To become and remain registered under the National Regulatory System for Community Housing (NRSCH), you must meet standard conditions of registration, and any other requirements that apply.

You must also meet requirements relating to your community housing assets.

Housing assets

You need to keep a list of all your community housing assets in a format approved by the Registrar and make the list available on request.

Your constitution must provide for all remaining community housing assets to be transferred to another registered provider or housing agency if your organisation is winding up. Read more about winding-up clauses for community housing providers.

Information provision

You must give the Registrar any information about your business and how you conduct business, including arrangements with other parties to carry out your functions, as required by the Registrar.

You must meet any Registrar requests for information or documentation about your business functions within 14 days or another day as agreed.

Meetings and inspections

A suitably qualified officer must attend any meetings requested by the Registrar to answer questions about your affairs.

You must also allow the Registrar to inspect your premises or records at any reasonable time.

Notifications

You must notify the Registrar of certain incidents and events within specified time frames. Read more about notifiable incidents and events for community housing.

Additional standard conditions

The Registrar may impose additional standard conditions of registration for a provider. Registrars may agree to these conditions of registration when determining an application or issuing a notice in writing to the provider.

You will be able to make a submission on any proposed additional standard condition before it is issued.

The Registrar can also revoke additional standard conditions at any time by a notice in writing.

Rights of tenants

The Queensland's National Regulatory System for Community Housing (NRSCH) does not authorise a:

• registered community housing provider to provide information to a Registrar that identifies a person who occupies a residential premises
• Registrar to enter an occupied residential premises unless the occupier consents.

Also consider…

• Navigate the regulatory and quality frameworks for the housing and homelessness sector.
• Find compliance tools and resources from QShelter.
• Read more about the NRSCH.

Under the Housing Act 2003, registered providers and state providers of community housing must notify the Registrar if certain events or incidents occur that:

• damage, or could damage, the community housing sector's reputation
• may affect an organisation's ability to meet their conditions of registration.

Notifiable events or incidents

This list contains events that are notifiable under Schedule 3, part 1, section 6 of the Housing Act 2003 and the time frame for notifying the Registrar:

Defining a notifiable incident or event

Providers often need to decide what incidents or events to notify us about.

To help you make that decision, here are some examples that we consider notifiable:

• serious or repeated instances of fraud, corruption or criminal conduct
• any instances of serious or repeated breaches of the provider's code of conduct
• the removal of governing body members or senior staff
• the resignation of the chief executive officer or equivalent or senior staff member for non-personal reasons
• the dismissal of the chief executive officer or financial officer
• the investigation of the provider by external agencies such as funding bodies, law enforcement bodies, or integrity agencies
• proceedings in a court or tribunal against the provider
• significant crimes committed or alleged committed in community housing property
• any matter that has adversely affected or may adversely affect the financial viability of the provider
• any breach or potential breach notices received from external agencies
• any adverse media coverage or potential adverse media coverage about the provider.

This list is not exhaustive. If you're unsure whether to notify about an incident or event, contact your primary analyst or the Registrar.

Time frame

After the incident or event occurs, you should notify the Registrar as soon as possible (i.e. no later than 3 days).

Don't delay notification until after the next governing body meeting. The Registrar needs enough time to consider and determine whether to take regulatory action.

Procedure for notification

Registered providers must develop a procedure to manage these notification requirements.

The procedure should be suitable for the scale and scope of the organisation and implications of the notifiable incident.

Notify the Registrar of any incident in writing and include details about:

• the incident, including when it happened or is going to happen
• the people involved
• the action you've taken or plan to take
• the contact details of the person responsible for managing your response to the incident
• whether you've notified any other regulators or external agencies, and details of any notification.

How to notify

National Regulatory System for Community Housing (NRSCH) providers can notify the Registrar using the online form.

For more information, contact us via:

• email: regulatoryservices@housing.qld.gov.au
• phone: 3013 2666
• post:
  Regulatory Services
  PO Box 690
  BRISBANE  QLD  4001.

All community housing providers registered under the National Regulatory System for Community Housing (NRSCH) must have an appropriate winding-up clause in their constitution.

This clause provides for the transfer of remaining community housing assets located in:

• Queensland under the Housing Act 2003
• other participating jurisdictions under that jurisdiction's corresponding law.

The NRSCH winding-up clause provided below is an example of a clause that complies with the requirement in Schedule 3, part 1, item 2 of the Housing Act 2003.

You may choose to adopt this clause.

General winding-up clause

This example indicates that you should cross-reference to a general winding-up clause, which is separate to the NRSCH winding-up clause.

A general winding-up clause is the clause in your constitution, rules or other constituting document that deals with your organisation's assets (after debts and liabilities are paid) before you close down your organisation.

The NRSCH winding-up clause applies:

• only to state-funded community housing assets
• in addition to existing winding-up clauses in your constitution.

Alternative wording

You may use suitable alternative wording rather than the example we've provided.

Ensure that the alternative wording is legally consistent with the Housing Act 2003.

Seek legal advice about your winding-up clause and any changes required to adapt it for your constitution.

The Registrar needs to review your alternative wording to ensure it's appropriate and compliant with this registration condition.

They will examine the evidence and make a final decision, which may or may not agree with your legal advice.

How to use the clause

Insert stand-alone clause

Insert the NRSCH winding-up clause (or other legally consistent clause) as a stand-alone clause in addition to your organisation's general winding-up clause:

Cross-reference general clause

Ensure the NRSCH winding-up clause (or other legally consistent clause) cross-references the general winding-up clause:

Place subclauses in same clause

Ensure all the subclauses of the NRSCH winding-up clause are in the same clause

How not to use the clause

Don't insert as a subclause to general clause

Do not insert the NRSCH winding-up clause (or other legally consistent clause) as a subclause to the general winding-up clause.

Don't remove or replace general clause

Do not remove or replace your general winding-up clause with the NRSCH winding-up clause (or other legally consistent clause):

Don't separate subclauses

Do not separate all the subclauses of the NRSCH winding-up clause. They should all be part of the same clause.

Providing evidence of amended constitution

Registrar notification

Once you've amended your constitution, rules or other constituting document and inserted the NRSCH winding-up clause or other legally consistent clause, the Registrar needs to see evidence that your organisation has formally adopted the constitution.

Any modification to your constitution and/or winding-up clause after registration requires you to notify the Registrar.

Failure to notify the Registrar may trigger compliance and affect your registration status. Read more about when to notify the Registrar of an event.

What evidence to provide

The evidence requirements depend on your entity type:

• Company limited by shares or guarantee (Corporations Act 2001): Minutes of general meeting or confirmation of chair adopting amendment to constitution
• Incorporated association or co-operative (Association Incorporation Act 1981): Letter from Office of Fair Trading approving amendment
• Aboriginal Corporation (Corporations (Aboriginal and Torres Strait Islander) Act 2006): Letter from Regulatory Services of Indigenous Corporations approving amendment to constitution or rule book.

This list is neither prescriptive nor exhaustive.

Multi-jurisdictional providers

The Queensland NRSCH winding-up clause requirement applies only to providers whose primary jurisdiction is Queensland.

If you're applying for registration under the National Regulatory System for Community Housing (NRSCH) and your primary jurisdiction isn't Queensland, you don't need to include the Queensland NRSCH winding-up clause in your constitution, even if you have assets in Queensland.

However, you do need to include the required winding-up clause in your constitution. Contact the Registrar of your primary jurisdiction if you have any questions.

Winding-up clause and registration applications

At the Eligibility and Tier Form (ETF) stage, not having an appropriate NRSCH winding-up clause won't prevent your application progressing to the next stage.

You can progress to the Application for Registration (AFR) stage with the understanding that, if you need to amend your constitution or equivalent document, it can be processed during this time.

You must have the example NRSCH clause—or have shown that your alternative clause is legally consistent with the Housing Act—before we can decide on your registration.

Demonstrating you have a legally consistent winding-up clause forms part of your application for registration. Submit it to us within time frames set by the Registrar.

You don't need to amend your constitution before applying for registration, but you must complete this amendment before we can decide on your registration.

Contact us

For more information, contact your primary analyst or contact us via:

• email regulatoryservices@housing.qld.gov.au
• phone (07) 3013 2666
• post
  Regulatory Services
  PO Box 690
  BRISBANE  QLD  4001.