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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-02-23 Daily Xml
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Question Time

RESIDENTIAL TENANCIES

The Hon. R.L. BROKENSHIRE (15:11): I seek leave to make a brief explanation before asking the Minister for Consumer Affairs a question regarding residential tenancies.

Leave granted.

The Hon. R.L. BROKENSHIRE: A constituent recently approached me, in addition to others who have approached Family First in the past, concerned about the balance, in her opinion, being too strongly in favour of disruptive tenancies in public and private housing rather than giving landlords power to deal with the worst tenants.

This particular constituent, who is a landlord, has for years been unhappy with the effectiveness of the Residential Tenancies Tribunal. Recently she sought an order for possession of premises she and her agent could demonstrate were being maliciously damaged by a former tenant. The tribunal would not grant absolute possession of the premises, despite two hearings and the evidence laid before it.

I note that the act is the Residential Tenancies Act 1995 and, whilst it has been the subject of amendments consequential to changes to other acts, the only formal reviews I could identify were in 1999 and the last one launched over eight years ago, in November 2002. The minister is on the record as having previously informed the parliament that, first, the tribunal had heard 8,200 in 2009. Yet on 8 February, the minister tabled a reply to a question by the Hon. Michelle Lensink indicating that in 2009 there had been 9,370 hearings. Incidentally, to 31 October, we see that there had been 7,108 hearings, according to the minister in January. My questions are:

1. Is the minister satisfied that matters involving malicious damage to premises are being swiftly and decisively dealt with by the tribunal?

2. What are the final figures on tribunal hearings for 2010?

3. Will the minister conduct a formal review of the act?

4. Will the minister consider making the orders of the tribunal enforceable by SA Police rather than the bailiffs of the tribunal?

5. Can the minister advise us where the 2009-10 Office of Consumer and Business Affairs annual report is?

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises) (15:14): I thank the honourable member for his important questions. The Residential Tenancies Tribunal plays a very important role in terms of balancing the rights and responsibilities of both landlords and tenants, and that can sometimes be a very challenging and difficult task but one I believe it does extremely well. The tribunal has a longstanding history and a wonderful track record of dealing with these matters in an extremely balanced way but also in terms of dealing very quickly with large quantities of matters.

The tribunal's decisions are independent determinations of the members, so any specific case or specific set of circumstances would need to use the tribunal and appeals processes available if that decision is believed to have not been correct or has been challenged in some way. So I invite the honourable member to use the processes that are available. There are natural justice processes that are available to those who do not agree with a decision with or who believe that a decision is not correct. However, that is certainly a matter outside my powers—and so it should be. The tribunal should be making independent decisions.

In terms of the act, the government did undertake a review of the Residential Tenancies Act 1995. A discussion paper was prepared then and approximately 170 submissions were received during the public consultation phase. I understand a review working party, comprising the Commissioner for Consumer Affairs and also senior staff from the Office of Consumer Affairs, made a variety of recommendations to the then minister for consumer affairs.

The review has already resulted in some important changes in pieces of legislation, such as the Residential Parks Act 2007. That act commenced on 5 November 2007 and has significantly improved legal protections for both residents and operators of caravan and mobile park homes in South Australia. OCBA is still continuing to consider additional amendments to the Residential Tenancies Act.

There is no doubt that further improvements to residential tenancies law can be made and, I think, should be made. However, developing amendments to the Residential Tenancies Act obviously involves a very careful assessment of the balance between the rights and obligations of both tenants and landlords, and it is obviously a very complex process, which means that it takes time to be effective.

Clearly, the COAG agenda—the nationalisation of a number of policy areas, credit and consumer law, our NOLS, our licensing systems and a range of areas that impacted directly on OCBA—was really thrust upon us and it consumed a great deal of our time. That activity went on for quite a period of time, which meant that the progress of the Residential Tenancies Act did not progress at a speed that perhaps I would have liked.

Nevertheless, there were some benefits in that. For instance, we have a new presiding member of the tribunal, who has only recently commenced, and I have asked for her input and advice in terms of a review of the act and any proposed amendments, as it is most important that she be involved in that process as well. I think it is timely that we take a good look at this, and so I have invited her input. I think a meeting has been set within the foreseeable future for me to listen to and discuss some of her ideas on this.

This review process is an important opportunity to update and improve this act, which is a critical policy piece. In my view, it is most important that we get it right and take the time to make sure that we do get it right. As I said, although the speed has been less than desirable, there have been good reasons for that and there have also been real benefits to come out of that. I am very keen about this process, and I am looking forward to having the new presiding member's input into the process. In terms of the final figures I was asked about for 2010 and the annual report, I am happy to take those questions on notice and bring back a response.

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