Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022

Administered by Department of the Treasury

Legislation au F2022L00190 In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing

Federal Financial Relations Act 2009

Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022

Subsection 15C(2) of the Federal Financial Relations Act 2009 (the Act) provides that the Minister may determine that an amount specified in the determination is to be paid to a State, the Australian Capital Territory or the Northern Territory (States and Territories) for the purpose of making a grant of financial assistance for the purpose of expenditure in accordance with an agreement between the Commonwealth and one or more States and Territories, relating to housing, homelessness or housing affordability.

The purpose of the Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022 (the Determination) is to specify the amounts to be paid to each State and Territory for the 2020-21 financial year.

Under the Intergovernmental Agreement on Federal Financial Relations (the IGA) and the Act, the Commonwealth provides payments to support the States and Territories to deliver programs, services and reforms with respect to a number of subject matters, including (but not limited to) housing, homelessness and housing affordability matters. The details of the funding arrangements and the conditions the States and Territories must meet to receive Commonwealth funding are set out in the National Housing and Homelessness Agreement (the NHHA) and in related bilateral agreements between the Commonwealth and each of the States and Territories.

The amounts specified in the Determination to be paid to each State and Territory have been calculated in accordance with the NHHA.

Advance payments relating to housing, homelessness or housing affordability are made throughout the financial year based on estimates of each jurisdiction’s anticipated entitlement for that year. Any adjustment between the advances paid to a jurisdiction and the jurisdiction’s determined entitlement is made in the first practicable payment after the Determination is made.

The IGA and the NHHA were subject to extensive consultation with the States and Territories and were signed by all jurisdictions. Both agreements are publicly available on the website of the Council on Federal Financial Relations. Ongoing consultation with the States and Territories on federal financial relations occurs regularly.

Details of the Determination are set out in Attachment A.

The Determination is a legislative instrument for the purposes of the Legislation Act 2003. In accordance with the Act, the Determination is not subject to disallowance or sunsetting under the Act and the Legislation Act 2003 on the grounds that the instrument is part of an intergovernmental scheme and gives effect to agreements between the Commonwealth and each of the States, the Australian Capital Territory and the Northern Territory.  The instrument’s operation is effectively mechanical in that it simply details financial assistance to be provided to a State or Territory based on that State or Territory having satisfied the necessary agreed criteria.

The Determination commences the day after it is registered on the Federal Register of Legislation.

A statement of Compatibility with Human Rights is at Attachment B.

ATTACHMENT A

Details of the Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022

This Attachment sets out further details of the Determination.

Section 1 – Name

This section specifies the name of the Determination is the Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022.

Section 2 – Commencement

This section prescribes that the Determination commences the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Determination is made under the Federal Financial Relations Act 2009.

Section 4 – Definitions

This section provides definitions for the purposes of the Determination.

Section 5 – Housing, homelessness and housing affordability payments for 2020-21

This section sets out the amounts required to be paid by the Commonwealth in respect of the 2020-21 financial year to each State and Territory in accordance with the National Housing and Homelessness Agreement and in related bilateral agreements between the Commonwealth and each of the States and Territories.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022 is to specify the amounts to the paid to each State and Territory for the 2020-21 financial year for the purpose expenditure in accordance with an agreement between the Commonwealth and one or more States and Territories, relating to housing, homelessness or housing affordability.

Human rights implications

This Legislative Instrument engages the right to an adequate standard of living, including housing, as referred to in Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (done at New York on 16 December 1966 ([1976] ATS 5)).

This Instrument supports the right to adequate housing by providing funding to support the States and Territories to deliver programs, services and reforms with respect housing, homelessness and housing affordability matters.

Commonwealth funding in support of the States’ and Territories’ delivery of programs, services and reforms with respect to housing, homelessness and housing affordability matters has been increased for 2020-21 in line with the Intergovernmental Agreement on Federal Financial Relations, the National Housing and Homelessness Agreement and in related bilateral agreements between the Commonwealth and each of the States and Territories.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022 was enacted to address the financial assistance needs of states and territories in addressing housing, homelessness, and housing affordability matters, as specified in the Federal Financial Relations Act 2009. The determination was issued under the authority of the Assistant Treasurer, Minister for Housing and Minister for Homelessness, Social and Community Housing. The primary policy objective of this determination is to allocate specific amounts of funding to each state and territory for the 2020-21 financial year, in accordance with the National Housing and Homelessness Agreement (NHHA) and related bilateral agreements. This funding is intended to support the delivery of programs, services, and reforms aimed at improving housing, homelessness, and housing affordability outcomes across Australia. The determination is part of an intergovernmental scheme and is not subject to disallowance or sunsetting, reflecting the collaborative nature of these arrangements between the Commonwealth and the states and territories.

Scope and Application

The Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022, made under subsection 15C(2) of the Federal Financial Relations Act 2009, specifies the financial assistance to be paid to each State and Territory for the 2020-21 financial year. The Act applies to the States and Territories of Australia, the Australian Capital Territory, and the Northern Territory, providing payments for housing, homelessness, and housing affordability programs in accordance with agreements between the Commonwealth and these jurisdictions. The amounts specified in the Determination are calculated in accordance with the National Housing and Homelessness Agreement and related bilateral agreements, ensuring that each jurisdiction meets certain criteria to receive funding. The payments are made throughout the financial year based on estimated entitlements, with any adjustments made in subsequent payments after the Determination is made. The Determination is not subject to disallowance or sunsetting, reflecting its role in implementing intergovernmental agreements. The instrument is compatible with human rights, particularly the right to an adequate standard of living as recognised under international covenants, by supporting housing, homelessness, and housing affordability initiatives across Australia.

Key Provisions

The Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2020-21) Determination 2022 specifies the amounts to be paid by the Commonwealth to the States and Territories for the 2020-21 financial year, in line with the provisions of the Federal Financial Relations Act 2009 (section 15C(2)) and the National Housing and Homelessness Agreement (NHHA). This determination is crucial as it details the financial assistance to be provided to each State and Territory, based on their meeting the criteria set forth in the NHHA and related bilateral agreements (section 5). The amounts calculated and specified are in accordance with these agreements, ensuring that funding is distributed in a manner that reflects the agreed-upon responsibilities and requirements. The obligations imposed by this Determination include the requirement for the Commonwealth to make payments to each State and Territory as specified. These payments are to be made in accordance with the terms of the NHHA and related bilateral agreements, which outline the conditions under which the funding is provided (section 4). The States and Territories must meet certain criteria and adhere to the conditions set out in these agreements to be eligible for the payments. This ensures that the funding is used for the intended purposes of supporting housing, homelessness, and housing affordability initiatives. Breach of the obligations outlined in the Determination can lead to civil or administrative consequences. The Determination itself does not explicitly outline penalties for non-compliance; however, failure to meet the conditions of the NHHA or related agreements could result in the withholding of further payments or other actions as stipulated in these agreements. It is important for all parties to comply with the terms to ensure the continued flow of funding and to uphold the objectives of the intergovernmental agreements.

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Statutory Instrument
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Definitions & Interpretation
Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.