ACCOMMODATION SUPPORTED ASSISTANCE ACT 1994
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Short title see Note 1]
2. Commencement [see Note 1]
3. Definitions
4. Definition of homeless
5. Object
PART 2--SAAP AGREEMENTS
Division 1--Form of SAAP agreement
6. Form of SAAP agreement
Division 2--Matters dealt with by form of SAAP agreement
7. Responsibilities of service providers
8. Key matters to be dealt with in form of agreement
9. Services dealt with by form of agreement
10. Services not to be dealt with under SAAP
11. National SAAP Co-ordination and Development Committee
12. National data collection system and national research program
13. Services may be general or specific
14. Evaluation
15. Outcomes
16. Division not to limit generality of section 6
Division 3--SAAP agreements
17. SAAP agreements
PART 3--GRANTS UNDER SAAP AGREEMENTS
18. Grants of financial assistance
19. Repayment of grants
PART 4--COMMONWEALTH ADVISORY COMMITTEE ON HOMELESSNESS
20. Commonwealth Advisory Committee on Homelessness
21. Function of CACH
22. Remuneration and allowances
23. Disclosure of interests at meetings
24. Member's appointment to be terminated for non-disclosure of interests
25. Resignation
PART 5--REGULATIONS
26. Regulations
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- LONG TITLE
An Act relating to financial assistance to the States, the
Australian Capital Territory and the Northern Territory in connection with the
jointly-funded program known as the Supported Accommodation Assistance Program
("SAAP"), and for related purposes
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 1 Short title see Note 1]
This Act may be cited as the Supported Accommodation Assistance Act
1994.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 2 Commencement [see Note 1]
This Act commences on the day on which it receives the Royal Assent.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 3 Definitions
In this Act:
"CACH" means the Commonwealth Advisory Committee on Homelessness
established by section 20.
"client" means a person in receipt of services under SAAP.
"participating State" means a State in respect of which a SAAP
agreement is in force.
"people who are homeless" includes:
(a) people who are in crisis and at imminent risk of becoming homeless; and
(b) people who are experiencing domestic violence and are at imminent risk of
becoming homeless.
"SAAP" means the Supported Accommodation Assistance Program.
"SAAP agreement" means an agreement of the kind mentioned in
subsection 17(2), and includes such an agreement as varied and in force from
time to time.
"service provider" means a person or body that provides services
under SAAP.
"services" includes, but is not limited to, accommodation.
"State" includes the Australian Capital Territory and the Northern
Territory.
"State Minister" means:
(a) in relation to a State other than the Northern Territory or the Australian
Capital Territory--the Minister of the Crown of the State who is responsible
for the administration of SAAP in the State; or
(b) in relation to the Northern Territory--the Minister of the Northern
Territory who is responsible for the administration of SAAP in the Northern
Territory; or
(c) in relation to the Australian Capital Territory--the Minister of the
Australian Capital Territory who is responsible for the administration of SAAP
in the Australian Capital Territory.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 4 Definition of homeless
When a person is homeless
(1) For the purposes of this Act, a person is homeless if, and only if, he or
she has inadequate access to safe and secure housing.
Inadequate access to safe and secure housing
(2) For the purposes of this Act, a person is taken to have inadequate access
to safe and secure housing if the only housing to which the person has access:
(a) damages, or is likely to damage, the person's health; or
(b) threatens the person's safety; or
(c) marginalises the person through failing to provide access to:
(i) adequate personal amenities; or
(ii) the economic and social supports that a home normally affords; or
(d) places the person in circumstances which threaten or adversely affect the
adequacy, safety, security and affordability of that housing.
Person living in SAAP accommodation
(3) For the purposes of this Act, a person is taken to have inadequate access
to safe and secure housing if:
(a) the person is living in accommodation provided under SAAP; and
(b) the assessment of the person's eligibility for that accommodation was
based on the application of subsection (1) or (2) (ignoring the effect of this
subsection).
Generality of subsection (1)
(4) Subsections (2) and (3) do not limit the generality of subsection (1).
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 5 Object
Funding of SAAP
(1) The object of this Act is to grant financial assistance to the States to
administer a program, to be known as the Supported Accommodation Assistance
Program ("SAAP").
Note: A description of the aims etc. of SAAP is set out below.
Aim of SAAP
(2) The overall aim of SAAP is to provide transitional supported accommodation
and related support services, in order to help people who are homeless to
achieve the maximum possible degree of self-reliance and independence. Within
this aim the goals are:
(a) to resolve crisis; and
(b) to re-establish family links where appropriate; and
(c) to re-establish a capacity to live independently of SAAP.
How the aim of SAAP is to be achieved
(3) The aim of SAAP is to be achieved by:
(a) providing or arranging for the provision of support services and supported
accommodation; and
(b) helping people who are homeless to obtain long-term, secure and affordable
housing or accommodation and support services.
Services are said to be provided under SAAP if the provision of the
services is covered by paragraph (a) or (b).
Other key features of SAAP
(4) Other key features of SAAP are as follows:
(a) SAAP is to be implemented principally through common-form agreements
between the Commonwealth and the States;
(b) the parties to such agreements are to endeavour to work together in a
co-operative relationship where the contributions of each party are valued
equally;
(c) the parties to such agreements are to endeavour to work co-operatively
with local government bodies and service providers in connection with the
provision of services under SAAP;
(d) SAAP is to promote an image of people who are homeless that emphasises
their human dignity and the fact that, irrespective of their current
circumstances, they are entitled to opportunities that will enable them to
participate fully in community life;
(e) SAAP is to encourage innovation in the provision of services to people who
are homeless;
(f) SAAP is to safeguard clients' rights and deal with clients'
responsibilities through measures including, but not limited to:
(i) the development of grievance and appeals procedures; and
(ii) the development of charters of clients' rights and responsibilities.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994Division 1--Form of SAAP agreement
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 6 Form of SAAP agreement
Minister may specify form of agreement
(1) For the purposes of this Act, the Minister may, by written instrument,
specify a form of agreement dealing with SAAP.
Variation or revocation
(2) If the form is varied or revoked, the variation or revocation does not
affect the validity of a SAAP agreement entered into before the variation or
revocation took effect.
Disallowable instrument
(3) An instrument under subsection (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994Division 2--Matters dealt with by form of SAAP agreement
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 7 Responsibilities of service providers
A form of agreement specified in an instrument under section 6 must include
provisions that are directed towards assisting service providers, over time, to
fulfil the following responsibilities:
(a) to help people who are homeless to resolve crisis, and to achieve greater
independence, through the following:
(i) case management;
(ii) assessment and referral;
(iii) if appropriate--early intervention and re-establishment of family links;
(b) to further the integration into the community of people who are homeless
by increasing access to the following:
(i) employment;
(ii) education and training;
(iii) health services (including mental health services);
(iv) disability and rehabilitation services;
(v) children's support services;
(vi) income support;
(vii) other appropriate opportunities and resources;
(c) to help people who are homeless to obtain long-term, secure and affordable
housing and accommodation by providing access to a range of options suitable to
their needs;
(d) to complement other services available to people who are homeless.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 8 Key matters to be dealt with in form of agreement
A form of agreement specified in an instrument under section 6 must deal with
the following matters:
(a) implementing case management;
(b) developing assessment and referral mechanisms;
(c) introducing early intervention and outreach;
(d) enhancing the skill levels of the service provider work force compatible
with core competencies;
(e) strengthening the links between service sectors;
(f) the efficiency and effectiveness of program management (including both
Commonwealth and State planning, administration and advisory mechanisms);
(g) establishing the means by which the civil, political, economic and social
rights of people who are homeless may be preserved and protected by service
providers;
(h) ensuring that outcomes and/or targets in relation to people who are
homeless are taken into account in the granting of financial assistance for the
provision of services under SAAP;
(i) establishing reporting and accountability arrangements;
(j) establishing networks of support between service providers.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 9 Services dealt with by form of agreement
Services may vary in type and duration
(1) A form of agreement specified in an instrument under section 6 may provide
that services under SAAP are to be of a varying duration, type and level
according to the needs of individuals.
Examples of service activities
(2) The following are examples of service activities that may be dealt with by
the form of agreement:
(a) case management;
(b) assessment and referral;
(c) supported accommodation;
(d) brokerage;
(e) early intervention;
(f) outreach;
(g) mediation, including re-establishment of family links where appropriate;
(h) counselling;
(i) advocacy.
For this purpose, service activity means a particular type or kind of
assistance to address the specific needs of individuals.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 10 Services not to be dealt with under SAAP
No duplication of services
(1) Except with the joint written consent of the Minister and the State
Minister of each participating State, a form of agreement specified in an
instrument under section 6 must provide that SAAP will not replace or duplicate
a service that is already provided by, or is the responsibility of, any other
government, program or organisation.
Gazettal of consent
(2) If a consent is given under this section, the Minister must cause a copy
of the consent to be published in the Gazette.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 11 National SAAP and Co-ordination Development Committee
Establishment
(1) A form of agreement specified in an instrument under section 6 must
provide for the establishment of a committee, to be known as the National
SAAP Co-ordination and Development Committee.
Representation on Committee
(2) The form of agreement must provide that the Commonwealth and each
participating State is to be represented on the National SAAP Co-ordination and
Development Committee.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 12 National data collection system and national research program
Data collection system and research program
(1) A form of agreement specified in an instrument under section 6 must
provide for the development of:
(a) a national data collection system; and
(b) a national research program; for the following purposes:
(c) informing the development of policies relating to people who are
homeless;
(d) improving the management of SAAP;
(e) measuring outcomes in SAAP.
Privacy
(2) The form of agreement must include provisions directed towards ensuring
that the national data collection system and the national research program
safeguard the privacy of clients' personal information.
Interpretation
(3) For the purposes of this section:
(a) personal information has the same meaning as in the
Privacy Act 1988; and
(b) the meaning of "privacy" is to be determined having regard to the
principles set out in that Act.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 13 Services may be general or specific
Services
(1) A form of agreement specified in an instrument under section 6 may deal
with:
(a) services provided generally to people who are homeless; or
(b) services provided to meet the special needs of people who are homeless and
who belong to any of the following groups:
(i) women;
(ii) women and accompanying children;
(iii) independent young people above the school-leaving age for the State
concerned;
(iv) Aboriginal and Torres Strait Islander peoples;
(v) people from non-English speaking backgrounds;
(vi) families;
(vii) single men;
(viii) single women;
(ix) any other group specified in writing by the Minister and the State
Minister of each participating State.
Gazettal of specified group
(2) If a group is specified under subparagraph (1)(b)(ix), the Minister must
cause a copy of the specification to be published in the Gazette.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 14 Evaluation
A form of agreement specified in an instrument under section 6 must contain
provisions directed towards ensuring that the program performance of SAAP is
evaluated at regular intervals. The intervals must not be longer than 5 years.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 15 Outcomes
Agreement may deal with outcomes
(1) A form of agreement specified in an instrument under section 6 may deal
with outcomes determined by the Minister under subsection (2) of this section.
Minister may determine outcomes
(2) The Minister may, by writing, determine outcomes for the purposes of SAAP
agreements. A determination has effect accordingly.
Minister to obtain the consent of State Ministers
(3) Before making a determination under subsection (2), the Minister must
obtain the written consent of the State Minister of each participating State.
Disallowable instrument
(4) A determination under subsection (2) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 16 Division not to limit generality of section 6
This Division does not, by implication, limit the generality of section 6.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994Division 3--SAAP agreements
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 17 SAAP agreements
When section applies
(1) This section applies if an instrument (the disallowable
instrument) is in force under section 6.
Original SAAP agreement
(2) The Commonwealth may enter into an agreement with a State substantially in
accordance with the form set out in the disallowable instrument. The agreement
is to be known as a SAAP agreement.
Variation of SAAP agreement--further agreement
(3) The Commonwealth may enter into a further agreement made under and varying
a SAAP agreement. The varied SAAP agreement must be substantially in accordance
with the form set out in the disallowable instrument.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 18 Grants of financial assistance
When section applies
(1) This section applies if a SAAP agreement is in force between the
Commonwealth and a State.
Minister may authorise payments
(2) The Minister may authorise payments (including advances) to be made to the
State, by way of financial assistance, in accordance with the SAAP agreement.
Payments to be under an appropriation
(3) Payments under this section are to be made out of money appropriated by
the Parliament for the purposes of this Act.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 19 Repayment of grants
An amount repayable by a State to the Commonwealth under a SAAP agreement is
a debt due by the State to the Commonwealth.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 20 Commonwealth Advisory Committee on Homelessness
Establishment
(1) The Minister may establish a committee, to be known as the Commonwealth
Advisory Committee on Homelessness ("CACH").
Qualifications of members
(2) Before appointing a person as a member of CACH, the Minister must have
regard to:
(a) the person's expertise in, or experience of, homelessness; or
(b) the person's understanding of the principal issues affecting people who
are homeless; or
(c) such other expertise or experience of the person as the Minister considers
relevant.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 21 Function of CACH
Function
(1) The function of CACH is to advise the Minister about matters referred to
it by the Minister.
Matters that may be referred
(2) Each matter referred to CACH must be:
(a) a matter that relates to the operation of this Act or a SAAP agreement;
or
(b) a matter that relates to people who are homeless and is relevant to the
powers of the Parliament or of the Commonwealth Government.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 22 Remuneration and allowances
Remuneration Tribunal to determine remuneration
(1) A member of CACH is to be paid such remuneration (if any) as is determined
by the Remuneration Tribunal.
Minister to determine remuneration if no Remuneration Tribunal
determination
(2) If no determination of that remuneration by the Remuneration Tribunal is
in operation, a member of CACH is to be paid such remuneration as is
determined, in writing, by the Minister.
Minister to determine allowances
(3) A member of CACH is to be paid such allowances as the Minister determines
in writing.
Disallowable instrument
(4) A determination under subsection (2) or (3) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901.
Section has effect subject to the Remuneration Tribunal Act 1973
(5) This section has effect subject to the Remuneration Tribunal Act
1973.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 23 Disclosure of interests at meetings
Member to disclose interests
(1) A member of CACH who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by CACH must, as soon as
possible after the relevant facts have come to the member's knowledge, disclose
the nature of the interest at a meeting of CACH.
Disclosure to be recorded in minutes
(2) A disclosure under subsection (1) must be recorded in the minutes of the
meeting.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 24 Member's appointment to be terminated for non-disclosure of interests
Termination of appointment
(1) The Minister must terminate the appointment of a member of CACH if the
member fails, without reasonable excuse, to comply with section 23.
Subsection (1) not to limit Minister's power to terminate
(2) Subsection (1) does not, by implication, limit the Minister's power to
terminate the appointment of a member of CACH.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 25 Resignation
A member of CACH may resign from CACH by writing signed by the member and
sent to the Minister.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- SECT 26 Regulations
The Governor-General may make regulations prescribing matters necessary or
convenient to be prescribed for carrying out or giving effect to this Act.
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- NOTES
Compilation Information
[GRAPHIC]Supported Accommodation Assistance Act 1994
Act No. 162 of 1994
This compilation was prepared on 23 January 2003
Prepared by the Office of Legislative Drafting,Attorney-General's
Department, Canberra
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- NOTES
Preamble
Preamble
This Preamble sets out considerations taken into account by the Parliament of
Australia in enacting the law that follows.
The Parliament recognises the need to redress social inequalities and to
achieve a reduction in poverty and the amelioration of the consequences of
poverty for individuals.
Homeless people form one of the most powerless and marginalised groups in
society. Responses to their needs should aim to empower them and to maximise
their independence. These responses should be provided in a way that respects
their dignity as individuals, enhances their self-esteem, is sensitive to their
social and economic circumstances, and respects their cultural backgrounds and
their beliefs.
Australia has acted to protect the rights of all of its citizens, including
people who are homeless or at risk of homelessness, by recognising
international standards for the protection of universal human rights and
fundamental freedoms through:
(a) the ratification of the International Covenants on Economic, Social and
Cultural Rights and on Civil and Political Rights; and
(b) the ratification of the Conventions on the Elimination of all Forms of
Racial Discrimination, on the Elimination of all Forms of Discrimination
against Women and on the Rights of the Child; and
(c) the acceptance of the Universal Declaration of Human Rights and of the
Declaration on the Elimination of Violence Against Women; and
(d) the enactment of legislation such as the Human Rights and Equal
Opportunity Commission Act 1986.
Legislation relating to homeless people should include a focus on the provision
of appropriate support to meet the individual needs of the clients of the
Supported Accommodation Assistance Program ("SAAP") and on their right to an
equitable share of the community's resources.
It is essential then that the community has the opportunity to be involved in
the development of policies relating to, or impacting on, people who are
homeless or at risk of homelessness. Accordingly, the Parliament intends that,
under the law that follows, the Minister should establish an advisory committee
drawn from members of the community with:
(a) relevant expertise in, or experience of, homelessness; or
(b) an understanding of the principal issues affecting homeless people; or
(c) other relevant expertise or experience.
The Parliament intends that the Commonwealth Government should work
co-operatively with State and Territory governments to ensure that people who
are homeless or at risk of homelessness are given opportunities to redress
their circumstances and that their universal human rights are not prejudiced by
the manner in which services are provided to them.
The Parliament of Australia enacts:
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994
- NOTES
SUPPORTED ACCOMMODATION ASSISTANCE ACT 1994Notes to the Supported Accommodation Assistance Act 1994
Note 1
The Supported Accommodation Assistance Act 1994 as shown in this
compilation comprises Act No. 162, 1994 amended as indicated in the Tables
below.
Table of Acts
Act
Number
and year
Date
of Assent
Date
of commencement
Application,
saving or transitional provisions
Supported
Accommodation Assistance Act 1994
162,
1994
16
Dec 1994
16
Dec 1994