sec.38DStatutory managers

### sec.38D Statutory managers The registrar may, by instrument, appoint a person (a statutory manager ) to conduct the affairs and activities of a registered provider, to the extent the affairs and activities relate to the provider’s community housing assets. A decision by the registrar to appoint a statutory manager is reviewable—see section 63 (2) (f) . The registrar may appoint a statutory manager only if— the registrar has given the provider a notice of intent to cancel registration; or the registrar is satisfied the provider has failed to comply with any of the following and urgent steps are required because the failure to comply has potentially serious consequences— this Act; if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider; binding instructions given to the provider. a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants The statutory manager’s instrument of appointment must state the following— the statutory manager’s name; details of the registered provider; details of the statutory manager’s functions and powers; the day the appointment takes effect; either— the day the appointment ends; or that the appointment continues until the registrar gives notice that the appointment has ended; any conditions of the appointment; any other matter the registrar considers appropriate. A copy of the instrument of appointment must be given to the registered provider. The statutory manager— has the functions and powers stated in the manager’s instrument of appointment; and holds office on the conditions stated in the manager’s instrument of appointment. If a person appointed as statutory manager is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive. A registered provider must not, while a statutory manager is appointed for the provider, perform a function or exercise a power the statutory manager has been appointed to perform or exercise unless the statutory manager agrees to the provider performing the function or exercising the power. A failure to comply with subsection (7) is not an offence but may be a ground for the cancellation of the registered provider’s registration. The registrar must revoke the statutory manager’s appointment if the registrar is satisfied— the registered provider is complying, or will comply— with this Act and any binding instructions given to the provider; and if the provider is a national provider—with each corresponding law that applies to the provider; or the provider no longer provides a community housing service— in this jurisdiction; and if the provider is a national provider—in any other participating jurisdiction; or the registered provider has been wound up or has otherwise ceased to exist. s 38D ins 2013 No. 5 s 23 (sec.38D-ssec.1) The registrar may, by instrument, appoint a person (a statutory manager ) to conduct the affairs and activities of a registered provider, to the extent the affairs and activities relate to the provider’s community housing assets. A decision by the registrar to appoint a statutory manager is reviewable—see section 63 (2) (f) . (sec.38D-ssec.2) The registrar may appoint a statutory manager only if— the registrar has given the provider a notice of intent to cancel registration; or the registrar is satisfied the provider has failed to comply with any of the following and urgent steps are required because the failure to comply has potentially serious consequences— this Act; if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider; binding instructions given to the provider. a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants (sec.38D-ssec.3) The statutory manager’s instrument of appointment must state the following— the statutory manager’s name; details of the registered provider; details of the statutory manager’s functions and powers; the day the appointment takes effect; either— the day the appointment ends; or that the appointment continues until the registrar gives notice that the appointment has ended; any conditions of the appointment; any other matter the registrar considers appropriate. (sec.38D-ssec.4) A copy of the instrument of appointment must be given to the registered provider. (sec.38D-ssec.5) The statutory manager— has the functions and powers stated in the manager’s instrument of appointment; and holds office on the conditions stated in the manager’s instrument of appointment. (sec.38D-ssec.6) If a person appointed as statutory manager is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive. (sec.38D-ssec.7) A registered provider must not, while a statutory manager is appointed for the provider, perform a function or exercise a power the statutory manager has been appointed to perform or exercise unless the statutory manager agrees to the provider performing the function or exercising the power. A failure to comply with subsection (7) is not an offence but may be a ground for the cancellation of the registered provider’s registration. (sec.38D-ssec.8) The registrar must revoke the statutory manager’s appointment if the registrar is satisfied— the registered provider is complying, or will comply— with this Act and any binding instructions given to the provider; and if the provider is a national provider—with each corresponding law that applies to the provider; or the provider no longer provides a community housing service— in this jurisdiction; and if the provider is a national provider—in any other participating jurisdiction; or the registered provider has been wound up or has otherwise ceased to exist. - (a) the registrar has given the provider a notice of intent to cancel registration; or - (b) the registrar is satisfied the provider has failed to comply with any of the following and urgent steps are required because the failure to comply has potentially serious consequences— (i) this Act; (ii) if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider; (iii) binding instructions given to the provider. Example of potentially serious consequences— a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants - (i) this Act; - (ii) if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider; - (iii) binding instructions given to the provider. Example of potentially serious consequences— a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants - (i) this Act; - (ii) if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider; - (iii) binding instructions given to the provider. Example of potentially serious consequences— a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants - (a) the statutory manager’s name; - (b) details of the registered provider; - (c) details of the statutory manager’s functions and powers; - (d) the day the appointment takes effect; - (e) either— (i) the day the appointment ends; or (ii) that the appointment continues until the registrar gives notice that the appointment has ended; - (i) the day the appointment ends; or - (ii) that the appointment continues until the registrar gives notice that the appointment has ended; - (f) any conditions of the appointment; - (g) any other matter the registrar considers appropriate. - (i) the day the appointment ends; or - (ii) that the appointment continues until the registrar gives notice that the appointment has ended; - (a) has the functions and powers stated in the manager’s instrument of appointment; and - (b) holds office on the conditions stated in the manager’s instrument of appointment. - (a) the registered provider is complying, or will comply— (i) with this Act and any binding instructions given to the provider; and (ii) if the provider is a national provider—with each corresponding law that applies to the provider; or - (i) with this Act and any binding instructions given to the provider; and - (ii) if the provider is a national provider—with each corresponding law that applies to the provider; or - (b) the provider no longer provides a community housing service— (i) in this jurisdiction; and (ii) if the provider is a national provider—in any other participating jurisdiction; or - (i) in this jurisdiction; and - (ii) if the provider is a national provider—in any other participating jurisdiction; or - (c) the registered provider has been wound up or has otherwise ceased to exist. - (i) with this Act and any binding instructions given to the provider; and - (ii) if the provider is a national provider—with each corresponding law that applies to the provider; or - (i) in this jurisdiction; and - (ii) if the provider is a national provider—in any other participating jurisdiction; or