Housing Act 1983

The State: The Act binds the Crown in right of Victoria and, to the extent legislative power permits, the Crown in other capacities (section 5).

Homes Victoria: Has the full suite of statutory powers to acquire, develop, manage, and dispose of land; to borrow and lend money; to make grants; to enter joint ventures; and to manage the public housing portfolio.

Rental housing agencies (community housing providers): Any non-profit organisation providing rental housing that seeks government support, access to Government land, or official recognition must be registered under Part VIII. Registration subjects the agency to performance standards, reporting obligations, complaints handling requirements, and the Homes Victoria interest in their land.

Tenants and applicants for public housing: The Victorian Housing Register (Part VIIIA) determines access to social housing. Eligibility and priority are set by Homes Victoria under section 142E. Personal information about applicants is protected by the information-sharing provisions in Part VIIIA Division 2.

Municipal councils (Part VII): Local councils have powers to inspect premises, declare them unfit for human habitation, issue notices requiring repair, vacation, or demolition, and enforce minimum habitation standards under Part VII.

Homes Victoria obligations: Must operate the Victorian Housing Register (section 142A), determine eligibility criteria and priority categories (section 142E), and require participating registered agencies and designated service providers to participate in the Register (section 142F). Must not transfer an interest in registered agency land without consent of Homes Victoria (sections 107-111).

Registered agency obligations (Part VIII Division 5): Registered agencies must comply with performance standards (section 95), establish complaints procedures (section 97), and make various reports to the Registrar (sections 104-106). Changes to the agency's constitution or rules require Registrar approval (section 102). Agencies must notify Homes Victoria before acquiring land (section 108) and cannot transfer their interest in land without Homes Victoria's consent (section 109).

Registered agency land interest (sections 107-111): When a registered agency acquires land using public funding or where Homes Victoria determines it is appropriate, Homes Victoria acquires an interest in that land. This interest survives deregistration (section 111) and prevents transfer without consent. The interest may be recorded on the Land Title Register (section 110).

Habitation standards (Part VII): Owners and occupiers of premises that fail to meet minimum habitation standards are subject to Council notices, and in serious cases to orders for vacation or demolition.

Homes Victoria powers (Part III): Broad powers to acquire and dispose of land (section 14), develop and manage land (section 15), create and extinguish easements (section 16), accept donations (section 17), borrow money (section 20), lend money (section 21), invest surplus funds (section 22), make grants (section 24), and enter joint ventures (section 32A). These powers are exercised under the direction and control of the Minister.

Registrar of Housing Agencies (Part VIII Divisions 7 and 8): The Registrar may appoint inspectors (section 113), enter and inspect premises (section 117), require information and documents (sections 116, 122), investigate complaints (section 99), give directions to registered agencies (section 132), appoint administrators (section 133), provide financial accommodation (section 136), and recommend appointments to governing bodies (section 131). The most intrusive powers (appointment of administrator, displacement of other laws in section 129) are available when the Registrar considers the agency has failed or is likely to fail to comply with the Act.

Homes Victoria's VAHP powers (Part VIIIB): Homes Victoria may make VAHP declarations (section 142JA) declaring a program to be a Victorian Affordable Housing Program, and VAHP determinations (section 142JB) setting the terms and conditions of that program. These powers enable flexible affordable housing programs beyond traditional public housing.

Offence provisions (Part V section 41): The Act creates offences for specific contraventions, including giving false information (section 40, maximum penalty not specified in the overview text) and other specific contraventions under section 41.

Inspector powers: Failure to comply with an inspector's requirements (section 124) is an offence.

Part VIII enforcement: The Registrar's power to appoint an administrator, recommend governing body changes, and ultimately revoke registration (Part VIII Division 9) provides a graduated set of regulatory consequences for non-compliant registered agencies.

Habitation standards (Part VII): Failure to comply with a notice from a Council under Part VII, or failure to comply with enforcement orders, are offences.

Registration of rental housing agencies (Part VIII Division 3): Applications are made to the Registrar (section 81). The Registrar may require further information (section 83) and must consider prescribed registration criteria (Schedule 7). Registration may be refused (section 86) or granted at a specified category (sections 84-85). Decisions are subject to review (section 88).

Victorian Housing Register access (Part VIIIA): Homes Victoria determines eligibility and priority (section 142E) and authorises access to the Register (section 142G). Information sharing from the Register is permitted in the circumstances described in section 142J.

Revocation of registration (Part VIII Division 9, section 141): The Registrar may revoke registration on specified grounds. Decisions are subject to review (section 142). An administrator appointed by the Registrar has the duties and powers set out in section 133.

Standards of habitation (Part VII): Councils may issue notices in the form prescribed by Schedule 6 and may apply to VCAT or the courts for enforcement.

Residential Tenancies Act 1997 (Vic): The Act governs the tenancies in public housing and registered agency housing. The Housing Act establishes the authority and the property framework; the Residential Tenancies Act governs the landlord-tenant relationship.

Privacy and Data Protection Act 2014 (Vic): The definitions of "personal information", "sensitive information", "unique identifier", and "State contract" in section 4(1) are imported from this Act. The Victorian Housing Register information-sharing regime in Part VIIIA Division 2 operates within the framework of the Privacy and Data Protection Act.

Public Administration Act 2004 (Vic): The Department of Families, Fairness and Housing is a department within the meaning of this Act, and its officers are public sector employees under it.

Land Title Act 2010 (Vic) and Transfer of Land Act 1958 (Vic): The Homes Victoria interest in registered agency land (sections 107-111) may be recorded on the Register of land titles.

Commonwealth-State Housing Agreements: Schedules 3 and 3A incorporate the 1981 and 1984 Commonwealth-State-Northern Territory Housing Agreements, which were the basis for Commonwealth funding of state public housing. The Minister has powers under section 7 in respect of any such agreement in force for Victoria.

Homes Victoria's land interest survives deregistration: Section 111 provides that Homes Victoria's interest in registered agency land remains in force even if the agency is deregistered. This is a significant legacy interest that affects community housing assets.

VAHP housing is distinct from social housing: The 2022 amendments inserted Part VIIIB and redefined "social housing" to exclude Victorian Affordable Housing Programs housing. This means that housing provided under VAHP declarations is governed by different rules from traditional public housing and registered agency housing.

Registration criteria are in Schedule 7: The Act does not set out the registration criteria in the body of the Act; they are in Schedule 7. Rental housing agencies seeking registration must satisfy these criteria as well as any additional criteria prescribed by regulation.

Homes Victoria land acquisition and consent: A registered agency must notify Homes Victoria of any land acquisition (section 108) and cannot transfer its interest without consent (section 109). These obligations apply even after a change in government funding arrangements. An agency that transfers land without consent risks enforcement action and potentially registration issues.

Example 1: Community housing provider applying for registration A non-profit company that provides rental housing to low-income families applies to be registered as a registered housing provider under Part VIII. The Registrar assesses the application against the criteria in Schedule 7. If registered, the organisation must comply with performance standards, establish a complaints procedure, make reports, and give Homes Victoria an interest in any land acquired with public funding. If the Registrar is not satisfied, registration may be refused and the organisation may apply for review.

Example 2: Victorian Housing Register access A person in housing stress applies to Homes Victoria for social housing. Homes Victoria assesses the application against the eligibility criteria and priority categories determined under section 142E. If eligible, the applicant is placed on the Victorian Housing Register at the appropriate priority. A participating registered agency authorised under section 142G may access the Register to manage allocations from their housing stock. Personal information on the Register may only be shared in the circumstances described in section 142J.

Example 3: Habitation standards enforcement A municipal council officer inspects a rental property and finds it fails to meet Schedule 6 minimum habitation standards. The council may issue a notice under Part VII requiring the owner to carry out specified repairs within a specified time. If the owner fails to comply, the council may take further enforcement action.