1. Sections 1 to 4 and anything in this Instrument not elsewhere covered by this table.

10 November 2022

2. Schedules 1 to 4 and Schedules 6 and 7

10 November 2022

3. Schedule 5

2 February 2023

1

After section 1.3.74

Add:

1.

Suitable accommodation means accommodation that meets all of the following.

a.

It is in the member's posting location.

b.

It can accommodate the member, any dependants, and any adult children.

c.

If it is not a rented home or own home — it has the rent band that applies to the member under section 7.6.13.

d.

It is available within a reasonable time.

e.

Accommodation that, in relation to the member’s situation in column A of the following table, is a type of accommodation listed in column B of the same item.

Item

Column A

Member situation

Column B

Type of accommodation

1.

They are one of the following.

a.     A member with dependants.

b.    A member without dependants who has an adult child.

Any of the following.

a.      The member’s suitable own home.

b.      A suitable Service residence.

c.      A home for which rent allowance is payable.

2.

The member is a member with dependants (unaccompanied).

a.  For the member, any of the following.

i.   Suitable living‑in accommodation.

ii. A rented home for which rent allowance is payable.

iii. A surplus Service residence.

iv.             Accommodation provided under Part 7.

v. An appointment, tied or assigned Service residence under Part 6 Division 6.

b.  For the member's dependants the accommodation that was approved as suitable for them to live in at the losing location.

3.

The member meets all the following.

a.   They are a member with dependants (unaccompanied).

b.  They have dependants at a personal location for which housing assistance benefits are not provided.

Any of the following.

a.   Suitable living‑in accommodation.

b.  A rented home for which rent allowance is payable.

c.   A surplus Service residence.

d.  Accommodation provided under Part 7.

4.

The member is a member without dependants.

Any of the following.

a.  The member’s suitable own home.

b.  Suitable living‑in accommodation.

c.  A rented home for which rent allowance is payable.

d.  A surplus Service residence.

e.  Accommodation provided under Part 7.

f.   An appointment, tied or assigned Service residence under Part 6 Division 6.

Note: Section 7.5.2 provides different definition of Suitable accommodation for the purpose of Chapter 7 Part 5.

2

Section 2.3.4

Omit “both these”, substitute “all of the following”.

3

Paragraph 2.3.4.b

Omit “two years of”, substitute “2 years”.

4

Subsection 2.3.5.1

Omit “these amounts”, substitute “any of the following amounts”.

5

Section 2.3.22 (heading)

Omit “a”.

6

Paragraph 2.3.22.2.a

Omit “two”, substitute “2”.

7

Paragraph 2.3.22.2.c

Before “receiving”, omit “the”.

8

Section 3.2.35 (heading)

Omit “pay grade”, substitute “pay grade”.

9

Subsection 3.2.43.3

Omit “section 3.2.44”, substitute “paragraph 1.b”.

10

Subsection 3.5.10.3

Before “member’s”, insert “a”.

11

Paragraph 3.5.70.2.c

Repeal the paragraph, substitute:

c.

It is counted as a period of effective service under subsection 3.

12

Paragraph 6.5.5.1.g

Omit “military area”, substitute “Military Area”.

13

Subparagraph 6.5.5.1.g.i

Omit “section”, substitute “subsection”.

14

Section 6.5.27

Repeal the section, substitute:

A member is eligible for a removal of their dependant’s furniture and effects if all of the following apply.

a.

The member is a member with dependants (unaccompanied).

b.

The member is expected to serve at least 6 more months in their posting location.

c.

The member’s dependant lives in the member’s losing location.

Note: For members whose dependant has been moved to a personal location, removals for reuniting with the member are provided in Division 3.

15

Subsection 6.5.46.4

Repeal the table, substitute:

Item

Column A

Member situation

Column B

Time of removal

Column C

Conditions

1.

The member requests to be removed before ceasing continuous full‑time service and table item 2 does not apply.

Any time during the final 12 months of the member's continuous full‑time service.

The member must have received a discharge authority.

2.

The member requests to be removed before ceasing continuous full time service for one of the following reasons.

a.     The removal is required as a result of a dependant’s illness that is confirmed by a medical practitioner.

b.    Suitable accommodation is not available in the member’s posting location.

c.     Suitable secondary or higher education for the member’s child is not available in their posting location.

d.    There are exceptional reasons that require the member to move.

Any time before the member ceases continuous full‑time service.

All of the following.

a.     The member must have received a discharge authority.

b.    The CDF must be satisfied that, having considered the member’s request, the removal is reasonable.

3.

The member has ceased continuous full-time service.

One of the following.

a.     Up to 24 months from the day the member ceases continuous full-time service.

b.    A later day that the CDF considers reasonable after considering the member’s circumstances.

16

Subsection 6.5.72.2

Omit “subparagraph 7.6.4.1.b.iii”, substitute “subparagraph 7.6.4.1.b.iv”.

17

Section 7.1.14 (definition of suitable accommodation)

Repeal the definition.

18

Section 7.1.17A

Repeal the section.

19

Section 7.2.2

At the end of the section, add:

Note: A member has an obligation to notify Defence Housing Australia if they do either of the following.

a.     Own a residential property under section 1.5.3.

b.    Buy or sell a residential property in or near their posting location under section 1.5.4.

20

Section 7.2.7

Repeal the section.

21

Section 7.2.8

Repeal the section.

22

Subsection 7.2.15.3

Omit “Director”, substitute “Operations Manager”.

23

Section 7.2.17

Repeal the section, substitute:

A member who is not eligible for housing assistance under section 7.2.15 is eligible for housing assistance if the CDF is satisfied the member has done all of the following.

a.

Notified the tenant in writing at the earliest practicable date that the lease is to be terminated.

b.

Taken any other formal steps under the relevant State or Territory legislation necessary to obtain vacant possession of the home.

c.

Advised the Defence Housing Australia Regional Office in writing of all of the following.

i.

The earliest date that they are able to live in the home.

ii.

The reason a release clause was not included in the fixed term lease.

iii.

The length of the lease and the date it was signed.

iv.

The actions taken to be able to obtain vacant possession of, and live in, the home.

24

At the end of section 7.3.4 (Definitions)

Add:

An eligible person has purchased a home when they do any of the following.

a.

Sign a contract to purchase it.

b.

Sign an agreement for it to be built.

c.

Begin to build it, if they are an owner‑builder.

25

Section 7.3.7

Repeal the section.

26

Section 7.3.9

Repeal the section.

27

Paragraph 7.3.30.1.d

Repeal the paragraph, substitute:

d.

The contract for the sale of the home was signed by an eligible person between the following days.

i.

The day that is 12 months before the day the member ceased continuous full‑time service.

ii.

The days that is 24 months after the day the member ceased continuous full‑time service.

28

Section 7.3.31

Repeal the section, substitute:

1.

A reimbursement for a cost listed in column A of the following table is the actual amount up to the amount set out in Column B of the same item.

Item

Column A

Member costs

Column B

Reimbursement

1.

Professional fees and disbursements for the purchase or sale.

The amount generally charged by a solicitor or land broker in the State or Territory where the home is located.

2.

Professional fees and disbursements for, or discharge of, a related mortgage, including those incurred by the mortgagee.

The amount generally charged by a solicitor or land broker in the State or Territory where the home is located.

3.

Costs incurred in items 1 or 2 above where a solicitor or land broker was not engaged, but does not include any procurement fee paid to negotiate the mortgage.

Reasonable costs.

4.

Agent’s commission for the purchase of the home on behalf of the member or eligible person.

The amount generally charged by an agent in the State or Territory where the home is located.

5.

Agent or auctioneer’s commission, fees or advertising expenses for the sale of the home.

The amount generally charged by an agent or auctioneer in the State or Territory where the home is located.

6.

Advertising costs for the sale of the home where an agent or auctioneer was not engaged.

10% of the amount generally charged by an agent or auctioneer in the State or Territory where the home is located.

7.

Amount paid to a mortgagee, in addition to the principal sum and interest due under the mortgage, for early discharge of mortgage on the sale.

The amount equal to 6 months interest at the rate payable on the date of the discharge of mortgage.

8.

Mortgage insurance for the purchase a mortgagee requires the member or eligible person to pay.

Mortgage insurance for a loan amount up to and including the purchase price of the home a mortgagee requires the member or eligible member to pay.

9.

Government duties or fees for the purchase or sale, or related mortgage or discharge of mortgage.

The amount generally charged by a government authority in the State or Territory where the home is located.

2.

If Goods and Services Tax is included in a cost in items 1 to 8 of the table in subsection 1, the reimbursement includes the Goods and Services Tax.

3.

If a person, who is not a dependant, holds a registered proprietary interest in a home with a member, the member is eligible for a share of the total reimbursement amount proportionate to the interest held by the member.

4.

The costs under subsection 1 must be assessed as reasonable by a legal firm contracted by the Commonwealth to provide this advice.

5.

In this section, auctioneer means a person registered or licensed under relevant State or Territory laws to conduct business as an auctioneer.

6.

In this section, professional fees and disbursements means fees that meet both of the following.

a.

They are fees for work performed by a solicitor, land broker or conveyancer connected with a purchase or sale, and related disbursements that include any of the following.

i.

Fees for a valuation, pest inspection, building inspection, survey or similar.

ii.

Fees that are incurred by the solicitor, land broker or conveyancer on behalf of a member or eligible person.

iii.

Mandatory fees imposed by relevant State or Territory local authorities.

b.

They are not fees for arranging or negotiating a mortgage.

29

Paragraph 7.5.6.1.c

Omit “Director”, substitute “Operations Manager”.

30

Subsection 7.5.11.2

Omit “Director”, substitute “Operations Manager”.

31

Section 7.6.8

Repeal the section, substitute:

If a member has a resident child carer, the member must inform their unit administrator in writing of all of the following.

a.

The day when the resident child carer moves in to the home.

b.

The day when the resident child carer moves out of the home.

32

Subsection 7.6.38.3

Omit “Director”, substitute “Operations Manager”.

33

Section 7.7.3

Repeal the section, substitute:

In this Part, the following apply.

Defence Housing Australia decision‑maker means any of the following Defence Housing Australia employees who are able to act as decision‑makers under this Part.

a.

Regional Operations Manager.

b.

Assistant Regional Operations Manager.

c.

Director of Service Operations.

d.

Contact Centre Operations Manager.

e.

Defence Housing Australia Contact Centre Consultant.

Rent ceiling has the same meaning given in section 7.8.10.

34

Subsection 7.7.11.3

Omit “Director”, substitute “Operations Manager”.

35

Subsection 7.7.17.6

Omit “Director”, substitute “Operations Manager”.

36

Subsection 7.7.21.4

Omit “Director”, substitute “Operations Manager”.

37

Subsection 7.8.20.4

Omit “Director”, substitute “Operations Manager”.

38

Subsection 7.8.21.3

Omit “Director”, substitute “Operations Manager”.

39

Subsection 7.8.22.3

Omit “Director”, substitute “Operations Manager”.

40

Subsection 7.8.23.3

Omit “Director”, substitute “Operations Manager”.

41

Subsection 7.8.31.3

Omit “Director”, substitute “Operations Manager”.

42

Section 7.8.38

Omit “Director”, substitute “Operations Manager” (wherever occurring).

43

Section 7.8.39

Repeal the section, substitute:

1.

The member's eligibility for rent allowance will cease if they fail to comply with all of the requirements under subsection 7.8.38.2, unless subsection 7.8.38.4 applies.

2.

If the member’s eligibility for rent allowance has ceased under subsection 1, the member’s eligibility for rent allowance recommences when all of the following have been met.

a.

The member complies with the request under paragraph 7.8.38.2.a.

b.

The Defence Housing Australia Regional Operations Manager is satisfied that the member has reasonable grounds for not responding within the time provided under paragraph 7.8.38.2.b.

44

Section 7.8.44

Repeal the section, substitute:

1.

A member who receives an advance payment under this Division 6 must provide the Defence Housing Australia Regional Operations Manager documents to demonstrate that it was spent for the intended purpose.

2.

The documents under subsection 1 must be provided within 14 days of entering into a lease.

45

Subsection 7.10.12.1

Omit “Director”, substitute “Operations Manager”.

46

Paragraph 8.3.6.5.b

Omit “either of the follow”, substitute “any of the following”.

47

Paragraph 9.5.33.c

Repeal the paragraph.

48

Paragraph 15.1.10.6.b

Omit “significant”, substitute “significance”.

49

Paragraph 16.4.11.1.a

Omit “county”, substitute “country”.

1

Subsection 4.10.4.1

Repeal the subsection, substitute.

1.

The member is eligible to be reimbursed the cost of an additional risk premium for a life insurance policy.

1A.

The maximum amount of the reimbursement is a combined total of $2,715 paid in a financial year.

Note: The member may have more than one life insurance policy, but the combined total must not exceed the maximum amount.

1

Subsection 8.4.8.1

Omit “the academic standards of the new school”, substitute “and maintain their academic standards at the new school so that they don’t fall behind academically due to posting”.

2

Subsection 8.4.8.2

Repeal the subsection.

3

After section 8.4.8

Insert:

This Division applies to a child who moves between the following schools.

a.

The first year of compulsory schooling — primary school.

b.

Primary school — primary school.

c.

Primary school — secondary school.

d.

Secondary school — secondary school.

4

Subparagraph 8.4.9.b.iii

Omit “attend”, substitute “are enrolled in”.

5

Paragraph 8.4.9.c

Omit "certifies", substitute “provides evidence on the approved form of”.

6

Subparagraph 8.4.9.c.iii

Omit "or tuition".

7

Paragraph 8.4.9.c (note)

Repeal the note.

8

Section 8.4.10

Repeal the section, substitute:

1.

This section applies to a member whose child is a dependant and receives tutoring that is conducted in person between the child and the tutor.

2.

A member who has a child who meets a condition in column A of the following table is eligible for assistance with tuition up to the number of hours under column B of the same item.

Item

Column A

Conditions

Column B

Maximum hours

1.

The child has studied the subject before and the subject is offered at the new school.

14 hours

2.

The child has not studied the subject before and the subject is offered at the new school.

26 hours

3.

The child meets both of the following and the subject is not offered at the new school.

a.  The child is in Year 10, 11 or 12.

b.  The child needs to study the subject, as it is essential to their career aims.

40 hours

3.

For the purpose of subsection 2, the maximum amount a member can be reimbursed is $112 an hour for each subject.

4.

The benefit under this section may be paid directly to the tutor if the CDF is satisfied that the member is unavailable due to service requirements.

9

Subsection 8.4.11.3 (formula)

Omit “certified”, substitute “referred to in evidence provided”.

10

Subsection 8.4.11.3 (formula)

Omit “face‑to‑face tutoring”, substitute “one‑on‑one tutoring”.

11

After subsection 8.4.14.1

Insert:

2.

A member who has a child who is a dependant with special needs is eligible for up to 14 hours of a therapy service if all of the following apply.

a.

The therapy service is not provided by the school.

b.

The therapy service is critical to the educational progress of the child.

c.

The therapy service was provided to the child at the previous location.

d.

The therapy service is provided within 18 months of the child starting at the new school.

e.

The therapy service is provided by a qualified person or accredited organisation.

12

Subsections 8.4.14.3 and 4

Repeal the subsections, substitute:

3.

If subsection 2 applies, the maximum benefit payable for a therapy service is $112 an hour for each service.

4.

A member who has a child who is a dependant with special needs is eligible for the reimbursement of up to $826 for the cost of an assessment of their needs if all of the following apply.

a.

The assessment is critical to the development of an educational program for the child.

b.

The assessment is undertaken by a non‑government service provider.

13

Section 8.4.15

Repeal the section, substitute:

The maximum number of hours of education assistance benefits can be extended by up to 14 hours for each subject or therapy service if the CDF is satisfied of all of the following.

a.

The child requires further tuition or therapy to sustain academic performance.

b.

The principal of, or the child’s teacher at, the new school has provided evidence that an extension is required because the child has not reached their academic standards.

c.

The benefit to be extended was provided under one of the following.

i.

Subsection 8.4.10.2 table item 1.

ii.

Subsection 8.4.14.2.

14

Chapter 8 Part 4 Division 5 (heading)

Omit “location of residence”, substitute “posting location or dependant’s personal location”.

15

Section 8.4.23

Repeal the section, substitute:

This Division assists members with the accommodation costs of a child in tertiary education when they are living away from home.

16

Subparagraph 8.4.24.1.a.iii

Omit “location of residence”, substitute “posting location or the dependant’s personal location”.

17

Subparagraph 8.4.24.1.a.iv (note)

Repeal the note.

18

Paragraph 8.4.24.2.a

Omit “location of residence”, substitute “posting location or the dependant’s personal location”.

19

Paragraph 8.4.25.2.b (exception)

Repeal the exception.

20

Paragraph 8.4.25.3.a

Repeal the paragraph, substitute:

a.

Accommodation costs during course breaks that occur at the end of a semester or academic year, unless the student has a fixed term lease arrangement that requires the student to pay rent during such course breaks.

1

Subsection 9.4.26.4

Repeal the subsection, substitute:

4.

A member without dependants accrues remote location leave travel at the following rate if the CDF is satisfied the member is reasonably likely to serve in the remote location for 12 months.

a.

If the member is serving in a location that attracts ADF District allowance at the Grade A rate — one travel benefit at the start of every 12 month period.

b.

If the member is serving in any other remote location — 2 travel benefits at the start of every 12 month period.

2

Subsection 9.4.27.4

Repeal the subsection, substitute:

4.

A member with dependants (unaccompanied) accrues remote location leave travel at the following rate if the CDF is satisfied the member is reasonably likely to serve in the remote location for 12 months.

a.

If the member is serving in a location that attracts ADF District allowance at the Grade A rate — one travel benefit at the start of every 12 month period.

b.

If the member is serving in any other remote location — 2 travel benefits at the start of every 12 month period.

3

Subsection 9.4.29.2

Repeal the subsection, substitute:

2.

A member is eligible for remote location leave travel benefits for themselves and their dependants if the CDF is satisfied that the member is reasonably likely to serve in the location for 12 months.

4

Subsection 9.4.29.3

Repeal the subsection, substitute:

3.

The member accrues remote location leave travel at the start of every 12 month period at the following rate.

a.

If the member or their dependant have a Scheme A remote location leave travel benefit — one of the following.

i.

If the member is serving in a location that attracts ADF District allowance at the Grade A rate — one travel benefit per person.

ii.

If the member is serving in any other remote location — 2 travel benefits per person.

b.

If the member or their dependant have a Scheme B remote location leave travel benefit — one travel benefit per person.

5

Subsection 9.4.29.4

Repeal the subsection.

6

Subsection 9.4.34.2

Repeal the subsection, substitute:

2.

Remote location leave travel benefits lapse on the following days.

a.

If the benefit a member has accrued is for themselves — the earlier of the following.

i.

The day before the member accrues the next remote location leave travel benefit for themselves.

ii.

The last day of the member's posting to the remote location.

b.

If the benefit a member has accrued is for their dependant — the earlier of the following.

i.

The day before the member accrues the next remote location leave travel benefit for the dependant.

ii.

The day before the dependant leaves the remote location.

iii.

The day the dependant ceases to be a dependant of the member.

3.

Despite subsection 2, a benefit that has been deferred under section 9.4.35 does not lapse during the period of deferral.

7

Subsection 9.4.37.2

Repeal the subsection, substitute:

2.

Despite subsection 9.4.29.3, the member who arrives in the remote location second accrues remote location leave travel benefits at the following times.

a.

The member’s first benefit accrues on the day they arrive in the remote location.

b.

The member’s second and subsequent benefits accrue on the same day as the member who arrived in the remote location first.

3.

The member accrues remote location leave travel benefits at the following rate.

a.

If the member or their dependant have a Scheme A remote location leave travel benefit — one of the following.

i.

If the member is serving in a location that attracts ADF District allowance at the Grade A rate — one travel benefit per person.

ii.

If the member is serving in any other remote location — 2 travel benefits per person.

b.

If the member or their dependant have a Scheme B remote location leave travel benefit — one travel benefit per person.

1

Subsection 9.6.26.1

Omit “0.9”, substitute “0.96”.

1

Annex 12.3.B

After table item 45, insert:

45A.

SWEDEN

Stockholm

2

Annex 15.6.A

After table item 36, insert:

36A.

Sweden

Stockholm International School

Stockholm International School

Stockholm International School

3

Subsection 17.7.6.1 (table)

Repeal the table, substitute:

Item

Column A

Operation

Column B

Specified area

Column C

Daily rate of allowance

(AUD)

1.

ACCORDION

Bahrain, Qatar and United Arab Emirates

97.17

2.

ASLAN

South Sudan

178.36

3.

AUGURY

Afghanistan, Iraq and Syria

178.36

Jordan

United Arab Emirates

97.17

3A.

LILIA

The land, territorial waters and superjacent airspace of the Solomon Islands

138.02

4.

LITTEN

Libyan territorial waters

151.55

5.

MANITOU

The seas and superjacent airspace of:

a.  the Arabian Sea;

b.  the Gulf of Aden;

c.  the Gulf of Aqaba;

d.  the Gulf of Oman;

e.  the Gulf of Suez;

f.   the Persian Gulf;

g.  the Red Sea; and

h.  the Indian Ocean north of Latitude 15 degrees South and west of Longitude 70 degrees East.

This includes the ports adjacent and the area within a 10 kilometre radius of each port.

97.17

6.

MAZURKA

Egypt between the east bank of the Suez Canal and the international boundary between Egypt and Israel established by the peace treaty between Egypt and Israel signed in Washington on 26 March 1979, and an adjoining area extending 5km into Israel.

151.55

7.

OKRA

Iraq and Syria

178.36

Any of the following.

a.  the Kingdom of Bahrain;

b.  Cyprus;

c.  the Hashemite Kingdom of Jordan;

d.  Kuwait;

e.  the Persian Gulf;

f.  the State of Qatar;

g.  the United Arab Emirates; and

h.  the land territory of Turkey east of Longitude 35° East.

97.17

8.

ORENDA

The land territory and superjacent airspace of Mali

178.36

9.

PALADIN

The total land area, territorial

waters and superjacent

airspace within the

internationally recognised

boundaries of Israel, Jordan,

Syria, Lebanon and Egypt

97.17

10.

STEADFAST

Iraq

178.36

11.

Any other operation in accordance with subsection 17.7.5.2

Not applicable.

A rate approved by the Minister for Defence that is between 56.17 and 267.54.

In Schedule 4, the following apply.

Dependant has the same meaning given by section 1.3.83 of the Defence Determination.

Defence Determination means Defence Determination 2016/19, Conditions of service, as in force from time to time.

A member’s dependant lives in a personal location with benefits if the member meets all of the following.

a.

The member was posted to a remote location before leaving on a posting to another remote location or a non‑remote location.

b.

The member is categorised as a member with dependants (unaccompanied).

c.

The member's dependant remained in the remote location to which the member was originally posted under subclause a.

Leave benefit means a remote location leave travel benefit under Chapter 9 Part 4 Division 4 of the Defence Determination.

Remote location has the same meaning given by section 1.3.65 of the Defence Determination.

1.

This clause applies to a member who meets all of the following.

a.

They meet one of the following.  

i.

They are serving in a location that attracts ADF district allowance at the Grade A rate under Chapter 4 Part 4 of the Defence Determination. 

ii.

Their dependants are living in a remote location that is a personal location with benefits.

b.

On the day this determination commences, they have an unused Scheme A leave benefit.

2.

The date the unused leave benefit lapses is the earlier of the following.

a.

If the unused leave benefit the member accrued was for themselves — the earlier of the following.

i.

12 months after the day the member accrues the next leave benefit for themselves.

ii.

The last day of the member's posting to the remote location.

b.

If the unused leave benefit the member accrued was for their dependant — the earlier of the following.

i.

12 months after the day the member accrues the next leave benefit for the dependant.

ii.

The day before the dependant leaves the remote location.

iii.

The day the dependant ceases to be a dependant of the member.