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.
Overview
The Supported Accommodation Assistance (Form of Agreement) Determination 2008 was enacted to provide a new form of agreement for the Supported Accommodation Assistance Program (SAAP) under the Supported Accommodation Assistance Act 1994. This Act empowers the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs to determine a form of agreement with the States and Territories, addressing the need for transitional supported accommodation and related services to assist homeless individuals in achieving self-reliance and independence. The Determination, formulated by the Commonwealth, replaces the 2005 version to reflect the transition to the National Affordable Housing Agreement (NAHA), which will commence on 1 January 2009. The policy objective is to streamline the funding framework for housing assistance, ensuring a smooth transition from SAAP to NAHA. The enactment body is the Commonwealth, and the primary intent is to align the SAAP agreement with the forthcoming NAHA, thereby updating the legislative framework to accommodate the new housing assistance program.
Scope and Application
The Supported Accommodation Assistance (Form of Agreement) Determination 2008 applies to the Commonwealth, the states and territories of Australia, and pertains to the Supported Accommodation Assistance Program (SAAP) as established under the Supported Accommodation Assistance Act 1994. This legislation authorises the Commonwealth to enter into an inter-government agreement with the states and territories to provide transitional supported accommodation and related support services to help homeless individuals achieve self-reliance and independence. The determination sets out the form of agreement that must be adhered to by the Commonwealth when entering into a SAAP agreement with the states and territories. The Determination applies to the states and territories that voluntarily participate in the SAAP, providing them with financial assistance under the terms of the agreement. This legislation does not specify any exclusions or exemptions, but rather provides a framework for the Commonwealth to support states and territories in implementing housing assistance programs. This Determination, however, does not extend or restrict the application of the SAAP beyond what is outlined in the Supported Accommodation Assistance Act 1994 and the National Affordable Housing Agreement (NAHA) which commences on 1 January 2009.
Key Provisions
The main operative sections of the Supported Accommodation Assistance (Form of Agreement) Determination 2008 (Determination) pertain to the establishment of a new form of agreement for the Supported Accommodation Assistance Program (SAAP) agreement, as authorised by subsection 6(1) of the Supported Accommodation Assistance Act 1994 (the Act). This Determination sets the terms and conditions for the SAAP agreement, replacing the previous Supported Accommodation Assistance (Form of Agreement) Determination 2005. Specifically, section 2 of the Determination outlines the new form of agreement, which is substantially in accordance with the requirements set out in Division 2 of Part 2 of the Act. This new form of agreement is intended to govern the SAAP until it is replaced by the National Affordable Housing Agreement (NAHA), which is set to commence on 1 January 2009. This Determination also includes provisions that the current SAAP agreement will expire on 31 December 2008, earlier than the previous agreement, to align with the commencement of the NAHA.
The Act imposes several obligations and requirements on the parties involved in the SAAP agreement. Under section 17(2) of the Act, the Commonwealth is required to enter into an agreement with the States and Territories that is substantially in accordance with the form of agreement determined by the Minister. This agreement is designed to provide transitional supported accommodation and related support services to help homeless individuals achieve self-reliance and independence. The States and Territories, in turn, are obliged to provide the necessary supported accommodation and services as outlined in the SAAP agreement. Additionally, the Minister, under section 18 of the Act, is authorised to make payments to the States and Territories by way of financial assistance, in accordance with the SAAP agreement. This ensures that the necessary funding is available to support the program's objectives.
Breach of the SAAP agreement, or failure to comply with the obligations set out in the Act, can result in various consequences. While the Determination itself does not specify offences or penalties, non-compliance with the SAAP agreement may lead to the termination of the financial assistance provided under the agreement. Moreover, any disputes or breaches of the agreement may be subject to resolution through the relevant legal channels. It is important to note that the Determination, being a form of agreement, does not impose any direct penalties on the parties involved. However, the failure to adhere to the terms of the SAAP agreement may have indirect consequences, such as the cessation of funding for the supported accommodation and services provided under the program.