Residential Tenancies Amendment
(Public Housing) Bill 2004

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Residential Tenancies Act 1987 (the
Principal Act) to make provision for the following:

(a) to enable the New South Wales Land and Housing Corporation (the
Corporation) to declare that a public housing tenancy agreement is subject
to a specified fixed term,

(b) to enable the Corporation to request a public housing tenant to give an
undertaking not to engage in anti-social behaviour (referred to as an
acceptable behaviour agreement),

(c) to provide for the termination of the tenant’s public housing tenancy
agreement if the tenant refuses to enter into, or seriously or persistently
breaches, an acceptable behaviour agreement,

(d) to provide for the termination of a public housing tenancy agreement if the
tenant severely or persistently threatens or abuses, or intimidates or
harasses, any member of staff of the Department of Housing.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the
Principal Act set out in Schedule 1.

Schedule 1 Amendments
Schedule 1 [1] inserts definitions of certain expressions for the purposes of the
proposed amendments to the Principal Act.

Schedule 1 [2] inserts proposed section 14A into the Principal Act. The
proposed section enables the Corporation to declare, by notice given to a tenant
under a public housing tenancy agreement, that the agreement is subject to a
fixed term from a date specified in the notice.

Schedule 1 [3] inserts proposed section 35A into the Principal Act. The
proposed section enables the Corporation to request a public housing tenant to
enter into an acceptable behaviour agreement under which the tenant undertakes
not to engage in specified anti-social behaviour. The operation of any such
undertaking extends to the behaviour of other lawful occupiers of the premises
to which the applicable public housing tenancy agreement relates.

If the tenant fails or refuses to enter into an acceptable behaviour agreement, the
Corporation may give notice of the termination of the tenancy agreement (under
proposed section 57A as inserted by Schedule 1 [4]) and the Consumer, Trader
and Tenancy Tribunal (the Tribunal) may terminate that agreement (under
proposed section 64 (2A) as inserted by Schedule 1 [5]).

If the tenant enters into an acceptable behaviour agreement, the Corporation may
give notice, under proposed section 57A, of the termination of the tenancy
agreement on the grounds that a serious or persistent breach of the acceptable
behaviour agreement has occurred and the Tribunal, under proposed section 64
(2A), may terminate the tenancy agreement if the tenant fails to satisfy the
Tribunal that this ground has not been established.

Schedule 1 [6] makes an amendment to section 64 (4) to require the Tribunal, in
considering the circumstances of a case that involves a public housing tenancy
agreement, to have regard to the history of any prior tenancy of the tenant under
any such agreement if that history is relevant.

Schedule 1 [8] inserts proposed section 68A into the Principal Act, which
enables the Tribunal to terminate a public housing tenancy agreement if a tenant
severely or persistently threatens or abuses, or intimidates or harasses, any
member of staff of the Department of Housing. Such conduct may involve
making repeated telephone calls that cause intimidation or harassment.

Schedule 1 [7] provides for an amendment that is consequential on the
amendment made by Schedule 1 [8].

Schedule 1 [9] enables the making of regulations of a savings and transitional
nature as a consequence of the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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