Page 1911 - Week 07 - Tuesday, 14 May 2013
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There is nothing in the bill to exclude or limit the operation of the Human Rights Act 2004, which will apply to both the operation and the interpretation of the bill and the national law in the ACT. Common law rights protecting against self-incrimination are not displaced by the national law.
One of the key objectives of the Community Housing Providers National Law is to ensure that regulatory requirements for community housing providers are consistent across Australia. The approach to making and amending the national law is intended to ensure that the national law is universally applied across all participating jurisdictions and that any future amendments are agreed by participating jurisdictions and adopted and implemented consistently.
Operation of the national community housing law will be overseen by a ministerial council for the national regulatory system for community housing, a ministerial advisory committee and a national regulatory council. The ministerial council for the national regulatory system for community housing is comprised of ministers nominated by each participating state and territory and the commonwealth.
Currently, this comprises ministers of participating jurisdictions within the COAG Select Council on Housing and Homelessness and is responsible for approving, and approving changes to, the national law, issuing policy directions for the national regulatory system, appointing members to the national regulatory council, approving protocols and operational guidelines, determining any disputes related to cross-jurisdictional issues that cannot be resolved by the ministerial advisory committee, and approving national regulatory system service standards.
The ministerial advisory committee consists of senior officers from all participating jurisdictions. Currently, this is the participating jurisdictions’ representation on the Housing Ministers Advisory Committee. The ministerial advisory committee is responsible for advising the ministerial council on policy requirements for the national regulatory system to meet government priorities and objectives and any other matters referred to the ministerial advisory committee from time to time by the ministerial council. It is also responsible for establishing advisory committees as may be required from time to time, and resolving any cross-jurisdictional issues relating to the national law.
The national regulatory council is comprised of one representative nominated by each participating jurisdiction and nominated by the relevant minister but may not be a registrar, not more than two experts nominated by the ministerial council, and one member nominated by the ministerial council drawn from the community housing industry.
The purpose of the national regulatory council is to facilitate the provision of advice to the ministerial council about systemic issues that impact on the implementation and ongoing effectiveness of the national regulatory system. As an advisory body, all functions performed by the council are undertaken on the basis of supporting the decision-making role of the ministerial council. Any changes to the national law must first be agreed by the ministerial council.
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