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Division 9: End of eligibility to live in a Service residence

7.6.56 No Service residence available

No suitable Service residence may be available for a member who is eligible under section 7.6.28. In this case, the member may be eligible for rent allowance.

See:
Division 7 section 7.6.28, Member with dependants eligible for a Service residence
Part 8, Rent allowance

7.6.57 Member rejects a reasonable offer

  1. This section applies to a member who rejects a reasonable offer of a Service residence.

  2. This table sets out the process for rejecting a Service residence and getting decisions reviewed.

  3. The process can be used before other reviews of administrative decisions. This includes the redress of grievance review available under the Defence Force Regulations 1952.

    Process for rejecting a Service residence
    Stage Who Description
    1. Defence Housing Australia Makes a reasonable offer of a Service residence to the member.
    2. Member Views the residence on HomeFind or inspects it in person and considers it unsuitable.
    3. Member Writes to the Housing Management Centre Manager setting out their reasons for rejecting the home.
    Note: The member must give reasons in writing to the Housing Management Centre Manager. They must do so by 1700 hours on the first working day after they view the Service residence.
    4. Housing Management Centre Manager Considers the member's rejection of the home. The Manager may make either of these decisions.
    1. The offer made to the member was not a reasonable offer.
    2. The offer made to the member was a reasonable offer.
    5. Housing Management Centre Manager Notifies the member of the decision in writing.
    Outcomes:
    1. For decision 4.a — the process ends. The member goes back on the Service residence waiting list or becomes eligible for rent allowance, if another Service residence is not available.
    2. For decision 4.b — the process continues from stage 6.
    6. Defence Housing Australia Offers the home to the member again.
    Exception: The house is offered to another member who accepts it within one month of the rejection in stage 3. The member who rejected the house may go back on the Service residence waiting list or get rent allowance. This process then ends.
    7. Member
    1. Accepts the offer
    2. Outcome: The process ends.
    3. Rejects the offer again.
    4. Outcome: The member is removed from the Service residence waiting list and is not eligible for rent allowance while they remain in this posting location. Temporary accommodation allowance ends under section 7.6.62.
      Exception: The house is offered to another member who accepts it within one month of the rejection in stage 3. The member who rejected the house may go back on the Service residence waiting list or get rent allowance.
    5. Rejects the offer again and appeals in writing against the decision under stage 4.b. Stage 8 takes place.
    8. CDF Considers the member's rejection of the home and notifies the member of their decision in writing. The CDF may make either of these decisions.
    1. The offer made to the member was not a reasonable offer.
    2. Outcome: The member goes back on the Service residence waiting list or becomes eligible for rent allowance, if another Service residence is not available.
    3. The offer made to the member was a reasonable offer.
    4. Outcome: The member's eligibility for a Service residence ends. Temporary accommodation allowance ends under section 7.6.62. Rent allowance ends for this posting.

Persons who can make the decision under subsection 7.6.57.3, stage 8, on behalf of the CDF:
Contract Manager Services Agreement
Assistant Contract Manager Services Agreement
Assistant Director Operations
Director Relocations and Housing

7.6.58 Member buys a suitable own home

  1. This section applies to a member who does both the following.

    1. They live in a Service residence.

    2. They purchase a suitable own home.

      Note: In some cases, the home that a member purchases will not be suitable. Owning the home will not affect eligibility for a Service residence.

      See: Part 2, Suitable own home

  2. A member who purchases a suitable own home ceases to be eligible to live in their Service residence from the earliest of these dates.

    1. Three months after the day they enter a contract to purchase the house.

    2. One week after settlement.

    See: Part 2 Division 1 section 7.2.7, No housing assistance for member who has a suitable own home

  3. The CDF may approve a longer period for the purposes of subsection 2, if satisfied that the member is unable to be removed to the home within the time limits in paragraph 2.b, for reasons that are beyond the member's control.

    Example: The member applied for a removal well in advance of the uplift date. The removal truck broke down on the day and the removal had to be rescheduled for the next week. The CDF approved a longer period because the member exceeded the seven day limit under paragraph 2.b for reasons beyond their control.

    Non-example: The member purchased a suitable home but then delayed asking the approved service provider for a removal. When the member did ask for a removal, the removalist was booked for three weeks in advance and so the removal could not occur within the seven days after settlement. The member would exceed the limit under paragraph 2.b. for reasons within their own control.

Persons who can make the decision under subsection 7.6.58.3 on behalf of the CDF:
An employee of Defence Housing Australia who performs the duties of:

  • Team Leader in the Housing Contact Centre
  • Regional Housing Specialist in the Housing Management Centre
  • Housing Contact Centre Manager
  • Regional Director in a Housing Management Centre
  • National Housing Manager
Contract Manager Services Agreement
Assistant Contract Manager Services Agreement
Assistant Director Operations
Director Relocations and Housing

7.6.59 Dependants not at the Service residence

  1. This section applies if a member's dependants will no longer live with the member in a Service residence.

  2. The member's eligibility to live in the Service residence ends on the earlier of these dates.

    1. The day the member and their dependants move out of the residence.

    2. Twenty eight days after the day the dependants stop living at the residence.

  3. If a member's dependant dies and they become a member without dependants, the member's eligibility for the Service residence continues until the earlier of these dates.

    1. The day the member moves out of the home.

    2. Three months after the day the requirement to house dependants ends.

    Example: A member becomes a member without dependants because their spouse dies and they have no children.

    See: Chapter 6 Part 5 Division 9 section 6.5.75A, Member ceases to be member with dependants – death of dependant

  4. The CDF may approve a request from the member to remain in the Service residence, if the member becomes a member without dependants. The CDF must consider both these factors.

    1. Any compassionate or medical issues.

    2. Whether the Service residence is needed for a member with dependants.

    See: Division 7 section 7.6.37, Ineligible member can apply for surplus Service residence

  5. The member's marriage or partnership may break down. If this occurs, the CDF may approve the member or dependants to remain in the Service residence for a fixed period beyond that specified in subsection 2, taking into account both these factors.

    1. The time needed for the member and their spouse or partner to find new homes.

    2. The availability of other homes for the member and their spouse or partner.

  6. This table sets out member contributions if they are approved to continue to live in the Service residence.

    Contribution
    Item If the member is approved under... then the contribution is...
    1. subsection 2 or 3 their normal contribution for the Service residence.
    2. subsection 4 the contribution for the member's rank group and the rent band or amenity group of the Service residence.
    See: Division 8 section 7.6.41, Contribution for Service residence or rent band choice accommodation, table item 2
    3. subsection 5 the Defence Housing Australia rent.
    See: Division 7 section 7.6.37, Ineligible member can apply for a surplus Service residence.

Persons who can make the decisions under subsection 7.6.59.4 subsection 7.6.59.5 on behalf of the CDF:
An employee of Defence Housing Australia who performs the duties of:

  • Team Leader in the Housing Contact Centre
  • Regional Housing Specialist in the Housing Management Centre
  • Housing Contact Centre Manager
  • Regional Director in a Housing Management Centre
  • National Housing Manager
Contract Manager Services Agreement
Assistant Contract Manager Services Agreement
Assistant Director Operations
Director Relocations and Housing

7.6.60 Member dies

  1. This section applies if a member dies while they are eligible for a Service residence that they or their dependants live in.

  2. The dependants may continue to live in the Service residence and pay the fortnightly contribution that applied to the member. They may do so until the latest of these dates.

    1. If they continue to live in the home – six months after the day the member died.

      Note: In this case Defence Housing Australia must notify the dependants in writing 28 days before they must leave the Service residence.

    2. A day that the CDF determines is reasonable. The CDF must consider all these facts.

      1. The dependants' personal circumstances.

      2. The dependants' accommodation needs.

      3. The availability of other homes in the location.

      4. Any other factor relevant to the dependants' continued stay in the home.

  3. The dependants must be notified that their contribution payments are to be made fortnightly in advance to the Receiver of Relevant Money.

Persons who can make the decision under paragraph 7.6.60.2.b on behalf of the CDF:
Contract Manager Services Agreement
Assistant Contract Manager Services Agreement
Assistant Director Operations
Director Relocations and Housing

7.6.61 Member keeps a Service residence at losing location

  1. This section applies to a member who is posted away from a location where they live in a Service residence.

  2. This table sets out the conditions on which a member can keep their Service residence in the losing location.

    Conditions when a member can keep a Service residence
    Item If the member is... and they are... then they can keep the Service residence at the losing location...
    1. any member a. delaying removal to the new posting location for Service reasons until the Service reason ends.
    b. delaying removal until they can get a door-to-door removal
    Example: The member is staying in temporary accommodation while they wait for a suitable Service residence or rented home at the new posting location.
    until uplift and final inspection.
    2. a member with dependants (unaccompanied) for the posting period, or until the member's dependants live with the member at the gaining location.

7.6.62 Rejecting a Service residence – effect on temporary accommodation allowance

  1. This section applies to a member if all these conditions are met.

    1. They are eligible for temporary accommodation allowance.

    2. They are made a reasonable offer of a Service residence.

    3. They reject the offer of the Service residence.

    4. Defence Housing Australia cannot offer the Service residence to another member as a suitable home within one month of the offer to the member.

  2. The member's temporary accommodation allowance may be stopped. It will stop from the day that the CDF decides that they could have completed their removal to the residence, if they had accepted the offer.

    See:
    Part 5 Division 1 section 7.5.8, Member not eligible
    Division 7 section 7.6.33, Acceptance or rejection of a reasonable offer

Persons who can make the decision under subsection 7.6.62.2 on behalf of the CDF:
An employee of Defence Housing Australia who performs the duties of:

  • Team Leader in the Housing Contact Centre
  • Regional Housing Specialist in the Housing Management Centre
  • Housing Contact Centre Manager
  • Regional Director in a Housing Management Centre
  • National Housing Manager
Contract Manager Services Agreement
Assistant Contract Manager Services Agreement
Assistant Director Operations
Director Relocations and Housing

7.6.63 Special conditions on separation – statutory appointees

  1. This section applies to a member who meets all of the following conditions.

    1. They hold one of the following appointments.

      1. Chief of the Defence Force.

      2. Vice Chief of the Defence Force.

      3. Chief of Navy.

      4. Chief of Army.

      5. Chief of Air Force.

    2. The member occupies a tied residence.

      See: Division 6 section 7.6.24, Tied residences

    3. The member's statutory appointment ends on their ceasing to be a member of the Permanent Forces.

    4. Note: In the total workforce model, a member of the Permanent Force may be described as a member in Service category 6 or 7.

  2. The member may continue to live in the Service residence and pay the rate of contribution that applied before the end of their appointment. They may do so until the latest of these dates.

    1. Seven days after the appointment ends.

    2. A day up to 28 days after the end of their appointment that the CDF determines is reasonable. The CDF must consider the following criteria.

      1. The former member's personal circumstances.

      2. The period between the announcement of statutory appointments and the member's day of separation.

      3. Any effect on the new statutory appointee.

      4. Any other factor relevant to the members' continued stay in the home.

  3. For the purposes of subsection 2, decisions about the CDF may be made by the Minister.

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



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