Page 1115 - Week 04 - Thursday, 21 May 2020

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I now address the occupancy prohibition provisions introduced in the bill. The intent of these provisions is to prevent a new generation of residents being exposed to the risks associated with living in affected premises. Firstly, it is important to note that the provisions do not require existing residents to vacate their home. The occupancy prohibition comes into play only when an affected property is sold or transferred or when a current rental arrangement is complete.

Upon the transfer or transmission of the title of an affected property, only approved occupants will be able to reside at the property. An approved occupant is a resident who has occupied the premises continually since it was added to the affected residential premises register or a person who is approved by the portfolio minister to occupy the premises to provide support to a resident.

The bill also requires that the owner of an affected residential premise must notify WorkSafe ACT about any approved occupants. Information regarding the occupancy prohibition will be recorded by the affected residential premises register to allow WorkSafe ACT to monitor compliance. This information will not be made public.

To ensure a prospective purchaser of an affected property is aware of the effect of the occupancy prohibition provisions, an administrative interest will be placed on the title of all properties remaining on the register as of 1 July 2020. This interest will be a flag to conveyancers, solicitors and prospective buyers that the property may not be allowed to be occupied. The bill also introduces an occupancy prohibition for rented properties. Any residential tenancy agreement, occupancy agreement, assignment or sublet for a premise on the register that is entered into on or after 1 July 2020 is deemed void under the changes proposed.

I conclude by briefly speaking about the two other government initiatives not part of this bill that are being implemented to support the goal of eradicating loose-fill asbestos-affected properties from Canberra’s suburbs. Transition assistance is a program that will support home owners with complex health and financial circumstances to implement a transition to new living arrangements over a period of six months prior to surrendering their property to the territory. During this period owners will have access to some of the equity in their homes. These funds will allow them to pay expenses related to moving to new living arrangements and will support establishing new care arrangements at their future home.

Whether through the loose-fill asbestos installation eradication scheme or private arrangement, it is hoped that in the very near future all Mr Fluffy-affected properties will be removed from the ACT residential community. While not the preferred option, the government acknowledges that, should that not occur, it may need to take compulsory acquisition action in mid-2025. Any action taken will be timed on a case-by-case basis, taking into consideration the specific circumstances of each remaining home owner or resident.

To ensure that prospective purchasers of all affected premises are fully informed of the possibility of compulsory acquisition in 2025, an administrative interest will be placed on the title of each property remaining on the register as of 1 July 2020. This


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