❓ Hon Lynn MacLaren questions the Minister for Housing regarding the application of the 'three-strikes' policy for disruptive behaviour in public housing, focusing on procedural fairness, appeals, tenant support, and mitigating circumstances. The Minister's response clarifies departmental procedures and considerations.
AnsweredQoN 1012Legislative Council
QuestionView source ↗
PUBLIC HOUSING — TENANT BEHAVIOUR —
THREE-STRIKES POLICY
1012. Hon LYNN MacLAREN to the minister representing the
Minister for Housing:
(1) Further to
the answer to question without notice 973 asked on 15 November, in which the
minister confirmed that section 75A of the Residential Tenancies Act was intended to afford procedural
fairness to social housing tenants, in what circumstances would the department
issue a section 64 ''no grounds'' termination on social housing
tenants?
(2) Can one
appeal or review the decision to issue a ''strike'' under the disruptive
behaviour management policy?
(3) If no to (2), why not?
(4) What
measures is the Department of Housing taking to balance the implementation of
the disruptive behaviour management policy with the appropriate supports to
maintain tenancies and reduce the risk of homelessness outlined in the
discussion paper on the Department of Housing's tenant support program?
(5) The
disruptive behaviour management policy provides that, ''Where strong
mitigating circumstances exist, the matter may be referred to the Executive
Director Client Services to manage the situation through alternative action.''
As such —
(a) have any tenants been managed
in this way; and, if so, how many;
(b) would being evicted to
homelessness be a mitigating circumstance; and
(c) are children considered as ''mitigating
factors'' in light of this policy?
THREE-STRIKES POLICY
1012. Hon LYNN MacLAREN to the minister representing the
Minister for Housing:
(1) Further to
the answer to question without notice 973 asked on 15 November, in which the
minister confirmed that section 75A of the Residential Tenancies Act was intended to afford procedural
fairness to social housing tenants, in what circumstances would the department
issue a section 64 ''no grounds'' termination on social housing
tenants?
(2) Can one
appeal or review the decision to issue a ''strike'' under the disruptive
behaviour management policy?
(3) If no to (2), why not?
(4) What
measures is the Department of Housing taking to balance the implementation of
the disruptive behaviour management policy with the appropriate supports to
maintain tenancies and reduce the risk of homelessness outlined in the
discussion paper on the Department of Housing's tenant support program?
(5) The
disruptive behaviour management policy provides that, ''Where strong
mitigating circumstances exist, the matter may be referred to the Executive
Director Client Services to manage the situation through alternative action.''
As such —
(a) have any tenants been managed
in this way; and, if so, how many;
(b) would being evicted to
homelessness be a mitigating circumstance; and
(c) are children considered as ''mitigating
factors'' in light of this policy?
AnswerView source ↗
I answer on behalf of Hon Peter Collier. I thank the
honourable member for some notice of this question.
The Department of Housing advises —
(1) In
circumstances where no other section of the Residential Tenancies Act 1987 is
appropriate.
(2) No.
(3) Strikes
are issued as part of an administrative process which operates within the
broader framework of the RTA. Action taken by the department in accordance with
the RTA is considered by the courts when action is initiated either by the
department or a tenant.
(4) At the time
that the decision is made to issue a strike against a tenancy, an assessment is
conducted to identify the most appropriate support services. Referrals are
offered to tenants as part of the engagement process. There are protocols in
place to ensure that the Department for Child Protection is notified of any
strike issued to a tenancy where there are children living on the premises, and
the Mental Health Commission is notified of any strike issued to a tenant with
mental health issues.
(5) (a) The department does not record the number of referred
tenancies.
(b)–(c)
The department will consider each circumstance in the context of each
individual case.
honourable member for some notice of this question.
The Department of Housing advises —
(1) In
circumstances where no other section of the Residential Tenancies Act 1987 is
appropriate.
(2) No.
(3) Strikes
are issued as part of an administrative process which operates within the
broader framework of the RTA. Action taken by the department in accordance with
the RTA is considered by the courts when action is initiated either by the
department or a tenant.
(4) At the time
that the decision is made to issue a strike against a tenancy, an assessment is
conducted to identify the most appropriate support services. Referrals are
offered to tenants as part of the engagement process. There are protocols in
place to ensure that the Department for Child Protection is notified of any
strike issued to a tenancy where there are children living on the premises, and
the Mental Health Commission is notified of any strike issued to a tenant with
mental health issues.
(5) (a) The department does not record the number of referred
tenancies.
(b)–(c)
The department will consider each circumstance in the context of each
individual case.
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