Page 2773 - Week 09 - Tuesday, 16 August 2005
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Amendment agreed to.
Clause 10, as amended, agreed to.
Clauses 11 to 13, by leave, taken together and agreed to.
Clause 14.
DR FOSKEY (Molonglo) (5.44): I just want to put it on the record that I am opposing this clause. I am concerned about proposed subsection 40(2)(a), which will allow a registrar to override the requirement that the police give a tenant two days notice of proposed eviction if they believe that there are exceptional circumstances. There are no parameters or examples of what might constitute exceptional circumstances. The speech provides examples of people damaging or threatening to damage property, but the police can already take action to remove the person and protect the property in these cases. To immediately evict the individual is very harsh and removes the 48-hour window of opportunity for the tenant to seek advice and take reasonable steps to address the issues and prevent the eviction. I do not believe that this clause is warranted. At the very least it should be a decision that can be made only by the tribunal, rather than by the registrar.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (5.46): Let me respond to that by saying that clause 14, which will amend section 40, in which Dr Foskey suggests a registrar is given untrammelled power, is constrained by the suggestion that the registrar must have reasonable grounds for the belief. I think it is accepted by all of us that the rider that the registrar must act reasonably, must have reasonable grounds for his belief, really does provide the constraint that Dr Foskey suggests is not available.
That is the terminology. Essentially, the construction of the exercise by any official anywhere in government of their power is that it must at all times be reasonable. I think that for us to actually provide a basis for the exercise of power anything over and above the rider that the power must be exercised reasonably leads us down paths that potentially have no end. The power must be exercised on the basis of reasonable grounds, on the basis of reasonable belief around exceptional circumstances or appropriateness of giving the notice. Really, I think that is appropriate and is consistent with our practice in relation to the powers that we invest in any official at any time, anywhere.
Clause 14 agreed to.
Clause 15.
DR FOSKEY (Molonglo) (5.47): I move amendment No 2 circulated in my name. [see schedule 1 at page 2784].
Our amendment requires the tribunal, when making conditional orders, to be satisfied that the condition will not cause significant financial hardship to the tenant or a person who is financially dependant on the tenant and extends the expiry period to two years
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