{"id":"nsw:act-2016-051","name":"Social and Affordable Housing NSW Fund Act 2016","slug":"social-and-affordable-housing-nsw-fund-act-2016","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"51 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29534,"registerId":"nsw-act-2016-051-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Social and Affordable Housing NSW Fund Act 2016](/view/html/inforce/current/act-2016-051).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > derivative arrangement has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> > \n> > government agency means any of the following:\n> > \n> > > (a) a government sector agency (within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)),\n> > \n> > > (b) a NSW government agency or other public authority constituted by or under an Act,\n> > \n> > > (c) a local council or other local authority,\n> > \n> > > (d) a State owned corporation.\n> > \n> > the Fund means the Social and Affordable Housing NSW Fund established under this Act.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2017 No 22, Sch 2.36; 2018 No 70, Sch 3.54 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Social and Affordable Housing NSW Fund","content":"# Part 2 Social and Affordable Housing NSW Fund\n\nPart 2 Social and Affordable Housing NSW Fund","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of the Fund","content":"#### 4 Establishment of the Fund\n\n4 Establishment of the Fund\n\n> There is to be established in the Special Deposits Account the Social and Affordable Housing NSW Fund.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Purpose of the Fund","content":"#### 5 Purpose of the Fund\n\n5 Purpose of the Fund\n\n> The purpose of the Fund is to provide funding to promote any of the objects of the [Housing Act 2001](/view/html/inforce/current/act-2001-052) or the [Community Housing Providers (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-059).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Control and management of Fund","content":"#### 6 Control and management of Fund\n\n6 Control and management of Fund\n\n> The Minister is to control and manage the Fund.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Payment into the Fund","content":"#### 7 Payment into the Fund\n\n7 Payment into the Fund\n\n> > (1) The following are to be paid into the Fund:\n> > \n> > > (a) all money appropriated by Parliament, or advanced by the Treasurer, for payment into the Fund,\n> > \n> > > (b) all money appropriated by Parliament to the Treasurer for the general purposes of the Government (and not for the purposes of individual government agencies) and directed by the Treasurer to be paid into the Fund,\n> > \n> > > (c) the proceeds of the investment of money in the Fund,\n> > \n> > > (d) any money borrowed by the Minister for the purpose of the Fund,\n> > \n> > > (e) any grant, gift, bequest or other contribution of money to the Fund made by a government agency or other person or body,\n> > \n> > > (f) the payment or repayment of principal or interest on money loaned from the Fund (including fees associated with the loan),\n> > \n> > > (g) any money payable arising from a derivative arrangement (or other financial risk management strategy) effected by the Minister for the purpose of the Fund,\n> > \n> > > (h) all other money directed or authorised to be paid into the Fund by or under any Act or law.\n> \n> > (2) Government agencies are authorised by this section to make contributions to the Fund.\n> \n> > (3) The Treasurer may direct that any money directed to be paid into the Fund by the Treasurer is subject to the repayment of the money (including an amount in the nature of interest) from the Fund.\n> \n> **s 7:** Am 2018 No 70, Sch 3.54 \\[2\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Payments out of the Fund","content":"#### 8 Payments out of the Fund\n\n8 Payments out of the Fund\n\n> > (1) The following may be paid out of the Fund:\n> > \n> > > (a) all or any part of the cost of any project, program or initiative that the Minister is satisfied promotes the purpose of the Fund,\n> > \n> > > (b) administrative expenses relating to the control and management of the Fund,\n> > \n> > > (c) the payment or repayment of principal or interest on money borrowed by the Minister for the purpose of the Fund (including any costs associated with the borrowing),\n> > \n> > > (d) any payment or repayment of money from the Fund referred to in section 7 (3),\n> > \n> > > (e) any money payable arising from a derivative arrangement (or other financial risk management strategy) effected by the Minister for the purpose of the Fund,\n> > \n> > > (f) any money directed or authorised to be paid from the Fund by or under this Act or any other Act or law.\n> \n> > (2) Payments from the Fund for the cost of a project, program or initiative may be provided by way of a grant, subsidy, loan or other financial assistance and may be subject to such conditions as the Minister thinks fit.\n> \n> > (3) Without limiting subsection (2), those conditions may relate to the following:\n> > \n> > > (a) meeting specified performance targets or outcomes,\n> > \n> > > (b) repayment of the whole or any part of any such financial assistance (including repayment if specified performance targets or outcomes are not met as required under a condition of the provision of the financial assistance),\n> > \n> > > (c) the payment of interest on financial assistance provided by way of a loan,\n> > \n> > > (d) the periods or intervals at which repayments are to be made.\n> \n> **s 8:** Am 2018 No 70, Sch 3.54 \\[3\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Investment of money in the Fund","content":"#### 9 Investment of money in the Fund\n\n9 Investment of money in the Fund\n\n> The Minister may invest money in the Fund:\n> \n> > (a) if the Minister is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Minister is permitted to invest money under that Part, or\n> \n> > (b) if the Minister is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Treasurer.\n> \n> **s 9:** Subst 2018 No 70, Sch 3.54 \\[4\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Borrowings and derivative arrangements","content":"#### 10 Borrowings and derivative arrangements\n\n10 Borrowings and derivative arrangements\n\n> The Minister may for the purposes of the Fund borrow or enter into derivative arrangements:\n> \n> > (a) if the Minister is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Minister is permitted to borrow or enter into derivative arrangements under that Part, or\n> \n> > (b) if the Minister is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Treasurer.\n> \n> **s 10:** Subst 2018 No 70, Sch 3.54 \\[5\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Minister may obtain advice etc","content":"#### 11 Minister may obtain advice etc\n\n11 Minister may obtain advice etc\n\n> The Minister may, in exercising functions under this Act, obtain and have regard to any advice, recommendations or other information provided to the Minister by any person or body that the Minister considers relevant.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Annual and other reports relating to the Fund","content":"#### 12 Annual and other reports relating to the Fund\n\n12 Annual and other reports relating to the Fund\n\n> > (1) The Minister is to produce an annual report detailing payments from the Fund.\n> \n> > (2) The annual report is to include an audit of the Fund by the Auditor-General (including a report of the Auditor-General on whether the payments from the Fund have been made in accordance with this Act).\n> \n> > (3) The annual report is to be made publicly available within 6 months after the end of the financial year to which it relates.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Delegation","content":"#### 13 Delegation\n\n13 Delegation\n\n> The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to:\n> \n> > (a) the Secretary of the Treasury or any person employed in the Treasury, or\n> \n> > (b) any other person employed in a Public Service agency prescribed by the regulations.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Act to bind Crown","content":"#### 14 Act to bind Crown\n\n14 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n15 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Review of Act","content":"#### 16 Review of Act\n\n16 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of that period of 5 years.","sortOrder":18}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain focused on its original purpose of establishing a dedicated fund for social and affordable housing in NSW. The amendments reflected in the three version periods (2016, 2017, 2018) do not appear to have fundamentally altered the core intent of the legislation, though the full operative provisions are not visible in the provided text to confirm definitively."},"complexity_factors":["Limited substantive content is visible in the provided text — primarily metadata and navigation elements rather than the full operative provisions of the Act","The Act appears to be a fund-establishment instrument, which is structurally simpler than regulatory or rights-based legislation","Interaction with broader NSW housing and Treasury frameworks adds some complexity for those seeking to understand the full picture","Three distinct version periods suggest some amendments have been made, requiring attention to which version applies at a given time","The responsible minister is the Treasurer (not a housing minister), which may cause confusion about governance and accountability"],"plain_english_summary":"This Act creates the Social and Affordable Housing NSW Fund — a Treasurer‑overseen, ring‑fenced government fund to pool and direct money into building and supporting social and affordable housing in New South Wales. \n\nIt primarily affects low‑income renters, housing agencies, and community/private providers by creating a dedicated financial vehicle to protect and channel investment toward homes for people who can’t afford market rents."},"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":true,"description":"The Act has been amended since enactment to modify definitions and to align investment and borrowing powers with the Government Sector Finance Act. Substitutions (noted for ss 9–10) and other amendments (see s3, s7, s8 amendment notes) shift how investments, borrowings and derivative arrangements are authorised—tying powers to GSF agency status or Treasurer approval and thereby changing the operational governance and financial limits of the Fund."},"complexity_factors":["Broad ministerial discretion over eligible uses and conditions on payments (s8)","Authority to borrow and enter derivative arrangements, with applicability contingent on GSF agency status (s10)","Investment powers linked to the Government Sector Finance Act or subject to Treasurer approval (s9)","Multiple and varied funding sources (appropriations, Treasurer‑directed funds, grants, repayments, derivatives) increasing accounting complexity (s7)","Conditional financial assistance mechanisms that can include repayment and performance triggers (s8(2)–(3))","Delegation rules permitting delegation to Treasury employees and other prescribed public servants (s13)","Mandatory public annual reporting with Auditor‑General audit adds compliance and transparency obligations (s12)","Regulations and a statutory 5‑year review allow further rule‑making and retrospective policy adjustment (s15–16)"],"plain_english_summary":"This Act creates the Social and Affordable Housing NSW Fund in the Special Deposits Account and gives the Minister control of it. The Fund is financed by parliamentary appropriations, Treasurer-directed receipts, investment proceeds, borrowings, grants and loan repayments, and is used to support the objects of the Housing Act 2001 and the Community Housing Providers (Adoption of National Law) Act 2012.\n\nThe Minister may provide grants, loans or subsidies subject to conditions (including repayment or performance targets), invest and borrow (within limits set by the Government Sector Finance Act or Treasurer approval), delegate functions to Treasury staff, and must publish an Auditor‑General audited annual report."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and operating a dedicated fund for social and affordable housing. The 2018 amendments updated references to the Government Sector Finance Act 2018 (replacing earlier financial management legislation) but did not expand the scope beyond housing-related funding and financial management."},"complexity_factors":["Only 4 defined terms in the interpretation section (derivative arrangement, government agency, the Fund, and implicit references to other Acts)","Heavy reliance on external legislation — definitions and powers are imported from the Government Sector Finance Act 2018, Government Sector Employment Act 2013, Housing Act 2001, and Community Housing Providers Act 2012","Simple conditional structure in sections 9 and 10 (two alternative paths depending on whether the Minister is a 'GSF agency')","No nested exceptions or deeply conditional logic — most provisions are straightforward authorisations or requirements","Short length (16 sections) with clear, linear organisation into three Parts","Standard delegation, regulation-making, and review provisions that are typical boilerplate"],"plain_english_summary":"This law creates a special bank account called the **Social and Affordable Housing NSW Fund** to help pay for housing projects that benefit people on low incomes or in need of community housing.\n\n**What it does:**\n- **Establishes a dedicated fund** (a special government bank account) specifically for social and affordable housing projects in New South Wales.\n- **Sets the purpose:** The money must be used to support goals under two other housing laws — the Housing Act 2001 and the Community Housing Providers Act 2012. This typically means building, maintaining, or subsidising housing for vulnerable people.\n- **Controls the money:** The Minister (a senior government minister) manages the Fund and decides how money is spent.\n- **Sources of money:** The Fund receives money from Parliament's budget, investment returns, loans taken out by the Minister, donations from government agencies or the public, and repayments from previous loans made from the Fund.\n- **How money is spent:** The Minister can give out money as grants (free money), subsidies (partial payments), loans (money to be repaid), or other financial help. These payments can come with conditions — for example, requiring projects to meet specific targets or forcing repayment if targets aren't met.\n- **Financial management:** The Minister can invest money in the Fund and borrow money or enter into \"derivative arrangements\" (complex financial contracts used to manage risk) — either under standard government finance rules or with the Treasurer's approval.\n- **Accountability:** The Minister must publish an annual report showing where the money went, audited by the Auditor-General (an independent watchdog who checks government spending). The report must be made public within 6 months of each financial year ending.\n- **Review:** The law must be reviewed after 5 years to check if it's still working as intended.\n\n**Who it affects:**\n- **People needing affordable housing** — ultimately the beneficiaries of the projects funded.\n- **Community housing providers** — not-for-profit organisations that can apply for funding.\n- **Government agencies** — can contribute money to the Fund.\n- **The Minister and Treasury staff** — who manage the Fund and make decisions about spending.\n\n**Why it matters:**\nThis law creates a flexible, dedicated funding pool for social housing without requiring new legislation every time money needs to be spent. It allows the government to mix budget money with investment returns, loans, and private contributions to maximise housing outcomes, while requiring public reporting to ensure transparency."}},"importantCases":[],"_links":{"self":"/api/acts/social-and-affordable-housing-nsw-fund-act-2016","history":"/api/acts/social-and-affordable-housing-nsw-fund-act-2016/history","analysis":"/api/acts/social-and-affordable-housing-nsw-fund-act-2016/analysis","conflicts":"/api/acts/social-and-affordable-housing-nsw-fund-act-2016/conflicts","importantCases":"/api/acts/social-and-affordable-housing-nsw-fund-act-2016/important-cases","documents":"/api/acts/social-and-affordable-housing-nsw-fund-act-2016/documents"}}