Defence Determination, Conditions of service Amendment (Sydney/Holsworthy housing scheme and food allowance) Determination 2019 (No. 17)

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Defence Determination, Conditions of service Amendment (Sydney/Holsworthy housing scheme and food allowance) Determination 2019 (No. 17)

- F2019L00892
No longer in force

Determinations/Other as made

This determination amends the Defence Determination 2016/19, Conditions of service to remove references to the Sydney/Holsworthy housing scheme from the concept of posting location. In its place, the policy intent behind the Sydney/Holsworthy housing scheme is provided for by making adjustments to the rent ceiling for affected members of the Australian Defence Force living in member choice accommodation or in receipt of rent allowance and to ensure that food allowance is payable to a member on days where they may receive less than three meals a day at Commonwealth expense.

Administered by: Defence

Registered

27 Jun 2019

Tabling History	Date
Tabled HR	02-Jul-2019
Tabled Senate	02-Jul-2019

Date of repeal

17 Sep 2019

Repealed by

Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Commonwealth Coat of Arms of Australia

Defence Determination, Conditions of service Amendment (Sydney/Holsworthy housing scheme and food allowance) Determination 2019 (No. 17)

I, FIONA LOUISE McSPEERIN, Assistant Secretary, People Policy and Employment Conditions, make the following Determination under section 58B of the Defence Act 1903.

Dated 24 June 2019

F L McSPEERIN

Assistant Secretary
People Policy and Employment Conditions
Defence People Group

Contents

1 Name........................................................................................................................................ 1

2 Commencement........................................................................................................................ 1

3 Authority.................................................................................................................................. 1

4 Schedules................................................................................................................................. 1

Schedule 1—Sydney/Holsworthy housing scheme amendment

Defence Determination 2016/19, Conditions of service 2

Schedule 2—Food allowance amendment

Defence Determination 2016/19, Conditions of service 4

1 Name

This instrument is the Defence Determination, Conditions of service Amendment (Sydney/Holsworthy housing scheme and food allowance) Determination 2019 (No. 17).

2 Commencement

This instrument commences on 11 July 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—Sydney/Holsworthy housing scheme amendment

Defence Determination 2016/19, Conditions of service

1		Section 7.1.15 (Posting location), table
		Omit entry for item 11.
2		Section 7.1.16 (Sydney/Holsworthy housing scheme member)
		Omit the section.
3		Subparagraph 7.6.4.1.b.i (Suitable Service residence), notes
		Omit "1. For Sydney/Holsworthy housing scheme members — this may be the extended Holsworthy location in accordance with section 7.1.16, the posting location is taken to be Sydney.”
4		Subsection 7.7.13.1 (Rent ceilings)
		Omit the subsection, substitute:
1.		A member who occupies accommodation under this Part has the rent ceiling specified in column B that corresponds with their circumstances in column A of the following table.
	Item		Column A If the member is...	Column B their fortnightly rent ceiling is...
	1.		living alone	the amount for the member's rank and location in Annex 7.E Part 2.
	2.		sharing the accommodation with another member	the amount for the member's rank and location in Annex 7.E Part 3.
	3.		sharing accommodation with a partner or other dependant under section 7.7.8.	the amount for their rank and location in either of the following references
				a.	Annex 7.E Part 1.2 if they live in 2 bedroom accommodation.
				b.	Annex 7.E Part 1.1 if they live in 3 bedroom or more accommodation.
	4.		in the Navy and meets all the criteria in subsection 7.7.13.1A	the rent ceiling that applied immediately before they were posted to 2 Commando Regiment.

1A.	For the purpose of item 4 of the table in subsection 1, the following criteria apply.
	a.	The member is posted to 2 Commando Regiment.
	b.	Immediately before being posted to 2 Commando Regiment, both of the following applied.
		i.	The member was posted to a location in Sydney.
		ii.	The member occupied accommodation provided under this Part.
	c.	The member is granted an extension of their posting location under paragraph 1.3.55.1.b. to include the location where the member lived immediately before being posted to 2 Commando Regiment.
	d.	The member continues to live in the accommodation they occupied immediately before being posted to 2 Commando Regiment.
5	Section 7.8.11 (No rent ceiling set for posting location)
	After the section, insert:

7.8.11A Rent ceiling for certain members of the Navy

A member’s rent ceiling is the rent ceiling that applied immediately before they were posted to 2 Commando Regiment if the member meets all of the following.
a.	They are a member of the Navy.
b.	They are posted to 2 Commando Regiment.
c.	Immediately before being posted to 2 Commando Regiment, both of the following applied.
	i.	They were posted to a location in Sydney.
	ii.	They occupied accommodation for which rent allowance was provided under this Part.
d.	They are granted an extension of their posting location under paragraph 1.3.55.1.b. to include the location where the member lived immediately before being posted to 2 Commando Regiment.
e.	They continue to live in the accommodation they occupied immediately before being posted to 2 Commando Regiment.

Schedule 2—Food allowance amendment

Defence Determination 2016/19, Conditions of service

1	Section 7.9.11 (Member not eligible for allowance)
	Omit the section, substitute:

7.9.11 Member not eligible for food allowance

1.	A member is not eligible for food allowance during any of the following periods.
	a.	A day on which the member is provided three meals by the Commonwealth.
	b.	A period of leave that exceeds one week, other than a period of medical absence granted under Chapter 5 Part 3 of this Determination during which the member remains in the posting location.
	c.	A period the member is eligible for temporary accommodation allowance and has not occupied a serviced apartment for more than one week.
	d.	A period the member is on a long-term posting overseas.
2.	For the purpose of paragraph 1.a, a member is provided a meal by the Commonwealth if they have received any of the following.
	a.	A meal provided at Commonwealth expense.
	b.	An amount, however described, provided by the Commonwealth for the purchase of a meal, other than food allowance provided under this Division.

Federal Register of Legislation - Australian Government

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