142JCollection, use and disclosure of relevant information permitted in certain circumstances

142J Collection, use and disclosure of relevant information permitted in certain circumstances (1) A relevant person may collect or use relevant information, or disclose relevant information to another relevant person, to the extent necessary for any of the following purposes— (a) to determine whether an applicant meets the eligibility criteria for social housing; (b) to determine which priority category applies to an eligible applicant; (c) to determine whether to allocate a tenancy in social housing to an eligible applicant; (d) to determine the health, safety and support needs and housing requirements of individuals who are seeking housing assistance; (e) to facilitate the management and granting of tenancies in social housing and in other housing to support individuals to access housing that is appropriate to their needs; (f) to prepare reports and compile statistics in relation to the use of the Victorian Housing Register; (g) to perform any other functions or exercise any power under this Act; (h) to give information that the relevant person is otherwise expressly authorised, permitted or required to give under this Act. (2) In addition to the purposes referred to in subsection (1), a relevant person who is also an authorised person may collect or use relevant information, or disclose relevant information to another relevant person, to the extent necessary for any of the following purposes— (a) to establish and administer the Victorian Housing Register; (b) to maintain the accuracy of the Victorian Housing Register. See IPP 2.1(f) of the **Privacy and Data Protection Act 2014** and HPP 1.1(b) and 2.2(c) of the **Health Records Act 2001**. (3) Nothing in this section affects any prohibition in any Act (other than this Act, the **Health Records Act 2001** and the **Privacy and Data Protection Act 2014**) on the collection, use or disclosure of the relevant information. Pt 8B (Heading and ss 142JA–142JC) inserted by No. 40/2022 s. 26. Part VIIIB—Victorian Affordable Housing Programs S. 142JA inserted by No. 40/2022 s. 26. 142JA VAHP declaration (1) The Minister, by Order published in the Government Gazette, may declare an affordable housing program to be a Victorian Affordable Housing Program. (2) A VAHP declaration may only be made if the State or the Commonwealth provides or has provided the affordable housing program to which the declaration applies with the funding, land, a subsidy or an incentive (including any planning incentive or tax incentive) as a contribution to— (a) the construction, acquisition, management, provision of or accommodation in, affordable housing or affordable rental housing; or (b) the acquisition or management of land used for affordable housing or affordable rental housing. (3) A VAHP declaration must— (a) describe the scope and purpose of the Victorian Affordable Housing Program; and **Example** Affordable housing for teachers in regional areas. (b) specify that participation in the Victorian Affordable Housing Program is subject to the requirements set out in relation to the Victorian Affordable Housing Program in any relevant VAHP determination; and (c) specify the date on which the declaration comes into operation, which must be a date after the date on which it is published in the Government Gazette; and See subsection (1) for the requirement to be published in the Government Gazette. (d) be published on the Department's Internet site. (4) A VAHP declaration may specify all or any of the following— (a) details as to the requirements for participation in the Victorian Affordable Housing Program, including but not limited to eligibility criteria; (b) matters that must be included in any VAHP determination applying to the Victorian Affordable Housing Program to which the VAHP declaration applies; (c) the date on which the VAHP declaration expires; (d) any other matter the Minister considers relevant or appropriate. See section 27 of the **Interpretation of Legislation Act 1984** in relation to the power to repeal (which pursuant to section 3 of that Act includes revocation) or amend a subordinate instrument. S. 142JB inserted by No. 40/2022 s. 26. 142JB Homes Victoria may make VAHP determination (1) Homes Victoria may make a VAHP determination which sets out specific operational and policy settings for any affordable housing program which has been declared to be a Victorian Affordable Housing Program under section 142JA. (2) Before making a VAHP determination, Homes Victoria must consult with any person that Homes Victoria considers is a relevant stakeholder, but is not required to do so in relation to any revocation or any minor or clerical amendment of a determination. See section 27 of the **Interpretation of Legislation Act 1984** in relation to the power to repeal (which pursuant to section 3 of that Act includes revocation) or amend a subordinate instrument. (3) A VAHP determination must— (a) be published in the Government Gazette; and (b) identify the Victorian Affordable Housing Program to which it applies; and (c) be in accordance with any requirements of the VAHP declaration to which it relates; and (d) specify the date on which the determination comes into operation, which must be a date after the date on which it is published in the Government Gazette; and (e) be published on the Department's Internet site. (4) A VAHP determination may include all or any of the following— (a) eligibility criteria for participation in the relevant Victorian Affordable Housing Program, whether as a provider, a renter (within the meaning of the **Residential Tenancies Act 1997**) or any other participant; (b) application processes; (c) selection processes for participation in the relevant Victorian Affordable Housing Program; (d) rent settings; (e) tenancy management; (f) tenure length or duration; (g) record keeping requirements; (h) requirements for information collection, requests for information and provision of information; (i) dispute resolution processes; (j) the date on which the determination expires; (k) any other matter necessary or convenient to give effect to the Victorian Affordable Housing Program or the VAHP declaration to which the determination relates; (l) any other matter associated with or ancillary to any matter referred to in paragraphs (a) to (k). S. 142JC inserted by No. 40/2022 s. 26. 142JC Homes Victoria powers and functions regarding Victorian Affordable Housing Programs (1) Without limiting any other power or function of Homes Victoria, Homes Victoria may exercise any of its powers under this Act in carrying out its functions, and has all powers necessary or convenient to carry out the functions of— (a) delivering or facilitating the delivery of affordable housing and affordable rental housing through the Victorian Affordable Housing Programs; and (b) administering the Victorian Affordable Housing Programs. (2) Without limiting subsection (1), Homes Victoria may do all or any of the following— (a) receive and assess applications to participate in a Victorian Affordable Housing Program; (b) assess and determine eligibility of applicants to participate in a Victorian Affordable Housing Program and select participants for a Victorian Affordable Housing Program; (c) enter into any contract, memorandum of understanding, deed or other agreement or arrangement for the purposes of carrying out any function referred to in subsection (1). Pt 9 (Heading and s. 143) inserted by No. 106/2004 s. 5. Part IX—Regulations S. 143 inserted by No. 106/2004 s. 5. 143 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing that by this Act is authorized or required or permitted to be prescribed or that is necessary to be prescribed for carrying this Act into effect. (2) Without limiting subsection (1) the regulations may prescribe— S. 143(2)(a) amended by No. 40/2022 s. 43(1). (a) the terms and conditions to be incorporated in agreements for the lease or sale of land between Homes Victoria and any person; (b) forms for use under this Act; S. 143(2)(c) amended by No. 40/2022 s. 43(1). (c) the rent payable in respect of any land or class of land of Homes Victoria and the circumstances in which and the conditions on which Homes Victoria may grant rebates of rent; (d) the registration of rental housing agencies, including the criteria for registration and for determining the category of registration; (e) the matters to be included in the Register of Housing Agencies; (f) fees for the purposes of Part VIII; S. 143(2)(fa) inserted by No. 75/2016 s. 9, amended by No. 40/2022 s. 43(1). (fa) access criteria to which Homes Victoria must have regard in determining whether to authorise a person, or class of person, to access the Victorian Housing Register; (g) a penalty of not more than 10 penalty units for any contravention of the regulations; S. 143(2)(h) amended by No. 40/2022 s. 43(1). (h) that, in addition to any penalty, any expense incurred by Homes Victoria or the Registrar in consequence of a breach of the regulations or in the execution of work directed by the regulations to be executed by any person and not executed by that person must be paid by the person committing that breach or failing to execute that work; (i) the procedure to be followed, the conditions to be complied with and any matters necessary to be prescribed for carrying the regulations into effect. (3) Regulations made under this Act— (a) may be of general or of specially limited application; (b) may differ according to differences in time, place or circumstance; (c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, whether wholly or partially or as amended by the regulations; S. 143(3)(d) amended by No. 40/2022 s. 43(2). (d) may leave any matter to be approved or determined by Homes Victoria or the Registrar. Pt 10 (Heading and s. 144) inserted by No. 106/2004 s. 6. Part X—Transitional S. 144 inserted by No. 106/2004 s. 6.