1Short titleThis regulation may be cited as the Housing Amendment Regulation 2023.2Regulation amendedThis regulation amends the Housing Regulation 2015.3Amendment of pt 2, hdg (Housing services requirements)Part 2, heading, after ‘requirements’—insert—funded providers other than BTR providers and HIF providers4Amendment of s 5 (Housing services requirements—Act, s 33)Section 5, after ‘funded provider’—insert—, other than a BTR provider or HIF provider, 5Amendment of s 11 (Financial statements for ancillary housing service)Section 11(3)—omit, insert—(3)If the funded provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act.6Amendment of s 19 (Information about housing services)Section 19(4), definition client, paragraph (a), ‘relevant goods or services’—omit, insert—a housing service7Insertion of new pt 2AAfter section 19—insert—Part 2AHousing services requirements—BTR providers and HIF providersDivision 1Preliminary19ADefinitions for partIn this part—BTR provider means an entity that is approved by the State as having the appropriate financial standing, technical capacity and capability to participate in the Build to Rent pilot project.Build to Rent pilot project see section19B.HIF provider means an entity that is approved by the State as having the appropriate financial standing, technical capacity and capability to participate in the Housing Investment Fund program.Housing Investment Fund program see section 19C.19BWhat is the Build to Rent pilot projectThe Build to Rent pilot project is the pilot project administered by the State that seeks to deliver affordable housing to low to moderate income earners by providing rent subsidies to developers to encourage the development of affordable housing in Queensland.19CWhat is the Housing Investment Fund program(1)The Housing Investment Fund program is the program administered by the State that—

(a)seeks to deliver community housing and affordable housing to low to moderate income earners; and

(b)provides subsidies, one-off capital grants and other support to encourage developers, builders, tenancy managers, institutional investors and superannuation funds to develop, finance and operate community housing and affordable housing in Queensland.

(2)In this section—community housing means a community housing service provided by a registered provider.19DHousing services requirements—Act, s 33This part prescribes the requirements relating to the provision of housing services for which a funded provider who is a BTR provider or HIF provider receives funding.Note—A BTR provider or HIF provider is an exempt provider under schedule 4 of the Act. See section 38A.19EInconsistency with funding agreements(1)If a provision of this part is inconsistent with a term of a funding agreement—

(a)the provision prevails; and

(b)the term is void to the extent of the inconsistency.

(2)Subsection (1) does not limit another provision of this regulation.Division 2Financial management and accountability requirements19FUsing funding and receipts(1)This section applies to a BTR provider or HIF provider.(2)The BTR provider or HIF provider must use the funding or receipts that the provider receives for a housing service in a way that complies with the funding agreement for the service.19GFinancial statements for ancillary housing service(1)This section applies to a HIF provider that receives funding for an ancillary housing service.(2)The HIF provider must prepare annual financial statements for each financial year in which the provider receives the funding.(3)If the HIF provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act.(4)If the chief executive requests a copy of the annual financial statements, the HIF provider must comply with the request.(5)The HIF provider must comply with this section even if the provider—

(a)does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or

(b)stops providing the ancillary housing service before fully complying with this section.

19HUsing funded property as security(1)This section applies to a HIF provider.(2)The HIF provider must not use funded property as security for a loan unless the chief executive gives the HIF provider written approval to use the funded property as security for the loan.19IAsset management plans(1)This section applies to a HIF provider.(2)The HIF provider must keep, and implement, a management plan (an asset management plan) for each of the HIF provider’s funded properties.(3)The purpose of an asset management plan is to—

(a)maintain the long-term viability, and value, of the funded property; and

(b)ensure the funded property is appropriate for—

(i)the type of housing service the HIF provider provides; and

(ii)the needs of people using the housing service; and

(iii)the circumstances in which the HIF provider provides the housing service.

(4)An asset management plan must include financial strategies for the plan’s implementation.(5)If the chief executive requests a copy of an asset management plan, the HIF provider must comply with the request.Division 3Governance and service delivery19JCompliance with information privacy principlesA BTR provider or HIF provider must comply with the Information Privacy Act 2009, chapter 2, parts 1 and 3 as if the provider were the department.19KEligibility policy for social housing services(1)This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.(2)The BTR provider or HIF provider must—

(a)have an eligibility policy for the social housing service; and

(b)implement the eligibility policy for the social housing service consistently and fairly.

(3)In this section—eligibility policy, for a social housing service, means a policy that—

(a)states the criteria and procedures for deciding whether a person is eligible to receive the service; and

(b)complies with the funding agreement for the service.

19LAllocations policy for social housing services (1)This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.(2)The BTR provider or HIF provider must—

(a)have an allocations policy for the social housing service; and

(b)implement the allocations policy for the social housing service consistently and fairly.

(3)In this section—allocations policy, for a social housing service, means a policy that—

(a)states the criteria and procedures for deciding whether the service is to be allocated to a person eligible to receive the service; and

(b)complies with the funding agreement for the service.

19MEligibility policy for ancillary housing services(1)This section applies to a HIF provider that receives funding to provide an ancillary housing service.(2)The HIF provider must—

(a)have an eligibility policy for the ancillary housing service; and

(b)implement the eligibility policy for the ancillary housing service consistently and fairly.

(3)In this section—eligibility policy, for an ancillary housing service, means a policy that—

(a)states the criteria and procedures for deciding whether a person is eligible to receive the service; and

(b)complies with the funding agreement for the service.

19NRent policy for residential housing(1)This section applies to a BTR provider or HIF provider that receives funding to provide a housing service for residential use.(2)The BTR provider or HIF provider must—

(a)keep a rent policy for the housing service; and

(b)implement the rent policy for the housing service consistently and fairly.

(3)The BTR provider or HIF provider must comply with subsection (2) even if rent is not paid for the housing service.(4)However, if a tenant pays rent for the housing service, the BTR provider or HIF provider must keep a record of rent calculations for the tenant for the period required under the funding agreement.(5)In this section—rent policy, for a housing service for residential use, means a policy that—

(a)states the criteria and procedures relating to rent paid by a tenant for the service, including, for example, about—

(i)setting the amount of rent; and

(ii)calculating rent payments; and

(iii)collecting rent; and

(iv)managing rent arrears; and

(b)provides for—

(i)explaining rent calculations to the tenant and dealing with their queries about rent; and

(ii)giving the tenant a choice of ways to pay rent; and

(iii)preventing the tenant from getting into serious arrears of rent; and

(c)complies with the funding agreement for the service.

tenant means an individual to whom a housing service is provided for residential use.19OInformation about funded properties(1)This section applies to a HIF provider that receives funding to provide a social housing service.(2)The chief executive may, by notice, require the HIF provider to give the chief executive stated information about each funded property for the service.(3)The HIF provider must comply with the request within the period stated in the notice.(4)If the information given to the chief executive changes, the HIF provider must give details of the change to the chief executive as soon as practicable.19PInformation about housing services(1)This section applies to a HIF provider that receives funding to provide a housing service.(2)The chief executive may, by notice, require the HIF provider to give the following information to the chief executive—

(a)information, including financial information, about the housing service;

(b)information about the use of a funded property for the service;

(c)non-identifying information about a client of the funded provider;

(d)any other information about the funding the HIF provider receives that the chief executive considers appropriate.

(3)The HIF provider must comply with the request within the period stated in the notice.(4)In this section—client—

(a)means a person who—

(i)is receiving a housing service from the funded provider; or

(ii)has applied to the funded provider for a housing service; and

(b)includes a tenant.

8Insertion of new s 38AAfter section 38—insert—38A Additional exempt providers—Act, sch 4, definition exempt provider(1)This section applies in addition to section 38.(2)A BTR provider and an HIF provider are each prescribed as being eligible to receive funding to provide—

(a)a particular social housing service in this jurisdiction; or

(b)any social housing service in this jurisdiction.

9Amendment of sch 2 (Dictionary)Schedule 2—insert—BTR provider see section 19A.Build to Rent pilot project see section19B.HIF provider see section 19A.Housing Investment Fund program see section 19C.