Comment: registrable persons housing bill

Comment on the Housing Amendment (Registrable Persons) Bill 2009

23 September 2009

This is a brief comment on the Housing Amendment (Registrable Persons) Bill 2009 by the
Tenants’ Union of NSW and Shelter NSW.

The Tenants’ Union of NSW is the State’s peak tenants’ organisation and specialist community
legal centre for landlord-tenant law. Shelter NSW is the State’s peak low-income housing policy
organisation.

We object strongly to the Bill.

The Bill would allow the tenancies of a specified category of tenants to be terminated, and for
those tenants to be evicted, by agreement of the Police Commissioner and the Director-General of
the Department of Human Services.

A tenancy may terminated without notice to the tenant, and with immediate effect. The tenant may
be evicted, without notice and immediately, by the police.

The Bill provides no role for the Consumer, Trader and Tenancy Tribunal, or the courts, in the
decision to terminate and evict. The Bill expressly prevents any review by the courts of the
Commissioner’s and the Director-General’s decisions.

What the Bill provides for is summary eviction. It should have no place in New South Wales
residential tenancies law.

The Bill is unnecessary. The Residential Tenancies Act already includes special provisions that
allow Housing NSW to offer a tenant alternative premises and terminate their original tenancy.
We believe the safety of children is best ensured by teaching children to recognise and report
inappropriate conduct on the part of any adult – whether a family member, friend, neighbour or
stranger.

For further information, please contact Chris Martin, Senior Policy Officer, Tenants’ Union of NSW
on 0407 065 760, or Mary Perkins Executive Officer, Shelter NSW.