How we regulate
The Regulatory Framework (PDF , 338.9 KB) details how Registrars will deliver their functions under the NRSCH.
The NRSCH is applied to ensure that the regulation of community housing providers is:
- Proportionate – reflecting the scale and scope of regulated activities
- Accountable – able to justify regulatory assessments and be subject to scrutiny
- Consistent – based on standardised information and methods
- Transparent – clear and open processes and decisions
- Flexible – avoids unnecessary rules about how housing providers organise their business and demonstrate compliance with the National Regulatory Code
- Targeted – focussed on the core purpose of:
- improving tenant outcomes
- protecting vulnerable tenants
- protecting government funding and equity; and
- ensuring investor and partner confidence.
Registrars use a suite of tools and guidelines to administer the NRSCH. Registrars may organise and structure their offices differently but assessments will be carried out in a consistent way.
Charter
The Charter sets out the overarching vision, objectives, regulatory principles and philosophy of the NRSCH. The Charter complements and is consistent with other NRSCH documents, in particular the Inter-Government Agreement for a NRSCH, the Community Housing Providers National Law and operational guidelines and policies.
The Inter-Government Agreement provides the framework for establishing and maintaining ongoing arrangements for the National Regulatory System.
The NRSCH contains the following key elements which are provided in National Law, the Inter-Government Agreement and/or operational guidelines.
Risked based regulation
The NRSCH is designed to identify, monitor and respond to risks that have serious consequences for:
- tenants
- funders
- investors
- community housing assets, and
- the reputation of the sector.
A proportionate regulatory approach is needed with different levels of regulatory engagement for providers with different risk profiles. Registrars work from the principle of setting the minimum requirements necessary to manage risk. The greatest regulatory focus and scrutiny is on providers assessed to have:
- the greatest risk due to the scale and scope of their activities, and
- where the realisation of the risks would translate into significant impact for tenants, assets and sector reputation.
Registrars categorise community housing providers into different tiers of registration according to the scale and scope of their activities, and apply different levels of regulatory oversight and engagement to each.
The registration category referred to as tiers is the first level of risk profiling.
More information about tiers, their requirements and the allocation process can be viewed on the Categories of registration (Tiers) page.
Legislation
The NRSCH was introduced through an applied law scheme which involves each participating jurisdiction adopting or mirroring the Community Housing Providers National Law. It was first enacted in the host jurisdiction, New South Wales, and either applied or adopted thereafter by other jurisdictions with the exception of Victoria and Western Australia.
States and Territories
Last updated:
08 Aug 2022
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