EXPLANATORY STATEMENT
Defence Housing (Performance of Additional Functions) Determination 2006
This Defence Housing (Performance of Additional Functions) Determination 2006, is made under subsection 6(4) of the Defence Housing Australia Act 1987 (the Act).
The provision of housing and housing-related services to the Australian Defence Force and the Department of Defence remains the first and primary responsibility of Defence Housing Australia (DHA), a body established by the Act.
The expanded capacity provided for in section 6 of the Act will enable DHA to compete in the market place to provide housing and housing-related services to other Commonwealth Government agencies as approved by the Minister. The purpose of subsection 6(1) of the Act is to allow DHA to expand its operations in order to promote the efficient use of DHA's housing stock and to enable the Commonwealth to benefit from DHA's expertise in the provision of housing and housing-related services. DHA will have greater scope in its operations which will assist the DHA to achieve its objectives as a government business enterprise. Subsection 6(4) of the Act permits the Minister to determine in writing, the extent to which DHA may perform the function in relation to, among other things, the persons to whom services can be provided.
Clause 1 of the Determination cites the Determination as the Defence Housing (Performance of Additional Functions) Determination 2006.
Clause 2 of the Determination specifies the commencement date as the day on which Schedule 1 to the Defence Housing Authority Amendment Act 2006 commences.
Clause 3 of the Determination provides that pursuant to subsection 6(4) of the Act, Defence Housing Australia, subject to the written determination of the Minister, may provide adequate and suitable housing and housing-related services to officers and employees of other Commonwealth agencies and their families, and to persons contracted to provide goods or services to other Commonwealth agencies and their families, in order to meet the operational needs of that agency. A Commonwealth agency is defined using the definition of agency under the Financial Management and Accountability Act 1997.
The Act specifies no conditions that need to be satisfied before the power to make the proposed determination may be exercised.
The proposed determination would be a legislative instrument for the purpose of the Legislative Instruments Act 2003 (LIA) but is not subject to the disallowance and sunsetting provisions of section 42 and Part 6 of the LIA.
The Office of Regulation Review, the Department of Finance and Administration and the Defence Housing Authority were consulted in the making of this determination.
Authority: Section 6 (4) of the Defence Housing Australia Act 1987
Overview
The Defence Housing (Performance of Additional Functions) Determination 2006 was enacted to facilitate the expansion of Defence Housing Australia's (DHA) operations beyond its primary responsibility of providing housing and housing-related services to the Australian Defence Force and the Department of Defence. This determination, made under subsection 6(4) of the Defence Housing Australia Act 1987, allows DHA to offer its services to other Commonwealth Government agencies, thereby promoting efficient use of its housing stock and enabling the Commonwealth to leverage DHA's expertise in housing and related services. The policy objective is to enhance DHA's operational scope, aiding in the achievement of its objectives as a government business enterprise. This determination was developed with consultation from the Office of Regulation Review, the Department of Finance and Administration, and DHA itself, ensuring a balanced approach to expanding the services provided by DHA.
Scope and Application
The Defence Housing (Performance of Additional Functions) Determination 2006, made under section 6(4) of the Defence Housing Australia Act 1987, allows Defence Housing Australia (DHA) to expand its operations beyond its primary responsibility of providing housing and housing-related services to the Australian Defence Force and the Department of Defence. This determination enables DHA to compete in the marketplace by offering these services to other Commonwealth Government agencies, as approved by the Minister. The primary aim of this expanded capacity is to promote the efficient use of DHA’s housing stock and to leverage DHA’s expertise for the benefit of the Commonwealth. DHA is authorised to provide suitable housing and related services to officers and employees of other Commonwealth agencies, their families, and persons contracted to provide goods or services to these agencies, meeting the operational needs specified by the Minister. This determination does not impose any conditions prior to the exercise of the power to make such determinations and is not subject to the disallowance and sunsetting provisions of the Legislative Instruments Act 2003. The determination was made with consultation from the Office of Regulation Review, the Department of Finance and Administration, and the Defence Housing Authority.
Key Provisions
The Defence Housing (Performance of Additional Functions) Determination 2006 primarily empowers Defence Housing Australia (DHA) to extend its services beyond the Australian Defence Force (ADF) and the Department of Defence. As stated in clause 3, subject to the written determination of the Minister, DHA can provide adequate and suitable housing and housing-related services to officers and employees of other Commonwealth agencies, as well as their families, and to persons contracted to provide goods or services to other Commonwealth agencies, also including their families (s. 3). This expanded scope is intended to promote the efficient use of DHA's housing stock and leverage DHA's expertise in housing services to benefit the broader Commonwealth (s. 6(1)).
The obligations imposed on DHA by this Determination include ensuring that the housing and related services provided meet the necessary standards of adequacy and suitability as required by the Minister's determination. Additionally, DHA must operate within the parameters set by the Defence Housing Australia Act 1987 and comply with any specific conditions or guidelines that the Minister may include in the written determination. The Determination itself does not specify any conditions that need to be satisfied before the power to make the determination may be exercised.
Any breach of the obligations under this Determination could result in consequences, although the Determination itself does not explicitly outline specific offences or penalties. The overarching Defence Housing Australia Act 1987 and other related legislation would provide the legal framework within which any breaches would be addressed. Given that the Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003, it is not subject to the disallowance and sunsetting provisions of section 42 and Part 6 of that Act. Therefore, while the specific consequences of non-compliance are not detailed in this Determination, the legal repercussions would likely be governed by the general provisions of the Defence Housing Australia Act 1987 and other applicable laws.