❓ Hon Lynn MacLaren questions the Minister for Housing regarding the Department of Housing's disruptive behaviour management strategy, focusing on frivolous complaints, eviction processes, and support for evicted tenants. The Minister provides data on complaints, strikes, evictions, and limitations in tracking tenant outcomes.
AnsweredQoN 1034Legislative Council
QuestionView source ↗
PUBLIC
HOUSING — TENANT BEHAVIOUR
1034. Hon LYNN MacLAREN to the
minister representing the Minister for Housing:
(1) What does
the Department of Housing do to prevent frivolous complaints from being
recorded as a strike in the implementation of the disruptive behaviour
management strategy?
(2) How many third strikes were
issued in 2012–13?
(3) How many
tenancies were terminated as a direct result of disruptive behaviour or when
disruptive behaviour was present and the tenant vacated for other reasons?
(4) Of the
remainder who were issued third strikes but not evicted or vacated, what
prevented an eviction from proceeding?
(5) Of the tenancies in (3), how
many residents did this represent?
(6) Did the
evictees in (5) seek crisis accommodation or does the department know what
accommodation the residents moved to?
(7) How many
of the residents in (5) were provided housing support or accommodation services
by the department following the termination of the tenancies or were they
ineligible?
HOUSING — TENANT BEHAVIOUR
1034. Hon LYNN MacLAREN to the
minister representing the Minister for Housing:
(1) What does
the Department of Housing do to prevent frivolous complaints from being
recorded as a strike in the implementation of the disruptive behaviour
management strategy?
(2) How many third strikes were
issued in 2012–13?
(3) How many
tenancies were terminated as a direct result of disruptive behaviour or when
disruptive behaviour was present and the tenant vacated for other reasons?
(4) Of the
remainder who were issued third strikes but not evicted or vacated, what
prevented an eviction from proceeding?
(5) Of the tenancies in (3), how
many residents did this represent?
(6) Did the
evictees in (5) seek crisis accommodation or does the department know what
accommodation the residents moved to?
(7) How many
of the residents in (5) were provided housing support or accommodation services
by the department following the termination of the tenancies or were they
ineligible?
AnswerView source ↗
I thank the honourable member for some notice of the question.
The Department of Housing advises —
(1) From 3 May
2011 to 30 November 2013, the department logged 33 446 complaints on the
disruptive behaviour reporting system. This has resulted in only 3 441 strikes,
demonstrating the rigour of the department's investigation process and
that the department will only take action when there is sufficient evidence to
demonstrate that an incident occurred. The investigation process includes
consultation with independent witnesses, WA Police and further interviews with
the complainant. A tenant is provided with sufficient opportunity to respond to
the allegations made against them; however, the department cannot compel a
tenant to respond.
(2) There were 114.
(3) There were
119 for 2012–13. Tenants can be required to vacate their property prior
to the issue of three strikes depending on the severity of the behaviour.
(4) It is
ultimately the magistrate who will decide whether an application to terminate a
tenancy agreement will be granted and in some cases these applications will be
dismissed. Dismissals can occur for various reasons including a lack of
witnesses, which often occurs due to fear of retribution. The length of time to
finalise legal action in the Magistrates Court can also affect the department's
case. There have been some instances in which adjournments and appeals have
seen matters continue for years.
(5) The
department does not record the number of household members related to tenancies
terminated as a direct result of disruptive behaviour.
(6) The department
may not be informed of where previous tenants choose to reside nor are previous
tenants obliged to provide this information.
(7) Not applicable.
The Department of Housing advises —
(1) From 3 May
2011 to 30 November 2013, the department logged 33 446 complaints on the
disruptive behaviour reporting system. This has resulted in only 3 441 strikes,
demonstrating the rigour of the department's investigation process and
that the department will only take action when there is sufficient evidence to
demonstrate that an incident occurred. The investigation process includes
consultation with independent witnesses, WA Police and further interviews with
the complainant. A tenant is provided with sufficient opportunity to respond to
the allegations made against them; however, the department cannot compel a
tenant to respond.
(2) There were 114.
(3) There were
119 for 2012–13. Tenants can be required to vacate their property prior
to the issue of three strikes depending on the severity of the behaviour.
(4) It is
ultimately the magistrate who will decide whether an application to terminate a
tenancy agreement will be granted and in some cases these applications will be
dismissed. Dismissals can occur for various reasons including a lack of
witnesses, which often occurs due to fear of retribution. The length of time to
finalise legal action in the Magistrates Court can also affect the department's
case. There have been some instances in which adjournments and appeals have
seen matters continue for years.
(5) The
department does not record the number of household members related to tenancies
terminated as a direct result of disruptive behaviour.
(6) The department
may not be informed of where previous tenants choose to reside nor are previous
tenants obliged to provide this information.
(7) Not applicable.
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