Housing Amendment Regulation (No. 1) 2013 (Qld)

Queensland Housing Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 239 made under the HousingAct2003 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 4 (Meaning of housing service—Act, s 8) . . . . 3 4 Prescribed service—Act, s 8 . . . . . . . . . . . . . . . . . . . 3 5 Omission of s 4A (Meaning of affordable housing provider). . . . . 3 6 Amendment of s 4B (Inconsistency with assistance agreements) 3 7 Replacement of pt 2 (Prescribed requirements). . . . . . . . . . . . . . 4 Part 2 Prescribed requirements Division 1 Preliminary 5 Prescribed requirements—Act, s 33. . . . . . . . . . . . . . 4 6 Requirement to keep a document . . . . . . . . . . . . . . . 4 7 Requirement to implement a document . . . . . . . . . . . 4 Division 2 Financial management and accountability requirements 8 Use of funding and other receipts . . . . . . . . . . . . . . . 5 9 Return of unexpended amounts . . . . . . . . . . . . . . . . . 5 10 Use of funded property as security . . . . . . . . . . . . . . 5 11 Particular funded providers must prepare annual financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Housing Amendment Regulation (No. 1) 2013 Contents 12 Asset management plan. . . . . . . . . . . . . . . . . . . . . . . Division 3 Governance and service delivery 13 Compliance with information privacy principles . . . . . 14 Eligibility assessment and allocations policy—social housing services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Applications for social housing services. . . . . . . . . . . 16 Eligibility assessment—ancillary housing services . . 17 Rent policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Certain funded providers to give and update property details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Preparation or submission of documents generally . . 8 Amendment of s 57 (Prescribed housing service information—Act, s 18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Insertion of new s 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Transfer or disposition of assets—Act, s 159 . . . . . . . 10 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Transitional provisions for Housing Amendment Regulation (No. 1) 2013 82 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Existing assistance agreements . . . . . . . . . . . . . . . . . 84 Obligation to retain documents. . . . . . . . . . . . . . . . . . 85 Existing budget and financial reporting obligations . . 86 Existing obligation to prepare or submit documents. . 87 Return of surplus amounts . . . . . . . . . . . . . . . . . . . . . 88 Existing applications for particular relevant goods or services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Unresolved disputes . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 7 8 8 9 10 10 11 11 12 14 14 14 15 15 16 16 17 17 18 Page 2 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 1] 1 Short title This regulation may be cited as the Housing Amendment Regulation (No. 1) 2013 . 2 Commencement This regulation commences on the commencement of the Housing and Other Legislation Amendment Act 2013 , part 2. 3 Regulation amended This regulation amends the Housing Regulation 2003. 4 Replacement of s 4 (Meaning of housing service —Act, s 8) Section 4— omit , insert — 4 Prescribed service—Act, s 8 The National Rental Affordability Scheme is a prescribed service for section 8(5)(b)(vii) of the Act. 5 Omission of s 4A (Meaning of affordable housing provider ) Section 4A— omit . 6 Amendment of s 4B (Inconsistency with assistance agreements) (1) Section 4B, heading, ‘assistance’— omit , insert — funding 2013 SL No. 239 Page 3

Housing Amendment Regulation (No. 1) 2013 [s 7] (2) Section 4B(1), ‘an assistance’— omit , insert— a funding 7 Replacement of pt 2 (Prescribed requirements) Part 2— omit , insert — Part 2 Prescribed requirements Division 1 Preliminary 5 Prescribed requirements—Act, s 33 (1) This part prescribes, for section 33 of the Act, the requirements applying to a funded provider. (2) Except where otherwise stated, the requirements apply to a funded provider only while it is— (a) providing a housing service using funding; or (b) required under a funding agreement to provide a housing service. 6 Requirement to keep a document A requirement under this part that a funded provider keep a document is a requirement that the provider prepare the document and keep it up-to-date. 7 Requirement to implement a document A requirement under this part that a funded provider implement a document is a requirement that the provider— Page 4 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 7] (a) implement the procedures stated in the document; and (b) comply with the policies or other matters stated in the document. Division 2 Financial management and accountability requirements 8 Use of funding and other receipts A funded provider must ensure funding or receipts for a housing service it provides are used in a way that complies with the funding agreement. 9 Return of unexpended amounts (1) This section applies to an amount if— (a) the amount is comprised of receipts for a housing service; and (b) under the funding agreement for the service, the amount is required to be expended within a particular period; and (c) at the end of the period, the amount has not been expended. (2) While the funding agreement is in force, the chief executive may, by written notice, require the funded provider to pay the amount to the chief executive. (3) The funded provider must pay the amount to the chief executive within 8 weeks after the day the provider receives the written notice. 10 Use of funded property as security A funded provider must not use funded property as security for a loan unless the provider is a registered 2013 SL No. 239 Page 5

Housing Amendment Regulation (No. 1) 2013 [s 7] provider that is a company registered under the Corporations Act. 11 Particular funded providers must prepare annual financial statements (1) This section applies to a funded provider that provides an ancillary housing service (the service ). (2) The funded provider must prepare annual financial statements for each financial year in which it receives funding for the service. (3) The annual financial statements must be in the form, and contain the information, required under the funded provider’s establishing Act. (4) If the chief executive requests a copy of the annual financial statements, the funded provider must comply with the request. (5) To remove any doubt, it is declared that this section applies to the funded provider even if it— (a) does not provide, or is not required to provide, the service for the whole of the financial year; or (b) stops providing the service before fully complying with this section. Page 6 12 Asset management plan (1) A funded provider must prepare and implement a management plan (an asset management plan ) for each of its assets that is funded property. (2) The purposes of an asset management plan are to— (a) maintain the long-term viability and value of the asset to which the plan applies; and (b) ensure the asset is appropriate for— 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 7] (i) the type of housing service the funded provider provides; and (ii) the needs of persons accessing the service; and (iii) the circumstances in which the funded provider operates the service. (3) An asset management plan must include financial strategies for its implementation. (4) If the chief executive requests a copy of an asset management plan, the funded provider must comply with the request. Division 3 Governance and service delivery 13 Compliance with information privacy principles A funded provider must comply with the InformationPrivacyAct2009 , chapter 2, parts 1 and 3 as if the provider were the department. 14 Eligibility assessment and allocations policy—social housing services (1) This section applies to a funded provider that provides, or is required under a funding agreement to provide, a social housing service (the service ). (2) In assessing a person’s eligibility to receive, or continue receiving, the service, the funded provider must implement the document, published by the department, called ‘Social Housing Eligibility Criteria’. 2013 SL No. 239 Page 7

Housing Amendment Regulation (No. 1) 2013 [s 7] Note — A copy of the document called ‘Social Housing Eligibility Criteria’ is available from the department on request or from the department’s website < (3) When allocating the service, the funded provider must implement the document, published by the department, called ‘Allocations policy for funded social housing providers’. Note — A copy of the document called ‘Allocations policy for funded social housing providers’ is available from the department on request or from the department’s website < 15 Applications for social housing services (1) A funded provider must ensure an application received from a person for a social housing service is in the approved form and given— (a) directly to the chief executive; or (b) to a funded provider approved by the chief executive to receive an application for a social housing service. (2) If a funded provider other than a provider mentioned in subsection (1)(b) receives an application in the approved form for a social housing service, the provider must, as soon as practicable, give the application to— (a) the chief executive; or (b) a funded provider mentioned in subsection (1)(b). Page 8 16 Eligibility assessment—ancillary housing services (1) This section applies to a funded provider that provides, or is required under a funding 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 7] agreement to provide, an ancillary housing service (the service ). (2) The funded provider must keep a policy (the eligibility policy ) stating the criteria and procedures for deciding whether a person is eligible to receive the service. (3) The eligibility policy must comply with the funding agreement for the service. (4) The funded provider must implement the eligibility policy consistently and fairly. 17 Rent policy (1) This section applies to a funded provider if, in the course of providing a housing service, the provider provides housing to individuals (each, a resident ) for residential use. . (2) The funded provider must keep a rent policy that complies with the funding agreement for the housing service and includes appropriate provision for the following matters— (a) explaining rent calculations to the residents and dealing with their queries or concerns about matters relating to rent; (b) giving the residents a choice of rent payment methods; (c) preventing serious rent arrears. (3) The funded provider must implement the rent policy consistently and fairly. (4) For subsections (2) and (3), it does not matter whether a resident pays the provider rent for the housing. (5) However, if a resident does pay the provider rent for the housing, the provider must keep a record of rent calculations for the resident for the period— 2013 SL No. 239 Page 9

Housing Amendment Regulation (No. 1) 2013 [s 7] (a) starting on the day the resident starts paying rent; and (b) ending on the day that is 6 months after the last day on which the resident pays rent. (6) In this section— rent policy means a policy stating criteria and procedures relating to rent paid by residents, including— (a) setting the amount of rent; and (b) calculating rent payments; and (c) collecting rent; and (d) managing rent arrears. 18 Certain funded providers to give and update property details (1) This section applies to a funded provider that provides, or is required under a funding agreement to provide, a social housing service (the service ). (2) The funded provider must give the chief executive information, in the approved form, about each funded property for the service. (3) If information given to the chief executive under subsection (2) changes, the funded provider must, as soon as practicable, give the chief executive details of the change in the approved form. Page 10 19 Preparation or submission of documents generally (1) The chief executive may give a funded provider written notice requiring the provider to give the chief executive within the time stated in the notice— 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 8] (a) stated financial information relating to a housing service the funded provider provides, or is required under a funding agreement to provide; or (b) stated information about— (i) the use of funded property; or (ii) another matter relating to the provision of a housing service the funded provider provides, or is required under a funding agreement to provide; or (c) stated non-identifying information about the funded provider’s clients. (2) The funded provider must comply with a request made under subsection (1) within the time stated in the notice. 8 Amendment of s 57 (Prescribed housing service information—Act, s 18) Section 57(3)— insert — residential tenancy agreement — (a) has the meaning given under the ResidentialTenanciesandRoomingAccommodationAct 2008 , section 12; and (b) includes a rooming accommodation agreement within the meaning of the ResidentialTenanciesandRoomingAccommodation Act 2008 , section 16. 9 Insertion of new s 59 After section 58— insert — 2013 SL No. 239 Page 11

Housing Amendment Regulation (No. 1) 2013 [s 9] Page 12 59 Transfer or disposition of assets—Act, s 159 (1) This part prescribes, for section 159(2) of the Act, the way in which an accommodation provider must transfer or otherwise dispose of each of its relevant assets. (2) Before transferring or otherwise disposing of a relevant asset, an accommodation provider must consult with the chief executive about the most appropriate method for transferring or otherwise disposing of the asset. (3) An accommodation provider may transfer or otherwise dispose of relevant property, other than a relevant lease, in any 1 or more of the following ways— (a) by paying the department an amount of money that is equal to the value of the interest in the asset held by the chief executive; (b) by transferring the accommodation provider’s proprietary interest in the asset to the chief executive; (c) with the written consent of the chief executive—by transferring the asset to a registered provider; (d) in a way, other than a way mentioned in paragraphs (a) to (c), stated in a written agreement between the chief executive and the accommodation provider for transferring or otherwise disposing of the property. (4) An accommodation provider may transfer or otherwise dispose of a relevant lease in any 1 or more of the following ways— (a) by surrendering the provider’s interest under the lease to the chief executive; (b) with the written consent of the chief executive—transferring or assigning the 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 9] provider’s interest under the lease to a registered provider; (c) in a way, other than a way mentioned in paragraph (a) or (b), stated in a written agreement between the chief executive and the accommodation provider for disposing of the lease. (5) An accommodation provider may transfer or otherwise dispose of relevant receipts in any 1 or more of the following ways— (a) by returning the amount of the receipts to the chief executive; (b) with the written consent of the chief executive—by transferring the amount to a registered provider; (c) in a way, other than a way mentioned in paragraph (a) or (b), stated in a written agreement between the chief executive and the accommodation provider for disposing of the receipts. (6) The chief executive may impose a condition on a written consent mentioned in subsections (3)(c), (4)(b) or (5)(b) if the chief executive considers the condition reasonably necessary to protect the asset. (7) An accommodation provider must comply with any conditions imposed by the chief executive. (8) In this section— relevant lease means relevant property that is leased by the chief executive or the Queensland Housing Commission to an accommodation provider for the purpose of providing a relevant housing service. 2013 SL No. 239 Page 13

Housing Amendment Regulation (No. 1) 2013 [s 10] 10 Insertion of new pt 6, div 5 Part 6— insert — Division 5 Transitional provisions for Housing Amendment Regulation (No. 1) 2013 82 Definitions for div 5 In this division— commencement means the commencement of this section. former , in relation to a provision of this regulation, means the provision as in force immediately before the commencement. 83 Existing assistance agreements (1) This section applies if— (a) before the commencement, an entity (the provider ) was a registered provider providing, or required under an assistance agreement to provide, a funded service; and (b) the assistance agreement continues after the commencement. (2) Subject to sections 84 to 89, for the period within which the assistance agreement continues, the obligations under part 2 of this regulation apply— (a) to the provider as if it were a funded provider; and (b) the assistance agreement as if it were a funding agreement; and (c) the funded service as if it were a housing service provided, or required to be provided, Page 14 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 10] by the provider using funding under the agreement. 84 Obligation to retain documents (1) This section applies if, immediately before the commencement, an entity (the provider ) that was a registered provider was required under former part 2 to keep a plan, policy, record, written position description or written statement (each, a document ). (2) The provider must retain the document for the period that is 7 years after the day the provider last implements the document. (3) The requirement under this section is taken to be a prescribed requirement under the Act for the provider. (4) In this section— implement , for a document, see section 7. 85 Existing budget and financial reporting obligations (1) This section applies to an entity (the provider ) that was, immediately before the commencement— (a) a registered provider; and (b) subject to a requirement under any of the following provisions— (i) former section 10(3) and (4); (ii) former section 11; (iii) former section 40. (2) For the financial year ending 30 June 2014, the requirements under each of the former provisions mentioned in subsection (1)(b)— 2013 SL No. 239 Page 15

Housing Amendment Regulation (No. 1) 2013 [s 10] (a) continue, despite the repeal of the former provisions, to apply to the provider; and (b) are taken to be prescribed requirements under the Act for the provider. 86 Existing obligation to prepare or submit documents (1) This section applies if, before the commencement— (a) the chief executive required an entity (the provider ) that was a registered provider to prepare or give a document under former section 39; and (b) the provider has not complied with the requirement. (2) For subsection (1)(b), it does not matter whether or not the stated reasonable period for the requirement ended before the commencement. (3) The requirement under former section 39— (a) continues, despite the repeal of section 39, to apply to the provider; and (b) is taken to be a prescribed requirement under the Act for the provider. Page 16 87 Return of surplus amounts (1) This section applies if, before the commencement— (a) the chief executive has given an entity (the provider ) that was a registered provider a notice under former section 13(2); and (b) the provider has not complied with the notice. (2) The requirement under former section 13(3)— 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 10] (a) continues, despite its repeal, to apply to the provider; and (b) is taken to be a prescribed requirement for the provider under the Act. 88 Existing applications for particular relevant goods or services (1) This section applies if— (a) before the commencement, an entity (the provider ) that was a registered provider mentioned in former section 26A(1)(b) received an application for relevant goods and services provided by a longer term housing provider or a transitional housing provider; and (b) at the commencement, the provider has not given the application to the chief executive. (2) The provider must give the chief executive the application as soon as practicable. 89 Unresolved disputes (1) This section applies if, before the commencement— (a) a dispute arose between an entity (the provider ) that was a registered provider and a client of the provider; and (b) the dispute has not been resolved or otherwise ended. (2) For resolving the dispute, the provider must continue to implement the policy mentioned in former section 29(1)(a) that applied for the dispute immediately before the commencement. 2013 SL No. 239 Page 17

Housing Amendment Regulation (No. 1) 2013 [s 11] 11 Amendment of sch 5 (Dictionary) (1) Schedule 5, definitions accounting standards , assistance agreement , client , eligible person , funded property , indigenous regional council , officer , provider , receipts , relevant goods or services , rent policy , residential tenancy agreement , service , tenancy agreement and tenant — omit . (2) Schedule 5— insert — commencement for part 6, division 5, see section 82. funded property , for a housing service, means any of the following— (a) land transferred to the funded provider by the chief executive or another funded provider; (b) land acquired by the funded provider wholly or partly using funding or receipts for the housing service; (c) land held by the funded provider on which housing has been constructed, or other improvements made, either wholly or partly by the chief executive or using funding or receipts for the housing service; (d) property leased by the chief executive to the funded provider for the provision of the housing service; (e) property leased by the funded provider using, wholly or partly, funding or receipts for the housing service; (f) receipts for the housing service; (g) an amount mentioned in section 9(1). Page 18 2013 SL No. 239

Housing Amendment Regulation (No. 1) 2013 [s 11] receipts , for a housing service, means any of the following— (a) funding in the form of grants, loans or other financial assistance paid to the funded provider by the chief executive; (b) rent or other income, including proceeds of sale, from funded property; (c) fees received by the funded provider for providing the housing service; (d) any other monies received or provided for the housing service; (e) interest received by the funded provider on an amount mentioned in paragraphs (a) to (d). (3) Schedule 5, definition client , ‘registered’— omit , insert — funded (4) Schedule 5, definition establishing Act , ‘registered’— omit , insert — funded (5) Schedule 5, definition implement , ‘section 8’— omit , insert — section 7 (6) Schedule 5, definition keep , ‘section 7’— omit , insert — section 6 ENDNOTES 1 Made by the Governor in Council on 21 November 2013. 2 Notified on the Queensland legislation website on 22 November 2013. 3 The administering agency is the Department of Housing and Public Works. 2013 SL No. 239 Page 19

Housing Amendment Regulation (No. 1) 2013 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 20 2013 SL No. 239