Contents

1............ Short title [see Note 1] ....................................................................... 4

2............ Commencement .................................................................................. 4

3............ Definitions .......................................................................................... 4

4............ Objects ................................................................................................ 5

5............ Form of inter‑government housing agreement .................................... 6

6............ Inter‑government housing agreements ................................................ 7

7............ Grants to States for housing ............................................................... 8

8............ Payments for research, development, demonstration and evaluation . 8

9............ State expenditure from its own resources ........................................... 9

10.......... Minister may authorise payments if no agreement in force in first assistance year                 10

11.......... Payments to be made out of money appropriated ........................... 10

12.......... Determinations to be in writing ........................................................ 10

13.......... Delegation ......................................................................................... 11

14.......... Annual report by Minister ............................................................... 11

15.......... Regulations ....................................................................................... 11

16.......... Schedule(s) ........................................................................................ 11

Schedule 1--Amendment of the Housing Assistance Act 1989                   12

Notes                                                                                                                                             13

Preamble

                   This preamble sets out the matters taken into account by the Parliament in enacting this Act.

                   Housing and shelter are basic human needs.

                   Most Australian residents are able to obtain housing of an appropriate standard within their means.

                   However, people who are economically or socially disadvantaged may be less likely to obtain affordable, secure and appropriate housing. They may also be more likely to suffer discrimination in their efforts to obtain adequate housing and may be at a greater risk of homelessness.

                   The inability to obtain adequate and ecologically appropriate housing can have adverse effects on health and the quality of life and reduces the prospects of obtaining employment and other opportunities that would ordinarily arise for people during their lifetimes.

                   Australia has acted to protect the rights of all its citizens, including people who have inadequate housing, by recognising international standards for the protection of universal human rights and fundamental freedoms through:

                     (a)  the ratification of the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights; and

                     (b)  the ratification of the Conventions on the Elimination of all Forms of Racial Discrimination, on the Elimination of all Forms of Discrimination against Women and on the Rights of the Child; and

                     (c)  the acceptance of the Universal Declaration of Human Rights and of the Declaration on the Elimination of Violence Against Women; and

                     (d)  the enactment of legislation such as the Australian Human Rights Commission Act 1986.

                   Accordingly the Parliament considers that the provision, by the Governments of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, of housing assistance to people requiring access to affordable and appropriate housing is essential to reduce poverty and its effects on individuals and on the community as a whole.

                   The Parliament therefore intends that:

                     (e)  housing assistance should be directed towards people who are on low incomes or otherwise meet barriers in obtaining the housing they need; and

                      (f)  housing assistance will be provided in ways that reflect their needs and aspirations and will ensure that their rights are properly protected and due regard is had to their responsibilities; and

                     (g)  housing assistance will, as far as possible, offer a choice between different forms of assistance and between different providers of assistance and between different types of housing and between different areas in which housing is located and include the provision of targeted subsidies to home purchase aspirants; and

                     (h)  housing assistance for which money is provided under this Act will have as its express objective the obtaining of benefits by the people who receive the assistance in ways that are effective and ensure that money provided is spent efficiently and is properly accounted for.

                   In giving effect to the above intentions, the Parliament recognises that it is desirable for the Governments of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory to:

                      (i)  work together in providing access to affordable appropriate housing and work in cooperation with local governing bodies, as appropriate, in view of the regulatory and other functions of those bodies with respect to the design, planning and management of cities and towns; and

                      (j)  encourage private sector involvement in the provision of appropriate and affordable housing; and

                     (k)  work in cooperation with non‑government organisations that provide housing and related assistance, including environmentally oriented groups concerned with conservation, transport and urban form, and organisations that provide community and rental housing for Aboriginal and Torres Strait Islander people and organisations that have responsibility for the provision of services for people who are homeless or at risk of homelessness, in view of the contribution of non‑government organisations to the provision of housing assistance.

                   The Parliament regards it as essential that, in giving effect to these intentions, housing assistance funded under this Act will be planned and delivered so as to take full account of the range of factors that contribute to the quality of life of the people receiving the assistance.

                   These factors include the liveability of communities, and equality of opportunity, non‑discrimination, and respect for dignity and self‑esteem, for people receiving housing assistance.

 

 

 

Notes to the Housing Assistance Act 1996

Note 1

The Housing Assistance Act 1996 as shown in this compilation comprises Act No. 24, 1996 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Housing Assistance Act 1996	24, 1996	28 June 1996	Ss. 1-6 and 12-16:Royal Assent Remainder: 1 July 1996
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 516-518): 5 Dec 1999 (see Gazette 1999, No. S584) (a)	--
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006	108, 2006	27 Sept 2006	Schedule 8 (items 96-99): Royal Assent	--
Disability Discrimination and Other Human Rights Legislation Amendment Act 2009	70, 2009	8 July 2009	Schedule 3 (item 33): 5 Aug 2009	--

(a)     The Housing Assistance Act 1996 was amended by Schedule 1 (items 516-518) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted
Provision affected	How affected
Preamble.............................	am. No. 70, 2009
Ss. 5, 6................................	am. No. 108, 2006
S. 8 .....................................	am. No. 146, 1999
S. 13....................................	am. No. 146, 1999