| Jurisdiction |
Regulatory approach |
Specific provisions |
Provision for Prudential Supervision |
Tiers of registration |
State interest in land |
| NSW |
1. Housing Act 2001 (amended 2007)
2. Housing Regulation 2009.
The Registrar is appointed by, and subject to the direction and control of, the Minister.
The Register can cancel the registration of non-complying organisations thereby disentitling them to government funding.
A Growth Provider (class 1 registered community housing provider) must leverage its assets at a rate that, in the opinion of the Registrar, delivers sustainable and optimal growth. |
Regulatory Code
- Fairness and resident satisfaction
- Sustainable tenancies and communities
- Asset management
- Sound governance
- Standards of Probity
- Protection of government investment
- Efficient and Competitive Delivery of Community Housing
- Development projects |
Regulatory Code:
Sound governance
- expertise of governing body
- decision making
- planning
-compliance with legal and other requirements
High standards of probity
- fraud and corruption
- code of conduct
- reputation of sector
Protection of Government Investment
- financial performance
- business planning
- risk management |
4 tiers –
1. Growth provider (large manager of properties >400, undertaking development)
2. Housing provider (large manager of properties > 200 undertaking small scale development)
3. Housing manager (small to medium sized management >30, focused on property and tenancy management)
4. Small housing manager (managing one or more properties, focused on tenancy management) |
Proposed legislative amendment to allow government property interest to be registered. |
| Victoria |
1. Housing Act 1983 (amended 2004)
2. Ministerial Statements: Performance Standards, Intervention Guidelines for the Registrar of Housing Agencies.
The Registrar is subject to the direction and control of the Minister.
The Registrar’s powers include the power to make appointments to the governing body, to appoint an administrator, to instruct wind up, merger or the transfer of assets. |
Performance standards
- Governance
- Management
- Probity
- Financial viability
- Tenancy management
- Housing management and maintenance
- Risk Management
|
Performance standards cover Governance, Management,
Probity, and,
Risk Management
Some performance standards require consideration of the National Community Housing Standards. |
2 tiers -
1. Housing Association (Expected to grow social housing stock by leveraging. Must be companies limited by shares or guarantee)
2. Housing provider
(Can be companies limited by shares or guarantee, incorporated associations or co-operatives). |
Director of Housing can declare an interest in certain registered agency land which can be registered on title. |
| QLD |
1.Housing Act 2003
2. Housing Regulation 2003 Chief Executive can appoint an interim manager to a funded service.
Regulations require that certain classes of provider, e.g. affordable housing providers, be accredited.
|
Prescribed requirements under Housing Regulation:
- Financial management and accountability
- Governance
- Service Delivery
- Tenancy matters
- Asset management
|
Prescribed requirements include
Governance
Financial management and accountability Additional requirements for providers who use funded properties as security for loans, e.g. not-for-profit company, wind-up provisions, accreditation. |
Single tier
Registered provider (non profit corporations, local governments or prescribed entities) |
Legislation provides that land may be transferred subject to an appropriate security or land use covenant. |
| WA |
Administrative registration system established in 2007.
Proposed legislative framework for community housing issued in November 2008 for comment.
Proposals include appointment of a Registrar, accountable to the housing authority, who would be responsible for registering providers and investigating complaints. |
Proposed prescribed requirements
To be modelled on the National Community Housing Standards.
Variations according to the level of risk, e.g higher standards for growth providers. |
Proposed requirements cover probity, financial management and governance. |
Proposed – 3 tiers
Class 1: 500 + properties, diverse housing services, complex financial arrangements, multiple partnerships.
Class 2: 100+ properties, more than one type of housing service, relatively straightforward financial arrangements, few partnerships.
Class 3: < 100 properties, single housing service. |
Caveat over title |
| SA |
1. South Australian Co-operative and Community Housing Act 1991.
2. Various related regulations. Legislation covers incorporation, registration and regulation of housing co–operatives and registration and regulation of housing associations.
Minister’s powers of investigation and intervention include appointment of administrator, winding up, transfer of activities and distribution of assets. |
Detailed requirements about the governance of housing cooperatives and the management and financial operations of housing associations and cooperatives. |
Detailed requirements about the governance of housing cooperatives and the management and financial operations of housing associations and cooperatives. |
2 types
1.Housing Associations- not-for-profit, formed primarily to provide housing accommodation.
2. Housing co-operatives- cooperativesformed principally to provide housing to its members. |
Statutory charge |
| TAS |
No legislative regulatory framework for community housing providers. |
N/A |
N/A |
N/A |
N/A |
| NT |
No legislative regulatory framework for community housing providers. |
N/A |
N/A |
N/A |
N/A |
| ACT |
1. Housing Assistance Act 2007 (amended 2008).
2. Disallowable instruments (various) covering performance standards, registration, intervention, and monitoring. Commissioner for Social Housing can appoint members to the Board or appoint an administrator to control operations or wind up and distribute assets.
Registrar has delegated powers to register housing providers, monitor ongoing compliance with eligibility criteria and maintain the public register. |
Standards apply to community housing providers and include:
- Tenancy management
- Tenant rights and participation
- Governance and organisational management
- Finance
- Management systems
|
Standards cover governance and organisational management, and financial viability.
Affordable Housing Providers must establish that they are operating within an acceptable level of risk. |
2 tiers – detailed registration eligibility criteria in Act.
1. Affordable Housing provider
(incorporated, not-for-profit, charity or Public Benevolent Institution, objective to provide affordable or community housing, Board able to approve financing of housing projects, operating within an acceptable level of risk)
2. Community Housing provider
(incorporated, not-for-profit, objective to provide affordable or community housing, managing not less than 10 properties, compliance with standards). |
Legislation provides that assistance may be given to registered housing provider subject to conditions. |