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This is a Bill, not an Act. For current law, see the Acts databases.
HOUSING ASSISTANCE AMENDMENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Housing)
Housing
Assistance Amendment Bill 2008
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Housing)
Housing Assistance
Amendment Bill 2008
A Bill for
An Act to amend the
Housing Assistance Act
2007
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Housing Assistance Amendment Act 2008.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
This Act amends the Housing Assistance Act 2007.
4 Housing
commissioner—functionsNew section 11
(1) (a) (v)
insert
(v) affordable housing;
5 Housing
commissioner—delegationSection
17
after
this Act
insert
, other than under section 25A (2),
6 What
is a housing assistance
program?Section 18, definition of
housing assistance program
omit everything before paragraph (a), substitute
housing assistance program means a program (other than a
program under part 4A (Affordable and community housing) for providing housing
assistance that includes the following:
omit
Part 4A Affordable and community
housing
Division 4A.1 Affordable and community
housing providers
25A Affordable and community housing
providers—registration
(1) The housing commissioner may register an eligible entity
as—
(a) an affordable housing provider; or
(b) a community housing provider.
(2) The housing commissioner may determine a process for the registration
of housing providers.
Note Power to make a statutory instrument (including a regulation)
includes power to make different provision for different categories (see
Legislation Act, s 48).
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(4) The housing commissioner must not delegate the commissioner’s
function under subsection (2).
(5) The housing commissioner must prepare a written notice of a decision
to register an entity as an affordable housing provider or a community housing
provider.
(6) A notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
25B Affordable and community housing
providers—refusal to register
The housing commissioner must refuse to register an entity as a housing
provider if the entity does not satisfy the eligibility criteria.
Note Eligibility criteria for affordable and community housing
providers are set out in s 25F and s 25G.
25C Affordable and community housing
providers—register
(1) The housing commissioner must keep a register of—
(a) registered affordable housing providers; and
(b) registered community housing providers.
(2) The register must include the following information:
(a) the name and address of each housing provider;
(b) the name of a contact person for the housing provider;
(c) the telephone and fax numbers of the contact person;
(d) the date the housing provider is registered;
(e) whether the housing provider is registered as an affordable housing
provider or community housing provider;
(f) the conditions (if any) of the registration.
25D Public access—register
(1) The housing commissioner must make the register available for
inspection during ordinary office hours at the office of the housing
commissioner.
(2) A person may, without charge, inspect the register during ordinary
office hours.
(3) On request, the housing commissioner must give a person a copy of all,
or any part, of the register.
Note A fee may be determined under s 38 for
this provision.
25E Notice about changes of particulars in
register
(1) This section applies if the information about a registered housing
provider recorded in the register changes.
(2) The registered housing provider must tell the housing commissioner, in
writing, about the change within 14 days after the day the change
happens.
25F Affordable housing provider—eligibility
criteria
(1) An entity is eligible to be registered as an affordable housing
provider if the entity—
(a) is either—
(i) an incorporated body under the Corporations Act that
is—
(A) a company limited by guarantee; or
(B) a company limited by shares; or
(ii) incorporated under the Cooperatives Act 2002; and
(b) operates on a not-for-profit basis; and
(c) is registered as an exempt charity or public benevolent institution
under the Income Tax Assessment Act 1997 (Cwlth); and
(d) has a constitution—
(i) an objective of which is the provision of community or affordable
housing; and
(ii) that allows the board to approve financing of housing projects;
and
(e) is operating within an acceptable level of risk; and
(f) unless specifically excluded by the housing
commissioner—receives a benefit from the Territory as an affordable
housing provider.
(2) For subsection (1) (e), an entity is operating within an acceptable
level of risk if the housing commissioner is satisfied that the entity’s
operations are sound taking into consideration the level of risk to which the
operations are exposed in relation to the following:
(a) business planning;
(b) financial and risk management;
(c) service quality;
(d) portfolio planning;
(e) procurement of properties;
(f) land, housing development and property management.
25G Community housing provider—eligibility
criteria
An entity is eligible to be registered as a community housing provider if
the entity—
(a) is an incorporated body; and
(b) operates on a not-for-profit basis; and
(c) has a constitution an objective of which is to provide tenancy or
asset management services for—
(i) affordable housing; or
(ii) community housing; and
(d) manages not less than 10 properties; and
(e) satisfies the standards under section 25I.
25H Affordable and community housing
providers—trustees and subsidiaries
(1) The housing commissioner may register an eligible entity that acts as
trustee as an affordable housing provider, or community housing provider, if
satisfied that the role of trustee does not adversely affect the entity’s
ability to comply with the eligibility criteria.
(2) The housing commissioner may register an eligible entity that is a
subsidiary of a body other than an eligible entity as an affordable housing
provider, or community housing provider, if satisfied that the entity’s
status as a subsidiary does not adversely affect its ability to comply with the
eligibility criteria.
25I Community housing
providers—standards
(1) The housing commissioner may determine standards (the
standards) for a community housing provider.
Note Power to make a statutory instrument (including a regulation)
includes power to make different provision for different categories (see
Legislation Act, s 48).
(2) The standards may include, but are not limited to, provisions in
relation to the following:
(a) tenancy management;
(b) tenant rights and participation in the general management of community
housing provision;
(c) governance and organisational management;
(d) management systems, including human resource management.
(3) A standard is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
25J Community housing providers—compliance with
standards
A community housing provider must comply with the standards that apply to
the housing provider.
25K Affordable and community housing
providers—monitoring guidelines
(1) The housing commissioner may determine guidelines (the
monitoring guidelines) for monitoring the operation of affordable
and community housing providers.
Note Power to make a statutory instrument (including a regulation)
includes power to make different provision for different categories (see
Legislation Act, s 48).
(2) The housing commissioner may use the monitoring guidelines to decide
whether a provider continues to comply with the eligibility criteria for the
provider’s registration.
Note Eligibility criteria for affordable and community housing
providers are set out in s 25F and s 25G.
(3) Without limiting subsection (1), the monitoring guidelines may make
provision in relation to the following:
(a) compliance by a provider with the objects of the provider’s
constitution or rules;
(b) business planning;
(c) financial and risk management;
(d) service quality;
(e) portfolio planning;
(f) procurement of properties;
(g) land, housing development and property management.
(4) A guideline is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
Note 2 The housing commissioner’s power under this section
cannot be delegated (see s17).
25L Affordable and community housing
providers—compliance with monitoring guidelines
A housing provider must comply with the monitoring guidelines for the
housing provider.
25M Affordable and community housing
providers—monitoring standards, guidelines etc
The housing commissioner may monitor a registered housing provider’s
compliance with—
(a) for an affordable housing provider—the monitoring guidelines for
the provider; and
(b) for a community housing provider—
(i) the monitoring guidelines for the provider; and
(ii) the standards for the provider; and
(iii) any other standards prescribed by regulation.
25N Affordable and community housing
providers—report to housing commissioner
(1) A registered housing provider must report to the housing
commissioner—
(a) annually, not later than 28 days after the housing provider’s
annual general meeting; and
(b) at any other reasonable time if asked by the housing
commissioner.
(2) The report must include—
(a) the housing provider’s compliance with its objectives;
and
(b) information that supports the housing provider’s continued
compliance with the eligibility criteria for the provider’s registration;
and
(c) the housing provider’s financial statements and accounts;
and
(d) any other matter required under a contract to which the provider is a
party.
25O Affordable and community housing
providers—changes to constitution or rules
(1) This section applies if a registered housing provider proposes to
change its constitution or rules.
(2) The provider must, at least 28 days before the change to its
constitution or rules, apply to the housing commissioner for approval for the
change.
(3) The housing commissioner must refuse to approve a change to the
constitution or rules if satisfied that the change would make the provider
ineligible for registration.
(4) The housing commissioner must not unreasonably refuse to give approval
under this section.
25P Exemption from requirement or
approval—changes to constitution or rules
(1) A registered housing provider need not apply to the housing
commissioner for approval for a minor change to its constitution or
rules.
(2) The housing commissioner may determine what is a minor change to the
constitution or rules of a registered housing provider.
(3) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Division 4A.2 Affordable and community
housing programs
25Q Affordable and community housing
programs—housing commissioner may give assistance
(1) The housing commissioner or another Territory entity may give
assistance to a registered housing provider.
Examples—assistance by housing
commissioner
1 a grant of money
2 a transfer of land
3 a lease of land or property for use as long-term affordable rental
housing
4 a commercial partnership or joint venture between the housing
commissioner and registered housing provider
Examples—assistance by Territory
entity
1 a secured loan
2 a tax concession
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) Assistance may be given subject to conditions.
(3) Nothing in this section requires the housing commissioner or the
Territory to give assistance to a registered housing provider.
25R Affordable and community housing
programs—requirement for information etc
(1) The housing commissioner may, by written notice given to a registered
housing provider, require the housing provider to give the commissioner relevant
information or documents that the commissioner reasonably requires for this
part.
(2) The notice must state—
(a) the information or document required by the commissioner;
and
(b) where or how the information or document is to be given to the
commissioner; and
(c) the reasonable time within which the information or document must be
given to the commissioner.
Division 4A.3 Housing commissioner’s
functions
25S Housing commissioner’s
functions—housing commissioner may intervene
(1) The housing commissioner may intervene in the business of a registered
housing provider if the housing provider—
(a) fails to adequately manage risk; or
(b) fails to comply with another condition of registration; or
(c) fails to comply with an instruction issued by the housing commissioner
under this Act; or
(d) makes changes to its rules so that the housing
provider—
(i) no longer complies with the registration requirements; or
(ii) cannot provide affordable housing.
(2) The housing commissioner may intervene in the business of the
registered housing provider by taking 1 or more of the following
actions:
(a) appointing people to the board of the housing provider;
(b) appointing an administrator to control and direct the operation of the
housing provider;
(c) appointing an administrator to wind up the housing provider and
distribute its assets.
(3) The housing commissioner may determine guidelines (the
intervention guidelines) for intervening in the business of a
registered housing provider.
(4) The intervention guidelines are a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(5) This section is declared to be a corporations legislation displacement
provision for the Corporations Act, section 5G (Avoiding direct inconsistency
arising between the Corporations legislation and State and Territory
laws).
Note Subsection (5) ensures that any provision of the
Corporations Act or the Australian Securities and Investment Commission Act
2001 (Cwlth) with which this section would otherwise be inconsistent does
not apply to the extent necessary to avoid the inconsistency.
25T Affordable and community housing
providers—removal from register
(1) The housing commissioner may remove a registered housing provider from
the register if the provider breaches a condition of registration.
(2) The housing commissioner must remove a registered housing provider
from the register if the provider breaches this part.
(3) The housing commissioner must prepare a written notice of a decision
to remove a housing provider from the register.
(4) A notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
25U Affordable and community housing
programs—housing commissioner to report to Minister
(1) The housing commissioner must, if asked by the Minister, give the
Minister a written report about programs for affordable housing and community
housing.
(2) If the housing commissioner gives the Minister a report mentioned in
subsection (1), the Minister must present the report to the Legislative
Assembly within 6 sitting days after the day the Minister receives the
report.
insert
Part 6A Review
31A AAT review
An entity mentioned in table 31A, column 3 may apply to the administrative
appeals tribunal for review of a decision by the housing commissioner mentioned
in column 2 for the entity.
Table 31A Reviewable decisions
column 1
item
|
column 2
decision
|
column 3
affected entity
|
1
|
s 24—refusing application for housing assistance
|
the applicant
|
2
|
s 25—suspending or cancelling all or part of housing assistance being
provided to entity
|
the entity
|
3
|
s 25B—refusing to register entity as housing provider
|
the entity
|
4
|
s 25O (2) or (3)—refusing to approve change to constitution or rules
of housing provider
|
the applicant
|
5
|
s 25S—deciding to intervene in business of housing provider
|
the entity
|
31B Notice of reviewable
decisions
(1) The housing commissioner must give written notice of a decision
mentioned in table 31A, column 2 to the entity mentioned in column 3 for
the decision.
(2) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
10 Dictionary,
new definitions
insert
affordable housing means housing that is affordable by people
on low or moderate incomes.
company limited by guarantee—see the Corporations Act,
section 9.
company limited by shares—see the Corporations Act,
section 9.
housing provider means—
(a) an affordable housing provider; or
(b) a community housing provider.
incorporated association means an association incorporated
under the Associations Incorporation Act 1991 or the Cooperatives
Act 2002.
monitoring guidelines, for a housing provider—see
section 25K.
standards, for a community housing provider—see section
25I
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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