Defence Home Ownership Assistance Scheme Amendment (Average House Price and Median Interest Rate) Determination 2025

Administered by Department of Defence

Legislation au F2025L00684 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Defence Home Ownership Assistance Scheme Amendment (Average House Price and Median Interest Rate) Determination 2025

The Defence Home Ownership Assistance Scheme Act 2008 (the Act) provides a home ownership assistance scheme for eligible members of the Australian Defence Force (ADF). Section 52 of the Act enables the making of determinations dealing with the average house price.

The purpose of this Determination is to set the average house price for the purpose of calculating the monthly subsidy amount for the Defence Home Ownership Assistance Scheme (the Scheme).

Subsection 52(1) of the Act confers power on the Minister to set a figure as the average house price under the Scheme, by determination from time to time. The Assistant Minister for Defence has delegated this power to the Assistant Secretary People Policy and Employment Conditions.

Subsection 52(2) requires the Minister to have regard to the national average house price and regional weighting data for the purpose of the determination of an average house price for the scheme. The national average house price has been derived according to statistical data published by the Australian Bureau of Statistics for the period up to the end of March 2025. It is calculated using statistical data for each of the eight capital cities from the unstratified median house prices for a capital city multiplied by the house price index weighting for that city.

Subsection 52(3) explains that the average house price is to be determined annually for a financial year. This ensures that the scheme will be adjusted each year to take account of changes that have been observed in the housing market across Australia. The average house price for the 2025-2026 financial year is $41,813 more than the figure determined for the previous year, reflecting upward movement in the market and house prices generally.

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

Section 2 of this Determination provides that the Determination commences on 1 July 2025.

Section 3 of this Determination provides that the Determination is made under subsection 52 of the Act.

Section 4 provides the instrument specified in the Schedule is amended.

Item 1 of Schedule 1 amends section 6 of the Defence Home Ownership Assistance Scheme (Average House Price and Median Interest Rate) Determination 2018 for the purpose of section 52 of the Act. The amendment adds the average house price of $1,034,225 for the 2025-2026 financial year.

Consultation

The Treasury, the Department of Finance and Australian Bureau of Statistics were consulted on the methodology for determining the average house price under the scheme when it began in 2008.

The rule maker was satisfied that further consultation was not required.


Regulation Impact

The Office of Best Practice Regulation within the Department of the Prime Minister and Cabinet has advised that a regulation impact statement is not required for this amendment (OBPR exemption no.10425).

 

 

Approved by:

Jake Thomas Gumley

Acting First Assistant Secretary

People Policy and Development

 

Authority:

Subsection 52(1)
Defence Home Ownership
Assistance Scheme Act 2008

 


Statement of Compatibility with Human Rights

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

Defence Home Ownership Assistance Scheme Amendment (Average House Price and Median Interest Rate) Determination 2025

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

The Defence Home Ownership Assistance Scheme (the Scheme) is a home loan subsidy scheme for eligible current and former Australian Defence Force (ADF) members. A major objective of the Scheme is to improve current ADF retention and recruitment rates. This is achieved by offering ADF members subsidy payments to assist them to purchase homes for them and their family and provides progressively higher levels of assistance once they have served beyond critical career points. The subsidy reflects the current home loan market interest rates. This Determination sets the average house price for the purpose of calculating the monthly subsidy amount for the Scheme.

Human rights implications

Right to the enjoyment of just and favourable conditions of work

Article 7 of the International Covenant on Economic, Social and Cultural Rights guarantees the right to just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.

Right to an adequate standard of living

Article 7 of the International Covenant on Economic, Social and Cultural Rights guarantees the right to just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations. Article 11 of the International Covenant on Economic, Social and Cultural Rights requires Australia to progressively realise the right of everyone to an adequate standard of living, including adequate housing, within the maximum available resources.

Assessment of compatibility

The purpose of the Scheme is to assist ADF members and their family to purchase a home to live in and ensures that ADF members do not suffer disadvantage because of the requirement for them to travel to new posting locations. This Determination sets a new average house price for the 2025–2026 year from which home loan subsidy payments rates are determined. The average house price for the 2025–2026 financial year is $41,813 more than the figure determined for 2024-2025.

The Scheme and the making of this Determination promotes the right to just and favourable conditions of work and the right to an adequate standard of living, including adequate housing, for ADF members and their families by recognising the unique nature of service of ADF members.

Conclusion

This Determination is compatible with human rights because it advances the protection of human rights.

 

 

 

Overview

The Defence Home Ownership Assistance Scheme Amendment (Average House Price and Median Interest Rate) Determination 2025 amends the Defence Home Ownership Assistance Scheme (the Scheme) established under the Defence Home Ownership Assistance Scheme Act 2008. This Act, enacted by the Parliament of Australia, was designed to provide a home ownership assistance scheme specifically for eligible members of the Australian Defence Force (ADF). The problem this legislation addresses is the financial burden faced by ADF members in purchasing homes, which can be exacerbated by frequent relocations and the need to maintain housing stability. The policy objective of the Scheme is to support ADF members and their families by offering subsidy payments to assist with home purchases, thereby improving retention and recruitment rates within the ADF. This determination sets the average house price for the Scheme, ensuring that the subsidy amounts are calculated accurately and reflect current housing market conditions.

Scope and Application

The Defence Home Ownership Assistance Scheme Amendment (Average House Price and Median Interest Rate) Determination 2025 amends the Defence Home Ownership Assistance Scheme Act 2008 to set the average house price for the purpose of calculating the monthly subsidy amount for the Defence Home Ownership Assistance Scheme. This scheme provides a home loan subsidy to eligible current and former members of the Australian Defence Force, aiming to improve retention and recruitment rates by assisting ADF members in purchasing homes for themselves and their families. The Determination applies to eligible ADF members and their families who are beneficiaries of the Scheme, ensuring they receive appropriate subsidy payments based on the updated average house price. The average house price is determined annually and is based on national and regional weighting data provided by the Australian Bureau of Statistics, reflecting changes in the housing market across Australia. The new average house price for the 2025-2026 financial year is set at $1,034,225, which is $41,813 more than the previous year, ensuring the Scheme remains responsive to market conditions. This Determination is compatible with human rights, specifically the right to just and favourable conditions of work and the right to an adequate standard of living, including adequate housing, for ADF members and their families.

Key Provisions

The key operative sections of this Determination are sections 1, 2, 3, and 4 (paragraphs 1-4). Section 1 specifies how this Determination can be cited, ensuring clarity and proper referencing. Section 2 details the commencement date of the Determination, which is 1 July 2025. Section 3 confirms the authority under which the Determination is made, citing subsection 52 of the Defence Home Ownership Assistance Scheme Act 2008. Section 4 specifies the amendment made to the Defence Home Ownership Assistance Scheme (Average House Price and Median Interest Rate) Determination 2018, where item 1 of Schedule 1 updates the average house price for the 2025-2026 financial year to $1,034,225. The Act imposes several obligations and requirements on the parties it governs. The Minister is required to determine the average house price annually, taking into account the national average house price and regional weighting data (subsection 52(2)). This ensures that the scheme is regularly updated to reflect current housing market conditions. The Assistant Secretary People Policy and Employment Conditions, to whom the Minister has delegated this power, must use the most recent statistical data from the Australian Bureau of Statistics to make this determination (subsection 52(3)). Additionally, the Act requires the average house price to be published in a way that is accessible to the public, ensuring transparency and accountability. There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of this Determination. However, failure to comply with the statutory requirements could lead to administrative consequences, such as the invalidation of subsidy payments or legal challenges regarding the determination process. While the Determination itself does not outline specific penalties, breaches of the underlying Act or associated regulations might incur fines or other sanctions as provided in those respective laws. This Determination sets a new average house price for the 2025–2026 financial year, increasing it by $41,813 from the previous year, reflecting the current housing market trends. The increase is derived from the national average house price data and regional weighting factors, ensuring the subsidy payments accurately reflect the current cost of housing. This annual adjustment mechanism ensures the Defence Home Ownership Assistance Scheme remains relevant and effective in supporting ADF members and their families.

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Defence Law
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Definitions & Interpretation
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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.