Ms BADGER question to PREMIER, Mr ROCKLIFF
Your government’s draft Residential Tenancy Amendment Regulations 2024 advance your election policy for on-farm tenancy made available in relation to an employment contract that are not subject to provisions that regulate end-of-lease termination agreements. This would create significant housing insecurity for our critical primary production workers and has been opposed by Tasmanian groups who care about the wellbeing and human rights of on-farm workers. No submissions were made in the consultation process that proposed or endorsed this approach. Who requested these regulatory changes? Where did they come from and do you think that the empathetic Tasmanian groups who are opposing the regulation amendments who are standing for housing stability for our critical on-farm workers, are the people that your party director referred to as ‘dangerous activists’ in his submission to the Greens electoral bill?
ANSWER
Honourable Speaker, I thank the member for Lyons. There is a fair bit packed into that question, but I will answer as best as I possibly can.
Our focus is firmly on delivering our 2030 Strong Plan for Tasmania’s Future and our 100 days’ commitment of 78 actions. We look forward to further actions over the next 100 days.
We recognise that a major barrier for farmers is having the workforce they need and appropriate on‑site housing. We are committed to providing farmers with greater flexibility under the Residential Tenancy Act 1997 to offer on‑farm residence as part of an employment contract. As such, we will address barriers through regulations which have been released in draft form for consultation. I am advised they will commence in September to allow the appropriate educational materials to be prepared ahead of time.
As the honourable member would appreciate, many agricultural businesses in Tasmania provide on‑farm accommodation to employees. If the accommodation provided is covered by the Residential Tenancy Act 1997, there can be uncertainty and confusion for all parties if an employment contract ends while a residential tenancy contract remains in place.
Unlike in a number of other Australian jurisdictions, Tasmania’s Residential Tenancy Act lacks specific provisions to address the unique circumstances of agricultural businesses providing on‑site accommodation to employees. These regulatory changes will allow primary production agreements that form part of an employment agreement to tie the termination of or expiry of the agreement to the person’s employment. This means that when a person’s employment ceases, the link to residential tenancy agreement will also cease.
Importantly, the National Employment Standards apply to notice periods for the termination of employment, and other provisions of the Residential Tenancy Act 1997 will continue to apply to residential tenancy agreements. This means that tenants with primary production residential tenancy agreements linked to their employment will continue to have the relevant protections importantly in relation to quiet enjoyment, right of entry and requirements for smoke alarms and the like.
SUPPLEMENTARY QUESTION
Ms BADGER – A supplementary question, Speaker.
The SPEAKER – I will hear the supplementary question.
Ms BADGER – Where did the regulations come from? They were not suggested by anyone in any submission.
The SPEAKER – The Premier gave a comprehensive answer about the impact of the reforms. I think the only question outstanding is for the Premier to advise where the impetus for the reforms are.
Mr ROCKLIFF – I can provide an answer for you. I will take that on notice, if that is alright, Ms Badger. The honourable member who was shadow minister for agriculture at the time –
Ms Butler – She knows her stuff.
The SPEAKER – Thank you. If the two of you would like to go outside and praise each other, please do so. But at this stage, I think Ms Badger is waiting for an answer to the question.
Mr ROCKLIFF – That is all right – it is 1-1. I said that Minister Ellis was sharp as a tack this morning, so I guess we are complementing each other’s team members.
The SPEAKER – I do not think we believe that though, Premier.
Mr ROCKLIFF – I will take that on notice. As you would appreciate, with a lot of the commitments we make, on all sides, it is the advocacy on behalf of Tasmanians wearing various hats, including Primary Employers Tasmania.
