(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.
(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)
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