South Australian Housing Trust Act 1995

This Act may be cited as the South Australian Housing Trust Act 1995.

In this Act, unless the contrary intention appears—

board means the board of management of SAHT;

Chief Executive means the Chief Executive of the Department and includes the person for the time being acting in that position;

Department means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the Department primarily responsible for assisting the Minister in the administration of this Act;

liability includes contingent liability;

Minister means the Minister to whom the administration of this Act is committed, as constituted as a body corporate under the Administrative Arrangements Act 1994;

right includes a right of action;

SAHT means the South Australian Housing Trust;

statutory corporation means a body established under the Housing and Urban Development (Administrative Arrangements) Act 1995;

subsidiary of SAHT—see Part 3.

The South Australian Housing Trust (SAHT) continues in existence.

SAHT continues as a body corporate.

The functions of SAHT include—

to assist people to secure and maintain affordable and appropriate housing by—

acting as a landlord of public housing in the State; and

managing various forms of public housing in the State; and

providing private rental assistance; and

providing advice and referral on housing options and housing related issues; and

supporting initiatives (within the various sectors) to increase the supply of affordable housing;

to provide houses to meet housing needs, or to support or promote programs or other initiatives within the private or not-for-profit sectors to meet housing needs;

to facilitate support for South Australians so as to increase their ability to achieve successful housing outcomes;

to provide advice to the Minister on—

issues, initiatives or programs associated with the housing needs of the community; and

any other issues as the Minister or SAHT thinks fit;

to carry out any other functions conferred on SAHT by or under this Act or other Acts, by the Minister or by delegation under an Act.

SAHT will be the principal property and tenancy manager of public housing in the State.

SAHT should—

provide affordable, secure and appropriate housing that meets the needs of its clients; and

ensure that rental housing provided by SAHT is well located, of adequate size and condition, and meets reasonable standards of health, safety and security; and

ensure that housing built by or for SAHT after the commencement of this Act incorporates modern standards of energy efficiency; and

aim to provide housing that provides reasonable access to community services.

In conducting its affairs and after taking into account the policies of the Government, SAHT should meet its aims and objectives through the most appropriate and effective mechanisms available to it (which mechanisms may include engaging or funding other bodies or persons to provide or deliver programs or services so as to result in the best use of the resources available to SAHT).

In addition, in conducting its affairs, SAHT must establish consultative arrangements with groups and organisations with an interest in the housing sector, including (but not limited to) groups or organisations that represent the interests of tenants or the providers of community or Aboriginal housing.

Subject to a limitation imposed by or under an Act, SAHT has all the powers of a natural person together with the powers specifically conferred on it by or under this Act or other Acts.

In addition to the powers conferred on SAHT by or under this Act or other Acts, SAHT may—

lease houses from an agent or instrumentality of the Crown or any other person;

let houses under its ownership, management or control for such periods as SAHT thinks fit, and exercise in relation to those houses the powers of a landlord;

subject to this Act (or any other Act), fix the terms, covenants and conditions on which houses are let by it;

pay bonuses or allowances to tenants who show special diligence and care;

divide, or subdivide, land for the development of houses;

build, alter, enlarge, repair and improve houses or enter into contracts under which houses will be built, altered, enlarged, repaired or improved on behalf of SAHT;

convert buildings into houses;

hold an interest in land under the Community Titles Act 1996 or the Strata Titles Act 1988 and participate in the membership or management of any corporation under either Act;

initiate, facilitate or participate in joint developments;

provide advisory, consultative, managerial, support or other forms of service, within the areas of SAHT's expertise, to other entities involved in the division, development or management of land or housing;

provide financial, and other, assistance in the public, private and community housing sectors, subject to the qualification that the provision of financial assistance will be subject to the approval of the Treasurer;

receive and administer funds on behalf of third parties, on an agency basis.

If SAHT sells an interest in residential property, the net proceeds of sale received by SAHT must be applied towards a purpose or purposes associated with the provision of housing within the State.

The assistance that may be provided under subsection (1)(k) may include—

the provision of support or payments of money—

by way of grant; or

by way of loan; or

by way of funding agreements that involve the provision of financial benefits or accommodation (whether immediately or over a period of time);

the transfer of assets or rights.

SAHT may, by arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality.

SAHT is subject to the control and direction of the Minister.

SAHT is managed by a board of management.

The board consists of seven members appointed by the Governor.

At least one member of the board must be a woman and at least one member must be a man.

The Governor must appoint a member of the board as the board's presiding member.

The Governor may appoint a suitable person to be the deputy of a member of the board and to act as a member of the board during a period of absence of the member (and a reference in this Act to a member of the board will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the board).

A member of the board is appointed on conditions determined by the Governor and for a term, not exceeding three years, determined by the Governor and, at the expiration of the term of appointment, is eligible for reappointment.

The Governor may remove a member of the board from office—

for breach of, or non-compliance with, a condition of appointment, or on any other basis specified in the instrument of appointment or under an agreement between the Minister and the member; or

for misconduct; or

for failure or incapacity to carry out official duties satisfactorily; or

if serious irregularities have occurred in the conduct of the board's affairs or the board has failed to carry out its functions satisfactorily and the board's membership should, in the opinion of the Governor, be reconstituted for that reason.

The office of a member of the board becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

is convicted of an indictable offence or sentenced to imprisonment for an offence; or

is removed from office under subsection (2).

On the office of a member of the board becoming vacant, the Governor may appoint a person to the vacant office.

A member of the board is entitled to remuneration, allowances and expenses determined by the Governor.

A member of the board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter—

arising because the member has shares in a public company that is interested in a contract with SAHT, provided that the person's interest does not amount to a substantial shareholding in the company; or

arising because the member is a tenant of SAHT, or a party to a contract for the purchase of a house from SAHT, provided that the matter under consideration is of general application to all persons in that situation, or to a substantial number of them; or

that has been under consideration by the board on a previous occasion or occasions and the board has resolved that there is no real or substantial reason why the member should not be present in the circumstances of the particular case.

For the purposes of this section, a person has a substantial shareholding in a public company if the person has a substantial shareholding in the company for the purposes of Chapter 6 of the Corporations Act 2001 of the Commonwealth.

In this section—

public company means a public company as defined in section 9 of the Corporations Act 2001 of the Commonwealth.

An act or proceeding of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.