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;
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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