Defence Determination 2013/31, Temporary Accommodation Allowance Amendment

Defence Determination 2013/31, Temporary accommodation allowance – amendment

I, CHRISTON SCOTT CHAMLEY, Acting Director General People Policy and Employment Conditions, make this Determination under section 58B of the Defence Act 1903.
Dated 24 June2013
C S CHAMLEY
Acting Director General
People Policy and Employment Conditions
Defence People Group

PAGE INTENTIONALLY LEFT BLANK

1 Citation

1. / This Determination is Defence Determination 2013/31, Temporary accommodation allowance – amendment.
2. / This Determination may also be cited as Defence Determination 2013/31.

2 Commencement

This Determination commences onthe date of signature.

3 Amendment

Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.

4 Clause 7.4.2 (Definition – suitable accommodation)

after clause 7.4.2, insert

7.4.2A Definitions – the SAFE scheme

The following definitions apply in this Part.
Term / Definition in this Part
Member / For the purpose of this Part, the term member includes any person described in subclause 7.4.5.3.This has the effect of extending the benefits in this Part to a person granted accommodation under the SAFE scheme.
See: Division 1 clause 7.4.5, Members entitled
The SAFE scheme / The SAFE scheme provides emergency assistance for persons who cannot remain in their home due to extreme domestic crisis. It may be known as the special accommodation for emergencies scheme(SAFE).
Examples:
a. / Domestic violence situations.
b. / Home invasion,burglary or other criminal activity.
Related Information: The following clauses are of particular relevance to a person granted accommodation under the SAFE scheme.
Item / Reference / Subject
1. / Subclause 7.4.5.3, Members entitled / Persons who may granted assistance under the SAFE scheme.
2. / Clause 7.4.5A, Approval under the SAFE scheme / Power to grant assistance under the SAFE scheme.
3. / Clause 7.4.19A, Rate of allowance –SAFE scheme / Benefits that may be paid.
4. / Clause 7.4.26, Rate of contribution, table item 4 / Exemption from contributions.

5 Clause 7.4.4 (Purpose)

omit
a member
insert
a member or a person in their household
omit
The member
insert
In most situations the member

6 Subclause 7.4.5.2 (Members entitled)

after subclause 7.4.5.2, insert
3. / Any of the following persons may begranted emergencyassistance under this Partunder the SAFE scheme.
a. / A member.
b. / A person in the member's household.
c. / A dependant of the member.

7 Clause 7.4.5 (Members entitled)

after clause 7.4.5, insert

7.4.5A Approval under the SAFE scheme

The CDF may approve emergency assistance for a person described in subclause 7.4.5.3.
Related Information: Emergency assistance is set out in Division 4 clause 7.4.19A, Rate of allowance – the SAFE scheme.

8

Subclause 7.4.9.1 (Conditions on entitlement)

substitute
1. / A member entitled to temporary accommodation allowance must pay a contribution for the accommodation to the Commonwealth.
Exception: A person granted accommodation under subclause 7.4.5A (the SAFE scheme)is not required to contribute.
See: Division 5 clause 7.4.26 for the amount of contribution to be paid.

Subclause 7.4.10.1 (CDF direction to stay in a specified place)

omit
apartment
insert
apartment in order to be eligible for temporary accommodation allowance

Subclause 7.4.10.3 (CDF direction to stay in a specified place)

omit
subclause 1
insert
directionsunder this clause

Subclause 7.4.11.2 (Serviced apartment preferred)

after subclause 7.4.11.2, insert
3. / This clause does not apply to a person given assistanceunder clause 7.4.5A (the SAFE scheme).

Subclause 7.4.12.1 (Member required to live in)

after subclause 7.4.12.1, insert
1A. / This clause does not apply to a person who is granted accommodation under clause 7.4.5A(the SAFE scheme).

Subclause 7.4.13.1 (Number of rooms in temporary accommodation)

after subclause 7.4.13.1, insert
Exception: This clause does not apply to a person who is granted accommodation under clause 7.4.5A(the SAFE scheme).

Subclause 7.4.14.1 (Start date of period of entitlement)

after subclause 7.4.14.1, insert
1A. / A person's period of entitlement to temporary accommodation allowance under the SAFE scheme starts on the day the CDF makes a decision under clause 7.4.5A.
Example: A dependant moves into emergency accommodation on Monday without getting approval first. They then apply for emergency accommodation assistance. On Tuesday the CDF approves the accommodation. Accommodation costs can be paid from Tuesday onwards.

Clause 7.4.15 (Length of period of entitlement), table item 3

after table item 3, insert
3A. / granted assistance under clause 7.4.5A(the SAFE scheme) / three nights.

Clause 7.4.15 (Length of period of entitlement), table

before the table in clause 7.4.15, insert
Related Information: These periods may be extended. See clause 7.4.18, Extension of period of entitlement.

Subclause 7.4.17.1 (Member temporarily out of a residence)

after subclause7.4.17.1, insert
1A. / This clause does not apply to a personwho is granted assistance under clause 7.4.5A(the SAFE scheme).

Subclause 7.4.19.1 (Rate of allowance – hotel or serviced apartment)

after subclause 1, insert
Exception: A person granted emergency assistance under clause 7.4.5A. See clause 7.4.19A, Rate of allowance –the SAFE scheme.

Clause 7.4.19 (Rate of allowance – hotel or serviced apartment)

after clause 7.4.19, insert

7.4.19A Amount of assistance –SAFE scheme

1. / This clause applies to a person who is given assistanceunder clause 7.4.5A (the SAFE scheme).
2. / The person may be provided with assistance within the limits described in the following table.
Item / Type / Limit of assistance and other conditions
1. / Any of the following accommodation types. / a. / The type of accommodation provided must be suited to the needs of any eligiblepersons.
a. / A hotel. / b. / The cost of the accommodation for all persons must not be more than the total of therelevant rate in Annex 9.5.A Part 2.
See: Part 5 Annex 9.5.A Part 2, Amounts for accommodation, meals and incidentals for travelling allowance and travel card
b. / A serviced apartment.
c. / The CDF may approve a higher rate of accommodation cost. The CDF must consider the following criteria.
i. / The number of persons who need accommodation.
ii. / The availability of accommodation at short notice.
2. / Meal costs. / a. / The CDF may approve payment for meals if the CDF believes the eligible adult does not have money for food.
b. / If the CDF has determined under paragraph a that meals are to be paid, the person is entitled to reimbursement of their actual meal costs.
Exceptions:
i. / Alcohol and minibar costs are not reimbursable.
ii. / The rates under clause 7.4.21are the maximum thatmay be paid for each meal. Clause 7.4.21 rates are taken to apply to all persons who are assisted under the SAFE scheme.
See: Clause 7.4.21, Meals – hotel or serviced apartment
3. / Incidental costs / These costs are not payable.
3. / The CDF may approve payment of other reasonable expenses related to the emergency accommodation. The CDF must consider both the following criteria.
a. / The person's circumstances.
b. / Alternatives available to the person when the expense was incurred.
Related Information:
1. Approval for accommodationunder the SAFE scheme is provided in Division 2 clause 7.4.5A, Approval under the SAFE scheme.
2. Subclause 7.4.9.1 exempts persons granted benefits under the SAFE scheme from having to make a contribution.

Subclause 7.4.20.1 (Standard of accommodation)

after subclause 7.4.20.1, insert
Related Information: Subclause 7.4.19A, table item 1, provides equivalent information for persons granted accommodation under the SAFE scheme.

Subclause 7.4.24.1 (Advance payment of allowance)

after subclause 7.4.24.1, insert
Exception: This clause does not apply to a person who is granted accommodation under clause 7.4.5A(the SAFE scheme).

Clause 7.4.26 (Rate of contribution), table item 3

after table item 3, insert
4. / assisted under clause 7.4.5A (the SAFE scheme).
See: Division 2 clause 7.4.5A, CDF direction to stay in a specified place / nil. / nil. / nil.
NOTE
1. / Defence Determination 2005/15, as amended to date. For previous amendments see Note
to Defence Determination 2013/1 and amendments made by Defence Determinations
2013/1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30.

EXPLANATORY STATEMENT

Defence Determination 2013/31

This Determination amends Defence Determination 2005/15, Conditions of service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter7 of the Principal Determination sets out provisions dealing with temporary accommodation allowance for members of the Australian Defence Force (ADF).

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

Clause 2 of this Determination provides that the Determination commences on the date of signature.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4 inserts a new clause 7.4.2A into the Principal Determination. The clause inserts two definitions that apply to the SAFE scheme.

Clause 5 varies clause 7.4.4 of the Principal Determination, which sets out the purpose of temporary accommodation allowance. The purpose has been modified slightly, to recognise that members or dependants accommodated under the SAFE scheme do not contribute towards costs.

Clause 6 inserts a new subclause 7.4.5.3 into the Principal Determination. The subclause inserts a new class of persons into those who are eligible for temporary accommodation.Those persons are those granted accommodation under the SAFE scheme. The scheme may apply to members,persons in the member's household, and the member's dependants.

Clause 7 inserts a clause 7.4.5A into the Principal Determination. The clause sets out a power to grant temporary accommodation allowance under the SAFE scheme.

Clause 8 substitutes subclause 7.4.9.1 of the Principal Determination. The subclause sets out the requirement for a member to contribute towards accommodation. An exception has been added, for persons granted accommodation under the SAFE scheme, who do not have to make a contribution.

Clause 9 varies subclause 7.4.10.1 of the Principal Determination which provides a power to direct a member to stay in a hotel or serviced apartment. It has been revised to limit the power to a temporary accommodation allowance context.

Clause 10 varies subclause 7.4.10.3 of the Principal Determination. The subclause sets out criteria to be considered when directing a member to stay in a hotel or serviced apartment. It has been reworked to strengthen the connection with the decision-making power.

Clause 11 inserts a new subclause 7.4.11.3 into the Principal Determination. The subclause exempts those granted accommodation under the SAFE scheme from having to occupy a serviced apartment. As SAFE accommodation can be very short-term, serviced apartments may not always be the most appropriate form of accommodation.

Clause 12 inserts a new subclause 7.4.12.1A into the Principal Determination. The new subclause exempts persons granted accommodation under the SAFE scheme from a requirement to use living-in accommodation instead of hotels or serviced apartments. Living-in accommodation is a military environment and is not suitable for families.

Clause 13 inserts a new exception into subclause 7.4.13.1 of the Principal Determination. The new subclause exempts persons granted accommodation under the SAFE scheme from the rules covering the number of rooms to be supplied. Due to the nature of emergencies it is felt that it is better to have a more flexible system to meet the needs of the eligible persons at the time of the emergency.

Clause 14 inserts a new subclause 7.4.14.1A into the Principal Determination. The subclause sets out when benefits under the SAFE scheme may commence.

Clause 15inserts a new table item 3A into the table in clause 7.4.15 of the Principal Determination. The table sets out the maximum period of temporary accommodation allowance that may be granted in various circumstances. The new item sets out a maximum for persons granted accommodation under the SAFE scheme.

Clause 16substitutesinserts a note into clause 7.4.15 of the Principal Determination to refer the reader to a related rule set. Clause 7.4.15 of the Principal Determination sets out maximum periods for a grant of temporary accommodation allowance. The cross reference is to clause 7.4.18 of the Principal Determination, which contains a power to extend these periods.

Clause 17inserts a new subclause 7.4.17.1A into the Principal Determination. The new subclause exempts the SAFE scheme from the rules covering renovation of a primary residence. The SAFE scheme is not available in this situation.

Clause 18inserts a new exception into subclause 7.4.19.1 of the Principal Determination. The exception exempts persons granted accommodation under the SAFE scheme from rules covering the calculation of temporary accommodation allowance. SAFE scheme payment calculation rules are given in the new clause 7.4.19A, provided for under clause 17.

Clause 19 inserts a new clause 7.4.19A into the Principal Determination. The clause sets out what payment may be made to persons granted accommodation under the SAFE scheme.

Clause 20 inserts a cross reference into subclause 7.4.20.1 of the Principal Determination. The cross reference alerts the reader to information concerning the level of suitable accommodation for persons under the SAFE scheme. This information is inserted by clause 17.

Clause 21inserts a new exception into subclause 7.4.24.1 of the Principal Determination. The exception prevents persons granted accommodation under the SAFE scheme from receiving their payment in advance. Due to the nature of emergencies advance planning is not possible.

Clause 22 inserts a new item 4 into the table in clause 7.4.26 of the Principal Determination. The new item exempts persons granted accommodation under the SAFE scheme from having to make a contribution.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review by means of appeal to the Defence Force Ombudsman.

Authority: Section 58B of the
Defence Act 1903

Statement of Compatibility with Human Rights

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

Defence Determination 2013/31, Temporary accommodation allowance – amendment

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

This Determination makes amendments to Defence Determination 2005/15, Conditions of Service.

The purpose of this Determination is to provide for short-term temporary accommodation in an emergency, for either members or their dependants. This is known as the SAFE schemeor the special accommodation for emergencies scheme. It may be used for a broad range of situations where emergency housing is needed, including criminal damage to the home and family breakdown.

Human rights implications

The provision of emergency accommodation engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 guarantees just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.It also engages Article 10 of that Covenant. Article 10 provides that the widest possible protection and assistance should be accorded to the family.

Right to the enjoyment of just and favourable conditions of work

Legitimate objective:This Determination provides for emergency housing for people who cannot remain in their home due to an extreme domestic crisis, to ensure safety in accordance with Article 7.

Reasonable, necessary and proportionate: It is in the nature of service in the Australian Defence Force (ADF) that members are posted to different locations on a frequent basis. As a result members and their families can have fewer connections to their local community than other Australians. When a housing emergency occurs it cannot be assumed that members have local friends or relatives who are able to provide accommodation. The SAFE scheme ensures that members and their families are promptly and safely accommodated during the crisis period.

Right to protection and assistance to the family

Legitimate objective: This Determination provides emergency housing to families when they are in extreme domestic crisis, to protect and assist them in accordance with Article 10.

Reasonable, necessary and proportionate: ADF service has features that make it unlike other employment types. Not only can families find themselves in unfamiliar locations, but they can also be without the ADF member when that member is deployed or temporarily working in another location. While any family can be in extreme domestic crisis, ADF families may be in extra need of protection and care. Housing is one of the benefits that is provided to protect ADF families. This may take several forms, including long-term housing, or as is provided by this Determination, emergency housing.

Conclusion

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

Christon Scott Chamley, Acting Director General People Policy and Employment Conditions