Supported Accommodation Assistance Act 1994

people who are in crisis and at imminent risk of becoming homeless; and

people who are experiencing domestic violence and are at imminent risk of becoming homeless.

in relation to a State other than the Northern Territory or the Australian Capital Territory—the Minister of the Crown of the State who is responsible for the administration of SAAP in the State; or

in relation to the Northern Territory—the Minister of the Northern Territory who is responsible for the administration of SAAP in the Northern Territory; or

in relation to the Australian Capital Territory—the Minister of the Australian Capital Territory who is responsible for the administration of SAAP in the Australian Capital Territory.

For the purposes of this Act, a person is homeless if, and only if, he or she has inadequate access to safe and secure housing.

For the purposes of this Act, a person is taken to have inadequate access to safe and secure housing if the only housing to which the person has access:

damages, or is likely to damage, the person’s health; or

threatens the person’s safety; or

marginalises the person through failing to provide access to:

adequate personal amenities; or

the economic and social supports that a home normally affords; or

places the person in circumstances which threaten or adversely affect the adequacy, safety, security and affordability of that housing.

For the purposes of this Act, a person is taken to have inadequate access to safe and secure housing if:

the person is living in accommodation provided under SAAP; and

the assessment of the person’s eligibility for that accommodation was based on the application of subsection (1) or (2) (ignoring the effect of this subsection).

Subsections (2) and (3) do not limit the generality of subsection (1).

The object of this Act is to grant financial assistance to the States to administer a program, to be known as the Supported Accommodation Assistance Program (“SAAP”).

A description of the aims etc. of SAAP is set out below.

The overall aim of SAAP is to provide transitional supported accommodation and related support services, in order to help people who are homeless to achieve the maximum possible degree of self‑reliance and independence. Within this aim the goals are:

to resolve crisis; and

to re‑establish family links where appropriate; and

to re‑establish a capacity to live independently of SAAP.

The aim of SAAP is to be achieved by:

providing or arranging for the provision of support services and supported accommodation; and

helping people who are homeless to obtain long‑term, secure and affordable housing or accommodation and support services.

Other key features of SAAP are as follows:

SAAP is to be implemented principally through common‑form agreements between the Commonwealth and the States;

the parties to such agreements are to endeavour to work together in a co‑operative relationship where the contributions of each party are valued equally;

the parties to such agreements are to endeavour to work co‑operatively with local government bodies and service providers in connection with the provision of services under SAAP;

SAAP is to promote an image of people who are homeless that emphasises their human dignity and the fact that, irrespective of their current circumstances, they are entitled to opportunities that will enable them to participate fully in community life;

SAAP is to encourage innovation in the provision of services to people who are homeless;

SAAP is to safeguard clients’ rights and deal with clients’ responsibilities through measures including, but not limited to:

the development of grievance and appeals procedures; and

the development of charters of clients’ rights and responsibilities.

For the purposes of this Act, the Minister may, by written instrument, specify a form of agreement dealing with SAAP.

If the form is varied or revoked, the variation or revocation does not affect the validity of a SAAP agreement entered into before the variation or revocation took effect.

An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

to help people who are homeless to resolve crisis, and to achieve greater independence, through the following:

case management;

assessment and referral;

if appropriate—early intervention and re‑establishment of family links;

to further the integration into the community of people who are homeless by increasing access to the following:

employment;

education and training;

health services (including mental health services);

disability and rehabilitation services;

children’s support services;

income support;

other appropriate opportunities and resources;

to help people who are homeless to obtain long‑term, secure and affordable housing and accommodation by providing access to a range of options suitable to their needs;

to complement other services available to people who are homeless.

implementing case management;

developing assessment and referral mechanisms;

introducing early intervention and outreach;

enhancing the skill levels of the service provider work force compatible with core competencies;

strengthening the links between service sectors;

the efficiency and effectiveness of program management (including both Commonwealth and State planning, administration and advisory mechanisms);

establishing the means by which the civil, political, economic and social rights of people who are homeless may be preserved and protected by service providers;

ensuring that outcomes and/or targets in relation to people who are homeless are taken into account in the granting of financial assistance for the provision of services under SAAP;

establishing reporting and accountability arrangements;

establishing networks of support between service providers.

A form of agreement specified in an instrument under section 6 may provide that services under SAAP are to be of a varying duration, type and level according to the needs of individuals.

The following are examples of service activities that may be dealt with by the form of agreement:

case management;

assessment and referral;

supported accommodation;

brokerage;

early intervention;

outreach;

mediation, including re‑establishment of family links where appropriate;

counselling;

advocacy.

Except with the joint written consent of the Minister and the State Minister of each participating State, a form of agreement specified in an instrument under section 6 must provide that SAAP will not replace or duplicate a service that is already provided by, or is the responsibility of, any other government, program or organisation.

If a consent is given under this section, the Minister must cause a copy of the consent to be published in the Gazette.

A form of agreement specified in an instrument under section 6 must provide for the establishment of a committee, to be known as the National SAAP Co‑ordination and Development Committee.

The form of agreement must provide that the Commonwealth and each participating State is to be represented on the National SAAP Co‑ordination and Development Committee.

A form of agreement specified in an instrument under section 6 must provide for the development of:

a national data collection system; and

a national research program; for the following purposes:

informing the development of policies relating to people who are homeless;

improving the management of SAAP;

measuring outcomes in SAAP.

The form of agreement must include provisions directed towards ensuring that the national data collection system and the national research program safeguard the privacy of clients’ personal information.

For the purposes of this section:

personal information has the same meaning as in the Privacy Act 1988; and

the meaning of “privacy” is to be determined having regard to the Australian Privacy Principles.