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Hunter Community Housing - Notifiable Events To The Registrar Procedure

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Section 1 - Purpose 

(1) Hunter Community Housing must report certain events to the NSW Registrar as described in the National Regulatory System for Community Housing (NRSCH) Provider Notification Guidelines within the time specified.

(2) This policy outlines the notification requirements and timeframes in accordance with these guidelines and Section 15(2)(h) of the Community Housing Providers National Law (NSW)

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Section 2 - Scope 

(3) This policy applies to all Diocesan agencies registered under the NRSCH.

(4) Compliance with notification requirements under Section 15(2)(h) of the Community Housing Providers National Law (NSW) is a mandatory condition of registration.

(5) Registered providers must maintain high standards of probity under Performance Outcome 5, including safeguarding the reputation of the community housing sector.

(6) All directors and workers of Hunter Community Housing must report relevant events to the Governance Compliance and Assurance Manager, who will coordinate notification to the Registrar. 

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Section 3 - Responsibilities

ROLE RESPONSIBILITIES
Hunter Community Housing Board The governing body of Hunter Community Housing. Under the National Regulatory System for Community Housing (NRSCH), the governing body of a registered community housing provider is responsible for ensuring compliance with notification requirements.
Chief Governance Officer Responsible for implementation and communication of this policy and ensuring notifications are made within specified timeframes to the NSW Registrar’s office.
Director Property and Housing / Chief Financial Officer Responsible for ensuring incidents and events are notified to the Head of Governance and reported in mnResponse the Diocese’s governance, compliance, and risk management systems.
Workers Ensure they have read, understood, and comply with this policy, notify all incidents and events to the Director of Property and Housing and report in mnResponse. 
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Section 4 - Policy Statement 

(7) Hunter Community Housing will ensure notifications are made in accordance with the NRSCH Provider Notification Guidelines and National Law.

(8) We will proactively review, disclose, and address Issues of non-compliance to demonstrate and maintain compliance.

(9) Incidents that may damage our reputation will be addressed promptly and appropriately. 

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Section 5 - Notification Requirements

(10) Hunter Community Housing must notify the NSW Registrar of the following events within specified timeframes:

  1. Decision to appoint a voluntary administrator or wind up the provider – as soon as practicable.
  2. Appointment of a receiver to the provider – as soon as practicable, learning of the appointment.
  3. Decisions to apply for cancellation of registration – as soon as practicable and at least 28 days before applying.
  4. Change in the affairs that may adversely impact compliance – before or within 72 hours of the change.
  5. Any other occurrence notified in writing by the primary Registrar – within the specified timeframe.
  6. Decision to conduct a vote on a matter that could affect eligibility or registration category – as soon as practicable.

(11) Hunter Community Housing is responsible for determining whether a change in affairs may adversely impact compliance and whether notification is required.

(12) Examples of changes in affairs include:

  1. Significant unplanned turnover and/or loss of senior staff or board members;
  2. Significant operational restructure;
  3. Corporate mergers, de-mergers, or restructuring;
  4. Plans to change corporate entity type;
  5. New or significant changes in affiliations;
  6. Significant system failures (e.g., unrecoverable data loss);
  7. Legal action with potential financial or reputational impact;
  8. Changes to the constitution affecting the wind-up clause; or
  9. Any change with a significant negative impact on financial viability, objectives or reputation.

(13) Hunter Community Housing must notify the NSW Registrar of incidents that damage or may damage the community housing sector’s reputation, including:

  1. Proven serious or repeated breaches of our Code of Conduct;
  2. Substantiated fraudulent or criminal behaviour by staff, board members or volunteers;
  3. Death or serious Injury ro a tenant where service standards may be a contributing factor;
  4. Media coverage of serious failures;
  5. Regulatory investigations;
  6. Tenant protests or complaints escalated publicly.
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Section 6 - Notification Process 

(14) Notifications must be made within specified timeframes.

(15) Reputation-damaging incidents must be notified within 72 hours.

(16) Referred notification methods:

  1. Email via the ‘Contact a Registrar’ tab on www.nrsch.gov.au ; or 
  2. Phone call to the NSW Registrar’s office.

(17) Additional information may be requested verbally or in writing.

(18) If unable to meet the timeframe, staff must notify the Registrar and follow any instructions.

(19) The Registrar will advise on further actions, and Hunter Community Housing will comply.

(20) For administrator or receiver appointments, the Registrar may liaise with Hunter Community Housing and relevant government agencies.

(21) Notifications are considered in future compliance assessments.

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Section 7 - Failure to Notify 

(22) Notification under Section 15(2)(h) of the National Law is mandatory.

(23) Failure to notify within required timeframes will be considered in compliance assessments.

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Section 8 - Consequences of Breaching this Policy 

(24) Any worker found to be in breach of this policy may be subject to disciplinary action, including where a serious breach occurs, dismissal.

(25) Breaches may damage Hunter Community Housing and the Diocese and risk noncompliance and loss of registration.

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Section 9 -  Notations

(26) If there are any inconsistency between a policy document in existence before the commencement of this policy, and a policy document developed after the commencement of this policy, the later applies to the extent of the inconsistency.

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Section 10 - Document Review 

(27) This policy will be reviewed when there is a legislative change, organisational change, delegations change or at least every 3 years to ensure it continues to be current and effective.