign the report and return it to an accommodation manager.

  3. On receipt of the condition report, if the accommodation manager disagrees with the member's assessment of their allocated room then the following items must be placed on file with the report.

    1. Photographs of the room.

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

  4. If a member does not return the condition report within the time specified in subsection 2, it is taken that the member agrees with the condition report.

  5. The following actions must occur before the member's licence to live in ends.

    1. A member's living-in accommodation is inspected in the presence of the member or the member's agent.

    2. The inspection is to be done having regard to the condition report.

  6. The accommodation manager may waive a condition report when the member will only be in the accommodation for a short period of time.

    Note: If a condition report has been waived it is at the accommodation manager's and the member's own risk.

    Example: A member is on duty at a base in a location other than their posting location, and will occupy living-in accommodation on that base for two nights. The accommodation manager decides that the member does not need to sign a condition report for the room the member will be occupying for those two nights.

  7. A member, whose condition report has been waived under subsection 7, may request a condition report from an accommodation manager.

7.4.14 Revoking a licence to live in

  1. The CDF may, in writing, revoke a member's licence to live in for a period of no longer than three years, if the member meets any of the following circumstances.

    1. Deliberately, recklessly or negligently breaches the conditions listed in Annex 7.4.A.

      See: Annex 7.4.A, Licence to live in

    2. Fails or refuses to comply with any reasonable request or direction from an accommodation manager relating to their living-in accommodation.

    3. Fails to give notice that the living-in accommodation will be unoccupied for a period of 28 days or longer. The member may be taken to have abandoned responsibility for the accommodation.

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

      Non-example: The member is sick in hospital. The member's partner advises Defence that the member is in hospital and is unable to occupy the living-in accommodation. The member retains the accommodation.

    Exception: A member under the age of 18.

  2. In making the decision in subsection 1, the CDF must have regard to any relevant considerations, including the following.

    1. The nature and severity of any breach by the member, including any risk assessment of the effect on other members in the living-in accommodation.

      See: Section 17 of the Work Health and Safety Act 2011

    2. Any pattern of similar behaviour by the member.

    3. Whether the member is required to live in.

    4. Whether revocation would affect the member's ability to perform their duties.

    5. If any hardship is likely to be caused to the member if their licence to live in is revoked, including the availability of reasonable quality off-base accommodation.

    Example: A member accidentally damages a wall in their accommodation and does not report the damage for a week. The member has been in the living-in accommodation for two years with no other incidents occurring. The CDF takes these facts into consideration when deciding on whether or not to end the member's licence to live in.

  3. The CDF must advise the relevant contract service provider and the member's Service when a member's licence to live in has been revoked.

  4. A member whose licence has been revoked under this section is not eligible for living-in accommodation, rent allowance or a Service residence while their licence to live in is revoked.

  5. The member may seek redress of a decision to revoke a licence to live in made under this section.

Persons who can make the decisions under subsection 7.4.14.1 and subsection 7.4.14.3 on behalf of the CDF:
Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) at the base where the member is required to live in.
Commanding Officer, Officer Commanding or Executive Officer not below MAJ(E) in the member's direct chain of command.

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



Forms

Copies of forms are available on the webforms system or through the Defence Service Centre.

  • AA157, ADF application to live-in, live-out and categorisation

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Further info

Contact

Defence Housing Australia

139 342

www.dha.gov.au

Defence Service Centre

1800 DEFENCE (1800 333 362)

YourCustomer.Service@defence.gov.au