Public Housing Law Reform in Queensland

Monday 9 December 2013 @ 12.42 p.m. | Legal Research

The Newman Government has released a media report indicating it plans to change the so-called generous public housing rules that allowed publically subsidised housing properties to be vacant for up to a year while tenants enjoyed extended holidays or served prison terms. Housing Minister Tim Mander said under Labor’s rules, tenants could take getaways of up to 12 months without putting their tenancies at risk.

“These houses are there to house the most vulnerable members of society. They’re no good to anyone sitting there empty. This Government promised to revitalise frontline services, something that’s particularly important when we’re dealing with families on low or modest incomes.”

According to Mr Mander, for the last financial year alone public housing tenants were away 285 times for periods between 3-12 months and were absent from their taxpayer subsidised homes for an average of 171 days.

“There are still more than 21,000 households on the social housing waiting list and it’s completely unfair to those people to have properties sitting empty for up to a year while the registered tenants are off on extended holidays or sitting in jail.”

Mr Mander said under planned rules breaks for holidays would be capped at four weeks, with tenants required to seek departmental approval for longer absences.

“For example, in cases where a tenant is undergoing an extended stay in hospital, or is away due to legitimate work or study commitments, it makes sense to allow a longer absence,” Mr Mander said.

He said new rules would also abolish Labor’s former “caretakers” policy which permitted friends or family of the absent tenant to stay in the property rent-free.

“There are still too many households on the waiting list so it’s vital that our resources go where they’re needed, rather than being squandered where they’re not.”

National Community Housing Register

The proposal follows Queensland’s plans to join the national regulatory system for Community Housing Providers, hosted by NSW. In August 2012, the NSW Parliament passed the Community Housing Providers (Adoption of National Law) Act 2012 (NSW) which provided the uniform template legislation for participating jurisdictions including the Commonwealth, Queensland, Australian Capital Territory, Tasmania, South Australia and the Northern Territory. The new system will change funding arrangements and enable registered providers to be located on a single National Register. This national approach to regulation aims to overcome inconsistencies caused by each State and Territory regulating community housing providers in a different way.

In Queensland, the sections in the Housing and Other Legislation Amendment Act 2013 enabling participation in the national scheme will commence on 1 January 2014.

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