Queensland

QLD legislation

The Queensland Housing Act 2003 was amended on 1 January 2014 to include provisions which mirror the National Law.

Policy position on registration

The Queensland Government has made registration a condition of funding for social housing services under the Housing Act 2003. This is intended to support the development of a social housing industry, and ensure that the regulatory protections for tenants and assets apply to all publicly-funded social housing services.

• For more information on the administration and delivery of housing services in Queensland, please refer to Regulatory Services.

Separation of Policy and Funding decisions from Regulatory decisions

• Provisions of the National Law (made by NSW) are mirrored in the Housing Act 2003. Under section 36D the Chief Executive may appoint an appropriately qualified person as the Registrar. This occurs in accordance with requirements for appointment of Senior Executives under section 110 of the Public Service Act 2008.
• The Registrar is accountable and reports (gives advice and information) to the Minister and Chief Executive, however the Registrar is not subject to the control of the Minister or the Chief Executive in making decisions about registration (s36E).
• The Operational Agreement between Housing Services, Department of Housing and Public Works and the Registrar recognises the separate functions and decision-making responsibilities of the two organisations.
• The Contact Protocol between Housing Services, Department of Housing and Public Works and the Registrar places limits on how information will be shared between the two organisations.

QLD Definition of Community Housing Assets

The Queensland Housing Act 2003 and the relevant legislation of each other participating jurisdiction provide a definition of a community housing asset.

The definition of ‘community housing assets’ for Queensland is set out in Schedule 4 of the Housing Act 2003.

The table below provides a guide on what constitutes a community housing asset under the Housing Act 2003. The examples provided are not exhaustive.

What constitutes a community housing asset under the Housing Act 2003?

Below is a guide on what constitutes a Queensland Community Housing Asset under the Housing Act 2003. The examples provided are not exhaustive.

The conditions of registration include a requirement for a registered provider to keep a list of all of its community housing assets.

• Please refer to Schedule 2, section 7 of the Housing Act 2003, which mirrors section 15(2)(i) of the National Law.

In the event a provider ceases to operate, the provider’s community housing assets would be subject to the winding-up provisions of the organisation’s constitution. Those provisions must require the community housing assets to be transferred in accordance with the Housing Act 2003 or corresponding law of another participating jurisdiction. The community housing assets must be transferred to the appropriate jurisdictional Housing Agencies (the Department of Housing and Public Works or equivalents) or another registered community housing provider or other prescribed entity.

• Please refer to Schedule 3, section 2 of the Housing Act 2003, which sets out the Queensland requirement mirroring section 15(2)(c) of the National Law.
• For further information on the winding up clause requirements for an organisation’s constitution, please refer to the Regulatory Services.

Under the National Regulatory System for Community Housing, the Registrar may refuse an application from a provider for cancellation of the provider’s registration if the Registrar is not satisfied that each community housing asset of the provider has been transferred or otherwise dealt with in accordance with the community housing legislation of the participating jurisdiction that applies to the asset.

• Please refer to sections 37 G and 37 H of the Housing Act 2003, which set out the Queensland requirements in relation to cancellation of registration. These provisions mirror the intent in section 16 (2) of the National Law.

Community housing providers need to be aware that to assess and monitor an organisation’s compliance, the Registrar has the power to request information about the organisation’s affairs (see Schedule 2, section 4 of the Housing Act 2003, mirroring 15.2(e) of the National Law). This request may include information about assets other than community housing assets.