Queensland Numbered Acts Queensland Numbered ActsAfter part 4—
insert—
'This part establishes a system for the registration, monitoring and regulation of entities providing community housing services—
(a) to encourage the development, viability and quality of community housing services; and
(b) to promote confidence in the good governance of registered providers of community housing services, in order to facilitate greater investment in the community housing sector; and
(c) to make it easier for providers of community housing services to operate in more than 1 participating jurisdiction.
Note—
Part 4A implements the State's obligations under the Inter-Governmental Agreement for a National Regulatory System for Community Housing Providers.
'(1) The primary jurisdiction of a national provider, or a national entity (a potential provider) intending to provide a community housing service, is—
(a) the participating jurisdiction in which the national provider provides, or the potential provider intends to provide, most of its community housing services; or
(b) if the registrars of each participating jurisdiction agree to a different primary jurisdiction—that jurisdiction.
'(2) The registrars of each participating jurisdiction may agree to a different primary jurisdiction for a national provider or potential provider at any time whether or not on the application of the national provider or potential provider.
'(3) As soon as practicable after agreeing on a different primary jurisdiction for a national provider or potential provider, the registrar of the provider's new primary jurisdiction must—
(a) give the national provider or potential provider notice of its new primary jurisdiction; and
(b) record the new primary jurisdiction on the national register.
'(4) For subsection (1)(a), a community housing service provided by a national provider, or intended to be provided by a potential provider, in a jurisdiction other than a participating jurisdiction is not to be taken into account in deciding where most of the national provider's or potential provider's community housing services are, or will be, provided.
'It is the intention of the Parliament that, as far as the legislative power of the Parliament permits, the operation of this part includes operation in relation to the following—
(a) things situated in or outside the territorial limits of the State;
(b) acts, transactions, and matters done, entered into or occurring in or outside the territorial limits of the State;
(c) things, acts, transactions and matters, wherever situated, done, entered into or occurring, that would, apart from this part, be governed or otherwise affected by the law of another jurisdiction.
'For the purpose of the corresponding laws of the other participating jurisdictions, the chief executive as agent for the State is declared to be the housing agency for this jurisdiction.
Note—
See definition, housing agency in schedule 4 (Dictionary).
'(1) The chief executive may appoint an appropriately qualified person as the registrar of—
(a) the national register for this jurisdiction; and
(b) the state register.
'(2) The registrar is to be appointed and employed under the Public Service Act 2008.
'(1) Subject to the Minister and the chief executive, the registrar is to control—
(a) the national register for this jurisdiction; and
(b) the state register.
'(2) However, the registrar is not subject to the control of the Minister or the chief executive in making decisions about any of the following matters—
(a) the approval or refusal of an application for registration on the national register for this jurisdiction or the state register;
(b) the imposition of conditions on the registration of a registered provider, including the imposition of an additional standard condition on the registration of a national provider;
(c) the variation of a national provider's category of registration;
(d) the exercise of an enforcement or intervention function or power under division 4;
(e) the cancellation of a registered provider's registration on the national register or the state register.
'(1) The registrar has the following functions—
(a) maintaining—
(i) the national register, jointly with the registrars for the other participating jurisdictions; and
(ii) the state register;
(b) assessing the suitability of applicants for registration;
(c) registering—
(i) national entities, for which this jurisdiction is or will be the primary jurisdiction, as national providers; and
(ii) local governments and other entities as state providers;
(d) cancelling the registration of registered providers;
(e) monitoring and enforcing compliance by registered providers with this Act and exercising enforcement and intervention functions under division 4;
(f) investigating complaints about the compliance by registered providers with this Act;
(g) any other functions conferred or imposed on the registrar under this Act or another Act.
'(2) The registrar has the following additional functions in relation to the national register—
(a) providing information about the registration of national entities and the compliance by national providers with this Act;
(b) sharing information and cooperating with the registrars of the other participating jurisdictions for the purposes of this Act and corresponding laws;
(c) providing information and advice to the Minister and chief executive about registration of national entities, the regulation of national providers and any other matters under this Act or a corresponding law.
'The registrar has the power necessary or convenient to carry out the registrar's functions.
'In performing a function in relation to the national register, the registrar must comply with any guidelines made jointly by the Minister and each Minister responsible for the administration of a corresponding law for a participating jurisdiction, and published—
(a) in the New South Wales Government Gazette; or
(b) on the New South Wales legislation website.
'The registrar is not personally liable for any matter or thing done or omitted to be done in good faith in the performance of a function, or the exercise of a power, of the registrar under this Act.
'(1) The registrar may delegate the registrar's functions and powers under this Act to—
(a) if the function or power relates to the state register—an appropriately qualified officer of the department; or
(b) if the function or power relates to the national register—
(i) the registrar of another participating jurisdiction; or
(ii) an appropriately qualified officer of the department; or
(iii) a prescribed person or a member of a prescribed class of persons.
'(2) Without limiting subsection (1), the functions and powers relating to the national register that may be delegated by the registrar include—
(a) functions and powers of the registrar as the primary registrar for a national provider, or a national entity intending to provide a community housing service; and
(b) functions and powers delegated to the registrar by the registrar of another participating jurisdiction.
'(3) However, the registrar may delegate the following functions or powers only to an authorised officer—
(a) the power to request the provision of information relating to a registered provider's affairs, including a specified document or record, as mentioned in schedule 2, section 4;
(b) the power to request a registered provider attend a meeting to answer questions about the provider's affairs, as mentioned in schedule 2, section 5;
(c) the power to enter a registered provider's premises to inspect the premises or the provider's records, as mentioned in schedule 2, section 6;
(d) a power or function conferred on the registrar by the corresponding law of a participating jurisdiction that corresponds to the conditions of registration mentioned in schedule 3, part 1, sections 3 to 5.
'(1) The national register of national entities providing community housing services is established.
'(2) It is the intention of the Parliament that this part, together with the corresponding laws of the other participating jurisdictions, has the effect that the national register is a single national register.
'(3) The state register of local governments and prescribed state providers providing community housing services is established.
Note—
A state provider may provide a community housing service only within this jurisdiction—see schedule 3, part 2, section 7.
'(1) This section applies if the registrar approves an application by—
(a) a national entity for which this jurisdiction is, or will be, the primary jurisdiction for registration on the national register; or
(b) a local government or a prescribed state provider for registration on the state register.
'(2) The registrar must include the following information on the national register or the state register, for the entity, local government or prescribed state provider (the provider)—
(a) name and identifying details;
(b) the conditions applying to the registration;
(c) a copy of any notice of intent to cancel registration issued to the provider;
(d) whether the registration has been cancelled at any time and details of the cancellation, including a copy of the notice of cancellation;
(e) a copy of any binding instructions issued to the provider;
(f) details of the appointment of a statutory manager for the provider, including a copy of the relevant instrument of appointment;
(g) any other information the registrar considers relevant.
'(3) If the provider is a national entity the registrar must also include the following information for the provider on the national register—
(a) the category of registration of the provider;
(b) the primary jurisdiction;
(c) each other participating jurisdiction in which the provider has a national community housing asset.
'(4) The registrars of each participating jurisdiction may agree to divide the national register into different parts to assist in the administration of the national register.
'(5) The registrar may, at any time, by notice to a national provider for which the registrar is the primary registrar—
(a) vary the category of registration of the provider; and
(b) move the registration of the provider to another part of the national register.
Note—
A decision by the registrar to vary the category of a national provider's registration is reviewable—see section 63(2)(a).
'(6) Information on the national register and the state register must be publicly available.
'(7) The registrar may, on payment of the prescribed fee, give a person a copy of information kept on the relevant register.
'(1) An entity (the applicant) providing or intending to provide a community housing service may apply to the registrar—
(a) if the applicant is a national entity for which the registrar is or will be the primary registrar—for registration on the national register; or
(b) if the applicant is a national provider for which the registrar is the primary registrar—for variation of the provider's existing registration on the national register; or
(c) if the applicant is a local government or a prescribed state provider—for registration on the state register.
'(2) An application under subsection (1) must be—
(a) in the approved form; and
(b) accompanied by the prescribed fee.
'(3) If the registrar receives an application from a national entity or national provider for which the registrar is not, or will not be, the primary registrar, the registrar must refer the application to the primary registrar for the applicant.
'(4) The registrar may require the applicant to give the registrar further information or documents the registrar reasonably requires to decide the application, including information or documents relating to—
(a) the performance of the applicant's functions and any arrangement the applicant has entered into with another entity in relation to the performance of the applicant's functions; or
Example—
A national entity that is a consolidated entity within the meaning of the Corporations Act 2001 (Cwlth), section 9, may be required to give the registrar information about changes to the consolidated entity's group structure.
(b) the applicant's affairs.
'(5) However, subsection (4) does not authorise the registrar to require information or a document that identifies an individual who is an occupier of residential premises.
'(1) The registrar must approve an application made under section 37B(1)(a) or (b) by a national entity or a national provider if the registrar is satisfied that—
(a) the entity or provider is providing, or intends to provide, community housing services, most of which are or will be provided in this jurisdiction; and
(b) the entity or provider will comply with this Act and the corresponding law of each participating jurisdiction in which the entity or provider provides, or will provide, a community housing service; and
(c) the entity or provider will comply with any condition applying to the entity or provider's registration, or the provider's registration as varied; and
(d) approval of the application is appropriate in the circumstances having regard to—
(i) the main objects of this Act and how the objects are to be primarily achieved; and
(ii) the objects of this part.
'(2) The registrar must approve an application made under section 37B(1)(c) by a local government or a prescribed state provider if the registrar is satisfied that—
(a) the local government or prescribed state provider is providing, or intends to provide, a community housing service in this jurisdiction only; and
(b) the local government or prescribed state provider will comply with this Act and the conditions applying to the local government's or the provider's registration; and
(c) approval of the application is appropriate in the circumstances having regard to—
(i) the main objects of this Act and how the objects are to be primarily achieved; and
(ii) the objects of this part.
Note—
A decision by the registrar to refuse an application for registration, or an application by a national provider for variation of its registration, is reviewable—see section 63(2)(b).
'(1) A registered provider must comply with—
(a) each condition applying to the provider's registration; and
(b) each provision (an applicable code provision) of the national regulatory code in schedule 1 that is identified on the relevant register as applying to the provider's registration.
Note—
A failure to comply with subsection (1) is not an offence but is a ground for the registrar to give a registered provider a notice of noncompliance.
'(2) Schedule 2 sets out the conditions that apply to the registration of each registered provider.
'(3) Schedule 3, part 1 sets out the conditions that apply to the registration of a national provider for which this jurisdiction is the primary jurisdiction.
'(4) Schedule 3, part 2, sets out the conditions that apply to the registration of a state provider.
'(1) The registrars of each participating jurisdiction may agree to conditions of registration (each an additional standard condition) for national providers.
'(2) The registrar may impose 1 or more additional standard conditions on the registration of a national provider for which this jurisdiction is the primary jurisdiction—
(a) at the time the registrar decides the provider's application for registration; or
(b) at any other time by notice given to the provider.
Note—
A decision by the registrar to impose an additional standard condition is reviewable —see section 63(2)(c).
'(3) The registrar must—
(a) give the national provider an opportunity to make a submission on a proposed notice under subsection (2)(b); and
(b) take any submission made by the provider into account before giving the notice to the provider.
'(4) An additional standard condition imposed on the registration of a national provider for which this jurisdiction is the primary jurisdiction applies in addition to—
(a) the conditions set out in schedule 2; and
(b) the conditions set out in schedule 3, part 1; and
(c) any applicable code provision.
'Nothing in section 37D or 37E authorises—
(a) a registered provider to give information that identifies an individual who is an occupier of residential premises, without the individual's consent, to—
(i) the registrar; or
(ii) if the provider is a national provider—the registrar of another participating jurisdiction; or
(b) the registrar, or the registrar of another participating jurisdiction, to enter residential premises occupied by an individual, without the individual's consent.
'(1) The registrar may cancel the registration of a national provider for which the registrar is the primary registrar, or a state provider, if the provider—
(a) has applied to the registrar for the cancellation of the provider's registration; or
(b) has been wound up or has otherwise ceased to exist.
'(2) An application under subsection (1)(a) must be made in the approved form.
'(3) The registrar may refuse the application only if—
(a) for a national provider—the registrar is not satisfied each national community housing asset of the provider has been transferred under section 37H(2) or the corresponding law of another participating jurisdiction that applies to the provider or the asset; or
(b) for a state provider—the registrar is not satisfied each state community housing asset of the provider has been transferred under section 37H(3).
'(4) The registrar may also cancel the registration of a national provider for which the registrar is the primary registrar, or a state provider, if—
(a) the registrar has given the provider a notice of intent to cancel registration under section 38C; and
(b) the provider has not, within the time stated in the notice, satisfied the registrar that the provider's registration should not be cancelled; and
(c) the registrar has given the provider notice under section 64 of the registrar's decision to cancel the provider's registration.
Note—
A decision by the registrar to cancel a registered provider's registration or to refuse an application by a registered provider for cancellation of the provider's registration is reviewable—see section 63(2)(d).
'(1) This section applies if—
(a) a registered provider intends to apply for cancellation of the provider's registration; or
(b) the registrar cancels the registration of a registered provider under section 37G(4).
'(2) If the registered provider is a national provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its national community housing assets to—
(a) if the asset is located in this jurisdiction—
(i) the chief executive; or
(ii) if another entity is prescribed—the prescribed entity; or
(iii) if the chief executive consents in writing—another national provider or state provider; or
(b) if the asset is located in another participating jurisdiction—
(i) the housing agency of that jurisdiction; or
(ii) if the corresponding law of that jurisdiction prescribes another entity—the prescribed entity.
'(3) If the registered provider is a state provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its state community housing assets to—
(a) the chief executive; or
(b) if another entity is prescribed—the prescribed entity; or
(c) if the chief executive consents in writing—another national provider or state provider.
'(4) If the chief executive consents under subsection (2)(a)(iii) or (3)(c) to the transfer of a community housing asset to another national provider or state provider—
(a) the chief executive may impose conditions on the consent that the chief executive considers appropriate; and
(b) if the chief executive imposes conditions—the national provider or the state provider transferring the community housing asset must comply with the conditions when the provider is transferring the asset.
'(5) If a registered provider fails to comply with subsection (2), (3) or (4), the provider is taken to have contravened each funding agreement to which the provider is a party.
'(6) In this section—
relevant day, for a registered provider, means—
(a) for a registered provider intending to apply for cancellation of the provider's registration—
(i) the day before the provider applies for cancellation; or
(ii) if, before the provider applies for the cancellation, the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day; or
(b) for a registered provider whose registration is cancelled under section 37G(4)—
(i) the day that is 6 months after the day on which the provider receives the notice under section 64 of the cancellation; or
(ii) if, before the day mentioned in subparagraph (i), the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day.
'(1) The registrar may take action under this division in relation to the following—
(a) a national provider for which the registrar is the primary registrar;
(b) a state provider.
'(2) The registrar may take action under this division against a registered provider mentioned in subsection (1) if the registrar reasonably believes the provider is not complying with—
(a) this Act; or
(b) if the provider is a national provider—a corresponding law that applies to the provider.
'(1) If the registrar decides to take action under this division in relation to a registered provider, the registrar may give the provider a notice (a notice of noncompliance) stating—
(a) that the registrar reasonably believes the provider is not complying with—
(i) this Act; or
(ii) if the provider is a national provider—a corresponding law that applies to the provider; and
(b) the provision of this Act or of the corresponding law the registrar believes is not being, or has not been, complied with; and
(c) briefly, how the registrar believes the provision is not being, or has not been, complied with; and
(d) the reasonable steps the provider must take to rectify the noncompliance; and
(e) the time within which the provider must take steps to rectify the noncompliance; and
(f) that the consequences of the provider failing to rectify the noncompliance within the stated time may include cancellation of the provider's registration.
'(2) If the provider is a national provider, the registrar must give a copy of the notice of noncompliance to the registrar of each other participating jurisdiction.
'(1) The registrar may give a registered provider written instructions (the binding instructions) about the way in which the provider is to address a matter that is the subject of a notice of noncompliance the registrar has given the provider.
Note—
A decision by the registrar to issue binding instructions to a registered provider is reviewable—see section 63(2)(e).
'(2) The registrar may give more than 1 set of binding instructions for a notice of noncompliance.
'(3) The registered provider and each relevant person for the provider must comply with the binding instructions within the period, if any, stated in the instructions.
Note—
A failure to comply with subsection (3) is not an offence but is a ground for the registrar to give a registered provider a notice of intention to cancel the provider's registration.
'(4) In deciding whether to give binding instructions to the registered provider the registrar must—
(a) consider the interests of any tenants of the provider; and
(b) if the provider is a national provider—take all steps reasonably practicable to obtain the views of a regulatory body the registrar considers has a relevant interest in the matter.
Example for paragraph (b)—
in considering whether to give binding instructions under this section to a national provider that is a company limited by shares under the Corporations Act 2001 (Cwlth), the registrar takes steps to obtain the views of the Australian Securities and Investments Commission
'(5) In this section—
relevant person, for a registered provider, means—
(a) a member of the provider's governing body; or
(b) an officer or employee of the provider.
'(1) This section applies if the registrar reasonably believes a registered provider—
(a) has not addressed the matters stated in a notice of noncompliance given to the provider within the period stated in the notice; or
(b) has not complied with binding instructions given to the provider within the period, if any, stated in the instructions; or
(c) has failed to comply with a provision of this Act or, if the provider is a national provider, a corresponding law of another participating jurisdiction, and urgent steps are required because the failure has potentially serious consequences.
Example for paragraph (c)—
a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider's tenants
'(2) The registrar may give the registered provider a notice (a notice of intent to cancel registration) that the registrar intends to cancel the provider's registration.
'(3) The notice of intent to cancel registration must state—
(a) the reasons the registrar considers registration should be cancelled; and
(b) that the provider's registration will be cancelled unless, within the period stated in the notice, the provider satisfies the registrar that the provider's registration should not be cancelled.
'(4) The stated period in a notice of intent to cancel registration—
(a) must be not less than 14 days after the day the notice is given to the registered provider; and
(b) may be extended in writing by the registrar at the provider's request, if the registrar is satisfied that there are good reasons for extending the period.
'(5) If the provider is a national provider, the registrar must also give a copy of the notice of intent to cancel registration to the registrar of, and the housing agency for, each other participating jurisdiction.
'(1) The registrar may, by instrument, appoint a person (a statutory manager) to conduct the affairs and activities of a registered provider, to the extent the affairs and activities relate to the provider's community housing assets.
Note—
A decision by the registrar to appoint a statutory manager is reviewable—see section 63(2)(f).
'(2) The registrar may appoint a statutory manager only if—
(a) the registrar has given the provider a notice of intent to cancel registration; or
(b) the registrar is satisfied the provider has failed to comply with any of the following and urgent steps are required because the failure to comply has potentially serious consequences—
(i) this Act;
(ii) if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider;
(iii) binding instructions given to the provider.
Example of potentially serious consequences—
a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider's tenants
'(3) The statutory manager's instrument of appointment must state the following—
(a) the statutory manager's name;
(b) details of the registered provider;
(c) details of the statutory manager's functions and powers;
(d) the day the appointment takes effect;
(e) either—
(i) the day the appointment ends; or
(ii) that the appointment continues until the registrar gives notice that the appointment has ended;
(f) any conditions of the appointment;
(g) any other matter the registrar considers appropriate.
'(4) A copy of the instrument of appointment must be given to the registered provider.
'(5) The statutory manager—
(a) has the functions and powers stated in the manager's instrument of appointment; and
(b) holds office on the conditions stated in the manager's instrument of appointment.
'(6) If a person appointed as statutory manager is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive.
'(7) A registered provider must not, while a statutory manager is appointed for the provider, perform a function or exercise a power the statutory manager has been appointed to perform or exercise unless the statutory manager agrees to the provider performing the function or exercising the power.
Note—
A failure to comply with subsection (7) is not an offence but may be a ground for the cancellation of the registered provider's registration.
'(8) The registrar must revoke the statutory manager's appointment if the registrar is satisfied—
(a) the registered provider is complying, or will comply—
(i) with this Act and any binding instructions given to the provider; and
(ii) if the provider is a national provider—with each corresponding law that applies to the provider; or
(b) the provider no longer provides a community housing service—
(i) in this jurisdiction; and
(ii) if the provider is a national provider—in any other participating jurisdiction; or
(c) the registered provider has been wound up or has otherwise ceased to exist.
'(1) The expenses of and incidental to the conduct of the affairs and activities of a registered provider by a statutory manager are payable by the provider.
'(2) The expenses include—
(a) the remuneration of the statutory manager if the statutory manager is not a public service employee; or
(b) the reimbursement of the State of an amount certified by the chief executive as being the remuneration of the employee for the period of the employee's appointment as statutory manager.
'(3) The amount mentioned in subsection (2)(b) may be recovered in a court of competent jurisdiction as a debt due to the State.
'(4) A statutory manager is not liable for any loss incurred by the registered provider during the period of the statutory manager's appointment unless the loss was attributable to the statutory manager's—
(a) wilful misconduct; or
(b) gross negligence; or
(c) wilful failure to comply with this Act or a corresponding law or any other law regulating the conduct of members of the governing body of the provider.
'(5) Neither the State nor the registrar is liable for any loss incurred by a registered provider during the period of a statutory manager's appointment for the registered provider, whether or not the statutory manager is liable to the provider.
'(1) Sections 38B and 38D are declared to be Corporations legislation displacement provisions for the Corporations Act 2001 (Cwlth), section 5G.
'(2) Sections 38B and 38D prevail to the extent the sections are inconsistent with a provision of the following legislation—
(a) the Associations Incorporation Act 1981;
(b) the Cooperatives Act 1997.
'(1) No compensation is payable by or on behalf of the State or the registrar in connection with the operation of this division.
'(2) Without limiting subsection (1), compensation is not payable by or on behalf of the State or the registrar arising directly or indirectly from any of the following—
(a) the cancellation of the registration of a registered provider;
(b) the imposition of conditions on the registration of a registered provider;
(c) the publication of a notice of intent to cancel registration;
(d) the giving of binding instructions;
(e) the appointment of a statutory manager;
(f) the performance by a person of a function or exercise of a power, or a failure by a person to perform a function or exercise a power, of a statutory manager.
'(3) In this section—
compensation includes damages or any other form of monetary compensation.
'The registrar must not disclose information obtained in the performance of the registrar's functions, or exercise of the registrar's powers, under this Act unless the disclosure is made—
(a) in connection with the administration of this Act, including disclosure of information to the Minister or the chief executive, or of another law; or
(b) with the consent of—
(i) the person from whom the information was obtained; or
(ii) if the person from whom the information was obtained is not the person to whom the information relates—the person to whom the information relates; or
(c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
(d) under an authorisation provided by the guidelines mentioned in section 36H; or
(e) as expressly permitted or required by another Act.'.