This Division sets out when a member's suitable own home may cease to be suitable. This may create an eligibility for housing assistance under Part 4, 6 or 8 of this Chapter.
This section applies to a member who is required by their Service to occupy a particular Service residence.
Example: A tied residence.
See: Part 6 Division 6, Appointment, tied and assigned residences
If the member owns a home at the posting location, it is not a suitable own home. The member may not live in it during the period they are required to occupy the particular Service residence.
The CDF may approve a member's request to live in their own home at the posting location.
For approval under subsection 3, the CDF must consider the following factors.
Whether the residence is suitable for the member's representative duties.
The location of the residence.
The impact on any other members.
Any additional cost to the Commonwealth.
A home that is approved by the CDF under subsection 3 is taken to be the member's suitable own home.
Related information: Members may also be granted permission to live in an equivalent Service residence. See Part 6 Division 6 section 7.6.26, Service residence alternative to tied or appointment residence.
A member’s home is not a suitable own home in any of the following circumstances.
The CDF is satisfied that the home does not have enough bedrooms for the member and dependants.
The member or a dependant has medical needs that the home cannot meet and the CDF is satisfied that it is not reasonably practicable to modify the home to meet the medical needs.
The member's marriage or partnership has broken down and all these conditions are met.
The member's spouse or partner lives in the home.
The member is unable to live in the home.
The member is not receiving rent for the home from their spouse or partner.
All of the following apply.
A qualified person has certified the home as uninhabitable, or recommended it not be lived in.
The member or their dependants are likely to suffer a serious injury or illness if they remain in the home.
The member or their dependants will not benefit from an insurance policy or compensation scheme intended to assist the member with replacement housing or remedy a problem.
The CDF is satisfied that the reason the home has been certified as uninhabitable, or recommended it should not be lived in, is not due to the failure of the member to take reasonable steps to prevent the home from becoming uninhabitable or a qualified person recommending the home not be lived in.
Seven days before the settlement of the contract for the sale of a suitable own home.
Both of the following apply.
The member commenced action to sell the home before the member arrived in the posting location.
The CDF is satisfied that the member continues to take reasonable steps to sell the home.
Persons who can make the decisions under paragraph 7.2.12.a, paragraph 7.2.12.b, paragraph 7.2.12.d.iv and subparagraph 7.2.12.f.ii on behalf of the CDF:
An employee of Defence Housing Australia who performs the duties of:
Normally, a member's own home is not a suitable own home if it is outside the posting location. However, a member may own a home that is outside the normal posting location.
If subsection 1 applies, then the CDF may approve the greater posting location for the member. The CDF must be satisfied that the extra travel time will not affect the member's attendance for duty.
Exception: A home in a greater posting location that has been purchased with Defence assistance is a suitable own home.
Chapter 1 Part 3 Division 1 section 1.3.55, Posting location - within Australia
Part 1 Division 3 section 7.1.15, Posting location
Division 1 section 7.2.6, Own home bought with Defence assistance
If the CDF does not approve the greater posting location and the member's own home is outside the usual posting location, then the home will be unsuitable.
See: Division 1 section 7.2.5, Suitable own home
If a member's home is unsuitable because it is outside the posting location, then these conditions will apply.
The member is not eligible for housing assistance for a Service residence that is the same or a greater distance from the place of duty as the member's own home.
The member is not eligible for rent allowance for a property that is the same or a greater distance or travelling time away from the place of duty as the member's own home.
Persons who can make the decision under subsection 126.96.36.199 on behalf of the CDF:
Director/Commanding Officer/Officer Commanding not below MAJ(E)/APS 6 in the member's direct chain of command or supervision
Application to Reservists: Yes, on continuous full-time service.