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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Housing Amendment (Registrable
Persons) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Housing Act 2001 No 52 3
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, , 2009
New South Wales
Housing Amendment (Registrable
Persons) Bill 2009
Act No , 2009
An Act to amend the Housing Act 2001 with respect to the housing of registrable
persons under the Child Protection (Offenders Registration) Act 2000.
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.
Clause 1 Housing Amendment (Registrable Persons) Bill 2009
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Housing Amendment (Registrable Persons) Act 2009.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Housing Amendment (Registrable Persons) Bill 2009
Amendment of Housing Act 2001 No 52 Schedule 1
Schedule 1 Amendment of Housing Act 2001 No 52
[1] Part 7A
Insert after Part 7:
Part 7A Housing of registrable persons
58A Definitions
In this Part:
registrable person has the meaning that it has in the Child
Protection (Offenders Registration) Act 2000, and includes a
corresponding registrable person within the meaning of that Act.
termination of a lease includes the termination of any right of a
tenant to hold over (however arising) after the expiry of the
period of the lease.
58B Termination of lease of registrable person in certain
circumstances
(1) The Director-General may, on the recommendation of the
Commissioner of Police, by written order terminate the lease of a
tenant who is renting public housing and who is a registrable
person.
(2) The Commissioner of Police may make a recommendation under
this section only if the Commissioner considers that the presence
of the tenant at the public housing places any neighbours in the
locality or the tenant at risk of being physically harmed or
injured.
(3) On termination of the lease, the tenant must vacate the public
housing the subject of the lease.
(4) An order of the Director-General under this section terminating a
lease operates:
(a) to give the New South Wales Land and Housing
Corporation an immediate right to exclusive possession of
the premises concerned, and
(b) to authorise any police officer, using such force as is
reasonably necessary, to enter the premises concerned and
take such steps as are reasonably necessary in order to give
the Corporation possession of the premises.
(5) This section extends to a lease entered into before the
commencement of this Part.
Page 3
Housing Amendment (Registrable Persons) Bill 2009
Schedule 1 Amendment of Housing Act 2001 No 52
58C Provision of alternative housing
(1) On termination of a lease under this Part, the Director-General
must ensure alternative housing (whether or not public housing)
is made available to the tenant.
(2) The Director-General is required to ensure that alternative
housing continues to be made available to the registrable person
for so long as the person would have been a tenant under the
terminated lease (subject to compliance by the registrable person
with the terms and conditions under which the alternative
housing is provided).
58D No compensation payable
(1) No act or omission of a person in good faith in purported
administration or execution of this Part gives rise to any civil
liability against:
(a) the person, or
(b) the State or an authority of the State.
(2) However, the Director-General must ensure that the tenant is
repaid any rent, fee or charges for occupying the public housing
referable to a period after termination of the lease under this Part.
58E Certain termination provisions do not apply to termination under
this Part
Part 5 of the Residential Tenancies Act 1987 does not apply to or
in respect of the termination of a lease under this Part.
58F Protection of exercise of functions of Director-General and
Commissioner of Police under this Part
(1) This section applies to a function (a protected function)
conferred or imposed on the Director-General or the
Commissioner of Police, including a delegate of the
Director-General or Commissioner of Police, (a protected
person) by or under this Part.
(2) The exercise by any protected person of any protected function
may not be:
(a) challenged, reviewed, quashed or called into question
before any court of law or administrative review body in
any proceedings, or
(b) restrained, removed or otherwise affected by any
proceedings.
Page 4
Housing Amendment (Registrable Persons) Bill 2009
Amendment of Housing Act 2001 No 52 Schedule 1
(3) Without limiting subsection (2), that subsection applies whether
or not the proceedings relate to any question involving
compliance or non-compliance, by a protected person, with the
provisions of this Act or the rules of natural justice (procedural
fairness).
(4) Accordingly, no court of law or administrative review body has
jurisdiction or power to consider any question involving
compliance or non-compliance, by the protected person, with
those provisions or with those rules so far as they apply to the
exercise of any protected function.
(5) This section has effect despite any provision of this Act or other
legislation or any other law (whether written or unwritten).
(6) In this section:
exercise of functions includes:
(a) the purported exercise of functions, and
(b) the non-exercise or improper exercise of functions, and
(c) the proposed, apprehended or threatened exercise of
functions.
proceedings includes:
(a) proceedings for an order in the nature of prohibition,
certiorari or mandamus or for a declaration or injunction or
for any other relief, and
(b) without limiting paragraph (a), proceedings in the exercise
of the inherent jurisdiction of the Supreme Court or the
jurisdiction conferred by section 23 of the Supreme Court
Act 1970,
but does not include any investigation or proceedings under the
Independent Commission Against Corruption Act 1988.
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Housing Amendment (Registrable Persons) Act 2009
Page 5
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