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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-09-25 Daily Xml
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COMMUNITY HOUSING PROVIDERS (NATIONAL LAW) (SOUTH AUSTRALIA) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 12 September 2013.)

Dr McFETRIDGE (Morphett) (16:51): This bill is another example where, with cooperation and true consultation, you can get legislation through this place. I indicate that the opposition will be supporting this piece of legislation unamended. I refer anybody who wants to find out more about this bill to the second reading explanation of the New South Wales minister, the Hon. Ms Pru Goward, on 13 June 2012, because New South Wales is the lead legislator on this. I also refer people to minister Piccolo's second reading explanation.

Both speeches are quite comprehensive and explain the issues. As recently as a few moments ago that was confirmed to me by Dr Alice Clark, the Executive Director of Shelter SA. She is the latest of a number of senior NGO CEOs who have contacted to me to say that they are very happy with the way this bill has been prepared and the consultation that has taken place. With that, the opposition supports the bill and I look forward to its speedy passage through both houses.

The Hon. A. PICCOLO (Light—Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (16:52): I thank the opposition for their support and, again, thank the member for Morphett for his contribution. I understand we need to go into committee to adopt a couple of amendments.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 to 14 passed.

Clause 15.

The Hon. A. PICCOLO: I move:

Amendment No 1 [CommSocInc–1]—

Page 9, lines 29 to 35—Delete subclause (2) and substitute:

(2) For the purposes of this Part, SAHT is taken to have an interest in land of a community housing provider if a community housing agreement with the community housing provider identifies the land as being land in which SAHT has an interest.

This amendment applies following additional consultation with the community housing sector to ensure the clear separation of the government's dual roles as funder and regulator of the community housing sector. The wording of the bill, as initially tabled, unintentionally extended the scope of the South Australian Housing Trust's controls over community housing assets which are not funded by the government, by linking the definition of the South Australian Housing Trust's 'interest' in an asset, under section 15 of the bill, to the definition of 'community housing asset' under the national law.

Community housing assets under the national law may include assets of a community housing provider which are used to deliver community housing services but which were not originally funded by government. Under this amendment the South Australian Housing Trust as funder will only have an interest in and control over assets which are the subject of a community housing agreement. The scope of the registrar's powers under the national law remains unchanged and may be broader than that of the South Australian Housing Trust to enable oversight of a community housing provider's community housing assets. I indicate that the community housing sector has indicated support for this amendment.

Amendment carried; clause as amended passed.

Clauses 16 to 19 passed.

Clause 20.

The Hon. A. PICCOLO: I move:

Amendment No 2 [CommSocInc—1]—

Page 12, lines 21 to 24—Delete paragraph (d) and substitute:

(d) the imposition of a charge over land of the community housing provider to secure payment of money for the acquisition, construction, development or improvement of land by, or for the benefit of, the community housing provider that is or may become payable under the community housing agreement; and

Following discussion with the community housing sector, this amendment applies to limit the scope of the South Australian Housing Trust's power to register a statutory charge over non-government funded assets as security for small once-off or recurrent funding for services. The additional wording proposed in this amendment seeks to provide further assurance to community housing providers of the government's intention to secure public moneys invested in community housing where those moneys are provided for the development, acquisition or improvement of assets. Again, I indicate that the community housing sector supports this amendment.

Amendment carried; clause as amended passed.

Remaining clauses (21 to 37), schedules and title passed.

Bill reported with amendment.

Third Reading

The Hon. A. PICCOLO (Light—Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (16:57): I move:

That this bill be now read a third time.

Bill read a third time and passed.


At 17:00 the house adjourned until Thursday 26 September 2013 at 10:30.


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