Queensland Government
Department of Housing and Public Works

The Director–General of the Department of Housing, on behalf of the Minister who administered the following legislation, was responsible for the following legislation at 26 March 2009:

Department of Housing

  • Housing Act 2003
  • Housing (Freeholding of Land) Act 1957
  • Inala Shopping Centre Freeholding Act 2006.

The Director–General was also given specific authority and responsibilities under the Integrated Planning Act 1997. Under the provisions in Chapter 5.6 of this Act, "public housing" was exempt development, i.e. planning approval by a local government was not required. The definition of "public housing" in the Act referred to development for housing:

"(i) provided by or on behalf of the State or a statutory body representing the State;
(ii) for short or long term residential use; and
(iii) that is totally or partly subsidised by the State or a statutory body representing the State ..."

Queensland Building Services Authority

  • Building and Construction Industry Payments Act 2004
  • Domestic Building Contracts Act 2000
  • Queensland Building Services Authority Act 1991
  • Subcontractors' Charges Act 1974.

Residential Tenancies Authority

  • Residential Services (Accommodation) Act 2002
  • Residential Tenancies Act 1994.

From a Final Report perspective, the Residential Tenancies Authority and the Queensland Building Services Authority were unaffected by the machinery-of-Government change on 26 March 2009, and will prepare separate annual reports for the full financial year of 2008-09.

As the responsible officer, the Director-General was accountable for preparing and processing reports to Cabinet and Executive Council, subordinate legislation including regulations and forms, and other machinery-of-Government matters. This included processes for disseminating information to, and reporting by, the department and the statutory authorities within the portfolio, namely the Residential Tenancies Authority and the Queensland Building Services Authority.

Powers

The general powers of the department were to:

  • enter into contracts
  • acquire, hold, lease, sell and otherwise deal with land and other property
  • carry out building and related works and make other improvements to land
  • appoint agents and attorneys
  • charge for goods and services supplied
  • make loans and investments
  • waiver amounts owed.

Legislative changes that affected the department

Home ownership on Indigenous communities

Amendments to the Aboriginal Land Act 1991 and the Torres Strait Land Act 1991, which came into affect on 1 July 2008, enabled eligible persons to become homeowners in Indigenous communities by obtaining a 99-year private residential lease from the trustees of the land. Eligible persons can lease land with an existing dwelling or vacant land on which to build their own home. The initial cost of a private residential lease will be determined using separate valuations of the land and any dwellings on the land, so any social housing located in these communities needs to be valued. The department is supporting the introduction of home ownership on the communities by offering advice and support to Indigenous Councils that do not have compliant planning schemes in place. The department is also meeting the costs associated with valuations of any social housing located on the land prior to leasing.

Residential Tenancies and Rooming Accommodation

The Residential Tenancies and Rooming Accommodation Act 2008, passed in December 2008 and coming into effect on 1 July 2009, will repeal and replace the Residential Tenancies Act 1994 and the Residential Services (Accommodation) Act 2002. The new Act, and its associated Regulation, provides the opportunity to implement a new product, the RentConnect Tenancy Guarantee, and will provide financial protection to lessors against a breach of an agreement over and above a rental bond. In addition, some of the key changes that will impact tenants are:

  • additional rights by requiring the department to specify a two-hour time period on the entry notice when wanting to enter a premises
  • the department’s ability to dispose of goods left behind at departmental premises if the value is less than $1,500, which represents an increase from $1,300
  • a new process for ending tenancy agreements upon the death of a sole tenant.

National Rental Affordability Scheme

The National Rental Affordability Scheme Act 2008 came into effect in November 2008 to enact the National Rental Affordability Scheme, a Federal Government initiative and financially supported by the Queensland Government. The department is the Queensland conduit for this federal initiative which will stimulate the supply of 50,000 new affordable rental dwellings across the nation.

Families responsibilities

As a result of the Families Responsibilities Commission Act 2008, which came into effect on 1 July 2008, the department implemented policies and procedures to meet the department's notification obligations under the Act, whereby the department is required to notify the Families Responsibilities Commission of breaches to tenancy agreements for trial participants living in departmental properties in the Indigenous communities of Coen, Mossman Gorge, Hope Vale and Aurukun.

Workplace health and safety

The Workplace Health and Safety and Other Legislation Amendment Act 2008, passed in November 2008, provides suitably qualified workplace health and safety representatives with the authority to issue written notices, or provisional improvement notices, to people under their area of representation, requiring those people to remedy a contravention, or likely contravention of the Workplace Health and Safety Act 1995. As a result of this legislation, the department is coordinating the training of workplace health and safety representatives to ensure they are suitably qualified to issue the written notices, with the training to be undertaken within the timeframe specified by the legislation (30 June 2009).

Building fire safety

The Building Fire Safety Regulation 2008, which came into effect on 1 January 2009, includes a requirement for the appointment of Fire Safety Advisors in workplaces with 30 or more employees. As a result, the department is coordinating the identification of suitable officers and will provide the appropriate training within the timeframe specified by the legislation (30 June 2009).

Public Service Act

The Public Service Act 2008, which came into effect on 1 July 2008, replaced the Public Service Act 1996. The updated legislation includes direction on the operation of the public service, the obligations of Chief Executive Officers in delivering the objectives of the public service, reporting obligations in areas such as Equal Employment Opportunity, and recruitment and appointment within the public service. To ensure compliance with this legislation, the department has reviewed and, where appropriate, amended policies and procedures to effect the changes detailed in the Act.