Housing Assistance Act 2007 (ACT)
Housing Assistance Act 2007
A2007-8
Republication No 18
Effective: 16 July 2024
Republication date: 16 July 2024
Last amendment made by A2024‑29
About this republication
The republished law
This is a republication of the Housing Assistance Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 July 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 July 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Housing Assistance Act 2007
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
Part 2 Objects and important concepts
6 Objects of Act 3
7 What is housing assistance? 4
8 When is someone eligible for housing assistance? 4
Part 3 Housing Commissioner
9 Housing commissioner—establishment 5
10 Housing commissioner—powers generally 5
11 Housing commissioner—functions 5
12 Housing commissioner—no power for contracts of employment 6
13 Limits on housing commissioner—joint ventures 6
14 Notice of joint ventures 7
15 Limit on housing commissioner—large contracts 7
16 Housing commissioner—Ministerial directions 8
17 Housing commissioner—delegation 8
Part 4 Housing assistance programs
18 What is a housing assistance program? 9
19 Approved housing assistance programs 9
20 Approved housing assistance programs—determinations 10
21 Approved housing assistance programs—operational guidelines 10
22 Approved housing assistance programs—market rent 11
23 Approved housing assistance programs—rent review 11
24 Housing assistance applicants—requirement for further information 12
25 Housing assistance recipients—requirement for information 12
Part 4A Affordable and community housing programs
25A Definitions—pt 4A 14
25B Housing commissioner etc may give assistance to registered community housing provider 14
25C Affordable and community housing programs—housing commissioner to report to Minister 15
Part 4B Official visitors
25V Meaning of official visitor etc 16
25W Official visitors must give notice of visit 17
Part 5 Protection of information
28 Meaning of protected information—pt 5 18
Part 6 Commonwealth-Territory funding agreements
30 What is a Commonwealth-Territory funding agreement? 20
31 Notification of Commonwealth-Territory funding agreements 20
Part 6A Notification and review of decisions
31A Meaning of reviewable decision—pt 6A 21
31B Reviewable decision notices 21
31C Applications for review 21
Part 7 Miscellaneous
32 Placing unleased land under housing commissioner’s control 22
33 Unleased land placed under housing commissioner’s control—powers 22
34 Unneeded land may be returned 23
35 Information to Minister 24
36 Financial arrangements 24
37 Protection of officials from liability 24
38 Determination of fees 25
39 Approved forms 25
40 Regulation-making power 25
Schedule 1 Reviewable decisions 26
Dictionary27
Endnotes
1 About the endnotes 29
2 Abbreviation key 29
3 Legislation history 30
4 Amendment history 33
5 Earlier republications 40
6 Expired transitional or validating provisions 41
Housing Assistance Act 2007
An Act to provide for housing assistance, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Housing Assistance Act 2007.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘housing assistance—see section 7.’ means that the term ‘housing assistance’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Part 2Objects and important concepts
Objects of Act
(1)The main objects of this Act are—
(a)to maximise the opportunities for everyone in the ACT to have access to housing that is affordable, secure and appropriate to their needs; and
(b)to facilitate the provision of housing assistance for those most in need; and
(c)to maximise value for money in the provision of housing assistance; and
(d)to promote a choice of forms of housing assistance, and providers of housing assistance, for entities eligible for housing assistance; and
NoteEntity includes a person—see the Legislation Act, dict, pt 1.
(e)to facilitate the provision of rental housing that—
(i)has adequate amenity, is of an adequate size and is appropriately located for employment opportunities and necessary services and facilities; and
(ii)is coordinated with any support services (provided under other laws) required by consumers of housing assistance to live in the community; and
(f)to facilitate the provision of an adequate supply of affordable home finance for people on low and moderate incomes; and
(g)to promote the development of flexible and innovative financial arrangements to facilitate access to home ownership for people on low and moderate incomes; and
(h)to promote the growth of a community housing sector as a viable alternative to public and private rental housing and home ownership; and
(i)to promote the establishment of appropriate mechanisms and forums to allow input into housing policy by consumers, and potential consumers, of housing assistance and by representative non-government agencies involved in housing policy and provision.
(2)A person administering this Act must have regard to the objects of the Act to the maximum extent practicable considering the resources available to the person.
What is housing assistance?
In this Act:
housing assistance means services, programs, assets, rebates and amounts, provided under an approved housing assistance program to help entities who are eligible for assistance under the program to meet their emergency, short-term, medium-term and long‑term housing needs.
NoteApproved housing assistance program—see s 19.
When is someone eligible for housing assistance?
For this Act, an entity is eligible for housing assistance if the entity meets the eligibility criteria under an approved housing assistance program.
NoteEntity includes a person—see the Legislation Act, dict, pt 1.
Part 3Housing Commissioner
Housing commissioner—establishment
(1)There is a Commissioner for Social Housing (the housing commissioner).
(2)The housing commissioner is a corporation and must have a seal.
(3)The director‑general is the housing commissioner.
Housing commissioner—powers generally
(1)The housing commissioner has all the powers of a person, unless expressly excluded by this Act.
Examples of powers
1 to enter into a contract
2 to own and dispose of property
3 to sue and be sued
4 to act as a trustee
Note 1Person includes an individual and a corporation (see Legislation Act, dict, pt 1).
Note 2See s 12 to s 15 for limits on the housing commissioner’s powers.
(2)Without limiting subsection (1), the housing commissioner may enter into arrangements with entities to provide housing assistance.
NoteEntity includes a person—see the Legislation Act, dict, pt 1.
Housing commissioner—functions
(1)The housing commissioner has the following functions:
(a)administering, on behalf of the Territory, programs and funding arrangements for delivering housing assistance in the ACT by way of—
(i)public rental housing; and
(ii)home ownership; and
(iii)financial assistance to home owners and tenants; and
(iv)community housing; and
(v)affordable housing;
(b)administering, on behalf of the Territory, any services relating to housing assistance that the Minister approves under subsection (2).
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(2)The Minister may approve stated services relating to housing assistance.
(3)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Housing commissioner—no power for contracts of employment
The housing commissioner does not have the power to employ staff on a contract of employment.
Limits on housing commissioner—joint ventures
(1)The housing commissioner must not—
(a)enter into negotiations for a joint venture without the Minister’s prior written approval; or
(b)enter into an agreement for a joint venture without the Executive’s prior written approval.
(2)An approval under subsection (1)—
(a)may apply generally or may relate to a particular proposed joint venture; and
(b)may be given subject to the conditions or restrictions stated in the approval.
Notice of joint ventures
(1)This section applies if the housing commissioner enters into an agreement for a joint venture.
(2)The housing commissioner must, not later than 14 days after the day the commissioner enters into the agreement, give the Minister a written statement (the commissioner’s statement) setting out the details of, and the reasons for entering into, the agreement.
(3)The Minister must present a copy of the commissioner’s statement to the Legislative Assembly not later than 6 sitting days after the day the Minister is given the statement.
(4)However, the copy of the commissioner’s statement presented to the Legislative Assembly need not include any material that is commercially sensitive.
(5)If commercially sensitive information is not included in the presented copy of the commissioner’s statement, the Minister must, when presenting the statement to the Legislative Assembly, also present a further statement setting out the general nature of the commercially sensitive information and the reason for it not being included in the presented statement.
Limit on housing commissioner—large contracts
The housing commissioner must not, without the Minister’s prior written approval, enter into a contract which involves the payment or receipt of a total amount larger than $5 million.
Housing commissioner—Ministerial directions
(1)The Minister may give a direction to the housing commissioner about the exercise of the commissioner’s functions.
(2)The housing commissioner must exercise the commissioner’s functions in accordance with any direction given by the Minister.
(3)A direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Housing commissioner—delegation
The housing commissioner may delegate the commissioner’s functions under this Act or another territory law to a public servant.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Part 4Housing assistance programs
What is a housing assistance program?
In this Act:
housing assistance program means a program for providing housing assistance that includes the following:
(a)the kind of assistance that may be provided under the program;
(b)the eligibility criteria for assistance under the program;
(c)how decisions of the housing commissioner under the program may be reviewed.
Note 1Housing assistance—see s 7.
Note 2Power given under an Act to make a statutory instrument (including a program) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
Approved housing assistance programs
(1)The Minister may approve a housing assistance program.
(2)An approved housing assistance program is a disallowable instrument.
Note1 Power given under an Act to make a statutory instrument (including a program) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
Note 2A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Approved housing assistance programs—determinations
(1)The housing commissioner may make a determination for an approved housing assistance program.
(2)A determination is—
(a)for a determination that deals with a relevant matter—a disallowable instrument; or
(b)for any other determination—a notifiable instrument.
(3)In this section:
relevant matter means—
(a)the review of a person’s entitlement to housing assistance; or
(b)requiring a person receiving housing assistance to move to alternate premises; or
(c)eligibility for temporary housing assistance.
Approved housing assistance programs—operational guidelines
(1)The housing commissioner may make guidelines for the management or operation of an approved housing assistance program.
(2)A guideline is—
(a)for a guideline that deals with a relevant matter—a disallowable instrument; or
(b)for any other guideline—a notifiable instrument.
(3)In this section:
relevant matter—see section 20 (3).
Approved housing assistance programs—market rent
(1)If housing is being rented to an entity under an approved housing assistance program, the entity must be charged market rent for the housing.
(2)However, an approved housing assistance program may provide for a rebate of rent in accordance with the program.
(3)Subsection (4) applies if—
(a)an entity is currently being charged less than the market rent for the housing (disregarding any rent rebate); and
(b)if the housing commissioner were to increase the rent to market rent—the increase would be more than the amount prescribed by regulation for the Residential Tenancies Act 1997, section 64B (Limitation on rent increases—amount).
(4)Despite subsection (1), the housing commissioner may decide to only increase the rent by an amount up to the prescribed amount.
(5)In this section:
market rent, for housing, means the rent that would be charged by the lessor for the housing if the housing were rented by a willing lessor to a willing tenant—
(a)dealing with each other at arm’s length; and
(b)each of whom had acted knowledgeably, sensibly and without compulsion.
Approved housing assistance programs—rent review
The housing commissioner must review the rent charged for housing rented under an approved housing assistance program at least once each year.
Housing assistance applicants—requirement for further information
(1)This section applies if an entity applies for housing assistance.
(2)The housing commissioner may require the entity to give the commissioner further stated information that the commissioner reasonably needs to decide the application.
NoteInformation includes a document—see the dictionary.
(3)The housing commissioner may, by written notice to the entity, refuse the application if—
(a)the requirement is made in writing; and
(b)the requirement states a reasonable time (of at least 7 days after the day the requirement is given to the entity) for providing the information; and
(c)the entity does not provide the information in accordance with the requirement.
Housing assistance recipients—requirement for information
(1)This section applies if an entity is receiving housing assistance.
(2)The housing commissioner may, at any time, require the entity to give the commissioner stated information that the commissioner reasonably needs—
(a)to review the housing assistance being provided to the entity; or
(b)to provide housing assistance to the entity; or
(c)for the good management of an approved housing assistance program or of assets held by the commissioner; or
(d)to otherwise exercise the commissioner’s functions under this Act.
NoteInformation includes a document—see the dictionary.
(3)The housing commissioner may suspend or cancel all or part of the entity’s housing assistance if—
(a)the requirement is made in writing; and
(b)the requirement states a reasonable time (of at least 7 days after the day the requirement is given to the entity) for giving the information; and
(c)the entity does not give the information in accordance with the requirement.
NoteThe decision to suspend or cancel all or part of an entity’s housing assistance is a reviewable decision (see s 31A), and the housing commissioner must give a reviewable decision notice to the entity (see s 31B).
(4)The reviewable decision notice given to the entity must include—
(a)a statement that the housing assistance is suspended or cancelled; and
(b)when the suspension or cancellation begins; and
(c)if housing assistance is suspended—when the suspension ends.
Part 4AAffordable and community housing programs
25ADefinitions—pt 4A
In this part:
Community Housing Providers National Law (ACT) means the provisions applying because of the Community Housing Providers National Law (ACT) Act 2013, section 7.
registered community housing provider—see the Community Housing Providers National Law (ACT), section 4 (1).
25BHousing commissioner etc may give assistance to registered community housing provider
(1)The housing commissioner or another Territory entity may give assistance to a registered community housing provider.
Examples—assistance by housing commissioner
1 a grant of money
2 a transfer of land
3 a lease of land or property for use as long-term affordable rental housing
4 a commercial partnership or joint venture between the housing commissioner and registered community housing provider
Examples—assistance by Territory entity
1 a secured loan
2 a tax concession
(2)Assistance may be given subject to conditions.
(3)Nothing in this section requires the housing commissioner or a Territory entity to give assistance to a registered community housing provider.
25CAffordable and community housing programs—housing commissioner to report to Minister
(1)The housing commissioner must, if asked by the Minister, give the Minister a written report about the assistance given to registered community housing providers under section 25B.
(2)If the housing commissioner gives the Minister a report mentioned in subsection (1), the Minister must present the report to the Legislative Assembly within 6 sitting days after the day the Minister is given the report.
Part 4BOfficial visitors
NoteAt least 1 official visitor must be appointed for this Act under the Official Visitor Act 2012 (the OV Act).
The OV Act sets out the functions of official visitors which includes visiting visitable places, handling complaints from entitled people and reporting on those matters.
This part defines what is an entitled person and a visitable place for the OV Act. This part also prescribes other matters for the OV Act.
25VMeaning of official visitor etc
In this Act:
entitled person means a person—
(a)who is homeless or at risk of homelessness who is staying in a visitable place; or
(b)prescribed by regulation.
official visitor, for a visitable place—see the Official Visitor Act 2012, section 6.
visitable place means either of the following kinds of accommodation for people who are homeless or at risk of homelessness, provided by an entity funded by the Territory:
(a)multiple occupancy supported accommodation;
(b)single occupancy independent accommodation.
25WOfficial visitors must give notice of visit
(1)An official visitor must give an operating entity for a visitable place written notice that the official visitor intends to visit the place at least 24 hours before the official visitor’s visit.
(2)However, the official visitor may visit a visitable place without giving notice to the operating entity if—
(a)for multiple occupancy supported accommodation—
(i)the official visitor reasonably believes, or has been given a complaint, that an entitled person at the visitable place is at risk of abuse or harm; and
(ii)the entitled person consents to the visit; or
(b)for single occupancy independent accommodation—the official visitor reasonably believes, or has been given a complaint, that there is a serious risk to the health or welfare of an entitled person at the visitable place.
(3)In this section:
operating entity, for a visitable place, means—
(a)if the Territory operates the place—the director-general; or
(b)in any other case—the entity that operates the place.
Part 5Protection of information
Meaning of protected information—pt 5
(1)For this part, information is protected information if it—
(a)identifies an entity that has applied for housing assistance as having applied for housing assistance; or
(b)identifies an entity that is or has been a housing assistance recipient as a housing assistance recipient or former housing assistance recipient; or
(c)identifies land that is a housing assistance property as a housing assistance property; or
(d)is protected personal information about an entity that—
(i)has applied for housing assistance; or
(ii)is or has been a housing assistance recipient; or
(e)is information prescribed by regulation for this definition; or
(f)would allow something to which paragraph (a), (b), (c), (d) or (e) applies to be worked out.
NoteEntity includes a person—see the Legislation Act, dict, pt 1.
(2)In this section:
housing assistance property means—
(a)land owned, controlled or held by the housing commissioner; or
(b)land used by an entity contracted by the commissioner to provide housing assistance.
Example of land controlled or held by the housing commissioner—par (a)
land leased by the commissioner from a private landlord to provide public rental housing
Example of entity contracted by the housing commissioner—par (b)
a community organisation that is contracted by the commissioner to operate a refuge
housing assistance recipient means an entity receiving housing assistance.
Examples of housing assistance recipients
1 a tenant of a housing assistance property
2 a person accommodated at a refuge or other residential facility that is operated by a community organisation receiving housing assistance to provide the accommodation
protected personal information, about an entity that is or has been a housing assistance recipient, means—
(a)the entity’s name, telephone number or address; or
(b)any other information prescribed by regulation for this definition.
Part 6Commonwealth-Territory funding agreements
What is a Commonwealth-Territory funding agreement?
In this Act:
Commonwealth-Territory funding agreement means an agreement between the Commonwealth and the Territory for the Commonwealth to give financial assistance to the Territory for housing assistance or to promote the objects of this Act.
Notification of Commonwealth-Territory funding agreements
(1)This section applies if the Territory enters into or amends a Commonwealth-Territory funding agreement.
(2)The agreement or amendment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Part 6ANotification and review of decisions
31AMeaning of reviewable decision—pt 6A
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
31BReviewable decision notices
If the housing commissioner makes a reviewable decision, the commissioner must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The housing commissioner must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
31CApplications for review
The following may apply to the ACAT for review of a reviewable decision:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
Part 7Miscellaneous
Placing unleased land under housing commissioner’s control
(1)The Executive may direct the territory planning authority to place unleased territory land under the control of the housing commissioner.
(2)However, if land that is placed under the housing commissioner’s control under subsection (1) is subject to an existing tenancy, the land is placed under the commissioner’s control subject to the tenancy.
(3)To remove any doubt, the housing commissioner may exercise the commissioner’s powers under section 33 in relation to a tenancy to which subsection (2) applies, including, for example, by ending the tenancy.
(4)A direction under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)In this section:
existing tenancy, for land placed under the housing commissioner’s control, means a tenancy that was in force immediately before the land was placed under the commissioner’s control.
unleased territory land means territory land that is not leased under the Planning Act 2023 or the Unit Titles Act 2001.
Unleased land placed under housing commissioner’s control—powers
(1)This section applies to land placed under the control of the housing commissioner under section 32.
(2)The housing commissioner may do 1 or more of the following in relation to the land:
(a)manage the land;
(b)authorise people to enter the land;
(c)use the land in any way the commissioner considers appropriate for the commissioner’s functions;
(d)arrange for the grant to someone else of a lease of, or licence to occupy, the land;
(e)obtain a lease for the land in the name of the housing commissioner and transfer the lease;
(f)if the land is held by an entity under a lease—
(i)do anything in relation to the land that the Territory could do in relation to the land immediately before the land was placed under the commissioner’s control; or
(ii)exercise any power under the Recovery of Lands Act 1929 that the Territory may exercise for the land under that Act on behalf of the Commonwealth.
Note 1The Recovery of Lands Act 1929 provides for the Territory to end a lease and take action against people. However, it does not apply to leases under the Residential Tenancies Act 1997.
Note 2See also the Planning Act 2023, s 382 for the recovery of land from a former lessee.
(3)However, a lease or licence must not be granted by anyone for the land except with the housing commissioner’s prior written agreement.
Unneeded land may be returned
(1)This section applies if the housing commissioner is satisfied that unleased land that has been placed under the commissioner’s control under section 32 is no longer needed for this Act.
(2)The housing commissioner may, by instrument, surrender control of the land to the territory planning authority.
(3)An instrument under subsection (2) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Information to Minister
(1)If the Minister asks the housing commissioner at any time to give the Minister information (including protected information) about any matter relating to the commissioner’s functions, the commissioner must comply with the request.
(2)In this section:
protected information—see section 28.
Financial arrangements
(1)All amounts paid to or by the housing commissioner for this Act (including amounts paid under a Commonwealth-Territory funding agreement) must be paid into or out of a directorate banking account, or territory banking account, within the meaning of the Financial Management Act 1996.
(2)To remove any doubt, amounts owed to, or paid to or by, the housing commissioner are amounts owed to, or paid to or by, the Territory.
Protection of officials from liability
(1)In this section:
official means—
(a)the housing commissioner; or
(b)anyone else exercising a function under this Act.
(2)An official is not personally liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the conduct was in the exercise of a function under this Act.
(3)Any liability that would, apart from this section, attach to an official attaches instead to the Territory.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any approved housing assistance program or regulation (see Legislation Act, s 104).
Determination of fees
(1)The Minister may determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Approved forms
(1)The housing commissioner may approve forms for this Act.
(2)If the housing commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see the Legislation Act, s 255.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Regulation-making power
The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Schedule 1Reviewable decisions
(see pt 6A)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 24 | refuse application for housing assistance | applicant |
| 2 | 25 | suspend or cancel all or part of housing assistance provided to entity | entity |
Dictionary
(see s 3)
NoteThe Legislation Act contains definitions relevant to this Act. For example:
· ACAT
· director‑general (see s 163)
· entity
· exercise
· function
· reviewable decision notice
· territory land
· territory planning authority
· year.
affordable housing means housing that is affordable by people on low or moderate incomes.
approved housing assistance program means a housing assistance program approved under section 19.
Commonwealth-Territory funding agreement—see section 30.
community housing means rental housing for—
(a)people on low and moderate incomes or with special needs; or
(b)nonprofit community organisations.
Community Housing Providers National Law (ACT), for part 4A (Affordable and community housing programs)—see section 25A.
eligible, for housing assistance—see section 8.
entitled person—see section 25V.
housing—
(a)means residential housing and other forms of residential accommodation; and
(b)includes the fences, outbuildings and other improvements and the connections for utilities and other services provided or reasonably required for the accommodation.
housing assistance—see section 7.
housing assistance program—see section 18.
housing commissioner means the Commissioner for Social Housing established under section 9.
information includes a document.
official visitor—see section 25V.
protected information, for part 5 (Protection of information)—see section 28.
registered community housing provider, for part 4A (Affordable and community housing programs)—see section 25A.
reviewable decision, for part 6A (Notification and review of decisions—see section 31A.
temporary housing assistance means housing assistance identified as temporary housing assistance in an approved housing assistance program.
visitable place—see section 25V.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Housing Assistance Act 2007 A2007-8
notified LR 10 May 2007
s 1, s 2 commenced 10 May 2007 (LA s 75 (1))
remainder commenced 10 November 2007 (s 2 and LA s 79)as modified by
Housing Assistance Regulation 2008 SL2008-7 ss 3-5
notified LR 18 March 2008
s 1, s 2 commenced 18 March 2008 (LA s 75 (1))
remainder commenced 19 March 2008 (s 2)as amended by
Housing Assistance Amendment Act 2008 A2008-33
notified LR 2 September 2008
s 1, s 2 commenced 2 September 2008 (LA s 75 (1))
remainder commenced 2 March 2009 (s 2 and LA s 79)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.56
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.56 commenced 2 March 2009 (s 2 (2) and see A2008‑33, s 2 and LA s 79)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.42
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.42 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.39
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.39 commenced 17 December 2009 (s 2)
Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.8
notified LR 13 May 2010
s 1, s 2 commenced 13 May 2010 (LA s 75 (1))sch 3 pt 3.8 commenced 3 June 2010 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.81
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.81 commenced 1 July 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.20
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.20 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)Official Visitor Act 2012 A2012-33 sch 1 pt 1.4
notified LR 15 June 2012
s 1, s 2 commenced 15 June 2012 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 September 2013 (s 2 as am by A2013‑22 s 4)Community Housing Providers National Law (ACT) Act 2013 A2013‑18 sch 1 pt 1.1
notified LR 23 May 2013
s 1, s 2 commenced 23 May 2013 (LA s 75 (1))
sch 1 pt 1.1 commenced 1 January 2014 (s 2 and CN2013-10)Official Visitor Amendment Act 2013 A2013-22 sch 1 pt 1.4
notified LR 17 June 2013
s 1, s 2 commenced 17 June 2013 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 September 2013 (s 2 and see Official Visitor Act 2012 A2012-33 s 2 as am by this Act)Freedom of Information Act 2016 A2016-55 sch 4 pt 4.16 (as am by A2017-14 s 19)
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.16 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))NoteThis Act only amends the Freedom of Information Act 2016 A2016-55.
Official Visitor Amendment Act 2019 A2019-29 sch 1 pt 1.4
notified LR 2 October 2019
s 1, s 2 commenced 2 October 2019 (LA s 75 (1))
sch 1 pt 1.4 commenced 3 October 2019 (s 2 (2))Residential Tenancies Legislation Amendment Act 2023 A2023-5 sch 1
notified LR 27 March 2023
s 1, s 2 commenced 27 March 2023 (LA s 75 (1))
sch 1 amdt 1.2 commenced 28 March 2023 (s 2 (2))
sch 1 remainder commenced 1 April 2023 (s 2 (3) and CN2023-1)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.35
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.35 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Housing and Consumer Affairs Legislation Amendment Act 2024 A2024‑29 sch 1 pt 1.5
notified LR 9 July 2024
s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))sch 1 pt 1.5 commenced 16 July 2024 (s 2 (1))
Amendment history
Commencement
s 2om LA s 89 (4)
Offences against Act—application of Criminal Code etc
s 5om A2010‑18 amdt 3.9
Objects of Act
s 6 hdgsub A2009‑49 amdt 3.89
Housing commissioner—establishment
s 9am A2011‑22 amdt 1.251; A2011‑48 amdt 1.32
Housing commissioner—functions
s 11am A2008‑33 s 4
Housing commissioner—delegation
s 17am A2008‑33 s 5; A2013-18 amdt 1.1
Approved housing assistance programs—determinations
s 20sub A2023‑5 amdt 1.1
Approved housing assistance programs—operational guidelines
s 21sub A2023‑5 amdt 1.1
Approved housing assistance programs—market rent
s 22am A2023‑5 amdt 1.2; ss renum R14 LA; A2024‑29 amdt 1.11
Housing assistance recipients—requirement for information
s 25am A2008‑37 amdt 1.241
Affordable and community housing programs
pt 4A hdgins A2008‑33 s 7
sub A2013-18 amdt 1.2
Affordable and community housing providers
div 4A.1 hdg ins A2008‑33 s 7
om A2013-18 amdt 1.2
Definitions—pt 4A
s 25Ains A2008‑33 s 7
sub A2013-18 amdt 1.2
def Community Housing Providers National Law (ACT) ins A2013-18 amdt 1.2
def registered community housing provider ins A2013-18 amdt 1.2
Housing commissioner etc may give assistance to registered community housing provider
s 25Bins A2008‑33 s 7
sub A2013-18 amdt 1.2
Affordable and community housing programs—housing commissioner to report to Minister
s 25Cins A2008‑33 s 7
sub A2013-18 amdt 1.2
Public access—register
s 25Dins A2008‑33 s 7
om A2013-18 amdt 1.2
Notice about changes of particulars in register
s 25Eins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable housing provider—eligibility criteria
s 25Fins A2008‑33 s 7
om A2013-18 amdt 1.2
Community housing provider—eligibility criteria
s 25Gins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing providers—trustees and subsidiaries
s 25Hins A2008‑33 s 7
om A2013-18 amdt 1.2
Community housing providers—standards
s 25Iins A2008‑33 s 7
om A2013-18 amdt 1.2
Community housing providers—compliance with standards
s 25Jins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing providers—monitoring guidelines
s 25Kins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing providers—compliance with monitoring guidelines
s 25Lins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing providers—monitoring standards, guidelines etc
s 25Mins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing providers—report to housing commissioner
s 25Nins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing providers—changes to constitution or rules
s 25Oins A2008‑33 s 7
om A2013-18 amdt 1.2
Exemption from requirement or approval—changes to constitution or rules
s 25Pins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing programs
div 4A.2 hdg ins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing programs—housing commissioner may give assistance
s 25Qins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing programs—requirement for information etc
s 25Rins A2008‑33 s 7
om A2013-18 amdt 1.2
Housing commissioner’s functions
div 4A.3 hdg ins A2008‑33 s 7
om A2013-18 amdt 1.2
Housing commissioner’s functions—housing commissioner may intervene
s 25Sins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing providers—removal from register
s 25Tins A2008‑33 s 7
om A2013-18 amdt 1.2
Affordable and community housing programs—housing commissioner to report to Minister
s 25Uins A2008‑33 s 7
om A2013-18 amdt 1.2
Official visitors
pt 4B hdgins A2012‑33 amdt 1.34
note am A2013‑22 amdt 1.22
Meaning of official visitor etc
s 25V hdgsub A2013‑22 amdt 1.23
s 25Vins A2012‑33 amdt 1.34
am A2013‑22 amdt 1.24; A2019‑29 amdt 1.11
Official visitors must give notice of visit
s 25W hdgam A2013‑22 amdt 1.25
s 25Wins A2012‑33 amdt 1.34
am A2013‑22 amdts 1.25-1.28; A2019‑29 amdt 1.12
Requirements for information—AAT review
s 26om A2008‑33 s 6
Requirements for information—notice of reviewable decisions
s 27om A2008‑33 s 6
FOI Act exemption—documents containing protected information
s 29om A2016-55 amdt 4.20
Notification and review of decisions
pt 6A hdgins A2008‑33 s 8
sub A2008‑37 amdt 1.242
Meaning of reviewable decision—pt 6A
s 31Ains A2008‑33 s 8
sub A2008‑37 amdt 1.242
Reviewable decision notices
s 31Bins A2008‑33 s 7
sub A2008‑37 amdt 1.242
Applications for review
s 31Cins A2008‑37 amdt 1.242
Placing unleased land under housing commissioner’s control
s 32am A2009‑49 amdt 3.90; A2023-36 amdt 1.183, amdt 1.184
Unleased land placed under housing commissioner’s control—powers
s 33am A2009‑49 amdt 3.91; A2023-36 amdt 1.185
Unneeded land may be returned
s 34am A2023-36 amdt 1.186
Financial arrangements
s 36am A2009‑49 amdt 3.92; A2011‑22 amdt 1.252
Legislation amended—sch 1
s 41om LA s 89 (3)
Legislation repealed
s 42om LA s 89 (3)
Transitional—Housing Assistance Act 1987
pt 10 hdgexp 10 November 2008 (s 110)
Definitions—pt 10
s 100exp 10 November 2008 (s 110)
def old Act exp 10 November 2008 (s 110)
def old housing assistance program exp 10 November 2008 (s 110)
Transitional—rights and liabilities under old Act
s 101mod SL2008‑7 s 3
(1)-(3), (4) exp 10 November 2008 (s 110 (LA s 88 declaration applies))
(3A)-(3C) exp 10 November 2008 (s 101 (3C))
Transitional—corresponding housing assistance programs and things
s 102exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—mentions of commissioner
s 102Ains as mod SL2008‑7 s 4
exp 10 November 2008 (s 102A (2))
Transitional—uncompleted applications for AAT review
s 103exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—other uncompleted proceedings
s 103Ains as mod SL2008‑7 s 5
exp 10 November 2008 (s 103A (5) (LA s 88 declaration applies))
Transitional—sensitive information under old Act
s 104exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—notification of existing Commonwealth‑Territory funding agreements
s 105exp 10 November 2008 (s 110)
Transitional—land placed under control of housing commissioner under old Act
s 106exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—standard residential tenancy terms, cl 36
s 107exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional—outdated references to old Act
s 108exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Transitional regulations
s 109exp 10 November 2008 (s 110 (LA s 88 declaration applies))
Expiry—pt 10
s 110exp 10 November 2008 (s 110)
Transitional—Residential Tenancies Legislation Amendment Act 2023
pt 11 hdgins A2023‑5 amdt 1.3
exp 1 April 2024 (s 114)
Meaning of commencement day—pt 11
s 111ins A2023‑5 amdt 1.3
exp 1 April 2024 (s 114)
Housing assistance program determinations
s 112ins A2023‑5 amdt 1.3
exp 1 April 2024 (s 114)
Operational guidelines
s 113ins A2023‑5 amdt 1.3
exp 1 April 2024 (s 114)
Expiry—pt 11
s 114ins A2023‑5 amdt 1.3
exp 1 April 2024 (s 114)
Reviewable decisions
sch 1ins A2008‑37 amdt 1.243
am A2009‑20 amdt 3.99, amdt 3.100; items renum R5 LA; A2013-18 amdt 1.3
Consequential amendments
sch 1 pt 1.1om LA s 89 (1) (b)
sch 1 pts 1.2-1.11 om LA s 89 (3)
Dictionary
dictam A2008‑37 amdt 1.244; A2009‑49 amdt 3.93, amdt 3.94; A2011‑22 amdt 1.253; A2012‑33 amdt 1.35; A2013‑22 amdt 1.29; A2023‑5 amdt 1.4; A2023-36 amdt 1.187
def affordable housing ins A2008‑33 s 9
def Community Housing Providers National Law (ACT) ins A2013-18 amdt 1.4
def company limited by guarantee ins A2008‑33 s 9
om A2013-18 amdt 1.5
def company limited by shares ins A2008‑33 s 9
om A2013-18 amdt 1.5
def entitled person ins A2012‑33 amdt 1.36
def housing provider ins A2008‑33 s 9
om A2013-18 amdt 1.5
def incorporated association ins A2008‑33 s 9
om A2013-18 amdt 1.5
def monitoring guidelines ins A2008‑33 s 9
om A2013-18 amdt 1.5
def official visitor ins A2013‑22 amdt 1.30
def registered community housing provider ins A2013-18 amdt 1.6
def reviewable decision ins A2008‑37 amdt 1.245
def standards ins A2008‑33 s 9
om A2013-18 amdt 1.7
def temporary housing assistance ins A2023‑5 amdt 1.5
def visitable place ins A2012‑33 amdt 1.36
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
10 Nov 200710 Nov 2007–
18 Mar 2008not amended new Act R2
19 Mar 200819 Mar 2008–
10 Nov 2008not amended modification by SL2008‑7 R3
11 Nov 200811 Nov 2008–
1 Mar 2009A2008‑37 commenced expiry R4
2 Mar 20092 Mar 2009–
21 Sept 2009A2008‑37 amendments by A2008‑33 and A2008‑37 R5
22 Sept 200922 Sept 2009–
16 Dec 2009A2009‑20 amendments by A2009‑20 R6
17 Dec 200917 Dec 2009–
2 June 2010A2009‑49 amendments by A2010‑49 R7
3 June 20103 June 2010–
30 June 2011A2010‑18 amendments by A2010‑18 R8
1 July 20111 July 2011–
29 Feb 2012A2011‑22 amendments by A2011‑22 R9
1 Mar 20121 Mar 2012–
31 Aug 2013A2011‑48 amendments by A2011‑48 R10
1 Sept 20131 Sept 2013–
31 Dec 2013A2013-22 amendments by A2012‑33 and A2013-22 R11
1 Jan 20141 Jan 2014–
31 Dec 2017A2013‑22 amendments by A2013-18 R12
1 Jan 20181 Jan 2018–
2 Oct 2019A2017‑14 amendments by A2016-55 as amended by A2017‑14 R13
3 Oct 20193 Oct 2019–
27 Mar 2023A2019‑29 amendments by A2019‑29 R14
28 Mar 202328 Mar 2023–
31 Mar 2023A2023‑5 amendments by A2023‑5 R15
1 Apr 20231 Apr 2023–
26 Nov 2023A2023‑5 amendments by A2023‑5 R16
27 Nov 202327 Nov 2023–
1 Apr 2024A2023‑36 amendments by A2023‑36 R17
2 Apr 20242 Apr 2024–
15 July 2024A2023‑36 expiry of transitional provisions (pt 11)
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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