Housing Assistance Act 1996
Act No. 24 of 1996 as amended
This compilation was prepared on 5 August 2009
taking into account amendments up to Act No. 70 of 2009
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement
3 Definitions
4 Objects
5 Form of inter‑government housing agreement
6 Inter‑government housing agreements
7 Grants to States for housing
8 Payments for research, development, demonstration and evaluation
9 State expenditure from its own resources
10 Minister may authorise payments if no agreement in force in first assistance year
11 Payments to be made out of money appropriated
12 Determinations to be in writing
13 Delegation
14 Annual report by Minister
15 Regulations
16 Schedule(s)
Schedule 1—Amendment of the Housing Assistance Act 1989
Notes
An Act to assist people to obtain access to housing that is affordable and appropriate to their needs, and for related purposes
Preamble
This preamble sets out the matters taken into account by the Parliament in enacting this Act.
Housing and shelter are basic human needs.
Most Australian residents are able to obtain housing of an appropriate standard within their means.
However, people who are economically or socially disadvantaged may be less likely to obtain affordable, secure and appropriate housing. They may also be more likely to suffer discrimination in their efforts to obtain adequate housing and may be at a greater risk of homelessness.
The inability to obtain adequate and ecologically appropriate housing can have adverse effects on health and the quality of life and reduces the prospects of obtaining employment and other opportunities that would ordinarily arise for people during their lifetimes.
Australia has acted to protect the rights of all its citizens, including people who have inadequate housing, by recognising international standards for the protection of universal human rights and fundamental freedoms through:
(a) the ratification of the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights; and
(b) the ratification of the Conventions on the Elimination of all Forms of Racial Discrimination, on the Elimination of all Forms of Discrimination against Women and on the Rights of the Child; and
(c) the acceptance of the Universal Declaration of Human Rights and of the Declaration on the Elimination of Violence Against Women; and
(d) the enactment of legislation such as the Australian Human Rights Commission Act 1986.
Accordingly the Parliament considers that the provision, by the Governments of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, of housing assistance to people requiring access to affordable and appropriate housing is essential to reduce poverty and its effects on individuals and on the community as a…
Overview
The Housing Assistance Act 1996, enacted by the Parliament of Australia, was introduced to address the issue of providing affordable and appropriate housing to those who are economically or socially disadvantaged, including homeless individuals and those facing discrimination in the housing market. The Act aims to ensure that housing assistance is targeted towards those most in need, offering them a choice between different forms of assistance, providers, housing types, and locations, while protecting their rights and considering their responsibilities. The legislation seeks to achieve these objectives by implementing housing assistance through inter-government agreements and providing financial support to states for housing programs, research, development, demonstration, and evaluation. The overarching goal is to reduce poverty and its adverse effects on individuals and the community by enhancing access to quality housing.
Scope and Application
The Housing Assistance Act 1996 is designed to provide financial assistance to the states for the purpose of ensuring that people can obtain housing that is affordable, secure, and appropriate to their needs. The Act applies to the Commonwealth of Australia, the states, and the Australian Capital Territory and Northern Territory. It facilitates the provision of housing assistance through inter-government housing agreements that outline the obligations of each party and the terms of grants, among other matters. The Act allows the Minister to authorise payments to states for housing assistance and for research, development, demonstration, and evaluation in relation to housing, subject to the appropriation of sufficient money. The Act also requires the Minister to report annually on the operation of inter-government housing agreements. The Act applies nationally, covering all states and territories in Australia, and is supported by regulations that may be made to prescribe matters necessary or convenient to carry out the Act. Any amendments to the Act are made by specified legislative instruments, and the Act includes provisions for its own amendment or repeal.
Key Provisions
- The Housing Assistance Act 1996 provides a framework for housing assistance in Australia through inter-government agreements, grants, and payments for research. Section 5(1) allows the Minister to determine a form of inter-government housing agreement, which must cover the making of grants, their amounts, obligations of states, planning and execution of housing programs, and performance measurement. Section 6(2) enables the Commonwealth to enter into agreements with states based on this form. Section 7 permits the Minister to authorise payments to states for identified housing programs or other housing purposes under these agreements. Section 8 allows the Minister to make payments for housing-related research, development, demonstration, and evaluation to various entities including incorporated societies, local governing bodies, and tertiary institutions.
- The Act imposes specific obligations on the parties involved. Section 9 requires the Minister to agree with state ministers on the amount of state housing expenditure for each assistance year before authorising payments, and allows for adjustments if the agreed amount is not met. Section 10 allows the Minister to authorise payments if no agreement is in force for the first assistance year, provided the terms reflect what would be included in an agreement. Section 11 mandates that grants or payments under the Act must be made out of money appropriated by Parliament. Section 12 stipulates that any determination by the Minister must be in writing and signed by the Minister. Section 13 permits the Minister to delegate their powers, except those under section 5.
- Breaches of the Act can lead to civil or criminal consequences. While the Act does not explicitly outline offences or penalties, authorisation of payments or making determinations without proper authority or in violation of the Act's provisions could potentially lead to legal action. Additionally, failure to comply with the terms of inter-government housing agreements could result in disputes or litigation. Penalties for breaches would depend on the specific nature of the breach and could include fines or other sanctions as determined by relevant courts.
- Area of Law
- Social Security Law
- Housing Law
- Human Rights Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Licensing & Registration
- Enforcement Powers
- Compliance Obligations
