{"id":"nsw:act-1998-047","name":"Aboriginal Housing Act 1998","slug":"aboriginal-housing-act-1998","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"47 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175475,"registerId":"nsw-nsw:act-1998-047-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Aboriginal Housing Act 1998](/view/html/inforce/current/act-1998-047).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to ensure that Aboriginal people and Torres Strait Islanders have access to affordable and quality housing,\n> \n> > (b) to ensure that such housing is appropriate having regard to the social and cultural requirements, living patterns and preferences of the Aboriginal people or Torres Strait Islanders to whom the housing is to be provided,\n> \n> > (c) to enhance the role of Aboriginal people and Torres Strait Islanders in determining, developing and delivering policies and programs relating to Aboriginal housing,\n> \n> > (d) to ensure that priority is given, in providing housing assistance for Aboriginal people and Torres Strait Islanders, to those individuals who are most in need,\n> \n> > (d1) to ensure that the available supply of housing under this Act is shared equitably among Aboriginal people and Torres Strait Islanders who are most in need,\n> \n> > (e) to increase the range of housing choices for Aboriginal people and Torres Strait Islanders so as to reflect the diversity of individual and community needs,\n> \n> > (f) to ensure that registered Aboriginal housing organisations are accountable, effective and skilled in the delivery of Aboriginal housing programs and services,\n> \n> > (g) to ensure that the Aboriginal Housing Office’s housing programs and services are administered efficiently and in co-ordination with other programs and services that are provided to assist Aboriginal people and Torres Strait Islanders,\n> \n> > (h) to encourage the sustainable employment of Aboriginal people and Torres Strait Islanders in the delivery of Aboriginal housing assistance.\n> \n> **s 3:** Am 2005 No 79, Sch 2.1.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> In this Act—\n> \n> Aboriginal Housing Office (or AHO) means the Aboriginal Housing Office constituted by this Act.\n> \n> Aboriginal person means a person who—\n> \n> > (a) is a member of the Aboriginal race of Australia, and\n> \n> > (b) identifies as an Aboriginal person, and\n> \n> > (c) is accepted by the Aboriginal community as an Aboriginal person,\n> \n> and the expression Aboriginal people has a corresponding meaning.\n> \n> Aboriginal Regional Housing Committee means an Aboriginal Regional Housing Committee established under this Act.\n> \n> agency head means the head of the Public Service agency in which persons are employed to enable the AHO to exercise its functions.\n> \n> AHO housing agreement means an agreement between the Aboriginal Housing Office and a registered Aboriginal housing organisation in accordance with this Act.\n> \n> ATSIC means the Aboriginal and Torres Strait Islander Commission established under the Commonwealth Act.\n> \n> Board means the Board of the Aboriginal Housing Office established by this Act.\n> \n> Commonwealth Act means the [Aboriginal and Torres Strait Islander Commission Act 1989](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Commonwealth-State agreement includes any agreement to which the Commonwealth and the State are parties, whether or not other persons or bodies are also parties to the agreement.\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> government agency means—\n> \n> > (a) a Public Service agency, or\n> \n> > (b) a statutory body representing the Crown, or\n> \n> > (c) a State owned corporation, or\n> \n> > (d) any other public or local authority constituted by or under an Act.\n> \n> housing includes any form of residential accommodation.\n> \n> land includes—\n> \n> > (a) a legal or equitable estate or interest in land, or\n> \n> > (b) an easement, right, charge, power or privilege over, or in connection with, land.\n> \n> Land and Housing Corporation means the New South Wales Land and Housing Corporation constituted by the [Housing Act 2001](/view/html/inforce/current/act-2001-052).\n> \n> New South Wales Aboriginal Land Council means the New South Wales Aboriginal Land Council established under the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042).\n> \n> registered Aboriginal housing organisation means an eligible organisation (as defined in section 25) that is registered for the time being under Part 5.\n> \n> Torres Strait Islander means a person who—\n> \n> > (a) is a descendant of an indigenous inhabitant of the Torres Strait area within the meaning of the Commonwealth Act, and\n> \n> > (b) identifies as a Torres Strait Islander, and\n> \n> > (c) is accepted by the Torres Strait Islander community as a Torres Strait Islander.\n> \n> **s 4:** Am 2001 No 52, Sch 1.1; 2009 No 96, Sch 1 \\[1\\]; 2015 No 58, Sch 3.1 \\[1\\]–\\[3\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"#### 5 Notes\n\n5 Notes\n\n> Notes included in this Act do not form part of this Act.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of Aboriginal Housing Office","content":"# Part 2 Constitution of Aboriginal Housing Office\n\nPart 2 Constitution of Aboriginal Housing Office","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Constitution of Aboriginal Housing Office","content":"#### 6 Constitution of Aboriginal Housing Office\n\n6 Constitution of Aboriginal Housing Office\n\n> There is constituted by this Act a body corporate with the corporate name of the Aboriginal Housing Office.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Status of AHO","content":"#### 7 Status of AHO\n\n7 Status of AHO\n\n> The Aboriginal Housing Office is, for the purposes of any Act, a statutory body representing the Crown.\n> \n> Note—\n> \n> The management of the Aboriginal Housing Office is provided for in Part 6 of this Act. The AHO has a Board and is also subject to the control and direction of the Minister.\n> \n> **s 7:** Am 2009 No 96, Sch 1 \\[2\\].","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Aboriginal Housing Office","content":"# Part 3 Functions of Aboriginal Housing Office\n\nPart 3 Functions of Aboriginal Housing Office","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Principal functions","content":"## Division 1 Principal functions\n\nDivision 1 Principal functions","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Aboriginal housing assistance","content":"#### 8 Aboriginal housing assistance\n\n8 Aboriginal housing assistance\n\n> > (1) The Aboriginal Housing Office has the principal functions of—\n> > \n> > > (a) planning and developing programs and services to assist Aboriginal people and Torres Strait Islanders in meeting their housing needs, and\n> > \n> > > (b) delivering those programs and services, and\n> > \n> > > (c) evaluating those programs and services from time to time in order to determine whether they continue to effectively meet the housing needs of Aboriginal people and Torres Strait Islanders.\n> \n> > (2) In exercising those principal functions, the AHO is—\n> > \n> > > (a) to liaise with other government agencies and non-government bodies in the delivery of Aboriginal housing programs and services, and\n> > \n> > > (b) to co-ordinate Aboriginal housing programs and services with other programs and services that are provided by government agencies (including Commonwealth agencies) and non-government bodies to assist Aboriginal people and Torres Strait Islanders, and\n> > \n> > > (c) to develop priorities for Aboriginal housing programs and services in accordance with the objects of this Act, and\n> > \n> > > (d) to advise the Minister on Aboriginal housing policy, and\n> > \n> > > (e) to develop and implement strategies for the employment of Aboriginal people and Torres Strait Islanders in the delivery of Aboriginal housing programs and services.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Functions of AHO in relation to registered Aboriginal housing organisations","content":"#### 9 Functions of AHO in relation to registered Aboriginal housing organisations\n\n9 Functions of AHO in relation to registered Aboriginal housing organisations\n\n> > (1) The Aboriginal Housing Office may—\n> > \n> > > (a) subject to this Act, provide funding out of the Aboriginal Housing Fund to registered Aboriginal housing organisations, and\n> > \n> > > (b) assist registered Aboriginal housing organisations in developing and implementing effective asset and management strategies, and\n> > \n> > > (c) provide assistance to registered Aboriginal housing organisations in the form of advice, support services and training, or in such other form as the AHO considers appropriate.\n> > \n> > Note—\n> > \n> > The AHO is required to register Aboriginal housing organisations under Part 5 of this Act.\n> \n> > (2) The AHO may, with the approval of the Minister—\n> > \n> > > (a) transfer or lease property to registered Aboriginal housing organisations, and\n> > \n> > > (b) construct housing for registered Aboriginal housing organisations.\n> \n> > (3) Subsection (2) does not limit the forms of assistance that can be provided by the AHO to registered Aboriginal housing organisations under subsection (1).\n> \n> > (4) No duty is chargeable under the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) or the [Duties Act 1997](/view/html/inforce/current/act-1997-123) on a transfer or lease of property to a registered Aboriginal housing organisation by the AHO.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Power to enter into agreements with registered Aboriginal housing organisations","content":"#### 10 Power to enter into agreements with registered Aboriginal housing organisations\n\n10 Power to enter into agreements with registered Aboriginal housing organisations\n\n> > (1) The Aboriginal Housing Office may enter into agreements with registered Aboriginal housing organisations in relation to funding, housing and other assistance provided to registered Aboriginal housing organisations under this Act.\n> \n> > (2) The AHO must not, unless the Minister otherwise directs—\n> > \n> > > (a) provide funding to a registered Aboriginal housing organisation, or\n> > \n> > > (b) transfer land to a registered Aboriginal housing organisation, or\n> > \n> > > (c) construct housing for or on behalf of a registered Aboriginal housing organisation, or\n> > \n> > > (d) provide any other assistance to a registered Aboriginal housing organisation in such other circumstances as the Minister may determine,\n> > \n> > unless the AHO has entered into an agreement with the registered Aboriginal housing organisation in relation to the provision of that assistance.\n> \n> Note—\n> \n> Part 4 sets out the types of conditions that may be contained in an agreement entered into under this section.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Provision of rental housing","content":"#### 11 Provision of rental housing\n\n11 Provision of rental housing\n\n> > (1) The Aboriginal Housing Office may provide housing to Aboriginal people and Torres Strait Islanders by leasing property to individuals or in such other manner as it considers appropriate.\n> \n> > (2) The AHO may assist Aboriginal people and Torres Strait Islanders with the cost of such housing by providing rental subsidies, rental rebates or any other assistance it considers appropriate.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Functions relating to property","content":"## Division 2 Functions relating to property\n\nDivision 2 Functions relating to property","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"General property functions","content":"#### 12 General property functions\n\n12 General property functions\n\n> > (1) The Aboriginal Housing Office may—\n> > \n> > > (a) generally control and manage the property owned by the AHO, and\n> > \n> > > (b) develop and implement effective asset and management strategies with respect to the property owned by the AHO.\n> \n> > (2) In exercising its functions, the AHO may lease, sell, exchange or otherwise dispose of or deal with any property owned by the AHO in such manner, and subject to such terms and conditions, as it thinks fit.\n> \n> > (3) Without limiting subsection (2), the AHO may—\n> > \n> > > (a) provide, construct or relocate, or arrange for the provision, construction or relocation of, any of the following—\n> > > \n> > > > (i) housing,\n> > > \n> > > > (ii) utility services,\n> > > \n> > > > (iii) community facilities,\n> > > \n> > > > (iv) housing related infrastructure, and\n> > \n> > > (b) demolish any building on any land, and\n> > \n> > > (c) subdivide and re-subdivide any land, and consolidate subdivided or re-subdivided land, and\n> > \n> > > (d) set out and construct access roads on any land, and\n> > \n> > > (e) erect, alter, repair and renovate buildings and make other improvements to any land.\n> \n> > (4) The functions referred to in subsection (3) (b)–(e) are, if the land concerned is not owned by the AHO, exercisable by the AHO only with the permission of the owner of the land or other person having the control or management of the land.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Acquisition of land","content":"#### 13 Acquisition of land\n\n13 Acquisition of land\n\n> > (1) The Aboriginal Housing Office may acquire land, for the purposes of this Act, by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under this Act is taken to be an authorised work, and the AHO is, in relation to that authorised work, taken to be the Construction Authority.\n> \n> > (3) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply to or in respect of works constructed under this Act.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Other powers relating to property","content":"#### 14 Other powers relating to property\n\n14 Other powers relating to property\n\n> > (1) The Aboriginal Housing Office may acquire by gift, bequest or devise any property for the purposes of this Act and may agree to carry out the conditions of any such gift, bequest or devise.\n> \n> > (2) The rule of law against remoteness of vesting does not apply to any condition of a gift, bequest or devise to which the AHO has agreed.","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Miscellaneous","content":"## Division 3 Miscellaneous\n\nDivision 3 Miscellaneous","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Agency agreements","content":"#### 15 Agency agreements\n\n15 Agency agreements\n\n> The Aboriginal Housing Office may enter into any agreement with any person or body, including the Department of Family and Community Services, under which the person or body agrees to act as an agent of the AHO for the purpose of exercising any of its functions under this Act, and such person or body may exercise those functions in accordance with that agreement.\n> \n> **s 15:** Am 2015 No 58, Sch 3.1 \\[4\\].","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Other functions","content":"#### 16 Other functions\n\n16 Other functions\n\n> > (1) The Aboriginal Housing Office—\n> > \n> > > (a) has such other functions as are necessary to implement any Commonwealth-State agreement, in so far as it relates to housing for Aboriginal people and Torres Strait Islanders, and\n> > \n> > > (b) has such other functions as are conferred or imposed on the AHO by or under this or any other Act (including the regulations made under this Act), and\n> > \n> > > (c) may do all things that are supplemental or incidental to the exercise of its functions.\n> \n> > (2) (Repealed)\n> \n> **s 16:** Am 2006 No 2, Sch 4.1 \\[1\\]; 2015 No 58, Sch 3.1 \\[5\\].","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Delegation of functions","content":"#### 17 Delegation of functions\n\n17 Delegation of functions\n\n> > (1) The Aboriginal Housing Office may delegate to an authorised person any of the functions of the AHO (other than this power of delegation).\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the AHO if the delegate is authorised in writing to do so by the AHO.\n> \n> > (3) In this section—\n> > \n> > authorised person means—\n> > \n> > > (a) a member of staff of the AHO, or\n> > \n> > > (b) a member of the Board, or\n> > \n> > > (c) a person of a class prescribed by the regulations or approved by the Minister.\n> \n> **s 17:** Am 2009 No 96, Sch 1 \\[3\\]; 2015 No 58, Sch 3.1 \\[6\\].","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"AHO housing agreements","content":"# Part 4 AHO housing agreements\n\nPart 4 AHO housing agreements","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Circumstances in which AHO is considered to have interest in certain land","content":"#### 18 Circumstances in which AHO is considered to have interest in certain land\n\n18 Circumstances in which AHO is considered to have interest in certain land\n\n> For the purposes of this Part, the Aboriginal Housing Office is taken to have an interest in land of a registered Aboriginal housing organisation in the following circumstances—\n> \n> > (a) if the land is transferred to the registered Aboriginal housing organisation by the AHO,\n> \n> > (b) if the land is acquired by the registered Aboriginal housing organisation wholly or partly with funding provided by the AHO,\n> \n> > (c) if the AHO constructs housing or makes other improvements on the land,\n> \n> > (d) if an AHO housing agreement with the registered Aboriginal housing organisation identifies the land as being land in which the AHO has an interest.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Terms and conditions of AHO housing agreements","content":"#### 19 Terms and conditions of AHO housing agreements\n\n19 Terms and conditions of AHO housing agreements\n\n> > (1) An AHO housing agreement—\n> > \n> > > (a) may be in a standard form approved by the Minister, and\n> > \n> > > (b) may contain such terms and conditions as the AHO considers appropriate (whether or not the standard form of agreement is used), and\n> > \n> > > (c) is to contain such terms and conditions as may be prescribed by the regulations.\n> \n> > (2) Without limiting subsection (1) the AHO may, under the conditions of an AHO housing agreement—\n> > \n> > > (a) require the registered Aboriginal housing organisation concerned to meet specified standards and targets in relation to the Aboriginal housing services and programs provided by that Aboriginal housing organisation, and\n> > \n> > > (b) ensure that the funding, housing and other assistance provided to the registered Aboriginal housing organisation is used for the purposes for which it was provided.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Rights of AHO in relation to land in which it has an interest","content":"#### 20 Rights of AHO in relation to land in which it has an interest\n\n20 Rights of AHO in relation to land in which it has an interest\n\n> > (1) An AHO housing agreement may include conditions relating to any land of the registered Aboriginal housing organisation in which the AHO has an interest, including conditions that have effect if—\n> > \n> > > (a) the registered Aboriginal housing organisation fails to use the land for the purposes contemplated by the agreement, or\n> > \n> > > (b) the registered Aboriginal housing organisation proposes to sell or otherwise dispose of the land, or\n> > \n> > > (c) the registration of the registered Aboriginal housing organisation is revoked under this Act.\n> \n> > (2) For example, the conditions may—\n> > \n> > > (a) confer on the AHO an option or right to reacquire land transferred to the Aboriginal housing organisation, and\n> > \n> > > (b) confer on the AHO an option or right to acquire land purchased by the registered Aboriginal housing organisation with funding provided by the AHO, and\n> > \n> > > (c) require the registered Aboriginal housing organisation to pay to the AHO a sum determined in a manner specified in the agreement if the AHO does not exercise the option or right referred to in paragraph (a) or (b), and\n> > \n> > > (d) require the registered Aboriginal housing organisation to pay to the AHO a sum determined in a manner specified in the agreement for housing or other improvements made to the land by the AHO.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"No dealings in land in which AHO has an interest without consent of AHO","content":"#### 21 No dealings in land in which AHO has an interest without consent of AHO\n\n21 No dealings in land in which AHO has an interest without consent of AHO\n\n> > (1) A registered Aboriginal housing organisation must not transfer or otherwise deal with land in which the Aboriginal Housing Office has an interest unless—\n> > \n> > > (a) the AHO consents to the transfer or other dealing, or\n> > \n> > > (b) the transfer or other dealing is authorised, or is of a class that is authorised, by an AHO housing agreement with that registered Aboriginal housing organisation (an exempt transaction), or\n> > \n> > > (c) an AHO housing agreement with the registered Aboriginal housing organisation provides that this section does not apply to the land concerned.\n> \n> > (2) The Registrar-General must, on application by the AHO, make a recording in the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) to signify that the land specified in the application is subject to this section.\n> \n> > (3) The application is to provide details of any exempt transactions.\n> \n> > (4) If a recording under subsection (2) has been made by the Registrar-General, the Registrar-General is not to register under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) a transfer of that land or any other dealing that is otherwise registrable under that Act unless—\n> > \n> > > (a) the consent of the AHO to the transfer or other dealing has been endorsed on the transfer or other dealing, or\n> > \n> > > (b) the transfer or other dealing is an exempt transaction (as notified to the Registrar-General by the AHO), or\n> > \n> > > (c) the recording has ceased to have effect (as recorded by the Registrar-General under subsection (5)).\n> \n> > (5) The Registrar-General must, on the application of the AHO, make in the Register a recording to signify that a recording made under subsection (2) has ceased to have effect.\n> \n> > (6) An application by the AHO under this section is to be made in an approved form under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) and is to be accompanied by such fee, if any, as may be prescribed by the regulations under that Act.\n> \n> > (7) If the AHO makes an application under this section, the Registrar-General is not to inquire into whether the AHO has an interest in the land concerned or into the terms of any AHO housing agreement.\n> \n> > (8) This section does not affect the operation of any other prohibition or restriction relating to transfers or other dealings in land.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Creation of charge in agreement","content":"#### 22 Creation of charge in agreement\n\n22 Creation of charge in agreement\n\n> > (1) An AHO housing agreement may provide that land of a registered Aboriginal housing organisation is to be charged with the payment of money that is or may become payable under the AHO housing agreement.\n> \n> > (2) If the land is land to which the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) applies, section 56 of that Act applies in respect of any such charge.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Agreements binding on registered Aboriginal housing organisations","content":"#### 23 Agreements binding on registered Aboriginal housing organisations\n\n23 Agreements binding on registered Aboriginal housing organisations\n\n> > (1) An AHO housing agreement is binding on the registered Aboriginal housing organisation to which it relates.\n> \n> > (2) The AHO may monitor the activities of a registered Aboriginal housing organisation to determine whether it is complying with the terms and conditions of an AHO housing agreement.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Regulations relating to AHO housing agreements","content":"#### 24 Regulations relating to AHO housing agreements\n\n24 Regulations relating to AHO housing agreements\n\n> The regulations may make provision for or with respect to AHO housing agreements.","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Registration of Aboriginal housing organisations","content":"# Part 5 Registration of Aboriginal housing organisations\n\nPart 5 Registration of Aboriginal housing organisations","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Definition of “eligible organisation”","content":"#### 25 Definition of “eligible organisation”\n\n25 Definition of “eligible organisation”\n\n> In this Part—\n> \n> eligible organisation means—\n> \n> > (a) an Aboriginal or Torres Strait Islander corporation (within the meaning of the Commonwealth Act), or\n> \n> > (b) an Aboriginal Land Council (within the meaning of the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042)), or\n> \n> > (c) a body corporate which the AHO is satisfied is controlled, either directly or indirectly, by Aboriginal people or Torres Strait Islanders (or both).","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Registration of Aboriginal housing organisations","content":"#### 26 Registration of Aboriginal housing organisations\n\n26 Registration of Aboriginal housing organisations\n\n> > (1) An eligible organisation may apply to the Aboriginal Housing Office to be registered under this Part.\n> \n> > (2) The form and manner of application is to be determined by the AHO.\n> \n> > (3) The AHO may register an eligible organisation under this Part if the AHO is satisfied that the organisation concerned—\n> > \n> > > (a) provides, or proposes to provide, housing or housing related services for Aboriginal people or Torres Strait Islanders, and\n> > \n> > > (b) is, having regard to such matters as may be determined by the AHO, suitable to be registered.\n> \n> > (4) The matters referred to in subsection (3) may, without limiting that subsection, include the following—\n> > \n> > > (a) the level of the applicant’s involvement in the provision of Aboriginal housing or housing related services,\n> > \n> > > (b) the applicant’s ability to comply with particular standards and targets relating to the delivery of housing or housing related services to Aboriginal people or Torres Strait Islanders.\n> \n> > (5) An applicant for registration must provide such information in connection with the application as the AHO may require.\n> \n> > (6) The regulations may make further provision for or with respect to any matter that relates to the registration of an eligible organisation under this Part.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Revocation of registration","content":"#### 27 Revocation of registration\n\n27 Revocation of registration\n\n> > (1) The registration of a registered Aboriginal housing organisation under this Part may be revoked at any time by the AHO for such reasons as the AHO thinks fit.\n> \n> > (2) Without limiting the generality of subsection (1), the registration of a registered Aboriginal housing organisation may be revoked—\n> > \n> > > (a) if the AHO is satisfied that the organisation concerned has contravened an AHO housing agreement that is binding on the organisation, or\n> > \n> > > (b) at the request of the organisation, or\n> > \n> > > (c) if the organisation is wound up.","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Register of registered Aboriginal housing organisations","content":"#### 28 Register of registered Aboriginal housing organisations\n\n28 Register of registered Aboriginal housing organisations\n\n> > (1) The Aboriginal Housing Office is to keep a register of registered Aboriginal housing organisations.\n> \n> > (2) The register is to be kept in the form and manner determined by the AHO.\n> \n> > (3) The register may include—\n> > \n> > > (a) information that relates to the housing and other property owned by, or under the control of, a registered Aboriginal housing organisation, and\n> > \n> > > (b) such other information, provided by a registered Aboriginal housing organisation at the request of the AHO, as the AHO considers appropriate for inclusion in the register.","sortOrder":35},{"sectionNumber":"Part 6","sectionType":"part","heading":"Management of Aboriginal Housing Office","content":"# Part 6 Management of Aboriginal Housing Office\n\nPart 6 Management of Aboriginal Housing Office","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Ministerial control","content":"#### 29 Ministerial control\n\n29 Ministerial control\n\n> > (1) The Aboriginal Housing Office is, in the exercise of its functions, subject to the control and direction of the Minister.\n> \n> > (2) An approval of the Minister under a provision of this Act may apply generally or be limited to a particular case.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Board of AHO","content":"#### 30 Board of AHO\n\n30 Board of AHO\n\n> > (1) There is to be a Board of the Aboriginal Housing Office.\n> \n> > (2) The Board is to consist of the following members—\n> > \n> > > (a) the agency head or a member of staff of the AHO nominated by the agency head,\n> > \n> > > (b) such Aboriginal persons as are appointed by the Minister.\n> \n> > (3) The number of appointed members is to be determined by the Minister, but is not to be less than 6 nor more than 14.\n> \n> > (4) The Minister may determine the criteria for eligibility for appointment, including by requiring one or more of the appointed members to be nominated for appointment by a relevant body, group or person (such as ATSIC or the New South Wales Aboriginal Land Council).\n> \n> > (5) Of the members appointed by the Minister, one is to be appointed by the Minister as Chairperson of the Board. The person appointed as Chairperson of the Board may be appointed as a full-time or part-time member of the Board.\n> \n> > (6) All other members of the Board appointed by the Minister are to be appointed as part-time members of the Board.\n> \n> > (7) Schedule 1 has effect with respect to the constitution and procedure of the Board.\n> \n> **s 30:** Am 2009 No 96, Sch 1 \\[4\\]; 2015 No 58, Sch 3.1 \\[7\\].","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Functions of Board","content":"#### 31 Functions of Board\n\n31 Functions of Board\n\n> The functions of the Board are as follows—\n> \n> > (a) to determine policies of the Aboriginal Housing Office,\n> \n> > (b) such other functions as may be imposed or conferred on it by or under this or any other Act.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Aboriginal Regional Housing Committees","content":"#### 32 Aboriginal Regional Housing Committees\n\n32 Aboriginal Regional Housing Committees\n\n> > (1) There is to be established an Aboriginal Regional Housing Committee—\n> > \n> > > (a) for each region of the State that is a region under the Commonwealth Act, or\n> > \n> > > (b) for such regions as may be determined by the Board.\n> \n> > (2) The Board is to determine the membership, constitution and procedure of an Aboriginal Regional Housing Committee.\n> \n> > (3) An Aboriginal Regional Housing Committee has the following functions—\n> > \n> > > (a) to advise the Board on Aboriginal housing issues,\n> > \n> > > (b) such other functions as are delegated to the Committee by the Board.\n> \n> Note—\n> \n> The Commonwealth Act provides for the division of Australia into regions for the purposes of the establishment of Regional Councils under that Act.","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Agency head to manage affairs of AHO","content":"#### 33 Agency head to manage affairs of AHO\n\n33 Agency head to manage affairs of AHO\n\n> > (1) The agency head is responsible for the day to day management of the affairs of the Aboriginal Housing Office in accordance with the specific policies and general directions of the Board.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, the AHO by the agency head is taken to have been done by the AHO.\n> \n> **s 33:** Am 2009 No 96, Sch 1 \\[5\\]; 2015 No 58, Sch 3.1 \\[8\\].","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Staff","content":"#### 34 Staff\n\n34 Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the AHO to exercise its functions.\n> \n> Note—\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the AHO makes use of) may be referred to as officers or employees, or members of staff, of the AHO. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the AHO from employing staff.\n> \n> **s 34:** Rep 2006 No 2, Sch 4.1 \\[2\\]. Ins 2015 No 58, Sch 3.1 \\[9\\].","sortOrder":42},{"sectionNumber":"Part 7","sectionType":"part","heading":"Finance","content":"# Part 7 Finance\n\nPart 7 Finance","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Aboriginal Housing Fund","content":"#### 35 Aboriginal Housing Fund\n\n35 Aboriginal Housing Fund\n\n> > (1) There is to be established in the Special Deposits Account an Aboriginal Housing Fund (the Fund) into which is to be paid—\n> > \n> > > (a) all money advanced to the Aboriginal Housing Office by the Treasurer or appropriated by Parliament for the purposes of the AHO, and\n> > \n> > > (b) all money directed or authorised to be paid into the Fund by or under this Act or any other Act, and\n> > \n> > > (c) the proceeds of the investment of money in the Fund, and\n> > \n> > > (d) all money received by the AHO from any other source.\n> \n> > (2) The Fund is to be applied for the purpose of enabling the AHO to exercise its functions.\n> \n> > (3) All expenditure incurred by the AHO, including the salaries of the staff of the AHO who are principally involved in the administration of this Act, is to be paid from the Fund.\n> \n> > (4) The Fund may be applied for the purposes of providing any property, funding or other assistance to a registered Aboriginal housing organisation only with the approval of the Minister.\n> \n> **s 35:** Am 2009 No 96, Sch 1 \\[6\\]; 2015 No 58, Sch 3.1 \\[6\\].","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Investment of money in Fund","content":"#### 36 Investment of money in Fund\n\n36 Investment of money in Fund\n\n> The Aboriginal Housing Office may invest money in the Aboriginal Housing Fund—\n> \n> > (a) if the AHO is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the AHO is permitted to invest money under that Part, or\n> \n> > (b) if the AHO is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Minister with the concurrence of the Treasurer.\n> \n> **s 36:** Subst 2018 No 70, Sch 3.1.","sortOrder":45},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Strategic plan","content":"#### 37 Strategic plan\n\n37 Strategic plan\n\n> > (1) The Aboriginal Housing Office is required to prepare and submit to the Minister a strategic plan in relation to Aboriginal housing—\n> > \n> > > (a) from time to time in accordance with the requirements of any Commonwealth-State agreement relating to the operations of the AHO, or\n> > \n> > > (b) if there are no such requirements—every 3 years.\n> \n> > (2) Each such strategic plan is to be reviewed by the AHO annually and may be revised by the AHO following the review.\n> \n> > (3) A strategic plan, and any revision to a strategic plan, is not to be implemented by the AHO except with the approval of the Minister.","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Personal liability","content":"#### 38 Personal liability\n\n38 Personal liability\n\n> A matter or thing done or omitted to be done by the Aboriginal Housing Office, the Board or a member of the Board, an Aboriginal Regional Housing Committee or a member of such a Committee, the agency head or any person acting under the direction of the AHO, the Board, an Aboriginal Regional Housing Committee or the agency head does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the member of the Board, the member of the Committee, the agency head or the person so acting personally to any action, liability, claim or demand.\n> \n> **s 38:** Am 2000 No 93, Sch 2.1; 2009 No 96, Sch 1 \\[5\\]; 2015 No 58, Sch 3.1 \\[8\\].","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Financial year","content":"#### 39 Financial year\n\n39 Financial year\n\n> > (1) The financial year of the Aboriginal Housing Office is the year commencing on 1 July.\n> \n> > (2) However, the financial year of the Aboriginal Housing Office is to be the annual reporting period (if any) for the Office if the Treasurer has made a determination under section 2.10 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) for that period to be different from the period referred to in subsection (1).\n> \n> **s 39:** Am 2018 No 70, Sch 4.1.","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Seal of AHO","content":"#### 40 Seal of AHO\n\n40 Seal of AHO\n\n> The seal of the Aboriginal Housing Office is to be kept by the agency head, or by a member of staff of the AHO authorised in that behalf by the agency head, and may be affixed to a document only—\n> \n> > (a) in the presence of the agency head or that member of the staff, and\n> \n> > (b) with an attestation by the signature of the agency head or that member of staff of the fact of the affixing of the seal.\n> \n> **s 40:** Am 2009 No 96, Sch 1 \\[5\\] \\[7\\]; 2015 No 58, Sch 3.1 \\[6\\] \\[8\\].","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Recovery of money","content":"#### 41 Recovery of money\n\n41 Recovery of money\n\n> Any charge, fee or money due or payable to the Aboriginal Housing Office may be recovered as a debt in a court of competent jurisdiction.","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Act to bind Crown","content":"#### 42 Act to bind Crown\n\n42 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Regulations","content":"#### 43 Regulations\n\n43 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":null,"content":"#### 44\n\n44 (Repealed)","sortOrder":54},{"sectionNumber":"45","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 45 Savings, transitional and other provisions\n\n45 Savings, transitional and other provisions\n\n> Schedule 3 has effect.","sortOrder":56},{"sectionNumber":"46","sectionType":"section","heading":"Review of Act","content":"#### 46 Review of Act\n\n46 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":57},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Constitution and procedure of Board","content":"# Schedule 1 Constitution and procedure of Board\n\nSchedule 1 Constitution and procedure of Board\n\n(Section 30 (7))\n\n**sch 1:** Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2009 No 96, Sch 1 \\[8\\]; 2015 No 58, Sch 3.1 \\[8\\] \\[10\\].","sortOrder":58},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2003 No 82, Sch 3.","sortOrder":76},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n(Section 45)","sortOrder":77}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the Act’s text, the Act’s substantive scope is to establish and empower the Aboriginal Housing Office to plan, fund, manage and regulate Aboriginal housing programs, including mechanisms to transfer State assets and agreements to the AHO (Schedule 3, cls 3–5). The Act consolidates State housing functions related to Aboriginal housing into the AHO and provides the legal tools to do that (vesting, recordings, AHO agreements). There is no textual indication within the provided material that the statutory scope as enacted was subsequently narrowed or broadened beyond those express powers; the transitional provisions are structural (transfer and vesting) rather than changing the core objects or functions set out in Part 3 (s 3; ss 8–9; Schedule 3)."},"complexity_factors":["Multiple defined terms and cross‑references to other Acts (for example, definitions and references to the Real Property Act, Land Acquisition Act and Government Sector Finance Act) (s 4; s 13; s 21(2); s 36).","Broad discretionary powers for registration, revocation and funding decisions vested in the AHO and the Minister (ss 10, 26–27, 29, 35(4)).","Property‑related legal mechanics that affect title and dealings (s 18: when the AHO is 'taken to have an interest'; s 21: Registrar‑General recording and consent requirement; s 22: creation of charges).","Transitional transfer and vesting mechanics that operate by Ministerial order and vest assets/rights/liabilities in the AHO without conveyance (Schedule 3, cls 3–6), including non‑inquiry rule for Registrar‑General (s 21(7)).","Contractual complexity in AHO housing agreements (standard form, regulatory terms, conditions creating options, payments, charges and monitoring powers) (ss 19–23).","Governance layering: Ministerial control, a Board with prescribed composition and appointment/removal rules, agency head operational duties, and Regional Committees (ss 29–33; Schedule 1).","Finance rules: creation of a dedicated fund, conditions on expenditure, investment rules tied to Government Sector Finance Act or Minister/Treasurer concurrence (ss 35–36).","Delegation and agency arrangements permitting sub‑delegation and use of external agents to exercise functions (ss 15, 17).","Regulatory and reporting obligations including strategic planning, annual review and Ministerial approval before implementation (s 37).","Potential interactions with private third parties and markets (effect on mortgages, sales, and lenders where AHO interests or charges are recorded) (ss 20–22, s 21)."],"plain_english_summary":"What this law does (mechanically)\n\n- Establishes the Aboriginal Housing Office (AHO) as a statutory body representing the Crown (ss 6–7).  The Act sets out the AHO’s objects (access to affordable, culturally appropriate housing; priority to those most in need; support for Aboriginal control and employment; accountability and coordination) (s 3).\n\n- Gives the AHO core functions to plan, deliver and evaluate housing programs for Aboriginal people and Torres Strait Islanders; to coordinate with other agencies; to advise the Minister; and to promote Aboriginal employment in housing delivery (s 8).\n\n- Creates a funding and delivery framework in which the AHO may provide money, property and other assistance to registered Aboriginal housing organisations, may construct or transfer housing, and may provide rental housing and rental subsidies (ss 9–11).  The AHO must normally enter an agreement with a registered organisation before providing funding, land or other assistance (s 10).\n\n- Authorises the AHO to own, manage, develop, acquire (including by compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991), lease, sell or otherwise deal with property and related infrastructure; and to accept gifts or bequests (ss 12–14, 13(1), 14(1)).\n\n- Establishes a registration regime for organisations that will receive AHO assistance: defines eligible organisations (s 25), sets application, suitability and information requirements (s 26), allows the AHO to revoke registration (s 27), and requires the AHO to keep a register of registered organisations (s 28).\n\n- Provides that AHO housing agreements may be standard form, impose standards and targets on registered organisations, and include conditions about land in which the AHO is taken to have an interest (ss 19–20, 18).  Such conditions can include options to reacquire land, requirements to pay sums if options are not exercised, and the creation of charges over land (ss 20–22).\n\n- Gives the AHO power to ask the Registrar‑General to record that particular land is subject to the AHO’s consent requirement, and to require the AHO’s consent (or an exempt transaction) before the land can be registered for transfer or other dealings (s 21).  The Registrar‑General is not to inquire into whether the AHO has an interest in the land or into agreement terms when making that recording (s 21(7)).\n\n- Sets up governance and oversight: the AHO is subject to Ministerial control (s 29); a Board determines AHO policies and is composed of the agency head (or nominee) plus appointed Aboriginal members (s 30); the agency head manages day‑to‑day affairs (s 33); Regional Housing Committees advise the Board (s 32); Board procedure, disclosure and appointment rules are in Schedule 1.\n\n- Establishes the Aboriginal Housing Fund in the Special Deposits Account to receive appropriations, advances and other receipts, and to fund the AHO’s expenditure; spending for assistance to registered organisations requires the Minister’s approval (s 35).  The AHO may invest Fund money under rules tied to the Government Sector Finance Act or with Minister/Treasurer concurrence (s 36).\n\n- Requires a strategic plan every three years (or in accordance with Commonwealth‑State agreement), annual review of the plan, and Ministerial approval before implementation (s 37).\n\n- Provides indemnities for Board members, committee members and officers acting in good faith (s 38), sets the financial year and seal rules (ss 39–40), and permits recovery of debts due to the AHO as a court action (s 41).  The Governor may make regulations under the Act (s 43).\n\n- Includes transitional provisions enabling the Minister to transfer to the AHO State assets, rights and liabilities relating to Aboriginal housing, to vest them in the AHO without conveyance, to treat existing State housing agreements as AHO housing agreements, and to confirm those transfers in writing; duties are not payable in respect of transfers under those provisions (Schedule 3, cls 3–10, 5–8).\n\nWho is affected\n\n- Aboriginal people and Torres Strait Islanders who are potential recipients of housing assistance (objects, s 3; definitions, s 4).\n- Eligible organisations that seek registration and funding from the AHO (ss 25–26).  Registered Aboriginal housing organisations are directly affected by AHO housing agreements and any conditions that attach to land in which the AHO has an interest (Part 4; ss 18–23).\n- State agencies that hold housing assets or agreements that may be transferred to the AHO under the transitional provisions (Schedule 3, cls 3–4).\n- Land title processes and third parties dealing with land subject to AHO recordings (s 21).\n\nWho pays and who decides\n\n- Money comes from Treasurer advances or parliamentary appropriation into the Aboriginal Housing Fund and from other receipts credited to the Fund (s 35(1)).  The Fund pays AHO expenditure and staff costs (s 35(2)–(3)).  Providing property, funding or other assistance to a registered organisation requires Ministerial approval (s 35(4), s 9(2), s 10(2)).\n\n- Decisions about registration, revocation, terms of AHO housing agreements, requirements to meet standards and targets, and conditions attaching to land are made by the AHO (ss 19, 23, 26–27).  The Minister has statutory control over the AHO and a number of specific approval powers (s 29).  The Board determines AHO policy (s 31) and the agency head manages operations subject to Board directions (s 33).\n\nCompliance burden, discretion and operational levers\n\n- Registered organisations must enter AHO housing agreements before receiving most kinds of assistance (s 10) and may be required to comply with standards, targets and reporting or provide information for the register (ss 19, 26, 28).\n\n- The AHO has broad discretionary registration and revocation powers (s 26(3); s 27(1)).  The Minister’s approval powers (s 29, s 35(4), s 10(2)) and the Board appointment/removal powers (s 30; Schedule 1) concentrate statutory decision‑making in executive hands.\n\n- The AHO can create encumbrances, charges and reacquisition rights over land acquired or improved with AHO involvement (ss 18, 20–22).  The Registrar‑General recording mechanism (s 21) prevents registration of transfers unless the AHO’s consent is endorsed or the transaction is exempted and the Registrar‑General is not to inquire into the AHO’s interest (s 21(7)).\n\nCosts, incentives, trade‑offs and implementation risks (mechanisms cited)\n\n- Public cost and allocation: the Fund finances the AHO’s activities and assistance (s 35).  Allocations to particular registered organisations are subject to AHO/Minister discretion (s 9; s 35(4)).  That creates a mechanism by which public resources are concentrated on registered organisations chosen by the AHO/Minister.\n\n- Conditionality and incentives for registered organisations: AHO housing agreements can require meeting standards/targets and can attach financial consequences or reacquisition options if land is not used as intended (ss 19–20).  Those contract terms create incentives for compliance but also impose contractual and operational constraints on registered organisations.\n\n- Effects on land markets and private dealings: where the AHO is taken to have an interest under s 18 and obtains a Registrar‑General recording under s 21, transfers and other dealings in that land require AHO consent or are limited to exempt transactions (s 21).  The Act also permits creation of charges over land to secure payment of money under an AHO housing agreement (s 22).  These mechanisms can affect the ability of owners to sell, mortgage or otherwise deal with title.\n\n- Transfer and vesting mechanics: Schedule 3 allows the Minister to transfer State assets, rights and liabilities to the AHO and to vest them in the AHO by order without conveyance (Schedule 3, cls 3–6).  Proceedings and rights that existed before transfer continue by or against the AHO (Schedule 3, cl 5(1)(c)–(d)).  The order may be subject to terms and conditions (Schedule 3, cl 3(4)).  These features accelerate consolidation of State housing functions into the AHO but shift legal relationships to the AHO without separate transactions.\n\n- Administrative and compliance burdens: registered organisations must provide information, submit to monitoring, and may be subject to revocation of registration for contraventions (ss 26–28, 23).  The AHO may also delegate functions to agents and staff (s 15, s 17), which affects how compliance and monitoring are implemented.\n\n- Implementation risk and discretion: wide delegations and non‑justiciable ministerial approvals (s 29; s 17) mean many practical outcomes depend on executive choices.  The Registrar‑General is not to investigate the AHO’s interest when recording an entry (s 21(7)), which reduces administrative checks on the AHO’s encumbrance powers.\n\nWhy it matters (stated purpose then tested against mechanics)\n\n- The Act states its purpose is to ensure access to affordable, culturally appropriate housing for Aboriginal people and Torres Strait Islanders, to give priority to those most in need, to enhance Aboriginal roles in policy and delivery, and to ensure accountability and sustainable employment opportunities (s 3).  Mechanically, the Act creates a single statutory body (the AHO), a dedicated Fund, a registration and agreement regime for partner organisations, property powers including recorded consent requirements, and Ministerial and Board governance controls to deliver that purpose (ss 6–11, 18–23, 29–36).\n\n- Trade‑offs inherent in these mechanics include centralising funding and property control in an executive‑accountable statutory body (which can streamline delivery and attach conditions), while imposing registration, consent and reporting requirements on partner organisations (which can restrict commercial freedom to deal with land and create compliance costs) (ss 9–11, 19–21, 26–28, 35).\n\n- Concentrated benefits and discretion: the legal instruments that deliver resources (AHO housing agreements, transfers of State assets, Ministerial approval and Board appointments) concentrate decision‑making over who receives funding and on what terms in the AHO and the Minister (ss 9–10, Schedule 3 cls 3–5, s 29).  This is a direct product of the statutory design rather than an inferred motive.\n\nKey practical points to watch in implementation\n\n- Which State assets, agreements and liabilities are transferred to the AHO under Schedule 3 orders and under what terms (Schedule 3, cls 3–5, 10).\n- The content of standard AHO housing agreements, including reacquisition options, payment formulas and what transactions are exempted (ss 19–21).\n- How the Registrar‑General recordings under s 21 are used and whether financial institutions or purchasers are impacted when land is subject to AHO consent requirements (s 21).\n- The AHO’s policies and Ministerial approvals for use of the Fund and investment of Fund monies (ss 35–36, s 37 for strategic plan approval).\n\nSource citations: the summary is grounded in the Act’s provisions as noted above (see in particular ss 3–13, 15–23, 25–28, 29–37, Schedule 1, Schedule 3)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original 1998 intent. While there have been amendments (noted in section histories), these appear to be machinery updates (e.g., references to updated Public Service Acts, Government Sector Finance Act 2018) rather than scope expansion. The core framework — creating the AHO, establishing the registration system for Aboriginal housing organisations, and protecting public housing investments — remains intact."},"complexity_factors":["Moderate length (46 sections plus 3 schedules) with substantial administrative detail","18 defined terms in section 4, including nested definitions for 'Aboriginal person' and 'Torres Strait Islander' requiring community acceptance","Cross-references to 8+ other Acts including Commonwealth legislation (Aboriginal and Torres Strait Islander Commission Act), Real Property Act, Land Acquisition Act, and various finance Acts","Conditional logic in land dealings: section 21 creates a three-tier consent system (AHO consent, exempt transaction, or agreement exclusion) with Registrar-General recording requirements","Transitional provisions in Schedule 3 with complex vesting mechanics for pre-existing housing agreements and assets transferred from other government agencies","Dual governance structure requiring understanding of relationship between Minister, Board, agency head, and Regional Housing Committees","Property law mechanisms including charges, caveats, and options to reacquire land embedded in housing agreements (sections 18-22)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Aboriginal Housing Office (AHO)** — a government body that plans, funds, and delivers housing programs specifically for Aboriginal people and Torres Strait Islanders in New South Wales. It also sets up a system to register and fund Aboriginal-controlled housing organisations.\n\n**Who it affects:**\n\n- **Aboriginal people and Torres Strait Islanders** seeking affordable, culturally appropriate housing\n- **Registered Aboriginal housing organisations** — community-controlled groups that receive funding and property from the AHO to manage housing\n- **The AHO itself** — including its Board (mostly Aboriginal community representatives), staff, and regional committees\n\n**Key things the law covers:**\n\n- **Housing assistance:** The AHO plans, delivers, and evaluates housing programs, including rental subsidies and direct leasing of properties\n- **Funding community organisations:** The AHO can give money, land, and buildings to registered Aboriginal housing organisations, but must usually sign a formal agreement first (called an \"AHO housing agreement\")\n- **Protecting public investment:** If the AHO gives land or money for housing, it keeps a legal interest in that land. The AHO can block sales or transfers without its consent, and can recover property if organisations misuse it or lose their registration\n- **Registration system:** Aboriginal-controlled corporations and Land Councils can apply to become \"registered Aboriginal housing organisations\" to receive AHO support\n- **Governance:** The AHO is controlled by a Board with at least 6 Aboriginal community members (appointed by the Minister), plus a senior public servant. The Board sets policy; day-to-day management is handled by a senior public servant (the \"agency head\")\n- **Funding:** All money flows through a dedicated \"Aboriginal Housing Fund\" — government appropriations, investments, and any other revenue\n\n**Why it matters:**\n\nThis law recognises that mainstream housing programs often don't meet the specific cultural and social needs of Aboriginal communities. It puts Aboriginal people in key decision-making roles (through the Board and regional committees) and prioritises housing for those \"most in need.\" It also ensures that when public money is used to buy or build housing for Aboriginal communities, that investment is protected and stays in community hands."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the Act's scope has drifted from its original intent. The document contains only version history and status information. Based on the multiple amendments over time, scope adjustments are possible but cannot be confirmed from the available text."},"complexity_factors":["The document provided contains only administrative/metadata content, not the substantive legal provisions, making full complexity assessment impossible","The Act has been amended at least 9 times over 23 years, suggesting accumulated layers of change that could create interpretive complexity","Intersection of Indigenous affairs policy, housing law, and administrative/governance law adds subject-matter complexity","The Act likely involves a statutory body (the Aboriginal Housing Office) with its own governance rules, which typically adds structural complexity","Limited to NSW jurisdiction, which reduces cross-jurisdictional complexity"],"plain_english_summary":"## Aboriginal Housing Act 1998 (NSW)\n\n**What is this?**\nThis is a New South Wales law from 1998 that deals with housing for Aboriginal people. The document provided, however, is essentially just the **administrative shell** of the Act — the status page, version history, and metadata — rather than the actual substantive content (the sections, rules, and obligations) of the legislation itself.\n\n**What we can tell from this document:**\n- The Act has been in force since 1998 and has been updated multiple times, most recently on **1 July 2021**\n- It falls under the responsibility of the **Minister for Housing** in NSW\n- It has gone through at least **9 versions** over its life, suggesting it has been amended regularly\n\n**What the Act likely does (based on its title and context):**\nBased on publicly available information about this Act, it established the **Aboriginal Housing Office** — a government body responsible for managing and improving housing for Aboriginal and Torres Strait Islander people in NSW. It sets out how that office is governed, funded, and what powers it has.\n\n**Who does it affect?**\n- Aboriginal and Torres Strait Islander people in NSW seeking housing support\n- The Aboriginal Housing Office and its board members\n- NSW Government housing administrators\n\n⚠️ **Important note:** The full text of the Act's operative provisions (the actual rules and rights) was not included in the document provided. This analysis is limited by that absence."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-housing-act-1998","history":"/api/acts/aboriginal-housing-act-1998/history","analysis":"/api/acts/aboriginal-housing-act-1998/analysis","conflicts":"/api/acts/aboriginal-housing-act-1998/conflicts","importantCases":"/api/acts/aboriginal-housing-act-1998/important-cases","documents":"/api/acts/aboriginal-housing-act-1998/documents"}}