Teacher housing procedure

Audience

All teachers employed by the Department of Education (DoE) and all stakeholders involved in the teacher housing process.

Purpose

This procedure outlines the processes and responsibilities for tenancy management of teacher housing, including eligibility, the application process, and allocation of housing, as well as teacher obligations when residing in teacher housing.

Overview

Teacher housing is managed at the local level through an elected local accommodation committee (LAC) who support the needs of the community including existing tenants and incoming tenants. Local management is undertaken in partnership with region and central office and allows for flexibility when responding to local issues and contexts.

Teacher housing is available to attract and retain capable and confident teachers in our rural and remote (transfer rating 4 – 7) state schools across Queensland. Minimal teacher housing is available in other locations (transfer rating 1 – 3) and may be made available to eligible employees in order to meet a government service or need. As there is no entitlement, teacher housing applications to these locations (transfer rating 1 – 3) will be considered by the regional Human Resources (HR) Director for approval, on a case by case basis using special consideration criteria and applying local knowledge.

This procedure is to be read in conjunction with the department’s Teacher housing policy, Attraction and retention incentives Directive (7/14) and the Transfer and appointment expenses Directive (11/11). Although teacher housing is managed by the department, tenants and property owners and managers have legal rights and obligations. These can be found in detail on the Residential Tenancy Authority (Qld) website.

Teachers can apply for subsidised teacher housing if they believe they meet the eligibility criteria as defined in the Teacher housing policy. Officers responsible for teacher employment through appointment or transfer are to consider the availability of teacher housing when making an offer, in particular the type of housing available and the personal and/or family circumstances of the teacher.

The provision of teacher housing is intended for medium to long-term occupancy. In some cases, the regional HR Director, in consultation with the LAC, may approve the provision of teacher housing for a minimum of one term employment, for officers on appointment. Housing is typically provided unfurnished. For multi-tenancies, where exceptional circumstances exist, the LAC can make a request through the regional HR team for the department to provide a furniture kit for accommodation. The request must fully outline reasons for the request.

There may be instances where schools/regions are unable to appoint locally to school based school support staff positions and need to offer access to subsidised teacher housing to attract and recruit a suitable candidate from outside the local area. Approval to offer teacher housing to school support staff employees will be at the discretion of the regional HR Director and considered on a case by case basis.

School based school support staff and preservice teachers may occupy teacher housing at subsidised rental rates, to maximise occupancy, only if suitable housing is available and only when all other eligible teachers have been accommodated. Approval to offer teacher housing to school based school support staff and preservice teachers will be at the discretion of the regional HR Director. In these instances, those individuals are still subject to the teacher housing eligibility criteria and are to comply with the relevant policy and procedures. 

Responsibilities

Local Accommodation Committee (LAC) (or Principal where there is no LAC)

A Local Accommodation Committee is to be established for local management of teacher housing in all centres with one or more multi-tenancy dwellings, provided for accommodation of departmental employees. The incumbent Principal fulfils the role where there is no requirement for an LAC to be established.

A Responsible Officer, being the outgoing Local Accommodation Officer (LAO), a Principal, or the employees’ industrial representative, is to call a general meeting, which is to occur annually. The meeting is to be open to all permanent departmental employees in the centre, where they will consider the composition of the LAC and the procedure for subsequent election process. The committee is to be large enough to ensure that all stakeholders are represented but should not be so big that it is unmanageable.

Membership of the LAC should be elected by staff in the area covered by the LAC and consist of:

• teachers who are occupants of departmentally provided housing in the location
• school Principal or other school leaders
• cross-sectional representation of school-based staff in the location covered by the LAC. In determining cross-sectional representation consideration should be given to workplace types, household sizes, gender representation, cultural diversity, industrial representation, and multi and sole tenancy representation.

Notification of the membership of the LAC must be provided to Housing Infrastructure, Infrastructure Services Division (ISD) and regional HR as soon as possible after the election.

All workplaces are to display the names of local accommodation officers and the elected members and the workplaces they are representing, in a way that is readily accessible to employees in each workplace. If a representative of the employees' industrial organisation has been elected to the committee then their name and role should be identified.

At the first meeting of a newly convened LAC, a Local Accommodation Officer must be elected as chair and administrator of the committee. At this meeting, the frequency of meetings and procedural arrangements for the committee must be established. It is recommended that meetings are held quarterly with mandatory meetings at the end of each semester to coincide with periods where movement into housing is expected to be high. Meetings must be held each time allocations are confirmed. An LAC may use other reasonable ways to communicate and document a decision made about one off allocations where they occur from time to time.

Members of the LAC are required to:

• take all reasonable steps to prevent, detect and respond to allegations of fraud and corruption
• abide by the Code of Conduct and Standard of Practice
• treat all personal information and correspondence from tenants as confidential and handle appropriately
• not be present or involved in decisions relating to their own teacher housing application or tenancy
• not be involved in a decision where the LAC determines that their involvement may be considered an actual or perceived conflict of interest.

The duties of the LAC are as follows:

• Receive teacher housing application forms and verify that the teacher meets the eligibility criteria, including seeking advice from regional HR where required.
• Makes decisions about the teacher's eligibility for teacher housing and considers human rights (DoE employees only) when making eligibility decisions.
• Allocates teacher housing to eligible teachers in accordance with the Teacher housing policy, and advice from regional HR when required.
• Allocates teacher housing to eligible teachers in special consideration areas in accordance with agreed minimum benchmark criteria, any locally agreed criteria and advice from regional HR.
• Considers human rights (DoE employees only) when making allocation decisions.
• Manages tenanted and vacant residences, including working with property managers, facilitating maintenance requests and lawful entry in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld).
• Manages the allocation of accommodation in a way that best optimises the utilisation of housing to suit the needs of the tenant and the department.
• Arranges, where necessary in multi-tenancies, the connection/disconnection of utilities (e.g. electricity)
• Retains copies of all tenancy documentation, including communications between tenant and LAC in accordance with the records retention and disposal schedule.
• Manages the initial response to tenant complaints/disputes, or escalates according to the grievances and disputes process (Step 6).
• Investigates and provides recommendations to regional HR and Housing Infrastructure, ISD regarding future housing requirements.
• Where no suitable housing is available for an eligible teacher, refers the matter back to regional HR for consideration of temporary board and lodging until suitable housing becomes available. Provisions for temporary board and lodging in accordance with the Transfer and appointment expenses (Directive 11/11) would apply.
• Reports quarterly or as directed, to Housing Infrastructure, ISD on the utilisation of departmental housing.
• Participates in teacher housing training and development programs.
• Elects an LAO.
• Takes all reasonable steps to prevent, detect and respond to allegations of fraud and corruption.

The duties for the LAO are as follows:

• Acts as the chairperson and administrator of the LAC.
• Where applicable, supervises and is responsible for work undertaken by the LAC Administration Assistant (LACAA).
• Coordinates allocation of tasks to LAC members. 
• Manages complex accommodation matters with the assistance of regional HR, Housing Infrastructure ISD, and regional Infrastructure Managers (IM) ISD.
• Acts as the/an authorised officer for signing tenancy documentation (State Tenancy Agreements (STA) and Residential Tenancies Authority (RTA) forms).
• Ensures necessary tenancy forms and documents are in place.

The duties of a LAC Committee Member are as follows:

• Supports the functions and activities of the LAC and LAO.

The duties of the LACAA is as follows:

• Supports the activities of the LAC members by performing office administration tasks which may include:
  • liaising with maintenance contractors
  • preparation and administration of tenancy and maintenance requests.
• May attend LAC meetings as an observer or note taker.

*Not all committees have a LACAA. Funding for a LACAA is only provided for LACs with 11 or more units of accommodation.

Tenant/Teacher/Employee

• Submits an application for teacher housing to regional HR as soon as practicable following receipt of an offer of appointment or transfer.
• Ensures accurate completion of teacher housing documentation, including tenancy agreement and entry and exit condition reports.
• Complies with all tenant obligations as outlined in the State Tenancy Agreement (STA) (sole tenancy or multi-tenancy) (DoE employees only).
• Ensures the payment of rent for their tenancy via payroll deduction, EA1 (DoE employees only) or contacts Housing Infrastructure, ISD to arrange an alternate method of payment.
• Discloses in writing any change in personal circumstances that may affect the tenancy agreement (i.e. addition of pet/s, guests, change in employment, planned leave) to the LAC/Principal, regional HR and/or Housing Infrastructure, ISD as soon as practicable.
• Arranges their own utilities in their name and at their cost (with the exception of electricity and gas for multi tenants).
• Regularly reviews the teacher housing eligibility criteria to determine their continued eligibility for subsidised teacher housing.
• Keep property clean and undamaged and return the property in the same condition (fair wear and tear expected) and if responsible for any damages, pay for repairs.

Housing Infrastructure, ISD

• Provides advisory support to the LAC/Principal relating to compliance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld).
• Manages teacher accommodation records in the departmental housing management database, including conducting regular audits.
• Manages rental collections (via payroll deductions), including establishing payment processes for teachers who may be on leave without pay.
• Establishes residential leases and lease renewals of other housing sources when there is no department-owned housing available for allocation.
• Funds utilities payments for multi-tenancies.
• Applies rent subsidy calculations in accordance with the Employee housing rent subsidy procedural policy statement (DoE employees only) and Teacher Housing Committee (THC) advice.
• Advises the rent applicable for tenancies where subsidised rent is not an entitlement.
• Implements audit controls for the reimbursement to multi-tenants for gas and power card expenses.
• Compiles tenancy reports and budgets (including database management and cash flow forecasting).
• Contributes to and participates in professional learning and development for all stakeholders involved in teacher housing.
• Reviews the list of transferring teachers provided by Teacher Talent and Mobility Unit, as requested, to review available stock numbers and determine if additional housing will be required.

Infrastructure Manager (IM), ISD

• Supports the LAC/Principal and Housing Infrastructure, ISD with operational and strategic management issues associated with housing assets.
• Coordinates professional learning and development for all stakeholders involved in teacher housing.
• Manages housing assets including maintenance and works schedules (DoE owned housing only).
• Manages the provision of furniture kits upon request from the LAC/Principal for eligible tenancies.

Regional HR Director (or delegate)

• Notifies the LAC/Principal and Housing Infrastructure, ISD if changes to employment conditions occur that may affect teacher housing (i.e. leave without pay, termination of employment, cessation of contract, transfer in/out).
• Reviews eligibility when changes in personal circumstances impact eligibility criteria.
• Ensures eligibility decisions are recorded and retained in accordance with the Records management manual (DoE employees only).
• Provide assistance and guidance to the LAC/Principal and Housing Infrastructure, ISD in relation to teacher housing matters that are impacted due to personal circumstances or employment issues.
• Considers housing availability and possible limitations (i.e. single, shared, household size, existing tenancies) when attracting and recruiting for teacher vacancies, including during the annual teacher transfer cycle.
• Engages early with LAC/Principal before making offers of employment to teachers who require teacher housing to ensure availability.
• Arranges temporary board and lodging for eligible employees where the LAC/Principal advises no suitable housing is available.
• Considers and advises the LAC/Principal where required on matters such as teacher housing in special consideration areas and for preservice teachers and non-teaching school-based staff, using the agreed benchmark criteria and applying local knowledge.
• Informs appointees/transferees (including those on temporary engagements) they are eligible for teacher housing and supports them to put in a request for housing.
• Contributes to and participates in professional learning and development for all stakeholders involved in teacher housing.

Teacher Talent and Mobility Unit and Region HR teams (People Branch)

• Provide quality human resources advice to local accommodation committees and local accommodation officers either directly or through region in relation to managing and leading the policy imperative of attracting and retaining capable and confident teachers to rural and remote schools across Queensland.
• Provide details of transferring teachers to Housing Infrastructure, ISD as requested to allow for early identification of housing limitations.
• Provide advice to regional HR on teacher housing eligibility matters that fall outside the scope of the Teacher housing policy and related directives.
• Approves discretionary payments on a case by case basis for teachers who currently occupy teacher housing, and are directed to work in another location with teacher housing availability, to ensure dual rental payments do not occur.

Teacher Housing Committee (THC)

• Ensures reference group Terms of Reference are maintained and adhered to.
• Conduct annual reviews of the Employee housing rent subsidy procedural policy statement (DoE employees only).
• Provides teacher housing advice to the Deputy Director-General (DDG) Infrastructure Services and Chief People Officer (ADG), People Branch, as required.

Process

 

Image 1 – Process flowchart

1. Recruitment and appointment

Regional Human Resources recruits to a teaching vacancy

When filling a teaching vacancy where teaching housing is available (TR4-7 locations), regional HR will consider the availability of teacher housing (where applicable) and ensure information about teacher housing and aligned processes is provided to candidates at an appropriate point in the recruitment process. This includes candidates being considered for teacher transfer to a TR4-7 location.

• When a teaching vacancy is identified, liaise with the relevant LAC/Principal to determine if teacher housing is currently available and if so, what type (sole, multi-tenancy etc.).
• Where teacher housing is available, consider promoting this as part of the attraction and retention strategy in the recruitment process and ensure candidates are aware where any restrictions apply (eg. no sole tenancies in location).
• Once an offer for appointment or transfer has been accepted by the teacher, inform them of their requirement to complete the Teacher housing application form if they wish to be considered for subsidised teacher housing.

As transfers occur to T24-7 locations, information will be made available to Housing Infrastructure, ISD. Early notification of transferring (in/out) teachers will allow the Housing Infrastructure team to determine if sufficient housing stock will be available when required.

2. Application for Teacher Housing

Teacher submits application for teacher housing

Teachers interested in receiving subsidised teacher housing must consider their eligibility before applying. Eligibility criteria, including employment type, location, and local home ownership is detailed in the Teacher housing policy. These criteria must continue to be met in order to retain access to subsidised teacher housing entitlements. If eligible, complete the Teacher housing application form and submit to LAC/Principal for assessment and eligibility approval.

Teacher housing applications:

• must be submitted by the teacher as soon as practicable upon receiving an offer of appointment or transfer.
• must include all relevant information in the application form. Incomplete applications will be returned and may result in a delay in processing the application, which could affect the relocation and housing allocation process.

There are two types of tenancy offered by the department:

• Sole tenancy – offered to couples, families, Principals and Deputy Principals
• Multi tenancy – offered to singles, where the residence will be shared with others.

Partners of the applicant will only be considered if it is intended that the accommodation provided will be their principal place of residence. Dependants will only be considered if they meet the Schedule of Dependants, as defined in the Recognition of Rural and Remote Service (RoRRS) scheme (see also definitions). 

3. Decision of eligibility

LAC/Principal verifies eligibility criteria and makes decision (excluding for special consideration areas)

Review the teacher housing application form against eligibility criteria set in the Teacher housing policy, using the section at the bottom of the form, to determine if the teacher meets requirements for housing.

Communicate decision to the teacher and:

• record eligibility approval and requirement to allocate appropriate housing when available.
• where not approved, inform the teacher of their rights to lodge an employee grievance and the steps for submitting a grievance (see Step 6 below).

In unique circumstances, the LAC/Principal and regional HR may need to seek advice on housing eligibility and/or approval of out of policy/directive matters from Teacher Talent and Mobility Unit, People Branch. In these instances, regional HR will contact Teacher Talent and Mobility for more information.

Special consideration areas (transfer rating 1 – 3)

In instances where teacher housing is required in transfer rating 1 – 3, to meet a government service or need, employees may be advised by regional HR to apply for teacher housing. The same eligibility criteria outlined in the teacher housing policy will apply, with the exception of location. Regional HR will also apply the below criteria when determining eligibility in these instances.

Assessment for special consideration areas

When considering teacher housing applications for special consideration areas, knowledge of the local area is to be taken into consideration by the LAC/Principal and regional HR. Local consideration factors may include, but are not limited to:

• remoteness of school location
• challenges in recruiting suitable teachers to the location
• little or no private rental market availability
• best optimisation of all vacant departmental housing.

In addition to the above consideration factors, the vacancy risk status must be applied. When teaching vacancies are identified, regional HR, in consultation with the Principal will determine the vacancy risk (low, medium, high or extreme) outlined in the Vacancy risk management guide. Priority for teacher housing in special consideration areas should be applied based on the local consideration factors and the vacancy risk status from highest to lowest risk.

Classification of vacancy risk status has been determined using a range of factors including likelihood the position will be vacant for a period of time, and the consequence if the vacancy is not filled on students, the school, school leadership, the community and the department.

The local consideration factors for special consideration areas should be agreed to by the LAC/Principal and regional HR, with factors to be reviewed on an annual basis.

If the application for teacher housing in a special consideration area meets the agreed criteria, applicants are deemed eligible for the special consideration housing. Eligibility does not guarantee housing and applicants will only be allocated housing if available.

Provision of departmental housing in special consideration areas will attract subsidisations in accordance with the Annual subsidised rental rates advice (DoE employees only) document. 

Priority consideration for victims of domestic and family violence

A teacher eligible for teacher housing in accordance with the teacher housing policy, or a teacher who wishes to apply for a special consideration area who has been affected by domestic or family violence may submit a request for teacher housing. These requests are to be considered immediately and sensitively and are handled on a case by case basis. All reasonable steps will be taken by the department to support teachers affected by domestic or family violence in finding suitable accommodation.

To ensure the most appropriate accommodation is identified, teachers must advise their regional HR team of their preferred location(s). There is no requirement for teachers to provide documentation, such as Domestic Violence Orders, Statutory Declarations or other formal documentation, in support of a request related to domestic or family violence. However, if teachers hold such documents and wish to make them available to the department to support their circumstances, these documents can be provided for noting and will be returned to the teacher. All sensitive information will be treated with the strictest confidence. Further information on the support available for affected staff members is available on the department’s Domestic and family violence (DoE employees only) website.

Change in personal circumstances / Review

There may be cases where personal circumstances of staff have changed and their eligibility for teacher housing needs to be reviewed. This is prompted when the teacher fills out the Change of personal details form and submits to the LAC/Principal. Changes in personal circumstances that affect allocation criteria will be managed by the LAC/Principal. Changes in personal circumstance that affect eligibility will need to be forwarded on to regional HR by the LAC/Principal, and assessed using the bottom section of the Change of personal details form.

Records

All teacher housing decisions are to be held in accordance with the department’s record management (DoE employees only).

4. Allocation

Local Accommodation Committee/Principal allocates housing

Allocation of teacher housing is the responsibility of the LAC/Principal. The establishment and management of LACs will be different in every area depending on local factors. See Part 1 in Managing teacher housing in your location (DoE employees only) for further details. Where a LAC is established, the Local accommodation committee details form is to be filled out and signed by all members of the LAC to ensure that members understand their role within the LAC. This form is then to be forwarded to the regional HR office, the local IM (DoE employees only), and Housing Infrastructure, ISD.

Once eligibility has been approved, the LAC/Principal can allocate housing. In determining allocation of teacher housing, the LAC/Principal should consider the following:

• existing household circumstances of the applicant (e.g. personal security, disability and household member’s health)
• pets (where property owner approval is provided)
• Principals, including Heads of Campus, and Deputy Principals are entitled, where available, to a unit of sole tenancy housing
• optimum utilisation of available dwellings made with consideration to relevant local/regional circumstances including existing tenant's household circumstances
• any other factors considered relevant by the LAC.

See Part 2 in managing teacher housing in your location (DoE employees only) for further details. After consideration of the above, the LAC/Principal allocates teacher housing using the Housing allocation form and begins tenancy management (see Step 5 below).

All eligible teachers must be given first priority to available housing before non-teaching school-based staff can be considered. Non-teaching school-based staff who have been approved for teacher housing may be required to vacate, if the housing is required to accommodate teachers. The Ending A Tenancy Steps, (Step 5) are to be followed.

Required move

A required move may be needed to make the best use of the available lease stock in a particular location, and in order to provide housing suited to the circumstances of all tenants.

Existing tenants can be asked by the LAC/Principal to move to alternative accommodation. Required moves will be timed to coincide with mid-year and end of year teacher transfers where possible. The Ending A Tenancy Steps (Step 5) are to be followed.

Where a tenant has been asked to relocate in order to allow the LAC/Principal to accommodate an incoming tenant and their family, the LAC/Principal will arrange to pay reasonable associated costs to the tenants for the move, including a bond clean, garden maintenance, pest control and removal costs.

Documentary evidence must be provided for reasonable expenses incurred, with evidence examples being, but not limited to, receipts, invoices, itemised statements, quotes and/or certified declarations.

Allocation of subsidised teacher housing in special consideration areas

Allocation of teacher housing in special consideration areas will be determined using the local consideration factors and the vacancy risk status that forms the basis for eligibility. In instances with more than one application for housing in the same special consideration area, the LAC/Principal should consult with regional HR to prioritise the applications.

Housing stock

The LAC/Principal is to report quarterly following request from Housing Infrastructure, ISD on the utilisation of departmental housing.

The LAC/Principal is to identify if there is a requirement of additional teacher residences and/or replacement of teacher residences. If identified, the LAC/Principal is to complete the submission for new or replacement housing (DoE employees only) and follow the steps outlined in the document. 

The LAC/Principal is to contact regional HR to arrange temporary board and lodging for eligible employees, where the LAC/Principal advises there will be a delay in allocating housing or no suitable housing is available.

Leave

Tenants to complete Change of personal details form if they are going on leave for more than 6 months. Employees on paid or unpaid leave up to 12 months are eligible to remain in departmental housing at the subsidised rate. Tenants to contact Housing Infrastructure, ISD to arrange rent payment for unpaid leave.

Employees on continuous paid or unpaid leave beyond 12 months are no longer eligible for subsidised rent. In special circumstances, discretion can (may) be applied to allow a teacher to remain in housing after the 12 months of unpaid leave. For any extension of tenancy beyond the 12 months of continuous leave, tenants will no longer be eligible for subsidised rent and will be required to pay the market rate if they wish to remain in teacher housing. They may stay in the property at full market rate only if there is no need for the property to support an incoming teacher. Following receipt of the Change of personal details form to the LAC/Principal and regional HR, the tenant’s circumstances will be considered and regional HR will liaise with the LAC/Principal as to whether the premises is required for an incoming eligible teacher. 

Full market rate will be applicable exactly one year from start of leave. Current market rate figures can be acquired from Housing Infrastructure, ISD. This will result in a new STA to reflect the new rent amount. Housing Infrastructure, ISD must be notified in writing by the LAC/Principal and include the updated STA. Should the tenant need to cease leasing teacher housing, the Ending a Tenancy Steps (Step 5) are to be followed.

Employees on leave are not exempt from required moves.

Length of stay

A teacher eligible for teacher housing in accordance with the Teacher housing policy may remain in allocated housing for as long as they remain eligible and continue to serve in that location.

Teachers who are provided housing in a special consideration area will be eligible to remain in allocated housing for a period of up to three (3) years, with the initial lease period generally only being for 12 months to align with the required yearly review process. Any further extension to this will be considered on a case-by-case basis, with extension not exceeding 12 months each time. The LAC/Principal in consultation with regional HR, should determine if there is still a need for the teacher to hold subsidised housing, based on eligibility reasoning provided on the application.

5. Managing a tenancy

Local Accommodation Committee/Principal manages tenancy

Start of a tenancy - See Part 3 in managing teacher housing in your location (DoE employees only) for support

• LAC/Principal to complete steps in moving-in checklist to ensure that:
  • the property is secure, safe and clean
  • the tenant has the required STA, RTA and department forms, and information such as utilities provision and body corporate rules and bylaws
  • the tenant is made aware of how to access the asbestos register for the housing and the location of the asbestos register in the housing
  • the provision of keys is recorded.
• Tenant to return STA (sole or multi tenancy) (DoE employees only), Entry condition report (general tenancies) RTA Form 1a, and EA1 - Authority to start or cease rental payment by payroll deduction (DoE employees only) to LAC/Principal as per the timeframes and instructions on forms.
• LAC/Principal to retain copies of the signed tenancy documents and any written correspondence or material where a critical decision was made concerning the tenancy, such as letters or notices issued in accordance with the records management manual (DoE employees only).
• LAC/Principal to ensure smoke alarms are installed, cleaned, tested and any flat or nearly flat batteries are replaced before the start of a tenancy.
• Some multi-tenancies and some remote sole-tenancies may be eligible for a furniture kit. LAC/Principal to contact their local RIM, ISD to see if a furniture kit is appropriate. 

During a tenancy – See Part 4 in managing teacher housing in your location (DoE employees only) for support

• LAC/Principal to manage inspections throughout the tenancy by using Entry Notice RTA Form 9. If the inspection shows non-compliance with the STA (e.g. property not kept in good condition, unapproved pets), the LAC/Principal is to communicate with the tenant the issue and work out a solution. If the matter is unresolved within the specified timeframe, the LAC/Principal will issue a Notice to remedy breach (Form 11).
• If the matter remains unresolved or if there has been repeated Notice to Remedy Breach (Form 11) issued with the same or similar nature (3 within 12 months), the LAC/Principal must contact Housing Infrastructure, ISD for assistance.  Housing Infrastructure, ISD will liaise with Regional HR to establish the possible implications on the school and seek direction on how Regional HR wish to proceed.  If supported by Regional HR, ISD may apply directly to Queensland Civil and Administrative Tribunal (QCAT) to have the agreement ended. The LAC/Principal is to also contact regional HR to discuss the situation as this may make the tenant ineligible for further teacher housing. 
• Tenants are to inform the LAC/Principal of any repairs or maintenance needed in a timely manner using the Maintenance request form. This includes any damage to suspected asbestos containing material or asbestos warning notices. Entry for maintenance (DoE employees only) requests is issued by the LAC/Principal through the Entry Notice RTA Form 9. Emergency repairs should be reported directly to the contact provided on the STA.
• LAC/Principal is to ensure all matters regarding the condition of asbestos containing material, asbestos register and asbestos warning notices are reported to the Infrastructure Services Division Maintenance and Improvement.
• LAC/Principal should ensure that repairs and maintenance reports are actioned in a reasonable timeframe.
• Tenants are to abide by the terms of the STA. Any variation to the STA will need to be applied for in writing by the tenant to the LAC/Principal, using the Change of personal details form. The LAC/Principal will act as liaison between the tenant and the property owner or regional HR.
• LAC/Principal should confirm annually that no personal circumstance of tenants has changed.
  • Send Change of personal details form to tenant to complete and return. N.B. Any change in personal circumstances that may affect the eligibility for teacher housing should be referred to regional HR for review.
  • Store the completed Change of personal details form with tenancy documents in accordance with the records management manual (DoE employees only).

Ending a tenancy - See Part 5 in managing teacher housing in your location (DoE employees only) for support.

• A tenancy can be ended by:
  • mutual agreement in writing
  • the tenant giving the LAC/Principal a Notice of intention to leave (RTA Form 13)
  • the LAC/Principal giving the tenant a Notice to leave (RTA Form 12)
  • either party applying to the Queensland Civil and Administrative Tribunal (QCAT) to issue an order to terminate the agreement.

*Appropriate notice periods will apply in accordance with the tenancy agreement. 

• LAC/Principal to complete steps in moving-out checklist and provide the following to the tenant:
  • Exit condition report (general tenancies) RTA Form 14a
  • EA1 Form- Authority to start or cease rental payment by payroll deduction (DoE employees only)
• Tenant to return keys, Exit Condition Report and EA1 form to LAC/Principal following instructions on the form.

6. Grievances and disputes

Attempts to resolve eligibility, allocation and tenancy grievances or disputes should ideally be resolved early and informally where possible with the employee/tenant and either the LAC/ Principal, supervising Principal, or regional HR. Where this does not result in satisfactory resolution, or where informal resolution is not appropriate, the teacher may pursue the matter further as outlined in the Individual employee grievance procedure.

Eligibility and allocation

For eligibility and/or allocation of teacher housing grievances or in the event of a dispute to a decision made, regarding teacher housing, the teacher is to submit a Grievance submission form to the LAC/Principal as soon as reasonably possible. If that matter is unable to be resolved at a local level, the matter can be escalated to regional HR. Refer to Stage 1 in the Individual employee grievance procedure for considerations and timeframes.

If an employee is dissatisfied with a decision made at the local action stage, the employee may request an internal review (refer to Stage 2 in the Individual employee grievance procedure).

All communications and decisions should be stored in the department’s record management system.

Tenancy

For tenancy disputes, Housing Infrastructure, ISD can provide advisory support to the LAC/Principal relating to compliance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Tenancy disputes that cannot be resolved at a local level can be referred to the RTA.

Other

The THC conducts an annual review of the Employee housing rent subsidy procedural policy statement (DoE employees only). Issues relating to the subsidisation rate, Teacher housing policy, and Teacher housing procedure should be referred to the THC to be considered on the next review.

Definitions

Legislation

• Anti-Discrimination Act 1991 (Qld)
• Attraction and retention incentives (Directive 7/14)
• Education (General Provisions) Act 2006 (Qld)
• Human Rights Act 2019 (Qld)
• Information Privacy Act 2009 (Qld)
• Property Law Act 1974 (Qld)
• Public Sector Act 2022 (Qld)
• Public Sector Ethics Act 1994 (Qld)
• Queensland Civil and Administrative Tribunal Act 2009 (Qld)
• Residential Tenancies and Rooming Accommodation Act 2008 (Qld)
• Right to Information Act 2009 (Qld)
• Teaching in State Education Award – State 2016
• Transfer and appointment expenses (Directive 11/11)
• Work Health and Safety Act 2011 (Qld)

Delegations/Authorisations

• Nil

Other resources

• Managing teacher housing in your location (DoE employees only)
• Maintenance management framework
• Recruitment and selection policy
• Teacher workforce mobility (DoE employees only)
• Individual employee grievances policy
• Debt management procedure
• Individual employee grievances procedure
• Recognition of Rural and Remote Services (RoRRS)
• Government employee housing (DoE employees only)
• Residential Tenancies Authority
• Teacher housing (DoE employees only)
• Employee housing rent subsidy procedural policy statement (DoE employees only)
• Records management manual (DoE employees only)
• Relocation entitlements (appointments and transfers) (DoE employees only)
• Starting a tenancy (DoE employees only)
• Managing a tenancy (DoE employees only)
• Ending a tenancy (DoE employees only)

Forms

• State Tenancy Agreement (Sole Occupancy or Multi Occupant) (DoE employees only)
• EA1 - Authority to start or cease rental payment by payroll deduction (DoE employees only)
• Entry condition report (general tenancies) RTA Form 1a
• Entry notice RTA Form 9
• Maintenance request forms for department owned housing (DoE employees only)
• Notice to leave RTA Form 12
• Notice of intention to leave RTA Form 13
• Exit condition report (general tenancies) RTA Form 14a
• Submission for new or replacement housing (DoE employees only)

Superseded versions

Previous seven years shown. Minor version updates not included.

1.0 Teacher housing