Assembly’s Message
Message from the Assembly notifying that it had agreed to amendments 2 to 6, 9 to 14, 16 to 20 and 24 made by the Council, and had disagreed to amendments 1, 7, 8, 15 and 21 to 23, now considered.
Committee
The Deputy Chair of Committees (Hon Adele Farina) in the chair; Hon Alannah MacTiernan (Minister for Regional Development) in charge of the bill.
Amendments 1, 7, 8, 15 and 21 to 23 made by the Council, to which amendments the Assembly had disagreed, were as follows —
No 1 - Clause 5, page 4, line 24 — To delete “fundamental”.
No 7 - Clause 12, page 10, line 25 — To delete “tradesperson; and” and substitute —
tradesperson, a copy of whose invoice the tenant must provide to the lessor within 14 days of the alterations being completed; and
No 8 - Clause 12, page 11, line 2 — To delete “so.” and substitute —
so and the restoration must be undertaken by a qualified tradesperson, a copy of whose invoice the tenant must provide to the lessor within 14 days of the restoration being completed.
No 15 - Clause 31, page 30, line 17 — To delete “fundamental”.
No 21 - Clause 35, page 34, line 25 — To delete “tradesperson; and” and substitute —
tradesperson, a copy of whose invoice the long-stay tenant must provide to the park operator within 14 days of the alterations being completed; and
No 22 - Clause 35, page 34, line 32 — To delete “so.” and substitute —
so and the restoration must be undertaken by a qualified tradesperson, a copy of whose invoice the tenant must provide to the park operator within 14 days of the restoration being completed.
No 23 - Clause 35, page 34, after line 32 — To insert —
(6) The long-stay tenant must give notice of the prescribed alterations to the park operator within 14 days after the alterations have been completed.
The DEPUTY CHAIR: I will deal with each amendment the Legislative Assembly disagreed to in turn.
[Speeches and comments from various members]
Hon ALISON XAMON: I rise to ask some questions and get further clarification on this amendment. I note that this amendment is the result of considerable discussion behind the chair and the goodwill that has been shown across the chamber—I include the government in that—to ensure that this legislation can move forward. I believe every member of this place wants to improve the supports for people who find themselves in this situation, in particular women. I am aware that during the discussion behind the chair, concerns were raised about how the word “ invoice” will be interpreted. I share those concerns. I am seeking further clarification about how that word could potentially be interpreted. In some situations, an invoice would be fairly straightforward. As was mentioned by Hon Rick Mazza, the work may be required to be undertaken by people with special expertise, such as electricians. I note that the provisions in this bill do not override the Electrical Safety Act, nor, indeed, the provisions relating to working with hazardous materials such as asbestos. I recognise that for that work to be undertaken, there is a legal requirement that particular certification is to be handed over by the qualified tradesperson. This provision simply requires that the paperwork is to be handed to the owner within a particular time frame, so that they have a record of the work, particularly electrical work, that has been undertaken at those premises.
What is less clear is when work is undertaken that does not necessarily require someone with specified expertise. We note that the substantive legislation as put forward by the government, and I understand this particular provision, arose as part of the government’s original negotiation with real estate agents, and requires that any additional installations or upgrades to a house are done by qualified tradespeople—that is, people with professional qualifications. The question I have is around how we are going to define an invoice for work done by people on a pro bono basis. For example, some organisations specifically assist women and children who are experiencing situations of domestic and family violence and need support. Those organisations may have pro bono professional people who can assist with making upgrades to homes and, as a result, no money will change hands. Can I please have it confirmed that if a piece of paper is produced that confirms that particular work has been done by somebody who has the necessary qualifications—that may be a regular tradesperson—that will be sufficient to qualify as an invoice for the purposes of meeting the requirements of this amendment?
Hon ALANNAH MacTIERNAN: Yes. That is certainly the interpretation that we would want to follow. I understand that when Hon Rick Mazza moved and argued for the amendment, he was very conscious that the invoice should also cover pro bono work, and that the invoice really constituted a statement of the work having been done by that person.
Hon ALISON XAMON: I thank the minister for the additional clarification. In the event that a tradesperson, paid or unpaid, fails to provide an invoice, how is it anticipated that the renter will be able to comply with the provisions in this amendment?
Hon ALANNAH MacTIERNAN: As I read the clause, it says that where there is an invoice, of whatever nature, that invoice is to be provided.
Hon ALISON XAMON: Can I confirm that if an invoice is never produced by the person who undertook that work, it will be deemed that the renter has not breached their obligation?
Hon ALANNAH MacTIERNAN: I think that would be the natural reading of the amendment.
Hon ALISON XAMON: If a renter has received a receipt but, for whatever reason, is unable to or does not hand that over to the lessor, will any penalties flow from that; and, if so, what will those penalties be?
Hon ALANNAH MacTIERNAN: The point is that they would be in breach of the act generally. They would be in breach of their lease. Under the structure of this legislation, a person is required to meet the terms of their tenancy agreement. This creates a set of exceptions that allows a person to do something as a statutory right, but requires that, as part of that statutory right, where they have an invoice, they are to provide that invoice. If they fail to do that, one would argue that their statutory protection might fail.
[Speeches and comments from various members]
Hon ALISON XAMON: I rise to get further clarification about this amendment. I am concerned to hear about conversations that occurred in the other place that make reference to similar provisions to this attracting a penalty and what sounds like a quite onerous and over-the-top response in the event of breach. I of course recognise that members in the other place did not have the benefit at the time of being able to view the specific amendment in front of us today. I am concerned to ensure that any future interpretations of the specifics of this provision are simply viewed as a result of discussions in this place and not as a result of any discussions that may have occurred in response in the other place. As such, I wish to get confirmation that my understanding of the way that this will operate is correct; that is, when receipts are provided for work having been done, the tenant has the responsibility to simply hand those invoices, those receipts, to the lessor and that in the event that an official receipt is not provided, that simply confirmation by the person who has undertaken the work that they have undertaken it will suffice for the purpose of being defined as an invoice, and that this provision will apply when invoices have actually been provided. I also want to confirm that in the event that an invoice is not supplied, it may constitute a breach of the tenancy, but no specific penalty flows.
Hon ALANNAH MacTIERNAN: I just want to clarify that I think in relation to that last matter, if the tenant does not comply with the obligation set out, which is to provide a copy of an invoice to the lessor, it could constitute a breach of the Residential Tenancies Act, but even though it is a breach of the act, there is no penalty attached to it.
Question put and passed; the Council’s amendment insisted on.
[Speeches and comments from various members]
Question put and passed; the Council’s amendment not insisted on.
Report
Resolutions reported, the report adopted, and a message accordingly returned to the Assembly.