{"id":"community-housing-providers-national-law-south-australia-regulations-2014","name":"Community Housing Providers (National Law) (South Australia) Regulations 2014","slug":"community-housing-providers-national-law-south-australia-regulations-2014","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235308,"registerId":"sa-community-housing-providers-national-law-south-australia-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Community Housing Providers (National Law) (South Australia) Regulations 2014","content":"South Australia\nCommunity Housing Providers (National Law) (South Australia) Regulations 2014\nunder the Community Housing Providers (National Law) (South Australia) Act 2013\n\nContents\n1\tShort title\n3\tInterpretation\n5\tAppeal period\n6\tTransitional provisions\n7\tTransitional provisions—making of charges under substitute agreements\n8\tTransitional provisions—recognition of SAHT rights of action\n9\tTransitional provisions—transitioning housing associations and corresponding entities\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Community Housing Providers (National Law) (South Australia) Regulations 2014.\n3—Interpretation\nIn these regulations—\nAct means the Community Housing Providers (National Law) (South Australia) Act 2013;\nSACCH Act means the South Australian Co-operative and Community Housing Act 1991.\n5—Appeal period\nFor the purposes of Schedule 2 clause 4(2)(a) of the Act the prescribed period is 30 days from the day on which the person receives written notice of the decision of the community housing provider.\n6—Transitional provisions\n\t(1)\tDuring the transitional period, a reference to a community housing provider registered under the Community Housing Providers National Law in any Act, other than the Community Housing Providers (National Law) (South Australia) Act 2013, or in any other regulations, will, in respect of a transitioning housing co‑operative or a transitioning housing association, be taken to include a reference to a housing co‑operative or a housing association registered under the South Australian Co-operative and Community Housing Act 1991 immediately before the repeal of that Act by the Community Housing Providers (National Law) (South Australia) Act 2013.\n\t(2)\tThe following provisions apply if the Community Housing Providers (National Law) (South Australia) Act 2013 commences before the commencement of section 4(4) of the Residential Tenancies (Miscellaneous) Amendment Act 2013:\n\t(a)\ta reference to a registered housing co‑operative in the Residential Tenancies Act 1995 will be taken to be—\n\t(i)\ta reference to a community housing provider registered under the Community Housing Providers National Law; or\n\t(ii)\tin respect of a transitioning housing co-operative or transitioning housing association—a reference to a housing co-operative or housing association registered under the South Australian Co-operative and Community Housing Act 1991 immediately before the repeal of that Act by the Community Housing Providers (National Law) (South Australia) Act 2013;\n\t(b)\ta reference to a member of a co‑operative in the Residential Tenancies Act 1995 will be taken to be—\n\t(i)\ta reference to a member of a community housing provider registered under the Community Housing Providers National Law; or\n\t(ii)\tin respect of a transitioning housing co‑operative or transitioning housing association—a reference to a member of a housing co‑operative or housing association registered under the South Australian Co-operative and Community Housing Act 1991 immediately before the repeal of that Act by the Community Housing Providers (National Law) (South Australia) Act 2013.\n\t(3)\tIn this regulation—\ntransitional period has the same meaning as in Schedule 3 Part 4 of the Act;\ntransitioning housing association has the same meaning as in Schedule 3 Part 4 of the Act;\ntransitioning housing co-operative has the same meaning as in Schedule 3 Part 4 of the Act.\n7—Transitional provisions—making of charges under substitute agreements\nFor the purposes of clauses 15(11)(d) and 16(5)(d) of Schedule 3 of the Act, and regulation 9, a notice to the Registrar‑General—\n\t(a)\tmust be in the same form as a notice under section 22(2) of the Act (subject to such modifications as the Registrar‑General, in the Registrar‑General's discretion, requires); and\n\t(b)\tmust be accompanied by such documents or instruments as the Registrar‑General may require.\n8—Transitional provisions—recognition of SAHT rights of action\nIn connection with clauses 15(15) and 16(7) of Schedule 3 of the Act, the provisions of the SACCH Act that continue to apply under those clauses will apply in relation to SAHT so as to preserve any right (or prospective right) of action, enforcement or recovery, and so as to allow SAHT to take any other step or action, envisaged by those provisions of the SACCH Act.\n9—Transitional provisions—transitioning housing associations and corresponding entities\n\t(1)\tIn addition to the provisions of clause 16 of Schedule 3 of the Act, if an entity (a corresponding entity)—\n\t(a)\tis an entity that, by virtue of an order of the Commission under section 42 of the Associations Incorporation Act 1985, has taken over the undertaking of a transitioning housing association; or\n\t(b)\tis an entity that is recognised by the Minister by notice in the Gazette as an entity that has taken over, or that is to take over, the undertaking (or part of an undertaking) of a transitioning housing association,\nthen the following provisions of this regulation apply in respect of that transitioning housing association (and the corresponding entity).\n\t(2)\tIf part of the undertaking of a transitioning housing association referred to in subregulation (1) (and transferred to the corresponding entity) included premises subject to a statutory charge, the charge will be taken to be a charge under section 22 of the Act (over the same real property and with the same ranking) by force of this regulation.\n\t(3)\tIf—\n\t(a)\ta transitioning housing association referred to in subregulation (1) has been a party to an agreement with SAHT under Part 7 Division 3 of the SACCH Act; and\n\t(b)\tthe agreement has not been replaced by a community housing agreement under the Act between SAHT and the corresponding entity, or otherwise brought to an end by agreement with SAHT, by the end of the transitional period,\nthe agreement under Part 7 Division 3 of the SACCH Act is voidable at the option of SAHT.\n\t(4)\tIf SAHT avoids an agreement under subregulation (3), SAHT may—\n\t(a)\ttake steps to enforce any relevant charge under Part 7 Division 4 of the SACCH Act; and\n\t(b)\trecover any outstanding amount, together with compensation for any loss or expenses suffered or incurred by SAHT from the corresponding entity.\n\t(5)\tA right of recovery under subregulation (4) is exercised as follows:\n\t(a)\tin the case of subregulation (4)(a), the right is against any assets that form part of the undertaking of the transitioning housing association held by the corresponding entity at the time that SAHT avoids the relevant agreement (notwithstanding the dissolution of the housing association);\n\t(b)\tin the case of subregulation (4)(b), the right is a right to sue for a debt due to SAHT by the corresponding entity by action in a court of competent jurisdiction.\n\t(6)\tIn addition to the preceding subregulations, if—\n\t(a)\ta community housing agreement is entered into between SAHT and a corresponding entity; and\n\t(b)\tSAHT declares that the agreement is in substitution for an agreement with a transitioning housing association under Part 7 Division 3 of the SACCH Act; and\n\t(c)\ta charge is to be imposed under section 22 of the Act over real property that was subject to the agreement with the transitioning housing association in substitution for a statutory charge; and\n\t(d)\tSAHT gives notice to the Registrar‑General in accordance with regulation 7,\nthe charge under section 22 will, when it is imposed, rank in the same place as the statutory charge has ranked over the relevant real property (and the Registrar‑General may make such alterations or notations with respect to the Register Book to take into account the operation of this subregulation).\n\t(7)\tThe SACCH Act will, despite its repeal by the Act, continue to apply to and in relation to the transitioning housing association despite the housing association being dissolved and, where relevant to the corresponding entity.\n\t(8)\tIn addition, despite the housing association being dissolved, or ceasing to be registered under the SACCH Act, the following provisions of the SACCH Act will continue to apply in relation to the housing association or, if relevant, the corresponding entity:\n\t(a)\tsection 49, insofar as the Minister may require the furnishing of a final return;\n\t(b)\tPart 7, subject to the operation of a preceding provision of this regulation;\n\t(c)\tParts 8 and 12, insofar as is relevant to—\n\t(i)\tany matter or circumstance that occurred before the dissolution or registration came to an end; or\n\t(ii)\tthe operation of this regulation;\n\t(d)\tSchedules 1 and 2, insofar as is relevant to the operation of this regulation.\n\t(9)\tIn this regulation—\nCommission means the Corporate Affairs Commission;\nstatutory charge means a charge imposed under section 65 of the SACCH Act;\ntransitional period has the same meaning as in Schedule 3 Part 4 of the Act;\ntransitioning housing association has the same meaning as in clause 16 of Schedule 3 of the Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2014\n35\nGazette 6.2.2014 p593\n1.4.2014: r 2\n2015\n16\nGazette 5.3.2015 p887\n29.3.2015: r 2\n2015\n191\nGazette 30.7.2015 p3679\n30.7.2015: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n29.3.2015\nr 3\n\n\nSACCH Act\ninserted by 191/2015 r 4\n30.7.2015\nr 4\ndeleted by 16/2015 r 4\n29.3.2015\nrr 7—9\ninserted by 191/2015 r 5\n30.7.2015\nSch 1\ndeleted by 16/2015 r 5\n29.3.2015\nHistorical versions\n29.3.2015\n\n","sortOrder":0}],"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations do not expand the substantive regulatory scope; they provide transitional mechanisms to preserve existing rights, convert or recognise statutory charges, and allocate enforcement and recovery powers during the move from the SACCH Act to the Community Housing Providers National Law framework. They clarify who may be liable and who exercises administrative discretion but do not create new long‑term regulatory powers beyond transitional operation."},"complexity_factors":["Extensive cross‑referencing to the Act, Schedule 3 and the repealed SACCH Act creates reliance on external texts to understand full effect","Multiple transitional definitions (transitioning housing association/co‑operative, transitional period) meaning operation depends on timing and status","Discretion granted to the Registrar‑General over notice forms and accompanying documents increases administrative variability and compliance uncertainty","Continuation of specific provisions of a repealed statute (SACCH Act) for certain entities introduces legal layering and potential interpretive conflicts","Interactions with other statutes (Residential Tenancies Act, Associations Incorporation Act) require reading across instruments to determine who is affected","Property‑law consequences (treatment and ranking of statutory charges, imposition of charges under s22) add technical registration and priority implications","Mechanisms for voiding legacy agreements and recovering debts against successor entities create contingent liabilities for corresponding entities"],"plain_english_summary":"These regulations set out transitional rules for moving South Australian co‑operative and community housing into the national community housing framework. They fix a 30‑day appeal period, require Registrar‑General‑approved notice forms and documents for replacing agreements, preserve pre‑existing statutory charges and SAHT rights, and provide routes for successor entities to assume or be charged with liabilities.\n\nMechanically: SAHT and the Registrar‑General hold key discretions (voiding or enforcing legacy agreements, declaring substitute community housing agreements, and registering replacement charges). Successor entities may inherit debts, enforcement risk and administrative compliance costs."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — no legislative text was available for analysis due to a broken URL. The page appears to have become inaccessible following a website restructure on 24 March 2026."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"This regulation implements the National Law framework for registering and regulating community housing providers in South Australia — setting out how not‑for‑profit housing organisations are recognised, the performance and reporting standards they must meet, and related registration fees and compliance obligations.\n\nIt affects community housing organisations, their tenants, and SA housing regulators. (Note: the official link returned a 404 error and the full text should be searched on legislation.sa.gov.au.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: facilitating South Australia's transition to the national community housing regulatory framework. The amendments in 2015 (inserting regulations 7-9 and the SACCH Act definition) filled gaps in the original transitional arrangements regarding property charges and SAHT rights, but did not expand the scope beyond transitional technicalities."},"complexity_factors":["Heavy reliance on defined terms imported from the parent Act (Schedule 3, Part 4) and the repealed SACCH Act, creating a web of cross-referenced definitions","Nested conditional logic in regulation 6 with multiple sub-paragraphs (i) and (ii) operating in the alternative depending on timing of commencement","Regulation 9 contains 8 subregulations with complex transitional arrangements for 'corresponding entities' involving preservation of statutory charges, voidable agreements, and debt recovery mechanisms","Multiple temporal conditions ('during the transitional period', 'immediately before the repeal', 'by the end of the transitional period')","Interaction between three legislative instruments: the National Law (applied in SA), the SA Act 2013, and the repealed SACCH Act 1991","Technical property law concepts (statutory charges, ranking of charges, Registrar-General notations) requiring familiarity with land titles registration"],"plain_english_summary":"These regulations support South Australia's adoption of a national scheme for regulating community housing providers (organisations that provide affordable rental housing). They handle the technical details of switching from South Australia's old state-based system to the new national system.\n\n**Key things this legislation does:**\n\n*   **Sets the appeal deadline:** If a community housing provider makes a decision affecting someone, that person has **30 days** to appeal after receiving written notice.\n\n*   **Manages the transition period:** When the old South Australian housing laws were repealed and replaced with the national law, these regulations ensured existing housing co-operatives and associations didn't fall through the cracks. During the transition, references to 'registered community housing providers' in other laws are read to include the old state-registered organisations.\n\n*   **Protects SAHT's rights:** The South Australian Housing Trust (SAHT) is the main government housing body. These regulations ensure SAHT doesn't lose its legal rights—like the ability to recover debts or enforce charges—when housing associations transfer their operations to new entities or dissolve.\n\n*   **Handles property charges:** When old agreements between SAHT and housing associations are replaced with new 'community housing agreements' under the national law, these regulations ensure that any mortgages or charges over property keep their original priority ranking (so SAHT's security interest isn't downgraded).\n\n*   **Deals with 'corresponding entities':** If a housing association's operations are taken over by another organisation (a 'corresponding entity'), these regulations spell out what happens to existing agreements, debts, and property charges.\n\n**Who it affects:** Community housing providers (housing co-operatives and associations), the South Australian Housing Trust, tenants in community housing, and the Registrar-General (who handles property titles)."}},"importantCases":[],"_links":{"self":"/api/acts/community-housing-providers-national-law-south-australia-regulations-2014","history":"/api/acts/community-housing-providers-national-law-south-australia-regulations-2014/history","analysis":"/api/acts/community-housing-providers-national-law-south-australia-regulations-2014/analysis","conflicts":"/api/acts/community-housing-providers-national-law-south-australia-regulations-2014/conflicts","importantCases":"/api/acts/community-housing-providers-national-law-south-australia-regulations-2014/important-cases","documents":"/api/acts/community-housing-providers-national-law-south-australia-regulations-2014/documents"}}