Housing Amendment (Victorian Housing Register and Other Matters) Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 Part 2—Amendments relating to social housing 3 4 Definitions 3 5 New Part VIIIA inserted 5 6 Inspectors may require certain persons to appear, answer questions and produce documents 14 7 When powers of Registrar may be exercised 14 8 Registrar may give instructions to registered agency 14 9 Regulations 15 Part 3—Delegation of Director's powers 16 10 Delegation 16 Part 4—Repeal of amending Act 17 11 Repeal of amending Act 17 ═══════════════ Endnotes 18 1 General information 18 -- 1 of 19 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Housing Amendment (Victorian Housing Register and Other Matters) Act 2016† No. 75 of 2016 [Assented to 13 December 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is to amend the Housing Act 1983— (a) to provide for the establishment and administration of the Victorian Housing Register for the purposes of registering applicants for tenancies in social housing Victoria -- 2 of 19 -- Part 1—Preliminary Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 2 Authorised by the Chief Parliamentary Counsel and facilitating the allocation of tenancies in social housing; and (b) to enable the Director to determine matters in relation to the Victorian Housing Register and the allocation of tenancies in social housing; and (c) to enable information sharing between relevant persons— (i) for the purposes of the Victorian Housing Register; and (ii) to support disadvantaged Victorians in accessing adequate and appropriate housing; and (d) to make further provision for the delegation of the Director's powers. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 1 October 2017, it comes into operation on that day. 3 Principal Act In this Act, the Housing Act 1983 is called the Principal Act. -- 3 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendments relating to social housing 4 Definitions In section 4(1) of the Principal Act insert the following definitions— "applicant (other than in Schedule 3) means an individual who applies for, or has entered into, a tenancy in social housing; authorised person means— (a) a person authorised by the Director under section 142G to access the Victorian Housing Register; and (b) a person belonging to a class of person authorised by the Director under section 142G to access the Victorian Housing Register; designated service provider means an agency, a body or a person providing services under any of the following for the purposes of assisting disadvantaged individuals to access social housing— (a) a State contract or any other contract or agreement between the agency, body or person and the Director, the Department or any other Department of the State; (b) a contract or agreement between the agency, body or person and a Department of the Commonwealth; eligible applicant means an applicant who meets the eligibility criteria for a tenancy in social housing; -- 4 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 4 Authorised by the Chief Parliamentary Counsel eligibility criteria means the criteria determined by the Director under section 142E(1)(a); health information has the same meaning that it has in the Health Records Act 2001; household member, of an applicant, means an individual who resides, or intends to reside, with the applicant in social housing; participating designated service provider means a designated service provider that is declared by the Director under section 142F(2)(a) to be a participating designated service provider; participating registered agency means a registered agency that is declared by the Director under section 142F(2)(b) to be a participating registered agency; personal details, of an applicant or a household member of an applicant, has the meaning given by section 142C(2); personal information has the same meaning that it has in the Privacy and Data Protection Act 2014; priority category means a category determined by the Director under section 142E(1)(b); relevant information (other than in section 90) has the meaning given by section 142I; relevant person has the meaning given by section 142I; sensitive information has the same meaning that it has in the Privacy and Data Protection Act 2014; -- 5 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 5 Authorised by the Chief Parliamentary Counsel social housing means— (a) public housing; and (b) housing owned, controlled or managed by a participating registered agency; State contract has the same meaning that it has in the Privacy and Data Protection Act 2014; unique identifier has the same meaning that it has in the Privacy and Data Protection Act 2014; Victorian Housing Register means the register of applicants established and administered under section 142A;". 5 New Part VIIIA inserted After Part VIII of the Principal Act insert— "Part VIIIA—Social housing Division 1—Victorian Housing Register 142A Establishment of Victorian Housing Register (1) The Director must establish and administer a register of applicants for tenancies in social housing to be known as the Victorian Housing Register. (2) The purpose of the Victorian Housing Register is to facilitate the appropriate allocation of tenancies in social housing, having regard to— (a) the relative housing needs of eligible applicants; and (b) the health, safety and support needs of eligible applicants; and (c) the availability of social housing. -- 6 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 6 Authorised by the Chief Parliamentary Counsel 142B Form of Victorian Housing Register The Director may keep the Victorian Housing Register in any form that the Director considers appropriate, including in the form of a database (whether in computerised or other form and however described). 142C What information is to be included in the Victorian Housing Register? (1) The Victorian Housing Register may include the following information— (a) the personal details of an applicant; (b) the priority category determined to apply to an eligible applicant; (c) the personal details of a household member of an applicant; (d) the full name and contact details of a person nominated by an applicant, if any; (e) any other information that is relevant to an application for a tenancy in social housing; (f) any other information that the Director considers appropriate to include in the Victorian Housing Register. (2) In this section— personal details, of an applicant, or of a household member of an applicant, includes the following— (a) the individual's full name and contact details; (b) the individual's date of birth and gender; -- 7 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 7 Authorised by the Chief Parliamentary Counsel (c) the full name and contact details of the individual's guardian (within the meaning of section 3(1) of the Guardianship and Administration Act 1986), if any; (d) the health, safety and support needs of the individual, including health information that is relevant to the individual's housing requirements; (e) sensitive information that is relevant to the individual's housing requirements; (f) any unique identifier assigned to the individual; (g) any other information relating to an assessment of the individual's housing requirements. 142D Changes to information recorded in the Victorian Housing Register For the purposes of maintaining the accuracy of information in the Victorian Housing Register or complying with the requirements of this Act or any other Act, the Director or an authorised person may enter, review, amend or remove any information in the Victorian Housing Register relating to an applicant or to a household member of an applicant. 142E Determinations made by Director (1) The Director may determine any of the following for the purposes of allocating tenancies in social housing to applicants on the Victorian Housing Register— -- 8 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 8 Authorised by the Chief Parliamentary Counsel (a) eligibility criteria that must be met by an applicant to be eligible for a tenancy in social housing; (b) priority categories for the purposes of identifying the relative needs of eligible applicants for social housing; (c) priority criteria that must be met by an eligible applicant for a particular priority category to apply to that eligible applicant; (d) any other general matter to which the Director and authorised persons must have regard when performing functions or exercising powers in relation to the Victorian Housing Register. (2) The Director must ensure that any determination made under subsection (1) is published in the Government Gazette. (3) The Director or an authorised person (as the case may be) must take into account determinations made under subsection (1) when determining any of the following— (a) whether an applicant is an eligible applicant; (b) which priority category applies to an eligible applicant; (c) whether to allocate a tenancy in social housing to an eligible applicant. 142F What is a participating designated service provider or participating registered agency? (1) A designated service provider or registered agency may apply in writing to the Director to be declared a participating designated service provider or participating registered -- 9 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 9 Authorised by the Chief Parliamentary Counsel agency (as the case may be) for the purposes of this Part. (2) The Director may declare— (a) a designated service provider to be a participating designated service provider; or (b) a registered agency to be a participating registered agency. (3) The Director may revoke a declaration made under subsection (2)— (a) on the written request of a participating designated service provider or a participating registered agency; or (b) on the Director's own motion. (4) The Director must publish on the Department's Internet site a list containing the name of each participating designated service provider and each participating registered agency. 142G Authorisation to access the Victorian Housing Register (1) A person employed or engaged by a participating designated service provider or by a participating registered agency may apply in writing to the Director for authorisation to access the Victorian Housing Register. (2) The Director may authorise in writing a person, or class of person, employed or engaged by a participating designated service provider or by a participating registered agency to access the Victorian Housing Register for the purposes referred to in section 142H. -- 10 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 10 Authorised by the Chief Parliamentary Counsel (3) An authorisation under this section is subject to any condition or limitation that the Director considers appropriate. (4) In determining whether to authorise a person, or class of person, under this section, the Director must have regard to the prescribed access criteria, if any. (5) The Director may revoke the authorisation of a person, or class of person, under this section for any reason, including if the Director is satisfied that the person, or a person belonging to the class of person— (a) has accessed the Victorian Housing Register for a purpose not referred to in section 142H; or (b) has used information which was accessed from the Victorian Housing Register for a purpose not referred to in section 142H; or (c) has failed to comply with any condition or limitation to which the authorisation is subject; or (d) no longer satisfies the prescribed access criteria, if any. 142H Access to the Victorian Housing Register The Director or an authorised person may access the Victorian Housing Register for any of the following purposes— (a) to maintain the accuracy of the information in the Victorian Housing Register; (b) to determine whether an applicant meets the eligibility criteria for a tenancy in social housing; -- 11 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 11 Authorised by the Chief Parliamentary Counsel (c) to determine which priority category applies to an eligible applicant; (d) to determine whether to allocate a tenancy in social housing to an eligible applicant; (e) to verify the personal details of an applicant or of a household member of an applicant; (f) to verify the status of an applicant's application for a tenancy in social housing; (g) to prepare reports and compile statistics in relation to the use of the Victorian Housing Register; (h) to perform any other function or exercise any power conferred on the Director or authorised person, as the case may be, by this Part. Division 2—Information sharing 142I Definitions In this Division— relevant information means— (a) personal details of an applicant or of a household member of an applicant; and (b) any other information relating to an applicant's application for a tenancy in social housing; and (c) information relating to the adequacy and appropriateness of an applicant's current housing or future housing needs; -- 12 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 12 Authorised by the Chief Parliamentary Counsel relevant person means— (a) the Director; and Note See also section 35. (b) a registered agency; and (c) a person employed or engaged by a registered agency; and (d) a designated service provider; and (e) a person employed or engaged by a designated service provider. 142J Collection, use and disclosure of relevant information permitted in certain circumstances (1) A relevant person may collect or use relevant information, or disclose relevant information to another relevant person, to the extent necessary for any of the following purposes— (a) to determine whether an applicant meets the eligibility criteria for social housing; (b) to determine which priority category applies to an eligible applicant; (c) to determine whether to allocate a tenancy in social housing to an eligible applicant; (d) to determine the health, safety and support needs and housing requirements of individuals who are seeking housing assistance; -- 13 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 13 Authorised by the Chief Parliamentary Counsel (e) to facilitate the management and granting of tenancies in social housing and in other housing to support individuals to access housing that is appropriate to their needs; (f) to prepare reports and compile statistics in relation to the use of the Victorian Housing Register; (g) to perform any other functions or exercise any power under this Act; (h) to give information that the relevant person is otherwise expressly authorised, permitted or required to give under this Act. (2) In addition to the purposes referred to in subsection (1), a relevant person who is also an authorised person may collect or use relevant information, or disclose relevant information to another relevant person, to the extent necessary for any of the following purposes— (a) to establish and administer the Victorian Housing Register; (b) to maintain the accuracy of the Victorian Housing Register. Note See IPP 2.1(f) of the Privacy and Data Protection Act 2014 and HPP 1.1(b) and 2.2(c) of the Health Records Act 2001. (3) Nothing in this section affects any prohibition in any Act (other than this Act, the Health Records Act 2001 and the Privacy and Data Protection Act 2014) on the collection, use or disclosure of the relevant information.". -- 14 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 14 Authorised by the Chief Parliamentary Counsel 6 Inspectors may require certain persons to appear, answer questions and produce documents In section 116(1) of the Principal Act, for "this Part, the regulations under this Part" substitute "this Part, Part VIIIA, the regulations under this Part or Part VIIIA". 7 When powers of Registrar may be exercised After section 130(1)(b) of the Principal Act insert— "(ba) in the case of a registered agency that is a participating registered agency, an authorised person employed or engaged by the participating registered agency fails to perform functions or exercise powers in relation to the Victorian Housing Register in accordance with a determination of the Director under section 142E(1); or (bb) a relevant person referred to in paragraph (b) or (c) of the definition of relevant person in section 142I collects, uses or discloses relevant information for a purpose not referred to in section 142J; or". 8 Registrar may give instructions to registered agency After section 132(2)(b) of the Principal Act insert— "(ba) the provision of information or the production of documents to the Registrar in relation to the performance of functions by the registered agency for the purposes of the Victorian Housing Register;". -- 15 of 19 -- Part 2—Amendments relating to social housing Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 15 Authorised by the Chief Parliamentary Counsel 9 Regulations After section 143(2)(f) of the Principal Act insert— "(fa) access criteria to which the Director must have regard in determining whether to authorise a person, or class of person, to access the Victorian Housing Register;". -- 16 of 19 -- Part 3—Delegation of Director's powers Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 16 Authorised by the Chief Parliamentary Counsel Part 3—Delegation of Director's powers 10 Delegation (1) In section 35(1) of the Principal Act omit "and the Director's powers and functions under Division 6 of Part VIII". (2) Section 35(1A) of the Principal Act is repealed. -- 17 of 19 -- Part 4—Repeal of amending Act Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 17 Authorised by the Chief Parliamentary Counsel Part 4—Repeal of amending Act 11 Repeal of amending Act This Act is repealed on 1 October 2018. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 18 of 19 -- Endnotes Housing Amendment (Victorian Housing Register and Other Matters) Act 2016 No. 75 of 2016 18 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 26 October 2016 Legislative Council: 10 November 2016 The long title for the Bill for this Act was "A Bill for an Act to amend the Housing Act 1983 to provide for the establishment and administration of the Victorian Housing Register in relation to social housing, to enable the Director to determine matters relating to the Victorian Housing Register and the allocation of tenancies in social housing, to enable information sharing between relevant persons for certain purposes, to make further provision for the delegation of powers of the Director and for other purposes." -- 19 of 19 --