Defence Determination, Conditions of Service Amendment (Puckapunyal housing trial and rent ceiling for overlapping posting locations) Determination 2019 (No. 3) (Cth)

Defence Determination, Conditions of Service Amendment (Puckapunyal housing trial and rent ceiling for overlapping posting locations) Determination 2019 (No. 3)

I, DEREK JULIAN COX, Acting Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 17 January 2019

D J COX

Acting Assistant Secretary
People Policy and Employment Conditions
Defence People Group

Contents

1......... Name............................................................................................................................... 2

2......... Commencement............................................................................................................... 2

3......... Authority......................................................................................................................... 2

4......... Schedules......................................................................................................................... 2

Schedule 1—Puckapunyual housing trial   3

Defence Determination, Conditions of service 2016/19   3

Schedule 2—Rent ceiling for overlapping posting locations   5

Defence Determination, Conditions of service 2016/19   5

1  Name

This instrument is Defence Determination, Conditions of Service Amendment (Puckapunyal housing trial and rent ceiling for overlapping posting locations) Determination 2019 (No. 3).

2  Commencement

This instrument commences on 24 January 2019.

3  Authority

This instrument is made under section 58B of the Defence Act 1903.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Puckapunyal housing trial

Defence Determination 2016/19, Conditions of service

1

Paragraph 1.3.55.1.c (Posting location – within Australia)

After the paragraph, insert:

d.

An area under paragraph 1.3.55.1.a extended for a member participating in the Puckapunyal housing trial.

Note: Section 7.1.16A provides the basis on which a posting location can be extended for the purpose of the Puckapunyal housing trial.

2

Subsection 1.3.55.3 (Posting location – within Australia)

Omit the subsection.

3

Subsection 1.3.55.4 (Posting location – within Australia)

Omit the subsection.

4

Paragraph 6.5.5.e (Members not eligible for a removal)

Omit the paragraph, substitute:

e.

The member meets one of the following.

i.

The member is in the Puckapunyal posting location and their posting location has been extended under subsection 7.1.16A.2.

ii.

The member ceases to participate in the Puckapunyal housing trial and elects to relocate within the Puckapunyal posting location.

5

Section 7.1.16A (Puckapunyal housing trial)

Omit the section, substitute:

7.1.16A   Puckapunyal housing trial

1.

A member is participating in the Puckapunyal housing trial if the CDF has approved an extension of their posting location under subsection 2.

Note: The standard rules that apply in relation to housing assistance apply to members participating in the Puckapunyal housing trial.

2.

The CDF may extend the posting location described in paragraph 1.3.55.1.a for a member if satisfied of the following.

a.

The member is posted to the Puckapunyal Military Area.

b.

The member's daily attendance for duty would not be affected by any additional travel.

c.

The member commutes daily to their normal place of duty.

d.	The purpose of extending the posting location is to facilitate one of the following.
i.	The member's spouse or partner undertaking employment, other than home based employment.
ii.	The member is returning form a long-term posting overseas and member's spouse or partner seeking employment, other than home based employment.
iii.	The member's spouse or partner undertaking a period of study on a face-to face basis.
iv.	If the member has a dependant with special needs — access to professional services for that dependant.
3.	The Puckapunyal housing trial ceases on 31 December 2020.
6	Subsection 7.6.28.1A (Member with dependants eligible for a Service residence)
Omit the subsection.
7	Paragraph 7.6.34.2.f (Reasons for rejecting a reasonable offer)
Omit the paragraph, substitute:
f.	The member is participating in the Puckapunyal housing trial and the home is not suitable for the purpose for which their posting location was extended under subsection 7.1.16A.2.
8	Subsection 7.8.5.1A (Member eligible and period of eligibility)
Omit the subsection.
9	Section 7.8.5A (Puckapunyal housing trial)
Omit the section, substitute:

7.8.5A   Leaving the Puckapunyal housing trial

1.	This section applies to a member who is posted to the Puckapunyal Military Area and was participating in the Puckapunyal housing trial before the end of their posting.
2.	A member may be eligible for rent allowance if the member has moved into the Puckapunyal posting location.
10	Subsection 7.8.9A (Rent ceilings – Puckapunyal housing trial)
Omit the subsection.
11	Subsection 7.8.17A (Puckapunyal housing trial)
Omit the subsection.

Schedule 2— Rent ceiling for overlapping posting locations

1	Subsection 7.8.9.5 (Rent ceilings – members with dependants)
After the subsection, insert:
6.	If all of the following apply, the member's rent ceiling is the rent ceiling of their previous posting location.
a.	The member's posting location overlaps with their previous posting location.
b.	The member continues to occupy the same rental accommodation they occupied in the previous posting location.
c.	The rental accommodation is in both the following.
i.	The member’s posting location.
ii.	The member’s previous posting location.
d.	The member’s posting location has a lower rent ceiling than the previous posting location.
7.	For the purpose of subsection 6, posting location means the posting location under paragraph 1.3.55.1.a.
2	Subsection 7.8.10.6 (Rent ceilings – other members)
Omit the subsection, substitute:
6.	If all of the following apply, the member's rent ceiling is the rent ceiling of their previous posting location.
a.	The member's posting location overlaps with their previous posting location.
b.	The member remains in the same rental accommodation they occupied in the previous posting location.
c.	The member’s posting location has a lower rent ceiling than the previous posting location.
7.	For the purpose of subsection 6, posting location means the posting location under paragraph 1.3.55.1.a.