Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:3:p34
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 3 (pt 34/293)
Character Range: 1807974–1814082

day the member no longer lives at the Service residence.
    Note:  Once eligibility under this section ends, the member may choose to live in the Service residence under section 7.6.29 or 7.6.30 if it is a surplus Service residence.
2.  This section does not apply to a member who ceases to be eligible to occupy the Service residence under section 7.6.59B.

7.6.59B Dual serving couples on breakdown of relationship

1.  This section applies to a dual serving couple if all of the following have been met.
    a.                                                                                                                          Both members occupy the same Service residence.
    b.                                                                                                                          The relationship between the members has broken down.
    c.                                                                                                                          Both members request to continue occupation of the Service residence.
2.  Eligibility to occupy the Service residence ceases for the following member.
    a.                                                                                                                          If only one member will be residing with accompanied resident family or recognised other persons following the relationship breakdown, eligibility to occupy the Service residence ends for the other member.
    b.                                                                                                                          If any of the following apply as a result of the relationship breakdown, eligibility ends for the member who is not on the agreement with Defence Housing Australia.
                                                                                                                                i.                                                                                                                                                                                                              Both members will reside with accompanied resident family or recognised other persons.
                                                                                                                                ii.                                                                                                                                                                                                             Neither member will reside with accompanied resident family or recognised other persons.
    Note:  Members have access to other forms of housing assistance if their eligibility to occupy the Service residence ends.

7.6.59C Continued occupation of Service residence for recognised family on breakdown of relationship

1.  This section applies to a member who meets all of the following.
    a.                                                                                                                                                                                                                              The member and their partner's relationship breaks down.
    b.                                                                                                                                                                                                                              The member no longer occupies the Service residence.
    c.                                                                                                                                                                                                                              The member was occupying the Service residence with accompanied resident family or recognised other persons immediately before the breakdown of the relationship.
    d.                                                                                                                                                                                                                              The Service residence will continue to be occupied by at least one person who is the member's recognised family.
2.  The member's recognised family are eligible to occupy the Services residence beyond what is provided by subsection 7.6.59.3 for a period the decision maker is satisfied is reasonable after considering all of the following.
    a.                                                                                                                                                                                                                              The time needed for the persons to acquire new housing.
    b.                                                                                                                                                                                                                              The availability of other forms of accommodation that are suitable for the needs of the recognised family.
    Note:  Under Defence Housing Australia rules, carers or parents of children may occupy the property with the member's recognised family.
3.  Despite subsection 2, eligibility under this section ends when the member's recognised family no longer occupies the Service residence.
4.  In this section, decision maker means any of the following.
    a.                                                                                                                                                                                                                              An employee of DHA who performs the duties of any of the following.
                                                                                                                                                                                                                                    i.                                                                                                                                                                  Team Leader