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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-07-22 Daily Xml
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NEIGHBOURHOOD DISPUTE RESOLUTION BILL

Introduction and First Reading

The Hon. R.B. SUCH (Fisher) (10:45): Obtained leave and introduced a bill for an act to provide an alternative dispute resolution mechanism for residential neighbours. Read a first time.

Second Reading

The Hon. R.B. SUCH (Fisher) (10:45): I move:

That this bill be now read a second time.

This is a measure I have canvassed before. I would be surprised if there is any member in here who has not had an issue where neighbours have been involved clashing with other neighbours, not necessarily their own but within their electorate. It is one of the most difficult issues to deal with. What I am proposing is that we have a person who can get involved in these issues and help resolve them; and, if they cannot resolve them, refer them to the appropriate authority.

We do have mediation (sadly, not meditation), but the problem is that you cannot compel people to be involved in mediation. Often I have found that people will not participate—one party may, the other will not. I have had some unusual neighbour disputes—some of it so petty that it is something you would expect at a kindergarten—between professional people accusing each other of looking into backyards, shifting wheelie bins, and things like that.

I had a case once where people were complaining that their neighbour had a bright light shining into their house and that they could not eat any meal without pulling down the blind. I thought that I would go down and try to sort this one out. It got very nasty between the neighbours—tyres were let down and all sorts of things. I went down to the house that had the big spotlight, and I said, 'Look, do you realise that someone coming around the corner could get blinded by that light, and they could have an accident and you might be sued?' They replied, 'Oh, we'd better change it.'

They would not change it for the neighbour, but they did on my highly professional legal information, which was really a bluff. Often these disputes drag on and on and we need a mechanism. Sometimes, as I suggest, it can be trees, it can be animal issues, car parking, noise, alleged voyeurism, car access, and so on. I do not believe that politicians should be spending time trying to sort out these issues: you need a person who can intervene.

New South Wales has a very effective commissioner dealing with tree issues. The commissioner there goes out and checks on the issue, makes a ruling and says, 'Look, that tree is intruding into your neighbour. Cut it off, cut it down, whatever,' and it works brilliantly. I have met the commissioner over there, Judy Fakes, and it works brilliantly. What I am proposing here is simply not about tree issues on boundaries. As I said, it could be involving animals, noise, and so on. I think that the bill is fairly self-explanatory and I ask members to support it.

Debate adjourned on motion of Mrs Geraghty.

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