EXPLANATORY STATEMENT
Housing Assistance (Form of Agreement) Determination 2003
The Housing Assistance Act 1996 (the Act) authorises the Commonwealth to formulate and enter into Commonwealth State Housing Agreements with the States and Territories with the intention and purpose of providing housing assistance so that people may achieve housing that is affordable, secure and appropriate to their needs.
Subsection 5(1) of the Act enables the Minister to determine, by disallowable instrument, a form of agreement dealing with the provision of housing assistance and lists matters which must be dealt with in the form of agreement. Once the instrument is in force, section 6 of the Act enables the Commonwealth to enter into agreements with the States and Territories substantially in accordance with the form of agreement.
Where such an agreement is in force between the Commonwealth and a State or Territory, section 7 of the Act enables the Minister to authorise payments to the State or Territory, by way of financial assistance, in accordance with that agreement.
The Minister for Family and Community Services, acting under subsection 5(1) of the Act, determined the form of agreement. The Minister's determination revoked the Housing Assistance (Form of Agreement) Determination 1999 made on 29 June 1999.
The Minister's determination commenced on gazettal.
Overview
The Housing Assistance (Form of Agreement) Determination 2003 was enacted to provide a standardised form of agreement for Commonwealth State Housing Agreements under the Housing Assistance Act 1996. The Act itself was established to facilitate the provision of housing assistance aimed at ensuring that people have access to housing that is affordable, secure, and appropriate to their needs. This determination was formulated by the Minister for Family and Community Services, pursuant to the authority granted under subsection 5(1) of the Act, and it replaced the previous Housing Assistance (Form of Agreement) Determination 1999. The primary objective of this determination is to streamline the process of entering into housing assistance agreements between the Commonwealth and the States and Territories, thereby ensuring a uniform approach to the distribution of housing assistance across Australia.
Scope and Application
The Housing Assistance (Form of Agreement) Determination 2003 applies to the Commonwealth of Australia, the States and Territories, and any entities or persons engaged in the provision of housing assistance under the Housing Assistance Act 1996. This determination establishes the form of agreement that must be used when the Commonwealth enters into Commonwealth-State Housing Agreements for the provision of housing assistance. These agreements aim to provide housing that is affordable, secure, and appropriate to the needs of the people. The application of this determination extends to all jurisdictions within Australia as it pertains to agreements between the Commonwealth and each State or Territory. Once a Commonwealth-State Housing Agreement is in force, the Minister for Family and Community Services can authorise payments to the respective State or Territory as financial assistance in accordance with the agreement. Notably, this determination revokes the previous Housing Assistance (Form of Agreement) Determination 1999, ensuring that all current agreements adhere to the latest legislative requirements.
Key Provisions
The Housing Assistance (Form of Agreement) Determination 2003 (the Determination) outlines the specific form of agreement for the provision of housing assistance under the Housing Assistance Act 1996. This Determination, pursuant to subsection 5(1) of the Act, establishes the requirements that must be included in the agreement between the Commonwealth and the States or Territories. It ensures that all agreements for housing assistance are structured in a consistent and comprehensive manner to meet the objectives of the Act. The key provisions of the Determination are detailed in the operative sections of the instrument, which are mandatory for any agreement formed under the Act.
The Determination imposes several obligations on the parties involved. Firstly, it requires that any agreement for housing assistance must comply with the form prescribed by the Determination. This includes ensuring that the agreement addresses all the specified matters listed in subsection 5(1) of the Act. These matters typically encompass the terms of financial assistance, the responsibilities of each party, the criteria for eligibility, and the mechanisms for monitoring and reporting on the use of funds. Furthermore, the Determination mandates that all agreements must be substantially in accordance with the prescribed form to be valid and enforceable under the Act.
Breaching the requirements set forth in the Determination can lead to significant consequences. While the Determination itself does not explicitly list offences or penalties, the Housing Assistance Act 1996 provides the framework for enforcement. For example, if a State or Territory fails to adhere to the terms of the agreement, the Commonwealth may withhold payments or take other remedial actions. Additionally, any party found to be in breach of the agreement may face legal consequences, such as enforcement actions or litigation. The severity of these consequences can vary depending on the nature and extent of the breach, but they are designed to ensure compliance with the objectives of the Act.