Housing peaks comment on Ferguson amendment

Comment on the Housing Amendment (Registrable Persons) Bill 2009

23 September 2009

For further information refer to Shelter NSW or the Tenants' Union of NSW

This is a brief comment on the Housing Amendment (Registrable Persons) Bill 2009 by the Tenants' Union of NSW and Shelter NSW. The Tenants' Union of NSW is the State's peak tenants' organisation and specialist community legal centre for landlord-tenant law. Shelter NSW is the State's peak low-income housing policy organisation.

We object strongly to the Bill.

The Bill would allow the tenancies of a specified category of tenants to be terminated, and for those tenants to be evicted, by agreement of the Police Commissioner and the Director-General of the Department of Human Services.

A tenancy may terminated without notice to the tenant, and with immediate effect. The tenant may be evicted, without notice and immediately, by the police.

The Bill provides no role for the Consumer, Trader and Tenancy Tribunal, or the courts, in the decision to terminate and evict. The Bill expressly prevents any review by the courts of the Commissioner's and the Director-General's decisions.

What the Bill provides for is summary eviction. It should have no place in New South Wales residential tenancies law.

The Bill is unnecessary. The Residential Tenancies Act already includes special provisions that allow Housing NSW to offer a tenant alternative premises and terminate their original tenancy

We believe the safety of children is best ensured by teaching children to recognise and report inappropriate conduct on the part of any adult – whether a family member, friend, neighbour or stranger.

[Note: DH endorses this statement except for the italicised article of faith above. Would that it were so simple!]