Chapter 5Strengthening rental rights: standards and protections

5.1Chapter 5 addresses the remaining issues in ‘A Better Deal for Renters’ that were not covered in Chapter 4.[1] These relate to accommodation minimum standards, protections for victim-survivors of domestic and family violence, and enforcement and appeal mechanisms for renters to assert their rights. The chapter also draws attention to issues facing renters of less common tenancy types that are not adequately covered by existing protections.

Accommodation minimum standards

5.2The committee’s interim report highlighted that many renters across the country are being exposed to unsafe and unsanitary conditions in poor quality housing.[2] Under ‘A Better Deal for Renters’, National Cabinet agreed to:

Phase in minimum quality standards for rental properties (stovetop in good working order, hot and cold running water).[3]

5.3At the time of the agreement, legislative provisions in all states and territories already obligated landlords to provide and maintain residential rental properties to a certain standard.[4] Broadly speaking, landlords are required to ensure that premises are, at the beginning of a tenancy and throughout the life of the lease: habitable,[5] reasonably clean,[6] reasonably secure,[7] and in a reasonable state of repair.[8]

5.4The ACT Council of Social Service (ACTCOSS) observed that, on the whole, current minimum standards for rental properties are ‘generic … and lacking in detail’.[9]

5.5Several jurisdictions provide greater specificity,[10] for instance some rules explicitly require the premises to be structurally sound;[11] weatherproof;[12] free of vermin, damp and mould;[13] and have adequate ventilation,[14] heating,[15] toilet and bathroom facilities,[16] lighting in each habitable room,[17] and window coverings in certain rooms.[18]

Strengthening minimum standards

5.6The committee heard widespread support for strengthening minimum quality standards for rental properties.[19] Anglicare Australia, for example, submitted that:

A home is a basic necessity. It provides shelter, warmth and other basics for human life. It is reasonable to expect that all rental properties should meet minimum standards.[20]

5.7Many inquiry participants highlighted the variance in standards across different jurisdictions and argued that the standards could be strengthened across the board.[21] National Cabinet’s commitment to minimum standards was described as a ‘welcome step towards providing renters with a higher standard of living’.[22]

5.8Inquiry participants noted that the examples of a ‘stovetop in good working order, hot and cold running water’[23] mentioned in ‘A Better Deal for Renters’ should be ‘the absolute base level’.[24] As Ms Farah Farouque of the National Association of Renters’ Organisations (NARO) remarked, ‘to speak only of hot and cold water takes a Dickensian lens to the issue of safe and healthy homes for renters in the 21st century’.[25]

5.9Many stakeholders encouraged states and territories to be ‘more aspirational’[26] and emphasised that ‘minimum standards must be raised from “bare minimum for existence” to “comfortable housing with dignity.”’[27]

5.10The committee received numerous suggestions for specific standards regarding, for example:

energy efficiency and thermal comfort;[28]

accessibility;[29]

climate resilience;[30]

security and safety;[31]

reducing exposure to vermin, damp and mould;[32]

adequate ventilation;[33]

access to natural light;[34]

window coverings;[35] and

working essential appliances.[36]

5.11Submitters encouraged state and territory governments to continue working together through National Cabinet ‘to implement regulatory reforms drawn from the successes in other states and territories’.[37] The Victorian regulations were frequently mentioned as an example that other jurisdictions could emulate.[38]

5.12Additionally, submitters pointed to New Zealand’s (NZ) Residential Tenancies (Healthy Homes Standards) Regulations 2019 as a potential model for Australian regulations.[39] Dr Emma Power, Associate Professor of Human Geography and Urban Studies at Western Sydney University, explained that the NZ regulations:

… provide minimum standards for heating, ventilation, insulation, moisture ingress and drainage and draughts. They are health based standards, designed to ensure minimum property quality in addition to the benefits of better health and reduced illness amongst residents.[40]

Energy efficiency and thermal comfort standards

5.13As mentioned in the interim report, many rental properties are poorly sealed and insulated, and are not energy efficient to heat or cool.[41] Rental housing is more likely than owner-occupied housing to have inadequate insulation, heating and cooling:

21 per cent of very low and 23 per cent of low-income renters (both private and social) report not being able to keep comfortably cool in summer, compared to 8 and 4 per cent respectively of very low and low-income owners with a mortgage.[42]

5.14A study conducted in the winter of 2022 revealed that the temperatures in several Tasmanian rental properties were below the World Health Organisation’s recommended minimum indoor temperature of 18 degrees Celsius 21 hours of the day.[43]

5.15Thermal discomfort is particularly acute in ‘remote communities and regions where climate conditions are most extreme’,[44] such as the Kimberley region of Western Australia where First Nations renters are often exposed to extreme heat.[45]

5.16Poor temperature regulation in rental properties has serious impacts on renters’ health and wellbeing.[46] The committee heard that cold homes can exacerbate asthma and cardiovascular conditions,[47] while high temperatures can cause dehydration, heat exhaustion and heat stroke, and increase the risk of maternal and neonatal complications.[48]

5.17Additionally, inquiry participants claimed that renters are experiencing ‘energy hardship’ and ‘energy poverty’ as a result of using energy inefficient appliances to heat and cool their homes.[49] The Australian Housing and Urban Research Institute (AHURI) submitted that up to 40 per cent of renting households experience energy hardship, ‘where residents limit their energy use for normal daily activities’.[50] Better Renting stated that renters ‘can end up with very expensive energy bills, which can result in energy debt, rental arrears, or having to cut back on other basics such as food’.[51]

5.18Accordingly, a large number of inquiry participants called for minimum standards in relation to energy efficiency and thermal comfort to apply to new and existing rental properties.[52] Energetic Communities argued that such standards should be mandatory as evidence had shown:

… landlords usually don’t undertake energy efficiency upgrades, even if funded, and even if it’s of no cost to themselves. This has been the experience in NSW [New South Wales], Vic [Victoria] and QLD [Queensland]. The NSW Home Power Savings Program … for example, showed that only 10 percent of private landlords gave permission for small improvements such as free efficient showerheads and draught strips to be installed under the program. … Regulating mandatory energy efficiency minimum standards and disclosure is therefore required.[53]

5.19Energetic Communities pointed out that minimum standards could be designed in various ways:

Mandatory energy efficiency standards could be a [sic] whole of home performance-based standards (e.g., 5-star homes), or specific features-based standards (e.g., insulation or draught sealing).[54]

5.20The committee heard support for whole of home performance-based standards—for example, several submitters suggested that rental properties should be required to meet a minimum energy efficiency rating of four or five stars.[55]

5.21There was also broad support for the Community Sector Blueprint: National Framework for Minimum Energy Efficiency Rental Requirements (Community Sector Blueprint) which proposes the implementation of a ‘modelled performance’ standard which would involve a qualified assessor undertaking an audit of the overall energy performance of a property and making suggestions for improvement.[56] The Community Sector Blueprint prefers whole of home performance-based standards to features-based standards because of the concern that:

Starting with features may not be enough to lift a home to a decent energy efficiency rating. I.e. There is significantly less value just installing insulation if there are holes in doors, windows or walls.[57]

5.22On the other hand, several inquiry participants suggested specific features-based standards for:

energy efficient heating and cooling fixed appliances;[58]

safe temperature guidelines;[59]

insulation;[60] and

draught-proofing.[61]

5.23Submitters argued that heating and cooling appliances should be fixed to rental properties to avoid renters having to ‘purchase expensive space heaters and portable aircons [sic] units’ that are less energy efficient.[62] For instance, according to NZ regulations, ‘portable heaters are not considered sufficient’.[63]

5.24The City of Sydney indicated that minimum temperature requirements for rental properties have already been implemented in New York City, Washington DC and Toronto, with work currently underway to implement maximum temperature requirements.[64]

5.25The Australian Capital Territory’s (ACT) ceiling insulation standards and NZ’s ceiling and underfloor insulation standards that require minimum R-values for insulation were said to provide models for other jurisdictions.[65]

5.26Submitters also encouraged Australian jurisdictions to learn from NZ’s draught standards that ‘require that homes do not include “unreasonable gaps or holes in walls, ceilings, windows, skylights, floors and doors which cause noticeable draughts”’.[66]

Accessibility standards

5.27Numerous inquiry participants expressed support for minimum accessibility standards for rental properties.[67]

5.28As noted in the interim report,[68] there is a ‘significant lack of accessible housing in the existing private rental market’.[69] The lack of accessible housing options is of particular concern to older renters and renters with disabilities,[70] for whom this has a range of detrimental consequences including:

increased risk of physical injuries;[71]

mental health challenges;[72] and

‘segregation and isolation from support networks, family, and friends’.[73]

5.29The inaccessible design of stairs and bathrooms were commonly identified issues in rental housing.[74] For instance, Ms Fiona York, Executive Officer at the Housing for the Aged Action Group (HAAG), told the committee:

… older people with mobility issues can end up facing homelessness due to poorly accessible housing. Our service hears often from older people who may have had a fall, a hip replacement or a knee operation which means that suddenly they're unable to access the shower that's over the bath or to access the stairs into their private rental.[75]

5.30A number of stakeholders suggested that the minimum accessibility standards contained in the National Construction Code (NCC) should be mandated for all new residential builds.[76] Some held that the NCC’s silver standards for accessibility should be mandated,[77] while others advocated for the gold standards.[78]

5.31Inquiry participants stressed the need for accessibility standards to be mandatory because voluntary adoption of the NCC accessibility standards had not been effective.[79] Action for More Independence and Dignity in Accommodation (AMIDA), a disability advocacy group, gave evidence that:

In the previous decade the National Construction Code NCC accessible features were voluntary and were only taken up by 5 [per cent] of the private building sector. … the voluntary approach has failed conclusively to increase the supply of accessible housing. This failure clearly demonstrates the need for a mandated code.[80]

5.32The Australian Human Rights Commission (AHRC) noted, however, that mandating the NCC accessibility standards would not be sufficient to ensure accessibility as these standards would ‘apply only to new builds … and focus on physical accessibility rather than taking a universal and cross-disability design approach’.[81] The AHRC emphasised the need for a broader approach to accessibility that ‘goes beyond the built environment to the actual living standards and protections for all people in tenancy and housing laws, without discrimination’.[82]

Enforcement of minimum standards

5.33Inquiry participants proposed various approaches to the enforcement of minimum standards for rental properties.

5.34The Service to Youth Council (SYC) recommended that Australian jurisdictions emulate NZ by introducing:

… rental warrant of fitness inspection[s] such that on each occasion a property is vacated or during a tenancy, an inspection is conducted to ensure the property meets agreed minimum standards.[83]

5.35The committee also heard support for the NZ requirement for landlords to provide a statement of compliance to prospective renters which outlines the property’s adherence to minimum standards.[84]

5.36Several submissions argued in favour of the mandatory disclosure of rental properties’ energy efficiency ratings in rental advertisements.[85] This would serve the dual purpose of ‘monitoring compliance with minimum standards’[86] as well as informing prospective renters of what ‘the real costs of renting a particular property are likely to be’.[87]

5.37Likewise, submitters promoted the mandatory disclosure of rental properties’ compliance with accessibility standards as a way to enforce minimum standards and allow people with accessibility needs to more easily identify suitable rental properties.[88]

5.38The ACT already requires rental advertisements for residential premises to state whether the premises comply with the minimum housing standards set under residential tenancies regulation.[89]

Implications for landlords

5.39Some inquiry participants were concerned that strengthening minimum standards may have inadvertent negative consequences for rental affordability and supply.[90]

5.40The committee heard that the cost to landlords of complying with minimum standards for rental properties would add to rising holding costs (such as mortgage repayments, council rates, and the cost of trades and materials to undertake building works).[91]

5.41Some submitters feared that landlords would pass these costs onto renters by raising the rent,[92] or be forced to sell their properties, thereby reducing the supply of rental housing.[93] These concerns were captured by the Productivity Commission’s submission:

More stringent minimum quality standards may increase rents by requiring landlords to spend more to bring properties up to standard, or causing some noncompliant properties to be removed from the rental market entirely …[94]

5.42Mallee Family Care, a not-for-profit organisation that provides tenancy assistance and advocacy services, claimed that renters in the Mallee region of Victoria and NSW are receiving notices to vacate due to landlords’ inability to meet holding costs:

The properties are older and require costly maintenance to ensure they meet minimum standards. … owners are experiencing a high rate of breaches relating to non-compliance to minimum standards and as a result the properties are being sold.[95]

5.43Several individuals suggested that lower holding costs would mean ‘mum and dad investors’ would be able to keep rents low and ‘continue supplying the lower and middle cohorts of the rental market’.[96]

5.44On the other hand, Mr Leo Patterson Ross, CEO of the Tenants’ Union of NSW, told the committee that ‘the reason we have negative gearing and so on, is to assist with covering those costs so that they're not passed on to the tenant’.[97] Mr Tim Loh, Assistant Commissioner at the Australian Taxation Office (ATO), stated:

With an older property, you might have more repairs and maintenance work that needs to be done to the property, and therefore you can claim a deduction.[98]

5.45Better Renting noted that:

While it’s inevitable that the quality of properties will vary, and some people will readily pay more for extra quality or amenity in their home, we must nonetheless ensure that the worst and often lowest-rent properties still meet a minimum standard that keeps occupants safe and healthy.[99]

5.46The Western Australia Council of Social Service (WACOSS) emphasised that:

Landlords are in the business of providing a product for profit. As such, we should be able to expect that product to meet a certain standard, and considering these are places in which people spend a considerable proportion of their lives, it is not unreasonable that we expect those standards to be high.[100]

Incentives for landlords

5.47A number of inquiry participants suggested that governments could provide financial incentives for landlords to mitigate the costs of bringing rental properties up to minimum standards.[101] For example, Think Forward acknowledged the ‘scale of the challenge’ involved in bringing properties up to minimum standards, and therefore proposed that ‘financial support could be made available to landlords to assist them with retrofits’.[102]

5.48A variety of financial supports were proposed by submitters, such as tax breaks, grants and other funding opportunities.[103] Shelter WA, for instance, suggested an ‘energy efficiency retrofit rebate program for low-income rental properties, including community housing dwellings’ which would offer rebates for:

upgrading heating and cooling systems to reverse cycle systems;

heat pumps for hot water;

insulation;

draught-sealing; and

solar panels.[104]

5.49Better Renting underscored that any incentives ‘must accompany mandatory standards and not be an alternative to them’.[105]

Renters’ ability to make minor modifications

5.50Renters’ ability to make minor modifications to their homes varies across different Australian jurisdictions.[106] In some states and territories, renters cannot modify their homes without the landlord’s written consent.[107] In most jurisdictions, a landlord cannot unreasonably refuse consent to certain modifications.[108]

5.51In NSW, for example, the regulations specify minor modifications in relation to which it would be unreasonable for a landlord to refuse consent, such as:

securing furniture to a wall of premises, other than a tiled wall, if it is necessary for the safe use of the furniture;

installing child safety gates inside the premises;

installing window safety devices for child safety; and

installing hand-held shower heads or lever-style taps for the purpose of assisting elderly or disabled people.[109]

5.52Victoria is unique in allowing renters to make certain minor modifications to rental premises without the landlord’s consent.[110]

5.53The Australian Health Promotion Association called for ‘renters to have the right to modify their home where necessary to ensure it is accessible and they can live safely and independently’.[111] NARO claimed that this is necessary because many renters are living in accommodation that fails to meet their needs and they are ‘not … able to ensure [their home] is a safe and healthy environment without legal dispute’.[112]

5.54The Make Renting Fair Alliance (WA) argued that minor modifications should be allowed to ‘improve safety, liveability and running costs of a home’.[113] Certain minor modifications were said to be necessary for the sake of renters’ health,[114] accessibility needs,[115] and safety.[116]

5.55Further, submitters highlighted that renters are often too fearful to request their landlord to make modifications.[117] AMIDA observed that many people with disability:

… avoid asking for disability modifications to be made in their accommodation for fear they will be refused and experience retaliation and victimisation from their provider.[118]

5.56Several inquiry participants stated that landlords have refused to make requested modifications.[119] The Make Renting Fair Alliance (WA) cited a survey of older renters in the private market conducted by the Bankwest Curtin Economic Centre (BCEC) that found:

… over 20 per cent [of respondents] reported that it was difficult to get modifications made or rents were increased as a result of these modifications.[120]

5.57Shelter WA gave examples of minor modifications that should not require consent from a landlord:

installing picture hooks;

installing LED light globes;

installing child safety gates;

installing access ramps;

installing safety rails; and

fixing furniture to walls.[121]

5.58The Queensland Council of Social Service (QCOSS) said that renters’ right to make minor modifications should be accompanied by ‘practical dispute resolution process[es]’ which would enable parties to raise any concerns they may have.[122]

5.59On the other hand, the committee heard opposition from several landlords to the prospect of renters being able to make modifications without prior consent.[123] One investor submitted that ‘things like making modification to homes … has a psychological effect on [landlords], i.e. loss of control’.[124] Another private landlord stated that ‘tenants can make places unsafe doing modifications’, and urged for tenants to be required to obtain their landlord’s approval prior to any modifications.[125]

5.60The Make Renting Fair Alliance (WA) noted landlords’ concerns that allowing renters to make minor modifications without consent would:

… increase the cost of managing rental properties, erode owners’ rights over their asset, cause investors to exit the market, and decrease rental stock.[126]

5.61In response, the Make Renting Fair Alliance (WA) argued that landlords could, in fact, benefit in various ways:

Both owner and agent would save time and expense by no longer having to respond to requests by tenants who wish to make minor modifications such as hanging a picture.

Further, the owner is protected against any additional costs that may be incurred by restoring or repairing modifications made to the property through the ‘make good’ provision proposed, in addition to the collection of bond from tenants at the time of lease. The landlord may, in fact, benefit from the tenant improvements through increase [sic] rents from a new tenant.[127]

Repairs and maintenance

5.62As noted in the interim report, many renters are experiencing extended wait times for repairs and maintenance to be carried out.[128] This is especially the case in remote locations such as the Pilbara in Western Australia, where ‘even urgent maintenance requests can take several days or weeks to be remedied’.[129]

5.63Ms Antonia Mercorella, Chief Executive Officer (CEO) of the Real Estate Institute of Queensland (REIQ), acknowledged that ‘there are some property owners who are negligent in maintaining their properties’ and that this creates a risk of ‘tenants, occupants, and their visitors being harmed and injured’.[130]

5.64Different states and territories set different requirements for landlords to carry out repairs. Several jurisdictions specify certain categories of repairs as being ‘urgent’ or ‘emergency’ repairs.[131] Most jurisdictions do not specify any time frames within which landlords must make repairs, only that ‘urgent’ or ‘emergency’ repairs must be carried out ‘as soon as practicable’ or ‘as soon as necessary’.[132] Tasmania is unique in requiring landlords to carry out repairs within 28 days of receiving notice from the tenant, or within 14 days if the repair is to a heating element of a cooking stove.[133]

5.65Some jurisdictions require landlords to reimburse renters within a certain time frame for the reasonable cost of repairs,[134] or allow renters to apply to a tribunal for an order that their landlord must make certain repairs within specified time frames.[135]

5.66Inquiry participants called for clear and nationally consistent: definitions of urgent and non-urgent repairs,[136] and time frames for actioning urgent and non-urgent repairs.[137]

5.67Sweltering Cities submitted that regulations should:

… ensure any cooling related maintenance requests (including air conditioners, windows, blinds and other repairs) are considered urgent and actioned within 24 hours.[138]

5.68NT Shelter suggested a 14-day time frame for non-urgent repairs.[139]

Social housing standards

5.69While the focus of most inquiry participants was on the standard of private rentals, the committee received evidence that social housing is also often of substandard quality.[140] The Centre for Urban Research highlighted the ‘mismatch between social housing minimum standards and those applied to private residential tenancies’ and urged the government to improve the housing standards of renters ‘across all property types’.[141]

5.70The Centre for Urban Research pointed to research showing that:

… the proportion of Victorian public housing dwellings that were at acceptable living standards … has declined from 83.7 [per cent] in 2014 to 73.6 [per cent] in 2021.[142]

5.71Professor Libby Porter of RMIT University attributed the decline in public housing standards to an underinvestment by governments in public housing.[143] She told the committee:

There is no doubt that those towers and public housing generally need an enormous investment in maintenance; they've been left to decline. That means social renters across the country are living in thoroughly inadequate circumstances, inadequate dwellings.[144]

5.72Ms Katelyn Butterss, CEO of the Victorian Public Tenants Association (VPTA), acknowledged that:

… the standard of these high-rise apartment buildings right now is not what it should be. I don't feel the standard of some of these buildings is delivering on the promise of public housing. It's not genuine shelter from the perspective that it's not warm in winter, it's not cool in summer and it's probably not safe for many people from a health and safety perspective.[145]

5.73The inadequacy of social housing disproportionately affects First Nations peoples who are ‘over-represented in the social housing sector due to difficulties experienced in accessing private rental accommodation’.[146] Ms Damiya Hayden, Policy Lead at Change the Record, testified that:

First Nations communities face two rental crises. One concerns the discriminatory, unaffordable private rental market and the other concerns a degraded, culturally inappropriate social housing system where thousands of people, including thousands of children, live in overcrowded and poorly maintained old stock, particularly in the bush.[147]

5.74Dr Chris Martin of the City Futures Research Centre (CFRC) drew the committee’s attention to a case in a remote area of the Northern Territory where a public housing tenant ‘didn’t have a back door on the property for five years’.[148] The High Court recently found the Northern Territory public housing authority liable for distress and disappointment caused by its failure to carry out repairs.[149]

5.75A community legal centre similarly wrote that public housing in the Kimberley region of Western Australia fails to adequately house its renters:

Our findings indicate the reality of public housing in the region – houses are in a poor state of repair and are unable to deal with the tropical, and increasingly hot, climate experienced in the Kimberley area. Broad legislative reform is required to ensure all landlords, private and public, are required to provided minimum energy efficiency standards, including cooling and heating requirements where appropriate.[150]

Victim-survivors of domestic and family violence

5.76As noted in the interim report, the worsening rental crisis is having a particularly severe effect on Australians (predominantly women and children) who are victim-survivors of domestic and family violence.[151]

5.77The rates of domestic and family violence in Australia are high—approximately one in four women and one in eight men have experienced family violence by an intimate partner or family member, and these numbers are higher for vulnerable cohorts such as First Nations women and pregnant women.[152]

5.78Domestic and family violence is the leading cause of homelessness and housing insecurity for women and children.[153] Ms Kate Colvin, CEO of Homelessness Australia testified that ‘50 per cent of women and children coming to a homelessness service are seeking help because of family violence’.[154] For children and young people, this can have lifelong effects, as ‘children who experience homelessness are more likely to experience homelessness as adults’.[155] Several submitters have noted an increase in women living in cars in recent months, often with their children.[156]

5.79Under ‘A Better Deal for Renters’, National Cabinet agreed on several measures to help renters experiencing domestic and family violence by allowing them to:

(i)End agreements without penalty and with a streamlined process and evidence e.g. a declaration by a prescribed professional such as a doctor or support service worker;

(ii)Change the locks and make security improvements without the landlord’s permission;

(iii)Have their name removed from databases due to property damage caused by family or domestic violence; and

(iv)With jurisdictions to consider further action to protect tenants who are victim survivors of domestic or family violence e.g. the ability to apply to have the perpetrator removed from the tenancy.[157]

5.80At the time of the agreement, some of these measures were already in place in certain states and territories:

Tenants experiencing domestic violence can end their lease without penalty and without applying to a tribunal in Queensland, NSW and Western Australia.[158]

Victim-survivors may change the locks without permission from the landlord in Queensland and Western Australia.[159] In NSW, Victoria, Tasmania and the ACT this is permissible where a protection order or similar is in place.[160]

In NSW, a tenant cannot be listed on a tenancy database because they have ended their tenancy due to domestic violence, and in Western Australia and Victoria a tenant cannot be listed if the reason for the listing arises from them being subjected to family violence.[161] In Queensland and the ACT, tenants can apply to a tribunal to be removed from tenancy databases for reasons of domestic or family violence.[162]

A victim-survivor can apply for a perpetrator to be removed from the tenancy by order of a court or tribunal in every state and territory.[163] In NSW, where an Apprehended Violence Order is granted that excludes the perpetrator from the property, their co-tenancy will automatically end.[164]

5.81Inquiry participants broadly supported the implementation across Australia of the provisions in ‘A Better Deal for Renters’ relating to family and domestic violence.[165]

Enabling victim-survivors to leave violent situations

5.82Inquiry participants expressed support for the commitment in ‘A Better Deal for Renters’ to ensure that agreements can be ended without penalty in a streamlined process in the case of domestic or family violence, enabling victim-survivors to leave violent situations quickly without worrying about ongoing liability for rents.[166] Women’s Legal Services Australia (WLSA), for example, submitted that these provisions, which already exist in some state and territory tenancy laws, help victim-survivors to escape from violence.[167]

5.83However, most submissions underlined that the main barrier to leaving violent situations is financial, as discussed below.

Affordability as a barrier to leaving violent situations

5.84Submitters stressed that the rental crisis is making it significantly harder for victim-survivors to leave situations in which they are experiencing family or domestic violence, because they are unable to afford any other long-term accommodation in the private rental market.[168] Victim-survivors often have to choose between remaining with a violent or abusive family member and experiencing homelessness or housing insecurity.[169] Legal Aid NSW reported that:

The availability of stable and affordable accommodation is the biggest practical factor in the decision made by our clients as to whether to stay or leave a violent relationship, whether to report the violence and/or whether to return to violent relationships.[170]

5.85The extended wait times experienced by victim-survivors seeking affordable housing also ‘further prolongs the period of social and education disruption for women and children, which increases the likelihood of their return to violent or abusive relationships’.[171]

5.86Not only does the rental crisis affect victim-survivors’ ability to leave violent situations, but it can also exacerbate the situation itself: Safe & Equal highlights in their submission that ‘[w]hile we recognise financial strain does not cause family violence itself, it is known that this can be an exacerbating factor for the perpetration of family violence’.[172]

5.87The cost of setting up a new home is another significant burden, as victim-survivors often leave violent situations without household goods.[173]

5.88Where victim-survivors find housing, it can often be insecure or inadequate, and this can be used by perpetrators of violence to intimidate or control them. For example, perpetrators may issue threats to prevent access to children or report victim-survivors to the authorities ‘with supposed concerns for their children or raising such concerns in family court proceedings’.[174]

5.89As discussed in Chapter 4, being listed on a ‘tenants blacklist' can be a significant barrier to finding alternative accommodation. Victim-survivors may have been blacklisted as they might have ended tenancies early due to violence or have left properties damaged where ‘the damage to property result[ed] from acts of domestic violence’.[175] ‘A Better Deal for Renters’ seeks to address this issue by requiring the removal of victim-survivors’ names from databases on which they are listed because of damage caused by family or domestic violence.[176]

5.90Numerous submitters recommended that more rental assistance and income support be provided to victim-survivors to enable them to remain in their home or find long-term accommodation in a challenging market.[177] Further discussion and measures to address affordability concerns are discussed in Chapter 3.

Improving the safety of victim-survivors

Security of rental premises

5.91The ability to secure rental premises in order to prevent access by perpetrators of violence was identified as an important provision.[178] Ms Fiona Caniglia, Executive Director of Q Shelter, testified to the committee that ‘it’s important that the house is extremely secure and can’t be accessed by another party—for example in situations of domestic and family violence’.[179] As mentioned above, various inquiry participants called for minimum standards for rental properties to include security and safety measures.[180]

5.92Submitters confirmed that an important measure to achieve this is to ensure victim-survivors are permitted to change the locks and make security improvements without needing the landlord’s approval, as proposed in ‘A Better Deal for Renters’.[181]

Removing perpetrators of violence from tenancy agreements

5.93The committee heard from submitters of the importance of being able to remove perpetrators from tenancy agreements for the safety of victim-survivors—a measure included in ‘A Better Deal for Renters’.[182]

5.94Nonetheless, inquiry participants pointed out that victim-survivors face difficulties sustaining a tenancy by themselves once the perpetrator has been removed. The high cost of rental housing means that:

… it remains unlikely [the victim-survivor] will be able to afford to live in the home on one income, especially if they have faced financial abuse or if they are reliant on the social security system for financial support.[183]

5.95Additionally, submitters highlighted that the absence of affordable rental housing for those on a single income means that perpetrators are often unable to find housing for themselves.[184] Perpetrators therefore are ‘more likely to try to return home via harassment of victim survivors’, or else they may try to seek housing with new partners or family members ‘towards whom they may also perpetrate abuse’.[185]

5.96Furthermore, Change the Record cited the experience of the North Australian Aboriginal Family Legal Service that ‘Courts and Police are reluctant to make or enforce orders in Domestic Violence Orders to remove perpetrators from homes because they are likely to become homeless’ as a result of the lack of appropriate housing for perpetrators.[186]

5.97Safe & Equal therefore recommended addressing affordability concerns by supporting victim-survivors to afford to remain in rental properties by themselves, and also providing more housing and initiatives for perpetrators.[187] WLSA suggested that this could include expanding and replicating current programs that exist to support victim-survivors to remain in their home, such as the Staying Home Leaving Violence program in NSW, and the Safe at Home program in Victoria.[188]

Further actions to protect victim-survivors

5.98Under ‘A Better Deal for Renters’, states and territories agreed to ‘consider further action to protect tenants who are victim survivors of domestic or family violence’.[189] Inquiry participants suggested a range of measures that could be taken, as outlined below.

Increase access to legal and other support services

5.99Submitters reported that the process of finding accommodation for vulnerable victim-survivors is increasingly taking up substantial amounts of time for legal and other support services.[190] According to Safe & Equal, Victorian family violence services report that:

… one of the top patterns and trends among re-presenting clients is a lack of safe and affordable housing, with nearly 80 [per cent] of services reporting that repeat clients are common.[191]

5.100Lack of safe and affordable housing also makes it more difficult to provide support to victim-survivors, and makes it more likely that they will remain in the family violence support system for longer: ‘Family violence accommodation services in Victoria record longer case management support periods than other Victorian family violence services’.[192] Safe & Equal links this to a lack of long-term affordable housing options which would allow clients to exit support services, creating a blockage for other clients who need crisis accommodation and support.[193]

5.101According to the Centre for Non-Violence, the rental crisis is placing more pressure on the staff of these services, often leading to burnout, trauma and hopelessness.[194] Submitters called for greater funding for and access to legal and other support services to reduce the strain on services and provide more help for victim-survivors.[195]

Crisis accommodation funding

5.102The lack of affordable housing for victim-survivors to move into permanently also creates a burden on crisis accommodation. For example, WLSA reported that women ‘are staying in refuges longer due to the lack of affordable housing’, and that refuges are at capacity and ‘often have to rely on motels or hotels to house victim-survivors in urgent need of accommodation’, placing additional financial strain on these services.[196]

5.103Change the Record reported that this is resulting in specialist homelessness services being unable to support victim-survivors: ‘31 [per cent] of people experiencing family violence who requested crisis accommodation were turned away’.[197]

5.104Where spaces in crisis accommodation can be found, they can be a long way from where the victim-survivor usually lives. Ms Aimee McVeigh, representing QCOSS, explained that:

… women and children are having to move a thousand kilometres away from where they work or where they go to school just to access a place to stay.[198]

5.105Even when the distances are not so extreme, moving considerable distance can be ‘problematic for social connection, and the time and cost of commuting to their workplace or their children’s school’.[199]

5.106Submitters called for more crisis accommodation to be provided by governments, to rectify the system’s ‘chronic underfunding’.[200] Multicultural Australia added that this should include provision of ‘culturally safe’ crisis accommodation for people with diverse cultural practices.[201]

Social housing

5.107With prices in the private rental market rising significantly, and victim-survivors generally on one income, or on income support payments, social housing is often the only affordable option.[202] However, as discussed in Chapter 2, the social housing system is ‘already overwhelmed with significant demand and is unattainable for most victim survivors, despite family violence being a factor for prioritisation’.[203]

5.108Peninsula Community Legal Centre highlighted that in Victoria, average times for priority access to social housing due to family violence exceeded departmental targets by 63 per cent.[204]

5.109The committee heard that victim-survivors on temporary visas are particularly vulnerable, as they are generally not eligible for social housing or income support payments, and may not have work rights, and so are often reliant on crisis or transitional housing for extended periods of time, where they are eligible for it.[205]

5.110Submitters therefore called for greater availability of social housing in general, but especially for victim-survivors, and for eligibility for social housing to be expanded to all women and children experiencing domestic and family violence, including those on temporary visas.[206]

Enforcement and appeals mechanisms

5.111Many submitters raised concerns about the enforcement paradigm used to uphold tenants’ rights and the appeals mechanisms that tenants can use to pursue justice and compensation.[207]

5.112Inquiry participants told the committee about many issues that tenants face when seeking to uphold their rights, including fear of retaliation and the inaccessibility and ineffectiveness of the appeals process.[208]

5.113Submitters proposed a number of ways to ensure tenants’ rights can more easily be upheld, for example shifting the burden of enforcement away from tenants, implementing Rental Commissioners, and establishing a landlord register.[209]

Fear of retaliation

5.114As noted in Chapter 4 and in the interim report, renters are frequently fearful of retribution by their landlords, which prevents them from seeking to enforce their rights, either directly with the landlord or real estate agent or via a tribunal.[210]

5.115‘A Better Deal for Renters’ seeks to address appeals processes in the case of retaliatory evictions by committing states and territories to:

Ensure provisions to allow appeals against retaliatory eviction notices are fit for purpose (e.g. evictions motivated by tenants taking reasonable action to secure or enforce legal rights, complain or disclose information about their tenancy).[211]

5.116Submitters indicated that existing appeal mechanisms are generally ineffective, and supported strengthening the right to appeal against retaliatory eviction notices.[212] For example, Legal Aid NSW outlined three flaws in the current NSW retaliatory eviction appeals provisions:

A tribunal is only able to classify an eviction as retaliatory where the tenant ‘ha[s] taken, or proposed to take … action to “enforce a right”’, which means that evictions following informal negotiations (for example, rent increases) cannot be classified as retaliatory.[213]

If the tribunal is satisfied that an eviction is retaliatory, it often ‘declines to exercise its discretion’ to overturn the termination notice.[214]

Even where the tribunal overturns the termination, landlords can make subsequent termination notices, and ‘it is very difficult for the tenant to substantiate that the newer termination notice was issued for retaliatory reasons’—landlords sometimes issue a new termination notice ‘almost immediately’ after the tribunal’s decision.[215]

5.117Inquiry participants also noted that renters may be prevented from accessing appeals mechanisms by fear of discrimination not just in their current tenancy, but also by potential future landlords and real estate agents.[216] Ms Penny Carr, representing Tenants Queensland, suggested that even where a tenant has attended a tribunal and been found to have been in the right, ‘there’s an implication … that that’s a negative thing for them’ when it comes to rental applications.[217]

5.118SYC noted that referees for rental applications have sometimes been asked whether the prospective renter has attended the South Australia Civil and Administrative Tribunal (SACAT).[218] Uniting Communities further clarified that tenants seeking an appeal to a tribunal may be faced with ‘a poor review about them on a tenancy database that could prevent them from attaining another rental property’.[219]

Issues with the appeals process

5.119Submitters critiqued many aspects of the appeals process, including the cost, slowness and ineffectiveness of tribunals, and suggested that these could further dissuade renters from pursuing the enforcement of their rights.[220]

Time delays

5.120Several inquiry participants drew the committee’s attention to significant delays and backlogs of cases in civil and administrative tribunals, with tenancy cases taking a long time to be resolved.[221]

5.121For example, Mr Christopher Carr, representing WEstjustice, spoke of some disputes in the Victorian Civil and Administrative Tribunal (VCAT) lasting over three years.[222] The Registered Accommodation Association of Victoria (RAAV) cited statistics from VCAT’s Annual Report demonstrating that between financial years 2020–21 and 2021–22, the number of pending cases in the Residential Tenancies Division increased by 37 per cent and median duration for cases grew by 40 per cent.[223]

5.122Furthermore, Anika Legal advised the committee that ‘rental providers sometimes rely on these delays to coerce renters to drop or settle their claim, resulting in unfavourable outcomes for renters’.[224]

5.123Some submitters therefore called for increased funding for tribunals to address these delays and enable timelier judgements.[225]

Affordability and access

5.124The committee heard that affordability can also be a barrier to renters seeking enforcement: Uniting Communities noted that going to a tribunal can be a ‘costly’ process for renters.[226]

5.125AMIDA identified that where renters are not able to receive timely outcomes through a tribunal, the only other legal mechanisms available ‘have to be undertaken privately and at the renters’ own cost and as such are not available to most’.[227]

5.126Inquiry participants expressed concern that, unlike other state and territory tribunals, there is no appeals mechanism for VCAT decisions within VCAT itself—appeals have to go to the ‘cost-prohibitive’ Victorian Supreme Court.[228]

5.127To ensure the appeals process is affordable for tenants, some submitters called for the waiving of fees for cases brought by tenants.[229]

Complexity

5.128The committee heard that the complexity of appeals mechanisms dissuades renters from attempting to uphold their rights.[230]

5.129Ms Penny Carr, CEO of Tenants Queensland, pointed out that the dispute resolution process is often separate from the complaints process, which causes confusion for renters.[231] The Productivity Commission reported that it had heard dispute resolution processes being regarded as ‘intimidating, [and] inaccessible’, while the University of Melbourne Student Union (UMSU) cited ‘the complexity of the law and legal processes’ as a deterrent to renters enforcing their rights.[232]

5.130In light of this complexity, inquiry participants highlighted the importance of tenants’ advice services, which are currently underfunded and overburdened.[233] NARO observed that resourcing of tenancy advice and advocacy services across Australia:

… has not kept pace with the growth in the number of residential tenancies and the growth in the number of disadvantaged households in the rental market whose tenancies are especially precarious.[234]

5.131For instance, tenancy advice services at WEstjustice are often ‘booked out a month in advance’, and their capacity is regularly ‘reached and exceeded’, with renters experiencing long wait times for legal advice.[235]

5.132Submitters recommended an increase in funding for legal, financial counselling and social work services in order to keep renters ‘in their properties and out of crisis’ and to enforce their rights.[236]

Ineffectiveness of tribunal settlements of cases

5.133Inquiry participants raised concerns about the outcomes of appeals to state and territory civil and administrative tribunals, and about their general effectiveness as a mechanism for upholding renters’ rights.[237]

Tribunals’ use of discretion

5.134Some submissions expressed concerns about tribunals’ use of discretion, or lack thereof.[238] As mentioned above, Legal Aid NSW advised that where tribunals have discretion, for example in the context of an established retaliatory eviction, they often fail to exercise discretion to protect the tenant, and uphold the termination notice despite its retaliatory nature.[239]

5.135Further, the committee received evidence that tribunals lack discretion to prevent termination in certain circumstances, such as in cases of potential homelessness.[240] In NSW, Queensland, South Australia and Western Australia, termination orders are mandatory if a landlord brings termination proceedings.[241] The CFRC recommended granting discretion to tribunals, after investigation of how tribunal discretion could be scoped and structured.[242]

Limited compensation awarded to tenants

5.136Issues were raised with the amounts and types of compensation awarded to renters who had won their appeals.[243] WEstjustice, a community legal centre, observed that damages are very limited for renters bringing proceedings to VCAT: ‘awards of damages to renters … are pitifully low, often a few hundred dollars, even in cases of the most egregious breaches by rental providers’.[244]

5.137Dr Chris Martin of the CFRC added that for remedies granted by tribunals, there are generally only provisions for remedying economic losses, not non-economic losses:

[I]f you're a tenant saying your landlord has breached the agreement because they haven't provided the place in a reasonable state of repair, or they've failed habitability, you might ask to be compensated for the breach because you'll say that you've suffered loss. If the loss is a wardrobe full of mouldy clothes because the roof leaks, that's economic—that has a value, and that can be compensated. But if it's that you've lived in a miserable home, that may not be compensable. That's a non-economic loss. You have to show that you have suffered a physical inconvenience, and if you can't show that there's a physical inconvenience then you've just been disappointed or let down by the breach, and that's not compensable. I think that's a problem with holding landlords to account.[245]

5.138However, in a recent ‘major legal win’ for renters, a November 2023 High Court case found the landlord, the Northern Territory Government, liable to compensate renters for ‘distress and disappointment’ (non-economic loss) caused by the Northern Territory Government’s breach of the tenancy agreement.[246]

Lack of enforcement powers

5.139Several submitters raised that tribunals’ lack of enforcement powers means that renters’ ‘efforts in securing orders of the VCAT requiring that the provider carry out certain repairs go ignored and unenforced’.[247] Likewise, AMIDA stated that ‘in practice orders by VCAT mean very little’, resulting in renters having to ‘make several applications to VCAT about the same issues and … wait long periods of time to have urgent repairs and other issues dealt with’.[248]

Alternative dispute resolution

5.140SYC proposed in its submission that there be ‘greater use of non-adversarial dispute resolution’.[249] The submission noted the significant power imbalance felt by tenants and the consequential adversarial nature of relations between tenants and landlords.[250] As such, SYC proposed that tenancy legislation require initially:

… a process of negotiation, rather than a tenant bearing the burden of taking the landlord/agent to the relevant Tribunal for adjudication and recourse. This is a deliberate strategy to help reduce the adversarial nature of the relationship between tenants and landlords.[251]

5.141Further, given the significant size of the renting population, SYC suggested that an approach requiring tribunal action initially is no longer desirable, and that:

… greater access to alternative conflict resolution process such as conciliation, negotiation, tenancy education and assistance to understand and exercise rights would reduce stress, cost and delay while improving access to justice for all parties and reducing the workload of the State-based Tribunals through earlier intervention, diversion, and resolution.[252]

Shifting the burden of enforcement

5.142As outlined in the interim report, renters are currently expected to uphold their own rights and to take the initiative to pursue any breaches by landlords.[253] Submitters were overwhelmingly in favour of measures which would shift the burden of enforcing renters’ rights away from renters themselves.[254]

5.143Anika Legal set out the problems with the self-enforcement paradigm as it currently stands: the imbalance of power between tenants and landlords, along with some renters’ ignorance of their rights, means that they often will not pursue their landlords for breaches (for example, important repair requests), even where it may present serious health or safety risks.[255] This means that tenants rely on the goodwill of landlords, who can therefore ‘unreasonably ignore, delay or refuse the repair requests without fear of repercussion’.[256]

5.144Many submitters favoured increasing government resources to enable active monitoring and enforcement of renters’ rights, as well as proactively penalising landlords found to be in breach of regulations without renters having to go to a tribunal.[257] Ms Penny Carr, CEO of Tenants Queensland, called for ‘active regulators and visible consequences for noncompliance’ such as ‘independent property checks’.[258] Meanwhile, Mr Derek Schild, representing Legal Aid ACT, proposed an ‘enforcement or regulatory body … to ensure landlords and their agents comply with the regulations’.[259]

Rental commissioners

5.145Several submissions proposed the establishment of state and territory rental commissioners or ombudsmen to undertake independent enforcement, and called for increased funding and responsibilities of existing commissioners.[260]

5.146Victoria appointed the first Commissioner for Residential Tenancies in 2018, and NSW recently appointed a Rental Commissioner.[261] Tasmania also has a Residential Tenancy Commissioner.[262]

5.147Additionally, the committee heard that:

… the ACT Legislative Assembly passed a resolution calling on the government to look at an ombudsmanlike body with investigation and enforcement powers and to report back by the last sitting day this year.[263]

5.148The role of a rental commissioner, though it varies slightly by jurisdiction, can include identifying and investigating issues in the rental market; providing advice to governments; recommending and advocating for changes to laws, programs and services; and helping to educate renters and landlords.[264]

5.149AHURI noted that:

… [w]hile the Commissioner roles are only recent innovations, they have been well received in Victoria and NSW, and early indications are that this is a model that could be implemented in each state and territory.[265]

5.150YWCA Australia suggested the federal government ‘consider the merits of appointing a National Renting Commissioner’.[266] AHURI further proposed a:

… collaborative national approach to these [state and territory rental commissioner] roles, establishing work programs and sharing reform ideas and research findings between Commissioners across the country, should states and territories develop similar positions.[267]

Addressing information asymmetry between tenants and landlords

5.151Several inquiry participants drew the committee’s attention to the ‘information asymmetry’ between tenants and landlords, which discourages and prevents tenants from seeking to uphold their rights, and called for measures to promote mutual transparency.[268]

Market data

5.152Submitters made the point that this information asymmetry includes renters lacking access to market data, such as ‘local rents and market changes’ despite the fact that ‘renters’ enforcement of their rights relies on having access to this information’, for example to be able ‘to challenge increases in rent’.[269]

5.153Abundant Housing Network Australia therefore called for the prioritisation of:

… improv[ing] the quality of and access to data by aggregating administrative data collected by the Commonwealth, state and territory governments on, for example, rent increases and bonds.[270]

Register for landlords

5.154Inquiry participants complained of the unfairness arising from the fact that ‘landlords and estate agents have a right to substantial information about tenants but tenants have no rights to information about their landlords’.[271]

5.155Several inquiry participants proposed the development of a landlord registry or licensing scheme, whereby landlords would have to register their details in order to be able to rent out properties.[272]

5.156Inquiry participants suggested that a landlord registry could provide a lot of data on individual properties and landlords—Tenants Queensland highlighted that this could provide a strong basis for further policymaking and regulation.[273] For example, such a registry could give property information on current repair orders, rent price history, price changes, how many properties a landlord owns, mortgage status, energy consumption, number of appeals to tenancy tribunals and/or landlord income.[274]

5.157Other inquiry participants proposed a different kind of model that would replicate current tenancy databases (discussed in chapter 4) for landlords, containing reports of landlords or agents who have breached their obligations under tenancies legislation, for example failing to lodge bonds or maintain a property to an acceptable standard.[275]

5.158Another feature proposed for a possible registry is the inclusion of some ‘light-touch education’ for landlords, helping them to understand their rights and responsibilities, and to enable landlords to ‘step up, professionalise and create a different culture and practice’, alongside government regulation.[276] Landlords could also be subject to certain tests or qualifications in order to be allowed to register, such as a ‘fit and proper person’ test.[277]

5.159A landlord registration system is ‘increasingly common in other countries’, for example in ‘Scotland, Wales and Northern Ireland, and many English councils’, as some submissions pointed out.[278] Under the Scottish system:

… all residential property providers are required to register, and in doings [sic] so must demonstrate they are a fit and proper person and that their properties meet any required standards.[279]

5.160Where landlords breach the conditions of their registration or contracts with tenants, they could be ‘suspended or even barred from renting out properties’.[280]

5.161REIQ noted its strong objections to such a scheme:

… ultimately because, we believe the significant cost and administrative burden of establishing, implementing and enforcing [a lessor licensing scheme] significantly outweighs any perceived benefit a register may have on the current rental housing crisis or tenants’ experience of renting in Australia.[281]

5.162REIQ raised concerns about data and privacy, cost of implementation, inconsistent compliance and enforcement, and problems with the Scottish model.[282]

5.163The City of Adelaide, while supporting ‘a mechanism… for tenants to report problematic landlords’ also drew the committee’s attention to ‘Victoria’s unsuccessful landlord register’ and emphasised that ‘[l]essons should be learned’ from it.[283]

Protections for less common tenancy types

5.164The committee heard from a number of inquiry participants about tenancy arrangements which are less common and may not be covered under standard residential tenancy legislation, including boarding/rooming houses, student accommodation, caravan parks and share housing.[284]

5.165Submitters raised several concerns, particularly about the possibility for exploitation and the lack of legislative protections for tenants in each of these situations. Submitters therefore proposed that state and territory legislation be reviewed to ensure adequate protection of these tenancy types.[285]

Boarding houses

5.166Boarding houses (also known as rooming houses) have traditionally been an affordable housing option for people experiencing homelessness, people exiting crisis accommodation, or people on income support payments.[286] Submitters have raised concerns about the affordability, safety standards and legislative protections for boarding house occupants.[287]

5.167In recent years, boarding houses have become less accessible to these cohorts as they have attracted primarily ‘international and regional students and employed people’.[288] Boarding house rents have risen to the point where they are frequently unaffordable for income support recipients.[289]

5.168Submitters raised serious concerns about the standard of accommodation provided in some boarding houses, with reported issues relating to safety, security, cleanliness, amenity, lack of adherence to regulatory requirements, trauma, violence and extortion.[290] It is reported that some people experiencing homelessness would rather sleep rough than stay in boarding accommodation.[291]

5.169Inquiry participants noted that, across Australia, boarding house residents frequently do not have access to the same level of legislative protections and dispute resolution mechanisms as other tenants, as they are not generally covered by all the provisions of state and territory residential tenancies legislation.[292] For example, the Residential Tenancies Act 2010 (NSW) only covers tenants; boarders living in a registrable boarding house are covered under a separate Act: the Boarding House Act 2012 (NSW).[293]

5.170RAAV noted that owners of registered boarding houses are struggling with the complexity of different pieces of legislation which apply to boarding houses.[294]

5.171Broadly, submitters recommended increasing the protections for boarding house occupants, bringing the legislation into closer alignment with protections for other tenants.[295]

Student accommodation

5.172Inquiry participants raised similar issues with purpose-built student accommodation (PBSA), which frequently does not enjoy the same legislative protections as other tenancies.[296] For example, UMSU highlighted the fact that in Victoria, residential properties are exempt from the Residential Tenancies Act 1997 (Vic) if they are affiliated with education institutions (with analogous provisions in other jurisdictions around Australia).[297]

5.173Inquiry participants told the committee how this causes problems for students, who are not able to access domestic violence provisions or protections for ending a lease due to severe hardship, and have only limited access to dispute resolution and enforcement mechanisms such as tribunals.[298]

5.174Additionally, submitters observed that the lack of protections means that students can be subject to contracts that could be regarded as exploitative.[299] UMSU, for example, recounted terms tying rental obligations to enrolment records, so that ‘non-payment of rent could lead to the university withholding results, or the student’s right to enrol or graduate’, which is a particular threat to international students, whose visa is tied to their enrolment.[300]

5.175Submitters highlighted that international students are a particularly vulnerable cohort when it comes to housing, due to the language barrier, lack of knowledge of their rights and temporary visas.[301] They are often unable to find alternatives to PBSA because they cannot inspect housing before they arrive, they have no social networks to find share housing, and are often susceptible to scams.[302] The Sydney University Postgraduate Representative Association (SUPRA) identified that these factors push students towards signing up for PBSA before they arrive onshore, ‘while paying the literal and psychological cost during and at the end of their contract’.[303]

5.176Submitters called for a closer alignment with other residential tenancy legislation, and the removal of education exemptions, in order to protect students from potentially exploitative conditions.[304]

Caravan parks

5.177As discussed in the interim report, caravan parks are a source of affordable housing that has grown as the rental market has tightened.[305]

5.178Monash Law Students’ Society notes that in the Mornington Peninsula, ‘caravan parks have faced unprecedented levels of demand and have run out of available accommodation’ and though they were designed to be temporary, ‘some residents have found themselves living in caravans and cabins for years due to the lack of affordability of housing in the area’.[306]

5.179As with boarding houses and student accommodation, submitters expressed concerns about the relative lack of protections for caravan occupants.[307] For example, Legal Aid NSW raised four specific gaps in protection experienced by caravan renters in NSW, where caravan parks are regulated under the Residential (Land Lease) Communities Act 2013 (NSW) compared to tenancies covered by the Residential Tenancies Act 2010 (NSW):

though there is an obligation for an operator to ensure the site is in a reasonable condition at the start of an agreement, the obligation does not continue during the period of the agreement;

there is no obligation for an operator to establish a capital works fund, so when disaster strikes, some operators may not be able to afford to make the park habitable again;

the NSW Civil and Administrative Tribunal (NCAT) does not have the power to require a reduction in site fees for a failure on the part of the operator to maintain the site; and

residents are only entitled to a rent abatement where the site is ‘wholly uninhabitable’, compared to other tenancies where tenants are entitled to an abatement where a site is ‘wholly or partly uninhabitable’.[308]

5.180Legal Aid NSW also notes that the power imbalance between tenants and site operators is ‘greater than between landlord and tenant because most caravan parks and manufactured home estates are operated by companies’.[309] These power dynamics are particularly important because of the relative vulnerability of the residents, and because many caravan parks in NSW are ‘built on land that is at risk of flooding’.[310]

5.181Submitters called for greater legal protections for residents of caravan parks, more comparable to protections for other tenancies.[311]

5.182Ms Natalie Bradshaw, representing Legal Aid NSW, added that the same applies to those living in ‘pod villages’ which have been set up as a ‘medium-term solution to the floods’: these people lack legal protections, for example residents who have experienced domestic or family violence ‘have had no recourse if they were given eviction notices because of the disruption’.[312]

Share houses

5.183Inquiry participants told the committee that during the COVID-19 pandemic, people frequently chose to move out of share housing to live by themselves or just with a partner, putting additional pressure on the housing market.[313] However, submitters identified that share housing has become an increasingly popular affordable housing option in a tight rental market, and that many people choose to share housing when they cannot find other options.[314]

5.184Submitters identified that problems can arise in share house situations which are not easily resolved under current regulations.[315] For example, in most jurisdictions, if a co-renter wants or needs to leave a tenancy agreement, they ‘have no ability to end just their share of the lease’ without the agreement of the other tenants.[316] UMSU explained how this can have negative consequences for all parties involved:

Co-renters who wish to leave are either forced to remain, or lose bond and rent money; co-renters who wish to remain are often left paying higher rent (owing to payments under co-rental agreements being subject to joint and several liability); and agents and landlords often face difficulties with rent arrears and bond disputes when co-renters are in dispute.[317]

5.185UMSU supported regulations such as those that exist in the ACT, which provide a process for co-renters to leave co-renting agreements, including management of the bond, and enable the civil and administrative tribunal to resolve disputes between co-renters.[318]

Concluding comments

5.186The committee thanks all inquiry participants, particularly all the individuals who engaged with the inquiry. Their powerful and often moving evidence highlighted the lack of social and affordable housing options, the spiralling rent increases across the country, and the inadequate protections for renters. The committee recognises the struggles of people living in rental stress and how it impacts not just their ability to keep a roof over their heads, but every aspect of their lives.

5.187The committee agrees that boosting the overall supply of rental housing, including a particular focus on social housing, is key to addressing the rental crisis. However, increasing housing supply will take time, regardless of the quantum of government investments and incentives put in place. Thus, it is vital to consider what immediate actions could be taken to ameliorate the circumstances of many renters.

5.188This inquiry has produced a significant body of evidence on the state of Australia’s rental housing and the human impacts of the rental crisis. The issues raised throughout the inquiry are complex and multifaceted, requiring coordination within and acrossmultiple tiers of government as well as private sector and community organisations.

5.189While the problems are significant and self-evident, the solutions are less clear. The committee heard a diversity of views on possible strategies and measures to address the crisis and to help struggling Australians. However, despite this variety of analyses and opinions, it is widely acknowledged that urgent and serious reforms are needed in a wide range of areas.

Boosting supply

5.190Inquiry participants drew the attention of the committee to potential solutions to increase the supply of rental housing, including by accelerating investment in social and affordable housing, incentivising private investment, and reforming planning regulations.

Social and Affordable housing

5.191The committee affirms the Commonwealth Housing Commission’s 1944 declaration that ‘adwelling of good standard and equipment is not only the need but the right of every citizen’.1 In the interim report, the committee recommended the Australian Government continue investment in public, social, community and genuinely affordable housing. There is a clear and urgent need for action to address the shortage of social and affordable housing to remedy the effects of chronic underinvestment in public housing by successive Commonwealth, State and Territory governments. The committee recognises that the recently-introduced Social Housing Accelerator, Housing Australia Future Fund, National Housing Accord, and other initiatives are important steps in addressing the shortfall. However, more will be required. Regularly identifying the needs for social housing as the population grows and economic circumstances change is crucial to ensuring that future investments are adequate and well-targeted.

Vulnerable cohorts

5.192In the interim report the committee noted the clear evidence that vulnerable cohorts face an increased risk of homelessness. As such, the committee welcomes the development of the National Housing and Homelessness Plan (the Plan), which will improve coordination across and within tiers of government on policies affecting the complex housing market.

5.193The Plan must prioritise a practical path forward to ensure all Australians can access affordable housing, with clear and measurable goals. One major goal that should be included is helping more people have a safe and affordable place to call home. Broad consultation with stakeholders, including people with direct experience of homelessness and housing stress, is paramount. The committee agrees with submitters that the Plan should give consideration to addressing the needs of vulnerable cohorts, including those experiencing homelessness, First Nations households and people with disability. A dedicated housing and homelessness plan for young people is also needed.

Boosting private rental supply

5.194In addition to investment in social housing, the committee notes that submitters put forward a range of strategies to address the shortage of affordable private rentals. These include growing the build to rent sector, incentivising private investments, and reforming planning regulations. The committee agrees it is important for all tiers of government to consider reforms and initiatives in these areas.

Build to rent (BTR) sector

5.195The committee acknowledges the work that is already underway as outlined in this report and notes the diversity of suggestions to boost affordable BTR dwellings, including through tax incentives and planning reform. The committee encourages further investigation into potential measures, including consideration of government policies in jurisdictions like the United States and United Kingdom where BTR makes up a larger proportion of the rental sector.

Planning regulations

5.196The committee notes the broad support for planning reforms to facilitate the construction of rental housing. There are diverse proposals for what such reforms should entail, including some suggestions for the relaxation of planning rules to expedite new developments and allow for higher density construction in certain areas. However, the committee is also cognisant of potential unintended consequences of planning deregulation, including poor building quality and the ability of property developers to delay construction to maintain tight supply even where planning approval has been given.

5.197Several state and territory jurisdictions have already taken steps to change planning regulations. The committee notes that mandatory inclusionary zoning is a promising avenue to increase the supply of social and affordable rental housing, balanced with the need to not unnecessarily add to the costs of new construction. The committee notes that a requirement of states and territories receiving Australian Government funding through the Social Housing Accelerator is to report to National Cabinet on planning reforms to support accelerated delivery of new housing supply.

Short term rental accommodation (STRA)

5.198The committee recognises the complexity of the issues posed by STRA. The committee is of the view that the rapid increase in STRA over the last few years has contributed to the lack of supply in the current rental market, especially in areas with a strong tourism focus, such as Byron Bay and Hobart. The committee notes the many different possible approaches to regulating STRA proposed by inquiry participants, as well as the examples from across Australia and around the world, including the recent announcement from Western Australia of the implementation of a STRA register similar to that which is already in place in New South Wales. The committee also acknowledges the many economic and practical benefits of STRA for consumers and the tourism industry, and notes that any approaches to regulating STRA should be proportional and recognise these benefits.

Immediate relief for renters

5.199The committee heard of the urgency of the situation for many renters across the country who are facing extreme and unaffordable rent increases. The committee recognises that measures to provide immediate relief to renters are needed. Inquiry participants proposed a range of mechanisms to reduce rental stress, including rent assistance from the Commonwealth and State and Territory governments, increasing income support payments and curbing excessive rent increases through rent controls.

CRA and income support payments

5.200During the course of the inquiry, the committee notes the calls for further increases to CRA and income support payments. The committee notes the recent increase to CRA. Further, the committee notes concerns that the current eligibility rules that apply to CRA and income support payments may not effectively target those who are most in need and experiencing rental stress.

Rent controls

5.201The committee acknowledges that there are a wide range of views on the utility of rent controls and the form these should take.

Strengthening renters’ rights

5.202The committee’s interim report exposed the weaknesses of the current rental system in relation to protections for renters’ rights as well as barriers to enforcement. This led the committee to recommend in the interim report that the Australian Government take a coordinating role to implement stronger rental rights.

5.203As previously stated, the committee was encouraged by National Cabinet’s commitment to ‘A Better Deal for Renters’ to guide states’ and territories’ action on renters’ rights and improve consistency in rental policy and regulation across different jurisdictions. However, as outlined in this report, the evidence indicates there is a need to develop and implement a range of specific measures and reforms to ensure adequate and effective protections for renters. The committee agrees that the Australian Government needs to coordinate further work with state and territory governmentsin the areas discussed below.

Rent bidding

5.204Currently, with record low rental vacancy rates across the country, renters are facing high levels of competition to secure a lease. The committee heard many stories of renters who have felt pressured to offer higher amounts of rent than the advertised asking price to boost their chances of being accepted into a property. This exacerbates the unaffordability of private rentals and places individuals under significant rental stress. The commitment in ‘A Better Deal for Renters’ to ‘implement a ban on soliciting rent bidding’ would align state and territory laws on this issue. However, the committee is of the view that more should be done to curtail rent bidding. The evidence received by the committee suggests that existing bans on soliciting rent bidding have failed to prevent the practice as landlords and real estate agents are still able to accept bids that have been made voluntarily. As such, further consideration of state tenancy regulation may be required to close this potential loophole.

Rental applications

5.205The committee received concerning evidence that rental applications are unnecessarily invasive, time-consuming and onerous for renters. People are frequently required to provide large volumes of personal information and documents to support their rental applications, with little assurance as to the security of that data. The evidence received by the committee warned that renters’ personal information is often inadequately protected. The majority of landlords and real estate agents are not currently regulated under the Privacy Act, and there are minimal protections in state and territory residential tenancies legislation. The committee notes the strong support from inquiry participants for the measures in ‘A Better Deal for Renters’ to safeguard renters’ personal information, particularly the introduction of a prescribed rental application form in each jurisdiction to standardise and limit the information that can be requested of applicants. These measures would help to safeguard the privacy of rental applicants while allowing landlords and agents to access the information they need to verify applicants’ identity and suitability as a tenant.

No-grounds evictions

5.206The evidence strongly demonstrates that the threat of no-grounds evictions undermines renters’ security of tenure. Lack of tenure security has serious impacts on renters’ mental and emotional wellbeing and discourages renters from asserting their rights. The committee heard many stories of renters avoiding making requests for repairs and maintenance for fear of retaliatory evictions. The committee is cognisant that forced moves can be incredibly distressing and disruptive to people’s lives and place renters at risk of homelessness. Removing no-grounds evictions, including at the end of a fixed term, would likely improve renters’ wellbeing and strengthen renters’ rights across the board. This reform would bring Australian jurisdictions in line with many other OECD nations that have abolished no-grounds evictions.

Accommodation minimum standards

5.207Rental properties are people’s homes and should offer safety, comfort and dignity for all renters. The right to an adequate standard of living is a fundamental human right, as articulated in Article 25 of the 1948 Universal Declaration of Human Rights and Article 11.1 of the 1966 International Covenant on Economic, Social and Cultural Rights. Throughout the inquiry, the committee received substantial evidence of renters across the country living in substandard accommodation that jeopardises their health and safety. In the current climate of low rental vacancy rates, many private renters are paying high rent for properties that do not meet their needs.

5.208While the committee heard strong support for minimum quality standards for rental properties as agreed to by National Cabinet, stakeholders roundly called for higher standards than simply requiring stovetops to be in good working order and the provision of hot and cold running water. It is also clear from the evidence that renters can wait a very long time for repairs and maintenance to be carried out, thereby exposing renters to unacceptable health and safety risks.

Victim-survivors of family and domestic violence

5.209The committee thanks inquiry participants for their submissions and testimonies on the subject of family and domestic violence, particularly those victim-survivors who shared the impacts of violence on their own lives. The committee received considerable evidence that the rental crisis is making it harder for victim-survivors to escape family and domestic violence. The committee welcomes the provisions in ‘A Better Deal for Renters’ to support victim-survivors of family and domestic violence.

5.210The committee recognises that some jurisdictions have implemented legislation which goes beyond the provisions in ‘A Better Deal for Renters’ and suggests that all jurisdictions should seek to observe best practice for enabling victim-survivors to escape violence.

5.211The committee recognises the increasing pressure on crisis accommodation and family and domestic violence support services in the context of the tight rental market. The committee also acknowledges the additional dangers and difficulties faced by victim-survivors on temporary visas, who frequently do not have access to the same support services and programs as others.

Enforcement and appeals mechanisms

5.212The committee received powerful evidence that, even where renters’ rights are enshrined in law, various barriers to enforcement and appeals may prevent these rights from being upheld. The current system of enforcement requires renters to take action against any identified breaches of their rights. The committee recognises that, particularly in the current tight rental market where there is a significant power imbalance between renters and landlords, renters may not be able to pursue the enforcement of their rights effectively and safely.

5.213The committee welcomes the provision in ‘A Better Deal for Renters’ to strengthen the process for appeals against retaliatory evictions, and notes that provisions to standardise rental applications will also remove barriers to renters seeking to enforce their rights. The committee notes the introduction of rental commissioners in Victoria and NSW, and that this has been well-received. The committee recognises the role these commissioners will play in educating renters and landlords and providing advice to governments on all aspects of rental protections and programs.

5.214The committee acknowledges the evidence it received from inquiry participants that the processes involved in appealing through state and territory civil and administrative tribunals can be complex, expensive and time-consuming, and may not always yield appropriate and enforced outcomes for renters. Applicants also may not have timely access to support services to help them with their appeals. State and territory governments should consider reviewing the functions and processes of the tribunals to ensure they are fit for purpose to manage tenancy disputes in a timely and effective manner.

Protections for less common tenancy types

5.215The committee thanks inquiry participants for sharing their stories of living in marginal housing such as boarding houses and caravans. The committee acknowledges that the rental crisis has forced many people into insecure and inadequate housing. While different types of housing can require different legislation governing renters’ rights and protections, the committee affirms that all renters should have basic protections and recourse to dispute resolution for rental matters.

Footnotes

[1]Options for the regulation of short-stay residential accommodation (point 8 of ‘A Better Deal for Renters’) are covered in Chapter 2 alongside other measures relating to the supply of rental housing. The restriction of rent increases (point 3 of ‘A Better Deal for Renters’) is discussed in Chapter 3 as it relates to rental affordability issues.

[2]Senate Community Affairs References Committee, The worsening rental crisis in Australia—InterimReport, September 2023, pp. 42–45 (Interim report).

[3]The Hon Anthony Albanese MP, Prime Minister of Australia, ‘Meeting of National Cabinet—Working together to deliver better housing outcomes’, Media Release, 16 August 2023, Attachment 2, para. 9.

[4]City Futures Research Centre (CFRC), Submission 40, p. 16.

[5]Residential Tenancies Act 1999 (NT), ss. 47(a) and para. 48(1)(a) and (c). Other jurisdictions use slightly different phrasing, for example: ‘fit for habitation’: Residential Tenancies Act 1997 (ACT), Sch. 1, para. 54(1)(a); Residential Tenancies Act 2010 (NSW), ss. 52(1); ‘in a reasonably fit and suitable condition for occupation’: Residential Tenancies Act 1997 (Vic), para. 68(1)(b); and ‘fit for the tenant to live in’: Residential Tenancies and Rooming Accommodation Act 2008 (Qld), para. 185(2)(b) and (3)(a). The NSW legislation specifies that residential premises are not fit for habitation unless they meet certain requirements, including that they are structurally sound, have adequate lighting in each room, adequate ventilation, plumbing and drainage, and are connected to water, gas and electricity: Residential Tenancies Act 2010 (NSW), ss. 52(1A) and (1B).

[6]Residential Tenancies Act 1997 (ACT), Sch. 1, para. 54(1)(b); Residential Tenancies Act 1999 (NT), para. 48(1)(c). Other jurisdictions use the phrase, ‘reasonable state of cleanliness’: Residential Tenancies Act 2010 (NSW), ss. 52(1); Residential Tenancies Act 1995 (SA), para. 42(2)(a) and s. 67; Residential Tenancies Act 1987 (WA), para. 42(2)(a); or ‘clean’: Residential Tenancies and Rooming Accommodation Act 2008 (Qld), para. 185(2)(a).

[7]Residential Tenancies Act 1997 (ACT), Sch. 1, para. 54(1)(d); Residential Tenancies Act 2010 (NSW), ss. 70(1); Residential Tenancies Act 1995 (SA), para. 66(1)(a); Residential Tenancies and Rooming Accommodation Act 2008 (Qld), ss. 210(1); Residential Tenancies Act 1987 (WA), para. 45(1)(a); Residential Tenancies Act 1999 (NT), ss. 49(1). In Tasmania, the requirement is to ensure that during a tenancy agreement the premises are ‘fitted with locks and any other security devices that are necessary to secure the premises’ and to maintain those locks and security devices: Residential Tenancy Act 1997 (Tas), ss. 57(1). In Victoria, there are specific rules about what parts of the premises should be secured with locks: Residential Tenancies Act 1997 (Vic), s. 70; Residential Tenancies Regulations 2021 (Vic), Sch. 4.

[8]Residential Tenancies Act 1997 (ACT), Sch. 1, para. 54(1)(c) and ss. 55(1); Residential Tenancies Act 2010 (NSW), s. 63; Residential Tenancies Act 1995 (SA), ss. 42(2) and 68(1); Residential Tenancies Act 1987 (WA), para. 42(2)(a) and (b); Residential Tenancies Act 1999 (NT), ss. 57(1). Other jurisdictions require a rental property to be in ‘good repair’: Residential Tenancies Act 1997 (Vic), para. 68(1)(a); Residential Tenancy Act 1997 (Tas), ss. 36J(2) and (3); Residential Tenancies and Rooming Accommodation Act 2008 (Qld), para. 185(2)(c) and (3)(b).

[9]ACT Council of Social Service (ACTCOSS), Submission 118, p. 7.

[10]See Residential Tenancies Act 1997 (ACT), Sch. 1, s. 62A; Residential Tenancies Regulation 1998 (ACT), reg. 9; Residential Tenancies Act 2010 (NSW), ss. 52(1A) and (1B); Residential Tenancies Act 1997 (Vic), ss. 65A(1); Residential Tenancies Regulations 2021 (Vic), Sch. 4; Residential Tenancy Act 1997 (Tas), Part 3B; Residential Tenancies and Rooming Accommodation Act 2008 (Qld), para. 185(2)(e) and (3)(e); Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Sch. 5A.

[11]Residential Tenancies Act 2010 (NSW), para. 52(1A)(a); Residential Tenancies Regulations 2021 (Vic), Sch. 4; Residential Tenancy Act 1997 (Tas), s. 36I; Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Sch. 5A, Part 1.

[12]Residential Tenancy Act 1997 (Tas), s. 36I; Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Sch. 5A, Part 1.

[13]Residential Tenancies Regulations 2021 (Vic), Sch. 4; Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Sch. 5A, Part 1.

[14]Residential Tenancies Act 2010 (NSW), para. 52(1A)(c); Residential Tenancies Regulations 2021 (Vic), Sch. 4; Residential Tenancy Act 1997 (Tas), s. 36O.

[15]Residential Tenancies Regulations 2021 (Vic), Sch. 4; Residential Tenancy Act 1997 (Tas), s. 36M.

[16]Residential Tenancies Act 2010 (NSW), para. 52(1A)(g); Residential Tenancies Regulations 2021 (Vic), Sch. 4; Residential Tenancy Act 1997 (Tas), s. 36K; Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Sch. 5A, Part 2.

[17]Residential Tenancies Act 2010 (NSW), para. 52(1A)(b); Residential Tenancies Regulations 2021 (Vic), Sch. 4.

[18]Residential Tenancies Regulations 2021 (Vic), Sch. 4; Residential Tenancy Act 1997 (Tas), s. 36N; Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Sch. 5A, Part 1.

[19]See, for example, Family Access Network, Submission 2, [p. 1]; Women’s Information and Referral Exchange (WIRE), Submission 19, [p. 2]; Dr Cameron Murray, Submission 48, p. 10; Centre for Non-Violence, Submission 73, [p. 2]; Australian Health Promotion Association, Submission 85, p. 3; Anglicare Australia, Submission 100, p. 5; Australian Council of Social Service (ACOSS), Submission 117, p. 1; Think Forward, Submission 122, p. 32; Pilbara Community Legal Services, Submission 138, p. 4; Make Renting Fair Alliance (WA), Submission 334, Attachment 1, p. 8.

[20]Anglicare Australia, Submission 100, p. 7.

[21]See, for example, CFRC, Submission 40, p. 4; Darwin Community Legal Service (DCLS), Submission 109, Attachment 1, [p. 1]; Make Renting Fair Alliance (WA), Submission 334, p. 24.

[22]Kimberley Community Legal Services, Submission 119, p. 5.

[23]The Hon Anthony Albanese MP, Prime Minister of Australia, ‘Meeting of National Cabinet—Working together to deliver better housing outcomes’, Media Release, 16 August 2023, Attachment 2, para. 9.

[24]Ms Amy Frew, Director, Client Services, Tenants Victoria, Committee Hansard, 27 September 2023, p. 8. See also Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, National Association of Renters’ Organisations (NARO), Committee Hansard, 30 August 2023, p. 2.

[25]Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 2.

[26]Ms Penny Carr, Chief Executive Officer (CEO), Tenants Queensland, Committee Hansard, 23 August 2023, p. 8.

[27]Name Withheld, Submission 308, [p. 2]. See also Change the Record, Submission 128, p. 2; Anti-Poverty Network SA, Submission 145, p. 3; National Shelter, Submission 163, p. 11; Associate Professor Emma Power, Submission 395, [p. 5].

[28]See, for example, The Salvation Army, Submission 17, p. 7; Renters and Housing Union (RAHU), Submission 55, p. 12; WA Council of Social Service (WACOSS), Submission 81, p. 1; NSW Council of Social Service (NCOSS), Submission 106, p. 11; Make Renting Fair Alliance (WA), Submission 334, p. 1; Associate Professor Emma Power, Submission 395, [p. 5].

[29]See, for example, RAHU, Submission 55, p. 12; Change the Record, Submission 128, p. 2; Housing for the Aged Action Group (HAAG), Submission 130, p. 8; Older Women’s Network NSW, Submission 135, [p. 7].

[30]See, for example, Think Forward, Submission 122, p. 5; Change the Record, Submission 128, p. 2; National Shelter, Submission 163, p. 11.

[31]See, for example, Homelessness Australia, Submission 54, [p. 3]; Australian Housing and Urban Research Institute (AHURI), Submission 57, p. 2; Ms Fiona Caniglia, Executive Director, QShelter, Committee Hansard, 23 August 2023, p. 8; Leanne, private capacity, Committee Hansard, 23 August 2023, p. 30.

[32]See, for example, Council of Single Mothers and their Children (CSMC), Submission 98, [p. 9]; Bankwest Curtin Economic Centre (BCEC), Submission 112, [p. 3]; NT Shelter, Submission 116, p. 13; Shelter WA, Submission 382, Attachment 1, [p. 13].

[33]See, for example, AHURI, Submission 57, p. 62; ACOSS, Submission 117, p. 1; Name Withheld, Submission 247, [p. 6]; Shelter WA, Submission 382, Attachment 1, [p. 13].

[34]See, for example, Homelessness Australia, Submission 54, [p. 3]; Australian Health Promotion Association, Submission 85, p. 3; Leanne, private capacity, Committee Hansard, 23 August 2023, p. 30.

[35]See, for example, Energetic Communities, Submission 108, p. 5; NT Shelter, Submission 116, p. 13; Shelter WA, Submission 382, Attachment 1, [p. 13].

[36]See, for example, Homelessness Australia, Submission 54, [p. 3]; Australian Health Promotion Association, Submission 85, p. 3; NT Shelter, Submission 116, p. 13; Ms Annelies Allcock, Submission 376, [p. 1].

[37]AHURI, Submission 57, p. 37.

[38]See, for example, AHURI, Submission 57, p. 35; Anglicare Australia, Submission 100, p. 7; NT Shelter, Submission 116, p. 13; Anti-Poverty Network SA, Submission 145, p. 8; Dr Chris Martin, Senior Research Fellow, CFRC, University of New South Wales (UNSW) Sydney, Committee Hansard, 24 August 2023, p. 45.

[39]See, for example, AHURI, Submission 57, pp. 47–48; Anti-Poverty Network SA, Submission 145, p. 8; Mx Joel MacKay, Submission 184, [pp. 3–4]; Associate Professor Emma Power, Submission 395, [p. 12].

[40]Associate Professor Emma Power, Submission 395, [p. 12].

[41]See Interim report, pp. 43–44.

[42]Treasury and Department of Social Services (DSS), Submission 133, p. 8.

[43]Tenants’ Union of Tasmania, Submission 110, p. 11.

[44]Make Renting Fair Alliance (WA), Submission 334, p. 27.

[45]Kimberley Community Legal Services, Submission 119, Attachment 1, p. 22.

[46]See, for example, WACOSS, Submission 81, p. 9; CSMC, Submission 98, [p. 10]; BCEC, Submission 112, [p. 20]; ACTCOSS, Submission 118, p. 7; Make Renting Fair Alliance (WA), Submission 334, p. 22.

[47]Uniting Communities, Submission 53, p. 5. See also Tasmanian Council of Social Service (TasCOSS), Submission 146, p. 5.

[48]Sweltering Cities, Submission 16, [p. 1]. See also Kimberley Community Legal Services, Submission 119, Attachment 1, p. 22.

[49]See, for example, AHURI, Submission 57, p. 13; Make Renting Fair Alliance (WA), Submission 334, p. 22; Shelter WA, Submission 382, Attachment 1, [p. 13].

[50]AHURI, Submission 57, p. 13.

[51]Better Renting, Submission 46, [p. 8]. See also CSMC, Submission 98, [p. 10]; TasCOSS, Submission 146, p. 5.

[52]See, for example, SYC, Submission 25, p. 5; Community Housing Industry Association (CHIA), Submission 41, p. 22; DCLS, Submission 109, p. 12; BCEC, Submission 112, [p. 3]; ACOSS, Submission 117, p. 8; Shelter SA, Submission 150, p. 4; My Home Network, Submission 227, [p. 2].

[53]Energetic Communities, Submission 108, p. 4.

[54]Energetic Communities, Submission 108, p. 4.

[55]See, for example, RAHU, Submission 55, p. 11; Anglicare Australia, Submission 100, p. 7; Energetic Communities, Submission 108, p. 4.

[56]See, for example, Queensland Council of Social Service (QCOSS), Submission 36, [p. 4]; Better Renting, Submission 46, [p. 8]; NARO, Submission 47.1, [p. 21]; Uniting Communities, Submission 53, p. 5; NCOSS, Submission 106, p. 12; Energetic Communities, Submission 108, p. 2; Anti-Poverty Network SA, Submission 145, p. 8; Northern Territory Council of Social Service (NTCOSS), Submission 176, p. 2.

[57]Healthy Homes for Renters, Community Sector Blueprint: National Framework for Minimum Energy Efficiency Rental Requirements, November 2022, p. 21.

[58]See, for example, Uniting Communities, Submission 53, p. 2; Tenants’ Union of Tasmania, Submission 110, p. 11; ACTCOSS, Submission 118, p. 8.

[59]See, for example, Sweltering Cities, Submission 16, [p. 2]; TasCOSS, Submission 146, p. 5; Name Withheld, Submission 249, [p. 4].

[60]See, for example, Sweltering Cities, Submission 16, [p. 2]; Uniting Communities, Submission 53, p. 2; Tenants’ Union of Tasmania, Submission 110, p. 11; NT Shelter, Submission 116, p. 13; Shelter SA, Submission 150, p. 4; Name Withheld, Submission 247, [p. 6]; Make Renting Fair Alliance (WA), Submission 334, Attachment 1, p. 8; Shelter WA, Submission 382, Attachment 1, [p. 13].

[61]See, for example, Better Renting, Submission 46, p. 9; Tenants’ Union of Tasmania, Submission 110, p. 11; Shelter WA, Submission 382, Attachment 4, p. 22.

[62]Miss Tessa Cook, Submission 226, [p. 1]. See also Uniting Communities, Submission 53, p. 6.

[63]Mx Joel MacKay, Submission 184, [pp. 3–4].

[64]City of Sydney, Submission 181, pp. 4–5.

[65]See, for example, Better Renting, Submission 46, [p. 9]; Uniting Communities, Submission 53, p. 5; AHURI, Submission 57, pp. 37 and 47; Associate Professor Emma Power, Submission 395, [p. 12].

[66]See, for example, Mx Joel MacKay, Submission 184, [pp. 3–4]; Associate Professor Emma Power, Submission 395, [p. 12].

[67]See, for example, Anglicare Australia, Submission 100, p. 7; Action for More Independence and Dignity in Accommodation (AMIDA), Submission 129, p. 8; HAAG, Submission 130, p. 8; Older Women’s Network NSW, Submission 135, [p. 7]; Change the Record, answers to questions on notice, 27 September 2023 (received 11 October 2023), [p. 1].

[68]See Interim report, p. 64.

[69]HAAG, Submission 130, p. 6.

[70]See, for example, Anglicare Australia, Submission 100, p. 7; HAAG, Submission 130, p. 2; Australian Human Rights Commission (AHRC), Submission 335, pp. 15–16; Associate Professor Emma Power, Submission 395, [p. 3].

[71]Children and Young People with Disability Australia (CYPDA), Submission 102, [p. 4].

[72]Australian Catholic Bishops Conference, Submission 70, [pp. 1–2].

[73]AHRC, Submission 335, pp. 15–16.

[74]See, for example, CYPDA, Submission 102, [p. 3]; Associate Professor Emma Power, Submission 395, [p. 3]; Ms Fiona York, Executive Officer, HAAG, Committee Hansard, 27 September 2023, p. 13.

[75]Ms Fiona York, Executive Officer, HAAG, Committee Hansard, 27 September 2023, p. 13.

[76]See, for example, NCOSS, Submission 106, p. 14; Older Women’s Network NSW, Submission 135, [p. 7]; National Shelter, Submission 163, p. 12; Associate Professor Emma Power, Submission 395, [p. 5].

[77]See, for example, NCOSS, Submission 106, p. 14; Older Women’s Network NSW, Submission 135, [p. 7].

[78]See, for example, National Shelter, Submission 163, p. 12; Change the Record, answers to questions on notice, 27 September 2023 (received 11 October 2023), [p. 1].

[79]See, for example, AMIDA, Submission 129, p. 8; Change the Record, answers to questions on notice, 27 September 2023 (received 11 October 2023), [p. 1].

[80]AMIDA, Submission 129, p. 8.

[81]Australian Human Rights Commission (AHRC), Submission 335, p. 15.

[82]AHRC, Submission 335, p. 16.

[83]SYC, Submission 25, p. 5.

[84]Mx Joel MacKay, Submission 184, [pp. 3–4].

[85]See, for example, SYC, Submission 25, p. 5; South Australian Council of Social Service (SACOSS), Submission 75, p. 4; ACTCOSS, Submission 118, p. 7; City of Sydney, Submission 181, p. 4.

[86]ACTCOSS, Submission 118, p. 7.

[87]SACOSS, Submission 75, p. 4. See also Name Withheld, Submission 249, [p. 4].

[88]Name Withheld, Submission 120, [p. 4]; National Shelter, Submission 163, p. 13.

[89]Residential Tenancies Act 1997 (ACT), s. 11AB. See also ACT Government, Submission 9, [p. 9].

[90]See, for example, Peninsula Community Legal Centre, Submission 94, p. 8; Name Withheld, Submission 257, pp. 1–2; Mallee Family Care, Submission 332, p. 7.

[91]See, for example, Ms Antonia Mercorella, CEO, Real Estate Institute of Queensland (REIQ), Committee Hansard, 23 August 2023, p. 58; Mr David Bare, Executive Director, NSW, Housing Industry Association, Committee Hansard, 24 August 2023, p. 54; Mr Simon Roberts, President, Registered Accommodation Association of Victoria (RAAV), Committee Hansard, 27 September 2023, p. 41.

[92]See, for example, Peninsula Community Legal Centre, Submission 94, p. 8; Sydney University Postgraduate Representative Association (SUPRA), Submission 95, [p. 5].

[93]See, for example, Name Withheld, Submission 257, pp. 1–2; Mallee Family Care, Submission 332, p. 7; Ms Antonia Mercorella, CEO, REIQ, Committee Hansard, 23 August 2023, p. 58.

[94]Productivity Commission, Submission 148, p. 14.

[95]Mallee Family Care, Submission 332, p. 7.

[96]Name Withheld, Submission 285, [p. 2]. See also Name Withheld, Submission 257, p. 4.

[97]Mr Leo Patterson Ross, CEO, Tenants’ Union of NSW, Committee Hansard, 24 August 2023, p. 7.

[98]Mr Tim Loh, Assistant Commissioner, Individuals Risk and Strategy, ATO, Committee Hansard, 30 August 2023, p. 69.

[99]Better Renting, Submission 46, [p. 8].

[100]WACOSS, Submission 81, p. 9.

[101]See, for example, Better Renting, Submission 46, [pp. 8–9]; Uniting Communities, Submission 53, p. 5; Energetic Communities, Submission 108, p. 6; Think Forward, Submission 122, p. 33; National Shelter, Submission 163, p. 13; City of Sydney, Submission 181, p. 4.

[102]Think Forward, Submission 122, p. 33.

[103]See, for example, Uniting Communities, Submission 53, p. 5; Energetic Communities, Submission 108, pp. 6–7; Name Withheld, Submission 267, p. 3.

[104]Shelter WA, Submission 382, Attachment 4, p. 22.

[105]Better Renting, Submission 46, [p. 9].

[106]NARO, Submission 47.1, [p. 22].

[107]Residential Tenancies Act 2010 (NSW), ss. 66(1); Residential Tenancies Act 1995 (SA), ss. 70(1); Residential Tenancy Act 1997 (Tas), ss. 54(1); Residential Tenancies Act 1999 (NT), ss. 55(1).

[108]Residential Tenancies Act 1997 (ACT), ss. 71AD(2); Residential Tenancies Act 2010 (NSW), ss. 66(2); Residential Tenancies Act 1997 (Vic), ss. 64(1B); Residential Tenancies Act 1995 (SA), ss. 70(1a); Residential Tenancies and Rooming Accommodation Act 2008 (Qld), ss. 208(3); Residential Tenancies Act 1987 (WA), para. 47(2)(a).

[109]Residential Tenancies Regulation 2019 (NSW), reg. 22(1).

[110]Residential Tenancies Act 1997 (Vic), ss. 64(1); Residential Tenancies Regulations 2021 (Vic), reg. 26. These modifications include, for instance: installation of a water efficient shower head if the original shower head is retained; installation of security lights, alarm systems or security cameras that do not impact neighbours’ privacy and that can be easily removed; installation of non-permanent window film for insulation, reduced heat transfer or privacy; and installation of adhesive child safety locks on drawers and doors.

[111]Australian Health Promotion Association, Submission 85, p. 3. See also, for example, NARO, Submission 47.1, [p. 23]; Housing Matters Action Group (HMAG), Submission 141, [p. 13]; Make Renting Fair Alliance (WA), Submission 334, p. 3.

[112]NARO, Submission 47.1, [p. 22].

[113]Make Renting Fair Alliance (WA), Submission 334, p. 3.

[114]Building Tenancy Skills Project, Submission 338, p. 7.

[115]See, for example, NARO, Submission 47, p. 2; DCLS, Submission 109, p. 10; ACTCOSS, Submission 118, p. 8; HMAG, Submission 141, [p. 13]; Building Tenancy Skills Project, Submission 338, p. 7 Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 8.

[116]See, for example, NARO, Submission 47, p. 2; HMAG, Submission 141, [p. 13]; Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 8.

[117]See, for example, AMIDA, Submission 129, pp. 4–5; HAAG, Submission 130, p. 6; Mr Michael Mazengarb, Submission 198, [p. 2].

[118]AMIDA, Submission 129, p. 4.

[119]See, for example, QCOSS, Submission 36, [p. 5]; Change the Record, answers to questions on notice, 27 September 2023 (received 11 October 2023), [p. 1].

[120]Make Renting Fair Alliance (WA), Submission 334, Attachment 2, p. 3.

[121]Shelter WA, Submission 382, Attachment 1, [p. 14].

[122]QCOSS, Submission 36, [p. 5].

[123]See, for example, Name Withheld, Submission 285, [p. 2]; Name Withheld, Submission 295, [p. 1].

[124]Name Withheld, Submission 285, [p. 2].

[125]Name Withheld, Submission 295, [p. 1].

[126]Make Renting Fair Alliance (WA), Submission 334, Attachment 2, p. 2.

[127]Make Renting Fair Alliance (WA), Submission 334, Attachment 2, p. 6.

[128]See Interim report, p. 44.

[129]Pilbara Community Legal Services, Submission 138, p. 2.

[130]Ms Antonia Mercorella, CEO, REIQ, Committee Hansard, 23 August 2023, p. 62.

[131]Residential Tenancies Act 1997 (ACT), s. 60; Residential Tenancies Act 2010 (NSW), s. 62; Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s. 214; Residential Tenancies Act 1999 (NT), ss. 63(2).

[132]Residential Tenancies Act 1997 (ACT), s. 59; Residential Tenancies Act 1987 (WA), s. 43; Residential Tenancy Act 1997 (Tas), ss. 33(1).

[133]Residential Tenancy Act 1997 (Tas), ss. 32(3).

[134]Residential Tenancies Act 2010 (NSW), ss. 64(1); Residential Tenancies Act 1997 (Vic), para. 72(2)(c).

[135]Residential Tenancies Act 1997 (Vic), ss. 75(1); Residential Tenancies and Rooming Accommodation Act 2008 (Qld), ss. 221(1); Residential Tenancies Act 1999 (NT), ss. 63(1).

[136]Uniting Communities, Submission 53, pp. 2 and 7.

[137]See, for example, Uniting Communities, Submission 53, pp. 2 and 7; NT Shelter, Submission 116, p. 15.

[138]Sweltering Cities, Submission 16, [p. 3].

[139]NT Shelter, Submission 116, p. 15.

[140]See, for example, Centre for Urban Research, Royal Melbourne Institute of Technology (RMIT), Submission 11, [pp. 17–19]; ANTAR, Submission 111, p. 3; Kimberley Community Legal Service, Submission 119, p. 6; Ms Damiya Hayden, Policy Lead, Change the Record, Committee Hansard, 27 September 2023, p. 19; Professor Libby Porter, Urban Planning, RMIT University, Committee Hansard, 27 September 2023, p. 35.

[141]Centre for Urban Research, RMIT, Submission 11, [p. 18].

[142]Centre for Urban Research, RMIT, Submission 11, [p. 19].

[143]See, for example, Professor Libby Porter, Urban Planning, RMIT University, Committee Hansard, 27 September 2023, pp. 35 and 38.

[144]Professor Libby Porter, Urban Planning, RMIT University, Committee Hansard, 27 September 2023, p. 38.

[145]Ms Katelyn Butterss, CEO, Victorian Public Tenants Association (VPTA), Committee Hansard, 27 September 2023, p. 6.

[146]ANTAR, Submission 111, p. 3.

[147]Ms Damiya Hayden, Policy Lead, Change the Record, Committee Hansard, 27 September 2023, p. 19.

[148]Dr Chris Martin, Senior Research Fellow, CFRC, UNSW Sydney, Committee Hansard, 24 August 2023, p. 46.

[149]Lee Robinson, ‘High Court rules NT Housing liable for impact of lack of repairs on public housing tenants’, ABC News, 1 November 2023, www.abc.net.au/news/2023-11-01/nt-public-housing-ruling-santa-teresa/103048194 (accessed 10 November 2023).

[150]Kimberley Community Legal Service, Submission 119, p. 6.

[151]See Interim report, pp. 65–67.

[152]WLSA, Submission 37, pp. 4–5; National Aboriginal and Torres Strait Islander Women’s Alliance (NATSIWA), Submission 88, [p. 1]; Change the Record, Submission 128, p. 1; Ms Anna Baltins, Associate Director, Domestic and Violence, Legal Aid NSW, Committee Hansard, 24 August 2023, p. 12.

[153]Centre for Excellence in Child and Family Welfare, Submission 18, p. 3; Ms Anna Baltins, Associate Director, Domestic and Violence, Legal Aid NSW, Committee Hansard, 24 August 2023, p. 12.

[154]Ms Kate Colvin, CEO, Homelessness Australia, Committee Hansard, 30August 2023, p. 40.

[155]Safe & Equal, Submission 134, pp. 4–5.

[156]WIRE, Submission 19, p. 2; Mr Michael Chester, Co-CEO, Uniting WA, Committee Hansard, 30 August 2023, p. 55.

[157]The Hon Anthony Albanese MP, Prime Minister of Australia, ‘Meeting of National Cabinet—Working together to deliver better housing outcomes’, Media Release, 16 August 2023, Attachment 2, para. 5.

[158]Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s. 308A–308B and 321; Residential Tenancies Act 2010 (NSW), s. 105B; Residential Tenancies Act 1987 (WA), s. 71AB.

[159]Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s. 211; Residential Tenancies Act 1987 (WA), s. 45.

[160]Residential Tenancies Act 2010 (NSW), s. 71; Residential Tenancies Act 1997 (Vic), s. 70A; Residential Tenancy Act 1997 (Tas), s. 57; Residential Tenancies Act 1997 (ACT) s. 54.

[161]Residential Tenancies Act 2010 (NSW), s. 213A; Residential Tenancies Act 1987 (WA), s. 82J; Residential Tenancies Act 1997 (Vic), s. 439E.

[162]Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s. 461; Residential Tenancies Act 1997 (ACT) s. 99.

[163]Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s. 245; Residential Tenancies Act 1987 (WA), s. 71AE; Residential Tenancies Act 1997 (Vic), s. 91V; Family Violence Act 2004 (Tas), s. 17; Residential Tenancies Act 1997 (ACT) s. 85A; Residential Tenancies Act 1995 (SA), s. 89A; Domestic and Family Violence Act 2007 (NT), s. 23.

[164]Residential Tenancies Act 2010 (NSW), s. 79.

[165]See, for example, Ms Damiya Hayden, Policy Lead, Change the Record, Committee Hansard, 27 September 2023, p. 21; NT Shelter, Submission 112, p. 15.

[166]See, for example, Women’s Legal Services Australia (WLSA), Submission 37, pp. 5–6; Change the Record, Submission 128, p. 8; Ms Anna Baltins, Associate Director, Domestic and Violence, Legal Aid NSW, Committee Hansard, 24 August 2023, p. 18; Ms Nadia Bromley, CEO, Women’s Legal Service Queensland (WLSQ), Committee Hansard, 23 August 2023, p. 43; Legal Aid NSW, Submission 42, p. 25.

[167]WLSA, Submission 37, p. 6.

[168]WLSA, Submission 37, p. 5; Centre for Non-Violence, Submission 73, [pp. 2–3]; Full Stop Australia, Submission 126, pp. 4–6.

[169]Peninsula Community Legal Centre, Submission 94, p. 12; Change the Record, Submission 128, p. 8; Ms Anna Baltins, Associate Director, Domestic and Violence, Legal Aid NSW, Committee Hansard, 24 August 2023, p. 18; Ms Nadia Bromley, CEO, WLSQ, Committee Hansard, 23 August 2023, p. 43.

[170]Legal Aid NSW, Submission 42, p. 25.

[171]WLSA, Submission 37, p. 7.

[172]Safe & Equal, Submission 134, p. 4. See also Ms Nadia Bromley, CEO, WLSQ, Committee Hansard, 23 August 2023, p. 45.

[173]Legal Aid NSW, Submission 42, p. 25.

[174]Legal Aid NSW, Submission 42, p. 25.

[175]DCLS, Submission 109, p. 11.

[176]The Hon Anthony Albanese MP, Prime Minister of Australia, ‘Meeting of National Cabinet—Working together to deliver better housing outcomes’, Media Release, 16 August 2023, Attachment 2, para. 5(iii).

[177]See, for example, Centre for Excellence in Child and Family Welfare, Submission 18, p. 3; Ms Kate Colvin, CEO, Homelessness Australia, Committee Hansard, 30August 2023, p. 37; Ms Linda Forbes, Law Reform Officer, Economic Justice Australia (EJA), Committee Hansard, 24 August 2023, p. 14.

[178]See, for example, Ms Fiona Caniglia, Executive Director, Q Shelter, Committee Hansard, 23 August 2023, p. 8, WLSA, Submission 37, p. 6.

[179]Ms Fiona Caniglia, Executive Director, Q Shelter, Committee Hansard, 23 August 2023, p. 8.

[180]See, for example, Homelessness Australia, Submission 54, [p. 3]; AHURI, Submission 57, p. 2; Leanne, private capacity, Committee Hansard, 23 August 2023, p. 30.

[181]Uniting Communities, Submission 53, p. 8, AHURI, Submission 57, p. 37.

[182]WLSA, Submission 37, p. 4; Full Stop Australia, Submission 126, p. 3.

[183]Safe & Equal, Submission 134, p. 3. See also Ms Nadia Bromley, CEO, WLSQ, Committee Hansard, 23 August 2023, p. 45.

[184]See, for example, Change the Record, Submission 128, p. 9; Safe & Equal, Submission 134, p. 3.

[185]Safe & Equal, Submission 134, p. 3.

[186]Change the Record, Submission 128, p. 9.

[187]Safe & Equal, Submission 134, p. 5.

[188]WLSA, Submission 37, p. 6.

[189]The Hon Anthony Albanese MP, Prime Minister of Australia, ‘Meeting of National Cabinet – Working together to deliver better housing outcomes’, Media Release, 16 August 2023, Attachment 2, para. 5(iv).

[190]Centre for Non-Violence, Submission 73, [p. 4].

[191]Safe & Equal, Submission 134, pp. 3–4.

[192]Safe & Equal, Submission 134, p. 4.

[193]Safe & Equal, Submission 134, p. 4.

[194]Centre for Non-Violence, Submission 73, [p. 4].

[195]WLSA, Submission 37, p. 4; Safe & Equal, Submission 134, p. 5.

[196]WLSA, Submission 37, p. 7. See also Legal Aid NSW, Submission 42, p. 28.

[197]Change the Record, Submission 128, p. 8.

[198]Ms Aimee McVeigh, CEO, QCOSS, Committee Hansard, 23August 2023, p. 38.

[199]Legal Aid NSW, Submission 42, p. 28.

[200]See, for example, The Salvation Army, Submission 17, p. vi; WLSA, Submission 37, p. 7; Legal Aid NSW, Submission 42, p. 8.

[201]Multicultural Australia, Submission 104, p. 7.

[202]Safe & Equal, Submission 134, p. 4.

[203]Safe & Equal, Submission 134, p. 4. See also WLSA, Submission 37, p. 7.

[204]Peninsula Community Legal Centre, Submission 94, p. 7.

[205]Legal Aid NSW, Submission 42, p. 29; Safe & Equal, Submission 134, p. 4.

[206]WLSA, Submission 37, p. 4; Legal Aid NSW, Submission 42, p. 8; Safe & Equal, Submission 134, p. 3.

[207]See, for example, Legal Aid NSW, Submission 42, pp. 13–14; NARO, Submission 47, p. 3; Anika Legal, Submission 105, [p. 4]; AMIDA, Submission 129, p. 7; Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, pp. 23–24.

[208]See, for example, CFRC, Submission 40, p. 36; Public Interest Advocacy Centre (PIAC), Submission 45, p. 13; Uniting Communities, Submission 53, p. 7; RAHU, Submission 55, p. 11; UMSU, Submission 405, p. 3.

[209]See, for example, AHURI, Submission 57, p. 28; Abundant Housing Network Australia, Submission 64, p. 22; Anglicare Australia, Submission 100, p. 8; Anika Legal, Submission 105, pp. 3–5; NCOSS, Submission 106, p. 13; DCLS, Submission 109, p. 11; Mr Derek Schild, Head of Practice, Civil Justice Legal Practice, Legal Aid ACT, Committee Hansard, 30 August 2023, p. 18; Ms Damiya Hayden, Policy Lead, Change the Record, Committee Hansard, 27 September 2023, pp. 20–21.

[210]See, for example, SYC, Submission 25, pp. 3­­­–4; Uniting Communities, Submission 53, p. 4; Homelessness Australia, Submission 54, [p. 5]; RAHU, Submission 55, p. 13; Anika Legal, Submission 105, [p. 3].

[211]The Hon Anthony Albanese MP, Prime Minister of Australia, ‘Meeting of National Cabinet—Working together to deliver better housing outcomes’, Media Release, 16 August 2023, Attachment 2, para. 2.

[212]See, for example, Legal Aid NSW, Submission 42, p. 13; PIAC, Submission 45, p. 13; RAHU, Submission 55, p. 11.

[213]Legal Aid NSW, Submission 42, p. 13.

[214]Legal Aid NSW, Submission 42, pp. 13–14.

[215]Legal Aid NSW, Submission 42, p. 14.

[216]See, for example, SYC, Submission 25, p. 6; Uniting Communities, Submission 53, p. 7; Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 3.

[217]Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 3.

[218]SYC, Submission 25, p. 6.

[219]Uniting Communities, Submission 53, p. 7.

[220]See, for example, Uniting Communities, Submission 53, p. 7; Anika Legal, Submission 105, [p. 4]; Productivity Commission, Submission 148, p. 15; Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, p. 24.

[221]See, for example, Uniting Communities, Submission 53, p. 7; AHURI, Submission 57, p. 59; CSMC, Submission 98, [p. 10]; Productivity Commission, Submission 148, p. 15; Ms Amy Frew, Director, Client Services, Tenants Victoria, Committee Hansard, 27 September 2023, p. 8; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 25.

[222]Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, p. 23.

[223]RAAV, Submission 152, p. 6.

[224]Anika Legal, Submission 105, [p. 4].

[225]See, for example, Centre for Urban Research, RMIT, Submission 11, [p. 23]; RAAV, Submission 152, p. 8.

[226]Uniting Communities, Submission 53, p. 7.

[227]AMIDA, Submission 129, p. 7.

[228]See, for example, WEstjustice, Submission 177, [p. 2]; Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, p. 24.

[229]See, for example, Centre for Urban Research, RMIT, Submission 11, [p. 23]; WEstjustice, Submission 177, [p. 2].

[230]See, for example, Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 7; Productivity Commission, Submission 148, p. 15; University of Melbourne Student Union (UMSU), Submission 405, p. 3.

[231]Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 7.

[232]Productivity Commission, Submission 148, p. 15; UMSU, Submission 405, p. 3.

[233]Productivity Commission, Submission 148, p. 15.

[234]NARO, Submission 47, p. 3.

[235]Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, p. 24.

[236]WEstjustice, Submission 177, [p. 3]. See also NARO, Submission 47, p. 3; Anika Legal, Submission 105, [p. 5]; AMIDA, Submission 129, p. 7.

[237]See, for example, CFRC, Submission 40, p. 15; Legal Aid NSW, Submission 42, pp. 13–14; AMIDA, Submission 129, p. 7; Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, p. 23.

[238]See, for example, CFRC, Submission 40, p. 36; Legal Aid NSW, Submission 42, pp. 13–14; Dr Chris Martin, Senior Research Fellow, CFRC, UNSW Sydney, Committee Hansard, 24 August 2023, p. 44.

[239]Legal Aid NSW, Submission 42, pp. 13–14.

[240]Dr Chris Martin, Senior Research Fellow, CFRC, UNSW Sydney, Committee Hansard, 24 August 2023, p. 44.

[241]CFRC, Submission 40, p. 15.

[242]CFRC, Submission 40, p. 36.

[243]See, for example, Dr Chris Martin, Senior Research Fellow, CFRC, UNSW Sydney, Committee Hansard, 24 August 2023, p. 46; Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, p. 23.

[244]Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, p. 23.

[245]Dr Chris Martin, Senior Research Fellow, CFRC, UNSW Sydney, Committee Hansard, 24 August 2023, p. 46.

[246]Chris Martin, ‘Remote community’s High Court win is good news for renters everywhere’, ABC News, 2 November 2023, www.abc.net.au/news/2023-11-02/high-court-win-good-for-renters/103053756 (accessed 8 November 2023).

[247]Mr Christopher Carr, Program Manager, Tenancy, WEstjustice, Committee Hansard, 27 September 2023, p. 23.

[248]AMIDA, Submission 129, p. 7.

[249]SYC, Submission 25, p. 3.

[250]SYC, Submission 25, p. 3.

[251]SYC, Submission 25, p. 3.

[252]SYC, Submission 25, p. 3.

[253]See Interim report, pp. 46–51.

[254]See, for example, Family Access Network, Submission 2, [p. 1]; WIRE, Submission 19, [p. 2]; CFRC, Submission 40, p. 17; NARO, Submission 47, p. 2; Everybody’s Home, Submission 52, p. 8; Uniting Communities, Submission 53, p. 7; RAHU, Submission 55, pp. 13–14; Abundant Housing Network Australia, Submission 64, p. 21; Centre for Non-Violence, Submission 73, [p. 2]; Anglicare Australia, Submission 100, p. 8; CYPDA, Submission 102, [p. 5]; Anika Legal, Submission 105, pp. 3–5; NCOSS, Submission 106, p. 13; DCLS, Submission 109, p. 11; ACTCOSS, Submission 118, p. 6; HMAG, Submission 141, [p. 12]; Shelter SA, Submission 150, p. 4; UMSU, Submission 405, p. 4; Mr Derek Schild, Head of Practice, Civil Justice Legal Practice, Legal Aid ACT, Committee Hansard, 30 August 2023, p. 18; Ms Damiya Hayden, Policy Lead, Change the Record, Committee Hansard, 27 September 2023, pp. 20–21.

[255]Anika Legal, Submission 105, Attachment 1, pp. 6–11.

[256]Anika Legal, Submission 105, Attachment 1, pp. 6–11.

[257]NARO, Submission 47, p. 2; Uniting Communities, Submission 53, p. 7; Anglicare Australia, Submission 100, p. 8; UMSU, Submission 405, p. 4.

[258]Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 7.

[259]Mr Derek Schild, Head of Practice, Civil Justice Legal Practice, Legal Aid ACT, Committee Hansard, 30 August 2023, p. 18.

[260]See, for example, Advocacy and Rights Centre Justice and Housing Justice (ARCJ & HJ), Submission 30, [p. 5]; Abundant Housing Network Australia, Submission 64, p. 22; Anglicare Australia, Submission 100, p. 8; Anika Legal, Submission 105, Attachment 1, p. 13; ANTAR, Submission 111, p. 19; Shelter SA, Submission 150, p. 6; ACT Greens, Submission 165, p. 8; Mr Derek Schild, Head of Practice, Civil Justice Legal Practice, Legal Aid ACT, Committee Hansard, 30 August 2023, p. 18; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 26.

[261]AHURI, Submission 57, p. 59.

[262]NARO, Submission 47.1, [p. 27].

[263]Mr Derek Schild, Head of Practice, Civil Justice Legal Practice, Legal Aid ACT, Committee Hansard, 30 August 2023, p. 18.

[264]AHURI, Submission 57, p. 60.

[265]AHURI, Submission 57, p. 60.

[266]YWCA Australia, Submission 173, p. 8. See also Abundant Housing Network Australia, Submission 64, p. 22; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 26.

[267]AHURI, Submission 57, p. 60.

[268]Emeritus Professors David Hayward and Terry Burke, Submission 14, p. 6; Abundant Housing Network Australia, Submission 64, p. 7; WACOSS, Submission 81, p. 7.

[269]Abundant Housing Network Australia, Submission 64, p. 7; WACOSS, Submission 81, p. 7.

[270]Abundant Housing Network Australia, Submission 64, p. 7.

[271]Emeritus Professors David Hayward and Terry Burke, Submission 14, p. 6. See also SYC, Submission 25, p. 5; Think Forward, Submission 122, p. 32.

[272]See, for example, AHURI, Submission 57, p. 28; NCOSS, Submission 106, p. 13; Black Dog Institute and Suicide Prevention Australia (BDI & SPA), Submission 107, [p. 9]; DCLS, Submission 109, p. 11; HMAG, Submission 141, [p. 12]; Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, pp. 4–6; Dr Jemima Mowbray, Policy and Advocacy manager, Tenants’ Union of NSW, Committee Hansard, 24 August 2023, p. 7; Mr Thomas Chailloux, Policy Officer, Homeless Persons Legal Service, PIAC, Committee Hansard, 24 August 2023, p. 19; Mr Derek Schild, Head of Practice, Civil Justice Legal Practice, Legal Aid ACT, Committee Hansard, 30 August 2023, p. 18.

[273]Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 7.

[274]Emeritus Professors David Hayward and Terry Burke, Submission 14, p. 6; Per Capita, Submission 61, p. 42; BDI & SPA, Submission 107, [p. 9]; Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 6.

[275]SYC, Submission 25, p. 5; Think Forward, Submission 122, p. 32; Mr Derek Schild, Head of Practice, Civil Justice Legal Practice, Legal Aid ACT, Committee Hansard, 30 August 2023, p. 18.

[276]Ms Penny Carr, CEO, Tenants Queensland, Committee Hansard, 23 August 2023, p. 5; Dr Jemima Mowbray, Policy and Advocacy manager, Tenants’ Union of NSW, Committee Hansard, 24 August 2023, p. 7.

[277]CFRC, Submission 40, p. 35. See also Per Capita, Submission 61, p. 42; Think Forward, Submission 122, p. 32.

[278]NARO, Submission 47.1, [p. 26]; Per Capita, Submission 61, p. 42. See also CHIA, Submission 41, p. 23; RAHU, Submission 55, p. 14; Ms Annelies Allcock, Submission 376, pp. 1–2.

[279]CHIA, Submission 41, pp. 23–24.

[280]Ms Annelies Allcock, Submission 376, pp. 1–2.

[281]REIQ, answer to question on notice, 23 August 2023 (received 29 August 2023), [p. 2].

[282]REIQ, answer to question on notice, 23 August 2023 (received 29 August 2023), [pp. 3–9].

[283]City of Adelaide, Submission 27, p. 7. See also Mr Jordan van den Berg, Submission 355, [p. 4].

[284]See, for example, Legal Aid NSW, Submission 42, pp. 31–33; NARO, Submission 47.1, [pp. 37–38]; AHURI, Submission 57, p. 27; Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 24.

[285]See, for example, SYC, Submission 25, p. 4; Legal Aid NSW, Submission 42, pp. 31–33; Make Renting Fair Alliance (WA), Submission 334, p. 3; Building Tenancy Skills Project, Submission 338, p. 7; UMSU, Submission 405, p. 7; Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3.

[286]Southern Homelessness Services Network (SHSN), Submission 82, pp. 11–12; St Vincent de Paul Society National Council, Submission 125, p. 5; Mr Simon Roberts, President, RAAV, Committee Hansard, 27 September 2023, p. 40.

[287]See, for example, Professor Alan Morris, Submission 44, p. 4; NARO, Submission 47.1, [pp. 37–38]; SHSN, Submission 82, p. 12; St Vincent de Paul Society National Council, Submission 125, p. 5; Western Homelessness Network, Submission 143, p. 16;Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3.

[288]Mr Simon Roberts, President, RAAV, Committee Hansard, 27 September 2023, p. 40.

[289]St Vincent de Paul Society National Council, Submission 125, p. 5.

[290]See, for example, Professor Alan Morris, Submission 44, p. 4; SHSN, Submission 82, p. 12; Western Homelessness Network, Submission 143, p. 16.

[291]WIRE, Submission 19, [p. 3]; Western Homelessness Network, Submission 143, p. 16.

[292]See, for example, NARO, Submission 47.1, [pp. 37–38]; AHURI, Submission 57, p. 27; Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3.

[293]NARO, Submission 47.1, [p. 37].

[294]RAAV, Submission 152, p. 5; Mr Simon Roberts, President, RAAV, Committee Hansard, p. 42; RAAV, answer to question on notice, 27 September 2023 (received 12 October 2023), [pp. 1–2].

[295]See, for example, NARO, Submission 47.1, [pp. 37–38]; Make Renting Fair Alliance (WA), Submission 334, p. 3; Building Tenancy Skills Project, Submission 338, p. 7; Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3.

[296]See, for example, SUPRA, Submission 95, [p. 3]; University of Sydney Students’ Representative Council, Submission 183, [p. 5]; UMSU, Submission 405, p. 3; Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 24.

[297]UMSU, Submission 405, p. 5; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 24. See also Residential Tenancies Act 1997 (Vic), s. 21.

[298]See, for example, SUPRA, Submission 95, [p. 3]; UMSU, Submission 405, p. 6; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 24.

[299]See, for example, SUPRA, Submission 95, [p. 3]; UMSU, Submission 405, p. 6.

[300]UMSU, Submission 405, p. 6.

[301]See, for example, SUPRA, Submission 95, [p. 3]; Redfern Legal Centre, Submission 113, [p. 1]; Ethnic Communities Council of Western Australia, Submission 124, p. 2; University of Sydney Students’ Representative Council, Submission 183, [p. 2]; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 24.

[302]SUPRA, Submission 95, [pp. 3–4]; University of Sydney Students’ Representative Council, Submission 183, [p. 2].

[303]SUPRA, Submission 95, [p. 3]. See also UMSU, Submission 405, p. 6; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 24.

[304]See, for example, University of Sydney Students’ Representative Council, Submission 183, [p. 5]; Make Renting Fair Alliance (WA), Submission 334, p. 3; UMSU, Submission 405, p. 7; Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, pp. 24 and 27.

[305]See Interim report, p. 52. See also NT Shelter, Submission 116, p. 8; St Vincent de Paul Society National Council, Submission 125, p. 3; Older Women’s Network NSW, Submission 135, [p. 4]; Australian Education Union (AEU), Submission 137, pp. 3–4; Shelter SA, Submission 150, p. 2; Monte Carlo Residents Association, Submission 175, [p. 1]; Ms Aimee McVeigh, CEO, QCOSS, Committee Hansard,23 August 2023, p. 37.

[306]Monash Law Students’ Society, Submission 158, p. 3.

[307]See, for example, Legal Aid NSW, Submission 42, pp. 31–33; NARO, Submission 47.1, [pp. 37–38]; Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3.

[308]Legal Aid NSW, Submission 42, pp. 31–33.

[309]Legal Aid NSW, Submission 42, p. 31.

[310]Legal Aid NSW, Submission 42, p. 31.

[311]See, for example, Legal Aid NSW, Submission 42, p. 34; NARO, Submission 47.1, [pp. 37–38]; Ms Farah Farouque, Director of Community Engagement, Tenants Victoria, NARO, Committee Hansard, 30 August 2023, p. 3.

[312]Ms Natalie Bradshaw, Acting Solicitor in Charge, Combined Civil Law Specialist Teams, Legal Aid NSW, Committee Hansard, 24 August 2023, p. 20.

[313]See, for example, Dr John Hawkins, Hugh Meredith and Dr Yogi Vidyattama, Submission 31, [p. 7]; CFRC, Submission 40, p. 27; AHURI, Submission 57, p. 4; Grattan Institute, Submission 127, pp. 2 and 3.

[314]See, for example, Anglicare WA, Submission 3, [p. 5] Headspace, Submission 23, p. 8; NT Shelter, Submission 116, p. 8; HAAG, Submission 130, p. 5; AEU, Submission 137, p. 4.

[315]See, for example, Mr Stephen Bates MP, Submission 71, [p. 8]; UMSU, Submission 405, p. 8; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 27.

[316]Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 27.

[317]UMSU, Submission 405, p. 8.

[318]See, for example, UMSU, Submission 405, p. 8; Ms Isabelle Butler, Senior Lawyer, UMSU Legal Service, Committee Hansard, 27 September 2023, p. 27. See also ACT Government, Submission 9, [p. 7]; ACT Greens, Submission 165, p. 6.