Housing Assistance (Form of Agreement) Determination 2008
Bilateral Agreements under this AgreemenBilateral Agreements under this Agreement
Start here
Get a plain-English read of Bilateral Agreements under this Agreemen
Turn the raw legal text into a practical explanation grounded in Housing Assistance (Form of Agreement) Determination 2008.
Bilateral Agreements under this Agreement
6(1) (a) Within the scope of this Agreement, and in accordance with its principles and outcomes, the Commonwealth and each State will negotiate and enter into a Bilateral Agreement for Grant Years one to five. The Bilateral Agreement will be deemed to commence on the commencement date for this Agreement.
(ab) The parties to this Agreement agree that the Bilateral Agreements entered into under subclause 6(1)(a) will continue to remain in force for Grant Year six on the basis that:
(i) the provisions (other than those specifying performance measures or indicators, reports and milestones) in each Bilateral Agreement that applied in Grant Year five continue to apply in Grant Year six to the extent the requirements in those provisions are ongoing or are yet to be fully completed. This subclause 6(1)(ab)(i) requires that each State, in Grant Year six, continue to progress the performance of its Grant Year five Identified Program and housing assistance targets, outputs, objectives and outcomes (and associated, strategies, actions and activities) as specified in or agreed under its Bilateral Agreement;
(ii) the performance measures for Grant Year six, to be provided to the Commonwealth by 31 March 2009, are the following summary data items endorsed under the National Housing Data Agreement:
(A) S0 to S3 inclusive, S5 and S6 and OR2 for Public housing and State-owned and managed indigenous housing;
(B) OR2 for Community Housing; and
(C) C6 for Crisis Accommodation.
(iii) there are no milestones for Grant Year six;
(iv) the funding for Grant Year six is to be determined in accordance with clause 4 of this Agreement;
(v) the reporting requirements for Grant Year six are those set out in subclauses 4(32), 4(33A), 4(34A) and 4(35A); and
(vi) to the extent of any inconsistency between the provisions of this Agreement and a Bilateral Agreement, as they apply to Grant Year six, the provisions of this Agreement take precedence.
(ac) The Bilateral Agreements entered into under subclause 6(1)(a) will expire on the same date as completion of the term of this Agreement.
(b) Bilateral Agreements will be agreed by the Minister and each State Minister.
(c) Bilateral Agreements will outline arrangements for the planning by a State of the housing assistance to be provided out of Commonwealth Financial Assistance and out of State Grants and State housing funds. Unless varied by agreement between the Minister and the State Minister, Bilateral Agreements will include the following matters in respect of Grant Years one to five:
(i) level and nature of housing need in a State;
(ii) the environment faced by a State in providing housing assistance, including social, economic and market pressures and the funds and assets available;