Housing Act 2003

This Act may be cited as the Housing Act 2003.

This Act commences on a day to be fixed by proclamation.

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.

Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

The main objects of this Act are—

to improve the access of Queenslanders to safe, secure, appropriate and affordable housing; and

to help build sustainable communities.

The objects are to be achieved primarily by making provision about the following matters—

housing-related activities carried on by the State, including—

providing public housing and other housing services; and

developing, undertaking or supporting other housing programs and initiatives;

a system, for supporting and regulating certain types of entities providing housing services, that includes—

registering the entities; and

giving them financial assistance, making land available to them or giving them other types of assistance; and

regulating how they provide housing services using the assistance.

This Act is to be administered in a way that has sufficient regard to the following principles—

the availability of safe, secure, appropriate and affordable housing in a community—

enhances the quality of life of people living in the community; and

contributes to the wellbeing of the community by enabling people to participate in its social and economic life;

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;

a community is sustainable if—

it is socially and economically diverse, cohesive, resilient and adaptable; and

it has access to appropriate services and amenities;

housing services should be provided in a way that responds to the diverse and changing needs of individuals, families and other households;

the State’s provision of housing services should—

provide leadership and promote best practice in housing provision and residential development; and

be integrated, as far as is reasonably practicable, with the provision of other government social services;

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;

housing services should be provided in a way that has appropriate regard to—

local and regional differences; and

cultural diversity; and

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.

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.

The dictionary in schedule 4 defines particular words used in this Act.

A housing service is a social housing service or an ancillary housing service.

A social housing service is the provision of housing to an individual for residential use, other than crisis accommodation.

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.

An ancillary housing service is any of the following—

giving financial or other assistance to enable an individual to—

buy or lease a residence or obtain housing in another way; or

modify or maintain a residence;

any of the following kinds of services—

tenant advisory services;

tenant advocacy services;

home maintenance services;

home modification services;

housing-related referral and information services;

provision of crisis accommodation;

a prescribed service.

The Queensland Housing Commission Fund under the repealed Act is continued in existence as the Queensland Housing Fund.

The Financial Accountability Act 2009 applies to the fund.

Accounts for the fund must be kept as part of the departmental accounts.

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.

Amounts received for the fund include—

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

amounts received from the Commonwealth for providing housing services; and

repayments for loans made under this Act; and

rent payments for public housing provided under this Act; and

the proceeds of the sale of portfolio property; and

other amounts received by the department under this Act.

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

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.

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.

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.

The chief executive is responsible for using the Queensland Housing Fund and portfolio property in ways that best achieve the objects of this Act.

The ways that the chief executive may use the fund or property include—

providing public housing; and

providing grants, loans, land or other assistance to—

individuals in need of housing services; and

entities providing housing services; and

entities providing housing for their employees or contractors; and

conducting housing-related research; and

developing, undertaking or supporting other housing programs and initiatives to—

promote the development and sustainability of the housing sector; and

improve the responsiveness of the housing sector to housing need, housing design issues and planning issues; and

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

providing housing-related infrastructure.

Subsections (1) and (2) do not limit the chief executive’s other functions under this or another Act or law.

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.

Without limiting subsection (1), the chief executive may, for example, in performing the chief executive’s functions—

enter into contracts; and

acquire, hold, lease, sell and otherwise deal with land and other property; and

carry out building and related works and make other improvements to land; and

appoint agents and attorneys; and

charge for goods and services supplied.

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.

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.

Subsection (1) applies despite the Financial Accountability Act 2009, section 87.

Subject to other laws, the chief executive may set interest rates for the loans in the way the chief executive considers appropriate.