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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a) to ensure that Aboriginal people and Tomes Strait Islanders have access
to affordable and quality housing,
(b) to ensure that such housing is appropriate having regard to the social
and cultural requirements, living patterns and preferences of the
Aboriginal people or Torres Strait Islanders to whom the housing is to
be provided.
(c) to enhance the role of Aboriginal people and Torres Strait Islanders in
determining. developing and delivering policies and programs relating
to Aboriginal housing,
(d) to ensure that priority is given, in providing housing assistance for
Aboriginal people and Tomes Strait Islanders, to those individuals who
are most in need.
(e) to increase the range of housing choices for Aboriginal people and
Torres Strait Islanders so as to reflect the diversity of individual and
community needs.
( f ) to ensure that registered Aboriginal housing organisations are
accountable, effective and skilled in the delivery of Aboriginal housing
programs and services,
(g) to ensure that the Aboriginal Housing Office's housing programs and
services are administered efficiently and in co-ordination with other
programs and services that are provided to assist Aboriginal people
and Torres Strait Islanders,
(h) to encourage the sustainable employment of Aboriginal people and
Torres Strait Islanders in the delivery of Aboriginal housing assistance.
The Bill constitutes an Aboriginal Housing Office and confers functions on
that Office relating to housing for Aboriginal people and Torres Strait
Islanders.
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 sets out the objects of the proposed Act, as described above in the
overview.
Clause 4 defines certain words and expressions used in the proposed Act.
Aboriginal Housing Office (or AHO) means the Aboriginal Housing Office
constituted by the proposed Act. AHO housing agreement means an
agreement between the AHO and a registered Aboriginal housing
organisation, relating to the provision of assistance by the AHO. Housing
includes any form of residential accommodation. A registered Aboriginal
housing organisation is an organisation that is registered by the AHO under
Part 5 of the proposed Act.
Clause 5 provides that notes in the proposed Act do not form part of the
proposed Act.
Part 2
Constitution of Aboriginal Housing Office
Clause 6 constitutes the Aboriginal Housing Office as a body corporate.
Clause 7 provides that the Aboriginal Housing Office is, for the purposes of
any Act, a statutory body representing the Crown.
Explanatory note page 2
Part 3 Functions of Aboriginal Housing Office
Division 1 Principal functions
Clause 8 provides that the Aboriginal Housing Office has the principal
functions of:
(a) planning and developing programs and services to assist Aboriginal
people and Torres Strait Islanders in meeting their housing needs, and
(b) delivering those programs and services, and
(c) evaluating those programs and services from time to time in order to
determine whether they continue to effectively meet the housing needs
of Aboriginal people and Torres Strait Islanders.
In exercising those principal functions, the AHO is, among other things, to
liaise with other agencies and co-ordinate its programs and services with
those offered by other agencies.
Clause 9 sets out some of the ways in which the Aboriginal Housing Office
may assist registered Aboriginal housing organisations, such as by providing
funding or assistance in developing and implementing asset and management
strategies. The AHO may transfer or lease property to, and construct housing
for. a registered Aboriginal housing organisation.
Clause 10 provides that the Aboriginal Housing Office may enter into
housing agreements with registered Aboriginal housing organisations in
relation to assistance provided under the proposed Act. The AHO must not
provide certain forms of assistance to a registered Aboriginal housing
organisation (including funding) unless it has entered into such an agreement
with the registered Aboriginal housing organisation.
Clause 11 provides that the Aboriginal Housing Office may provide housing
to Aboriginal people and Torres Strait Islanders by lease or otherwise and
may provide assistance with the cost of that housing.
Division 2 Functions relating to property
Clause 12 sets out the general functions of the Aboriginal Housing Office in
relation to property.
Clause 13 allows the Aboriginal Housing Office to acquire land by
agreement or by compulsory process in accordance with the Land Acquisition
(Just Terms Compensation) Act 1991.
Clause 14 allows the Aboriginal Housing Office to acquire property by gift,
bequest or devise.
Explanatory note page 3
Division 3 Miscellaneous
Clause 15 provides that the Aboriginal Housing Office may enter into
agency agreements in relation to the exercise of its functions under the
proposed Act.
Clause 16 provides for other functions of the Aboriginal Housing Office.
Clause 17 allows the Aboriginal Housing Office to delegate to certain
persons any of its functions under the proposed Act.
Part 4
AHO housing agreements
Clause 18 sets out the circumstances in which the Aboriginal Housing
Office is considered to have an interest in land of a registered Aboriginal
housing organisation for the purposes of the proposed Act (such as when the
AHO transfers the land to the registered Aboriginal housing organisation).
This allows the AHO to impose certain conditions on dealings in that land
under an AHO housing agreement (see clauses 20 and 21).
Clause 19 deals with the general terms and conditions of AHO housing
agreements. AHO housing agreements may be in a standard form approved
by the Minister and may contain such terms and conditions as the AHO
considers appropriate.
Clause 20 allows an AHO housing agreement to include conditions relating
to land of the registered Aboriginal housing organisation in which the AHO
has an interest. The conditions may provide for the rights of the AHO if the
registered Aboriginal housing organisation fails to use the land for the
purposes contemplated by the agreement or proposes to sell or dispose of the
land or if registration of the registered Aboriginal housing organisation is
revoked.
Clause 21 provides that land in which the Aboriginal Housing Organisation
has an interest must not be transferred or otherwise dealt with except with the
consent of the AHO. Such a condition may be given effect to by a recording
on the Register kept under the Real Property Act 1900.
Clause 22 allows an AHO housing agreement to create a charge over land of
a registered Aboriginal housing organisation in order to secure payment of
money that is or may become payable under the agreement.
Clause 23 provides that AHO housing agreements are binding and allows
the AHO to monitor the activities of a registered Aboriginal housing
organisation to determine whether it is complying with the agreement.
Clause 24 allows for regulations to be made with respect to AHO housing
agreements.
Explanatory note page 4
Part 5 Registration of Aboriginal housing organisations
Clause 25 defines eligible organisation. Eligible organisations are
Aboriginal or Torres Strait Islanders corporations, Aboriginal Land Councils
and other organisations controlled by Aboriginal people or Torres Strait
Islanders. Eligible organisations may be registered under the proposed Act.
Clause 26 provides for the registration of eligible organisations. The
Aboriginal Housing Office may register an eligible organisation if the AHO
is satisfied that the organisation concerned provides or proposes to provide
housing or housing related services for Aboriginal people or Torres Strait
Islanders and is, having regard to such matters as may be determined by the
AHO, suitable to be registered.
Clause 27 provides that registration may be revoked, for such reasons as the
Aboriginal Housing Office thinks fit (such as failure to comply with an AHO
housing agreement).
Clause 28 requires the Aboriginal Housing Office to keep a register of
registered Aboriginal housing organisations.
Part 6 Management of Aboriginal Housing Office
Clause 29 provides that the Aboriginal Housing Office is subject to the
control and direction of the Minister.
Clause 30 constitutes the Board of the Aboriginal Housing Office. The
Board consists of the Chief Executive Officer and such Aboriginal persons as
are appointed by the Minister. The Minister is to determine the eligibility
criteria for appointment to the Board. The Board is to have a Chairperson,
who may be appointed as a part-time or full-time member of the Board.
Clause 31 provides that the Board is to determine the policies of the
Aboriginal Housing Office and has such other functions as may be conferred
on it by or under the proposed Act or any other Act.
Clause 32 provides for the establishment of Aboriginal Regional Housing
Committees to advise the Board on Aboriginal housing issues and to exercise
such other functions as are delegated to them by the Board.
Clause 33 provides that the Chief Executive Officer of the Aboriginal
Housing Office is responsible for the day to day management of the affairs of
the AHO in accordance with specific policies and general directions of the
Board of the AHO.
Clause 34 provides for the staff of the Aboriginal Housing Office.
Explanatory note page 5
Part 7 Finance
Clause 35 provides for the establishment of an Aboriginal Housing Fund in
the Special Deposits Account. The Fund is to be applied for the purpose of
enabling the Aboriginal Housing Office to exercise its functions.
Clause 36 provides for the investment of money in the Aboriginal Housing
Fund.
Part 8 Miscellaneous
Clause 37 deals with the preparation and implementation of strategic plans
by the Aboriginal Housing Office.
Clause 38 provides that certain office holders under the proposed Act are
not personally liable for anything done or omitted to be done in good faith for
the purpose of executing the proposed Act or any other Act.
Clause 39 provides for the financial year of the Aboriginal Housing Office.
Clause 40 provides for the seal of the Aboriginal Housing Office.
Clause 41 provides for the recovery of debts by the Aboriginal Housing
Office.
Clause 42 provides that the proposed Act binds the Crown.
Clause 43 is a general regulation-making power.
Clause 44 is a formal provision giving effect to Schedule 2, which amends
other Acts.
Clause 45 is a formal provision giving effect to Schedule 3, which contains
savings, transitional and other provisions.
Clause 46 provides for the review of the proposed Act.
S c h e d u l e s
Schedule 1 relates to the constitution and procedure of the Board of the
Aboriginal Housing Office.
Schedule 2 makes amendments to the following Acts:
Aboriginal Land Rights Act 1983
Home Building Act 1989
Housing Act 1985
Local Government Act 1993
Public Authorities (Financial Arrangements) Act 1987
Explanatory note page 6
Public Finance and Audit Act 1983
Public Sector Management Act 1988
Residential Tenancies Act 1987
Statutory and Other Offices Remuneration Act 1975
The amendments extend certain provisions in those Acts that relate to the
Land and Housing Corporation to the Aboriginal Housing Office, and contain
other provisions of a consequential nature.
Schedule 3 contains savings, transitional and other provisions. It includes
provision for the transfer of assets, rights and liabilities of the State that relate
to Aboriginal housing (such as assets, rights and liabilities of the Department
of Housing or the Land and Housing Corporation) to the Aboriginal Housing
Office. It also includes provision for the transfer of existing agreements
relating to housing to the AHO and the extension of the proposed Act to
those agreements, in particular the provisions relating to transfers or other
dealings in land (see clause 21).
Explanatory note page 7