Housing Act 1983

143 Regulations 117

Part X—Transitional 119

144 Power to terminate existing leases 119

145 Saving of housing finance provisions 120

146 Advisory Board 120

147 Amendment of Land Titles Register 120

148 Construction of references to Director of Housing 121

149 Change of names 121

Schedules 123

Schedule 1—Amendments and repeals 123

Schedule 2—Provisions with respect to property 132

Schedule 3—The Commonwealth–State–Northern Territory Housing Agreement 1981 139

Schedule 3A—Agreement between the Commonwealth of Australia, the States and the Northern Territory relating to housing (1984‑1993) 163

Schedule 4—Previous agreements 194

Schedule 5—Parking of vehicles on land of Homes Victoria 197

Schedule 6—Standards of habitation 207

Schedule 7—Registration of rental housing agencies—registration criteria 211

Schedule 8—Register of Housing Agencies 215

Schedule 9—Rental housing co-operatives 219

Endnotes 220

1 General information 220

2 Table of Amendments 222

3 Explanatory details 228

Version No. 082

Housing Act 1983

No. 10020 of 1983

Version incorporating amendments as at

An Act to modernize housing law, to improve housing administration in Victoria, to repeal the Housing Act 1958 and the Home Finance Act 1962 and certain other Acts, to make consequential amendments to various Acts and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Part I—Preliminary

Division 1—Commencement, repeals, interpretations

1 Short title

This Act may be cited as the Housing Act 1983.

2 Commencement

This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

3 Repeals and savings

(1) The Acts mentioned in Schedule 1 to the extent thereby expressed to be amended or repealed are hereby amended or repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided all persons, things and circumstances appointed done or created by or under any Act which is amended or repealed by this Act or existing or continuing under any such Act immediately before the commencement of this Act shall be under and subject to this Act continue to have the same status, operation and effect as they would have had if this Act had not been enacted.

4 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 4(1) def. of Advisory Board inserted by No. 40/2022 s. 18(2).

Advisory Board means the Homes Victoria Advisory Board established under section 11A;

S. 4(1) def. of Agreement repealed by No. 10259 s. 8.

S. 4(1) def. of applicant inserted by No. 75/2016 s. 4.

applicant (other than in Schedule 3) means an individual who applies for, or has entered into, a tenancy in social housing;

S. 4(1) def. of authorised person inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(a)(b).

authorised person means—

(a) a person authorised by Homes Victoria under section 142G to access the Victorian Housing Register; and

(b) a person belonging to a class of person authorised by Homes Victoria under section 142G to access the Victorian Housing Register;

building includes a structure or a part of a structure;

S. 4(1) def. of Chair inserted by No. 40/2022 s. 18(2).

Chair means the Chair of the Advisory Board appointed under section 11D;

S. 4(1) def. of Chief Executive Officer, Homes Victoria inserted by No. 40/2022 s. 18(2).

Chief Executive Officer, Homes Victoria means the person referred to in section 9(1) as the Chief Executive Officer, Homes Victoria;

Commonwealth means Commonwealth of Australia;

construct, in relation to a building, includes—

(a) build, re-build, erect or re-erect the building;

(b) make structural alterations to the building;

(c) enlarge or extend the building; and

(d) place or re-locate the building on land;

S. 4(1) def. of co-operative inserted by No. 106/2004 s. 3, amended by No. 9/2013 s. 42(Sch. 2 item 11(1)).

co-operative has the same meaning that it has in the Co‑operatives National Law (Victoria);

S. 4(1) def. of Department inserted by No. 106/2004 s. 3,
amended by Nos 106/2004 s. 13(1), 40/2022 s. 18(3).

Department means the Department of Families, Fairness and Housing established under the Public Administration Act 2004;

S. 4(1) def. of designated service provider inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(c).

designated service provider means an agency, a body or a person providing services under any of the following for the purposes of assisting disadvantaged individuals to access social housing—

(a) a State contract or any other contract
or agreement between the agency,
body or person and Homes Victoria, the Department or any other Department of the State;

(b) a contract or agreement between
the agency, body or person and a Department of the Commonwealth;

S. 4(1) def. of development amended by No. 53/1988 s. 45(Sch. 2 item 13).

development in relation to land, means—

(a) the construction or demolition of a building on the land;

(b) the carrying out of works in, on, over or under the land;

(c) the making of a change in the use of the land;

(d) the division of the land into two or more parts each capable of being separately occupied, used or disposed of or the resubdivision of land into different parts each capable of being separately occupied, used or disposed of;

(e) the redevelopment of the land;

S. 4(1) def. of Director repealed by No. 40/2022 s. 18(4).

S. 4(1) def. of Director of Housing amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 40/2022 s. 18(4).

S. 4(1) def. of eligible applicant inserted by No. 75/2016 s. 4.

eligible applicant means an applicant who meets the eligibility criteria for a tenancy in social housing;

S. 4(1) def. of eligibility criteria inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(d).

eligibility criteria means the criteria determined by Homes Victoria under section 142E(1)(a);

S. 4(1) def. of general fund inserted by No. 40/2022 s. 18(2).

general fund means the fund established under section 25;

S. 4(1) def. of governing body inserted by No. 106/2004 s. 3.

governing body, in relation to a registered agency, means—

(a) the board of directors of the registered agency; or

(b) the committee of management of the registered agency; or

(c) any other body responsible for the management of the registered agency;

S. 4(1) def. of Government agency inserted by No. 106/2004 s. 3, amended by No. 40/2022 s. 27(e).

Government agency means—

(a) the Crown;

(b) a Government Department;

(c) a public authority;

(d) Homes Victoria;

(e) a municipal council;

S. 4(1) def. of health information inserted by No. 75/2016 s. 4.

health information has the same meaning that it has in the Health Records Act 2001;

S. 4(1) def. of hirer amended by No. 40/2022 s. 27(f).

hirer means a person who enters into a hiring agreement with Homes Victoria;

S. 4(1) def. of hiring agreement amended by No. 40/2022 s. 27(g).

hiring agreement means an agreement entered into under section 18(1) for the hiring by any person of a movable unit from Homes Victoria;

S. 4(1) def. of Homes Victoria inserted by No. 40/2022 s. 18(2).

Homes Victoria means the body corporate established under section 9(2);

S. 4(1) def. of Homes Victoria development project inserted by No. 40/2022 s. 18(2).

Homes Victoria development project means a project—

(a) to be carried out by or on behalf of Homes Victoria to develop, operate, manage or maintain property for the purposes of this Act; and

(b) that has been approved in writing by the Minister;

S. 4(1) def. of Homes Victoria subsidiary inserted by No. 40/2022 s. 18(2).

Homes Victoria subsidiary—see section 32A(a);

house means any building (whether temporary or permanent) or any part of a building which is or at any time has been used or is intended to be used as a dwelling and includes—

(a) a flat;

(b) any out-buildings, fences and other appurtenances to a house or flat;

(c) any house to be erected or in the course of erection; and

(d) any land on which the house is situated or is to be erected or is in the course of erection;

S. 4(1) def. of household member inserted by No. 75/2016 s. 4.

household member, of an applicant, means an individual who resides, or intends to reside, with the applicant in social housing;

S. 4(1) def. of incorporated association inserted by No. 106/2004 s. 3,
amended by No. 20/2012 s. 226(Sch. 5 item 16(1)).

incorporated association means an association incorporated under the Associations Incorporation Reform Act 2012;

S. 4(1) def. of inspector inserted by No. 106/2004 s. 3.

inspector, in Part VIII, means—

(a) the Registrar of Housing Agencies; or

(b) an inspector appointed under that Part;

land includes buildings and other structures, land covered with water and any interest (including any leasehold interest), easement or right in or over land;

S. 4(1) def. of member inserted by No. 40/2022 s. 18(2).

member, in relation to the Advisory Board, means a member of the Advisory Board appointed under section 11D;

movable unit means a house capable of being transferred from place to place;

S. 4(1) def. of municipality repealed by No. 12/1989 s. 4(1)(Sch. 2 item 61.1).

S. 4(1) def. of non-profit body inserted by No. 106/2004 s. 3.

non-profit body means—

(a) a corporation limited by shares or by guarantee that by its constitution is prohibited from carrying on its business for profit; or

(b) a body that—

(i) is not carried on for the purposes of profit or gain to its individual members; and

(ii) is, by its constitution or rules, prohibited from making any distribution, whether in money, property or otherwise, to its members—

but does not include a Government agency;

S. 4(1) def. of owner amended by No. 26/1987 s. 21.

owner means the person for the time being entitled to receive the rent of the land in connexion with which the word is used (whether on that person's own account or as the agent of or as trustee for any other person) or who would be entitled to receive the rent if the land were let at a rent;

S. 4(1) def. of participating designated service provider inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(h).

participating designated service provider means a designated service provider that is declared by Homes Victoria under section 142F(2)(a) to be a participating designated service provider;

S. 4(1) def. of participating registered agency inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(i).

participating registered agency means a registered agency that is declared by Homes Victoria under section 142F(2)(b) to be a participating registered agency;

S. 4(1) def. of performance standards inserted by No. 106/2004 s. 3.

performance standards, in Part VIII, means performance standards determined under that Part;

S. 4(1) def. of personal details inserted by No. 75/2016 s. 4.

personal details, of an applicant or a household member of an applicant, has the meaning given by section 142C(2);

S. 4(1) def. of personal information inserted by No. 75/2016 s. 4.

personal information has the same meaning that it has in the Privacy and Data Protection Act 2014;

S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 81.1).

police officer has the same meaning that it has in the Victoria Police Act 2013;

prescribed means prescribed by the regulations;

S. 4(1) def. of prescribed registration criteria inserted by No. 106/2004 s. 3.

prescribed registration criteria, in Part VIII, means—

(a) the criteria set out in Schedule 7; and

(b) any other registration criteria prescribed by the regulations for the purposes of Part VIII;

S. 4(1) def. of priority category inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(j).

priority category means a category determined by Homes Victoria under section 142E(1)(b);

S. 4(1) def. of project fund inserted by No. 40/2022 s. 18(2).

project fund means a fund established under section 26;

S. 4(1) def. of public housing substituted by No. 40/2022 s. 18(1)(b).

public housing means non-profit housing in the public sector, other than under the Victorian Affordable Housing Programs;

S. 4(1) def. of registered agency inserted by No. 106/2004 s. 3.

registered agency means a registered housing association or a registered housing provider;

S. 4(1) def. of registered housing association inserted by No. 106/2004 s. 3.

registered housing association means a rental housing agency registered as a registered housing association under Part VIII;

S. 4(1) def. of registered housing provider inserted by No. 106/2004 s. 3.

registered housing provider means a rental housing agency registered as a registered housing provider under Part VIII;

S. 4 def. of registrar repealed by No. 84/1996 s. 467(Sch. 6 item 8.1), new def. of Registrar inserted by No. 106/2004 s. 3.

Registrar means the body corporate established under Part VIII;

S. 4(1) def. of Registrar of Housing Agencies inserted by No. 106/2004 s. 3.

Registrar of Housing Agencies means the Registrar of Housing Agencies appointed under Part VIII;

S. 4(1) def. of relevant documents inserted by No. 106/2004 s. 3.

relevant documents in Part VIII, means records or other documents, however compiled, recorded or stored, that relate to the incorporation and management of a registered agency, including accounts, accounting records, and documents relating to transactions, dealings, business or property of the registered agency;

S. 4(1) def. of relevant information inserted by No. 75/2016 s. 4.

relevant information (other than in section 90) has the meaning given by section 142I;

S. 4(1) def. of relevant person inserted by No. 75/2016 s. 4.

relevant person has the meaning given by section 142I;

S. 4(1) def. of rental housing agency inserted by No. 106/2004 s. 3.

rental housing agency means—

(a) a corporation limited by shares or by guarantee that is a non-profit body and that provides or is established to provide rental housing; or

(b) an incorporated association or non‑trading co-operative that is a non‑profit body and that provides or is established to provide rental housing;

sale includes any contract of sale subject to terms as to the repayment of purchase moneys over time;

S. 4(1) def. of Secretary inserted by No. 106/2004 s. 3.

Secretary means the Secretary to the Department;

S. 4(1) def. of sensitive information inserted by No. 75/2016 s. 4.

sensitive information has the same meaning that it has in the Privacy and Data Protection Act 2014;

S. 4(1) def. of social housing inserted by No. 75/2016 s. 4, substituted by No. 40/2022 s. 18(1)(c).

social housing means the following housing (other than under the Victorian Affordable Housing Programs)—

(a) public housing;

(b) housing owned, controlled or managed by a participating registered agency;

S. 4(1) def. of State contract inserted by No. 75/2016 s. 4.

State contract has the same meaning that it has in the Privacy and Data Protection Act 2014;

street includes any street, road, lane, footway, square, court, alley, or right-of-way, whether a thoroughfare or not;

Treasurer means Treasurer of Victoria;

S. 4(1) def. of unique identifier inserted by No. 75/2016 s. 4.

unique identifier has the same meaning that it has in the Privacy and Data Protection Act 2014;

S. 4(1) def. of VAHP declaration inserted by No. 40/2022 s. 18(1)(a).

VAHP declaration means a declaration under section 142JA;

S. 4(1) def. of VAHP determination inserted by No. 40/2022 s. 18(1)(a).

VAHP determination means a determination under section 142JB;

vehicle means a conveyance designed to be propelled or drawn by any means;

S. 4(1) def. of Victorian Affordable Housing Programs inserted by No. 40/2022 s. 18(1)(a).

Victorian Affordable Housing Programs means the affordable housing programs under Part VIIIB;

S. 4(1) def. of Victorian Housing Register inserted by No. 75/2016 s. 4.

Victorian Housing Register means the register
of applicants established and administered under section 142A;

works means any operation carried out in, on, over or under land and, without limiting the generality of the foregoing, includes the construction of streets, the setting apart of any land for gardens, parks, open spaces or places of recreation and any alteration made to the natural condition or topography of land.

(2) Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings.

S. 4(3) inserted by No. 40/2022 s. 18(5).

(3) In this Act—

(a) a reference to a function includes a reference to a power, authority and duty; and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

5 Act binds the Crown

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all other capacities.

Division 2—Objects

6 Objects

(1) The objects of this Act are—

(a) to ensure that every person in Victoria has adequate and appropriate housing at a price within his or her means by encouraging—

(i) the provision of well maintained public housing of suitable quality and location;

S. 6(1)(a)(ia) inserted by No. 106/2004 s. 4(1).

(ia) the participation of non-profit bodies in the provision of well maintained, affordable rental housing of suitable quality and location;

S. 6(1)(a)(ii) substituted by No. 106/2004 s. 4(2).

(ii) the distribution, according to need, of Government housing financial assistance;

(iii) the promotion of the orderly planning, assembly and development of land;

(b) to expand and develop the role of the public sector in the provision of housing;

(c) to promote cost effectiveness in the provision of housing;

(d) to promote the integration of public and private housing;

(e) to provide in the public sector a variety of housing types in various locations;

S. 6(1)(ea) inserted by No. 106/2004 s. 4(3).

(ea) to provide a regulatory framework to encourage the development of rental housing agencies serving the housing needs of low-income tenants by providing for the registration of those rental housing agencies and the regulation and monitoring of registered agencies;

(f) to promote security and variety of tenure;

S. 6(1)(g) amended by Nos 84/1996 s. 467(Sch. 6 item 8.2), 9/2013 s. 42(Sch. 2 item 11(2)).

(g) to seek the participation of tenants and other community groups in the management of public housing and non-distributing co‑operatives engaged in the provision of rental housing to their members;

(h) to promote consultation on major housing policy issues with all persons and groups of persons involved in housing;

(i) to monitor the house building and housing finance industries in both the public and private sectors and to assist those industries to achieve growth and stability;

S. 6(1)(j) amended by No. 26/1987 s. 3.

(j) to co-ordinate the provision of all necessary community services and amenities ancillary to public housing;

S. 6(1)(k) repealed by No. 20/1996 s. 4.

(l) to maximize employment opportunities in the housing sectors;

(m) to give due regard to the environmental impact of the activities of the public housing sector;

(n) to provide a safe and satisfying work environment for persons employed in the public housing sector; and

(o) to promote public awareness of the role and functions of the public housing sector.

(2) It is the intention of the Parliament that the provisions of this Act shall be interpreted so as to further the objects set out in subsection (1) and that every power, authority, discretion, jurisdiction and duty conferred or imposed by this Act shall be exercised and performed so as by design and intent to promote and achieve those objects.

Part II—Administration

Division 1—The Minister

S. 7 amended by Nos 10259 s. 9(1), 26/1987 s. 21.

7 Minister to have powers etc. under agreement

The Minister shall have the powers, authorities, functions and discretions and be subject to the duties conferred or imposed on the Minister by or under any agreement between the Commonwealth, the States and the Northern Territory of Australia relating to housing that is in force in respect of the State of Victoria.

8 Advisory committees

(1) The Minister may establish committees (in this section referred to as "advisory committees") consisting of such numbers of persons as the Minister thinks fit to advise the Minister on such matters as the Minister refers to the committees.

S. 8(2) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 100.1), 80/2006 s. 26(Sch. item 51.1).

(2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of an advisory committee in respect of the office of member.

(3) The Minister may at any time remove any member of an advisory committee from office.

S. 8(4) amended by No. 26/1987 s. 21.

(4) A member of an advisory committee may at any time resign that office in writing addressed to the Minister.

(5) Subject to subsection (6), the Minister shall determine the terms and conditions of the appointment of each member of an advisory committee.

(6) Each member shall receive such salary and allowance (if any) as may be determined from time to time for statutory appointees by the Governor in Council.

Pt 2 Div. 2 (Heading) amended by No. 40/2022 s. 28.

Division 2—The Chief Executive Officer, Homes Victoria

S. 9 (Heading) inserted by No. 40/2022 s. 19(1).

9 Chief Executive Officer, Homes Victoria

S. 9(1) amended by No. 40/2022 s. 19(2).

(1) There shall be a Chief Executive Officer, Homes Victoria to whom the following provisions shall apply—

S. 9(1)(a) amended by No. 40/2022 s. 19(2).

(a) the Chief Executive Officer, Homes Victoria—

(i) shall be appointed by the Governor in Council and may at any time be removed from office by the Governor in Council;

S. 9(1)(a)(ii) amended by Nos 26/1987 s. 21, 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 100.2), 80/2006 s. 26(Sch. item 51.2).

(ii) is in respect of that office subject to the Public Administration Act 2004 (other than Part 3 of that Act);

S. 9(1)(a)(iii) amended by No. 26/1987 s. 21.

(iii) subject to this Act, shall be entitled to hold office for the term (not exceeding seven years) for which he or she is appointed but shall be eligible for re‑appointment; and

(iv) shall hold office on such terms and conditions and be entitled to receive such salary and allowances as are from time to time fixed by the Governor in Council.

S. 9(1)(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3), 40/2022 s. 19(2)(3).

(b) where a person who is not an employee in the public service within the meaning of the Public Administration Act 2004 is appointed as Chief Executive Officer, Homes Victoria, a term or condition fixed by the Governor in Council under subsection (1)(a)(iv) may provide that—

S. 9(1)(b)(i) amended by No. 26/1987 s. 21.

(i) where that person is removed from office prior to the expiration of the term of appointment, he or she shall be entitled—

(A) to such compensation as is specified in the term or condition; or

S. 9(1)(b)(i)(B) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3).

(B) notwithstanding anything in the Public Administration Act 2004, to be employed in some position in the public service with such designation as is specified in the term or condition;

S. 9(1)(b)(ii) amended by Nos 26/1987 s. 21, 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3).

(ii) where that person is not appointed to a further term at the expiration of the term of appointment, he or she shall be entitled, despite anything in the Public Administration Act 2004, to be employed in some position in the public service with such designation as is specified in the term or condition;

S. 9(1)(c) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2).

(c) the Chief Executive Officer, Homes Victoria shall not, during his or her continuance in office, engage directly or indirectly in any paid employment outside the duties of that office without the consent of the Governor in Council;

S. 9(1)(d) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2).

(d) the Chief Executive Officer, Homes Victoria may resign that office by writing under his or her hand addressed to the Governor in Council;

S. 9(1)(e) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2).

(e) the office of Chief Executive Officer, Homes Victoria shall become vacant if the Chief Executive Officer, Homes Victoria becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, or compounds with his or her creditors or makes an assignment of remuneration for their benefit; and

S. 9(1)(f) amended by Nos 26/1987 s. 21, 50/1988 s. 93(2)(Sch. 2 Pt 2 item 24), 40/2022 s. 19(2).

(f) if the Chief Executive Officer, Homes Victoria was immediately prior to appointment an officer within the meaning of the State Superannuation Act 1988 or any corresponding previous enactment, he or she shall, notwithstanding that appointment, be deemed to continue to be an officer within the meaning of, and subject to, that Act.

S. 9(2) amended by Nos 26/1987 s. 21, 40/2022 s. 19(4).

(2) The Chief Executive Officer, Homes Victoria and the Chief Executive Officer's successors in office shall, subject to this Act, be a body corporate under the name of "Homes Victoria" and shall, by that name, have perpetual succession and a corporate seal and be capable in law of suing and being sued and of acquiring, holding and disposing of real and personal property and of doing and suffering all such acts and things as bodies corporate may by law do and suffer and that are necessary for or incidental to the purposes of this Act.

S. 9(2A) inserted by No. 40/2022 s. 19(5).

(2A) Homes Victoria consists of the Chief Executive Officer, Homes Victoria.

S. 9(3) amended by No. 40/2022 s. 19(6).

(3) For the purposes of this Act, Homes Victoria shall have and may exercise the powers, discretions, functions and authorities and shall discharge the duties conferred or imposed on it by or under this or any other Act.

S. 9(3A) inserted by No. 40/2022 s. 19(7).

(3A) The Minister, by direction published in the Government Gazette, may—

(a) confer functions on Homes Victoria; and

(b) vary the functions of Homes Victoria.

S. 9(4) amended by No. 40/2022 s. 19(8).

(4) Homes Victoria shall not, for the purposes of any Act, be regarded as representing the Crown in any capacity whatsoever.

S. 9(5) repealed by No. 46/1998 s. 7(Sch. 1).

S. 10 (Heading) inserted by No. 40/2022 s. 29(1).

10 Homes Victoria to be subject to the direction and control of Minister

S. 10(1) amended by No. 40/2022 s. 29(2).

(1) In the exercise of the powers, discretions, functions and authorities and in the discharge of the duties conferred or imposed upon Homes Victoria by or under this or any other Act, Homes Victoria shall be subject to the direction and control of the Minister.

S. 10(2) amended by No. 40/2022 s. 29(3).

(2) Homes Victoria shall furnish the Minister with such reports, documents, papers, minutes and other information as may be required by Parliament pursuant to any Act or pursuant to any order of either House of Parliament.

S. 10(3) amended by No. 40/2022 s. 29(4).

(3) Homes Victoria shall also provide the Minister with regular reports on all business of Homes Victoria and shall furnish the Minister with any information which the Minister may require.

11 Director to be successor to Housing Commission and Home Finance Trust

(1) In this section—

(a) appointed day means the day on which this Act comes into operation;

(b) Commission means the Housing Commission established by the Housing Act 1958; and

(c) Trust means the Home Finance Trust constituted under the Home Finance Act 1962.

(2) On the appointed day—

(a) all rights, property and assets that, immediately before that day, were vested in the Commission or the Trust are, by force of this subsection, vested in the Director;

(b) all debts, liabilities and obligations of the Commission or the Trust existing immediately before that day, become, by force of this subsection, debts, liabilities and obligations of the Director;

(c) the Director shall, by force of this subsection, be substituted as a party to any proceedings pending in any court to which the Commission or the Trust was a party immediately before that day;

(d) the Director shall, by force of this subsection, be substituted as a party to any arrangement or contract entered into by or on behalf of the Commission or the Trust as a party and in force immediately before that day; and

(e) any reference to the Commission or the Trust in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever shall, so far as it relates to any period after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the Director.

Pt 2 Div. 3 (Heading and ss 11A–11H) inserted by No. 40/2022 s. 20.

Division 3—Homes Victoria Advisory Board

S. 11A inserted by No. 40/2022 s. 20.

11A Homes Victoria Advisory Board

(1) The Homes Victoria Advisory Board is established.

(2) The Advisory Board must consist of no fewer than 5 members and no more than 11 members.

S. 11B inserted by No. 40/2022 s. 20.

11B Constitution of Advisory Board

The Advisory Board consists of—

(a) a Chair; and

(b) any other member appointed in accordance with this Division.

S. 11C inserted by No. 40/2022 s. 20.

11C Role and functions of Advisory Board

The role of the Advisory Board is to provide the Minister and the Chief Executive Officer, Homes Victoria with strategic advice in relation to the following—

(a) the long-term strategic direction of Homes Victoria, maximising outcomes from State housing properties, deployment of housing support services and key policy reforms;

(b) the financial performance and stability of Homes Victoria;

(c) strategic risks and opportunities and approaches to social housing and affordable housing;

(d) the corporate plan and performance indicators of Homes Victoria;

(e) any other matter referred to the Advisory Board by the Minister.

S. 11D inserted by No. 40/2022 s. 20.

11D Appointment of Advisory Board members

(1) The Minister, by instrument, may appoint the Chair and any other member of the Advisory Board.

(2) In appointing members of the Advisory Board, the Minister must have regard to—

(a) the mix of knowledge, skills and experience of members of the Advisory Board, including those pertaining to—

(i) social housing and affordable housing; and

(ii) construction, property and infrastructure development; and

(iii) finance, audit and risk; and

(iv) community sector leadership and management; and

(v) architecture and planning; and

(b) the diversity of members of the Advisory Board, including gender, disability and sexuality.

(3) In appointing members of the Advisory Board, the Minister must ensure that Aboriginal persons are represented.

(4) The appointment of a member of the Advisory Board under subsection (1)—

(a) is for a term, not exceeding 2 years, specified in the instrument of appointment; and

(b) is on the terms and conditions that are specified in the instrument of appointment.

(5) Subject to a performance assessment by the Minister, the Chair of the Advisory Board is eligible to be reappointed for a maximum of 3 consecutive 2 year terms.

(6) Subject to a performance assessment by the Chair and on the approval of the Minister, a member of the Advisory Board, other than the Chair, is eligible to be reappointed for a maximum of 3 consecutive 2 year terms.

S. 11E inserted by No. 40/2022 s. 20.

11E Vacancy and removal from Advisory Board

The Minister may remove a member from the Advisory Board.

S. 11F inserted by No. 40/2022 s. 20.

11F Resignation

A member of the Advisory Board may resign by notice in writing delivered to the Minister.

S. 11G inserted by No. 40/2022 s. 20.

11G Meetings of Advisory Board

(1) Meetings of the Advisory Board must be held at the time and places and conducted in the form the Advisory Board determines appropriate.

(2) The Advisory Board must ensure that minutes are kept of each meeting.

S. 11H inserted by No. 40/2022 s. 20.

11H Advisory Board must provide forward plan to Minister

(1) The Advisory Board must prepare a forward plan for each financial year after the commencement of this section.

(2) The Advisory Board must give a copy of the proposed forward plan to the Minister before the financial year to which the forward plan relates.

(3) The Minister may approve a forward plan.

S. 12 amended by No. 26/1987 s. 21, repealed by No. 75/1994 s. 15.

Pt 3 (Heading) amended by No. 40/2022 s. 30.

Part III—Powers of Homes Victoria as to property

S. 13 amended by No. 40/2022 s. 31(1).

13 Ministerial control

Without derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.

14 Power to acquire and dispose of land

S. 14(1) amended by No. 40/2022 s. 31(2)(a).

(a) except as otherwise provided by this section, purchase or compulsorily acquire any land;

S. 14(1)(b) amended by No. 46/1998 s. 7(Sch. 1).

(b) with the consent of the Minister administering the Crown Land (Reserves) Act 1978, purchase or acquire any Crown land;

S. 14(1)(c) amended by No. 12/1989 s. 4(1)(Sch. 2 item 61.2).

(c) purchase or acquire from a municipal council or public statutory corporation any land vested in the municipal council or corporation other than land reserved under section 4 of the Crown Land (Reserves) Act 1978;

S. 14(1)(d) amended by No. 40/2022 s. 31(2)(b).

(d) upon such terms and conditions and subject to such restrictions, exceptions and reservations as Homes Victoria thinks fit, exchange any land of Homes Victoria (other than land granted to Homes Victoria by the Crown without consideration) for any other land and give or receive consideration in respect of that exchange;

S. 14(1)(e) amended by No. 40/2022 s. 31(2)(b).

(e) sell to any person any land vested in Homes Victoria on such terms and conditions (including terms and conditions as to repayment or the use or development of the land or any part thereof) as Homes Victoria thinks fit;

S. 14(1)(f) amended by No. 40/2022 s. 31(2)(b).

(f) make grants of any land vested in Homes Victoria free of consideration to any person and subject to such terms and conditions as Homes Victoria thinks fit;

S. 14(1)(g) amended by Nos 109/1997 s. 533(Sch. 2 item 4.1(a)), 40/2022 s. 31(2)(b).

(g) subject to the Residential Tenancies Act 1997, lease any land vested in Homes Victoria to any person of not less than fifteen years of age or to any body corporate for such period and on such terms and conditions as Homes Victoria thinks fit;

S. 14(1)(h) amended by Nos 109/1997 s. 533(Sch. 2 item 4.1(b)), 40/2022 s. 31(2)(b).

(h) subject to the Residential Tenancies Act 1997, sub-lease any land in respect of which Homes Victoria has a leasehold interest to any person of not less than fifteen years of age or to any body corporate in accordance with the terms of the head lease; and

(i) buy and sell mortgages.

(2) Part I of Schedule 2 has effect for the purposes of this section.

15 Power to develop and manage land

S. 15(1) amended by No. 40/2022 s. 31(3)(a).

(1) Homes Victoria may for the purposes of this Act and for all purposes ancillary to those purposes—

S. 15(1)(a) amended by Nos 106/2004 s. 7(2)(a), 40/2022 s. 31(3)(b).

(a) develop any land which is vested in Homes Victoria or in respect of which Homes Victoria has a leasehold estate; and

S. 15(1)(b) amended by Nos 106/2004 s. 7(2)(b), 40/2022 s. 31(3)(b).

(b) generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of Homes Victoria; and

(c) maintain and repair and generally control, manage or use any houses and buildings situated on any such land as is referred to in paragraph (b); and

S. 15(1)(ca) inserted by No. 106/2004 s. 7(1), amended by No. 40/2022 s. 31(3)(b).

(ca) at the request of the Secretary, and on terms and conditions agreed between Homes Victoria and the Secretary—

(i) develop any land which is vested in the Secretary or in respect of which the Secretary has a leasehold estate;

(ii) generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of the Secretary;

(iii) maintain and repair and generally control, manage or use any houses and buildings situated on land referred to in subparagraph (ii); and

S. 15(1)(cb) inserted by No. 106/2004 s. 7(1), amended by No. 40/2022 s. 31(3)(b).

(cb) at the request of a registered agency, and on terms and conditions agreed between Homes Victoria and the registered agency—

(i) develop any land which is vested in the agency or in respect of which the agency has a leasehold estate;

(ii) generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of the agency;

(iii) maintain and repair and generally control, manage or use any houses and buildings situated on land referred to in subparagraph (ii); and

S. 15(1)(d) amended by No. 12/1989 s. 4(1)(Sch. 2 item 61.3).

(d) with the consent of the Governor in Council and at the request and on behalf of, or in association with, and at the expense of the Commonwealth or the State of Victoria or any public department or authority of the Commonwealth or the State of Victoria or any municipal council—

S. 15(1)(d)(i) amended by No. 40/2022 s. 31(3)(b).

(i) develop any land whether or not it is vested in Homes Victoria;

(ii) generally control, manage or use any such land; and

(iii) maintain and repair and generally control, manage or use any houses and buildings situated on any such land.

(2) In subsection (1) the words for all purposes ancillary to those purposes include the provision of all necessary community services and amenities.

16 Power to create and extinguish easements etc.

S. 16(1) amended by No. 40/2022 s. 31(4)(a).

S. 16(1)(a) amended by No. 40/2022 s. 31(4)(b).

(a) grant to or create in favour of any person any easement over land vested in Homes Victoria for such payment and on such terms and conditions as Homes Victoria thinks fit; and

S. 16(1)(b) amended by No. 40/2022 s. 31(4)(b).

(b) where Homes Victoria is of the opinion that, for the proper planning and development of any area in which Homes Victoria has developed, or is developing, land, it is expedient that any street or any part of a street should be closed or that any easement or restrictive covenant should be extinguished, Homes Victoria may, subject to Part II of Schedule 2, recommend to the Governor in Council that such street or part thereof be closed or that such easement or restrictive covenant be extinguished and the Governor in Council may by Order close such street or part thereof or extinguish such easement or restrictive covenant.

S. 16(2) amended by No. 40/2022 s. 31(5)(b).

(2) Notwithstanding paragraph (a) of subsection (1), in any case where—

S. 16(2)(a) amended by No. 40/2022 s. 31(5)(a).

(a) by reason of the acquisition of any land by Homes Victoria or the vesting of any land in Homes Victoria or the operation of any Order of the Governor in Council made pursuant to this Act, it is desirable that an easement of way or of drainage or for the supply of water, gas or electricity or for sewerage services or for underground telephone services should be created appurtenant to any land not acquired by or vested in Homes Victoria (which land is hereunder called the "dominant tenement") whether or not such easement would be in substitution for any express or implied easement which is extinguished; and

S. 16(2)(b) amended by No. 40/2022 s. 31(5)(a).

(b) Homes Victoria certifies that provision exists or will be made for means of way or of drainage or for any such supply or services as is mentioned in paragraph (a) (as the case requires) on, over or under any land vested in Homes Victoria and in respect of which a plan of subdivision is lodged with the Registrar of Titles under section 97 of the Transfer of Land Act 1958—

then without any further or other authority than this subsection an easement of way or of drainage or for such supply or services as is mentioned in paragraph (a) (as the case requires), so far as is necessary for the reasonable enjoyment of the dominant tenement, shall on and from the deposit of Homes Victoria's certificate with the Registrar of Titles be deemed to exist in favour of and appurtenant to the dominant tenement on, over or under the land appropriated or set apart for the appropriate purpose on that plan of subdivision.

S. 16(3) amended by Nos 26/1987 s. 4, 53/1988 s. 45(Sch. 3 item 20) (as amended by No. 47/1989 s. 23(2)).

(3) Where any dominant tenement referred to in subsection (2) lies within or abuts on the boundaries of the land subdivided and to which the deposited plan relates, that dominant tenement may be numbered consecutively with the allotment or lot in that subdivision as though it were included therein and for the purposes of section 97(4) of the Transfer of Land Act 1958 shall be deemed to be an allotment in that subdivision.

S. 16(4) amended by No. 40/2022 s. 31(6).

(4) On the publication of any Order closing a street or part thereof under paragraph (b) of subsection (1) such street or part thereof (whether it is the property of the Crown or not) shall cease to be a street and thereupon all rights and interests existing or claimed as regards the land comprised therein either by the public or any person or body of persons shall cease and determine and the land shall be vested in Homes Victoria freed and discharged from all trusts, encumbrances, limitations or restrictions whatsoever.

(5) On the publication of any Order extinguishing an easement or restrictive covenant under paragraph (b) of subsection (1) such easement or restrictive covenant shall cease and determine.

S. 16(6) amended by No. 40/2022 s. 31(7).

(6) Subject to subsection (2), any owner of land who is substantially affected by the carrying into effect of a recommendation of Homes Victoria made under paragraph (b) of subsection (1) shall be entitled to such compensation as is agreed between Homes Victoria and that owner or in default of agreement as is determined under Part XLIV of the Local Government Act 1958 and that Part shall with such adaptations as are necessary extend and apply for the purposes of this section.

(7) Part II of Schedule 2 has effect for the purposes of this section.

17 Power to accept donations etc.

S. 17(1) amended by No. 40/2022 s. 31(8).

(a) subject to paragraph (b), accept any absolute donation, gift, devise or bequest of real or personal property; or

(b) with the consent of the Governor in Council, accept any donation, gift, devise or bequest of real or personal property subject to any trust the objects of which are not substantially different from those of this Act and carry out and give effect to the objects of any such trust.

(2) Part III of Schedule 2 has effect for the purposes of this section.

18 Provision of movable units

S. 18(1) amended by Nos 26/1987 s. 5(1), 40/2022 s. 31(9).

(1) Homes Victoria may for the purposes of this Act enter into an agreement with any person for the sale or letting out on hire to that person of a movable unit on such terms and conditions as Homes Victoria thinks fit.

S. 18(2) amended by No. 40/2022 s. 31(10).

(2) For the purposes of this section Homes Victoria may purchase, acquire or manufacture movable units.

S. 18(3) amended by Nos 26/1987 ss 5(2)(a)(b), 21, 109/1997 s. 533(Sch. 2 item 4.2(a)(b)), 45/2018 s. 375(1), 40/2022 s. 31(11).

(3) Where any person is accommodated in a movable unit owned by Homes Victoria after a hiring agreement is determined, Homes Victoria may give notice in writing to the person requiring him or her to yield up possession of the unit and Part 7 of the Residential Tenancies Act 1997 shall apply to and in relation to any person served with a notice under this subsection as if such notice were a notice to vacate under section 91ZZC of the Residential Tenancies Act 1997.

S. 18(3A) inserted by No. 26/1987 s. 5(3), amended by No. 40/2022 s. 31(12).

(3A) For the purpose of inspecting or removing a movable unit owned by Homes Victoria after a hiring agreement is determined, a person authorised in that behalf by Homes Victoria has power to enter at any reasonable time the land on which the unit is situated and the unit itself.

S. 18(4) amended by No. 40/2022 s. 31(13).

(4) It shall be an offence to hinder or obstruct any person removing a movable unit owned by Homes Victoria from any land if that person is duly authorized by Homes Victoria in that behalf.

1. 2 penalty units.

(5) Part IV of Schedule 2 has effect for the purposes of this section.

Pt 4 (Heading) amended by No. 40/2022 s. 32.

Part IV—Powers of Homes Victoria as to finance

Division 1—General

S. 19 amended by No. 40/2022 s. 33(1).

19 Ministerial control

Without derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.

20 Power to borrow money

S. 20(1) amended by No. 26/1987 s. 21, substituted by No. 99/1993 s. 16(1), amended by No. 40/2022 s. 33(2).

(1) Homes Victoria may obtain financial accommodation subject to and in accordance with the Borrowing and Investment Powers Act 1987[1].

S. 20(2) repealed by No. 99/1993 s. 16(1).[2]

S. 20(3) inserted by No. 26/1987 s. 6, amended by Nos 99/1993 s. 16(2), 40/2022 s. 33(3).

(3) Without limiting the generality of subsection (1), Homes Victoria may[3]—

S. 20(3)(a) amended by No. 40/2022 s. 33(3).

(a) contract with a corporation that is declared to be a recognised institution under section 3A(4) of the Trustee Act 1958, in respect of mortgages in which Homes Victoria has an interest; and

(b) for the purpose of performing or facilitating the performance of such a contract, enter into any other contract or arrangement with any person.

S. 21 amended by No. 40/2022 s. 33(4).

21 Power to lend money

For the purposes of this Act Homes Victoria may lend to any person such sums of money as Homes Victoria thinks fit and any such loans may be on such security (if any) and on such terms and conditions as Homes Victoria thinks fit.

22 Investment of surplus funds[[4]](#endnote-5)

S. 22(1) substituted by No. 99/1993 s. 16(3), amended by No. 40/2022 s. 33(5).

(1) Homes Victoria may invest money standing to the credit of the general fund in accordance with powers conferred on Homes Victoria by the Borrowing and Investment Powers Act 1987[5].

S. 22(2) repealed by No. 18/1994 s. 66(Sch. 2 item 8(b)).

S. 23 amended by Nos 26/1987 s. 7, 40/2022 s. 33(6).

23 Death and disability benefits

For the purposes of this Act Homes Victoria may agree with a purchaser or mortgagor to forgo the payment of the whole or any part of the balance of the purchase or mortgage money that may be owing to Homes Victoria on the death or disability of the purchaser or mortgagor.

24 Power to make grants of money

S. 24(1) amended by No. 40/2022 s. 33(7).

(1) For the purposes of this Act Homes Victoria may, on such terms and conditions and for such periods as it thinks fit, make grants of money to any person.

S. 24(2) amended by No. 40/2022 s. 33(8).

(2) Without limiting the generality of subsection (1), Homes Victoria may make grants of money to any person for any of the following purposes—

(a) the reduction in rental payments owed by that person to any other person;

(b) the reduction in payments of money owed by that person to any other person under any contract of sale or under any mortgage;

(c) the provision of services relating to housing by any person;

(d) the carrying out of research relating to housing by any person; and

(e) to assist the establishment and operation of any housing or housing finance scheme carried on by any person.

S. 24(3) inserted by No. 106/2004 s. 8, amended by No. 40/2022 s. 33(9).

(3) Nothing in this section requires Homes Victoria to make a grant of money to any person even if Homes Victoria has previously made a grant of money to that person under this section.

25 The general fund

S. 25(1) amended by No. 40/2022 s. 33(10).

(1) Homes Victoria shall maintain a fund to be called the "general fund".

S. 25(2) amended by No. 40/2022 s. 33(11).

(2) All moneys whatever received by Homes Victoria (including moneys raised by loan under this Act) shall be carried to the credit of the general fund.

S. 25(3) substituted by No. 40/2022 s. 21(1).

(3) Homes Victoria may pay money out of the general fund—

(a) to pay any amounts payable by Homes Victoria (other than money to be paid out of a project fund in relation to a Homes Victoria development project)—

(i) in carrying out the objects of this Act; and

(ii) in the exercising of its functions under this Act; and

(b) for any other purposes authorised by this Act.

S. 25(4) amended by Nos 11/2001 s. 3(Sch. item 36), 40/2022 s. 33(12).

(4) Homes Victoria shall keep such accounts with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth as are approved by the Treasurer and shall pay into these accounts all moneys received by Homes Victoria.

S. 25(5) inserted by No. 40/2022 s. 21(2).

(5) Homes Victoria may pay out of an account kept under subsection (4) any amounts for the purposes referred to in subsection (3).

S. 26 amended by No. 26/1987 s. 21, repealed by No. 99/1993 s. 16(4),
new s. 26 inserted by No. 40/2022 s. 22.[6]

26 Project funds

(1) With the written approval of the Treasurer, Homes Victoria may establish and keep one or more project funds for the purposes of a Homes Victoria development project.

(2) There may be paid into a project fund—

(a) all money received by Homes Victoria, or on its behalf, in respect of, or in connection with, the carrying out of its functions under this Act or any other Act relating to a Homes Victoria development project; and

(b) all income from the investment of money in a project fund and the proceeds of sale of any investment; and

(c) any money directed or approved by the Minister or the Treasurer to be paid into a project fund; and

(d) all other money that Homes Victoria receives for payment, or is permitted to be paid, into a project fund.

(3) Homes Victoria may pay money out of a project fund—

(a) to pay any amounts payable by Homes Victoria in respect of Homes Victoria's functions under this Act or any other Act relating to a Homes Victoria development project; and

(b) to pay any costs and expenses incurred by Homes Victoria in relation to its functions under this Act or any other Act relating to a Homes Victoria development project; and

(c) to repay any amount borrowed by Homes Victoria under this Act for any purpose relating to a Homes Victoria development project together with any charges or interest on that amount; and

(d) to pay any amount to be paid into another project fund on the written approval of the Treasurer; and

(e) for any other purpose authorised by or under this Act or any other Act.

S. 26A (Heading) inserted by No. 40/2022 s. 23(1).

S. 26A inserted by No. 26/1987 s. 8.

26A Guarantee, indemnity and security by Homes Victoria[[7]](#endnote-8)

S. 26A(1) amended by Nos 99/1993 s. 16(5), 40/2022 s. 33(13).

(1) Homes Victoria may, with the approval of the Treasurer, execute a guarantee in favour of any person approved by Homes Victoria guaranteeing the repayment of any amount.

S. 26A(2) amended by No. 40/2022 s. 33(14).

(2) Homes Victoria may, with the approval of the Treasurer, provide an indemnity in favour of any person, and in respect of any liability, approved by Homes Victoria, whether or not that liability is incurred in the carrying out of the objects of this Act or in achieving its purposes.

S. 26A(2A) inserted by No. 40/2022 s. 23(2).

(2A) With the approval of the Treasurer, Homes Victoria may grant security over the real and personal property (including any present, future, tangible or intangible property or assets and any right, interest, revenue or benefit in, under or derived from that property or asset) of, or the shares, debentures, securities or units Homes Victoria holds in, an entity that Homes Victoria has formed, participated or invested in under section 32A.

S. 26A(3) amended by Nos 40/2022 s. 23(3), 6/2023 s. 3(Sch. 1 item 3.1).

(3) A guarantee executed, an indemnity provided or a security granted by Homes Victoria under subsection (1), (2) or (2A) is subject to any terms and conditions that Homes Victoria thinks appropriate.

(4) Any amounts that from time to time become due and payable under a guarantee or an indemnity authorized by this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).

S. 27 (Heading) inserted by No. 40/2022 s. 33(22).

27 Preparation of annual budgets by Homes Victoria

S. 27(1) amended by No. 40/2022 s. 33(15).

(1) Before such date as may be fixed by the Minister, Homes Victoria shall submit to the Minister an operating budget and a capital works budget for the relevant financial year.

S. 27(2) amended by No. 46/1998 s. 7(Sch. 1).

(2) The budgets shall be in such form and contain such matter as is required by the Minister after consultation with the Minister administering Part 7 of the Financial Management Act 1994.

S. 27(3) amended by Nos 26/1987 s. 21, 40/2022 s. 33(16).

(3) The Minister shall consider the budgets submitted by Homes Victoria and shall, as soon as practicable, advise Homes Victoria as to whether the Minister approves the budgets or approves the budgets as amended by the Minister.

S. 27(4) amended by No. 40/2022 s. 33(17).

(4) Homes Victoria shall operate within the budgets as approved by the Minister for Homes Victoria for the relevant year.

S. 27(5) amended by Nos 26/1987 s. 21, 40/2022 s. 33(18).

(5) Where, during the course of a financial year, a change has occurred in the budgetary situation of Homes Victoria which, in the view of Homes Victoria or of the Minister is judged to be a significant change, or where the Minister deems it necessary, Homes Victoria shall submit to the Minister on Homes Victoria's own initiative or at the Minister's direction, a revised budget for the remainder of the year and the Minister shall consider that revised budget and shall, as soon as practicable, advise Homes Victoria as to whether the Minister approves the revised budget or approves a revised budget as amended by the Minister.

S. 27(6) amended by No. 40/2022 s. 33(19).

(6) Homes Victoria shall operate within the revised budget, if any, from the date that the revised budget is approved by the Minister for the remainder of the financial year.

S. 27(7) amended by No. 40/2022 s. 33(20).

(7) Homes Victoria shall provide to the Minister, in such form and containing such matter and within such time or times as the Minister directs, such information as the Minister may request from time to time relating to the budgetary position, finances, cash position, manpower position or other factors relevant to Homes Victoria's operations or capital works programme for the year or for any ensuing year or years.

S. 27(8) amended by No. 26/1987 s. 21.

(8) Before the Minister approves any budget or revised budget pursuant to this section, the Minister shall—

S. 27(8)(a) amended by Nos 26/1987 s. 21, 40/2022 s. 33(21).

(a) submit the budget the Minister proposes to approve for Homes Victoria for the whole financial year to the Treasurer for the Treasurer's consideration and approval; and

(b) submit to the Treasurer any proposed revised budget for a portion of a financial year for the Treasurer's consideration and approval.

S. 28 amended by No. 26/1987
s. 21, repealed by No. 93/1997 s. 28(Sch. item 16).

Pt 4 Div. 2 (Heading) substituted by No. 10259 s. 9(2).

Division 2—Commonwealth–State–Northern Territory Housing Agreements

S. 28A inserted by No. 10259 s. 4.

28A Definitions

In this Division—

1981 Agreement means the Commonwealth–State–Northern Territory Housing Agreement 1981, a copy of which is set out in Schedule 3;

1984 Agreement means the Agreement between the Commonwealth of Australia, the States and the Northern Territory relating to Housing (1984–1993), a copy of which is set out in Schedule 3A.

29 Ratification of Commonwealth–State–Northern Territory Housing Agreement 1981

S. 29(1) amended by No. 10259 s. 9(3).

(1) The execution on 23 December 1981 by the then Premier of the State of Victoria for and on behalf of the State of Victoria of the 1981 Agreement is hereby ratified and the 1981 Agreement is hereby approved.

(2) Schedule 4 has effect with respect to the agreements referred to in clause 1 of that Schedule.

S. 29A inserted by No. 10259 s. 5.

29A Ratification of 1984 Agreement

The execution on 12 March 1985 by the Premier of the State of Victoria for and on behalf of the State of Victoria of the 1984 Agreement is hereby ratified and the 1984 Agreement is hereby approved.

S. 30 (Heading) inserted by No. 40/2022 s. 34(1).

S. 30 amended by No. 10259 ss 6(a), 9(3).

30 Homes Victoria appointed agent for performance of Agreement

S. 30(1) amended by No. 40/2022 s. 34(2).

(1) In accordance with clause 43 of the 1981 Agreement, Homes Victoria is hereby appointed the agency for the performance of the 1981 Agreement on behalf of the State of Victoria.

S. 30(2) inserted by No. 10259 s. 6(b), amended by No. 40/2022 s. 34(3).

(2) In accordance with clause 39 of the 1984 Agreement, Homes Victoria is hereby appointed the agency for the performance of the 1984 Agreement on behalf of the State of Victoria.

S. 31 (Heading) inserted by No. 40/2022 s. 34(4).

31 Payment of money to Homes Victoria

S. 31(1) amended by Nos 10259 ss 7(a), 9(3), 40/2022 s. 34(5).

(1) All money advanced to the State of Victoria by the Commonwealth under the 1981 Agreement or the 1984 Agreement shall be paid to Homes Victoria who shall have the supervision and control of that money.

S. 31(2) amended by Nos 10259 ss 7(b), 9(3), 26/1987 s. 21, 40/2022 s. 34(6).

(2) Homes Victoria shall cause to be kept in Homes Victoria's books of account an account to be called the Home Purchase Assistance Account into which shall be paid all money advanced to the State of Victoria by the Commonwealth under Part IX of the 1981 Agreement or Part IX of the 1984 Agreement.

S. 31(3) amended by Nos 10259 s. 9(3), 40/2022 s. 34(7).

(3) Homes Victoria is hereby declared to be a lending authority of the State approved by the Minister for the purposes of clause 25(1)(d)(ii) of the 1981 Agreement.

S. 31(3A) inserted by No. 10259 s. 7(c), amended by No. 40/2022 s. 34(8).

(3A) Homes Victoria is hereby declared to be a lending authority of the State approved by the Minister for the purposes of clause 26(1)(d)(ii) of the 1984 Agreement.

S. 31(4) amended by No. 10259 ss 7(d), 9(3).

(4) All money which is or may become payable by the State of Victoria to the Commonwealth of Australia under the 1981 Agreement or the 1984 Agreement shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).

Part V—General

Pt 5 Div. 1 (Heading) amended by No. 40/2022 s. 35.

Division 1—Other powers of Homes Victoria

S. 32 amended by No. 40/2022 s. 36(1).

32 Ministerial control

Without derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.

S. 32A inserted by No. 40/2022 s. 24.

32A Homes Victoria may enter into joint ventures etc.

With the approval of the Minister and the Treasurer, Homes Victoria may do any or all of the following—

(a) form, or participate in the formation of, a corporation, trust, joint venture, partnership or other body, including a non-profit body (a Homes Victoria subsidiary);

(b) subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;

(c) become a member of a company limited by guarantee;

(d) subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;

(e) act as a trustee or manager of a trust or other investment interest and authorise any subsidiaries of Homes Victoria to act as a trustee or manager of a trust or other investment interest;

(f) acquire and hold and dispose of an interest in a partnership or other body or arrangement;

(g) enter into any contract or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.

S. 32B inserted by No. 40/2022 s. 24.

32B Powers of Homes Victoria subsidiaries

(1) Without limiting any other powers of a Homes Victoria subsidiary under this Act or any other Act or law, a Homes Victoria subsidiary may do all things that are necessary or convenient to be done for or in connection with, or incidental to, a Homes Victoria development project (including as the delegate of Homes Victoria).

(2) For the purposes of subsection (1), a Homes Victoria subsidiary may do any one or more of the following—

(a) acquire, hold, lease, license and dispose of real or personal property;

(b) enter into agreements and arrangements, and do all things necessary or convenient to be done to give effect to the agreements and arrangements;

(c) employ persons as necessary;

(d) act as an agent for another person or body;

(e) engage consultants, contractors or agents;

(f) do and suffer all acts and things that a person may by law do and suffer.

S. 33 (Heading) inserted by No. 40/2022 s. 36(2).

33 Homes Victoria may enter into agreements

S. 33(1) amended by No. 40/2022 s. 36(3).

(1) For the purposes of this Act and save as otherwise provided in subsection (2), Homes Victoria may enter into an agreement with any person or body corporate on such terms and conditions as Homes Victoria thinks fit.

(2) Where an agreement under subsection (1) relates to the provision of services, the agreement shall be subject to any conditions that may be imposed by the Governor in Council from time to time.

S. 33(3) amended by No. 40/2022 s. 36(4).

(3) Save with the approval of the Minister, Homes Victoria shall not enter into any agreement under subsection (1) where the sum of money required to be expended by Homes Victoria under that agreement in any one financial year exceeds the sum which is, from time to time, determined by the Minister.

34 Agreements with municipal councils, regional housing councils and non-trading co‑operative

S. 34(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 61.4), 84/1996 s. 467(Sch. 6 item 8.3), 40/2022 s. 36(5).

(1) For the purposes of this Act, Homes Victoria may enter into an arrangement or agreement with a municipal council, a regional housing council (which has been recognized by the Minister and is incorporated under any Act) or a non-trading co‑operative, whereby the municipal council, council or co-operative shall carry out any works, perform any functions or provide any services which Homes Victoria has power to carry out, perform or provide under this Act and such arrangement or agreement shall be on such terms and conditions as are agreed upon between the parties.

(2) Without limiting the generality of subsection (1), an arrangement or an agreement under this section may provide for—

S. 34(2)(a) amended by No. 40/2022 s. 36(6).

(a) the whole or any part of the cost of carrying out the arrangement or agreement, including the cost of purchasing any land required therefor, to be paid by Homes Victoria;

S. 34(2)(b) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 61.5), 84/1996 s. 467(Sch. 6 item 8.3), 40/2022 s. 36(6).

(b) the transfer of any land for the purposes of carrying out the arrangement or agreement from Homes Victoria to the municipal council, regional housing council or non‑trading co-operative;

S. 34(2)(c) amended by No. 40/2022 s. 36(6).

(c) a loan to be made by Homes Victoria to meet the whole or any part of the cost of carrying out the arrangement or agreement, including the cost of purchasing any land required therefor; or

S. 34(2)(d) amended by No. 40/2022 s. 36(6).

(d) Homes Victoria to pay the costs of providing any service during a specified period.

S. 34(3) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 61.6), 84/1996 s. 467(Sch. 6 item 8.3), 40/2022 s. 36(7).

(3) Any municipal council, regional housing council or non-trading co-operative is hereby authorized and empowered to enter into arrangements or agreements for the purposes of this Act with Homes Victoria and may do or suffer any thing necessary or expedient for carrying any such arrangement or agreement into effect.

S. 34(4) amended by No. 40/2022 s. 36(8).

(4) With the prior approval of the Minister, Homes Victoria may enter into an arrangement or agreement of the kind referred to in subsection (1) with any body of persons where a substantial number of those persons are occupiers of houses owned or leased by Homes Victoria.

35 Delegation

S. 35(1) substituted by No. 106/2004 s. 9, amended by Nos 75/2016 s. 10(1), 40/2022 s. 25(1), 36(9).

(1) With the prior approval of the Minister, Homes Victoria may delegate to any employee of the Department or to any other person or body any of the powers, discretions, functions or authorities of Homes Victoria under this or any other Act, including, subject to subsection (7), this power of delegation.

S. 35(1A) inserted by No. 106/2004 s. 9, repealed by No. 75/2016 s. 10(2).

(2) A delegate shall not exercise any power, discretion, function or authority delegated under this section until the Minister has approved the instrument of delegation concerned.

S. 35(3) amended by Nos 26/1987 s. 21, 40/2022 s. 36(10).

(3) Where the exercise or performance by Homes Victoria of a power, discretion, function or authority is dependent upon the opinion, belief or state of mind of Homes Victoria in relation to a matter and the power, discretion, function or authority is delegated under this section, the delegate may, unless the contrary intention appears, exercise or perform the power, discretion, function or authority upon his or her own opinion, belief or state of mind (as the case may require) in relation to the matter.

S. 35(4) amended by No. 26/1987 s. 21.

(4) Where the Minister has approved an instrument of delegation under subsection (2), the Minister may subsequently withdraw that approval and the delegation shall thereupon be revoked but that revocation shall not affect in any way anything lawfully done under the delegated authority.

S. 35(5) amended by No. 40/2022 s. 36(11).

(5) A delegation under this section may at any time be revoked by Homes Victoria, in whole or in part, but that revocation shall not affect in any way anything lawfully done under the delegated authority.

S. 35(6) amended by Nos 26/1987 s. 21, 40/2022 s. 36(12).

(6) A delegation under this section does not prevent the exercise or performance by Homes Victoria of any of the powers, discretions, functions and authorities conferred on Homes Victoria by or under this Act.

S. 35(7) inserted by No. 40/2022 s. 25(2).

(7) With the approval of the Minister, a delegate of a power, discretion, function or authority under subsection (1), subject to any conditions to which the delegation is subject, by instrument may subdelegate that power, discretion, function or authority to any other person or persons or body if the instrument of delegation authorises its subdelegation.

S. 35(8) inserted by No. 40/2022 s. 25(2).

(8) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a subdelegation under subsection (7) as if it were a delegation.

S. 36 amended by No. 40/2022 s. 36(13).

36 Parking of vehicles

Schedule 5 shall have effect with respect to the parking of vehicles on any land vested in or held under lease by Homes Victoria.

S. 36A inserted by No. 26/1987 s. 9.

36A Insurance[[8]](#endnote-9)

S. 36A(1) amended by No. 40/2022 s. 36(14).

(1) Homes Victoria may require the purchaser, mortgagor or owner of any land that is included in a contract of sale or a mortgage or other security held by Homes Victoria to insure the land and, while any money remains payable to Homes Victoria by that person, keep it insured against any loss or damage, and for any amount, that Homes Victoria determines.

S. 36A(2) amended by No. 40/2022 s. 36(15).

(2) Homes Victoria may contract with the purchaser, mortgagor or owner for the insurance of the land, on any terms and conditions that Homes Victoria thinks appropriate.

S. 36A(3) amended by No. 40/2022 s. 36(16).

(3) Homes Victoria's power to undertake insurance extends to undertaking insurance of any land that has been proposed in an application to Homes Victoria as security for a mortgage or other advance or loan.

S. 36A(4) amended by No. 40/2022 s. 36(17)(a).

(4) Homes Victoria may require the insurance to be effected—

S. 36A(4)(a) amended by No. 40/2022 s. 36(17)(b).

(a) with Homes Victoria; or

S. 36A(4)(b) amended by No. 40/2022 s. 36(17)(b).

(b) with an insurer approved by Homes Victoria.

S. 36A(5) amended by No. 40/2022 s. 36(18).

(5) If the insurance is effected other than with Homes Victoria, the purchaser, mortgagor or owner must, immediately after the policy is issued, deliver the policy to Homes Victoria.

S. 36A(6) amended by No. 40/2022 s. 36(19).

(6) Homes Victoria must return the policy to the owner, mortgagor or purchaser immediately after all money due to Homes Victoria under the contract of sale or mortgage or other security has been paid.

S. 36A(7) amended by No. 40/2022 s. 36(20).

(7) Homes Victoria may re-insure any risk insured by Homes Victoria, on any terms and conditions that Homes Victoria thinks appropriate, with any person or body carrying on the business of insurance in the State.

(8) For the purposes of this section—

S. 36A(8)(a) amended by Nos 20/2019 s. 179(a), 40/2022 s. 36(21).

(a) Homes Victoria is not an insurance company within the meaning of the Fire Rescue Victoria Act 1958 and the Country Fire Authority Act 1958; and

S. 36A(8)(b) amended by No. 40/2022 s. 36(21).

(b) any land insured with Homes Victoria under this section is uninsured within the meaning of those Acts; and

S. 36A(8)(c) amended by Nos 20/2019 s. 179(b), 40/2022 s. 36(21).

(c) Homes Victoria must pay any expenses and charges incurred by a fire brigade of Fire Rescue Victoria or of the Country Fire Authority in attending a fire on land insured with Homes Victoria.

Division 2—Enforcement and miscellaneous provisions

37 Execution of documents

S. 37(1) amended by No. 40/2022 s. 37(1).

(1) Where it is required that Homes Victoria give or issue any notice, declaration, certificate, direction or order or execute any document, this shall be done—

S. 37(1)(a) amended by Nos 26/1987 s. 21, 40/2022 s. 37(1), 6/2023 s. 3(Sch. 1 item 3.2(a)).

(a) under the corporate seal of Homes Victoria affixed by the Chief Executive Officer, Homes Victoria who shall attest by his or her signature the fact and date of the affixing of the seal;

S. 37(1)(b) amended by Nos 26/1987 s. 21, 106/2004 s. 10(1), 40/2022 s. 37(1).

(b) under the corporate seal of Homes Victoria affixed by a person to whom for the time being Homes Victoria has delegated power for the purpose and who shall attest by his or her signature the fact and date of the affixing of the seal; or

S. 37(1)(c) amended by Nos 106/2004 s. 10(1), 40/2022 s. 37(1), 6/2023 s. 3(Sch. 1 item 3.2(b)).

(c) under the signature of the Chief Executive Officer, Homes Victoria or of a person to whom for the time being Homes Victoria has delegated power for the purpose.

(2) All courts and persons acting judicially—

S. 37(2)(a) amended by No. 40/2022 s. 37(2).

(a) shall take judicial notice of the seal of Homes Victoria affixed to any notice, declaration, certificate, direction, order or document; and

(b) shall, until the contrary is proved, presume that the seal was properly affixed.

(3) All courts and persons acting judicially—

S. 37(3)(a) amended by Nos 106/2004 s. 10(2), 40/2022 s. 37(3), 6/2023 s. 3(Sch. 1 item 3.3).

(a) shall take judicial notice of the signature affixed to any notice, declaration, certificate, direction, order or document of the Chief Executive Officer, Homes Victoria or any person to whom for the time being Homes Victoria has delegated power to sign such notice, declaration, certificate, direction, order or document; and

(b) shall, until the contrary is proved, presume that the signature was properly affixed.

S. 38 substituted by No. 106/2004 s. 11.

38 Improper interest in contracts

S. 38(1) amended by No. 40/2022 s. 37(4).

(1) A prescribed person who is in any way improperly concerned or interested in any contract or agreement made by or on behalf of Homes Victoria is guilty of an offence and is liable to a penalty not exceeding 60 penalty units.

(2) In this section prescribed person means—

S. 38(2)(a) amended by No. 40/2022 s. 37(5)(a).

(a) the Chief Executive Officer, Homes Victoria;

(b) the Registrar of Housing Agencies;

(c) an employee of the Department;

S. 38(2)(d) amended by No. 40/2022 s. 37(5)(b).

(d) a delegate of Homes Victoria.

S. 39 amended by Nos 26/1987 s. 21, 106/2004 s. 12(1), 40/2022 s. 37(6), 6/2023 s. 3(Sch. 1 item 3.4).

39 Personal liability of officers

The Chief Executive Officer, Homes Victoria, an employee of the Department or any other person acting on behalf of Homes Victoria shall not be subject personally to any claim, action, liability or demand in respect of any action or step taken or not taken by that person on behalf of Homes Victoria, provided that in taking or not taking that action or step the person acted in good faith for the purpose of executing this Act or the regulations.

40 Giving false information

(1) Where, pursuant to this Act or the regulations, a person is required to give information to any person (whether orally or in writing), the first‑mentioned person shall not wilfully give information that is untrue in any particular.

1. 21 penalty units.

(2) A person shall not, in any application or other instrument made under or for the purposes of this Act or the regulations, wilfully give information that is untrue in any particular.

1. 21 penalty units.

41 Offences

Any person who is guilty of an offence for which no penalty is provided elsewhere in this Act is liable to a penalty of not more than 10 penalty units and in the case of a continuing offence to a penalty of not more than 1 penalty unit for every day during which the offence continues after conviction.

42 Directions as to prosecutions

S. 42(1) amended by No. 40/2022 s. 37(7).

(1) Homes Victoria may direct either generally or in any particular case that proceedings be taken in respect of breaches of or offences against this Act or the regulations wherever committed.

S. 42(2) amended by No. 40/2022 s. 37(8).

(2) Any person authorized in that behalf by Homes Victoria may prosecute for any breach of or offence against this Act or the regulations.

S. 42(3) amended by Nos 57/1989 s. 3(Sch. item 97.1), 68/2009 s. 97(Sch. item 67.1).

(3) No fee shall be payable on the filing of a charge‑sheet or issue of a summons for the purposes of any such prosecution or proceedings.

43 Service of documents

(1) Unless it is otherwise expressly provided, every notice, declaration, direction, order or other document which by or under this Act or the regulations is authorized or required to be given to the owner or occupier of any building or land shall be addressed to the owner or to the occupier of that building or land, and shall—

S. 43(1)(a) amended by No. 26/1987 s. 21.

(a) if the owner or occupier and the place of residence of the owner or occupier are known to the person giving the notice, be served on such owner or occupier or left with some adult person at the place of residence of the owner or occupier;

S. 43(1)(b) amended by No. 26/1987 s. 21.

(b) if the owner and the place of residence of the owner are not known to the person giving the notice, be served on the occupier (if any) of the building or land or left with some adult person at the premises, or if there is no occupier, be put up on some conspicuous part of the building or land; or

S. 43(1)(c) amended by No. 26/1987 s. 21.

(c) if the occupier and the place of residence of the owner are not known to the person giving the notice, be put up on some conspicuous part of such building or land.

(2) Any notice, declaration, direction, order or other document referred to in subsection (1) may also be served by post by pre-paid letter addressed to the owner or occupier and in proving service it shall be sufficient to prove that the notice, declaration, direction, order or other document was addressed to the usual or last-known place of residence or of business of the owner or occupier and was put into the post.

(3) Any notice, declaration, direction, order or other document referred to in subsection (1) may be addressed by the description of "the owner" or "the occupier" of the building or land (naming it) in respect of which the notice, declaration, direction or order had been served on the last‑mentioned owner or occupier respectively.

S. 43(4) amended by No. 40/2022 s. 37(9).

(4) Any document may be given to or served on Homes Victoria—

S. 43(4)(a) amended by Nos 106/2004 s. 12(2), 40/2022 s. 37(9).

(a) by delivering it to an employee of the Department duly authorized in that behalf by Homes Victoria; or

S. 43(4)(b) amended by No. 40/2022 s. 37(9).

(b) by forwarding it by post in a pre-paid letter addressed to Homes Victoria.

44 Presumptions

In any prosecution or other legal proceeding under this Act no proof shall be required—

(a) of any order or authority to prosecute;

S. 44(b) amended by No. 40/2022 s. 37(10).

(b) of the powers of Homes Victoria; or

S. 44(c) amended by Nos 26/1987 s. 21, 40/2022 s. 37(10).

(c) of the authority of any person to whom Homes Victoria has delegated any powers, functions, authorities or discretions under this Act.

45 Jurisdiction of courts

Save as otherwise expressly provided—

S. 45(a) amended by No. 16/1986 s. 30, repealed by No. 57/1989 s. 3(Sch. item 97.2).

(b) all money costs and expenses made payable or recoverable by or under this Act may be recovered in any court of competent jurisdiction.

Pt 6
(Heading and ss 46–61) amended by No. 26/1987 s. 21, repealed by No. 84/1996 s. 465.

Part VII—Standards of habitation

S. 62 amended by No. 20/1996 s. 5(a).

62 Definitions[[9]](#endnote-10)

In this Part unless inconsistent with the context or subject-matter—

S. 62 def. of Council inserted by No. 20/1996 s. 5(b), amended by No. 9/2020 s. 390(Sch. 1 item 54.1).

Council means the council (as defined in section 3(1) of the Local Government Act 2020) in the municipal district of which a house the subject of a declaration is situated;

S. 62 def. of declaration inserted by No. 20/1996 s. 5(b).

declaration means a declaration made under section 64 of this Act, section 56 of the Housing Act 1958, or section 8 of the Slum Reclamation and Housing Act 1938;

demolish, in the case of a house, includes the clearing away and removal from the land on which the house was situated of the resulting building debris;

S. 62 def. of Permanent head repealed by No. 26/1987 s. 11(1).

S. 62 def. of regulations amended by No. 20/1996 s. 5(c).

regulations means regulations made under section 63(1) as in force immediately before the commencement of the Housing (Amendment) Act 1996;

S. 62 def. of step repealed by No. 20/1996 s. 5(d).

S. 62(2) repealed by No. 26/1987 s. 12.

Ss 63–66 repealed.[10]

67 Alterations or demolition of house by Council

S. 67(1) amended by No. 26/1987 s. 14(a), substituted by No. 20/1996 s. 7(1).

(1) Subject to section 68A, if an owner fails to comply with a direction under section 66 (or any corresponding previous enactment), within the period specified for compliance, the Council may[11]—

(a) do all or any of the acts or things which the Council considers necessary to make the house comply with the regulations or to give effect to any direction made under section 66 (or any corresponding previous enactment) notwithstanding that the direction had not required some or any of those acts to be done; or

(b) demolish the house (where the case so requires).

S. 67(2) amended by Nos 26/1987 s. 14(a), 20/1996 s. 7(2).

(2) The Council may recover from the owner any expenses incurred under subsection (1) and any such expenses shall be, as from such date as the Council determines, and until paid to the Council shall remain, a first charge on the land in respect of which or on which is situated the house in respect of which the expenses were incurred[12].

S. 67(2A) inserted by No. 26/1987 s. 14(b).

(2A) Any such expenses bear interest from the date determined under subsection (2) until payment at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983[13].

S. 67(3) amended by Nos 26/1987 s. 14(a), 20/1996 s. 7(3).

(3) The Council may sell or dispose of any material taken from any house in the course of carrying out any operation under subsection (1) and shall apply the proceeds of any such sale for and towards the expenses incurred by the Council in respect of that operation and shall pay the surplus (if any) to the owner.

68 Council may give notice requiring house to be and to remain unoccupied or requiring the occupier to vacate house

S. 68(1) amended by Nos 26/1987 ss 11(2), 21, 20/1996 s. 8(1)(a)–(c).

(1) Where a direction has been made under section 66 (or any corresponding previous enactment), the Council may serve a notice in writing on the occupier (if any) of the house to which the direction relates and affix a copy of the notice to that house requiring, as on and from a specified date (being a date not less than fourteen days after the service of that notice) [14]—

(a) that house to be and to remain unoccupied; or

(b) the occupier of that house to vacate that house—

unless (in the case where the direction has required that house to be made to comply with the regulations in whole or part) that house is to the satisfaction of the Council made to comply with the regulations in whole or as to such part before that specified date.

S. 68(2) amended by Nos 26/1987 s. 11(2), 20/1996 s. 8(2)(a)(b).

(2) Every person who after the expiration of the period specified in any notice served under subsection (1) inhabits or occupies the house to which that notice relates or permits or authorizes any person to inhabit or occupy that house shall, unless the Council has issued a certificate of clearance in writing certifying that the house has been made to comply with the regulations or revoked the declaration to which the notice applies under section 68A, be guilty of an offence.

S. 68A inserted by No. 20/1996 s. 9.

68A Revocation of declaration[[15]](#endnote-16), [[16]](#endnote-17)

(1) A Council may, by notice in writing served on the owner and the occupier (if any) of the house the subject of the declaration, revoke a declaration even though the Council is not satisfied that the house complies with the regulations.

(2) The Council may revoke a declaration under this section only if it is satisfied that—

(a) the owner has made every reasonable endeavour to comply with the regulations; or

(b) it would cause the owner undue hardship to comply with the regulations.

(3) Any directions under section 66 (or any corresponding previous enactment) in force immediately before the revocation of a declaration cease to have effect on the revocation of that declaration.

(4) This section does not limit the circumstances in which a declaration may cease to operate.

S. 69 amended by No. 26/1987 ss 11(2), 21, repealed by No. 20/1996 s. 10.[17]

S. 70 amended by No. 26/1987 s. 15(1)–(3), repealed by No. 20/1996 s. 10.[18], [19]

71 Powers of entry

S. 71(1) amended by Nos 26/1987 s. 16(1)(a)–(c), 20/1996 s. 11.

(1) For the purpose of ascertaining whether a house complies with the regulations or in the course of carrying out or exercising any of the functions or powers of the Council under this Part or the regulations, a person authorized in that behalf by the Council shall have power—

S. 71(1)(a) amended by No. 26/1987 s. 16(1)(d).

(a) to enter any house between the hours of eight o'clock in the morning and six o'clock in the evening or any other building or land at any reasonable time; and

S. 71(1)(b) amended by No. 26/1987 s. 16(1)(e).

(b) to conduct such inspections and carry out such works as are necessary.

S. 71(2) amended by No. 26/1987 s. 16(2)(a)–(c).

(2) A person referred to in subsection (1) shall not, except with the consent of any resident or where otherwise provided, enter any house in which any person resides until after the expiration of 24 hours' notice given for that purpose to any resident.

S. 71(3) amended by Nos 26/1987 s. 16(3)(a)(b), 20/1996 s. 11.

(3) Notwithstanding anything in this section, a person authorized in that behalf by the Council shall have the power to enter any building or land at any time where the safety of the public or any resident is at risk.

S. 71(4) amended by Nos 26/1987 s. 16(4), 20/1996 s. 11.

(4) It shall be an offence to hinder or obstruct any person entering any house, building or land if that person is duly authorized by the Council in that behalf under subsection (1).

S. 71(5) inserted by Nos 26/1987 s. 16(5), 20/1996 s. 11.

(5) A person who is duly authorized by the Council under subsection (1) to enter premises may, unless the premises are a house in which any person resides, use any reasonable force that is necessary to enter the premises.

S. 71A inserted by No. 26/1987 s. 17, repealed by No. 20/1996 s. 12.[20]

72 Incorporation of Schedule 6

Schedule 6 shall have effect for the purposes of this Part.

Pt 8
(Heading and s. 73) amended by Nos 26/1987 ss 18, 21, 84/1996 s. 467(Sch. 6 item 8.4), substituted as Pt 8 (Heading and ss 73–142) by No. 106/2004 s. 5.

Part VIII—The Registrar and rental housing agencies

Division 1—Introductory

S. 73 substituted by No. 106/2004 s. 5.

73 Object of Part

The object of this Part is to provide a regulatory framework to encourage the development of rental housing agencies serving the housing needs of low-income tenants by providing for—

(a) the registration of rental housing agencies; and

(b) the regulation and monitoring of registered agencies.

Division 2—The Registrar of Housing Agencies

S. 74 inserted by No. 106/2004 s. 5.

74 The Registrar of Housing Agencies

(1) There shall be a Registrar of Housing Agencies.

(2) The Registrar of Housing Agencies is to be appointed by the Governor in Council, on the recommendation of the Minister.

S. 75 inserted by No. 106/2004 s. 5.

75 Term and conditions of appointment

(1) Subject to this Part, the Registrar of Housing Agencies is entitled to hold office for the term, not exceeding 7 years, set out in the instrument of appointment.

(2) The Registrar of Housing Agencies may be re‑appointed.

(3) The Registrar of Housing Agencies holds office on the terms and conditions from time to time fixed by the Governor in Council.

(4) The Registrar of Housing Agencies is entitled to the salary and allowances (if any) from time to time fixed by the Governor in Council.

(5) The Registrar of Housing Agencies must not, during his or her continuance in office, engage directly or indirectly in any paid employment outside the duties of that office without the consent of the Governor in Council.

S. 75(6) amended by No. 106/2004 s. 13(2).

(6) Despite subsection (5), a person employed under Part 3 of the Public Administration Act 2004 may also hold the office of Registrar of Housing Agencies but is not entitled to any salary or allowances for holding that office.

S. 75(7) substituted by Nos 106/2004 s. 13(3), 80/2006 s. 26(Sch. item 51.3).

(7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Registrar of Housing Agencies in respect of that office.

(8) If the Registrar of Housing Agencies was, immediately prior to appointment to that office, an officer within the meaning of the State Superannuation Act 1988, he or she is, despite that appointment, deemed to continue to be an officer within the meaning of, and subject to, that Act.

S. 76 inserted by No. 106/2004 s. 5.

76 Termination of appointment

(1) The Governor in Council may at any time remove the Registrar of Housing Agencies from office.

(2) The Registrar of Housing Agencies may resign that office by writing under his or her hand addressed to the Minister.

(3) The office of Registrar of Housing Agencies becomes vacant if the Registrar of Housing Agencies becomes bankrupt.

S. 77 inserted by No. 106/2004 s. 5.

77 Acting Registrar of Housing Agencies

(1) The Minister may appoint a person to act as Registrar of Housing Agencies in the event of a vacancy (including an initial vacancy) in that office or the absence of the holder of that office.

(2) The Acting Registrar of Housing Agencies may be appointed for a period not exceeding 6 months and may be re-appointed.

(3) The Acting Registrar of Housing Agencies shall, while so acting, have all the powers and may exercise any of the functions of the Registrar of Housing Agencies as if he or she were the Registrar of Housing Agencies.

(4) The Acting Registrar of Housing Agencies holds office on the terms and conditions from time to time fixed by the Minister.

(5) The Acting Registrar of Housing Agencies is entitled to the salary and allowances (if any) from time to time fixed by the Minister.

S. 77(6) amended by No. 106/2004 s. 13(4).

(6) A person employed under Part 3 of the Public Administration Act 2004 may also hold the office of Acting Registrar of Housing Agencies but is not entitled to any salary or allowances for holding that office.

S. 78 inserted by No. 106/2004 s. 5.

78 Creation of Registrar as body corporate

The Registrar of Housing Agencies and his or her successors in office shall, subject to this Act be a body corporate under the name of the "Registrar of Housing Agencies" and shall, by that name—

(a) have perpetual succession and a corporate seal; and

(b) be capable in law of suing and being sued and of acquiring, holding and disposing of real and personal property; and

(c) be capable in law of doing and suffering all acts and things that bodies corporate may by law do and suffer.

S. 79 inserted by No. 106/2004 s. 5.

79 Functions of Registrar

The functions of the Registrar are—

(a) to register rental housing agencies under this Part;

(b) to establish and maintain the Register of Housing Agencies;

(c) to recommend to the Minister the making of regulations for the purposes of this Part;

(d) to recommend to the Minister the making of performance standards to be met by registered agencies;

(e) to monitor compliance by registered agencies with the performance standards, this Part and the regulations under this Part;

(f) to provide the Minister with any information and reports about the carrying out of the functions of the Registrar as the Minister may request;

(g) any other functions conferred on the Registrar by this Act or the regulations.

S. 80 inserted by No. 106/2004 s. 5.

80 Registrar to be subject to direction and control of Minister

The Registrar is subject to the direction and control of the Minister in carrying out any function under this Part or the regulations.

Division 3—Registration of rental housing agencies

S. 81 inserted by No. 106/2004 s. 5.

81 Application for registration

(1) A rental housing agency may apply to the Registrar to be registered under this Part.

(2) An application must be in the form approved by the Registrar.

(3) An application must identify all land in which the rental housing agency has a legal or equitable interest.

(4) An application must be accompanied by a copy of any existing agreement referred to in section 107(2) that relates to land of the rental housing agency.

(5) An application must be accompanied by a copy of the constitution or rules of the rental housing agency.

(6) An application must be accompanied by the following declarations by the rental housing agency—

(a) a declaration that the rental housing agency has complied with the financial and other reporting requirements of the Act under which it is incorporated; and

(b) a declaration that the rental housing agency has complied with any taxation reporting requirements of the Australian Taxation Office applicable to the agency; and

(c) unless the Registrar has given an approval under section 82(1), a declaration that the rental housing agency does not act as a trustee for any person (other than a registered agency) in relation to any land or other assets; and

(d) unless the Registrar has given an approval under section 82(2), a declaration that the rental housing agency is not a subsidiary of any body other than a registered agency.

(7) A declaration under subsection (6) must be in a form approved by the Registrar.

(8) An application must be accompanied by the relevant prescribed fee (if any).

S. 82 inserted by No. 106/2004 s. 5.

82 Approval for other functions

(1) The Registrar may approve the registration of a rental housing agency that acts as trustee if the Registrar is satisfied that the role of trustee will not adversely affect the ability of the agency to comply with the prescribed registration criteria and the performance standards.

(2) The Registrar may approve the registration of a rental housing agency that is a subsidiary of a body other than a registered agency if the Registrar is satisfied that its status as a subsidiary will not adversely affect the ability of the agency to comply with the prescribed registration criteria and the performance standards.

S. 83 inserted by No. 106/2004 s. 5.

83 Further information

(1) The Registrar may require a rental housing agency to provide any further information that the Registrar considers appropriate to an application by that agency.

(2) The Registrar may refuse an application for registration if the rental housing agency does not provide the further information required within a reasonable time after the requirement is made.

S. 84 inserted by No. 106/2004 s. 5.

84 Registration

The Registrar may register a rental housing agency if the Registrar is satisfied that—

(a) the application complies with this Part; and

(b) the relevant prescribed fee (if any) has been paid; and

(c) having regard to the prescribed registration criteria and any other relevant matter, registration is appropriate.

S. 85 inserted by No. 106/2004 s. 5.

85 Category of registration

(1) The Registrar may register a rental housing agency as a registered housing association or a registered housing provider.

(2) The Registrar must have regard to the prescribed registration criteria in determining the category of registration appropriate for the rental housing agency.

S. 86 inserted by No. 106/2004 s. 5.

86 Refusal of registration

(1) If the Registrar is not satisfied that the requirements for registration in section 84 have been met, the Registrar must refuse to register the rental housing agency.

(2) The Registrar must give the rental housing agency a written statement of the reasons for the decision to refuse to register the rental housing agency under this Part.

(3) A statement of reasons may be given personally or by post.

S. 87 inserted by No. 106/2004 s. 5.

87 Change of category of registration

(1) The Registrar may change the category of registration of a registered agency if the circumstances of the registered agency change.

(2) The Registrar must give written notice to a registered agency of any change in its category of registration under this Part.

(3) The notice must include a written statement of the reasons for the decision to change the category of registration of the rental housing agency.

(4) The notice may be given personally or by post.

S. 88 inserted by No. 106/2004 s. 5.

88 Application for review

(1) A rental housing agency may apply to VCAT for review of a decision by the Registrar to refuse to register it or to change its category of registration under this Part.

(2) An application for review under this section must be made within 28 days after the day on which the statement of reasons is given under section 86 or the notice is given under section 87.

Division 4—Register of Housing Agencies

S. 89 inserted by No. 106/2004 s. 5.

89 Establishment of Register

The Registrar must establish a Register of Housing Agencies.

S. 90 inserted by No. 106/2004 s. 5.

90 What information is to be included in the Register?

The Registrar must include in the Register of Housing Agencies in respect of each registered agency—

(a) the relevant information required by Part 1 of Schedule 8; and

(b) any other information that is prescribed for the purposes of this section.

S. 91 inserted by No. 106/2004 s. 5, amended by No. 13/2022 s. 33.

91 Changes to information recorded in the Register

A registered agency must notify the Registrar in writing within 28 days if there is any change to the information recorded in the Register of Housing Agencies in respect of the registered agency.

S. 92 inserted by No. 106/2004 s. 5.

92 Searches of the Register

(1) The Registrar must make prescribed information in the Register of Housing Agencies available to any person on payment of the prescribed fee (if any).

(2) The prescribed information is—

(a) the information set out in Part 2 of Schedule 8; and

(b) any other information that is prescribed for the purposes of this section.

Division 5—Duties and functions of registered agencies

Subdivision 1—Performance standards

S. 93 inserted by No. 106/2004 s. 5.

93 Performance standards

(1) The Minister may from time to time determine performance standards to be met by registered agencies.

(2) The Minister may determine different performance standards for different categories of registered agencies.

(3) The Minister must ensure that each performance standard is published in the Government Gazette.

(4) A performance standard takes effect—

(a) on the day that is 30 days after the day that the performance standard is published in the Government Gazette; or

(b) if a later day is specified in the determination, on that later day.

(5) The Minister may, by determination published in the Government Gazette, amend or revoke a performance standard.

(6) A determination of an amendment or revocation of a performance standard takes effect—

(a) on the day that is 30 days after the day that the determination is published in the Government Gazette; or

(b) if a later day is specified in the determination, on that later day.

S. 94 inserted by No. 106/2004 s. 5.

94 What can performance standards provide for?

Performance standards may be made in respect of any matter relating to the operation of registered agencies including, but not limited to—

(a) governance of the agency;

(b) management of the agency;

(c) probity;

(d) financial viability;

(e) tenancy management;

(f) housing management and maintenance;

(g) allocation of housing;

(h) affordability of rents;

(i) risk management.

S. 95 inserted by No. 106/2004 s. 5.

95 Registered agency to comply with performance standards

A registered agency must comply with the relevant performance standards applicable to that agency.

Subdivision 2—Dispute resolution

S. 96 inserted by No. 106/2004 s. 5.

96 Application to complaints

(1) This Subdivision applies to complaints by tenants or prospective tenants of a registered agency who are affected by decisions of the registered agency on matters relating to rental housing.

(2) This Subdivision does not apply to a complaint that may be referred to VCAT under the Residential Tenancies Act 1997.

S. 97 inserted by No. 106/2004 s. 5.

97 Registered agency to establish complaints procedure

(1) A registered agency must establish a procedure for dealing with complaints by individuals who are tenants or prospective tenants of the registered agency who are affected by decisions of the registered agency on matters relating to rental housing.

(2) A registered agency must take all reasonable steps to resolve a complaint referred to in subsection (1) within 30 days after the complaint is made to the registered agency.

(3) A registered agency must—

(a) maintain a register of complaints made to it; and

(b) make that register available for inspection by the Registrar.

S. 98 inserted by No. 106/2004 s. 5.

98 Referral of complaints to Registrar

(1) An individual who is a tenant or prospective tenant of a registered agency and who has made a complaint to a registered agency may refer the complaint to the Registrar for investigation if the complaint is not resolved within 30 days after it is made.

(2) The Registrar may refuse to investigate a complaint unless the complaint is referred to the Registrar within a reasonable time after the end of that 30 day period.

S. 99 inserted by No. 106/2004 s. 5.

99 Investigation of complaint

(1) The Registrar may appoint an employee of the Department to investigate the complaint.

(2) A registered agency must co-operate with an investigation conducted in relation to it under this section.

(3) Nothing in this section prevents the exercise by an inspector of any power under Division 7.

S. 100 inserted by No. 106/2004 s. 5.

100 Direction of Registrar

(1) If an investigation under this section upholds a complaint against a registered agency, the Registrar may in writing direct the registered agency to remedy the matter complained of or to take other action to reduce the likelihood of future complaints.

(2) The direction may be given personally or by post.

(3) A registered agency must comply with a direction of the Registrar under this section.

S. 101 inserted by No. 106/2004 s. 5.

101 Application for review

(1) A registered agency may apply to VCAT for review of a direction by the Registrar under section 100.

(2) An application for review under this section must be made within 28 days after the day on which the direction is given under section 100.

Subdivision 3—Changes to constitution, rules or functions of registered agency

S. 102 inserted by No. 106/2004 s. 5.

102 Change to constitution or rules of agency

(1) A registered agency must give at least 28 days' notice to the Registrar before making any change to its constitution or to its rules.

(2) Subsection (1) does not apply to a change of a kind declared by the Registrar under this section to be a minor change.

(3) The Registrar may, by notice published in the Government Gazette, declare changes of a specified kind or specified kinds to the constitutions and rules of registered agencies to be minor changes for the purposes of this section.

S. 103 inserted by No. 106/2004 s. 5.

103 Approval of changes to functions of registered agency

(1) The Registrar may approve a registered agency acting as trustee if the Registrar is satisfied that the role of trustee will not adversely affect the ability of the agency to—

(a) comply with the prescribed registration criteria and the performance standards; or

(b) carry out its function of providing affordable housing to people on low incomes.

(2) The Registrar may approve a registered agency being a subsidiary of a body other than a registered agency if the Registrar is satisfied that its status as a subsidiary will not adversely affect the ability of the agency to—

(a) comply with the prescribed registration criteria and the performance standards; or

(b) carry out its function of providing affordable housing to people on low incomes.

(3) An approval under this section must be in writing.

Subdivision 4—Reports by registered agency

S. 104 inserted by No. 106/2004 s. 5.

104 Reports by registered agency

(1) A registered agency must provide reports on its operations to the Registrar—

(a) annually in accordance with section 105; and

(b) at any other time required by the Registrar.

(2) A report must be in a form approved by the Registrar.

S. 105 inserted by No. 106/2004 s. 5.

105 Annual reports

(1) The reports to be provided annually by a registered agency are—

(a) a report setting out its performance against the relevant performance standards;

(b) a report containing its financial statements and accounts in accordance with a direction under this section.

(2) The Minister may give directions in relation to the contents of financial statements and accounts to be provided by registered agencies.

(3) The Minister must cause a direction under this section to be published in the Government Gazette.

S. 105(4) substituted by No. 13/2022 s. 34.

(4) A report referred to in subsection (1)(a) must—

(a) be certified by the board of directors of the registered agency; and

(b) be provided to the Registrar by 31 October in each year.

S. 105(5) inserted by No. 13/2022 s. 34.

(5) A report referred to in subsection (1)(b) must be provided to the Registrar in each year not more than 14 days after the annual general meeting of the registered agency.

S. 106 inserted by No. 106/2004 s. 5.

106 Declarations by registered agency

(1) A registered agency must make the following declarations to the Registrar annually—

(a) a declaration that the registered agency has complied with the financial and other reporting requirements of the Act under which it is incorporated in the previous financial year; and

(b) a declaration that the registered agency has complied with any taxation reporting requirements of the Australian Taxation Office applicable to the registered agency in the previous financial year; and

(c) unless the Registrar has given an approval under section 82(1) or 103(1), a declaration that the registered agency is not a trustee for any person (other than a registered agency) in relation to any land or other assets; and

(d) unless the Registrar has given an approval under section 82(2) or 103(2), a declaration that the registered agency is not a subsidiary of any body other than a registered agency.

S. 106(2) amended by No. 13/2022 s. 35.

(2) The declarations must be provided to the Registrar in each year not more than 14 days after the annual general meeting of the registered agency.

Pt 8 Div. 6 (Heading) amended by No. 40/2022 s. 38.

Division 6—Powers of Homes Victoria in relation to registered agency land

S. 107 (Heading) amended by No. 40/2022 s. 39(1).

S. 107 inserted by No. 106/2004 s. 5.

107 Homes Victoria to have interest in certain registered agency land

S. 107(1) amended by No. 40/2022 s. 39(2).

(1) Homes Victoria is deemed to have an interest in all land of a registered agency that is declared by notice published in the Government Gazette to be land to which this section applies.

S. 107(2) amended by No. 40/2022 s. 39(3)(a).

(2) Homes Victoria may publish a notice under subsection (1) in relation to land of a rental housing agency that is a registered agency if—

S. 107(2)(a) amended by No. 40/2022 s. 39(3)(b).

(a) Homes Victoria and the rental housing agency have agreed in writing (before or after the agency is registered under this Part) that this section should apply to the land because the land has been purchased or developed with funds provided by Homes Victoria; or

S. 107(2)(b) amended by No. 40/2022 s. 39(3)(b).

(b) the land was transferred to the rental housing agency by Homes Victoria (before or after the agency was registered under this Part).

S. 108 (Heading) amended by No. 40/2022 s. 39(4).

S. 108 inserted by No. 106/2004 s. 5.

108 Registered agency to notify Homes Victoria of acquisition

S. 108(1) amended by No. 40/2022 s. 39(5).

(1) A registered agency must give notice in writing to Homes Victoria—

(a) within 14 days after acquiring any interest in land; and

S. 108(1)(b) amended by No. 40/2022 s. 39(5).

(b) without delay after the registered agency becomes aware that the owner of land, in which both the registered agency and Homes Victoria have an interest, intends to dispose of that land.

S. 108(2) amended by No. 40/2022 s. 39(6).

(2) A notice must be in a form approved by Homes Victoria.

S. 109 (Heading) amended by No. 40/2022 s. 39(7).

S. 109 inserted by No. 106/2004 s. 5.

109 Consent of Homes Victoria required to transfer interest in land

S. 109(1) amended by No. 40/2022 s. 39(8).

(1) A registered agency or former registered agency must not transfer, sell, lease, mortgage, charge or otherwise deal with land in which Homes Victoria has an interest under this Division unless Homes Victoria consents in writing to that transfer, sale, lease, mortgage, charge or other dealing.

(2) This section does not apply to—

S. 109(2)(a) amended by No. 45/2018 s. 375(2).

(a) a residential rental agreement under the Residential Tenancies Act 1997; or

(b) a dealing of a class declared by the Minister to be exempt.

(3) A declaration under this section must be published in the Government Gazette.

(4) A consent under subsection (1) must not be unreasonably withheld.

S. 110 inserted by No. 106/2004 s. 5.

110 Interest may be recorded on title

S. 110(1) amended by No. 40/2022 s. 39(9).

(1) Homes Victoria may apply to the Registrar of Titles to record in the Register kept under the Transfer of Land Act 1958 its interest under this Division in land.

(2) On an application under subsection (1), the Registrar of Titles must make a recording of the interest in the Register.

S. 110(3) amended by No. 40/2022 s. 39(10).

(3) Homes Victoria may apply to the Registrar of Titles to cancel a recording made in the Register of an interest under this Division.

(4) On an application under subsection (3), the Registrar of Titles must cancel the recording of the interest in the Register.

(5) An application may be made under this section without production of the certificate of title.

Note to s. 110(5) amended by No. 40/2022 s. 39(11).

Section 76 of the Transfer of Land Act 1958 requires creditors of a registered agency to serve notice on Homes Victoria as well as the registered agency in the event of a default affecting land of a registered agency in which Homes Victoria has an interest that is recorded on the Register under that Act.

S. 111 (Heading) amended by No. 40/2022 s. 39(12).

S. 111 inserted by No. 106/2004 s. 5, amended by No. 40/2022 s. 39(13).

111 Interest of Homes Victoria to remain even if agency ceases to be registered agency

If a body ceases to be a registered agency, any interest that Homes Victoria held in land of the body immediately before it ceased to be a registered agency continues as if the body had continued to be a registered agency.

Division 7—Monitoring of registered agencies

S. 112 inserted by No. 106/2004 s. 5.

112 Registrar of Housing Agencies is an inspector

The Registrar of Housing Agencies is an inspector for the purposes of this Part.

S. 113 inserted by No. 106/2004 s. 5.

113 Appointment of inspectors

(1) The Registrar may appoint persons to be inspectors for the purposes of this Part.

(2) The appointment must be in writing and must specify the terms and conditions on which the person is appointed.

(3) A person must not be appointed as an inspector under this section unless the person has completed appropriate training or qualifications as determined by the Registrar.

S. 114 inserted by No. 106/2004 s. 5.

114 Inspector's identity card

(1) The Registrar must issue an identity card to each inspector.

(2) An identity card issued to an inspector must—

(a) contain a photograph of the inspector to whom it is issued; and

(b) state the full name of the person; and

(c) state that the person is an inspector for the purposes of this Part.

S. 115 inserted by No. 106/2004 s. 5.

115 Production of identity card

An inspector must produce his or her identity card for inspection—

(a) before exercising a power under this Division other than a requirement made by post; and

(b) at any time during the exercise of a power under this Division, if asked to do so.

S. 116 inserted by No. 106/2004 s. 5.

116 Inspectors may require certain persons to appear, answer questions and produce documents

S. 116(1) amended by No. 75/2016 s. 6.

(1) For the purpose of ascertaining whether the provisions of this Part, Part VIIIA, the regulations under this Part or Part VIIIA or the performance standards have been complied with, an inspector may by notice in a form approved by the Registrar—

(a) require a registered agency to produce to the inspector, at a time and place specified in the notice, specified relevant documents relating to the registered agency; and

(b) require any person who is involved in the activities of a registered agency to produce to the inspector, at a time and place specified in the notice, specified relevant documents relating to the registered agency; and

(c) require any person who is involved in the activities of a registered agency—

(i) to attend before the inspector at a time and place specified in the notice; and

(ii) to answer any questions put to the person by the inspector relating to the promotion, formation, membership, control, transactions, dealings, business or property of the registered agency.

(2) A person is to be considered to be involved in the activities of a registered agency if the person—

(a) is or has been a member of the governing body of the registered agency, an officer or employee of the registered agency or an agent, banker, legal practitioner, auditor, accountant, book-keeper or other person acting in any capacity for, or on behalf of, the registered agency (including a registered agency that is in the course of being wound up or has had its incorporation cancelled); or

(b) is a person who has any relevant documents relating to the registered agency in his or her possession or control; or

(c) is a person who was a party to the creation of any relevant documents relating to the registered agency.

(3) A person is not subject to any liability by reason of complying with a requirement made or purportedly made under this section.

S. 117 inserted by No. 106/2004 s. 5.

117 Inspector's powers of entry

(1) An inspector may enter any place (other than a residence) and may search for and seize any relevant documents or anything that the inspector believes on reasonable grounds to be connected with a failure to comply with this Part, the regulations under this Part or the performance standards that is found on or in the place, if the entry, search and seizure are made—

(a) with the consent of the occupier after the inspector has—

(i) informed the occupier of the purpose of the search; and

(ii) informed the occupier that anything seized during the search may be used by the Registrar in carrying out its powers and duties under this Part or in evidence in a court or before VCAT; and

(iii) informed the occupier that the occupier may refuse to give consent to the entry and search; and

(iv) produced his or her identity card for inspection; or

(b) in accordance with a warrant issued under section 118.

(2) If an occupier consents to an entry and search, the inspector who requested consent must ask the occupier to sign an acknowledgment stating—

(a) that the occupier has been informed of the purpose of the search and that anything seized during the search may be used by the Registrar in carrying out its powers and duties under this Part or in evidence in a court or before VCAT; and

(b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and

(c) that the occupier has consented to such an entry and search; and

(d) the date and time that the occupier consented.

(3) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment immediately.

(4) If, in any proceeding, an acknowledgment is not produced to the court or VCAT, it must be presumed, until the contrary is proved, that the occupier did not consent to an entry and search.

S. 118 inserted by No. 106/2004 s. 5.

118 Search warrant

(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if—

(a) a registered agency or person does not comply with a requirement of an inspector under section 116 within the time specified in the notice; or

(b) there are reasonable grounds for suspecting that there may be at that place any document or thing that may be evidence of a failure by a registered agency to comply with this Part or the regulations under this Part or the performance standards.

S. 118(2) amended by No. 6/2018 s. 68(Sch. 2 item 67).

(2) The magistrate may issue the search warrant if the magistrate is satisfied by the evidence on oath or by affirmation or by affidavit, of an inspector that there are reasonable grounds for suspecting that there is, or may be within the next 28 days, at that place—

(a) a relevant document; or

(b) a document or thing that may be evidence of a failure by the registered agency to comply with this Part or the regulations under this Part or the performance standards.

(3) A search warrant under this section authorises the inspector named in the warrant and any assistants the inspector considers necessary—

(a) to enter the place specified in the warrant, if necessary by force; and

(b) to search for and seize—

(i) a relevant document named or described in the warrant; or

(ii) a document or thing named or described in the warrant and which the inspector believes on reasonable grounds to be connected with a failure by the registered agency to comply with this Part, the regulations under this Part or the performance standards.

(4) A search warrant issued under this section must state—

(a) the purpose for which the search is required and the nature of the non-compliance suspected; and

(b) any conditions to which the warrant is subject; and

(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d) a day, not being later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989.

(6) Except as provided by this Part, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

S. 119 inserted by No. 106/2004 s. 5.

119 Announcement before entry

(1) On executing a search warrant, the inspector executing the warrant must announce that he or she is authorised by the warrant to enter the place and, if the inspector has been unable to obtain unforced entry, must give any person at the place an opportunity to allow entry to the place.

(2) An inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure the safety of any person or that the effective execution of the search warrant is not frustrated.

S. 120 inserted by No. 106/2004 s. 5.

120 Details of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at premises where a search warrant is being executed, the inspector must—

(a) identify himself or herself to that person; and

(b) give to the person a copy of the warrant.

S. 121 inserted by No. 106/2004 s. 5.

121 Seizure of documents or things not mentioned in the warrant

If, in the course of executing a search warrant, an inspector finds a document or thing that he or she believes on reasonable grounds to be—

(a) connected with the failure to comply with this Part, the regulations under this Part or the performance standards, although not the document or thing named or described in the warrant; or

(b) connected with another failure by the registered agency to comply with this Part, the regulations under this Part or the performance standards—

and the inspector believes, on reasonable grounds, that it is necessary to seize that document or thing in order to prevent its concealment, loss or destruction, the warrant is deemed to authorise the inspector to seize the document or thing.

S. 122 inserted by No. 106/2004 s. 5.

122 Power of inspector to require information or documents

An inspector who exercises a power of entry under this Division and produces his or her identity card for inspection by a person may, to the extent that it is reasonably necessary to determine compliance with this Part, the regulations under this Part or the performance standards require the person—

(a) to give information to the inspector, orally or in writing; and

(b) to produce documents to the inspector; and

(c) to give reasonable assistance to the inspector.

S. 123 inserted by No. 106/2004 s. 5.

123 Functions of inspectors in relation to relevant documents

(1) An inspector has the following powers in relation to relevant documents produced to the inspector pursuant to a requirement made under this Division—

(a) power to take possession of the documents or secure them against interference;

(b) power to make copies, or take extracts from, the documents;

(c) power to require any person who was party to the creation of the documents to make a statement providing any explanation that the person is able to provide as to any matter relating to the creation of the documents or as to any matter to which the documents relate;

(d) power to retain possession of the documents for such reasonable period as is necessary to enable the documents to be inspected, and copies of, or extracts from, the documents to be made or taken.

(2) While an inspector retains possession of a document, the inspector must permit a person who would be entitled to inspect the document were it not in the possession of the inspector to inspect the document at any reasonable time and make a copy of, or take extracts from, the document.

(3) If an inspector takes possession of or secures against interference any relevant document and a person has a lien on the document, the inspector's actions do not prejudice the lien.

(4) An inspector must not take possession of a document apparently in the possession or custody of a person unless the inspector makes out and tenders to the person a written receipt—

(a) identifying the document; and

(b) stating the name of the inspector and the reason why the document is being seized.

S. 124 inserted by No. 106/2004 s. 5.

124 Offence—failing to comply with requirements of inspector

(1) A person must not refuse or fail, without reasonable excuse, to comply with a requirement of an inspector under this Division to produce relevant documents or to give reasonable assistance to the inspector.

(2) A person must not—

(a) give information to an inspector that the person knows to be false or misleading in a material particular; or

(b) produce a document that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

(3) A person must not without reasonable excuse obstruct or hinder an inspector exercising functions under this Division.

S. 125 inserted by No. 106/2004 s. 5.

125 Protection from incrimination

A person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Division if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.

S. 126 inserted by No. 106/2004 s. 5.

126 Privilege

(1) A legal practitioner is entitled to refuse to comply with a requirement under section 116 or 122 relating to a relevant document if—

(a) the document contains a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner; or

(b) the legal practitioner is not able to comply with the requirement without disclosing a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner.

(2) The legal practitioner is not entitled to refuse to comply with the requirement to the extent that he or she is able to comply with it without disclosing the privileged communication.

(3) The legal practitioner is also not entitled to refuse to comply with the requirement if the person by or on behalf of whom the communication was made or (if the person is a registered agency in the course of being wound up) the liquidator agrees to the legal practitioner complying with the requirement.

(4) If the legal practitioner refuses to comply with the requirement, he or she must immediately furnish in writing to the Registrar—

(a) the name and address of the person to whom or by or on behalf of whom the communication was made (if known to the legal practitioner); and

(b) sufficient particulars to identify the document containing the communication (if the communication was made in writing).

S. 127 inserted by No. 106/2004 s. 5.

127 Report on investigation

As soon as practicable after completing an investigation under this Division, an inspector must give a written report on the result of the investigation to the Registrar.

S. 128 inserted by No. 106/2004 s. 5.

128 Secrecy

(1) An inspector must not disclose information acquired in the course of an investigation under this Division except—

(a) for the purpose of conducting the investigation and making a report of the investigation; or

(b) as permitted by subsection (2); or

(c) for the purpose of any proceedings under this Part; or

(d) with the consent of the person to whom the information relates.

(2) An inspector may disclose information acquired in the course of an investigation—

(a) to the Registrar, for any purpose related to the duties of the Registrar under this Part; or

S. 128(2)(b) amended by No. 37/2014 s. 10(Sch. item 81.2).

(b) to a police officer, if the inspector reasonably suspects that an offence has been committed; or

(c) to a court or to VCAT; or

(d) to a person appointed as the liquidator of the registered agency.

Division 8—Powers of Registrar

S. 129 inserted by No. 106/2004 s. 5.

129 Displacement of other laws

(1) Sections 131, 132, 133 and 134 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2B and Chapter 5 of that Act and the provisions of that Act set out in the table in section 141 of that Act.

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.

S. 129(2) amended by Nos 20/2012 s. 226(Sch. 5 item 16(2)), 9/2013 s. 42(Sch. 2 item 11(3)).

(2) This Division applies despite anything to the contrary in the Co‑operatives National Law (Victoria) and the Associations Incorporation Reform Act 2012.

S. 130 inserted by No. 106/2004 s. 5.

130 When powers of Registrar may be exercised

(1) The Registrar may exercise a power under this Division in relation to a registered agency if—

(a) there has been a failure by the registered agency to meet the prescribed registration criteria or the performance standards; or

(b) the registered agency fails to comply with a requirement or direction under section 91, 100, 104, 106, 108 or 109; or

S. 130(1)(ba) inserted by No. 75/2016 s. 7, amended by No. 40/2022 s. 40(1).

(ba) in the case of a registered agency that is
a participating registered agency, an authorised person employed or engaged by the participating registered agency fails to perform functions or exercise powers in relation to the Victorian Housing Register
in accordance with a determination of Homes Victoria under section 142E(1); or

S. 130(1)(bb) inserted by No. 75/2016 s. 7.

(bb) a relevant person referred to in paragraph (b) or (c) of the definition of relevant person in section 142I collects, uses or discloses relevant information for a purpose not referred to in section 142J; or

(c) as a result of a change to the constitution or rules of the registered agency or the business activities carried on by the registered agency the Registrar believes that the ability of the agency—

(i) to comply with the prescribed registration criteria and the performance standards; or

(ii) to carry out its function of providing affordable housing to people on low incomes—

is, or will be, adversely affected; or

(d) the registered agency fails to make an appointment to its governing body, in accordance with a recommendation of the Registrar under section 131, within 28 days after the recommendation is made.

(2) The Registrar must not exercise a power under this Division unless the Registrar is satisfied that the exercise of the power—

(a) is appropriate in the circumstances; and

(b) accords with any guidelines established under subsection (3).

(3) The Minister may establish guidelines for the exercise of the Registrar's powers under this Division.

(4) Guidelines established under subsection (3) must be published in the Government Gazette.

(5) The Registrar must make a copy of the current guidelines available to each registered agency.

S. 131 inserted by No. 106/2004 s. 5.

131 Registrar may recommend appointments to governing body of registered agency

(1) The Registrar, after consultation with the governing body of a registered agency and after considering any nominations made by that governing body, may recommend the appointment of one or more persons, whom the Registrar considers to be appropriately qualified, to that governing body.

(2) The governing body of the registered agency may make an appointment recommended under subsection (1).

(3) An appointment made under this section has effect as if it had been made in accordance with the constitution or rules of the registered agency.

(4) A person may be appointed under this section in place of an existing member of the governing body or in addition to the existing members of the governing body of the registered agency.

(5) This section applies despite anything to the contrary in the constitution or rules of the registered agency.

S. 132 inserted by No. 106/2004 s. 5.

132 Registrar may give instructions to registered agency

(1) The Registrar may give instructions to a registered agency or the members of the governing body of a registered agency.

(2) The instructions may relate to—

(a) the entering by the registered agency into arrangements that the Registrar considers appropriate with one or more other registered agencies;

(b) the appointment of one or more persons, whom the Registrar considers to be appropriately qualified, to the governing body of the registered agency;

S. 132(2)(ba) inserted by No. 75/2016 s. 8.

(ba) the provision of information or the production of documents to the Registrar in relation to the performance of functions by the registered agency for the purposes of the Victorian Housing Register;

(c) the appointment of an administrator to control and direct the registered agency;

(d) the winding up and distribution of the assets of the registered agency;

(e) any other matter relating to the registered agency that the Registrar thinks fit.

(3) The arrangements under subsection (2)(a) may include, but are not limited to, the following—

S. 132(3)(a) amended by No. 40/2022 s. 40(2).

(a) a transfer to one or more registered agencies of some or all of the land of a registered agency in which Homes Victoria has an interest;

(b) a merger of one or more registered agencies.

(4) The instructions may specify—

(a) the time within which a matter referred to in subsection (2) must be complied with; and

(b) conditions to which that matter is subject, including a requirement for prior approval of the Registrar.

(5) In giving an instruction or an approval under this section, the Registrar must have regard to the interests of the tenants of the registered agency.

(6) The Registrar must take all reasonable steps to consult with the relevant regulatory body before giving any instruction or approval under this section.

(7) The Registrar may consult with the creditors of a registered agency before giving any instruction or approval under this section.

(8) A registered agency must comply with an instruction to it under this section.

(9) A member of the governing body of a registered agency must comply with an instruction to the members of the governing body under this section.

(10) Sections 131(3), 131(4) and 131(5) apply to an appointment made on an instruction under subsection (2)(b) as if it were made on a recommendation under section 131.

(11) Nothing in this section prevents the Registrar from giving more than one set of instructions to a registered agency in relation to the same matter.

(12) In this section—

merger includes amalgamation;

S. 132(12) def. of relevant regulatory body amended by Nos 20/2012 s. 226(Sch. 5 item 16(3)), 9/2013 s. 42(Sch. 2 item 11(4)).

relevant regulatory body means—

(a) in the case of a registered agency that is an incorporated association, the Registrar of Incorporated Associations under the Associations Incorporation Reform Act 2012;

(b) in the case of a registered agency that is a co-operative, the Registrar of Co‑operatives established under the Co‑operatives National Law (Victoria);

(c) in the case of a registered agency that is a corporation, the Australian Securities and Investment Commission.

S. 133 inserted by No. 106/2004 s. 5.

133 Duties of administrator

If an administrator is appointed to control and direct the affairs of a registered agency, the administrator—

(a) must consult with the Registrar in carrying out his or her duties and functions; and

(b) must have regard to the interests of tenants of the registered agency.

S. 134 inserted by No. 106/2004 s. 5.

134 Agency to notify Registrar of intention to wind up

(1) Subject to subsection (2), a registered agency must give at least 28 days' written notice to the Registrar before commencing any proceedings to wind up the registered agency.

(2) A registered agency must give notice to the Registrar immediately on becoming aware of the existence of any circumstance giving rise to an obligation on the registered agency under a law of a State or Territory or of the Commonwealth to commence winding up proceedings.

(3) A registered agency must give the Registrar written notice without delay after becoming aware of the commencement of proceedings by any other person to wind up the registered agency.

S. 135 inserted by No. 106/2004 s. 5.

135 Registrar may indemnify certain persons

(1) The Registrar, with the approval of the Minister and the Treasurer, may provide an indemnity in favour of any person appointed to the governing body of a registered agency under section 131 or 132 against any claim or proceeding arising against them for anything done in good faith in the performance of their duties as a member of the governing body.

(2) An indemnity provided by the Registrar under subsection (1) is subject to any terms and conditions that the Registrar thinks appropriate.

(3) Any amounts that from time to time become due and payable under an indemnity authorised by this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).

S. 136 inserted by No. 106/2004 s. 5.

136 Registrar may provide financial accommodation to registered agency

(1) If the Registrar exercises any power under section 131 or 132 in relation to a registered agency, the Registrar may, with the approval of the Minister and the Treasurer, provide financial accommodation or arrange for the provision of financial accommodation to a registered agency for any purpose associated with the exercise of that power.

(2) In this section financial accommodation includes loan, grant, guarantee and waiver of payment of money.

S. 137 inserted by No. 106/2004 s. 5.

137 Financial powers of Registrar

For the purposes of this Division, the Registrar has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

S. 138 inserted by No. 106/2004 s. 5.

138 Delegation by Registrar

The Registrar may delegate to any employee of the Department or to an inspector any power of the Registrar under this Division except this power of delegation.

S. 139 inserted by No. 106/2004 s. 5.

139 Application for review

(1) A registered agency or any member of the governing body of a registered agency may apply to VCAT for the review of—

(a) an instruction given by the Registrar under this Division;

(b) a decision by the Registrar to give or not to give an approval under this Division;

(c) a recommendation by the Registrar under section 131.

(2) An application must be made within 28 days after the instruction, recommendation or notice of the decision is given to the registered agency.

S. 140 inserted by No. 106/2004 s. 5.

140 Application for enforcement

If a registered agency or other person fails to comply with an instruction of the Registrar under section 132, the Registrar may apply to the Supreme Court for an Order requiring the agency or person to comply with that instruction within the time specified in the Order.

Division 9—Revocation of registration

S. 141 inserted by No. 106/2004 s. 5.

141 Revocation of registration

(1) The Registrar may revoke the registration of a registered agency under this Part if the Registrar is satisfied on reasonable grounds that—

(a) the registered agency has failed to meet one or more performance standards applicable to the registered agency; or

(b) the registered agency has failed to meet one or more of the prescribed registration criteria relevant to the registered agency; or

(c) the registered agency has failed to comply with section 91; or

(d) the registered agency has failed to comply with a lawful direction or instruction of the Registrar under this Part; or

(e) the registered agency has ceased to operate as a rental housing agency; or

(f) the registered agency is unable to pay its debts or to continue carrying on its business.

(2) The Registrar may revoke the registration of a registered agency under this Part on the written request of the registered agency.

(3) The Registrar must give the registered agency at least 14 days' written notice and the opportunity to be heard before revoking its registration under this Part.

(4) The Registrar must give the registered agency a written statement of reasons for a decision by the Registrar under subsection (1) to revoke its registration.

(5) A statement of reasons may be given personally or by post.

(6) The Registrar must cause a decision by the Registrar to revoke the registration of a registered agency to be published in the Government Gazette.

S. 142 inserted by No. 106/2004 s. 5.

142 Application for review

(1) A body may apply to VCAT for review of a decision by the Registrar under section 141(1) to revoke the registration of the body as a registered agency.

(2) An application for review under this section must be made within 28 days after the day on which the statement of reasons is given under section 141.

Pt 8A (Headings and ss 142A–142J) inserted by No. 75/2016 s. 5.

Part VIIIA—Social housing

Division 1—Victorian Housing Register

S. 142A inserted by No. 75/2016 s. 5.

142A Establishment of Victorian Housing Register

S. 142A(1) amended by No. 40/2022 s. 41(1).

(1) Homes Victoria must establish and administer a register of applicants for tenancies in social housing to be known as the Victorian Housing Register.

(2) The purpose of the Victorian Housing Register is to facilitate the appropriate allocation of tenancies in social housing, having regard to—

(a) the relative housing needs of eligible applicants; and

(b) the health, safety and support needs
of eligible applicants; and

(c) the availability of social housing.

S. 142B inserted by No. 75/2016 s. 5, amended by No. 40/2022 s. 41(2).

142B Form of Victorian Housing Register

Homes Victoria may keep the Victorian Housing Register in any form that Homes Victoria considers appropriate, including in the form of a database (whether in computerised or other form and however described).

S. 142C inserted by No. 75/2016 s. 5.

142C What information is to be included in the Victorian Housing Register?

(1) The Victorian Housing Register may include the following information*—*

(a) the personal details of an applicant;

(b) the priority category determined to apply to an eligible applicant;

(c) the personal details of a household member of an applicant;

(d) the full name and contact details of a person nominated by an applicant, if any;

(e) any other information that is relevant to an application for a tenancy in social housing;

S. 142C(1)(f) amended by No. 40/2022 s. 41(3).

(f) any other information that Homes Victoria considers appropriate to include in the Victorian Housing Register.

(2) In this section—

S. 142C(2) def. of personal details amended by No. 13/2019 s. 221(Sch. 1 item 21).

personal details, of an applicant, or of a household member of an applicant, includes the following—

(a) the individual's full name and contact details;

(b) the individual's date of birth and gender;

(c) the full name and contact details of the individual's guardian (within the meaning of section 3(1) of the Guardianship and Administration Act 2019), if any;

(d) the health, safety and support needs of the individual, including health information that is relevant to the individual's housing requirements;

(e) sensitive information that is relevant to the individual's housing requirements;

(f) any unique identifier assigned to the individual;

(g) any other information relating to an assessment of the individual's housing requirements.

S. 142D inserted by No. 75/2016 s. 5, amended by No. 40/2022 s. 41(4).

142D Changes to information recorded in the Victorian Housing Register

For the purposes of maintaining the accuracy of information in the Victorian Housing Register or complying with the requirements of this Act or any other Act, Homes Victoria or an authorised person may enter, review, amend or remove any information in the Victorian Housing Register relating to an applicant or to a household member of an applicant.

S. 142E (Heading) amended by No. 40/2022 s. 41(5).

S. 142E inserted by No. 75/2016 s. 5.

142E Determinations made by Homes Victoria

S. 142E(1) amended by No. 40/2022 s. 41(6)(a).

(1) Homes Victoria may determine any of the following for the purposes of allocating tenancies in social housing to applicants on the Victorian Housing Register—

(a) eligibility criteria that must be met by an applicant to be eligible for a tenancy in social housing;

(b) priority categories for the purposes of identifying the relative needs of eligible applicants for social housing;

(c) priority criteria that must be met by an eligible applicant for a particular priority category to apply to that eligible applicant;

S. 142E(1)(d) amended by No. 40/2022 s. 41(6)(b).

(d) any other general matter to which Homes Victoria and authorised persons must have regard when performing functions or exercising powers in relation to the Victorian Housing Register.

S. 142E(2) amended by No. 40/2022 s. 41(7).

(2) Homes Victoria must ensure that any determination made under subsection (1) is published in the Government Gazette.

S. 142E(3) amended by No. 40/2022 s. 41(8).

(3) Homes Victoria or an authorised person (as the case may be) must take into account determinations made under subsection (1) when determining any of the following—

(a) whether an applicant is an eligible applicant;

(b) which priority category applies to an eligible applicant;

(c) whether to allocate a tenancy in social housing to an eligible applicant.

S. 142F inserted by No. 75/2016 s. 5.

142F What is a *participating designated service provider* or *participating registered agency*?

S. 142F(1) amended by No. 40/2022 s. 41(9).

(1) A designated service provider or registered agency may apply in writing to Homes Victoria to be declared a participating designated service provider or participating registered agency
(as the case may be) for the purposes of this Part.

S. 142F(2) amended by No. 40/2022 s. 41(10).

(2) Homes Victoria may declare—

(a) a designated service provider to be a participating designated service provider; or

(b) a registered agency to be a participating registered agency.

S. 142F(3) amended by No. 40/2022 s. 41(11)(a).

(3) Homes Victoria may revoke a declaration made under subsection (2)—

(a) on the written request of a participating designated service provider or a participating registered agency; or

S. 142F(3)(b) amended by No. 40/2022 s. 41(11)(b).

(b) on Homes Victoria's own motion.

S. 142F(4) amended by No. 40/2022 s. 41(12).

(4) Homes Victoria must publish on the Department's Internet site a list containing the name of each participating designated service provider and each participating registered agency.

S. 142G inserted by No. 75/2016 s. 5.