Queensland: Housing Act 2003 (Qld)

Housing Act 2003 An Act about the provision of housing and related matters Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Housing Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Application, objects and guiding principles 3 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence. 4 Main objects The main objects of this Act are— (a) to improve the access of Queenslanders to safe, secure, appropriate and affordable housing; and (b) to help build sustainable communities. 5 How the objects are to be primarily achieved The objects are to be achieved primarily by making provision about the following matters— (a) housing-related activities carried on by the State, including— (i) providing public housing and other housing services; and (ii) developing, undertaking or supporting other housing programs and initiatives; (b) a system, for supporting and regulating certain types of entities providing housing services, that includes— (i) registering the entities; and (ii) giving them financial assistance, making land available to them or giving them other types of assistance; and (iii) regulating how they provide housing services using the assistance. 6 Guiding principles This Act is to be administered in a way that has sufficient regard to the following principles— (a) the availability of safe, secure, appropriate and affordable housing in a community— (i) enhances the quality of life of people living in the community; and (ii) contributes to the wellbeing of the community by enabling people to participate in its social and economic life; (b) the need for safe, secure, appropriate and affordable housing can be met by entities from government, industry and the community, acting separately and in partnership; (c) a community is sustainable if— (i) it is socially and economically diverse, cohesive, resilient and adaptable; and (ii) it has access to appropriate services and amenities; (d) housing services should be provided in a way that responds to the diverse and changing needs of individuals, families and other households; (e) the State's provision of housing services should— (i) provide leadership and promote best practice in housing provision and residential development; and (ii) be integrated, as far as is reasonably practicable, with the provision of other government social services; (f) individuals being provided with housing under this Act should have access, as far as is reasonably practicable, to an appropriate choice of housing types and tenures; (g) housing services should be provided in a way that has appropriate regard to— (i) local and regional differences; and (ii) cultural diversity; and (iii) Aboriginal tradition and Island custom; Note— Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954, schedule 1. Island custom, known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954, schedule 1. (h) the needs, views and interests of consumers of housing services, indigenous community members and representatives, non-government entities, industry bodies and local governments should be taken into account in developing government housing policy. Division 3 Interpretation 7 Definitions The dictionary in schedule 4 defines particular words used in this Act. 8 Key concepts (1) A housing service is a social housing service or an ancillary housing service. (2) A social housing service is the provision of housing to an individual for residential use, other than crisis accommodation. (3) A community housing service is a social housing service that is not public housing. (4) Public housing is a social housing service provided directly by the State. (5) An ancillary housing service is any of the following— (a) giving financial or other assistance to enable an individual to— (i) buy or lease a residence or obtain housing in another way; or (ii) modify or maintain a residence; (b) any of the following kinds of services— (i) tenant advisory services; (ii) tenant advocacy services; (iii) home maintenance services; (iv) home modification services; (v) housing-related referral and information services; (vi) provision of crisis accommodation; (vii) a prescribed service. 9 [Repealed] Division 4 Queensland Housing Fund 10 Queensland Housing Fund (1) The Queensland Housing Commission Fund under the repealed Act is continued in existence as the Queensland Housing Fund. (2) The Financial Accountability Act 2009 applies to the fund. (3) Accounts for the fund must be kept as part of the departmental accounts. (4) Amounts received for the fund must be deposited in a departmental financial-institution account of the department, but may be deposited in an account used for depositing other amounts of the department. (5) Amounts received for the fund include— (a) amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and (b) amounts received from the Commonwealth for providing housing services; and (c) repayments for loans made under this Act; and (d) rent payments for public housing provided under this Act; and (e) the proceeds of the sale of portfolio property; and (f) other amounts received by the department under this Act. (6) An amount is payable from the fund for the purposes of this Act. Examples of amounts payable from the fund— • grants to registered providers • loans to individuals to obtain housing • purchases of land for the property portfolio • costs of administering this Act (7) Other amounts may be paid into, or out of, the fund for non-housing purposes but an amount may not be paid out of the fund for a non-housing purpose that is more than the amount paid into the fund for that non-housing purpose. (8) An amount may be paid into the fund under this section only if the amount is not required, under the Financial Accountability Act 2009 or another Act, to be paid into another fund or an account other than a departmental account. (9) In this section— departmental accounts means the accounts of the department under the Financial Accountability Act 2009, section 69. non-housing purpose means a purpose other than a purpose of this Act. other amounts of the department means amounts received by the department other than amounts received for the fund. Part 2 Chief executive's functions and powers Division 1 Functions 11 Functions (1) The chief executive is responsible for using the Queensland Housing Fund and portfolio property in ways that best achieve the objects of this Act. (2) The ways that the chief executive may use the fund or property include— (a) providing public housing; and (b) providing grants, loans, land or other assistance to— (i) individuals in need of housing services; and (ii) entities providing housing services; and (iii) entities providing housing for their employees or contractors; and (c) conducting housing-related research; and (d) developing, undertaking or supporting other housing programs and initiatives to— (i) promote the development and sustainability of the housing sector; and (ii) improve the responsiveness of the housing sector to housing need, housing design issues and planning issues; and (iii) otherwise help the housing sector to meet the demand for safe, secure, appropriate and affordable housing; and Examples for paragraph (d)— • leasing commercial premises in conjunction with the provision of public housing • providing funding for activities carried on by peak housing and industry organisations (e) providing housing-related infrastructure. (3) Subsections (1) and (2) do not limit the chief executive's other functions under this or another Act or law. Division 2 Powers 12 General powers (1) The chief executive has, under the Minister and as agent of the State, all the powers of the State that are necessary or desirable for performing the chief executive's functions under this Act. (2) Without limiting subsection (1), the chief executive may, for example, in performing the chief executive's functions— (a) enter into contracts; and (b) acquire, hold, lease, sell and otherwise deal with land and other property; and (c) carry out building and related works and make other improvements to land; and (d) appoint agents and attorneys; and (e) charge for goods and services supplied. (3) The chief executive may, on the terms and conditions and subject to the restrictions, exceptions and reservations the chief executive thinks fit, dispose of portfolio property that is surplus to the requirements of the department. 13 Power to make loans and investments (1) The chief executive may make loans and investments, and pay amounts out of a departmental financial-institution account of the department to make a loan or investment, to achieve the objects of this Act. (2) Subsection (1) applies despite the Financial Accountability Act 2009, section 87. (3) Subject to other laws, the chief executive may set interest rates for the loans in the way the chief executive considers appropriate. 14 Waiver of amounts owed (1) This section applies if a person owes an amount to the chief executive arising out of, or relating to, the chief executive's provision of a housing service. Examples of amounts that may be owed to the chief executive— • a rental payment • an instalment due under a loan agreement • an amount of compensation for damage caused to a rental property (2) The chief executive may waive, entirely or partly, payment of the amount if the chief executive is satisfied the waiver is appropriate in all the circumstances. (3) The chief executive may waive payment unconditionally or on the conditions the chief executive considers appropriate. Example— The chief executive may waive payment of part of an amount owed by a person on the condition that the person enters into a written agreement about repayment of the rest of the amount. (4) In making a decision under this section about waiving payment of an amount owed by a person, the chief executive must have regard to all the relevant circumstances of which the chief executive is aware, including, for example— (a) the size of the amount owed; and (b) why the person owes the amount; and (c) whether payment of the amount would cause the person financial hardship; and (d) the person's likely ability to repay the amount in the future; and (e) any special circumstances relevant to whether it would be fair to enforce payment of the amount. 15 Powers not limited This Act does not limit the chief executive's powers under another Act or law. Example of a power under another Act — a power of the State delegated to the chief executive under the Constitution of Queensland 2001, section 55 Part 3 Obligations relating to social housing services Division 1 Giving information to the chief executive or funded provider 16 Housing service information (1) This division applies to information (housing service information) that a person gives to the chief executive for the purpose of a decision by the chief executive about— (a) whether to provide a housing service to the person; or (b) the type of housing service to provide to the person; or (c) the terms on which to provide a housing service to the person. (2) Housing service information may include, for example, information given by a person— (a) in an application for a housing service; or (b) in compliance with a lease agreement, loan agreement or other agreement with the chief executive about providing a housing service to the person; or (c) while a housing service is being provided to the person, in response to a query from the chief executive. 17 False or misleading information (1) A person must not give the chief executive or a funded provider housing service information that the person knows is false or misleading in a material particular. Examples— 1 A person applies to the chief executive for a loan to buy a house. The application includes false information about the person's financial circumstances. 2 A person applies to the chief executive to be provided with rental accommodation. The application is accompanied by a declaration about the person's income, made by the person's employer, that the person knows to be false. 3 A person is renting a house from a funded provider. In response to a query from the funded provider, the person gives false information about the income of persons living in the house. Maximum penalty—10 penalty units. (2) Subsection (1) does not apply to a person who gives the chief executive or a funded provider a document containing housing service information if the person, when giving the document— (a) tells the chief executive or the funded provider, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. 18 Notice of changes in information (1) This section applies only to housing service information prescribed under a regulation. (2) Within 28 days after there is a change in housing service information that a person has given to the chief executive or a funded provider, the person must give the chief executive or funded provider notice of the change, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. Division 2 Other matters 19 Unauthorised use or subletting of rental accommodation (1) This section applies to a provision of a residential tenancy agreement between the chief executive and a person that— (a) the person must use the premises as the person's place of residence; or (b) the person must not sublease the premises; or (c) the person must not use the premises, or allow the premises to be used, for a purpose other than a place of residence; or (d) the person must not allow the premises to be used as the place of residence of— (i) anyone other than the person, the person's family or other stated persons; or (ii) more than a stated number of persons. (2) The person must not contravene the provision. Maximum penalty—10 penalty units. (3) The person does not contravene the provision only by a non-use, sublease or use of the premises under written authority from the chief executive. (4) Subsection (2) does not limit another consequence of a contravention of the provision. Example for subsection (4)— A person's contravention of a residential tenancy agreement with the chief executive may be an offence against subsection (2) and may also allow the chief executive to take action, as lessor, under the Residential Tenancies and Rooming Accommodation Act 2008. Part 4 Funding Division 1 Preliminary 20 [Repealed] 21 Meaning of funding and funded provider (1) Funding is assistance provided by the chief executive— (a) in the form of money or other assistance to a funded provider to assist the provider in providing housing services; and (b) on condition the funded provider is accountable to the chief executive for providing the housing services and the use of the money or other assistance. (2) A funded provider is an entity providing, or required to provide, housing services using funding. (3) For subsection (2), it does not matter— (a) if other resources are also used to provide the services; or (b) that an agreement under which the funding was provided has ended. 22 Only particular providers eligible to receive funding to deliver social housing services The chief executive may give funding to deliver a social housing service only to— (a) a registered provider; or (b) an exempt provider. Division 2 Providing funding 23 Types of funding that may be provided The chief executive may give an entity that provides, or intends to provide, a housing service funding the chief executive considers appropriate to assist the entity to provide the service, including, for example— (a) making, on appropriate conditions, a monetary grant or a series of monetary grants to the entity; or (b) making a secured loan to the entity; or (c) transferring to the entity land subject to an appropriate security or covenant relating to the use of the land; or (d) leasing land to the entity. 24 Purpose of funding The purpose of funding an entity is to enable it to provide housing services in ways that best achieve the objects of this Act. 25 Funding agreement (1) The chief executive may enter into an agreement (a funding agreement) with an entity for giving funding to the entity. (2) A funding agreement may include the terms the chief executive considers appropriate. Example for subsection (2)— A term of a funding agreement may provide that, if the funded provider deals with a stated amount in a way that contravenes a stated prescribed requirement, the amount is repayable to the chief executive. 26 Demand for repayment of unexpended amounts (1) This section applies if— (a) a funding agreement with a funded provider ends; and (b) an amount that the chief executive paid to the provider under the agreement has not been expended. (2) The chief executive may give the provider a notice (a show cause notice) stating— (a) that the chief executive proposes to demand repayment of the unexpended amount; and (b) that the provider may, within a stated time of at least 7 days, give the chief executive a written response about the proposed demand. (3) After considering any written response received from the provider within the stated time, the chief executive may demand repayment of all or some of the amount stated in the show cause notice. (4) If the chief executive decides not to demand repayment of any of the amount, the chief executive must give the provider notice of the decision. (5) The chief executive may recover the demanded amount as a debt owed to the State. (6) This section does not limit the ways the chief executive may demand payment of, or recover, an amount owed to the chief executive. 27 No entitlement to funding The chief executive is not required to give funding to an entity, or to enter into a funding agreement with an entity, merely because the entity is a registered provider. 28 [Repealed] 29 [Repealed] 30 [Repealed] 31 [Repealed] 32 [Repealed] Division 3 Compliance with prescribed requirements 33 Prescribed requirements (1) A regulation may prescribe requirements relating to the provision of housing services for which a funded provider receives funding. (2) Without limiting subsection (1), a regulation may prescribe a requirement about— (a) how a funded provider conducts its operations while providing a housing service for which the provider receives funding, including— (i) financial management and accountability; and (ii) corporate governance; and (b) how a funded provider delivers services to clients, including— (i) deciding eligibility and priority for services; and (ii) giving information; and (iii) resolving disputes; and (c) other matters about providing a housing service for which the provider receives funding, including— (i) tenancy management; and (ii) rent assessment and collection; and (iii) property management. (3) A requirement may include provision about— (a) preparing, maintaining, publishing or implementing a policy; or (b) reporting to the chief executive. 34 Funded provider must comply with prescribed requirements A funded provider must not contravene a prescribed requirement relating to the provision by the provider of a housing service for which the provider receives funding. Notes— 1 Under section 35, a funded provider may be given a compliance notice requiring the provider to remedy a contravention of a prescribed requirement. 2 The extent of a funded provider's compliance with, or contravention of, a prescribed requirement is likely to be a relevant matter for the chief executive to consider when deciding the further funding, if any, to give to the provider under this part. 3 A funding agreement may include a provision about the consequences of a contravention of a prescribed requirement. 4 Noncompliance by a funded ancillary provider with certain types of prescribed requirements may lead to the appointment of an interim manager to the business of that provider—see sections 40 and 41. 35 Compliance notice (1) This section applies if the chief executive reasonably believes a funded provider— (a) is contravening a prescribed requirement; or (b) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated. (2) The chief executive may give the provider a notice (a compliance notice) requiring the provider to remedy the contravention. (3) The compliance notice must state the following— (a) that the chief executive reasonably believes the provider— (i) is contravening a prescribed requirement; or (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; (b) the prescribed requirement the chief executive believes is being, or has been, contravened; (c) briefly, how it is believed the prescribed requirement is being, or has been, contravened; (d) that the provider must remedy the contravention within a stated reasonable time; (e) that it is an offence to fail to comply with the compliance notice unless the provider has a reasonable excuse. (4) The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement. (5) The provider must comply with the compliance notice unless the provider has a reasonable excuse. Maximum penalty—20 penalty units. (6) If the provider contravenes subsection (5)— (a) the chief executive is not required to give any funding or further funding, to the provider under a funding agreement in force when the relevant compliance notice was given, despite any provision of the agreement; and (b) the chief executive may include in the register a note about the contravention that the chief executive considers appropriate. (7) This section does not limit— (a) a remedy available to the chief executive under a funding agreement; or (b) the chief executive's powers apart from this section. Division 5 [Repealed] (Repealed) Part 4A Community housing providers Division 1 Preliminary 36 Objects of this part 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. 36A Meaning of primary jurisdiction (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. 36B Extraterritorial operation of pt 4A 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. 36C Chief executive declared to be housing agency 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). Division 2 Registrar 36D Appointment (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 Sector Act 2022. 36E Independence of registrar (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. 36F Functions of registrar (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. 36G Powers of registrar The registrar has the power necessary or convenient to carry out the registrar's functions. 36H Registrar must comply with guidelines 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. 36I Registrar not personally liable 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. 36J Delegation of registrar's functions or powers (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. Division 3 Registration 37 Registers established (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. 37A Information on register (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. 37B Application for registration or variation of registration (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. 37C Deciding application (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). 37D Conditions of registration (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. 37E Additional standard conditions for national providers (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. 37F Individual occupier of residential premises 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. 37G Cancellation of registration (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). 37H Community housing assets to be transferred if registration cancelled (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. Division 4 Enforcement powers of registrar 38 Registrar may take action (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. 38A Notice of noncompliance (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. 38B Binding instructions to rectify noncompliance (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. 38C Notice of intent to cancel registration (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. 38D Statutory managers (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. 38E Other matters relating to performance of a function or exercise of a power by statutory manager (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. 38F Displacement provisions (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 Co-operatives National Law (Queensland). 38G No compensation payable by State (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. Division 5 Miscellaneous 38H Disclosure of information 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. Part 5 Appointment of interim manager for particular funded providers Division 1 Preliminary 39 Definitions for pt 5 In this part— business, of a funded ancillary provider, means the business of the provider to the extent that it involves any of the following activities— (a) the provision of an ancillary housing service using funding; (b) the management of funded property; (c) compliance with the terms of a relevant agreement. funded ancillary provider means a funded provider that provides an ancillary housing service but does not provide a social housing service. funded property, for a funded ancillary provider, means property— (a) transferred or leased by the chief executive to the funded ancillary provider for the purpose of providing an ancillary housing service; or (b) bought or leased by the funded ancillary provider using funds entirely or partly provided by a grant, loan or other financial assistance from the chief executive for the purpose of providing an ancillary housing service. relevant agreement, for a funded ancillary provider, means a residential tenancy agreement for which— (a) the lessor is the funded ancillary provider; and (b) the residential premises the subject of the agreement are funded property. Division 2 Appointment 40 Appointment The chief executive may appoint a person as interim manager for the business of a funded ancillary provider. Note— For the appointment of a statutory manager to a registered provider—see section 38D. 41 Basis for appointment (1) The chief executive may appoint an interim manager for the business of a funded ancillary provider only if the chief executive is satisfied the appointment is reasonably necessary to ensure— (a) in relation to the funded ancillary provider— (i) compliance with a prescribed requirement about— (A) deciding eligibility or priority for ancillary housing services; or (B) rent assessment or collection; and (ii) the proper and efficient use of funded property under the funding agreement; or (b) in relation to a relevant agreement—compliance with an obligation under the Residential Tenancies and Rooming Accommodation Act 2008, section 185(2)(b) to (d) or (3)(a) to (c). (2) In deciding whether the appointment is reasonably necessary, the chief executive must have regard to all of the following matters— (a) the amount and type of property the funded ancillary provider is managing in the course of providing the ancillary housing service;