❓ A WA parliamentary question on notice addresses concerns about the Department of Housing's handling of anti-social behaviour complaints against tenants, particularly regarding investigation timeframes, the 'three strikes' policy, and community protection. The Minister's response defends the current policy and highlights recent investments in the Disruptive Behaviour Management Unit.
AnsweredQoN 278Legislative Assembly
QuestionView source ↗
(1) What is the average time frame the Department of Housing takes to investigate allegations regarding anti-social behaviour against tenants? (2) How many complaints against an unruly tenant need to be made before the Department of Housing will act and start an investigation? (3) When investigating allegations of anti-social behaviour of a tenant, does the Department of Housing liaise with local police as part of their investigation? (4) If no to (3) why not? (5) If yes to (3) what information is sought and how is this information used in the investigation? (6) If during the investigation period of a tenant more complaints are made regarding anti-social behaviour against that tenant, do those complaints become part of that investigation, or are they used for a further investigation after the first strike has been issued? (7) Does the three strikes policy potentially allow a tenant with ongoing complaints made against them and who is continuously disrupting their community, to continue their disruptive actions until two further investigations are carried out and two further strikes are issued within a 12 month period? (8) Does the three strikes policy provide a fair and speedy response to protect the wider community with regard to ongoing antisocial behavior emanating from Department of Housing tenants? (9) Will the Minister commit to review the three strikes policy to better protect the wider community from recidivist offenders in a much timelier manner than is currently available, and if not, why not? (10) Why do my constituents have to wait so long to have issues with violent and disruptive tenants dealt with?
AnswerView source ↗
Answered
25 June 2013
Responded by
Minister for Housing
Response time
33 days
The Department of Housing advises:
(1) The average timeframe to finalise a complaint is 30 days.
(2) The Department will investigate all complaints that represent a potential breach of the
Residential Tenancies Act 1987
(RTA).
(3) Yes. The Department has a Memorandum of Understanding with WA Police.
(4) Not applicable
(5) The Department can seek information on WA Police callouts to the property that are in relation to the incident subject to the complaint. This information can be used as evidence to confirm an incident.
(6) All complaints are investigated, however, subsequent complaints received prior to the initial complaint being substantiated would not result in action. Complaints received after action has been taken against a tenancy would be eligible for further action. The principles of procedural fairness require that when a notice is issued for a substantiated complaint the tenant is informed of the breach of tenancy and given the opportunity to rectify their behaviour.
(7) In instances of substantiated disruptive behaviour the Department will determine the severity of the behaviour as minor, serious or dangerous. For minor and serious incidents, tenants will receive a strike notice and, depending on the type and frequency of the behaviour, legal action will follow.
If
Minor Disruptive Behaviour is
substantiated, a strike will be issued for each substantiated incident. Legal action will proceed if three strikes are issued within a period of 12 months.
If
Serious Disruptive Behaviour is substantiated, a s
trike will be issued following one substantiated incident. Legal action will proceed if one subsequent incident, of the same severity, occurs within a period of 12 months.
For dangerous behaviour, immediate legal action commences.
(8) The Disruptive Behaviour Management policy is applied in a manner which takes into account the circumstances of each case and delivers outcomes that are reasonable and fair.
The Department is applying the strategy within the provisions of the
Residential Tenancies Act 1987
. In July 2012, amendments to the Act came into effect and provide the Department with specific powers to impose strong, consistent tenancy sanctions in response to disruptive behaviour and provide the opportunity to terminate a tenancy where these issues are ongoing.
(9) In May 2012, the Liberal-National Government announced an additional $3 million per year (over a four year period) to permanently establish and expand the Disruptive Behaviour Management Unit. The Department has recently finalised the recruitment of an additional 35 staff. My approach will be to wait and see the outcome of this.
(10 Public housing tenants are held accountable for behaviour that causes disruption to persons in the immediate vicinity and the Department's response is proportionate to the severity of the behaviour.
It is ultimately the Magistrate who will determine whether a breach has occurred and whether the severity of the behaviour justifies terminating the agreement.
(1) The average timeframe to finalise a complaint is 30 days.
(2) The Department will investigate all complaints that represent a potential breach of the
Residential Tenancies Act 1987
(RTA).
(3) Yes. The Department has a Memorandum of Understanding with WA Police.
(4) Not applicable
(5) The Department can seek information on WA Police callouts to the property that are in relation to the incident subject to the complaint. This information can be used as evidence to confirm an incident.
(6) All complaints are investigated, however, subsequent complaints received prior to the initial complaint being substantiated would not result in action. Complaints received after action has been taken against a tenancy would be eligible for further action. The principles of procedural fairness require that when a notice is issued for a substantiated complaint the tenant is informed of the breach of tenancy and given the opportunity to rectify their behaviour.
(7) In instances of substantiated disruptive behaviour the Department will determine the severity of the behaviour as minor, serious or dangerous. For minor and serious incidents, tenants will receive a strike notice and, depending on the type and frequency of the behaviour, legal action will follow.
If
Minor Disruptive Behaviour is
substantiated, a strike will be issued for each substantiated incident. Legal action will proceed if three strikes are issued within a period of 12 months.
If
Serious Disruptive Behaviour is substantiated, a s
trike will be issued following one substantiated incident. Legal action will proceed if one subsequent incident, of the same severity, occurs within a period of 12 months.
For dangerous behaviour, immediate legal action commences.
(8) The Disruptive Behaviour Management policy is applied in a manner which takes into account the circumstances of each case and delivers outcomes that are reasonable and fair.
The Department is applying the strategy within the provisions of the
Residential Tenancies Act 1987
. In July 2012, amendments to the Act came into effect and provide the Department with specific powers to impose strong, consistent tenancy sanctions in response to disruptive behaviour and provide the opportunity to terminate a tenancy where these issues are ongoing.
(9) In May 2012, the Liberal-National Government announced an additional $3 million per year (over a four year period) to permanently establish and expand the Disruptive Behaviour Management Unit. The Department has recently finalised the recruitment of an additional 35 staff. My approach will be to wait and see the outcome of this.
(10 Public housing tenants are held accountable for behaviour that causes disruption to persons in the immediate vicinity and the Department's response is proportionate to the severity of the behaviour.
It is ultimately the Magistrate who will determine whether a breach has occurred and whether the severity of the behaviour justifies terminating the agreement.
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