{"id":"C1969A00087","name":"States Grants (Dwellings for Aged Pensioners) Act 1969","slug":"states-grants-dwellings-for-aged-pensioners-act-1969","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"87 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":5389,"registerId":"commonwealth-C1969A00087-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"States Grants (Dwellings for Aged Pensioners) Act 1969","content":"States Grants (Dwellings for Aged Pensioners)\n\nNo. 87 of 1969\n\nAn Act to grant Financial Assistance to the States in connexion with the provision of Self-contained Dwellings for certain Aged Pensioners.\n\n\\[Assented to 27 September 1969\\]\n\nBE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—\n\nShort title.\n\n1. This Act may be cited as the States Grants (Dwellings for Aged Pensioners) Act 1969.\n\nCommencement.\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nInterpretation.\n\n3. In this Act, unless the contrary intention appears—\n\n“approved building scheme” means a building scheme approved by the Minister under the next succeeding section;\n\n“building scheme” includes—\n\n(a) the purchase of land, with or without a building;\n\n(b) the planning, erection, alteration or extension of a building;\n\n(c) the development or preparation of land for the erection or extension of a building;\n\n(d) the installation of water, electricity or other services; and\n\n(e) the provision of fixtures, fittings and appliances (other than furniture and furnishings) in or in connexion with a building;\n\n“eligible pensioner” means a person who—\n\n(a) is in receipt of an age pension under Part III. of the Social Services Act 1947–1969 and is a person to whom section 30a of that Act applies; or\n\n(b) is in receipt of a service pension under section 84 of the Repatriation Act 1920–1969 and is a person to whom section 98a of that Act applies;\n\n“self-contained dwelling” means a dwelling that contains living, sleeping, cooking, bathing and sanitary acilities that are not shared with another dwelling;\n\n  \n\n“the period in relation to which this Act applies” means the period that commenced on the first day of July, One thousand nine hundred and sixty-nine, and ends on the thirtieth day of June, One thousand nine hundred and seventy-four;\n\n“the Schedule” means the Schedule to this Act.\n\nPower of Minister to approve building schemes.\n\n4.—(1.) Subject to this section, the Minister may, for the purposes of this Act, by instrument in writing, approve a building scheme in connexion with the provision of self-contained dwellings for eligible pensioners.\n\n(2.) The Minister may, in pursuance of the last preceding sub-section, approve a building scheme formulated before the commencement of this Act (including a scheme formulated before the commencement of the period in relation to which this Act applies) but he shall not approve a building scheme if the erection, alteration or extension of any building in pursuance of the scheme was begun before the commencement of that period.\n\n(3.) In this section, “self-contained dwelling” does not include a dwelling that is designed for occupation by more than one person at a time.\n\nGrants for building schemes in connexion with dwellings for pensioners.\n\n5.—(1.) The Minister may authorize the payment to a State under this Act during the period in relation to which this Act applies, in relation to an approved building scheme in that State, by way of financial assistance, of such amounts as, subject to this Act, he determines.\n\n(2.) The Minister shall not authorize the payment to a State under the last preceding sub-section of an amount that exceeds, or of amounts that exceed in the aggregate, the amount specified in the Schedule opposite to the name of that State.\n\n(3.) The Minister shall not authorize payments under this Act of amounts that exceed in the aggregate—\n\n(a) in the case of payments before the thirtieth day of June, One thousand nine hundred and seventy—Five million dollars;\n\n(b) in the case of payments before the thirtieth day of June, One thousand nine hundred and seventy-one—Ten million dollars;\n\n(c) in the case of payments before the thirtieth day of June, One thousand nine hundred and seventy-two—Fifteen million dollars; and\n\n(d) in the case of payments before the thirtieth day of June, One thousand nine hundred and seventy-three—Twenty million dollars.\n\n(4.) Subject to the next two succeeding sub-sections, the Minister may, at any time during the period in relation to which this Act applies, by instrument in writing published in the Gazette, determine that this Act shall have effect as if the amount specified in the Schedule opposite to the name of a State were varied as set out in the instrument.\n\n  \n\n(5.) The Minister shall not make a determination under the last preceding sub-section by virtue of which the maximum amount payable under this Act would exceed Twenty-five million dollars.\n\n(6.) The Minister shall not make a determination under sub-section (4.) of this section by virtue of which the maximum amount payable under this Act to a State would be reduced unless the State has consented to the reduction.\n\nGrants to be expended on approved building schemes.\n\n6. Payment of an amount to a State under this Act is subject to the condition that the State will ensure that an amount equal to that amount is expended, as approved by the Minister, in connexion with the approved building scheme in relation to which the payment was authorized.\n\nReports as to progress of work to be furnished by States.\n\n7. In addition to the condition specified in the last preceding section, payment of an amount to a State under this Act is subject to the condition that the State will, whenever requested by the Minister, furnish to the Minister a report as to the progress of work, and the expected rate of further progress of work, in connexion with the approved building scheme in relation to which the payment was authorized or, if work has not commenced in connexion with the scheme at the time when the request is made, as to the expected time of commencement of work, and the expected rate of progress of work, in connexion with the scheme.\n\nInformation to be furnished by States.\n\n8.—(1.) In addition to the conditions specified in the last two preceding sections, the grant of financial assistance to a State under this Act in a financial year is subject to the condition that the State will furnish to the Minister as soon as practicable after the end of that financial year—\n\n(a) a statement setting out the amounts expended by the State during that financial year in connexion with approved building schemes and accompanied by a certificate of the Auditor-General of the State certifying that the amounts specified in the statement were expended as shown in the statement;\n\n(b) a statement setting out the amounts, other than amounts referred to in the last preceding paragraph, expended by the State during that financial year in connexion with the provision of self-contained dwellings for aged persons; and\n\n(c) such further information, if any, as the Minister requires in relation to the provision by the State during that financial year of self-contained dwellings for aged persons.\n\n(2.) In this section, “self-contained dwelling” does not include a dwelling that is designed for occupation by more than two persons at the one time.\n\n  \n\nConditions as to repayments.\n\n9. In addition to the conditions specified in any other provision of this Act, payment of an amount to a State under this Act is subject to the condition that—\n\n(a) if the Minister informs the Treasurer of the State that he is satisfied that the State has failed to fulfil a condition applicable to that amount, the State will repay that amount to the Commonwealth; and\n\n(b) if that amount exceeds the amount properly payable, the State will repay the excess to the Commonwealth.\n\nAppropriation.\n\n10. Amounts payable to a State under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\nAnnual reports by the Minister.\n\n11. The Minister shall cause a statement to be laid before each House of the Parliament as soon as practicable after the end of each financial year that is included in the period in relation to which this Act applies setting out the payments that have been made under this Act during that financial year and specifying the building schemes in relation to which the payments have been so made and the number of self-contained dwellings provided, or to be provided, under each scheme.\n\nTHE SCHEDULE Section 5(2.).\n\n——\n\n|                                        | $          |\n| -------------------------------------- | ---------- |\n| New South Wales.....................   | 10,750,000 |\n| Victoria...........................    | 6,500,000  |\n| Queensland.........................    | 3,350,000  |\n| South Australia......................  | 2,000,000  |\n| Western Australia..................... | 1,750,000  |\n| Tasmania..........................     | 650,000    |\n|                                        | 25,000,000 |","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Section 3 (definition of 'self-contained dwelling') vs Section 4(3)","severity":"high","reasoning":"The Section 3 definition of 'self-contained dwelling' sets no occupancy limit — it requires only that living, sleeping, cooking, bathing and sanitary facilities are not shared with another dwelling. Section 4(3) then redefines the same term for the purposes of the approval power to exclude any dwelling designed for more than one person. This means an aged pensioner couple sharing a self-contained unit could not be housed under an approved scheme. The Act's purpose is housing for aged pensioners, yet the operative approval mechanism excludes the most natural household unit for many aged pensioners. The layered redefinition creates genuine confusion about the Act's intended scope.","confidence":0.92,"description":"The Act's main definition of 'self-contained dwelling' in Section 3 is silently and materially overridden by Section 4(3), which excludes dwellings designed for occupation by more than one person at a time. This means the Minister can only approve building schemes for strictly single-occupancy dwellings — a extraordinarily restrictive interpretation that appears to exclude couples, which is a bizarre outcome for an aged pensioners housing scheme."},{"type":"self_contradicting","section":"Section 8(2)","severity":"medium","reasoning":"The Act now has three operative definitions of 'self-contained dwelling': (1) the base definition in Section 3 (no occupancy cap); (2) Section 4(3) for approval purposes (max one person); and (3) Section 8(2) for reporting purposes (max two persons). A dwelling housing a couple could be reported on under Section 8 but could never have been approved under Section 4. This incoherence undermines the integrity of the reporting regime — States would be furnishing information about dwellings that, on a strict reading, should never have been approved in the first place.","confidence":0.9,"description":"Section 8(2) redefines 'self-contained dwelling' for reporting purposes to exclude dwellings designed for occupation by more than *two* persons at one time — a different threshold from Section 4(3)'s limit of more than *one* person. This creates a third, inconsistent definition of the same term operating within the same Act."},{"type":"other","section":"Section 5(3)","severity":"medium","reasoning":"The Act's operative period runs to 30 June 1974 per Section 3. Section 5(3) sets staged aggregate caps up to 30 June 1973 (capped at $20 million), but is silent on the period from 1 July 1973 to 30 June 1974. The only applicable constraint in that final year is the Schedule total of $25 million and Section 5(5)'s $25 million ceiling on ministerial variation. However, the absence of an explicit sub-paragraph (e) creates ambiguity about whether the $20 million cap from (d) carries over or whether payments in the final year are subject only to the global $25 million ceiling. Given the Schedule itself totals exactly $25 million, the omission is at minimum an inelegant drafting gap, and at worst implies the final year was intended to allow an additional $5 million leap with no staged constraint.","confidence":0.78,"description":"The cumulative payment caps in Section 5(3) are structurally incomplete. Sub-paragraphs (a) through (d) set aggregate caps for payments before 30 June 1970, 1971, 1972, and 1973 respectively, but there is no cap specified for payments before 30 June 1974 — the final year of the operative period. This creates an implied uncapped year."},{"type":"retroactive_impossibility","section":"Section 4(2)","severity":"low","reasoning":"While not strictly impossible, approving schemes formulated well before the operative period but on which no physical work had commenced creates a peculiar category. Any scheme formulated significantly before July 1969 that had not commenced construction would raise practical questions about why it was delayed. More pointedly, this provision cannot apply to any scheme where preparatory physical works (e.g. site clearing, foundations) began before 1 July 1969, even if the formal scheme document predates the Act. The distinction between 'formulating' a scheme and 'beginning' work is not defined, creating genuine ambiguity at the margin.","confidence":0.7,"description":"Section 4(2) permits the Minister to approve building schemes formulated before the Act commenced — including schemes formulated before the commencement of the operative period (1 July 1969) — but prohibits approval if any building work under the scheme *began* before 1 July 1969. This creates a narrow and potentially retroactively impossible compliance window: a scheme formulated before 1 July 1969 must have been ready to go but with not a single sod turned."},{"type":"other","section":"Section 3 (definition of 'self-contained dwelling')","severity":"low","reasoning":"The definition reads 'bathing and sanitary acilities' — missing the 'f'. In strict statutory construction, 'acilities' is not a word, which could theoretically render the definition ambiguous as to whether 'sanitary acilities' (whatever they are) are truly the same as 'sanitary facilities'. Courts would almost certainly apply the slip rule and read the intended word, but it is a genuine drafting defect in an enrolled Act.","confidence":0.97,"description":"The definition of 'self-contained dwelling' contains what appears to be a typographical error — 'acilities' instead of 'facilities'. While a minor drafting error rather than a logical flaw, in a legal instrument the misspelling of a key term in a central definition could technically be exploited to argue the definition is incomplete or uncertain."}],"contradictions":[{"severity":"high","section_a":"Section 4(3)","section_b":"Section 8(2)","confidence":0.92,"description":"Section 4(3) restricts 'self-contained dwelling' for approval purposes to dwellings designed for no more than one person, while Section 8(2) restricts the same term for reporting purposes to dwellings designed for no more than two persons. These two sub-definitions are directly inconsistent with each other and with the base definition in Section 3."},{"severity":"medium","section_a":"Section 5(2) and the Schedule","section_b":"Section 5(5)","confidence":0.85,"description":"The Schedule allocates exactly $25,000,000 across all States, and Section 5(2) caps payments to each State at its Schedule amount. Section 5(5) provides that no ministerial variation under Section 5(4) can cause the maximum amount payable to exceed $25 million. However, Section 5(4) allows the Minister to *vary* individual State allocations. If the Minister increases one State's allocation above its Schedule amount, the total would exceed $25 million unless another State's allocation is simultaneously reduced — but Section 5(6) prohibits reducing a State's allocation without its consent. This creates a practical deadlock: increasing any State's allocation above its Schedule figure risks breaching the $25 million ceiling unless another State voluntarily accepts a reduction."},{"severity":"low","section_a":"Section 5(3)(d)","section_b":"Section 5(3) generally and the Schedule","confidence":0.75,"description":"Section 5(3)(d) caps aggregate payments before 30 June 1973 at $20 million, but the Schedule's total allocation is $25 million and Section 5(5) permits a maximum of $25 million. The Act covers the period to 30 June 1974 but Section 5(3) provides no cap for the final year of the operative period (1 July 1973 to 30 June 1974). This creates tension between the staged-cap regime and the overall ceiling, as $5 million must effectively be paid in a single uncapped year."},{"severity":"high","section_a":"Section 3 (definition of 'self-contained dwelling')","section_b":"Section 4(3)","confidence":0.93,"description":"The Act-wide definition of 'self-contained dwelling' in Section 3 imposes no occupancy restriction, while Section 4(3) imposes a strict single-occupancy restriction for the same term within the approval power. Since every grant payment under Section 5 flows from an 'approved building scheme' under Section 4, the more restrictive Section 4(3) definition effectively governs the entire grants regime, rendering the broader Section 3 definition largely otiose and misleading."}]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is a single-purpose, time-limited funding instrument. Its scope is narrow and consistent throughout — Commonwealth grants to States for self-contained housing for eligible aged pensioners over a fixed five-year period ending 30 June 1974, capped at $25 million in total. There is no evidence of scope creep or expansion beyond the original intent stated in the long title. The Act appears to represent exactly what it was designed to do, without amendment or broadening of purpose."},"complexity_factors":["Small number of defined terms (6) with mostly straightforward meanings","Moderate cross-referencing to external Acts (Social Services Act 1947–1969 and Repatriation Act 1920–1969) for the definition of eligible pensioners","Tiered annual spending caps in section 5(3) introduce some conditional logic","Ministerial discretion to vary State allocations subject to multiple constraints creates layered conditions","Two subtly different definitions of 'self-contained dwelling' depending on context (single-occupant in s.4(3) vs. up to two persons in s.8(2)), which could cause confusion","Multiple stacked conditions on grant payments across sections 6, 7, 8 and 9 require reading several provisions together","Schedule with per-State dollar allocations must be read alongside section 5 to understand the full payment framework"],"plain_english_summary":"## States Grants (Dwellings for Aged Pensioners) Act 1969\n\nThis Act sets up a **Commonwealth funding scheme** to help Australian States build self-contained homes for elderly pensioners. Here's what it does in plain terms:\n\n---\n\n### Who does it affect?\n\n- **The six Australian States**, who receive the money and must build the dwellings\n- **Eligible aged pensioners**, specifically:\n  - People receiving an **age pension** (the regular government payment for older Australians) who meet certain means or residency conditions under the *Social Services Act 1947–1969*; and\n  - Veterans receiving a **service pension** (a payment for ex-military personnel) who meet equivalent conditions under the *Repatriation Act 1920–1969*\n\n---\n\n### What does it do?\n\n- The Commonwealth **grants money to the States** to fund the construction (or purchase, alteration, or extension) of **self-contained dwellings** — homes that have their own living, sleeping, cooking, bathing and toilet facilities and are not shared with another dwelling — for eligible elderly pensioners\n- The Minister can **approve building schemes** submitted by the States, which can cover buying land, building or renovating structures, connecting utilities, and fitting out the premises (but not furniture)\n- Each State gets a **capped allocation** from a total pool of **$25 million** over five years (1 July 1969 to 30 June 1974), with the per-State amounts set out in the Schedule (e.g. NSW gets up to $10.75 million, Tasmania up to $650,000)\n- There are also **annual spending caps** to smooth out the payments over time (e.g. no more than $5 million total before 30 June 1970, $10 million before 30 June 1971, and so on)\n- The Minister can **adjust a State's allocation** up or down by publishing a notice in the *Gazette* (the official government publication), but only with the State's consent if their share is being reduced, and the total can never exceed $25 million\n\n---\n\n### What strings are attached?\n\nStates that receive money must:\n1. **Spend it** on the approved building scheme it was granted for\n2. **Report on progress** whenever the Minister asks — including expected start dates if construction hasn't begun yet\n3. **Submit annual financial statements** (certified by the State's Auditor-General) and information about all self-contained dwellings being provided for aged people, not just those funded under this Act\n4. **Repay the money** if they fail to meet any of these conditions, or if they were paid more than they were entitled to\n\n---\n\n### Why does it matter?\n\nThis Act reflects a **mid-20th century Commonwealth approach to social housing** — using tied grants (money given to States with conditions attached) to address a specific social need. It recognises that elderly pensioners, particularly those living alone, needed purpose-built housing that gave them independence (their own kitchen, bathroom, etc.) rather than shared or institutional accommodation. The Minister must also **report to Parliament** each year on what was built and how the money was spent, providing public accountability."}},"importantCases":[],"_links":{"self":"/api/acts/states-grants-dwellings-for-aged-pensioners-act-1969","history":"/api/acts/states-grants-dwellings-for-aged-pensioners-act-1969/history","analysis":"/api/acts/states-grants-dwellings-for-aged-pensioners-act-1969/analysis","conflicts":"/api/acts/states-grants-dwellings-for-aged-pensioners-act-1969/conflicts","importantCases":"/api/acts/states-grants-dwellings-for-aged-pensioners-act-1969/important-cases","documents":"/api/acts/states-grants-dwellings-for-aged-pensioners-act-1969/documents"}}