CORE OPERATING POLICIES PROCEDURES
Questions and Answers - Following Consultation
Updated September2015
Eligibility
Question 1:
Why is the Agreement noted as a directive document for the eligibility policy?
Answer:
All core operating policies and procedures are guided by legislation and are consistent with the requirements of the Master Community Housing Agreement.
Question 2:
There is no definition of “supported tenants” in the eligibilitypolicy other than in the supporting documents? This needs to be made clearer.
Answer:
“Supported tenants” is defined in the agreement as “persons who meet the income, assets and/or needs test AND have an approved package of support as defined in the community housing eligibility policy”.
While the eligibility procedure provides greater clarity on the Supported and Supportive Housing Programs, the policy will be amended to clarify that Government may mandate a certain number of ‘supported tenant’ outcomes in the Agreement for those providers making allocations through the Supportive and Supported Social Housing programs.
Question 3:
The policy references an ‘income and assets test’. Where are these found? If this is on the sa.gov.au website, why is this not also referenced here?
Answer:
The purpose of section 2 is to define the terminology that willbe consistently applied across all policies. The prescribed‘income test’ and ‘assets test’ are found in the Eligibility Procedures – Section 6.2 and 7.2.
Question 4:
Under section 3.4.2 why are there ongoing eligibility requirements for tenants on fixed term leases but not for tenants on periodic leases?
Answer:
When government introducedthe segmented waiting list (i.e. eligibility on the basis of need), it was agreed eligibility would only be assessed at allocation with no review mid-tenancy. As periodic tenancies have no end date and fixed term leases do, a review of eligibility is therefore only required prior to entering into a new lease term.
Question 5:
Is step 3 of the eligibility procedure “residency” more consistent with a policy document?
Answer:
The policy sets the intent and the procedure provides further explanation of the policy requirement.
Question 6:
At section 8.2 –“Applying the Housing Needs Assessment (Needs Test)”, what is the reason for including this format? Usually the brackets mean you will use that term as you have done for Master Community Housing Agreement (Agreement).
Answer:
The terms “Housing Needs Assessment” and “Needs Test” are often used interchangeably.
Question 7:
At 8.2.3 it states, "Community housing providers provide registrants with access to appropriate information relating to the full range of housing services and assistance available to them, which may be appropriate to their needs."
Does this imply that the CHP undertakes a task for which they are not funded as this is not a task associated with the assessment?
Answer:
This is to ensure that community housing is the best option for the customer. We will reword to “Community housing providers engage with registrants to ensure that the full range of housing services and assistance available to them have been considered.”
Question 8:
Will the Housing Needs Assessment be attached to the CHCR?
Answer:
Yes.
Question 9:
In Table 1: Homeless or at Risk Criteria of the Eligibility Procedure, what does "Shelter or other support agency documentation" mean?
Answer:
This means that a homeless shelter, domestic violence shelter or a support agency working with a person is able to provide written information to support that the person is homeless or inadequately housed.
Question 10:
Why are definitions for ‘tenant type’not included in this policy?
Answer:
‘Tenant type’ definitions are provided in relevant policies, e.g. tenant types are defined in the Tenant Allocations and Tenure Policy. The intent of the Policy is solely to determine the eligibility for community housing, not to prescribe tenancy type.
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Tenant Allocations and Tenure
Question 1:
Is the reference to ‘probationary tenancies’ contrary to RTT rules?
Answer:
On review of the Residential Tenancies Act and the SAHT Act and in consultation with Consumer and Business Services, there is no indication that probationary tenancies contravene RTT rules. Housing SA also maintains probationary tenancies.
Question 2:
The definition of “volunteer member-tenant managed provider” states that, “A community housing provider which is incorporated under the Associations Incorporation Act 1985 (SA) or the Co-operatives Act 1997 (SA) and which does not engage any paid staff or officers, but operates solely on a volunteer/tenant member managed basis." Does this include service providers?
Answer: The FairWork Act 2009 defines the difference between an employee and an independent contractor. Service providers are not employees under this definition.
Question 3:
Section 1.2 of the Registering Community Housing Customers and Managing Vacancies Procedure states there is still a ‘single entry point’ however if you register for co-op housing and association housing, you need to complete two ROI forms.
Answer:
This section will be reworded to remove the reference to ‘single entry point’.
Question 4:
Step 2 of the Registering Community Housing Customers and Managing Vacancies Procedure states that, “The Housing SA Contact Centre may enter registrations of interest onto the CHCR on behalf of some small community housing providers (mandated in the case of volunteer member-tenant managed providers)”. What does this mean?
Answer:
This will be reworded to, “In the case of volunteer member-tenant managed providers, registrations of interest will be entered by the Housing SA Contact Centre”.
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Rent Management
Question 1:
What does “sufficient provisions” mean in relation to access for supported tenancy type at section 3.1.1 of the Rent Framework for Community Housing Providers?
Answer:
This means that theCHPhas appropriate business processes in place to ensure that access to housing will not be limited for households with a supported tenancy type. This section will be reworded accordingly.
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Property Acquisition and Disposal
Question 1:
Section 3.1 is a little confusing. Renewal SA does not hold title, the CHP does.
Answer:
Yes this is correct. Section 3.1 will be amended to read, “CHPs may acquire properties from Renewal SA through new funding or through property transfers from other CHPs”.
Question 2:
Section 3.3 references CHP rights of appeal under section 25 of the Act. That section references the District Court rather than SACAT?
Answer:
The current version of the Act under Section 25 says “Appeal Tribunal”, not District Court. Part 2 Section 5 of the Act defines Appeal Tribunal as SACAT.
Question 3:
A recent CHO-BIZ article outlined the rights of co-op members if they merged with a housing association. Is step 3 of the Property Transfer Procedure consistent with that written advice?
Answer:
In CHO BIZ March 2013 – The article ‘Voluntary Amalgamations and Mergers’ stated, “…. that Co-operative members retain their permanent periodic tenancy arrangements where groups elect to merge with Housing Associations (including CEHSA), providing they adhere to the conditions of tenancy”. The policy wording supports this written advice.
Question 4:
Section 3 step 1 of the Property Transfer Procedurereferences an “Operating Agreement” between Renewal SA and the Office of Housing Regulation. Isn’t the information the OHR can share governed by law?
Answer:
The National Regulatory Framework sets requirements for participating jurisdictions in relation to information sharing and requires that Registrars will enter into an Operating Agreement with the Housing Agency. Such agreements will be in accordance with the National Law.
The OHR and Renewal SA have entered into an agreement. The agreed arrangements are summarised on the NRSCH website at http://www.nrsch.gov.au/states_and_territories/SA
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Disability Access and Inclusion
Question 1:
What does “provider representative” mean at section 3.1?
Answer:
This means a person acting on behalf of someone with a disability who may not be able to complete the modification request form. Renewal SA will replace this with ‘advocate’ given it is a more recognised term.
Note – for further information call Renewal SA on
1300 700 561 or 1800 686 366 (country callers),
email or see www.sa.gov.au/communityhousing
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