Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Legislative Assembly for the ACT: 2004 Week 09 Hansard (Tuesday, 17 August 2004) . . Page.. 3789 ..

Amendment agreed to.

Clause 24, as amended, agreed to.

Clauses 25 to 29, by leave, taken together and agreed to.

Clause 30.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.39): I move amendment No 3 circulated in my name [see schedule 7 at page 3814]. Amendment No 3 amends the proposed clause 30 of the bill, which inserts a new section, 102 (2), setting out when the Residential Tenancies Tribunal may amend or set aside an order it has made. Currently, the bill specifies situations where the tribunal may exercise such a power. These situations are specific in nature and do not provide for a general power for the tribunal to act at its own discretion.

Advice has been received that there is some concern that the proposed section 102 (2) will eradicate any power of the tribunal to make variations—for example, to interim orders. The inability to oversee, monitor and, where necessary, vary interim orders could lead to some harsh and unjust outcomes. This amendment ensures that the tribunal may amend or set aside an order it has made if, where the order was made under section 42, the tribunal considers it is appropriate to do so.

MS TUCKER (9.40): I move amendment No 1 circulated in my name which amends Mr Stanhope’s amendment No 3 [see schedule 8 at page 3815]. This amendment takes a further step along the path the government amendments began. Again, this is the result of feedback. To begin at the beginning, the bill, because of case decisions in the tribunal, removed section 102 (e) from the act. This removed the power of the tribunal to vary or set aside an order of the tribunal, if appropriate.

At clause 30 the bill then establishes a more limited set of situations in which the tribunal may amend or set aside an order. This, however, did not necessarily cover interim orders. In response to this problem being raised the government then prepared Assembly amendment 3 to reinstate the power of the tribunal to open a termination and possession order, subject to a condition precedent.

A termination and possession order, subject to a condition precedent, is a particular type of interim order described in section 42 of the act. An example of this type of order, which I understand is not very common, is one along the lines of, “You will be evicted unless you repay the arrears at the rate of X dollars per fortnight.” However, the government amendment would allow the tribunal to look at varying such an order only when a notice had been issued under section 42 (1). This is the eviction notice served when the registrar has evidence that the condition has been breached. It allows only two days for appeal. So, unfortunately, the crisis of receiving an eviction notice had to be reached before the tribunal could consider any changed circumstances. My amendment would set different conditions for the tribunal to have the power to reconsider this particular type of order. Specifically the amendment will omit from the government amendments the proposed new section 102 (2) (ba) and instead insert new section 102 (3). This proposed new section reads:

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .