Housing and Urban Development (Administrative Arrangements) (South Australian Aboriginal Housing Authority) Regulations 1998 (SA)

South Australia

Housing and Urban Development (Administrative Arrangements) (South Australian Aboriginal Housing Authority) Regulations 1998

under the Housing and Urban Development (Administrative Arrangements) Act 1995

Contents

1Short title

3Interpretation

4Establishment of South Australian Aboriginal Housing Authority

5Board of management

6Functions of Authority

7Business plans to be prepared

Legislative history

1—Short title

These regulations may be cited as the Housing and Urban Development (Administrative Arrangements) (South Australian Aboriginal Housing Authority) Regulations 1998.

3—Interpretation

In these regulations, unless the contrary intention appears—

Aboriginal person means—

(a)a person of the Aboriginal race of Australia; or

(b)a descendant of an indigenous inhabitant of the Torres Strait Islands;

Act means the Housing and Urban Development (Administrative Arrangements) Act 1995;

Authority—see regulation 4.

4—Establishment of South Australian Aboriginal Housing Authority

The South Australian Aboriginal Housing Authority (the Authority) is established as a statutory corporation under the Act.

5—Board of management

(1)The board of management of the Authority will be constituted of 9 members, appointed by the Governor on the nomination of the Minister, of whom—

(a)at least 2 must, in the opinion of the Minister, be appropriate representatives of Anangu Pitjantjatjara Yankunytjatjara, Maralinga Tjarutja or the Aboriginal Lands Trust; and

(b)at least 1 must, in the opinion of the Minister, be an appropriate representative of the Patpa Warra Yunti (Adelaide) region; and

(c)at least 1 must, in the opinion of the Minister, be an appropriate representative of the Wangka Wilurrara (Ceduna) region; and

(d)at least 1 must, in the opinion of the Minister, be an appropriate representative of the Nulla Wimila Kutju (Port Augusta) region.

(1a)Without derogating from the need to properly assess merit in selecting persons for appointment to the board the Minister must, as far as practicable, nominate equal numbers of women and men.

(2)At least one member of the board of management must be a woman and at least one must be a man.

(3)The appointment by the Governor of a deputy to a member of the board is subject to the same nomination requirements as the appointment of the member.

(4)All members of the board of management and all deputies must be Aboriginal persons and it will be a condition of appointment that the member or deputy provide, within 3 months of his or her appointment, such evidence to the board as the board thinks necessary to establish that the member or deputy is an Aboriginal person.

6—Functions of Authority

(1)The functions of the Authority are—

(a)to develop strategies, policies and guidelines for the provision of appropriate housing to Aboriginal people in the State and for the ongoing management and maintenance of such housing; and

(b)to liaise with other State and Commonwealth agencies providing assistance or services to Aboriginal people to achieve a coordinated response to problems and issues facing Aboriginal people; and

(c)to receive and allocate resources for Aboriginal housing programs in the State; and

(d)to provide and manage or facilitate the provision and management of appropriate housing for Aboriginal people in the State; and

(e)to provide a single point of contact for Aboriginal people seeking housing assistance.

(2)The Authority must carry out its functions in a way that—

(a)is sensitive and responsive to cultural issues;

(b)promotes the economic development and empowerment of Aboriginal people and encourages self-determination and self-management by Aboriginal people;

(c)maximises skill development, employment and training opportunities for Aboriginal people;

(d)promotes the health and safety of Aboriginal people.

(3)Any housing provided by the Authority should—

(a)be affordable and secure and meet the needs of the clients; and

(b)be well located, of adequate size and condition, and meet reasonable standards of health, safety and security; and

(c)incorporate modern standards of energy efficiency; and

(d)where possible, provide reasonable access to community services.

7—Business plans to be prepared

(1)The Authority must, in each financial year, prepare a business plan in accordance with the requirements of the Agreement.

(2)A copy of the business plan must, on or before 30 June in each year, be provided to—

(a)the Minister; and

(b)the Commonwealth Minister responsible for housing.

(3)In this regulation—

the Agreement means the  Bilateral Agreement between the Commonwealth and the State Government of South Australia regarding Aboriginal and Torres Strait Islander Housing entered into in 1998, or any agreement entered into in substitution for that agreement.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Housing and Urban Development (Administrative Arrangements) (South Australian Aboriginal Housing Authority) Regulations 1998 were revoked by r 5 of the Housing and Urban Development (Administrative Arrangements) (South Australian Aboriginal Housing Authority Dissolution) Regulations 2007 on 1.7.2007.

Principal regulations and variations

Year	No	Reference	Commencement
1998	192	Gazette 22.10.1998 p1238	22.10.1998: r 2
2000	274	Gazette 30.11.2000 p3394	30.11.2000: r 2
2005	253	Gazette 1.12.2005 p4114	1.12.2005: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
r 2	omitted under Legislation Revision and Publication Act 2002	1.12.2005
r 3
ATSIC	deleted by 253/2005 r 4	1.12.2005
r 5
r 5(1)	varied by 274/2000 r 3(a)	30.11.2000
substituted by 253/2005 r 5	1.12.2005
r 5(1a)	inserted by 274/2000 r 3(b)	30.11.2000
substituted by 253/2005 r 5	1.12.2005
r 5(1b)	inserted by 274/2000 r 3(b)	30.11.2000
deleted by 253/2005 r 5	1.12.2005
r 5(4)	varied by 274/2000 r 3(c)	30.11.2000
r 7
r 7(1)	varied by 253/2005 r 6(1)	1.12.2005
r 7(2)	varied by 253/2005 r 6(2)	1.12.2005
(c) deleted by 253/2005 r 6(3)	1.12.2005

Historical versions

30.11.2000