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

Overview

The Housing Australia (Member) Appointments (No. 1) 2023 Instrument, enacted on 23 November 2023 by Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, addresses the need to appoint members to the Housing Australia Board under the provisions of the Housing Australia Act 2018. This instrument fills a critical gap by ensuring the board has the necessary expertise and representation to effectively carry out its functions. The appointment of Matina Papathanasiou and Mary Ploughman, made under the authority granted by subsection 18(1) of the Housing Australia Act 2018, aims to bolster the board's capacity to meet its policy objectives, particularly in addressing housing and homelessness issues across Australia. This legislative action by the Australian government underscores a commitment to enhancing the board's capabilities to deliver on its mandate.

Scope and Application

The Notifiable Instrument F2023N00571 pertains to the appointment of Matina Papathanasiou and Mary Ploughman as part-time members of the Housing Australia Board for a term of five years. This appointment is pursuant to the powers conferred by subsection 18(1) of the Housing Australia Act 2018, following satisfaction of the conditions specified in subsection 18(2) of the same Act. Julie Collins, who holds the positions of Minister for Housing, Minister for Homelessness, and Minister for Small Business, has made these appointments. The Act applies to the process of appointing members to the Housing Australia Board, thereby impacting the composition and operation of this Board. The geographic reach of this instrument is national, given the federal nature of the Housing Australia Act 2018, and it does not explicitly outline exclusions or exemptions, suggesting a broad application across the relevant industry and conduct governed by the Act.

Key Provisions

The key operative sections of the Housing Australia (Member) Appointments (No. 1) 2023 instrument (sections 1–3) establish the appointment of Matina Papathanasiou and Mary Ploughman as part-time members of the Housing Australia Board for a term of five years. This appointment follows the provisions of the Housing Australia Act 2018, specifically section 18, which outlines the requirements for such appointments. Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, made this appointment on 23 November 2023, after satisfying herself of the matters specified in section 18(2) of the Act. The obligations and requirements imposed by this instrument primarily involve the roles and responsibilities of Matina Papathanasiou and Mary Ploughman as members of the Housing Australia Board. As part-time members, they are expected to contribute their expertise and skills to the board’s decision-making processes, focusing on matters related to housing, homelessness, and small business, as these are within the purview of the Minister’s portfolio. They are required to adhere to the governance standards and operational policies set by the Housing Australia Board, ensuring their contributions align with the objectives of the Housing Australia Act 2018. Breaches of the obligations and requirements set forth by the Housing Australia Act 2018, or any misuse of the authority granted to the members, may lead to various consequences. While specific offences and penalties are not detailed in this instrument, the Act generally provides for both civil and criminal sanctions. For civil penalties, the Act may include provisions for fines and other monetary penalties, as stipulated by the relevant laws. For criminal penalties, individuals found guilty of serious breaches may face imprisonment, with the specific maximum penalties varying depending on the nature and severity of the offence. The exact penalties would be determined in accordance with the broader legislative framework governing the administration and enforcement of the Housing Australia Act 2018.