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Residential Tenancies and Rooming Accommodation Amendment Bill 2014
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Residential Tenancies and Rooming
Accommodation Amendment Bill 2011
Explanatory Notes
Title of the Bill
The short title of the Bill is the Residential Tenancies and Rooming Accommodation
Amendment Bill 2014 (the Bill).
Objectives of the Bill
The Bill will amend the Residential Tenancies and Rooming Accommodation Act
2008 to make provision for statutory minimum standards for rental accommodation
and rooming accommodation in Queensland. This will allow the Minister to prescribe
minimum standards for private rental accommodation, both standard housing and
rooming accommodation, by regulation, in relation to matters including, for example,
the following--
(a) sanitation, drainage, cleanliness and repair of premises;
(b) ventilation and insulation;
(c) protection from damp and its effects;
(d) construction, condition, structures, safety and situation of premises;
(e) the dimensions, cubical extent and height of rooms in the premises;
(f) privacy and security;
(g) provision of water supply, storage and sanitary facilities;
(h) laundry and cooking facilities;
(i) lighting;
(j) freedom from vermin infestation; and
(k) energy efficiency.
The Bill also makes provision for the settlement of disputes arising between lessors
and tenants arising from these minimum standards.
Reasons for the Bill
Access to stable, adequate shelter plays a major role in the health and wellbeing of
families, and in particular children, by providing a safe environment, and the security
that allows participation in the social, educational, economic, and community aspects
of their lives. Housing issues that impact on health can include such things as
structural integrity, weatherproofing, lighting, ventilation, cleanliness and hygiene,
security, sanitation facilities and cooking facilities.
By imposing minimum housing standards for private rental accommodation,
Governments can ensure that, even at the lowest end of the rental market where
renters are the most vulnerable, standards are enforceable to provide healthy and
safe place for all Queenslanders to live.
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Residential Tenancies and Rooming Accommodation Amendment Bill 2014
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Achievement of the objectives
The objectives are achieved by making provision for the Minister to make regulations
setting minimum housing standards for residential accommodation in Queensland.
The Bill further sets out a mechanism for resolving disputes that may arise between
lessors and tenants in relation to these standards.
Alternatives to the Bill
There is no alternative method of achieving the objectives other than by legislative
amendment.
Estimated Cost for Government Implementation
The costs associated with implementation of the Bill will be met from the Rental
Bond Interest Account, which already meets the cost of performing the functions of
the Rental Tenancies Authority under the Act, as well as facilitating the resolution of
disputes about agreements by tribunals.
Consistency with Fundamental Legislative Principles
The Bill is generally consistent with fundamental legislative principles. Potential
breaches of fundamental legislative principles are addressed below.
Legislation should make rights and liberties, or obligations, dependent on
administrative power only if subject to appropriate review - Legislative
Standards Act 1992, section 4(3)(a)
The proposed amendments allow the Minister to prescribe standards by regulation.
These may be considered to be a type of `Henry VIII clause'. A Henry VIII clause is a
clause of an Act of Parliament which enables the Act to be expressly or impliedly
amended by subordinate legislation or executive action (Scrutiny of Legislation
Committee 1997, The use of "Henry VIII clauses" in Queensland Legislation, para
5.7). Under the LSA, section 4(4)(c), a Bill should only authorise the amendment of
an Act by another Act.
The proposed amendment is justified because the provisions in the Act will set out
the parameters for the types of matters that can be prescribed by regulation. The
regulations will then specify the exact details of the standards that will apply.
Allowing the specific matters to be determined by regulation provides greater
flexibility and allows the Government to respond more effectively to issues that may
arise, particularly for vulnerable tenants. Further, the regulations will be of a detailed
and possibly technical nature, and more appropriately dealt with by regulation. It is
considered that the use of the regulation-making power is justified in the
circumstances.
The actual matters for which regulations can be made will still require amendment of
the legislation, thereby providing an opportunity for scrutiny by the Parliament.
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Residential Tenancies and Rooming Accommodation Amendment Bill 2014
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Transitional regulation-making power
The Bill confers the power to make transitional regulations to allow for the transition
from the operation of the Act as it currently operates to the Act as amendmended by
this Bill, including any regulations made thereunder. Any transitional regulations
made under the section, as well as the section itself, will expire after one year.
Consultation
Consultation has taken place with the Tenants' Union of Queensland. Further
consultation will take place with tenancy groups, property owners, local
governments, environmental groups, health experts, community organisations and
other stakeholders to ascertain what standards should be included, and what is an
appropriate timeframe for phasing in the changes.
Notes on Provisions
Part 1 Preliminary
Short title
Clause 1 sets out the short title of the Bill.
Commencement
Clause 2 provides for the commencement of the Bill fixed by proclamation.
Act amended
Clause 3 provides that the Act amends the Residential Tenancies and Rooming
Accommodation Act 2008.
Clause 4 inserts new Chapter 1, Part 3, Division 4, which provides for prescribed
minimum housing standards.
This allows a regulation to be made which will prescribe minimum housing standards
for residential premises or rental premises in relation to particular matters.
Clause 5 amends section 67 to require the information statement provided by the
lessor or the lessor's agent to the tenant to include information as to the prescribed
minimum housing standards and associated rights and responsibilities.
Clause 6 inserts new chapter 3, part 2A, which provides that a lessor must ensure
that, before residential premises are let under a residential tenancy agreement, the
premises comply with the prescribed minimum housing standards.
A tenant will be able to serve notice on a lessor to allege a failure to comply with the
standards, and then request that the Residential Tenancies Authority investigate the
alleged failure.
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Residential Tenancies and Rooming Accommodation Amendment Bill 2014
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This Chapter then sets out the process for resolving disputes between the lessor and
the tenant in relation to the prescribed minimum housing standards for residential
premises.
Clause 6 inserts new chapter 4, part 1A, which provides that a rental premises
provider must ensure that, before rental premises are provided under a rooming
accommodation agreement, the premises comply with the prescribed minimum
housing standards for rental premises.
A resident will be able to serve notice on a provider to allege a failure to comply with
the standards, and then request that the Residential Tenancies Authority investigate
the alleged failure.
This Chapter then sets out the process for resolving disputes between the provider
and the resident in relation to the prescribed minimum housing standards for
residential premises.
Clause 8 amends section 468 to include, in the functions of the Residential
Tenancies Authority, the capacity to receive, hold and pay monies from the special
rent account. The special rent account is established under clause 5 to receive rental
monies for premises which are the subject of a dispute between the lessor and
tenant, or provider and resident.
Clause 9 amends section 415 to allow applications to the Tribunal to resolve
disputes in relation to the minimum standards to proceed by way of urgent
application.
Clause 10 inserts new chapter 14, part 4, which sets out new provisions establishing
transitional arrangements for the amendments contained in the Bill.
Clause 11 Amends schedule 2 (Dictionary) by inserting a definition for prescribed
minimum housing standard.
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