Defence Determination 2017/24, Living-in accommodation and rent allowance – amendment

Administered by Department of Defence

Legislation au F2017L00944 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence Determination 2017/24

This Determination amends Defence Determination 2016/19, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Defence Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AIA Act, as modified by section 58B of the Defence Act.

Chapter 7 of the Principal Determination sets out provisions dealing Australian Defence Force (ADF) housing and meals in Australia.

This Determination has the following purposes.

  • To provide that a member's contribution towards living-in accommodation is no longer affected by the number of people the member shares a room with but the number of beds in the room.
  • To provide that a member is eligible for assistance for costs associated with entering a rental lease if they are eligible for rent allowance.

Background – living-in accommodation

One of the elements affecting a member's contribution to living-in accommodation was formerly the sharing arrangement (if any) they had. Contributions decreased as the number of occupants in the room increased. There are some ADF bases where the number of occupants per room changes regularly. This has caused a heavy administrative burden because each movement results in the need for a payment transaction to be processed. It also creates uncertainty for the member in regard to their accommodation contributions. This Determination amends the Principal Determination so that a member's contribution is no longer affected by the number occupants the member shares with but by the number of beds in the room.

Background – rent allowance

Defence provides assistance to members to help them meet the costs associated with entering into a rental lease. In the past it has been possible to make these payments to members on non-paydays. Changes to ADF payroll systems mean payments are now only possible on paydays. Members formerly had to prove they were entering a lease before assistance could be provided. Now that payments can only be made on the member's payday, the only requirement for eligibility is that the member would be eligible for rent allowance if they entered a rental lease. This allows the member more time to apply for assistance and receive the payment when it is required.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 is the commencement provision for the Determination and includes a table setting out the details of the commencement of sections of the Determination. Column 1 of the table sets out the provisions in numbered items, column 2 sets out the commencement and column 3 sets out date/details. Information in column 3 does not form part of the Act, so information can subsequently be inserted in the column (or edited) in a published version of the Determination.

  • Item 1 in the table provides that sections 1 to 4 of the Determination commence on the day after this instrument is registered.
  • Item 2 in the table provides that the schedules commences on a single date to be fixed by a notifiable instrument. The commencement of these provisions will align with the commencement of the new ADF payroll system, which is expected to occur this year. Item 2 also provides for the schedules to be repealed if the notifiable instrument is not made within the period of 12 months beginning on the day after this instrument is registered. The purpose of this Determination is to set out a range of reforms to leave that support the introduction.

Section 3 provides that the authority for the instrument is under section 58B of the Defence Act 1903.


Section 4 provides that 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 of this Determination makes amendments to member contributions towards living-in accommodation.

Section 1 amends subsection 7.4.2.3 of the Principal Determination, which provided that a member's contribution to living-in accommodation was dependant on their rank, sharing arrangement and level of accommodation. The member contribution is no longer affected by the number occupants the member shares with but by the number of beds in the room.

The change is necessary because there are some bases where the number of occupants per room changes regularly. This has caused a heavy administrative burden.

The change will provide greater certainty for the member as their contribution rate will stay the same regardless of the number of other members occupying the room. For example, a member occupying a room with three beds will make the same contribution they would formerly have made for sharing with three members, regardless of whether there is one, two or three occupants sharing the room.

Section 2 amends the table of subsection 7.4.19.2 of the Principal Determination, which provides the type of share accommodation an initial employment trainee in the Infantry Corps of the Army may expect during their initial employment training. The member was formerly required to share with three or more other members per room. Section 2 changes it to at least one and up to nine members per room.

Section 3 amends section 7.4.19 of the Principal Determination, which sets out when a member must share accommodation. Subsection 3 provided that sharing accommodation affects a member's contribution. As the rules on member contribution are set out in section 7.4.24 of the Principal Determination, subsection 3 is omitted from section 7.4.19.

Sections 4 and 5 amend subsection 7.4.24.5 and the exception to subsection 7.4.24.5 of the Principal Determination respectively. The subsection contains references to Annex 7.4.B of the Principal Determination which provides member rates of contribution for living-in accommodation. The changes reflect the amendments made by section 8 of Schedule 1 to this Determination.

Sections 6 and 7 amend subsection 7.4.27.2, table items 3 and 4 of the Principal Determination, which provides the rate of contribution towards living-in accommodation for a member on leave without pay. The following changes are made.

  • Table item 3 formerly provided a rate for a member in a 'shared room'. Section 6 amends the table to provide that the rate is for a member who occupies a room with two or three beds.
  • Table item 4 formerly provided a rate for a 'dormitory room'. Section 7 amends the table to provide that the rate is for a member who occupies a room with four or more beds.

Section 8 amends subsection 7.4.32.1 of the Principal Determination, which lists the group of members who do not have to pay a contribution for living-in accommodation. Paragraph 1.e. is amended to provide that a member who is in a room with four or more beds does not have to pay a contribution for living in accommodation.

Section 9 amends section 7.5.29 of the Principal Determination, which sets out the contribution rates that a member must pay when occupying temporary accommodation. Table item 3 of section 7.5.29 is amended to reflect the policy change that a member's contribution is no longer affected by the number occupants the member shares with but by the number of beds in the room.

Section 10 amends section 7.9.10 of the Principal Determination, which sets out when a member is required to make a contribution towards cost of meals provided by the Commonwealth in Service messes. Table item 2 of section 7.9.10 is amended to reflect the policy change that a member's contribution is no longer affected by the number occupants the member shares with but by the number of beds in the room.


Section 11 amends section 7.10.9 of the Principal Determination, which sets out when a member is required to make a contribution towards cost of utilities in their living in accommodation. Subsection 3 is amended to reflect the policy change that a member's contribution is no longer affected by the number occupants the member shares with but by the number of beds in the room.

Section 12 omits and substitutes Annex 7.4.B of the Principal Determination, which provides the rates of contribution members must make towards their living-in accommodation. Formerly, one of the components used to calculate the rates was the number of members sharing the room. This is changed to the number of beds per room. Rates are decreased as the number of beds increase. A member occupying a room that has four or more beds does not pay a contribution regardless of whether the other beds are being used.

Schedule 2 of this Determination makes amendments to provisions to assist members with costs when they enter a rental lease.

Section 1 omits and substitutes section 7.8.41 of the Principal Determination, which provides the type and amount of assistance Defence will provide to help members with costs associated with entering a rental agreement. Section 1 makes the following changes.

  • Provisions formerly under section 7.8.43 of the Principal Determination have been moved into section 7.4.41 of the Principal Determination, which is omitted by section 2 of Schedule 2. Section 7.8.43 provided an advance payment to help a member with rent they have to pay up front when they sign a lease. The provisions belong in section 7.8.41 because the benefit is one that assists the member with payments for a rental home.
  • To be provided assistance for the payment of rent in advance the member formerly had to provide evidence of having to pay rent in advance for a rental property. The only requirement now is that the member would be eligible for rent allowance after entering a rental lease.
  • Formerly the member had three choices as to the amount they could borrow to pay rent that was required in advance; twice the member's fortnightly rent ceiling, one month's rent for the property or a lesser figure chosen by the member. These options are simplified to provide that the member may choose to receive up to a maximum of twice their fortnightly rent ceiling.
  • A note is also inserted to inform the member that payments may take up to 19 days after an application is approved depending on the day within the pay cycle the approval is made.

Section 2 omits section 7.8.43 of the Principal Determination. Provisions in this section were moved to section 7.8.41 of the Principal Determination by section 1 of Schedule 2.

Section 3 amends subsection 7.8.46.1 of the Principal Determination, which referenced sections 7.8.41 and 7.8.43 of the Principal Determination. These sections have been altered by sections 1 and 2 of Schedule 2. Section 3 amends the references to reflect the new locations of the provisions.

Section 4 amends paragraph 7.8.46.1.c of the Principal Determination, which provides when a member must begin repayments of an advance for rental costs. The paragraph formerly provided that repayments begin on the first payday after the commencement of the lease. This is changed to the first payday after the advance is paid to the member.

Consultation

Defence Housing Australia, Navy, Army, Air Force and Defence Estate and Infrastructure Group have been consulted.

Authority:  Section 58B of the
Defence Act 1903


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Determination 2017/24, Living-in accommodation and rent allowance — amendment

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Determination

This Determination has the following purposes.

  • To provide that a member's contribution towards living-in accommodation is no longer affected by the number of people the member shares a room with but the number of beds in the room.
  • To provide that a member is eligible for assistance for costs associated with entering a rental lease if they are eligible for rent allowance.

Human rights implications

Living-in accommodation

Right to an adequate standard of living.

The person’s right to an adequate standard of living engages article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 ensures the realisation of this right, recognising to this effect the essential importance of an adequate standard of living. This includes housing.

Legitimate objective: ADF members may be required to live in on a military base to satisfy an operational, training or duty of care requirement. This could limit the standard of accommodation available to members. It could also cause a member to be separated from their family.

Reasonable, necessary and proportionate: Living-in accommodation is provided to meet the operational, training and duty of care responsibilities of Defence. Members are required to make contributions towards their living-in accommodation. This Determination advances human rights because it reduces a member's uncertainty about the contribution they must make each fortnight towards accommodation. No member will pay a higher contribution as a result of this Determination and some will pay less.

Assistance with rental lease

Right to an adequate standard of living.

The person’s right to an adequate standard of living engages article 11 of the International Covenant on Economic, Social and Cultural Rights. Article 11 ensures the realisation of this right, recognising to this effect the essential importance of an adequate standard of living. This includes housing.

Legitimate objective: Defence members are required to live in various posting locations throughout Australia. Moving house can be a regular occurrence. This could limit the standard of accommodation available to members. It could also cause a member to be separated from their family.

Reasonable, necessary and proportionate: Members are eligible to receive allowances which assist with the cost of accommodation at their posting location. Defence ensures members are provided the assistance necessary to find suitable accommodation. This Determination provides a member is eligible for assistance to pay costs relating to entering a rental lease if they would be eligible for rent allowance after entering the lease. This allows the member more time to apply for assistance and receive the payment when it is required.

Conclusion

This Determination is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

Lisa Annette Arnold, Acting Assistant Secretary People Policy and Employment Conditions

 

Overview

The Defence Determination 2017/24, made under section 58B of the Defence Act 1903, amends Defence Determination 2016/19 to address issues related to the living-in accommodation and rental assistance for members of the Australian Defence Force (ADF). The determination seeks to simplify the administrative burden and provide greater certainty for ADF members regarding their accommodation contributions and rental lease costs. The Australian Parliament enacted this determination to streamline the contribution process towards living-in accommodation by basing it on the number of beds in a room rather than the number of occupants, thus reducing administrative complexities. Additionally, it aims to ensure members can access rental assistance more effectively by aligning the eligibility criteria with their rent allowance status. The policy objective is to enhance the efficiency of financial management within the ADF while supporting members in their housing needs.

Scope and Application

The Defence Determination 2017/24 applies to members of the Australian Defence Force (ADF) and is made under section 58B of the Defence Act 1903. It amends Defence Determination 2016/19, Conditions of service, to modify provisions concerning contributions towards living-in accommodation and assistance with costs associated with entering a rental lease. The changes affect members' contributions to living-in accommodation, which are now based on the number of beds in a room rather than the number of occupants, aiming to reduce administrative burden and provide certainty for members. Furthermore, the Determination allows members who are eligible for rent allowance to receive assistance for costs associated with entering a rental lease, simplifying the eligibility criteria and the process for obtaining assistance. The provisions of this Determination are applicable nationally within Australia and are subject to the Acts Interpretation Act 1901 and the Legislation Act 2003. This Determination does not explicitly state any exclusions, exemptions, or thresholds, and it extends or restricts its application through subordinate instruments as necessary.

Key Provisions

Defence Determination 2017/24 amends Defence Determination 2016/19, specifically addressing the conditions of service within the Australian Defence Force (ADF) concerning living-in accommodation and rent allowance. Under section 1 of this Determination, the manner of citation is outlined, while section 2 specifies the commencement details, including a table that sets out the commencement dates for various sections of the Determination. These sections are designed to streamline the administrative processes and provide clarity to ADF members regarding their contributions and entitlements. The main operative sections of this Determination, particularly those pertaining to living-in accommodation, now base a member's contribution on the number of beds in the room rather than the number of occupants. This change, detailed in Schedule 1, affects various subsections and tables within the Principal Determination, ensuring that contributions remain consistent regardless of changes in room occupancy. Additionally, Schedule 2 addresses the provision of assistance for costs associated with entering a rental lease, now making members eligible for such assistance if they would be eligible for rent allowance post-lease entry. This change simplifies the process and allows members more flexibility in applying for and receiving assistance. This Determination imposes several obligations on the parties it governs. Members are now required to base their contributions on the number of beds in their room rather than the number of occupants. Furthermore, Defence is obligated to provide assistance to members for rental lease costs if the members are eligible for rent allowance. These obligations are aimed at reducing administrative burdens and providing clarity and consistency in the application of housing and financial assistance policies. Breaches of the provisions set out in this Determination could lead to civil or administrative consequences. For instance, if Defence fails to adhere to the new contribution rates based on the number of beds, it could result in incorrect financial transactions, leading to potential disputes or financial hardships for members. Similarly, if Defence does not provide assistance as outlined for eligible members, it could result in members facing undue financial burdens when entering a rental lease. While the Determination does not explicitly outline specific penalties, any failure to comply with its provisions could be subject to internal Defence disciplinary actions or judicial review, depending on the nature and impact of the breach.

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Defence & Military Law
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Regulation
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Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.