EXPLANATORY STATEMENT
Supported Accommodation Assistance (Form of Agreement) Determination 2008
Background
The Supported Accommodation Assistance Act 1994 (the Act) authorises the Commonwealth to formulate and enter into an inter-government agreement with the States and Territories dealing with the Supported Accommodation Assistance Program (SAAP), a program under which the States and Territories provide transitional supported accommodation and related support services, in order to help people who are homeless to achieve the maximum possible degree of self-reliance and independence.
Subsection 6(1) of the Act enables the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs (the Minister) to determine a form of agreement dealing with SAAP. Division 2 of Part 2 of the Act describes matters which must be dealt with in any such form of agreement.
Subsection 17(2) of the Act enables the Commonwealth to enter into an agreement dealing with SAAP (SAAP agreement) with the States and Territories that is substantially in accordance with the form of agreement determined by the Minister.
Where a SAAP agreement is in force between the Commonwealth and a State or Territory, section 18 of the Act enables the Minister to authorise payments to the State or Territory, by way of financial assistance, in accordance with that agreement.
Effect of this Determination
Pursuant to subsection 6(1) of the Act, this Supported Accommodation Assistance (Form of Agreement) Determination 2008 (Determination) determines a new form of agreement for the SAAP agreement.
This Determination revokes the Supported Accommodation Assistance (Form of Agreement) Determination 2005 made on 29 November 2005 (Previous Determination).
The form of agreement included in the Previous Determination provided for the current SAAP agreement between the Commonwealth and the States and Territories to expire on 30 June 2010.
In contrast, this Determination contains a form of agreement that provides for the current SAAP agreement between the Commonwealth and the States and Territories to expire on 31 December 2008. The purpose of setting an earlier expiration date for the SAAP agreement is to reflect that the new National Affordable Housing Agreement (NAHA) between the Commonwealth and the States and Territories will commence on 1 January 2009. The NAHA will provide a new framework for funding for housing assistance and will encompass matters that are currently dealt with under SAAP.
Regulatory Impact Analysis
This Determination does not require a Regulatory Impact Statement or a Business Cost Calculator Figure. This Determination, being a mere form of agreement, is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.
Consultation
Prior to the Minister making this Determination, the Commonwealth Department for Families, Housing, Community Services and Indigenous Affairs participated in detailed Council of Australian Government driven consultations on the transition from SAAP to NAHA with the relevant departments in each State and Territory.
Retrospectivity
This Determination commences on the date it is made by the Minister, which is the date written on the front of the Determination.
This Determination, being a mere form of agreement, does not affect the rights of, or impose liabilities on, the States and Territories. Rather, it is the inter‑government SAAP agreements, which are voluntarily entered into by the Commonwealth and the States and Territories, that affect the rights of, and impose obligations on, the States and Territories. The provisions of the form of agreement contained in this Determination have no effect in or of themselves. As a result, while this Determination has retrospective operation it does not offend against subsection 12(2) of the Legislative Instruments Act 2003.