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Registered agency regulatory requirements

Registered housing agencies must meet all requirements under the Housing Act 1983 (Vic).

Compliance requirements

Compliance requirements for registered agencies are specified in the Housing Act 1983 (Vic) (Housing Act) and are summarised below. Further information can be found on each compliance requirement by clicking on the topic headings.

Public Register

s91 registered agencies must notify the Registrar in writing within 14 days if there is any change to their information recorded in the Register of Housing Agencies (Public Register)

Performance Standards

s95

registered agencies must comply with Performance Standards

Complaints management

s97 (1)

registered agencies must establish a complaints procedure for tenants and prospective tenants

s97 (2)

registered agencies must take all reasonable steps to resolve a complaint within 30 days of it being made to the registered agency

s97 (3)

registered agencies must maintain a register of complaints and make it available for inspection by the Registrar of Housing Agencies (Registrar)

Investigations and intervention

s99 (2)

registered agencies must co-operate with an investigation conducted by the Registrar or a Registrar’s appointee in relation to a complaint

s100 (3)

registered agencies must comply with a Registrar direction to remedy a complaint or take action to reduce the likelihood of future complaints

s109 (1)

registered agencies or former registered agencies must not transfer, sell, lease, mortgage, charge or otherwise deal with land in which the Director of Housing (DOH) has an interest –unless the DOH consents in writing or the land is exempt from this section

s112 - 128

inspection powers of the Registrar and inspectors appointed by the Registrar

s131

the Registrar may recommend governing body appointments to a registered agency after consultation with the registered agency’s governing body

s132 (8)

registered agencies must comply with an instruction from the Registrar to a registered agency or the registered agency’s governing body

Further requirements in the Housing Act for registered agencies include:

  • submitting specific reports and declarations to the Registrar on an annual basis (including annual compliance assessment reports and reportable events)

  • notifying the Registrar of any proposed changes to the Constitution or Rules 28 days in advance

  • notifying the Registrar of any event that has or may have an adverse impact on a registered agency’s compliance with Performance Standards and/or other regulatory obligations under the Housing Act (known as ‘reportable events’)

Registered agencies also have requirements placed on them by other regulatory bodies, including the Australian Charities and Not-for-Profit Commission, Australian Tax Office, National Disability Insurance Scheme Quality and Safeguards Commission, Department of Health and Human Services, Victorian Equal Opportunity and Human Rights Commission and Independent Broad-based Anti-corruption Commission.

Reporting requirements

Reporting requirements for registered agencies are specified in the Housing Act 1983 (Vic) (Housing Act) and are summarised in the table below. Section 104 of the Housing Act provides the Registrar with powers to introduce other reporting where appropriate.

Annual reporting

Due date
s104 Data on results against key performance measures (KPMs) for the performance year.  End of August
Self-assessment of achievements against objectives and targets in the annual business plan for the performance year.
Annual business plan for the upcoming year.
Un-audited end of financial year reports (housing associations).
s104 Financial performance report showing historical and projected trends. Not more than 28 days after the annual general meeting of the registered agency
s105 Self-assessment of performance against Performance Standards. Not more than 28 days after the annual general meeting of the registered agency
Audited financial statements and accounts.
s106 Declarations Not more than 28 days after the annual general meeting of the registered agency

Other reporting

s91 Register of Housing Agencies updates.
s102 Notifications of changes to constitution or rules.
s104 Any other reports or information that the Registrar may require on a registered agency’s operations.
New or updated versions of policies, procedures and other critical registered agency business documents.
New or updated key documents and reports that inform the Registrar about changes in registered agency business practice or strategic direction.
Reports or other evidence of implementation of relevant processes and systems within registered agency Reportable events.
s108 Notification of changes to land interests.
s134 Notification of intention to wind up.

Reportable events

Registered agencies are required to provide the Registrar with a notice of reportable events.

A reportable event is any event that has or may have an adverse impact on a registered agency’s compliance with Performance Standards and/or other regulatory obligations under the Housing Act.

The Housing Registrar will assess the reportable event to determine its impact and will contact the registered agency as necessary for further information or take further action if appropriate. Reportable events are submitted through the Community Housing Information Management and Engagement System (CHiMES).

Registered agency self-assessment

Self-assessment reporting (self-assessment) is designed to provide the Registrar with assurance that registered agencies are meeting Performance Standards, undergoing an ongoing process of self-assessment and continuous improvement and this information is used as evidence to assess a registered agency’s compliance.

As part of the Registrar’s annual compliance assessment, registered agencies are required to provide two self-assessment reports presenting:

  • compliance with Performance Standards and continuous improvements over the relevant performance year
  • achievements against business plan objectives

The Housing Registrar reviews a registered agency’s self-assessments as part of the annual compliance assessment process.

Reviewed 25 February 2021

Housing Registrar

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