Defence Service Homes Amendment Act 2019

Administered by Department of Veterans' Affairs

Legislation au C2019A00112 In force Act

Legislation content

 

 

 

 

 

 

Defence Service Homes Amendment Act 2019

 

No. 112, 2019

 

 

 

 

 

An Act to amend the Defence Service Homes Act 1918, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Defence Service Homes Act 1918

 

 

 

Defence Service Homes Amendment Act 2019

No. 112, 2019

 

 

 

An Act to amend the Defence Service Homes Act 1918, and for related purposes

[Assented to 9 December 2019]

The Parliament of Australia enacts:

1  Short title

  This Act is the Defence Service Homes Amendment Act 2019.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The later of:

(a) 1 January 2020; and

(b) the day after this Act receives the Royal Assent.

1 January 2020

(paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Defence Service Homes Act 1918

1  Subsection 4(1)

Insert:

eligible recipient means a person who is:

 (a) a member of the Defence Force or a former member of the Defence Force; or

 (b) a member of a Peacekeeping Force or a former member of a Peacekeeping Force; or

 (c) a widow or widower of a person covered by paragraph (a) or (b).

member of a Peacekeeping Force has the same meaning as in Part IV of the Veterans’ Entitlements Act 1986.

2  Section 38

Omit “and of houses, land, building materials and improvements of the kind mentioned in section 38CA”.

3  Section 38C

Repeal the section, substitute:

38C  Insurance of dwelling‑houses and rights of residence in retirement villages

Dwelling‑houses

 (1) The Commonwealth may undertake insurance of, or in relation to:

 (a) a dwelling‑house that is wholly or partially owned by an eligible recipient; or

 (b) building materials on a site where there is, or is to be, a dwelling‑house referred to in paragraph (a), being materials that are for use in the building of, or use otherwise in relation to, the dwelling‑house; or

 (c) any permanent domestic improvement of a structural kind that has been made:

 (i) to a dwelling‑house referred to in paragraph (a); or

 (ii) on the land on which such a dwelling‑house is built, is being built or is to be built; or

 (d) building materials on a site where there is, or is to be, an improvement referred to in paragraph (c), being materials that are for use in the building of, or use otherwise in relation to, the improvement.

Note: For eligible recipient, see subsection 4(1).

 (2) The Commonwealth may undertake insurance against risks related to the land on which a dwelling‑house referred to in paragraph (1)(a) is built, is being built or is to be built.

Rights of residence in retirement villages

 (3) The Commonwealth may undertake insurance of, or in relation to:

 (a) a right of residence in a retirement village that is a right held by an eligible recipient; or

 (b) building materials on a site where there is, or is to be, a retirement village covered by paragraph (a), being materials that are for use in the building of, or use otherwise in relation to, the retirement village; or

 (c) any permanent domestic improvement of a structural kind that has been made to a retirement village covered by paragraph (a); or

 (d) building materials on a site where there is, or is to be, an improvement referred to in paragraph (c), being materials that are for use in the building of, or use otherwise in relation to, the improvement.

Note: For eligible recipient, see subsection 4(1).

 (4) The Commonwealth may undertake insurance against risks related to the land on which a retirement village covered by paragraph (3)(a) is built, is being built or is to be built.

4  Sections 38CA, 38CAA and 38D

Repeal the sections.

5  Section 38E

Repeal the section, substitute:

38E  Termination of insurance

 (1) This section applies if:

 (a) the Commonwealth has undertaken insurance under section 38C in relation to a dwelling‑house that is wholly or partially owned by, or a right of residence in a retirement village that is a right held by, a person who is:

 (i) a member of the Defence Force or a former member of the Defence Force; or

 (ii) a member of a Peacekeeping Force or a former member of a Peacekeeping Force; and

 (b) the person dies.

Notice that insurance will cease to have effect

 (2) If this section applies:

 (a) the insurance undertaken in relation to the dwelling‑house, or the right of residence in the retirement village, does not cease to have effect because of the death of the person; and

 (b) unless the insurance has already ceased to have effect for some other reason, the Secretary must give reasonable notice in writing to each person having an interest in the dwelling‑house, or the right of residence in the retirement village, that the insurance will cease to have effect on a day specified in the notice.

Day insurance ceases to have effect

 (3) If the Secretary gives a notice under paragraph (2)(b), the insurance ceases to have effect on the day specified in the notice, unless it has already ceased to have effect.

Exception

 (4) If this section applies and the person referred to in paragraph (1)(a) is survived by a widow or widower, the Secretary must not give a notice under paragraph (2)(b) in relation to the dwelling‑house or the right of residence in the retirement village.

 (5) Subsection (4) does not prevent the insurance ceasing to have effect for a reason other than the giving of a notice under paragraph (2)(b).

Notice not a legislative instrument

 (6) A notice under paragraph (2)(b) is not a legislative instrument.

6  Sections 38EA, 38EAA and 38FA

Repeal the sections.

7  Application provision

The amendments made by this Schedule apply in relation to insurance undertaken by the Commonwealth on or after the commencement of this Schedule.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 19 September 2019

House of Representatives on 28 November 2019]

 

(179/19)

 

Overview

The Defence Service Homes Amendment Act 2019 was enacted by the Parliament of Australia to amend the Defence Service Homes Act 1918. This legislation aims to refine the definition of eligible recipients for insurance coverage under the Act, thereby ensuring that the scope of protection is appropriately aligned with the needs of current and former members of the Defence Force and Peacekeeping Forces, as well as their widows and widowers. The Act also revises the types of insurance that the Commonwealth can undertake to include specific coverage for dwelling-houses, retirement village rights of residence, and related building materials and improvements, while omitting certain previously covered items such as houses, land, building materials, and improvements. The changes are intended to provide clearer and more targeted insurance provisions that better serve the intended beneficiaries. The Defence Service Homes Amendment Act 2019 came into effect on 1 January 2020, aligning with the broader legislative framework that it modifies. The amendments introduced by this Act apply to any insurance undertaken by the Commonwealth on or after the commencement of the Schedule, ensuring that the new provisions are prospectively effective. The policy objective behind these amendments is to enhance the clarity and effectiveness of the insurance scheme for Defence Force members and their families, thereby supporting their housing and retirement needs more effectively.

Scope and Application

The Defence Service Homes Amendment Act 2019 amends the Defence Service Homes Act 1918, which primarily focuses on the provision of housing assistance to eligible recipients, including members of the Defence Force, former members of the Defence Force, members of a Peacekeeping Force, former members of a Peacekeeping Force, and widows or widowers of individuals covered under these categories. The Act applies to the Commonwealth and governs the insurance of dwelling-houses, rights of residence in retirement villages, and associated building materials and improvements for eligible recipients. The amendments introduced by the Act are applicable to insurance undertaken by the Commonwealth on or after the commencement of the Schedule, which is 1 January 2020. The Act does not specify any exclusions or thresholds but allows for the extension or restriction of its application through subordinate instruments.

Key Provisions

The Defence Service Homes Amendment Act 2019 (C2019A00112) amends the Defence Service Homes Act 1918, introducing several key changes to the insurance provisions available to eligible recipients. Under the new Section 4(1), an "eligible recipient" is defined as a member or former member of the Defence Force or a Peacekeeping Force, or a widow or widower of such a member. The definition of "member of a Peacekeeping Force" is as outlined in Part IV of the Veterans’ Entitlements Act 1986. The Act removes the previous reference to insurance of houses, land, building materials, and improvements from Section 38. It also repeals Section 38C and substitutes it with a new Section 38C, which allows the Commonwealth to undertake insurance of, or in relation to, dwelling-houses, building materials, and structural improvements on sites where such houses or improvements are located or to be located, as well as rights of residence in retirement villages. The Act imposes specific obligations on the Commonwealth regarding the insurance of dwelling-houses and rights of residence in retirement villages for eligible recipients. The Commonwealth is authorised to undertake insurance of these properties and related materials and improvements. Additionally, the Act mandates that the Secretary must give reasonable notice in writing to all interested parties if the insurance is set to cease due to the death of an eligible recipient, unless the recipient is survived by a widow or widower. This notice is not considered a legislative instrument and must specify the day on which the insurance will cease to have effect. Furthermore, the Act repeals Sections 38CA, 38CAA, 38D, 38EA, 38EAA, and 38FA, aligning the legislative framework with the new provisions. For breaches of the provisions outlined in the Defence Service Homes Amendment Act 2019, the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences. However, the failure to comply with the requirements, such as not providing the mandated notice to interested parties when insurance is set to cease, could potentially lead to legal actions or administrative penalties under the broader legislative framework governing insurance and veterans' entitlements. The absence of specific penalties in the Act implies that any breaches may be subject to the general legal consequences applicable to administrative or contractual obligations under Australian law.

Legal classification tags

Area of Law
Veterans Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
Insurance Law
Rights & Protections

Interactions

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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.