The Queensland Housing Act 2003 was amended on 1 January 2014 to include provisions which mirror the National Law.
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.
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.
|Queensland Community Housing Assets||Example|
|Land transferred or vested to a national provider by the chief executive of the Housing Act 2003, or acquired with funding provided by the chief executive||Any land or property subject to a funding agreement|
|Land held by a national provider on which housing has been constructed or another improvement made, either by or with funding provided by the chief executive of the Housing Act 2003|
|A national provider receipt||A grant, loan or other financial assistance paid to a national provider by the chief executive of the Housing Act 2003|
|Rent or other income, including proceeds of sale, from property funded by the chief executive of the Housing Act 2003 including fees or interest received in the course of providing a community housing service.|
The conditions of registration include a requirement for a registered provider to keep a list of all of its community housing assets.
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.
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.
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.