Page 2360 - Week 07 - Thursday, 4 August 2016
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The purpose of this bill is to give effect to a number of recommendations arising out of a review of the Residential Tenancies Act 1997. This bill makes some amendments that are intended to make it easier for a tenant who is impacted by domestic violence to change their tenancy arrangements in certain circumstances, amongst other changes. The Canberra Liberals are supportive overall of this bill, although I will talk a little about some of the issues that some stakeholders have raised with me.
The review of the Residential Tenancies Act 1997 was announced in July 2014. The Attorney-General presented the review of the act in the Assembly on 8 June this year. Stakeholders have told me that, after nearly two years, the bill covers some general non-controversial clauses in some ways and does not go far enough to address the big issues. For example, occupancy rights is something that has been raised with me by a number of stakeholders. As I understand it, the implementation of the review will be split into two tranches, and the bill includes the first tranche of reforms. Hopefully we will see the second tranche of reforms before too long.
Stakeholders have given me the following feedback. In relation to the government’s consultation during the review of the act, I have been told that after 18 months of deliberations, stakeholders, including in the community sector, were given only 13 working days to submit feedback on the draft amendments. This was really difficult for key stakeholders. It is something that we have spoken about in this place on many occasions: about the need to provide the community sector with an adequate period for review.
I have already mentioned that the bill does not address occupancy rights. The new domestic and family violence vacate premises provisions are an improvement. Some stakeholders wanted to see the act amended to provide for separate clauses for leases in group homes to enable dangerous or disruptive tenants to be removed. That is just a small snippet of the feedback that I have received from a number of stakeholders.
The bill contains some amendments that are intended to make it easier for a tenant who is impacted by domestic violence to change their living arrangements. In particular, a protected person will be able to apply to the ACT administrative tribunal for orders varying their tenancy arrangements in certain circumstances. We are very supportive of this, that people experiencing domestic violence get the assistance that they need, legislative or otherwise.
Under proposed new section 85A, a protected person may apply to the ACAT for either of the two following orders: an order terminating the existing residential tenancy agreement, or an order (i) terminating the existing residential tenancy agreement and (ii) requiring the lessor of the premises to enter into a residential tenancy agreement with the protected person and any other person mentioned in the application.
The bill includes a new optional break lease clause that a lessor and tenant may agree to include in the residential tenancy agreement. I have spoken with Minister Corbell’s office to confirm that, in relation to the break lease clause, if ACAT terminates a tenancy agreement under the new domestic violence provisions, the break lease
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