Page 2069 - Week 07 - Tuesday, 28 May 1991
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This is an extremely important point that needs to be made, because this example will most likely occur, as I said before, with tenants who have English as a second language. Moreover, it will tend to affect those tenants who have low literacy skills. It is important to make this point in the International Year of Literacy. The consequence of this is that the landlord's report then constitutes evidence of the condition of the property in any dispute. I believe that the problem could be overcome by including the requirement to lodge the condition report - proposed subsection 62AF(5) - as part of the evidentiary provision and that, upon receipt of a condition report that is not signed by the tenant, a copy of the report is forwarded by the Rental Bond Board office to the tenant, giving them another opportunity to endorse or dispute the report.
This matter was brought to our attention by ACTCOSS and by the legal people who felt that this should be put in. I did speak to the Attorney-General about this before the dinner break. I think he understood the point that we were making, and, if I am not wrong, he did agree that this should be done. I will leave it to the Attorney-General to speak on this matter.
MR COLLAERY (Attorney-General and Minister for Housing and Community Services) (8.12): To handle the comments of Mrs Grassby first: Yes, the moneys held in this interest fund will be able to be applied for a variety of purposes, and that has generally been accepted in the community. One such purpose could well involve providing extra funding to, for example, the Welfare Rights and Legal Centre if there needs to be supplementation of its resources to assist it with representing tenants who have matters before the mediator and/or the Small Claims Court.
If I have interpreted Mrs Grassby correctly, I simply inform the house that, as I see it, the legislation leaves it quite open for the government of the day to apply funds to that purpose; that is, to assist the representation of tenants before any such tribunal, particularly tenants who have some disability by reason of language, literacy or the like. I think it would be entirely appropriate to apply funds in that situation. That is very much what the fund was intended to cover.
Coming to Mr Connolly's amendment, I point out to members that that impacts only landlords; it makes it an offence for landlords not to lodge the condition report. I suppose Mr Connolly's basic premise is that landlords are in the favoured position. They are in the position of strength in the relationships that go on at the time of leasing; that is, the landlord or the landlord's agent has the premises and it is the tenant who wants something and, in that unequal situation at that time, there may well be grounds - and the Government agrees - for ensuring that there is a positive obligation on landlords to lodge the report and a penalty applicable thereto.
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