Housing Amendment Regulation (No. 2) 2006 (Qld)

Queensland Housing Amendment Regulation (No. 2) 2006 Subordinate Legislation 2006 No. 305 made under the HousingAct2003 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new ss 4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4A Meaning of affordable housing provider . . . . . . . . . . . 3 4B Inconsistency with assistance agreements . . . . . . . . 3 5 Insertion of new pt 2, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 1A Accreditation 8A Accreditation for certain providers . . . . . . . . . . . . . . . 4 6 Amendment of s 14 (Use of funded property as security) . . . . . . 4 7 Amendment of s 16 (Conflicts of interest) . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 17 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . . 5 9 Amendment of s 23 (Information about the service) . . . . . . . . . . 6 10 Replacement of s 26 (Eligibility policy). . . . . . . . . . . . . . . . . . . . . 6 26 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Insertion of new ss 26A and 26B . . . . . . . . . . . . . . . . . . . . . . . . . 7 26A Applications—long-term community housing program and affordable housing providers . . . . . . . . . 7 26B Allocations—long-term community housing program and affordable housing providers . . . . . . . . . 8

2 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 12 Amendment of s 27 (Allocations policy) . . . . . . . . . . . . . . . . . . . . 8 13 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 27A Duration of need policy. . . . . . . . . . . . . . . . . . . . . . . . 9 14 Insertion of new s 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 38A Certain providers to give and update property details ............................. 9 15 Amendment of pt 6, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Insertion of new pt 6, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 3 Transitional provisions for HousingAmendment Regulation (No. ..) 2006 Subdivision 1 Preliminary 67 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Subdivision 2 Accreditation 68 Accreditation for certain registered providers. . . . . . . 11 Subdivision 3 Transition to one social housing system—long- term community housing program and affordable housing providers 69 Extension of transitional period or time for an action . 11 70 Waitlisted applicants—long-term community housing providers and affordable housing providers . 12 71 Allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13

s1 3 s4 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 1 Short title This regulation may be cited as the Housing Amendment Regulation (No. 2) 2006 . 2 Commencement This regulation commences on 1 February 2007. 3 Regulation amended This regulation amends the Housing Regulation 2003. 4 Insertion of new ss 4A and 4B Part 1, after section 4— insert — ‘4A Meaning of affordable housing provider ‘Each of the following is an affordable housing provider— (a) a registered provider whose assistance agreement with the chief executive requires the provider to ensure that the provider’s rent policy supports the application of the benchmark affordable rents schedule; (b) the Brisbane Housing Company Limited ACN 101 263 834. Editor’s note — The benchmark affordable rents schedule is available on the department’s website at < ‘4B Inconsistency with assistance agreements ‘(1) If a provision of part 2 or part 6, division 3 is inconsistent with a term of an assistance agreement, the provision prevails and the term is void to the extent of the inconsistency. ‘(2) Subsection (1) does not by implication limit another provision of this regulation.’.

s5 4 s7 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 5 Insertion of new pt 2, div 1A After section 8— insert — ‘Division 1A Accreditation ‘8A Accreditation for certain providers ‘(1) A provider that is 1 of the following must obtain accreditation within 18 months after becoming a provider— (a) a provider funded under— (i) the boarding house program; or (ii) the community rent scheme; or (iii) the long-term community housing program; (b) an affordable housing provider. ‘(2) However, a provider funded under the long-term community housing program must have accreditation only if the provider is managing more than 100 tenancies under tenancy agreements.’. 6 Amendment of s 14 (Use of funded property as security) Section 14(1)(c)— omit, insert— ‘(c) it has accreditation.’. 7 Amendment of s 16 (Conflicts of interest) (1) Section 16(2)— omit, insert— ‘(2) The policy must— (a) include guiding principles and procedures for identifying, declaring and dealing with conflicts of interest; and

s8 5 s8 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 (b) be consistent with the requirements in the document titled ‘Practice Guide: Conflict of Interest’ published by the department in January 2007. Editor’s note — This document is available on the department’s website < and a copy may be obtained free of charge from any office of the department. ’. (2) Section 16(4)— omit, insert — ‘(4) In this section, conflict of interest of an officer, employee or volunteer worker includes— (a) any interest that conflicts with the discharge of the officer’s, employee’s or volunteer worker’s responsibilities as an officer, employee or volunteer worker; and (b) a potential conflict of interest.’. 8 Amendment of s 17 (Confidentiality) (1) Section 17, heading, after ‘Confidentiality’— insert— ‘ and information privacy ’. (2) Section 17(1), after ‘confidential’— insert — ‘and personal’. (3) Section 17(3) and (4)— renumber as section 17(4) and (5) . (4) Section 17, after subsection (2)— insert — ‘(3) Also, the policy must include obligations in relation to the information that are at least equivalent to the information privacy principles stated in IS 42.’. (5) Section 17— insert —

s 9 6 s 10 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 ‘(6) In this section— IS 42 means Information Standard No. 42 that establishes a framework for the responsible collection and handling of personal information in the Queensland Government public sector. Editor’s note — This document is available on the website of the Department of Works, Queensland Government Chief Information Office < 9 Amendment of s 23 (Information about the service) (1) Section 23(1)(a)(i) to (iv)— renumber as section 23(1)(a)(iii) to (vi). (2) Section 23(1)(a)— insert— ‘(i) the one social housing system; and (ii) how housing services under the one social housing may be accessed; and’. 10 Replacement of s 26 (Eligibility policy) Section 26— omit, insert — ‘26 Eligibility ‘(1) This section applies to a provider for assessing a client’s eligibility for relevant goods or services. ‘(2) Subsection (3) applies to a provider that is— (a) a provider funded under— (i) the boarding house program; or (ii) the community rent scheme; or (iii) the long-term community housing program; or (b) an affordable housing provider; or

s 11 7 s 11 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 (c) a local government mentioned in the Local Government(CommunityGovernmentAreas)Act2004 , schedule 3, column 2; or (d) an Island Council. ‘(3) The provider must implement the Common Eligibility Criteria published by the department in January 2007. Editor’s note — This document is available on the department’s website < and a copy may be obtained free of charge from any office of the department. ‘(4) Subsections (5) and (6) apply to a provider other than a provider mentioned in subsection (2). ‘(5) The provider must keep an eligibility policy complying with the assistance agreement. ‘(6) The provider must implement the policy consistently and fairly. ‘(7) In this section— eligibility policy means a policy stating the criteria and procedures for deciding eligibility for the relevant goods or services.’. 11 Insertion of new ss 26A and 26B After section 26— insert— ‘26A Applications—long-term community housing program and affordable housing providers ‘(1) An application for relevant goods or services provided by a provider under the long-term community housing program or by an affordable housing provider must be made in the approved form either— (a) directly to the chief executive; or (b) through a provider that is approved by the chief executive to receive an application.

s 12 8 s 13 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 ‘(2) A provider through which an application is made must give the application to the chief executive as soon as practicable after the provider receives it. ‘26B Allocations—long-term community housing program and affordable housing providers ‘(1) For allocating relevant goods or services, a provider under the long-term community housing program must implement the Allocations Policy Long Term Community Housing Program published by the department in January 2007. ‘(2) For allocating relevant goods or services, an affordable housing provider must implement the Allocations Policy Affordable Housing Providers published by the department in January 2007. Editor’s note — These documents are available on the department’s website < and a copy may be obtained free of charge from any office of the department. ’. 12 Amendment of s 27 (Allocations policy) (1) Section 27, heading, after ‘policy’— insert — ‘ —other than for long-term community housing program or affordable housing providers ’. (2) Section 27(1), ‘The provider’— omit, insert— ‘A provider, other than a provider under the long-term community housing program or an affordable housing provider,’. 13 Insertion of new s 27A After section 27— insert —

s 14 9 s 14 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 ‘27A Duration of need policy ‘(1) The following providers must implement the duration of need policy— (a) a provider funded under— (i) the boarding house program; or (ii) the long-term community housing program; (b) an affordable housing provider; (c) a local government mentioned in the Local Government(CommunityGovernmentAreas)Act2004 , schedule 3, column 2; (d) an Island Council. ‘(2) The provider must give each person who enters into a tenancy agreement with the provider a notice, in the approved form, that tells the person— (a) about the duration of need policy; and (b) whether the tenancy will be subject to a review under the policy; and (c) if the tenancy will be subject to a review, when reviews will be made. ‘(3) In this section— duration of need policy means the Duration of Need Policy published by the department in January 2007. Editor’s note — This document is available on the department’s website < and a copy may be obtained free of charge from any office of the department. ’. 14 Insertion of new s 38A Part 2, division 6, after section 38— insert — ‘38A Certain providers to give and update property details ‘(1) This section applies to a provider that is—

s 15 10 s 16 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 (a) a provider funded under the long-term community housing program; or (b) an affordable housing provider; or (c) a local government mentioned in the Local Government(CommunityGovernmentAreas)Act2004 , schedule 3, column 2; or (d) an Island Council. ‘(2) The provider must give the chief executive information, in the approved form, about every funded property for the funded service provided by the provider. ‘(3) If information given to the chief executive under subsection (2) changes, the provider must, as soon as practicable after the change happens, give the chief executive details of the changes in the approved form.’. 15 Amendment of pt 6, div 2 hdg Part 6, division 2, heading, after ‘Transitional’— insert — ‘ provisions for Housing Regulation 2003 ’. 16 Insertion of new pt 6, div 3 After section 66— insert — ‘Division 3 Transitional provisions for Housing Amendment Regulation (No. 2) 2006 ‘Subdivision 1 Preliminary ‘67 Definitions for div 3 ‘In this division— commencement day means the day this division commences.

s 16 11 s 16 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 completion day means 31 July 2007 or another day decided by the chief executive under section 69. long-term community housing provider means a registered provider under the long-term community housing program. transitional period means the period starting on the commencement day and ending on the completion day. waitlist , of a registered provider, means the provider’s list, in any form, of applicants who have applied to the provider for a housing service. ‘Subdivision 2 Accreditation ‘68 Accreditation for certain registered providers ‘(1) Despite section 8A, a registered provider mentioned in that section is not required to obtain accreditation until 3 years after the commencement day. ‘(2) This section applies to a provider whether it became a provider before or after the commencement day. ‘Subdivision 3 Transition to one social housing system—long-term community housing program and affordable housing providers ‘69 Extension of transitional period or time for an action ‘(1) The chief executive may alter the length of the transitional period or the day by which an action must be taken under this subdivision if the chief executive reasonably believes the alteration will better allow the transition to the one social housing system for— (a) the long-term community housing program; or (b) the affordable housing providers. ‘(2) For subsection (1), an alteration may apply to any or all providers or persons.

s 16 12 s 16 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 ‘(3) However, the chief executive must not make an alteration that would cause the transitional period to end after 31 December 2007. ‘(4) If the chief executive makes an alteration under subsection (1), the chief executive must inform entities or persons affected by the alteration about the alteration by notice. ‘70 Waitlisted applicants—long-term community housing providers and affordable housing providers ‘(1) A long-term community housing provider or affordable housing provider must, on or before 1 March 2007, give each existing applicant a notice that, to continue with the applicant’s original application, the applicant must make a fresh application under section 26A on or before 11 April 2007. ‘(2) The provider must give the chief executive a notice stating the day on which each reapplying applicant’s original application was made to the provider. ‘(3) A notice under subsection (2) must be in a form requested by the chief executive, including, for example, a statutory declaration by an executive officer of the provider. ‘(4) In this section— existing applicant means an applicant on a provider’s waitlist on the commencement day. original application , for a reapplying applicant, means the application for relevant goods and services that caused the reapplying applicant to be on the provider’s waitlist. reapplying applicant means an existing applicant who makes a fresh application mentioned in subsection (1). ‘71 Allocations ‘Despite section 26B, for the allocation of relevant goods or services during the transitional period, a long-term community housing provider or affordable housing provider must allocate relevant goods or services under the provider’s

s 17 13 s 17 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 allocation policy as in force immediately before the commencement day.’. 17 Amendment of sch 5 (Dictionary) (1) Schedule 5— insert— ‘ accreditation means— (a) accreditation by the Queensland Community Housing Standards and Accreditation Council; or (b) other accreditation the chief executive considers is at least equivalent to accreditation mentioned in paragraph (a). affordable housing provider see section 4A. boarding house program means the boarding house program administered by the department. commencement day , for part 6, division 3, see section 67. community rent scheme means the community rent scheme administered by the department. completion day , for part 6, division 3, see section 67. long-term community housing program means the long-term community housing program administered by the department. long-term community housing provider , for part 6, division 3, see section 67. one social housing system means the department’s integrated system for providing housing services. published means published on the department’s website and made available at the department’s offices. rent policy see section 34(4). transitional period , for part 6, division 3, see section 67. waitlist , for part 6, division 3, see section 67.’.

s 17 14 s 17 Housing Amendment Regulation (No. 2) 2006 No. 305, 2006 (2) Schedule 5, definition Queensland Standards Accreditation Council , after ‘ Queensland ’— insert — ‘ Community Housing ’. and ENDNOTES 1 Made by the Governor in Council on 14 December 2006. 2 Notified in the gazette on 15 December 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Housing. © State of Queensland 2006