Housing Australia Future Fund (Treasury) Amendment (Measures No. 1) Delegations 2025

Overview

The Housing Australia Future Fund (Treasury) Amendment (Measures No. 1) Delegations 2025 was enacted to address the need for efficient delegation of functions and powers within the Treasury and the Department of Social Services in relation to the management and administration of grants under the Housing Australia Future Fund Act 2023. This notifiable instrument was introduced by Clare O’Neil, the Minister for Housing, Minister for Homelessness, and Minister for Cities, and made under the authority of the said Act. The overarching policy objective is to streamline the grant-making process, ensuring that financial assistance for acute housing needs, social housing, and affordable housing is delivered effectively and in accordance with the decisions of the Housing Minister. By delegating these functions to specific officials within the Treasury and the Department of Social Services, the instrument aims to enhance the operational efficiency and accountability of the grant administration process. The delegations outlined in the instrument empower the Secretary, Deputy Secretaries, and Senior Executive Service (SES) employees within the Treasury, as well as the Secretary and SES employees with responsibility for making grants in relation to acute housing needs within the Department of Social Services, to exercise the Housing Minister’s functions and powers concerning grants, subject to certain conditions. These conditions include ensuring that the grants are decided upon by the Housing Minister and requested to be transferred to the Housing Australia Future Fund Payments Special Account. The delegations are designed to facilitate the smooth operation of the grant administration process while maintaining alignment with broader policy directives and compliance with relevant legislative requirements.

Scope and Application

The Housing Australia Future Fund (Treasury) Amendment (Measures No. 1) Delegations 2025 pertains to the delegation of functions and powers under the Housing Australia Future Fund Act 2023. This Act applies to the Minister for Housing, Minister for Homelessness, and Minister for Cities, specifically Clare O'Neil, who is tasked with managing the delegations. The authority for these delegations emanates from the Housing Australia Future Fund Act 2023, which pertains to the management and distribution of funds aimed at addressing acute housing needs, social housing, and affordable housing. The geographic and jurisdictional reach of this Act is nationwide, as it involves the Commonwealth and its agencies, including the Department of Social Services and the Treasury. The delegations extend to officials within the Treasury and the Department of Social Services, particularly those in positions such as the Secretary, Deputy Secretary, and Senior Executive Service (SES) employees with relevant expertise. The Act does not specify any exclusions or exemptions but rather focuses on streamlining the delegation of powers to ensure efficient grant administration for housing needs. This delegation instrument further refines the application of the Act through subordinate instruments by clearly outlining the roles and responsibilities of designated officials in the Treasury and the Department of Social Services.

Key Provisions

The Housing Australia Future Fund (Treasury) Amendment (Measures No. 1) Delegations 2025, made by Clare O’Neil as Minister for Housing, Minister for Homelessness, and Minister for Cities, primarily deals with delegations of functions and powers under the Housing Australia Future Fund Act 2023. The instrument (Schedule 1) repeals the Housing Australia Future Fund (Housing Minister to officials of the Department of Social Services) Delegation 2025, which was not registered on the Federal Register of Legislation. It also amends the Housing Australia Future Fund (Treasury) Delegations 2024 by inserting new delegations after section 6. These delegations allow certain officials in the Treasury and the Department of Social Services to exercise the Housing Minister’s functions and powers under Division 2 of Part 3 of the Act, which relates to grants for acute housing needs, social housing, and affordable housing. The obligations imposed by the instrument require that the specified delegations be exercised in a manner consistent with several conditions. Firstly, a grant of financial assistance may only be provided if the Housing Minister has decided that the grant should be made and has requested the Finance Minister to transfer the specified amount to the Housing Australia Future Fund Payments Special Account under subsection 26(1) of the Act. Secondly, the specified amount must have been credited to the Housing Australia Future Fund Payments Special Account under subsection 26(4) of the Act, and an amount for the grant must not have been debited from the account under subsection 26(8) of the Act. Additionally, the delegate must have delegated authority under the Public Governance, Performance and Accountability Act 2013 to make the grant up to the amount of the grant. For delegates in the Department of Social Services, compliance with the Partnership Agreement between the Community Grants Hub and the Treasury is also required. The instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given that the delegations concern the administration of financial assistance and compliance with specific legislative conditions, any failure to adhere to these conditions could potentially lead to administrative or legal consequences under other relevant legislation, such as the Public Governance, Performance and Accountability Act 2013. While specific penalties are not detailed within this instrument, breaches of related conditions in other Acts could result in disciplinary actions, financial penalties, or other legal repercussions as prescribed by those Acts.