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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Housing Amendment (Community
Housing Providers) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Housing Act 2001 No 52 2
4 Amendment of other Acts 2
5 Repeal of Act 2
Schedule 1 Amendment of Housing Act 2001 3
Schedule 2 Amendment of other Acts 11
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Housing Amendment (Community
Housing Providers) Bill 2007
Act No , 2007
An Act to amend the Housing Act 2001 with respect to community housing; and for
other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Housing Amendment (Community Housing Providers) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Housing Amendment (Community Housing Providers)
Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Housing Act 2001 No 52
The Housing Act 2001 is amended as set out in Schedule 1.
4 Amendment of other Acts
Each Act specified in Schedule 2 is amended as set out in that Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of the Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Housing Amendment (Community Housing Providers) Bill 2007
Amendment of Housing Act 2001 Schedule 1
Schedule 1 Amendment of Housing Act 2001
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order:
community housing means housing (other than public housing)
for people on a very low, low or moderate income or people with
additional needs.
Note. Section 75 (2) (c) permits the regulations to prescribe what is
meant by a very low, low or moderate income for the purposes of this
Act.
community housing agreement means an agreement between
the Corporation and a registered community housing provider
made in accordance with this Act.
community housing provider means a body corporate that
provides community housing.
registered community housing means community housing that is
provided by a registered community housing provider.
registered community housing provider means a community
housing provider that is registered under Part 9A.
Registrar means the Registrar of Community Housing appointed
under Division 1 of Part 9A.
[2] Section 5 Objects of Act
Insert "and community housing" after "public housing" in section 5 (1) (d).
[3] Section 5 (1) (g)
Insert ", community housing" after "public housing".
[4] Section 5 (1) (j) and (k)
Insert after section 5 (1) (i):
(j) to ensure that registered community housing is developed
as a viable and diversified component of the New South
Wales social housing sector,
(k) to support the provision of registered community housing
for people on a very low, low or moderate income,
[5] Section 15 Delegations
Omit "or the Corporation" from section 15 (2).
Insert instead ", or to the Corporation,".
Page 3
Housing Amendment (Community Housing Providers) Bill 2007
Schedule 1 Amendment of Housing Act 2001
[6] Section 15 (3)
Insert after section 15 (2):
(3) The Registrar may delegate to an officer of the Department, or to
the Corporation, the exercise of any of the Registrar's functions
under this Act (including any function delegated to the Registrar
under this section), other than this power of delegation.
[7] Part 9A
Insert after Part 9:
Part 9A Community housing
Division 1 Registrar of Community Housing
67A Appointment of Registrar of Community Housing
(1) The Minister may appoint a person as the Registrar of
Community Housing.
(2) The Registrar is, in the exercise of functions under this Act,
subject to the control and direction of the Minister.
(3) The employment of the Registrar is subject to Part 3.1 of the
Public Sector Employment and Management Act 2002, but is not
subject to Chapter 1A or 2 of that Act.
67B Registrar's functions
The Registrar's functions are as follows:
(a) to maintain a register of community housing providers,
(b) to assess the suitability of organisations to be registered as
community housing providers,
(c) to investigate complaints and other matters in respect of
registered community housing providers,
(d) to provide information to persons in relation to community
housing,
(e) to provide advice to the Minister in relation to community
housing and any other matter under this Part,
(f) to advise on the matters to be included in a regulatory code
for registered community housing providers,
(g) any other function conferred or imposed on the Registrar
by or under this or any other Act.
Page 4
Housing Amendment (Community Housing Providers) Bill 2007
Amendment of Housing Act 2001 Schedule 1
Division 2 Registration of community housing
providers
67C The register
(1) The Registrar is to keep a register of community housing
providers.
(2) The register is to be kept in the form determined by the Registrar
and is, subject to the regulations, to contain such information
with respect to community housing providers as may be
determined by the Registrar.
(3) The register must be available for inspection free of charge by
any person:
(a) in person at the head office of the Department at all
reasonable times, and
(b) by such other means (such as Internet access) and at such
other times as the Registrar determines.
(4) The Registrar may carry out searches of the register on a person's
behalf and may charge a fee for the search, not exceeding the
amount (if any) prescribed by the regulations.
67D Applications for registration
(1) The Registrar may, on the application of a body corporate that is
a community housing provider, register the body corporate if the
Registrar is satisfied that the application demonstrates the body
corporate's commitment to providing community housing
consistently with this Act and the regulations.
(2) An application must be made in a form approved by the Registrar
and be accompanied by the relevant fee, if any, prescribed by the
regulations.
(3) The Registrar may register a body corporate in a particular class
on the register and may register it indefinitely or for a specified
period.
(4) The Registrar is, on determining an application under this
section, to give written notice to an applicant of that
determination setting out the class of registration (if any), the date
on which the registration will be cancelled (if the registration is
for a specified period) and the reasons for the Registrar's
determination.
Page 5
Housing Amendment (Community Housing Providers) Bill 2007
Schedule 1 Amendment of Housing Act 2001
67E Conditions of registration
(1) It is a condition of registration that the registered community
housing provider:
(a) must, at the times and in a manner approved by the
Registrar, provide information that satisfies the Registrar
that the provider is exercising its functions in compliance
with this Act and the regulations, and
(b) must, within a reasonable time after receiving a written
request for information from the Registrar in relation to the
affairs of the provider, provide the Registrar with the
information requested and provide, in a form that satisfies
the Registrar, a copy of any record specified in the request,
and
(c) must allow the Registrar to carry out inspections at any
reasonable time of the provider's premises or records.
(2) Registration is also subject to any condition that may be
prescribed by the regulations.
(3) Subsection (1) does not authorise:
(a) a community housing provider to provide information to
the Registrar that identifies an individual who is an
occupier of residential premises, or
(b) the Registrar to enter residential premises occupied by an
individual,
other than with the consent of the individual.
67F Compliance with Act and regulations
(1) If the Registrar reasonably believes that a registered community
housing provider is not complying with this Act or the
regulations, the Registrar may issue a notice in writing to the
provider (a notice of intent to cancel registration) stating that the
provider's registration will be cancelled unless, within the period
specified in the notice, the provider satisfies the Registrar that its
registration should not be cancelled.
(2) The period specified in a notice of intent to cancel registration is
to be at least 14 days.
(3) The Registrar may issue a notice of intent to cancel registration
only if the provider has been given written notification of the
matters in respect of which the notice is to be issued and been
given a period of at least 30 days to address those matters.
Page 6
Housing Amendment (Community Housing Providers) Bill 2007
Amendment of Housing Act 2001 Schedule 1
(4) The Registrar is not required to comply with subsections (2) and
(3) if the Registrar reasonably believes that the failure to comply
is serious and requires urgent action.
67G Cancellation of registration
(1) The Registrar must cancel the registration of a body corporate as
a registered community housing provider if the Registrar is
satisfied of any one or more of the following:
(a) that the body corporate has made an application for its
registration to be cancelled,
(b) that the body corporate has been wound up or has
otherwise ceased to exist,
(c) that the body corporate's registration was for a specified
period and that period has expired,
(d) that a notice of intent to cancel registration has been issued
to the body corporate under section 67F and the body
corporate has failed, within the period specified in the
notice, to satisfy the Registrar that its registration should
not be cancelled.
(2) The Registrar is, on determining to cancel a registration under
this section, to give written notice to the body corporate of that
determination setting out the date on which the registration is
cancelled and the reasons for the Registrar's determination.
(3) The registration of a body corporate is cancelled on the date
specified in the notice under subsection (2), not being a date prior
to the giving of the notice.
(4) No compensation is payable to any person or body in connection
with the cancellation of a registration under this section.
67H Review of certain decisions by Administrative Decisions Tribunal
(1) A body corporate may apply to the Administrative Decisions
Tribunal for a review of any of the following decisions of the
Registrar:
(a) a decision to refuse to register the body corporate as a
registered community housing provider,
(b) a decision to cancel the registration of the body corporate
as a registered community housing provider.
(2) A decision of the Registrar made under this Division, other than
a decision referred to in subsection (1), is final and not subject to
appeal or review.
Page 7
Housing Amendment (Community Housing Providers) Bill 2007
Schedule 1 Amendment of Housing Act 2001
Division 3 Giving assistance to registered community
housing providers
67I Corporation may give assistance
(1) The Corporation may, if it is consistent with the objects of this
Act and if it considers it prudent to do so, give assistance to a
registered community housing provider under a community
housing agreement.
(2) Assistance may include, but is not limited to, either or both of the
following:
(a) providing funding, land or other property to a community
housing provider,
(b) entering into a partnership with a community housing
provider.
(3) Assistance is not to be given to a community housing provider
unless the community housing provider is registered and, as far
as reasonably practicable, the Corporation is to withdraw
assistance from a community housing provider that ceases to be
registered.
(4) The Corporation is to ensure that the giving of any assistance
under this section is consistent with the Public Authorities
(Financial Arrangements) Act 1987 and any relevant guidelines
of the Director-General.
67J Community housing agreements
(1) A community housing agreement:
(a) may be in a standard form approved by the
Director-General, and
(b) is to contain such terms and conditions as may be
prescribed by the regulations, and
(c) may contain such terms and conditions as the Corporation
considers appropriate (whether or not the standard form of
agreement is used).
(2) Without limiting subsection (1), a community housing agreement
may include provisions with respect to:
(a) requiring the registered community housing provider
concerned to meet specified standards and targets in
relation to the community housing services and programs
provided by that community housing provider, and
Page 8
Housing Amendment (Community Housing Providers) Bill 2007
Amendment of Housing Act 2001 Schedule 1
(b) ensuring that the funding, housing and other assistance
provided to the registered community housing provider is
used for the purposes for which it was provided.
(3) The regulations may make provision for or with respect to
community housing agreements.
[8] Section 75 Regulations
Omit section 75 (2). Insert instead:
(2) In particular, the regulations may make provision for or with
respect to any one or more of the following:
(a) prescribing a regulatory code or codes for registered
community housing providers or classes of such providers
setting out requirements that those providers must comply
with in relation to their operations and the provision of
community housing,
(b) fees in connection with any application under this Act,
(c) prescribing what is meant by a very low, low or moderate
income for the purposes of this Act,
(d) prescribing terms or conditions that are taken to be
included in community housing agreements, including in
an existing community housing agreement.
[9] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Housing Amendment (Community Housing Providers) Act 2007
[10] Schedule 3
Insert at the end of the Schedule with appropriate numbering:
Part Provisions consequent on enactment of
Housing Amendment (Community Housing
Providers) Act 2007
Community housing providers taken to be registered on the
commencement of Part 9A
A community housing provider that is registered with the Office
of Community Housing immediately before the commencement
of Part 9A is, on the commencement of that Part, taken to be
registered under that Part until whichever of the following occurs
first:
Page 9
Housing Amendment (Community Housing Providers) Bill 2007
Schedule 1 Amendment of Housing Act 2001
(a) the community housing provider applies to be registered
under that Part and the application is determined by the
Registrar,
(b) the registration is cancelled in accordance with that Part,
(c) 2 years after the commencement of that Part.
References to registered organisations
A reference in any document to an organisation for the time being
registered with the Office of Community Housing is, on the
commencement of Part 9A, taken to be a reference to a registered
community housing provider.
Existing agreements taken to be community housing agreements
An agreement between the Corporation and a community
housing provider that is in force immediately before the
commencement of Part 9A under which the Corporation provides
assistance to the community housing provider is, on the
commencement of that Part, taken to be a community housing
agreement.
Assistance provided to unregistered community housing
providers under existing agreements
Section 67I (1)(3) does not apply to or in respect of assistance
provided to a community housing provider within 2 years after
the commencement of Part 9A, but only if:
(a) the community housing provider is not registered with the
Office of Community Housing immediately before the
commencement of that Part, and
(b) the assistance is provided under an agreement that is in
force immediately before the commencement of that Part.
Page 10
Housing Amendment (Community Housing Providers) Bill 2007
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Property, Stock and Business Agents Act 2002 No 66
Section 5 Exemptions from Act
Omit "an organisation for the time being registered with the Office of
Community Housing, or" from section 5 (1) (m).
Insert instead "a registered community housing provider within the meaning
of the Housing Act 2001, or an organisation for the time being registered".
2.2 Public Sector Employment and Management Act 2002 No 43
Schedule 2 Executive positions (other than non-statutory SES positions)
Insert at the end of Part 3:
Registrar of Community Housing appointed under section
67A (1) of the Housing Act 2001
2.3 Residential Tenancies Act 1987 No 26
Section 3 Definitions
Omit "an organisation for the time being registered with the Office of
Community Housing, or" from paragraph (e) of the definition of social
housing provider in section 3 (1).
Insert instead "a registered community housing provider within the meaning
of the Housing Act 2001, or an organisation for the time being registered".
Page 11
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