Page 1722 - Week 06 - Thursday, 13 August 1992

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ATTORNEY GENERAL

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO 100

Laws Binding the Crown

Mr Cornwell - asked the Attorney General -

In relation to the provisions concerning eviction set out in the Landlord and Tenant Act 1949 which do not apply to the Crown in its capacity as landlord -

(1) Does the Government intend to rectify this matter so the tenants with the Crown as their landlord have the same protection as tenants of other landlords; if so, when.

(2) What other Acts do not bind the Crown.

(3) Does the Government have a policy to amend these Acts so that the Crown and the general public are on equal footing:

(4) Are there any Acts which currently preclude the Crown which the Government does not intend to amend and; if there are, why not."

Mr Connolly - the answer to the Members question is as follows:

(1) This Government is mindful of the disparity between legislation applying to tenants of private and public housing. For this reason, the rights of tenants of Government housing is one of the major issues for consideration by the ACT Community Law Reform Committee within the terms of reference which require it to consider all facets of residential tenancy law reform.

All members have recently received a copy of a discussion paper on residential tenancy law produced by the Committee for public comment. The Committee will conclude its report on issues concerning residential tenancy law later this year following the current phase of consultation with the community. The Committee will then pursue a further phase of consultation on issues specific to public housing and prepare a second report on whether the same legislation should apply to both public and private rental accommodation. Preparation of this second report will commence in October this year.

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