Briefing Paper: Public Housing – Antisocial Behaviour Bill 2015

The Residential Tenancies and Housing Legislation Amendment (Public Housing – Antisocial Behaviour) Bill 2015 has been passed, with amendments, in the Legislative Assembly. It must now be considered in the Legislative Council.

The Bill proposes to amend the Residential Tenancies Act 2010 to introduce ‘one-strike’ and ‘three-strike’ eviction schemes for social housing tenancies; allow anonymous statements about neighbours to be provided to social housing landlords; and influence the way evidence is presented and considered in NCAT for matters concerning social housing tenancies.

In practical terms, these changes will remove NCAT’s ability to act as the independent dispute resolution forum in cases involving social housing tenancies. If passed, the bill will render NCAT incapable of delivering just outcomes in many cases. Rather than consider and determine social housing tenancy disputes as the independent arbiter, NCAT will be reduced to an administrative tool for social housing landlords.

This Briefing Paper looks at the Bill in detail. It considers the Government's amendments and the Opposition's proposed amendments.