Housing Assistance Act 2007

This Act is the Housing Assistance Act 2007.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘housing assistance—see section 7.’ means that the term ‘housing assistance’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2 Objects and important concepts

The main objects of this Act are—

to maximise the opportunities for everyone in the ACT to have access to housing that is affordable, secure and appropriate to their needs; and

to facilitate the provision of housing assistance for those most in need; and

to maximise value for money in the provision of housing assistance; and

to promote a choice of forms of housing assistance, and providers of housing assistance, for entities eligible for housing assistance; and

Note Entity includes a person—see the Legislation Act, dict, pt 1.

to facilitate the provision of rental housing that—

has adequate amenity, is of an adequate size and is appropriately located for employment opportunities and necessary services and facilities; and

is coordinated with any support services (provided under other laws) required by consumers of housing assistance to live in the community; and

to facilitate the provision of an adequate supply of affordable home finance for people on low and moderate incomes; and

to promote the development of flexible and innovative financial arrangements to facilitate access to home ownership for people on low and moderate incomes; and

to promote the growth of a community housing sector as a viable alternative to public and private rental housing and home ownership; and

to promote the establishment of appropriate mechanisms and forums to allow input into housing policy by consumers, and potential consumers, of housing assistance and by representative non-government agencies involved in housing policy and provision.

A person administering this Act must have regard to the objects of the Act to the maximum extent practicable considering the resources available to the person.

In this Act:

housing assistance means services, programs, assets, rebates and amounts, provided under an approved housing assistance program to help entities who are eligible for assistance under the program to meet their emergency, short-term, medium-term and long‑term housing needs.

Note Approved housing assistance program—see s 19.

For this Act, an entity is eligible for housing assistance if the entity meets the eligibility criteria under an approved housing assistance program.

Note Entity includes a person—see the Legislation Act, dict, pt 1.

Part 3 Housing Commissioner

There is a Commissioner for Social Housing (the housing commissioner).

The housing commissioner is a corporation and must have a seal.

The director‑general is the housing commissioner.

The housing commissioner has all the powers of a person, unless expressly excluded by this Act.

Examples of powers

1 to enter into a contract

2 to own and dispose of property

3 to sue and be sued

4 to act as a trustee

Note 1 Person includes an individual and a corporation (see Legislation Act, dict, pt 1).

Note 2 See s 12 to s 15 for limits on the housing commissioner’s powers.

Without limiting subsection (1), the housing commissioner may enter into arrangements with entities to provide housing assistance.

Note Entity includes a person—see the Legislation Act, dict, pt 1.

The housing commissioner has the following functions:

administering, on behalf of the Territory, programs and funding arrangements for delivering housing assistance in the ACT by way of—

public rental housing; and

home ownership; and

financial assistance to home owners and tenants; and

community housing; and

affordable housing;

administering, on behalf of the Territory, any services relating to housing assistance that the Minister approves under subsection (2).

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

The Minister may approve stated services relating to housing assistance.

An approval is a notifiable instrument.

The housing commissioner does not have the power to employ staff on a contract of employment.

The housing commissioner must not—

enter into negotiations for a joint venture without the Minister’s prior written approval; or

enter into an agreement for a joint venture without the Executive’s prior written approval.

An approval under subsection (1)—

may apply generally or may relate to a particular proposed joint venture; and

may be given subject to the conditions or restrictions stated in the approval.

This section applies if the housing commissioner enters into an agreement for a joint venture.

The housing commissioner must, not later than 14 days after the day the commissioner enters into the agreement, give the Minister a written statement (the commissioner’s statement) setting out the details of, and the reasons for entering into, the agreement.

The Minister must present a copy of the commissioner’s statement to the Legislative Assembly not later than 6 sitting days after the day the Minister is given the statement.

However, the copy of the commissioner’s statement presented to the Legislative Assembly need not include any material that is commercially sensitive.

If commercially sensitive information is not included in the presented copy of the commissioner’s statement, the Minister must, when presenting the statement to the Legislative Assembly, also present a further statement setting out the general nature of the commercially sensitive information and the reason for it not being included in the presented statement.