The Housing Registrar will work with Registered agencies to develop regulatory action plans where there is evidence of non-compliance. A regulatory action plan contains regulatory action items identified by the Housing Registrar to improve the compliance and performance of a registered agency.

Regulatory action plans are agreed with registered agencies and are informed by the range of evidentiary information available to the Housing Registrar, including annual compliance assessments, reportable events, complaints and the outcomes of regulatory engagement meetings. Ongoing reporting is required by registered agencies where they must submit reportable events that have or may have an adverse impact on a registered agency’s compliance with Performance Standards and/or other regulatory obligations under the Housing Act.

The Housing Registrar may identify compliance and performance risks about a registered agency in the course of ongoing regulatory engagement. Registered agencies are required to address identified risks through regulatory action plan items. The Housing Registrar monitors a registered agency’s progress against its regulatory action plan and agreed timelines to ensure identified risks are addressed.

Aboriginal Organisations should be aware that The Registrar of Housing Agencies has a range of intervention powers available under Part VIII of Division 8 of the Housing Act 1983 (Vic) (Housing Act). The Registrar can act to remedy issues of non-compliance in accordance with the Intervention Guidelines.

These statutory powers exist to protect the interest of tenants and the community, including ensuring good governance, ongoing financial viability and facilitating the delivery of high-quality tenant and housing services.

Intervention powers are used as a matter of last resort when an identified compliance issue cannot be resolved in a reasonable time frame regarding the level of risk presented.

Most compliance and performance issues identified by the Housing Registrar are managed proactively and cooperatively with registered agencies through a tailored regulatory action plan.

Regulatory action plans are based on a registered agency’s regulatory risk profile and consider its compliance and performance history.

The Housing Registrar manages compliance with registered agencies during the annual compliance assessment process which generally takes place between March and September. The assessment is carried out through a considered and phased approach based on the agencies regulatory risk profile. The assessment includes:

1. Monitoring and issue resolution
2. Investigation - Where a registered agency is unable or unwilling to improve its compliance or performance, the Registrar may escalate regulatory engagement to undertake an investigation
3. Intervention - Formal intervention powers available to the Registrar under Part VIII of Division 8 the Housing Act can be used to address issues of non-compliance against Performance Standards. 

The Housing Registrar may identify compliance and other performance issues for registered agencies from several regulatory activities, including annual compliance assessments, reportable events, complaints referrals and investigations.

In circumstances where the issues do not represent a high risk to the registered agency and the agency has historically met regulatory compliance and performance requirements, the Registrar of Housing Agencies (Registrar) will first engage with the registered agency to develop a regulatory action plan to cooperatively remedy the compliance issue. Once the registered agency has resolved the issue to the Registrar’s satisfaction, regulatory engagement returns to normal without the need for intervention or escalation under the Intervention Guidelines.

If the registered agency does not demonstrate commitment to resolving the issue(s), the Registrar may escalate engagement with the registered agency to include a formal investigation or use specific powers available under Part VIII of Division 8 of the Housing Act. In serious cases the Registrar may move directly to using intervention powers if considered necessary and proportionate.

Where a registered agency is unable or unwilling to improve its compliance or performance, the Registrar may escalate regulatory engagement to undertake an investigation. In such instances, the overall objective of the investigation is to determine whether any changes are required to remedy compliance and performance issues under the Housing Act and gazetted Performance Standards.

The Registrar’s investigation powers include the following:

• The appointment of inspectors
• Requiring compulsory attendance at interviews
• Requiring compulsory supply of documents and records
• Entry to premises, search and seizure of documents or other items
• Gaining and use of a search warrant.

An investigation may result in a report of findings identifying compliance, performance and systemic matters to be addressed either through regulatory action plan items or the use of intervention powers. In some cases, non-compliance is not identified, and no future action is required. 

Formal intervention powers available to the Registrar under Part VIII of Division 8 the Housing Act can be used to address issues of non-compliance against Performance Standards.

In considering use of intervention powers the Registrar is required to follow the principles contained in the Intervention Guidelines.

In accordance with the guidelines, intervention is a matter of last resort and in most cases, non-compliance is managed cooperatively through regulatory action items.

Intervention powers available to the Registrar include:

• Recommending the appointment of governing body members (s131)
• Instructing the registered agency to take a specific action (s132), including:
  • To enter into specified arrangements with one or more registered agency including transfer of some or all housing or merger
  • To appoint governing body members
  • To appoint an administrator
  • The winding up and distribution of the assets of a registered agency but this will only occur if an agency has taken the decision to wind up itself (s134)
  • Any other matter the Registrar thinks fit.

In addition to these intervention actions the Registrar can revoke the registration of a registered agency (s141).