Thursday, October 15, 2015

Antisocial Behaviour Bill passes Legislative Council

The Government's Residential Tenancies and Housing Legislation Amendment (Public Housing - Antisocial Behaviour) Bill 2015 has now passed through the Legislative Council. A motion to refer the Bill for further inquiry did not succeed.

Further amendments, proposed by the Christian Democratic Party, were agreed to before the Bill was passed. These amendments will ensure the Tribunal retains some of its discretion in matters concerning "one strike evictions".

Essentially, the amendments are a combination of proposals put by Government and the Opposition - the Tribunal's discretion will not be removed in cases where injury or damage is caused by a person other than the tenant; or where termination may cause undue hardship to a child, a person in whose favour an apprehended violence order may be made, or a person with disability.

It's not much, but it's something... Rather than have its hands tied, the Tribunal might find a way to wriggle out of causing injustice, when social housing landlords try to end tenancies without full knowledge or consideration of the facts.

Otherwise, the Bill remains as proposed by Government. For more details, including the Hansard record, see here. It now returns to the Legislative Assembly for concurrence, then to be made into law.

1 comment:

  1. WE will need to keep good records of the use/abuse of these provisions within this bad law and any discretionary determinations made by Members. Still find it hard to believe that such an intolerable and unjust divide has been established in law between private and public tenants.


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