Ms BADGER – Minister, Tasmania’s rental system is in crisis and Tasmanians are struggling to find an affordable and safe place to call home. Rents keep going up and we have homes that are barely liveable being rented out for astronomical prices. Given these urgent problems, the Greens have welcomed the government’s decision to move forward with the Tenancy Act review. Minister, can you please confirm that the due date for that review will be moved forward by your government from 30 June 2027? If so, when to?
Mr BARNETT – Thank you very much for the question and for your support of our efforts to provide and progress that reform. It’s very important. We progressed with pets in rentals more recently, for which I appreciate the support of the parliament. As you know it was agreed at the national level to progress with residential tenancy legislation. Likewise, our own Tasmanian housing strategy, which I announced some years ago, was set out in that strategy that there would be a review.
As for the timeline, we’ve brought forward the release of a discussion paper on the importance of that matter to the first half of next year to give members of the public, tenants, the Tenants’ Union, the various stakeholders, property owners, and the like the opportunity to express their views on that. In the second half of next year, in expectation to release a draft bill for consultation towards the back end of next year, is my expectation at this stage. Of course, that will depend somewhat on the feedback we get from the discussion paper, but that’s the current plan. We will then progress as soon as possible. Once that draft bill is released, we’ll get feedback on that, then respond to that and, hopefully, introduce the relevant legislation as soon as possible in 2027.
Ms BADGER – Thank you, minister. As a part of your response, you referenced the 2023 national – it’s called the Better Deal for Renters. In this you agreed to reform a few things, including unfair evictions, limits break, lease fees and the introduction of standard rental forms. Since that 2023 deal, we haven’t seen any action. I acknowledge you’ve mentioned it as part of the review, though. Will you honour that commitment and move forward on this reform like other states and territories have, while broader reform is being considered in the Tenancy act review?
Mr BARNETT – Thank you for the question. In terms of the Better Deal for Renters, in August 2023, the national cabinet agreed to nine measures to harmonise the rental laws and strengthen renters’ rights across Australia. Tasmania’s already fully or partially delivered on seven measures, the two measures that require further work and I’ll identify them for the committee. Limits to break lease fees, and that’s measure number six, and the current law holds tenants responsible for rents until the lease ends or a new tenant is found. The second one is making rental applications easier and fairer. Measure seven, no prescribed rental application form currently exists. There are no prescribed time periods for retention of a renter’s personal information, is the advice that I have received. The government’s going to consider, at this stage, in due course, what amendments are required to implement those two measures in Tasmania. We’ll consider what, if any, further work may be needed to be done on the other seven measures.
Ms BADGER – Just to clarify, in ‘due course,’ is there any other – that you’re going to consider these? Can you provide anything more specific as to what ‘due course’ would be in terms of a timeframe, please?
Mr BARNETT – Thank you for the question. I don’t have a time in mind. I’m more than happy to take that question on notice and come back to the member through this committee. Following further advice and feedback, I can discuss that with the department and get back to the member through the committee.
Ms BADGER – Thank you.
Ms BADGER – Thank you. Attorney-General, just on your answer to my last question, you didn’t make mention of ending end‑of‑lease evictions, and I just note that reasonable grounds for eviction was part of the 2023 A Better Deal for Renters. Are you not going to be considering that as a part of the review you’re working on ‑ ending end-of-lease evictions?
Mr BARNETT – Yes. My advice is that the break lease measures will be part of the broader review of the Residential Tenancy Act, which will kick off in the first half of next year, with draft legislation in the second half of next year.
Ms BADGER – Thank you, Attorney-General. When the Tenants’ Union called for that review onto the act, they called for it to cover a few different things. These included security of tenure, rent controls, lease break fees, as well as the standard forms that we’ve already spoken about, minor modifications, minimum energy efficiency standards, and regulation of the short‑stay sector. Have you got the terms of reference for that review set out yet, or for your draft paper, and can you confirm that it will cover those areas?
Mr BARNETT – I can confirm it will cover a very broad range of areas to allow for a comprehensive review of the residential tenancy legislation in Tasmania. I can’t be exact, other than saying it’ll be a broad range of issues that’ll be covered in that review. Once we have that together, we’ll certainly release that and be able to allow for comment and feedback. We’re looking forward to that feedback, engaging with the Tenants’ Union, property owners, the Real Estate Institute and many, many other stakeholders. I am really looking forward to that. There’s a very big body of work.
The department’s already been working on the preparation for a release of that discussion paper in the first half of next year. The department knows that I’ve asked for it to be progressed as a priority in light of the concerns in the community and in light of the commitments that we’ve given at a national level, and likewise in the housing strategy that I announced some years ago.
Ms BADGER – Minister, the government received $2.16 million in interest on tenancy bonds in the financial year 2024‑25, and yet tenants seeking dispute resolution face wait times that can exceed 90 days for a determination from the Residential Tenancy Commissioner (RTC). According to RTI documents, the RTC operates with around 7.5 FTE staff who wrote 2318 determinations last year, that’s 309 per FTE, on top of all their other duties.
Given that tenants are generating significant revenue through their bond holdings, there appears to be a disconnect between the funds collected and the service standards that are being delivered. Minister, can you confirm the current staffing level at the Residential Tenancy Commissioner’s office and has that changed since the bond interest revenue began growing?
Mr BARNETT – Thanks very much for the question. There’s a fair bit of detail in that question, so I’d be more than happy to pass to Robyn Pearce, who’s the head of the Consumer, Business and Occupational Services to assist the member in terms of rental deposit authority, and of course, the Residential Tenancy Commissioner, who is, in fact, Robyn Pearce – one person with different roles and different hats. Of course it’s important that it provides that stability, support and continuity within the rental industry. I’ll just see if Robyn Pearce is able to respond to the member’s question.
Ms PEARCE – Thank you. Through you minister. The current staffing levels within what we call rental services is – we’re funded for nine FTEs in that particular area. The staffing levels have changed. In 2024, through a grant from the Property Agents Board to fund an additional three investigators, who have been employed now through the 2024‑25 financial year. We’re seeing a progressive decrease in the amount of time that it takes to resolve disputes.
Ms BADGER – Thank you. Through you minister, what is the target timeframe for issuing determinations and what percentage of cases are currently meeting this target? And, I just want to clarify, you said that there was funding for nine positions, they are all fully employed, so there would be 12 total with the extras?
Ms PEARCE – Through you deputy. No, the nine is inclusive of the three.
Ms BADGER – Okay, thank you.
Ms PEARCE – The current KPI – We’ve previously been resolving disputes at around the 40‑45 day mark, 49 day mark. This financial year, so far, we’re resolving them within 42.6 days. That’s in 2025‑26 to date.
Ms BADGER – Minister, going back to the Residential Tenancy Commissioner’s office, is there any data for the past few years on how many disputes have been withdrawn or resolved informally due to the excessive wait times, rather than progressing them through to determination?
Mr BARNETT – Thank you very much and the commissioner is here at the table, but I can assure you we have quite a lot of information about the good work of the commissioner, but I will refer the question to Robyn Pearce.
Ms PEARCE – Thank you and through you, minister. I’d just like to point out that the reason we’ve had such an increase in the dispute timeframes is because of the success of the MyBond system, which has made it much easier for agents and owners to manage the bond claim and the dispute process. Thanks to that improved accessibility, the parties are now more likely to engage and respond to claims, which has increased the number of disputes where both parties lodge the submissions for assessment by the commissioner. Now, within that we do hold data on the number of matters that might be resolved without a determination, but that is not going to go to whether or not that was resolved because of the wait times, it will simply mean a resolution may have been received. But, I don’t have that data with me at this point in time.
Ms BADGER – Okay, thank you. Minister, as a few other members of the committee have touched on, fresh produce is an incredible asset to Tasmania, it’s a large part of underpinning our brands, the pride that we have in our brand of paddock to plate. There are new regulations coming in and I appreciate they’re not directly under your portfolio minister, but, while they’re aligning Tasmania with other national standards, it’s a balancing act between the export of those products that you’re dealing with and ensuring that small businesses, particularly those that participate in markets aren’t incurring a burden of administration or additional costs.
What input are you having and working with your colleagues to ensure that those regulations are fairly balanced, so that Tasmania isn’t missing out on the national stage, and small businesses can continue operating as they are?
Mr BARNETT – Thank you very much for the question. I appreciate where you’re coming from and your interest in this matter, like myself. I have a considerable interest and I raised this directly with the Minister for Primary Industries and Water, Gavin Pearce, who’s doing an excellent job advocating for agriculture and our primary industries, more generally, and responsible for Biosecurity Tasmania. The question is more directly relevant to Biosecurity Tasmania as you would have heard in parliament last week with a question on notice relating to this very matter, but I’ll check with my deputy secretary if there’s anything to add to that answer.
Mr MOGRIDGE – A very small addition, through you, minister, is to acknowledge that we are looking at the trade strategy at the moment and are mindful of developing issues in the context of how we facilitate the best outcomes through that strategy. We will need to turn our minds to some of these issues at a higher level and make sure we’re working across agencies to get the best outcomes.
Ms BADGER – Attorney-General, has CBOS assessed whether the three‑monthly rental inspections that Tasmania has is excessive compared to other jurisdictions, and whether this frequency contributes to housing insecurity?
Mr BARNETT – Thank you for the question and your interest in the matter. I’ll pass to the CBOS Director, or did you want that question again?
Ms PEARCE – Yes, please.
Mr BARNETT – We might just repeat that question.
Ms BADGER – No worries. It was just whether CBOS has assessed whether the three‑monthly inspections are excessive compared to other jurisdictions and whether that frequency contributes to housing insecurity?
Ms PEARCE – Through you, Deputy Premier. To my awareness, no, that matter has not been considered.
Ms BADGER – Thank you. Attorney-General, I acknowledge you went some way in responding to part of this question with Dr Broad’s previous question. As you would be aware, residents of the Beauty Point Caravan Park have been living under constant threat of eviction for well over a year. Hearing that the government is intervening with the active court case is a huge deal for them, but it is unclear what your intervention, as Attorney-General, would mean for them. Can you provide some more clarity to residents in that respect, and for the fact that they have been left in the dark? They’ve been facing eviction for over a year.
Further on Dr Broad’s question, can you confirm that within the next 12 months you’re going to be bringing in changes to protect the rights of long-term residents in caravan parks?
Mr BARNETT – Thank you for your question and your interest in this matter. I acknowledge Prof Razay and many other members of parliament ‑ of course, Jo Palmer and others ‑ who have been doing their level best to support the local community and seek support and encouragement for the long-term residents in caravan parks, including at Beauty Point. I want to recognise that. We’re certainly working very constructively to address those concerns. Of course, I should mention the Chair, Rob Fairs, in terms of your commitment to the local community at Beauty Point. We’ve been working very constructively accordingly.
I take my role very seriously and took advice with respect to the opportunity to intervene. It’s very unusual, but the Crown Proceedings legislation does provide that opportunity, so I have taken advice and have acted accordingly. I have done that with the objective of seeking clarity and avoiding confusion, and to represent my view, to ensure that the interests of long‑term residents in caravan parks are protected and clarified.
Likewise, the interests of the owners of long-term residency in caravan parks as well, to get clarity around those responsibilities and those functions of both the long-term residents and the owners. We’ve made it clear that I’ll be releasing legislation before Christmas, which will be available for public comment. It will be draft legislation. It’s a very complex matter ‑ it’s important that we get the balance right.
