A community housing provider registered under the NRSCH must comply with the conditions of registration set out in Section 15 of the National Law. One of these conditions is that the provider must notify the Registrar of certain events that may have an adverse impact on its compliance with community housing legislation. Section 15 (2) (h) of the National Law states:
The provider must notify the primary Registrar for the provider of the occurrence of any of the following within the time specified:
Changes in a provider’s affairs may have an adverse impact on its compliance with the community housing legislation. Registered community housing providers across Australia vary greatly in the size, scope and complexity of their operations. It is therefore the responsibility of each provider to decide whether a change in its affairs may have an adverse impact on its compliance, and therefore whether it should notify the Registrar.
Some examples of changes in affairs that may impact on compliance:
(These examples are provided as a guide only and are not exhaustive.)
Under performance outcome 5: Probity, providers must maintain high standards of probity (see NRSCH Evidence Guidelines (PDF , 439.2 KB)). This includes maintaining the reputation of the community housing sector (performance requirement d). The Registrar must be satisfied that:
Registered providers should therefore also notify the Registrar of any incident involving them that damages or may damage the reputation of the community housing sector. Some examples are:
(These examples are provided as a guide only and are not exhaustive).
Providers should notify their primary Registrar of relevant events within the time specified in the National Law, as shown on the first page of these guidelines. Incidents that damage or may damage the reputation of the community housing sector should be notified within 72 hours of the event occurring.
You can notify your organisation’s primary Registrar by:
In either case, you may be asked to provide more information verbally or in writing.
The Registrar’s office may simply acknowledge and record the notified event, or may take further action if appropriate. Further action can include, for example, requiring the provider to supply updates on action it is taking in relation to the event. In some situations the Registrar may plan a targeted assessment to check ongoing compliance under a particular performance area.
If the notified event involves appointing a voluntary administrator or receiver to the provider, the Registrar may liaise with the provider and the government Housing Agency/ies the provider has community housing agreements with. This is to facilitate future compliance or, if necessary, resulting wind up arrangements and/or transfer of assets to another registered housing provider.
All notifications are taken into account in subsequent scheduled compliance assessments.
Notifying the Registrar of events described in Section 15 (2) (h) of the National Law is a mandatory condition of registration. Failure to notify such events within required timeframes, where these subsequently come to the attention of the Registrar, will be taken into account in compliance assessments of the provider.
Providers are responsible for demonstrating and maintaining compliance with the National Law and are expected to be proactive in reviewing, disclosing and addressing issues of noncompliance as they arise.
21 Jul 2022
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