Australian Capital Territory

Housing Assistance Rental Bonds Housing Assistance Program Delegation 2010 (No 1) 

Instrument of Delegation – NI2010-276

made under the

Housing Assistance Act 2007, s 17 (Delegation)

Under Section 17 of the Housing Assistance Act 2007 (the Act) I revoke all previous delegations under the Housing Assistance Rental Bonds Housing Assistance Program (the 'Program') and, with effect from 22 December 2009, I delegate those of my powers under the Program specified in column 1 of the attached Schedule to each person holding or performing the duties of an office in the ACT Public Service specified in column 2 of the Schedule and which position number is stated in the Addendum.

Sandra Lambert
Commissioner for Social Housing

Date:    1 June 2010

COLUMN 1
Provision and outline of power	COLUMN 2
Office (Position Numbers shown on Addendum)	
All powers under the Rental Bonds Housing Assistance Program	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management	
Clauses 4, 5, 6, 9(2), 11(2) and 18 – determine asset eligibility limit; determine liquid asset eligibility limit, determine assets of a kind which should be disregarded; determine income, or income of a kind, which should be disregarded; determine purposes for which excludable income may be expended; make determinations, issue housing operation guidelines; decide that certain time limits imposed by law are not relevant; approve forms for the program.	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	
Clauses 7(1), 7(3) and 7(4) – Provide a bond loan to an eligible applicant and enter into a loan agreement.	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 7(7) – Provide assistance by way of a grant of $100.	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 8(2) – require information to be provided in relation to an application.	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s; ASO3s; ASO2	
Clause 8(3) – determine who are to be considered the applicant or joint applicants.	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 9(1) – decide whether an applicant meets the basic eligibility criteria	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 9(3) – decide to disregard any property in which an applicant has an interest.	SOGAs; SOGBs; SOGCs; ASO6s	
Clauses 9(4)(a), (b) and (c) – determine that an applicant is eligible for assistance despite a debt or tenancy breach 	SOGAs; SOGBs; SOGCs 	
Clause 9(4)(d) – determine that applicant is able to pay bond from own resources.	SOGAs; SOGBs; SOGCs	
Clause 9(4)(e) - determine that applicant is ineligible because rent and repayments of loan are not affordable.	SOGAs; SOGBs; SOGCs	
Clause 9(5) – decide that an applicant is eligible for assistance (despite misleading information, contrived schemes etc)	SOGAs; SOGbs; SOGcs	
Clause 9(6) – Decide that an applicant is not ineligible due to failure to enter into a tenancy agreement within the specified time.	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s
	
Clause 10 - Disregard eligibility criteria if the applicant is suffering severe hardship.	SOGAs; SOGBs; SOGCs 	
Clauses 11(3) and 11(4) - decide a person has earned, derived, received or become entitled to an amount of income, including compensation for income lost or foregone, and deeming particular applicants are receiving amounts equivalent to a relevant pension or benefit.	SOGAs; SOGBs; SOGCs; ASO6s
	
Clause 12 – disregard current weekly income or average gross weekly income for preceding 26 weeks; decide that a period other than 26 weeks is appropriate.	SOGAs; SOGBs; SOGCs; ASO6s	
Clause 13(3) - Determine that outstanding amounts are not repayable in accordance with the loan agreement.	Director Housing ACT	
Clause 13(4) – Where the balance of a rental bond is paid to the housing commissioner, apply all amounts received from the Territory towards repayment of any outstanding amount under the loan agreement; and if the amount exceeds the outstanding balance pay the excess to the applicant.	SOGAs; SOGBs; Financial Controller, Housing & Community Services	
Clause 14 - request an applicant to provide further information in relation to an application.	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 15(2) – notify an applicant of a decision.	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 16(2) – extend the period for a person to seek a review of a decision.	SOGAs; SOGBs; SOGCs	
Clause 16(4) – review decision or refer it to an advisory committee and accept, vary or reject their recommendation. 	SOGAs; SOGBs; SOGCs; ASO6s
	
Clause 16(5) – notify an applicant of the decision following review under clause 16(4).	SOGAs; SOGBs; SOGCs; ASO6s	

ADDENDUM TO SCHEDULE
OFFICES REFERRED TO IN SCHEDULE

Deputy Chief Executive		Position No E00268

Executive Director			Position No E00270

Director Housing ACT		Position No E00315

Director Asset Management	Position No E00434

Senior Officer Grade A (SOGA) Asset Management (including Business Development
Position Nos:  4077, 7781, 3140

Senior Officer Grade B (SOGB) Asset Management 
Position Nos:  7818, 3832, 11710

Senior Officer Grade A (SOGA) Housing ACT
Position No:  12132

Senior Officer Grade B (SOGB) Financial Controller, Housing and Community Services
Position No:  04078

Senior Officer Grade B (SOGB) Housing ACT
Position No:  10583

Senior Officer Grade C (SOGC) Housing ACT
Position Nos:  10588, 10582, 04349, 03107, 10580

Administrative Services Officer Class 6 (ASO6)
Position Nos:  03365, 09046, 03844, 06920, 09048, 07618, 03464, 03846, 10889, 09047, 03108, 11287, 03842, 09865, 12395, 07197, 03108, 03844, 03846, 42249, 05079, 09071

Administrative Services Officer Class 5 (ASO5)
Position Nos:  10787, 09066, 09069, 09068, 09090, 09087, 09081, 43516, 03445, 09088, 09083, 09064, 09065, 09089, 09086, 09075, 09072, 09073, 09235, 11293, 03376, 06921, 11045, 03151, 03831, 09085, 09076, 09060, 09058, 09063, 11040, 09074, 09084, 04288, 09077, 09070, 09080, 09082, 09061, 09059, 09062, 26174, 09236, 09237, 09238, 09239, 09240, 10007, 09269, 10006, 09268, 07749, 07750, 07751, 07752, 07753, 07343, 03150, 09267, 11417, 14076, 14077

Administrative Services Officer Class 4 (ASO4)
Position Nos:  03828, 11306, 10480, 03414, 19895, 09680, 07780, 07769, 07756, 03354, 07757, 07763, 07774, 07767, 07772, 07758, 03414, 03828, 11306

ADDENDUM TO SCHEDULE (CONTINUED)

Administrative Services Officer Class 3 (ASO3)
Position Nos:  11445, 19898, 03459, 11449, 03431, 08130, 8074, 11942, 11967, 19899, 03458, 03490, 07789, 07800, 07803, 8074, 07806, 12268, 03487

Administrative Services Officer Class 2 (ASO2)
Position No:  12122