Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2022-23) Determination 2024

Administered by Department of the Treasury

Legislation au F2024L00547 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Competition, Charities and Treasury

Federal Financial Relations Act 2009

Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2022-23) Determination 2024

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 2022-23) Determination 2024 (the Determination) is to specify the amounts to be paid to each State and Territory for the 2022-23 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 subsections 44(1) and 54(1) of the Legislation Act 2003, 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.

A Policy Impact Analysis is not required as the Determination is machinery in nature.

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 2022-23) Determination 2024

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 2022-23) Determination 2024.

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 2022-23

 

This section sets out the amounts required to be paid by the Commonwealth in respect of the 2022-23 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 2022-23) Determination 2024

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 2022-23) Determination 2024 is to specify the amounts to be paid to each State and Territory for the 2022-23 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.

Total 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 2022-23 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 2022-23) Determination 2024 was enacted to address the need for clear and specific financial allocations to States and Territories to support housing, homelessness, and housing affordability initiatives for the 2022-23 financial year. This determination was issued under the authority of the Assistant Minister for Competition, Charities, and Treasury, pursuant to Subsection 15C(2) of the Federal Financial Relations Act 2009. The policy objective is to ensure that the Commonwealth's financial contributions are distributed in accordance with the National Housing and Homelessness Agreement (NHHA) and related bilateral agreements, thereby providing necessary funding to States and Territories to deliver housing-related programs and services. This legislative instrument aims to facilitate the implementation of the NHHA by specifying the exact amounts to be paid to each State and Territory, ensuring that these payments are aligned with the agreed criteria and funding arrangements.

Scope and Application

The Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2022-23) Determination 2024 applies to the Commonwealth of Australia and the States and Territories, specifically providing financial assistance to these entities for specified housing-related initiatives. This assistance is given in accordance with the Intergovernmental Agreement on Federal Financial Relations (IGA) and the National Housing and Homelessness Agreement (NHHA), as well as related bilateral agreements between the Commonwealth and each State and Territory. The amounts specified for payment are calculated based on these agreements and are intended to support the States and Territories in delivering programs, services and reforms aimed at addressing housing, homelessness and housing affordability issues. The Determination is applicable across the entire Commonwealth and all States and Territories, reflecting a coordinated approach to addressing these critical areas. Notably, the Determination does not include any exclusions, exemptions, or thresholds, and its application is direct, based on the fulfilment of agreed criteria by the respective jurisdictions. Any further implementation details or adjustments are to be made through the specified agreements, with ongoing consultation ensuring the relevance and effectiveness of the funding provided.

Key Provisions

The Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2022-23) Determination 2024 (the Determination) specifies the amounts to be paid to each State and Territory for the 2022-23 financial year, pursuant to subsection 15C(2) of the Federal Financial Relations Act 2009 (the Act) (s 5). These payments are intended to support housing, homelessness, and housing affordability initiatives. The amounts have been calculated in accordance with the National Housing and Homelessness Agreement (the NHHA) and related bilateral agreements between the Commonwealth and each of the States and Territories (s 5). Payments are made throughout the financial year based on estimated entitlements, with any adjustments made in subsequent payments after the Determination is finalised (s 5). The Determination imposes certain obligations on the Commonwealth and the States and Territories. The Commonwealth is required to make the specified payments to each State and Territory as outlined in the Determination (s 5). In turn, the States and Territories must ensure they meet the conditions stipulated in the NHHA and related bilateral agreements to be eligible for these payments (s 5). This includes delivering programs, services, and reforms in line with the agreed criteria for housing, homelessness, and housing affordability matters. Failure to comply with the requirements of the Determination may result in legal consequences. However, the Determination itself does not specify any explicit offences or penalties for non-compliance. The primary mechanism for ensuring compliance lies in the conditions set out in the NHHA and related bilateral agreements, which include the eligibility criteria for receiving Commonwealth funding. Non-compliance with these agreements could potentially lead to the withholding of payments or other administrative actions as outlined in the agreements. The Determination does not outline specific offences or penalties within its text; rather, it operates within the framework of the NHHA and related agreements. These agreements may include provisions for non-compliance, such as the withholding of payments or other corrective measures. Given that the Determination is part of an intergovernmental scheme, the primary enforcement mechanisms would be those defined within the NHHA and bilateral agreements. It is important to note that the Determination itself is not subject to disallowance or sunsetting under the Legislation Act 2003 as it is part of an intergovernmental agreement (s 44(1) and 54(1)).

Legal classification tags

Area of Law
Federal Financial Relations
Instrument
Determination
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Enforcement Powers
Catchwords
Financial Assistance
Intergovernmental Agreements

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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.