{"id":"a-2007-8","name":"Housing Assistance Act 2007","slug":"housing-assistance-act-2007","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23728,"registerId":"act-a-2007-8-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Housing Assistance Act 2007","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHousing Assistance Act 2007\nA2007-8\nRepublication No 19\nEffective: 16 December 2025\nRepublication date: 16 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Housing Assistance Act 2007 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 December 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n16 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHousing Assistance Act 2007\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\nPart 2 Objects and important concepts\n6 Objects of Act 3\n7 What is housing assistance? 4\n8 When is someone eligible for housing assistance? 4\nPart 3 Housing Commissioner\n9 Housing commissioner—establishment 5\n10 Housing commissioner—powers generally 5\n11 Housing commissioner—functions 5\n12 Housing commissioner—no power for contracts of employment 6\n\nContents\nPage\ncontents 2 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Limits on housing commissioner—joint ventures 6\n14 Notice of joint ventures 7\n15 Limit on housing commissioner—large contracts 7\n16 Housing commissioner—Ministerial directions 8\n17 Housing commissioner—delegation 8\nPart 4 Housing assistance programs\n18 What is a housing assistance program? 9\n19 Approved housing assistance programs 9\n20 Approved housing assistance programs—determinations 9\n21 Approved housing assistance programs—operational guidelines 10\n22 Approved housing assistance programs—market rent 10\n23 Approved housing assistance programs—rent review 11\n24 Housing assistance applicants—requirement for further information 11\n25 Housing assistance recipients—requirement for information 12\nPart 4A Affordable and community housing programs\n25A Definitions—pt 4A 14\n25B Housing commissioner etc may give assistance to registered\ncommunity housing provider 14\n25C Affordable and community housing programs—housing commissioner\nto report to Minister 15\nPart 4B Official visitors\n25V Meaning of official visitor etc 16\n25W Official visitors must give notice of visit 16\nPart 5 Protection of information\n28 Meaning of protected information—pt 5 18\nPart 6 Commonwealth-Territory funding agreements\n30 What is a Commonwealth-Territory funding agreement? 20\n31 Notification of Commonwealth-Territory funding agreements 20\nPart 6A Notification and review of decisions\n31A Meaning of reviewable decision—pt 6A 21\n\nContents\nPage\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n31B Reviewable decision notices 21\n31C Applications for review 21\nPart 7 Miscellaneous\n32 Placing unleased land under housing commissioner’s control 22\n33 Unleased land placed under housing commissioner’s control—powers 22\n34 Unneeded land may be returned 23\n35 Information to Minister 24\n36 Financial arrangements 24\n37 Protection of officials from liability 24\n38 Determination of fees 25\n39 Approved forms 25\n40 Regulation-making power 25\nSchedule 1 Reviewable decisions 26\nDictionary 27\nEndnotes\n1 About the endnotes 29\n2 Abbreviation key 29\n3 Legislation history 30\n4 Amendment history 33\n5 Earlier republications 40\n6 Expired transitional or validating provisions 41\n\n\n\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHousing Assistance Act 2007\nAn Act to provide for housing assistance, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Housing Assistance Act 2007.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘housing assistance—see\nsection 7.’ means that the term ‘housing assistance’ is defined in that\nsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nObjects and important concepts Part 2\nSection 6\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Objects and important concepts\n6 Objects of Act\n(1) The main objects of this Act are—\n(a) to maximise the opportunities for everyone in the ACT to have\naccess to housing that is affordable, secure and appropriate to\ntheir needs; and\n(b) to facilitate the provision of housing assistance for those most in\nneed; and\n(c) to maximise value for money in the provision of housing\nassistance; and\n(d) to promote a choice of forms of housing assistance, and\nproviders of housing assistance, for entities eligible for housing\nassistance; and\nNote Entity includes a person—see the Legislation Act, dict, pt 1.\n(e) to facilitate the provision of rental housing that—\n(i) has adequate amenity, is of an adequate size and is\nappropriately located for employment opportunities and\nnecessary services and facilities; and\n(ii) is coordinated with any support services (provided under\nother laws) required by consumers of housing assistance to\nlive in the community; and\n(f) to facilitate the provision of an adequate supply of affordable\nhome finance for people on low and moderate incomes; and\n(g) to promote the development of flexible and innovative financial\narrangements to facilitate access to home ownership for people\non low and moderate incomes; and\n\nPart 2 Objects and important concepts\nSection 7\npage 4 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) to promote the growth of a community housing sector as a viable\nalternative to public and private rental housing and home\nownership; and\n(i) to promote the establishment of appropriate mechanisms and\nforums to allow input into housing policy by consumers, and\npotential consumers, of housing assistance and by representative\nnon-government agencies involved in housing policy and\nprovision.\n(2) A person administering this Act must have regard to the objects of the\nAct to the maximum extent practicable considering the resources\navailable to the person.\n7 What is housing assistance?\nIn this Act:\nhousing assistance means services, programs, assets, rebates and\namounts, provided under an approved housing assistance program to\nhelp entities who are eligible for assistance under the program to meet\ntheir emergency, short-term, medium-term and long-term housing\nneeds.\nNote Approved housing assistance program—see s 19.\n8 When is someone eligible for housing assistance?\nFor this Act, an entity is eligible for housing assistance if the entity\nmeets the eligibility criteria under an approved housing assistance\nprogram.\nNote Entity includes a person—see the Legislation Act, dict, pt 1.\n\nHousing Commissioner Part 3\nSection 9\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Housing Commissioner\n9 Housing commissioner—establishment\n(1) There is a Commissioner for Social Housing (the housing\ncommissioner).\n(2) The housing commissioner is a corporation and must have a seal.\n(3) The director-general is the housing commissioner.\n10 Housing commissioner—powers generally\n(1) The housing commissioner has all the powers of a person, unless\nexpressly excluded by this Act.\nExamples of powers\n1 to enter into a contract\n2 to own and dispose of property\n3 to sue and be sued\n4 to act as a trustee\nNote 1 Person includes an individual and a corporation (see Legislation Act,\ndict, pt 1).\nNote 2 See s 12 to s 15 for limits on the housing commissioner’s powers.\n(2) Without limiting subsection (1), the housing commissioner may enter\ninto arrangements with entities to provide housing assistance.\nNote Entity includes a person—see the Legislation Act, dict, pt 1.\n11 Housing commissioner—functions\n(1) The housing commissioner has the following functions:\n(a) administering, on behalf of the Territory, programs and funding\narrangements for delivering housing assistance in the ACT by\nway of—\n(i) public rental housing; and\n\nPart 3 Housing Commissioner\nSection 12\npage 6 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) home ownership; and\n(iii) financial assistance to home owners and tenants; and\n(iv) community housing; and\n(v) affordable housing;\n(b) administering, on behalf of the Territory, any services relating\nto housing assistance that the Minister approves under\nsubsection (2).\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) The Minister may approve stated services relating to housing\nassistance.\n(3) An approval is a notifiable instrument.\n12 Housing commissioner—no power for contracts of\nemployment\nThe housing commissioner does not have the power to employ staff\non a contract of employment.\n13 Limits on housing commissioner—joint ventures\n(1) The housing commissioner must not—\n(a) enter into negotiations for a joint venture without the Minister’s\nprior written approval; or\n(b) enter into an agreement for a joint venture without the\nExecutive’s prior written approval.\n(2) An approval under subsection (1)—\n(a) may apply generally or may relate to a particular proposed joint\nventure; and\n\nHousing Commissioner Part 3\nSection 14\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) may be given subject to the conditions or restrictions stated in\nthe approval.\n14 Notice of joint ventures\n(1) This section applies if the housing commissioner enters into an\nagreement for a joint venture.\n(2) The housing commissioner must, not later than 14 days after the day\nthe commissioner enters into the agreement, give the Minister a\nwritten statement (the commissioner’s statement) setting out the\ndetails of, and the reasons for entering into, the agreement.\n(3) The Minister must present a copy of the commissioner’s statement to\nthe Legislative Assembly not later than 6 sitting days after the day the\nMinister is given the statement.\n(4) However, the copy of the commissioner’s statement presented to the\nLegislative Assembly need not include any material that is\ncommercially sensitive.\n(5) If commercially sensitive information is not included in the presented\ncopy of the commissioner’s statement, the Minister must, when\npresenting the statement to the Legislative Assembly, also present a\nfurther statement setting out the general nature of the commercially\nsensitive information and the reason for it not being included in the\npresented statement.\n15 Limit on housing commissioner—large contracts\nThe housing commissioner must not, without the Minister’s prior\nwritten approval, enter into a contract which involves the payment or\nreceipt of a total amount larger than $5 million.\n\nPart 3 Housing Commissioner\nSection 16\npage 8 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Housing commissioner—Ministerial directions\n(1) The Minister may give a direction to the housing commissioner about\nthe exercise of the commissioner’s functions.\n(2) The housing commissioner must exercise the commissioner’s\nfunctions in accordance with any direction given by the Minister.\n(3) A direction is a notifiable instrument.\n17 Housing commissioner—delegation\nThe housing commissioner may delegate the commissioner’s\nfunctions under this Act or another territory law to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nHousing assistance programs Part 4\nSection 18\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Housing assistance programs\n18 What is a housing assistance program?\nIn this Act:\nhousing assistance program means a program for providing housing\nassistance that includes the following:\n(a) the kind of assistance that may be provided under the program;\n(b) the eligibility criteria for assistance under the program;\n(c) how decisions of the housing commissioner under the program\nmay be reviewed.\nNote Housing assistance—see s 7.\n19 Approved housing assistance programs\n(1) The Minister may approve a housing assistance program.\n(2) An approved housing assistance program is a disallowable\ninstrument.\n20 Approved housing assistance programs—determinations\n(1) The housing commissioner may make a determination for an\napproved housing assistance program.\n(2) A determination is—\n(a) for a determination that deals with a relevant matter—a\ndisallowable instrument; or\n(b) for any other determination—a notifiable instrument.\n(3) In this section:\nrelevant matter means—\n(a) the review of a person’s entitlement to housing assistance; or\n\nPart 4 Housing assistance programs\nSection 21\npage 10 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) requiring a person receiving housing assistance to move to\nalternate premises; or\n(c) eligibility for temporary housing assistance.\n21 Approved housing assistance programs—operational\nguidelines\n(1) The housing commissioner may make guidelines for the management\nor operation of an approved housing assistance program.\n(2) A guideline is—\n(a) for a guideline that deals with a relevant matter—a disallowable\ninstrument; or\n(b) for any other guideline—a notifiable instrument.\n(3) In this section:\nrelevant matter—see section 20 (3).\n22 Approved housing assistance programs—market rent\n(1) If housing is being rented to an entity under an approved housing\nassistance program, the entity must be charged market rent for the\nhousing.\n(2) However, an approved housing assistance program may provide for a\nrebate of rent in accordance with the program.\n(3) Subsection (4) applies if—\n(a) an entity is currently being charged less than the market rent for\nthe housing (disregarding any rent rebate); and\n(b) if the housing commissioner were to increase the rent to market\nrent—the increase would be more than the amount prescribed\nby regulation for the Residential Tenancies Act 1997,\nsection 64B (Limitation on rent increases—amount).\n\nHousing assistance programs Part 4\nSection 23\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Despite subsection (1), the housing commissioner may decide to only\nincrease the rent by an amount up to the prescribed amount.\n(5) In this section:\nmarket rent, for housing, means the rent that would be charged by\nthe lessor for the housing if the housing were rented by a willing\nlessor to a willing tenant—\n(a) dealing with each other at arm’s length; and\n(b) each of whom had acted knowledgeably, sensibly and without\ncompulsion.\n23 Approved housing assistance programs—rent review\nThe housing commissioner must review the rent charged for housing\nrented under an approved housing assistance program at least once\neach year.\n24 Housing assistance applicants—requirement for further\ninformation\n(1) This section applies if an entity applies for housing assistance.\n(2) The housing commissioner may require the entity to give the\ncommissioner further stated information that the commissioner\nreasonably needs to decide the application.\nNote Information includes a document—see the dictionary.\n(3) The housing commissioner may, by written notice to the entity, refuse\nthe application if—\n(a) the requirement is made in writing; and\n(b) the requirement states a reasonable time (of at least 7 days after\nthe day the requirement is given to the entity) for providing the\ninformation; and\n(c) the entity does not provide the information in accordance with\nthe requirement.\n\nPart 4 Housing assistance programs\nSection 25\npage 12 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Housing assistance recipients—requirement for\ninformation\n(1) This section applies if an entity is receiving housing assistance.\n(2) The housing commissioner may, at any time, require the entity to give\nthe commissioner stated information that the commissioner\nreasonably needs—\n(a) to review the housing assistance being provided to the entity; or\n(b) to provide housing assistance to the entity; or\n(c) for the good management of an approved housing assistance\nprogram or of assets held by the commissioner; or\n(d) to otherwise exercise the commissioner’s functions under this\nAct.\nNote Information includes a document—see the dictionary.\n(3) The housing commissioner may suspend or cancel all or part of the\nentity’s housing assistance if—\n(a) the requirement is made in writing; and\n(b) the requirement states a reasonable time (of at least 7 days after\nthe day the requirement is given to the entity) for giving the\ninformation; and\n(c) the entity does not give the information in accordance with the\nrequirement.\nNote The decision to suspend or cancel all or part of an entity’s housing\nassistance is a reviewable decision (see s 31A), and the housing\ncommissioner must give a reviewable decision notice to the entity (see\ns 31B).\n\nHousing assistance programs Part 4\nSection 25\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The reviewable decision notice given to the entity must include—\n(a) a statement that the housing assistance is suspended or\ncancelled; and\n(b) when the suspension or cancellation begins; and\n(c) if housing assistance is suspended—when the suspension ends.\n\nPart 4A Affordable and community housing programs\nSection 25A\npage 14 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4A Affordable and community\nhousing programs\n25A Definitions—pt 4A\nIn this part:\nCommunity Housing Providers National Law (ACT) means the\nprovisions applying because of the Community Housing Providers\nNational Law (ACT) Act 2013, section 7.\nregistered community housing provider—see the Community\nHousing Providers National Law (ACT), section 4 (1).\n25B Housing commissioner etc may give assistance to\nregistered community housing provider\n(1) The housing commissioner or another Territory entity may give\nassistance to a registered community housing provider.\nExamples—assistance by housing commissioner\n1 a grant of money\n2 a transfer of land\n3 a lease of land or property for use as long-term affordable rental housing\n4 a commercial partnership or joint venture between the housing commissioner\nand registered community housing provider\nExamples—assistance by Territory entity\n1 a secured loan\n2 a tax concession\n(2) Assistance may be given subject to conditions.\n(3) Nothing in this section requires the housing commissioner or a\nTerritory entity to give assistance to a registered community housing\nprovider.\n\nAffordable and community housing programs Part 4A\nSection 25C\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25C Affordable and community housing programs—housing\ncommissioner to report to Minister\n(1) The housing commissioner must, if asked by the Minister, give the\nMinister a written report about the assistance given to registered\ncommunity housing providers under section 25B.\n(2) If the housing commissioner gives the Minister a report mentioned in\nsubsection (1), the Minister must present the report to the Legislative\nAssembly within 6 sitting days after the day the Minister is given the\nreport.\n\nPart 4B Official visitors\nSection 25V\npage 16 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4B Official visitors\nNote At least 1 official visitor must be appointed for this Act under the Official\nVisitor Act 2012 (the OV Act).\nThe OV Act sets out the functions of official visitors which includes\nvisiting visitable places, handling complaints from entitled people and\nreporting on those matters.\nThis part defines what is an entitled person and a visitable place for the\nOV Act. This part also prescribes other matters for the OV Act.\n25V Meaning of official visitor etc\nIn this Act:\nentitled person means a person—\n(a) who is homeless or at risk of homelessness who is staying in a\nvisitable place; or\n(b) prescribed by regulation.\nofficial visitor, for a visitable place—see the Official Visitor\nAct 2012, section 6.\nvisitable place means either of the following kinds of accommodation\nfor people who are homeless or at risk of homelessness, provided by\nan entity funded by the Territory:\n(a) multiple occupancy supported accommodation;\n(b) single occupancy independent accommodation.\n25W Official visitors must give notice of visit\n(1) An official visitor must give an operating entity for a visitable place\nwritten notice that the official visitor intends to visit the place at least\n24 hours before the official visitor’s visit.\n\nOfficial visitors Part 4B\nSection 25W\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, the official visitor may visit a visitable place without giving\nnotice to the operating entity if—\n(a) for multiple occupancy supported accommodation—\n(i) the official visitor reasonably believes, or has been given a\ncomplaint, that an entitled person at the visitable place is at\nrisk of abuse or harm; and\n(ii) the entitled person consents to the visit; or\n(b) for single occupancy independent accommodation—the official\nvisitor reasonably believes, or has been given a complaint, that\nthere is a serious risk to the health or welfare of an entitled\nperson at the visitable place.\n(3) In this section:\noperating entity, for a visitable place, means—\n(a) if the Territory operates the place—the director-general; or\n(b) in any other case—the entity that operates the place.\n\nPart 5 Protection of information\nSection 28\npage 18 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Protection of information\n28 Meaning of protected information—pt 5\n(1) For this part, information is protected information if it—\n(a) identifies an entity that has applied for housing assistance as\nhaving applied for housing assistance; or\n(b) identifies an entity that is or has been a housing assistance\nrecipient as a housing assistance recipient or former housing\nassistance recipient; or\n(c) identifies land that is a housing assistance property as a housing\nassistance property; or\n(d) is protected personal information about an entity that—\n(i) has applied for housing assistance; or\n(ii) is or has been a housing assistance recipient; or\n(e) is information prescribed by regulation for this definition; or\n(f) would allow something to which paragraph (a), (b), (c), (d)\nor (e) applies to be worked out.\nNote Entity includes a person—see the Legislation Act, dict, pt 1.\n(2) In this section:\nhousing assistance property means—\n(a) land owned, controlled or held by the housing commissioner; or\n(b) land used by an entity contracted by the commissioner to\nprovide housing assistance.\nExample of land controlled or held by the housing commissioner—\npar (a)\nland leased by the commissioner from a private landlord to provide public\nrental housing\n\nProtection of information Part 5\nSection 28\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExample of entity contracted by the housing commissioner—par (b)\na community organisation that is contracted by the commissioner to operate\na refuge\nhousing assistance recipient means an entity receiving housing\nassistance.\nExamples of housing assistance recipients\n1 a tenant of a housing assistance property\n2 a person accommodated at a refuge or other residential facility that is operated\nby a community organisation receiving housing assistance to provide the\naccommodation\nprotected personal information, about an entity that is or has been a\nhousing assistance recipient, means—\n(a) the entity’s name, telephone number or address; or\n(b) any other information prescribed by regulation for this\ndefinition.\n\nPart 6 Commonwealth-Territory funding agreements\nSection 30\npage 20 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Commonwealth-Territory funding\nagreements\n30 What is a Commonwealth-Territory funding agreement?\nIn this Act:\nCommonwealth-Territory funding agreement means an agreement\nbetween the Commonwealth and the Territory for the Commonwealth\nto give financial assistance to the Territory for housing assistance or\nto promote the objects of this Act.\n31 Notification of Commonwealth-Territory funding\nagreements\n(1) This section applies if the Territory enters into or amends a\nCommonwealth-Territory funding agreement.\n(2) The agreement or amendment is a notifiable instrument.\n\nNotification and review of decisions Part 6A\nSection 31A\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6A Notification and review of\ndecisions\n31A Meaning of reviewable decision—pt 6A\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n31B Reviewable decision notices\nIf the housing commissioner makes a reviewable decision, the\ncommissioner must give a reviewable decision notice to each entity\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The housing commissioner must also take reasonable steps to give a\nreviewable decision notice to any other person whose interests are\naffected by the decision (see ACT Civil and Administrative Tribunal\nAct 2008, s 67A).\n31C Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nPart 7 Miscellaneous\nSection 32\npage 22 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n32 Placing unleased land under housing commissioner’s\ncontrol\n(1) The Executive may direct the territory planning authority to place\nunleased territory land under the control of the housing\ncommissioner.\n(2) However, if land that is placed under the housing commissioner’s\ncontrol under subsection (1) is subject to an existing tenancy, the land\nis placed under the commissioner’s control subject to the tenancy.\n(3) To remove any doubt, the housing commissioner may exercise the\ncommissioner’s powers under section 33 in relation to a tenancy to\nwhich subsection (2) applies, including, for example, by ending the\ntenancy.\n(4) A direction under subsection (1) is a notifiable instrument.\n(5) In this section:\nexisting tenancy, for land placed under the housing commissioner’s\ncontrol, means a tenancy that was in force immediately before the\nland was placed under the commissioner’s control.\nunleased territory land means territory land that is not leased under\nthe Planning Act 2023 or the Unit Titles Act 2001.\n33 Unleased land placed under housing commissioner’s\ncontrol—powers\n(1) This section applies to land placed under the control of the housing\ncommissioner under section 32.\n(2) The housing commissioner may do 1 or more of the following in\nrelation to the land:\n(a) manage the land;\n(b) authorise people to enter the land;\n\nMiscellaneous Part 7\nSection 34\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) use the land in any way the commissioner considers appropriate\nfor the commissioner’s functions;\n(d) arrange for the grant to someone else of a lease of, or licence to\noccupy, the land;\n(e) obtain a lease for the land in the name of the housing\ncommissioner and transfer the lease;\n(f) if the land is held by an entity under a lease—\n(i) do anything in relation to the land that the Territory could\ndo in relation to the land immediately before the land was\nplaced under the commissioner’s control; or\n(ii) exercise any power under the Recovery of Lands Act 1929\nthat the Territory may exercise for the land under that Act\non behalf of the Commonwealth.\nNote 1 The Recovery of Lands Act 1929 provides for the Territory to end\na lease and take action against people. However, it does not apply\nto leases under the Residential Tenancies Act 1997.\nNote 2 See also the Planning Act 2023, s 382 for the recovery of land from\na former lessee.\n(3) However, a lease or licence must not be granted by anyone for the\nland except with the housing commissioner’s prior written agreement.\n34 Unneeded land may be returned\n(1) This section applies if the housing commissioner is satisfied that\nunleased land that has been placed under the commissioner’s control\nunder section 32 is no longer needed for this Act.\n(2) The housing commissioner may, by instrument, surrender control of\nthe land to the territory planning authority.\n(3) An instrument under subsection (2) is a notifiable instrument.\n\nPart 7 Miscellaneous\nSection 35\npage 24 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Information to Minister\n(1) If the Minister asks the housing commissioner at any time to give the\nMinister information (including protected information) about any\nmatter relating to the commissioner’s functions, the commissioner\nmust comply with the request.\n(2) In this section:\nprotected information—see section 28.\n36 Financial arrangements\n(1) All amounts paid to or by the housing commissioner for this Act\n(including amounts paid under a Commonwealth-Territory funding\nagreement) must be paid into or out of a directorate banking account,\nor territory banking account, within the meaning of the Financial\nManagement Act 1996.\n(2) To remove any doubt, amounts owed to, or paid to or by, the housing\ncommissioner are amounts owed to, or paid to or by, the Territory.\n37 Protection of officials from liability\n(1) In this section:\nofficial means—\n(a) the housing commissioner; or\n(b) anyone else exercising a function under this Act.\n(2) An official is not personally liable for anything done or omitted to be\ndone honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n\nMiscellaneous Part 7\nSection 38\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Any liability that would, apart from this section, attach to an official\nattaches instead to the Territory.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any approved housing\nassistance program or regulation (see Legislation Act, s 104).\n38 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n39 Approved forms\n(1) The housing commissioner may approve forms for this Act.\n(2) If the housing commissioner approves a form for a particular purpose,\nthe approved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n40 Regulation-making power\nThe Executive may make regulations for this Act.\n\nSchedule 1 Reviewable decisions\npage 26 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 6A)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 24 refuse application for\nhousing assistance\napplicant\n2 25 suspend or cancel all or\npart of housing\nassistance provided to\nentity\nentity\n\nDictionary\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACAT\n• director-general (see s 163)\n• entity\n• exercise\n• function\n• reviewable decision notice\n• territory land\n• territory planning authority\n• year.\naffordable housing means housing that is affordable by people on\nlow or moderate incomes.\napproved housing assistance program means a housing assistance\nprogram approved under section 19.\nCommonwealth-Territory funding agreement—see section 30.\ncommunity housing means rental housing for—\n(a) people on low and moderate incomes or with special needs; or\n(b) nonprofit community organisations.\nCommunity Housing Providers National Law (ACT), for part 4A\n(Affordable and community housing programs)—see section 25A.\neligible, for housing assistance—see section 8.\nentitled person—see section 25V.\nhousing—\n(a) means residential housing and other forms of residential\naccommodation; and\n\nDictionary\npage 28 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) includes the fences, outbuildings and other improvements and\nthe connections for utilities and other services provided or\nreasonably required for the accommodation.\nhousing assistance—see section 7.\nhousing assistance program—see section 18.\nhousing commissioner means the Commissioner for Social Housing\nestablished under section 9.\ninformation includes a document.\nofficial visitor—see section 25V.\nprotected information, for part 5 (Protection of information)—see\nsection 28.\nregistered community housing provider, for part 4A (Affordable and\ncommunity housing programs)—see section 25A.\nreviewable decision, for part 6A (Notification and review of\ndecisions—see section 31A.\ntemporary housing assistance means housing assistance identified as\ntemporary housing assistance in an approved housing assistance\nprogram.\nvisitable place—see section 25V.\n\nEndnotes\nAbout the endnotes 1\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 30 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nHousing Assistance Act 2007 A2007-8\nnotified LR 10 May 2007\ns 1, s 2 commenced 10 May 2007 (LA s 75 (1))\nremainder commenced 10 November 2007 (s 2 and LA s 79)\nas modified by\nHousing Assistance Regulation 2008 SL2008-7 ss 3-5\nnotified LR 18 March 2008\ns 1, s 2 commenced 18 March 2008 (LA s 75 (1))\nremainder commenced 19 March 2008 (s 2)\nas amended by\nHousing Assistance Amendment Act 2008 A2008-33\nnotified LR 2 September 2008\ns 1, s 2 commenced 2 September 2008 (LA s 75 (1))\nremainder commenced 2 March 2009 (s 2 and LA s 79)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.56\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.56 commenced 2 March 2009 (s 2 (2) and see A2008-33,\ns 2 and LA s 79)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.42\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.42 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.39\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.39 commenced 17 December 2009 (s 2)\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.8\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.8 commenced 3 June 2010 (s 2)\n\nEndnotes\nLegislation history 3\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.81\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.81 commenced 1 July 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.20\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.20 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nOfficial Visitor Act 2012 A2012-33 sch 1 pt 1.4\nnotified LR 15 June 2012\ns 1, s 2 commenced 15 June 2012 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 September 2013 (s 2 as am by A2013-22\ns 4)\nCommunity Housing Providers National Law (ACT) Act 2013\nA2013-18 sch 1 pt 1.1\nnotified LR 23 May 2013\ns 1, s 2 commenced 23 May 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 January 2014 (s 2 and CN2013-10)\nOfficial Visitor Amendment Act 2013 A2013-22 sch 1 pt 1.4\nnotified LR 17 June 2013\ns 1, s 2 commenced 17 June 2013 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 September 2013 (s 2 and see Official\nVisitor Act 2012 A2012-33 s 2 as am by this Act)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.16 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.16 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\n\nEndnotes\n3 Legislation history\npage 32 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nOfficial Visitor Amendment Act 2019 A2019-29 sch 1 pt 1.4\nnotified LR 2 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\nsch 1 pt 1.4 commenced 3 October 2019 (s 2 (2))\nResidential Tenancies Legislation Amendment Act 2023 A2023-5\nsch 1\nnotified LR 27 March 2023\ns 1, s 2 commenced 27 March 2023 (LA s 75 (1))\nsch 1 amdt 1.2 commenced 28 March 2023 (s 2 (2))\nsch 1 remainder commenced 1 April 2023 (s 2 (3) and CN2023-1)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.35\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.35 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nHousing and Consumer Affairs Legislation Amendment Act 2024\nA2024-29 sch 1 pt 1.5\nnotified LR 9 July 2024\ns 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))\nsch 1 pt 1.5 commenced 16 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.93\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.93 commenced 16 December 2025 (s 2 (6))\n\nEndnotes\nAmendment history 4\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nOffences against Act—application of Criminal Code etc\ns 5 om A2010-18 amdt 3.9\nObjects of Act\ns 6 hdg sub A2009-49 amdt 3.89\nHousing commissioner—establishment\ns 9 am A2011-22 amdt 1.251; A2011-48 amdt 1.32\nHousing commissioner—functions\ns 11 am A2008-33 s 4; A2025-29 amdt 4.93\nHousing commissioner—Ministerial directions\ns 16 am A2025-29 amdt 4.93\nHousing commissioner—delegation\ns 17 am A2008-33 s 5; A2013-18 amdt 1.1\nWhat is a housing assistance program?\ns 18 am A2025-29 amdt 4.93\nApproved housing assistance programs\ns 19 am A2025-29 amdt 4.93\nApproved housing assistance programs—determinations\ns 20 sub A2023-5 amdt 1.1\nApproved housing assistance programs—operational guidelines\ns 21 sub A2023-5 amdt 1.1\nApproved housing assistance programs—market rent\ns 22 am A2023-5 amdt 1.2; ss renum R14 LA; A2024-29 amdt 1.11\nHousing assistance recipients—requirement for information\ns 25 am A2008-37 amdt 1.241\nAffordable and community housing programs\npt 4A hdg ins A2008-33 s 7\nsub A2013-18 amdt 1.2\nAffordable and community housing providers\ndiv 4A.1 hdg ins A2008-33 s 7\nom A2013-18 amdt 1.2\nDefinitions—pt 4A\ns 25A ins A2008-33 s 7\nsub A2013-18 amdt 1.2\ndef Community Housing Providers National Law (ACT) ins\nA2013-18 amdt 1.2\n\nEndnotes\n4 Amendment history\npage 34 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef registered community housing provider ins A2013-18\namdt 1.2\nHousing commissioner etc may give assistance to registered community\nhousing provider\ns 25B ins A2008-33 s 7\nsub A2013-18 amdt 1.2\nAffordable and community housing programs—housing commissioner to\nreport to Minister\ns 25C ins A2008-33 s 7\nsub A2013-18 amdt 1.2\nPublic access—register\ns 25D ins A2008-33 s 7\nom A2013-18 amdt 1.2\nNotice about changes of particulars in register\ns 25E ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable housing provider—eligibility criteria\ns 25F ins A2008-33 s 7\nom A2013-18 amdt 1.2\nCommunity housing provider—eligibility criteria\ns 25G ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing providers—trustees and subsidiaries\ns 25H ins A2008-33 s 7\nom A2013-18 amdt 1.2\nCommunity housing providers—standards\ns 25I ins A2008-33 s 7\nom A2013-18 amdt 1.2\nCommunity housing providers—compliance with standards\ns 25J ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing providers—monitoring guidelines\ns 25K ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing providers—compliance with monitoring\nguidelines\ns 25L ins A2008-33 s 7\nom A2013-18 amdt 1.2\n\nEndnotes\nAmendment history 4\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAffordable and community housing providers—monitoring standards,\nguidelines etc\ns 25M ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing providers—report to housing\ncommissioner\ns 25N ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing providers—changes to constitution or\nrules\ns 25O ins A2008-33 s 7\nom A2013-18 amdt 1.2\nExemption from requirement or approval—changes to constitution or rules\ns 25P ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing programs\ndiv 4A.2 hdg ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing programs—housing commissioner may\ngive assistance\ns 25Q ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing programs—requirement for information\netc\ns 25R ins A2008-33 s 7\nom A2013-18 amdt 1.2\nHousing commissioner’s functions\ndiv 4A.3 hdg ins A2008-33 s 7\nom A2013-18 amdt 1.2\nHousing commissioner’s functions—housing commissioner may intervene\ns 25S ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing providers—removal from register\ns 25T ins A2008-33 s 7\nom A2013-18 amdt 1.2\nAffordable and community housing programs—housing commissioner to\nreport to Minister\ns 25U ins A2008-33 s 7\nom A2013-18 amdt 1.2\n\nEndnotes\n4 Amendment history\npage 36 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOfficial visitors\npt 4B hdg ins A2012-33 amdt 1.34\nnote am A2013-22 amdt 1.22\nMeaning of official visitor etc\ns 25V hdg sub A2013-22 amdt 1.23\ns 25V ins A2012-33 amdt 1.34\nam A2013-22 amdt 1.24; A2019-29 amdt 1.11\nOfficial visitors must give notice of visit\ns 25W hdg am A2013-22 amdt 1.25\ns 25W ins A2012-33 amdt 1.34\nam A2013-22 amdts 1.25-1.28; A2019-29 amdt 1.12\nRequirements for information—AAT review\ns 26 om A2008-33 s 6\nRequirements for information—notice of reviewable decisions\ns 27 om A2008-33 s 6\nFOI Act exemption—documents containing protected information\ns 29 om A2016-55 amdt 4.20\nNotification of Commonwealth-Territory funding agreements\ns 31 am A2025-29 amdt 4.93\nNotification and review of decisions\npt 6A hdg ins A2008-33 s 8\nsub A2008-37 amdt 1.242\nMeaning of reviewable decision—pt 6A\ns 31A ins A2008-33 s 8\nsub A2008-37 amdt 1.242\nReviewable decision notices\ns 31B ins A2008-33 s 7\nsub A2008-37 amdt 1.242\nam A2025-29 amdt 4.93\nApplications for review\ns 31C ins A2008-37 amdt 1.242\nam A2025-29 amdt 4.93\nPlacing unleased land under housing commissioner’s control\ns 32 am A2009-49 amdt 3.90; A2023-36 amdt 1.183, amdt 1.184;\nA2025-29 amdt 4.93\nUnleased land placed under housing commissioner’s control—powers\ns 33 am A2009-49 amdt 3.91; A2023-36 amdt 1.185\nUnneeded land may be returned\ns 34 am A2023-36 amdt 1.186; A2025-29 amdt 4.93\n\nEndnotes\nAmendment history 4\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFinancial arrangements\ns 36 am A2009-49 amdt 3.92; A2011-22 amdt 1.252\nDetermination of fees\ns 38 am A2025-29 amdt 4.93\nApproved forms\ns 39 am A2025-29 amdt 4.93\nRegulation-making power\ns 40 am A2025-29 amdt 4.93\nLegislation amended—sch 1\ns 41 om LA s 89 (3)\nLegislation repealed\ns 42 om LA s 89 (3)\nTransitional—Housing Assistance Act 1987\npt 10 hdg exp 10 November 2008 (s 110)\nDefinitions—pt 10\ns 100 exp 10 November 2008 (s 110)\ndef old Act exp 10 November 2008 (s 110)\ndef old housing assistance program exp 10 November 2008\n(s 110)\nTransitional—rights and liabilities under old Act\ns 101 mod SL2008-7 s 3\n(1)-(3), (4) exp 10 November 2008 (s 110 (LA s 88 declaration\napplies))\n(3A)-(3C) exp 10 November 2008 (s 101 (3C))\nTransitional—corresponding housing assistance programs and things\ns 102 exp 10 November 2008 (s 110 (LA s 88 declaration applies))\nTransitional—mentions of commissioner\ns 102A ins as mod SL2008-7 s 4\nexp 10 November 2008 (s 102A (2))\nTransitional—uncompleted applications for AAT review\ns 103 exp 10 November 2008 (s 110 (LA s 88 declaration applies))\nTransitional—other uncompleted proceedings\ns 103A ins as mod SL2008-7 s 5\nexp 10 November 2008 (s 103A (5) (LA s 88 declaration\napplies))\nTransitional—sensitive information under old Act\ns 104 exp 10 November 2008 (s 110 (LA s 88 declaration applies))\n\nEndnotes\n4 Amendment history\npage 38 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTransitional—notification of existing Commonwealth-Territory funding\nagreements\ns 105 exp 10 November 2008 (s 110)\nTransitional—land placed under control of housing commissioner under old\nAct\ns 106 exp 10 November 2008 (s 110 (LA s 88 declaration applies))\nTransitional—standard residential tenancy terms, cl 36\ns 107 exp 10 November 2008 (s 110 (LA s 88 declaration applies))\nTransitional—outdated references to old Act\ns 108 exp 10 November 2008 (s 110 (LA s 88 declaration applies))\nTransitional regulations\ns 109 exp 10 November 2008 (s 110 (LA s 88 declaration applies))\nExpiry—pt 10\ns 110 exp 10 November 2008 (s 110)\nTransitional—Residential Tenancies Legislation Amendment Act 2023\npt 11 hdg ins A2023-5 amdt 1.3\nexp 1 April 2024 (s 114)\nMeaning of commencement day—pt 11\ns 111 ins A2023-5 amdt 1.3\nexp 1 April 2024 (s 114)\nHousing assistance program determinations\ns 112 ins A2023-5 amdt 1.3\nexp 1 April 2024 (s 114)\nOperational guidelines\ns 113 ins A2023-5 amdt 1.3\nexp 1 April 2024 (s 114)\nExpiry—pt 11\ns 114 ins A2023-5 amdt 1.3\nexp 1 April 2024 (s 114)\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.243\nam A2009-20 amdt 3.99, amdt 3.100; items renum R5 LA;\nA2013-18 amdt 1.3\nConsequential amendments\nsch 1 pt 1.1 om LA s 89 (1) (b)\nsch 1 pts 1.2-1.11 om LA s 89 (3)\n\nEndnotes\nAmendment history 4\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict am A2008-37 amdt 1.244; A2009-49 amdt 3.93, amdt 3.94;\nA2011-22 amdt 1.253; A2012-33 amdt 1.35; A2013-22\namdt 1.29; A2023-5 amdt 1.4; A2023-36 amdt 1.187\ndef affordable housing ins A2008-33 s 9\ndef Community Housing Providers National Law (ACT) ins\nA2013-18 amdt 1.4\ndef company limited by guarantee ins A2008-33 s 9\nom A2013-18 amdt 1.5\ndef company limited by shares ins A2008-33 s 9\nom A2013-18 amdt 1.5\ndef entitled person ins A2012-33 amdt 1.36\ndef housing provider ins A2008-33 s 9\nom A2013-18 amdt 1.5\ndef incorporated association ins A2008-33 s 9\nom A2013-18 amdt 1.5\ndef monitoring guidelines ins A2008-33 s 9\nom A2013-18 amdt 1.5\ndef official visitor ins A2013-22 amdt 1.30\ndef registered community housing provider ins A2013-18\namdt 1.6\ndef reviewable decision ins A2008-37 amdt 1.245\ndef standards ins A2008-33 s 9\nom A2013-18 amdt 1.7\ndef temporary housing assistance ins A2023-5 amdt 1.5\ndef visitable place ins A2012-33 amdt 1.36\n\nEndnotes\n5 Earlier republications\npage 40 Housing Assistance Act 2007\nEffective: 16/12/25\nR19\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n10 Nov 2007\n10 Nov 2007–\n18 Mar 2008\nnot amended new Act\nR2\n19 Mar 2008\n19 Mar 2008–\n10 Nov 2008\nnot amended modification by\nSL2008-7\nR3\n11 Nov 2008\n11 Nov 2008–\n1 Mar 2009\nA2008-37 commenced expiry\nR4\n2 Mar 2009\n2 Mar 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-33 and\nA2008-37\nR5\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\nR6\n17 Dec 2009\n17 Dec 2009–\n2 June 2010\nA2009-49 amendments by\nA2010-49\nR7\n3 June 2010\n3 June 2010–\n30 June 2011\nA2010-18 amendments by\nA2010-18\nR8\n1 July 2011\n1 July 2011–\n29 Feb 2012\nA2011-22 amendments by\nA2011-22\nR9\n1 Mar 2012\n1 Mar 2012–\n31 Aug 2013\nA2011-48 amendments by\nA2011-48\nR10\n1 Sept 2013\n1 Sept 2013–\n31 Dec 2013\nA2013-22 amendments by\nA2012-33 and\nA2013-22\nR11\n1 Jan 2014\n1 Jan 2014–\n31 Dec 2017\nA2013-22 amendments by\nA2013-18\n\nEndnotes\nExpired transitional or validating provisions 6\nR19\n16/12/25\nHousing Assistance Act 2007\nEffective: 16/12/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR12\n1 Jan 2018\n1 Jan 2018–\n2 Oct 2019\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\nR13\n3 Oct 2019\n3 Oct 2019–\n27 Mar 2023\nA2019-29 amendments by\nA2019-29\nR14\n28 Mar 2023\n28 Mar 2023–\n31 Mar 2023\nA2023-5 amendments by\nA2023-5\nR15\n1 Apr 2023\n1 Apr 2023–\n26 Nov 2023\nA2023-5 amendments by\nA2023-5\nR16\n27 Nov 2023\n27 Nov 2023–\n1 Apr 2024\nA2023-36 amendments by\nA2023-36\nR17\n2 Apr 2024\n2 Apr 2024–\n15 July 2024\nA2023-36 expiry of\ntransitional\nprovisions (pt 11)\nR18\n16 July 2024\n16 July 2024–\n15 Dec 2025\nA2024-29 amendments by\nA2024-29\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s practical scope has changed since its original enactment through multiple targeted amendments. Notable changes recorded in the Act and amendment history include: insertion of comprehensive community housing provisions in 2008 (Part 4A inserted by Housing Assistance Amendment Act 2008 A2008‑33, s 7) with many of those specific monitoring and registration provisions later removed or modified by the Community Housing Providers National Law (ACT) Act 2013 (A2013‑18) (see amendment history entries for pt 4A). Official visitor arrangements and related definitions were added by the Official Visitor Act 2012 (A2012‑33) and amended in 2013 (A2013‑22) (pt 4B, s 25V–25W). Market rent and rent review rules were revised by the Residential Tenancies Legislation Amendment Act 2023 (A2023‑5) (s 22–23 amdt noted in amendment history). Controls over unleased Territory land and related powers were updated by Planning (Consequential Amendments) Act 2023 (A2023‑36) (s 32–34 amendments). Most recently, Ministerial direction and other administrative provisions were amended in 2025 (A2025‑29) (see amendment history entries amending s 11, s 16, s 18–21, s 31). These amendments cumulatively expanded and reshaped the Act’s administrative architecture (roles, oversight, and technical requirements), its interactions with other statutory regimes, and the specific mechanisms for supporting community housing and managing land and data."},"complexity_factors":["Interplay of three decision layers: Minister (policy approval and directions, s 16, s 19), housing commissioner (implementation and determinations, s 10, s 20–21) and ACAT review (pt 6A, sch 1).","Multiple instrument types with different parliamentary oversight (disallowable and notifiable instruments for programs, determinations and guidelines, s 19–21).","Cross‑references and reliance on other laws (Official Visitor Act 2012, Community Housing Providers National Law (ACT), Planning Act 2023, Residential Tenancies Act 1997) increasing regulatory interaction (s 25A, notes to s 25V, s 33 notes).","Significant administrative discretion in broad powers (s 10–11), Ministerial directions (s 16) and delegation to public servants (s 17).","Data protection and disclosure constraints for applicants/recipients (pt 5, s 28) with interactions to information law noted in amendments.","Land‑management powers over unleased Territory land and linked procedural steps for placing and returning land (s 32–34).","Amendment history and parts previously inserted or removed (Part 4A, Part 4B and other changes) which affects which provisions apply and how the Act operates (endnotes/amendment history).","Operational requirements on applicants/recipients (information requests, potential suspension/cancellation, s 24–25) create compliance burdens.","Financial flow rules that treat commissioner amounts as Territory funds and require use of specified accounts (s 36)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets out how the ACT Government plans, funds and runs housing assistance programs. It creates a single decision‑maker (the Commissioner for Social Housing — called the housing commissioner) to run programs, enter into contracts, manage land and provide money, leases or other support to deliver housing assistance. The Act defines what counts as housing assistance, how programs are approved and run, what recipients and applicants must do, and what review rights they have.\n\nKey mechanical elements (what changes, in plain terms)\n\n- Establishes the housing commissioner as the director‑general acting as a corporation with broad legal powers to contract, own property, sue and be sued, and enter into arrangements to deliver housing assistance (s 9, s 10, s 11).\n- Gives the Minister power to approve housing assistance programs (s 19) and to direct the housing commissioner about how to exercise their functions; the commissioner must follow any Ministerial direction (s 16). The commissioner also makes operational determinations and guidelines under approved programs (s 20, s 21).\n- Requires that housing rented under these programs is charged at market rent unless a rebate is provided by the relevant program; rents must be reviewed at least annually (s 22, s 23).\n- Allows the commissioner to require information from applicants and recipients; failure to provide requested information can lead to refusal, suspension or cancellation of assistance (s 24, s 25). Those decisions trigger statutory review rights and notice requirements (pt 6A, schedule 1; s 31A–31C).\n- Permits assistance to registered community housing providers (grants, land transfers, leases, joint ventures) subject to conditions and reporting to the Minister (pt 4A, s 25B–25C).\n- Defines protected information related to applicants, recipients and housing assistance properties and limits disclosure (pt 5, s 28).\n- Enables the Executive to place unleased Territory land under the commissioner’s control, and gives the commissioner management and leasing powers over that land (s 32–33). Land no longer needed may be returned (s 34).\n- Sets financial and administrative rules: amounts paid to/from the commissioner are treated as Territory money and pass through specified banking accounts (s 36); the Minister may set fees and the Executive may make regulations (s 38–40).\n- Creates processes for oversight and complaint handling: official visitors and rules about visits to funded accommodation (pt 4B, s 25V–25W); requirements to notify the Legislative Assembly when certain joint ventures occur or when the commissioner reports (s 14, s 25C).\n\nOfficial rationale and a brief, source‑grounded test of trade‑offs\n\n- The Act’s stated objectives are to improve access to affordable, secure and appropriate housing, prioritise those most in need, promote value for money and foster a community housing sector (s 6). Those are policy aims stated in the statute.\n\n- Costs and who pays: the Territory (through the housing commissioner) funds assistance and manages payments through Territory/directorate banking accounts (s 36). Tenants in program housing are required to pay market rent unless a program rebate applies (s 22). Assistance to community providers (s 25B) represents a transfer from the Territory budget to specific registered providers.\n\n- Incentives and behavioural effects: charging market rent (s 22) shifts direct costs to tenants unless rebates are provided; annual rent reviews (s 23) create ongoing adjustments. Requiring applicants and recipients to supply information (s 24–25) creates administrative compliance obligations for households and providers; failure to comply may terminate assistance but triggers review rights (pt 6A, schedule 1).\n\n- Concentrated benefits vs diffuse costs: assistance to registered community housing providers (s 25B) creates concentrated, identifiable beneficiaries (providers and their tenants), while funding and land management obligations (s 32–33, s 36) distribute fiscal costs across the Territory budget.\n\n- Bureaucratic discretion and oversight risks: the commissioner has broad operational powers (s 10–11) and may delegate functions to public servants (s 17). The Minister may direct the commissioner and must be notified about large contracts and joint ventures (s 13–16, s 14–15). Those features centralise decision authority in the executive and administration and create discretion about program design and contract approvals.\n\n- Compliance burden and implementation risk: program approvals, determinations and operational guidelines can be made as disallowable or notifiable instruments (s 19–21), which affects parliamentary oversight and procedural requirements. Information protections (pt 5, s 28) and reporting duties (s 14, s 25C) add administrative steps. The Act also links to other laws (Official Visitor Act, Community Housing Providers National Law, Planning Act and Residential Tenancies Act) which can increase complexity in delivery (see s 25A, notes and cross references).\n\nWho decides, who pays, and what behaviours change (with sections)\n\n- Who decides: Minister approves programs and may direct the commissioner (s 19, s 16); the housing commissioner implements programs and makes determinations and guidelines (s 10, s 20–21). ACAT review is available for reviewable decisions (s 31C, schedule 1).\n- Who pays: the Territory (through the housing commissioner) funds and manages payments (s 36); tenants pay market rent unless a rebate applies (s 22).\n- Behaviour changes required of private parties: applicants and recipients must supply information when reasonably required or risk refusal or suspension of assistance (s 24–25); registered community housing providers may be subject to conditions if they receive assistance (s 25B(2)); operating entities must accept official visitor notices and subject to limited exceptions allow visits (s 25W).\n\nImplementation and legal mechanics to watch (sources cited)\n\n- Broad statutory powers for the housing commissioner (s 10–11) combined with Ministerial directions (s 16) and delegation (s 17) concentrate operational authority and policymaking in the executive/administration.\n- Financial flows are explicitly treated as Territory money (s 36), and large contracts/joint ventures need prior approval (s 13–15), creating procedural gatekeeping.\n- Protections for applicant/recipient data are set out (s 28); those protections interact with other information laws (see notes and amendment history concerning FOI).\n- Review rights: certain administrative decisions (refusal, suspension or cancellation) are reviewable and require statutory notices and access to ACAT (pt 6A, schedule 1).\n\nPractical takeaway: this Act structures how the Territory designs, funds and runs housing assistance by centralising delivery with a single commissioner under Ministerial oversight, requiring recipients to meet information and rent obligations, and enabling the Territory to fund and partner with community housing providers and to manage unleased land for housing purposes (see s 9–11, s 16, s 19–25, s 32–36)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2007 form. The amendment history shows Part 4A (Affordable and community housing programs) was completely restructured in 2013, removing extensive provisions about registration, monitoring, and compliance for housing providers (sections 25D-25U were repealed) and replacing them with a simpler framework that references the Community Housing Providers National Law. Similarly, Part 4B (Official visitors) was added in 2012, expanding the scope to include oversight of homelessness services. The original Act appears to have been primarily focused on public housing and home ownership assistance, but has grown to encompass community housing sector development and crisis accommodation oversight."},"complexity_factors":["Moderate cross-referencing to other ACT laws (Official Visitor Act 2012, Community Housing Providers National Law (ACT), Residential Tenancies Act 1997, Planning Act 2023, etc.)","Multiple instrument types with different parliamentary scrutiny levels (disallowable instruments vs notifiable instruments)","Conditional logic in rent-setting provisions (market rent requirement with exceptions for rebates and capped increases)","Nested definitions (e.g., 'housing assistance' depends on 'approved housing assistance program' which depends on 'housing assistance program')","Specific procedural requirements for official visitors (24-hour notice rule with exceptions for risk of abuse/harm)","18 defined terms in the Dictionary plus signpost definitions throughout","Schedule 1 table structure for reviewable decisions requiring cross-reference between sections and the schedule"],"plain_english_summary":"**What this law does:**\n\nThis is the ACT's main law for helping people find and keep affordable housing. It creates a **Housing Commissioner** (who is actually the Director-General of the relevant government directorate) to run housing assistance programs. These programs include public housing, help for first home buyers, financial assistance for renters and owners, and support for community housing providers.\n\n**Who it affects:**\n\n* **People seeking housing:** Anyone applying for public housing, affordable rental housing, or home ownership assistance in the ACT.\n* **Current tenants:** People already in public or community housing who must provide information when asked and have their rent reviewed annually.\n* **Community housing providers:** Non-profit organisations that provide affordable housing and can receive grants, land transfers, or loans from the Commissioner.\n* **Homeless people:** Those in crisis accommodation are protected by \"official visitors\" who can inspect facilities and handle complaints.\n\n**Key things the law covers:**\n\n* **Rent setting:** Tenants must generally be charged \"market rent\" (what a private landlord would charge), but can get rebates to make it affordable. Rent increases are capped to protect tenants from sudden large hikes.\n* **Privacy:** Strict rules protect personal information about housing applicants and tenants.\n* **Land powers:** The Commissioner can manage unleased ACT government land for housing purposes, including granting leases or licences.\n* **Review rights:** If the Commissioner refuses your application or cuts off your assistance, you can appeal to the ACT Civil and Administrative Tribunal (ACAT).\n* **Oversight:** The Minister can give directions to the Commissioner, and the Commissioner must report on joint ventures and community housing assistance.\n\n**Why it matters:**\n\nThis law sets the framework for how the ACT Government delivers its \"safety net\" housing services. It balances helping vulnerable people with managing public money efficiently, and ensures there's accountability through review rights and reporting requirements."}},"importantCases":[],"_links":{"self":"/api/acts/housing-assistance-act-2007","history":"/api/acts/housing-assistance-act-2007/history","analysis":"/api/acts/housing-assistance-act-2007/analysis","conflicts":"/api/acts/housing-assistance-act-2007/conflicts","importantCases":"/api/acts/housing-assistance-act-2007/important-cases","documents":"/api/acts/housing-assistance-act-2007/documents"}}