Information collection and sharing

Registrars agree to be open and transparent with providers on assessments of their performance, how Registrars are storing and using information, and where Registrars have decided to forward assessment and other information to a third party. This may not be the case in matters relating to criminality, corruption or serious non­compliance.

Registrars have specific legislative requirements to share information with Registrars from participating jurisdictions, Housing Agencies (or equivalent) and the relevant Minister. The sharing and collection of information with third parties administering other statutory functions or with no statutory cover will be considered on a case to case basis taking into consideration whether:

• the community housing provider has consented to the release of the information; or
• other laws permit or require a Registrar to disclose the relevant
• information in connection with the administration or execution of that law; or
• there are other lawful reasons for providing the information.

Registrars from a participating jurisdiction

Section 10(1) (g) of the National Law supports the sharing of information with other participating jurisdictions for the purposes of the community housing legislation.

Participating registrars share information on the performance of providers based on the following drivers:

• where the provider or associated entities operate across jurisdictions;
• where it is necessary to confirm or build consistency in approach in accordance with the Charter (PDF , 6.0 MB) and vision of the National Regulatory System;
• where it is necessary to build comparative pictures of performance necessary to report on the objects of the National law; and
• to reduce the red-tape burden on business.

Registrars may provide the following information to a Registrar participating in the NSRCH in relation to a community housing provider:

• annual performance/ compliance assessments of registered agencies/ providers including evidence documentation
• evidence of failure to meet regulatory code/ performance standards
• changes in registration/ tier status of an organisation
• current or previous exercise of enforcement powers, for example, issuing of notices of non-compliance
• details of significant changes to corporate structure or the provider’s affairs (restructure, funding withdrawal, termination of major leases)
• details of major incidents that are likely to mean the provider has failed to comply with regulatory requirements in other jurisdictions, for example, allegation of fraud, serious risk to clients etc.
• significant complaint investigations where, if allegations are proved, non­compliance with regulatory code/ performance standards are likely.

Housing Agency (or equivalent)

Registrars in the NRSCH jurisdictions have a specific legislative function to share information and to cooperate with Housing agencies (or equivalent) in their jurisdiction.

Registrars provide the relevant housing agency (or equivalent) with the following information in accordance with Section 10(1)(h) of the National Law:

• details of registration and regulation of registered entities
• the issue of a Notice of intent to cancel registration
• information regarding providers whose application for Registration has been approved on the National Register, which is publicly available including:
  • conditions to which registration is subject
  • copy of any binding instructions
  • appointment of a statutory manager
• any other information to which the entity has consented to the release of to the housing agency.

Under the provisions of “any other matter under community housing legislation” [S10(1)(h) and S26(a)(d)], Registrars may share the following information with a Housing Agency (or equivalent):

• Registrar’s assessment of the “suitability” of a provider assessed under S10(1)(b) including positive and negative attributes related to the objects of the National Law (S3)
• adverse indicators of performance warranting Registrar intervention into a provider’s behaviour – especially related to the Registrar functions under S10(1)(d)(e)(f)
• trends and patterns in performance in the sector related to funding program areas
• reports on the performance of the regulator and the regulatory regime mitigating risk in funding programs.

Housing Agencies (or equivalent) may also share information with Registrars in their jurisdiction on decisions made by them that materially affect the viability, capacity or operations of a registered provider including:

• substantive transfers of property to registered community housing organisations by government housing agencies
• notices of breaches of lease/contract arrangements or provider activity allegedly in breach of contract requirements
• termination of leases/contract
• major funding decisions and awarding of capital projects/allocations.

Ministers and their Offices

Information shared with Ministers and their staff will normally be confined to intelligence on the performance of community housing providers as a collective or in relevant segments. This may extend to the performance of the Registrar as a regulatory entity and the performance of regulation across the community housing sector.

Matters pertaining to specific commercial entities will be shared with Ministers and their staff where enforcement action has been taken, or an intervention is underway where there is a specific need to know.

Third parties administering other statutory functions

Registrars may share information on community housing providers in support of the administration or execution of another statutory agency’s functions in accordance with Section 26(a) of the National Law. This is especially so in relation to the pursuit of offence provisions under another Act or licensing/registration decisions pertaining to other commercial arrangements.

Where a Registrar does not have the consent of the community housing provider the Registrar may share information under Section 26(a) of the National Law. A Registrar may:

• share information with non-participating Registrars where there are providers of mutual interest information assisting with mutual recognition, red-tape reduction, and national consistency
• share information with other investigative bodies where the Registrar has commenced an investigation or complex intervention in order to establish the interests of other investigative bodies and reduce red-tape in investigation matters
• establish or verify information offered by a provider where the Registrar has some doubt as to the quality of information provided and/or the program risks associated with the performance of the provider so warrant.

Third parties may also have information that is relevant to Registrars’ statutory functions. Examples could include another regulator taking enforcement action against, or deregistering, a provider. In addition where the Registrar is taking enforcement action there may be financial institutions with a legitimate interest and the Registrar may wish to share information with them about the enforcement action under way, for example the appointment of a statutory manager.

Third parties with no statutory cover

There are a range of third parties who are interested in the performance of community housing providers. These include peak bodies, representative groups and financial institutions.

Registrars share de-identified performance data and patterns on national trends for public, advocacy and research use.

Registrars will only share information on specific providers with such bodies with the permission of the provider. Registrars will also

trends where that information supports broader understanding pertaining to the objects of the National Law and where they have the resources to do so.