Registration
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Registering as a community housing agencyWith the passing of the Housing (Housing Agencies) Bill 2004, the landscape of the community housing sector in Victoria is set to change considerably. All community housing providers that receive government funding must register under this new legislation, and they will be required to demonstrate their expertise and competence in a number of key areas. As a result, CHFV has developed some basic resources to provide general information to CHFV members on a number of these key areas. This information will be developed and updated over time. RegistrationCommunity Housing Organisations will be required to register as either an Affordable Housing Association or as a Housing Provider. As of July 2008 there are eight Affordable Housing Associations registered in Victoria and four Housing Providers.
Housing Associations are the designated 'growth vehicles' for social housing under the State Government's "Strategy for Growth in Housing for low-income Victorians". Housing Associations will receive $70 million over five years and they are required to leverage private finance to develop new housing opportunities.
Housing Providers will be funded under the new Housing Provider Framework (HPF) funding model and will have a five year single Lease & Property Agreement with the Office of Housing (OoH).
There are three rounds for lodging registration applications, with the third and final round closing 18 July 2008. Agencies not applying for registration are required to enter into partnership with a registered agency, or hand over their properties either to their preferred registered agency or to the OoH for reallocation by December 2008. The OoH as owner of the properties must approve any partnership or handover arrangement.
Quick links:
‘Risk framework’ diagramCHFV notes that progress is being made by the Dept in consultation with members on financial reporting templates. Members are involved on the steering group and in the project delivery group working on this project. Sue Bell is coordinating this project for the Department. The Department acknowledges some providers will have different levels of reporting requirements and the ‘risk framework’ diagram attached will help inform the assessment needs. Click here for the diagram (pdf 12kb) Not Registering? What happens next?The Office of Housing sector reform process required agencies to notify their intent with regard to registration. There are a large number of support agencies that manage a very small portfolio of properties, and many such agencies may decide that they will not pursue registration. Others have decided to push on with registration but are thinking about a back up plan - just in case. No matter which course your agency takes, it must be finalised - and be approved by the Registrar or OoH - by December 2008.
Not registering? Click here for more information on "What happens next?" (PDF 42kb)
Registration Forums & TrainingCHFV provided a number of Registration Forums in 2007 as part of the Registration Support Project. These workshops, seminars and information sessions were designed to assist housing agencies seeking registration. They cover a broad range of topics and issues that require consideration by agencies in their preparations for registration. On the Registration Forums & Training web page you will find details about upcoming forums and training as well as the learning materials and presentations from past sessions.
Click here to view the Registration Forums & Training web page
Registration. Accreditation. What's the Difference?If your organisation straddles the community housing and homelessness sectors, you will be required to participate in both processes - registration and accreditation. They are two separate processes. So what are they? And how do they differ? To find out more, click here (PDF 50kb).
A new look for ORHAThe regulatory body previously known as ORHA - the Office of the Registrar of Housing Agencies (it was always a mouthful!) - will now be known as the Housing Registrar. The new Housing Registrar website is where you will find the online application for registration and comprehensive guidance to assist agencies through the registration process.
Click here for the Housing Registrar's website
Congratulations to registered Pilot agenciesIn addition to the six organisations previously registered, six agencies from the Registration Pilot have now been registered - two associations and four providers. They are:
Congratulations! from CHFV.
Northcote Pilot ProjectNorthcote Rental Housing Co-op has been funded by the Office of Housing to undertake a Registration Pilot Project that will provide other housing agencies with an overview of the experience and a range of policies and other documentation that will be useful in their own preparations for registration. The project also covers some aspects of the Housing Provider Framework and introduction of Community Capacity Building.
Click here to view the Northcote Pilot Project web page.
ORHA's Registration Pilot: An EvaluationThe Office of the Registrar of Housing Agencies undertook a Registration Pilot Project over the period October 2006 to March 2007. Seventeen agencies participated in the Pilot, resulting in eleven applications being submitted by the end of May 2007. ORHA opted for an external evaluation of the Pilot in order to acquire an objective assessment of the process from the viewpoint of the agencies that participated. CHFV undertook the evaluation over May - June 2007. The report is now available.
Click here for the report ORHA's Registration Pilot: An evaluation (PDF 520 kb)
The Housing Registrar has prepared a response to this report.
Click here for the ORHA response Taking registration forward. (PDF 71 kb)
Registration checklistCheck your progress as you prepare your agency for registration with CHFV's Registration Checklist. The checklist outlines everything that is required for registration including agency details, performance measures and attachments for each of the performance standards. ORHA will be providing printable guidance for agencies alongside their online application. Use the checklist in conjunction with these to keep track of documents as you prepare them for registration.
Click here for the Registration Checklist (PDF 90kb) This is an A3 size document but will print as 2 A4 pages if you cannot print A3.
Consultant contact listNeed a consultant to help with your registration preparations? Here is a list of consultants that have previously been used by CHFV and/or our members. CHFV provides this information in good faith; however, no responsibility can be accepted should agencies engage any of the consultants - agencies are advised to make their own enquiries to ensure consultants meet their requirements.
Click here for the Consultant Contact List (PDF 47kb)
Tax status under the ActMany community housing agencies are recognised as a public benevolent institution (PBI) by the Australian Tax Office, and enjoy significant tax concessions as a result. Tax concessions are awarded by the ATO based on an appraisal of an organisation’s constitution. Accordingly, any changes to an agency’s constitution must be reviewed by the ATO to establish that concessions still apply.
Agencies seeking registration are required to make changes to their constitutions to meet the criteria set out in the Housing Act. The Housing Registrar has posted a guide to the constitutional criteria on their website (see 'Constitution check' below) as well as a guide specific to the winding up clause that is required.
The ATO advises that once changes have occurred, organisations are obliged to forward revised constitutions for review. Alternatively, agencies can send a draft of the proposed changes and ask for an opinion of how these would affect the ATO’s endorsement of the tax concessions the agency benefits from. Agencies can send their revised or proposed constitutions to:
When sending constitutions for review or opinion, it is a good idea to highlight the changes as this makes the process easier and, therefore, quicker.
Constitution checkThe Housing Registrar has posted a guide to constitutional criteria on their website. It is intended to be a general guide to agencies in self-assessing whether their constitution complies with the registration criteria. The guide has been prepared by their lawyers and is not intended to be legal advice for agencies.
Click here for the guide and related Housing Registrar documents
Any agency making changes to their constitution should also read Tax Status Under the Act on this page.
HPF and registrationAgencies intending to register as rental housing agencies must be able to operate on a rent retention model. Essentially this means that they will fund their operations out of the rents they receive. The rent retention model most agencies will be operating under is the Housing Provider Framework (HPF); a commercial-style lease between the agency and the Office of Housing. The HPF requires agencies to optimise Commonwealth Rent Assistance (CRA) as a part of the rent retention model.
Housing Associations are expected to undertake all maintenance and asset management responsibilities. Housing Providers, however, will have the option of the Office of Housing providing maintenance and asset management.
Many agencies are making the transition onto the Housing Provider Framework over the same period they are required to prepare and apply for registration. While they are two separate processes there are important links.
CHFV was involved in negotiating with the OoH regarding the HPF. However, a number of important changes that CHFV requested have been rejected by the OoH. As a result, CHFV has never signed off on the HPF on behalf of our members. Also, it has been the case that the OoH frequently makes changes to the HPF. CHFV suggests that agencies carefully scrutinise the HPF document prior to signing it.
Click here for the updated Housing Provider Framework Lease as at September 2007 (PDF 285kb)
Click here to the anexures to the HPF lease as at September 2007 (PDF 184kb)
Agencies that require further information about this can contact the Registration Project Officer at chfv@chfv.org.au.
"Ready...Steady...Registration"This February 2007 report on 'registration readiness' in the community housing sector considers where agencies 'are at' with regard to registration and reflects on a range of issues raised by agencies in the context of their preparations to meet and maintain registration.
Click here for the full report (PDF 192 kb)
Important LinksClick here for the Housing Registrar's website
Click here for the Office of Housing's Long Term Community Housing web page
Click here for Performance Standards and Guidance Notes (PDF)
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