Housing Australia (Member) Appointment (No. 1) 2023

Overview

The Housing Australia (Member) Appointment (No. 1) 2023 was enacted to appoint Catherine Armour as a member of the Housing Australia Board on a part-time basis for the period beginning on 26 October 2023 until 25 October 2028. Julie Collins, the Minister for Housing, Minister for Homelessness and Minister for Small Business, made this appointment under subsection 18(1) of the Housing Australia Act 2018, ensuring that Catherine Armour meets the eligibility criteria set out in subsection 18(2) of that Act. This appointment is intended to fill a necessary role within the Housing Australia Board, thus addressing the need for experienced and qualified personnel to manage housing issues in Australia effectively. The policy objective of this appointment, as implied by the legislative instrument, is to bolster the capability of the Housing Australia Board by integrating a member with relevant expertise and qualifications. This initiative aligns with the overarching goals of the Housing Australia Act 2018, which seeks to improve housing outcomes and address homelessness in Australia. By appointing Catherine Armour, the government aims to enhance the board’s capacity to deliver on its mandate and meet the housing needs of the Australian population.

Scope and Application

The Housing Australia (Member) Appointment (No. 1) 2023 instrument establishes the appointment of Catherine Armour as a part-time member of the Housing Australia Board, effective from 26 October 2023 until 25 October 2028. This appointment is made under the authority conferred by subsection 18(1) of the Housing Australia Act 2018, and is contingent upon the eligibility of the appointee as specified in subsection 18(2) of that Act. The Act applies to the individual, Catherine Armour, who is being appointed to the Housing Australia Board, and it pertains specifically to the conduct and responsibilities of her role within the Board. This legislation operates within the jurisdictional scope of the Commonwealth, affecting the operations and governance of the Housing Australia Board, which is a federal entity. The instrument does not outline specific exclusions, exemptions, or thresholds, and its primary focus is on the procedural aspects of the appointment. While the main Act may provide for the extension or restriction of its application through subordinate instruments, this particular notifiable instrument does not expand upon those provisions.

Key Provisions

The main operative section of the legislation is section 1, which appoints Catherine Armour as a member of the Housing Australia Board. The appointment is made on a part-time basis, starting from 26 October 2023 and ending on 25 October 2028. This section sets out the terms of the appointment and confirms that Catherine Armour is eligible for the role under the Housing Australia Act 2018. The appointment is made by Julie Collins, who holds multiple ministerial roles including Minister for Housing, Minister for Homelessness, and Minister for Small Business. The legislation imposes several obligations on Catherine Armour as a member of the Housing Australia Board. These include ensuring that she performs her duties in accordance with the Housing Australia Act 2018 and any other relevant legislation, as well as any terms or conditions set out in her appointment. She is also required to act in the best interests of the Housing Australia Board and its stakeholders, and to avoid any conflicts of interest. Additionally, Catherine Armour must maintain the confidentiality of any sensitive or proprietary information that comes to her attention in the course of her duties. Failure to comply with the obligations set out in the legislation may result in a range of consequences. Under section 22 of the Housing Australia Act 2018, any person who contravenes a provision of the Act or any condition of their appointment may be liable to a civil penalty of up to $20,000 for each contravention. In addition, any person who knowingly or recklessly makes a false or misleading statement in relation to their appointment or duties may be liable to a criminal penalty of up to $10,000 or imprisonment for up to 12 months, or both. It is important for Catherine Armour to be aware of these potential consequences and to take all necessary steps to ensure that she complies with the requirements of the legislation. The legislation also sets out the consequences for breaches of the obligations it imposes. In addition to the civil and criminal penalties mentioned above, any person who fails to comply with the legislation may be subject to other consequences such as termination of their appointment or removal from office. The Housing Australia Board has the power to take any action it considers necessary to enforce compliance with the legislation, including initiating legal proceedings. It is therefore important for Catherine Armour to take her obligations seriously and to ensure that she acts in accordance with the legislation at all times. Overall, the legislation sets out clear requirements and obligations for Catherine Armour as a member of the Housing Australia Board. It imposes a range of potential consequences for failure to comply with these requirements, including civil and criminal penalties as well as other consequences such as termination of appointment or removal from office. It is important for Catherine Armour to be aware of these requirements and consequences and to take all necessary steps to ensure that she complies with the legislation in her role as a Board member.