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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 662 ..

MR STANHOPE (continuing):

Mr Speaker, this amendment deletes subclause (4) of clause 122, relating to consultation before redevelopment. Subclause (4) currently provides that the lessor is taken to have consulted or invited tenants or given them a summary if the lessor has consulted or invited a representative body of a majority of the tenants in the centre or part or given it a summary.

I do not think that there is any development in Canberra or in the ACT that is so huge that the landlord should be given this sort of exception. It seems to me not too much to expect that landlords make a genuine attempt to consult with each and every one of their tenants before proposing a redevelopment in this way. I do not think that this would be a hardship. I do not think that it would be particularly onerous.

The notion "We consulted with the representative body and the representative body either did not consult with its membership or was fairly sanguine about the proposal; therefore, we have done our duty" seems to me to be being unnecessarily generous to the landlord. This provision simply requires that in any proposal for redevelopment the landlord make a genuine attempt and, in doing so, consult with each and every tenant and not just go through a consultation process with a representative body. I am not suggesting that any of the representative bodies are not fully committed to each and every one of their members and that they would consult, but one can in extreme circumstances imagine situations where this sort of provision could be open to abuse.

Amendment agreed to.

Clause 122, as amended, agreed to.

Clauses 123 to 131, by leave, taken together and agreed to.

Clause 132.

MR RUGENDYKE (9.24): I move amendment No 6 on the green sheet circulated in my name [see schedule 3 part 2 at page 711].

This amendment simply modifies when an application can be made for dispute resolution in accordance with the rest of my following amendments that go to tying in a quick resolution.

Amendment agreed to.

Clause 132, as amended, agreed to.

Proposed new clause 132A.

MR RUGENDYKE (9.25): I move amendment No 7 on the green sheet circulated in my name which proposes a new clause 132A [see schedule 3 part 2 at page 711].

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