Thursday, 21 March 2024

Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Bill 2024

Introduction and first reading

The PRESIDENT (17:38): I have a further message from the Legislative Assembly:

The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to amend the Residential Tenancies Act 1997 in relation to funding dispute resolution and advocacy services, to amend the Estate Agents Act 1980 in relation to funding dispute resolution and advocacy services and to abolish the Estate Agents Council, to amend the Business Licensing Authority Act 1998 to facilitate closure of the Sex Work Regulation Fund, to amend the Public Records Act 1973 to abolish the Public Records Advisory Council and for other purposes.’.

Harriet SHING (Eastern Victoria – Minister for Housing, Minister for Water, Minister for Equality) (17:38): I move:

That the bill be now read a first time.

Motion agreed to.

Read first time.

Harriet SHING: I move, by leave:

That the second reading be taken forthwith.

Motion agreed to.

Statement of compatibility

Harriet SHING (Eastern Victoria – Minister for Housing, Minister for Water, Minister for Equality) (17:39): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

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 Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Bill 2024 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The purpose of the Bill is to amend the Estate Agents Act 1980 (EA Act) and Residential Tenancies Act 1997 (RT Act) to authorise funds from the Victorian Property Fund (VPF) and the Residential Tenancies Fund (RTF) established under those Acts to be utilised to fund alternative dispute resolution and consumer advocacy and assistance services.

The Bill will also amend the Business Licensing Authority Act 1998 (BLA Act) to close the Sex Work Regulation Fund as part of the final phase of the decriminalisation of sex work in Victoria.

Finally, the Bill will amend the EA Act and Public Records Act 1973 (PR Act) to abolish the Estate Agents Council (EAC) and Public Records Advisory Council (PRAC).

Human Rights Issues

Human rights protected by the Charter that are relevant to the Bill are the right to freedom of expression (section 15(2) of the Charter), the right to freedom of assembly and association (section 16 of the Charter) and the entitlement to participate in public life (section 18(1) of the Charter).

Abolition of EAC and PRAC

Right to freedom of expression (section 15(2))

Section 15(2) of the Charter provides that every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and whether orally; or in writing; or in print; or by way of art; or in another medium chosen by him or her.

The EAC provided appointed industry and community representatives an opportunity to advise the government on the operation of the EA Act. Similarly, the PRAC provided members with a broad range of skills and expertise an opportunity to advise on the operation of the PR Act. Abolishing EAC and PRAC removes the ability of persons to express their views to the government as a member of an advisory body in a formal setting.

However, the Bill does not prevent persons from expressing their views through other means outside of this formal setting. Alternative avenues to consult with the government are open to those wishing to express their views, including through Ministerial correspondence and invitations to provide feedback on issues papers or policy proposals via public and other consultation processes. Government will maintain ongoing engagement with relevant industry, community and sector stakeholders to inform policy development and practice in the regulation of the real estate industry and the administration of the PR Act.

I therefore, consider that any interference with the right to freedom of expression resulting from these provisions is negligible and a reasonable limitation that can be justified in a democratic society.

Right to freedom of assembly and freedom of association (section 16)

Section 16(1) provides that every person has the right of peaceful assembly. Section 16(2) of the Charter provides that every person has the right to freedom of association with others, including the right to form and join trade unions.

The right to freedom of assembly may be engaged in a limited way in relation to the abolition of EAC and PRAC. Whilst the abolition of these bodies may somewhat limit the ability of persons meeting to exchange ideas and information as members of EAC or PRAC, as membership of these advisory bodies was subject to a formal appointment process, the membership is not so broad as to be considered a ‘freedom of assembly’ right. The abolition does not in any way impede the right of persons to form their own lobby or advocacy groups to pursue policy objectives in relation to the real estate or public records sectors.

Further, the right to freedom of association may also be engaged as abolishing EAC and PRAC prevents persons gathering as members of EAC or PRAC. However, the Bill does not prevent persons to gather, as well as to exchange ideas and information as concerned stakeholders on issues concerning the EA Act or PR Act.

I therefore consider that any interference with the right to freedom of association and freedom of assembly are a minimal and reasonable limitation that can be justified in a democratic society.

Taking part in public life (section 18(1))

Section 18(1) of the Charter provides that every person in Victoria has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives.

The right to take part in public life is engaged in relation to abolishing EAC and PRAC. These provisions engage the right to take part in public life as the abolition limits persons from holding membership, and in doing so may be perceived to limit participation in issues relating to the operation of the EA Act or PR Act.

However, the formal abolition of EAC or PRAC does not remove the ability to participate in decisions regarding the EAC Act or the PR Act. Alternative avenues to advocate or consult with government on policy reform remain open, ensuring that persons may continue to take part in public life. For instance, consumers, advocacy groups and industry representatives will continue to be able to provide industry advice through public and other consultation processes.

Therefore, to the extent that these provisions impose a restriction on a person’s right to take part in public life, I consider they are a minimal and reasonable limitation that can be justified in a democratic society.

Conclusion

I am therefore of the view that the Bill is compatible with the Charter.

Hon Enver Erdogan MP

Minister for Corrections

Minister for Youth Justice

Minister for Victim Support

Second reading

Harriet SHING (Eastern Victoria – Minister for Housing, Minister for Water, Minister for Equality) (17:39): I move:

That the bill be now read a second time.

Ordered that second-reading speech be incorporated into Hansard:

Expand the use of existing statutory trust funds to support the delivery of alternative Dispute resolution services to Victorians

The Victorian Government is committed to ensuring access to fair, safe, and secure housing for all Victorians. As part of that commitment the Government released the Housing Statement on 20 September 2023 outlining a 10-year plan to improve housing supply and housing affordability in Victoria. The Housing Statement announced a new alternative dispute resolution service to be known as Rental Dispute Resolution Victoria. The new service will assist renters and residential rental, providing a one-stop shop for renters, agents and landlords to resolve tenancy disputes over rent, damages, repairs and bonds.

The proposed establishment of Rental Dispute Resolution Victoria is a significant reform. This service will be a faster, fairer and cheaper way to resolve a range of rental disputes and will enable the Victorian Civil and Administrative Tribunal to use its resources to address more complex matters such as disputes around termination of residential rental agreements or applications for an order for possession of rented premises.

The amendments carried by this Bill are the first important step in supporting the delivery of the government’s Housing Statement by expanding the use of the Victorian Property Fund and Residential Tenancies Fund to fund the establishment and ongoing costs for alternative dispute resolution services arising under housing and property related Consumer Acts. To ensure that this new service is accessible to all Victorians, the funds will also enable government to resource community organisations to provide advocacy and assistance services to consumers in relation to housing and property issues. This includes funding for the Financial Counselling Program administered by CAV that alleviates the impacts of economic abuse and financial hardship, helping people to manage debts, stabilise their financial situation and rebuild and get on with their lives.

Closure of the Sex Work Regulation Fund

The Bill will also close the Sex Work Regulation Fund which was established as a trust account to support the operation of the previous sex work licensing and registration scheme. Following the full decriminalisation of sex work on 1 December 2023, it is fiscally prudent for the Government to make the administrative change to close the Fund given it no longer serves a required purpose.

Abolishing the Estate Agents Council and Public Records Advisory Council

The Government is also committed to modernising how we engage with consumers, advocacy groups and industry.

To achieve this, the Bill will abolish the Estate Agents Council and the Public Records Advisory Council while the Government works towards establishing more informal, flexible and ongoing consultative mechanisms to inform policy and practice in the regulation of the real estate industry and in managing public records requirements.

The Government acknowledges and thanks past and current members of the Estate Agents Council and the Public Records Advisory Council for their work and support in administering the Estate Agents Act 1980 and Public Records Act 1973, and will work with sector representatives and the public on the most appropriate approach going forward to ensure that consumers, advocacy bodies and industry will continue to have access to, and can inform policy and practice in the regulation of the real estate industry and in managing public records requirements.

I commend the Bill to the house.

Evan MULHOLLAND (Northern Metropolitan) (17:39): I move:

That debate on this bill be adjourned for one week.

Motion agreed to and debate adjourned for one week.