Australian Capital Territory

Housing Assistance Delegation 2016 (No 1)

Notifiable Instrument NI2016 - 113

made under the

Housing Assistance Act 2007, s 17 (Housing Commissioner - Delegation)

1.	Name of Instrument
This instrument is the Housing Assistance Delegation 2016 (No 1). 

2.	Commencement
This instrument commences on the day after it is notified.

3.	Delegations for the Housing Assistance Act
I delegate 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 with details of positions shown in the Addendum.

4.	Repeal
This instrument repeals NI2014-519, the Housing Assistance Delegation 2014 (No 2).

Natalie Howson
Commissioner for Social Housing
26 February 2016 

COLUMN 1
Provision and outline of power	COLUMN 2
Office (Details of positions shown on Addendum)	
All powers (except the power to delegate itself)	Deputy Director-General 	
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	Senior Director / Chief Operating Officer; Director Business and Capital	
Section 11 – In connection with the housing commissioner’s functions exercise the following powers:		
•	acquire, control, manage and dispose of land	Senior Director / Chief Operating Officer; Director Business and Capital;  SOGAs, SOGBs 	
•	purchase and sell housing	Director Business and Capital; SOGAs, SOGBs 	
•	construct, maintain, renovate and demolish housing	Director Business and Capital; SOGAs, SOGBs, SOGCs 	
•	enter into arrangements with entities for the construction, maintenance, renovation or demolition of housing	Senior Director / Chief Operating Officer; Director Business and Capital; SOGAs, SOGBs, SOGCs 	
•	enter into contracts	Senior Director / Chief Operating Officer; Director Business and Capital;  SOGAs; SOGBs; SOGCs; ASO6s; ASO5s	
•	enter into a tenancy or occupancy agreement	Senior Director / Chief Operating Officer; Director Business and Capital; SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
•	exercise the housing commissioner’s powers under a tenancy or occupancy agreement	Senior Director / Chief Operating Officer; Director Business and Capital;  SOGAs; SOGBs; SOGCs; ASO6s; ASO5s; ASO4s	
•	set rents for individual dwellings or complexes (eg; dwellings newly handed-over or upgraded)	Senior Director / Chief Operating Officer; Director Business and Capital;  SOGAs, SOGBs 	
•	powers relating to the administration of the home purchase assistance arrangements and the loans portfolio	Under Treasurer, Position No E00916; Director, Revenue Management, Chief Minister, Treasury and Economic Development, Position No E010	
•	other powers necessary or convenient to be done	Senior Director / Chief Operating Officer; Director Business and Capital	
•	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	Government Solicitor 2, Government Solicitor 3 and Government Solicitor 4 (Property and Commercial)
All positions at this level
Deputy Chief Solicitor
All positions at this level	
Section 13(1)(a) – enter into negotiations for a joint venture (with the Minister’s prior written approval) 	Deputy Director-General; Executive Director, subject to the prior written approval of the Director-General	
Section 13(1)(b) - enter into an agreement for a joint venture (with the Executive’s prior written approval)	Deputy Director-General 	
Section 15 – enter into a contract for an amount exceeding $5 million (with the Minister’s prior written approval)	Deputy Director-General; Executive Director; Senior Director / Chief Operating Officer; Director Business and Capital; subject to the prior written approval of the Director-General	
Section 21 – issue housing operation guidelines	Senior Director / Chief Operating Officer; Director Business and Capital	
Section 23 – review annually rent charged for housing rented under a housing assistance program	Senior Director / Chief Operating Officer; Director Business and Capital	
Section 24(2) – require an applicant to give the housing commissioner further stated information to decide an application for housing assistance	Senior Director / Chief Operating Officer; Director Business and Capital;  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)	Senior Director / Chief Operating Officer; Director Business and Capital;  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.	Human Services Registrar (SOGA)  
	
Section 25A (2) Registration may be subject to conditions.	Human Services Registrar (SOGA)  	
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.	Human Services Registrar (SOGA)  	
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.	Human Services Registrar (SOGA)  	
Section 25K (2) use the monitoring guidelines to decide whether a provider continues to comply with the eligibility criteria for the provider’s registration.	Human Services Registrar (SOGA)  	
Section 25O approve or refuse to approve a change to the constitution or rules of a registered housing provider.	Human Services Registrar (SOGA)  	
Section 25R require the housing provider to give the commissioner relevant information or documents	Human Services Registrar (SOGA)  	
Section 25(2) – require a housing assistance recipient to provide stated information for purposes specified in this provision	Senior Director / Chief Operating Officer; Director Business and Capital; 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	Senior Director / Chief Operating Officer; Director Business and Capital; SOGAs; SOGBs	
Section 31B – give written notice of a reviewable decision in accordance with this provision 	Senior Director / Chief Operating Officer; Director Business and Capital; 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	Senior Director / Chief Operating Officer; Director Business and Capital;  SOGAs, SOGBs, SOGCs 	
Section 33(2) – in relation to unleased land placed under the housing commissioner’s control under s32, exercise powers specified	Senior Director / Chief Operating Officer; Director Business and Capital;  SOGAs, SOGBs, SOGCs 	
Section 33(3) – give prior written agreement to the grant of a lease or licence of unleased land 	Senior Director / Chief Operating Officer; Director Business and Capital	
Section 34(2) – surrender control of unleased land to the planning and land authority	Senior Director / Chief Operating Officer; Director Business and Capital	
Section 35(1) – comply with Minister’s request to provide information	Senior Director / Chief Operating Officer; Director Business and Capital	

ADDENDUM TO SCHEDULE
DETAILS OF POSITIONS REFERRED TO IN SCHEDULE

COMMUNITY SERVICES DIRECTORATE (CSD)

Deputy Director-General		

Housing and Community Services

Executive Director	 	
	
Senior Director / Chief Operating Officer	
	
Director Business and Capital		

Senior Officer Grade A (SOGA) 
Human Services Registrar 

Senior Officer Grade A (SOGA) Housing and Community Services
All positions at this level

Senior Officer Grade B (SOGB) Housing and Community Services
All positions at this level

Senior Officer Grade C (SOGC) Housing and Community Services
All positions at this level 

Administrative Services Officer Class 6 (ASO6) Housing and Community Services
All positions at this level 

Administrative Services Officer Class 5 (ASO5) Housing and Community Services
All positions at this level 

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