The purpose of the Defence Service Homes (DSH) Scheme is to provide assistance to serving and former members of the Australian Defence Force who, through their service, have been placed at a disadvantage compared with other members of the Australian community in acquiring a home.
These guidelines set out the specific requirements for determining eligibility in respect of each conflict and the types of peacetime service. In addition, topics which are relevant to all periods of qualifying service are listed separately.
Assistance under the Defence Service Homes Act 1918 (“the Act”) is limited to persons who:
(a) come within the definition of 'Eligible person' as set out in s.4 of the Act, or are the spouses or de facto partners of eligible persons who are temporarily or permanently insane [para.18(1)(a)];
(b) satisfy the Secretary that they or their spouse or de facto partner as the case may be are not the owners of any other house;
(c) intend to use the house as a home for themselves and their dependants except where nursing sisters intend to use the property as a hospital, sanatorium or nursing home;
(d) do not have outstanding liabilities under the War Service Land Settlement Scheme.
Assistance is not available to persons who received a cash grant or a payment instead of a cash grant from the Government.
A decision refusing to issue a notice of eligibility is a reviewable decision as defined in section 4 of the Act.
Subsection 15 (1) A person may apply to the Secretary for any of the following:
(a) a notice of eligibility;
...
Subsection 16(1) Where, on application by a person for a notice of eligibility, the Secretary is satisfied that the applicant is an eligible person, the Secretary shall issue to the applicant a notice of eligibility.
Subsection 16(2) A notice of eligibility shall state that the person named in the notice is, on the date of the notice, an eligible person.
Eligibility for assistance under the DSH Act is based on performing service in connection with various specified conflicts or in peacetime. The following table outlines the types of service and their relevant time-frames for the purposes of eligibility.
4-8-1914 to 31-8-1921 — FIRST WORLD WAR
3-9-1939 to 30-6-1951 — SECOND WORLD WAR (incl BCOF)
27-6-1950 to 31-8-1957 — KOREA
18-4-1956 to (ongoing)KOREA (DMZ)
28-4-1952 to 19-4-1956 — JAPAN
29-6-1950 to 31-8-1957 — MALAYA/SINGAPORE
2-7-1955 to 27-5-1963 — FAR EAST STRATEGIC RESERVE
1-9-1957 to 27-5-1963 — MALAYA/SINGAPORE
25-1-1962 to 29-1-1962 — VIETNAM (HMAS VAMPIRE & QUICKMATCH)
31-5-1962 to 31-8-1968 — NORTH EAST THAILAND (incl UBON)
31-7-1962 to 11-1-1973 — SOUTH EAST ASIA
(comprises Sth Vietnam, Northern Malaya, Sarawak, Brunei, Sabah, Malay Peninsula, Singapore, and associated waters as defined.)
12-1-1973 to 29-4-1975 — SOUTH VIETNAM
18-2-1989 to 10-4-1990 — NAMIBIA
2-8-1990 to 9-6-1991 GULF CRISIS (SURROUNDING WATERS)
23-2-1991 to 9-6-1991 KUWAIT / IRAQ
20-10-1991 to 7-10-1993 — CAMBODIA
12-1-1992 to 24-1-1997 — THE FORMER YUGOSLAVIA
20-10-1992 to 30-11-1994 — SOMALIA
16-9-1999 continuing — EAST TIMOR
11-10-2001 continuing — WAR ON TERRORISM (Afghanistan etc)
7-12-1972 NATIONAL SERVICEMAN serving on 7-12-1972 and completed his term of appointment.
7-12-1972 to 14-5-1985 — REGULAR SERVICEMAN serving on or after 7-12-1972: needs 3 years service as defined.
Service commencing on or after 17-8-1977 needs 6 years service plus ongoing service as defined.
Service after 14-5-1985 needs 6 years service plus ongoing service as defined, as well as first serving in ADF on or before 14-5-1985.
The legislation provides that where the delegate is satisfied that the applicant for a notice of eligibility is an eligible person, the delegate shall issue a notice certifying that, on the date of issue, the applicant was an eligible person.
An application for a Notice of Eligibility shall be in writing. A Notice of Eligibility will be in the form of a letter (Form S3) as approved by the Secretary. The delegate's decision as to whether a person is an eligible person should be recorded on a Form S4 and in CELS.
In cases where service details are to be obtained from the Department of Defence, it is a requirement that the written consent of the applicant to the disclosure of the information is obtained beforehand.
Decisions refusing to issue a notice of eligibility are reviewable decisions within the meaning of the DSH legislation and reference should be made to GENERAL ORDERS - ADMINISTRATIVE FRAMEWORK & DECISION MAKING - Chapter 9 in particular.
A dependant (as defined) is an eligible person in her/his own right. Eligibility arises on the death of the person who has performed the qualifying service.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/18441%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/18430%23comment-form
[3] https://clik.dva.gov.au/user/login?destination=node/18625%23comment-form
[4] https://clik.dva.gov.au/user/login?destination=node/18295%23comment-form
[5] https://clik.dva.gov.au/user/login?destination=node/18354%23comment-form
[6] https://clik.dva.gov.au/user/login?destination=node/18170%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=node/18400%23comment-form