{"id":"nsw:sl-2023-0465","name":"Community Housing Providers (Adoption of National Law) Regulation 2023","slug":"community-housing-providers-adoption-of-national-law-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"465 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175976,"registerId":"nsw-nsw:sl-2023-0465-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Community Housing Providers (Adoption of National Law) Regulation 2023](/view/html/inforce/current/sl-2023-0465).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Community Housing Providers (Adoption of National Law) Regulation 2018](/view/html/repealed/current/sl-2018-0385), which would otherwise be repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > In this regulation—\n> > \n> > the Act means the [Community Housing Providers (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-059).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Housing Agencies","content":"#### 4 Housing Agencies\n\n4 Housing Agencies\n\n> For the Act, section 4(2), definition of Housing Agency, paragraph (c), the Aboriginal Housing Office is prescribed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Community Housing Providers (Adoption of National Law) Regulation 2018](/view/html/repealed/current/sl-2018-0385) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Community Housing Providers (Adoption of National Law) Regulation 2018](/view/html/repealed/current/sl-2018-0385), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This regulation maintains the exact same scope as its predecessor. It is a direct remake of the 2018 regulation to prevent automatic expiry under the Subordinate Legislation Act 1989. The only substantive content — prescribing the Aboriginal Housing Office as a Housing Agency — was already in the 2018 version. There is no expansion of scope or purpose."},"complexity_factors":["Extremely short: only 5 sections","Only 1 defined term ('the Act')","No cross-references to other legislation beyond basic interpretation acts and the parent Act","No conditional logic, exceptions, or nested provisions","Straightforward repeal and replacement with simple savings provision","Single substantive provision (section 4) prescribing one entity"],"plain_english_summary":"This regulation is a short, technical piece of New South Wales law that supports the national scheme for regulating community housing providers (organisations that provide affordable rental housing to people on low incomes).\n\n**What it does:**\n- **Replaces an old regulation** that was about to expire automatically under NSW's 10-year sunset clause for subordinate legislation (the 2018 version would have been repealed on 1 September 2023).\n- **Preserves existing arrangements** — anything that was legally valid under the old 2018 regulation continues to be valid under this new one (this is called \"savings\").\n- **Names the Aboriginal Housing Office** as a \"Housing Agency\" for the purposes of the main Act. This matters because Housing Agencies have specific roles and powers under the national community housing law.\n\n**Who it affects:**\n- Community housing providers operating in NSW\n- The Aboriginal Housing Office (which is now formally recognised as a Housing Agency)\n- Tenants in community housing (indirectly, through the regulatory framework)\n\n**Why it matters:**\nWithout this regulation, the 2018 rules would have disappeared, potentially creating a gap in how community housing is regulated. This ensures continuity of the national regulatory scheme in NSW and formally includes the Aboriginal Housing Office in the framework, recognising its important role in providing housing for Aboriginal and Torres Strait Islander people."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available metadata, the regulation appears to serve its stated purpose of adopting the National Law framework for community housing providers in NSW without evident scope creep. The regulation appears narrowly targeted at that adoption function, consistent with its title and the staged repeal timeline suggesting it is a transitional or implementing instrument."},"complexity_factors":["Involves intergovernmental 'National Law' framework requiring understanding of how states adopt uniform national schemes","Sits within a layered legal structure (subordinate legislation under a parent Act, which itself adopts a national scheme)","Automatic staged repeal mechanism adds a temporal compliance consideration","Full substantive provisions were not available in the source text, limiting definitive analysis","Community housing regulation intersects with tenancy law, corporate governance, and social policy"],"plain_english_summary":"The regulation brings NSW into a nationally consistent regulatory framework for community housing providers, setting the legal basis for registration, oversight and standards that affect providers, tenants, regulators and investors.  \n\nIt matters because it replaces patchwork state rules with uniform requirements for governance, finance and tenant services — and it will automatically expire on 1 September 2028 unless renewed."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation repeals the 2018 instrument and preserves its existing legal effects (s 5). It adds an express prescription naming the Aboriginal Housing Office as a 'Housing Agency' (s 4) and commences on publication (s 2). These are continuity and clarifying changes rather than an expansion or narrowing of the Act's substantive scope."},"complexity_factors":["Very short instrument with three operative provisions (commencement, definition reference, prescription of one agency).","Repeals and saves prior regulation (s 5), creating continuity rather than novel legal rules.","Commencement on publication (s 2) simplifies implementation timing.","Direct prescription of a single entity as a 'Housing Agency' (s 4) — low substantive change but legally significant designation.","Reliance on external Acts for definitions and operation (Community Housing Providers (Adoption of National Law) Act 2012; Interpretation Act 1987) introduces cross‑reference complexity."],"plain_english_summary":"This regulation replaces the 2018 adoption instrument, takes effect on publication, and carries forward any legal effects that existed under the repealed regulation. It prescribes the Aboriginal Housing Office as a 'Housing Agency' under the Community Housing Providers (Adoption of National Law) Act 2012, so that office is treated as a housing agency for purposes of that Act. The practical effect is administrative: who is formally recognised as a housing agency is clarified and existing rights and obligations continue."}},"importantCases":[],"_links":{"self":"/api/acts/community-housing-providers-adoption-of-national-law-regulation-2023","history":"/api/acts/community-housing-providers-adoption-of-national-law-regulation-2023/history","analysis":"/api/acts/community-housing-providers-adoption-of-national-law-regulation-2023/analysis","conflicts":"/api/acts/community-housing-providers-adoption-of-national-law-regulation-2023/conflicts","importantCases":"/api/acts/community-housing-providers-adoption-of-national-law-regulation-2023/important-cases","documents":"/api/acts/community-housing-providers-adoption-of-national-law-regulation-2023/documents"}}