{"id":"south-australian-housing-trust-regulations-2025","name":"South Australian Housing Trust Regulations 2025","slug":"south-australian-housing-trust-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237278,"registerId":"sa-south-australian-housing-trust-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Housing Trust Regulations 2025","content":"South Australia\nSouth Australian Housing Trust Regulations 2025\nunder the South Australian Housing Trust Act 1995\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCriteria—affordable housing\n5\tFinancial accommodation\n6\tJoint ventures\n7\tRegistration of covenants—prescribed fee\n8\tAppeals—prescribed periods\n9\tResponsibility for payment of water rates\n10\tMandatory provision in conditions of tenancy agreement\n11\tGoods left on premises\nSchedule 1—Repeal of South Australian Housing Trust Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the South Australian Housing Trust Regulations 2010.\n2—Commencement\nThese regulations will come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the South Australian Housing Trust Act 1995;\nCommonwealth Department means an Agency within the meaning of the Public Service Act 1999 of the Commonwealth.\n4—Criteria—affordable housing\nThe Minister may, by notice in the Gazette, determine criteria that are to be applied for the purpose of determining whether a policy, strategy, program, application or other matter falls within the concept of affordable housing.\n5—Financial accommodation\nPursuant to section 21(1)(d) of the Act, SAHT is authorised to borrow money or obtain other forms of financial accommodation—\n\t(a)\tfrom another agent or instrumentality of the Crown; or\n\t(b)\tfrom a Commonwealth Department or instrumentality; or\n\t(c)\tunder the terms of an intergovernmental agreement to which the State is a party.\n6—Joint ventures\nThe following are prescribed for the purposes of section 21(3) of the Act:\n\t(a)\ta scheme or arrangement involving land owned or occupied by SAHT;\n\t(b)\ta scheme or arrangement that does not require SAHT to contribute (in total) more than $1.1 million in money or resources.\n7—Registration of covenants—prescribed fee\nThe amount prescribed from time to time by fee notice as the fee for the registration of an encumbrance under the Real Property Act 1886 is prescribed for the purposes of section 21A(6)(c) of the Act.\n8—Appeals—prescribed periods\nFor the purposes of section 32D(2)(a) of the Act, the following periods are prescribed:\n\t(a)\tin the case of an application that relates to—\n\t(i)\ta decision of SAHT not to renew a tenancy; or\n\t(ii)\ta decision of SAHT to terminate a tenancy; or\n\t(iii)\ta decision of SAHT on an application to SAHT to transfer a tenancy to the spouse, partner or other family member of the tenant or former tenant; or\n\t(iv)\ta decision of SAHT on an application to SAHT for rent assistance, or in relation to a bond, where the landlord is not SAHT,\n7 days;\n\t(b)\tin any other case—30 days.\n9—Responsibility for payment of water rates\nWhere SAHT is the landlord of premises subject to a tenancy agreement, SAHT and the tenant under the tenancy agreement are responsible for water rates payable under section 35 of the Water Industry Act 2012 in respect of the premises as follows:\n\t(a)\tSAHT is responsible for payment of the supply charge for the right to a supply of water to the premises;\n\t(b)\tthe tenant is responsible—\n\t(i)\tif a separate meter is fitted to the premises to measure the quantity of water supplied to the premises—for all water rates (other than the supply charge) payable in respect of the premises;\n\t(ii)\tif no such separate meter is fitted to the premises—for the proportion (as determined by SAHT in respect of each financial year) of all water rates (other than the supply charge) payable in respect of the premises.\n10—Mandatory provision in conditions of tenancy agreement\nAn agreement between SAHT and a tenant setting out the conditions of the tenancy must contain a provision in a form approved from time to time by the Minister that allows SAHT to charge, as a component of the rent payable under the agreement, a premium if the income of the tenant exceeds an amount determined by SAHT from time to time and the tenant does not meet eligibility criteria determined by SAHT (from time to time).\nNote—\nA provision inserted in an agreement under this regulation will not apply to a tenant who last applied for SAHT housing before 25 February 1998.\n11—Goods left on premises\n\t(1)\tThe following provisions apply if goods are left on residential premises after the end of a tenancy where SAHT is the landlord:\n\t(a)\tSAHT may, when at least 2 days have passed after taking possession of the premises, remove, and destroy or dispose of, the goods if—\n\t(i)\tthey are perishable foodstuffs; or\n\t(ii)\tthey are left on residential premises that have been left in an insanitary or hazardous condition; or\n\t(iii)\ttheir value is less than a fair estimate of the cost of their removal, storage and sale;\n\t(b)\tSAHT must store the goods in a safe place and manner for at least 60 days if the goods are not liable to destruction or disposal under paragraph (a).\n\t(2)\tSAHT must, within 7 days after storing goods or having goods stored under this regulation—\n\t(a)\tgive notice of the storage of the goods to—\n\t(i)\tif the tenant has left a forwarding address—the tenant; and\n\t(ii)\tif another person has, to the knowledge of SAHT, an interest in the goods and the person's name and address are known to, or reasonably ascertainable by, SAHT—that person; and\n\t(b)\tpublish notice of the storage of the goods in a newspaper circulating generally throughout the State.\n\t(3)\tA notice must be in the form approved by the Minister for the purposes of this regulation.\n\t(4)\tA person who is entitled to possession of goods stored under this regulation may reclaim the goods after paying to SAHT—\n\t(a)\tthe reasonable costs of their removal and storage; and\n\t(b)\tthe reasonable costs of giving notice under subregulation (2)(b); and\n\t(c)\tany other reasonable costs incurred by SAHT as a result of the goods being left on the premises.\n\t(5)\tUnless SAHT is satisfied that there are reasonable grounds for storing the goods for a period longer than 60 days, SAHT must, if the goods are not reclaimed within that period, have the goods sold by public auction as soon as practicable after the end of that period.\n\t(6)\tOn the sale of the goods by public auction, SAHT—\n\t(a)\tmay retain out of the proceeds of sale—\n\t(i)\tthe reasonable costs of removing, storing and selling the goods; and\n\t(ii)\tthe reasonable costs of giving notice under subregulation (2)(b); and\n\t(iii)\tany other reasonable costs incurred by SAHT as a result of the goods being left on the premises; and\n\t(iv)\tany amounts owed to SAHT under a tenancy agreement relating to the premises; and\n\t(b)\tmust pay the balance (if any) to the owner or, if the identity and address of the owner are not known to or reasonably ascertainable by SAHT, to the credit of the Consolidated Account.\n\t(7)\tIf goods are sold by public auction under this regulation, the purchaser acquires a good title to the goods which defeats—\n\t(a)\tthe tenant's interest in the goods; and\n\t(b)\tthe interests of others (apart from the tenant) unless the purchaser has actual notice of the interest before purchasing the goods.\n\t(8)\tIn this regulation, residential premises are in an insanitary or hazardous condition if—\n\t(a)\tthe condition of the premises gives rise to a risk to health or safety; or\n\t(b)\tthe premises are so filthy or neglected that there is a risk of infestation by rodents or other pests; or\n\t(c)\toffensive or hazardous material or odours are emitted from the premises; or\n\t(d)\tin the opinion of SAHT—the premises are for some other reason in an insanitary or hazardous condition.\nSchedule 1—Repeal of South Australian Housing Trust Regulations 2010\nThe South Australian Housing Trust Regulations 2010 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n72\nGazette 31.7.2025 p2887 \n31.7.2025: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrievable. The submitted text is a '404 Page Not Found' error from the South Australian legislation website, containing no substantive regulatory provisions."},"complexity_factors":["No legislative content was provided — the submission contains only a website error page","Complexity cannot be assessed without the actual text of the regulations","Score of 1 reflects the absence of any analysable legal material, not simplicity of the underlying law"],"plain_english_summary":"The requested South Australian Housing Trust Regulations 2025 could not be analysed because the URL returned a \"Page Not Found\" error on the SA legislation site, so the actual regulations were not available for review. Without the text, no legal analysis can be provided.\n\nTo proceed, retrieve the correct document from legislation.sa.gov.au (search the title), recreate any old link using the current site structure, or contact the Office of Parliamentary Counsel (OPCWeb@sa.gov.au)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for the South Australian Housing Trust. The 2025 version appears to be a straightforward remake of the 2010 regulations with updated references and modernised provisions, without significant expansion into new policy areas."},"complexity_factors":["Short length (11 regulations plus schedule)","Minimal defined terms (only 2 explicit definitions in regulation 3, plus 1 in regulation 11(8))","Straightforward conditional logic (mostly simple 'if/then' structures)","Limited cross-referencing (references to parent Act sections are clear and purposeful)","One nested exception (regulation 10 note exempting pre-1998 applicants)","Practical, operational focus rather than abstract legal concepts"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the operational rules for the **South Australian Housing Trust (SAHT)** — the government body that provides public and affordable housing in South Australia. Think of it as the 'instruction manual' that tells SAHT how to run its day-to-day business.\n\n**Key things covered:**\n\n- **Who can get affordable housing** — The Minister can set criteria to decide what counts as 'affordable housing' for policies and programs.\n\n- **How SAHT can borrow money** — SAHT can borrow from other government bodies, Commonwealth agencies, or under intergovernmental agreements (deals between State and Federal governments).\n\n- **Joint ventures** — SAHT can partner with others on land deals or projects, provided SAHT doesn't put in more than $1.1 million.\n\n- **Fees for property restrictions** — Sets the fee for registering covenants (legal promises attached to land) at the same rate used for other property registrations.\n\n- **Appeal time limits** — Tenants have **7 days** to appeal urgent decisions (like eviction or tenancy termination) and **30 days** for everything else.\n\n- **Water bills** — SAHT pays the fixed 'supply charge' for water; tenants pay for what they use (measured by meter, or a fair share if there's no separate meter).\n\n- **Rent premiums for higher-income tenants** — Tenancy agreements must include a clause allowing SAHT to charge extra rent if a tenant's income exceeds certain thresholds and they no longer meet eligibility criteria. *Note: This doesn't apply to people who applied for housing before 25 February 1998.*\n\n- **Abandoned goods** — Rules for what happens when tenants leave belongings behind: SAHT can immediately throw out perishable food or hazardous items; everything else must be stored for 60 days, with proper notice given, before being sold at auction. Sale proceeds cover SAHT's costs and any rent owed, with leftovers going to the owner or the State.\n\n**Who it affects:**\n- Public housing tenants in South Australia\n- People on SAHT waiting lists\n- SAHT itself and its staff\n- Anyone doing business with SAHT (joint venture partners, lenders)\n\n**Why it matters:**\nThese rules directly affect the rights and responsibilities of roughly 40,000+ public housing households in SA. They determine how quickly someone can be evicted, who pays for water, what happens to your stuff if you're forced to leave, and whether you might face a rent increase if your income goes up. The regulations also repeal and replace the 2010 version, updating the rules for modern operations."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"These regulations expressly repeal the South Australian Housing Trust Regulations 2010 (Schedule 1) and replace them with a new set of rules that (inter alia) delegate to the Minister the power to define 'affordable housing' (s4); authorise specific borrowing sources and intergovernmental financing arrangements for SAHT (s5); prescribe the types of joint ventures and cap SAHT's total contribution at $1.1 million (s6); set prescribed appeal periods for certain tenancy decisions (s8); allocate responsibility for water charges between SAHT and tenants and require SAHT to determine proportions where no meter exists (s9); mandate a tenancy clause allowing SAHT to charge a rent premium when tenant income exceeds SAHT thresholds (s10); and establish a detailed storage, notice and sale process for goods left after tenancy (s11). These are concrete scope changes from the prior instrument by repeal and substitution (Schedule 1)."},"complexity_factors":["Delegated legislative power: Minister may determine affordable housing criteria and approve forms (s4, s10) increasing administrative discretion.","Financial discretion and intergovernmental arrangements: SAHT authorised to borrow from Crown agencies, Commonwealth departments or under intergovernmental agreements (s5).","Prescribed limits and conditions on joint ventures: definition includes SAHT land and a monetary cap on SAHT contribution ($1.1 million) (s6).","Cross‑referencing to other statutes and external instruments (Real Property Act 1886 fee notices, Water Industry Act 2012 water rates) requiring inter‑agency coordination (s7, s9).","Differing statutory timeframes and procedural steps: short appeal windows (7 or 30 days) and staged notice/storage/sale process for goods left after tenancy with multiple cost recovery rules (ss8,11).","Operational compliance burden on SAHT: duties to determine annual proportional water charges where no separate meter exists (s9), maintain storage, publish notices and run auctions (s11).","Revenue and cost allocation mechanisms: ability to recover costs from sale proceeds and to apply rent premium tied to SAHT income thresholds introduces administrative collection tasks (s10, s11(6)).","Exemptions and grandfathering: a specific historical exemption from the rent‑premium provision (note to s10) adds interpretation complexity."],"plain_english_summary":"These regulations set rules for the South Australian Housing Trust’s financing, joint ventures, tenancy terms, water billing, appeal timeframes and disposal of goods left after tenancy, and repeal the 2010 regulations. They affect SAHT, tenants and third‑party partners by giving the Minister power to define “affordable housing” and SAHT discretion to borrow from Crown or Commonwealth bodies (ss4–6), allowing a rent premium for higher‑income tenants (s10), allocating water charges between landlord and tenant (s9), and prescribing appeal and disposal procedures for abandoned goods (ss8,11)."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-housing-trust-regulations-2025","history":"/api/acts/south-australian-housing-trust-regulations-2025/history","analysis":"/api/acts/south-australian-housing-trust-regulations-2025/analysis","conflicts":"/api/acts/south-australian-housing-trust-regulations-2025/conflicts","importantCases":"/api/acts/south-australian-housing-trust-regulations-2025/important-cases","documents":"/api/acts/south-australian-housing-trust-regulations-2025/documents"}}