Housing Act 1982

The Act employs several key concepts that structure its operation. The Chief Executive Officer (Housing) is the central entity: a body corporate sole under the directorship of the CEO of the responsible Agency (s 7). It is distinct from the Minister, though subject to Ministerial direction (s 17). The CEO (Housing) holds property, enters contracts, and can sue and be sued (s 6(2)). Public housing premises are premises owned or leased by the CEO (Housing) or the Territory for letting to eligible persons under a prescribed housing scheme, including common property in a public housing development (definition in s 5). A social housing lease is a lease of public housing premises granted to an eligible person by the CEO (Housing) or Territory under a prescribed housing scheme, or a lease granted to an eligible person by a community housing provider in accordance with a prescribed housing scheme (s 5AA). Such a lease is noted as being a tenancy agreement under the Residential Tenancies Act 1999.

Antisocial behaviour is defined in s 28A as behaviour involving abusive or violent conduct directed at a person, creating alarm or fear or annoyance to neighbours or others in the vicinity, or involving graffiti, littering or vandalism. The definition includes an example: making excessive noise may create annoyance. An acceptable behaviour agreement is a written undertaking by a tenant not to engage in antisocial behaviour on the premises and any place within 50 metres of them (s 28B). The CEO may require a tenant to enter into such an agreement if the CEO reasonably believes the tenant or a recognised occupier is likely to engage in antisocial behaviour, having regard to the history of the tenancy or former tenancies (s 28C). The agreement’s operation extends to recognised occupiers and other persons occupying with consent, and a breach by such persons is taken to be a breach by the tenant (s 28C(4)-(5)). A prescribed offence includes offences such as assault (s 241 of the Criminal Code), certain liquor offences under the Liquor Act 2019, certain summary offences (trespass, offensive behaviour, etc.), and trespass offences under the Trespass Act 2023 (definition in s 5). The Act recognises appointed PHSOs (public sector employees appointed under s 28Q by the CEO after suitable training) and police officers as public housing safety officers. A recognised occupier is someone whom the tenant has notified the CEO in writing is or will be occupying the premises and the CEO has made a notation on the lease (definition in s 5). The social housing eligibility criteria are determined by the CEO in writing and must include criteria relating to means and access to housing, and must be published on the Agency’s website (s 20A).

The Act primarily affects current and prospective tenants of public housing in the Northern Territory. Any person who applies for or holds a social housing lease is subject to the eligibility criteria determined under s 20A, the rent-setting mechanism in s 23, the maintenance obligations in s 19, and the behavioural provisions in Part 5. Tenants may be required to enter into acceptable behaviour agreements if the CEO reasonably believes they or their recognised occupiers are likely to engage in antisocial behaviour (s 28C). Tenants are also liable for the costs of repairs if they fail to maintain the dwelling to the CEO’s satisfaction (s 19(3)). Persons who are not tenants or recognised occupiers but who come onto public housing premises are also affected: they may be directed to leave for up to 12 months (s 28E(3)), have their name and address required (s 28D), and have dangerous articles or liquor containers seized (s 28G). The Act also applies to eligible persons in community housing where the CEO has entered into an agreement under s 28Y, extending the powers of public housing safety officers to those premises.

The Act affects public housing safety officers themselves: appointed PHSOs are public sector employees who must be suitably trained, hold identity cards, comply with a code of conduct, and report any disqualifying offence charges or convictions (ss 28Q-28V). They are protected from civil or criminal liability for acts done in good faith (s 30A). Police officers also act as public housing safety officers and are subject to the same powers and limitations (definition). The Chief Executive Officer (Housing) is the entity that exercises most administrative functions, including administering prescribed housing schemes, determining eligibility criteria, applying to a court for lease termination under s 99A of the Residential Tenancies Act 1999 if an acceptable behaviour agreement is breached, and entering into agreements with community housing providers (ss 22, 20A, 28C, 28Y). The Minister may determine rent, control the CEO (Housing) through directions, approve certain disposals of property, and authorise sales to the Territory or specified persons (ss 23, 17, 16(4)). Community housing providers are affected by provisions allowing the CEO to agree that public housing safety officers may exercise powers in relation to premises let by the provider to eligible persons (s 28Y). Providers must then advise tenants in writing about those powers (s 28YA). The Act also binds the Crown in right of the Territory (s 4), meaning government departments and agencies must comply. Local government councils are affected by s 32, which confirms that CEO (Housing) land with a dwelling is rateable and that the CEO is liable for certain service charges despite the Local Government Act 2019.

Tenants’ duties: The tenant of a dwelling must keep the dwelling and its equipment in the condition it was in when the tenant took possession (or as improved by the CEO) except for fair wear and tear and damage from fire, storm, flood or earthquake (s 19(1)). If the tenant fails to comply, the CEO may enter and carry out repairs, and the costs become a debt due from the tenant (s 19(2)-(3)). The tenant must not make alterations, additions or demolish any part of the premises without the CEO’s prior approval; if the tenant does so, the CEO may give written notice requiring restoration within 28 days, and if not complied with, the CEO may carry out the work and recover the costs (s 20). The tenant may also be required to enter into an acceptable behaviour agreement (s 28C) and is taken to have breached it if a recognised occupier or another occupant with the tenant’s consent engages in behaviour in breach of the agreement (s 28C(5)). A tenant must comply with a direction from a public housing safety officer under s 28E (maximum penalty 20 penalty units). The tenant must give honest information to the CEO: providing a misleading document is an offence (s 36), and failing to notify about a change in income after receiving a rental rebate is an offence (s 36A). The tenant must not obstruct a public housing safety officer (s 36C) nor damage security cameras or surveillance devices (s 36D).

Tenants’ rights: Tenants have a right to a residential lease that is subject to the Residential Tenancies Act 1999 (s 34(1)), though ss 18, 19 and 20 of the Housing Act do not apply to a residential lease (s 34(2)). Tenants also have the right to apply for reconsideration of certain decisions of a public housing safety officer, such as a direction to leave or a seizure of property, by applying to the CEO within 28 days (s 28J). Thereafter, the affected person may apply to the Local Court for a merits review of the CEO’s reconsidered decision (s 28L). The tenant also has the right to be compensated for damage suffered if the CEO enters land under s 18 to remove its property (s 18(2)). A tenant of community housing premises subject to an agreement under s 28Y must be given written notice by the provider about the exercise of powers by public housing safety officers (s 28YA).

Public housing safety officers’ powers and duties: They may require a person to state name, address and age if the officer reasonably believes the person has engaged, is engaging or is about to engage in a prescribed offence or antisocial behaviour, or may be in a position to assist an investigation (s 28D). They may direct a person not to engage or to stop engaging in specified conduct (s 28E(2)). If the person is not a tenant or recognised occupier, the officer may direct the person to leave the premises immediately and not enter for up to 12 months (s 28E(3)). Directions must be given in writing if practicable; if given orally, they cease to have effect after 2 days unless confirmed in writing (s 28F). Officers may seize a dangerous article or container of liquor on common property if not under an adult’s control, and may also seize a container of liquor anywhere on the premises if its location contravenes certain Liquor Act provisions (s 28G). Seized items must be returned within 3 months unless retained as evidence (s 28G(6)-(8)). Appointed PHSOs must carry an identity card and produce it when exercising powers where practicable (s 28T). A failure to produce may be a defence to a charge based on non-compliance (s 28T(3)). Officers must comply with the Youth Justice Act 2005 when exercising powers under the Housing Act if that Act would apply to a police officer (s 28W(1)). Officers may enter public housing premises without a warrant: they may enter a yard, garden or associated area (but not the residence) to exercise powers at a reasonable time, and may enter a residence at the tenant’s invitation or consent (s 28W(2)). If they enter a residence, they must leave if asked (s 28W(4)). Officers are protected from civil and criminal liability for acts done in good faith (s 30A).

The Act creates several criminal offences, each with specified maximum penalties. The default penalty unit is currently (as at 2026) $313 per unit under the NT Sentencing Act, subject to indexation, so a penalty unit stated in the Act is a monetary fine. Key offences and penalties include:

• Contravening a requirement to provide name, address or age (s 28D(5)): 20 penalty units. Strict liability applies, but a defence of reasonable excuse exists (s 28D(6)-(7)).
• Contravening a direction under s 28E (s 28E(4)): 20 penalty units. Strict liability with reasonable excuse defence.
• Failing to return an identity card after ceasing to be an appointed PHSO (s 28S(1)): 20 penalty units. Strict liability with reasonable excuse defence.
• Failing to report a charge or conviction of a disqualifying offence by an appointed PHSO (s 28U(1)): 100 penalty units. Strict liability.
• Giving a misleading document to the Chief Executive Officer (Housing) (s 36(1)): 100 penalty units. Strict liability applies to the element that the document contains misleading information, but the person may avoid liability by drawing the misleading aspect to the CEO’s attention and providing correction (s 36(3)).
• Failing to notify the Chief Executive Officer (Housing) about a change in income after receiving a rental rebate (s 36A): 100 penalty units. The person must know about the change and the application must have been granted.
• Giving misleading information or a document to a public housing safety officer (s 36B): 20 penalty units. For documents, a defence exists if the person draws the misleading aspect to the officer’s attention and provides correction (s 36B(4)). The person must know the information is misleading and that the officer is exercising powers under the Act.
• Obstructing a public housing safety officer (s 36C): 50 penalty units or imprisonment for 3 months. The person must know the officer is exercising powers under the Act. A reasonable excuse defence applies.
• Damaging or interfering with a security camera or surveillance device on public housing premises (s 36D): 100 penalty units. A reasonable excuse defence applies.

Prosecutions for offences under ss 36, 36A or 36B may be commenced within 2 years after the date the offence is alleged to have occurred (s 36E(2)). This extended limitation period is notable; it is longer than the standard summary offence limitation of 6 or 12 months under other NT legislation. For other offences (e.g., obstructing an officer, damaging a camera), the standard 12-month limitation under the Criminal Code would apply unless otherwise specified. The Act does not provide a specific limitation for those offences, so the default under the Criminal Code (Pt IIAA) or the Summary Offences Act may apply.

Enforcement is also achieved through non-criminal mechanisms. The Chief Executive Officer (Housing) may apply to a court under s 99A of the Residential Tenancies Act 1999 for termination of the lease if a tenant fails or refuses to enter into an acceptable behaviour agreement or seriously or repeatedly breaches its terms (s 28C(2)(e)). The CEO may recover maintenance costs and costs of removing illegal structures as debts from the tenant (ss 19(3), 20(3)). The CEO may also seize dangerous articles and containers of liquor without a search warrant under s 28G; seized items may be forfeited to the Territory after 3 months if not returned (s 28G(6)-(7)). The CEO may revoke an appointed PHSO’s appointment if the officer is convicted of a disqualifying offence and must do so under s 28U(4). A code of conduct breach may be dealt with as a breach of discipline under the Public Sector Employment and Management Act 1993 (s 28V(3)).

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.

The Housing Act 1982 (Act No. 76, 1982) received assent on 8 December 1982 and commenced on 15 April 1983. It repealed the Housing Ordinance 1959 and numerous amending ordinances (Schedule, s 3). The Act has been amended by at least 30 subsequent amending Acts, with the most recent being the Housing Amendment Act 2026 (Act No. 4, 2026) which commenced on 10 February 2026. The current consolidation is as in force at that date.

Key amendments include:

• Housing Amendment Act 1998 (No. 44, 1998): Major restructure, replacing references to the former Northern Territory Housing Commission with the Chief Executive Officer (Housing) and the CEO of the Agency. It also inserted provisions for delegation and annual reporting.
• Residential Tenancies (Consequential Amendments) Act 1999 (No. 46, 1999): Inserted s 34 to apply the Residential Tenancies Act 1999 to residential leases under the Housing Act, with consequential substitutions.
• Housing Amendment Act 2000 (No. 70, 2000): Substituted s 23 to give the Minister power to determine rent by Gazette notice, and removed the requirement for a hearing.
• Housing Amendment Act 2005 (No. 17, 2005): Amended Part 4 (housing assistance schemes) to require Ministerial consent for new schemes, and inserted transitional provisions for schemes under repealed regulations.
• Housing Amendment Act (No. 2) 2005 (No. 41, 2005): Added transitional provisions for concessional loans and housing loans regulations.
• Antisocial Behaviour (Miscellaneous Amendments) Act 2006 (No. 2, 2006): Inserted s 18A (acceptable behaviour agreements) and amended definitions, providing the original behaviour management framework.
• Housing and Other Legislation Amendment Act 2011 (No. 45, 2011): A major restructuring. It inserted Parts 5 (behaviour on public housing premises), 6 (review of decisions), 7 (public housing safety officers), and Part 8 Division 2 (further offences). It repealed s 18A and replaced it with the current Part 5 Divisions 1-3. It also amended the long title and various definitions, added s 5A (application of Criminal Code), and inserted s 30A (protection of PHSOs). This amendment introduced the modern enforcement and review regime.
• Liquor Act 2019 (No. 29, 2019): Updated definitions and references to the Liquor Act 2019.
• Trespass Act 2023 (No. 7, 2023): Updated definitions of prescribed offence to include trespass offences under the new Trespass Act 2023.
• Housing and Related Legislation Amendment Act 2024 (No. 3, 2024): Inserted s 5AA (meaning of social housing lease), substituted s 20A (social housing eligibility criteria), and amended ss 5 (definitions) and 23 (rent).
• Housing Amendment Act 2026 (No. 4, 2026): Further amendment to s 23 (rent) as noted in the endnotes. No other amendments are apparent in the table.

The Act has been subject to formal amendments through Statute Law Revision Acts in 2014, 2017, and 2020, which made minor corrections. The endnotes also record that general amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 to ss 1, 5, 7, 25, 28, 28C, 28G, 28Q, 28V, 28W, 28X, 29, 32 and 34 (these are likely formatting and cross-reference updates). The Independent Commissioner Against Corruption (Consequential and Related Amendment) Act 2018 amended s 28X to reference the Ombudsman Act 2009.

The Act itself does not record specific litigation, and the text provided does not include any case references. However, the Act’s review and appeal mechanisms have generated case law in the Northern Territory Local Court and potentially the Supreme Court on appeal. The most likely areas of litigation include:

• Decisions by public housing safety officers under s 28E (directions) and s 28G (seizures) that are reconsidered by the CEO and then reviewed by the Local Court on the merits (ss 28L-28P). The Local Court may confirm, vary or set aside the decision and substitute its own (s 28P(1)). The Court may stay the decision pending review (s 28M). Cases could arise concerning the reasonableness of an officer’s belief (the standard is “reasonably believes” which is defined as “believes on grounds that are reasonable in the circumstances” (s 5)). The Local Court would consider the matter afresh and is not bound by the CEO’s decision (s 28N(2)).
• Applications by the Chief Executive Officer (Housing) to a court under s 99A of the Residential Tenancies Act 1999 for termination of a social housing lease following breach of an acceptable behaviour agreement (s 28C(2)(e)). The court would consider whether the tenant failed or refused to enter into the agreement or seriously or repeatedly breached its terms. Section 28C(3) allows the CEO to have regard to the history of the tenancy or former tenancies.
• Offence prosecutions under Part 8 Division 2 (ss 36-36D) would be heard in the Local Court. The 2-year limitation period for ss 36, 36A and 36B (s 36E(2)) may be litigated in the context of stale complaints.
• The defence of “reasonable excuse” appears in several provisions (ss 28D(7), 28E(6), 28S(3), 36C(2), 36D(2)) and would be interpreted by the courts on a case-by-case basis.
• The interaction between the Housing Act and the Residential Tenancies Act 1999 may generate disputes. Section 34(2) excludes ss 18, 19 and 20 from applying to a residential lease, but the extent of that exclusion and whether it affects the CEO’s other powers may be tested.
• The validity of rent determinations by the Minister under s 23 may be challenged on administrative law grounds, although s 23(3A) expressly provides that the Minister is not required to afford a hearing. Judicial review would be limited.
• Cases concerning the seizure of liquor or dangerous articles under s 28G, particularly whether the officer’s belief was reasonable and whether the item was truly on common property or under an adult’s control, may arise.
• The power to direct a person to leave public housing premises for up to 12 months (s 28E(3)) may be challenged as a disproportionate interference with the person’s rights, though the Act provides a merits review mechanism.

Given that the Act is a Territory law, any appeal from the Local Court would go to the Supreme Court of the Northern Territory. No specific cases are identified in the source material.

Practitioners and tenants should be alert to several traps within the Act. First, the offence of failing to notify about a change in income (s 36A) applies to any person who gave income details in an application for a rental rebate and that application was granted. The obligation to notify the CEO of any change in the income details continues for as long as the person receives the rebate. The offence is committed if the person knows about the change and does not tell the CEO. There is no requirement that the change be material; any change in income details triggers the obligation. This is a potential trap for tenants who assume only significant changes need to be reported.

Second, the acceptable behaviour agreement regime (s 28C) operates in a way that a tenant may be held vicariously liable for the behaviour of recognised occupiers or other occupants living with the tenant’s consent. Section 28C(5) provides that if such a person breaches the agreement, the tenant is taken to have breached it. This means the tenant’s lease is at risk if a housemate or family member engages in antisocial behaviour, even if the tenant did not participate or condone it. The CEO may apply for termination under the Residential Tenancies Act. Additionally, the notice requiring entry into an acceptable behaviour agreement must include specific information under s 28C(2); if it does not, the agreement is of no effect (s 28C(6)). Tenants should scrutinise the notice for compliance.

Third, the direction to leave public housing premises under s 28E(3) can be given orally if it is not practicable to give written notice, but the oral direction ceases to have effect after 2 days unless confirmed in writing (s 28F(2)). However, the written confirmation can be given later, extending the direction for up to 12 months from the date of the written notice. A person who leaves after an oral direction may be later served with a written notice that revives the direction. The written notice must state reasons and the period of exclusion. The direction is effective immediately and the affected person must comply even if they intend to seek review. An application for reconsideration under s 28J does not affect operation of the original decision (s 28J(3)). The only way to stay a direction pending review is by an order of the Local Court (s 28M(2)).

Fourth, the seizure powers under s 28G are broad. An officer may seize a dangerous article or container of liquor on common property if the article or liquor is not under the immediate control of an adult. There is no warrant required. The officer may also seize a container of liquor anywhere on the premises if its location contravenes certain Liquor Act provisions (e.g., drinking in a public place). The officer has discretion to retain or give the seized item to a police officer. The owner must claim the item within 3 months and be reasonably believed to be the owner; otherwise the item is forfeited to the Territory (s 28G(7)). Importantly, forfeiture does not happen if the item is retained as evidence of an offence (s 28G(8)). A person affected may seek internal review but the seizure itself is an original decision under s 28H(c).

Fifth, the Act contains a number of strict liability offences (ss 28D(6), 28E(5), 28S(2), 28U(2), 36(2), 36B(3)). For strict liability offences, the prosecution need not prove fault (intention, knowledge or recklessness) as to one or more physical elements of the offence. The defendant bears the legal burden of raising a defence, usually by establishing a reasonable excuse (where available) or honest and reasonable mistake of fact under the Criminal Code. This is a higher burden than for mens rea offences. The absence of a reasonable excuse defence in s 36 (misleading document) is notable; the only defence is the statutory exception in s 36(3) (drawing attention to the misleading aspect and correcting it). This means a person who unknowingly gives a misleading document may still be guilty unless they took steps to correct it.

Sixth, the provision for rent (s 23) overrides the tenancy agreement. Section 23(4) states that the rent determined by the Minister is payable despite anything to the contrary in the tenancy agreement, arrangement or alleged arrangement. This means a tenant cannot rely on a lower rent agreed in the lease if the Minister later increases it by Gazette notice. Moreover, the Minister may determine rent for a class of dwelling or premises, and is not required to afford a hearing to affected persons (s 23(3A)). This has been tested in judicial review but remains a broad power.

Seventh, the requirement for an appointed PHSO to produce an identity card (s 28T) is a procedural protection, but non-compliance does not automatically invalidate the exercise of power. Section 28T(3) provides that non-compliance is a defence to a charge based on non-compliance by the person to whom the card should have been produced. This means if an officer fails to produce the card, a person who fails to comply with a direction may raise that as a defence. However, the person must still comply at the time; the defence is available only if they are later charged. There is no right to refuse compliance immediately.

Eighth, the Act’s interaction with the Residential Tenancies Act 1999 means that some provisions of the Housing Act are disapplied to residential leases (s 34(2)), but the behavioural powers in Part 5 still apply to tenants and visitors. A public housing safety officer may enter a yard or garden without a warrant (s 28W(2)(a)) even though the Residential Tenancies Act would restrict landlord entry. Tenants should understand that the officer is not acting as the landlord under the Residential Tenancies Act but under separate statutory authority.

Ninth, the Act defines “prescribed housing scheme” simply as one prescribed by regulation for s 22. This means the substantive content of housing schemes is not in the Act itself but in regulations. Practitioners must consult the Housing Regulations to determine eligibility rules, rebate calculations, and purchase schemes. The Act merely empowers the CEO to administer them with the Minister’s written consent.

Compliance with the Housing Act 1982 depends on the role of the person or entity. For tenants of public housing, the key steps are:

• Maintain the dwelling and its equipment to the condition at the start of the tenancy (or as improved by the CEO) excluding fair wear and tear and excepted damage (s 19). Document the condition at move-in with photographs and submit to the CEO.
• Obtain prior written approval from the CEO before making any alterations, additions or demolitions (s 20). If work is done without approval, the tenant must restore the premises within 28 days of receiving a notice.
• Comply with all reasonable directions from a public housing safety officer under s 28E. If given an oral direction to leave, request written confirmation if not provided immediately; if not confirmed within 2 days, the direction lapses.
• Enter into an acceptable behaviour agreement promptly if required by written notice under s 28C. The tenant has at least 28 days to do so. Failure or refusal may lead to lease termination proceedings.
• Ensure that all persons living in the premises (recognised occupiers and others with consent) are aware of the terms of any acceptable behaviour agreement, as the tenant is vicariously liable for their breaches.
• Notify the CEO in writing of any change in income details that were provided in a rental rebate application, as soon as the tenant knows of the change (s 36A). This includes increases or decreases in income. Failure to notify is an offence.
• Provide accurate information to the CEO and to public housing safety officers. Giving misleading information or documents is an offence (ss 36, 36B). If a document later turns out to be misleading, the tenant should immediately draw the misleading aspect to the officer’s attention and provide correct information to avoid liability.
• Do not obstruct a public housing safety officer (s 36C). If asked for name and address, provide them truthfully; a false name may lead to a further requirement to provide evidence of correctness (s 28D(3)).
• Do not damage or interfere with security cameras or surveillance devices on the premises (s 36D). A reasonable excuse defence is available but should not be relied upon lightly.

For public housing safety officers (appointed PHSOs), compliance involves:

• Only exercising powers after receiving suitable training and holding a valid appointment (s 28Q). The CEO must have been authorised to obtain a criminal record check.
• Carrying an identity card and producing it when exercising a power wherever practicable (s 28T). Failure to do so may be raised as a defence by the person subject to the power.
• Complying with the code of conduct issued by the CEO (s 28V). Breach may lead to disciplinary action under the Public Sector Employment and Management Act 1993.
• If charged with or convicted of a disqualifying offence, reporting that to the CEO within 7 days (s 28U(1)). Failure is a strict liability offence with a penalty of 100 penalty units.
• When exercising powers, ensuring that any requirement for name and address, direction, or seizure is based on reasonable belief. Officers should document the grounds for that belief, especially in respect of “reasonably believes” (defined in s 5). Officers should inform the person of the offence for non-compliance when requiring name and address (s 28D(4)).
• For directions given orally, issuing a written notice within 2 days to extend the direction beyond that period (s 28F(2)). The written notice must contain all required particulars under s 28F(4).
• When seizing dangerous articles or liquor, affixing a receipt at the place of seizure (s 28G(5)) and arranging for return or forfeiture within 3 months unless the item is retained as evidence (s 28G(6)-(8)).
• When entering premises, complying with the Residential Tenancies Act to the extent applicable, but relying on s 28W(2) for entry into yards, gardens or associated areas at a reasonable time. For entry into a residence, obtain the tenant’s invitation or consent (s 28W(2)(b)), and leave if asked (s 28W(4)).
• In exercising powers in relation to community housing premises under an agreement (s 28Y), treat those premises as if they were public housing premises for the purposes of Part 5 Division 3 and Part 7 Division 2 (s 28YB).

For the Chief Executive Officer (Housing) , compliance obligations include:

• Determining social housing eligibility criteria in writing and publishing them on the Agency’s website (s 20A). The criteria must include means and access to housing.
• Administering prescribed housing schemes only with the Minister’s written consent unless the scheme is a prescribed housing scheme (s 22).
• Ensuring that any delegation of powers or functions is in writing under seal (s 14(2)). Delegations by the CEO to a public sector employee are permissible (s 31A).
• When accepting advances or making payments for housing assistance, complying with any terms and conditions set by the Treasurer (s 26).
• Maintaining a trust account for repayments and payments under Part 4 (s 25).
• Reporting annually, with the CEO (Housing)’s operations included in the Agency’s annual report (s 29).
• When requiring a tenant to enter into an acceptable behaviour agreement, ensuring the written notice contains all prescribed information (s 28C(2)). If notice is defective, the agreement is of no effect (s 28C(6)).
• Applying to a court for lease termination under the Residential Tenancies Act if a tenant breaches or refuses to enter an agreement, as stated in the notice (s 28C(2)(e)).
• Reconsidering original decisions within 28 days of an application (s 28K(1)) and providing written notice with reasons and information about Local Court review (s 28K(3)).

For community housing providers entering an agreement under s 28Y: give written notice to tenants of each specified premises as soon as reasonably practicable after the agreement is made, including a summary of PHSO powers and where to find the code of conduct (s 28YA). Failure to do so may not be an offence under the Act, but may be a breach of the agreement.