Page 214 - Week 01 - Thursday, 13 February 2020
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resolution processes. This must include information about how an occupant can access internal dispute processes, a community dispute resolution provider, the ACT Civil and Administrative Tribunal, and the ACT Human Rights Commission. This step, which increases the information available to an occupant when seeking to enforce their rights, is a simple example of how Canberra is progressing towards being a restorative city.
Building on this new principle, the bill proposes to provide occupants with access to an enforceable conciliation process facilitated by the ACT Human Rights Commission. Occupants are currently able to make a complaint to the ACT Human Rights Commission but only where their complaint matches a ground listed in section 41 of the Human Rights Commission Act 2005. It is proposed to streamline this process by allowing all occupants to access the non-adversarial dispute resolution framework of the ACT Human Rights Commission. This provides greater clarity and expands the available options to seek the enforcement of their rights and to resolve disputes.
The sector has welcomed the new requirement for grantors to lodge security deposits with the office for rental bonds. This was a proposal that was championed by both occupants and grantors: occupants wanted greater assurance that their security deposits would be returned to them, and grantors wanted an independent third party to hold security deposits to mitigate risks associated with disputes. We have created an exemption for education providers, as the interest generated on the security deposits funds student services. This again demonstrates that these reforms are not a blunt disruption imposed from above but are instead tailored to Canberra’s unique accommodation landscape, based on collaboration with the sector.
Thirdly, the bill proposes amendments to the complex legal framework applicable to people who reside in caravan and manufactured home parks. The bill proposes a new framework that provides greater clarity and certainty when a resident seeks to sell the dwelling they own while it is erected within a residential park. It also clarifies the process involved in the disposal of moveable dwellings and their contents when they have been abandoned, amending the Uncollected Goods Act 1996 to provide park operators with a more efficient means to manage the removal of abandoned dwellings without exposing occupants to undue risks. Additionally, the bill proposes amendments that will clarify the process to be followed when a person who owns their dwelling on a site in a residential park wants to assign their interests in an occupancy agreement to another person.
Finally, turning to the amendments relating to share housing, the bill contains a new framework to modernise the operation of share housing in the ACT. Canberrans deserve residential tenancy law that reflects the modern realities of living. Share housing is an extremely common form of tenancy in the ACT, including being utilised by students and young professionals. The law governing share housing is currently a complex mix of property and contract law. The bill proposes a model that is simpler, modern and better reflects community behaviours and expectations.
Most other Australian jurisdictions have already developed modern legislative frameworks to facilitate share housing. These reforms will ensure that a tenancy
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