Housing Amendment Regulation (No. 2) 2009 (Qld)

Queensland Housing Amendment Regulation (No. 2) 2009 Subordinate Legislation 2009 No. 238 made under the HousingAct2003 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 17 (Confidentiality and information privacy) . . 3 17 Compliance with information privacy principles . . . . . 3 5 Amendment of s 23 (Information about the service) . . . . . . . . . . 3 6 Amendment of s 26 (Eligibility). . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 26A (Applications—long-term community housing program and affordable housing providers) . . . . . . . . . . 4 8 Amendment of s 26B (Allocations—long-term community housing program and affordable housing providers) . . . . . . . . . . 4 9 Amendment of s 27 (Allocations policy—other than for long-term community housing program or affordable housing providers). . . 5 10 Insertion of new pt 6, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 4 Transitional provisions for Housing Amendment Regulation (No. 2) 2009 Subdivision 1 Preliminary 72 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Subdivision 2 Confidentiality and information privacy 73 Information privacy—particular agreements entered into before and not amended on or after 1 July 2009. 6

Housing Amendment Regulation (No. 2) 2009 Contents 74 Information privacy—local government provider . . . . Subdivision 3 Transition to one social housing system— longer term housing providers and transitional housing providers 75 Extension of transitional period or time for an action . 76 Waitlisted applicants—community managed housing - studio units program . . . . . . . . . . . . . . . . . . . . . . . . . 77 Allocations—affordable housing providers . . . . . . . . . 78 Allocations—long-term community housing providers 79 Allocations—community-managed housing - studio units program providers . . . . . . . . . . . . . . . . . . . . . . . 80 Allocations—community rent scheme providers. . . . . 81 Allocations—same house different landlord providers 11 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 8 8 8 9 9 9 Page 2 2009 SL No. 238

Housing Amendment Regulation (No. 2) 2009 [s 1] 1 Short title This regulation may be cited as the Housing Amendment Regulation (No. 2) 2009 . 2 Commencement This regulation commences on 1 November 2009. 3 Regulation amended This regulation amends the Housing Regulation 2003. 4 Replacement of s 17 (Confidentiality and information privacy) Section 17— omit, insert— ‘17 Compliance with information privacy principles ‘The provider must comply with the Information Privacy Act2009 , chapter 2, parts 1 and 3 for the provision of the service as if it were the department.’. 5 Amendment of s 23 (Information about the service) Section 23(1)(a)(ii), after ‘social housing’— insert— ‘system’. 6 Amendment of s 26 (Eligibility) (1) Section 26(2)(a)— insert— ‘(iv) the same house different landlord program; or’. (2) Section 26(3), ‘July 2008’— 2009 SL No. 238 Page 3

Housing Amendment Regulation (No. 2) 2009 [s 7] omit, insert— ‘October 2009’. 7 Amendment of s 26A (Applications—long-term community housing program and affordable housing providers) (1) Section 26A, heading, from ‘long-term’— omit, insert— ‘ longer term housing providers and transitional housing providers ’. (2) Section 26A(1), from ‘provider’, first mention to ‘housing provider’— omit, insert— ‘longer term housing provider or a transitional housing provider’. 8 Amendment of s 26B (Allocations—long-term community housing program and affordable housing providers) (1) Section 26B, heading, from ‘long-term’— omit, insert— ‘ longer term housing providers and transitional housing providers ’. (2) Section 26B(1), from ‘provider’— omit, insert— ‘longer term housing provider must implement the Allocations Policy—Long Term Community Housing Program and Affordable Housing Providers published by the department in October 2009.’. (3) Section 26B(2), from ‘an affordable’— omit, insert— ‘a transitional housing provider must implement the Allocations Policy Transitional Housing—Community Rent Page 4 2009 SL No. 238

Housing Amendment Regulation (No. 2) 2009 [s 9] Scheme, Community-Managed Housing - Studio Units and Same House Different Landlord Providers published by the department in October 2009.’. 9 Amendment of s 27 (Allocations policy—other than for long-term community housing program or affordable housing providers) (1) Section 27, heading, from ‘long-term’— omit, insert— ‘ longer term housing providers or transitional housing providers ’. (2) Section 27(1), from ‘provider under’ to ‘must’— omit, insert— ‘longer term housing provider or transitional housing provider, must’. 10 Insertion of new pt 6, div 4 Part 6— insert— ‘Division 4 Transitional provisions for Housing Amendment Regulation (No. 2) 2009 ‘Subdivision 1 Preliminary ‘72 Definitions for div 4 ‘In this division— commencement day means the day this division commences. completion day means 28 February 2010 or a later day decided by the chief executive under section 75. transitional period means the period starting on the commencement day and ending on the completion day. 2009 SL No. 238 Page 5

Housing Amendment Regulation (No. 2) 2009 [s 10] ‘Subdivision 2 Confidentiality and information privacy ‘73 Information privacy—particular agreements entered into before and not amended on or after 1 July 2009 ‘(1) This section applies if the chief executive entered into an assistance agreement with a registered provider, other than a local government, before 1 July 2009 and the assistance agreement is not amended on or after 1 July 2009. ‘(2) The provider must comply with section 17 as in force immediately before the commencement of this section. ‘74 Information privacy—local government provider ‘(1) This section applies if a registered provider is a local government. ‘(2) The provider must comply with section 17 as in force immediately before the commencement of this section until the InformationPrivacyAct2009 , chapter 2, parts 1 and 3 apply to the provider. Note — See the Information Privacy Act 2009 , section 202 (Delayed application of Act other than ch 3 to local governments). ‘Subdivision 3 Transition to one social housing system—longer term housing providers and transitional housing providers ‘75 Extension of transitional period or time for an action ‘(1) The chief executive may extend the transitional period or the length of time by which an action must be taken under this subdivision if the chief executive reasonably believes the extension will better allow the transition to the one social housing system for— Page 6 2009 SL No. 238

Housing Amendment Regulation (No. 2) 2009 [s 10] (a) a longer term housing provider; or (b) a transitional housing provider. ‘(2) For subsection (1), an extension may apply to any or all providers or persons. ‘(3) However, the chief executive must not make an extension that would cause the transitional period to end after 30 June 2010. ‘(4) If the chief executive extends the transitional period or length of time under subsection (1), the chief executive must give a notice about the extension to entities or persons affected by the extension. ‘76 Waitlisted applicants—community managed housing - studio units program ‘(1) A community-managed housing - studio units program provider must, on or before 31 December 2009, give each waitlisted 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 the completion day. ‘(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— community-managed housing - studio units program provider means a registered provider funded under the community-managed housing - studio units program. original application , for a reapplying applicant, means the application for relevant goods or services that caused the reapplying applicant’s name to be on the provider’s waitlist. reapplying applicant means a waitlisted applicant who makes the fresh application mentioned in subsection (1). 2009 SL No. 238 Page 7

Housing Amendment Regulation (No. 2) 2009 [s 10] waitlist , for a community-managed housing - studio units program provider, means the provider’s list, in any form, of waitlisted applicants. waitlisted applicant means an applicant whose name is on a community-managed housing - studio units program provider’s waitlist immediately before the commencement day. ‘77 Allocations—affordable housing providers ‘(1) For allocating relevant goods or services during the transitional period, an affordable housing provider must implement the allocations policy mentioned in section 26B(2) as in force immediately before the commencement day. ‘(2) This section applies despite section 26B(1). ‘78 Allocations—long-term community housing providers ‘(1) For allocating relevant goods or services during the transitional period, a registered provider under the long-term community housing program must implement the allocations policy mentioned in section 26B(1) as in force immediately before the commencement day. ‘(2) This section applies despite section 26B(1). ‘79 Allocations—community-managed housing - studio units program providers ‘(1) For allocating relevant goods or services during the transitional period, a registered provider under the community-managed housing - studio units program must comply with section 27 as in force immediately before the commencement day. ‘(2) This section applies despite section 26B(2). Page 8 2009 SL No. 238

Housing Amendment Regulation (No. 2) 2009 [s 11] ‘80 Allocations—community rent scheme providers ‘(1) For allocating relevant goods or services during the transitional period, a registered provider under the community rent scheme must comply with section 27 as in force immediately before the commencement day. ‘(2) This section applies despite section 26B(2). ‘81 Allocations—same house different landlord providers ‘(1) For allocating relevant goods or services during the transitional period, a registered provider under the same house different landlord program must comply with section 27 as in force immediately before the commencement day. ‘(2) This section applies despite section 26B(2).’. 11 Amendment of sch 5 (Dictionary) (1) Schedule 5, definitions commencement day , for part 6, division 2, commencement day , for part 6 division 3, completion day and transitional period— omit . (2) Schedule 5— insert— ‘ commencement day means— (a) for part 6, division 2, see section 61; or (b) for part 6, division 3, see section 67; or (c) for part 6, division 4, see section 72. completion day means— (a) for part 6, division 3, see section 67; or (b) for part 6, division 4, see section 72. longer term housing provider means— (a) an affordable housing provider; or 2009 SL No. 238 Page 9

Housing Amendment Regulation (No. 2) 2009 [s 11] (b) a registered provider under the long-term community housing program. same house different landlord program means the same house different landlord program administered by the department. transitional housing provider means a registered provider under— (a) the community-managed housing - studio units program; or (b) the community rent scheme; or (c) the same house different landlord program. transitional period means— (a) for part 6, division 3, see section 67; or (b) for part 6, division 4, see section 72.’. ENDNOTES 1 Made by the Governor in Council on 29 October 2009. 2 Notified in the gazette on 30 October 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Communities. © State of Queensland 2009 Page 10 2009 SL No. 238