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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Residential Tenancies Amendment (Social
Housing) Bill 2018
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Residential Tenancies Act 2010 No 42 3
Schedule 2 Amendment of Housing Act 2001 No 52 6
Schedule 3 Amendment of Residential Tenancies Regulation 2010 10
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Residential Tenancies Amendment (Social
Housing) Bill 2018
Act No , 2018
An Act to amend the Residential Tenancies Act 2010 and the Housing Act 2001 with respect to
social housing tenancy agreements; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Residential Tenancies Amendment (Social Housing) Act 2018.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
Schedule 1 Amendment of Residential Tenancies Act 2010
No 42
[1] Section 154FA
Insert before section 154G:
154FA Termination by Tribunal in certain cases of tenant fraud
(1) This section applies to social housing tenancy agreements under which the
landlord is the New South Wales Land and Housing Corporation.
(2) The Tribunal must, on application by the landlord, make a termination order if
it is satisfied that the tenant has been found guilty of an offence under
section 69 or 69A of the Housing Act 2001.
(3) Before making an application, the landlord must advise the tenant, by notice
in writing, of the decision to do so and the grounds on which the application is
to be made. However, the landlord may make an application under this section
without giving the tenant a termination notice.
(4) The Tribunal may make a termination order under this section that takes effect
before the end of the fixed term if the social housing tenancy agreement is a
fixed term agreement.
(5) The Tribunal is not required to make a termination order under this section if
the tenant satisfies the Tribunal that there are exceptional circumstances that
justify the order not being made.
(6) If the Tribunal does not make a termination order as a consequence of
subsection (5), the Tribunal must provide written reasons for the decision.
[2] Part 7, Division 8
Insert after section 156B:
Division 8 Rental bonds
156C Termination notice for non-payment of rental bond
(1) This section applies to social housing tenancy agreements under which the
landlord is the New South Wales Land and Housing Corporation or the
Aboriginal Housing Office.
(2) A landlord may give a termination notice to a tenant if the tenant fails to pay
all or part of a rental bond.
(3) A termination notice may be given under this section whether the tenant was
required to pay the rental bond at the time the tenant entered into the social
housing tenancy agreement or at a later time.
(4) The termination notice must specify a termination date that is not earlier than
14 days after the day on which the notice is given.
(5) The termination notice may specify a termination date that is before the end of
the fixed term of the social housing tenancy agreement if it is a fixed term
agreement.
(6) Sections 88 and 89 (1)-(4) apply to a failure to pay a rental bond in the same
way as they apply to a failure to pay rent under a residential tenancy
agreement. For that purpose, a reference in those sections to rent is to be read
as a reference to a rental bond and a reference to a non-payment termination
notice is to be read as a termination notice under this section.
Page 3
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
156D Payment of rental bond during social housing tenancy agreements
(1) This section applies to social housing tenancy agreements under which the
landlord is the New South Wales Land and Housing Corporation or the
Aboriginal Housing Office.
(2) A landlord may, at any time before the end of a social housing tenancy
agreement, require the tenant to pay a rental bond in accordance with Part 8.
Note. Part 8 applies to a rental bond required to be paid under this section in the same
way as it applies to a rental bond required to be paid under the original terms of a
residential tenancy agreement.
(3) A tenant may be required to pay a rental bond under this section only if:
(a) the tenant did not pay a rental bond at the time the tenant entered into
the social housing tenancy agreement, and
(b) the tenant belongs to a class of tenant specified in the rental bond
guidelines, and
(c) the tenant is given a written notice by the landlord or the landlord's
agent specifying the amount of the rental bond payable and the day by
which it must be paid, and
(d) the notice is given at least 14 days before the rental bond is payable, and
(e) the amount of the rental bond is determined in accordance with the
rental bond guidelines.
(4) This section does not affect the right of a landlord under Part 8 to require a
tenant to pay a rental bond at the time the tenant enters into a residential
tenancy agreement.
(5) The rental bond guidelines are to be made publicly available.
(6) A copy of the rental bond guidelines is to be provided, on request, to any tenant
to which this section applies free of charge and to other persons either free of
charge or on payment of reasonable copying charges.
(7) In this section, rental bond guidelines means any guidelines approved by the
Minister for the purposes of this section.
[3] Section 162 Deposit of rental bonds
Insert "or at any time after" after "commencing on" in section 162 (2).
[4] Schedule 2 Savings, transitional and other provisions
Omit clause 1 (1). Insert instead:
(1) The regulations may contain provisions of a savings or transitional nature
consequent on the enactment of this Act or any Act that amends this Act.
[5] Schedule 2
Insert after Part 5:
Part 6 Provisions consequent on enactment of Residential
Tenancies Amendment (Social Housing) Act 2018
19 Definition
In this Part, amending Act means the Residential Tenancies Amendment
(Social Housing) Act 2018.
Page 4
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
20 Termination orders in tenant fraud cases
Section 154FA, as inserted by the amending Act, applies only in respect of a
tenant who, after the insertion of that section, is found guilty of an offence
under section 69 or 69A of the Housing Act 2001, whether the offence was
committed before or after the insertion.
21 Rental bonds in social housing tenancy agreements
Division 8 of Part 7 of this Act, as inserted by the amending Act, extends to a
social housing tenancy agreement under which the landlord is the New South
Wales Land and Housing Corporation or the Aboriginal Housing Office that
was entered into before the insertion of that Division.
Page 5
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
Schedule 2 Amendment of Housing Act 2001 No 52
Schedule 2 Amendment of Housing Act 2001 No 52
[1] Section 58A Definitions
Insert in alphabetical order:
approved community housing provider means a registered community
housing provider approved by the Minister for the purposes of this Part.
relevant authority means:
(a) in the case of a tenant renting public housing--the Secretary, or
(b) in the case of a tenant renting housing subject to a concurrent lease to
an approved community housing provider--the approved community
housing provider.
[2] Section 58B Termination of lease of registrable person in certain circumstances
Insert after section 58B (1):
(1A) An approved community housing provider may, on the recommendation of the
Commissioner of Police, by written order terminate the lease of a tenant who
is renting housing subject to a concurrent lease to the approved community
housing provider and who is a registrable person.
(1B) An approved community housing provider may make an order under this
section only with the approval of the Secretary.
[3] Sections 58B (2) and (3) and 58D (2)
Omit "public" wherever occurring.
[4] Section 58B (4)
Omit "of the Secretary".
[5] Section 58B (4) (a) and (b)
Insert "or the approved community housing provider (as the case requires)" after
"Corporation" wherever occurring.
[6] Section 58C Provision of alternative housing
Omit "Secretary" wherever occurring. Insert instead "relevant authority".
[7] Section 58C (1)
Insert "or housing subject to a concurrent lease" after "public housing".
[8] Section 58D No compensation payable
Omit "Secretary" from section 58D (2). Insert instead "relevant authority".
[9] Section 58F Protection of exercise of functions under this Part
Omit section 58F (1). Insert instead:
(1) This section applies to a function (a protected function) conferred or imposed
on any of the following persons (protected persons) by or under this Part:
(a) the Secretary (including a delegate of the Secretary),
(b) the Commissioner of Police (including a delegate of the
Commissioner),
(c) an approved community housing provider.
Page 6
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
Schedule 2 Amendment of Housing Act 2001 No 52
[10] Section 69 False or misleading statements
Omit section 69 (1). Insert instead:
(1) A person is guilty of an offence if the person:
(a) makes a statement (whether orally, in a document or in any other way)
knowing that the statement:
(i) is false or misleading, or
(ii) omits any matter or thing without which the statement is
misleading, and
(b) the statement is made to:
(i) obtain or claim a benefit from the Corporation or the Secretary, or
(ii) deceive any member of staff of the Corporation or the
Department in relation to obtaining a benefit from the
Corporation or the Secretary, or
(iii) affect the rate or amount of benefit from the Corporation or the
Secretary.
Maximum penalty: 3 months imprisonment or 20 penalty units, or both.
[11] Section 69 (2)
Omit "from the Corporation accommodation or any rental rebate or any other advantage or
concession".
Insert instead "a benefit from the Corporation or the Secretary".
[12] Section 69 (4)
Insert after section 69 (3):
(4) In this section:
benefit means any accommodation, rental rebate, rental subsidy or any other
advantage or concession.
[13] Section 69A Failure to notify of change of circumstances
Omit "Corporation" wherever occurring in section 69A (1) and (2).
Insert instead "appropriate body".
[14] Section 69A (3)
Insert in alphabetical order:
appropriate body means:
(a) in the case of a benefit from the Corporation--the Corporation, or
(b) in the case of a benefit from the Secretary--the Secretary.
[15] Section 69A (3), definition of "benefit"
Omit the definition. Insert instead:
benefit has the same meaning as it has in section 69.
[16] Section 69B Access to information for preventing, investigating or prosecuting fraud
Insert "or the Secretary" after "Corporation" where firstly occurring in section 69B (1).
Page 7
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
Schedule 2 Amendment of Housing Act 2001 No 52
[17] Section 69B (1)
Insert "or the Secretary (as the case requires)" after "Corporation" where secondly
occurring.
[18] Section 69B (2) and (3)
Insert "or the Secretary" after "Corporation" wherever occurring.
[19] Section 69C Power to obtain information, documents and evidence to prevent or
investigate fraud
Insert "or the Secretary" after "Corporation" where firstly occurring in section 69C (1).
[20] Section 69C (1)
Insert "or the Secretary (as the case requires)" after "Corporation" where secondly
occurring.
[21] Section 69C (2)
Insert "or the Secretary" after "Corporation" wherever occurring.
[22] Section 73 Recovery of amounts due to Corporation and Secretary
Insert after section 73 (2):
(3) The Secretary may, by written notice, require a person to repay an amount paid
to the person (or on the person's behalf) by the Secretary by way of a rental
subsidy if the Secretary is satisfied that the person is not entitled to the amount
because the person obtained the amount by fraud.
(4) Any such amount is recoverable by the Secretary as a debt due to the Crown.
[23] Section 74 Proceedings for offences
Insert ", except as provided for by subsection (2A)" after "Corporation" in section 74 (2).
[24] Section 74 (2A)
Insert after section 74 (2):
(2A) A prosecution or proceeding in respect of an offence against section 69, 69A
or 69C that relates to a benefit from the Secretary or fraud against the Secretary
may be instituted by or on behalf of the Secretary.
[25] Section 74 (3)-(5)
Insert "or the Department" after "Corporation" wherever occurring.
[26] Schedule 3 Savings, transitional and other provisions
Insert after Part 5:
Part 6 Provisions consequent on enactment of Residential
Tenancies Amendment (Social Housing) Act 2018
19 Definition
In this Part, amending Act means the Residential Tenancies Amendment
(Social Housing) Act 2018.
Page 8
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
Schedule 2 Amendment of Housing Act 2001 No 52
20 Housing of registrable persons
Part 7A of this Act, as amended by the amending Act, extends to a concurrent
lease entered into under section 13A before the commencement of those
amendments.
21 Failure to notify Secretary of change of circumstances
(1) Section 69A, as amended by the amending Act, extends to a change in a
person's circumstances that occurred before the commencement of the
amendment but only if the change continues to affect the person's entitlement
to a rental subsidy or any other advantage or concession from the Secretary
after the commencement of the amendment.
(2) A change in circumstances referred to in subclause (1) must be notified to the
Secretary within 28 days after the commencement of the amendment to
section 69A.
22 Recovery of amounts due to Secretary
Section 73 (3) and (4), as inserted by the amending Act, extend to any amount
paid by the Secretary by way of a rental subsidy before the insertion of those
subsections.
Page 9
Residential Tenancies Amendment (Social Housing) Bill 2018 [NSW]
Schedule 3 Amendment of Residential Tenancies Regulation 2010
Schedule 3 Amendment of Residential Tenancies Regulation
2010
Clause 13
Insert before clause 14:
13 New South Wales Land and Housing Corporation and Aboriginal Housing
Office not required to use online rental bond service
The New South Wales Land and Housing Corporation and the Aboriginal
Housing Office are exempt from the operation of section 159 (1A) of the Act.
Page 10
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