Hi David,
SGCH is without question a CHP but as they are claiming exemption as a PBI the issue is are they using each and every parcel for the purposes of the PBI.
Council’s should be performing due diligence checks to make sure this is the case and to lessen the burden a number of councils are working together to minimize the cost on our communities in obtaining legal advice.
Recently we did this and were advised to take certain steps which identified some options not covered in the Community Housing v Clarence case. This advice was made available to the three councils who sought the advice in a collective, costs were shared three ways.
LGNSW have volunteered to be the coordinator in seeking similar advice for SGCH.
I hope this is helpful.
Regards,
Andrew
