This Law creates a single national register and system for registering, monitoring and regulating non‑government community housing providers across participating jurisdictions, and gives Registrars powers to approve registrations, impose conditions, issue binding instructions, appoint statutory managers and cancel registrations (ss3, 9–12, 15, 19–21). It applies to entities that provide community housing and to assets declared as community housing assets. Providers bear compliance duties including reporting, inspections and paying statutory manager expenses; Registrars exercise substantial discretion in conditions and enforcement (ss15, 19, 22).
Mechanically, the instrument establishes a national, register-based regulatory framework for non-government community housing providers that operates in participating Australian jurisdictions. It creates a single National Register of Community Housing Providers to be maintained jointly by Registrars in participating jurisdictions, prescribes who may be a registrable entity, sets out application and approval processes, lists mandatory conditions of registration, and furnishes a graduated enforcement toolkit for Registrars including notices of non-compliance, binding instructions, notices of intent to cancel, cancellation powers, and appointment of statutory managers (see Pt 3 generally, Pt 4 generally, ss 12, 13, 14, 15, 18-21).
The Law records Parliament’s objectives for the scheme, namely to provide a national system of registration, monitoring and regulation to encourage development, viability and quality of community housing, to promote confidence in governance so as to facilitate investment in the sector, and to make interstate operation easier (s 3(1)). The text also identifies a purpose of registration as identifying entities to which government funding might be provided under other laws or policies (s 3(2)). Those are the official purpose-claims; they appear in the source and are attributed here to the Law (s 3).
Operationally, Registrars are empowered and required to maintain the register, assess suitability for registration, impose and enforce conditions, investigate complaints, monitor compliance, share information with other Registrars, and give advice to relevant Ministers and Housing Agencies (s 10). Registrars act under jointly made guidelines and are subject to the control and direction of the relevant Minister in each participating jurisdiction (ss 10(2), 9(3)). The Law makes specific procedural and substantive requirements for registered providers, including compliance with specified parts of a National Regulatory Code (Schedule 1) identified on the Register, recordkeeping obligations, reporting and notification requirements for insolvency or governance events, and limitations on asset transfers on winding-up (s 15).
Current sections
Direct links to the current provisions in Community Housing Providers National Law (NSW).
This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.
3
Object
3 Object
3 Object
(1) The object of this Law is to provide for a national system of registration, monitoring and regulation of community housing providers:
(a) to encourage the development, viability and quality of community housing, and
(b) to promote confidence in the good governance of registered community housing providers so as to facilitate greater investment in that sector, and
(c) to make it easier for community housing providers to operate in more than one participating jurisdiction.
(2) A purpose of registration is to identify appropriate entities to which government funding for community housing might be provided under other legislation or policies of a jurisdiction.
4
Definitions
4 Definitions
4 Definitions
(1) In this Law:
binding instructions means instructions given under section 19.
category of registration means a category of registration under this Law for which provision is made in the guidelines under section 10 (2).
community housing means housing for people on a very low, low or moderate income or for people with additional needs that is delivered by non-government organisations.
community housing asset of a community housing provider means:
(a) land vested in the provider by or under the community housing legislation of a participating jurisdiction, or
(b) land acquired by the provider wholly or partly with funding provided by a Housing Agency of a participating jurisdiction, or
(c) land vested in the provider on which a Housing Agency of a participating jurisdiction has constructed housing or made other improvements, or
(d) funds provided to the provider by a Housing Agency of a participating jurisdiction for the purposes of community housing, or
(e) any other asset of the provider that is of a class of assets declared by the community housing legislation of a participating jurisdiction as community housing assets for the purposes of this Law.
community housing legislation of a participating jurisdiction means:
(a) this Law as it applies as a law of that jurisdiction by an Act of that jurisdiction (including provisions of that Act that relate to the application of this Law in that jurisdiction), or
(b) so much of an Act of that jurisdiction that contains provisions that substantially correspond to the provisions of this Law,
and includes any other legislation of that jurisdiction that the law of that jurisdiction declares to be community housing legislation.
entity means the following:
(a) a company limited by shares or guarantee under the Corporations Act 2001 of the Commonwealth,
(c) a body corporate, cooperative or incorporated association created under legislation of the Commonwealth or a State or Territory.
function includes a power, authority or duty, and exercise a function includes perform a duty.
Housing Agency of a participating jurisdiction, means a body or officer declared to be a Housing Agency of that jurisdiction by the community housing legislation for that jurisdiction for the purposes of the provision of this Law in which the expression occurs.
National Register means the National Register of Community Housing Providers established by this Law.
notice of intent to cancel registration—see section 20.
notice of non-compliance—see section 18.
participating jurisdiction means an Australian jurisdiction in which:
(a) this Law applies as a law of the jurisdiction, or
(b) a law that substantially corresponds to the provisions of this Law has been enacted.
primary jurisdiction—see section 5.
primary Registrar for an unregistered entity or registered community housing provider means the Registrar for the primary jurisdiction of the unregistered entity or registered community housing provider.
registered community housing provider means an entity registered under this Law as a community housing provider.
Registrar means a Registrar for a participating jurisdiction as referred to in section 9.
registration means registration under this Law.
relevant Minister means the Minister declared by the community housing legislation of this jurisdiction as the relevant Minister for the purposes of the provision of this Law in which the expression occurs.
State means the Crown in right of a participating jurisdiction, and includes:
(a) the Government of a participating jurisdiction, and
(b) a Minister of the Crown in right of a participating jurisdiction, and
(c) a statutory corporation, or other person, representing the Crown in right of a participating jurisdiction.
statutory manager means a statutory manager appointed under section 21.
(2) In this Law, a reference to registration or any other matter under this Law includes registration or any other act or matter under a law of a participating jurisdiction that substantially corresponds to the provisions of this Law.
(3) This Law is to be interpreted in accordance with the Interpretation Act 1987 of New South Wales.
5
Primary jurisdiction
5 Primary jurisdiction
5 Primary jurisdiction
(1) For the purposes of this Law, the primary jurisdiction of an unregistered entity or registered community housing provider is:
(a) the participating jurisdiction in which the unregistered entity or registered community housing provider provides the majority of its community housing, or
(b) in the case of an unregistered entity that provides no community housing in a participating jurisdiction, the participating jurisdiction in which it intends to provide the majority of its community housing, or
(c) if the Registrars for each participating jurisdiction agree on a different participating jurisdiction, that jurisdiction.
(2) The Registrars may agree to a different primary jurisdiction at any time whether or not on the application of the unregistered entity or registered community housing provider.
(3) As soon as is practicable after making an agreement under this section, the Registrars must ensure that the unregistered entity or registered community housing provider concerned is notified in writing of its new primary jurisdiction and if the agreement relates to a registered community housing provider, that the National Register is updated accordingly.
(4) Housing in a jurisdiction other than a participating jurisdiction is not to be taken into account in determining where the majority of the community housing of an unregistered entity or a registered community housing provider is located.
6
Single national register
6 Single national register
6 Single national register
It is the intention of the Parliament of this jurisdiction that this Law, as applying under the community housing legislation of this and other participating jurisdictions, has the effect that the National Register of Community Housing Providers is one single national register.
7
Extraterritorial operation of Law
7 Extraterritorial operation of Law
7 Extraterritorial operation of Law
It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following:
(a) things situated in or outside the territorial limits of this jurisdiction,
(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction,
(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.
8
Law binds the State
8 Law binds the State
8 Law binds the State
This Law binds the State.
Part 2
The Registrar
Part 2 The Registrar
Part 2 The Registrar
9
The Registrar
9 The Registrar
9 The Registrar
(1) There is to be a Registrar for each participating jurisdiction.
(2) The Registrar for a participating jurisdiction is the individual or body declared by the community housing legislation of that jurisdiction to be the Registrar for the purposes of this Law.
(3) The Registrar for a participating jurisdiction is subject to the control and direction of the relevant Minister of that jurisdiction.
10
Functions of Registrar
10 Functions of Registrar
10 Functions of Registrar
(1) A Registrar has the following functions:
(a) to maintain the National Register of Community Housing Providers jointly with the Registrars of other participating jurisdictions,
(b) to assess the suitability of entities to be registered as registered community housing providers,
(c) to register entities as registered community housing providers and to cancel the registration of registered community housing providers,
(d) to monitor compliance by registered community housing providers with community housing legislation and to exercise enforcement and intervention functions under that legislation,
(e) to investigate complaints about the compliance of registered community housing providers with community housing legislation,
(f) to provide information about the registration of entities and information about the compliance of registered community housing providers with community housing legislation,
(g) to share information and to cooperate with Registrars of other participating jurisdictions for the purposes of community housing legislation,
(h) to provide information and advice to the relevant Minister and Housing Agency in relation to the registration of entities and the regulation of registered community housing providers and any other matter under community housing legislation,
(i) any other function conferred or imposed on the Registrar by or under this Law or any other law.
(2) In exercising functions under this Law, a Registrar is required to comply with any guidelines made jointly by the relevant Ministers of each participating jurisdiction and published in the New South Wales Government Gazette or on the NSW legislation website.
(3) A Registrar and any delegate of the Registrar is not personally liable for any matter or thing done or omitted to be done in good faith in the exercise of his or her functions under this Law.
11
Delegation of functions by Registrar
11 Delegation of functions by Registrar
11 Delegation of functions by Registrar
(1) The Registrar for this jurisdiction may delegate any of the Registrar’s functions under this Law (other than this power of delegation) to:
(a) the Registrar for another participating jurisdiction, or
(b) a person, or person of a class, declared by the community housing legislation of this jurisdiction for the purposes of this section.
(2) Without limiting subsection (1), the functions that may be delegated under this section include:
(a) functions of the Registrar as primary Registrar for an unregistered entity or registered community housing provider, and
(b) functions conferred on the Registrar by the conditions of registration referred to in section 15, and
(c) functions delegated to the Registrar by the Registrar for another participating jurisdiction.
Part 3
Registration
Part 3 Registration
Part 3 Registration
12
National Register of Community Housing Providers
12 National Register of Community Housing Providers
12 National Register of Community Housing Providers
(1) The National Register of Community Housing Providers is established.
(2) The following information is to be recorded on the National Register in respect of each entity whose application for registration has been approved:
(a) the name and identifying details of the entity,
(b) the category of registration of the entity,
(c) the primary jurisdiction of the entity,
(d) each other participating jurisdiction in which the entity has community housing assets,
(e) the conditions to which the registration of the entity is subject,
(f) a copy of any notice of intent to cancel registration issued to the entity,
(g) whether the registration of the entity has been cancelled at any time and details of any such cancellation, including a copy of any notice of cancellation issued to the entity,
(h) a copy of any binding instructions issued to the entity,
(i) details of any appointment of a statutory manager, including a copy of the relevant instrument of appointment,
(j) any other information about the entity that a Registrar considers to be relevant for the purposes of this Law.
(3) The Registrars may agree to divide the National Register into different parts to assist in the administration of the National Register.
(4) The primary Registrar for an entity may at any time, by notice in writing to the entity, vary the category of registration of the entity and move the registration of the entity to any other part of the National Register.
(5) Information on the National Register is to be made publicly available.
(6) A Registrar may carry out searches of the National Register on a person’s behalf and may charge a reasonable fee for the search.
13
Application for registration or variation of registration
13 Application for registration or variation of registration
13 Application for registration or variation of registration
(1) An application for registration or the variation of an existing registration may be made by or on behalf of an entity that provides or intends to provide community housing.
(2) An application may only be made to the primary Registrar for the entity.
(3) A Registrar who receives an application but who is not the primary Registrar for the entity is to refer the application to the primary Registrar.
(4) An application must be in a form approved by the primary Registrar for the entity and be accompanied by the fee determined in accordance with the community housing legislation of the primary jurisdiction.
(5) The primary Registrar may require an applicant to provide further information or documents for the purposes of determining the application, including information or documents with respect to the following:
(a) the exercise of the provider’s functions and any arrangements with other persons in relation to the exercise of the provider’s functions,
(b) the affairs of the provider.
(6) Subsection (5) does not authorise a Registrar to require information or any document that identifies an individual who is an occupier of residential premises.
14
Determination of application
14 Determination of application
14 Determination of application
(1) The primary Registrar for an entity must approve an application duly made by or on behalf of the entity under section 13 if the Registrar is satisfied that:
(a) the entity provides or intends to provide community housing in a participating jurisdiction, and
(b) the entity will comply with the community housing legislation of the participating jurisdictions, and
(c) the entity will comply with any conditions to which its registration, or registration as varied, will be subject, and
(d) approval of the application is appropriate in the circumstances.
(2) The primary Registrar must, as soon as is practicable after making a determination under this section, notify the applicant in writing of:
(a) the determination, and
(b) if the application is not approved, the reasons for the determination, and
(c) if the application is approved, the category of the registration including whether the entity has been registered in a particular part on the National Register and any conditions to which the registration is subject.
15
Conditions of registration
15 Conditions of registration
15 Conditions of registration
(1) A registered community housing provider must comply with the conditions to which its registration is subject.
(2) The following are conditions of the registration of each registered community housing provider:
(a) the provider must comply with those provisions of the National Regulatory Code set out in Schedule 1 to this Law that are identified on the National Register as applying to the provider,
(b) the provider must comply with any applicable requirements of the community housing legislation of a participating jurisdiction in relation to the transfer of, or other dealing with, any community housing assets of the provider,
(c) the provider must have provision in its constitution for all its remaining community housing assets in a participating jurisdiction on its winding up to be transferred to another registered community housing provider or to a Housing Agency in the jurisdiction in which the asset is located,
(d) the provider must, at the times and in a manner approved by the primary Registrar for the provider, provide any information required by the primary Registrar with respect to the exercise of the provider’s functions, including arrangements with other persons with respect to the exercise of the provider’s functions,
(e) the provider must, after receiving a written request for information from a Registrar in relation to the affairs of the provider, provide within 14 days (or such longer period as may be permitted by the Registrar) the Registrar with the information requested including a copy of any document or record specified in the request,
(f) the provider must, if requested to do so in writing by a Registrar, ensure that a suitably qualified officer of the provider attends, at such times as the Registrar may direct, a meeting with the Registrar in order to answer questions about the affairs of the provider,
(g) the provider must allow a Registrar to carry out inspections at any reasonable time of the provider’s premises or records,
(h) the provider must notify the primary Registrar for the provider of the occurrence of any of the following within the time specified:
(i) a decision to appoint a voluntary administrator to the provider or a decision to wind-up the provider—as soon as practicable after the decision,
(ii) the appointment of a receiver to the provider—as soon as practicable after the provider learns of the appointment,
(iii) a decision to apply for the cancellation of the provider’s registration—as soon as practicable after the decision and at least 28 days before the application is made,
(iv) a decision to conduct a vote at a meeting on a matter that could affect the provider’s eligibility to be registered or its category of registration—as soon as practicable after the decision and at least 28 days before the meeting is held,
(v) a change in the affairs of the provider that may have an adverse impact on its compliance with the community housing legislation—before or no later than 72 hours after the change,
(vi) any other occurrence notified in writing to the provider by the primary Registrar—within the time specified in that notice,
(i) the provider must keep a list of all of the provider’s community housing assets in a form approved by the primary Registrar and must make the list available to the primary Registrar on request,
(j) a standard condition imposed by the primary Registrar under subsection (3).
(3) The Registrars may agree to additional standard conditions of registration which may be imposed on the registration of a registered community housing provider by the primary Registrar for the provider:
(a) when determining an application under this Part, or
(b) at any other time by notice in writing to the provider.
(4) An additional standard condition may be revoked by the primary Registrar for the registered community housing provider at any time by notice in writing to the provider.
(5) The primary Registrar for a registered community housing provider must give the provider an opportunity to make a submission on any proposed notice under subsection (3) (b) and take any submission made into account before issuing the notice to the provider.
(6) This section does not authorise:
(a) a registered community housing provider to provide information to a Registrar that identifies an individual who is an occupier of residential premises, or
(b) a Registrar to enter residential premises occupied by an individual,
other than with the consent of the individual.
16
Cancellation of registration
16 Cancellation of registration
16 Cancellation of registration
(1) The primary Registrar for a registered community housing provider may cancel the registration of the provider if:
(a) the provider has applied to the Registrar in a form approved by the Registrar for its registration to be cancelled, or
(b) the provider has been wound up or has otherwise ceased to exist.
(2) The primary Registrar may refuse to cancel the registration of a community housing provider under subsection (1) (a) if the primary Registrar is not satisfied that each community housing asset of the provider in each participating jurisdiction has been transferred or otherwise dealt with in accordance with the community housing legislation of a participating jurisdiction that applies to the asset.
(3) The primary Registrar for a registered community housing provider may also cancel the registration of the provider if:
(a) the primary Registrar has issued a notice of intent to cancel registration to the provider under section 20 and the provider has not, within the time specified in the notice, satisfied the primary Registrar that its registration should not be cancelled, and
(b) the primary Registrar has given written notice to the provider of the primary Registrar’s decision to cancel the provider’s registration setting out the reasons for the proposed cancellation and the date on which the cancellation is to take effect.
Part 4
Enforcement powers of Registrar
Part 4 Enforcement powers of Registrar
Part 4 Enforcement powers of Registrar
17
When action may be taken under Part
17 When action may be taken under Part
17 When action may be taken under Part
The primary Registrar for a registered community housing provider may take action under this Part if the Registrar reasonably believes that the provider is not complying with the community housing legislation of a participating jurisdiction.
18
Notice of non-compliance
18 Notice of non-compliance
18 Notice of non-compliance
(1) The primary Registrar for a registered community housing provider may issue to the provider a notice in writing (a notice of non-compliance) identifying the matters required to be addressed in order to avoid cancellation of the provider’s registration for not complying with the community housing legislation and specifying a reasonable period in which those matters are to be addressed.
(2) The Registrar is to provide a copy of the notice to the Registrar for each participating jurisdiction.
19
Binding instructions to rectify non-compliance
19 Binding instructions to rectify non-compliance
19 Binding instructions to rectify non-compliance
(1) The primary Registrar for a registered community housing provider may give written instructions to the provider as to the manner in which the provider is to address any matter that is the subject of a notice of non-compliance issued to the provider.
(2) More than one set of instructions may be issued in relation to a notice of non-compliance.
(3) A registered community housing provider and each relevant person must comply with any instructions given to the provider under this section within the period (if any) specified in those instructions.
(4) A Registrar must, in determining whether to give instructions under this section:
(a) have regard to the interests of any tenants of the registered community housing provider, and
(b) take such steps as are reasonably practicable to obtain the views of any regulatory bodies that the Registrar considers have a relevant interest in the matter.
(5) In this section:
relevant person in relation to a registered community housing provider means:
(a) a member of the governing body of the provider, or
(b) an officer or employee of the provider.
20
Notice of intent to cancel registration
20 Notice of intent to cancel registration
20 Notice of intent to cancel registration
(1) The primary Registrar for a registered community housing provider may issue a notice of intent to cancel registration to the provider if the Registrar is of the opinion that:
(a) the provider has not addressed the matters identified in a notice of non-compliance issued to the provider within the period specified in the notice, or
(b) the provider has not complied with binding instructions issued to the provider within the period specified in the instructions, or
(c) the provider’s failure to comply with the community housing legislation is serious and requires urgent action.
(2) A notice of intent to cancel registration is a notice in writing that identifies the matters that the Registrar considers warrant cancellation of the registered community housing provider’s registration and states that the provider’s registration will be cancelled unless, within the period specified in the notice (being a period of at least 14 days), the provider satisfies the Registrar that its registration should not be cancelled.
(3) Any period specified in a notice of intent to cancel registration may be extended in writing by the Registrar at the request of the registered community housing provider concerned if the Registrar is satisfied that there are good reasons for extending the period.
(4) The Registrar is to provide a copy of the notice to the Registrar and Housing Agency for each participating jurisdiction.
21
Statutory managers
21 Statutory managers
21 Statutory managers
(1) The primary Registrar for a registered community housing provider may, by instrument in writing, appoint a statutory manager to conduct such of the affairs and activities of the provider as relate to the community housing assets of the provider.
(2) The primary Registrar may appoint a person as a statutory manager of the provider only if either of the following occurs:
(a) a notice of intent to cancel registration has been issued to the provider,
(b) the Registrar forms the opinion that the provider has failed to comply with community housing legislation or binding instructions issued to the provider and the provider’s failure to comply is serious and requires urgent action.
(3) The instrument of appointment of a person as a statutory manager of a registered community housing provider must specify the following:
(a) the person’s name,
(b) details of the provider,
(c) details of the person’s functions as a statutory manager,
(d) any limitations on the person’s functions as a statutory manager,
(e) the date on which the appointment takes effect,
(f) the period of appointment (which may be expressed as continuing until further written notice from the primary Registrar),
(g) any conditions of the appointment,
(h) any other matter the primary Registrar considers appropriate.
(4) A copy of the instrument of appointment must be served on the registered community housing provider.
(5) The primary Registrar may amend or revoke an instrument of appointment at any time.
(6) A statutory manager has the functions specified in the instrument of appointment (subject to any limitations specified in the instrument) and is to comply with any conditions specified in the instrument.
(7) While a statutory manager is appointed to exercise functions of a registered community housing provider, the governing body of the provider may not exercise any of those functions without the consent of the statutory manager.
(8) The primary Registrar must revoke a person’s appointment as statutory manager if the primary Registrar is satisfied that:
(a) the registered community housing provider will no longer fail to comply with community housing legislation or any binding instructions, or
(b) the provider no longer has any functions with respect to community housing in participating jurisdictions, or
(c) the provider has been wound up.
22
Other provisions relating to exercise of functions by statutory manager
22 Other provisions relating to exercise of functions by statutory manager
22 Other provisions relating to exercise of functions by statutory manager
(1) The expenses of and incidental to the conduct of the affairs and activities of a registered community housing provider by a statutory manager appointed under this Law are payable by the provider.
(2) Those expenses include:
(a) in the case of a statutory manager who is not an employee of the State, the remuneration of the statutory manager (being a rate of remuneration that may be fixed by the relevant Minister), or
(b) in the case of a statutory manager who is an employee of the State, the reimbursement of the State of an amount certified by the relevant Minister in respect of the remuneration of that employee (being an amount that is recoverable from the registered community housing provider concerned in a court of competent jurisdiction as a debt due to the State).
(3) A statutory manager appointed under this Law for a registered community housing provider is not liable for any loss incurred by the provider during the statutory manager’s term of office unless the loss was attributable to:
(a) wilful misconduct of the statutory manager, or
(b) gross negligence of the statutory manager, or
(c) wilful failure of the statutory manager to comply with community housing legislation or with any other law regulating the conduct of members of the governing body of the provider.
Sections 19 and 21 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act generally.
Note—
Section 5G of the Corporations Act 2001 of the Commonwealth enables a State to displace the operation of the provisions of the Corporations legislation of the Commonwealth in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section. See, in particular, section 5G (4), (5) and (11) of the Corporations Act 2001 of the Commonwealth in relation to the displacement effected by this section.
24
No compensation payable by State
24 No compensation payable by State
24 No compensation payable by State
(1) Compensation is not payable by or on behalf of a State in connection with the operation of this Part.
(2) Without limiting subsection (1), compensation is not payable by or on behalf of a State arising directly or indirectly from any of the following:
(a) the cancellation of an entity’s registration or the imposition of conditions on any such registration,
(b) the publication of any notice of intent to cancel registration,
(c) the issuing of binding instructions,
(d) the appointment of a statutory manager,
(e) the exercise by any person of any function of a statutory manager or a failure by any person to exercise any such function or any loss incurred by an entity during the term of office of a statutory manager for the entity.
(3) In this section:
compensation includes damages or any other form of monetary compensation.
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
25
Appeals to Appeal Tribunal
25 Appeals to Appeal Tribunal
25 Appeals to Appeal Tribunal
(1) An entity may appeal to the Appeal Tribunal of the primary jurisdiction of the entity in relation to any of the following decisions of a Registrar:
(a) a decision to refuse an application for registration or for the variation of a registration of the entity,
(b) a decision to impose or revoke any additional standard condition of registration of the entity,
(c) a decision to issue binding instructions to the entity,
(d) a decision to vary the category of the entity’s registration,
(e) a decision to cancel the entity’s registration,
(f) a decision to refuse an application made by or on behalf of the entity for the cancellation of its registration,
(g) a decision to appoint a statutory manager.
(2) An appeal is to be made within the relevant appeal period after the Registrar provides the entity with written notice of the decision, being a notice that specifies:
(a) the reasons for the decision, and
(b) the right of the entity to appeal to the Appeal Tribunal within the relevant appeal period after the entity is provided with the notice, and
(c) the manner in which the entity may make any such appeal, and
(d) whether the decision is to be stayed pending the determination of the appeal.
(3) A decision of the Registrar is not stayed unless:
(a) the Registrar notifies the entity under subsection (2) that the decision is to be stayed, or
(b) the Appeal Tribunal orders the decision to be stayed.
(4) In this section:
Appeal Tribunal, in respect of an entity, has the same meaning as it has in the community housing legislation for the primary jurisdiction of the entity.
relevant appeal period means the period of 14 days or such longer period as the community housing legislation for the primary jurisdiction allows for the making of appeals under this section.
26
Disclosure of information
26 Disclosure of information
26 Disclosure of information
A Registrar, and any delegate of the Registrar, who has obtained information in the exercise of his or her functions under this Law or any other law has a duty not to disclose that information unless the disclosure is made:
(a) in connection with the administration or execution of this Law or the other law, or
(b) with the consent of the person from whom the information was obtained, or
(c) in accordance with an authority provided by the guidelines under section 10 (2), or
(d) with other lawful excuse.
Schedule 1
National Regulatory Code
Schedule 1 National Regulatory Code
Schedule 1 National Regulatory Code
(Section 15 (2) (a))
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
1 Short title
This Law may be cited as the Community Housing Providers National Law (NSW).
2 Commencement
2 Commencement
2 Commencement
This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.
3 Object
3 Object
3 Object
(1) The object of this Law is to provide for a national system of registration, monitoring and regulation of community housing providers:
(a) to encourage the development, viability and quality of community housing, and
(b) to promote confidence in the good governance of registered community housing providers so as to facilitate greater investment in that sector, and
(c) to make it easier for community housing providers to operate in more than one participating jurisdiction.
(2) A purpose of registration is to identify appropriate entities to which government funding for community housing might be provided under other legislation or policies of a jurisdiction.
4 Definitions
4 Definitions
4 Definitions
(1) In this Law:
binding instructions means instructions given under section 19.
category of registration means a category of registration under this Law for which provision is made in the guidelines under section 10 (2).
community housing means housing for people on a very low, low or moderate income or for people with additional needs that is delivered by non-government organisations.
community housing asset of a community housing provider means:
(a) land vested in the provider by or under the community housing legislation of a participating jurisdiction, or
(b) land acquired by the provider wholly or partly with funding provided by a Housing Agency of a participating jurisdiction, or
Enforcement options escalate from administrative engagement to compulsory directions and structural intervention: a Registrar may issue a notice of non-compliance requiring rectification (s 18), then give binding instructions on how to rectify the non-compliance (s 19), issue a notice of intent to cancel registration (s 20), cancel registration (s 16), or appoint a statutory manager to conduct affairs related to community housing assets (s 21). The Law expressly declares sections authorising binding instructions and appointment of statutory managers to displace certain provisions of the Commonwealth Corporations Act 2001 for s 5G purposes (s 23). The Law also provides that the State is not liable to pay compensation in connection with these enforcement powers (s 24).
The instrument applies extraterritorially to the extent possible and contemplates participating jurisdictions adopting this Law as a law of the jurisdiction or enacting substantially corresponding provisions, with registrars coordinating a single national register (ss 6, 7, 4(1)(b)). It includes protections for tenant privacy by limiting the information a Registrar may require about individual occupiers and restricting entry to residential premises without consent (s 13(6), s 15(6)).
In short, the Law creates a centralised registration and supervisory regime, prescribes substantive governance, reporting and asset-related conditions, empowers supervisory intervention up to statutory management with costs recoverable from the provider, and limits compensation against the State for those interventions. The stated policy aim is to foster investment and cross-jurisdictional operation (s 3), and those aims are implemented through the registry, compliance conditions and enforcement powers described above.
Main concepts
This Law organises its regulatory architecture around a few core concepts, each defined in the text and given operative effect across the instrument.
Registered community housing provider and registration: An entity that is registered under this Law as a community housing provider must comply with the conditions of that registration (s 4, defined terms; s 15(1)). Registration is granted by the primary Registrar and recorded on the National Register (ss 12, 13, 14). The Law contemplates categories of registration and registration parts for administrative differentiation (s 4, definition of category of registration; s 12(3)-(4)).
National Register and primary Registrar: A single National Register is to be maintained jointly by Registrars of participating jurisdictions (s 12(1); s 6). Each entity has a primary jurisdiction and therefore a primary Registrar, determined by where the majority of its community housing is provided, or by agreement of the Registrars (s 5). The primary Registrar is the decision-maker for applications, conditions and enforcement for that entity (ss 13(2), 14(1), 15(2)(d)-(g)).
Community housing and community housing assets: Community housing is defined as housing for people on very low, low or moderate incomes or with additional needs delivered by non-government organisations (s 4). The instrument specifies what constitutes a community housing asset of a provider, including land vested, land acquired with Housing Agency funding, funds provided by a Housing Agency, and any class of asset declared under the jurisdiction’s community housing legislation (s 4, definition of community housing asset). Those definitions operate to delimit both regulatory obligations and asset-related transfer or winding-up rules (s 15(2)(b)-(c), s 16(2)).
Registrars, functions and guidance: Each participating jurisdiction has a Registrar who performs the core registry, assessment, monitoring and enforcement functions listed in s 10(1). Registrars must act in compliance with jointly made guidelines published in the NSW Gazette or on the NSW legislation website (s 10(2)). The Registrar is subject to the control and direction of the relevant Minister in that jurisdiction (s 9(3)).
Enforcement ladder: The Law sets out a staged enforcement process. After forming a reasonable belief that a provider is non-complying (s 17), the primary Registrar can issue a notice of non-compliance specifying rectification matters and a reasonable period (s 18). The Registrar can then give binding instructions as to how to address the matters (s 19), and if the provider fails to remedy the issues the Registrar may issue a notice of intent to cancel (s 20) and ultimately cancel the registration (s 16). In urgent or serious cases, the Registrar may appoint a statutory manager to conduct affairs related to community housing assets (s 21).
Statutory manager: A statutory manager is an appointee with specified powers to manage affairs relating to the provider’s community housing assets, appointed by instrument, and their expenses are payable by the provider (s 21(1), s 22(1)-(2)). The governing body’s powers in respect of matters entrusted to the statutory manager are suspended unless the statutory manager consents (s 21(7)). The statutory manager has limited civil liability except for wilful misconduct, gross negligence or wilful failure to comply with applicable law regulating governing bodies (s 22(3)).
National Regulatory Code: Schedule 1 sets out a National Regulatory Code that specifies seven themes ranging from tenant services, asset management, community engagement, governance, probity, management, to financial viability (Schedule 1). Compliance with identified provisions of the Code is a condition of registration (s 15(2)(a)). The Register will identify which parts of the Code apply to each provider (s 12(2)(e)).
Interaction with Corporations Act and no-compensation rule: Sections authorising binding instructions and statutory managers are declared to displace the Corporations Act for s 5G purposes in relation to the provisions of that Act generally (s 23). The instrument also provides that compensation is not payable by the State in connection with the operation of Part 4, including cancellation, publication of notices, binding instructions and statutory manager appointments (s 24(1)-(2)).
Together, these concepts form a regime designed to standardise registration and supervision across jurisdictions, while giving primary Registrars strong administrative levers to intervene where providers are judged non-compliant.
Who it affects
Entities and persons affected by the Law are identified both in the definitions and by operative duties and powers. The following groups are directly or materially affected.
Entities that provide, or intend to provide, community housing: The definition of entity includes companies limited by shares or guarantee under the Corporations Act 2001, Aboriginal and Torres Strait Islander corporations under the CATSI Act, and bodies corporate, cooperatives or incorporated associations created under Commonwealth, State or Territory legislation (s 4, definition of entity). Such entities that operate or intend to operate as community housing providers will be required or be eligible to register with a primary Registrar if they provide community housing in a participating jurisdiction (s 13(1), s 14(1)(a)).
Registered community housing providers: Once registered, providers are subject to statutory conditions including compliance with the National Regulatory Code parts identified on the Register, asset transfer restrictions on winding-up, reporting and notification obligations, obligations to provide information and attend meetings on request, to allow reasonable inspections, and to keep an approved asset list (s 15(2)(a)-(j)). Registered providers also bear the financial consequences of enforcement measures, including paying expenses of a statutory manager (s 22(1)).
Governing body members, officers and employees of providers: The Law expressly applies certain duties and compliance requirements to relevant persons, defined as governing body members or officers or employees of the provider, which must comply with binding instructions (s 19(5), definition of relevant person). Governing bodies also lose the ability to exercise functions that fall within the statutory manager’s remit while a manager is appointed (s 21(7)).
Registrars and their delegates: Registrars are appointed under the community housing legislation of each participating jurisdiction (s 9(2)) and are responsible for maintaining the National Register, assessing and registering entities, monitoring compliance, and exercising enforcement functions. They act under Ministerial control and jointly made guidelines (ss 9(3), 10(2)). Registrars may delegate functions (s 11).
Housing Agencies and relevant Ministers: The Law recognises Housing Agencies in each participating jurisdiction, and Registrars are to provide information and advice to the relevant Minister and Housing Agency (s 10(1)(h); s 4, definition of Housing Agency). Registrars must provide copies of notices and some documents to Registrars and Housing Agencies in other participating jurisdictions where stated (see ss 18(2), 20(4)).
Tenants and occupiers: Tenants are not addressees of registration per se, but the Law requires Registrars to have regard to tenants’ interests in determining whether to give binding instructions (s 19(4)(a)). The Law also protects tenant privacy by preventing Registrars from requiring information that identifies an individual occupier and from entering residential premises occupied by an individual without consent, except where the individual consents (s 13(6), s 15(6)).
Courts, Appeal Tribunals and related adjudicative bodies: Entities can appeal Registrar decisions to the Appeal Tribunal of the primary jurisdiction on enumerated matters, including registration refusal, conditions, binding instructions, variation of category, cancellation and appointment of a statutory manager (s 25(1)). The Register information is public and searchable, which can affect third parties that rely on register data (s 12(5)-(6)).
The State and taxpayers indirectly: The Law expressly confines compensation exposure for the State in relation to its enforcement actions under Part 4 (s 24). At the same time, costs of statutory management are recoverable from providers, and the Registrar’s discretion to appoint statutory managers or issue instructions could generate administrative and legal costs borne by providers and potentially the State in some instances, for example through Registrar staffing, publication and guideline-making.
Who pays and who decides are clear in the Law: Registrars decide on registration, conditions and enforcement (s 10, s 14, s 18-21), relevant Ministers exercise control and receive advice (s 9(3), s 10(1)(h)), and providers bear fees and many enforcement costs including expenses of statutory managers (s 12(6), s 13(4), s 22). Housing Agencies and Registrars in different jurisdictions are given rights to be informed of enforcement steps (ss 18(2), 20(4)).
Key duties and rights
The statutory text sets out duties imposed on registered providers, procedural rights for applicants and registrants, and rights of appeal and information protections.
Key duties of registered providers
Comply with registration conditions: Registered providers must comply with the conditions of registration, which include mandatory compliance with identified provisions of the National Regulatory Code set out in Schedule 1, asset transfer rules, constitution provisions for winding-up, information and attendance obligations, inspection cooperation and notification obligations for specified events (s 15(1)-(2)(a)-(j)).
Reporting and information provision: Providers must provide information at times and in a manner approved by the primary Registrar about their functions and arrangements with other persons (s 15(2)(d)), and must provide information requested in writing within 14 days or longer if permitted (s 15(2)(e)). They must keep and produce an approved list of community housing assets on request (s 15(2)(i)).
Inspections and meetings: Providers must permit inspections at reasonable times of premises and records (s 15(2)(g)), and must ensure that a suitably qualified officer attends meetings when requested by a Registrar to answer questions (s 15(2)(f)).
Notifications: Providers must notify the primary Registrar of specified occurrences within set timeframes, for example voluntary administration or winding-up decisions as soon as practicable, receiver appointment as soon as practicable after learning, decisions to apply for cancellation or to conduct a relevant vote with specified advance notice, and changes that may adversely impact compliance before or within 72 hours (s 15(2)(h)(i)-(v)).
Compliance with binding instructions: Providers and relevant persons (governing body members, officers, employees) must comply with binding instructions issued by the primary Registrar within the period specified (s 19(3), s 19(5)).
Key rights and procedural protections
Application and approval process: An applicant may apply to the primary Registrar in an approved form and pay the fee determined by the community housing legislation of the primary jurisdiction (s 13(1)-(4)). The primary Registrar must approve an application if satisfied that prescribed criteria are met, and notify the applicant of reasons if an application is refused (s 14(1)-(2)).
Notice and opportunity to be heard before additional standard conditions: The primary Registrar must give the provider an opportunity to make submissions before imposing additional standard conditions by notice (s 15(3)-(5)).
Notice requirements before cancellation and appeal rights: The Registrar must issue a notice of intent to cancel identifying matters warranting cancellation and giving at least 14 days to satisfy the Registrar before cancellation (s 20(1)-(2)). The provider has a statutory right to appeal specified Registrar decisions to the Appeal Tribunal of the primary jurisdiction within the relevant appeal period (typically 14 days, s 25(1)-(2)).
Appeal and possible stay: An appeal can seek review of decisions including refusal to register, imposition of conditions, binding instructions, variation of category, cancellation, refusal to cancel on application, and appointment of a statutory manager (s 25(1)). A decision is not automatically stayed unless the Registrar or the Appeal Tribunal orders a stay (s 25(3)).
Privacy and premises access limits: The Registrar cannot require information identifying an individual occupier of residential premises, and cannot enter residential premises occupied by an individual without that person’s consent (s 13(6), s 15(6)(a)-(b)).
Registrar and statutory manager immunities: Registrars and their delegates are not personally liable for acts or omissions done in good faith in exercising their functions (s 10(3)). Statutory managers are not liable for losses incurred by the provider while the statutory manager is in office unless the loss was caused by wilful misconduct, gross negligence or wilful failure to comply with relevant laws regulating governing body conduct (s 22(3)).
Public register and search rights: Information on the National Register is to be publicly available (s 12(5)). Registrars may carry out searches on a person’s behalf and charge a reasonable fee for that search (s 12(6)).
Other operational rights
Delegation and inter-jurisdictional coordination: Registrars may delegate functions to other Registrars or persons declared by community housing legislation (s 11). Registrars may also agree to change an entity’s primary jurisdiction and must notify the entity and update the Register accordingly (s 5(2)-(3)).
Displacement and non-compensation: The Law declares that certain sections displace the Corporations Act (s 23). Also, the State is not liable to pay compensation in connection with Part 4 measures including cancellation, publication of notices, issuing binding instructions or appointing a statutory manager (s 24).
These duties and rights form the backbone of compliance obligations for registered providers, while providing administrative procedural protections like notice, opportunity to respond and appeal, with limited stay rights.
Penalties and enforcement
The text does not prescribe criminal or civil monetary penalties in the conventional form, such as fines or imprisonment, but it establishes a set of administrative enforcement measures and financial consequences. These are the principal enforcement features.
Administrative enforcement ladder
Notice of non-compliance: Where the primary Registrar reasonably believes a provider is not complying with community housing legislation, the Registrar may issue a written notice of non-compliance identifying matters that must be addressed and specifying a reasonable period for compliance (ss 17, 18(1)). A copy must be provided to the Registrars for each participating jurisdiction (s 18(2)).
Binding instructions: Following a notice of non-compliance, the primary Registrar may give written binding instructions to the provider about how to address the matters in the notice (s 19(1)). Multiple sets of instructions may be issued (s 19(2)). Providers and relevant persons must comply within any period specified (s 19(3)). The Registrar must have regard to tenants’ interests and reasonably practicable steps to obtain relevant regulators’ views when deciding whether to give instructions (s 19(4)).
Notice of intent to cancel registration: If the provider has not addressed matters or complied with binding instructions, or where failure to comply is serious and requires urgent action, the Registrar may issue a notice of intent to cancel registration (s 20(1)). The notice must identify the matters and give at least 14 days to satisfy the Registrar that registration should not be cancelled (s 20(2)). Copies must be provided to Registrars and Housing Agencies for participating jurisdictions (s 20(4)).
Cancellation of registration: The primary Registrar may cancel registration where an applicant requests cancellation but assets have not been dealt with as required (s 16(1)-(2)), or where the provider has not satisfied the Registrar after a notice of intent and the Registrar gives written notice of cancellation with reasons and an effective date (s 16(3)(a)-(b)).
Appointment of statutory manager: The primary Registrar may appoint a statutory manager by instrument to conduct affairs and activities of the provider relating to community housing assets if a notice of intent to cancel has been issued or the Registrar forms the opinion the failure to comply is serious and requires urgent action (s 21(1)-(2)). The instrument must set out functions, limitations, period, conditions and other matters (s 21(3)). While appointed, statutory managers displace the provider governing body from exercising those functions without the manager’s consent (s 21(7)).
Financial consequences and cost recovery
Expenses of statutory manager payable by provider: Expenses of statutory management are payable by the provider, and include remuneration of the statutory manager, whether an employee of the State or not. Where the statutory manager is a State employee, reimbursement certified by the relevant Minister is recoverable as a debt due to the State (s 22(1)-(2)). The Law thus shifts statutory manager costs onto the provider.
Search and application fees: Registrars may charge reasonable fees for searches of the National Register (s 12(6)). Application fees are required and determined in accordance with community housing legislation of the primary jurisdiction (s 13(4)).
Liability and immunity
Registrar and delegate immunity: Registrars and delegates are not personally liable for acts or omissions done in good faith in the exercise of their functions (s 10(3)).
Statutory manager limited liability: Statutory managers are not liable for loss incurred by the provider during their term unless the loss was caused by wilful misconduct, gross negligence or wilful failure to comply with laws regulating governing bodies (s 22(3)). This provides statutory protection to appointees performing the management role.
Other limits on remedies
No compensation from the State: The Law declares that compensation is not payable by or on behalf of a State in connection with the operation of Part 4, and itemises that this includes cancellation of registration, publication of notices, issuing binding instructions, appointment of a statutory manager, any exercise or failure to exercise statutory manager functions and losses incurred during a statutory manager’s term (s 24(1)-(2)). Compensation is defined broadly to include damages or any other monetary compensation (s 24(3)). This removes a State-level route to monetary remedies against enforcement actions under Part 4.
Appeals and stays
Appeal rights: Providers may appeal specified Registrar decisions to the Appeal Tribunal of the primary jurisdiction including decisions to issue binding instructions and appoint statutory managers (s 25(1)). Appeals must be made within the relevant appeal period (usually 14 days) and the Registrar’s notice must specify reasons, appeals process and whether the decision is stayed pending appeal (s 25(2)). A decision is not stayed unless the Registrar notifies a stay or the Appeal Tribunal orders a stay (s 25(3)).
Displacement of Corporations Act protections
Displacement declaration: Sections 19 and 21 are declared to be Corporations legislation displacement provisions for the purposes of s 5G of the Corporations Act 2001 in relation to that Act generally (s 23). The text does not spell out which particular Corporations Act provisions are displaced, but the declaration signals that statutory managers and binding instructions operate notwithstanding some protections or requirements that would otherwise be supplied by the Corporations Act.
In summary, enforcement is administrative and structural rather than criminal, with significant operational consequences including registration cancellation and statutory management, cost allocations to providers for management and recovery, restricted civil recourse against the State, and limited rights to stay enforcement actions pending appeal.
How it interacts with other laws
The instrument is designed to operate across jurisdictions and to interact with related Commonwealth and State laws. The statutory text expressly references several interplays.
Community housing legislation in participating jurisdictions: The Law is intended to apply in participating jurisdictions either by this Law being applied as a law of the jurisdiction, or by the participating jurisdiction enacting substantially corresponding provisions as community housing legislation (s 2, s 4, definition of community housing legislation of a participating jurisdiction). The Law anticipates that local community housing legislation may include provisions that correspond to it and that community housing legislation may declare other legislation as part of community housing legislation (s 4).
National Register coordination and extraterritorial reach: Registrars in participating jurisdictions jointly maintain the National Register, and the Parliament intends the Register to be a single national register (s 6). The Law expresses an intention for extraterritorial operation as far as possible, covering things and acts inside and outside territorial limits of a jurisdiction (s 7). The Registrars may agree to divide the National Register into parts for administration (s 12(3)).
Corporations Act 2001: The Law expressly declares sections 19 and 21 to be Corporations legislation displacement provisions for the purposes of s 5G of the Corporations Act 2001 (s 23). That mechanism is provided by the Corporations Act to allow State laws to displace aspects of Commonwealth corporations legislation where the State declares the provision as Corporations legislation displacement provision. The Law’s text does not specify in detail which Corporations Act provisions will be displaced, but the declaration signals that the binding instructions and statutory manager powers may override or replace aspects of corporate governance and external administration provided by the Corporations Act.
Interpretation Act 1987 (NSW): The Law is to be interpreted in accordance with the Interpretation Act 1987 of New South Wales (s 4(3)). This affects the construction of terms, commencement and other interpretive matters within the jurisdictional application.
Housing Agencies and relevant Ministers: The Law defines Housing Agencies of participating jurisdictions and provides for Registrars to share information and provide advice to relevant Ministers and Housing Agencies (s 4 definition; s 10(1)(g)-(h)). Notices of non-compliance and notices of intent to cancel must be provided to Registrars and Housing Agencies in other participating jurisdictions (ss 18(2), 20(4)), which builds inter-agency visibility into enforcement.
Appeal Tribunals and administrative law pathways: Appeals from Registrar decisions are to the Appeal Tribunal of the primary jurisdiction, meaning the institutional appeal path depends on the primary jurisdiction’s community housing legislation and its appeal body (s 25(4)). The Law requires Registrar notices to include reasons and information about appeals (s 25(2)). The Law does not itself create a judicial review right; normal judicial review avenues against administrative decisions under general administrative law may remain available, subject to other statutory bars and the displacement declaration where it applies.
Confidentiality and disclosure rules: Registrars have a duty not to disclose information obtained in the exercise of their functions unless disclosure is made in connection with administration or execution of the Law, with consent, under an authority in the guidelines, or with other lawful excuse (s 26). This interacts with other statutory secrecy or disclosure regimes, and the guidelines under s 10(2) may provide further authorities for disclosure across jurisdictions.
Insolvency and external administration laws: The Law interacts functionally with insolvency regimes by specifying reporting obligations on providers for decisions to appoint a voluntary administrator or receiver, or to wind up, and by providing an alternative regime for statutory management of community housing assets (s 15(2)(h)(i)-(ii); s 21). The displacement of the Corporations Act for certain provisions may affect how statutory management interacts with external administration under the Corporations Act.
Costs and recoveries: The Law contemplates recovery of statutory manager expenses and remuneration as debts due to the State where applicable (s 22(2)(b)). That creates a mechanism to realise public employee costs through civil recovery, interacting with ordinary insolvency law and debt enforcement procedures.
Practically, these interactions mean that registered providers must navigate obligations under their home jurisdiction’s community housing legislation, the national framework established in this Law, possible displacement of some Corporations Act protections in relation to binding instructions and statutory management, confidentiality obligations, and reporting duties that touch on insolvency and external administration regimes.
Amendment history
The text provided contains the operative provisions of the Community Housing Providers National Law (NSW) as set out above, but it does not include any recorded amendments, amendment dates, schedules of transitional arrangements, or notes of amendment within the source text provided. The instrument itself includes commencement mechanics, namely that it commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law in that jurisdiction (s 2). The source also specifies that guidelines made jointly by relevant Ministers are to be published in the NSW Government Gazette or on the NSW legislation website (s 10(2)).
Because the supplied text does not include an amendment schedule, marginal notes, or historicising annotations, the following observations are limited to what is present in the provided instrument:
No express amendment history, commencement dates or transitional provisions appear in the text supplied.
The Law is drafted to operate by application in participating jurisdictions, which implies that amendment activity may occur at the level of community housing legislation in each participating jurisdiction when adopting, modifying, or aligning with this Law.
Section 4(3) expressly imports the Interpretation Act 1987 (NSW) for interpretation, which can affect how later amendments are read, but the text contains no schedule or note of past amendments.
If a practitioner needs the actual amendment history, commencement dates for each participating jurisdiction, or any variations adopted by individual jurisdictions when applying this Law, the source text indicates those details will be found in the community housing legislation or Acts of participating jurisdictions that apply this Law as local law. Therefore, to assemble a complete amendment history you must consult the applying Act or the consolidated statute and the NSW legislation website or the relevant jurisdiction’s legislative register for amendment notes, notations of commencement, and ministerial guideline instruments referred to under s 10(2).
Absent further documentary material, there is no amendment chronology, no repeals, and no saved or transitional provisions available in the text supplied.
Litigation history
The provided statutory text contains no references to judicial decisions, tribunal determinations, or litigation that has interpreted, applied or challenged any provision of this Law. There are no named cases in the instrument itself, and no footnotes or annotations pointing to litigation history.
Consequently, based solely on the source material presented:
There is no litigation history recorded in the instrument.
There are no reported judicial interpretations of the instrument’s provisions contained in the text provided.
The appeal mechanism provided is internal to the administrative framework, specifying rights to appeal Registrar decisions to the Appeal Tribunal of the primary jurisdiction (s 25), but the Law does not include illustrative case law or guidance on how Appeal Tribunals have treated these matters.
For any practitioner seeking precedence, interpretive issues, or case law applying these statutory powers, further research is required in court and tribunal databases, registries of Appeal Tribunals for participating jurisdictions, and administrative law resources to check whether decisions have been issued that interpret the Registrar’s powers, the scope of binding instructions, the appointment and powers of statutory managers, or the interaction with the Corporations Act displacement provision (s 23).
Given the absence of litigation in the source, the instrument should be treated as setting out the statutory framework and procedural rights without an available body of interpretive authority in the provided text.
Gotchas
The Law contains several provisions and features that create particular compliance, operational or legal risks for providers and that merit attention in practice. Each item below is grounded in the statute text.
Rapid notification windows: Providers must notify the primary Registrar of key governance or solvency events within tight timeframes. For example, a change in the affairs of the provider that may adversely impact compliance must be notified before or no later than 72 hours after the change (s 15(2)(h)(v)). Decisions to appoint voluntary administrators or to wind up must be notified as soon as practicable; receivers must be notified as soon as the provider learns of the appointment (s 15(2)(h)(i)-(ii)). Failure to meet these timings may trigger enforcement action.
Binding instructions are enforceable against persons: Binding instructions issued by a primary Registrar are mandatory on the registered provider and relevant persons, defined to include governing body members and officers and employees, and non-compliance can lead to a notice of intent to cancel or statutory management (s 19(1)-(3), s 19(5)). This exposes individual officers and governing body members to direct operational constraints.
Displacement of Corporations Act protections: Sections 19 and 21 are declared to be Corporations legislation displacement provisions (s 23). That means statutory managers and binding instructions may operate notwithstanding protective features of the Corporations Act. Providers should not assume standard Corporations Act governance or insolvency protections necessarily govern these interventions.
Costs of statutory management sit with the provider: The instrument requires the provider to pay the expenses of statutory management, including statutory manager remuneration, and where the statutory manager is a State employee the State’s certified amount is recoverable as a debt (s 22(1)-(2)). This creates a direct financial obligation on the provider to fund the intervention.
No compensation from the State: The Law precludes compensation by or on behalf of the State in relation to Part 4 interventions including cancellation, binding instructions, appointment of statutory managers and losses incurred during statutory management (s 24). Providers cannot rely on a State-level monetary remedy against these actions under this statutory scheme.
Limited stay on enforcement pending appeal: Appeals to the Appeal Tribunal are available (s 25(1)), but a decision of the Registrar is not stayed unless the Registrar notifies that the decision is stayed, or the Appeal Tribunal orders a stay (s 25(3)). Practically, enforcement actions such as statutory manager appointments or cancellation may proceed during appeal processes.
Registrar control by Minister and guideline discretion: The Registrar is subject to the control and direction of the relevant Minister (s 9(3)), and must act in accordance with jointly made guidelines (s 10(2)). Political or policy direction and guideline variation could materially affect enforcement practice and regulatory standards.
Public exposure from the National Register: Information on the National Register is publicly available and will include conditions, notices of intent to cancel, cancelled registrations and copies of binding instructions and instruments of statutory management recorded on the Register (s 12(2)(e)-(i), s 12(5)). Publication can have reputational and contractual implications for providers.
Primary jurisdiction uncertainty: Primary jurisdiction is determined by where the majority of community housing is provided, or by Registrars’ agreement (s 5(1)-(3)). Registrars may agree to change the primary jurisdiction at any time and must notify the provider (s 5(2)-(3)). This can create jurisdictional uncertainty for multi-jurisdictional providers.
Broad information access and inspection powers: Conditions of registration include obligations to provide information, produce documents within 14 days, attend meetings, and allow inspections of premises and records at any reasonable time (s 15(2)(d)-(g), (e) & (g)). Providers must ensure records are organised and accessible while observing tenant privacy protections outlined in the Law (s 13(6), s 15(6)).
Mandatory constitution provisions for winding-up: Providers must have constitution provisions ensuring remaining community housing assets in a participating jurisdiction are transferred to another registered provider or a Housing Agency on winding up (s 15(2)(c)). Providers seeking to wind up must follow asset transfer rules; cancellation can be refused under s 16(2) if assets have not been dealt with in accordance with community housing legislation.
Potential cross-jurisdictional information sharing: Notices of non-compliance, notices of intent to cancel and similar actions are to be copied to Registrars and Housing Agencies of participating jurisdictions (ss 18(2), 20(4)). A local enforcement action can therefore trigger cross-jurisdictional scrutiny.
Limits on enquiries into individual occupiers: While the Registrar has broad inquiry powers, the Law limits the Registrar’s ability to require identifying information about individual occupiers or to enter occupied residential premises without consent (s 13(6), s 15(6)). Providers must understand the boundary between permissible corporate records disclosure and prohibited personal data requests.
These “gotchas” are direct outcomes of the statutory text and should be considered in governance documents, compliance systems, and contingency planning.
How to comply
This section sets out practical, source-grounded steps for entities that provide or intend to provide community housing and must comply with the Law. Each step references the relevant statutory requirement.
Establish whether you are required or eligible to register and identify your primary jurisdiction
Determine whether your organisation falls within the statutory definition of entity and whether it provides or intends to provide community housing as defined (s 4, definition of entity; definition of community housing). If you operate across multiple jurisdictions, calculate where the majority of your community housing is provided to identify the primary jurisdiction, and be mindful Registrars can agree to designate another primary jurisdiction (s 5(1)-(3)).
Apply to the primary Registrar using approved form and pay the fee
Submit an application for registration or variation to the primary Registrar in the approved form and pay the application fee as determined by the community housing legislation of the primary jurisdiction (s 13(1)-(4)). Ensure you include the required supporting documents and be prepared to provide further information about your arrangements with other persons and your affairs if requested (s 13(5)).
Draft constitutional provisions consistent with registration conditions
Ensure your constitution contains a requirement that all remaining community housing assets in a participating jurisdiction will be transferred on winding up to another registered provider or to a Housing Agency in the jurisdiction where the asset is located (s 15(2)(c)). This is a mandatory condition of registration.
Prepare and maintain asset registers and records
Keep a list of all community housing assets in a form approved by the primary Registrar and make it available on request (s 15(2)(i)). Maintain records that facilitate inspections and prompt production of requested documents within 14 days, or longer if the Registrar permits (s 15(2)(e), (g)).
Implement governance, probity and financial compliance measures aligned with the National Regulatory Code
Review Schedule 1 and ensure operational, governance and financial arrangements align with the Code sections identified on the Register as applying to you (s 15(2)(a); Schedule 1). This includes policies on eligibility, allocation, asset management, maintenance, community engagement, governance, probity, management systems, and financial viability (Schedule 1).
Establish notification and incident-response procedures
Create internal protocols to notify the primary Registrar of specified events within the statutory timeframes: voluntary administration or winding up decisions as soon as practicable; receiver appointments as soon as you learn of them; decisions to apply for cancellation or to hold votes affecting eligibility at least 28 days before; and any change in affairs that may adversely impact compliance before or within 72 hours (s 15(2)(h)(i)-(v)). Timely notification is essential to avoid enforcement escalation.
Train governing body members and officers about binding instructions and relevant person obligations
Ensure governing body members and officers are aware they are “relevant persons” who may be required to comply with binding instructions (s 19(5)). Develop governance protocols to secure timely compliance with any instructions issued by the primary Registrar and to document compliance actions.
Prepare for inspections and meetings with the Registrar
Maintain up-to-date records and a designated suitably qualified officer who can attend meetings when required by the Registrar to answer questions about the provider’s affairs (s 15(2)(f)). Ensure premises and records can be inspected at reasonable times (s 15(2)(g)).
Manage privacy and occupier information constraints
Be careful not to provide information that identifies individual occupiers of residential premises in response to Registrar requests, unless the requested information does not identify occupiers or the occupier consents, or other lawful authority exists (s 13(6), s 15(6)). Have redaction and consent processes for any personal information.
Budget for fees and potential statutory manager expenses
Include in financial planning the potential for application fees, register search fees, and the provider’s responsibility for expenses of a statutory manager including remuneration, which may be recoverable to the State (ss 12(6), 13(4), 22(1)-(2)). Maintain liquidity or insurance arrangements that address these contingent liabilities.
Adopt compliant asset transfer and winding-up plans
When planning disposals or restructuring, ensure any transfers or dealings with community housing assets comply with applicable community housing legislation in each jurisdiction, and that winding-up provisions in your constitution are consistent with s 15(2)(b)-(c). Failure to properly deal with assets can be a ground for refusal to cancel registration (s 16(2)).
Monitor Joint Guidelines and coordinate with Housing Agencies
Registrars must act under jointly made guidelines published in the NSW Gazette or on the NSW legislation website (s 10(2)). Monitor those guidelines for changes that affect obligations, disclosure authorities, information-sharing protocols and other administrative practices. Establish contact points with your primary Registrar and relevant Housing Agencies for smoother compliance and early engagement.
Plan appeal strategies and understand stay limitations
If facing a Registrar decision to refuse registration, impose conditions, issue binding instructions, vary registration category, cancel registration, refuse cancellation on application, or appoint a statutory manager, prepare to appeal to the Appeal Tribunal of the primary jurisdiction within the relevant appeal period, typically 14 days (s 25(1)-(2)). Bear in mind the Registrar’s decision is not automatically stayed pending appeal unless the Registrar or the Tribunal orders a stay (s 25(3)). Seek advice early about obtaining a stay if necessary.
Review corporate and insolvency interfaces
Consider the interaction between this Law and external administration processes under the Corporations Act and other insolvency regimes, particularly given the s 23 displacement declaration. Seek legal advice on how binding instructions and statutory manager powers may operate alongside or in priority to other corporate processes.
Maintain documentation for compliance evidence
Keep auditable records of compliance with the National Regulatory Code provisions, replies to Registrar requests, attendance at meetings, inspections and notifications, and the handling of assets. Such documentation will be critical in responding to notices of non-compliance, defending appeals, and demonstrating remedial action where required by a Registrar.
Following these steps will help an entity align operational, governance and financial arrangements with the statutory requirements in the Law and reduce the likelihood of escalation to binding instructions, cancellation or statutory management. Where provisions intersect with the Corporations Act, insolvency law, or other jurisdictional rules, obtain jurisdiction-specific legal advice because the instrument contemplates inter-jurisdictional coordination and partial displacement of Commonwealth corporations law (s 5, s 6, s 23).
(c) land vested in the provider on which a Housing Agency of a participating jurisdiction has constructed housing or made other improvements, or
(d) funds provided to the provider by a Housing Agency of a participating jurisdiction for the purposes of community housing, or
(e) any other asset of the provider that is of a class of assets declared by the community housing legislation of a participating jurisdiction as community housing assets for the purposes of this Law.
community housing legislation of a participating jurisdiction means:
(a) this Law as it applies as a law of that jurisdiction by an Act of that jurisdiction (including provisions of that Act that relate to the application of this Law in that jurisdiction), or
(b) so much of an Act of that jurisdiction that contains provisions that substantially correspond to the provisions of this Law,
and includes any other legislation of that jurisdiction that the law of that jurisdiction declares to be community housing legislation.
entity means the following:
(a) a company limited by shares or guarantee under the Corporations Act 2001 of the Commonwealth,
(c) a body corporate, cooperative or incorporated association created under legislation of the Commonwealth or a State or Territory.
function includes a power, authority or duty, and exercise a function includes perform a duty.
Housing Agency of a participating jurisdiction, means a body or officer declared to be a Housing Agency of that jurisdiction by the community housing legislation for that jurisdiction for the purposes of the provision of this Law in which the expression occurs.
National Register means the National Register of Community Housing Providers established by this Law.
notice of intent to cancel registration—see section 20.
notice of non-compliance—see section 18.
participating jurisdiction means an Australian jurisdiction in which:
(a) this Law applies as a law of the jurisdiction, or
(b) a law that substantially corresponds to the provisions of this Law has been enacted.
primary jurisdiction—see section 5.
primary Registrar for an unregistered entity or registered community housing provider means the Registrar for the primary jurisdiction of the unregistered entity or registered community housing provider.
registered community housing provider means an entity registered under this Law as a community housing provider.
Registrar means a Registrar for a participating jurisdiction as referred to in section 9.
registration means registration under this Law.
relevant Minister means the Minister declared by the community housing legislation of this jurisdiction as the relevant Minister for the purposes of the provision of this Law in which the expression occurs.
State means the Crown in right of a participating jurisdiction, and includes:
(a) the Government of a participating jurisdiction, and
(b) a Minister of the Crown in right of a participating jurisdiction, and
(c) a statutory corporation, or other person, representing the Crown in right of a participating jurisdiction.
statutory manager means a statutory manager appointed under section 21.
(2) In this Law, a reference to registration or any other matter under this Law includes registration or any other act or matter under a law of a participating jurisdiction that substantially corresponds to the provisions of this Law.
(3) This Law is to be interpreted in accordance with the Interpretation Act 1987 of New South Wales.
5 Primary jurisdiction
5 Primary jurisdiction
5 Primary jurisdiction
(1) For the purposes of this Law, the primary jurisdiction of an unregistered entity or registered community housing provider is:
(a) the participating jurisdiction in which the unregistered entity or registered community housing provider provides the majority of its community housing, or
(b) in the case of an unregistered entity that provides no community housing in a participating jurisdiction, the participating jurisdiction in which it intends to provide the majority of its community housing, or
(c) if the Registrars for each participating jurisdiction agree on a different participating jurisdiction, that jurisdiction.
(2) The Registrars may agree to a different primary jurisdiction at any time whether or not on the application of the unregistered entity or registered community housing provider.
(3) As soon as is practicable after making an agreement under this section, the Registrars must ensure that the unregistered entity or registered community housing provider concerned is notified in writing of its new primary jurisdiction and if the agreement relates to a registered community housing provider, that the National Register is updated accordingly.
(4) Housing in a jurisdiction other than a participating jurisdiction is not to be taken into account in determining where the majority of the community housing of an unregistered entity or a registered community housing provider is located.
6 Single national register
6 Single national register
6 Single national register
It is the intention of the Parliament of this jurisdiction that this Law, as applying under the community housing legislation of this and other participating jurisdictions, has the effect that the National Register of Community Housing Providers is one single national register.
7 Extraterritorial operation of Law
7 Extraterritorial operation of Law
7 Extraterritorial operation of Law
It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following:
(a) things situated in or outside the territorial limits of this jurisdiction,
(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction,
(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.
8 Law binds the State
8 Law binds the State
8 Law binds the State
This Law binds the State.
Part 2 The Registrar
Part 2 The Registrar
Part 2 The Registrar
9 The Registrar
9 The Registrar
9 The Registrar
(1) There is to be a Registrar for each participating jurisdiction.
(2) The Registrar for a participating jurisdiction is the individual or body declared by the community housing legislation of that jurisdiction to be the Registrar for the purposes of this Law.
(3) The Registrar for a participating jurisdiction is subject to the control and direction of the relevant Minister of that jurisdiction.
10 Functions of Registrar
10 Functions of Registrar
10 Functions of Registrar
(1) A Registrar has the following functions:
(a) to maintain the National Register of Community Housing Providers jointly with the Registrars of other participating jurisdictions,
(b) to assess the suitability of entities to be registered as registered community housing providers,
(c) to register entities as registered community housing providers and to cancel the registration of registered community housing providers,
(d) to monitor compliance by registered community housing providers with community housing legislation and to exercise enforcement and intervention functions under that legislation,
(e) to investigate complaints about the compliance of registered community housing providers with community housing legislation,
(f) to provide information about the registration of entities and information about the compliance of registered community housing providers with community housing legislation,
(g) to share information and to cooperate with Registrars of other participating jurisdictions for the purposes of community housing legislation,
(h) to provide information and advice to the relevant Minister and Housing Agency in relation to the registration of entities and the regulation of registered community housing providers and any other matter under community housing legislation,
(i) any other function conferred or imposed on the Registrar by or under this Law or any other law.
(2) In exercising functions under this Law, a Registrar is required to comply with any guidelines made jointly by the relevant Ministers of each participating jurisdiction and published in the New South Wales Government Gazette or on the NSW legislation website.
(3) A Registrar and any delegate of the Registrar is not personally liable for any matter or thing done or omitted to be done in good faith in the exercise of his or her functions under this Law.
11 Delegation of functions by Registrar
11 Delegation of functions by Registrar
11 Delegation of functions by Registrar
(1) The Registrar for this jurisdiction may delegate any of the Registrar’s functions under this Law (other than this power of delegation) to:
(a) the Registrar for another participating jurisdiction, or
(b) a person, or person of a class, declared by the community housing legislation of this jurisdiction for the purposes of this section.
(2) Without limiting subsection (1), the functions that may be delegated under this section include:
(a) functions of the Registrar as primary Registrar for an unregistered entity or registered community housing provider, and
(b) functions conferred on the Registrar by the conditions of registration referred to in section 15, and
(c) functions delegated to the Registrar by the Registrar for another participating jurisdiction.
Part 3 Registration
Part 3 Registration
Part 3 Registration
12 National Register of Community Housing Providers
12 National Register of Community Housing Providers
12 National Register of Community Housing Providers
(1) The National Register of Community Housing Providers is established.
(2) The following information is to be recorded on the National Register in respect of each entity whose application for registration has been approved:
(a) the name and identifying details of the entity,
(b) the category of registration of the entity,
(c) the primary jurisdiction of the entity,
(d) each other participating jurisdiction in which the entity has community housing assets,
(e) the conditions to which the registration of the entity is subject,
(f) a copy of any notice of intent to cancel registration issued to the entity,
(g) whether the registration of the entity has been cancelled at any time and details of any such cancellation, including a copy of any notice of cancellation issued to the entity,
(h) a copy of any binding instructions issued to the entity,
(i) details of any appointment of a statutory manager, including a copy of the relevant instrument of appointment,
(j) any other information about the entity that a Registrar considers to be relevant for the purposes of this Law.
(3) The Registrars may agree to divide the National Register into different parts to assist in the administration of the National Register.
(4) The primary Registrar for an entity may at any time, by notice in writing to the entity, vary the category of registration of the entity and move the registration of the entity to any other part of the National Register.
(5) Information on the National Register is to be made publicly available.
(6) A Registrar may carry out searches of the National Register on a person’s behalf and may charge a reasonable fee for the search.
13 Application for registration or variation of registration
13 Application for registration or variation of registration
13 Application for registration or variation of registration
(1) An application for registration or the variation of an existing registration may be made by or on behalf of an entity that provides or intends to provide community housing.
(2) An application may only be made to the primary Registrar for the entity.
(3) A Registrar who receives an application but who is not the primary Registrar for the entity is to refer the application to the primary Registrar.
(4) An application must be in a form approved by the primary Registrar for the entity and be accompanied by the fee determined in accordance with the community housing legislation of the primary jurisdiction.
(5) The primary Registrar may require an applicant to provide further information or documents for the purposes of determining the application, including information or documents with respect to the following:
(a) the exercise of the provider’s functions and any arrangements with other persons in relation to the exercise of the provider’s functions,
(b) the affairs of the provider.
(6) Subsection (5) does not authorise a Registrar to require information or any document that identifies an individual who is an occupier of residential premises.
14 Determination of application
14 Determination of application
14 Determination of application
(1) The primary Registrar for an entity must approv
This is an opening excerpt, not the complete document.
Community Housing Providers National Law (NSW) | Zoe