Australian Capital Territory

Housing Assistance Delegation 2010 (No 1)

Instrument of Delegation –  NI2010-280

made under the

Housing Assistance Act 2007, s 17 (Delegation)

I revoke all previous delegations under the Housing Assistance Act 2007, section 17 and I delegate those of my powers under the Act 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:    17  May 2010

COLUMN 1
Provision and outline of power	COLUMN 2
Office (Position Numbers shown on Addendum)	
All powers (except the power to delegate itself)	Deputy Chief Executive 	
All powers (except the power to delegate itself and excluding all powers under Part 4A)	Executive Director	
Section 10(2) – Enter into arrangements with entities to provide housing assistance	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	
Section 11 – In connection with the housing commissioner’s functions exercise the following powers:		
•	acquire, control, manage and dispose of land	Director Housing ACT; Director Asset Management; SOGAs, SOGBs Asset Management	
•	purchase and sell housing	Director Housing ACT; Director Asset Management; SOGAs, SOGBs Asset Management	
•	construct, maintain, renovate and demolish housing	Director Housing ACT; Director Asset Management; SOGAs, SOGBs, SOGCs Asset Management	
•	enter into arrangements with entities for the construction, maintenance, renovation or demolition of housing	Director Housing ACT; Director Asset Management; SOGAs, SOGBs, SOGCs Asset Management	
•	enter into contracts	Director Housing ACT; Director Asset Management; SOGAs; SOGBs; SOGCs; ASO6s; ASO5s	
•	enter into a tenancy or occupancy agreement	Director Housing ACT; Director Asset Management; SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
•	exercise the housing commissioner’s powers under a tenancy or occupancy agreement	Director Housing ACT; Director Asset Management; SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
•	set rents for individual dwellings or complexes (eg; dwellings newly handed-over or upgraded)	Director Housing ACT; Director Asset Management; SOGAs, SOGBs Asset Management	
•	powers relating to the administration of the home purchase assistance arrangements and the loans portfolio	Under Treasurer, Department of Treasury, Position No C017; Director, Revenue Management, Department of Treasury, Position No E010	
•	other powers necessary or convenient to be done	Director Housing ACT; Director Asset Management	
•	powers relating to the administration of the home purchase assistance arrangements and the loans portfolio – limited to the execution of mortgage discharges and transfers on mortgagee exercising power of sale	•	Deputy Chief Solicitor PN E00056
•	Solicitor Legal 2 PN 42623
•	Solicitor Legal 1 PN 42605	
Section 13(1)(a) – enter into negotiations for a joint venture (with the Minister’s prior written approval) 	Deputy Chief Executive; Executive Director only, subject to the prior written approval of the Chief Executive	
Section 13(1)(b) - enter into an agreement for a joint venture (with the Executive’s prior written approval)	Deputy Chief Executive; 	
Section 15 – enter into a contract for an amount exceeding $5 million (with the Minister’s prior written approval)	Deputy Chief Executive; Executive Director; Director Asset Management only, subject to the prior written approval of the Chief Executive	
Section 21 – issue housing operation guidelines	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	
Section 23 – review annually rent charged for housing rented under a housing assistance program	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	
Section 24(2) – require an applicant to give the housing commissioner further stated information to decide an application for housing assistance	Director Housing ACT; Director Asset Management; SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Section 24(3) – refuse an application for housing assistance if the applicant does not provide the information required under s24(2)	Director Housing ACT; Director Asset Management; SOGAs; SOGBs; SOGCs; ASO6s	
Section 25A (1) – The housing commissioner may, on application, register an eligible
entity as—
(a) an affordable housing provider; or
(b) a community housing provider.	Registrar, Not for Profit Housing Providers (SOGB)  
	
Section 25A (2) Registration may be subject to conditions.	Registrar, Not for Profit Housing Providers (SOGB)  	
Section 25H (1) register an eligible entity that acts as trustee as an affordable housing provider, or community housing provider, if satisfied that the role of trustee does not adversely affect the entity’s ability to comply with the eligibility criteria.	Registrar, Not for Profit Housing Providers (SOGB)  
	
Section 25H (2) register an eligible entity that is a subsidiary of a body other than an eligible entity as an affordable housing provider, or community housing provider, if satisfied that the entity’s status as a subsidiary does not adversely affect its ability to comply with the eligibility criteria.	Registrar, Not for Profit Housing Providers (SOGB)  
	
Section 25K (2) use the monitoring guidelines to decide whether a provider continues to comply with the eligibility criteria for the provider’s registration.	Registrar, Not for Profit Housing Providers (SOGB)  
	
Section 25O approve or refuse to approve a change to the constitution or rules of a registered housing provider.	Registrar, Not for Profit Housing Providers (SOGB)  	
Section 25R require the housing provider to give the commissioner relevant information or documents 	Registrar, Not for Profit Housing Providers (SOGB)  
	
Section 25(2) – require a housing assistance recipient to provide stated information for purposes specified in this provision	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management; SOGAs; SOGBs	
Section 25(3) – in accordance with this provision, suspend or cancel all or part of the housing assistance if required information is not provided	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	
Section 27 – give written notice of a reviewable decision in accordance with this provision 	Director Housing ACT; Director Asset Management; SOGAs; SOGBs; SOGCs; ASO6s	
Section 32(3) – exercise housing commissioner’s powers under s33 in relation to a tenancy of unleased land placed under the housing commissioner’s control subject to that tenancy	Director Housing ACT; Director Asset Management; SOGAs, SOGBs, SOGCs Asset Management	
Section 33(2) – in relation to unleased land placed under the housing commissioner’s control under s32, exercise powers specified	Director Housing ACT; Director Asset Management; SOGAs, SOGBs, SOGCs Asset Management	
Section 33(3) – give prior written agreement to the grant of a lease or licence of unleased land 	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	
Section 34(2) – surrender control of unleased land to the planning and land authority	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only 	
Section 35(1) – comply with Minister’s request to provide information	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	
Section 102(1)– declare that an approved housing assistance program corresponds to an old program; and that a thing under an old program corresponds to a thing under an approved program	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	
Section 102(4) – give a direction to facilitate the application of a declaration under subsection (1) in relation to an entity 	Deputy Chief Executive; Executive Director; Director Housing ACT; Director Asset Management only	

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:  3832, 7818, 11710

Senior Officer Grade C (SOGC) Asset Management
Position Nos:  8161, 9129, 10573, 10575, 10613

Administrative Services Officer Class 6 (ASO6) Asset Management
Position Nos:  00089, 0406, 0452, 3144, 10561, 11514, 11521, 12258, 20024, 20048

Administrative Services Officer Class 5 (ASO5) Asset Management
Position Nos:  10780, 11502, 11508, 11915, 20022, 20025, 20026, 20057, 26175

Administrative Services Officer Class 4 (ASO4) Asset Management
Position Nos:  455, 10778, 12266, 20039 

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

Senior Officer Grade A (SOGA) Social Housing and Homelessness Services
Position No:  32288

Senior Officer Grade B (SOGB) Housing ACT
Position Nos: 10583, 07443

Senior Officer Grade B (SOGB) Registrar, Not for Profit Housing Providers  
Position No PN11875

Senior Officer Grade C (SOGC) Housing ACT, Social Housing and Homelessness Services
Position Nos: 10588, 10582, 04349, 03107, 10580, 42466, 29608

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, 13391, 00577, 22048, 24714, 00041

ADDENDUM TO SCHEDULE (CONTINUED)

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, 03466, 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, 10902