Residential Tenancies And Housing Legislation Amendment (Public Housing—Antisocial Behaviour) Bill 2015

17 September 2015

Mr ANOULACK CHANTHIVONG (Macquarie Fields) [12.20 p.m.]: I speak in debate on the Residential Tenancies and Housing Legislation Amendment (Public Housing—Antisocial Behaviour) Bill 2015. The role of a good government is to protect the innocent, to shelter the vulnerable and to help members of our community to live better lives regardless of their complex personal circumstances. Our parliamentary process—that is, the introduction of legislation and its subsequent amendment—is the tool that we in this House use to achieve these aims on the basis that the public interest should always trump political partisanship and ideology. Like many other members in this House, significant numbers of my constituents live in public and social housing. They are decent and honest people who care very much about their neighbourhood and who care just as much about their neighbours who make up their local community. I think of Gary and his family from Macquarie Fields; I think of Harry and Iris, whose small cottage makes one feel so welcome; and I think of Anne, whose family pictures adorn the walls and shelves of her lounge room. Decent, honest and caring people, all are social housing tenants.

With Sydney rents being what they are nowadays, more and more people are turning to social housing providers out of necessity for assistance and as a transitional step in times of personal difficulty. Of course, great improvements have been made over the years on many of the so-called estates that were based on the now infamous Radburn design. Improvements are focused not only on changing the physical makeup of the houses and streets but also on changing the social fabric of our neighbourhoods. Incidentally, this program of improving the estates was primarily started by my predecessor in Macquarie Fields, the Hon. Craig Knowles, when he was Minister for Housing. The program, known then as the Neighbourhood Improvement Program, was, as I recollect, largely funded by the Building Better Cities program under Federal Minister Brian Howe. It is timely in the context of the bill to point out Craig's work in formulating the Good Neighbour Policy—a policy aimed at creating and promoting harmonious communities in public housing areas.

It is appropriate for me to add here that I was most pleased to see Craig recognised for his outstanding contribution to public life with the awarding of a Member of the Order [AM] in this year's Australia Day Honours List. It is a most thoroughly deserved award and recognition for his many years of public service. While great improvements have undoubtedly been made in terms of the physical appearance of public and social housing properties, it is of course just one aspect of a tenancy. For example, there is the issue of ongoing maintenance. Now is not the time for me to list the litany of complaints that flow into my office about this issue. Suffice to say at this moment I cannot work out why the old "techno officers" and the local offices have so little control over or input into maintenance issues. This issue is a continual source of frustration for many of my constituents.

The other major aspect of a tenancy, apart from maintenance, that arises is addressed in the bill before the House—antisocial and illegal behaviour. In general terms, the principles underlying the bill are well intentioned. However, amendments are required to ensure that the innocent and the vulnerable are protected and do not become collateral damage as a result of a flawed and failed administrative process. The shadow Minister for Housing, the member for Bankstown, will shortly move those amendments. I urge the Government to join Labor and to adopt these amendments so that the innocent and the vulnerable do not suffer from a flawed bill in which the practicalities of complex and complicated personal circumstances have not been thoroughly thought out.

I receive my fair share of complaints about tenancy issues, including those relating to poor behaviour and illegal activities. The very small minority can ruin an otherwise peaceful and quiet neighbourhood. These are the peaceful and quiet neighbourhoods I see regularly around my electorate of Macquarie Fields. Let us be clear: There is no excuse for tenants behaving in a way that is contrary to their tenancy agreement or the law. They need to be dealt with in a way that is both firm and fair. However, it must be stated that being a good neighbour, respecting the rights of others, fulfilling one's obligations under a tenancy agreement, and obeying the law should not apply only to those in public or social housing. It should apply to all tenants, everywhere.

Many who are in public and social housing are there because of complex personal circumstances. Let us not simplify the issue by saying that bad behaviour, illegal activity and nuisance neighbours are found only in our more disadvantaged areas, because they are not. The other main issue I have with the bill is its bluntness. I always get a little concerned when political catchphrases like "one strike and you are out" are rolled out. They are great for the five-second media grab and the media release, but they often fail to recognise the complexity of situations. However, that is what our Parliament is for and that is what Labor's amendments are aiming to achieve. We want better protection for the innocent and greater understanding for the vulnerable. I urge the Government to work with Labor always to put the public interest ahead of its political strategy.

Other speakers on this side of the House have addressed how this approach might fail the parent who is unaware of their child's illegal activities, the grandparent in the same situation and the mother involved in a difficult relationship. The list of possible innocent victims of this approach is long and the personal and emotional consequences of incorrect decisions will endure even longer. The truth is that many in public and social housing have the most complex needs—and this is increasing, with the scarcity of public housing and the level of rents only adding to the pressure. As I have previously stated, I recognise the Minister's good intentions in this bill.

However, I cannot help but think that with a little fine-tuning those tenants who are doing the wrong thing can be appropriately dealt with, while at the same time protecting the innocent and vulnerable. That is why the discretion and the tribunal's role to review decisions are so important. It is a balanced approach to ensure that those evicted are the culprits and not innocent carers and children. Having another oversight body is good governance, especially when it involves complex circumstances for which no law and no legislation can possibility placate the real world of people in our community. Let us listen to our social housing community. Let us understand that simple one-sentence one strike administrative rules do not help the needier in our community to live better lives. Let us adopt Labor's reasonable amendments so that good government can continue to protect the innocent and shelter the vulnerable.