❓ A WA parliamentary question seeks detailed data on disruptive behaviour in public housing, including voluntary vacates, evictions, and the number and severity of strikes issued to tenants. The response provides limited data, citing different data collection methods and highlighting the department's focus on tenancy sustainment.
AnsweredQoN 2007Legislative Council
QuestionView source ↗
I refer to disruptive behaviour in public housing, and I ask: (a) for the year 2022-23: (i) how many voluntary vacates occurred following the issuing of a termination notice as a result of disruptive behaviour; (ii) how many voluntary vacates occurred following the issuing of a court order as a result of disruptive behaviour; and (iii) how many bailiff evictions occurred as a result of disruptive behaviour; (b) for each of the following years, how many strikes were issued, per each category of severity (dangerous, serious, or disruptive): (i) 2017-18; (ii) 2018-19; (iii) 2019-20; (iv) 2020-21; (v) 2021-22; (vi) 2022-23; and (vii) 2023-24 (to date); (c) for each of the years listed in (b), how many strikes were issued for: (i) dangerous behaviour; (ii) serious behaviour; and (iii) minor behaviour; (d) for each of the years listed in (b), how many public housing tenants had one or more strikes for dangerous behaviour; (e) for each of the years listed in (b), how many public housing tenants had two or more strikes for serious behaviour within a 12-month period; (f) for each of the years listed in (b), how many public housing tenants had two strikes for minor behaviour within a 12-month period; (g) for each of the years listed in (b), how many public housing tenants had three or more strikes for minor behaviour within a 12-month period; (h) I refer to the Disruptive Behaviour Management policy, page 3, which notes that "the number of strikes to be issued before proceeding with legal action will depend upon the severity of the incident". How many strikes can be accrued at each level of severity before legal action is triggered; and (i) will the Minister please provide any relevant documents which outline the number of strikes, per incident severity, referred to in (h)?
AnswerView source ↗
Answered
16 May 2024
Responded by
Minister for Agriculture and Food representing the Minister for Housing
Response time
8 days
a)
Public Housing State-wide Terminated Tenancies for Disruptive Behaviour for 2022-23 Financial Year (as at 30 June 2023)
Voluntary vacates following Termination Notice/ Final Strike
Voluntary vacates following Court Order
Bailiff Eviction
Total
1
20
13
34
(b - g)
The Department of Communities’ (Communities) does not capture data in the format requested.
Communities reports disruptive behaviour strike data by strike type: First Strike, Second Strike and Third Strike – as indicated in the table below.
Public Housing Statewide Disruptive Behaviour Strikes by Strike Type and Financial Year
Financial Year
First Strike
Second Strike
Third Strike
Total Strikes
2017-18
909
304
95
1,308
2018-19
871
310
96
1,277
2019-20
902
313
99
1,314
2020-21
813
311
93
1,217
2021-22
588
217
57
862
2022-23
590
206
70
866
2023-24 FYTD
489
173
48
710
(h-i)
Communities investigates all disruptive behaviour complaints in accordance with its obligations under the Residential Tenancies Act 1987 (RTA). Communities' disruptive behaviour management strategy is designed to address and manage incidents of disruptive behaviour at public housing properties that may impact on neighbouring properties. The publicly available Disruptive Behaviour Management Policy ensures the response applied is proportionate to the severity of the behaviour and encompassing circumstances. Action taken depends upon the severity of the incident.
Communities works to investigate complaints received against public housing tenancies in a consistent and timely manner in line with the RTA. It is important to note that Communities is not a law enforcement agency and does not have the power to investigate suspected illegal activities. This should be reported to the WA Police Force.
Not all complaints constitute disruptive behaviour, such as children playing around the property.
Multiple complaints may be received for a single incident, and by the same complainant or they may prove to be spurious complaints.
Complaints need to be substantiated with corroborating evidence to prove an ongoing or unreasonable nuisance or disruption has occurred.
The decision to terminate a public housing tenancy agreement sits with the Magistrate who will only grant an order for vacant possession if satisfied that there has been a breach of the tenancy agreement and that the tenant has been given every opportunity to rectify the breach and has failed to do so.
Communities seeks to support tenants to sustain their tenancy. Where a tenant is at risk of eviction, Communities will increase their contact with the client and link them with relevant support services to help address the issues impacting their tenancy and, in most cases, tenants remedy these issues. Communities works with tenants to ensure they are given every opportunity to rectify the issues impacting on their tenancy.
Communities continues to focus on sustaining tenancies. This is consistent with recommendation 13 of the Inquiry Into the Financial Administration of Homelessness Services in Western Australia – to increase the focus on prevention and early intervention of homelessness, which was supported by the majority of members on the committee.
Public Housing State-wide Terminated Tenancies for Disruptive Behaviour for 2022-23 Financial Year (as at 30 June 2023)
Voluntary vacates following Termination Notice/ Final Strike
Voluntary vacates following Court Order
Bailiff Eviction
Total
1
20
13
34
(b - g)
The Department of Communities’ (Communities) does not capture data in the format requested.
Communities reports disruptive behaviour strike data by strike type: First Strike, Second Strike and Third Strike – as indicated in the table below.
Public Housing Statewide Disruptive Behaviour Strikes by Strike Type and Financial Year
Financial Year
First Strike
Second Strike
Third Strike
Total Strikes
2017-18
909
304
95
1,308
2018-19
871
310
96
1,277
2019-20
902
313
99
1,314
2020-21
813
311
93
1,217
2021-22
588
217
57
862
2022-23
590
206
70
866
2023-24 FYTD
489
173
48
710
(h-i)
Communities investigates all disruptive behaviour complaints in accordance with its obligations under the Residential Tenancies Act 1987 (RTA). Communities' disruptive behaviour management strategy is designed to address and manage incidents of disruptive behaviour at public housing properties that may impact on neighbouring properties. The publicly available Disruptive Behaviour Management Policy ensures the response applied is proportionate to the severity of the behaviour and encompassing circumstances. Action taken depends upon the severity of the incident.
Communities works to investigate complaints received against public housing tenancies in a consistent and timely manner in line with the RTA. It is important to note that Communities is not a law enforcement agency and does not have the power to investigate suspected illegal activities. This should be reported to the WA Police Force.
Not all complaints constitute disruptive behaviour, such as children playing around the property.
Multiple complaints may be received for a single incident, and by the same complainant or they may prove to be spurious complaints.
Complaints need to be substantiated with corroborating evidence to prove an ongoing or unreasonable nuisance or disruption has occurred.
The decision to terminate a public housing tenancy agreement sits with the Magistrate who will only grant an order for vacant possession if satisfied that there has been a breach of the tenancy agreement and that the tenant has been given every opportunity to rectify the breach and has failed to do so.
Communities seeks to support tenants to sustain their tenancy. Where a tenant is at risk of eviction, Communities will increase their contact with the client and link them with relevant support services to help address the issues impacting their tenancy and, in most cases, tenants remedy these issues. Communities works with tenants to ensure they are given every opportunity to rectify the issues impacting on their tenancy.
Communities continues to focus on sustaining tenancies. This is consistent with recommendation 13 of the Inquiry Into the Financial Administration of Homelessness Services in Western Australia – to increase the focus on prevention and early intervention of homelessness, which was supported by the majority of members on the committee.
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