The State of Queensland represented by the Department of Housing and Public Works ("the Department"), and the Provider have entered into or propose to enter into an Assistance Agreement under which the department may provide assistance to enable the Provider to provide funded services in accordance with the Housing Act 2003 ("the Act").
The following words have the following meanings unless the context otherwise requires:
2.1 "Allowable Expenditure" means the following expenditure in respect of the Property which the Provider is utilising to achieve the objective of the Program:
- local authority rates and charges and water rates
- insurance and reasonable legal expenses
- utilities including electricity and gas
- administration expenses
- audit expenses
- rent arrears and bad debts written off
- funds for future commitments as agreed between the Provider and the Department
- any maintenance or repairs costs that the provider is required to meet
- tenancy and property management costs, including costs associated with management, clerical, property inspection and maintenance, caretaking and cleaning of common areas (note daily cleaning of accommodation units is not an allowable expenditure)
- other expenses as agreed in writing by the Department and the Provider.
2.2 "Applicant" means any person seeking a Housing Service from the Provider.
2.3 "Assistance Agreement" means an assistance agreement as defined by the Act and entered into between the Department and a Provider.
2.4 "CMSU" and "Program" means the Community-managed Housing - Studio Units Program administered by the department.
2.5 "Common Eligibility Criteria" means the department Common Eligibility Criteria for housing assistance under the One Social Housing System as provided by the Department from time to time.
2.6 "Eligible Persons" means those persons who:
- have a very high or high and urgent need for housing assistance
- meet the Common Eligibility Criteria
- are listed on the Department's Housing Register.
2.7 "Enquirer" means a person who enquires about a Housing Service.
2.8 "Housing Register" means the Department's wait list of Eligible Persons for Housing Services.
2.9 "Housing Service" means the provision of accommodation and/or services as defined in the Act.
2.10 "Objectives" means the objectives of the Program, as described in clause 5.3.
2.11 "One Social Housing System" means the integrated system for the provision of all housing assistance funded by the department.
2.12 "Program Specification" means this document and includes any amended, additional or replacement Community-managed Housing - Studio Units Program Specifications notified to the Provider in accordance with the Assistance Agreement.
2.13 "Property" means the premises described in the Assistance Agreement.
2.14 "Provider" means the party to the Assistance Agreement (other than the State) being a registered provider in accordance with the Act, and where the context allows, extends to and includes its successors in title and assigns.
2.15 "Receipts" means receipts as defined by the Regulation.
2.16 "Regulation" means the Housing Regulation 2003.
2.17 "Tenant" means an Eligible Person or persons to whom the Provider grants occupation rights to the Property.
In this Program Specification, unless the context otherwise requires:
3.1 all words and phrases have the same meaning as in the Assistance Agreement and the rules of interpretation of the Assistance Agreement apply to the interpretation of the Program Specification; and
3.2 this Program Specification shall be read as if it were part of the Assistance Agreement.
4. Program Introduction
4.1 The Department, through the CMSU gives assistance to Providers to provide social housing assistance to Eligible Persons. That assistance may be delivered as long term assistance, or as a transition to long term social housing or other secure housing options.
4.2 Providers who receive assistance under the CMSU will operate as part of the One Social Housing System.
4.3 The Provider must comply with the Objectives of the CMSU.
4.4 Providers under the CMSU must be accredited as specified in section 8A of the Regulation.
5. Program Details and Purposes
5.1 Where funds come from
CMSU is a State funded program.
CMSU is administered by Social Housing Programs, Department of Housing and Public Works.
CMSU provides both transitional housing and long term social housing, matched to the needs of the particular Applicant.
- provides timely housing assistance that is responsive to Eligible Persons with a very high or high and urgent need for housing
- complements and supports the effective delivery of crisis and longer term housing assistance by helping to connect and improve the pathways between the homelessness and the social housing system
- assists Eligible Persons to stabilise their circumstances and build their capacity to progress to longer-term living arrangements, in the private or social housing sectors. Transitional housing does this by providing intensively managed and closely monitored housing assistance based on need.
Long term social housing provides assistance Eligible Persons in greatest need for the duration of that need.
6. Policy Requirements
6.1 The Provider must comply with its obligations under the Regulation, including its obligations to keep and implement policies as set out in sections 25, 26, 26B, 28 and 34 of the Regulation.
6.2 Clause 6.3 does not contain a definitive list of policies required to be kept and implemented by the Provider. Each respective policy requirement detailed below in clause 6.3 must be read in conjunction with the Assistance Agreement and the Regulation.
6.3 The Provider must make provision for the following requirements in its respective policy and implement such policy to the satisfaction of the Department:
Referrals Policy (s25 of the Regulation) Where a Provider is not able to assist an Enquirer or where a tenant no longer wishes to remain within the Property but wishes to obtain assistance through a Housing Service, it must refer those persons to other avenues for assistance. The Provider must ensure that the referrals are appropriate and relevant to the Enquirer.
Eligibility Policy (s26 of the Regulation) The Provider must implement the Common Eligibility Criteria published by the Department from time to time as its Eligibility Policy required under s26 of the Regulation.
Allocations Policy (s26B of the Regulation) The Provider must implement the Allocations Policy Transitional Housing–Community Rent Scheme, Community-managed Housing – Studio Units and Same House Different Landlord as published by the Department from time to time, as its Allocations Policy required under s26B of the Regulation.
Dispute Resolution and Review of Decisions (s29 of the Regulation) The Provider must keep and implement policies for:
- handling and resolving disputes involving Tenants, including complaints, promptly and impartially
- reviewing its decisions relating to Tenants and substantiating decisions made
- ensuring that a written response to a dispute or review of a decision is provided to the Tenant.
- Rent (s34 of the Regulation) The Provider must implement the Community Housing Rent Policy as provided by the Department from time to time, as its Rent Policy required under s34 of the Regulation.
6.4 Tenancy Planning and Review
The Provider must implement the Tenancy Planning and Review policy, procedures and guidelines as provided by the Department from time to time.
6.5 Tenant Involvement of Management Decisions
The Provider must develop, document and implement a policy and process which ensures that Tenants are provided with the opportunity to be involved in management decisions which affect them and in the operational procedures of the Property.
6.6 Property Management and Maintenance
The Provider must develop, document and implement a policy and process by which purchases will be made and works in connection with the Property will be undertaken. The policy must:
- ensure that purchases and works undertaken represent the best value for money, that is, the best return and performance for the money being spent
- ensure that the selection of tradespersons is fair, equitable and free from any conflict of interest
- ensure that, where required by law, a qualified licensed tradesperson with adequate insurance cover is engaged to carry out the work
- ensure that, where a tradesperson is engaged for an extended period of time that periodic checks are made to make sure that the tradesperson is licensed to carry out the works and holds adequate insurance cover
- ensure that works are completed in a timely manner.
7. Property Matters
7.1 The Provider's maintenance obligations, for Department owned properties, are pursuant to those set out in the Assistance Agreement.
7.2 The Provider must comply with all relevant laws and regulations. The Provider must comply with all laws and regulations in relation to the health and safety of persons using or entering the Property.
7.3 The Provider must not grant any rights of occupation to the Property to a person who is not an Eligible Person without first obtaining the written approval of the department.
7.4 The Provider must ensure that the Property is furnished to a reasonable standard before an Eligible Person resides in the Property. Furnishings must include a reasonable standard of floor coverings, curtains or -blinds, stoves, refrigerators, beds, tables and chairs depending on the Eligible Person's reasonable needs and the accommodation type of the particular Property.
8. Allowable Expenditure
Operational levels or quotas of the Provider are negotiated between the Department and the Provider. Elements that determine the operational levels or quotas of the Provider are:
8.1 In achieving the objectives of CMSU the Provider must only use Funds and Receipts for Allowable Expenditure.
The minimum amount of public liability insurance to be held by the Provider is $10,000,000 (ten million dollars).
10.1 The Provider must provide the following information and reports to the Department within 21 days of being requested by the Department to do so in writing:
- a copy of any required insurance policies, the receipts for the last premiums and certificates of currency of all such insurance policies
- such other information related to the Provider's operations as the Department may reasonably request.
10.2 Without limiting clause 10.1 the Provider must provide the following completed reports to the Department in the time frames detailed below:
- the Social Housing Services' Annual Financial Return in the form or system provided from time to time by the Department by 31 October each year
- a report that explains how the Provider has met its obligations under the Assistance Agreement for each annual period ending 30 June, by 31 October each year
- the financial reports in the form or system provided by the Department from time to time and by the dates stipulated by the Department.