Australian Capital Territory
Housing Assistance Public Rental Housing Assistance Program Delegation 2013 (No 1)
Notifiable instrument NI2013 - 274
made under the
Housing Assistance Act 2007, section 17 (Housing commissioner—delegation)

1	Name of instrument 
This instrument is the Housing Assistance Public Rental Housing Assistance Program Delegation 2013 (No 1). 
2	Delegations for the Public Rental Housing Assistance Program
I delegate 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 with details of positions shown in the Addendum.
3	Revocation 
NI2012 - 155 as notified on 26 March 2012 is revoked. 

Natalie Howson 
Commissioner for Social Housing
Date:   8 June 2013

COLUMN 1
Provision and outline of power	COLUMN 2
Office (Details of positions  shown on Addendum)	
All powers under the Housing Assistance Public Rental Housing Assistance Program	Deputy Director-General; Executive Director; Director Housing ACT; Senior Director Asset Management	
Clauses 4, 6, 7, 8, 9(2), 11(2), 13(1), 13(2), 18(3), 19(1), 28 – determine asset eligibility limit; determine assets of a kind to be disregarded; decide that a person may be excluded from the household consistent with the clause 4 definition; make determinations; issue operation guidelines; approve application forms; decide that certain time limits imposed by law are not relevant; determine income to be disregarded; determine purposes for which excludable amounts may be expended; determine needs categories and criteria for the allocation of categories to applicants; decide order of allocation for a needs category to be non-chronological; provide assistance earlier than under clause 18(3) in extreme circumstances; require tenant to transfer to another dwelling 	Deputy Director-General; Executive Director; Director Housing ACT; Senior Director Asset Management 	
Clause 8A(1) & (3) – provide names of eligible community applicants to housing providers 	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; ASO2s	
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 eligibility criteria (including criteria modified under clause 9(1B))	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 9(3) – decide to disregard any property in which an applicant has an interest 	SOGAs; SOGBs; SOGCs	
Clause 9(5) – decide that an applicant is eligible for assistance (despite misleading information; contrived schemes etc) 	SOGAs; SOGBs; SOGCs 	
Clause 10 - Disregard eligibility criteria if the applicant is suffering severe hardship 	SOGAs; SOGBs; SOGCs 	
Clause 11 - 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	
Clause 13(3) - allocate a needs category for an application 	All SOGAs and SOGBs Housing & Community Services; SOGCs; ASO6s; ASO5s	
Clause 14 – re-assess application for eligibility and needs category and take appropriate actions	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 16(2) – enter names of applicants on register	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s; ASO3s 	
Clause 16(3) – re-enter an application on the register after the needs category is varied under clause 14	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s;ASO4s; ASO3s	
Clauses 17(1) & (2) – remove applicant’s name from register and notify applicant	SOGAs; SOGBs; SOGCs; ASO6s	
Clause 17(3) – return applicant’s name to the register; extend period to request re-instatement	SOGAs; SOGBs; SOGCs; ASO6s	
Clauses 18(2), (4) & (6) – offer/provide rental housing assistance; facilitate community rental housing assistance in accordance with clause 8(A) 	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 18(5) – agree to alternative arrangements for acceptance of housing assistance	SOGAs; SOGBs; SOGCs	
Clause 18(7) – decide not to remove application from register after assistance is provided 	SOGAs; SOGBs; SOGCs	
Clause 19(2) – provide assistance following tenancy breakdown to remaining occupant(s)	SOGAs; SOGBs; SOGCs	
Clause 19(4) – provide assistance by way of a specified dwelling (hard to lets)	SOGAs; SOGBs; SOGCs	
Clause 19(6) – provide assistance by way of special needs dwelling to a special needs applicant	SOGAs; SOGBs; SOGCs	
Clause 19(8) – decide if a dwelling is to be allocated by way of assistance despite an existing debt or breach of a term or condition of a tenancy agreement	SOGAs; SOGBs; SOGCs	
Clause 20(3) – approve application for rental transfer	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 20(4) – decide that a transfer will enable the more efficient use of stock	SOGAs; SOGBs	
Clause 21 – decide the size, type and location of dwelling to be provided 	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 22(2) – enter into tenancy agreement with applicant	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clauses 22(3), (4) & (5) – decide and agree to alternative arrangements for entering into tenancy agreement	SOGAs; SOGBs; SOGCs	
Clauses 23, 24 – set, review, change market rent for a dwelling; notify tenant of changed rent	SOGA Position Nos: 07781, 04077;
SOGB Position Nos: 07818, 11710, 3832	
Clause 25(1) – provide a rent rebate in accordance with this provision	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 25(2) – decide that a rent component forms part of the basic rent	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 25(5) – round rent calculation up or down	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 25(6) – decide the period for which a rent rebate is provided	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 25(7) – extend rent rebate by up to 6 months	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s; ASO 3s (who may only extend provision of a rent rebate for up to 6 weeks)	
Clause 25(8) – determine date of effect of rent rebate as different from the application date by not more than 2 weeks before application date; or in particular circumstances, by more than 2 weeks before application date	•	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s for a period not more than 2 weeks before application date;
•	SOGAs; SOGBs; SOGCs for a period more than 2 weeks before application date	
Clause 25(9) - determine that special circumstances exist to continue a rent rebate during a tenant’s unauthorised or lengthy absence (not including any subletting period)	SOGAs; SOGBs; SOGCs	
Clause 26(1) – re-assess a tenant’s entitlement to a rebate	SOGAs; SOGBs; SOGCs; ASO6s	
Clause 26(2) – notify tenant of assessment date	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s	
Clause 26(3) – ask existing rent rebate recipient to provide further information	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 26(5) – suspend, amend, or revoke provision of rent rebate	SOGAs; SOGBs; SOGCs; ASO6s	
Clause 26(6) - determine date of effect of rent rebate as different from the assessment date by not more than 2 weeks before notification date; or in particular circumstances, by more than 2 weeks before notification date 	•	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s for a period not more than 2 weeks before notification date;
•	SOGAs; SOGBs; SOGCs for a period more than 2 weeks before notification date	
Clause 27 – give commencement rebate assistance equivalent to initial rent	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 29 – ask for further information	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 29A – require a tenant to provide stated information	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 29B(1) – periodically review housing assistance being provided to a tenant	SOGAs; SOGBs;	
Clause 29B(2) – following review decide to withdraw assistance and terminate the tenancy subject to Residential Tenancies Act	SOGAs; SOGBs	
Clause 30(2) – give written notice of decision	SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
Clause 31(2) – extend period to request review	SOGAs; SOGBs; SOGCs; ASO6s	
Clause 31(4) – review a decision seeking advice of advisory committee as appropriate 	SOGAs; SOGBs; SOGCs; ASO6s	
Clause 31(5) – give written notice of decision	SOGAs; SOGBs; SOGCs; ASO6s	

ADDENDUM TO SCHEDULE
DETAILS OF POSITIONS REFERRED TO IN SCHEDULE

		COMMUNITY SERVICES DIRECTORATE

Deputy Director-General		

Housing and Community Services

Executive Director		

Director Housing ACT		

Senior Director Asset Management	

Senior Officer Grade A (SOGA) Asset Management (including Business Development)
All positions at this level

Senior Officer Grade B (SOGB) Asset Management
All positions at this level

Senior Officer Grade A (SOGA) Housing ACT
All positions at this level

Senior Officer Grade B (SOGB) Housing ACT 
All positions at this level

Senior Officer Grade C (SOGC) Housing ACT
All positions at this level (including Regional Managers)

Administrative Services Officer Class 6 (ASO6) (Housing ACT)
All positions at this level (including Team Leaders, Client Support Co-ordinators, and Tribunal Advocates)

Administrative Services Officer Class 5 (ASO5) (Housing ACT)
All positions at this level (including Housing Managers and Gateway Officers)

Administrative Services Officer Class 4 (ASO4) (Housing ACT)
All positions at this level

Administrative Services Officer Class 3 (ASO3) (Housing ACT)
All positions at this level

Administrative Services Officer Class 2 (ASO2) (Housing ACT)
All positions at this level