Application process

Preparation

Providers should prepare for the registration process. Providers can prepare by nominating a main contact, ensuring their account details are current, attending any available briefings or workshops, and understanding the requirements that apply to their organisation, including any multi-jurisdictional obligations.

Where there is demand, Registrars may organise briefings and/or workshops to help providers understand the registration process.

Nominate a main contact

Providers must nominate a contact person.  The Nominated Main Contact is the person in the provider’s organisation responsible for overseeing the registration and/or compliance process.

Community Housing Regulatory Information System (CHRIS)

Providers applying for registration as a community housing provider complete the process online through the Community Housing Regulatory Information System (CHRIS). Each provider has a CHRIS account that contains basic business information, including contact details for the Nominated Main Contact.

Multi-jurisdictional providers

Providers operating in more than one jurisdiction only need to apply once, through their primary Registrar. Multi-jurisdictional providers must show they comply, or can comply, with the relevant policies in each housing agency jurisdiction where they operate.

Introduction to an Analyst

Each Registrar decides who carries out registration assessments in their office. In this guide, ‘Analyst’ means the person responsible for carrying out a provider’s registration assessment. The Analyst is the provider’s main point of contact for questions about the registration process. Usually, the Analyst will contact the Nominated Main Contact at least one week before the registration process commences.

 

Eligibility and Tier Form (ETF)

Registrars use the ETF to confirm whether an organisation is eligible to apply for registration as a community housing provider and to determine the provider’s provisional tier.

Housing providers have 14 days from the start date to complete and submit the ETF. The due date is included in the email and shown at the top of the form.

After submitting the ETF, the Nominated Main Contact receives an automated email confirming it has been received.

The ETF is usually assessed within 7 - 14 days. The ETF assessment determines whether the provider is eligible for registration and its registration category, commonly referred to as its tier.

Record entity details

The ETF asks providers to enter standard business information, including the organisation’s name, address, entity type, and ABN or ACN. Providers will also be asked to provide the following details:

  • main client groups – a person or group of persons who receive services from your organisation
  • primary product or service – the product or service that generates the most income or funding for your organisation
  • other income sources – Any other products or services that generate income and are not included as primary products or services
  • regulatory or reporting bodies – other agencies  that have a regulatory or reporting relationship with the organisation
  • details of affiliated entities
  • details of partnerships.

This information is recorded and maintained on the organisation’s account page in CHRIS.

Record affiliated entity arrangements (if applicable)

Where relevant, providers must  provide details of any affiliated entities and attach supporting documents, as described in the  Affiliated Entity Arrangement Guidance. This helps demonstrate how the provider is structured, governed and supported by related entities or arrangements. Information required includes:

  • group structures, including how the provider is connected to any related organisations
  • relationships with persons who are in a position to influence the provider, such as persons defined as ‘affiliated entities’ under section 228 of the Corporations Act where the provider is a public company
  • arrangements where the provider has outsourced one or more functions that are relevant to meeting its obligations under the National Law.
Record partnerships

Providers may be involved in partnership arrangements that support their operations, services or registration activities. Providers are asked to record details of the following four types of partnership:

  • outsourced service partnerships
  • formal support partnerships
  • development engagements, contracts and agreements
  • community engagement partnerships.

In some cases, a partner may also be an affiliated entity and should be recorded as both where applicable.

Record key contacts

Providers are asked to create or confirm the key contact people for their organisation. This helps ensure the registration assessment uses current contact details and that the right people can be contacted if further information is needed. Providers should enter the following contacts:

  • Chair or equivalent, such as a President
  • Public Officer or equivalent, such as a company secretary
  • Treasurer
  • Chief Executive or equivalent, such as a General Manager
  • External auditor.
Attach the constitution

Providers should attach their constitution or equivalent document. The Analyst will use this to check whether the provider has the required winding up provision in its constitution or equivalent document, as required under section 15(2)(c) of the National Law. Providers will be ineligible for registration unless this provision is included.

Some providers may already be making changes to their constitution, or taking other action, to meet this condition of registration. Providers should clearly state in the ETF what action is being taken and when it is expected to be completed. This information may affect the assessment timetable.

For more information, refer to the  Developing a winding up provision guidance.

Record community housing assets

At the ETF stage, providers seeking registration are required to provide:

·         the total number of community housing assets currently owned and managed; and

·         a projection of any community housing asset growth anticipated over the next two years.

Some providers seeking registration may have no current community housing assets but have a plan to operate at a particular scale. Any anticipated or projected community housing assets will be recorded at the ETF stage and used to determine the provider’s tier of registration.

At the Application for Registration (AFR) stage, providers will be required to record and maintain a list of their properties in the Community Housing Regulatory Information System (CHRIS).

For more information visit the Recording and maintaining property data page.

Tenancy and property management activities

The scale of community housing tenancy management activities is generally classified as follows:

  • small-scale or lower risk, if the provider is responsible for managing fewer than 100 tenancies
  • moderate-scale or moderate risk, if the provider is responsible for managing between 50 and 500 tenancies
  • large-scale or higher risk, if the provider is responsible for managing more than 350 tenancies.

These definitions are deliberately presented as ranges to show that a provider’s scale is considered alongside other attributes, such as:

  • whether properties are owned or managed under contract, lease or another agreement, and the proportion of properties in each category
  • the extent of asset management responsibilities, such as whether the provider remains responsible for structural maintenance
  • development activities.

Providers seeking registration may initially have no current community housing assets but have a specific plan to operate at a particular scale.

Attach evidence

When completing the ETF, providers may choose to attach supporting evidence. In some cases, supporting evidence may be mandatory.

Use the available user guides to help prepare, upload and submit evidence documents in CHRIS.

Note: User guides are available in Knowledge Articles within CHRIS and provide step-by-step instructions for key processes.

Submit the ETF

Follow these steps to submit a completed ETF:

  1. Save the form.
  2. On page two of the ETF, tick the Ready to submit ETF checkbox and click Finish.
  3. Review any system messages. The system will check whether the form has been completed correctly. Error messages will appear if the form is not ready for submission. Once all required information has been completed, save the form.
  4. Click Submit for Approval. This button will only appear after the form has been saved and is ready to submit.

After the ETF is successfully submitted, a confirmation email will be sent to the Nominated Main Contact. If the confirmation email is not received, the housing provider should contact the Analyst to confirm the ETF has been submitted successfully.

Access to information submitted to the Registrar

Once the ETF or application has been submitted to the Registrar, providers cannot update or amend the submitted information. This includes adding or removing supporting evidence. This helps ensure the Analyst can assess a stable version of the information and is aware of any changes that may affect the assessment.

If a provider needs to amend a submitted return, they should contact the Analyst for assistance.

ETF assessment completed

The Nominated Main Contact will receive an email when the ETF assessment is complete. The email will either invite the provider to complete the application for registration in the provisional tier or advise that a decision has been made to refuse the provider’s application.

Providers who are not assessed as eligible at this stage, and have not provided sufficient evidence of their intention to comply with the eligibility requirements, will be contacted before a formal decision is made. They will be given written reasons for the determination.

Housing providers will have an opportunity to respond, typically within 14 days, before a final decision is made.

Application for Registration (AFR) Return

Providers who are assessed as eligible to apply are invited to complete the Application for Registration Return (the Return). During this stage providers will submit supporting evidence and complete the financial performance report (FPR).

As with the ETF, the application for registration is completed on CHRIS. Supporting documents are also submitted via the system.

The Return is structured by performance outcome.  The National Regulatory Code sets out the performance requirements that registered housing providers must comply with in providing community housing under the National Law. Under each performance outcome providers are asked to enter information and attach evidence to enable the assessment of all performance requirements applicable to that outcome.

For more information see:

  • Data Definitions - Registration and Compliance (PDF, 1.5 MB) document provides detailed instructions on the completion of the application for registration or compliance return. It is designed to help housing providers understand what information should be recorded and how the system validates and analyses the data.
  • The Evidence Guidance (PDF, 439.2 KB) – the Evidence Guidelines provides examples of business and performance information that a provider’s governing body would usually require in order to be satisfied that its housing service is well governed, financially viable and well managed, or
  • Visit the Recording and maintaining property data page for guidance on recording properties and generating the community housing asset performance report(CHAPR). The CHAPR is updated at registration and each compliance assessment.

Assessment

The assessment will focus on the provider’s capacity to comply with each of the regulatory code outcomes and requirements. The scope of the assessment is determined by a provider’s category of registration or tier. The depth of assessment will be determined by a provider’s performance against the National Regulatory Code performance outcomes and requirements. 

Review and assessment of information and evidence

The registration assessment involves:

  • reviewing information and evidence available;
  • assessing the information and evidence provided against appropriate jurisdictional policies or guidelines;
  • identifying where the evidence indicates that the provider is compliant, has capacity to comply or does not comply;
  • following up on the lines of enquiry which have been identified, with the provider;
  • seeking advice from the relevant state and territory housing authority or other government agencies where appropriate;
  • applying the principles of good decision-making and recording this analysis.

Further regulatory activity is targeted only at those performance outcomes or requirements where more assurance about capacity to comply or compliance is required. Nevertheless the greatest regulatory focus and scrutiny will be on governance and financial viability outcomes, because failure in those areas has the most significant consequences.

Requests for further information

During the assessment of the return the provider may be asked for further information where the evidence on closer examination is insufficient to determine the provider’s capacity to comply. These requests will be the minimum required to enable the assessment to be completed. They also give the provider an opportunity to respond and / or address where capacity to comply has not been demonstrated.

Site visits

Information may also be collected through a site visit if this is considered to be the most efficient way to collect the information. If further documentary evidence is submitted by the provider this will be attached to the original application return as supplementary evidence under the relevant performance outcome. 

Analyse performance data

The return and FPR ask for a number of key operational, financial and contextual data points to assist Registrars in the efficient assessment of some performance requirements. The data is used to calculate key performance metrics. In order to ensure regulatory activity is targeted at performance outcomes and requirements where more assurance is required targets have been included for most of these metrics.

Data submitted is used to calculate key performance metrics that are used as a starting point against which performance results can be assessed.

More information about the metrics and target values is available on the Performance Standards and evidence page.

Issue draft determination

Once the Analyst has completed the assessment their determination will be sent in draft to the housing provider. The draft determination will advise the housing provider whether it has demonstrated a capacity to comply or has not demonstrated a capacity to comply with each performance outcome and performance requirement of the National Regulatory Code.

The letter will also give a draft overall determination. Where the housing provider demonstrates a capacity to comply, the draft determination may also include observations or recommendations where the Analyst considers that improvements in performance or further action is necessary for ongoing compliance with the Code. Where recommendations are made, the letter will briefly set out an explanation.

The housing provider will be offered 14 days to respond to the draft before the process is completed and the housing provider is either registered or refused registration as a community housing provider under the National Law. At this point the provider can provide additional evidence to demonstrate it has the capacity to comply.

Where the draft determination is that the housing provider has not demonstrated the capacity to comply reasons will be given.

Determination

Housing providers with a capacity to comply are registered and their progress is assessed at their first scheduled compliance assessment.

If registration is approved the report will include the category of registration including whether the provider has been registered under a particular part of the National Register and any conditions to which the registration is subject.

All registered community housing provider are entered on a public National Register of Community Housing Providers.

Review of decision (if applicable)

If the registration is not approved the reasons will be set out in the determination letter.

Providers can request an internal review of the registration determination or may appeal the decision.

Need more information visit the Internal Review and External Appeals page.

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