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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Residential Tenancies Amendment
(Public Housing) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Residential Tenancies Act 1987 No 26 2
Schedule 1 Amendments 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, , 2004
New South Wales
Residential Tenancies Amendment
(Public Housing) Bill 2004
Act No , 2004
An Act to amend the Residential Tenancies Act 1987 to make further provision
with respect to public housing tenancies; 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.
Chairman of Committees of the Legislative Assembly.
Clause 1 Residential Tenancies Amendment (Public Housing) Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Residential Tenancies Amendment (Public Housing)
Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Residential Tenancies Act 1987 No 26
The Residential Tenancies Act 1987 is amended as set out in
Schedule 1.
Page 2
Residential Tenancies Amendment (Public Housing) Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
acceptable behaviour agreement--see section 35A.
public housing tenancy agreement means a residential
tenancy agreement under which residential premises are let by
the New South Wales Land and Housing Corporation, but
does not include housing let to a person in accordance with
the HomeFund Restructuring Act 1993 or that is substituted
for housing let in accordance with that Act.
[2] Section 14A
Insert after section 14:
14A Special provisions relating to public housing tenancies
(1) The New South Wales Land and Housing Corporation may,
by notice in writing given to a tenant under a public housing
tenancy agreement the fixed term of which has ended, declare
that the agreement is subject to a further fixed term specified
in the notice from such date as is specified in the notice.
(2) At the end of a fixed term declared under subsection (1) in
relation to an agreement:
(a) any term of the agreement that provides for the
continuation of the agreement applies, or
(b) if the agreement contains no such term--section 14
applies.
(3) A declaration may be made under subsection (1) in relation to
an agreement on more than one occasion.
(4) The Minister may, from time to time, publish in the Gazette a
policy in relation to the continuation of public housing
tenancy agreements, including in relation to the making of a
declaration by the Corporation under subsection (1).
(5) This section has effect despite any other provision of this Act.
Page 3
Residential Tenancies Amendment (Public Housing) Bill 2004
Schedule 1 Amendments
[3] Part 3, Division 3
Insert after Division 2 of Part 3:
Division 3 Acceptable behaviour agreements
35A Acceptable behaviour agreements for public housing tenants
(1) The New South Wales Land and Housing Corporation may,
by notice in writing given to a tenant under a public housing
tenancy agreement, request the tenant to give a written
undertaking (referred to in this Act as an acceptable
behaviour agreement), in the terms specified in the notice,
not to engage in specified anti-social behaviour on any of the
following:
(a) the premises to which the tenancy agreement relates,
(b) any property adjoining or adjacent to those premises
(including any property that is available for use by the
tenant in common with others).
(2) The operation of an acceptable behaviour agreement extends
to the behaviour of any other person occupying (or jointly
occupying) the premises with the consent of the tenant
(a lawful occupier). Accordingly, if any such lawful occupier
engages in any anti-social behaviour that is specified in the
agreement, the tenant is taken to have engaged in the
behaviour and breached the agreement.
(3) The Corporation may request a tenant to enter into an
acceptable behaviour agreement under subsection (1) only if
the Corporation is of the opinion that, based on:
(a) the history of the tenancy concerned, or
(b) the history of any prior tenancy under a public housing
tenancy agreement entered into by the tenant and the
Corporation,
the tenant, or a lawful occupier of the premises to which the
tenancy relates, is likely to engage in anti-social behaviour on
those premises or any property adjoining or adjacent to those
premises (including any property that is available for use by
the tenant in common with others).
Page 4
Residential Tenancies Amendment (Public Housing) Bill 2004
Amendments Schedule 1
(4) In making a request under subsection (1), the Corporation
must inform the tenant that if:
(a) the tenant fails or refuses to enter into an acceptable
behaviour agreement as requested, or
(b) the tenant, after entering into such an agreement,
seriously or persistently breaches the terms of the
agreement,
the Corporation may give notice of the termination of the
tenancy agreement entered into by the Corporation and the
tenant.
(5) An acceptable behaviour agreement is of no effect unless the
Corporation has complied with subsection (4) in relation to
the agreement.
(6) In this section, a reference to anti-social behaviour includes a
reference to emission of excessive noise, littering, dumping of
cars, vandalism and defacing of property.
[4] Section 57A
Insert after section 57:
57A Notice of termination of public housing tenancy agreement--
acceptable behaviour agreements
(1) The New South Wales Land and Housing Corporation may
give notice of the termination of a public housing tenancy
agreement to the tenant on either of the following grounds:
(a) the tenant has failed or refused to enter into an
acceptable behaviour agreement as requested by the
Corporation,
(b) the tenant has seriously or persistently breached the
terms of an acceptable behaviour agreement.
(2) A notice of termination given under this section is not to
specify a day earlier than 14 days after the day on which the
notice is given as the day on which vacant possession of the
premises to which the tenancy agreement relates is to be
delivered up to the Corporation.
Page 5
Residential Tenancies Amendment (Public Housing) Bill 2004
Schedule 1 Amendments
(3) A notice of termination given under this section of a tenancy
agreement that creates a tenancy for a fixed term is not
ineffective because the day specified as the day on which
vacant possession of the premises to which the tenancy
agreement relates is to be delivered up to the Corporation is
earlier than the day the term ends.
[5] Section 64 Application to Tribunal by landlord for termination and
order for possession
Insert after section 64 (2):
(2A) The Tribunal is, on application by the New South Wales Land
and Housing Corporation on a ground referred to in section
57A, to make an order terminating the agreement if:
(a) in the case of the ground referred to in section 57A
(1) (a):
(i) the Corporation has requested, in accordance
with section 35A, that the tenant enter into an
acceptable behaviour agreement, and
(ii) the Tribunal is satisfied that the tenant has failed
or refused to do so, or
(b) in the case of the ground referred to in section 57A
(1) (b):
(i) the Tribunal is satisfied that the tenant has
entered into an acceptable behaviour agreement,
and
(ii) the tenant has failed to satisfy the Tribunal that
the tenant has not seriously or persistently
breached the terms of that agreement.
[6] Section 64 (4) (e)
Insert ", including, if the tenant is a tenant under a public housing tenancy
agreement, any prior tenancy of the tenant arising under any such
agreement" after "concerned".
[7] Section 64 (7)
Insert "or 68A" after "section 68".
Page 6
Residential Tenancies Amendment (Public Housing) Bill 2004
Amendments Schedule 1
[8] Section 68A
Insert after section 68:
Tribunal may terminate public housing tenancy agreement
68A
for threat, abuse, intimidation or harassment
(1) The Tribunal may, on application by the New South Wales
Land and Housing Corporation under a public housing
tenancy agreement, make an order terminating the agreement
if it is satisfied that the tenant has:
(a) seriously or persistently threatened or abused any
member of staff of the Department of Housing, or
(b) intentionally engaged in conduct in relation to any such
member of staff that would be reasonably likely to
cause the member of staff to be intimidated or harassed
(whether or not any abusive language or threat has been
directed towards the member of staff).
(2) If the Tribunal makes an order terminating an agreement
under this section, the Tribunal is to also make an order for
possession of the premises to which the agreement relates
taking effect immediately.
[9] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Residential Tenancies Amendment (Public Housing) Act 2004
Page 7
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