The Housing Australia Amendment (Accountability) Bill 2025 requires that all government directions under the Housing Australia Act 2018—including adjustments to the Home Guarantee Scheme and other elements of the Housing Australia Investment Mandate—become disallowable instruments subject to parliamentary oversight.
The Bill amends the Housing Australia Act 2018 by repealing the existing legislative note at subsection 12(1) and inserting a new subsection 12(4) to provide that every direction made under subsection 12(1) is subject to section 42 (disallowance) of the Legislation Act 2003. It also deems all existing directions in force at commencement—including those governing the Home Guarantee Scheme and the Housing Australia Future Fund Facility—to have been registered under the Legislation Act and therefore disallowable. The effect is to subject both future and past amendments to the Housing Australia Investment Mandate to parliamentary review and potential disallowance.
Parliamentary oversight is a cornerstone of democratic governance. By making directions under subsection 12(1) of the Housing Australia Act disallowable, this Bill restores the proper balance between executive flexibility and legislative accountability. Elected representatives gain the power to review, debate and, if necessary, annul material changes to major housing programs like the Home Guarantee Scheme, ensuring that significant policy shifts reflect the will of Parliament rather than unilateral executive decision-making.
Experience shows that when technical or financial criteria for social programs are altered without scrutiny, risks emerge: budget blowouts, unintended market distortions, or unfair access to taxpayer-backed guarantees [Judgment]. Subjecting these changes to disallowance improves transparency and deters sudden or poorly conceived amendments, leading to more stable and predictable housing policy outcomes.
While parliamentary scrutiny enhances transparency, this Bill risks introducing procedural delays into urgent housing market responses. The executive needs the ability to adjust scheme parameters—such as eligibility caps or guarantee terms—in real time to stabilise markets and address emerging affordability crises. Mandating disallowance hearings could slow down necessary reforms, reducing policy agility and potentially exacerbating short-term shortages.
Moreover, subjecting technical instruments to political debate may politicise otherwise apolitical administrative decisions, creating uncertainty for lenders, builders and homebuyers who rely on stable program settings [Judgment]. From an efficiency standpoint, the extra parliamentary step may impose transaction costs that outweigh the marginal gains in accountability.
2025-09-04
Senate
Before Senate
BRAGG, Sen Andrew
Unspecified
Democratic Institutions, Housing Policy, Social Support / Welfare