The Act expressly interacts with several other NT and Commonwealth laws. Most significantly, the Residential Tenancies Act 1999 applies in relation to a residential lease under the Housing Act, subject to ss 6 and 7 of that Act (s 34(1)). However, ss 18, 19 and 20 of the Housing Act (which deal with the CEO’s power to enter land and take property, tenant maintenance obligations, and removal of illegal structures) do not apply in relation to a residential lease (s 34(2)). This carve-out means that for standard social housing tenancies, the landlord’s entry and the tenant’s maintenance duties are governed by the Residential Tenancies Act rather than the Housing Act, but the Housing Act still applies to the CEO’s broader property management powers outside the tenancy relationship. The note to s 5AA clarifies that a social housing lease is a tenancy agreement under the Residential Tenancies Act 1999.
Part 5 includes explicit interaction provisions. A public housing safety officer may enter a yard, garden or associated area (but not the residence) to exercise powers under the Housing Act at a reasonable time, despite the application of the Residential Tenancies Act to the premises (s 28W(2)(a)). The officer may also enter a residence at the tenant’s invitation or consent, but must leave if asked (s 28W(2)(b), (4)). This overrides the Residential Tenancies Act’s entry provisions where they would otherwise restrict landlord entry to specific circumstances.
The Youth Justice Act 2005 applies when a public housing safety officer is exercising a power under the Housing Act that would be subject to that Act if exercised by a police officer (s 28W(1)). This means officers must comply with obligations regarding youth suspects and offenders, such as the presence of a parent or guardian and cautioning requirements.
The Criminal Code (Pt IIAA) applies to all offences against the Act under s 5A, establishing general principles of criminal responsibility, defences and burden of proof. This is significant for strict liability offences (ss 28D(6), 28E(5), etc.) as it imports the common law defence of honest and reasonable mistake of fact.
The Act also interacts with the Liquor Act 2019: a prescribed offence includes s 173, 183 or 189 of that Act (definition in s 5). The power to seize a container of liquor in s 28G(3) applies when the container’s location contravenes those sections (e.g., possessing liquor in a public place, drinking in a public place, etc.). Additionally, the definition of “liquor” is taken from s 4(1) of the Liquor Act 2019.
The Trespass Act 2023 is referenced in the definition of prescribed offence (s 13(1) or (2), 14(1), 15(1) or (2), 16(1) or 17(2)). The Summary Offences Act 1923 provides other prescribed offences (s 47, 47AA, 50). The Criminal Code 1983 is referenced for assault offences (s 241).
The Local Government Act 2019 is overridden by s 32, which provides that land acquired by the CEO (Housing) with a dwelling or proposed dwelling is rateable, and the CEO is liable for night-soil or garbage removal charges, despite anything in that Act.
The Act applies to community housing providers. The definition of “community housing provider” refers to the Community Housing Providers National Law (NT) , meaning providers must be registered under that law. An agreement under s 28Y allows public housing safety officer powers in relation to premises let by the provider.
The Criminal Records (Spent Convictions) Act 1992 and Anti-Discrimination Act 1992 are overridden for the purpose of appointing PHSOs: an applicant must authorise the CEO to obtain a criminal record including spent convictions, and the CEO may retain that record (s 28Q(3)). This is an express exclusion of spent convictions protections.
The Financial Management Act 1995 governs the preparation and presentation of financial statements for the CEO (Housing) (s 29(2)). The Public Sector Employment and Management Act 1993 applies to appointed PHSOs: the code of conduct breach is dealt with as a breach of discipline under that Act (s 28V(3)), and the annual report for the CEO (Housing) is included in the Agency’s annual report under s 28 of that Act (s 29(1)). The Ombudsman Act 2009 does not limit a person’s right to complain about the conduct of public housing safety officers (s 28X(3)). The Police Administration Act 1978 is noted as providing general orders for police officers (note to s 28V(1)). The Unit Titles Act 1975 and Unit Title Schemes Act 2009 define “common property” and “unit” for the purposes of public housing developments.