Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2023‑24) Determination 2025

Administered by Department of the Treasury

Legislation au F2025L00708 In force Legislative Instrument

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EXPLANATORY STATEMENT

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

Federal Financial Relations Act 2009

Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2023-24) Determination 2025

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 2023-24) Determination 2025 (the Determination) is to specify the amounts to be paid to each state and territory for the 2023-24 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. Although the NHHA was replaced with the National Agreement on Social Housing and Homelessness from 1 July 2024, it is the relevant agreement for the purpose of the Determination. 

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 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 2023-24) Determination 2025

Section 1 – Name

This section provides that the name of the Determination is the Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2023-24) Determination 2025.

Section 2 – Commencement

This section provides 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 2023-24

This section sets out the amounts required to be paid by the Commonwealth in respect of the 2023-24 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 2023-24) Determination 2025

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 2023-24) Determination 2025 is to specify the amounts to be paid to each State and Territory for the 2023-24 financial year 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. 

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 to 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 the 2023-24 financial year 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 because it promotes the protection of human rights.

Overview

The Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2023-24) Determination 2025, enacted under the authority of the Federal Financial Relations Act 2009, serves to address the financial requirements of states and territories for addressing housing, homelessness, and housing affordability issues in the 2023-24 financial year. This legislative instrument specifies the amounts to be paid to each state and territory in accordance with the National Housing and Homelessness Agreement (NHHA) and related bilateral agreements. The determination ensures that the Commonwealth can provide the necessary financial support to states and territories to implement programs and reforms aimed at mitigating housing-related issues, thereby supporting the overarching policy objectives of the NHHA and the Intergovernmental Agreement on Federal Financial Relations. The amounts specified have been calculated to align with the NHHA, ensuring that the funding is distributed based on the agreed criteria and supports the agreed objectives. This determination is a legislative instrument that is not subject to disallowance or sunsetting, as it is integral to the intergovernmental scheme and the execution of agreements between the Commonwealth and the states and territories. It facilitates a structured and consistent approach to financial assistance for housing, homelessness, and housing affordability, ensuring that the states and territories can effectively deliver on their commitments under the relevant agreements. The determination also includes a Statement of Compatibility with Human Rights, confirming that the instrument supports the right to an adequate standard of living, including housing, as recognised in international human rights agreements.

Scope and Application

The Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2023-24) Determination 2025 applies to the Commonwealth Government and the states and territories of Australia. It specifies the financial payments the Commonwealth is required to make to each state and territory for the 2023-24 financial year in accordance with the National Housing and Homelessness Agreement and related bilateral agreements. These payments are intended to support housing, homelessness, and housing affordability programs and services. The Determination operates within the framework of the Federal Financial Relations Act 2009, ensuring that the Commonwealth's financial obligations under the Intergovernmental Agreement on Federal Financial Relations are met. The amounts specified are calculated in accordance with the National Housing and Homelessness Agreement, which was in effect until 30 June 2024. The instrument itself is not subject to disallowance or sunsetting under the Legislation Act 2003 due to its role in an intergovernmental scheme.

Key Provisions

The main operative sections of the Federal Financial Relations (Housing, Homelessness and Housing Affordability Payments for 2023-24) Determination 2025 (the Determination) specify the amounts to be paid to each state and territory for the 2023-24 financial year under the Federal Financial Relations Act 2009 (the Act) (Section 5). The Determination provides the necessary financial assistance for housing, homelessness, and housing affordability matters, as outlined in the National Housing and Homelessness Agreement (the NHHA) and related bilateral agreements. The amounts specified in the Determination have been calculated according to the NHHA (Section 4). The Act imposes obligations on the Commonwealth to make the specified payments to the states and territories, contingent on their compliance with the NHHA and the bilateral agreements. The states and territories must meet the agreed criteria to be eligible for the funding. The payments are made throughout the financial year based on estimates of each jurisdiction’s anticipated entitlement, with any adjustments occurring in the first practicable payment after the Determination is made (Section 5). The Determination ensures that the funding arrangements are transparent and that the states and territories receive the necessary support to deliver programs, services, and reforms in housing, homelessness, and housing affordability. The Determination does not explicitly outline specific offences or penalties for breach, as it is a mechanical instrument detailing financial assistance based on agreed criteria. However, any breach of the terms of the NHHA or related bilateral agreements could have implications for the eligibility and amount of payments received by the states and territories. The Determination, being part of an intergovernmental scheme, is not subject to disallowance or sunsetting under the Act and the Legislation Act 2003 (subsections 44(1) and 54(1)). The Determination commences the day after it is registered on the Federal Register of Legislation. The Statement of Compatibility with Human Rights, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, asserts that the Determination is compatible with the human rights and freedoms recognised in the international instruments. It supports the right to an adequate standard of living, including housing, by providing funding to the states and territories to deliver programs, services, and reforms in housing, homelessness, and housing affordability matters. The funding has been increased for the 2023-24 financial year in line with the Intergovernmental Agreement on Federal Financial Relations, the NHHA, and related bilateral agreements. The Determination concludes that it is compatible with human rights because it promotes the protection of human rights.

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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.