Victorian Numbered Acts

HOUSING AMENDMENT (VICTORIAN HOUSING REGISTER AND OTHER MATTERS) ACT 2016 (NO. 75 OF 2016) - SECT 5

After Part VIII of the Principal Act insert —

" Part VIIIA—Social housing

Division 1—Victorian Housing Register

        142A     Establishment of Victorian Housing Register

    (1)     The Director must establish and administer a register of applicants for tenancies in social housing to be known as the Victorian Housing Register.

    (2)     The purpose of the Victorian Housing Register is to facilitate the appropriate allocation of tenancies in social housing, having regard to—

        (a)     the relative housing needs of eligible applicants; and

        (b)     the health, safety and support needs
of eligible applicants; and

        (c)     the availability of social housing.

        142B     Form of Victorian Housing Register

The Director may keep the Victorian Housing Register in any form that the Director considers appropriate, including
in the form of a database (whether in computerised or other form and however described).

        142C     What information is to be included in the Victorian Housing Register?

    (1)     The Victorian Housing Register may include the following information —

        (a)     the personal details of an applicant;

        (b)     the priority category determined to apply to an eligible applicant;

        (c)     the personal details of a household member of an applicant;

        (d)     the full name and contact details of a person nominated by an applicant, if any;

        (e)     any other information that is relevant to an application for a tenancy in social housing;

        (f)     any other information that the Director considers appropriate to include in the Victorian Housing Register.

    (2)     In this section—

"personal details", of an applicant, or of a household member of an applicant, includes the following—

        (a)     the individual's full name and contact details;

        (b)     the individual's date of birth and gender;

        (c)     the full name and contact
details of the individual's
guardian (within the meaning of section 3(1) of the Guardianship and Administration Act 1986 ),
if any;

        (d)     the health, safety and support needs of the individual, including health information that is relevant to the individual's housing requirements;

        (e)     sensitive information that is relevant to the individual's housing requirements;

        (f)     any unique identifier assigned to the individual;

        (g)     any other information relating to an assessment of the individual's housing requirements.

        142D     Changes to information recorded in the Victorian Housing Register

For the purposes of maintaining the accuracy of information in the Victorian Housing Register or complying with the requirements of this Act or any other Act, the Director or an authorised person may enter, review, amend or remove any information in the Victorian Housing Register relating to an applicant or to a household member of an applicant.

        142E     Determinations made by Director

    (1)     The Director may determine any of the following for the purposes of allocating tenancies in social housing to applicants on the Victorian Housing Register—

        (a)     eligibility criteria that must be met by an applicant to be eligible for a tenancy in social housing;

        (b)     priority categories for the purposes of identifying the relative needs of eligible applicants for social housing;

        (c)     priority criteria that must be met by
an eligible applicant for a particular priority category to apply to that eligible applicant;

        (d)     any other general matter to which the Director and authorised persons must have regard when performing functions or exercising powers in relation to the Victorian Housing Register.

    (2)     The Director must ensure that any determination made under subsection (1)
is published in the Government Gazette.

    (3)     The Director or an authorised person
(as the case may be) must take into account determinations made under subsection (1) when determining any of the following—

        (a)     whether an applicant is an eligible applicant;

        (b)     which priority category applies to an eligible applicant;

        (c)     whether to allocate a tenancy in social housing to an eligible applicant.

        142F     What is a participating designated service provider or participating registered agency ?

    (1)     A designated service provider or registered agency may apply in writing to the Director to be declared a participating designated service provider or participating registered agency (as the case may be) for the purposes of this Part.

    (2)     The Director may declare—

        (a)     a designated service provider to be a participating designated service provider; or

        (b)     a registered agency to be a participating registered agency.

    (3)     The Director may revoke a declaration made under subsection (2)—

        (a)     on the written request of a participating designated service provider or a participating registered agency; or

        (b)     on the Director's own motion.

    (4)     The Director must publish on the Department's Internet site a list containing the name of each participating designated service provider and each participating registered agency.

        142G     Authorisation to access the Victorian Housing Register

    (1)     A person employed or engaged by a participating designated service provider
or by a participating registered agency
may apply in writing to the Director for authorisation to access the Victorian
Housing Register.

    (2)     The Director may authorise in writing a person, or class of person, employed or engaged by a participating designated
service provider or by a participating registered agency to access the Victorian Housing Register for the purposes referred
to in section 142H.

    (3)     An authorisation under this section is
subject to any condition or limitation
that the Director considers appropriate.

    (4)     In determining whether to authorise a person, or class of person, under this section, the Director must have regard to the prescribed access criteria, if any.

    (5)     The Director may revoke the authorisation of a person, or class of person, under this section for any reason, including if the Director is satisfied that the person, or a person belonging to the class of person—

        (a)     has accessed the Victorian Housing Register for a purpose not referred to in section 142H; or

        (b)     has used information which was accessed from the Victorian Housing Register for a purpose not referred to in section 142H; or

        (c)     has failed to comply with any condition or limitation to which the authorisation is subject; or

        (d)     no longer satisfies the prescribed access criteria, if any.

        142H     Access to the Victorian Housing Register

The Director or an authorised person may access the Victorian Housing Register for any of the following purposes—

        (a)     to maintain the accuracy of the information in the Victorian Housing Register;

        (b)     to determine whether an applicant meets the eligibility criteria for a tenancy in social housing;

        (c)     to determine which priority category applies to an eligible applicant;

        (d)     to determine whether to allocate a tenancy in social housing to an eligible applicant;

        (e)     to verify the personal details of an applicant or of a household member
of an applicant;

        (f)     to verify the status of an applicant's application for a tenancy in social housing;

        (g)     to prepare reports and compile statistics in relation to the use of the Victorian Housing Register;

        (h)     to perform any other function or exercise any power conferred on the Director or authorised person, as the case may be, by this Part.

Division 2—Information sharing

        142I     Definitions

In this Division—

"relevant information" means—

        (a)     personal details of an applicant
or of a household member of an applicant; and

        (b)     any other information relating to an applicant's application for a tenancy in social housing; and

        (c)     information relating to the adequacy and appropriateness of an applicant's current housing or future housing needs;

"relevant person" means—

        (a)     the Director; and

Note

See also section 35.

        (b)     a registered agency; and

        (c)     a person employed or engaged by a registered agency; and

        (d)     a designated service provider; and

        (e)     a person employed or engaged by a designated service provider.

        142J     Collection, use and disclosure of
relevant information permitted in
certain circumstances

    (1)     A relevant person may collect or use relevant information, or disclose relevant information to another relevant person, to the extent necessary for any of the following purposes—

        (a)     to determine whether an applicant meets the eligibility criteria for social housing;

        (b)     to determine which priority category applies to an eligible applicant;

        (c)     to determine whether to allocate a tenancy in social housing to an eligible applicant;

        (d)     to determine the health, safety and support needs and housing requirements of individuals who are seeking housing assistance;

        (e)     to facilitate the management and granting of tenancies in social housing and in other housing to support individuals to access housing that is appropriate to their needs;

        (f)     to prepare reports and compile statistics in relation to the use of the Victorian Housing Register;

        (g)     to perform any other functions or exercise any power under this Act;

        (h)     to give information that the relevant person is otherwise expressly authorised, permitted or required to give under this Act.

    (2)     In addition to the purposes referred to in subsection (1), a relevant person who is
also an authorised person may collect or
use relevant information, or disclose relevant information to another relevant person, to
the extent necessary for any of the following purposes—

        (a)     to establish and administer the Victorian Housing Register;

        (b)     to maintain the accuracy of the Victorian Housing Register.

Note

See IPP 2.1(f) of the Privacy and Data Protection Act 2014 and HPP 1.1(b) and 2.2(c) of the Health
Records Act 2001 .

    (3)     Nothing in this section affects any prohibition in any Act (other than this Act, the Health Records Act 2001 and the Privacy and Data Protection Act 2014 )
on the collection, use or disclosure of the relevant information.".