New South Wales Government
Teacher Housing Authority of NSW

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3. Housing Eligibility and Allocation Policy

Housing Eligibility and Allocation Policy

1. Introduction

• 1.1 The principal object of the Teacher Housing Authority of NSW (THA) is to provide and maintain suitable and adequate housing accommodation for teachers.
• 1.2 The Housing Eligibility and Allocation Policy (HEAP) is consistent with this objective and gives absolute priority to teachers.
• 1.3 The HEAP is based on the fundamental principle of maximising the use of available accommodation.
• 1.4 Dwellings temporarily not required for use by teachers will be leased to private tenants.
• 1.5 In the allocation of accommodation to teachers, consideration will be given to advice from local housing representatives.
• 1.6 The provisions of the Residential Tenancies Act 1987 (and associated Regulation) apply to the leasing of all THA accommodation.

2. Definitions

• 2.1 “teacher” means any person employed under the provisions of:
  • 2.1.1 the Teaching Services Act 1980; or
  • 2.1.2 the TAFE Commission Act 1990 where the duties of the position primarily involve teaching or the provision of educational leadership;
• 2.2 “permanent” teacher means any person permanently employed on a full or part-time basis;
• 2.3 “temporary” teacher means any person employed full time for a month or more or part-time for two terms or more;
• 2.4 “casual” teacher means any person employed on a day-to-day basis providing release for permanent teachers.
• 2.5 “nsbets” means a “non school based education teaching service” position;
• 2.6 “private tenant” means any person other than a teacher (as defined in 2.1);
• 2.7 “dependant” is any one of the following who is maintained and lives permanently in the one dwelling with a teacher:
  • (i) spouse (married or defacto)
  • (ii) student under 25 who is a full time student at a school, college or university
  • (iii) child
  • (iv) child housekeeper
  • (v) invalid relative
  • (vi) parents or spouse’s parents
• 2.8 “maintained” means that the teacher and the dependant reside together permanently in the one dwelling and the dependant receives food, clothing and lodging from the teacher;
• 2.9 “restricted tenancy” means that the allocation is subject to a condition that the dwelling may need to be vacated at the request of the THA. A restricted tenancy applies when:
  • (i) the dwelling is occupied by a private tenant;
  • (ii) teachers not willing to share accommodation occupy a dwelling with 2 or more bedrooms;
  • (iii) single teachers or couples without dependants occupy a dwelling with 3 or more bedrooms;
  • (iv) teachers, other than the principal, occupy a dwelling designated as the school residence for a school;
  • (v) teachers appointed to a school in one town, occupy a dwelling in another town; or
  • (vi) the dwelling is occupied by a casual teacher or a person in a casual ‘nsbets’ position (see 4.2).
• 2.10 “sharing” means that the teacher tenants are not in a familial or spouse/partner relationship and relates to dwellings with 2 or more bedrooms.

3. Assessment of Need

• 3.1 The THA’s policy is needs based. The following matters will be taken into account when considering the allocation of housing:
  • (i) applications for housing from newly appointed teachers to the locality;
  • (ii) the standard and size of the applicant’s existing accommodation, together with security of tenure and distance from the locality in which they teach;
  • (iii) the number of dependants maintained (if any);
  • (iv) the appropriateness of available THA accommodation to the applicant’s needs;
  • (v) the time that has elapsed since the Application for Housing was lodged; and
  • (vi) any special circumstances which constitute a need for accommodation.

4. Allocation Priorities

• 4.1 The following table outlines the allocation priorities for THA accommodation:

Allocation priorities for THA accommodation

Priority	Applicant Category
1	permanent full time teacher or ‘nsbets’ position
2	temporary full time teacher or ‘nsbets’ position
3	permanent part time teacher or ‘nsbets’ position
4	temporary part time teacher or ‘nsbets’ position
5	casual teacher or ‘nsbets’ position – Restricted tenancy (see 4.2)
6	private tenant (non teaching staff employed by the Department of Education and Training) – Restricted tenancy (see 2.9)
7	private tenant (staff employed by other public sector organisations) – Restricted tenancy (see 2.9)
8	private tenant (member of the general community) – Restricted tenancy (see 2.9)

• 4.2 Casual or casual ‘nsbets’ teachers will be allocated accommodation on a restricted tenancy and will be required to periodically provide written evidence that they are actually working in the Education Teaching Service. A casual teacher who works for four days per week will receive preference over a casual teacher who works for three days per week and so on.

5. Allocation Criteria (Teachers)

• 5.1 Subject to the assessment of need outlined in section 3, the following criteria will be used when allocating accommodation to teachers:

Single Type Accommodation (1 bedroom dwelling)

Priority	Tenant Classification
1	Single teacher or a couple without dependants

Single Type Accommodation (2 bedroom dwelling)

Priority	Tenant Classification
1	Two single teachers sharing
2	Family unit with one dependant
3	Couple without dependants
4	Single teacher (as sole tenant) (restricted tenancy)

Family Type Accommodation (dwelling with 3 or more bedrooms)

Priority	Tenant Classification
1	Family unit with dependants
2	Single teachers sharing (restricted tenancy)
3	Couple without dependants (restricted tenancy)
4	Single teacher (restricted tenancy)

Family Type Accommodation (School Residence)

Priority	Tenant Classification
1	Principal of the associated school on appointment or at a normal change of tenancy
2	Other teachers in accordance with the allocation criteria (restricted tenancy)

6. Restricted Tenancies

• 6.1 All restricted tenancies are to be accepted in writing by the tenant at the time of the offer of accommodation.
• 6.2 The THA may consider terminating a tenancy where changes to the tenant’s circumstances during the tenancy result in that tenant being inappropriately accommodated.
• 6.3 A teacher on a restricted tenancy will be requested by the THA to vacate a dwelling only where an appropriate alternative THA dwelling (as determined by the allocation criteria [5]) is available (except as outlined in 6.4 below). In such instances, and depending on the conditions under which the initial Residential Tenancy Agreement was established, the THA may meet reasonable removal costs (excluding costs associated with the storage of furniture for any period).
• 6.4 Where a restricted tenancy of a school residence is terminated to allow occupation of the dwelling by the school principal, the THA will assist the tenant to find alternative accommodation.

7. Other Matters

• 7.1 A teacher may only lease one THA dwelling at a time.
• 7.2 An application for housing will lapse if an offer of accommodation for the type of dwelling sought by a teacher is refused.
• 7.3 Existing tenants of the THA may not move to alternative THA accommodation without the prior, written approval of the Authority.
• 7.4 Additional persons are not to be introduced into a THA dwelling without the prior, written approval of the Authority.
• 7.5 Where a teacher or their spouse owns a dwelling within 50 kilometres of the school to which the teacher is appointed, the teacher is ineligible for THA accommodation.
• 7.6 A teacher who:
  • 7.6.1 previously occupied a THA dwelling and seriously and consistently breached the provisions of the Residential Tenancy Agreement (eg by not paying rent or failing to maintain the dwelling in a clean and habitable state) is ineligible for THA accommodation.
  • 7.6.2 has an outstanding debt to the THA (including debts previously “written off”) is ineligible for THA accommodation until the debt is paid.
• 7.7 A teacher must agree to vacate their THA dwelling (within 21 days of the date notice is given) before alternative THA accommodation will be offered.
• 7.8 A permanent teacher on leave (except Maternity Leave or Sick Leave) or secondment for more than three months, who does not remain in the locality they are appointed to, may be required to vacate the THA dwelling they have been allocated.
• 7.9 A temporary teacher may be required to vacate the THA dwelling they have been allocated when their temporary engagement ceases.
• 7.10 A teacher must vacate their THA dwelling within 21 days of transferring to non-THA accommodation.
• 7.11 A teacher who ceases to be employed in the Education Teaching Service may be required to vacate their THA dwelling.

8. Exceptional Circumstances

• 8.1 The General Manager has discretion, in exceptional circumstances, to vary or waive any provision of the HEAP.

9. Dispute Resolution

• 9.1 All disputes concerning the operation or interpretation of this policy will be determined by the General Manager.
• 9.2 A tenant (or prospective tenant) who is not satisfied with a decision by the General Manager may ask for the matter to be determined by the THA Board.

[Revised February 2008]