Community Housing Providers (National Uniform Legislation) Act 2013 (Northern Territory)

This Act imports and applies a model national regime for registering and regulating non-government community housing providers into the Northern Territory, and it layers local application rules on top of the national text. Mechanically it does the following.

Adopts the Community Housing Providers National Law as part of the Territory Act (s 4). The National Law appears in the Appendix to the Act and, once adopted, operates in the Territory as the Community Housing Providers National Law (NT) (s 4; Appendix s 1).
Enables the Administrator to make regulations that uniformly adopt nationally approved amendments to the National Law that have been agreed by the Ministerial Council (s 5).
Modifies certain interpretive, institutional and procedural details for the Territory context. Examples include declaring who the Registrar is for the Territory (s 8), prescribing that the fee for applications is the prescribed fee (s 10), and treating references to State and Appeal Tribunal as references to Territory institutions (ss 11, 13).
Creates an interest in housing land for the Chief Executive Officer (Housing) in specified circumstances (s 14), restricts dealings in that land unless the Chief Executive Officer consents or the dealing is exempt (s 15), and requires the Registrar-General to record that interest on the land register on application (s 16).
Preserves rights to compensation where the operation of the National Law would otherwise involve acquisition other than on just terms (s 17).
Confers enforcement powers on the primary Registrar under the National Law (Appendix Part 4): notice of non-compliance (s 18), binding instructions (s 19), notice of intent to cancel (s 20), appointment of statutory managers (s 21), and cancellation of registration (Appendix ss 16, 20).

NORTHERN TERRITORY OF AUSTRALIA COMMUNITY HOUSING PROVIDERS (NATIONAL UNIFORM LEGISLATION) ACT 2013 As in force at 5 April 2024 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 Part 2 Adoption of National Law Division 1 Provisions for adoption of National Law 4 Adoption of Community Housing Providers National Law ............... 2 5 Uniform adoption of nationally approved amendments to Community Housing Providers National Law................................... 2 6 Exclusion of legislation of this jurisdiction ........................................ 2 7 Relationship with other legislation ................................................... 3 8 Registrar .......................................................................................... 3 9 Delegation of Registrar's functions .................................................. 3 10 Fees ................................................................................................ 3 Division 2 Provisions for interpretation of National Law as adopted 11 Meaning of generic terms ................................................................ 3 12 Meaning of other terms .................................................................... 3 13 References to State ......................................................................... 4 Part 3 Interest in land of registered community housing provider 14 Chief Executive Officer (Housing) has interest in certain land ......... 4 15 No dealings with certain land without consent of Chief Executive Officer (Housing) ............................................................. 5 16 Registrar-General to make recording in land register ...................... 5 Part 4 Miscellaneous matters 17 Acquisition on just terms .................................................................. 6 17A Matters relating to conferral of jurisdiction on Appeal Tribunal ........ 6 18 Regulations...................................................................................... 6

Community Housing Providers (National Uniform Legislation) Act 2013 ii Part 5 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 19 Definitions ........................................................................................ 7 20 Appeals to NTCAT limited to decisions made after commencement ............................................................................... 7 21 Appeals not instituted before commencement ................................. 7 22 Appeals not determined before commencement ............................. 8 Appendix Community Housing Providers National Law Part 1 Preliminary 1 Short title ......................................................................................... 9 2 Commencement .............................................................................. 9 3 Object .............................................................................................. 9 4 Definitions ........................................................................................ 9 5 Primary jurisdiction ........................................................................ 12 6 Single national register .................................................................. 13 7 Extraterritorial operation of Law ..................................................... 13 8 Law binds the State ....................................................................... 13 Part 2 The Registrar 9 The Registrar ................................................................................. 13 10 Functions of Registrar ................................................................... 14 11 Delegation of functions by Registrar .............................................. 15 Part 3 Registration 12 National Register of Community Housing Providers ...................... 15 13 Application for registration or variation of registration .................... 16 14 Determination of application .......................................................... 17 15 Conditions of registration ............................................................... 17 16 Cancellation of registration ............................................................ 20 Part 4 Enforcement powers of Registrar 17 When action may be taken under Part .......................................... 21 18 Notice of non-compliance .............................................................. 21 19 Binding instructions to rectify non-compliance ............................... 21 20 Notice of intent to cancel registration ............................................. 22 21 Statutory managers ....................................................................... 22 22 Other provisions relating to exercise of functions by statutory manager ........................................................................................ 24 23 Displacement of Corporations Act 2001 (Cth) ............................... 25

Community Housing Providers (National Uniform Legislation) Act 2013 iii 24 No compensation payable by State ............................................... 25 Part 5 Miscellaneous 25 Appeals to Appeal Tribunal............................................................ 26 26 Disclosure of information ............................................................... 27 Schedule 1 National Regulatory Code 1 Tenant and housing services ......................................................... 28 2 Housing assets .............................................................................. 28 3 Community engagement................................................................ 29 4 Governance ................................................................................... 29 5 Probity ........................................................................................... 29 6 Management.................................................................................. 30 7 Financial viability ........................................................................... 30 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 5 April 2024

COMMUNITY HOUSING PROVIDERS (NATIONAL UNIFORM LEGISLATION) ACT 2013 An Act to provide for a national law relating to the registration of community housing providers and to make other provision for community housing providers Part 1 Preliminary matters 1 Short title This Act may be cited as the Community Housing Providers (National Uniform Legislation) Act 2013. 2 Commencement This Act commences on the day fixed by the Administrator by Gazette notice. 3 Interpretation (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Community Housing Providers National Law set out in the Appendix to this Act. (2) In the local application provisions of this Act: Chief Executive Officer (Housing) means the entity established under section 6 of the Housing Act 1982. Community Housing Providers National Law (NT) means the provisions applying in this jurisdiction because of section 4. land register means the land register kept under section 6 of the Land Title Act 2000. (3) Terms used in the local application provisions of this Act and also in the Community Housing Providers National Law set out in the Appendix to this Act have the same meanings in those provisions as they have in that Law.

Part 2 Adoption of National Law Division 1 Provisions for adoption of National Law Community Housing Providers (National Uniform Legislation) Act 2013 2 Part 2 Adoption of National Law Division 1 Provisions for adoption of National Law 4 Adoption of Community Housing Providers National Law The Community Housing Providers National Law set out in the Appendix to this Act: (a) applies as a law of this jurisdiction; and (b) as so applying may be referred to as the Community Housing Providers National Law (NT); and (c) as so applying, is a part of this Act. 5 Uniform adoption of nationally approved amendments to Community Housing Providers National Law (1) The Administrator may, by regulation, amend the Community Housing Providers National Law set out in the Appendix to this Act to give effect in this jurisdiction to any nationally approved amendment. (2) In this section: amend includes insert, omit and repeal a provision. Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to community housing. nationally approved amendment means an amendment of the Community Housing Providers National Law set out in the Appendix to the Community Housing Providers (Adoption of National Law) Act 2012 (NSW) that is of a kind that has been approved by the Ministerial Council. 6 Exclusion of legislation of this jurisdiction (1) Even though the Interpretation Act 1978 applies to the local application provisions of this Act, it does not apply to the Community Housing Providers National Law (NT) or to instruments made under that Law other than as prescribed by regulation for this subsection. (2) An Act prescribed by regulation does not apply to the Community Housing Providers National Law (NT) or to instruments made under that Law.

Part 2 Adoption of National Law Division 2 Provisions for interpretation of National Law as adopted Community Housing Providers (National Uniform Legislation) Act 2013 3 7 Relationship with other legislation If there is an inconsistency between the Community Housing Providers National Law (NT) and Part 6, 7, 8, 9 or 10 of the Associations Act 2003, the Community Housing Providers National Law (NT) prevails to the extent of the inconsistency. 8 Registrar (1) For section 9(2) of the Community Housing Providers National Law (NT), the Registrar is declared to be the individual appointed as the Registrar under this section. (2) The Chief Executive Officer may appoint a person in writing to be the Registrar for the Community Housing Providers National Law (NT). 9 Delegation of Registrar's functions For section 11 of the Community Housing Providers National Law (NT), functions may be delegated under that section to public sector employees. 10 Fees For section 13(4) of the Community Housing Providers National Law (NT), the fee payable for an application for registration or the variation of an existing registration is the prescribed fee. Division 2 Provisions for interpretation of National Law as adopted 11 Meaning of generic terms In the Community Housing Providers National Law (NT): Appeal Tribunal means NTCAT. Parliament of this jurisdiction means the Legislative Assembly. this jurisdiction means the Territory. 12 Meaning of other terms (1) For the definition community housing legislation in section 4(1) of the Community Housing Providers National Law (NT), the provisions of Parts 3 and 4 of this Act are community housing legislation of this jurisdiction.

Part 3 Interest in land of registered community housing provider Community Housing Providers (National Uniform Legislation) Act 2013 4 (2) For the definition Housing Agency in section 4(1) of the Community Housing Providers National Law (NT), each of the following is a Housing Agency of the Territory: (a) the Agency; (b) the Chief Executive Officer (Housing). (3) For the definition relevant Minister in section 4(1) of the Community Housing Providers National Law (NT), the Minister is the relevant Minister. 13 References to State A reference to the State in the Community Housing Providers National Law (NT) is a reference to the Territory. Part 3 Interest in land of registered community housing provider 14 Chief Executive Officer (Housing) has interest in certain land The Chief Executive Officer (Housing) has an interest in the land of a registered community housing provider if: (a) the land was transferred by the Territory or a Housing Agency to the registered community housing provider subject to an agreement; or (b) the land was acquired by the registered community housing provider wholly or partly with funding provided by the Territory or a Housing Agency; or (c) the Territory or a Housing Agency constructs housing or makes other improvements on the land; or (d) an agreement between the registered community housing provider and the Territory or a Housing Agency identifies the land as being land in which the Chief Executive Officer (Housing) has an interest.

Part 3 Interest in land of registered community housing provider Community Housing Providers (National Uniform Legislation) Act 2013 5 15 No dealings with certain land without consent of Chief Executive Officer (Housing) (1) A registered community housing provider must not transfer or otherwise deal with land in which the Chief Executive Officer (Housing) has an interest unless: (a) the Chief Executive Officer (Housing) consents to the transfer or other dealing; or (b) the transfer or other dealing is authorised, or is of a class that is authorised, by an agreement between the Territory or a Housing Agency and the registered community housing provider; or (c) an agreement between the Territory or a Housing Agency and the registered community housing provider provides that this section does not apply to the land concerned. (2) The Chief Executive Officer (Housing) must not unreasonably withhold consent under subsection (1)(a). 16 Registrar-General to make recording in land register (1) The Registrar-General must, on application by the Chief Executive Officer (Housing), make a record in the land register to indicate that the land specified in the application is subject to this Part. (2) The Chief Executive Officer (Housing) must provide details of any exempt transactions in the application. (3) If the Registrar-General makes a recording under subsection (1), the Registrar-General must not register a transfer of the land or any other dealing with the land that is otherwise registrable under the Land Title Act 2000 unless: (a) the Chief Executive Officer (Housing) has given consent to the transfer or other dealing; or (b) the transfer or other dealing is an exempt transaction; or (c) the record has been removed under subsection (4). (4) The Registrar-General must, on application by the Chief Executive Officer (Housing), remove the record in the land register.

Part 4 Miscellaneous matters Community Housing Providers (National Uniform Legislation) Act 2013 6 (5) An application by the Chief Executive Officer (Housing) under this section must: (a) be made in the approved form under the Land Title Act 2000; and (b) be accompanied by the appropriate fee. (6) In this section: exempt transaction means a transfer or dealing mentioned in section 15(1)(b). Part 4 Miscellaneous matters 17 Acquisition on just terms If the operation of the Community Housing Providers National Law (NT) would, apart from this section, result in an acquisition of property from a person otherwise than on just terms: (a) the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and (b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms. 17A Matters relating to conferral of jurisdiction on Appeal Tribunal (1) An appeal to the Appeal Tribunal under section 25(1) of the Community Housing Providers National Law (NT) against a decision of a Registrar referred to in that section is: (a) to be conducted by way of review of the Registrar's decision; and (b) a matter within NTCAT's review jurisdiction. (2) For section 25(4) of the Community Housing Providers National Law (NT), definition relevant appeal period, the period for making an appeal is 28 days. 18 Regulations The Administrator may make regulations under this Act.

Part 5 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 Community Housing Providers (National Uniform Legislation) Act 2013 7 Part 5 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 19 Definitions In this Part: amending Act means the Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023. commencement means the commencement of Part 7 of the amending Act. former appeal provisions means section 25 of the Community Housing Providers National Law (NT), as modified by the former local application provisions. former local application provisions means the local application provisions of this Act, as in force immediately before the commencement. new local application provisions means the local application provisions of this Act, as amended by Part 7 of the amending Act. 20 Appeals to NTCAT limited to decisions made after commencement Section 25 of the Community Housing Providers National Law (NT), as modified by the new local application provisions, applies only in relation to a decision of the Registrar that is made after the commencement. 21 Appeals not instituted before commencement (1) This section applies to a person if, immediately before the commencement, the person: (a) was entitled to appeal to the Local Court against a decision of the Registrar under the former appeal provisions; and (b) had not yet instituted an appeal against the decision. (2) The person may appeal to the Local Court against the decision in accordance with the former appeal provisions, as if Part 7 of the amending Act had not commenced.

Part 5 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 Community Housing Providers (National Uniform Legislation) Act 2013 8 (3) The Local Court must hear and determine the person's appeal in accordance the former appeal provisions, as if Part 7 of the amending Act had not commenced. 22 Appeals not determined before commencement (1) Subsection (2) applies in relation to an appeal to the Local Court that: (a) was instituted by a person under the former appeal provisions; and (b) had not been finally determined by the Local Court before the commencement. (2) The Local Court must continue to hear and determine the person's appeal in accordance with the former appeal provisions, as if Part 7 of the amending Act had not commenced.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 9 Appendix Community Housing Providers National Law section 4 Part 1 Preliminary 1 Short title This Law may be cited as the Community Housing Providers National Law. 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 (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 (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).

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 10 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; (b) an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth;

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 11 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 12 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 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 13 (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 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 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 This Law binds the State. Part 2 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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 14 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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 15 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 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;

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 16 (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 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 17 (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 (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 (1) A registered community housing provider must comply with the conditions to which its registration is subject.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 18 (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;

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 19 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 20 (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 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 21 Part 4 Enforcement powers of Registrar 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 (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 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 22 (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 (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 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 23 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 24 (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 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 25 23 Displacement of Corporations Act 2001 (Cth) 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 (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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 26 Part 5 Miscellaneous 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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 27 (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 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.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 28 Schedule 1 National Regulatory Code section 15(2)(a) 1 Tenant and housing services The community housing provider is fair, transparent and responsive in delivering housing assistance to tenants, residents and other clients particularly in relation to the following: (a) determining and managing eligibility, allocation, and termination of housing assistance; (b) determining and managing rents; (c) setting and meeting relevant housing service standards; (d) supporting tenant and resident engagement; (e) facilitating access to support for social housing applicants and tenants with complex needs; (f) managing and addressing complaints and appeals relating to the provision of housing services; (g) maintaining satisfaction with the overall quality of housing services. 2 Housing assets The community housing provider manages its community housing assets in a manner that ensures suitable properties are available at present and in the future, particularly in relation to the following: (a) determining changing housing needs and planning asset acquisitions, disposals and reconfiguration to respond (strategic asset management); (b) setting and meeting relevant property condition standards, (c) planning and undertaking responsive, cyclical and life-cycle maintenance to maintain property conditions (asset maintenance); (d) planning and delivering its housing development program (asset development).

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 29 3 Community engagement The community housing provider works in partnership with relevant organisations to promote community housing and to contribute to socially inclusive communities, specifically in relation to: (a) promoting community housing to local organisations that work with potential residents, tenants or clients; and (b) contributing to place renewal and social inclusion partnerships and planning relevant to the provider's community housing activities. 4 Governance The community housing provider is well-governed to support the aims and intended outcomes of its business, specifically in relation to the following: (a) ensuring coherent and robust strategic, operational, financial and risk planning; (b) ensuring effective, transparent and accountable arrangements and controls are in place for decision making to give effect to strategic, operational, financial and risk plans; (c) complying with legal requirements and relevant government policies; (d) ensuring that the governing body has members with appropriate expertise or that such expertise is available to the governing body. 5 Probity The community housing provider maintains high standards of probity relating to the business of the provider, specifically in relation to the following: (a) establishing and administering a code of conduct; (b) establishing and administering a system of employment and appointment checks; (c) establishing and administering a system for preventing, detecting, reporting on and responding to, instances of fraud, corruption and criminal conduct; (d) maintaining the reputation of the community housing sector.

Appendix Community Housing Providers National Law Community Housing Providers (National Uniform Legislation) Act 2013 30 6 Management The community housing provider manages its resources to achieve the intended outcomes of its business in a cost effective manner, specifically in relation to the following: (a) demonstrating it utilises its assets and funding to meet business goals; (b) implementing appropriate management structures, systems, policies and procedures to ensure the operational needs of its business can be met (including having people with the right skills and experience and the systems and resources to achieve the intended outcomes of its business). 7 Financial viability The community housing provider is financially viable at all times, specifically in relation to the following: (a) ensuring a viable capital structure; (b) maintaining appropriate financial performance; (c) managing financial risk exposure.

ENDNOTES Community Housing Providers (National Uniform Legislation) Act 2013 31 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Community Housing Providers (National Uniform Legislation) Act 2013 (Act No. 37, 2013) Assent date 19 December 2013 Commenced 22 January 2014 (Gaz G3, 22 January 2014, p 3) Co-operatives (National Uniform Legislation) Act 2015 (Act No. 13, 2015) Assent date 22 May 2015 Commenced 1 July 2015 (Gaz S62, 23 June 2015) Statute Law Amendment (National Cabinet) Act 2023 (Act No. 9, 2023) Assent date 20 April 2023 Commenced 21 April 2023 (s 2) Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023) Assent date 21 September 2023 Commenced 27 November 2023 (Gaz G24, 23 November 2023, p 2) Housing and Related Legislation Amendment Act 2024 (Act No. 3, 2024) Assent date 14 March 2024 Commenced 5 April 2024 (Gaz S26, 3 April 2024) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 6, 7 and 16.

ENDNOTES Community Housing Providers (National Uniform Legislation) Act 2013 32 4 LIST OF AMENDMENTS s 5 amd No. 9, 2023, s 4 s 7 amd No. 13, 2015, s 26 s 11 amd No. 24, 2023, s 56 s 12 amd No. 3, 2024, s 4 s 14 amd No. 3, 2024, s 5 s 15 amd No. 3, 2024, s 6 s 17A ins No. 24, 2023, s 57 pt 5 hdg ins No. 24, 2023, s 58 ss 19 – 22 ins No. 24, 2023, s 58

1 Community Housing Providers (National Uniform Legislation) Act 2013

The Act and the appended National Law rest on a small set of structural concepts that determine who does what and how the regulatory relationship operates.

Registration and primary Registrar. The central organising concept is registration under the National Law. An entity that provides, or intends to provide, community housing must apply to its primary Registrar, determined by where the majority of its community housing is provided (Appendix ss 5, 12-13). Registration confers obligations, categorisation and conditions recorded on the National Register (Appendix ss 12, 14-15).
National Register and single register intention. The National Register is a single, national register maintained jointly by Registrars across participating jurisdictions, and it is intended to operate as one single national register (Appendix s 6; Appendix s 12(1), (3), (5)). The Register records identity details, category of registration, conditions, notices of intent to cancel, binding instructions, statutory manager appointments and other relevant information (Appendix s 12(2)).
Community housing assets and Chief Executive Officer (Housing) interest. The Act identifies "community housing asset" in the National Law and, in the Territory, provides that the Chief Executive Officer (Housing) has an interest in provider land where transfer or funding or improvements are from the Territory or a Housing Agency, or where an agreement so identifies (s 14; Appendix s 4 definition). That interest triggers a bar on registrable dealings without consent, unless authorised or exempt (s 15). The Registrar-General is required to record that interest on the land register at the Chief Executive Officer's application (s 16).
Enforcement ladder. The National Law provides an enforcement ladder running from monitoring and requests for information, to notices of non-compliance (Appendix s 18), to binding instructions (Appendix s 19), to notices of intent to cancel (Appendix s 20), and to appointment of a statutory manager (Appendix s 21) and cancellation (Appendix s 16). Each step has procedural elements, including notice distribution to Registrars in other jurisdictions (Appendix ss 18(2), 20(4)) and opportunity to respond in some circumstances (Appendix ss 14(2), 15(5)).
Displacement of Corporations Act protections for some interventions. The National Law declares that sections 19 and 21 (binding instructions and statutory managers) are Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 (Appendix s 23). That means those provisions can operate instead of some Corporations Act protections where relevant.
Appeal and review mechanisms. Decisions listed at Appendix s 25(1) can be appealed to the Appeal Tribunal of the primary jurisdiction. The Appendix provides for a relevant appeal period of 14 days unless the local community housing legislation allows longer; the Territory local application provisions modify the appeal period for NT to 28 days and specify appeals to the Appeal Tribunal are to be conducted by way of review (s 17A; Appendix s 25).
Confidentiality and disclosure limits. Registrars have duties not to disclose obtained information except in specified circumstances (Appendix s 26). The National Law and the Territory provisions also restrict a Registrar from requiring information that identifies an individual occupier or entering residential premises without consent (Appendix s 13(5); Appendix s 15(6); Appendix s 15(6) appears at two places describing similar limits).

Each of these concepts creates decision-making nodes and compliance points. Registration triggers conditions and public recording. The primary Registrar has monitoring and intervention functions and a duty to follow joint guidelines (Appendix s 10(1)-(2)). A statutory manager, if appointed, obtains power to conduct relevant affairs, and the provider bears expenses of statutory management including remuneration of a non-State statutory manager or reimbursement to the State where the statutory manager is a State employee (Appendix ss 21-22). The National Regulatory Code (Schedule 1) sets the substantive expectations across tenant services, asset management, governance, probity, management and financial viability, which in practice shape the content of registration conditions and monitoring. Those expectations map to concrete obligations: record-keeping, reporting, maintenance plans, governance arrangements, codes of conduct, fraud controls and financial prudence (Schedule 1).

The primary targets are entities that provide, or intend to provide, community housing as defined in the National Law: housing for people on very low, low or moderate income or people with additional needs delivered by non-government organisations (Appendix s 4). The Act and National Law define the affected parties and the secondary stakeholders as follows.

Registered community housing providers and applicants. Entities in the defined classes (companies limited by shares or guarantee under the Corporations Act, Aboriginal and Torres Strait Islander corporations registered under CATSI Act, or bodies corporate/cooperatives/incorporated associations under State/Territory legislation) that provide or intend to provide community housing must apply to the primary Registrar and, once registered, are subject to the conditions, reporting and compliance requirements set out in the Law (Appendix ss 4, 12-15).
Governing body members, officers and employees of providers. The Law imposes duties and potential direct obligations on "relevant persons" including governing body members and officers, who may be required to comply with binding instructions and face practical constraints if a statutory manager is appointed (Appendix ss 19(3)-(5), 21(6)-(7)). The Law excludes authorising provision of information identifying individual occupiers unless with consent (Appendix s 15(6); Appendix s 13(5)).
Territory housing agencies and the Chief Executive Officer (Housing). The Territory and its Housing Agency(es) are addressed in substance. The CE(Housing) can be declared to have an interest in provider land (s 14) and may request a registrar-general recording preventing registerable dealings without consent (s 16). Housing Agencies are also among bodies that the Registrar must consult or provide advice to (Appendix s 10(1)(h), s 18(2), s 20(4)).
Registrars and their delegates. Registrars in participating jurisdictions have the functions of assessing applications, keeping and administering the National Register, monitoring compliance and exercising enforcement powers (Appendix s 10). The Territory declares that the Registrar is the individual appointed under s 8 and authorises delegation to public sector employees (s 8(1)-(2); s 9).
Tenants and residents. Tenants are the beneficiaries of the protection and service standards set out in the National Regulatory Code (Schedule 1). The Law requires Registrars to have regard to tenant interests when giving instructions and to take reasonable steps to obtain views of relevant regulatory bodies (Appendix s 19(4)). The Law forbids compelling disclosure of tenant identity information except with consent (Appendix s 13(5); Appendix s 15(6)).
Other governments and participating jurisdictions. Registrars must share information and cooperate with Registrars of other participating jurisdictions (Appendix ss 10(1)(g), 18(2), 20(4)). The primary jurisdiction concept (Appendix s 5) determines which Registrar takes lead responsibility.
Creditors and receivers. Providers in financial distress must notify the primary Registrar of receivership or voluntary administration decisions within specified time frames (Appendix s 15(2)(h)(i)-(ii)). The Law also allows statutory management that may affect creditor rights, and declares limited displacement of Corporations Act protections for those interventions (Appendix s 23).

Practically, the parties that "pay" or bear quantifiable costs include providers through prescribed fees for registration and searches (s 10; Appendix s 12(6)), providers bearing statutory manager expenses and possibly reimbursing the State for State employee remuneration (Appendix s 22(1)-(2)), and providers bearing administrative compliance costs (record-keeping, reporting, inspections). The Territory government and Housing Agencies incur administrative costs of maintaining the land interest recordings, participating in cross-jurisdictional consultation, and possibly supervising statutory managers, although the Law also restricts compensation claims against the State arising from enforcement actions (Appendix s 24). The legal decision-makers are the Registrar (with delegated staff), the primary Registrar for particular decisions, and appeal tribunals in the primary jurisdiction (Appendix ss 9, 10, 25). Ministerial oversight is possible, because the Registrar is subject to the control and direction of the relevant Minister in a participating jurisdiction (Appendix s 9(3)). The national guidelines mechanism requires Registrars to comply with jointly agreed guidance published in NSW (Appendix s 10(2)), creating a cross-jurisdictional governance layer.

This section sets out the principal operational duties imposed on providers, the rights the regime preserves for providers and others, and the specific procedural rights that shape enforcement.

Key duties on registered providers

Registration and compliance. Entities providing or intending to provide community housing must apply to their primary Registrar, pay the prescribed application fee, and comply with the conditions of registration imposed by the Registrar including those specified on the National Register (Appendix ss 12-15; s 10 (NT local)). The primary Registrar may require further information about the provider’s functions and affairs when assessing an application (Appendix s 13(5)).
Reporting and notification obligations. Providers must notify the primary Registrar of specified occurrences within stated time frames. Examples include decisions to appoint a voluntary administrator or wind-up, appointment of a receiver, decisions to apply for cancellation, votes that could affect eligibility or category, or changes in affairs with potential adverse impact on compliance; timing ranges from "as soon as practicable" to within 72 hours for adverse changes (Appendix s 15(2)(h)(i)-(v)).
Information and inspection obligations. Providers must, at times and in ways approved by the primary Registrar, provide information about how they exercise functions, including arrangements with other persons (Appendix s 15(2)(d)). They must supply requested documents within 14 days or longer as permitted by the Registrar (Appendix s 15(2)(e)), allow suitably qualified officers to meet with the Registrar on request (Appendix s 15(2)(f)), and permit inspections of premises or records at reasonable times (Appendix s 15(2)(g)). The Law prohibits requiring information that identifies individual occupiers without consent and prohibits entry into occupied residential premises without consent, except with consent (Appendix s 13(5); Appendix s 15(6)).
Asset management and constitution on winding-up. Providers must keep an approved list of community housing assets and include provisions in their constitution requiring distribution of remaining community housing assets on winding-up to another registered provider or a Housing Agency in the jurisdiction (Appendix s 15(2)(i)-(c)).
Compliance with National Regulatory Code provisions identified on the National Register. The National Regulatory Code in Schedule 1 sets standards across tenant services, asset management, community engagement, governance, probity, management and financial viability; those provisions are applied to providers by being identified on the National Register as conditions of registration (Appendix s 15(2)(a); Schedule 1).

Registrar powers and duties

Assessment, registration, monitoring and enforcement. The Registrar has functions to assess suitability for registration, register and cancel registration, monitor compliance and exercise enforcement and intervention functions (Appendix s 10(1)(a)-(d)). Registrars must comply with jointly made guidelines (Appendix s 10(2)).
Notices and instructions. Where a Registrar reasonably believes a provider is not complying, the primary Registrar can issue a notice of non-compliance with a reasonable cure period (Appendix s 18); give binding instructions about how to address matters raised (Appendix s 19); issue a notice of intent to cancel registration where matters remain unresolved or failures are serious (Appendix s 20); appoint a statutory manager if urgent action is required or after a notice of intent to cancel (Appendix s 21); and cancel registration in defined circumstances (Appendix s 16).
Information sharing and consultation. Registrars must provide copies of notices to Registrars in other participating jurisdictions and have regard to tenant interests when giving instructions; they must also take reasonable steps to obtain views of relevant regulatory bodies (Appendix ss 18(2), 19(4), 20(4)).

Providers’ rights and procedural safeguards

Right to be notified and to be heard. The Registrar must notify applicants promptly about determinations and reasons if not approved (Appendix s 14(2)). The primary Registrar must give providers an opportunity to make submissions before issuing additional standard conditions under Appendix s 15(3)-(5). Notices of intent to cancel must identify matters and provide at least 14 days to satisfy the Registrar that cancellation should not occur (Appendix s 20(2)-(3)); the Territory local provision increases the appeal period to 28 days and requires appeals to be conducted by review in NTCAT (s 17A).
Right to appeal. An entity may appeal specified Registrar decisions to the Appeal Tribunal of the primary jurisdiction, covering refusals to register, imposition or revocation of additional standard conditions, issuing binding instructions, varying category, cancelling registration, refusal to cancel on provider application, and appointment of a statutory manager (Appendix s 25(1)). The appeal is to be made within the relevant appeal period and the appeal tribunal may decide whether to stay the Registrar’s decision (Appendix s 25(2)-(3)). The Territory local provisions set the appeal period at 28 days and define the appeal as review (s 17A).
Confidentiality limits. Registrars and delegates have duties not to disclose obtained information except for specified administration purposes, with consent, in accordance with guidelines, or otherwise with lawful excuse (Appendix s 26). The Law also contains explicit limits on requiring tenant-identifying information or entering a tenant’s premises without consent (Appendix s 13(5); Appendix s 15(6)).

Consequences and cost-bearing rules

Expenses of statutory management payable by the provider. Where a statutory manager is appointed, the provider must pay the expenses of the statutory manager, including remuneration (Appendix s 22(1)-(2)). Where the statutory manager is a State employee, the State may be reimbursed by the provider, and the State’s certification of that amount is recoverable as a debt (Appendix s 22(2)(b)).
No compensation payable by the State for enforcement interventions. The National Law denies compensation by or on behalf of a State in connection with specified enforcement actions including cancellation of registration, notices of intent, binding instructions, appointment of statutory manager, or losses incurred during statutory management, subject to the Law’s own acquisition on just terms protection (Appendix s 24). The Territory also supplies an acquisition-on-just-terms provision where operation of the National Law would otherwise result in an acquisition other than on just terms (s 17).

These duties and rights allocate large discretionary powers to Registrars and to primary Registrars in particular. Procedural safeguards exist in the form of notice requirements, opportunities to make submissions in relation to additional standard conditions, and appeal rights to an Appeal Tribunal, but many enforcement powers permit immediate action where a Registrar forms an opinion of serious or urgent non-compliance (Appendix ss 19-21).

The National Law creates a regulatory enforcement architecture that is administrative and remedial rather than criminal, focusing on corrective directions, statutory management and cancellation of registration rather than fines. Key enforcement mechanisms are as follows.

Notice of non-compliance. Where the primary Registrar reasonably believes a provider is not complying with community housing legislation, the Registrar can issue a written notice of non-compliance identifying the required matters to be addressed and specifying a reasonable period for rectification (Appendix s 18(1)). The Registrar must share the notice with Registrars in other participating jurisdictions (Appendix s 18(2)).
Binding instructions. After issuing a notice of non-compliance, the primary Registrar may give written binding instructions specifying how the provider must address the matters (Appendix s 19(1)-(3)). Multiple sets of instructions may be issued and are binding on the provider and "relevant persons" such as governing body members and officers (Appendix s 19(2)-(3)). The Registrar must have regard to tenant interests and reasonably consult relevant regulatory bodies (Appendix s 19(4)).
Notice of intent to cancel registration. Where matters identified in a notice of non-compliance are not addressed, or binding instructions are not complied with, or the failure is serious and requires urgent action, the primary Registrar may issue a notice of intent to cancel registration (Appendix s 20(1)-(2)). The notice sets out the matters warranting cancellation and provides at least 14 days for the provider to satisfy the Registrar that cancellation should not occur. The period may be extended at the Registrar’s discretion (Appendix s 20(2)-(3)). A copy of the notice must be provided to Registrars and the Housing Agency in each participating jurisdiction (Appendix s 20(4)).
Statutory manager appointment. The primary Registrar may appoint a statutory manager by instrument in writing to conduct the affairs and activities of the provider relating to community housing assets where a notice of intent to cancel has been issued, or where the Registrar forms the opinion that non-compliance is serious and requires urgent action (Appendix s 21(1)-(2)). The instrument must specify the statutory manager’s functions, limitations, period and conditions and must be served on the provider (Appendix s 21(3)-(5)). While a statutory manager holds office, the provider’s governing body may not exercise functions that relate to the statutory manager’s functions without the statutory manager’s consent (Appendix s 21(7)). The primary Registrar must revoke the appointment when satisfied there is no longer non-compliance or the provider no longer has functions with respect to community housing or has been wound up (Appendix s 21(8)).
Cancellation of registration. The primary Registrar may cancel registration on provider application, on provider winding up, or after the procedural steps set out for notice of intent if the provider fails to satisfy the Registrar (Appendix s 16(1)-(3)). Cancellation and notices of intent are recorded on the National Register (Appendix s 12(2)(f)-(g)).
Financial consequences and recovery. The expenses of statutory management are payable by the provider; where the statutory manager is not a State employee, that includes the statutory manager’s remuneration fixed by the relevant Minister, and where the statutory manager is a State employee the State may certify and seek reimbursement from the provider, recoverable as a debt (Appendix s 22(1)-(2)). The National Law also declares that sections creating binding instructions and statutory managers are Corporations Act displacement provisions (Appendix s 23), which can affect the operation of corporate law remedies and creditors’ expectations.
No compensation against the State for enforcement actions. The National Law explicitly disclaims compensation by or on behalf of a State in connection with specified enforcement actions, including cancellation, publication of notices of intent, issuing binding instructions, appointment of statutory manager or losses incurred during statutory management (Appendix s 24(1)-(2)). This rule is subject to the acquisition-on-just-terms protection in the Territory local application provision (s 17), which guarantees compensation from the Territory where the operation of the National Law would result in acquisition other than on just terms.

Enforcement is therefore primarily non-criminal and administrative, calibrated by escalating administrative instruments and a remedial focus. The architecture places significant burdens and financial exposure on providers by making them liable for the costs of statutory management and by excluding State liability for many enforcement consequences. Procedural checks include notice, opportunity to respond in some situations, internal review routes where the Registrar must give reasons (Appendix s 14(2)), and appeal rights to an Appeal Tribunal (Appendix s 25). The Territory modifies some of these rights, for example setting the appeal period at 28 days and mandating that appeals to the Appeal Tribunal be by review (s 17A), and it provides transitional protections for appeals instituted before certain amendments (Pt 5).

The legislation was drafted as part of a national scheme and therefore contains several specific cross-reference and primacy rules, as well as declarations that displace, bind or exclude application of other laws.

Adoption and supremacy over local inconsistent provisions. The Community Housing Providers National Law is adopted as part of the Territory Act and is declared to apply as a law of the Territory (s 4). Where there is inconsistency between the National Law (NT) and Parts 6-10 of the Territory Associations Act 2003, the National Law prevails to the extent of the inconsistency (s 7).
Interaction with the Corporations Act. The National Law declares that sections 19 (binding instructions) and 21 (statutory managers) are Corporations legislation displacement provisions for the purposes of s 5G of the Corporations Act 2001 (Appendix s 23). That means the specified National Law provisions operate in place of certain Corporations Act provisions where applicable; the explanatory note in the Appendix points to s 5G and its mechanics. The practical effect is that statutory management and binding instructions can displace some corporate law protections that would otherwise apply to companies, subject to the scope of s 5G.
Land title and property law. The Territory provisions create an administrative interest in certain community housing land for the Chief Executive Officer (Housing) (s 14), and require the Registrar-General to make a recording in the land register at the Chief Executive Officer’s application to indicate the land is subject to the Part (s 16). Once recorded, the Registrar-General must refuse to register a transfer or other registrable dealing unless consent is given, the transaction is exempt, or the record is removed (s 16(3)). These provisions operate in conjunction with the Land Title Act 2000 and will affect conveyancing practice for designated community housing land.
Interpretation Act and other Acts. The local application provisions provide that the Interpretation Act 1978 applies to the local application provisions but not to the Appendix Community Housing Providers National Law or instruments made under that Law except as prescribed by regulation (s 6(1)). The Administrator may prescribe by regulation other Acts that do not apply to the National Law (s 6(2)). This limits automatic application of standard interpretive rules and certain general statutory regimes unless the Territory expressly allows them to apply.
Guidelines and joint Ministerial instruments. Registrars are required to comply with jointly made guidelines published in the NSW Government Gazette or on the NSW legislation website (Appendix s 10(2)). That creates an external normative influence from the interjurisdictional ministerial processes and the NSW publication framework, impacting how Registrars exercise functions.
Administrative tribunal and court appeals. The National Law provides a right of appeal to the Appeal Tribunal of the primary jurisdiction (Appendix s 25). The Territory has specifically modified the appeal mechanisms by conferring NTCAT jurisdiction and setting the period for appeals at 28 days and requiring appeals to be conducted by way of review (s 17A). Transitional provisions in Part 5 of the Act provide for the continuation of Local Court appeals that were commenced before certain amendments, and they limit NTCAT appeals to decisions made after commencement (Pt 5, ss 20-22).
Confidentiality and privacy. Registrars and delegates are under a duty not to disclose information obtained in the exercise of their functions except for limited purposes (Appendix s 26). The National Law also restricts the Registrar’s authority to require information identifying individual occupiers, and to enter residential premises occupied by an individual, except with the occupier's consent (Appendix s 13(5); Appendix s 15(6)). These limits interact with privacy law and data handling obligations that providers and Registrars must observe.
Interaction with Housing Acts and Housing Agencies. The National Law references Housing Agencies of participating jurisdictions and requires cooperation with them (Appendix ss 4(definition), 10(1)(h)). In the Territory, the definition of Housing Agency includes the Agency and the Chief Executive Officer (Housing) for the purposes of the local application provisions (s 12(2)). Agreements between providers and Housing Agencies can authorise otherwise prohibited land dealings or exempt certain transactions from needing consent (s 15(1)(b)-(c)).

Overall, the National Law is designed to sit alongside and in some respects override existing Territory and Commonwealth instruments where necessary to pursue a single national regulatory framework for community housing. It does so by specifying primacy over certain Territory laws, by declaring displacement provisions in relation to the Corporations Act, by creating land-recording requirements that interact with land title systems, and by requiring Registrars to comply with interjurisdictional guidelines. Practitioners should pay attention to the exact scope of displacement, the registry interactions under the Land Title Act 2000, and the interplay with privacy and corporate insolvency regimes.

The Act and the National Law as applied in the Territory have been amended several times since enactment. The Endnotes and section lists in the provided text identify the following notable legislative updates.

Original enactment and commencement. Community Housing Providers (National Uniform Legislation) Act 2013 received assent on 19 December 2013 and commenced on 22 January 2014 (Endnotes 2).
Amendments relevant to appeal jurisdiction and delegations. The Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 made territorial modifications to appeals and inserted transitional provisions. The Territory added s 17A relating to conferral of jurisdiction on the Appeal Tribunal, specifying that appeals under Appendix s 25(1) are to be conducted by way of review and that the relevant appeal period is 28 days (s 17A inserted No. 24, 2023, s 57). Part 5 transitional matters and ss 19-22 were inserted by the amending Act to provide transitional rules for appeals when jurisdiction moved (pt 5 hdg ins No. 24, 2023, s 58; ss 19-22 ins No. 24, 2023, s 58).
Changes to primary jurisdiction and other formal amendments. Section 5 (primary jurisdiction) was amended by No. 9, 2023, s 4 according to the list of amendments (Endnotes 4). Section 11 was amended by No. 24, 2023, s 56. These changes relate to delegations and the administrative positioning of the Registrar. The precise textual amendments in each case should be checked in the amending instruments.
Housing and related changes in 2024. The Housing and Related Legislation Amendment Act 2024 (Act No. 3, 2024) amended several provisions as listed: s 12 was amended (No. 3, 2024, s 4), s 14 amended (No. 3, 2024, s 5), s 15 amended (No. 3, 2024, s 6). These local amendments included, for example, the Territory’s local application provisions dealing with interests in land (ss 14-16) and certain interpretive matters (s 12). The Act commenced 5 April 2024 (Endnotes 2).
Other formal amendments. The Co-operatives (National Uniform Legislation) Act 2015 and other formal instrument amendments are noted in Endnotes; the Interpretation Legislation Amendment Act 2018 made formal non-policy changes to ss 1, 3, 6, 7 and 16 (Endnotes 3).

The Act authorises the Administrator to make regulations, including regulations adopting nationally approved amendments to the National Law as agreed by the Ministerial Council (s 5). That means future changes agreed at the national Ministerial Council level can be given effect in the Territory by regulation, subject to the formal rulemaking requirements.

Practitioners should track: instruments and regulations giving effect to nationally approved amendments under s 5; Territory regulations prescribing fees and any Acts excluded from application to the National Law under s 6(2); and the content of jointly issued guidelines that Registrars must follow (Appendix s 10(2)). The Endnotes provide an historical ledger of the principal amendments up to April 2024; for operational compliance it is necessary to verify the up-to-date text and any subordinate instruments, and to monitor Ministerial Council decisions that may be adopted by regulation.

The source text does not supply any reported cases, judicial determinations or tribunal decisions that interpret the Community Housing Providers National Law or the Territory Act. The legislation provides administrative appeal routes: to the Appeal Tribunal of the primary jurisdiction (Appendix s 25), and the Territory has provided transitional rules preserving some Local Court appeals that were instituted before amendments (Pt 5, ss 20-22). Beyond these statutory appeal rights the text does not list or summarise any litigation.

Consequently, there is no litigation history recorded in the material provided to describe how courts or tribunals have interpreted key provisions such as the scope of binding instructions, the threshold for appointing a statutory manager, the operation of the Corporations Act displacement (Appendix s 23), or the content and enforceability of conditions drawn from the National Regulatory Code (Schedule 1). There is also no recorded judicial treatment in the text of the interaction between the land register recording obligation (s 16) and established property or Torrens title principles under the Land Title Act 2000.

For practitioners advising clients, that absence means that many operational and borderline issues may remain untested in litigation and therefore present legal uncertainty. Common issues likely to generate litigation in future include: scope and limits of binding instructions and whether they can override contractual or corporate arrangements; the interaction of statutory management with insolvency or creditor claims, particularly given the declared displacement of the Corporations Act (Appendix s 23); and the scope of the "interest in land" recorded under s 16 and its consequences for third parties in conveyancing. Until there is judicial or tribunal jurisprudence the law’s operation in contested circumstances will be primarily determined by administrative practice, Registrar guidelines (Appendix s 10(2)) and the exercise of appeal rights to the Appeal Tribunal or courts as permitted under the National Law and local application provisions (Appendix s 25; s 17A; Pt 5 transitional provisions).

The Act contains several practical traps and implementation points of which practitioners and compliance officers should be aware. These are concrete practical issues that can entangle providers, funders and advisers.

Registrar discretion and Ministerial oversight. Registrars are subject to control and direction by the relevant Minister (Appendix s 9(3)). The primary Registrar has broad discretion to form opinions about serious non-compliance and to take urgent action including statutory management (Appendix ss 17, 20-21). While the Act provides notice and appeal mechanisms, the initial exercise of powers is administrative and may be swift.
Corporations Act displacement. Sections 19 and 21 are declared to be displacement provisions under s 5G of the Corporations Act (Appendix s 23). This means statutory manager appointment and binding instructions may operate in place of some Corporations Act protections for companies. Practitioners should not assume standard Corporations Act remedies and procedures apply where the National Law prescribes a different path.
Financial exposure for providers. Providers must pay statutory manager expenses, including remuneration (Appendix s 22(1)). Where the statutory manager is a State employee, the provider must reimburse the State on certification and that amount is recoverable as a debt (Appendix s 22(2)(b)). Providers also pay prescribed application fees and may be charged for National Register searches (s 10; Appendix s 12(6)).
No compensation by State for enforcement outcomes. The National Law denies compensation by or on behalf of a State for cancellation, notices, binding instructions, appointment of statutory manager or losses incurred under statutory management (Appendix s 24(1)-(2)). The Territory retains an acquisition-on-just-terms protection (s 17), but otherwise providers may not be able to recover compensation from the State resulting from enforcement actions.
Public disclosure and reputational effects. The National Register is to be publicly available and to record conditions, notices of intent to cancel, cancellations and appointments of statutory managers (Appendix s 12(2), (5)). Public registration and publication of enforcement actions can have reputational consequences and affect funding and contract relationships.
Tight reporting timelines and event-triggered obligations. Providers must notify the primary Registrar of insolvency events, winding-up decisions, and changes that may have an adverse impact on compliance often within tight timelines including 72 hours for some changes (Appendix s 15(2)(h)(v)). Failure to comply with these notification obligations can accelerate enforcement steps.
Limits on privacy relief. While the National Law restricts the Registrar from requiring information identifying individual occupiers and from entering residential premises without consent (Appendix s 13(5); Appendix s 15(6)), the Registrar may require a wide range of operational and financial information and inspect records. Providers must therefore design compliance systems that separate tenant-identifying information from broader operational reporting to meet both obligations.
Variations in appeal timing and forum. The Appendix sets a default relevant appeal period of 14 days (Appendix s 25(4)). The Territory modifies that period to 28 days and provides that appeals to the Appeal Tribunal be conducted by way of review (s 17A), but transitional provisions protect some appeals instituted before the change (Pt 5, ss 20-22). Practitioners must check which rules apply to a specific decision, particularly across the changeover period.
Cross-jurisdictional complexity and primary jurisdiction. The primary jurisdiction is determined by where the majority of community housing is provided, or by agreement between Registrars, and Registrars may delegate functions between jurisdictions (Appendix s 5; Appendix s 11). For multi-jurisdictional providers this can produce administrative complexity and potential inconsistent expectations unless Registrars align through the national guidelines.
Exclusion of Interpretation Act and other Acts. The local application provisions exclude automatic application of the Interpretation Act to the National Law unless the Territory prescribes otherwise, and allow the Administrator to prescribe other Acts that do not apply (s 6). This has technical legal consequences for how certain general statutory presumptions or machinery operate.

These are concrete operational issues rather than abstract critiques. Each one maps to a section or set of sections and so should be checked against the current text and any relevant subordinate instruments, including Registrar guidelines published under Appendix s 10(2).

This section sets out a practical compliance roadmap for an entity that either currently provides community housing or intends to start doing so in the Territory. It highlights immediate steps, ongoing obligations, governance and record-keeping needs, and a response framework for enforcement actions.

Pre-application preparation

Determine primary jurisdiction. Establish where the majority of the entity’s community housing is provided, or agree with Registrars if that is contested, because applications must be made to the primary Registrar (Appendix s 5; Appendix s 13(2)). If the entity provides no housing yet, the primary jurisdiction is where it intends to provide the majority (Appendix s 5(1)(b)).
Check entity type and constitutional order. Ensure the entity is of a class that may be registered (Appendix s 4 definition of entity) and that its constitution includes the winding-up provision required by Appendix s 15(2)(c) requiring remaining community housing assets to transfer to another registered provider or a Housing Agency in the jurisdiction.
Prepare documentation. Anticipate that the primary Registrar may require information about organisational arrangements, governance, contracts with third parties, and the affairs of the provider (Appendix s 13(5)). Prepare audited financial statements, asset registers, constitutions and governance policies.

Application and registration process

Use approved form and pay prescribed fee. File the application in the form approved by the primary Registrar and pay the prescribed fee (s 10; Appendix s 13(4)). Non-primary Registrars must refer applications to the primary Registrar (Appendix s 13(3)).
Anticipate further information requests. The primary Registrar can request additional material, subject to limits on requiring tenant-identifying information (Appendix s 13(5); Appendix s 15(6)). Have data-sanitised reports ready for operational review.
Expect conditions. Registration will be subject to conditions including compliance with specified National Regulatory Code provisions, reporting obligations, inspection allowances, and asset lists (Appendix s 15(2)(a), (d)-(j)). Be ready to negotiate or make submissions where the Registrar proposes additional standard conditions (Appendix s 15(3)-(5)).

Operational compliance and governance

Maintain an approved asset list. Keep the list of community housing assets in the form approved by the primary Registrar and make it available on request (Appendix s 15(2)(i)). Consider systems to track funding origin for assets to identify where CE(Housing) interests could arise under s 14.
Reporting and event notification. Establish internal triggers to notify the primary Registrar of insolvency processes, winding-up, receivership, votes affecting eligibility, and material changes in affairs as required, and do so within the specified timelines including 72 hours for adverse changes (Appendix s 15(2)(h)). Create a log and escalation chain for these notifications.
Compliance with National Regulatory Code. Adopt documented policies and evidence to show compliance across tenant services, asset management and maintenance, governance, probity and financial viability (Schedule 1). Maintain minutes, maintenance schedules, property condition records, financial projections and probity checks to demonstrate compliance when inspected.
Prepare for inspections and information requests. Ensure records are accessible for inspection at reasonable times and that suitably qualified officers are available to attend meetings with the Registrar if requested (Appendix s 15(2)(f)-(g)). Implement data protection measures to separate tenant-identifying information from operational reports to comply with privacy constraints.

Managing land interests and conveyancing

Identify CE(Housing) interests. Review land holdings to determine whether CE(Housing) has an interest under s 14. If so, do not effect registrable dealings without consent under s 15; ensure any exempt transaction is documented in the application to the Registrar-General for recording (s 16(2)).
Use conveyancing checks. Before any transfer or dealing, check the land register for recordings made under s 16 and obtain necessary consents or rely on authorised agreements establishing exemptions.

Responding to enforcement action

Respond to notices quickly. If the primary Registrar issues a notice of non-compliance (Appendix s 18), treat the specified period as a hard deadline and prepare a remediation plan addressing each matter identified. Consider pre-emptive engagement with the Registrar to avoid escalation to binding instructions or notice of intent.
Legal and operational preparation for binding instructions. Binding instructions are enforceable on the provider and "relevant persons" (Appendix s 19(3)). If instructions are issued, assess operational impact, ensure immediate compliance where lawful, and if necessary seek timely legal advice about appeal rights and whether to apply to the Appeal Tribunal.
Prepare for statutory management. If a notice of intent to cancel is issued or the Registrar forms the opinion of serious non-compliance, prepare contingency plans for statutory management, including understanding cost exposure under Appendix s 22, and preserving records and contracts to facilitate orderly operations.
Use appeal rights promptly. If a decision is appealable under Appendix s 25, lodge an appeal within the relevant appeal period. In the Territory the local appeal period is 28 days for decisions under Appendix s 25(1) and appeals are by way of review (s 17A). Decide whether to seek a stay of the Registrar’s decision from the Appeal Tribunal, noting the decision is not automatically stayed unless so notified or ordered (Appendix s 25(3)).

Cross-jurisdictional and funding considerations

Coordinate with other Registrars. Where operating in multiple jurisdictions ensure communication with Registrars about primary jurisdiction determinations and coordinate compliance strategies with different registrars and Housing Agencies (Appendix s 5(2)-(3); Appendix s 10(1)(g)).
Prepare funders and lenders for regime effects. Communicate with funders about the potential for public register publication of enforcement actions, the possibility of land dealing restrictions under s 15 and s 16, and the statutory manager regime that could affect security and operations.

Documentation and evidence

Keep audit trails and meeting records for all decisions that might affect registration and compliance, including asset purchases funded by Housing Agencies, improvements made with public monies, or contracts transferring asset management responsibilities.
Maintain up-to-date governance policies, codes of conduct, fraud and probity controls, and employee and board appointment checks to evidence compliance with Schedule 1 probity and governance expectations.

Following this compliance roadmap should reduce the risk of enforcement interventions and ensure prompt, documented responses where the Registrar exercises monitoring or enforcement functions. The specific regulatory expectations will be shaped by conditions listed on the National Register, the content of jointly published guidelines the Registrar must follow (Appendix s 10(2)), and any nationally approved amendments adopted by regulation under s 5.

Community Housing Providers (National Uniform Legislation) Act 2013

Plain English Summary

Deep Dive

What it does

Current sections

Community Housing Providers (National Uniform Legislation) Act 2013

Source text: opening excerpt

1 Community Housing Providers (National Uniform Legislation) Act 2013

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply