EXPLANATORY STATEMENT

Issued by authority of the Minister for Housing, Homelessness and Cities

Housing Australia Act 2018

Housing Australia Investment Mandate Amendment (2026 Measures No. 4) Direction 2026

Subsection 12(1) of the Housing Australia Act 2018 (“Act”) provides that the Minister may, by legislative instrument, give the Board of Housing Australia directions about the performance of Housing Australia’s functions. The Board is subject to the requirements of the Act, the Housing Australia Investment Mandate Direction 2018 (“Investment Mandate”) which constitutes the directions made under subsection 12(1), the Help to Buy Act 2024 (“HTB Act”), and the Help to Buy Program Directions 2025.

The Act established Housing Australia to improve housing outcomes for Australians.  Housing Australia (previously the National Housing Finance and Investment Corporation) commenced operation on 30 June 2018. It is a corporate Commonwealth entity in the Treasury portfolio and is governed by an independent board. The Board is subject to the requirements of the Act, the Investment Mandate, and other relevant legislation.

Housing Australia improves housing outcomes for Australians through its guarantee, financing and capacity building functions under the Act. Housing Australia operates the Housing Australia Future Fund Facility (“HAFFF”), the National Housing Accord Facility (“NHAF”), the National Housing Infrastructure Facility (“NHIF”), and the Affordable Housing Bond Aggregator (“AHBA”) as part of its financing function.

Housing Australia provides support for capacity building of eligible registered community housing providers (“CHPs”) through its capacity building function and administers the Home Guarantee Scheme as part of its guarantee function. Housing Australia has other functions conferred by legislation, such as Help to Buy functions under the HTB Act.

The HAFFF and the NHAF were established on 8 December 2023. They are important facilities through which Housing Australia supports the Government’s commitment to deliver 40,000 new social and affordable dwellings. Housing Australia now delivers these dwellings under the name Housing Australia Future Fund (HAFF) Social and Affordable. The NHIF was established in 2018 to provide finance for critical housing-enabling infrastructure. In 2022, the Facility was expanded to support financing for social and affordable housing projects, including crisis and transitional housing projects.

The Housing Australia Investment Mandate Amendment (2026 Measures No. 4) Direction 2026 (“Instrument”) supports the Government’s commitments to improve housing outcomes for Aboriginal and Torres Strait Islander people as part of Round 3 of the HAFF into the future. In this Statement, Aboriginal and Torres Strait Islander people will also be referred to as First Nations people.

In particular, the Instrument:

•                 Embeds an expectation that Housing Australia take all reasonable steps in performing its financing and capacity building functions to improve First Nations housing outcomes and support the Government to achieve its commitments under the National Agreement on Closing the Gap;

•                 Requires regular reporting about First Nations housing outcomes;

•                 Establishes a concierge service within Housing Australia to provide advice and other assistance to Aboriginal and Torres Strait Islander housing organisations to support them access financing for the purpose of improving housing outcomes for Aboriginal and Torres Strait Islander people; and

•                 Provides $600 million in dedicated availability payment funding for projects delivered by or in genuine partnership with Aboriginal and Torres Strait Islander housing organisations.

These amendments are designed to ensure Housing Australia is better able to support and provide finance to Aboriginal and Torres Strait Islander housing organisations. This will deliver improved First Nations housing outcomes in line with the Government’s commitments under the National Agreement on Closing the Gap. These amendments also support the cultural capability of Housing Australia as an organisation in supporting First Nations housing outcomes and embedding the Closing the Gap priorities at the heart of the Government's housing agenda.

Targeted consultation took place with the Housing Policy Partnership, the National Indigenous Australians Agency and Housing Australia in development of the Instrument.

The Act does not specify any conditions that need to be satisfied before the power to make the Instrument may be exercised.

The Instrument is a legislative instrument for the purposes of the Legislation Act 2003 (“Legislation Act”). As a direction made by a Minister to a person or body, the Instrument is exempt from sunsetting and from disallowance. The sunsetting exemption is pursuant to paragraph 54(2)(b) of the Legislation Act and item 3 of the table in section 11 of the Legislation (Exemptions and Other Matters) Regulation 2015 (“Legislation Exemptions Regulation”). The disallowance exemption is pursuant to section 42 of the Legislation Act and item 2 of the table in section 9 of the Legislation Exemptions Regulation. Accordingly, no statement of compatibility with human rights is required under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

The Instrument is subject to the automatic repeal process under section 48A of the Legislation Act. This section provides that where a legislative instrument only repeals or amends another instrument, without making any application, saving or transitional provisions relating to the amendment or repeal, that instrument is automatically repealed. By virtue of subparagraph 48A(2)(a)(i), the Instrument is automatically repealed on the day after the commencement of the Instrument that results in the amendment of the Investment Mandate.

The Instrument commenced the later of the day after registration and immediately after the commencement of the Housing Australia Investment Mandate Amendment (2026 Measures No. 3) Direction 2026.

Details of the Instrument are set out in Attachment A.

ATTACHMENT A

Details of the Housing Australia Investment Mandate Amendment (2026 Measures No. 4) Direction 2026

Section 1 – Name

This section provides that the name of the instrument is the Housing Australia Investment Mandate Amendment (2026 Measures No. 4) Direction 2026 (“Instrument”).

Section 2 – Commencement

The Instrument commenced the later of the day after registration on the Federal Register of Legislation and immediately after the commencement of the Housing Australia Investment Mandate Amendment (2026 Measures No. 3) Direction 2026 (“2026 Measures No. 3 Direction”). The 2026 Measures No. 3 Direction also makes amendments to the Housing Australia Investment Mandate Direction 2018 (“Investment Mandate”), incidental to Round 3 of the Housing Australia Future Fund, on which the Instrument depends. Contingent commencement therefore ensures amendments to the Investment Mandate are made in the correct sequence.

As the 2026 Measures No.3 Direction commenced on 1 July 2026, the Instrument commenced the day after its registration (as the later date).

Section 3 – Authority

The Instrument is made under the Housing Australia Act 2018 (“Act”).

Section 4 – Schedules

This section provides that each instrument that is specified in the Schedules to this instrument is amended or repealed as set out in the applicable items in the Schedules, and any other item in the Schedules to this instrument has effect according to its terms.

Schedule 1 – Amendments

Legislative references are to the Housing Australia Investment Mandate Direction 2018 (“Investment Mandate”) unless otherwise specified.

Supporting outcomes under the National Agreement on Closing the Gap

Division 1 of Part 2 of the Investment Mandate sets out the activities Housing Australia must carry out under the Act.

Item 3 of Schedule 1 to the Instrument inserts new section 10AB into Division 1, which embeds the expectation that Housing Australia take all reasonable steps to support the Government to achieve the objective and outcomes of the National Agreement on Closing the Gap in administering facilities and performing its financing and capacity building functions, relating respectively to loans and grants to certain entities as well as providing business advisory and capacity building services, for the purpose of improving housing outcomes. New section 10AB does not apply to the Home Guarantee Scheme (now administered as the 5% Deposit Scheme) or Housing Australia’s Help to Buy functions.

An explanatory note sets out some relevant commitments and outcomes under the National Agreement on Closing the Gap, as in force at the time the Instrument commenced, specifically:

•                 the commitment to building strong Aboriginal and Torres Strait Islander community-controlled sectors and organisations (Priority Reform Two);

•                 the commitment to transforming government organisations to be culturally safe and responsive to the needs of Aboriginal and Torres Strait Islander people, including through the services they fund (Priority Reform Three); and

•                 the outcome that Aboriginal and Torres Strait Islander people secure appropriate, affordable housing that is aligned with their priorities and needs (Outcome 9).

The obligation is not limited to these commitments and outcomes. However, section 10AB is limited by the specific provision that Housing Australia needs to take reasonable steps to support the Government to achieve its objectives, and the other limits on Housing Australia’s constitution and functions and its exercise of those functions set by the legislative framework.

Item 1 introduces a definition of the “National Agreement on Closing the Gap” into section 4 of the Investment Mandate. The National Agreement on Closing the Gap is defined to mean the Agreement between the Commonwealth, State and Territory governments, the Australian Local Government Association and the Coalition of Aboriginal and Torres Strait Islander Peak Organisations, in effect from 27 July 2020, as in force upon commencement of the Instrument. A Note to the definition clarifies that this Agreement was available, as at commencement, at www.closingthegap.gov.au.

The Instrument also relies on the definition of an “Aboriginal and Torres Strait Islander housing organisation”, which was consulted on as part of an exposure draft of this Instrument but was inserted into the Investment Mandate by the 2026 Measures No. 3 Direction. An Aboriginal and Torres Strait Islander housing organisation is either:

•                 a registered charity whose primary purpose is improving, directly or indirectly, housing outcomes for Aboriginal and Torres Strait Islander people under paragraph 28F(1)(g); or

•                 a Housing Australia Future Fund Facility special purpose vehicle (“SPV”), at least one member of which is such a registered charity (under paragraph 28F(1)(g)).

This definition draws on the broader framework, language and scope of the Act and other provisions in the Investment Mandate for consistency and to support smooth interaction with relevant provisions, most obviously by aligning with the existing description of such an entity within paragraph 28F(1)(g) of the Investment Mandate.

The definition is intended to be broad and inclusive of the various providers that make up the First Nations housing sector, including community-controlled organisations and First Nations-led organisations. This approach ensures that organisations which provide a range of other services to communities in addition to First Nations housing, such as health organisations, are not excluded.

The definition requires the organisation to be a registered charity – but it does not require the entity to be registered with a recognised state or territory regulatory scheme for community housing providers. The requirement to be a registered charity reflects existing requirements under the relevant facilities and is consistent with eligibility for all types of applicants (except for various State and Territory bodies) for all HAFFF, NHAF and NHIF financing programs. The regulatory obligations on and oversight of charities provides additional security that the funding will broadly remain used in ways consistent with charitable purposes, within existing legislative frameworks, over the long-term.

The inclusion of SPVs in the second limb of the definition also ensures amendments to improve governance and involvement of underlying members of SPVs for the purposes of funded projects, made by the 2026 Measures No. 3 Direction, apply to Aboriginal and Torres Strait Islander housing organisations. These amendments also relate to those made by this instrument prioritising projects that work in genuine partnership with First Nations housing organisations for certain purposes.

New reporting requirements on First Nations housing outcomes

As part of its broader reporting on outcomes of programs and facilities it administers, Housing Australia prepares quarterly reports to the Housing Minister. Specifically, for the National Housing Infrastructure Facility (“NHIF”) under section 28A, the Housing Australia Future Fund Facility (“HAFFF”) under section 28L, and the National Housing Accord Facility (“NHAF”) under section 28Y.

These requirements are amended to capture new information in relation to housing outcomes for First Nations people. This will improve transparency and reporting of outcomes to better monitor progress towards meeting the Government's commitments under the National Agreement on Closing the Gap. They also assist the Minister and the Government to track delivery of the Government’s introduction of a 10% First Nations tenancy target for social housing as part of HAFF Round 3.

The new requirements broadly require Housing Australia to report on:

•                 the number of projects delivered by or in partnership with Aboriginal and Torres Strait Islander housing organisations and the total amount of financing provided to them;

•                 the number of projects that provide housing for Aboriginal and Torres Strait Islander people and the total financing provided for them; and

•                 the number of dwellings provided, or to be provided, to Aboriginal and Torres Strait Islander people, including as a percentage of total dwellings provided.

Housing Australia is required to publish (subject to commercial confidentiality) certain project-specific information about approved projects under subsection 32(2) within 6 months of making a financing decision, that may relate to the above information. Housing Australia also reports on housing outcomes (including for Aboriginal and Torres Strait Islander people) and the progress of facilities it delivers through its Annual Report.

Quarterly NHIF reports

Item 4 of the Instrument amends section 28A of the Investment Mandate to add requirements to report quarterly on housing outcomes for Aboriginal and Torres Strait Islander people.

Subsection 28A(1) provides that Housing Australia must report to the Minister on its activities under the NHIF as soon as practicable after the end of the 3 months starting on 1 January 2023 and each successive 3 months. Subsection 28A(2) then requires these reports to specifically include information about:

•                 the project proponent of the project;

•                 the location of the project;

•                 the types of persons that would be assisted by the project;

•                 the relative amounts of crisis and transitional housing, social housing (other than crisis and transitional housing), affordable housing, other housing, and combinations thereof, that would be provided by the project as relevant;

•                 information about the financing provided to the project under the NHIF; and

•                 the expected completion date of the project.

Item 4 of the Instrument inserts a new subsection (3) with a requirement that, where Aboriginal and Torres Strait Islander people would be assisted by social or affordable housing projects that Housing Australia decided, during the 3 months, to finance under the NHIF, the report must also set out:

•                 the number of projects that would be delivered by, or in partnership with, Aboriginal and Torres Strait Islander housing organisations, and the total amount of finance under the NHIF provided for them;

•                 the number of projects that would provide housing for Aboriginal and Torres Strait Islander people and the total amount of finance under the NHIF that would be provided for these projects; and

•                 the amount of social or affordable housing that would be provided to Aboriginal and Torres Strait Islander people and that amount expressed as a percentage of the total amount of housing that would be provided under social or affordable housing projects in the 3 month period.

As this information is confined to social or affordable housing projects (which includes crisis and transitional housing projects: subsection 22(4)), the above information need not relate to housing-enabling infrastructure.

Quarterly HAFFF reports

Item 5 of the Instrument amends subsection 28L(2) of the Investment Mandate, which prescribes quarterly reporting requirements in relation to the HAFFF. The amendments also reorder subparagraphs of subsection 28L(2) for clarity and add new requirements to report on housing outcomes for Aboriginal and Torres Strait Islander people under this program.

The new requirements are found in subparagraphs 28L(2)(a)(vi) to (x), as renumbered by this Instrument.

Subsections 28L(1) and (2) provide that at the end of each reporting period, Housing Australia must report to the Minister on the activities of Housing Australia under the HAFFF during the period. Subsection 28L(5) defines a reporting period as each successive 3-month period commencing every 1 January, 1 April, 1 July and 1 October. In relation to projects Housing Australia decided to finance under the HAFFF up to the end of each period, the report needs to contain the information set out in the table below. The table also provides the old and new subparagraph references for the information required:

Subsection 28L(2)(a) is amended to list additional information that must be included in the report:

•                 the number of projects that were delivered by, or in partnership with, Aboriginal and Torres Strait Islander housing organisations and the total amount of finance under the HAFFF provided for them (new subparagraph (vi));

•                 the number of projects that provided housing for Aboriginal and Torres Strait Islander people and the amount of finance under the HAFFF provided for these projects (new subparagraph (vii));

•                 the number of dwellings provided for social housing, affordable housing or that addressed an acute housing need (new subparagraph (viii));

•                 the number of dwellings provided, or to be provided, to Aboriginal and Torres Strait Islander people (new subparagraph (ix)); and

•                 the number (expressed as a percentage) of the number mentioned in the previous dot point as a proportion of the number mentioned in what is now paragraph (viii); that is, as a proportion of the number of dwellings provided for social housing, affordable housing or that addressed an acute housing need (new subparagraph (x)).

Housing Australia is also required by paragraph 28L(2)(b) to include project-specific information.

Reporting of this data, as well as information specific to First Nations projects, assists in understanding how the HAFFF is contributing to the Government’s housing agenda and enables comparison over time with past reports. This improves visibility of how HAFFF contributes to outcomes under the National Agreement on Closing the Gap and helps to build an evidence base to better understand outcomes for First Nations people.

The requirement in subparagraph (x) to report the percentage of dwellings provided for social housing, affordable housing or that addressed an acute housing need that were provided, or are to be provided, to Aboriginal and Torres Strait Islander people, among other things, supports tracking of performance against the Government’s 10% First Nations social housing tenancy target as part of HAFF Round 3.

Quarterly NHAF reports

Item 7 of the Instrument amends subsection 28Y(2) of the Investment Mandate, which prescribes quarterly reporting requirements in relation to the NHAF. These amendments replicate the amendments made to section 28L in relation to the HAFFF, to expand Housing Australia’s reporting obligations for the NHAF to improve transparency of outcomes for Aboriginal and Torres Strait Islander people. This also ensures consistent reporting in relation to Aboriginal and Torres Strait Islander outcomes across Housing Australia financing facilities.

Subsections 28Y(1) and (2) provide that at the end of each reporting period (each successive 3-month period commencing every 1 January, 1 April, 1 July and 1 October, per subsection 28Y(5)), Housing Australia must report to the Minister on the activities of Housing Australia under the NHAF during the period. In relation to projects Housing Australia decided to finance under the NHAF up to the end of the period, the report needs to contain the information set out in the table below. The table also provides the old and new subparagraph references for the information required:

Paragraph 28Y(2)(a) is amended to list additional information that must be included in the report:

•                 the number of projects that were delivered by, or in partnership with, Aboriginal and Torres Strait Islander housing organisations and the total amount of finance under the NHAF provided for them (new subparagraph (v));

•                 the number of projects that provided housing for Aboriginal and Torres Strait Islander people and the amount of finance under the NHAF provided for these projects (new subparagraph (vi)); and

•                 the number (expressed as a percentage) of the number mentioned in the previous dot point as a proportion of the number mentioned in new paragraph (iii); that is, as a proportion of the number of projects in each State or Territory (new subparagraph (vii)).

Housing Australia is also required by paragraph 28Y(2)(b) to include project specific information. The existing requirements that relate to the overall total numbers of projects, including within each State and Territory and in relation to completion, include projects relating to First Nations people.

Consistent with the amendments to section 28L, reporting of this data, as well as information specific to First Nations projects, is intended to assist in understanding how the NHAF is contributing to the Government’s housing agenda and enable comparison over time with past reports. This improves visibility of how the NHAF contributes to outcomes under the National Agreement on Closing the Gap and helps to build an evidence base to better understand outcomes for First Nations people.

Initial backward-looking report and timing and application rules

Item 9 inserts transitional arrangements for these amendments to quarterly NHIF, HAFFF and NHAF reports, introducing new requirements as a new Division 12 to Part 7.

New section 50 provides that these amendments apply to reports for a 3-month period commencing on or after 1 July 2026. For example, if the Instrument commenced on 1 June 2026, the new requirements would apply in respect of NHIF, HAFFF and NHAF reports for the reporting period commencing 1 July 2026.

Reserving $600 million of HAFFF funding

Item 6 of the Instrument inserts new Division 4 into Part 4A of the Investment Mandate, which includes new section 28NC. This section inserts a dedicated funding stream within the HAFFF only accessible to Aboriginal and Torres Strait Islander housing organisations or States or Territories working in genuine partnership with an Aboriginal and Torres Strait Islander housing provider. This is intended to improve First Nations housing outcomes and strengthen the First Nations housing sector by ensuring access to dedicated funding.

Under new section 28NC, Housing Australia must ensure it allocates at least $600 million in aggregate in HAFFF availability payments to First Nations projects that are otherwise eligible for funding under the HAFF. Certain eligibility and timing requirements apply, detailed below.

Application and eligibility

The funding allocation applies if Housing Australia receives an application for a grant under the HAFFF where the project proponent:

•                 is otherwise an eligible project proponent as set out in section 28F;

•                 is either

–               an Aboriginal and Torres Strait Islander housing organisation, which, as noted above, is a registered charity whose primary purpose is improving, directly or indirectly, housing outcomes for Aboriginal and Torres Strait Islander people or an SPV at least one member of which is such a charity; or

–               a Housing Australia Future Fund Facility SPV, at least one member of which is an entity of the above kind; or

–               a State or Territory that Housing Australia is satisfied will deliver the project in genuine partnership with such an organisation (subsection 28NC(1)); and

•                 makes their application between 30 January 2026 and 7 April 2029.

Eligible projects must involve an Aboriginal and Torres Strait Islander housing organisation and demonstrate a commitment to working in genuine partnership.

Housing Australia is required by new subsection 28NC(2) to consider whether the application demonstrates a commitment to:

•                 delivering the project in a way that supports the objective and outcomes of the National Agreement on Closing the Gap (within the meaning of the new definition inserted into section 4); and

•                 shared decision-making, governance and transparency during the course of the project, and a clear strategy for how this commitment will be operationalised during project delivery.

This ensures that Aboriginal and Torres Strait Islander housing organisations are participating in genuine partnership, have a substantive role in project design and delivery, and will receive long-term economic and social benefits.

In practice, projects will be more likely to meet this requirement if they build equity and support greater direct control and interest of the community-controlled sector in the properties they maintain (for example, through equity interests, community title, and similar arrangements). An example is provided under subsection 28NC(2) which explains that an application could demonstrate a commitment to delivering a project in a way that supports the objective and outcomes of the National Agreement on Closing the Gap by:

•                 setting out a strategy to work in a partnership that includes developing and demonstrating Aboriginal and Torres Strait Islander cultural capability and promoting cultural safety (within the context of the National Agreement on Closing the Gap); or

•                 being likely to provide long-term economic and social benefit for Aboriginal and Torres Strait Islander communities, including building the capacity and capability of community-controlled sectors to deliver services in accordance with Priority Reform Two of the National Agreement on Closing the Gap.

This example demonstrates ways in which Housing Australia could consider how an applicant demonstrates a commitment to shared decision-making, governance and transparency during the course of the project and a clear strategy for this will be operationalised during project delivery.

Funding requirement

If the funding allocation applies because applications and projects satisfy the above criteria, new subsection 28NC(3) requires Housing Australia to ensure that at least $600 million in HAFFF availability payments is allocated to finance grants for these projects.

The $600 million allocation is nominal and not indexed. It is also aggregate: the $600 million can be allocated between relevant projects at Housing Australia’s discretion, provided that at least $600 million in total is allocated.

However, the allocation can only be applied in respect of a project if the project is otherwise eligible for financing. For example:

•                 The eligibility criteria in section 28D must be satisfied in respect of the project; and

•                 Housing Australia has, in deciding whether to finance the project, had regard to the matters it must consider when making financing decisions under the HAFFF, consistent with section 28J.

Subsection (5) clarifies that the allocation is subject to the limits for the sum on all HAFFF availability payments set by section 28N. These limits are amended from time to time, including to facilitate the funding allocation contemplated by this new section 28NC.

In practice, the allocation period will span 25 years, as an availability payment is a recurring grant made over 25 years that increases social or affordable housing, or both (subsection 28N(4)). In practice, this allocation will be made as availability payments, since as at commencement the limit for HAFFF upfront grants set by subsection 28N(6) is insufficient to accommodate the allocation, being $0 for every financial year after the 2025‑26 financial year. Housing Australia retains discretion as to the approach for allocating the $600 million among eligible projects over that period, with regular reporting provided consistent with existing reporting requirements, including under section 28L as amended by this Instrument.

Concierge Service

Housing Australia will establish and operate a dedicated concierge service to support Aboriginal and Torres Strait Islander housing organisations through the application and project delivery process, and to access funding under its facilities.

Item 8 of the Instrument inserts a new Part 5AA into the Investment Mandate, to establish a concierge service for Aboriginal and Torres Strait Islander housing organisations within Housing Australia. This is a front-facing service that delivers culturally safe support for the purpose of improving outcomes for Aboriginal and Torres Strait Islander people and building the long-term capacity of the First Nations housing sector to access financing.

It is intended that the concierge service will engage with First Nations housing organisations seeking to access Australian Government housing programs administered by Housing Australia. Its core functions are to proactively identify organisations that may benefit from its services, provide advice to them on accessing funding and (for certain organisations) other business advisory services, and in so doing build the capability of the First Nations housing sector, including the Aboriginal and Torres Strait Islander community-controlled sector.

Eligible entities

New subsection 28ZEB(1) requires Housing Australia to provide a service, defined as the concierge service, dedicated to the provision of advice and other assistance to:

•                 Aboriginal and Torres Strait Islander housing organisations, and

•                 other entities that Housing Australia is reasonably satisfied are likely, with advice or assistance, to become such organisations.

Aboriginal and Torres Strait Islander organisations are defined in section 4 of the Investment Mandate, as discussed above.

Coverage of other entities that are likely to become such organisations ensures that the concierge service can provide basic assistance to organisations that need to take certain steps to become such an organisation, for example register as a charity. This could include providing general information about the process of doing this.

The concierge service is provided in line with Housing Australia’s financing and capacity building functions.

Concierge services

Without limiting the general nature of the concierge described above, subsection 28ZEB(2) provides that Housing Australia may, in providing the concierge service in the exercise of its financing function, give advice or assistance, in respect of accessing financing under the HAFFF, NHAF, NHIF, or Affordable Housing Bond Aggregator (“AHBA”).

Further, in the exercise of its capacity building function in relation to Aboriginal and Torres Strait Islander organisations that are registered CHPs, Housing Australia may also give advice or assistance in the provision of business advisory services and other assistance in capacity building.

Subsection 28ZEB(4) also requires Housing Australia, in providing the concierge service, to take all reasonable steps to ensure that it develops and demonstrates:

•                 Aboriginal and Torres Strait Islander cultural capability (within the context of the National Agreement on Closing the Gap); and

•                 cultural safety (within the context of the National Agreement on Closing the Gap) for Aboriginal and Torres Strait Islander people.

While Housing Australia will need to consider the whole National Agreement, the transformation elements at clause 59 of Priority Reform Three and associated clauses are particularly relevant to cultural safety.

Formal requirements for capacity building concierge services

New subsection 28ZEB(3) requires Housing Australia to consider applications for advice or assistance under the concierge service, relating to the performance of the capacity building function, made in the manner and form approved by Housing Australia. No timeframe for considering these applications is set out. This engages section 10 of the Act, which provides that Housing Australia:

•                 must consider an application for assistance in capacity building where the Investment Mandate provides this must be done, and within any timeframe and in accordance with any decision-making criteria or limits specified; and

•                 can only provide assistance in capacity building if an entity has applied in this way.

Consistent with subsection 10(5) of the Act, the terms and conditions on which Housing Australia provides the capacity building services under the concierge service must also be set out in a written agreement between Housing Australia and the Aboriginal and Torres Strait Islander housing organisation.

Promoting the service

New section 28ZEC requires Housing Australia to make reasonable efforts to identify, in each State and Territory, Aboriginal and Torres Strait Islander housing organisations, and entities that may become such organisations, and to promote the concierge service to these entities.

In this context, reasonable efforts will involve seeking guidance and advice from the First Nations housing sector, predominantly the Housing Policy Partnership, on how to engage in a culturally appropriate and safe manner.

Specifically, the obligation to promote is in respect of organisations that may benefit from being provided the advice or assistance the concierge provides, namely:

•                 accessing funding under the AHBA, HAFFF, NHAF and NHIF; and

•                 on application, business advisory services and other assistance in capacity building.

This proactive identification and promotion obligation ensures the concierge service reaches organisations across all jurisdictions. This also helps to ensure equality of opportunity and access to housing programs across Australia, and supports strengthening the First Nations housing sector, including the community-controlled sector. This section also reflects similar obligations to promote in the Investment Mandate, specifically section 22B in respect of the NHIF, section 28G in respect of the HAFFF, and section 28U in respect of the NHAF.

Other amendments

Item 2 of the Schedule amends section 8 to add Part 5AA after the reference to Part 5. Part 5 relates to Housing Australia’s general capacity building functions, while Part 5AA relates to the new concierge service. This consequential amendment enables Housing Australia to provide the concierge service in the exercise of its capacity building function as one of its permitted activities.

To the extent the concierge service is also provided under Housing Australia’s financing function, relevant arrangements and expenditure are incidental purposes to administering the existing facilities under the financing function and are covered by paragraphs 9(1)(c) and 9(2)(b) of the Investment Mandate.

Application rules  

As explained in more detail above, item 9 of the Instrument inserts new Division 12 into Part 7 of the Investment Mandate, containing new section 50, which clarifies the amendments made by this Instrument apply to reports for a 3-month period commencing on or after 1 July 2026.