Defence Force (Home Loans Assistance) Regulations 1991

Administered by Department of Defence

Legislation au F1996B01190 Regulations Not in force Legislative Instrument

Legislation content

Defence Force (Home Loans Assistance) Regulations 1991

Statutory Rules 1991 No. 130 as amended

made under the

Defence Force (Home Loans Assistance) Act 1990

This compilation was prepared on 1 July 2008
taking into account amendments up to SLI 2008 No. 138

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement 

 3 Interpretation 

 4 Continuity of service not affected by taking certain kinds of leave             

 5 Compensable disability 

 6 Use and disclosure of personal information — prescribed purposes             

Notes   

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Defence Force (Home Loans Assistance) Regulations 1991.

2 Commencement

  These Regulations are taken to have commenced on 15 May 1991.

3 Interpretation

  In these Regulations, unless the contrary intention appears:

Act means the Defence Force (Home Loans Assistance) Act 1990.

Defence Determination means Defence Determination 2005/15, Conditions of Service, as in force from time to time under section 58B of the Defence Act 1903.

4 Continuity of service not affected by taking certain kinds of leave

  For paragraph 7 (1) (a) of the Act, the following kinds of leave are prescribed leave:

 (a) compensation leave within the meaning of the Safety, Rehabilitation and Compensation Act 1988;

 (b) leave granted to a member who is:

 (i) incapacitated for service or work; and

 (ii) entitled to compensation under Part 3 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004;

 (c) maternity leave without pay granted under Part 4 of Chapter 5 of the Defence Determination;

 (d) parental leave without pay granted under Part 5 of Chapter 5 of the Defence Determination;

 (e) leave without pay granted under Division 1 of Part 8 of Chapter 5 of the Defence Determination of the kind mentioned in clause 5.8.5 of that Determination;

 (f) part‑time leave without pay granted under Division 2 of Part 8 of Chapter 5 of the Defence Determination.

5 Compensable disability

  For the purposes of paragraph (c) of the definition of compensable disability in section 3 of the Act, the following Commonwealth laws are prescribed:

 (a) the Compensation (Commonwealth Government Employees) Act 1971, as in force from time to time before its repeal;

 (b) the Repatriation Act 1920, as in force from time to time before its repeal;

 (c) the Repatriation (Far East Strategic Reserve) Act 1956, as in force from time to time before its repeal; and

 (d) the Repatriation (Special Overseas Service) Act 1962, as in force from time to time before its repeal.

6 Use and disclosure of personal information — prescribed purposes

  For subsection 36A (2) of the Act, the following purposes are prescribed:

 (a) determining a person’s eligibility for a subsidy under the Defence Home Ownership Assistance Scheme Act 2008, including whether or not a member continues to be eligible;

 (b) determining the amount of a person’s subsidy, including correcting or updating the member’s subsidy amount;

 (c) deciding whether or not to authorise subsidy payments;

 (d) identifying errors or overpayments of subsidy;

 (e) implementing the findings of the internal review of a decision under the Defence Home Ownership Assistance Scheme Act 2008;

 (f) administering eligibility and entitlements under the Act, including correcting or updating the member’s subsidy amount;

 (g) any other purpose that is reasonably necessary for the administration of the Act.

Notes to the Defence Force (Home Loans Assistance) Regulations 1991

Note 1

The Defence Force (Home Loans Assistance) Regulations 1991 (in force under the Defence Force (Home Loans Assistance) Act 1990) as shown in this compilation comprise Statutory Rules 1991 No. 130 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1991 No. 130

26 June 1991

15 May 1991

 

1992 No. 237

29 July 1992

1 Sept 1992

—

2004 No. 376

23 Dec 2004

1 July 2004

—

2005 No. 304

21 Dec 2005 (see F2005L04126)

31 May 2005

—

2008 No. 138

25 June 2008 (see F2008L02220)

1 July 2008

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

am. 1992 No. 237

 

rs. 2004 No. 376

R. 3.................

am. 2004 No. 376; 2005 No. 304

R. 4.................

rs. 2004 No. 376

 

am. 2005 No. 304

R. 5.................

ad. 1992 No. 237

R. 6.................

ad. 2008 No. 138

 

 

Overview

The Defence Force (Home Loans Assistance) Regulations 1991 were enacted to provide a regulatory framework that supports the implementation of the Defence Force (Home Loans Assistance) Act 1990. These regulations were introduced by the Parliament of Australia to address the specific needs of members of the Australian Defence Force in relation to home loan assistance, ensuring that their service does not adversely affect their eligibility for home loan subsidies. The objective of these regulations is to facilitate the smooth administration of the Defence Home Ownership Assistance Scheme, thereby helping to mitigate financial burdens on Defence personnel, particularly in cases of compensable disabilities or certain types of leave. These regulations have been amended over time to adapt to changes in Defence policies and legislative requirements, maintaining their relevance and effectiveness in supporting Defence members.

Scope and Application

The Defence Force (Home Loans Assistance) Regulations 1991 are subsidiary legislation made under the Defence Force (Home Loans Assistance) Act 1990, and they apply nationally within Australia. These Regulations provide further detail and operational instructions to facilitate the administration of the Act, which aims to assist members of the Australian Defence Force (ADF) with home loans. The Regulations apply to ADF members and their families, specifically addressing their eligibility for home loan assistance and the conditions under which such assistance is provided. The scope of the Regulations encompasses various aspects of service continuity, disability compensation, and the permissible use and disclosure of personal information. Notably, they specify certain types of leave that do not affect the continuity of service for the purposes of home loan assistance, as well as the prescribed Commonwealth laws that determine compensable disabilities. Furthermore, the Regulations outline the purposes for which personal information can be used and disclosed, including eligibility determination and subsidy administration under the Defence Home Ownership Assistance Scheme Act 2008. The Regulations are subject to amendment through subordinate instruments, which have been incorporated into this compilation.

Key Provisions

The Defence Force (Home Loans Assistance) Regulations 1991 (the Regulations) provide detailed rules under the Defence Force (Home Loans Assistance) Act 1990. These Regulations, which came into effect on 15 May 1991, are intended to clarify certain terms and prescribe specific kinds of leave and compensable disabilities. For example, Regulation 4 identifies certain types of leave that do not affect continuity of service, such as compensation leave, maternity leave without pay, and parental leave without pay. This is crucial for members of the Defence Force who might be on leave due to various circumstances, ensuring their service continuity is not disrupted. Regulation 5 lists Commonwealth laws that prescribe compensable disabilities, such as the Compensation (Commonwealth Government Employees) Act 1971, providing a clear framework for determining eligibility under the Defence Home Ownership Assistance Scheme Act 2008. The Regulations impose specific obligations on Defence Force members and the relevant authorities. For instance, they require Defence Force members to accurately report their leave and any disabilities that might affect their eligibility for subsidies under the Defence Home Ownership Assistance Scheme Act 2008. Authorities must also use personal information solely for prescribed purposes, such as determining eligibility and the amount of subsidies, as outlined in Regulation 6. These obligations ensure that the scheme operates transparently and fairly, providing necessary assistance to Defence Force members while maintaining the integrity of the subsidy process. Failure to comply with the Regulations can lead to various consequences. While the Regulations themselves do not explicitly outline penalties for non-compliance, breaches of related Acts, such as the Defence Force (Home Loans Assistance) Act 1990, could result in civil or criminal penalties. For example, providing false information to determine eligibility for subsidies could be seen as a breach, leading to potential legal action. Additionally, any misuse or unauthorised disclosure of personal information, contrary to the prescribed purposes in Regulation 6, could result in penalties under the Privacy Act 1988. The specific penalties can vary but might include fines or other sanctions, depending on the severity of the breach.

Legal classification tags

Area of Law
Defence & Military Law
Consumer Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Use and disclosure of personal information
Catchwords
Compensable disability

Interactions

Authorises

All Versions

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.