Page 5475 - Week 17 - Wednesday, 4 December 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
The need for legislation to control this arrangement between tenants and the landlord sector was identified in the early 1980s. This followed the preparation of an ACT draft business leases review ordinance. Who can forget the belated way in which Mr Whalan, then on his way out of government and out of the Assembly, tabled a partly doctored version of this legislation? It was clear at the time that the ALP were prepared to consider some regulation of this industry sector by legislation, despite recent moves by the current Attorney-General during Canberra Business Week to accept a code of conduct. The Bill we have before us today is much more professional than the badly edited version put up by Mr Whalan.
Members will no doubt remember the Nolan report - the report of a select committee set up by a Rally motion in the very early days of this Assembly. The Nolan report recommended that there be changes made, with the introduction of a code of conduct, backed by fair trading legislation, with the Government to legislate within six months if the parties had not reached agreement. That was some time ago; we still have not achieved that. I supported that recommendation because it was the only way to obtain a unanimous report, which was seen as being important at that time in the life of the Assembly if the committee system was to be taken seriously. However, we did make a start on the process, and this Bill is the culmination of that process.
The problem has been a burning issue between landlords and tenants for many years, as many of the latter struggle to obtain more than just their rent payments from the business. Stories of lost homes and the "take it or leave it" attitude of some members of the landlord sector were heard in camera during our hearings. Despite efforts to denigrate the survey done by the Rally, many now accept that there is a problem. While the Nolan report spoke about the introduction of a code of conduct, it would seem that recent attempts to establish this process have failed. One has to wonder whether the current process in the ACT, having had one false start, is needed or on the track.
The attempts to obtain a meaningful code in New South Wales have failed. I still have a copy of a document given to the select committee by a member of the staff of the New South Wales Government Minister responsible for this area, Mr Gerry Peacocke. At the time we were told that the code was imminent. We are still waiting. It would seem that it is dead and buried for the moment in New South Wales.
Might I draw members' attention to a letter from the Consumer Affairs Commissioner in New South Wales in response to my request for a copy of the regulatory impact statement and exposure draft of the retail tenancy leases code of practice. It is very illuminating. The letter is dated 4 October and is addressed to me as deputy leader of the Residents Rally. It is signed by Mr John Holloway, Commissioner for Consumer Affairs, and it says in part:
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .