Housing Assistance Act 2007 (ACT)

This Act establishes the statutory framework for the provision and administration of housing assistance in the Australian Capital Territory. It creates the Commissioner for Social Housing (the housing commissioner) as a corporation, sets the housing commissioner’s powers and limits, authorises the Minister to approve housing assistance programs, and prescribes the decision‑making, review and reporting architecture for those programs (see s 9, s 10, s 11, s 19, s 20). The Act defines “housing assistance” broadly to include services, programs, assets, rebates and amounts, and ties eligibility to criteria set by approved programs (s 7, s 18, s 8). It also sets governance and accountability requirements: the Minister may give directions to the housing commissioner that must be followed (s 16), approvals of programs are disallowable instruments (s 19), and the housing commissioner’s determinations and guidelines addressing specified “relevant matters” are disallowable instruments (s 20, s 21).

Operational rules created by the Act include a market rent rule with an exception for rent rebates and a transitional cap mechanism for large rent increases (s 22), and an annual rent review obligation (s 23). The housing commissioner may require further information from applicants and current recipients and may refuse, suspend or cancel assistance for non‑compliance with information requirements; such decisions are reviewable (s 24, s 25, schedule 1). The Act enables the housing commissioner, subject to Ministerial or Executive approvals in specified circumstances, to enter contracts, own and dispose of property, form joint ventures with approvals, transfer and manage unleased territory land placed under the commissioner’s control, and provide assistance to registered community housing providers under conditions (s 10, s 13-s 15, s 32-s 34, s 25B).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Housing Assistance Act 2007 A2007-8 Republication No 19 Effective: 16 December 2025 Republication date: 16 December 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Housing Assistance Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Housing Assistance Act 2007 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 Part 2 Objects and important concepts 6 Objects of Act 3 7 What is housing assistance? 4 8 When is someone eligible for housing assistance? 4 Part 3 Housing Commissioner 9 Housing commissioner—establishment 5 10 Housing commissioner—powers generally 5 11 Housing commissioner—functions 5 12 Housing commissioner—no power for contracts of employment 6

Contents Page contents 2 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 Limits on housing commissioner—joint ventures 6 14 Notice of joint ventures 7 15 Limit on housing commissioner—large contracts 7 16 Housing commissioner—Ministerial directions 8 17 Housing commissioner—delegation 8 Part 4 Housing assistance programs 18 What is a housing assistance program? 9 19 Approved housing assistance programs 9 20 Approved housing assistance programs—determinations 9 21 Approved housing assistance programs—operational guidelines 10 22 Approved housing assistance programs—market rent 10 23 Approved housing assistance programs—rent review 11 24 Housing assistance applicants—requirement for further information 11 25 Housing assistance recipients—requirement for information 12 Part 4A Affordable and community housing programs 25A Definitions—pt 4A 14 25B Housing commissioner etc may give assistance to registered community housing provider 14 25C Affordable and community housing programs—housing commissioner to report to Minister 15 Part 4B Official visitors 25V Meaning of official visitor etc 16 25W Official visitors must give notice of visit 16 Part 5 Protection of information 28 Meaning of protected information—pt 5 18 Part 6 Commonwealth-Territory funding agreements 30 What is a Commonwealth-Territory funding agreement? 20 31 Notification of Commonwealth-Territory funding agreements 20 Part 6A Notification and review of decisions 31A Meaning of reviewable decision—pt 6A 21

Contents Page R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 31B Reviewable decision notices 21 31C Applications for review 21 Part 7 Miscellaneous 32 Placing unleased land under housing commissioner’s control 22 33 Unleased land placed under housing commissioner’s control—powers 22 34 Unneeded land may be returned 23 35 Information to Minister 24 36 Financial arrangements 24 37 Protection of officials from liability 24 38 Determination of fees 25 39 Approved forms 25 40 Regulation-making power 25 Schedule 1 Reviewable decisions 26 Dictionary 27 Endnotes 1 About the endnotes 29 2 Abbreviation key 29 3 Legislation history 30 4 Amendment history 33 5 Earlier republications 40 6 Expired transitional or validating provisions 41

R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Housing Assistance Act 2007 An Act to provide for housing assistance, and for other purposes

Part 1 Preliminary Section 1 page 2 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Housing Assistance Act 2007. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘housing assistance—see section 7.’ means that the term ‘housing assistance’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Objects and important concepts Part 2 Section 6 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Objects and important concepts 6 Objects of Act (1) The main objects of this Act are— (a) to maximise the opportunities for everyone in the ACT to have access to housing that is affordable, secure and appropriate to their needs; and (b) to facilitate the provision of housing assistance for those most in need; and (c) to maximise value for money in the provision of housing assistance; and (d) to promote a choice of forms of housing assistance, and providers of housing assistance, for entities eligible for housing assistance; and Note Entity includes a person—see the Legislation Act, dict, pt 1. (e) to facilitate the provision of rental housing that— (i) has adequate amenity, is of an adequate size and is appropriately located for employment opportunities and necessary services and facilities; and (ii) is coordinated with any support services (provided under other laws) required by consumers of housing assistance to live in the community; and (f) to facilitate the provision of an adequate supply of affordable home finance for people on low and moderate incomes; and (g) to promote the development of flexible and innovative financial arrangements to facilitate access to home ownership for people on low and moderate incomes; and

Part 2 Objects and important concepts Section 7 page 4 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) to promote the growth of a community housing sector as a viable alternative to public and private rental housing and home ownership; and (i) to promote the establishment of appropriate mechanisms and forums to allow input into housing policy by consumers, and potential consumers, of housing assistance and by representative non-government agencies involved in housing policy and provision. (2) A person administering this Act must have regard to the objects of the Act to the maximum extent practicable considering the resources available to the person. 7 What is housing assistance? In this Act: housing assistance means services, programs, assets, rebates and amounts, provided under an approved housing assistance program to help entities who are eligible for assistance under the program to meet their emergency, short-term, medium-term and long-term housing needs. Note Approved housing assistance program—see s 19. 8 When is someone eligible for housing assistance? For this Act, an entity is eligible for housing assistance if the entity meets the eligibility criteria under an approved housing assistance program. Note Entity includes a person—see the Legislation Act, dict, pt 1.

Housing Commissioner Part 3 Section 9 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Housing Commissioner 9 Housing commissioner—establishment (1) There is a Commissioner for Social Housing (the housing commissioner). (2) The housing commissioner is a corporation and must have a seal. (3) The director-general is the housing commissioner. 10 Housing commissioner—powers generally (1) The housing commissioner has all the powers of a person, unless expressly excluded by this Act. Examples of powers 1 to enter into a contract 2 to own and dispose of property 3 to sue and be sued 4 to act as a trustee Note 1 Person includes an individual and a corporation (see Legislation Act, dict, pt 1). Note 2 See s 12 to s 15 for limits on the housing commissioner’s powers. (2) Without limiting subsection (1), the housing commissioner may enter into arrangements with entities to provide housing assistance. Note Entity includes a person—see the Legislation Act, dict, pt 1. 11 Housing commissioner—functions (1) The housing commissioner has the following functions: (a) administering, on behalf of the Territory, programs and funding arrangements for delivering housing assistance in the ACT by way of— (i) public rental housing; and

Part 3 Housing Commissioner Section 12 page 6 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) home ownership; and (iii) financial assistance to home owners and tenants; and (iv) community housing; and (v) affordable housing; (b) administering, on behalf of the Territory, any services relating to housing assistance that the Minister approves under subsection (2). Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). (2) The Minister may approve stated services relating to housing assistance. (3) An approval is a notifiable instrument. 12 Housing commissioner—no power for contracts of employment The housing commissioner does not have the power to employ staff on a contract of employment. 13 Limits on housing commissioner—joint ventures (1) The housing commissioner must not— (a) enter into negotiations for a joint venture without the Minister’s prior written approval; or (b) enter into an agreement for a joint venture without the Executive’s prior written approval. (2) An approval under subsection (1)— (a) may apply generally or may relate to a particular proposed joint venture; and

Housing Commissioner Part 3 Section 14 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) may be given subject to the conditions or restrictions stated in the approval. 14 Notice of joint ventures (1) This section applies if the housing commissioner enters into an agreement for a joint venture. (2) The housing commissioner must, not later than 14 days after the day the commissioner enters into the agreement, give the Minister a written statement (the commissioner’s statement) setting out the details of, and the reasons for entering into, the agreement. (3) The Minister must present a copy of the commissioner’s statement to the Legislative Assembly not later than 6 sitting days after the day the Minister is given the statement. (4) However, the copy of the commissioner’s statement presented to the Legislative Assembly need not include any material that is commercially sensitive. (5) If commercially sensitive information is not included in the presented copy of the commissioner’s statement, the Minister must, when presenting the statement to the Legislative Assembly, also present a further statement setting out the general nature of the commercially sensitive information and the reason for it not being included in the presented statement. 15 Limit on housing commissioner—large contracts The housing commissioner must not, without the Minister’s prior written approval, enter into a contract which involves the payment or receipt of a total amount larger than $5 million.

Part 3 Housing Commissioner Section 16 page 8 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16 Housing commissioner—Ministerial directions (1) The Minister may give a direction to the housing commissioner about the exercise of the commissioner’s functions. (2) The housing commissioner must exercise the commissioner’s functions in accordance with any direction given by the Minister. (3) A direction is a notifiable instrument. 17 Housing commissioner—delegation The housing commissioner may delegate the commissioner’s functions under this Act or another territory law to a public servant. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Housing assistance programs Part 4 Section 18 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Housing assistance programs 18 What is a housing assistance program? In this Act: housing assistance program means a program for providing housing assistance that includes the following: (a) the kind of assistance that may be provided under the program; (b) the eligibility criteria for assistance under the program; (c) how decisions of the housing commissioner under the program may be reviewed. Note Housing assistance—see s 7. 19 Approved housing assistance programs (1) The Minister may approve a housing assistance program. (2) An approved housing assistance program is a disallowable instrument. 20 Approved housing assistance programs—determinations (1) The housing commissioner may make a determination for an approved housing assistance program. (2) A determination is— (a) for a determination that deals with a relevant matter—a disallowable instrument; or (b) for any other determination—a notifiable instrument. (3) In this section: relevant matter means— (a) the review of a person’s entitlement to housing assistance; or

Part 4 Housing assistance programs Section 21 page 10 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) requiring a person receiving housing assistance to move to alternate premises; or (c) eligibility for temporary housing assistance. 21 Approved housing assistance programs—operational guidelines (1) The housing commissioner may make guidelines for the management or operation of an approved housing assistance program. (2) A guideline is— (a) for a guideline that deals with a relevant matter—a disallowable instrument; or (b) for any other guideline—a notifiable instrument. (3) In this section: relevant matter—see section 20 (3). 22 Approved housing assistance programs—market rent (1) If housing is being rented to an entity under an approved housing assistance program, the entity must be charged market rent for the housing. (2) However, an approved housing assistance program may provide for a rebate of rent in accordance with the program. (3) Subsection (4) applies if— (a) an entity is currently being charged less than the market rent for the housing (disregarding any rent rebate); and (b) if the housing commissioner were to increase the rent to market rent—the increase would be more than the amount prescribed by regulation for the Residential Tenancies Act 1997, section 64B (Limitation on rent increases—amount).

Housing assistance programs Part 4 Section 23 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Despite subsection (1), the housing commissioner may decide to only increase the rent by an amount up to the prescribed amount. (5) In this section: market rent, for housing, means the rent that would be charged by the lessor for the housing if the housing were rented by a willing lessor to a willing tenant— (a) dealing with each other at arm’s length; and (b) each of whom had acted knowledgeably, sensibly and without compulsion. 23 Approved housing assistance programs—rent review The housing commissioner must review the rent charged for housing rented under an approved housing assistance program at least once each year. 24 Housing assistance applicants—requirement for further information (1) This section applies if an entity applies for housing assistance. (2) The housing commissioner may require the entity to give the commissioner further stated information that the commissioner reasonably needs to decide the application. Note Information includes a document—see the dictionary. (3) The housing commissioner may, by written notice to the entity, refuse the application if— (a) the requirement is made in writing; and (b) the requirement states a reasonable time (of at least 7 days after the day the requirement is given to the entity) for providing the information; and (c) the entity does not provide the information in accordance with the requirement.

Part 4 Housing assistance programs Section 25 page 12 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25 Housing assistance recipients—requirement for information (1) This section applies if an entity is receiving housing assistance. (2) The housing commissioner may, at any time, require the entity to give the commissioner stated information that the commissioner reasonably needs— (a) to review the housing assistance being provided to the entity; or (b) to provide housing assistance to the entity; or (c) for the good management of an approved housing assistance program or of assets held by the commissioner; or (d) to otherwise exercise the commissioner’s functions under this Act. Note Information includes a document—see the dictionary. (3) The housing commissioner may suspend or cancel all or part of the entity’s housing assistance if— (a) the requirement is made in writing; and (b) the requirement states a reasonable time (of at least 7 days after the day the requirement is given to the entity) for giving the information; and (c) the entity does not give the information in accordance with the requirement. Note The decision to suspend or cancel all or part of an entity’s housing assistance is a reviewable decision (see s 31A), and the housing commissioner must give a reviewable decision notice to the entity (see s 31B).

Housing assistance programs Part 4 Section 25 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The reviewable decision notice given to the entity must include— (a) a statement that the housing assistance is suspended or cancelled; and (b) when the suspension or cancellation begins; and (c) if housing assistance is suspended—when the suspension ends.

Part 4A Affordable and community housing programs Section 25A page 14 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4A Affordable and community housing programs 25A Definitions—pt 4A In this part: Community Housing Providers National Law (ACT) means the provisions applying because of the Community Housing Providers National Law (ACT) Act 2013, section 7. registered community housing provider—see the Community Housing Providers National Law (ACT), section 4 (1). 25B Housing commissioner etc may give assistance to registered community housing provider (1) The housing commissioner or another Territory entity may give assistance to a registered community housing provider. Examples—assistance by housing commissioner 1 a grant of money 2 a transfer of land 3 a lease of land or property for use as long-term affordable rental housing 4 a commercial partnership or joint venture between the housing commissioner and registered community housing provider Examples—assistance by Territory entity 1 a secured loan 2 a tax concession (2) Assistance may be given subject to conditions. (3) Nothing in this section requires the housing commissioner or a Territory entity to give assistance to a registered community housing provider.

Affordable and community housing programs Part 4A Section 25C R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25C Affordable and community housing programs—housing commissioner to report to Minister (1) The housing commissioner must, if asked by the Minister, give the Minister a written report about the assistance given to registered community housing providers under section 25B. (2) If the housing commissioner gives the Minister a report mentioned in subsection (1), the Minister must present the report to the Legislative Assembly within 6 sitting days after the day the Minister is given the report.

Part 4B Official visitors Section 25V page 16 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4B Official visitors Note At least 1 official visitor must be appointed for this Act under the Official Visitor Act 2012 (the OV Act). The OV Act sets out the functions of official visitors which includes visiting visitable places, handling complaints from entitled people and reporting on those matters. This part defines what is an entitled person and a visitable place for the OV Act. This part also prescribes other matters for the OV Act. 25V Meaning of official visitor etc In this Act: entitled person means a person— (a) who is homeless or at risk of homelessness who is staying in a visitable place; or (b) prescribed by regulation. official visitor, for a visitable place—see the Official Visitor Act 2012, section 6. visitable place means either of the following kinds of accommodation for people who are homeless or at risk of homelessness, provided by an entity funded by the Territory: (a) multiple occupancy supported accommodation; (b) single occupancy independent accommodation. 25W Official visitors must give notice of visit (1) An official visitor must give an operating entity for a visitable place written notice that the official visitor intends to visit the place at least 24 hours before the official visitor’s visit.

Official visitors Part 4B Section 25W R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, the official visitor may visit a visitable place without giving notice to the operating entity if— (a) for multiple occupancy supported accommodation— (i) the official visitor reasonably believes, or has been given a complaint, that an entitled person at the visitable place is at risk of abuse or harm; and (ii) the entitled person consents to the visit; or (b) for single occupancy independent accommodation—the official visitor reasonably believes, or has been given a complaint, that there is a serious risk to the health or welfare of an entitled person at the visitable place. (3) In this section: operating entity, for a visitable place, means— (a) if the Territory operates the place—the director-general; or (b) in any other case—the entity that operates the place.

Part 5 Protection of information Section 28 page 18 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Protection of information 28 Meaning of protected information—pt 5 (1) For this part, information is protected information if it— (a) identifies an entity that has applied for housing assistance as having applied for housing assistance; or (b) identifies an entity that is or has been a housing assistance recipient as a housing assistance recipient or former housing assistance recipient; or (c) identifies land that is a housing assistance property as a housing assistance property; or (d) is protected personal information about an entity that— (i) has applied for housing assistance; or (ii) is or has been a housing assistance recipient; or (e) is information prescribed by regulation for this definition; or (f) would allow something to which paragraph (a), (b), (c), (d) or (e) applies to be worked out. Note Entity includes a person—see the Legislation Act, dict, pt 1. (2) In this section: housing assistance property means— (a) land owned, controlled or held by the housing commissioner; or (b) land used by an entity contracted by the commissioner to provide housing assistance. Example of land controlled or held by the housing commissioner— par (a) land leased by the commissioner from a private landlord to provide public rental housing

Protection of information Part 5 Section 28 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Example of entity contracted by the housing commissioner—par (b) a community organisation that is contracted by the commissioner to operate a refuge housing assistance recipient means an entity receiving housing assistance. Examples of housing assistance recipients 1 a tenant of a housing assistance property 2 a person accommodated at a refuge or other residential facility that is operated by a community organisation receiving housing assistance to provide the accommodation protected personal information, about an entity that is or has been a housing assistance recipient, means— (a) the entity’s name, telephone number or address; or (b) any other information prescribed by regulation for this definition.

Part 6 Commonwealth-Territory funding agreements Section 30 page 20 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Commonwealth-Territory funding agreements 30 What is a Commonwealth-Territory funding agreement? In this Act: Commonwealth-Territory funding agreement means an agreement between the Commonwealth and the Territory for the Commonwealth to give financial assistance to the Territory for housing assistance or to promote the objects of this Act. 31 Notification of Commonwealth-Territory funding agreements (1) This section applies if the Territory enters into or amends a Commonwealth-Territory funding agreement. (2) The agreement or amendment is a notifiable instrument.

Notification and review of decisions Part 6A Section 31A R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6A Notification and review of decisions 31A Meaning of reviewable decision—pt 6A In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 31B Reviewable decision notices If the housing commissioner makes a reviewable decision, the commissioner must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The housing commissioner must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 31C Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Part 7 Miscellaneous Section 32 page 22 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 32 Placing unleased land under housing commissioner’s control (1) The Executive may direct the territory planning authority to place unleased territory land under the control of the housing commissioner. (2) However, if land that is placed under the housing commissioner’s control under subsection (1) is subject to an existing tenancy, the land is placed under the commissioner’s control subject to the tenancy. (3) To remove any doubt, the housing commissioner may exercise the commissioner’s powers under section 33 in relation to a tenancy to which subsection (2) applies, including, for example, by ending the tenancy. (4) A direction under subsection (1) is a notifiable instrument. (5) In this section: existing tenancy, for land placed under the housing commissioner’s control, means a tenancy that was in force immediately before the land was placed under the commissioner’s control. unleased territory land means territory land that is not leased under the Planning Act 2023 or the Unit Titles Act 2001. 33 Unleased land placed under housing commissioner’s control—powers (1) This section applies to land placed under the control of the housing commissioner under section 32. (2) The housing commissioner may do 1 or more of the following in relation to the land: (a) manage the land; (b) authorise people to enter the land;

Miscellaneous Part 7 Section 34 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) use the land in any way the commissioner considers appropriate for the commissioner’s functions; (d) arrange for the grant to someone else of a lease of, or licence to occupy, the land; (e) obtain a lease for the land in the name of the housing commissioner and transfer the lease; (f) if the land is held by an entity under a lease— (i) do anything in relation to the land that the Territory could do in relation to the land immediately before the land was placed under the commissioner’s control; or (ii) exercise any power under the Recovery of Lands Act 1929 that the Territory may exercise for the land under that Act on behalf of the Commonwealth. Note 1 The Recovery of Lands Act 1929 provides for the Territory to end a lease and take action against people. However, it does not apply to leases under the Residential Tenancies Act 1997. Note 2 See also the Planning Act 2023, s 382 for the recovery of land from a former lessee. (3) However, a lease or licence must not be granted by anyone for the land except with the housing commissioner’s prior written agreement. 34 Unneeded land may be returned (1) This section applies if the housing commissioner is satisfied that unleased land that has been placed under the commissioner’s control under section 32 is no longer needed for this Act. (2) The housing commissioner may, by instrument, surrender control of the land to the territory planning authority. (3) An instrument under subsection (2) is a notifiable instrument.

Part 7 Miscellaneous Section 35 page 24 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 35 Information to Minister (1) If the Minister asks the housing commissioner at any time to give the Minister information (including protected information) about any matter relating to the commissioner’s functions, the commissioner must comply with the request. (2) In this section: protected information—see section 28. 36 Financial arrangements (1) All amounts paid to or by the housing commissioner for this Act (including amounts paid under a Commonwealth-Territory funding agreement) must be paid into or out of a directorate banking account, or territory banking account, within the meaning of the Financial Management Act 1996. (2) To remove any doubt, amounts owed to, or paid to or by, the housing commissioner are amounts owed to, or paid to or by, the Territory. 37 Protection of officials from liability (1) In this section: official means— (a) the housing commissioner; or (b) anyone else exercising a function under this Act. (2) An official is not personally liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act.

Miscellaneous Part 7 Section 38 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Any liability that would, apart from this section, attach to an official attaches instead to the Territory. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any approved housing assistance program or regulation (see Legislation Act, s 104). 38 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument. 39 Approved forms (1) The housing commissioner may approve forms for this Act. (2) If the housing commissioner approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. 40 Regulation-making power The Executive may make regulations for this Act.

Schedule 1 Reviewable decisions page 26 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 6A) column 1 item column 2 section column 3 decision column 4 entity 1 24 refuse application for housing assistance applicant 2 25 suspend or cancel all or part of housing assistance provided to entity entity

Dictionary R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note The Legislation Act contains definitions relevant to this Act. For example: • ACAT • director-general (see s 163) • entity • exercise • function • reviewable decision notice • territory land • territory planning authority • year. affordable housing means housing that is affordable by people on low or moderate incomes. approved housing assistance program means a housing assistance program approved under section 19. Commonwealth-Territory funding agreement—see section 30. community housing means rental housing for— (a) people on low and moderate incomes or with special needs; or (b) nonprofit community organisations. Community Housing Providers National Law (ACT), for part 4A (Affordable and community housing programs)—see section 25A. eligible, for housing assistance—see section 8. entitled person—see section 25V. housing— (a) means residential housing and other forms of residential accommodation; and

Dictionary page 28 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) includes the fences, outbuildings and other improvements and the connections for utilities and other services provided or reasonably required for the accommodation. housing assistance—see section 7. housing assistance program—see section 18. housing commissioner means the Commissioner for Social Housing established under section 9. information includes a document. official visitor—see section 25V. protected information, for part 5 (Protection of information)—see section 28. registered community housing provider, for part 4A (Affordable and community housing programs)—see section 25A. reviewable decision, for part 6A (Notification and review of decisions—see section 31A. temporary housing assistance means housing assistance identified as temporary housing assistance in an approved housing assistance program. visitable place—see section 25V.

Endnotes About the endnotes 1 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 30 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Housing Assistance Act 2007 A2007-8 notified LR 10 May 2007 s 1, s 2 commenced 10 May 2007 (LA s 75 (1)) remainder commenced 10 November 2007 (s 2 and LA s 79) as modified by Housing Assistance Regulation 2008 SL2008-7 ss 3-5 notified LR 18 March 2008 s 1, s 2 commenced 18 March 2008 (LA s 75 (1)) remainder commenced 19 March 2008 (s 2) as amended by Housing Assistance Amendment Act 2008 A2008-33 notified LR 2 September 2008 s 1, s 2 commenced 2 September 2008 (LA s 75 (1)) remainder commenced 2 March 2009 (s 2 and LA s 79) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.56 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.56 commenced 2 March 2009 (s 2 (2) and see A2008-33, s 2 and LA s 79) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.42 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.42 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.39 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.39 commenced 17 December 2009 (s 2) Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.8 notified LR 13 May 2010 s 1, s 2 commenced 13 May 2010 (LA s 75 (1)) sch 3 pt 3.8 commenced 3 June 2010 (s 2)

Endnotes Legislation history 3 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.81 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.81 commenced 1 July 2011 (s 2 (1)) Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.20 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.20 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4) Official Visitor Act 2012 A2012-33 sch 1 pt 1.4 notified LR 15 June 2012 s 1, s 2 commenced 15 June 2012 (LA s 75 (1)) sch 1 pt 1.4 commenced 1 September 2013 (s 2 as am by A2013-22 s 4) Community Housing Providers National Law (ACT) Act 2013 A2013-18 sch 1 pt 1.1 notified LR 23 May 2013 s 1, s 2 commenced 23 May 2013 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 January 2014 (s 2 and CN2013-10) Official Visitor Amendment Act 2013 A2013-22 sch 1 pt 1.4 notified LR 17 June 2013 s 1, s 2 commenced 17 June 2013 (LA s 75 (1)) sch 1 pt 1.4 commenced 1 September 2013 (s 2 and see Official Visitor Act 2012 A2012-33 s 2 as am by this Act) Freedom of Information Act 2016 A2016-55 sch 4 pt 4.16 (as am by A2017-14 s 19) notified LR 26 August 2016 s 1, s 2 commenced 26 August 2016 (LA s 75 (1)) sch 4 pt 4.16 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)

Endnotes 3 Legislation history page 32 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) s 19 commenced 24 May 2017 (s 2 (1)) Note This Act only amends the Freedom of Information Act 2016 A2016-55. Official Visitor Amendment Act 2019 A2019-29 sch 1 pt 1.4 notified LR 2 October 2019 s 1, s 2 commenced 2 October 2019 (LA s 75 (1)) sch 1 pt 1.4 commenced 3 October 2019 (s 2 (2)) Residential Tenancies Legislation Amendment Act 2023 A2023-5 sch 1 notified LR 27 March 2023 s 1, s 2 commenced 27 March 2023 (LA s 75 (1)) sch 1 amdt 1.2 commenced 28 March 2023 (s 2 (2)) sch 1 remainder commenced 1 April 2023 (s 2 (3) and CN2023-1) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.35 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.35 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29 sch 1 pt 1.5 notified LR 9 July 2024 s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2)) sch 1 pt 1.5 commenced 16 July 2024 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.93 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.93 commenced 16 December 2025 (s 2 (6))

Endnotes Amendment history 4 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Offences against Act—application of Criminal Code etc s 5 om A2010-18 amdt 3.9 Objects of Act s 6 hdg sub A2009-49 amdt 3.89 Housing commissioner—establishment s 9 am A2011-22 amdt 1.251; A2011-48 amdt 1.32 Housing commissioner—functions s 11 am A2008-33 s 4; A2025-29 amdt 4.93 Housing commissioner—Ministerial directions s 16 am A2025-29 amdt 4.93 Housing commissioner—delegation s 17 am A2008-33 s 5; A2013-18 amdt 1.1 What is a housing assistance program? s 18 am A2025-29 amdt 4.93 Approved housing assistance programs s 19 am A2025-29 amdt 4.93 Approved housing assistance programs—determinations s 20 sub A2023-5 amdt 1.1 Approved housing assistance programs—operational guidelines s 21 sub A2023-5 amdt 1.1 Approved housing assistance programs—market rent s 22 am A2023-5 amdt 1.2; ss renum R14 LA; A2024-29 amdt 1.11 Housing assistance recipients—requirement for information s 25 am A2008-37 amdt 1.241 Affordable and community housing programs pt 4A hdg ins A2008-33 s 7 sub A2013-18 amdt 1.2 Affordable and community housing providers div 4A.1 hdg ins A2008-33 s 7 om A2013-18 amdt 1.2 Definitions—pt 4A s 25A ins A2008-33 s 7 sub A2013-18 amdt 1.2 def Community Housing Providers National Law (ACT) ins A2013-18 amdt 1.2

Endnotes 4 Amendment history page 34 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def registered community housing provider ins A2013-18 amdt 1.2 Housing commissioner etc may give assistance to registered community housing provider s 25B ins A2008-33 s 7 sub A2013-18 amdt 1.2 Affordable and community housing programs—housing commissioner to report to Minister s 25C ins A2008-33 s 7 sub A2013-18 amdt 1.2 Public access—register s 25D ins A2008-33 s 7 om A2013-18 amdt 1.2 Notice about changes of particulars in register s 25E ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable housing provider—eligibility criteria s 25F ins A2008-33 s 7 om A2013-18 amdt 1.2 Community housing provider—eligibility criteria s 25G ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing providers—trustees and subsidiaries s 25H ins A2008-33 s 7 om A2013-18 amdt 1.2 Community housing providers—standards s 25I ins A2008-33 s 7 om A2013-18 amdt 1.2 Community housing providers—compliance with standards s 25J ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing providers—monitoring guidelines s 25K ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing providers—compliance with monitoring guidelines s 25L ins A2008-33 s 7 om A2013-18 amdt 1.2

Endnotes Amendment history 4 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Affordable and community housing providers—monitoring standards, guidelines etc s 25M ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing providers—report to housing commissioner s 25N ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing providers—changes to constitution or rules s 25O ins A2008-33 s 7 om A2013-18 amdt 1.2 Exemption from requirement or approval—changes to constitution or rules s 25P ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing programs div 4A.2 hdg ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing programs—housing commissioner may give assistance s 25Q ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing programs—requirement for information etc s 25R ins A2008-33 s 7 om A2013-18 amdt 1.2 Housing commissioner’s functions div 4A.3 hdg ins A2008-33 s 7 om A2013-18 amdt 1.2 Housing commissioner’s functions—housing commissioner may intervene s 25S ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing providers—removal from register s 25T ins A2008-33 s 7 om A2013-18 amdt 1.2 Affordable and community housing programs—housing commissioner to report to Minister s 25U ins A2008-33 s 7 om A2013-18 amdt 1.2

Endnotes 4 Amendment history page 36 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Official visitors pt 4B hdg ins A2012-33 amdt 1.34 note am A2013-22 amdt 1.22 Meaning of official visitor etc s 25V hdg sub A2013-22 amdt 1.23 s 25V ins A2012-33 amdt 1.34 am A2013-22 amdt 1.24; A2019-29 amdt 1.11 Official visitors must give notice of visit s 25W hdg am A2013-22 amdt 1.25 s 25W ins A2012-33 amdt 1.34 am A2013-22 amdts 1.25-1.28; A2019-29 amdt 1.12 Requirements for information—AAT review s 26 om A2008-33 s 6 Requirements for information—notice of reviewable decisions s 27 om A2008-33 s 6 FOI Act exemption—documents containing protected information s 29 om A2016-55 amdt 4.20 Notification of Commonwealth-Territory funding agreements s 31 am A2025-29 amdt 4.93 Notification and review of decisions pt 6A hdg ins A2008-33 s 8 sub A2008-37 amdt 1.242 Meaning of reviewable decision—pt 6A s 31A ins A2008-33 s 8 sub A2008-37 amdt 1.242 Reviewable decision notices s 31B ins A2008-33 s 7 sub A2008-37 amdt 1.242 am A2025-29 amdt 4.93 Applications for review s 31C ins A2008-37 amdt 1.242 am A2025-29 amdt 4.93 Placing unleased land under housing commissioner’s control s 32 am A2009-49 amdt 3.90; A2023-36 amdt 1.183, amdt 1.184; A2025-29 amdt 4.93 Unleased land placed under housing commissioner’s control—powers s 33 am A2009-49 amdt 3.91; A2023-36 amdt 1.185 Unneeded land may be returned s 34 am A2023-36 amdt 1.186; A2025-29 amdt 4.93

Endnotes Amendment history 4 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Financial arrangements s 36 am A2009-49 amdt 3.92; A2011-22 amdt 1.252 Determination of fees s 38 am A2025-29 amdt 4.93 Approved forms s 39 am A2025-29 amdt 4.93 Regulation-making power s 40 am A2025-29 amdt 4.93 Legislation amended—sch 1 s 41 om LA s 89 (3) Legislation repealed s 42 om LA s 89 (3) Transitional—Housing Assistance Act 1987 pt 10 hdg exp 10 November 2008 (s 110) Definitions—pt 10 s 100 exp 10 November 2008 (s 110) def old Act exp 10 November 2008 (s 110) def old housing assistance program exp 10 November 2008 (s 110) Transitional—rights and liabilities under old Act s 101 mod SL2008-7 s 3 (1)-(3), (4) exp 10 November 2008 (s 110 (LA s 88 declaration applies)) (3A)-(3C) exp 10 November 2008 (s 101 (3C)) Transitional—corresponding housing assistance programs and things s 102 exp 10 November 2008 (s 110 (LA s 88 declaration applies)) Transitional—mentions of commissioner s 102A ins as mod SL2008-7 s 4 exp 10 November 2008 (s 102A (2)) Transitional—uncompleted applications for AAT review s 103 exp 10 November 2008 (s 110 (LA s 88 declaration applies)) Transitional—other uncompleted proceedings s 103A ins as mod SL2008-7 s 5 exp 10 November 2008 (s 103A (5) (LA s 88 declaration applies)) Transitional—sensitive information under old Act s 104 exp 10 November 2008 (s 110 (LA s 88 declaration applies))

Endnotes 4 Amendment history page 38 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Transitional—notification of existing Commonwealth-Territory funding agreements s 105 exp 10 November 2008 (s 110) Transitional—land placed under control of housing commissioner under old Act s 106 exp 10 November 2008 (s 110 (LA s 88 declaration applies)) Transitional—standard residential tenancy terms, cl 36 s 107 exp 10 November 2008 (s 110 (LA s 88 declaration applies)) Transitional—outdated references to old Act s 108 exp 10 November 2008 (s 110 (LA s 88 declaration applies)) Transitional regulations s 109 exp 10 November 2008 (s 110 (LA s 88 declaration applies)) Expiry—pt 10 s 110 exp 10 November 2008 (s 110) Transitional—Residential Tenancies Legislation Amendment Act 2023 pt 11 hdg ins A2023-5 amdt 1.3 exp 1 April 2024 (s 114) Meaning of commencement day—pt 11 s 111 ins A2023-5 amdt 1.3 exp 1 April 2024 (s 114) Housing assistance program determinations s 112 ins A2023-5 amdt 1.3 exp 1 April 2024 (s 114) Operational guidelines s 113 ins A2023-5 amdt 1.3 exp 1 April 2024 (s 114) Expiry—pt 11 s 114 ins A2023-5 amdt 1.3 exp 1 April 2024 (s 114) Reviewable decisions sch 1 ins A2008-37 amdt 1.243 am A2009-20 amdt 3.99, amdt 3.100; items renum R5 LA; A2013-18 amdt 1.3 Consequential amendments sch 1 pt 1.1 om LA s 89 (1) (b) sch 1 pts 1.2-1.11 om LA s 89 (3)

Endnotes Amendment history 4 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict am A2008-37 amdt 1.244; A2009-49 amdt 3.93, amdt 3.94; A2011-22 amdt 1.253; A2012-33 amdt 1.35; A2013-22 amdt 1.29; A2023-5 amdt 1.4; A2023-36 amdt 1.187 def affordable housing ins A2008-33 s 9 def Community Housing Providers National Law (ACT) ins A2013-18 amdt 1.4 def company limited by guarantee ins A2008-33 s 9 om A2013-18 amdt 1.5 def company limited by shares ins A2008-33 s 9 om A2013-18 amdt 1.5 def entitled person ins A2012-33 amdt 1.36 def housing provider ins A2008-33 s 9 om A2013-18 amdt 1.5 def incorporated association ins A2008-33 s 9 om A2013-18 amdt 1.5 def monitoring guidelines ins A2008-33 s 9 om A2013-18 amdt 1.5 def official visitor ins A2013-22 amdt 1.30 def registered community housing provider ins A2013-18 amdt 1.6 def reviewable decision ins A2008-37 amdt 1.245 def standards ins A2008-33 s 9 om A2013-18 amdt 1.7 def temporary housing assistance ins A2023-5 amdt 1.5 def visitable place ins A2012-33 amdt 1.36

Endnotes 5 Earlier republications page 40 Housing Assistance Act 2007 Effective: 16/12/25 R19 16/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 10 Nov 2007 10 Nov 2007– 18 Mar 2008 not amended new Act R2 19 Mar 2008 19 Mar 2008– 10 Nov 2008 not amended modification by SL2008-7 R3 11 Nov 2008 11 Nov 2008– 1 Mar 2009 A2008-37 commenced expiry R4 2 Mar 2009 2 Mar 2009– 21 Sept 2009 A2008-37 amendments by A2008-33 and A2008-37 R5 22 Sept 2009 22 Sept 2009– 16 Dec 2009 A2009-20 amendments by A2009-20 R6 17 Dec 2009 17 Dec 2009– 2 June 2010 A2009-49 amendments by A2010-49 R7 3 June 2010 3 June 2010– 30 June 2011 A2010-18 amendments by A2010-18 R8 1 July 2011 1 July 2011– 29 Feb 2012 A2011-22 amendments by A2011-22 R9 1 Mar 2012 1 Mar 2012– 31 Aug 2013 A2011-48 amendments by A2011-48 R10 1 Sept 2013 1 Sept 2013– 31 Dec 2013 A2013-22 amendments by A2012-33 and A2013-22 R11 1 Jan 2014 1 Jan 2014– 31 Dec 2017 A2013-22 amendments by A2013-18

Endnotes Expired transitional or validating provisions 6 R19 16/12/25 Housing Assistance Act 2007 Effective: 16/12/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R12 1 Jan 2018 1 Jan 2018– 2 Oct 2019 A2017-14 amendments by A2016-55 as amended by A2017-14 R13 3 Oct 2019 3 Oct 2019– 27 Mar 2023 A2019-29 amendments by A2019-29 R14 28 Mar 2023 28 Mar 2023– 31 Mar 2023 A2023-5 amendments by A2023-5 R15 1 Apr 2023 1 Apr 2023– 26 Nov 2023 A2023-5 amendments by A2023-5 R16 27 Nov 2023 27 Nov 2023– 1 Apr 2024 A2023-36 amendments by A2023-36 R17 2 Apr 2024 2 Apr 2024– 15 July 2024 A2023-36 expiry of transitional provisions (pt 11) R18 16 July 2024 16 July 2024– 15 Dec 2025 A2024-29 amendments by A2024-29 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2025

The Act organises a set of core concepts that structure authority, entitlements and processes. The primary substantive concept is “housing assistance”, defined as services, programs, assets, rebates and amounts provided under an approved housing assistance program to help eligible entities meet housing needs across emergency, short, medium and long terms (s 7). Eligibility itself is program‑specific: an entity is eligible only if it meets the eligibility criteria in an approved housing assistance program (s 8). The Act distinguishes approved housing assistance programs from determinations and operational guidelines: the Minister approves programs as disallowable instruments (s 19) while the housing commissioner may make program determinations and operational guidelines that are either disallowable or notifiable instruments depending on whether they address specified “relevant matters” (s 20, s 21). Relevant matters are defined as review of entitlement, requiring a person to move to alternate premises, and eligibility for temporary assistance (s 20(3)).

The housing commissioner is the statutory entity charged with administering programs and funding arrangements on behalf of the Territory, and the director‑general is the housing commissioner (s 9(1)‑(3)). The housing commissioner is incorporated, must have a seal and has general powers of a person, including entering contracts, owning and disposing of property, and acting as trustee, subject to limits in the Act (s 9(2), s 10). The Act places explicit limits on certain activities: joint ventures require Ministerial or Executive approval and post‑transaction disclosure to the Legislative Assembly subject to commercial sensitivity (s 13, s 14), contracts above $5 million need prior Ministerial approval (s 15), and the commissioner cannot employ staff under an employment contract (s 12).

Financial and property concepts are also present. Market rent is defined by reference to willing lessor and willing tenant at arm’s length, with the commissioner required to charge market rent except where the approved program provides a rent rebate (s 22). Annual rent review is mandatory (s 23). The Executive can direct the Territory planning authority to place unleased Territory land under the commissioner’s control (s 32), and once under control the commissioner has specified powers including management, granting leases or licences subject to the commissioner’s prior agreement, and return of unneeded land to the planning authority (s 33, s 34). “Protected information” is defined to cover information that identifies applicants, recipients or housing assistance property, or protected personal information such as name, telephone number or address of a recipient (s 28). The Act requires the housing commissioner to provide protected information to the Minister on request (s 35).

Administrative law and review concepts are embedded. The Act creates a schedule of reviewable decisions and requires the commissioner to give reviewable decision notices (pt 6A, schedule 1). Review rights are channelled to the ACT Civil and Administrative Tribunal under the ACAT Act via s 31C and the notes, and the commissioner must take reasonable steps to notify affected persons (s 31B). Official visitors for visitable places are defined and bound by the Official Visitor Act 2012, with the Act specifying what counts as a visitable place and notice rules for visits (pt 4B, s 25V, s 25W).

The Act relies on subordinate instruments. Determinations, operational guidelines and approved forms are notifiable or disallowable instruments as specified (s 20, s 21, s 39). The Executive may make regulations (s 40). The Act also interacts with other statutory regimes identified in the text, for example the Community Housing Providers National Law (ACT) in pt 4A, the Residential Tenancies Act 1997 by reference in s 22(3), the Official Visitor Act 2012 for official visiting functions (pt 4B), the Planning Act 2023 in relation to territory land (s 33 note), and the Financial Management Act 1996 for banking accounts (s 36). Those references create procedural and compliance cross‑links that determine how the housing commissioner’s actions operate in a wider legal framework.

The Act affects several categories of actors that are explicit in the text. Primary claimants are entities who apply for or receive housing assistance. “Entity” has the broad meaning used in the Legislation Act and therefore includes individuals and corporations, but eligibility is measured against criteria in approved housing assistance programs (s 7, s 8, s 18). Applicants face information obligations because the housing commissioner may require additional information to decide an application and may refuse applications if a written requirement for information, providing at least seven days, is not complied with (s 24). Recipients are subject to continuing information obligations; the commissioner may require information for review, management or other functions and may suspend or cancel assistance for failure to supply required information after a written notice allowing at least seven days, with such decisions being reviewable (s 25, schedule 1 item 2).

Registered community housing providers are directly affected by part 4A. The Act permits the housing commissioner and other Territory entities to give assistance to a registered community housing provider, examples including grants, transfers of land, leases, joint ventures or secured loans and tax concessions, and assistance may be given subject to conditions but is not compulsory (s 25A, s 25B). The housing commissioner must report on such assistance to the Minister on request and the Minister must table the report in the Legislative Assembly within six sitting days (s 25C). The Community Housing Providers National Law (ACT) is invoked in defining registered providers (s 25A).

Public officials and the Minister are affected in their roles. The Act designates the director‑general as the housing commissioner (s 9(3)), gives the Minister a power to approve housing assistance programs (s 19), to give directions to the housing commissioner that the commissioner must follow (s 16), and to request protected information from the housing commissioner, which must be provided (s 35). The Minister also determines fees under the Act (s 38). The Executive and the Territory planning authority are affected through powers to place unleased Territory land under the commissioner’s control and related directions that are notifiable instruments (s 32).

Operating entities of visitable places for people who are homeless or at risk of homelessness are affected by the official visitor regime. The Act defines “visitable place” and requires operating entities to receive written notice of intended visits at least 24 hours in advance, subject to specified emergency exceptions where the visitor may attend without notice if there is reason to believe an entitled person is at risk and the person consents, or where there is a serious risk to health or welfare for single occupancy independent accommodation (s 25V, s 25W).

Private lessors and tenants of land placed under the commissioner’s control are affected. The Executive may place unleased territory land under the commissioner’s control via the planning authority (s 32). If that land is subject to an existing tenancy, it is placed under control subject to that tenancy while the housing commissioner may nevertheless exercise powers in relation to the tenancy including ending it (s 32(2)‑(3)). The commissioner may manage the land, grant leases or licences, or obtain and transfer leases in the commissioner’s name, with a caveat that a lease or licence must not be granted except with the commissioner’s prior written agreement (s 33).

The Commonwealth and funding bodies are also implicated. Commonwealth‑Territory funding agreements intended to provide financial assistance for housing assistance or promoting the Act’s objects are defined and must be notified as notifiable instruments when entered into or amended (s 30, s 31). Finally, the Act affects persons and entities whose interests are impacted by reviewable decisions, because those persons may apply to the ACT Civil and Administrative Tribunal for review (s 31C). The Act therefore distributes duties and entitlements across a mix of private applicants, community housing providers, public officials, the Minister and the Executive.

The Act imposes operational duties on the housing commissioner, procedural duties on applicants and recipients, duties on the Minister and Executive, and rights of review for affected persons. The housing commissioner’s core function is to administer programs and funding arrangements for housing assistance on behalf of the Territory in relation to public rental housing, home ownership, financial assistance, community housing and affordable housing, and any services the Minister approves (s 11). The commissioner has broad powers of a person to perform those functions (s 10(1)‑(2)) but is subject to specific limits: it cannot employ staff under a contract of employment (s 12); it must obtain the Minister’s prior written approval before negotiating or entering joint ventures (s 13); and it must gain the Executive’s prior written approval before entering into a joint venture agreement (s 13(1)(b)). Contracts exceeding $5 million require the Minister’s prior written approval (s 15). Ministerial directions about the exercise of functions are binding on the housing commissioner (s 16(1)‑(3)).

Applicants face a clear duty to respond to information requests. If the housing commissioner reasonably needs further information to decide an application, the commissioner may make a written requirement specifying a reasonable time of at least seven days; failure to provide required information allows the commissioner to refuse the application (s 24). Recipients similarly have an ongoing duty to provide information required for reviews, program management, provision of assistance or other functions; failure to comply with a written requirement that allows at least seven days may result in suspension or cancellation of assistance (s 25(1)‑(3)). The commissioner must give a reviewable decision notice when suspending or cancelling assistance and the notice must state that the assistance is suspended or cancelled, when it begins, and if suspended when it ends (s 25(4)).

The Minister has a duty and power to approve housing assistance programs as disallowable instruments (s 19). The housing commissioner may then make program determinations and guidelines; those dealing with relevant matters are disallowable instruments, otherwise they are notifiable instruments (s 20, s 21). The Minister may also determine fees to be charged under the Act and those determinations are disallowable instruments (s 38). The Executive has the duty to direct the Territory planning authority to place unleased Territory land under the commissioner’s control when so directed (s 32(1)). The housing commissioner is then bound to manage such land in ways set out in the Act (s 33).

Rights are principally procedural. Entities affected by reviewable decisions can apply to ACAT for review; schedule 1 lists the reviewable decisions, explicitly including refusal of an application and suspension or cancellation of housing assistance (schedule 1 items 1 and 2, s 31C). The housing commissioner must give reviewable decision notices to entities mentioned in schedule 1 (s 31B). The Act also provides a limited right of access to information through the Minister: the housing commissioner must supply information, including protected information, to the Minister on request (s 35), but note that “protected information” is otherwise defined and subject to protection (s 28). Official visitors exercise statutory functions under the Official Visitor Act 2012 with notice requirements in this Act where operating entities must be notified at least 24 hours before a visit unless specific emergency conditions apply (s 25W).

Other duties that shape administration include the requirement that the housing commissioner must review rents at least once each year for housing rented under an approved program (s 23), and the requirement to charge market rent except where the program provides for a rent rebate and subject to a mechanism limiting how large a single increase can be (s 22). Financial duties include the obligation to account for amounts paid to or by the housing commissioner through directorate or territory banking accounts under the Financial Management Act 1996 (s 36(1)). Officials are protected from personal liability for honest, non‑reckless actions in the exercise of functions under the Act, with any liability attaching to the Territory instead (s 37).

The Act does not create a wide catalogue of new criminal offences in the body text that require explicit maximum penalties within the Act. It does, however, provide for administrative enforcement mechanisms, financial governance controls and a limited statutory protection from personal liability for officials. Enforcement against applicants and recipients operates mainly through administrative sanctions rather than criminal penalties. The housing commissioner may refuse an application (s 24) or suspend or cancel housing assistance (s 25(3)) for non‑compliance with written information requirements. Those administrative decisions are reviewable under the ACAT framework and are listed as reviewable decisions in schedule 1 (schedule 1 items 1 and 2, s 31A, s 31B, s 31C).

The Act prescribes limits on commissioner contracting and joint ventures which are enforced by requiring Ministerial or Executive approval for negotiations or agreements, and for large contracts above $5 million (s 13, s 15). The Minister is obliged to present to the Legislative Assembly a written statement explaining reasons for entering joint venture agreements within six sitting days and may omit commercially sensitive material from the published copy but must present a statement of the general nature of that information and the reason for omission (s 14). These procedural requirements create parliamentary visibility and a political accountability mechanism rather than a specified statutory sanction.

Financial controls are mandated. All amounts paid to or by the housing commissioner for this Act must be paid into or out of a directorate banking account or a territory banking account as defined in the Financial Management Act 1996 (s 36(1)). The Act clarifies that amounts owed to or paid to or by the housing commissioner are amounts owed to or paid to or by the Territory (s 36(2)). That arrangement channels enforcement and recovery mechanisms through Territory financial processes rather than through a separate corporate account. The Recovery of Lands Act 1929 is referenced as a power the commissioner may exercise on behalf of the Commonwealth for certain lands placed under control, but the Act notes limitations including that the Recovery of Lands Act does not apply to leases under the Residential Tenancies Act 1997 (s 33(2)(ii), note).

The Act provides protection for officials. Officials acting honestly and without recklessness are not personally liable for actions in the exercise of functions under the Act; any liability attaches to the Territory instead (s 37(2)‑(3)). That provision limits the exposure of public officials and shapes enforcement against agencies rather than individuals.

Administrative instruments are subject to disallowance and notification rules which create oversight and a mechanism for legislative review. The Minister’s approval of programs is a disallowable instrument (s 19). Housing commissioner determinations and guidelines that deal with relevant matters are disallowable instruments (s 20(2)(a), s 21(2)(a)). The Executive’s directions and other notifiable instruments must be recorded and published as required, facilitating transparency and parliamentary oversight.

Finally, penalty unit values applicable to offences against this Act are set by reference in the republication preface: at the republication date a penalty unit is $160 for an individual and $810 for a corporation under the Legislation Act 2001, s 133. The Act itself does not specify a schedule of fines in the core provisions; where offences exist in associated instruments or regulations, the penalty unit values apply.

The Act is explicitly cross‑referenced to several other statutory instruments and regimes, creating dependencies and delegated governance pathways. First, the Legislation Act underpins definitions and instrument rules. The dictionary uses terms from the Legislation Act and signposts that definitions apply across the Act (s 3, dictionary notes). Disallowable and notifiable instrument treatment of program approvals, determinations, guidelines and forms places these instruments within the procedural architecture of the Legislation Act for disallowance and notification.

The Official Visitor Act 2012 governs the functions of official visitors and the Act’s part 4B defines who is an entitled person and what counts as a visitable place for the Official Visitor Act, while imposing notice rules and exceptions (pt 4B, s 25V, s 25W). That means official visiting powers, complaint handling and reporting are exercised under the OV Act subject to the additional definitions and notice requirements in this Act.

The Act links to the Community Housing Providers National Law (ACT) through part 4A. Registered community housing providers are defined by reference to the Community Housing Providers National Law (ACT) and the Act enables the housing commissioner and other Territory entities to provide assistance to registered providers (s 25A, s 25B). That cross‑reference embeds community housing providers within a national regulatory framework while allowing local assistance arrangements and reporting obligations under s 25C.

Residential tenancy law is invoked. Section 22(3) references the Residential Tenancies Act 1997 for a prescribed amount that limits how large a rent increase may be at one time when bringing rents up to market. Section 33(2)(ii) notes that the Recovery of Lands Act 1929 provides for actions the Territory may take for land but does not apply to leases under the Residential Tenancies Act 1997. These cross‑references mean that rent increase procedures, tenant protections and eviction processes under tenancy law remain relevant when the commissioner adjusts rents or exercises land recovery powers.

The Act interacts with the Planning Act 2023. The Executive may direct the Territory planning authority to place unleased Territory land under the housing commissioner’s control (s 32). The Act includes a note referencing the Planning Act 2023 s 382 for recovery of land from a former lessee (s 33 note). That creates a statutory mechanism for using planning land management processes to transfer control to housing administration, and it situates housing land management within the broader planning regime.

Financial management is tied to the Financial Management Act 1996. Section 36 requires that all amounts paid to or by the housing commissioner be handled through directorate or territory banking accounts within the meaning of the Financial Management Act 1996. This subjects housing financial flows to Territory accounting and audit frameworks set out in financial management law.

Administrative review is handled through the ACT Civil and Administrative Tribunal Act 2008. The Act makes reviewable certain decisions and mandates review rights to ACAT; the housing commissioner must take reasonable steps to give reviewable decision notices to affected parties in accordance with ACAT Act requirements (s 31B, s 31C, and the note referencing ACT Civil and Administrative Tribunal Act 2008 s 67A). This interaction sets ACAT as the dispute resolution venue for listed reviewable decisions.

The Freedom of Information Act 2016 appears in the amendment history and endnotes as having modified the Act’s treatment of documents containing protected information, but the main text defines “protected information” and prescribes that the housing commissioner must provide protected information to the Minister upon the Minister’s request (s 28, s 35). The interaction between the Act’s protections and FOI regimes will be determined by how FOI exemptions and obligations apply to documents held by the commissioner. Finally, the Recovery of Lands Act 1929 is referenced for powers the commissioner may exercise on behalf of the Territory for land placed under control (s 33(2)(ii)), though it is noted that that Act does not apply to Residential Tenancies Act leases.

These cross‑references mean that the housing commissioner’s actions will be shaped by multiple legal frameworks, and compliance requires attention to program instrument formality, tenancy law, planning law, national community housing regulation, financial management and administrative law review processes.

The Act has been amended repeatedly since its enactment in 2007. The republication and endnotes in the provided text list amendments and the statutes responsible, with commencement timing for various provisions. The principal amendments and insertions documented in the endnotes include: structural and definitional changes early on (A2008‑33 and related instruments), the insertion of a framework for official visitors (Official Visitor Act 2012, A2012‑33), incorporation of the Community Housing Providers National Law (ACT) and adjustments to part 4A (A2013‑18), changes following the Freedom of Information Act 2016 and later related amendments (A2016‑55 and A2017‑14), and regulatory adjustments linked to residential tenancies and planning (A2023‑5, A2023‑36). Most recently, the act as republished includes amendments made by A2024‑29 and A2025‑29, with several sections amended in 2025 (endnotes 3 and 4).

Key textual movements recorded in the amendment history include:

Creation and modification of part 4A (affordable and community housing programs) in 2008 and subsequent adjustments tied to the Community Housing Providers National Law (ACT) in 2013 (see amendment history entries relating to A2008‑33 and A2013‑18). Those amendments added definitions such as registered community housing provider and enabled the housing commissioner and Territory entities to provide conditional assistance to registered providers (s 25A‑s 25C).
The addition of part 4B for official visitors following the Official Visitor Act 2012 and associated commencement adjustments in 2013 (pt 4B, s 25V, s 25W).
Changes to housing assistance program determinations and operational guidelines during the Residential Tenancies Legislation Amendment Act 2023 (A2023‑5) which reclassified certain determinations and guidelines dealing with “relevant matters” as disallowable instruments (s 20, s 21 expressions, and amendment history referencing A2023‑5).
Adjustments to s 22 concerning market rent and limitations on rent increases were made by the Residential Tenancies Legislation Amendment Act 2023 (A2023‑5) and subsequently renumbered and amended (s 22, amendment history).
Modifications affecting land control and powers of the housing commissioner under s 32 and s 33 were made by the Planning (Consequential Amendments) Act 2023 (A2023‑36), reflecting alignment with the Planning Act 2023 and related land recovery mechanisms.
The most recent amendment sweep recorded is Statute Law Amendment Act 2025 (A2025‑29) which amended multiple provisions including s 11 (functions), s 16 (Ministerial directions), s 18 and s 19 (program definitions and approvals), and parts of the reviewable decisions machinery (s 31B, s 31C), and made other consequential amendments (see endnotes 3 and 4).

The endnotes provide precise commencement dates and note that some amendments were taken to have earlier commencement dates by legislative declaration. The republication notes also flag editorial amendments under the Legislation Act 2001 part 11.3 which are formal drafting alignments rather than policy changes. The amendment history lists expired transitional provisions, including transitional settings from the earlier Housing Assistance Act 1987 and temporary provisions related to the 2023 tenancy amendments which have since expired.

For legal practitioners and compliance officers, the amendment history in the endnotes is the authoritative trail to identify which versions of the text applied at given times. Because the Act integrates with other regimes, some amendments were made to align definitions and instrument classifications with those regimes, so any historical compliance or contractual obligations should be checked against the point‑in‑time version of the Act and its notifiable or disallowable instruments. The republication includes the chronology of legislative instruments that modified the Act and notes which provisions were inserted, substituted, omitted or expired, permitting a reconstruction of legal obligations over time.

The republished Act text and its endnotes do not identify judicial or tribunal cases interpreting the Act. The Act sets out internal review and external review channels rather than naming case law. Where the text addresses dispute and review mechanisms, it does so by reference to administrative review through the ACT Civil and Administrative Tribunal. Reviewable decisions are specified in schedule 1 and include refusal of an application for housing assistance and suspension or cancellation of housing assistance (schedule 1 items 1 and 2). The Act requires the housing commissioner to give reviewable decision notices to the entities listed in schedule 1 when those decisions are made (s 31B). The explanatory note referencing the ACAT Act indicates that the housing commissioner must take reasonable steps to give reviewable decision notices to any other person whose interests are affected by the decision, cross‑referencing the ACAT Act s 67A in a note (s 31B note).

The Act makes clear the pathway for external challenge: section 31C allows applicants named in schedule 1, column 4 or any other person whose interests are affected, to apply to ACAT for review of a reviewable decision. That statutory design makes ACAT the primary venue for administrative disputes under the Act. The Act itself does not contain provisions conferring original jurisdiction to courts for these matters; instead review is channelled to the tribunal in accordance with the ACAT Act. Practitioners concerned with potential litigation should therefore expect reviews and appeals to be shaped by ACAT procedures and the general administrative law principles that ACAT applies.

Because the Act cross‑references other regimes with litigation consequences, disputes may also engage the Residential Tenancies Act 1997, the Planning Act 2023 and finance or land recovery statutes depending on the activity giving rise to the dispute (for example, rent increases, tenancy terminations, land recovery). The Act’s provisions that property and financial actions by the commissioner are amounts owed to the Territory (s 36(2)) and that official actions are protected from personal liability (s 37) will influence how claims against officials or the commissioner are framed and where liability attaches. Any court action concerning those elements would need to consider these statutory allocations of liability.

The Act’s requirement that joint ventures and large contracts obtain prior Ministerial or Executive approval and that joint venture statements be tabled in the Legislative Assembly (s 13, s 14, s 15) creates a public record that may be relevant evidence in any judicial or tribunal proceeding about propriety or compliance. Similarly, the disallowable classification for program approvals and certain determinations and guidelines (s 19, s 20, s 21) means those instruments are subject to parliamentary oversight and challenge by disallowance rather than judicial review, although judicial review of exercise of statutory power may still be available under general administrative law.

In short, the Act embeds administrative review through ACAT for specified decisions but the republished text does not list any judicial or tribunal decisions interpreting the Act. Practitioners should therefore chart potential litigation exposures against the ACAT pathway for reviewable decisions, and against the ancillary statutes that the Act references for tenancy, planning and financial matters.

Several operational and legal traps arise directly from the Act’s wording and the cross‑referenced statutes. These are concrete points that often catch practitioners, operating entities and applicants.

Binding Ministerial directions. The Minister may give directions to the housing commissioner about the exercise of the commissioner’s functions and the commissioner must exercise functions in accordance with any direction (s 16(1)‑(2)). This is not a discretionary consultative power. Where the housing commissioner’s operational decisions are subject to Ministerial direction, agency independence is constrained and decisions can be overturned by an instruction the commissioner must follow. Practitioners should record whether decisions were made pursuant to an express Ministerial direction.
Reviewable decisions and timeframes on information requests. The housing commissioner can refuse an application or suspend/cancel assistance for failure to provide further information, but the written requirement must state a reasonable time of at least seven days (s 24(2)‑(3), s 25(2)‑(3)). Failure to observe form or timing requirements may render the refusal or suspension procedurally vulnerable. The Act explicitly makes those outcomes reviewable and mandates reviewable decision notices with specified content (s 25(4), schedule 1, s 31B). Ensure written notices obey the minimum seven‑day threshold and record service.
Market rent rule with rebate and cap. The commissioner must charge market rent for housing under approved programs but programs may provide rebates (s 22(1)‑(2)). If the current rent is below market and bringing it to market would exceed the amount prescribed for the Residential Tenancies Act 1997, s 64B, the commissioner may limit a single increase to the prescribed amount (s 22(3)‑(4)). Practitioners must reconcile program rebate rules with tenancy law thresholds and check which regime determines the maximum single increase in any specific case.
Joint venture and large contract approvals, and disclosure. The housing commissioner must not enter into joint venture negotiations or agreements without Ministerial or Executive approval respectively, and must notify the Minister and Legislative Assembly after entering an agreement within 14 days (s 13, s 14). Contracts over $5 million require prior Ministerial approval (s 15). Delays in securing approvals or failures to notify can render transactions non‑compliant; conversely, permitted non‑disclosure of commercially sensitive information to the Assembly requires the Minister to table a further statement explaining the omission (s 14(4)‑(5)). Practitioners should build approval timelines and classification of commercially sensitive material into transaction planning.
Employment limitations. The housing commissioner does not have power to employ staff on a contract of employment (s 12). Human resources arrangements for personnel working in housing programs must be structured through other Territory employment frameworks. This may have budgetary and industrial relations implications.
Protection of information vs Ministerial requests. The Act defines “protected information” broadly and protects recipients’ identities, addresses and other information (s 28). At the same time the housing commissioner must provide information, including protected information, to the Minister on request (s 35). This creates a tension between privacy protections and Ministerial oversight that must be managed carefully. Data handling, FOI interactions and internal records need clear protocols to identify when disclosure to the Minister is mandatory.
Land control and tenancy interactions. Unleased Territory land can be placed under the housing commissioner’s control by Executive direction through the Territory planning authority (s 32). If the land is subject to an existing tenancy, it is placed under control subject to that tenancy, but the commissioner may exercise powers in relation to the tenancy, including ending it (s 32(2)‑(3)). Practitioners should ensure that pre‑existing tenancy rights are evaluated before land transfers to avoid disputes about the exercise of powers affecting tenants.
Official visitor notice rules and exceptions. Official visitors must give operating entities 24 hours written notice before visiting a visitable place (s 25W(1)). Exceptions exist for reasonable belief or complaints of risk to an entitled person and require either the person’s consent for multiple occupancy supported accommodation or a reasonable belief of serious risk in single occupancy independent accommodation (s 25W(2)). Operators should implement processes to respond to visitor notices and to manage emergency access situations, ensuring consent protocols are recorded.
Instrument classification matters. Whether a determination or guideline is a disallowable or notifiable instrument depends on whether it deals with a “relevant matter” (s 20(2), s 21(2)). Misclassification can invalidate the procedural steps required for parliamentary oversight. Practitioners advising on drafting or approving instruments should apply the “relevant matter” test in s 20(3) carefully.
Liability allocation. Officials are protected from personal liability for actions taken honestly and without recklessness in the exercise of functions; any liability that would otherwise attach to the official attaches to the Territory (s 37(2)‑(3)). That shifts exposure from individuals to the Territory, which has implications for risk assessment and indemnity arrangements.
Discretion to give assistance to registered community housing providers. The housing commissioner and Territory entities may give assistance to registered community housing providers, but the Act explicitly does not require them to do so (s 25B(3)). Registered providers should not assume an entitlement to assistance; funding or transfers are discretionary and may be conditional.

These are not hypothetical risks. Each “gotcha” is grounded in the Act’s text and shows where formality, timing, statutory classifications and overlapping statutory duties can produce legal or operational consequences.

Compliance requires attention to instrument formality, administrative process, recordkeeping, information handling, approvals, notifications and review pathways. The following checklist maps statutory requirements to practical steps, citing the relevant provisions.

Program approvals and instruments
- Ensure any housing assistance program is approved by the Minister as a disallowable instrument (s 19). Practitioners drafting programs must prepare them for disallowance scrutiny and parliamentary oversight.
- When the housing commissioner prepares determinations or operational guidelines, classify them against the “relevant matter” test in s 20(3). If they deal with entitlement reviews, requiring a move to alternate premises or eligibility for temporary assistance, they must be disallowable instruments (s 20(2)(a), s 21(2)(a)). Otherwise they are notifiable instruments (s 20(2)(b), s 21(2)(b).
Information requirements and notices
- Use written requirements to request further information from applicants or recipients and allow a reasonable time of at least seven days (s 24(2), s 25(2)). Record the date and method of service. Non‑compliance grounds for refusal, suspension or cancellation apply only where the statutory notice and timeframe have been respected (s 24(3), s 25(3)).
- If suspending or cancelling assistance, issue a reviewable decision notice that states the action, when it begins and, if suspended, when it ends (s 25(4), schedule 1). Keep evidence of delivery as ACAT review relies on procedural fairness.
Rent setting and reviews
- Charge market rent for housing unless the program provides for a rebate (s 22(1)‑(2)). Document market rent assessments using the market rent definition in s 22(5).
- If an increase to market rent would exceed the prescribed amount in the Residential Tenancies Act 1997, s 64B, consider phasing increases and record any decision to limit a single increase to the prescribed amount (s 22(3)‑(4)). Conduct rent reviews at least annually and document outcomes (s 23).
Contracting, joint ventures and large contracts
- Obtain the Minister’s prior written approval before entering negotiations for a joint venture and the Executive’s prior written approval before entering a joint venture agreement (s 13(1)). For contracts involving payment or receipt above $5 million, obtain the Minister’s prior written approval (s 15). Factor approval timelines into procurement planning.
- If entering a joint venture agreement, prepare the commissioner’s statement required within 14 days and be ready to present it to the Legislative Assembly subject to the commercial sensitivity carve‑out, including a public statement explaining omitted information (s 14).
Land control and tenancy interactions
- If the Executive directs the Territory planning authority to place land under the commissioner’s control, ensure documentation of the direction as a notifiable instrument (s 32(1), s 32(4)). Assess existing tenancies; land is placed under control subject to any existing tenancy but the commissioner may exercise powers in relation to the tenancy, including termination (s 32(2)‑(3)). Record basis for any tenancy decisions and recovery actions under the Recovery of Lands Act 1929 where applicable (s 33(2)(ii), note).
Assistance to registered community housing providers
- When providing assistance to registered community housing providers, document the legal basis under s 25B and any conditions attached (s 25B(1)‑(2)). Recognise there is no statutory entitlement to assistance (s 25B(3)). If asked by the Minister, prepare written reports for tabling in the Legislative Assembly within six sitting days after receipt (s 25C).
Official visitor access
- For operating entities, put processes in place to receive and respond to written notice of official visitor intentions at least 24 hours before the visit (s 25W(1)). Maintain referral pathways for emergencies where visitors may attend without notice if an entitled person is at risk and either the person consents (multiple occupancy supported accommodation) or there is a reasonable belief of serious risk (single occupancy independent accommodation) (s 25W(2)).
Information protection and Ministerial requests
- Treat information identifying applicants, recipients or housing assistance properties as protected information and apply appropriate privacy safeguards and access controls (s 28). Record the basis for classifying information as protected.
- Be prepared to provide protected information to the Minister upon request, documenting the Minister’s request and the provision of information, since s 35 makes compliance mandatory. Ensure protocols align with FOI and privacy obligations when applicable.
Financial management and banking
- Manage all amounts paid to or by the housing commissioner through directorate or territory banking accounts consistent with the Financial Management Act 1996 and maintain audited records (s 36(1)). Recognise that amounts are amounts owed to or by the Territory (s 36(2)).
Liability, indemnity and official conduct
- Ensure staff and officers understand s 37 protections: officials acting honestly and without recklessness are not personally liable and liability attaches to the Territory instead. Establish internal procedures to document decision‑making to demonstrate honesty and absence of recklessness.
Instrument drafting and parliamentary oversight
- Draft approvals, determinations, guidelines and fee determinations with the correct instrument classification and ensure procedural steps are followed for disallowable or notifiable instruments (s 19, s 20, s 21, s 38). Use the housing commissioner’s approved forms where required and publish them as notifiable instruments (s 39).
Review readiness
- When taking actions that could be reviewable under schedule 1, maintain documentary evidence of procedural fairness such as notices, reasons, timeframes and records of service, because entities affected by reviewable decisions have ACAT review rights (s 31B, s 31C).
Cross‑statute coordination
- Check applicable parts of the Residential Tenancies Act 1997, the Planning Act 2023, the Community Housing Providers National Law (ACT), the Official Visitor Act 2012, and financial management legislation when taking actions that engage those regimes. The Act references these regimes and compliance obligations span multiple statutes (s 22(3), s 33 note, s 25A).

Following these steps, recording decisions and maintaining compliance registers for approvals, notices, instrument classifications, protected information disclosures and reviewable decisions will reduce procedural risk and facilitate prompt responses to review or oversight processes.

Housing Assistance Act 2007

Plain English Summary

Deep Dive

What it does

Current sections

Housing Assistance Act 2007

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply