Policies, Terms and Conditions
Nightingale Housing (Nightingale) respects your right to privacy and treats all Personal Information (as defined below) provided to us with integrity and trust. Integrity and trust form part of our values, which strongly guide the way we run our organisation. This policy outlines our ongoing obligations to you in respect of how we manage the Personal Information you provide to us.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.
What is Personal Information and why do we collect it?
Personal Information is defined in the Privacy Act as information or an opinion that identifies an individual (Personal Information). Examples of Personal Information we collect include: names, addresses, email addresses, phone and home ownership information and preferences.
Personal Information is obtained via our website nightingalehousing.org, when you complete out one of our surveys registering your interest as a prospective Purchaser, Landowner, Architect or Investor.
We collect your Personal Information for the purpose of providing our services, which is to support, promote, advocate for and create designer led multi-residential housing developments that respond to home-owner needs, and provide high quality housing that is ecologically, socially and financially sustainable.
If you are a prospective Purchaser, we may use your Personal Information to:
update our purchaser list (Nightingale uses a purchaser list to, among other things, monitor interest in our projects and assist licenced architects in identifying potential interested buyers in their Nightingale project);
assist us in planning Nightingale projects (for example, we may use your information to determine where we acquire project sites, the residential mix of our projects and various design elements of the project); and
provide to our licensed architects (see below for more information).
If you are a prospective Landowner, we may use your Personal Information to assess the feasibility of your land for the purposes of creating a Nightingale project.
If you are a prospective Investor, we may use your Personal Information to assist in considering our financing arrangements for potential Nightingale projects.
At any time, you may unsubscribe from our mailing lists, or ask to be removed from the purchaser, investor or landowner lists, by contacting us in writing via our details below.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about things such as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
for the primary purpose for which it was obtained;
for a secondary purpose that is directly related to the primary purpose; and
with your consent; or where required or authorised by law.
Disclosure of Personal Information
As mentioned above, in limited circumstances we may disclose your Personal Information to our trusted third party project partners.
Our organisation acts as a facilitator and catalyst for the development of designer-led sustainable housing. Because of this, our model and operations involve disclosing information, such as the number of purchasers interested in a particular Nightingale project, to trusted third party project partners, such as our licensed architects. This ensures that all Nightingale projects respond to community demand and contribution.
Where possible, we ensure that all data disclosed to third parties is de-identified.
In addition to the above, your Personal Information may also be disclosed:
if our disclosure falls outside of the circumstances outlined above, and you consent to the use or disclosure of your Personal Information; and
where Nightingale is required or authorised by law to disclose your Personal Information.
We do not foresee the need to disclose your Personal Information to overseas recipients. If this needs arises we will obtain your consent prior to disclosing your Personal Information.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Nightingale will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we will require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
6 Florence Street
Brunswick VIC 3056
Priority Ballot Policy
Why do we do it?
To assist in creating environmental, social and financial sustainability, and importantly equity, within our communities, Nightingale Housing is committed to providing quality housing for individuals who provide key services or contributions to our communities. We are also committed in assisting minority members of society to gain access to social participation and secure housing.
Each Nightingale project allocates, through a Priority Ballot system, up to 20% of homes to Key Community Contributors, carers of, or individuals with, a disability and Indigenous Australians or Torres Strait Islanders.
Entry in the priority ballot is open to all persons over the age of 18 who meet the respective priority criteria as defined within this document. Those unsuccessful in the priority ballot will be included in the project’s standard ballot.
This policy has been created for and by Nightingale Housing with the intention of creating a broad and transparent practice of inclusion in the housing sector. Individuals wishing to be included in the priority ballot will be required to provide documentation substantiating their eligibility for priority balloting along with their ballot form. Please see details below for the required documents for each group.
Key Community Contributors
Key community contributors are people whose occupations are considered essential to the functioning of cities, but who are typically on fixed, low to moderate or casualised wages. Nightingale housing recognises that a broad range of low-paid occupations are important for a city’s function, its humanity and economic sustainability.
Nightingale Housing Key Community Contributors Criteria
- The individual (or at least one individual in a household) must currently fulfil a Key Contributor occupation; and
- the individual (or in a household of more than one individual, the household) must not earn more than the maximum income as set out below.
Key Community Contributor Occupations
We understand key community contributors to be individuals who perform a function that is vital in the delivery of an important skill or service to our society. We’ve identified Key Community Contributors as individuals fulfilling the following occupations, or working in the following industries:
- police officers
- teachers and early childhood carers
- ambulance officers
- social workers and case workers supporting vulnerable minority groups*
- counsellors and psychologists supporting vulnerable minority groups*
- doctors (and other medical professions)
- individuals supporting vulnerable minority groups*
- individuals that work in, or support, the arts and culture industry
*including asylum seekers and domestic violence victims, vulnerable youths, people experiencing homelessness, people living with disabilities, Aboriginal & Torres Strait Islander individuals
Please note, individuals must be employed as a Key Community Contributor at the time of balloting.
Key Community Contributor Income Assessment
Additionally, we understand that some individuals fulfilling the above occupations (or working in the above industries) will not require our assistance with housing as their role affords them a sufficient salary. As such, the Nightingale Key Community Contributor definition also includes a means-tested requirement. To be eligible under the Nightingale Key Community Contributor definition, your earnings must not exceed the following maximum income limits:
for individuals, your gross “assessable income” and “exempt income”, as defined in the Income Tax Assessment Act 1997 (Cth), must not exceed $120,000 per annum; or
for households with two or more individuals (one of which must fulfil a key service occupation), your combined household gross “assessable income” and ‘exempt income’, as defined in the Income Tax Assessment Act 1997 (Cth), must not exceed $170,000 per annum.
We have considered the following in determining these income limits:
We believe that an individual's ability to service a loan for an average apartment in the local area of the Nightingale project is the most appropriate indicator to determine whether an individual can purchase a home in said locale; and therefore, whether they require assistance via the priority ballot.
The median price for an apartment in the suburb that Nightingale Village will be constructed in, Brunswick, is $480,000. Base on the figures below*, Individuals or households that earn over the income thresholds defined above, will contribute 30% or less of their income towards mortgage repayments and, as such, will experience both reduced mortgage stress and need for assistance.
*4.00% interest rate on a 30-year home loan, for a $480,000 apartment and includes other purchaser fees such as legal costs, etc.
Please note, individuals and households that do not meet the means-testing criteria are not eligible for priority balloting but are encouraged to participate in the standard balloting process.
Your eligibility to partake in the priority ballot as a Key Community Contributor will be assessed via the following process:
- Individuals or Households must read and understand the Nightingale Key Community Contributor definition and assessment criteria. If you believe that you are eligible, please select the corresponding box in Part 3 Priority Ballot on your ballot form.
- As part of submitting your ballot form you agree to provide documentation proving your eligibility as a Key Community Contributor (see point 3).
You will need to provide the following documentation with your ballot form when balloting:
- A letter from your employer confirming your employment;
- Where relevant, registration, qualification or identification as evidence of your occupation (i.e. teacher registration documentation);
- Previous year’s tax return statement as evidence that you satisfy the means-test; (or your last 3 pay slips as evidence that you satisfy the means test)
- A statutory declaration declaring that you fall within the Nightingale Key Community Contributor definition (you should understand the legal implications of providing a false statutory declaration prior to signing this statutory declaration).
Nightingale Housing recognises that Carers form an integral part of our community and health support systems. We want to assist those wishing to care for loved ones endeavouring to live together or independently in any given Nightingale building. To this end we will, wherever possible, accommodate proximity between carers and the persons they are caring for.
Carers are people who provide unpaid care and support to family members and friends who have a permanent and significant disability, mental illness, chronic condition, terminal illness, or who are frail aged. Caring provides help and support in any of the daily activities of the person being cared for, and may include physical and personal care, assistance such as dressing, lifting, showering, feeding or providing transport. Carers provide emotional, social and/or financial support.
Nightingale Housing Carers Assessment Criteria
- Individuals must be the primary carer for a dependant or semi dependent individual with a permeant and significant disability, mental illness, chronic condition, terminal illness, or who are frail aged.
The individual under the carer’s care for must not live outside the building. That is, Carers must provide primary care for and live with the person under their care either:
- In the same apartment within the same building
- Separate apartments within the same building
If a person with a disability requires a carer in a separate apartment and is successfully drawn in the priority ballot, we will then, to the best of our ability, allocate an apartment to their Carer also and vice versa. Carers must be caring for individuals with a disability at the time of balloting and intend to do so on an on-going basis.
Carers Verification Process
Your eligibility to partake in the priority ballot as a Carer will be assessed via the process:
- Individuals or Households must read and understand the Nightingale Carer definition and assessment criterion. If you believe that you are eligible, please select the corresponding box in Part 3 Priority Ballot on your ballot form.
- As part of submitting your ballot form you agree to also provide documentation proving your eligibility as a Carer (see point 3). You agree that if you are unable to verify your eligibility and provide documentation you will forfeit your right to purchase your Nightingale home if you were to be successful under the priority ballot.
You will need to provide the following documentation with your ballot form when balloting:
- A letter or report from your dependant or semi-dependant’s doctor or specialist documenting their disability or diagnosis and the permanent nature of their disability;
- A Carers Statement detailing how the caring role affects you: Whether you are able and willing to keep caring for the person with disability in the same way into the future
- what the impact of your caring role has on your own personal needs and goals, (for example - work; study; travel; social, cultural or religious engagement activities) and;
- A statutory declaration declaring that you are eligible for the Nightingale Priority Ballot as a Carer (you should understand the legal implications of providing a false statutory declaration prior to signing this statutory declaration)
If you are a carer applying for the Priority Ballot, please include the full name and details of the individual you care for, or will be, caring for, on their ballot form.
Individuals with a disability
Nightingale Housing aspires to facilitate the creation of inclusive communities through the provision of housing that caters to all levels of accessibility. We recognise the importance of caring for those in need and providing an environment of connection and belonging.
Nightingale Housing Disability Assessment Criteria
Individuals eligible for the priority ballot will experience a permanent disability, mental illness, chronic condition, terminal illness, or frail age which:
- affects their ability to participate effectively in activities, or perform tasks or actions, unless you have support; and
- affects their capacity for social and economic participation; and
- means they are likely to require ongoing support; and
- reduces their ability to achieve secure housing or home ownership.
- Individuals or households must read and understand the Nightingale Disability definition and assessment criteria. If you believe that you are eligible, please select the corresponding box in Part 3 Priority Ballot on your ballot form.
- As part of submitting your ballot form you agree to also provide documentation proving your eligibility as an Individual with a disability (see point 3). You agree that if you are unable to verify your eligibility and provide documentation you will forfeit your right to purchase your balloted Nightingale home.
- You will need to provide the following documentation with your ballot form when balloting:
- a letter or report from your doctor or specialist documenting your disability or diagnosis and the permanent nature of this. This may be supported by:
- assessments by doctors or therapists
- a diagnostic test or tests
- previous plans such as a Client Support Plan (CSP), Health Support Plan (HSP) or Behaviour Support Plan (BSP), and/or
- service agreements with disability support agencies.
- A statutory declaration declaring that you are eligible for the Nightingale Priority Ballot as an Individual with a disability (you should understand the legal implications of providing a false statutory declaration prior to signing this statutory declaration)
If you are an individual with a disability applying for the Priority Ballot with a Carer, please include the full name and details of your Carer on your ballot form.
Indigenous Australians and Torres Strait Islanders
At Nightingale Housing it is important for us to demonstrate in practical and tangible ways our acknowledgement of the traditional custodians and owners of the land on which we build and meet.
One way we try do to this is by providing priority balloting to Indigenous Australian and Torres Strait Islander peoples.
If you are eligible, please select the corresponding box in Part 3 Priority Ballot on your ballot form.
Existing Nightingale Housing residents
Nightingale Housing acknowledges the contribution to community and culture provided by existing community members. With previous experience in a Nightingale building, existing residents have the ability to bring a level of knowledge and understanding of the Nightingale Model to new Nightingale communities. We expect existing residents wishing to move to new Nightingale buildings to share in their wealth of Nightingale experience, to act as advocates or instigators in creating meaningful community, and to assist in ensuring the ongoing integrity of Nightingale communities.
It is acknowledged that existing Nightingale residents wishing to transfer to other Nightingale Buildings are freeing up their initial apartment for others in the Nightingale purchaser community. We'd like to incentivise existing Nightingale residents to work with us to secure affordability and as such, these residents will be offered the opportunity to participate in the priority ballot
Individuals or households eligible for the priority ballot as existing Nightingale residents will satisfy the following criteria:
- residents must currently reside in a Nightingale Housing building, and;
- residents must agree to all resale obligations, as outlined in the restrictive caveat, for both existing and new apartments.
The following process outlines Nightingale Housing’s assessment of your eligibility to enter the priority ballot as an existing resident. The verification process is as follows:
- Individuals or households must read and understand the Nightingale Housing existing resident definition and assessment criterion. If you believe that you are eligible, please select the corresponding box in Part 3 Priority Ballot on your ballot form.
- As part of submitting your ballot form you agree to also provide documentation proving your identification as an existing resident (see point 3). You agree that if you are unable to verify your eligibility and provide documentation you will forfeit your right to purchase your balloted Nightingale home.
You will need to provide the following documentation with your ballot form when balloting:
- A statutory declaration declaring that you are eligible for the Nightingale Priority Ballot as an existing resident (you should understand the legal implications of providing a false statutory declaration prior to signing this statutory declaration).
Ballot General Terms & Conditions
Entry into a Nightingale Ballot
The Ballot is operated by Nightingale Housing Pty Ltd ACN 609 876 879. We collect and use personal information about you to engage with you in relation to the Ballot. We may also use your personal information for related purposes including to request your feedback on the products and services provided by us.
Wherever possible we will collect personal information directly from you including information that you directly supply when submitting your Ballot Form. Such information collected includes your name, phone number, email address, street address and points of identification as evidence of your eligibility to enter into the Ballot. If you do not provide all the personal information requested, you will not be eligible to enter into the Ballot.
Each Nightingale project ("Development") has its own dedicated Nightingale Ballot ("Ballot"). Ballots are subject to the following terms and conditions:
Ballots are conducted by Nightingale Housing Pty Ltd
Terms and Conditions of entry
By completing and submitting the Ballot Form for a Development by the deadline stated on that Ballot Form, the entrant accepts these Terms and Conditions of entry.
Who can enter?
Entry to the Ballot is open to all persons over the age of 18 who registered their interest in that Development. Eligible Entrants who also meet any of the following criteria ("Priority Criteria") will be eligible for the Priority Allocation (as defined in Nightingale Housing Priority Ballot Policy). Employees of Nightingale are not eligible to apply for Priority Balloting. Any Eligible Entrant who, in the opinion of Nightingale, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process will be ineligible to be allocated an apartment.
The Ballot is governed by the laws of the state of Victoria, Australia.
How to enter
Entrants must complete an entry using the Ballot Form made available from the Development’s website. Entrants must number each apartment in order of their preference to receive an offer to reserve an apartment at the Development ("Offer"). Ballot forms may be returned to Nightingale by email to the address supplied in the Development’s Resident Package using the email subject supplied. Nightingale will not accept any applications that are illegible and/or incomplete ("Incorrect Ballot") and Nightingale accepts no liability for failure to successfully process an Incorrect Ballot. Entries are limited to one per person ("Individual") or one per household.
Dates of Ballot
Please refer to the Development’s Resident Package for the Ballot Open, Ballot Close and Offer Draw Date. All times will be in Australian Eastern Standard Time.
Up to 10% of apartments will be preallocated to the project team. Up to 20% of apartments will be pre-allocated to Community Housing Providers ("CHP"). All residents allocated via a CHP stream will have access to support services and will be Nightingale Housing values aligned.
The Offer consists of an opportunity to reserve the right to enter into a contract of sale for 1 (one) apartments at the Development. Each Offer will be eligible to reserve the right in respect of the Entrant’s highest preference for an apartment that has not been subject to an earlier Offer. The Offer is non-transferable, non-exchangeable and not redeemable for cash.
The Offer will be drawn in 2 (two) separate draws: The first draw ("Priority Allocation") will be drawn first from the pool of Priority Entrants to allocate up to 20% of the apartments in the Development. The second draw will be an open draw and drawn after either all Priority Entrants have been allocated an apartment or the Priority Allocation has been exhausted. Once exhausted, all Eligible Entrants (including any remaining Priority Entrants) will go into a draw for an Offer on the remaining available apartments. All entries have a random and equal chance of being drawn for an Offer. The Draw will take place at 9 am AEST on the Offer Draw Date at 6 Florence St, Brunswick Melbourne VIC 3056.
Contacting successful entrants
Successful Entrants will be notified by phone on the Offer Draw Date. Further instructions will be sent to successful Entrant via email to arrange the reservation of an apartment at the Development. The successful Entrant has 5 (five) business days from the Offer Draw Date to accept The Offer, sign and return the balloting commitment fee agreement and process payment of the balloting commitment fee to the nominated Trust account, rendering the apartment reserved. Failure to reserve an apartment in time means the successful Entrant will be deemed to have forfeited The Offer and Nightingale Housing may give the opportunity to reserve an apartment at the Development to another party at Nightingale Housing’s discretion.
How to reserve an apartment
Apartments at the Development can only be reserved by entering into a commitment agreement with Nightingale Housing Pty Ltd ACN 609 876 879 and paying a balloting commitment fee of AUD $10,000.00 to be held in Trust. Commitment agreements will be made available upon request or at the time you have arranged to reserve an apartment. Priority Entrants are required to demonstrate and provide evidence on how they meet the Priority Criteria, as stipulated in the Nightingale Housing priority ballot policy. This evidence must be attached to the Entrant’s ballot form.
Nightingale’s rights reserved
Nightingale reserves the right to exercise its absolute discretion in excluding entries.
Nightingale accepts no responsibility for any tax liabilities that may arise from an Eligible Entrant being allocated an Offer. To the extent permitted by law, Nightingale shall not be liable for any loss or damage whatsoever (including but not limited to direct, indirect, special or consequential loss or damage, loss revenue or profit) or personal injury suffered or sustained in connection with the Ballot or accepting an Offer. If, for any reason whatsoever, the Ballot is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of Nightingale which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Ballot, Nightingale reserves its right in its sole discretion to take any action that may be available, subject to State and Territory regulations.
If you have any queries, comments or complaints in relation to any of the above policies, terms or conditions please contact us at:
6 Florence Street,
Brunswick VIC 3056
or email us at: