Wednesday, 31 July 2024
Bills
Residential Tenancies and Funerals Amendment Bill 2024
Bills
Residential Tenancies and Funerals Amendment Bill 2024
Statement of compatibility
Mary-Anne THOMAS (Macedon – Leader of the House, Minister for Health, Minister for Health Infrastructure, Minister for Ambulance Services) (11:19): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Residential Tenancies and Funerals Amendment Bill 2024:
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this Statement of Compatibility with respect to the Residential Tenancies and Funerals Amendment Bill 2024.
In my opinion, the Residential Tenancies and Funerals Amendment Bill 2024 (the Bill), as introduced to the Legislative Assembly, is compatible with the human rights protected by the Charter. I base my opinion on the reasons outlined in this statement.
Overview of the Bill
The Bill amends the Residential Tenancies Act 1997 (RT Act) to introduce reforms to strengthen consumer protections for site tenants of residential parks. Key reforms include requiring site agreements to be in a standard form, strengthened pre-contract disclosure requirements, and ensuring transparency around the method used by site owners in calculating rent increases. It will be an offence to prepare or authorise the preparation of a site agreement that is not in the prescribed standard form, punishable by a fine of up to 25 penalty units. The Bill will also amend the Funerals Act 2006 (Funerals Act) to enhance funeral price disclosure requirements. The reforms will bring Victoria into line with other states by requiring funeral service providers to display their goods and services price list on their website and at their business premises, in a form and with details to be prescribed in regulations. It will be an offence to fail to comply with the price disclosure requirements, punishable by a fine of up to 60 penalty units.
Human rights issues
The human rights protected by the Charter that are relevant to the Bill are:
• The right to privacy and reputation (section 13);
• The right to freedom of expression (section 15).
Right to privacy and reputation
Section 13 of the Charter provides that a person has the right not to have their privacy unlawfully and arbitrarily interfered with and the right not to have their reputation unlawfully attacked.
Clause 5 of the Bill provides for expanded pre-contractual disclosure of information to a prospective site tenant of a residential park. A site owner will be required disclose a range of information to site tenants to better enable them to make an informed decision to enter into a site agreement. Information to be disclosed may include a range of personal information relating to the site owner or owner of the residential park, including their name, address, and contact details. Non-compliance with the disclosure requirements will be an offence, punishable by a fine of up to 60 penalty units. The Bill may engage the right to privacy under section 13(a) of the Charter to the extent that clause 5 expands the nature and extent of personal information that a site owner must disclose to a prospective site tenant.
Clause 3 of the Bill will also require site agreements to be in a prescribed form. The contents and form of the prescribed form site agreement will be set out in regulations. However, it is intended that the prescribed form site agreement would also require the disclosure of a range of personal information pertaining to both the site owner and the site tenant, including names, current addresses, contact details, Australian Corporations Number (if relevant). The Bill may engage the right to privacy under section 13(a) of the Charter in the unlikely event that clause 3 requires a site owner and a site tenant to disclose more personal information in the prescribed site agreement than is currently required.
However, in my view, any interference with the right to privacy will not be unlawful. The Bill will only require, or enable, the disclosure of limited information in circumstances that are confined by the regulatory framework for residential parks under Part 4A of the RT Act. Any such interference would also not be arbitrary in the sense of resulting from unpredictable, unjust, or unreasonable conduct. Disclosure of personal information under the Bill is fundamental to the equitable transacting between a site tenant and site owner, ensuring site tenants are provided with the necessary information to properly inform in their decision to enter into a site agreement. Accordingly, I consider that the Bill is compatible with the right to privacy.
Right to freedom of expression
Section 15(2) of the Charter provides that every person has the right to freedom of expression. This includes the freedom to seek, receive and impart information and ideas of all kinds – whether orally, in writing, in print or by way of art or other medium chosen by that person. The right to freedom of expression is generally considered to encompass the right not to impart information.
Clause 3 will require site agreements to be in a prescribed form. This requirement will take effect for all new site agreements that are entered into on and from 1 August 2025. In doing so, the Bill amends section 206F of the RT Act to provide that any other additional term of a site agreement must not be inconsistent with the prescribed form of site agreement. Any such additional term will be void. This may engage the right to freedom of expression enjoyed by both site tenants and site owners by constraining their ability to impart information and ideas through agreed additional terms of a site agreement.
Clause 9 of the Bill will also require funeral service providers to publish on their website and display at their business premises the providers’ goods and services price list, and their coffin price list, whether that be in one or two separate lists. Clause 10 will also enable regulations to be made prescribing the form and particulars for the goods and services price list and coffin price list to be published online or physically displayed. Non-compliance with this disclosure requirement will be an offence, punishable by a fine of up to 60 penalty units. Although this reform will not prevent funeral service providers from displaying their price lists through other mechanisms, it may nevertheless engage the right to freedom of expression by compelling funeral service providers to impart information via the specified media of the internet and public display, in a form and including particulars not determined by the funeral service provider.
To the extent that the Bill engages the freedom of expression under section 15(2), I consider that the right is not limited as any such impact of these amendments is necessary to protect the rights of the public, including those in the market as a prospective site tenant as well as consumers of funeral goods and services. The amendments are required to ensure that consumers are not subject to unfair or unclear contract terms included in addition to the prescribed form of site agreement, and that consumers can make a fully informed decision to acquire funeral goods and services with transparency of relevant costs.
The Hon. Gabrielle Williams MP
Minister for Government Services
Minister for Consumer Affairs
Minister for Public and Active Transport
Second reading
That this bill be now read a second time.
I ask that my second-reading speech be incorporated into Hansard.
Incorporated speech as follows:
We know the provision of information is critical to Victorians exercising their rights and driving compliance with consumer laws. This Bill includes a package of reforms that ensures Victorians have the appropriate information when making critical decisions about their housing arrangements or when making funeral arrangements following the passing of a loved one.
Enhanced protections for residents of residential parks
The Victorian Government is committed to delivering new protections for Victorians living in residential parks and supporting them to make informed choices about their housing. Residential parks are regulated under Part 4A of the Residential Tenancies Act 1997 (Residential Tenancies Act) and are commonly marketed as a lower cost or alternative accommodation option for Victorians. Residents living in residential parks usually own a moveable dwelling (a small house) and rent the underlying site (land) from the owner, who are often land lease companies. With the existing pressure on Victoria’s housing market, more and more Victorians are turning to residential parks and there has been a substantial growth in the land lease industry. This pressure presents new risks as the market is not well regulated - information on caravans and moveable dwellings is registered with local councils, but there are few protections for residents who lease land. The Bill will amend the Residential Tenancies Act to strengthen consumer protections and clarify rights and obligations to better support these vulnerable cohorts.
In this Bill we will introduce targeted reforms which address concerns raised by residents and their advocates. These issues were identified as part of the consultation on the Victorian Government’s review of the Retirement Villages Act 1986. We will amend Part 4A of the RT Act to require site agreements to be in a prescribed standard form, prescribe specified methods for calculating rent increases, and strengthen pre-contract disclosure requirements. Regulations will be made to prescribe the relevant details.
These reforms will improve clarity and transparency for consumers entering residential park contracts, better support residents to make informed choices about entering, living in, and leaving a residential park and will respond to concerns raised by residents and their advocates.
We know that there is more work to do to ensure that the rights of residents are protected; this is the first step in strengthening protections for these Victorians.
Strengthening funeral price transparency
The Victorian Government is also committed to increasing transparency on funeral pricing to support Victorians to make informed choices when they are grieving and vulnerable. The Funerals Act 2006 does not currently require funeral providers to display their price list online or at their business premises. As a result, consumer advocates have raised concerns about the lack of pricing transparency in Victoria.
To increase transparency, the Bill will require providers to display a price list for all goods and services on their online business website and in a prominent position at their business premises. Funeral providers will also be required to publish and display a coffin price list in the same place. A failure to comply with the display requirements will be an offence.
The Bill will enable regulations to be made that set out the prescribed form for the price list and the particulars that must be displayed online and at the funeral service provider’s business premises.
These reforms will bring Victoria into line with the law in other jurisdictions that have already enacted funeral pricing transparency reforms, including New South Wales, Western Australia and Queensland, and support consumers to make informed choices at a very difficult time.
I commend the Bill to the house.
Tim BULL (Gippsland East) (11:20): I move:
That the debate be adjourned.
Motion agreed to and debate adjourned.
Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 14 August.