Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022 (Vic)

Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022

No. 40 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Residential Tenancies Act 1997—community impact statements and common areas

Division 1—Community impact statements

3Definitions

4New section 322A inserted

5What is reasonable and proportionate?

Division 2—Common areas

6Definitions

7New section 3C inserted

Division 3—Consequential amendment to the Land Tax Act 2005

8Definitions—Land Tax Act 2005

Part 3—Amendment of Residential Tenancies Act 1997—notices to vacate and affordable housing schemes

9Definitions

10Residential rental provider must not unlawfully discriminate against another person by refusing to let rented premises

11Residential rental provider must not request prescribed information from applicants

12New section 91ZZEA inserted

13New section 91ZZEB inserted

14Reduced period of notice of intention to vacate in certain circumstances

15Notice to have no effect in certain circumstances

16Renter may challenge notice to vacate on grounds of family violence or personal violence

17Statute law revision

Part 4—Amendment of Housing Act 1983

18Definitions

19Section 9 amended

20New Division 3 of Part II inserted

21The general fund

22New section 26 inserted

23Section 26A amended

24New sections 32A and 32B inserted

25Delegation

26New Part VIIIB inserted

Part 5—Consequential amendments and transitional provisions—Housing Act 1983

Division 1—Consequential amendments of Housing Act 1983

27Consequential amendment of Division 1 of Part I

28Heading to Division 2 of Part II amended

29Section 10 amended

30Heading to Part III amended

31Consequential amendment of Part III

32Heading to Part IV amended

33Consequential amendment of Division 1 of Part IV

34Consequential amendment of Division 2 of Part IV

35Heading to Division 1 of Part V amended

36Consequential amendment of Division 1 of Part V

37Consequential amendment of Division 2 of Part V

38Heading to Division 6 of Part VIII amended

39Consequential amendment of Division 6 of Part VIII

40Consequential amendment of Division 8 of Part VIII

41Consequential amendment of Division 1 of Part VIIIA

42Definitions

43Consequential amendment of Parts IX and X

44Consequential amendment of Schedule 2

45Consequential amendment of Schedule 5

46Consequential amendment of Schedule 6

47Consequential amendment of Schedule 7

48Consequential amendment of Schedule 8

Division 2—Transitional provisions

49New sections 146 to 149 inserted

Division 3—Consequential amendments to other Acts

50Building Act 1993

51Duties Act 2000

52Estate Agents Act 1980—Definitions

53Estate Agents Act 1980—Act not to apply to Government Departments etc.

54Fire Services Property Levy Act 2012

55First Home Owner Grant and Home Buyer Schemes Act 2000

56Land (Goonawarra Golf Course) Act 1988

57Rooming House Operators Act 2016

58Sale of Land Act 1962

59Treasury Corporation of Victoria Act 1992

Part 6—Consequential amendment of Residential Tenancies Act 1997—Homes Victoria and Victorian Affordable Housing Programs

Division 1—Homes Victoria references

60Residential Tenancies Act 1997

Division 2—Victorian Affordable Housing Programs amendments

61Rent increases

62Section 57 amended

63Section 83 amended

64Reduced period of notice of intention to vacate in certain circumstances

65Non-payment of rent

Part 7—Amendment of Social Services Regulation Act 2021 and Supported Residential Services (Private Proprietors) Act 2010

66Commencement amended

67New section 219 inserted

Part 8—Repeal of this Act

68Repeal of this Act

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Endnotes

1      General information

Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022

No. 40 of 2022

[Assented to 6 September 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Residential Tenancies Act 1997 in relation to rented premises which are public housing for which Homes Victoria is the residential rental provider—

(i)to provide for Homes Victoria to provide a community impact statement with certain applications for a possession order; and

(ii)to provide for Homes Victoria to specify certain areas to be common areas; and

(b)to amend the Housing Act 1983 and the Residential Tenancies Act 1997 in relation to the provision of affordable housing; and

(c)to amend the Housing Act 1983—

(i)in relation to the functions and constitution of Homes Victoria, formerly the Director of Housing; and

(ii)to establish the Homes Victoria Advisory Board; and

(d)to extend the default commencement date of the Social Services Regulation Act 2021; and

(e)to extend the operation of regulations under the Supported Residential Services (Private Proprietors) Act 2010; and

(f)to consequentially amend other Acts.

2Commencement

(1)This Part and Part 7 come into operation on the day on which this Act receives the Royal Assent.

(2)The remaining provisions of this Act, except Part 2, come into operation on the day after the day on which it receives the Royal Assent.

(3)Subject to subsection (4), Part 2 comes into operation on a day or days to be proclaimed.

(4)If a provision of Part 2 does not come into operation before 20 June 2023, it comes into operation on that day.

Part 2—Amendment of Residential Tenancies Act 1997—community impact statements and common areas

Division 1—Community impact statements

3Definitions

In section 3(1) of the Residential Tenancies Act 1997 insert the following definition—

"community impact statement means a statement provided by Homes Victoria under section 322A;".

4New section 322A inserted

After section 322 of the Residential Tenancies Act 1997 insert—

"322A   Community impact statement

(1)If Homes Victoria applies for a possession order under section 322(1) for rented premises which are public housing, and that application is supported by a notice to vacate given under a section specified in subsection (2), Homes Victoria may provide a community impact statement to the Tribunal with that application.

(2)For the purposes of subsection (1), the following sections are specified—

(a)section 91ZI;

(b)section 91ZJ;

(c)section 91ZK;

(d)section 91ZL;

(e)section 91ZO, if the order of the Tribunal under section 212 with which the renter has failed to comply was made in respect of a breach of section 60, 61 or 63;

(f)section 91ZP;

(g)section 91ZQ;

(h)section 91ZR;

(i)section 91ZS.

(3)A community impact statement must contain information about the impact of the conduct of the renter which led to the notice to vacate being given on persons who have been affected by the renter's conduct.

(4)If Homes Victoria provides a community impact statement to the Tribunal, Homes Victoria must provide a copy of that community impact statement to the renter or the renter's legal representative (if any).".

5What is reasonable and proportionate?

After section 330A(g) of the Residential Tenancies Act 1997 insert—

"(ga)in the case of an application referred to in section 322A, any community impact statement provided by Homes Victoria;".

Division 2—Common areas

6Definitions

In section 3(1) of the Residential Tenancies Act 1997, for the definition of common area substitute—

"common area means—

(a)any area in which facilities are provided for the use of renters, residents or site tenants otherwise than as part of the rented premises, room, site or Part 4A site; and

(b)in relation to rented premises which are public housing, an area specified in a notice under section 3C;".

7New section 3C inserted

After section 3B of the Residential Tenancies Act 1997 insert—

"3C   Homes Victoria may specify area to be common area for rented premises which are public housing

(1)For the purposes of paragraph (b) of the definition of common area, Homes Victoria, by notice published in the Government Gazette, may specify an area to be a common area if—

(a)the area is on or in land or a building that is owned or controlled by Homes Victoria; and

(b)the area is—

(i)associated with rented premises which are public housing; or

(ii)in, on or associated with land on, or a building in, which rented premises which are public housing are situated.

(2)An area may be specified as a common area under subsection (1) whether or not the area can be accessed by members of the public.

(3)The notice must specify the area and the address of the land on, or building in, which the area is located which is specified as a common area.

(4)Homes Victoria must take all reasonable steps to notify any resident of an area to which a notice under subsection (1) applies that the area is a common area for the purposes of this Act.".

Division 3—Consequential amendment to the Land Tax Act 2005

8Definitions—Land Tax Act 2005

In section 3(1) of the Land Tax Act 2005, in the definition of common area, for "as in" substitute "as given in paragraph (a) of the definition of common area in".

Part 3—Amendment of Residential Tenancies Act 1997—notices to vacate and affordable housing schemes

9Definitions

(1)In section 3(1) of the Residential Tenancies Act 1997 insert the following definitions—

"allocation, in relation to the National Rental Affordability Scheme, has the same meaning as provided for in section 4 of the National Rental Affordability Scheme Act 2008 of the Commonwealth;

National Rental Affordability Scheme means the scheme prescribed for the purposes of section 5 of the National Rental Affordability Scheme Act 2008 of the Commonwealth;

NRAS eligibility criteria means the criteria for eligibility for a rental dwelling under the National Rental Affordability Scheme as provided for in the National Rental Affordability Scheme Regulations 2020 of the Commonwealth;".

(2)In section 3(1) of the Residential Tenancies Act 1997 insert the following definition—

"public housing means non-profit housing in the public sector, other than under the Victorian Affordable Housing Programs, for which Homes Victoria is the residential rental provider;".

(3)In section 3(1) of the Residential Tenancies Act 1997 insert the following definitions—

"VAHP declaration has the same meaning as it has in the Housing Act 1983;

VAHP determination has the same meaning as it has in the Housing Act 1983;

Victorian Affordable Housing Programs has the same meaning as it has in the Housing Act 1983;

Victorian Affordable Housing Programs eligibility criteria means the criteria for eligibility for rented premises under the Victorian Affordable Housing Programs as set out in a VAHP declaration or a VAHP determination;".

10Residential rental provider must not unlawfully discriminate against another person by refusing to let rented premises

(1)After section 30A(4)(d) of the Residential Tenancies Act 1997 insert—

"(da)an entity that provides rented premises as affordable housing in accordance with the Victorian Affordable Housing Programs;".

(2)After section 30A(5) of the Residential Tenancies Act 1997 insert—

"(6)If Homes Victoria makes a VAHP determination that relates to an attribute of a person referred to in section 6 of the Equal Opportunity Act 2010, that VAHP determination is not a contravention of this section.".

11Residential rental provider must not request prescribed information from applicants

At the end of section 30C of the Residential Tenancies Act 1997 insert—

"(2)Nothing in this section prevents a residential rental provider which is an entity specified in subsection (3) from requesting a renter or an applicant for affordable housing or social housing to provide any statement from an ADI containing daily transactions that only includes credit transactions or that excludes debit transactions for—

(a)the renter's or the applicant's account; or

(b)an account of any other adult member of the renter's or the applicant's household.

Example

A redacted statement.

(3)For the purposes of subsection (2), the following are specified entities—

(a)Homes Victoria or its agent;

(b)a registered agency or the registered agency's agent;

(c)an authorised person (within the meaning of section 4(1) of the Housing Act 1983) who provides rented premises for a purpose referred to in section 142A(2)(a) of that Act;

(d)a person who provides rented premises in accordance with a determination made under section 142E of the Housing Act 1983;

(e)a person who provides rented premises as affordable housing within the meaning of section 3AA of the Planning and Environment Act 1987;

(f)a residential rental provider of rented premises which are subject to a current allocation under the National Rental Affordability Scheme;

(g)an entity that provides rented premises as affordable housing in accordance with the Victorian Affordable Housing Programs.

(4)Despite subsection (2), a renter or an applicant may provide a statement from an ADI that is not redacted and includes credit transactions and debit transactions for an account referred to in subsection (2)(a) or (b).".

12New section 91ZZEA inserted

After section 91ZZE of the Residential Tenancies Act 1997 insert—

"91ZZEA   Renter no longer meets NRAS eligibility criteria

(1)A residential rental provider of rented premises which are subject to a current allocation under the National Rental Affordability Scheme may give the renter a notice to vacate the rented premises if—

(a)the renter submits documentation to the residential rental provider which shows that the renter no longer meets the NRAS eligibility criteria; or

(b)subject to subsections (2), (3) and (4)—

(i)the residential rental provider has given a written request to the renter to submit documentation to the residential rental provider for the sole purpose of assessing the renter's ongoing eligibility; and

(ii)within 60 days of that request, the renter has not provided that documentation.

(2)A request referred to in subsection (1)(b) must be made in accordance with the requirements under the National Rental Affordability Scheme.

(3)Despite a notice to vacate being given under this section because subsection (1)(b) applies, a renter may give the residential rental provider the requested documentation during the 90 day notice period.

(4)If a notice to vacate is given under this section because subsection (1)(b) applies, the notice to vacate ceases to have effect and is taken to be withdrawn if—

(a)the renter gives the residential rental provider the requested documentation during the 90 day notice period in accordance with subsection (3); and

(b)the documentation shows that the renter meets the NRAS eligibility criteria.

(5)A notice to vacate under this section—

(a)may be given to a renter whether the residential rental agreement is a fixed term residential rental agreement or a periodic residential rental agreement; and

(b)subject to subsection (6), if the residential rental agreement is a fixed term residential rental agreement—

(i)may specify a termination date that is before the end of the fixed term; and

(ii)may be given during the initial fixed term or a subsequent fixed term or any subsequent periodic residential rental agreement.

(6)The notice must specify a termination date that is not less than 90 days after the date on which the notice is given.

(7)Nothing in this section prevents a residential rental provider giving a notice to vacate under section 91ZZD or 91ZZDA.".

13New section 91ZZEB inserted

Before section 91ZZF of the Residential Tenancies Act 1997 insert—

"91ZZEB   Renter no longer meets Victorian Affordable Housing Programs eligibility criteria

(1)This section applies if—

(a)rented premises are provided under the Victorian Affordable Housing Programs; and

(b)the residential rental provider gave written notice to the renter before the residential rental agreement was entered into of the following—

(i)that the rented premises are being provided under the Victorian Affordable Housing Programs;

(ii)that entering into a residential rental agreement and the ongoing occupation of the premises is subject to that renter meeting the relevant Victorian Affordable Housing Programs eligibility criteria.

(2)The residential rental provider may give a renter a notice to vacate the rented premises if—

(a)the renter submits documentation to the residential rental provider which shows that the renter no longer meets the relevant Victorian Affordable Housing Programs eligibility criteria; or

(b)subject to subsections (3), (4), (5) and (6)—

(i)the residential rental provider has given a written request to the renter to submit documentation to the residential rental provider for the sole purpose of assessing the renter's ongoing eligibility; and

(ii)within 60 days of that request, the renter has not provided that documentation.

(3)A request referred to in subsection (2)(b) must be made in accordance with the relevant VAHP declaration and VAHP determination.

(4)A request referred to in subsection (2)(b) must not be made more frequently than—

(a)if the relevant VAHP declaration or VAHP determination specifies a period, in accordance with the period of frequency specified in the relevant VAHP declaration or VAHP determination for the provision of documentation; or

(b)if no period of frequency is specified in the VAHP declaration or VAHP determination—

(i)once every 12 months, commencing from the date that the residential rental agreement starts; or

(ii)in the case of a periodic residential rental agreement, once every 12 months from the date that the periodic residential rental agreement starts.

(5)Nothing in subsection (4) prevents a request for further information being made more frequently than specified in subsection (4) if a response to an original request was insufficient to allow for assessment of a renter meeting the relevant Victorian Affordable Housing Programs eligibility criteria.

(6)If a notice to vacate is given under this section because subsection (2)(b) applies—

(a)the renter may give the residential rental provider the requested documentation during the 90 day notice period; and

(b)if the documentation shows that the renter does meet the relevant Victorian Affordable Housing Programs eligibility criteria, the notice to vacate ceases to have effect and is taken to be withdrawn.

(7)A notice to vacate under this section—

(a)may be given to a renter whether the residential rental agreement is a fixed term residential rental agreement or a periodic residential rental agreement; and

(b)subject to subsection (8), if the residential rental agreement is a fixed term residential rental agreement—

(i)may specify a termination date that is before the end of the fixed term; and

(ii)may be given during the initial fixed term or a subsequent fixed term or any subsequent periodic residential rental agreement.

(8)The notice must specify a termination date that is not less than 90 days after the date on which the notice is given.

(9)Nothing in this section prevents a residential rental provider giving a notice to vacate under section 91ZZD or 91ZZDA.".

14Reduced period of notice of intention to vacate in certain circumstances

In section 91ZB(1)(a) of the Residential Tenancies Act 1997, for "or 91ZZE" substitute ", 91ZZE, 91ZZEA or 91ZZEB".

15Notice to have no effect in certain circumstances

In section 91ZZI(4) of the Residential Tenancies Act 1997, for "or 91ZZDA" substitute ", 91ZZDA, 91ZZEA or 91ZZEB".

16Renter may challenge notice to vacate on grounds of family violence or personal violence

In section 91ZZU(1) of the Residential Tenancies Act 1997, for "or 91ZR" substitute ", 91ZR, 91ZZEA or 91ZZEB".

17Statute law revision

(1)In section 7(2) of the Residential Tenancies Act 1997, for "Health and Human Services" substitute "Families, Fairness and Housing".

(2)In section 29(2) of the Residential Tenancies Act 1997, for "tenant" substitute "renter".

(3)In section 330(2) of the Residential Tenancies Act 1997, for "section 322(3)" substitute "section 322(2)".

(4)In section 404 of the Residential Tenancies Act 1997, in paragraph (f) of the definition of residential rental provider, for "(d);" substitute "(d).".

Part 4—Amendment of Housing Act 1983

18Definitions

(1)In section 4(1) of the Housing Act 1983—

(a)insert the following definitions—

"VAHP declaration means a declaration under section 142JA;

VAHP determination means a determination under section 142JB;

Victorian Affordable Housing Programs means the affordable housing programs under Part VIIIB;";

(b)for the definition of public housing substitute—

"public housing means non-profit housing in the public sector, other than under the Victorian Affordable Housing Programs;";

(c)for the definition of social housing substitute—

"social housing means the following housing (other than under the Victorian Affordable Housing Programs)—

(a)public housing;

(b)housing owned, controlled or managed by a participating registered agency;".

(2)In section 4(1) of the Housing Act 1983 insert the following definitions—

"Advisory Board means the Homes Victoria Advisory Board established under section 11A;

Chair means the Chair of the Advisory Board appointed under section 11D;

Chief Executive Officer, Homes Victoria means the person referred to in section 9(1) as the Chief Executive Officer, Homes Victoria;

general fund means the fund established under section 25;

Homes Victoria means the body corporate established under section 9(2);

Homes Victoria development project means a project—

(a)to be carried out by or on behalf of Homes Victoria to develop, operate, manage or maintain property for the purposes of this Act; and

(b)that has been approved in writing by the Minister;

Homes Victoria subsidiary—see section 32A(a);

member, in relation to the Advisory Board, means a member of the Advisory Board appointed under section 11D;

project fund means a fund established under section 26;".

(3)In section 4(1) of the Housing Act 1983, in the definition of Department, for "Department of Human Services" substitute "Department of Families, Fairness and Housing".

(4)In section 4(1) of the Housing Act 1983, the definitions of Director and Director of Housing are repealed.

(5)After section 4(2) of the Housing Act 1983 insert—

"(3)In this Act—

(a)a reference to a function includes a reference to a power, authority and duty; and

(b)a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.".

19Section 9 amended

(1)Insert the following heading to section 9 of the Housing Act 1983—

"Chief Executive Officer, Homes Victoria".

(2)In section 9(1) of the Housing Act 1983, for "Director of Housing" (wherever occurring) substitute "Chief Executive Officer, Homes Victoria".

(3)In section 9(1)(b) of the Housing Act 1983, for "2004;" substitute "2004".

(4)In section 9(2) of the Housing Act 1983—

(a)for "The Director of Housing and his or her" substitute "The Chief Executive Officer, Homes Victoria and the Chief Executive Officer's";

(b)for 'name of the "Director of Housing"' substitute 'name of "Homes Victoria"'.

(5)After section 9(2) of the Housing Act 1983 insert—

"(2A)Homes Victoria consists of the Chief Executive Officer, Homes Victoria.".

(6)In section 9(3) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(7)After section 9(3) of the Housing Act 1983 insert—

"(3A)The Minister, by direction published in the Government Gazette, may—

(a)confer functions on Homes Victoria; and

(b)vary the functions of Homes Victoria.".

(8)In section 9(4) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

20New Division 3 of Part II inserted

After section 11 of the Housing Act 1983 insert—

"Division 3—Homes Victoria Advisory Board

11AHomes Victoria Advisory Board

(1)The Homes Victoria Advisory Board is established.

(2)The Advisory Board must consist of no fewer than 5 members and no more than 11 members.

11BConstitution of Advisory Board

The Advisory Board consists of—

(a)a Chair; and

(b)any other member appointed in accordance with this Division.

11CRole and functions of Advisory Board

The role of the Advisory Board is to provide the Minister and the Chief Executive Officer, Homes Victoria with strategic advice in relation to the following—

(a)the long-term strategic direction of Homes Victoria, maximising outcomes from State housing properties, deployment of housing support services and key policy reforms;

(b)the financial performance and stability of Homes Victoria;

(c)strategic risks and opportunities and approaches to social housing and affordable housing;

(d)the corporate plan and performance indicators of Homes Victoria;

(e)any other matter referred to the Advisory Board by the Minister.

11DAppointment of Advisory Board members

(1)The Minister, by instrument, may appoint the Chair and any other member of the Advisory Board.

(2)In appointing members of the Advisory Board, the Minister must have regard to—

(a)the mix of knowledge, skills and experience of members of the Advisory Board, including those pertaining to—

(i)social housing and affordable housing; and

(ii)construction, property and infrastructure development; and

(iii)finance, audit and risk; and

(iv)community sector leadership and management; and

(v)architecture and planning; and

(b)the diversity of members of the Advisory Board, including gender, disability and sexuality.

(3)In appointing members of the Advisory Board, the Minister must ensure that Aboriginal persons are represented.

(4)The appointment of a member of the Advisory Board under subsection (1)—

(a)is for a term, not exceeding 2 years, specified in the instrument of appointment; and

(b)is on the terms and conditions that are specified in the instrument of appointment.

(5)Subject to a performance assessment by the Minister, the Chair of the Advisory Board is eligible to be reappointed for a maximum of 3 consecutive 2 year terms.

(6)Subject to a performance assessment by the Chair and on the approval of the Minister, a member of the Advisory Board, other than the Chair, is eligible to be reappointed for a maximum of 3 consecutive 2 year terms.

11EVacancy and removal from Advisory Board

The Minister may remove a member from the Advisory Board.

11FResignation

A member of the Advisory Board may resign by notice in writing delivered to the Minister.

11GMeetings of Advisory Board

(1)Meetings of the Advisory Board must be held at the time and places and conducted in the form the Advisory Board determines appropriate.

(2)The Advisory Board must ensure that minutes are kept of each meeting.

11HAdvisory Board must provide forward plan to Minister

(1)The Advisory Board must prepare a forward plan for each financial year after the commencement of this section.

(2)The Advisory Board must give a copy of the proposed forward plan to the Minister before the financial year to which the forward plan relates.

(3)The Minister may approve a forward plan.".

21The general fund

(1)For section 25(3) of the Housing Act 1983 substitute—

"(3)Homes Victoria may pay money out of the general fund—

(a)to pay any amounts payable by Homes Victoria (other than money to be paid out of a project fund in relation to a Homes Victoria development project)—

(i)in carrying out the objects of this Act; and

(ii)in the exercising of its functions under this Act; and

(b)for any other purposes authorised by this Act.".

(2)After section 25(4) of the Housing Act 1983 insert—

"(5)Homes Victoria may pay out of an account kept under subsection (4) any amounts for the purposes referred to in subsection (3).".

22New section 26 inserted

After section 25 of the Housing Act 1983 insert—

"26   Project funds

(1)With the written approval of the Treasurer, Homes Victoria may establish and keep one or more project funds for the purposes of a Homes Victoria development project.

(2)There may be paid into a project fund—

(a)all money received by Homes Victoria, or on its behalf, in respect of, or in connection with, the carrying out of its functions under this Act or any other Act relating to a Homes Victoria development project; and

(b)all income from the investment of money in a project fund and the proceeds of sale of any investment; and

(c)any money directed or approved by the Minister or the Treasurer to be paid into a project fund; and

(d)all other money that Homes Victoria receives for payment, or is permitted to be paid, into a project fund.

(3)Homes Victoria may pay money out of a project fund—

(a)to pay any amounts payable by Homes Victoria in respect of Homes Victoria's functions under this Act or any other Act relating to a Homes Victoria development project; and

(b)to pay any costs and expenses incurred by Homes Victoria in relation to its functions under this Act or any other Act relating to a Homes Victoria development project; and

(c)to repay any amount borrowed by Homes Victoria under this Act for any purpose relating to a Homes Victoria development project together with any charges or interest on that amount; and

(d)to pay any amount to be paid into another project fund on the written approval of the Treasurer; and

(e)for any other purpose authorised by or under this Act or any other Act.".

23Section 26A amended

(1)Insert the following heading to section 26A of the Housing Act 1983—

"Guarantee, indemnity and security by Homes Victoria".

(2)After section 26A(2) of the Housing Act 1983 insert—

"(2A)With the approval of the Treasurer, Homes Victoria may grant security over the real and personal property (including any present, future, tangible or intangible property or assets and any right, interest, revenue or benefit in, under or derived from that property or asset) of, or the shares, debentures, securities or units Homes Victoria holds in, an entity that Homes Victoria has formed, participated or invested in under section 32A.".

(3)In section 26A(3) of the Housing Act 1983, for "A guarantee executed or an indemnity provided by the Director under subsection (1) or (2)" substitute "A guarantee executed, an indemnity provided or a security granted by Homes Victoria under subsection (1), (2) or (2A)".

24New sections 32A and 32B inserted

After section 32 of the Housing Act 1983 insert—

"32A   Homes Victoria may enter into joint ventures etc.

With the approval of the Minister and the Treasurer, Homes Victoria may do any or all of the following—

(a)form, or participate in the formation of, a corporation, trust, joint venture, partnership or other body, including a non-profit body (a Homes Victoria subsidiary);

(b)subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;

(c)become a member of a company limited by guarantee;

(d)subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;

(e)act as a trustee or manager of a trust or other investment interest and authorise any subsidiaries of Homes Victoria to act as a trustee or manager of a trust or other investment interest;

(f)acquire and hold and dispose of an interest in a partnership or other body or arrangement;

(g)enter into any contract or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.

32BPowers of Homes Victoria subsidiaries

(1)Without limiting any other powers of a Homes Victoria subsidiary under this Act or any other Act or law, a Homes Victoria subsidiary may do all things that are necessary or convenient to be done for or in connection with, or incidental to, a Homes Victoria development project (including as the delegate of Homes Victoria).

(2)For the purposes of subsection (1), a Homes Victoria subsidiary may do any one or more of the following—

(a)acquire, hold, lease, license and dispose of real or personal property;

(b)enter into agreements and arrangements, and do all things necessary or convenient to be done to give effect to the agreements and arrangements;

(c)employ persons as necessary;

(d)act as an agent for another person or body;

(e)engage consultants, contractors or agents;

(f)do and suffer all acts and things that a person may by law do and suffer.".

25Delegation

(1)In section 35(1) of the Housing Act 1983, for "except" substitute "including, subject to subsection (7),".

(2)After section 35(6) of the Housing Act 1983 insert—

"(7)With the approval of the Minister, a delegate of a power, discretion, function or authority under subsection (1), subject to any conditions to which the delegation is subject, by instrument may subdelegate that power, discretion, function or authority to any other person or persons or body if the instrument of delegation authorises its subdelegation.

(8)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a subdelegation under subsection (7) as if it were a delegation.".

26New Part VIIIB inserted

After Part VIIIA of the Housing Act 1983 insert—

"Part VIIIB—Victorian Affordable Housing Programs

142JAVAHP declaration

(1)The Minister, by Order published in the Government Gazette, may declare an affordable housing program to be a Victorian Affordable Housing Program.

(2)A VAHP declaration may only be made if the State or the Commonwealth provides or has provided the affordable housing program to which the declaration applies with the funding, land, a subsidy or an incentive (including any planning incentive or tax incentive) as a contribution to—

(a)the construction, acquisition, management, provision of or accommodation in, affordable housing or affordable rental housing; or

(b)the acquisition or management of land used for affordable housing or affordable rental housing.

(3)A VAHP declaration must—

(a)describe the scope and purpose of the Victorian Affordable Housing Program; and

Example

Affordable housing for teachers in regional areas.

(b)specify that participation in the Victorian Affordable Housing Program is subject to the requirements set out in relation to the Victorian Affordable Housing Program in any relevant VAHP determination; and

(c)specify the date on which the declaration comes into operation, which must be a date after the date on which it is published in the Government Gazette; and

Note

See subsection (1) for the requirement to be published in the Government Gazette.

(d)be published on the Department's Internet site.

(4)A VAHP declaration may specify all or any of the following—

(a)details as to the requirements for participation in the Victorian Affordable Housing Program, including but not limited to eligibility criteria;

(b)matters that must be included in any VAHP determination applying to the Victorian Affordable Housing Program to which the VAHP declaration applies;

(c)the date on which the VAHP declaration expires;

(d)any other matter the Minister considers relevant or appropriate.

Note

See section 27 of the Interpretation of Legislation Act 1984 in relation to the power to repeal (which pursuant to section 3 of that Act includes revocation) or amend a subordinate instrument.

142JBHomes Victoria may make VAHP determination

(1)Homes Victoria may make a VAHP determination which sets out specific operational and policy settings for any affordable housing program which has been declared to be a Victorian Affordable Housing Program under section 142JA.

(2)Before making a VAHP determination, Homes Victoria must consult with any person that Homes Victoria considers is a relevant stakeholder, but is not required to do so in relation to any revocation or any minor or clerical amendment of a determination.

Note

See section 27 of the Interpretation of Legislation Act 1984 in relation to the power to repeal (which pursuant to section 3 of that Act includes revocation) or amend a subordinate instrument.

(3)A VAHP determination must—

(a)be published in the Government Gazette; and

(b)identify the Victorian Affordable Housing Program to which it applies; and

(c)be in accordance with any requirements of the VAHP declaration to which it relates; and

(d)specify the date on which the determination comes into operation, which must be a date after the date on which it is published in the Government Gazette; and

(e)be published on the Department's Internet site.

(4)A VAHP determination may include all or any of the following—

(a)eligibility criteria for participation in the relevant Victorian Affordable Housing Program, whether as a provider, a renter (within the meaning of the Residential Tenancies Act 1997) or any other participant;

(b)application processes;

(c)selection processes for participation in the relevant Victorian Affordable Housing Program;

(d)rent settings;

(e)tenancy management;

(f)tenure length or duration;

(g)record keeping requirements;

(h)requirements for information collection, requests for information and provision of information;

(i)dispute resolution processes;

(j)the date on which the determination expires;

(k)any other matter necessary or convenient to give effect to the Victorian Affordable Housing Program or the VAHP declaration to which the determination relates;

(l)any other matter associated with or ancillary to any matter referred to in paragraphs (a) to (k).

142JCHomes Victoria powers and functions regarding Victorian Affordable Housing Programs

(1)Without limiting any other power or function of Homes Victoria, Homes Victoria may exercise any of its powers under this Act in carrying out its functions, and has all powers necessary or convenient to carry out the functions of—

(a)delivering or facilitating the delivery of affordable housing and affordable rental housing through the Victorian Affordable Housing Programs; and

(b)administering the Victorian Affordable Housing Programs.

(2)Without limiting subsection (1), Homes Victoria may do all or any of the following—

(a)receive and assess applications to participate in a Victorian Affordable Housing Program;

(b)assess and determine eligibility of applicants to participate in a Victorian Affordable Housing Program and select participants for a Victorian Affordable Housing Program;

(c)enter into any contract, memorandum of understanding, deed or other agreement or arrangement for the purposes of carrying out any function referred to in subsection (1).".

Part 5—Consequential amendments and transitional provisions—Housing Act 1983

Division 1—Consequential amendments of Housing Act 1983

27Consequential amendment of Division 1 of Part I

In section 4(1) of the Housing Act 1983—

(a)in paragraph (a) of the definition of authorised person, for "the Director" substitute "Homes Victoria";

(b)in paragraph (b) of the definition of authorised person, for "the Director" substitute "Homes Victoria";

(c)in paragraph (a) of the definition of designated service provider, for "the Director" substitute "Homes Victoria";

(d)in the definition of eligibility criteria, for "the Director" substitute "Homes Victoria";

(e)for paragraph (d) of the definition of Government agency substitute—

"(d)Homes Victoria;";

(f)in the definition of hirer, for "the Director" substitute "Homes Victoria";

(g)in the definition of hiring agreement, for "the Director" substitute "Homes Victoria";

(h)in the definition of participating designated service provider, for "the Director" substitute "Homes Victoria";

(i)in the definition of participating registered agency, for "the Director" substitute "Homes Victoria";

(j)in the definition of priority category, for "the Director" substitute "Homes Victoria".

28Heading to Division 2 of Part II amended

In the heading to Division 2 of Part II of the Housing Act 1983, for "Director of Housing" substitute "Chief Executive Officer, Homes Victoria".

29Section 10 amended

(1)Insert the following heading to section 10 of the Housing Act 1983—

Homes Victoria to be subject to the direction and control of Minister"".

(2)In section 10(1) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(3)In section 10(2) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(4)In section 10(3) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

30Heading to Part III amended

In the heading to Part III of the Housing Act 1983, for "Director" substitute "Homes Victoria".

31Consequential amendment of Part III

(1)In section 13 of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(2)In section 14(1) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" (wherever occurring) substitute "Homes Victoria".

(3)In section 15(1) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" (wherever occurring) substitute "Homes Victoria".

(4)In section 16(1) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" (wherever occurring) substitute "Homes Victoria".

(5)In section 16(2) of the Housing Act 1983—

(a)for "the Director" (wherever occurring) substitute "Homes Victoria";

(b)for "the Director's" substitute "Homes Victoria's".

(6)In section 16(4) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(7)In section 16(6) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(8)In section 17(1) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(9)In section 18(1) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(10)In section 18(2) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(11)In section 18(3) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(12)In section 18(3A) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(13)In section 18(4) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

32Heading to Part IV amended

In the heading to Part IV of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

33Consequential amendment of Division 1 of Part IV

(1)In section 19 of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(2)In section 20(1) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(3)In section 20(3) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(4)In section 21 of the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(5)In section 22(1) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(6)In section 23 of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(7)In section 24(1) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(8)In section 24(2) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(9)In section 24(3) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(10)In section 25(1) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(11)In section 25(2) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(12)In section 25(4) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(13)In section 26A(1) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(14)In section 26A(2) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(15)In section 27(1) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(16)In section 27(3) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(17)In section 27(4) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(18)In section 27(5) of the Housing Act 1983—

(a)for "the Director" (wherever occurring) substitute "Homes Victoria";

(b)for "the Director's" substitute "Homes Victoria's".

(19)In section 27(6) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(20)In section 27(7) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director's" substitute "Homes Victoria's".

(21)In section 27(8) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(22)Insert the following heading to section 27 of the Housing Act 1983—

Preparation of annual budgets by Homes Victoria"".

34Consequential amendment of Division 2 of Part IV

(1)Insert the following heading to section 30 of the Housing Act 1983—

Homes Victoria appointed agent for performance of Agreement"".

(2)In section 30(1) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(3)In section 30(2) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(4)Insert the following heading to section 31 of the Housing Act 1983—

Payment of money to Homes Victoria"".

(5)In section 31(1) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(6)In section 31(2) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director's" substitute "Homes Victoria's".

(7)In section 31(3) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(8)In section 31(3A) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

35Heading to Division 1 of Part V amended

In the heading to Division 1 of Part V of the Housing Act 1983, for "Director" substitute "Homes Victoria".

36Consequential amendment of Division 1 of Part V

(1)In section 32 of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(2)Insert the following heading to section 33 of the Housing Act 1983—

Homes Victoria may enter into agreements"".

(3)In section 33(1) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(4)In section 33(3) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(5)In section 34(1) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(6)In section 34(2) of the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(7)In section 34(3) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(8)In section 34(4) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(9)In section 35(1) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(10)In section 35(3) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(11)In section 35(5) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(12)In section 35(6) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(13)In section 36 of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(14)In section 36A(1) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" (wherever occurring) substitute "Homes Victoria".

(15)In section 36A(2) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(16)In section 36A(3) of the Housing Act 1983—

(a)for "The Director's" substitute "Homes Victoria's";

(b)for "the Director" substitute "Homes Victoria".

(17)In section 36A(4) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" (where twice occurring) substitute "Homes Victoria".

(18)In section 36A(5) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(19)In section 36A(6) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(20)In section 36A(7) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" (where twice occurring) substitute "Homes Victoria".

(21)In section 36A(8) of the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

37Consequential amendment of Division 2 of Part V

(1)In section 37(1) of the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(2)In section 37(2) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(3)In section 37(3) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(4)In section 38(1) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(5)In section 38(2) of the Housing Act 1983—

(a)in paragraph (a), for "Director of Housing" substitute "Chief Executive Officer, Homes Victoria";

(b)in paragraph (d), for "the Director" substitute "Homes Victoria".

(6)In section 39 of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" (where twice occurring) substitute "Homes Victoria".

(7)In section 42(1) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(8)In section 42(2) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(9)In section 43(4) of the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(10)In section 44 of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

38Heading to Division 6 of Part VIII amended

In the heading to Division 6 of Part VIII of the Housing Act 1983, for "Director" substitute "Homes Victoria".

39Consequential amendment of Division 6 of Part VIII

(1)In the heading to section 107 of the Housing Act 1983, for "Director" substitute "Homes Victoria".

(2)In section 107(1) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(3)In section 107(2) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" (wherever occurring) substitute "Homes Victoria".

(4)In the heading to section 108 of the Housing Act 1983, for "Director" substitute "Homes Victoria".

(5)In section 108(1) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(6)In section 108(2) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(7)In the heading to section 109 of the Housing Act 1983, for "Director" substitute "Homes Victoria".

(8)In section 109(1) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(9)In section 110(1) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(10)In section 110(3) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(11)In the note at the foot of section 110(5) of the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(12)In the heading to section 111 of the Housing Act 1983, for "Director" substitute "Homes Victoria".

(13)In section 111 of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

40Consequential amendment of Division 8 of Part VIII

(1)In section 130(1)(ba) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(2)In section 132(3)(a) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

41Consequential amendment of Division 1 of Part VIIIA

(1)In section 142A(1) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(2)In section 142B of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(3)In section 142C(1)(f) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(4)In section 142D of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(5)In the heading to section 142E of the Housing Act 1983, for "Director" substitute "Homes Victoria".

(6)In section 142E(1) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(7)In section 142E(2) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(8)In section 142E(3) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(9)In section 142F(1) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(10)In section 142F(2) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(11)In section 142F(3) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director's" substitute "Homes Victoria's".

(12)In section 142F(4) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(13)In section 142G(1) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(14)In section 142G(2) of the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(15)In section 142G(3) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(16)In section 142G(4) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(17)In section 142G(5) of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(18)In section 142H of the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

42Definitions

In section 142I of the Housing Act 1983, in paragraph (a) of the definition of relevant person, for "the Director" substitute "Homes Victoria".

43Consequential amendment of Parts IX and X

(1)In section 143(2) of the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(2)In section 143(3)(d) of the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(3)After section 144(5) of the Housing Act 1983 insert—

"(6)On and from the commencement of section 43 of the Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, a reference to the Director in this section includes a reference to Homes Victoria.".

44Consequential amendment of Schedule 2

(1)In clause 1(b) of Schedule 2 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(2)Insert the following heading to clause 2 of Schedule 2 to the Housing Act 1983—

Governor in Council empowered to grant Crown land to Homes Victoria"".

(3)In clause 2 of Schedule 2 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(4)Insert the following heading to clause 3 of Schedule 2 to the Housing Act 1983—

Municipalities and public statutory corporations empowered to grant land to Homes Victoria"".

(5)In clause 3(1) of Schedule 2 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(6)In clause 3(2) of Schedule 2 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(7)In clause 4(1) of Schedule 2 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(8)In clause 4(2) of Schedule 2 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(9)Insert the following heading to clause 6 of Schedule 2 to the Housing Act 1983—

Power"of Homes Victoria to grant loans to purchasers ".

(10)In clause 6 of Schedule 2 to the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(11)Insert the following heading to clause 7 of Schedule 2 to the Housing Act 1983—

Power of Homes Victoria to write off outstanding rent"".

(12)In clause 7 of Schedule 2 to the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(13)In clause 8 of Schedule 2 to the Housing Act 1983—

(a)for "the Director" (where twice occurring) substitute "Homes Victoria";

(b)for "the Director's" (wherever occurring) substitute "Homes Victoria's".

(14)In clause 11 of Schedule 2 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(15)In clause 12 of Schedule 2 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(16)In clause 13 of Schedule 2 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(17)In clause 14 of Schedule 2 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(18)In clause 16 of Schedule 2 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(19)In clause 4(4)(b) of Schedule 2 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

45Consequential amendment of Schedule 5

(1)In the heading to Schedule 5 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(2)In clause 1 of Schedule 5 to the Housing Act 1983—

(a)in the definition of authorized officer, for "Director of Housing" substitute "Chief Executive Officer, Homes Victoria";

(b)insert the following definition—

"Homes Victoria's land means land vested in or held under lease by Homes Victoria, or land in which Homes Victoria has an interest under a licence;";

(c)in paragraph (a) of the definition of parking offence, for "the Director's" substitute "Homes Victoria's";

(d)the definition of the Director's land is repealed.

(3)In clause 2(1) of Schedule 5 to the Housing Act 1983—

(a)for "the Director" (wherever occurring) substitute "Homes Victoria";

(b)for "the Director's" (where twice occurring) substitute "Homes Victoria's".

(4)In clause 2(2) of Schedule 5 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(5)In clause 2(3) of Schedule 5 to the Housing Act 1983—

(a)for "the Director's" substitute "Homes Victoria's";

(b)for "the Director" substitute "Homes Victoria".

(6)In clause 3(1) of Schedule 5 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(7)In clause 3(4) of Schedule 5 to the Housing Act 1983, for "The Director" substitute "Homes Victoria".

(8)In clause 3(5) of Schedule 5 to the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director" substitute "Homes Victoria".

(9)In clause 5(4) of Schedule 5 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(10)In clause 6 of Schedule 5 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(11)In clause 8(1) of Schedule 5 to the Housing Act 1983—

(a)for "the Director's" (where twice occurring) substitute "Homes Victoria's";

(b)for "the Director" (wherever occurring) substitute "Homes Victoria".

(12)In clause 8(2) of Schedule 5 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

(13)In clause 8(3) of Schedule 5 to the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(14)In clause 8(4) of Schedule 5 to the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(15)In clause 8(6) of Schedule 5 to the Housing Act 1983, for "the Director" (wherever occurring) substitute "Homes Victoria".

(16)In clause 8(7) of Schedule 5 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(17)In clause 8(9) of Schedule 5 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

(18)Insert the following heading to clause 9 of Schedule 5 to the Housing Act 1983—

Immunity of Homes Victoria from suit"".

(19)In clause 9 of Schedule 5 to the Housing Act 1983—

(a)for "The Director" substitute "Homes Victoria";

(b)for "the Director's" substitute "Homes Victoria's".

46Consequential amendment of Schedule 6

In clause 6(1) of Schedule 6 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

47Consequential amendment of Schedule 7

In clause 2(4) of Schedule 7 to the Housing Act 1983, for "the Director" (where twice occurring) substitute "Homes Victoria".

48Consequential amendment of Schedule 8

In clause 3(2) of Schedule 8 to the Housing Act 1983, for "the Director" substitute "Homes Victoria".

Division 2—Transitional provisions

49New sections 146 to 149 inserted

After section 145 of the Housing Act 1983 insert—

'146   Advisory Board

(1)The person who was appointed Chair to the advisory committee "the Homes Victoria advisory board" under section 8(1) on 10 May 2021, on and after the commencement of Division 3 of Part II, is taken to be appointed as the Chair of the Advisory Board under section 11D on the terms and conditions of office determined by the Minister, unless the person resigns or is removed from the Advisory Board.

(2)The persons who were appointed members (other than the Chair) to the advisory committee "the Homes Victoria advisory board" under section 8(1) on 10 May 2021, on and after the commencement of Division 3 of Part II, are taken to be appointed as the members of the Advisory Board under section 11D on the terms and conditions of office determined by the Minister, unless the persons resign or are removed from the Advisory Board.

147Amendment of Land Titles Register

The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of any amendment made to this Act by the Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022.

148Construction of references to Director of Housing

Unless the context otherwise requires, on and from the amendment of section 9 by the Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, in an Act, a subordinate instrument or any other document—

(a)a reference to the Director, where the reference is to the body corporate under section 9(2), is taken to be a reference to Homes Victoria; and

(b)a reference to the Director of Housing, where the reference is to the body corporate under section 9(2), is taken to be a reference to Homes Victoria; and

(c)a reference to the Director or the Director of Housing, where the reference is to the person referred to in section 9(1), is taken to be a reference to the Chief Executive Officer, Homes Victoria.

149Change of names

(1)Homes Victoria is the same body as the Director despite the change of its name by the Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022 and no act, matter or thing is to be affected merely because of that change of name.

(2)Despite the change of name of the Director of Housing to the Chief Executive Officer, Homes Victoria by the Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022—

(a)the person referred to in section 9(1) and holding office immediately before that change of name continues to be employed in accordance with that subsection subject to the same terms and conditions as applied to that employment immediately before that change of name; and

(b)no act, matter or thing is to be affected merely because of that change of name.'.

Division 3—Consequential amendments to other Acts

50Building Act 1993

In section 25B(1)(d) of the Building Act 1993, for "the Director of Housing" substitute "Homes Victoria (within the meaning of section 4(1) of the Housing Act 1983)".

51Duties Act 2000

In section 52(c) of the Duties Act 2000, for "the Director of Housing" substitute "Homes Victoria (within the meaning of section 4(1) of the Housing Act 1983)".

52Estate Agents Act 1980—Definitions

In section 4(1) of the Estate Agents Act 1980 insert the following definition—

"Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;".

53Estate Agents Act 1980—Act not to apply to Government Departments etc.

In section 5(1) of the Estate Agents Act 1980—

(a)in paragraph (b), for "the Director of Housing" substitute "Homes Victoria";

(b)in paragraph (e), for "the Director of Housing" substitute "Homes Victoria".

54Fire Services Property Levy Act 2012

(1)In section 10(1) of the Fire Services Property Levy Act 2012—

(a)in paragraph (ba), for "the Director of Housing" substitute "Homes Victoria";

(b)in paragraph (bb), for "the Director of Housing" substitute "Homes Victoria".

(2)In section 10(2) of the Fire Services Property Levy Act 2012—

(a)the definition of Director of Housing is repealed;

(b)insert the following definition—

"Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;".

55First Home Owner Grant and Home Buyer Schemes Act 2000

For section 50(4)(ca)(iv) of the First Home Owner Grant and Home Buyer Schemes Act 2000 substitute—

"(iv)Homes Victoria; or".

56Land (Goonawarra Golf Course) Act 1988

In section 4(1) of the Land (Goonawarra Golf Course) Act 1988, for "The Director of Housing" substitute "Homes Victoria (within the meaning of section 4(1) of the Housing Act 1983)".

57Rooming House Operators Act 2016

In the note at the foot of section 7(2) of the Rooming House Operators Act 2016, for "the Director of Housing" substitute "Homes Victoria (within the meaning of section 4(1) of the Housing Act 1983)".

58Sale of Land Act 1962

In section 29WA(a)(i) of the Sale of Land Act 1962, for "Director of Housing" substitute "Chief Executive Officer, Homes Victoria".

59Treasury Corporation of Victoria Act 1992

(1)In section 36I of the Treasury Corporation of Victoria Act 1992—

(a)the definition of Director is repealed;

(b)insert the following definition—

"Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;".

(2)In section 36K(3) of the Treasury Corporation of Victoria Act 1992—

(a)in paragraph (a), for "the Director" (where twice occurring) substitute "Homes Victoria";

(b)in paragraph (b), for "the Director" (where twice occurring) substitute "Homes Victoria".

(3)In section 36K(4) of the Treasury Corporation of Victoria Act 1992, for "the Director" substitute "Homes Victoria".

(4)In section 36L(1)(b) of the Treasury Corporation of Victoria Act 1992, for "the Director" substitute "Homes Victoria".

(5)In section 36L(3) of the Treasury Corporation of Victoria Act 1992, for "the Director" substitute "Homes Victoria".

Part 6—Consequential amendment of Residential Tenancies Act 1997—Homes Victoria and Victorian Affordable Housing Programs

Division 1—Homes Victoria references

60Residential Tenancies Act 1997

(1)In section 3(1) of the Residential Tenancies Act 1997 insert the following definition—

"Homes Victoria means the body corporate established under section 9(2) of the Housing Act 1983;".

(2)In section 3(1) of the Residential Tenancies Act 1997, the definition of Director of Housing is repealed.

(3)In section 3(1) of the Residential Tenancies Act 1997, in the definition of rental rebate, for "the Director of Housing" substitute "Homes Victoria".

(4)In section 7(2) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(5)In section 7(3) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(6)In section 19(3) of the Residential Tenancies Act 1997, for "the Director of Housing" (where twice occurring) substitute "Homes Victoria".

(7)For section 30A(4)(a) of the Residential Tenancies Act 1997 substitute—

"(a)Homes Victoria or its agent;".

(8)In section 30A(5) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(9)In section 42(5A) of the Residential Tenancies Act 1997—

(a)for "the Director of Housing" substitute "Homes Victoria";

(b)for "the Director's" substitute "Homes Victoria's".

(10)In section 44(4B)(a) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(11)In the heading to section 57 of the Residential Tenancies Act 1997, for "Director of Housing" substitute "Homes Victoria".

(12)In section 57(1) of the Residential Tenancies Act 1997—

(a)for "The Director of Housing" substitute "Homes Victoria";

(b)for "the Director of Housing" substitute "Homes Victoria".

(13)In section 57(3A) of the Residential Tenancies Act 1997, for "the Director of Housing" (where twice occurring) substitute "Homes Victoria".

(14)In section 57(4A) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(15)In section 57(4B) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(16)In section 57(5) of the Residential Tenancies Act 1997—

(a)for "Director of Housing" substitute "Homes Victoria";

(b)for "the Director of Housing" substitute "Homes Victoria".

(17)In section 91ZB(1)(c) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(18)In section 91ZM(8) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(19)In section 91ZR(1) of the Residential Tenancies Act 1997—

(a)for "The Director of Housing" substitute "Homes Victoria";

(b)for "of which the Director of Housing is the residential rental provider" substitute "which are public housing".

(20)In section 91ZS(1) of the Residential Tenancies Act 1997—

(a)for "The Director of Housing" substitute "Homes Victoria";

(b)for "of which the Director of Housing is the residential rental provider" substitute "which are public housing".

(21)In section 91ZS(3) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(22)In section 91ZZF(1) of the Residential Tenancies Act 1997, for "the Director of Housing" (wherever occurring) substitute "Homes Victoria".

(23)In section 91ZZF(4) of the Residential Tenancies Act 1997, for "The Director of Housing" substitute "Homes Victoria".

(24)In section 94F(4)(a) of the Residential Tenancies Act 1997—

(a)for "the Director of Housing" substitute "Homes Victoria";

(b)for "the Director of Housing's" substitute "Homes Victoria's".

(25)In section 94F(5) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(26)In section 101(5B)(a) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(27)In the heading to section 109A of the Residential Tenancies Act 1997, for "Director of Housing" substitute "Homes Victoria".

(28)In section 109A of the Residential Tenancies Act 1997—

(a)in subsection (1), for "The Director of Housing" substitute "Homes Victoria";

(b)in subsection (3A), for "the Director of Housing" (where twice occurring) substitute "Homes Victoria";

(c)in subsection (3B), for "the Director of Housing" substitute "Homes Victoria";

(d)in subsection (3C), for "the Director of Housing" substitute "Homes Victoria";

(e)in subsection (4)—

(i)for "Director of Housing" substitute "Homes Victoria";

(ii)for "the Director of Housing" substitute "Homes Victoria".

(29)In section 142C(2)(h) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(30)In section 142ZF(3) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(31)In section 142ZN of the Residential Tenancies Act 1997—

(a)in subsection (1), for "the Director of Housing" (wherever occurring) substitute "Homes Victoria";

(b)in subsection (4), for "The Director of Housing" substitute "Homes Victoria".

(32)In section 207S(1)(c) of the Residential Tenancies Act 1997, for "the Director of Housing" substitute "Homes Victoria".

(33)In section 404 of the Residential Tenancies Act 1997—

(a)insert the following definition—

"Homes Victoria voucher means a voucher issued by Homes Victoria or an agent of Homes Victoria for payment of an amount of bond on behalf of a renter or site tenant;";

(b)the definition of Director of Housing voucher is repealed.

(34)In section 405(2) of the Residential Tenancies Act 1997, for "the Director of Housing" (where twice occurring) substitute "Homes Victoria".

(35)In section 407(1)(c) of the Residential Tenancies Act 1997, for "the Director of Housing" (wherever occurring) substitute "Homes Victoria".

(36)In section 410B of the Residential Tenancies Act 1997—

(a)in subsection (1)—

(i)for "the Director of Housing" (where twice occurring) substitute "Homes Victoria";

(ii)for "a Director of Housing" substitute "a Homes Victoria";

(b)for subsection (3)(c) substitute—

"(c)Homes Victoria.".

(37)In section 411A(3)(b) of the Residential Tenancies Act 1997, for "the Director of Housing" (where twice occurring) substitute "Homes Victoria".

(38)In the heading to section 411B of the Residential Tenancies Act 1997, for "Director of Housing" substitute "Homes Victoria".

(39)In section 411B of the Residential Tenancies Act 1997—

(a)in subsection (1)(a), for "the Director of Housing" (where twice occurring) substitute "Homes Victoria";

(b)in subsection (2), for "the Director of Housing" substitute "Homes Victoria";

(c)in subsection (4)—

(i)for "The Director of Housing" substitute "Homes Victoria";

(ii)for "the Director of Housing" substitute "Homes Victoria".

(40)In the heading to section 413 of the Residential Tenancies Act 1997, for "Director of Housing" substitute "Homes Victoria".

(41)In section 413(1) of the Residential Tenancies Act 1997, for "the Director of Housing" (where twice occurring) substitute "Homes Victoria".

(42)Insert the following heading to section 421 of the Residential Tenancies Act 1997—

"Bond paid by Homes Victoria".

(43)In section 421 of the Residential Tenancies Act 1997—

(a)in subsection (1)—

(i)for "The Director of Housing" substitute "Homes Victoria";

(ii)for "the Director of Housing" (where twice occurring) substitute "Homes Victoria";

(b)in subsection (3), for "the Director of Housing" (wherever occurring) substitute "Homes Victoria".

(44)In section 427(1)(ab) of the Residential Tenancies Act 1997, for "the Director of Housing" (where twice occurring) substitute "Homes Victoria".

(45)In section 431(cb) of the Residential Tenancies Act 1997, for "the Director of Housing" (where twice occurring) substitute "Homes Victoria".

(46)In section 479(3) of the Residential Tenancies Act 1997—

(a)for "The Director of Housing" substitute "Homes Victoria";

(b)for "the Director of Housing" (where twice occurring) substitute "Homes Victoria".

(47)After clause 8(9) of Schedule 1 to the Residential Tenancies Act 1997 insert—

"(10)On and from the commencement of section 60 of the Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, a reference to the Director of Housing in this clause includes a reference to Homes Victoria.".

Division 2—Victorian Affordable Housing Programs amendments

61Rent increases

In section 44(4B)(a) of the Residential Tenancies Act 1997 for "or a registered agency" substitute ", a registered agency or a provider of affordable housing under the Victorian Affordable Housing Programs".

62Section 57 amended

(1)In section 57(1) of the Residential Tenancies Act 1997—

(a)after "a registered housing agency" insert "or a provider of affordable housing under the Victorian Affordable Housing Programs";

(b)for "or the registered housing agency" substitute ", the registered housing agency or the provider of affordable housing under the Victorian Affordable Housing Programs".

(2)In section 57(3A) of the Residential Tenancies Act 1997—

(a)for "or a registered housing agency" substitute ", a registered housing agency or a provider of affordable housing under the Victorian Affordable Housing Programs";

(b)for "or the registered housing agency" substitute "the registered housing agency or the provider of affordable housing under the Victorian Affordable Housing Programs".

(3)In section 57(4A) of the Residential Tenancies Act 1997 for "or the registered housing agency" substitute ", the registered housing agency or the provider of affordable housing under the Victorian Affordable Housing Programs".

(4)In section 57(4B) of the Residential Tenancies Act 1997 for "or the registered housing agency" substitute ", the registered housing agency or the provider of affordable housing under the Victorian Affordable Housing Programs".

63Section 83 amended

(1)For the heading to section 83 of the Residential Tenancies Act 1997 substitute—

"Withholding consent in certain circumstances".

(2)For section 83(a) of the Residential Tenancies Act 1997 substitute—

"(a)the rented premises are public housing; and".

(3)At the end of section 83 of the Residential Tenancies Act 1997 insert—

"(2)For the purposes of this Division, it is not unreasonable for a residential rental provider to withhold consent to an assignment or sub‑letting of rented premises if—

(a)the rented premises are provided as affordable housing under the Victorian Affordable Housing Programs; and

(b)the ground for withholding that consent is that the assignment or sub-letting would disadvantage persons eligible for affordable housing under a relevant Victorian Affordable Housing Program.".

64Reduced period of notice of intention to vacate in certain circumstances

After section 91ZB(1)(c) of the Residential Tenancies Act 1997 insert—

"(ca)the rented premises are provided under the Victorian Affordable Housing Programs and the renter has found alternative accommodation and needs to vacate the premises to take up that accommodation; or".

65Non-payment of rent

After section 91ZM(8) of the Residential Tenancies Act 1997 insert—

"(9)For the purposes of this section, rent, in relation to a residential rental agreement for rented premises which are provided under the Victorian Affordable Housing Programs, is the amount payable to the residential rental provider by the renter to occupy those rented premises and use facilities or services less any applicable rebate under the relevant Victorian Affordable Housing Program.".

Part 7—Amendment of Social Services Regulation Act 2021 and Supported Residential Services (Private Proprietors) Act 2010

66Commencement amended

In section 2(2) of the Social Services Regulation Act 2021, for "31 December 2023" substitute "1 July 2024".

67New section 219 inserted

After section 218 of the Supported Residential Services (Private Proprietors) Act 2010 insert—

"219Saving of the Supported Residential Services (Private Proprietors) Regulations 2012

Despite section 5 of the Subordinate Legislation Act 1994, the Supported Residential Services (Private Proprietors) Regulations 2012 are taken to be in force until 1 July 2024 and continue in operation until that date and may be amended or revoked accordingly.".

Part 8—Repeal of this Act

68Repeal of this Act

This Act is repealed on 20 June 2024.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 23 June 2022

Legislative Council: 18 August 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Residential Tenancies Act 1997 in relation to rented premises which are public housing for which Homes Victoria is the residential rental provider, to amend the Housing Act 1983 and the Residential Tenancies Act 1997 in relation to the provision of affordable housing, to amend the Housing Act 1983 to provide for Homes Victoria, to extend the default commencement date of the Social Services Regulation Act 2021 and amend the Supported Residential Services (Private Proprietors) Act 2010 to extend the operation of expiring regulations under that Act, to consequentially amend other Acts and for other purposes."