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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
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Residential Parks (Miscellaneous) Amendment Bill

Committee Stage

In committee.

(Continued from 6 December 2018.)

Clause 6.

The PRESIDENT: Before I give you the call, Treasurer, I will just update honourable members on where we are at. I understand that we are on amendment No. 1 [Maher-2] in relation to clause 6, and that amendment has been moved by the Hon. Kyam Maher.

The Hon. R.I. LUCAS: Members may or may not recall that this was the subject of some debate on, I think, the last day of sitting prior to the December break. As a result of a number of amendments being moved we, I think wisely, decided to pause, reflect, consolidate, consult and regroup for this session in February. My understanding is that there has been fruitful discussion between the Attorney-General and her officers and the Leader of the Opposition and his staff in relation to amendments.

I will leave it to the Leader of the Opposition to clarify his intention, but my understanding is that he may not proceed with some of his amendments and that there may be broad support in the committee stage for the new set of amendments that I am moving, which, as I said, have been, on my advice, as a result of further consultation between the Attorney-General and the Leader of the Opposition. I will leave it to the Leader of the Opposition to outline his position. That is my understanding of where we are up to at the moment.

The Hon. K.J. MAHER: I have to say, Mr President, I think the Leader of the Government has it absolutely and completely correct on this occasion.

The Hon. T.J. Stephens: Could you repeat that because I just didn't quite hear?

The Hon. K.J. MAHER: On this occasion. Although we were ready to continue the debate on this bill last year, I think consideration of the legislation was difficult to continue because of the confusing way some of the amendments were drafted and some miscommunication that may have occurred about what was being supported and what was not being supported between the government and the opposition.

Over the intervening period from when we last met, a consolidated set of amendments were drafted, a lot of them based significantly on the opposition amendments. I would like to thank the Attorney-General's staff for the cooperative and capable collaborative way they have worked to finalise these amendments which provide very important additional protections for residents in residential parks.

As a result, I flag that I will not be moving any of the amendments that remain in my name and we will be supporting the set of amendments that were filed last week that are, in effect, an amalgamation of what the government and the opposition had filed and what they were able to agree with each other. I will have a couple of questions as we go through on how they will operate but I will not be moving the amendments in my name. We will be supporting the government amendments, which are very good because they incorporate a lot of what the opposition thought.

The CHAIR: Leader of the Opposition, by way of clarity, I recall you moved [Maher-1] 1 which was accepted by the committee. Do we need to recommit it, just for my benefit?

The Hon. K.J. MAHER: Yes, can we recommit [Maher-1] 1?

The CHAIR: Treasurer, the Leader of the Opposition was successful in convincing the committee to agree to one of his amendments, namely [Maher-1] 1. As I understand it, we have to recommit back to that to remove it.

The Hon. K.J. MAHER: Is that right? Is that part of what we have agreed?

The Hon. R.I. LUCAS: Again, I have not been part of these discussions but my advice is that the government is prepared to leave that particular amendment in as part of what might be the compromise package.

The Hon. K.J. MAHER: Yes, I have just received that.

The Hon. R.I. LUCAS: So we will not need to recommit it. The government has accepted that as part of the compromise package negotiated with the Leader of the Opposition. That particular amendment will stay, as carried. We will move, as has been agreed in furious agreement between the Leader of the Opposition and me, the government's new amendments.

The CHAIR: For my benefit, Treasurer, on another topic, I note that the Leader of the Opposition said he is not going to move any more of his amendments. I note that you had filed some amendments last year. Are you moving those?

The Hon. R.I. LUCAS: No.

The CHAIR: So we are just going with the most recently filed amendments in your name, Treasurer. Correct?

The Hon. R.I. LUCAS: Yes.

The CHAIR: I ask the Leader of the Opposition to withdraw his amendments.

The Hon. K.J. MAHER: I withdraw all further amendments filed in my name.

The CHAIR: I just need you to withdraw [Maher-2] 1 because you had moved that prior.

The Hon. K.J. MAHER: I seek leave to withdraw [Maher-2] 1 that I moved at the end of last year but no longer wish to continue with.

Leave granted.

The Hon. M.C. PARNELL: Just for the record, the Greens are pleased that the Liberal and Labor parties have reached agreement. We accept that the agreement includes most of the things that residents of these residential parks were asking for. I do not think that any of them are contentious. Given that all amendments have been withdrawn or indications have been given that they will not be moved, other than the 15 amendments contained in the set [Treasurer-4], the Greens will be pleased to support all of those 15 amendments. We look forward to the speedy passage of the bill.

The CHAIR: We are on clause 6. Treasurer, you have on clause 6 amendments Nos 1, 2, 3 and 4.

The Hon. R.I. LUCAS: I move:

Amendment No 1 [Treasurer–4]—

Page 3, line 28 [clause 6(1)]—Delete 'Section 7—after subsection (1) insert:' and substitute:

Section 7(1)—delete subsection (1) and substitute:

(1) The residents of a residential park may elect residents from at least 5 different occupied sites in the park to form a residents committee to represent the interests they have in common as residents of the park, on the basis that—

(a) only a resident may be a member of the committee; and

(b) except as provided in paragraph (c), each resident has a right to nominate for election to the residents committee and to participate in the election of members of the residents committee; and

(c) any resident who is employed or engaged by the park owner to assist in the management of the residential park may not be a member of the committee.

(1aa) A park owner or park owner's agent who unreasonably interferes with a resident's rights under subsection (1) is guilty of an offence.

Maximum penalty: $1,250.

Amendment No 2 [Treasurer–4]—

Page 4, lines 3 and 4 [clause 6(1), inserted subsection (1b)]—

Delete 'formed but an insufficient number of residents nominated for appointment' and substitute:

elected but an insufficient number of residents nominated for election

Amendment No 3 [Treasurer–4]—

Page 4, line 5 [clause 6(2)]—Delete 'Section 7—after subsection (2) insert:' and substitute:

Section 7(3) and (4)—delete subsections (3) and (4) and substitute:

Amendment No 4 [Treasurer–4]—

Page 4, after line 22 [clause 6(3)]—After inserted subsection (7) insert:

(7a) The regulations may make provision for or with respect to the election, term of office, functions and procedure of residents committees.

These amendments amend section 7 of the act to provide more clarity around residents committees, and set down section 7 in a manner that makes the intention of how residents committees are to be formed and residents elected as committee members much clearer.

Amendments carried; clause as amended passed.

Clause 7 passed.

Clause 8.

The Hon. R.I. LUCAS: I move:

Amendment No 5 [Treasurer–4]—

Page 4, after line 33—Before subclause (1) insert:

(a1) Section 10—after subsection (2) insert:

(2a) The Commissioner must ensure that a model residential park agreement, that may be used by park owners as a guide or template when preparing their own agreements, is published on a website determined by the Commissioner.

This amendment requires the Commissioner for Consumer Affairs to provide a model residential park agreement template that may be used by park owners as a guide or template in preparing their own agreements. This will be published on the Consumer and Business Services website.

The Hon. K.J. MAHER: Is it anticipated that in addition to being published on the website determined by the commissioner that it will also be available in other forms? For instance, if a potential park tenant wants a copy of it, can it be provided in writing as well?

The Hon. R.I. LUCAS: My advice is that it is proposed to be available in a form or downloadable.

Amendment carried; clause as amended passed.

Clauses 9 to 12 passed.

New clause 12A.

The Hon. R.I. LUCAS: I move:

Amendment No 6 [Treasurer–4]—

Page 9, after line 34—Insert:

12A—Amendment of section 43—Statutory and other charges in respect of rented property

(1) Section 43(2)(b)—delete paragraph (b)

(2) Section 43—after subsection (3) insert:

(4) A resident is not required to pay the park owner any amount for, or in relation to, the supply of electricity to the rented property unless the park owner has provided the resident (at no cost) with an account specifying how much the resident is being charged for the supply of electricity (and how that amount was calculated) and, if the resident is being charged for any other related matters, itemising those matters and specifying the amount of the charge in relation to each item.

This amendment provides clarity around section 43 and the charging of electricity by the park owner for the supply of electricity.

The Hon. K.J. MAHER: Just to confirm with the Treasurer that the effect of this amendment is that if a residential park resident is not supplied with an account specifying how much the resident is to be charged for electricity and how that was calculated, they do not have to pay for their electricity. Is that essentially the effect?

The Hon. R.I. LUCAS: My initial advice is that they are required, under section 43, to get that particular account, so they are entitled to say, 'You have to give me the breakdown before I have to pay.' The leader's question went a bit further than that and I am not sure where that would end up if, for whatever reason, it was not provided and someone did not pay. I guess that may potentially be the subject of a court case to determine where it ends up.

It is certainly not expected or anticipated that we are going to end up in that set of circumstances. The tenant is entitled to demand the information and is entitled to say, 'I am not paying until I get it.' Ultimately, where that would all end up, if for whatever strange reason it was not provided, I cannot give you a guarantee one way or another as to how that might be determined in a court of law.

The Hon. K.J. MAHER: I thank the Treasurer for his response to this. Certainly, in the number of meetings I had with the South Australian Residential Parks Residents Association, this was one of, if not the biggest issue raised: that many residential park tenants got bills, had absolutely no idea how they were calculated and if the owner of the park was profiteering through how they decided that. So a requirement that specifies how it is calculated is a very important thing, and I thank the Treasurer for his explanation.

New clause inserted.

Clauses 13 and 14 passed.

Clause 15.

The Hon. R.I. LUCAS: I move:

Amendment No 7 [Treasurer–4]—

Page 10, line 37 [clause 15, inserted section 50A(1)]—After 'dwelling' insert:

(for a market value agreed between the personal representative or other person selling the dwelling and the park owner)

Amendment No 8 [Treasurer–4]—

Page 11, after line 7 [clause 15, inserted section 50A]—After inserted subsection (2) insert:

(3) For the avoidance of doubt, nothing in this section obliges the personal representative or other person who has inherited property of the deceased to sell the dwelling to the park owner.

These amendments provide more clarity for residents around the intention of section 50A when a resident passes away and the dwelling is to be sold by their estate. The government conceded on market value in amendment No. 1 [Maher-1] which passed at the end of last year.

The Hon. K.J. MAHER: I have a brief comment rather than a question. Yes, these are consequential amendments that further clarify the one amendment we discussed before, which passed last year. Again, this matter was very important to the South Australian Residential Parks Residents Association in terms of making sure that, particularly on the death of a resident, there is less likelihood someone will be taken advantage of when estates are wound up and that fair market value is paid.

Amendments carried; clause as amended passed.

Clauses 16 and 17 passed.

Clause 18.

The Hon. R.I. LUCAS: I move:

Amendment No 9 [Treasurer–4]—

Page 12, line 11 [clause 18, inserted section 70A(3)(a)]—After 'owner' insert:

(and the proposed new residential park site agreement must constitute a reasonable offer in the circumstances)

This amendment ensures that, if an agreement is terminated under section 70A where a park owner intends to redevelop the site and has offered the resident an alternative site, the offer is reasonable in comparison with what the resident already has.

The Hon. K.J. MAHER: I have a comment. This arose from one of the Labor amendments in relation to concerns from the South Australian Residential Parks Residents Association that there could be unscrupulous operators who would use the provisions to move residential park tenants on without having fair and reasonable alternative accommodation.

Amendment carried; clause as amended passed.

Clauses 19 to 22 passed.

Clause 23.

The Hon. R.I. LUCAS: I move:

Amendment No 10 [Treasurer–4]—

Page 13, after line 24—

Before the present contents of clause 23 (now to be designated as subclause (2)) insert:

(1) Section 134—after paragraph (d) insert:

(da) maintaining the register under section 135;

Page 14, line 1 [clause 24, inserted section 138A(b)]—Before 'is reviewed' insert 'the plan'

In speaking to amendment No. 10 and foreshadowing amendment No. 11, which I will move subsequently, both of these amendments are a package which introduces a register of residential parks in South Australia that is to be established and maintained by the Commissioner for Consumer Affairs, which will include the details of each residential park, the name and contact details for each park owner and any other particulars prescribed by the regulations.

The Hon. K.J. MAHER: I thank the Treasurer for this amendment; it is in line with one that we moved, with some differences after negotiation. Again, in discussions with the South Australian Residential Parks Residents Association, this was thought necessary so that we have a register of the laws that we are passing and what they apply to. There are many residential parks, but they are not all well known. To have a register means that it is very easy to know to which sites these laws apply.

Amendment carried; clause as amended passed.

New clause 23A.

The Hon. R.I. LUCAS: I move:

Amendment No 11 [Treasurer–4]—

Page 13, after line 29—Insert:

23A—Insertion of section 135

After section 134 insert:

135—Commissioner to maintain register

(1) The Commissioner must establish and maintain a register including the following information:

(a) the name and address of each residential park in the State;

(b) the name of, and contact details for, each park owner;

(c) any other particulars prescribed by the regulations.

(2) A park owner must, by notice in writing, provide the Commissioner with such particulars relating to the residential park as are required to be entered in the register under this section and must, if there is a change in any of those particulars, advise the Commissioner, by notice in writing, of the change within 10 business days after the change occurs (or such longer period as the Commissioner may allow).

(3) The Commissioner must ensure that the information included in the register is published on a website, so as to be accessible to members of the public without charge.

New clause inserted.

Clause 24.

The Hon. R.I. LUCAS: Mr Chair, with your concurrence, I move:

Amendment No 12 [Treasurer–4]—

Page 13, lines 34 and 35 [clause 24, inserted section 138A]—Delete 'the plan'

Amendment No 13 [Treasurer–4]—

Page 13, after line 35 [clause 24, inserted section 138A]—Before paragraph (a) insert:

(a1) the plan complies with any requirements prescribed by the regulations; and

(b1) if the park has a residents committee—the residents committee is consulted in relation to the plan; and

Amendment No 14 [Treasurer–4]—

Page 13, line 36 [clause 24, inserted section 138A(a)]—Before 'is provided' insert 'the plan'

Amendment No 15 [Treasurer–4]—

Page 14, line 1 [clause 24, inserted section 138A(b)]—Before 'is reviewed' insert 'the plan'

These amendments relate to fire safety measures that this bill introduces. They provide more clarity around the wording of section 138A, which ensures that the fire evacuation plan complies with any government standards and that residents committees are consulted in relation to that plan.

The Hon. K.J. MAHER: I think this is the last set of amendments being moved. I thank the government for negotiation with these. They are slightly different from what the opposition put forward, but they are still a good step forward. Again, this was a very specific concern of the South Australian Residential Parks Residents Association, that residents wanted to be involved in things that significantly affect them and their safety, and that included emergency and evacuation plans. There is now a legislative requirement that residents are involved and that park owners must have such plans.

Amendments carried; clause as amended passed.

Clause 25.

The Hon. K.J. MAHER: In speaking to this clause I place on the record my appreciation and thanks to the South Australian Residential Parks Residents Association that, at a number of meetings and through quite a lot of correspondence, came up with a lot of very sensible improvements to this regime, and a lot of those have been reflected largely in the amendments moved today. I thank that association for the work they have done, their ability to put forward ideas and the way they have represented residents in residential parks.

Clause passed.

Schedule and title passed.

Bill reported with amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (16:40): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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