Types of engagement responses

The types of engagement responses available to regulators are varied and differ in the level of time and resources required by both the regulator and the provider. The intensity of the engagement is broadly related to the importance and urgency that the regulator places on the situation and information. There will be different levels of regulatory engagement for providers with different risk indicators.

Compliance engagement is generally based on a staged and escalating approach. The National Law gives Registrars the power to take enforcement action if the Registrar reasonably believes a provider is not complying with the community housing legislation in a participating jurisdiction.

Triggered engagements is not based on legislative escalation but is determined on a case by case basis taking into account a number of factors, the intended outcome and the suite of responses available.

Intended outcome Type of engagement responses

Establishing the truth/ sense of justice

  • request for more information
  • onsite visit
  • contact with other regulators, Registrars or housing agencies (or equivalent)
  • discussion with Chair and/or CEO
  • board meeting observation
  • investigation

Relationship building and
increased visibility

  • onsite visit
  • discussion with Chair and/or CEO
  • board meeting observation

Encourage the development, viability and quality of community housing

  • capacity building and education
  • discussion with Chair and/or CEO
  • board meeting observation
  • targeted compliance assessment

Strengthening good practice

  • capacity building and education
  • encourage and support
  • presentation to board
  • onsite visit

Assurance to the sector, tenants, funders and investors

  • capacity building and education
  • discussion with Chair and/or CEO
  • board meeting observation
  • request for more information
  • onsite visit
  • contact with other regulators, Registrars or housing agencies (or equivalent)
  • standard compliance assessment
  • targeted compliance assessment
  • investigation

Monitoring outcomes and requirements under the National Law

  • lines of enquiry
  • inspections
  • standard compliance assessment
  • targeted compliance assessment
  • investigation

Legislation and compliance

  • Community Housing Providers National Law (the National Law)
  • Community Housing Providers (Adoption of National Law) Act 2012 (NSW) and adopted or mirrored legislation passed in other participating jurisdictions.

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