Page 783 - Week 03 - Thursday, 2 April 2020
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Unfortunately, we only saw this legislation for the first time at 3.30 pm yesterday, so it is impossible for us to write into the legislation all the checks and balances that are desperately needed. That is why we have the overarching amendment that we are going to be proposing, which at least calls on the government to make declarations about when these special powers are going to be used.
We agree that many of the measures are either necessary or reasonable—for example, allowing some flexibility in corrections arrangements or extending voluntary care arrangements. However, there are a number of areas where we have serious concerns about some of the measures that are being proposed.
We absolutely agree that we need to do whatever we can to help all the renters in the ACT. We also need to make sure that we have rental stock in the ACT. We need to make sure that there are rental properties available in the ACT.
I note that there are many property owners that are doing the right thing already, many property owners that are giving whatever they can to try to manage this situation with their tenants. But let us not assume; let us not have a presumption of guilt for every single property owner in Canberra. Let us try to work collaboratively with the property owners of Canberra that are providing a much-needed asset for our community, and with the renters. So many people, whether they be property owners or renters, are going through some very tough times right now, and all are worthy of our support as an Assembly.
We remain concerned about the powers given to the minister under this bill. Under the proposed amendments to the Leases (Commercial and Retail) Act 2001 and the Residential Tenancies Act 1997, the minister will be provided with wide discretionary powers regarding altering residential and commercial tenancy arrangements. Again, if this power is used carefully and reasonably, it is okay. The problem is that there is a chance that it will not be used reasonably and appropriately. We are also worried about the risk that this poses for the market. So we are supporting the legislation but we need to make sure that there is transparency and scrutiny throughout this process. I do not think that is too much to ask.
We very much appreciate the moratorium on rental evictions that was agreed to by the national cabinet. The wording of the amendments before us today goes somewhat further than that. The minister can declare that property owners will not be able to terminate leases, recover possession of premises or change any period under the lease during which someone must or may do something, and can wholly exempt a party or class of parties from the provisions within the act. Pretty much the act goes out the window. That is what is being proposed here. Again, these are extraordinary times and extraordinary decisions need to be made, but we also need extraordinary levels of scrutiny.
The minister can make a declaration changing, limiting, or preventing the exercise or enforcement of any other right of the lessor under the lease, under this act. That is a very big call for this place to make. The minister also determines the stated circumstances in which these rights will be restricted.
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