The FAQs below present questions and answers for tenants about the proposed National Regulatory System for community housing providers. They will be updated as issues are raised during public consultation.
1. Who is covered by the National Regulatory System?
The National Regulatory System is designed to cover providers of community housing. There will be no obligation for housing providers to be registered under the national system. However, individual government policy and funding agencies may make registration a precondition for receiving funding or investment and for delivering funded housing services.
2. How will the national regulatory system benefit me?
Tenants will be able to have confidence that their housing provider is meeting nationally consistent standards of service delivery.
3. Will the security of my tenancy be affected by the new system or by the registration class of my provider?
No, access and eligibility requirements will continue to be covered by the policies of government and funding agencies. Requirements under the National Regulatory Code regarding outcomes for tenants will be the same for all registered community housing providers regardless of registration class.
4. Will I be able to make a complaint about my housing provider under the new national regulatory system?
Yes. Complaint procedures will be in place in each state and territory. Registrars will not look at complaints about individual tenancy matters. They will only look at complaints where they may give rise to a risk that a provider is not complying with the National Regulatory Code.
5. What are the benefits of allowing housing providers to operate in multiple jurisdictions?
The new system will make it easier for providers who wish to operate in more than one jurisdiction by reducing red tape and regulatory burden. The new system will provide a consistent regulatory environment to give funders, lenders and investors confidence that the community housing sector is well managed. This will support the growth and development of the community housing sector which will help to provide more homes and reduce homelessness.
6. Who is responsible for determining policy and funding decisions under the new system?
Policy and funding decisions will continue to be a matter for state, territory and federal governments, which enables localised responses to meet housing need.
7. What happens if my provider breaches the National Regulatory Code?
The Registrar will aim to engage with the provider early when early warning signs are identified in order to avoid the possibility of serious non-compliance, will to work to return the housing provider to full compliance where non-compliance occurs or, as a last resort, will deregister the provider.
8. What will happen to me in the event of my provider being deregistered or wound-up?
It is a condition of registration that, upon cancellation of registration, the housing provider must transfer or merge all social and affordable housing assets remaining after the payment of its liabilities either back to government or to another registered housing provider. The existing tenancies would be included in this.
9. When will the national system commence?
It is intended that legislation will be enacted by the host State (NSW) by July 2012, and by all other States and Territories by December 2012, with transition to the new system to begin in 2013.
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