{"id":"south-australian-housing-trust-act-1995","name":"South Australian Housing Trust Act 1995","slug":"south-australian-housing-trust-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110042,"registerId":"sa-south-australian-housing-trust-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Housing Trust Act 1995","content":"South Australia\nSouth Australian Housing Trust Act 1995\nAn Act to provide for the continuation of the South Australian Housing Trust and to define its functions and powers; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—The South Australian Housing Trust\nDivision 1—Continuation of SAHT\n4\tContinuation of SAHT\n5\tFunctions of SAHT\n6\tGeneral power of SAHT\n7\tSpecific powers of SAHT\nDivision 2—Ministerial control\n8\tMinisterial control\nDivision 3—Board of SAHT\n9\tConstitution of board of management\n10\tConditions of membership\n11\tAllowances and expenses\n12\tConflict of interest under Public Sector (Honesty and Accountability) Act\n14\tValidity of acts\n15\tProceedings\n16\tGeneral management duties of board\nDivision 4—Use of services\n17\tUse of services\nDivision 5—Committees and delegations\n18\tCommittees\n19\tDelegations\nDivision 6—Operational, property and financial matters\n20\tCommon seal\n21\tFurther specific powers of SAHT\n21A\tCovenants to secure certain commitments\n22\tProperty to be held on behalf of Crown\n23\tTransfer of property etc\n24\tSecurities\n25\tTax and other liabilities\n26\tDividends\n27\tAccounts and audit\nDivision 7—Performance and reporting obligations\n28\tObjectives\n29\tProvision of information and reports to the Minister\nPart 3—Subsidiaries\n32\tFormation of subsidiaries\nPart 3A—Appeals\n32A\tInterpretation\n32C\tInternal reviews\n32D\tReviews\nPart 4—Miscellaneous\n33\tAcquisition of land\n34\tPower to enter land\n35\tSatisfaction of Treasurer's guarantee\n36\tEffect of transfers\n37\tRegistering authorities to note transfer\n38\tRestriction on letting\n39\tRents\n39A\tRedevelopment of residential property\n40\tPower to carry out conditions of gifts\n41\tOffences\n42\tApprovals by Minister or Treasurer\n42A\tAnnual report\n43\tTriennial review\n43A\tMinisterial delegations\n44\tRegulations\nSchedule 2—Transitional provisions\n1\tStaff\n2\tTransfer of property etc\n3\tCode of practice and charter\n4\tWater rates\n5\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Housing Trust Act 1995.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nboard means the board of management of SAHT;\nChief Executive means the Chief Executive of the Department and includes the person for the time being acting in that position;\nDepartment means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the Department primarily responsible for assisting the Minister in the administration of this Act;\nliability includes contingent liability;\nMinister means the Minister to whom the administration of this Act is committed, as constituted as a body corporate under the Administrative Arrangements Act 1994;\nright includes a right of action;\nSAHT means the South Australian Housing Trust;\nstatutory corporation means a body established under the Housing and Urban Development (Administrative Arrangements) Act 1995;\nsubsidiary of SAHT—see Part 3.\nPart 2—The South Australian Housing Trust\nDivision 1—Continuation of SAHT\n4—Continuation of SAHT\n\t(1)\tThe South Australian Housing Trust (SAHT) continues in existence.\n\t(2)\tSAHT continues as a body corporate.\n5—Functions of SAHT\n\t(1)\tThe functions of SAHT include—\n\t(a)\tto assist people to secure and maintain affordable and appropriate housing by—\n\t(i)\tacting as a landlord of public housing in the State; and\n\t(ii)\tmanaging various forms of public housing in the State; and\n\t(iii)\tproviding private rental assistance; and\n\t(iv)\tproviding advice and referral on housing options and housing related issues; and\n\t(v)\tsupporting initiatives (within the various sectors) to increase the supply of affordable housing;\n\t(b)\tto provide houses to meet housing needs, or to support or promote programs or other initiatives within the private or not-for-profit sectors to meet housing needs;\n\t(c)\tto facilitate support for South Australians so as to increase their ability to achieve successful housing outcomes;\n\t(d)\tto provide advice to the Minister on—\n\t(i)\tissues, initiatives or programs associated with the housing needs of the community; and\n\t(ii)\tany other issues as the Minister or SAHT thinks fit;\n\t(f)\tto carry out any other functions conferred on SAHT by or under this Act or other Acts, by the Minister or by delegation under an Act.\n\t(2)\tSAHT will be the principal property and tenancy manager of public housing in the State.\n\t(3)\tSAHT should—\n\t(a)\tprovide affordable, secure and appropriate housing that meets the needs of its clients; and\n\t(b)\tensure that rental housing provided by SAHT is well located, of adequate size and condition, and meets reasonable standards of health, safety and security; and\n\t(c)\tensure that housing built by or for SAHT after the commencement of this Act incorporates modern standards of energy efficiency; and\n\t(d)\taim to provide housing that provides reasonable access to community services.\n\t(4)\tIn conducting its affairs and after taking into account the policies of the Government, SAHT should meet its aims and objectives through the most appropriate and effective mechanisms available to it (which mechanisms may include engaging or funding other bodies or persons to provide or deliver programs or services so as to result in the best use of the resources available to SAHT).\n\t(5)\tIn addition, in conducting its affairs, SAHT must establish consultative arrangements with groups and organisations with an interest in the housing sector, including (but not limited to) groups or organisations that represent the interests of tenants or the providers of community or Aboriginal housing.\n6—General power of SAHT\nSubject to a limitation imposed by or under an Act, SAHT has all the powers of a natural person together with the powers specifically conferred on it by or under this Act or other Acts.\n7—Specific powers of SAHT\n\t(1)\tIn addition to the powers conferred on SAHT by or under this Act or other Acts, SAHT may—\n\t(a)\tlease houses from an agent or instrumentality of the Crown or any other person;\n\t(b)\tlet houses under its ownership, management or control for such periods as SAHT thinks fit, and exercise in relation to those houses the powers of a landlord;\n\t(c)\tsubject to this Act (or any other Act), fix the terms, covenants and conditions on which houses are let by it;\n\t(d)\tpay bonuses or allowances to tenants who show special diligence and care;\n\t(e)\tdivide, or subdivide, land for the development of houses;\n\t(f)\tbuild, alter, enlarge, repair and improve houses or enter into contracts under which houses will be built, altered, enlarged, repaired or improved on behalf of SAHT;\n\t(g)\tconvert buildings into houses;\n\t(h)\thold an interest in land under the Community Titles Act 1996 or the Strata Titles Act 1988 and participate in the membership or management of any corporation under either Act;\n\t(i)\tinitiate, facilitate or participate in joint developments;\n\t(j)\tprovide advisory, consultative, managerial, support or other forms of service, within the areas of SAHT's expertise, to other entities involved in the division, development or management of land or housing;\n\t(k)\tprovide financial, and other, assistance in the public, private and community housing sectors, subject to the qualification that the provision of financial assistance will be subject to the approval of the Treasurer;\n\t(l)\treceive and administer funds on behalf of third parties, on an agency basis.\n\t(2)\tIf SAHT sells an interest in residential property, the net proceeds of sale received by SAHT must be applied towards a purpose or purposes associated with the provision of housing within the State.\n\t(3)\tThe assistance that may be provided under subsection (1)(k) may include—\n\t(a)\tthe provision of support or payments of money—\n\t(i)\tby way of grant; or\n\t(ii)\tby way of loan; or\n\t(iii)\tby way of funding agreements that involve the provision of financial benefits or accommodation (whether immediately or over a period of time);\n\t(b)\tthe transfer of assets or rights.\n\t(4)\tSAHT may, by arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality.\nDivision 2—Ministerial control\n8—Ministerial control\nSAHT is subject to the control and direction of the Minister.\nDivision 3—Board of SAHT\n9—Constitution of board of management\n\t(1)\tSAHT is managed by a board of management.\n\t(2)\tThe board consists of seven members appointed by the Governor.\n\t(3)\tAt least one member of the board must be a woman and at least one member must be a man.\n\t(4)\tThe Governor must appoint a member of the board as the board's presiding member.\n\t(5)\tThe Governor may appoint a suitable person to be the deputy of a member of the board and to act as a member of the board during a period of absence of the member (and a reference in this Act to a member of the board will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the board).\n10—Conditions of membership\n\t(1)\tA member of the board is appointed on conditions determined by the Governor and for a term, not exceeding three years, determined by the Governor and, at the expiration of the term of appointment, is eligible for reappointment.\n\t(2)\tThe Governor may remove a member of the board from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of appointment, or on any other basis specified in the instrument of appointment or under an agreement between the Minister and the member; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily; or\n\t(d)\tif serious irregularities have occurred in the conduct of the board's affairs or the board has failed to carry out its functions satisfactorily and the board's membership should, in the opinion of the Governor, be reconstituted for that reason.\n\t(3)\tThe office of a member of the board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(e)\tis removed from office under subsection (2).\n\t(4)\tOn the office of a member of the board becoming vacant, the Governor may appoint a person to the vacant office.\n11—Allowances and expenses\nA member of the board is entitled to remuneration, allowances and expenses determined by the Governor.\n12—Conflict of interest under Public Sector (Honesty and Accountability) Act\n\t(1)\tA member of the board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter—\n\t(a)\tarising because the member has shares in a public company that is interested in a contract with SAHT, provided that the person's interest does not amount to a substantial shareholding in the company; or\n\t(b)\tarising because the member is a tenant of SAHT, or a party to a contract for the purchase of a house from SAHT, provided that the matter under consideration is of general application to all persons in that situation, or to a substantial number of them; or\n\t(c)\tthat has been under consideration by the board on a previous occasion or occasions and the board has resolved that there is no real or substantial reason why the member should not be present in the circumstances of the particular case.\n\t(2)\tFor the purposes of this section, a person has a substantial shareholding in a public company if the person has a substantial shareholding in the company for the purposes of Chapter 6 of the Corporations Act 2001 of the Commonwealth.\n\t(3)\tIn this section—\npublic company means a public company as defined in section 9 of the Corporations Act 2001 of the Commonwealth.\n14—Validity of acts\n\t(1)\tAn act or proceeding of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n15—Proceedings\n\t(1)\tThe member appointed to chair meetings of the board will preside at meetings of the board or, in the absence of that member, a member chosen by those present will preside.\n\t(2)\tA quorum of the board consists of four members (and no business may be transacted at a meeting of the board unless a quorum is present).\n\t(3)\tA decision carried by a majority of votes cast by members at a meeting of the board is a decision of the board.\n\t(4)\tEach member present at a meeting of the board has one vote on a question arising for decision and, if the votes are equal, the member presiding at the meeting has a second or casting vote.\n\t(5)\tA resolution of the board—\n\t(a)\tof which prior notice was given to members of the board in accordance with procedures determined by the board; and\n\t(b)\tin which at least the majority of members of the board expressed their concurrence in writing,\nwill be taken to be a decision of the board made at a meeting of the board.\n\t(6)\tThe board must have accurate minutes kept of its proceedings.\n\t(7)\tSubject to this Act, the board may determine its own procedures.\n16—General management duties of board\n\t(1)\tThe board is responsible to the Minister for overseeing the operations of SAHT (and any subsidiary) with the goal of—\n\t(a)\tachieving continuing improvements in the provision of secure and affordable public housing; and\n\t(b)\tproviding transparency and value in managing the resources available to SAHT and meeting Government and community expectations as to probity and accountability; and\n\t(c)\tachieving appropriate social justice objectives and the fulfilment of SAHT's community service obligations.\n\t(2)\tWithout limiting the effect of subsection (1), the board must for that purpose ensure as far as practicable—\n\t(a)\tthat appropriate strategic and operational plans and targets are established; and\n\t(b)\tthat SAHT (and any subsidiary) have appropriate management structures and systems for monitoring management performance against plans and targets and that corrective action is taken when necessary; and\n\t(c)\tthat appropriate systems and practices are established for management and financial planning and control, including systems and practices for the maintenance of accurate and comprehensive records of all transactions, assets and liabilities and physical and human resources of SAHT (and any subsidiary); and\n\t(d)\tthat all such plans, targets, structures, systems and practices are regularly reviewed and revised as necessary to address changing circumstances and reflect best current commercial practices; and\n\t(e)\tthat the Minister receives regular reports on the performance of SAHT (and any subsidiary), and on the initiatives of the board; and\n\t(f)\tthat the Minister is advised, as soon as practicable, of any material development that affects the financial or operating capacity of SAHT (or any subsidiary) or gives rise to an expectation that SAHT (or any subsidiary) may not be able to meet its debts as and when they fall due.\nDivision 4—Use of services\n17—Use of services\n\t(1)\tSAHT may, by arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality.\n\t(2)\tSAHT may, with the approval of the Minister, engage agents or consultants, and enter into other forms of contract for the provision of services.\nDivision 5—Committees and delegations\n18—Committees\n\t(1)\tSAHT must establish—\n\t(b)\tsuch committees (including advisory committees or subcommittees) as the Minister may require.\n\t(2)\tSAHT may establish such other committees (including advisory committees or subcommittees) as SAHT thinks fit.\n\t(3)\tSubject to a direction of the Minister, the membership of a committee will be determined by SAHT.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Minister or SAHT; or\n\t(b)\tinsofar as the procedure is not determined under paragraph (a), as determined by the committee.\n19—Delegations\n\t(1)\tThe board may delegate a function or power conferred on or vested in the board or SAHT under this or any other Act—\n\t(a)\tto a specified person or body; or\n\t(b)\tto a person occupying a specified office or position.\n\t(2)\tA delegation—\n\t(a)\tmay be made subject to conditions and limitations specified in the instrument of delegation; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tis revocable at will and does not prevent the board (or SAHT) from acting itself in a matter.\nDivision 6—Operational, property and financial matters\n20—Common seal\nSAHT must have a common seal and if a document appears to bear the common seal of SAHT, it will be presumed in the absence of proof to the contrary that the common seal of SAHT was properly affixed to the document.\n21—Further specific powers of SAHT\n\t(1)\tWithout limiting another provision of this Act, but subject to a limitation or condition imposed by the Minister in relation to SAHT, SAHT may—\n\t(a)\tsue and be sued;\n\t(b)\tacquire, hold, deal with and dispose of real and personal property (or an interest in real or personal property), and grant or hold a lease or licence;\n\t(c)\twith the approval of the Minister or as authorised by regulation—acquire, hold, deal with and dispose of shares in, or securities issued by, another body corporate, or participate in the formation of another body;\n\t(d)\twith the approval of the Minister or as authorised by regulation—borrow money and obtain other forms of financial accommodation;\n\t(e)\testablish and operate ADI accounts and invest money;\n\t(f)\tenter into any kind of contract or arrangement;\n\t(g)\texercise other powers conferred by regulation;\n\t(h)\texercise other powers that are necessary, expedient or incidental to the functions of SAHT.\n\t(2)\tSAHT must not establish a trust scheme or a partnership or other scheme or arrangement for sharing of profits or joint venture with another person or undertake an operation or transaction pursuant to such a scheme or arrangement.\n\t(3)\tHowever, subsection (2) does not apply if—\n\t(a)\tSAHT is acting with the approval of the Minister; or\n\t(b)\tthe other party to the scheme or arrangement is a statutory corporation; or\n\t(c)\tthe scheme or arrangement is within a class prescribed by the regulations for the purposes of this provision.\n\t(4)\tThe Minister must obtain the concurrence of the Treasurer before giving an approval under subsection (1)(d).\n21A—Covenants to secure certain commitments\n\t(1)\tSAHT may, as a term of an agreement with another party that involves the provision of financial or other assistance or support in the public, private or community sectors, require that an instrument of covenant be registered under this section in relation to specified land.\n\t(2)\tThe covenant—\n\t(a)\tmay do 1 or more of the following:\n\t(i)\trestrict the use of land and buildings;\n\t(ii)\trequire that land only be occupied by a person who satisfies criteria specified by the agreement;\n\t(iii)\trequire the disclosure of specified information to—\n\t(A)\tSAHT;\n\t(B)\ta person who occupies land;\n\t(C)\ta person who is seeking to occupy or acquire land;\n\t(iv)\tmake provision for any tenancy or other agreement relating to the occupation of land;\n\t(v)\tprovide for the management, preservation or development of land;\n\t(vi)\tprovide that land may only be sold to a person who satisfies criteria specified in the agreement, and otherwise regulate or restrict the sale of land;\n\t(vii)\tmake provision for other matters that are contemplated by, or necessary or expedient for the purposes of, the agreement (whether in the form of a positive covenant or a negative covenant); and\n\t(b)\tmay be registered and have effect under the terms of this section so as to bind subsequent owners of the land despite the fact that the covenant does not benefit land of SAHT.\n\t(3)\tThe Registrar-General must, on an application of a person who is a party to an agreement under this section, register a covenant under this section on the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.\n\t(4)\tA covenant, once registered, is binding on any person who is for the time being an owner of the land in relation to which the covenant is registered, whether or not the person was the person with whom the agreement was made or who effected the registration of the covenant (and despite any other Act or law).\n\t(5)\tThe owner of land and SAHT may, by instrument in writing executed by both parties—\n\t(a)\tvary a covenant by registration of an instrument of variation; or\n\t(b)\tdischarge a covenant by registration of an instrument of discharge,\n(with registration being effected in the same manner as the original registration of the covenant).\n\t(6)\tThe Registrar-General may, in connection with an application to register an instrument under subsection (3) or (5)—\n\t(a)\trequire the application to be made in a manner and form determined by the Registrar-General; and\n\t(b)\trequire the application to be accompanied by such information or other instrument specified by the Registrar-General; and\n\t(c)\trequire the payment of a fee prescribed by the regulations.\n22—Property to be held on behalf of Crown\nSAHT holds its property on behalf of the Crown.\n23—Transfer of property etc\n\t(1)\tThe Minister may with the concurrence of the Treasurer, by notice in the Gazette—\n\t(a)\ttransfer an asset, right or liability of the Minister to SAHT;\n\t(b)\ttransfer an asset, right or liability of SAHT—\n\t(i)\tto the Minister; or\n\t(ii)\tto a statutory corporation; or\n\t(iii)\tto a subsidiary of SAHT; or\n\t(iv)\tto the Crown, or to another agent or instrumentality of the Crown; or\n\t(v)\tin prescribed circumstances, subject to prescribed conditions (if any), and with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown.\n\t(2)\tA notice under subsection (1) may make other provisions that in the opinion of the Minister are necessary or expedient in connection with the relevant transfer.\n\t(3)\tThis section does not limit the operation of another provision of this or any other Act that allows for the transfer of any asset, right or liability of SAHT.\n24—Securities\n\t(1)\tSAHT may, with the approval of the Minister—\n\t(a)\tgrant a mortgage or charge over an asset of SAHT; or\n\t(b)\tenter into a contract of guarantee or indemnity; or\n\t(c)\tissue debentures or promissory notes that are charged over the assets of SAHT generally, or over specified assets of SAHT; or\n\t(d)\tissue inscribed debenture stock in accordance with a scheme prescribed by the regulations.\n\t(2)\tThe Minister must obtain the concurrence of the Treasurer before giving an approval under subsection (1).\n\t(3)\tA liability of SAHT incurred with the concurrence of the Treasurer is guaranteed by the Treasurer.\n25—Tax and other liabilities\n\t(1)\tThe Treasurer may require SAHT (or SAHT in the undertaking of specified activities) to pay all or specified rates, duties, taxes and imposts, and to assume other liabilities and duties (either generally or of a specified kind), as would apply under the law of the State if SAHT were a public company.\n\t(2)\tThe Treasurer may require SAHT to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines to be equivalent in effect to either (or both) of the following—\n\t(a)\tincome tax and other taxes or imposts that SAHT does not pay to the Commonwealth but would be liable to pay under the law of the Commonwealth if it were constituted and organised in such manner as the Treasurer determines to be appropriate for the purposes of this subsection as a public company or, if one or more subsidiaries or divisions of SAHT are involved, as two or more public companies; and\n\t(b)\tcouncil rates that SAHT would be liable to pay to a council if SAHT were a public company.\n\t(3)\tAmounts determined to be payable under subsection (2) must be paid by SAHT at the times and in the manner determined by the Treasurer.\n26—Dividends\n\t(1)\tIf SAHT is required to comply with this section, SAHT must, before the end of each financial year, recommend to the Minister that SAHT pay a specified dividend, or not pay a dividend, for that financial year, as SAHT considers appropriate.\n\t(2)\tThe Minister may, in consultation with the Treasurer, by notice to SAHT—\n\t(a)\tapprove a recommendation of SAHT under subsection (1); or\n\t(b)\tdetermine that a specified dividend be paid, or that no dividend be paid,\nas the Minister and the Treasurer consider appropriate.\n\t(3)\tSAHT must, if so required by the Minister at any time during a financial year, recommend to the Minister that a specified interim dividend or specified interim dividends be paid by SAHT for that financial year, or that no such dividend or dividends be paid by SAHT, as SAHT considers appropriate.\n\t(4)\tThe Minister may, in consultation with the Treasurer, by notice to SAHT—\n\t(a)\tapprove a recommendation of SAHT under subsection (3); or\n\t(b)\tdetermine that an interim dividend or interim dividends be paid, or that no interim dividend be paid,\nas the Minister and the Treasurer consider appropriate.\n\t(5)\tIf a dividend or interim dividend or dividends is or are to be paid by SAHT, the dividend or interim dividend or dividends must be paid by SAHT to the Minister in the manner and at the time or times determined by the Minister in consultation with the Treasurer.\n\t(6)\tIf the Minister receives an amount from SAHT under this section, the amount must be applied towards a purpose or purposes associated with the provision of housing within the State.\n\t(7)\tA recommendation under this section must be made by SAHT itself and may not be made by a person or committee pursuant to a delegation.\n\t(8)\tSAHT is required to comply with this section if directed to do so by the Minister in consultation with the Treasurer.\n27—Accounts and audit\n\t(1)\tSAHT must establish and maintain effective internal auditing of its operations.\n\t(2)\tSAHT must keep proper accounting records in relation to its financial affairs, and must have annual statements of accounts prepared in respect of each financial year.\n\t(2a)\tSubject to subsection (3), the accounts of SAHT may include accounts (and related financial information) that relate to the operations of SAHT under any other Act.\n\t(3)\tThe accounting records and statements of accounts must comply with any applicable instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987.\n\t(4)\tThe Auditor-General may at any time audit the accounts of SAHT and must audit the annual statement of accounts.\nDivision 7—Performance and reporting obligations\n28—Objectives\n\t(1)\tThe Minister may, after consultation with SAHT, prepare a statement setting various objectives, targets or goals that SAHT is to pursue over the period specified in the statement and dealing with such other matters as the Minister considers appropriate.\n\t(2)\tSAHT must review the statement whenever it is necessary to do so on account of a direction of the Minister under this Act, and in any event at least once in every twelve month period.\n\t(3)\tThe Minister may, after consultation with SAHT, amend a statement issued in relation to SAHT at any time.\n\t(4)\tThe Minister must consult with the Treasurer if SAHT is to be set financial objectives, targets or goals.\n29—Provision of information and reports to the Minister\n\t(1)\tSAHT must, at the request of the Minister, furnish the Minister with such information or records in the possession or control of SAHT as the Minister may require in such manner and form as the Minister may require.\n\t(2)\tIf a record in the possession or control of SAHT is furnished to the Minister under this section, the Minister may make, retain and deal with copies of the record as the Minister thinks fit.\n\t(3)\tIf SAHT considers that information or record furnished under this section contains matters that should be treated for any reason as confidential, SAHT may advise the Minister of that opinion giving the reason for the opinion, and the Minister may, subject to subsection (4), act on that advice as the Minister thinks fit.\n\t(4)\tIf the Minister is satisfied on the basis of SAHT's advice under subsection (3) that SAHT owes a duty of confidence in respect of a matter, the Minister must ensure the observance of that duty in respect of the matter, but this subsection does not prevent the Minister from disclosing the matter as required in the proper performance of ministerial functions or duties.\nPart 3—Subsidiaries\n32—Formation of subsidiaries\n\t(1)\tThe Governor may, by regulation, establish a subsidiary of SAHT.\n\t(2)\tRegulations establishing a subsidiary—\n\t(a)\tmust name the body; and\n\t(b)\tmust provide for the constitution of a board of management as the body's governing body; and\n\t(c)\tmust specify the functions of the body; and\n\t(d)\tmay limit the powers of the body; and\n\t(e)\tmay specify procedures that will be followed in the event of a proposal to dissolve the body; and\n\t(f)\tmay make other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of the body.\n\t(3)\tA subsidiary—\n\t(a)\tis a body corporate; and\n\t(b)\tsubject to a limitation imposed by or under an Act or the regulations, has all the powers of a natural person together with the powers specifically conferred on SAHT, or on the subsidiary specifically, by or under this Act or other Acts.\n\t(4)\tThe Governor may, by regulation—\n\t(a)\talter the name of a subsidiary; or\n\t(b)\tvary the constitution of the board of management of a subsidiary; or\n\t(c)\talter the functions of a subsidiary; or\n\t(d)\talter or limit the powers of a subsidiary; or\n\t(e)\tmake other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of the subsidiary.\n\t(5)\tThe Governor may, by regulation—\n\t(a)\tdissolve a body established under this section; and\n\t(b)\ttransfer the assets, rights and liabilities of a body dissolved under this provision (either as a whole or in separate parcels specified by regulation)—\n\t(i)\tto the Minister; or\n\t(ii)\tto SAHT or another subsidiary of SAHT; or\n\t(iii)\tto a statutory corporation; or\n\t(iv)\tto the Crown, or to another agent or instrumentality of the Crown (not established under this Act); or\n\t(v)\twith the agreement with the person or body—to a person or body that is not an agent or instrumentality of the Crown; and\n\t(c)\tmake other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of the body.\n\t(6)\tHowever, if a regulation is in force under paragraph (e) of subsection (2) in respect of the subsidiary, a subsidiary must not be dissolved unless the Governor is satisfied that any relevant procedure prescribed under that paragraph has been followed.\n\t(7)\tIf a regulation establishing a subsidiary under this section is disallowed by either House of Parliament, the assets, rights and liabilities of the subsidiary become assets, rights and liabilities of SAHT.\n\t(8)\tUnless the contrary intention appears and subject to such modifications or exclusions as may be necessary for the purpose, or as may be prescribed, a reference in the other Parts of this Act to SAHT will be taken to include a reference to a subsidiary of SAHT.\nPart 3A—Appeals\n32A—Interpretation\n\t(1)\tIn this Part—\nreviewable decision means a decision of SAHT—\n\t(a)\ton an application to SAHT—\n\t(i)\tfor housing assistance; or\n\t(ii)\tfor priority housing; or\n\t(iii)\tfor rent assistance, or other forms of concessions with respect to rent, or in relation to a bond; or\n\t(iv)\twith respect to a matter arising under a tenancy agreement where SAHT is landlord; or\n\t(b)\twith respect to any other matter that may—\n\t(i)\tinvolve an assessment or decision by SAHT with respect to a person's housing needs or position; or\n\t(ii)\taffect a tenant of SAHT; or\n\t(c)\twith respect to any other matter brought within the ambit of this definition by the regulations,\nbut does not include a decision where a complaint against the decision would fall within the ambit of subsection (2);\ntenant includes a former tenant;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tThe following matters are excluded from the operation of this Part:\n\t(a)\ta complaint about a policy of the Government, the Department or SAHT (as compared to a complaint about whether or not such a policy has been complied with or implemented in accordance with the terms of the policy);\n\t(b)\ta complaint about the manner in which a member of the staff of the Department has acted or behaved (as compared to a complaint about a decision that has been made by a member of the staff of the Department);\n\t(c)\ta complaint about a matter that is the subject of proceedings before the Tribunal exercising its jurisdiction conferred under another Act, or proceedings before a court or another tribunal constituted by law;\n\t(d)\ta complaint about a matter that is attributable to a dispute between neighbours;\n\t(e)\ta complaint about a matter prescribed by the regulations for the purposes of this subsection.\n32C—Internal reviews\n\t(1)\tThe Chief Executive must establish a review system within the Department so that a person who is directly affected by a reviewable decision may, at first instance, apply for an internal departmental review of the decision.\n\t(2)\tThe system established under subsection (1) must include a process under which a person who has applied for a review of a reviewable decision will, at the conclusion of that process, be furnished with a written statement setting out—\n\t(a)\tthe outcome of the review; and\n\t(b)\tunless the application has been decided in favour of the applicant—the reasons for the decision made on the review.\n32D—Reviews\n\t(1)\tSubject to this section, a person who is dissatisfied with the outcome of a review under section 32C may apply to the Tribunal for review of the decision that applies at the conclusion of the review.\n\t(2)\tThe application must be made within—\n\t(a)\tthe prescribed period after the day on which a written statement setting out the outcome of the relevant review is furnished under section 32C; or\n\t(b)\tsuch longer period as the Tribunal may allow.\n\t(6)\tThe Tribunal must ensure that the applicant and SAHT are provided with a written statement setting out the Tribunal's decision and the reasons for the decision.\n\t(7)\tThe operation of a decision that is the subject of an application under this section will be stayed pending the outcome of the proceedings unless—\n\t(a)\tthe Tribunal, on its own initiative or on application by SAHT, determines that the decision may take effect or apply despite the application (and related proceedings) under this section; or\n\t(b)\tthe decision is within the ambit of a regulation that prescribes a class or classes of decisions that will take effect or apply despite an application (and related proceedings) under this section.\n\t(8)\tA decision on a matter that has been the subject of a review under section 32C which constitutes an administrative act within the meaning of the Ombudsman Act 1972 may be investigated by the Ombudsman under that Act despite the fact that this section provides a right of review (and section 13(3) of the Act will not apply in such a case).\n\t(9)\tSection 71 of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to or in relation to a decision of the Tribunal under this section.\nPart 4—Miscellaneous\n33—Acquisition of land\nSAHT may, with the consent of the Minister, acquire land for a purpose associated with the performance of its functions under and in accordance with the Land Acquisition Act 1969.\n34—Power to enter land\n\t(1)\tA person authorised in writing by the Minister to do so may enter land (other than residential property occupied by a tenant of SAHT) and conduct a survey, valuation, test or examination that the Minister considers necessary or expedient for the purposes of this Act.\n\t(2)\tA person must not enter land under subsection (1) unless the person has given reasonable notice of his or her intention to do so to the occupier of the land.\n\t(3)\tA person authorised by SAHT may enter residential property occupied by a tenant of SAHT if (and only if)—\n\t(a)\tthe entry is made in an emergency; or\n\t(b)\tthe tenant has been given written notice stating the purpose and specifying the date and time of the proposed entry not less than seven days and not more than 14 days before the entry is made; or\n\t(c)\tthe entry is made at a time previously arranged with the tenant (but not more frequently than once in every four weeks) for the purpose of inspecting the property; or\n\t(d)\tthe entry is made for the purpose of carrying out necessary repairs or maintenance at a reasonable time of which the tenant has been given at least 48 hours written notice; or\n\t(e)\tthe entry is made with the consent of the tenant given at, or immediately before, the time of entry.\n\t(4)\tA person must not, without reasonable excuse, hinder a person in the exercise of a power under this section.\nMaximum penalty: $2 500.\n\t(5)\tThis section does not limit a power conferred by or under an agreement or mortgage, or by or under another Act or law.\n35—Satisfaction of Treasurer's guarantee\nA liability of the Treasurer arising by virtue of a guarantee under this Act is to be paid out of the Consolidated Account (which is appropriated to the necessary extent).\n36—Effect of transfers\n\t(1)\tThe transfer of an asset, right or liability under this Act operates by force of this Act and despite the provisions of another law.\n\t(2)\tThe transfer of a liability under this Act operates to discharge the body from which the liability was transferred from the liability.\n37—Registering authorities to note transfer\n\t(1)\tThe Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this section, register or record in an appropriate manner the transfer to the Minister or another body of an asset, right or liability by regulation, proclamation or notice under this Act.\n\t(2)\tAn instrument relating to an asset, right or liability that has transferred to the Minister or a body by regulation, proclamation or notice under this Act must, if the instrument is executed by the Minister or the body and is otherwise in an appropriate form, be registered or recorded by the Registrar-General or another appropriate authority despite the fact that the Minister or the body has not been registered or recorded as the proprietor of the property under subsection (1).\n\t(3)\tThe vesting of property by regulation, proclamation or notice under this Act, and an instrument evidencing or giving effect to that vesting, are exempt from stamp duty.\n38—Restriction on letting\nSAHT must not let a house to a person who, at the time of applying for a lease, owns (or partly owns) a residential property, unless—\n\t(a)\tthe person owns (or partly owns) the residential property pursuant to an agreement with SAHT; or\n\t(b)\tthe person is in circumstances of genuine need; or\n\t(c)\tSAHT is acting with the approval of the Minister; or\n\t(d)\tSAHT would be letting the house to the person in circumstances described by regulations made for the purposes of this section.\n39—Rents\nSAHT may let houses at rents determined by SAHT from time to time and, despite the provisions of any other Act, SAHT may from time to time vary those rents.\n39A—Redevelopment of residential property\nWhere—\n\t(a)\tSAHT is the landlord of residential property; and\n\t(b)\tSAHT requires possession of the residential property for redevelopment or renovations,\nSAHT must take reasonable steps—\n\t(c)\tto consult with any tenants occupying the residential property (the tenants) about their housing options; and\n\t(d)\tto arrive at an outcome that is fair and reasonable in the circumstances after paying particular attention to the age, health and any special needs or circumstances of the tenants and to the nature and availability of housing (being an outcome which may include relocating the tenants to other premises on an ongoing basis or proceeding on the basis that the tenants will return to the same site or locality after the redevelopment or renovations are completed).\n40—Power to carry out conditions of gifts\n\t(1)\tSAHT may accept any gift made to SAHT.\n\t(2)\tIf a gift is affected by a trust, SAHT is empowered to carry out the terms of the trust.\n\t(3)\tHowever, if the trust is subject to a condition or stipulation that SAHT cannot give effect to by reason of another provision of this Act, SAHT may, despite that condition or stipulation, give effect to the trust, condition or stipulation if it is otherwise in accordance with law.\n41—Offences\n\t(1)\tSubject to subsection (2), a prosecution for a summary offence against this Act may be commenced within two years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at a later time within five years after the date of the alleged commission of the offence.\n\t(2)\tA prosecution for an offence against the regulations that is expiable (if any) may be commenced within six months after the date of the alleged commission of the offence.\n\t(3)\tAn apparently genuine document purporting to be signed by the Attorney-General and to authorise the commencement of proceedings for an offence against this Act will be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n42—Approvals by Minister or Treasurer\nA matter under this Act for which the approval of the Minister or the Treasurer is required will be regarded as having that approval—\n\t(a)\twhether the approval is given in respect of that particular matter or a class of matters to which it belongs; and\n\t(b)\twhether the approval is given by the Minister or Treasurer or by a person acting with the authority of the Minister or Treasurer.\n42A—Annual report\n\t(1)\tThe Minister must on or before 30 September in each year cause a report to be prepared on the operation and administration of this Act for the financial year ending on the preceding 30 June.\n\t(2)\tThe report must include a report on the operations of SAHT for the relevant financial year.\n\t(3)\tThe report must incorporate the audited accounts and financial statements of SAHT.\n\t(4)\tThe report may be combined with an annual report of the Minister under another Act that is also administered by the Minister.\n\t(5)\tThe Minister must have copies of the report laid before both Houses of Parliament within 12 sitting days after the report is prepared.\n43—Triennial review\n\t(1)\tThe Minister must once in every three years cause a report to be prepared on the operations and administration of SAHT.\n\t(2)\tThe report must be prepared by a person who is independent of SAHT.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n43A—Ministerial delegations\n\t(1)\tThe Minister or the Treasurer may delegate a function or power conferred on the relevant Minister under this Act—\n\t(a)\tto a specified person or body; or\n\t(b)\tto a person occupying a specified office or position.\n\t(2)\tA delegation—\n\t(a)\tmay be made subject to conditions and limitations specified in the instrument of delegation; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tis revocable at will and does not prevent the relevant Minister from acting personally in a matter.\n44—Regulations\n\t(1)\tThe Governor may make regulations that are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tmake provision for, or in relation to, the form or content of any agreement between SAHT and another party;\n\t(b)\tmake provision in relation to the operations of SAHT;\n\t(c)\tmake provision for matters relevant to landlord and tenant issues arising from the provision of public housing including a scheme for dealing with (and disposing of) goods that are left on premises after the end of a tenancy (including a scheme that provides for the passing of title to those goods);\n\t(d)\tmake provision in relation to the constitution, activities or dissolution of a subsidiary of SAHT, or in relation to the application of this Act to a subsidiary of SAHT;\n\t(e)\tprescribe penalties, not exceeding $500, for a breach of a regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tapply to existing agreements, leases or circumstances; and\n\t(c)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(d)\tprovide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, SAHT, or a prescribed person or authority.\nSchedule 2—Transitional provisions\n1—Staff\n\t(1)\tThis Act does not affect—\n\t(a)\tthe conditions of employment of a person who was a member of the staff of SAHT immediately before the repeal of the South Australian Housing Trust Act 1936; or\n\t(b)\ta process commenced for variation of those conditions.\n\t(2)\tHowever, subject to the operation of subclause (1), the Governor may, by proclamation, transfer the employment of a person who is an employee of SAHT to—\n\t(a)\tthe Department; or\n\t(b)\ta statutory corporation.\n2—Transfer of property etc\n\t(1)\tThe Governor may, by proclamation, vest an asset, right or liability of SAHT in—\n\t(a)\tthe Crown; or\n\t(b)\tthe Minister; or\n\t(c)\tan agent or instrumentality of the Crown; or\n\t(d)\ta statutory corporation or SACHA.\n\t(2)\tThe vesting of property by this clause, and an instrument evidencing or giving effect to that vesting, are exempt from stamp duty.\n\t(3)\tThe Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner a vesting under this clause.\n\t(4)\tAn instrument relating to an asset, right or liability that has vested in a body under this clause must, if the instrument is executed by the body and is otherwise in an appropriate form, be registered or recorded by the Registrar-General or another appropriate authority despite the fact that the body has not been registered or recorded as the proprietor of the property under subclause (3).\n3—Code of practice and charter\nSAHT must prepare the code of practice and charter required by section 30 within six months after the commencement of this Act.\n4—Water rates\nA regulation under section 30 of the South Australian Housing Trust Act 1936 in force immediately before the repeal of that Act will continue in force on and after that repeal for the purposes of tenancy agreements to which that section applied (and the regulation may, until revoked, be varied by the Governor from time to time).\n5—Regulations\nThe regulations may contain other provisions of a saving or transitional nature consequent on the enactment of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe South Australian Housing Trust Act 1995 repealed the following:\nCountry Housing Act 1958\nSouth Australian Housing Trust Act 1936\nLegislation amended by principal Act\nThe South Australian Housing Trust Act 1995 amended the following:\nHousing and Urban Development (Administrative Arrangements) Act 1995\nHousing Improvement Act 1940\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1995\n109\nSouth Australian Housing Trust Act 1995\n21.12.1995\n1.1.1996 (Gazette 21.12.1995 p1759)\n1999\n33\nFinancial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 50)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 79 (s 194 )—1.6.2007 (Gazette 26.4.2007 p1352)\n2007\n20\nStatutes Amendment (Affordable Housing) Act 2007\n14.6.2007\nPt 2 (ss 4—20) & Sch 1—1.7.2007 (Gazette 28.6.2007 p2826)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 138 (ss 314—317)—1.2.2010 (Gazette 28.1.2010 p320)\n2014\n26\nStatutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 17 (ss 206—209)—29.3.2015 (Gazette 5.3.2015 p883)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 33 (ss 199 & 200)—1.7.2015 (Gazette 25.6.2015 p3076)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ns 3(1)\n\n\nChief Executive\ninserted by 20/2007 s 4(1)\n1.7.2007\nDepartment\nsubstituted by 20/2007 s 4(2)\n1.7.2007\ndomestic partner\ninserted by 43/2006 s 194(1)\n1.6.2007\n\ndeleted by 84/2009 s 314(1)\n1.2.2010\nrelative\namended by 43/2006 s 194(2)\n1.6.2007\n\ndeleted by 84/2009 s 314(2)\n1.2.2010\nrelevant interest\ndeleted by 84/2009 s 314(2)\n1.2.2010\nSACHA\ndeleted by 20/2007 s 4(3)\n1.7.2007\nspouse\nsubstituted by 43/2006 s 194(3)\n1.6.2007\n\ndeleted by 84/2009 s 314(3)\n1.2.2010\ns 3(2)\namended by 43/2006 s 194(4)\n1.6.2007\n\ndeleted by 84/2009 s 314(4)\n1.2.2010\nPt 2\n\n\nPt 2 Div 1\n\n\ns 5\n\n\ns 5(1)\namended by 20/2007 s 5(1), (2)\n1.7.2007\n\n(e) deleted by 20/2007 s 5(2)\n1.7.2007\ns 5(3)\namended by 20/2007 s 5(3)—(5)\n1.7.2007\ns 5(4) and (5)\ninserted by 20/2007 s 5(6)\n1.7.2007\ns 7\n\n\ns 7(1)\namended by 20/2007 s 6(1)—(3)\n1.7.2007\ns 7(3) and (4)\ninserted by 20/2007 s 6(4)\n1.7.2007\nPt Div 3\n\n\ns 12\nsubstituted by 84/2009 s 315\n1.2.2010\ns 13\ndeleted by 84/2009 s 315\n1.2.2010\ns 14\n\n\ns 14(2)—(4)\ndeleted by 84/2009 s 316\n1.2.2010\ns 16\n\n\ns 16(1)\namended by 20/2007 s 7\n1.7.2007\nPt 2 Div 4\nsubstituted by 20/2007 s 8\n1.7.2007\nPt 2 Div 5\n\n\ns 18\n\n\ns 18(1)\nsubstituted by 20/2007 s 9(1)\n1.7.2007\n\n(a) deleted by 8/2015 s 199(1)\n1.7.2015\n\namended by 8/2015 s 199(2)\n1.7.2015\ns 18(1a)\ninserted by 20/2007 s 9(1)\n1.7.2007\n\ndeleted by 8/2015 s 199(3)\n1.7.2015\ns 18(2)\nsubstituted by 20/2007 s 9(1)\n1.7.2007\ns 18(3)\nsubstituted by 20/2007 s 9(1)\n1.7.2007\n\namended by 8/2015 s 199(4)\n1.7.2015\ns 18(4)\namended by 20/2007 s 9(2)\n1.7.2007\ns 19\n\n\ns 19(1)\namended by 20/2007 s 10(1)\n1.7.2007\ns 19(2)\namended by 20/2007 s 10(2)\n1.7.2007\nPt 2 Div 6\n\n\ns 21\n\n\ns 21(1)\namended by 33/1999 Sch (item 50)\n1.7.1999\ns 21(3)\namended by 20/2007 s 11\n1.7.2007\ns 21A\ninserted by 20/2007 s 12\n1.7.2007\ns 23\n\n\ns 23(1)\namended by 20/2007 s 13(1)\n1.7.2007\ns 23(3)\nsubstituted by 20/2007 s 13(2)\n1.7.2007\ns 26\n\n\ns 26(7)\namended by 20/2007 s 14\n1.7.2007\ns 27\n\n\ns 27(2a)\ninserted by 20/2007 s 15\n1.7.2007\nPt 2 Div 7\n\n\nss 30 and 31\ndeleted by 20/2007 s 16\n1.7.2007\nPt 3A\ninserted by 20/2007 s 17\n1.7.2007\ns 32A\n\n\ns 32A(1)\n\n\nAppeal Panel\ndeleted by 26/2014 s 206(1)\n29.3.2015\nTribunal\ninserted by 26/2014 s 206(2)\n29.3.2015\ns 32A(2)\namended by 26/2014 s 206(3)\n29.3.2015\ns 32B before deletion by 26/2014\n\n\ns 32B(8)\namended by 84/2009 s 317(1)\n1.2.2010\ns 32B(9) and (10)\ndeleted by 84/2009 s 317(2)\n1.2.2010\ns 32B\ndeleted by 26/2014 s 207\n29.3.2015\ns 32D\n\n\ns 32D(1)\namended by 26/2014 s 208(1)\n29.3.2015\ns 32D(2)\namended by 26/2014 s 208(2)\n29.3.2015\ns 32D(3)—(5)\ndeleted by 26/2014 s 208(3)\n29.3.2015\ns 32D(6)\namended by 26/2014 s 208(4), (5)\n29.3.2015\ns 32D(7)\namended by 26/2014 s 208(6)\n29.3.2015\ns 32D(9)\ninserted by 26/2014 s 208(7)\n29.3.2015\nPt 4\n\n\ns 39A\ninserted by 20/2007 s 18\n1.7.2007\ns 42A\ninserted by 20/2007 s 19\n1.7.2007\ns 43A\ninserted by 20/2007 s 20\n1.7.2007\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Affordable Housing) Act 2007, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule, unless the contrary intention appears—\nasset includes—\n\t(a)\ta present, contingent or future legal or equitable estate or interest in real or personal property; or\n\t(b)\ta present, contingent or future right, power, privilege or immunity;\nliability includes a present, contingent or future liability or obligation (including a non-pecuniary obligation);\nSACHA means the South Australian Community Housing Authority;\nSAHT means the South Australian Housing Trust.\n2—Public Housing Appeal Panel\n\t(1)\tA person who, immediately before the commencement of this clause, holds office as a member of the Public Housing Appeal Panel (being the panel of that name established by the Minister for Housing, Urban Development and Local Government Relations in 1995) will be taken to have been appointed as a member of the Housing Appeal Panel established under Part 3A of the South Australian Housing Trust Act 1995 (as inserted by this Act) for the balance of his or her term of appointment to the Public Housing Appeal Panel (and on the same conditions of appointment).\n\t(2)\tAny proceedings—\n\t(a)\tbefore the Public Housing Appeal Panel; or\n\t(b)\tbefore a relevant appeal authority under Part 11 of the South Australian Co-operative and Community Housing Act 1991 (as it applies immediately before the commencement of this clause),\nwill be continued and completed before the Housing Appeal Panel as if they had been commenced before the Housing Appeal Panel.\n\t(3)\tThe Housing Appeal Panel may make any order or determination in connection with the operation of subclause (2).\n3—Property—SACHA\n\t(1)\tSubject to subclause (2), all assets, rights and liabilities of SACHA (including under any funding agreement or statutory charge under the South Australian Co-operative and Community Housing Act 1991), and all assets and rights arising from the South Australian Community Housing Development Fund, are transferred to SAHT.\n\t(2)\tSubclause (1) does not apply to an asset, right or liability transferred by the Minister, by notice in the Gazette, to—\n\t(a)\tthe Crown; or\n\t(b)\tthe Minister; or\n\t(c)\ta subsidiary of SAHT; or\n\t(d)\tanother agency or instrumentality of the Crown.\n\t(3)\tThe transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.\n\t(4)\tThe Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner a transfer and vesting under this clause.\n\t(5)\tNo fee is payable in respect of an application under subclause (4).\n4—References—SACHA\n\t(1)\tSubject to subclause (2), all references in any instrument or contract, agreement or other document to SACHA will have effect as if it were a reference to—\n\t(a)\tSAHT; or\n\t(b)\tif the Minister so determines by notice in the Gazette—the Minister.\n\t(2)\tSubclause (1) does not apply to any reference excluded by the Minister by notice in the Gazette.\n\t(3)\tSubclause (1) has effect despite the provisions of any other law or instrument.\n5—Procedures and proceedings—SACHA\nAny procedure or proceedings commenced by SACHA before the commencement of this clause but which had not been finally determined at the commencement of this clause may be continued or completed by the Minister or by SAHT.\n6—Other provisions\n\t(1)\tNothing done under this Schedule—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n\t(f)\treleases a surety or other obligee wholly or in part from an obligation.\n\t(2)\tThe Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act.\n\t(3)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply with respect to the amendments effected by this Act.\nStatutes Amendment (SACAT) Act 2014\n209—Transitional provisions\n\t(1)\tIn this section—\nAppeal Panel means the Housing Appeal Panel established under the South Australian Housing Trust Act 1995;\nprincipal Act means the South Australian Housing Trust Act 1995;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tA decision, direction or order of the Appeal Panel under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.\n\t(3)\tA right to make any application or to seek a review under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Appeal Panel, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(4)\tAny proceedings before the Appeal Panel under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.\n\t(5)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Appeal Panel, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Appeal Panel that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision, direction or order in relation to proceedings before the Appeal Panel before the relevant day (including so as to make a decision, direction or order in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(6)\tThe Appeal Panel is dissolved by force of this subsection.\n\t(7)\tA member of the Appeal Panel holding office when subsection (6) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination).\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n200—Transitional provision\nA member of the South Australian Affordable Housing Trust Board of Management (or \"SAAHT\") ceases to hold office on the commencement of this section.\nHistorical versions\nReprint No 1—1.7.1999\n\n1.6.2007\n\n1.7.2007\n\n1.2.2010\n\n29.3.2015\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not available for analysis. The page returned was an error page from a website migration, not the Act itself."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The South Australian Housing Trust Act 1995 establishes and governs the South Australian Housing Trust, setting out its powers, functions, governance and financial/reporting duties to provide public and affordable housing. \n\nIt affects public housing tenants, people on waiting lists, Trust staff and management, and taxpayers because it determines how government housing is managed, allocated and the rights and obligations of those involved."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s operational and regulatory scope has been expanded and refined by later amendments. Notable changes in the source text include the addition of covenant registration powers (s21A inserted 2007), a formal internal review and external Tribunal appeal pathway (Part 3A inserted 2007; references updated to the Tribunal 2014), redevelopment consultation duties for tenants (s39A inserted 2007), and clearer Minister/Treasurer financial controls (amendments reflected across s21, s24, s25, s26). The legislative history shows further amendments (1999, 2007, 2010, 2014, 2015) that broadened financial mechanisms, governance and delegation tools and added subsidiary and transitional arrangements (see Schedule 2 and amendment notes). These changes increase Ministerial/Treasurer decision points and add land‑use and corporate instruments that extend SAHT’s practical reach beyond its original 1995 enactment."},"complexity_factors":["Ministerial control and broad discretion over SAHT’s objectives, approvals and directions (s8; s28; s42A; s43A).","Significant Treasurer involvement in financial authorisations, borrowing approvals, guarantees and tax‑equivalent charges (s21(1)(d); s24(2)–(3); s25; s26).","Property and land‑use powers including transferable assets, transfers by Gazette, and registered covenants that bind subsequent owners (s21A; s22; s23; s36; s37).","Ability to form subsidiaries and to regulate their constitutions, functions and dissolution by regulation (s32) leading to layered corporate structures and regulatory variation (s44).","Delegation and committee regimes that decentralise functions but preserve revocability and Ministerial direction (s19; s18; s43A).","Statutory review and appeal pathway with internal departmental review and Tribunal review, including stay rules and exclusions (Part 3A: s32C; s32D).","Operational and compliance obligations: internal audit, accounts, Auditor‑General review, reporting and triennial independent reviews (s27; s29; s42A; s43).","Transitional provisions and a detailed amendment history requiring cross‑referencing earlier Acts and regulations to determine current scope (Schedule 2; legislative history)."],"plain_english_summary":"This Act keeps the South Australian Housing Trust (SAHT) in place as a corporate landlord and sets out its functions, powers, governance and finance. It authorises SAHT to provide, develop and manage public housing, give or receive financial support, register covenants on land, form subsidiaries and be subject to Ministerial direction and Treasurer approvals.\n\nIt affects tenants and applicants, SAHT’s board and staff, private partners and the Crown. It matters because it allocates who decides (Minister, Governor, Treasurer), who pays (SAHT revenue; Treasurer guarantees; possible tax‑equivalent payments) and what compliance and reporting are required."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1995 framework. The 2007 amendments (Statutes Amendment (Affordable Housing) Act 2007) substantially expanded SAHT's role from primarily managing public housing stock to actively facilitating affordable housing across public, private, and community sectors. This included: inserting new functions around supporting private rental assistance and community housing initiatives (s 5); adding specific powers for joint developments and providing services to other housing entities (s 7); creating the covenant registration scheme (s 21A); establishing the appeals system (Part 3A); and absorbing the functions of the abolished South Australian Community Housing Authority (SACHA). The 2014 amendments transferred appeals from a dedicated Housing Appeal Panel to the generalist SACAT, and the 2015 amendments removed specific committee requirements. The Act now functions as a broad housing policy and delivery vehicle rather than merely a public landlord statute."},"complexity_factors":["Multiple cross-references to other Acts (Public Sector (Honesty and Accountability) Act 1995, Corporations Act 2001, Land Acquisition Act 1969, Real Property Act 1886, etc.)","Conditional powers requiring ministerial or Treasurer approval in numerous sections (ss 21, 23, 24, 33, 42)","Nested exceptions in section 21(2)-(3) regarding prohibited joint ventures and profit-sharing schemes","Complex property transfer mechanisms in sections 23, 36, 37 and Schedule 2 with automatic vesting provisions","Detailed procedural requirements for board meetings and decisions (section 15) including quorum rules and written resolutions","Specific covenant registration scheme in section 21A with binding effect on subsequent owners despite not benefiting SAHT land","Multi-layered appeal process (internal review then Tribunal) with specific exclusions and stay provisions (Part 3A)","Transitional provisions in Schedule 2 and subsequent amendment schedules preserving employment conditions and property transfers","27 defined terms in section 3 interpretation section, with some terms referencing other Parts of the Act"],"plain_english_summary":"This Act establishes and governs the **South Australian Housing Trust (SAHT)**, the main government body responsible for public housing in South Australia.\n\n**What it does:**\n- **Continues the SAHT** as a legal entity (a \"body corporate\") that can own property, enter contracts, and sue or be sued.\n- **Sets out SAHT's core mission**: providing affordable, secure, and appropriate housing for South Australians, managing public housing as a landlord, and supporting initiatives to increase affordable housing supply.\n- **Establishes governance**: A seven-member board of management (with gender balance requirements) oversees SAHT, appointed by the Governor. The board operates under ministerial direction.\n- **Grants extensive powers**: SAHT can buy, sell, lease, and develop land; borrow money; provide financial assistance to housing initiatives; and enter joint ventures (with ministerial approval).\n- **Creates an appeal system**: People affected by SAHT decisions—such as housing applications, rent assessments, or tenancy disputes—can seek internal review and then appeal to the South Australian Civil and Administrative Tribunal (SACAT).\n- **Regulates property transfers**: Allows the Minister (with Treasurer concurrence) to transfer assets, rights, and liabilities between SAHT, government departments, and other entities.\n- **Provides for subsidiaries**: The Governor can create subsidiary bodies to carry out specific housing functions.\n\n**Who it affects:**\n- **Public housing tenants and applicants**—their rights to housing, rent setting, and appeal pathways.\n- **The SAHT board and staff**—their powers, duties, and accountability requirements.\n- **Community housing providers**—who may receive funding or work with SAHT.\n- **Property owners and developers**—who may deal with SAHT regarding land acquisition, covenants, or joint developments.\n\n**Why it matters:**\nThis Act is the legal foundation for how public housing operates in South Australia. It balances SAHT's operational independence with ministerial control, ensures accountability through reporting and auditing requirements, and gives tenants a right to challenge decisions. It also allows SAHT to adapt by forming subsidiaries and entering commercial arrangements, provided they ultimately serve the goal of providing affordable housing."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-housing-trust-act-1995","history":"/api/acts/south-australian-housing-trust-act-1995/history","analysis":"/api/acts/south-australian-housing-trust-act-1995/analysis","conflicts":"/api/acts/south-australian-housing-trust-act-1995/conflicts","importantCases":"/api/acts/south-australian-housing-trust-act-1995/important-cases","documents":"/api/acts/south-australian-housing-trust-act-1995/documents"}}