Homes Tasmania Act 2022

Homes Tasmania Act 2022

This Act may be cited as the Homes Tasmania Act 2022.

The provisions of this Act commence on a day or days to be proclaimed.

The purposes of this Act are as follows:

to assist in reducing the incidence of housing stress and homelessness in Tasmania;

recognising that housing is a fundamental human right, increase the opportunities for eligible persons, and persons on low or moderate incomes, to live in safe, secure appropriate and affordable housing;

to – enable the provision of housing assistance and housing support services; and facilitate the provision of community support services;

to encourage the development and implementation of short-term, medium-term and long term strategies to increase the opportunities for eligible persons, and persons on low or moderate incomes, to live in safe, secure, appropriate and affordable housing;

to facilitate the ownership, leasehold, or occupation, of residential premises by eligible persons and persons on low or moderate incomes;

to encourage the development of flexible and innovative financial arrangements that facilitate the ownership, leasehold, or occupation, of residential premises by eligible persons and persons on low or moderate incomes;

to enable the strategic acquisition of land, and land and premises, primarily for the development of housing for, or the provision of housing to, eligible persons and persons on low or moderate incomes and to promote the planning of the development of such housing having regard to the desirability of ensuring integrated, liveable communities;

to promote an efficient and effective system of administration of housing services, housing support services and community support services;

to ensure the existence of viable, diverse and accessible – services for the provision of housing assistance; and housing support services; and services related to homelessness;

to ensure appropriate transparency, scrutiny and direction of the performance and exercise of the functions and powers of Homes Tasmania.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

In this Act, unless the contrary intention appears –

accounting standards means the accounting standards, and other requirements, issued by the Australian Accounting Standards Board continued in existence under the Australian Securities and Investments Commission Act 2001 of the Commonwealth;

advance means an advance under Part 12;

ancillary features, in relation to movable residential premises, has the meaning it has in section 8;

annual report in relation to a financial year, means the annual report of Homes Tasmania prepared under section 26 in respect of the financial year;

applicant means – a person who has made an application for an advance; and a person who has made an application under section 56(2) for an advance or for the sale and transfer of residential premises;

Board means the Homes Tasmania Board established under section 14;

borrower means a person who has obtained an advance;

building works includes – the construction, structural alteration, repair, demolition or maintenance (including the re-pointing, re-decoration and external cleaning) of a building or structure; and the preparation for, and laying of, the foundations of a proposed building or structure;

capital cost, in relation to residential premises, includes – a sum that Homes Tasmania determines to cover the cost, if any, of survey and subdivision, and the development, of the land on which the residential premises is erected (including the construction of streets); and any other costs incidental to the acquisition, subdivision and development of the land and the erection of the residential premises; and interest on all expenditure in connection with the land and residential premises up to the time of the completion of the residential premises;

community support services means services or facilities provided for the benefit of members of the community and includes, but is not limited to including, the following services and facilities:counselling services; health services and mental health services; premises in which socially isolated persons may socialise with other persons; any prescribed services or facilities that are for the benefit of the community;

community support provider means a person, or body, who or that – is established solely or substantially for the purposes of providing community support services; and provides community support services otherwise than for the purposes of profit;

contract of sale means a contract for the sale by Homes Tasmania of land or of residential premises and land;

corporate plan means the corporate plan approved under section 25(4)(a) and in force;

eligible person means a person – who is determined under section 6 to be an eligible person or who is within a class of persons determined under that section; or who is a member of a class of persons that is prescribed for the purposes of this definition;

fixed rate, in relation to a purchase or advance, means the rate fixed under section 85 in relation to a purchase or advance, respectively, that is in force at the time when the purchase or advance is made;

fixed table means a table that is fixed under section 85;

hiring agreement means an agreement entered into under section 97;

holding means land of which an applicant or borrower is the beneficial owner in fee simple in possession;

home purchase assistance scheme recipient means a person who is within a class of persons that is approved by the Treasurer under section 76(2);

Homes Tasmania means Homes Tasmania established by section 9(1);

Homes Tasmania Board means the board of directors appointed under section 14(1);

Homes Tasmania CEO means the person appointed as chief executive officer of Homes Tasmania under section 19;

Homes Tasmania Board chair means the Homes Tasmania director appointed to be the chair of the Homes Tasmania Board under section 14(3);

Homes Tasmania director includes – a person appointed as a director of the Homes Tasmania Board under section 14(1); and a person appointed under section 16 to act as a Homes Tasmania director;

Homes Tasmania employee means a person who is appointed or employed, or who is made available to Homes Tasmania, under section 22;

housing assistance means – the provision to an eligible person of accommodation in residential premises in the short, medium or long term; or the sale of residential premises to an eligible person; or the lease, or sublease, of residential premises to an eligible person; or the provision of financial assistance to, or on behalf of, an eligible person to enable the person to pay all or part of a bond or rent, or both, in relation to residential premises; or the provision of financial assistance to an eligible person to enable the person to purchase, construct, alter, enlarge, repair or improve residential premises; or the provision of financial assistance to an eligible person to assist the person to meet reasonable costs related to – moving to or from residential accommodation; or homelessness; or obtaining essential goods and services; or other prescribed matters;

housing provider has the meaning it has in section 7;

housing support provider means a person or body that provides housing support services to eligible persons, whether or not that person or body also provides housing support services to persons who are not eligible persons;

housing support services means – services, approved by Homes Tasmania – that may enable or assist persons, including eligible persons, to obtain or remain in residential premises; or that coordinate the provision to persons, including eligible persons, of services that may enable or assist persons to obtain or remain in residential premises; and any class of services that is prescribed for the purposes of this definition;

land includes – any residential premises, or other structure, situated on land; and vacant land; and in relation to any remedy given to Homes Tasmania under this Act against or with respect to land – all improvements to the land;

material personal interest, in relation to a person, includes, but is not limited to including – a direct or indirect interest of the person; and a pecuniary or non-pecuniary interest of the person; and an interest of a relative of the person; and an interest, of the person, in a business or in a corporation, within the meaning of the Corporations Act 2001 of the Commonwealth; and the employment of the person by another person with a direct or indirect interest in Homes Tasmania; and the holding by the person of an office where there arises or may arise a conflict between the person’s duties in that office and the person’s duties under this Act; and the holding by the person of the office of member in another statutory authority or in the governing authority of another statutory authority; and any other interest of the person that does, or may, give rise to a conflict of interest;

Ministerial direction means a direction of the Minister that is in force under section 24(1);

movable residential premises– see section 8;

plant includes any machine, tool, appliance, equipment, and building materials, used, or designed for use, in or in connection with the carrying out of building works;

purchaser means a person who has purchased from Homes Tasmania land or land and residential premises;

Register has the same meaning as it has in the Land Titles Act 1980;

regulations means the regulations made under this Act;

relative, in relation to a person, means – a spouse, de facto spouse, or partner of the person; and a parent, grandparent, child, brother, sister or cousin of the person; and a person who is in a significant relationship, within the meaning of the Relationships Act 2003, with the person;

repealed Act means the Homes Act 1935, as in force immediately before the day on which it is repealed by the Homes Tasmania (Consequential Amendments) Act 2022;

residential premises includes – a house and its appurtenances, necessary outbuildings, fences, and any facilities that enable electricity, telecommunications, gas, water-supply, drainage, or sewerage, services to be provided to the house; and any unit, or apartment, that is used for the provision of residential accommodation, whether on a temporary basis or otherwise and any facilities that enable electricity, telecommunications, gas, water-supply, drainage, or sewerage, services to be provided to the unit or apartment; and any land on which such a house, unit or apartment is situated and any common property, within the meaning of the Strata Titles Act 1998, in relation to such a unit or apartment;

spouse, in relation to a person, includes a person with whom the person is in a significant relationship, within the meaning of the Relationships Act 2003;

statement of expectations means a statement of expectations provided to the Homes Tasmania Board by the Minister under section 23(1) and in force;

statutory authority means an incorporated or unincorporated body that – is established, appointed or constituted by or under an Act or under the royal prerogative; and is a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority, including a Government Business Enterprise under the Government Business Enterprises Act 1995.

Homes Tasmania may determine – that a person is an eligible person; or a class of persons, the members of which are to be eligible persons by virtue of the determination.

Homes Tasmania may only make a determination under subsection (1) in relation to a person, or a class of persons, if Homes Tasmania is satisfied that the person, or a member of the class of persons, is, or will be, in need of housing assistance under this Act because of particular circumstances or characteristics of – the person or member of the class of persons (in this section referred to as the assisted person); or another person, or a member of another class of persons, (in this section referred to as the associated person) with whom the person or member of a class of persons resides or is to reside.

For the purposes of subsection (2), Homes Tasmania must, in determining whether an assisted person is, or will be, in need of housing assistance, take into account the following:whether the assisted person, or any associated person, is reasonably likely to be able to obtain accommodation that will meet the reasonable accommodation requirements of the assisted person or the associated person only if the housing assistance is provided to the assisted person; the health needs, or mobility needs, of the assisted person or any associated person; the safety of the assisted person or any associated person.

Nothing in subsection (3) is to be taken to limit the circumstances or characteristics, of a person or member of a class, that Homes Tasmania may take into account in deciding whether to make a determination under subsection (2) in relation to a person or a class of persons.

Homes Tasmania may, by notice to a person, require a person to provide to Homes Tasmania, within a period specified in the notice – evidence as to whether the person is an eligible person; or evidence, of a kind specified in the notice, as to whether the person is an eligible person.

If a person, after having been given a notice under subsection (5), fails, within the period specified in the notice, to provide to Homes Tasmania the evidence that the person is required by the notice to provide, Homes Tasmania may, in its discretion, assume that the person is not an eligible person, unless there is evidence before Homes Tasmania that there were reasonable grounds for the failure.

For the purposes of this Act, a housing provider is a person or body – that – constructs, alters, enlarges, repairs or improves residential premises so that the residential premises may be sold or leased to, or used to provide residential accommodation to, eligible persons; or manages residential premises that are leased or subleased to, or used to provide residential accommodation to, eligible persons; and that is a body corporate, a trust, or an entity of the Crown, the objects or purposes of which include – the sale or lease of residential premises to, or the provision of residential accommodation to, eligible persons; or the management of residential premises that are leased or subleased to, or used to provide residential accommodation to, eligible persons.

For the purposes of determining whether a person or body is a housing provider for the purposes of subsection (1), it is irrelevant whether or not – the person or body also constructs, alters, enlarges, repairs or improves residential premises so that the residential premises may be sold or leased to, or used to provide residential accommodation to, persons who are not eligible persons; or the person or body also manages residential premises that are leased or subleased to, or used to provide residential accommodation to, persons who are not eligible persons.

For the purposes of determining whether a body corporate, a trust, or an entity of the Crown, is a housing provider for the purposes of subsection (1), it is irrelevant whether or not that body corporate, trust or entity also sells, leases, or subleases residential premises, or who provides residential accommodation to, persons who are not eligible persons.

For the purposes of this Act, movable residential premises are a structure – that is designed for use as residential accommodation; and is capable of being transferred from place to place reasonably easily.

In this Act, a reference to the ancillary features of movable residential premises is a reference to – any component or other part of the movable residential premises; and any fittings, equipment, or furniture, provided for use in connection with the movable residential premises; and any foundations, footings, steps, or other works, required for the erection or use of the movable residential premises.

Homes Tasmania is established.

Homes Tasmania – is a body corporate with perpetual succession; and may have a seal; and may sue and be sued in its corporate name; and is an instrumentality of the Crown.

In performing a function, or exercising a power, under this Act, Homes Tasmania must take into account the purposes of this Act specified in section 3.

In performing a function, or exercising a power, under this Act, Homes Tasmania must also have regard to the following principles:that strategic planning and development of land for use primarily for residential purposes, and effective allocation of financial and other resources for those purposes, are necessary to ensure that the purposes of this Act can be achieved; that housing is a fundamental human right and that it is desirable to ensure that housing assistance is, and that housing support services are able to be, provided – to persons in need of such assistance and services, with priority being given to those persons most in need of such assistance and services; and for the period that such assistance and services are required to be provided to those persons; that it is desirable to provide different housing options to address the differing needs and wishes of persons; that it is desirable to encourage, enable and assist in the integration, into existing and new housing communities, of – persons with diverse characteristics and diverse financial, social and personal circumstances; and residential premises that are owned or leased by such persons who reside in them or that are provided to such persons by way of housing assistance; that it is desirable to promote and secure the development and sustainability of Tasmania’s housing sector; that it is important to recognise, respect, and promote the fulfilment of, the wishes and needs of persons to whom housing assistance is to be provided and those persons with whom they reside or are to reside.

In addition to any other functions conferred on Homes Tasmania under this or any other Act, Homes Tasmania has the following functions:to support, and fund, the provision of appropriate, affordable and safe accommodation to eligible persons, and persons on low or moderate incomes, in the short, medium or long term; to develop plans for the strategic acquisition and development of land for the purposes of providing housing to eligible persons and persons on low or moderate incomes and to ensure that such plans assist in integrating the occupants of such housing into the community in which the housing is situated, and fostering wellbeing; to manage, or facilitate the management of, residential accommodation provided to eligible persons; to manage schemes to assist persons in need of housing assistance or housing support services or who are home purchase assistance scheme recipients; to identify and report on the needs of eligible persons in the short, medium or long term, and to assist in enabling those needs to be met; to provide assistance and support to housing providers, housing support providers and community support providers; to consult, as appropriate, with – housing providers, housing support providers, community support providers and persons who provide services related to homelessness; and persons for whom housing, housing support, community support or services related to homelessness are provided or are intended to be provided; to conduct research, and develop policy, related to the provision of housing, housing support services, housing assistance and services related to homelessness; to collect information in relation to, and to monitor, the state of the Tasmanian housing market.

In addition to any other powers conferred on Homes Tasmania under this or any other Act, Homes Tasmania has the following powers:to acquire, hold, dispose of and otherwise deal with property; to enter into contracts; to appoint agents and attorneys; to act as agent for another person; to enter into a contract with another person for the performance or exercise of any of Homes Tasmania’s functions or powers either jointly with that other person or by that other person; to engage consultants and provide consultancy services; to do all other things that it is authorised to do by or under this or any other Act; to do all things necessary or convenient to be done in connection with, or incidental to, the performance and exercise of its functions and powers.