COMMUNITY HOUSING PROVIDERS
(NATIONAL UNIFORM LEGISLATION) BILL 2013

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY

MINISTER FOR HOUSING

SERIAL No. 48

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill introduces the Community Housing Providers (National Uniform Legislation) Act 2013.

The purpose of this Bill is to provide for a national system of registration, monitoring and regulation of community housing providers to be applied in the Northern Territory through the application of the Community Housing Providers National Law.

The national law details the functions of the national regulatory system and prescribes the role and powers of the Registrar as the regulator of community housing in the relevant state or territory. 

The objectives of this law are to:
·	provide a consistent regulatory environment to support the growth and development of the community housing sector;
·	pave the way for future housing product development;
·	reduce the regulatory burden on housing providers working across jurisdictions; 
·	provide a level playing field for providers seeking to enter new jurisdictions; and
·	overcome the barriers, gaps and inconsistencies that have arisen through each jurisdiction regulating community housing providers in a different way.

NOTES ON CLAUSES

Part 1	Preliminary matters

Clause 1	 Short title

This is a formal clause which provides for the citation of the Bill. The Bill, when assented to by the Administrator, will be cited as the Community Housing Providers (National Uniform Legislation) Act 2013.

Clause 2	 Commencement

This clause provides that the Community Housing Providers (National Uniform Legislation) Act 2013 will commence on the day fixed by the Administrator by Gazette notice.

Clause 3	 Interpretation

This clause provides the interpretation for the phrase “local application provisions of this Act” for the purposes of the Community Housing Providers (National Uniform Legislation) Act 2013. 

The clause also provides the interpretation for the terms “Chief Executive Officer (Housing)”, “Community Housing Providers National Law (NT)” and “land register”. 

The clause further clarifies that terms used in the local application provisions of the Act and also in the Community Housing Providers National Law have the same meanings in those provisions as the they have in that Law.

Part 2	Adoption of National Law

Division 1	Provisions for adoption of National Law

Clause 4	Adoption of Community Housing Providers National Law

This clause provides that the Community Housing Providers National Law set out in the Appendix of the Act applies as a law of the Northern Territory. It may be referred to as the Community Housing Providers National Law (NT) and is part of this Act.

Clause 5	Uniform adoption of nationally approved amendments to Community Housing Providers National Law

This clause enables the Administrator to amend the Community Housing Providers National Law (the National Law) set out in the Appendix to this Act, in order to give effect to amendments that have been approved nationally by the relevant Ministerial Council.

This is a limited “Henry VII” provision in that it applies only to nationally approved amendments and only so as to amend the National Law set out in the Appendix. The local application provisions cannot be amended in this fashion.

Providing for nationally approved amendments to be applied in the Northern Territory by amendment by regulation, rather than automatically ensures that any amendments to the National Law as it applies to the Territory remain subject to the proper scrutiny and disallowance powers of the Legislative Assembly.

This clause also defines the terms “amend” and “nationally approved amendment”.

Clause 6	Exclusion of legislation of this jurisdiction

The clause provides that while the Northern Territory Interpretation Act applies to the local application provisions of the Act, it does not apply to the Community Housing Providers National Law (NT) or instruments made under that Law other than as prescribed by regulation.

The clause also provides that an Act prescribed by regulation does not apply to the Community Housing Providers National Law (NT) or to instruments made under that Law. 

This clause ensures nationally consistency interpretation of the Community Housing Providers National Law and specific provisions have been made in the National Law relating to definitions and interpretation of terms used. 

Clause 7	Relationship with other legislation

This clause provides that if there is an inconsistency between the Community Housing Providers National Law (NT) and Parts 6, 7, 8, 9, or 10 of the Associations Act or Part 12 of the Cooperatives Act, the Community Housing Providers National Law (NT) prevails to the extent of the inconsistency.

Clause 8	Registrar

The clause provides that for the purposes of section 9(2) of the Community Housing Providers National Law (NT), the registrar is the individual appointed under this provision.

This clause also provides that the Chief Executive Officer (Housing) may appoint a person to be the Registrar for the Community Housing Providers National Law (NT). The appointment must be in writing.

Clause 9	Delegation of Registrar’s functions
	
This clause provides that the Registrar may delegate its functions to a public sector employee for the purposes of section 11 of the Community Housing Providers National Law (NT).

Clause 10	Fees

This clause provides that for the purposes of section 13(4) of the Community Housing Providers National Law (NT), the fee payable for an application for registration or a variation of an existing registration is the prescribed fee.

Division 2	Provisions for interpretation of National Law as adopted

Clause 11	Meaning of generic terms

This clause provides for the definition of the terms “Appeal Tribunal”, “Housing Agency”, “Parliament of this jurisdiction” and “this jurisdiction” for the purposes of the Community Housing Providers National Law (NT). 

Clause 12	Meaning of other terms

This clause defines the terms “community housing legislation”, “Housing Agency” and “relevant Minister”, for the purposes of the Community Housing Providers National Law (NT). 

Clause 13	References to State

This clause provides that a reference to the “State” in the Community Housing Providers National Law (NT) is a reference to the Territory.

Part 3	Interest in land of registered community housing provider

Clause 14	Chief Executive Officer (Housing) has interest in certain land

This clause sets out the circumstances where the Chief Executive Officer (Housing) has an interest in the land of a registered community housing provider. These include situations where:
·	the land was transferred by the Territory to a registered community housing provider subject to an agreement;
·	the land was acquired by a registered community housing provider wholly or partly with funding provided by the Housing Agency;
·	the Housing Agency constructs housing or makes other improvements on the land; or
·	there is an agreement with the registered community housing provider which identifies any land as being land in which the Chief Executive Officer (Housing) has an interest.

Clause 15	No dealings with certain land without consent of Chief Executive Officer (Housing)

This clause provides that a registered community housing provider must not transfer or otherwise deal with land in which the Chief Executive Officer (Housing) has an interest unless:
·	the Chief Executive Officer (Housing) consents to the transfer or other dealing; or
·	the transfer or other dealing is authorised, or is of a class that is authorised, by an agreement between the Housing Agency and the registered community housing provider; or
·	an agreement between the Housing Agency and the registered community housing provider provides that this provision does not apply to the land concerned.

The clause also provides that where consent of the Chief Executive Officer (Housing) to transfer or otherwise deal with land is required, he or she must not unreasonably withhold such consent.

Clause 16	Registrar-General to make recording in land register

This clause provides that the Registrar-General must, on application by the Chief Executive Officer (Housing), make a recording in the land register to indicate that the land specified in the application is subject to Part 3 of the Community Housing Providers (National Uniform Legislation) Act 2013. The Chief Executive Officer (Housing) must provide details of any exempt transactions in the application.

The clause also provides that the Registrar-General must, on application by the Chief Executive Officer (Housing), remove a record in the land register.

The clause provides that if the Registrar-General makes a recording following an application by the Chief Executive Officer (Housing), he or she must not register a transfer of the land or any other dealing with the land that is otherwise registrable under the Land Title Act unless:
·	the Chief Executive Officer (Housing) has given consent to the transfer or other dealing; or
·	the transfer or other dealing is an exempt transaction; or
·	the record has been removed following an application by the Chief Executive Officer (Housing).

The clause provides that an application under this provision by the Chief Executive Officer (Housing) must be made in the approved form under the Land Title Act and be accompanied by the fee prescribed by the Regulations under that Act.  

This clause also defines the term “exempt transaction”.

Part 4	Miscellaneous matters

Clause 17	Acquisition on just terms

This clause ensures that the Community Housing Providers National Law (NT) conforms with section 50(1) of the Northern Territory (Self-Government) Act 1978 (Cth), by providing that where the operation of the legislation would result in an acquisition of property from a person otherwise than on just terns, the person is entitled to receive just terms compensation. The amount of the compensation or other just terms may be decided by a court of competent jurisdiction.

Clause 18	Regulations

This clause enables the Administrator to make regulations for this Act.

APPENDIX	     COMMUNITY HOUSING PROVIDERS NATIONAL LAW

Clause 4 provides for this appendix.

Part 1	Preliminary

Clause 1	Short title

This clause provides that the National Law may be cited as the Community Housing Providers National Law.

Clause 2	Commencement

The clause provides for when the National Law commences in a participating jurisdiction. The application of this National Law will be at the commencement of the Community Housing Providers (National Uniform Legislation) Act 2013, on the day fixed by the Administrator, by Gazette notice.

Clause 3	Object

This clause provides that the object of the National Law is to provide for a national system of registration, monitoring and regulation of community housing providers to:
·	encourage the development, viability and quality of community housing;
·	promote confidence in the good governance of registered community housing providers so as to facilitate greater investment in that sector; and
·	make it easier for community housing providers to operate in more than one participating jurisdiction.

The clause also provides that one of the purposes of registration is to identify appropriate entities to which government funding for community housing might be provided under other legislation or policies of a jurisdiction.

Clause 4	Definitions

This clause provides the definitions, for the purposes of the National Law, of the terms “binding instructions”, “category of registration”, “community housing”, “community housing asset”, “community housing legislation”, “entity”, “function”, “Housing Agency”, “National Register”, “notice of intent to cancel registration”, “notice of non-compliance”, “participating jurisdiction”, “primary jurisdiction”, “primary Registrar”, “registered community housing provider”, “Registrar”, “registration”, “relevant Minister”, “State” and “statutory manager”.

The clause clarifies that a reference to registration or any other matter under the National Law includes registration or any other act or matter under a law of a participating jurisdiction that substantially corresponds to the provisions of this National Law.

The clause also provides that this National Law is to be interpreted in accordance with the Interpretation Act 1987 of New South Wales.

Clause 5	Primary jurisdiction

This clause provides that for the purposes of this National Law, the primary jurisdiction of an unregistered entity or registered community housing provider is:
·	the participating jurisdiction in which the unregistered entity or registered community housing provider provides the majority of its community housing;
·	in the case of an unregistered entity that provides no community housing in a participating jurisdiction, the participating jurisdiction in which it intends to provide the majority of its community housing; or
·	if the Registrars for each participating jurisdiction agree on a different participating jurisdiction; that jurisdiction.

The clause also provides that the Registrar may agree to a different primary jurisdiction at any time whether or not on the application of the unregistered entity or registered community housing provider.

The clause provides that the Registrars must ensure that the unregistered entity or registered community housing provider concerned is notified in writing of its new primary jurisdiction as soon as practicable after making an agreement under this provision. If the agreement relates to a registered community housing provider, the National Register must be updated accordingly.

The clause also clarifies that housing in a jurisdiction other than a participating jurisdiction is not to be taken into account in determining where the majority of the community housing of an unregistered entity or a registered community housing provider is located.

Clause 6	Single national register

This clause clarifies that the intention of this National Law is that the National Register of Community Housing Providers is on single national register. 

Clause 7	Extraterritorial operation of Law

This clause provides that the intention of the Northern Territory Parliament that the operation of this National Law is to, as far as possible, include operation in relation to the following:
·	things situated in or outside the territorial limits of NT;
·	acts, transactions and matters done, entered into or occurring in or outside the territorial limits of NT; and
·	things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.

Clause 8	Law binds the State

This clause provides that the National Law binds the State. The reference to “State” is a reference to the Territory.

Part 2	The Registrar

Clause 9	The Registrar

This clause provides that there must be a Registrar for each participating jurisdiction. This clause also provides that the Registrar for a participating jurisdiction is the individual or body declared by the community housing legislation of that jurisdiction to be the Registrar for the purposes of this National Law.  

The clause clarifies that the Registrar for a participating jurisdiction is subject to the control and direction of the relevant Minister of that jurisdiction.

Clause 10	Functions of Registrar

This clause sets out the functions of the Registrar which include:
·	maintaining the National register of Community Housing Providers jointly with the Registrars of other participating jurisdictions;
·	assessing the suitability of entities to be registered as registered community housing providers;
·	registering entities as registered community housing providers and cancelling the registration of registered community housing providers;
·	monitoring compliance by registered community housing providers with community housing legislation and exercising enforcement and intervention functions under that legislation;
·	investigating complaints about the compliance of registered community housing providers with community housing legislation;
·	providing information about the registration of entities and information about the   compliance of registered community housing legislation;
·	sharing information and cooperating with Registrars of other participating jurisdictions for the purposes of community housing legislation;
·	providing information and advice to the relevant Minister and Housing Agency in relation to the registration of entities and the regulation of registered community housing providers and any other matter under community housing legislation; and
·	any other function conferred or imposed on the Registrar by or under this Law or any other law.

The clause also provides that in exercising functions under this National Law, a Registrar is required to comply with any guidelines made jointly by the relevant Ministers of each participating jurisdiction and published in the New South Wales Gazette or on the NSW legislation website.

The clause clarifies that a Registrar and any delegate of the Registrar is not personally liable for any matter or thing done or omitted to be done in good faith in the exercise of his or her functions.
 
Clause 11	Delegation of functions by Registrar

This clause enables the Registrar of a jurisdiction to delegate any of his or her functions under the National Law to the Registrar of another participating jurisdiction or a person or person of a class, declared by the community housing legislation of the jurisdiction, for the purposes of this provision.

The clause provides that the functions that may be delegated include:
·	functions of the Registrar as primary Registrar for an unregistered entity or registered community housing provider;
·	functions conferred on the Registrar by the conditions of registration; and
·	functions delegated to the Registrar by the Registrar for another participating jurisdiction. 

Part 3 	Registration

Clause 12	National Register of Community Housing Providers

This clause establishes the National Register of Community Housing Providers. The clause also sets out the information to be recorded on the National Register in respect of each entity whose application for registration has been approved as follows:
·	the name and identifying details of the entity;
·	the category of registration of the entity;
·	the primary jurisdiction of the entity;
·	each other participating jurisdiction in which the entity has community housing assets;
·	the conditions to which the registration of the entity is subject;
·	a copy of any notice of intent to cancel registration issued to the entity;
·	whether the registration of the entity has been cancelled at any time and details of any such cancellation including a copy of any notice of cancellation issued to the entity;
·	a copy of any binding instructions issued to the entity;
·	details of any appointment of a statutory manager including a copy of the relevant instrument of appointment; and 
·	any other information about the entity that a Registrar considers to be relevant for the purposes of the National Law.

The clause allows Registrars to divide the National Register into different parts to assist in the administration of the register, if the Registrars agree.

The clause also allows the primary Registrar for an entity to vary the category of registration of the entity at any time and move the entity’s registration to any other part of the National Register. However, the Registrar must give written notice of the variation of the registration category to the entity.

Clause 13	Application for registration or variation of registration

The clause enables an entity that provides or intends to provide community housing to apply to the primary Registrar for registration as a community housing provider under the National Law or a variation of registration. The application must be in a form approved by the primary Registrar for the entity and be accompanied by the fee determined in accordance with the community housing legislation.

The clause provides that the application can be made by or on behalf of the entity. However, the application may only be made to the primary Registrar for the entity. The clause also provides that a Registrar who receives an application but who is not the primary Registrar for the entity must refer the application to the primary Registrar. If the application is made to a Registrar who is not the primary Registrar, the Registrar to whom the application has been made must refer it to the primary Registrar.

The clause provides that the primary Registrar may require an applicant to provide further information or documents for the purposes of determining the application. This information or documents include the exercise of the provider’s functions and any arrangements with other persons in relation to the exercise of the provider’s functions and the affairs of the provider. However, in doing so, the Registrar is not authorised to require information or any document that identifies an individual who is an occupier of residential premises.

Clause 14	Determination of application

The clause requires the primary Registrar to approve an application for registration or variation of registration duly made by or on behalf of an entity if he or she is satisfied that:
·	the entity provides or intends to provide community housing in a participating jurisdiction;
·	the entity will comply with the community housing legislation of the participating jurisdictions;
·	the entity will comply with any conditions to which its registration, or registration as varied, will be subject; and
·	approval of the application is appropriate in the circumstances.

The clause also provides that the Registrar must, as soon as is practicable after making a determination, notify the applicant in writing of:
·	the determination;
·	if the application is not approved, the reasons for the determination; and
·	if the application is approved, the category of the registration including whether the entity has been registered in a particular part on the National Register and any conditions to which the registration is subject.

Clause 15	Conditions of registration

The clause requires a registered community housing provider to comply with the conditions of registration and sets out those conditions. The conditions include that the provider must:
·	comply with those provisions of the National Regulatory Code that are identified on the National Register as applying to the provider;
·	comply with and any applicable requirements of the community housing legislation of a participating jurisdiction in relation to the transfer of, or other dealing with, any community housing assets of the provider;
·	have provision in its constitution for all its remaining community housing assets in a participating jurisdiction on its winding up to be transferred to another registered community housing provider or to a Housing Agency in the jurisdiction in which the asset is located;
·	at the times and in a manner approved by the primary Registrar for the provider, provide any information required by the primary Registrar with respect to the exercise of the provider’s functions, including arrangements with other persons with respect to the exercise of the provider’s functions;
·	after receiving a written request for information from a Registrar in relation to the affairs of the provider, provide within 14 days (or such longer period as may be permitted by the Registrar) the Registrar with the information requested including a copy of any document or record specified in the request;
·	if requested to do so in writing by the Registrar, ensure that a suitably qualified officer of the provider attends, at such times as the Registrar may direct, a meeting with the Registrar in order to answer questions about the affairs of the provider;
·	allow a Registrar to carry out inspections at any reasonable time of the provider’s premises or records;
·	keep a list of all of the provider’s community housing assets in a form approved by the primary Registrar and must make the list available to the primary Registrar on request; and
·	notify the primary Registrar for the provider of the occurrence of any of the following within the time specified:
o	a decision to appoint a voluntary administrator to the provider or a decision to wind-up the provider – as soon as practicable after the decision;
o	the appointment of a receiver to the provider – as soon as practicable after the providers learns of the appointment;
o	a decision to apply for the cancellation of the provider’s registration – as soon as practicable after the decision and at least 28 days before the application is made;
o	a decision to conduct a vote at a meeting on a matter that could affect the provider’s eligibility to be registered or its category of registration – as soon as practicable after the decision and at least 28 days before the meeting is held;
o	a change in the affairs of the provider that may have an adverse impact on its compliance with the community housing legislation – before or no later than 72 hours after the change; or
o	any other occurrence notified in writing to the provider by the primary Registrar – within the time specified in that notice.

The clause also provides that the primary Registrar for the community housing provider may impose on the registration of a provider, an additional standard conditions of registrations, agreed to previously with other Registrars, when determining an application for registration or variation of registration or at any other time by notice in writing to the provider. Where the primary Registrar proposes to impose an additional standard condition, other than at the time of determining an application for registration or variation of registration, the Registrar must give the provider an opportunity to make a submission. The primary Registrar must take into account any submission made before issuing a notice to the provider imposing the additional standard condition.

The clause provides that the primary Registrar may revoke an additional standard condition for the registered community housing provider at any time by written notice to the provider.

The clause also clarifies that the provision does not authorise a registered community housing provider to provide information to a Registrar that identifies an individual who is an occupier of residential premises without the consent of the individual. Similarly, the provision does not authorise a Registrar to enter residential premises occupied by an individual without the consent of the individual.

Clause 16	Cancellation of registration

This clause provides for situations when the registration of a community housing provider may be cancelled. This includes when the provider has applied to the primary Registrar, in a form approved by the Registrar, for its registration to be cancelled or when a provider has been wound up or otherwise ceased to exist. However, where the provider makes an application for the cancellation of its registration, the primary Registrar may refuse to cancel the registration of the provider if he or she is not satisfied that each community housing asset of the provider in each participating jurisdiction has been transferred or otherwise dealt with in accordance with the community housing legislation of a participating jurisdiction that applies to the asset. 

The clause also provides that the primary Registrar for a community housing provider may also cancel the registration of the provider if:
·	the Registrar has issued a notice of intent to cancel registration to the provider;
·	the provider has not, within the time specified in the notice, satisfied the Registrar that its registration should not be cancelled; and
·	the Registrar has given written notice to the provider of his or her decision to cancel the provider’s registration setting out the reasons for the proposed cancellation and the date on which the cancellation is to take effect.

Part 4 	Enforcement powers of Registrar

Clause 17	When action may be taken under Part

This clause provides that action may be taken under this Part by a primary Registrar for a registered community housing provider if he or she reasonably believes that the provider is not complying with the community housing legislation of a participating jurisdiction.

Clause 18	Notice of non-compliance

This clause enables the primary Registrar for a registered community housing provider to issue a written notice of non-compliance with the community housing legislation to the provider identifying the matters that are to be addressed in order to avoid cancellation of the provider’s registration. The notice must specify a reasonable period in which those matters are to be addressed. The Registrar must also provide a copy of the notice to the Registrar for each participating jurisdiction. 

Clause 19	Binding instructions to rectify non-compliance

This clause enables the primary Registrar for a registered community housing provider to issue written instructions to the provider specifying the manner in which the provider is to address any matter that is the subject of a notice of non-compliance. More than one set of instructions may be issued in relation to a notice of non-compliance.

The clause provides that in determining whether to give such instructions, the Registrar must have regard to the interests of any tenants of the provider and take reasonable steps to obtain the views of any regulatory bodies that he or she considers have a relevant interest in the matter. 

The clause clarifies that a registered community housing provider and each relevant person must comply with the instructions given by the Registrar within the period (if any) specified in those instructions. The clause also defines the term “relevant person.”

Clause 20	Notice of intent to cancel registration

This clause enables the primary Registrar for a registered community housing provider to issue a notice of intent to cancel registration to the provider if the Registrar is of the opinion that the provider has not addressed the matters identified in a notice of non-compliance issued to the provider within the period specified in the notice. A notice of intent to cancel registration may also be issued if the provider has not complied with binding instructions within the required period or if the failure to comply with the community housing legislation is serious and requires urgent action.

The clause states that a notice of intent to cancel registration is a written notice that identifies the matters that the Registrar considers warrant cancellation of the registration of the provider. The notice should also states that the provider’s registration will be cancelled unless the provider satisfies the Registrar that its registration should not be cancelled within a period of at least 14 days, as specified in the notice. However, any period specified in the notice may be extended at the request of the provider if the Registrar is satisfied that there are good reasons for extending the period. This extension of the period must be in writing.

The clause also provides that the Registrar must provide a copy of the notice to the Registrar and Housing Agency for each participating jurisdiction.

Clause 21	Statutory managers

This clause provides that the primary Registrar for a registered community housing provider may appoint a statutory manager to conduct specified affairs and activities of the provider that relate to the community housing assets of the provider. The Registrar may appoint a statutory manager if a notice of intent to cancel registration has been issued to the provider or the Registrar forms the opinion that the failure of the provider to comply with community housing legislation or binding instructions is serious and requires urgent action.

The appointment of the statutory manager must be by instrument in writing. The instrument must specify the statutory manager’s name, details of the provider, the functions of the statutory manager and limitations on those functions, the date on which the appointment takes effect, the period of appointment, conditions of the appointment and any other matter the Registrar considers appropriate.

The clause provides that a copy of the instrument of appointment must be served on the provider. The clause clarifies that the statutory manager has the functions specified in the instrument, subject to any limitations specified, and must comply with any conditions of appointment. The governing body of the provider may not exercise any functions without the consent of the statutory manager appointed to exercise the functions of the provider.

The clause also provides that the Registrar may amend or revoke the instrument at any time. The Registrar must revoke the statutory manager’s appointment if he or she is satisfied that the provider will no longer fail to comply with community housing legislation or any binding instructions. The statutory manager’s appointment must also be revoked if the provider no longer has any functions with respect to community housing in participating jurisdictions or the provider has been wound up.

Clause 22	Other provisions relating to exercise of functions by statutory manager

The clause clarifies that the appointed statutory manager’s expenses of and incidental to the conducting the affairs of a registered community housing provider are payable by the provider. This includes the remuneration of the statutory manager where he or she is not an employee of the State or Territory and which may be a fixed rate of remuneration by the relevant Minister. It also includes the reimbursement of the State or Territory of an amount certified by the relevant Minister in respect of the remuneration of that employee, where the statutory manager is an employee of the State or Territory. This amount is recoverable from the provider in a court of competent jurisdiction as a debt due to the State or Territory.

The clause also clarifies that the appointed statutory manager is not liable for any loss incurred by the provider during his or her term of office unless the loss was due to his or her wilful misconduct, gross negligence or wilful failure to comply with community housing legislation or other law regulating the conduct of members of the governing body of the provider.

Clause 23	Displacement of Corporations Act 2001 (Cth)

The clause declares that the provisions relating to binding instructions and the appointment of a statutory manager are Corporations legislation displacement provisions for the purpose of section 5G of the Corporations Act 2001 of the Commonwealth. The effect of the declaration is to enable those proposed sections to prevail despite any inconsistencies with the Commonwealth Act. 

Clause 24	No compensation payable by State

The clause clarifies that there is no compensation payable by or on behalf of a State or Territory (which includes the Crown in right of a participating jurisdiction) in connection with the operation of the provisions relating to the enforcement powers of the Registrar. These include the cancellation of registration, imposition of conditions on registration, publication of any notice of intent to cancel registration, issuing of binding instructions or the appointment of a statutory manager.

The clause also defines the term “compensation”. 

Part 5 Miscellaneous

Clause 25	Appeals to Appeal Tribunal

This clause confers, to an entity, a right of appeal against certain decisions of a Registrar. These include a decision to: refuse an application for registration or variation of registration; impose or revoke any additional standard condition of registration; issued binding instructions; vary the category of registration; cancel registration; refuse an application for the cancellation of registration; and appoint a statutory manager.

The clause provides that an appeal must be made within the relevant appeal period after the Registrar provides the entity with written notice of the decision. The notice should specify the reasons of the decision, the right to appeal to the Appeal Tribunal within the relevant appeal period after the entity is provided with the notice, the manner in which the appeal may be made and whether the decision is to be stayed pending determination of the appeal.

The clause clarifies that the Registrar’s decision is not to be stayed unless the Registrar notifies the entity that the decision is stayed or the Appeal Tribunal orders the decision to be stayed.

The clause also defines the term “Appeal Tribunal”. In the Northern Territory, the Appeal Tribunal will be the Local Court.

Clause 26	Disclosure of information

This clause imposes a duty on a Registrar and any delegate of a Registrar not to disclose information obtained in the course of the administration of the National Law. However, disclosure is permitted where it is made in connection with the administration or execution of the National Law or other law, with the consent of the person from whom the information was obtained, in accordance with an authority provided by guidelines made jointly by the relevant Ministers of each participating jurisdiction or with other lawful excuse.

Schedule 1 	National Regulatory Code

This Schedule contains certain requirements relating to the conduct and management of the affairs of a registered community housing provider. These include tenant and housing services, housing assets, community engagement, governance, probity, management and financial viability.