Reporting changes for registered agencies

This Guidance Note provides notification to registered agencies of amendments to reporting requirements effective from 30 March 2022.

Author:
Department of Treasury and Finance
Date:
30 Mar 2022

On 30 March 2022, amendments to the Housing Act 1983 (the Act) came into effect which amend reporting requirements for registered agencies.

These reporting changes have been introduced to improve the efficiency of annual compliance assessments, to facilitate earlier publication of performance data and to ensure registered agency boards have appropriate oversight of their organisation’s performance. The amendments also extend the reporting times for changes to the Register of Housing Agencies to reduce burden on registered agencies.

The Housing Registrar consulted with registered agencies and CHIA Vic prior to the introduction of these legislative amendments.

Summary of changes

Act

Previously

Currently

Self-assessment against performance standards

s105(1)(a)

No certification required

Must be certified by the registered agency’s governing body prior to submission to the Registrar

Provided not more than 28 days after the Annual General Meeting (AGM) Must be provided to the Housing Registrar by 31 October annually

Register of Housing Agencies (register)

s91

Changes to the register must be notified within 14 days

Changes to the register must be notified within 28 days

Financial Performance Report

s104

Provided not more than 28 days after the AGM

Must be provided to the Registrar not more than 14 days after the AGM.

Audited financial statements

s105(1)(b)

Annual declarations

s106

Why are reporting requirements changing?

Changes to reporting times

The Housing Registrar relies on reporting from registered agencies to complete annual compliance assessments and for public performance reporting purposes. The amendments to the Act will:

  • facilitate earlier completion of annual compliance assessments and public performance reporting;
  • provide registered agencies with earlier and more responsive compliance and performance feedback that can inform planning and improvement processes for the subsequent financial year; and
  • enable emerging risks, compliance issues and continuous improvement opportunities to be addressed earlier, for example, through regulatory action plans.

In addition, registered agencies must now notify the Housing Registrar of changes to information recorded in the Register of Housing Agencies within 28 days. This is an increase of two weeks from the previous requirement of 14 days and provides more flexibility to registered agencies in notifying changes to the Housing Registrar.

Changes to certifications

The amendments to the Act introduce a requirement for a registered agency’s board of directors to certify the organisation’s self-assessment against performance standards prior to submission to the Housing Registrar (due 31 October annually). This approach is consistent with principles of good governance, and we expect it is likely to be occurring already in many registered agencies.

Boards are expected to have oversight of the organisation’s performance and compliance status (including its compliance with performance standards and any significant regulatory action items). Whilst some boards may utilise sub-committees for this purpose, the board will retain responsibility for certification under the Act. Registered agencies should have appropriate systems and reporting mechanisms in place to enable boards to provide certification on reporting of compliance with Performance Standards to the Housing Registrar.

What do I need to do?

Timing changes for reporting

Please note the changes in reporting times described above and communicate this to the relevant parts of your organisation involved in reporting. These changes came into effect on 30 March 2022.

Board certification

The Housing Registrar will require evidence of board certification as part of annual compliance assessments.

Examples of sufficient evidence include:

  • board minutes reflecting the board’s consideration and certification of performance against performance standards
  • copy of self-assessment of performance against performance standards signed by Chair.

The Housing Registrar is currently implementing system changes in CHiMES to reflect the updated legislative requirements.

Updated