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Legislative Assembly for the ACT: 2003 Week 3 Hansard (12 March) . . Page.. 987 ..


MS DUNDAS (continuing):

I have also been informed that the housing managers within the department will be treating bushfire affected tenants sensitively. However, without a system-wide policy, it will be hard to ensure that this does occur. We cannot at this stage waive debts, so hardship might be more prolonged than might normally be the case.

My understanding is that this motion does not require the government to waive the rent of public housing tenants in the event of a natural disaster; it merely calls on the government to create a discretion to waive rent. I have read the Housing Assistant Act a number of times to try and get my head around that. Section 12 (9) of the Housing Assistant Act states:

A relevant instrument prepared by the Commissioner and approved by the Minister in accordance with section 12 may-

and that is an important legal word-

(a) provide for the reconsideration of decisions of the Commissioner that are specified in the instrument; and

(b) provide for the application to be made to Administrative Appeals Tribunal for review of decisions ...

The act talks about how a housing assistance program can be created, how it will apply and whether or not it will apply. So it is quite possible that the Minister could create a new program to deal with the circumstances of people who, as a result of natural disasters, are forced to pay more rent than they normally would and who are finding that that is having a detrimental impact on their ability to meet other costs.

Mr Wood: They are getting a concession anyway. They are getting that concession.

MS DUNDAS: The Minister makes the point that they are getting that concession anyway, and this is one of the reasons why I have tried to grapple with this complex question. But it does come down to two points. The motion calls for an instrument to be set up to develop and approve a program that may do something that is already being done. It seeks to give the government the discretion to develop the program and to apply it only in certain cases. The second point is that we can leave the situation as it is.

I have not heard why it would be bad to set up this program. I have heard that the government does not necessarily want to set up the program because they think they are doing enough already and that people are accessing enough support mechanisms anyway. But they have the ability to set up this program to address the concerns that have been raised.

Mrs Burke has raised some important issues. I think when it comes down to it, I will support this motion. I recognise that the government is doing some strong work in this area and in housing anyway, irrespective of the bushfire disaster. However, we need to look at the whole housing situation and put affordable housing taskforce issues back onto the agenda.

I do not see why we cannot move forward by setting up this program and applying it in


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