RESIDENTIAL TENANCIES (ASSISTED TENANTS) BILL 2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

Residential Tenancies (Assisted Tenants) Bill 2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

Residential Tenancies (Assisted Tenants) Bill 2003

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Residential Tenancies (Assisted Tenants) Act 2003.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.

For example, the signpost definition ‘residential tenancy agreement—see the Residential Tenancies Act, section 3.’ means that the term ‘residential tenancy agreement’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

(a) to give effect to the principle that assisted tenants are entitled to security of housing; and

(b) to maintain continued housing assistance for those most in need; and

(c) to provide for an early intervention scheme for assisted tenants who have difficulties in meeting their obligations under tenancy agreements.

(a) providing opportunities for assisted tenants who may be in breach of their tenancy agreements to meet their obligations under the agreements; and

(b) enabling assisted tenants who have difficulties meeting their obligations under tenancy agreements to obtain help and to help themselves; and

(i) recognises the need for housing assistance to be given to those most in need; and

(ii) has regard to the needs of all assisted tenants; and

This Act applies to residential tenancy agreements under which the commissioner is the lessor.

An assisted tenant may ask for a referral to establish an assistance plan if—

(a) the tenant has failed to pay rent payable under a residential tenancy agreement; or

(b) the tenant’s circumstances have changed in a way that makes it unlikely that the tenant will be able to pay rent under a residential tenancy agreement as it becomes payable; or

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) The commissioner may refer an assisted tenant to a case manager to establish an assistance plan if the tenant asks for a referral under section 7.

(2) The commissioner may also refer an assisted tenant to a case manager to establish an assistance plan if the tenant aggress to a referral.

(3) The commissioner may act under subsection (2) if—

(a) a family member of the assisted tenant asks the commissioner to make the referral; or

(b) the commissioner is satisfied that it is in the interests of the tenant or other tenants to make the referral.

(4) This section does not apply if the commissioner believes on reasonable grounds that—

(d) the tenant has intentionally or recklessly caused or permitted, or is likely to cause or permit, serious damage to the premises or to other property of the lessor.

(1) If an assisted tenant is referred to a case manager, the case manager must, in consultation with the commissioner, establish an assistance plan for the tenant.

(2) The case manager must give the commissioner and the tenant a copy of the assistance plan.

(1) An assistance plan for an assisted tenant may include—

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) An assistance plan requested by a tenant because of failure to pay rent must provide for the payment of any arrears of rent over a reasonable period, and in the amounts that the commissioner is satisfied are fair in the circumstances.

The commissioner must cooperate with a case manager in the establishment and implementation of an assistance plan for an assisted tenant.

(1) The tenant must cooperate in the establishment and implementation of an assistance plan for the tenant.

(2) The tenant must comply with reasonable obligations imposed on the tenant under the tenant’s assistance plan.

(3) The tenant must tell the commissioner and the tenant’s case manager as soon as possible of any of the following events:

(b) a change in the number of people living with the tenant;

(c) a change in the tenant’s circumstances that has, or is likely to have, a substantial effect on the tenant’s ability to meet his or her obligations under the assistance plan or tenancy agreement.

(1) While an assistance plan is in force in relation to a residential tenancy agreement—

(a) action may not be taken under the Residential Tenancies Act, part 4 (Termination of residential tenancy agreements) in relation to the termination of the tenancy or to obtain possession of premises to which the tenancy agreement relates; and

(b) action may not be taken under the Residential Tenancies Act, division 6.4 (Tribunal hearings), division 6.5 (Procedural powers and orders of tribunal) or division 6.6 (Enforcement) in relation to the agreement; and

(1) A case manager must review the effectiveness of a tenant’s assistance plan at least once every 3 months.

(2) The case manager must report to the commissioner after each review.

(3) The commissioner may at any time ask for a review of a tenant’s assistance plan.

(a) if the tenant tells the commissioner in writing that the tenant wants the assistance plan to end; or

(b) 12 months after the day the assistance plan began, unless the commissioner approves the extension of the assistance plan.

(2) The commissioner may end an assistance plan if the commissioner is satisfied that—

(a) the tenant has failed to comply with the assistance plan; and

(b) there are no special circumstances justifying the continuation of the assistance plan.

(3) The commissioner must end an assistance plan if the commissioner is satisfied that—

(d) the tenant has intentionally or recklessly caused or permitted, or is likely to cause or permit, serious damage to the premises or to other property of the lessor; or

(4) If the commissioner ends an assistance plan under subsection (2) or (3), the commissioner must tell the tenant, in writing, that the assistance plan has ended.

(1) The commissioner must appoint case managers for this Act.

(2) A case manager has the functions given to him or her under this Act.

Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

The commissioner may delegate the exercise of any function to a public servant.

Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.

The commissioner must give the Minister any information requested by the Minister about any matter relating to the commissioner’s functions under this Act.

A person may apply in writing to the administrative appeals tribunal for review of a decision of the commissioner—

(a) not to refer a tenant to a case manager under section 8; or

(b) to end an assistance plan under section 15 (2) or (3).

(1) This Act does not affect an application for resolution of a tenancy dispute made under the Residential Tenancies Act, part 6 before the commencement of this Act or any action taken by the registrar, a referee or the tribunal in relation to the application.

referee—see the Residential Tenancies Act, section 3.

registrar—see the Residential Tenancies Act, section 3.

tenancy dispute—see the Residential Tenancies Act, section 3.

tribunal—see the Residential Tenancies Act, section 3.

(3) This section expires 1 year after the day it commences.

Note Transitional provisions are usually of transitional effect. They are kept with the original provisions for a limited time to ensure people are aware of them. However, the expiry of transitional provisions does not end their effect (see Legislation Act, s 88).

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

assisted tenant means a tenant under a residential tenancy agreement under which the commissioner is the lessor.

assistance plan means an assistance plan in force under this Act.

commissioner means the commissioner for housing.

Residential Tenancies Act means the Residential Tenancies Act 1997.

residential tenancy agreement—see the Residential Tenancies Act, section 3.

Presentation speech made in the Legislative Assembly on 2003.

For the latest republication of amended laws, see www.legislation.act.gov.au.

Australian Capital Territory Bills

RESIDENTIAL TENANCIES (ASSISTED TENANTS) BILL 2003