New South Wales, Parliamentary
Debates, Legislative Assembly, 5 August 2015, 2058
(Brad Hazzard, Minister for Family and Community Services).
2.
Tasmania, Victoria, Western Australia and
the Northern Territory currently have ‘three strikes’ policies; Queensland and
South Australia have previously had such a policy.
3.
In the US, almost 20 years ago, Bill
Clinton introduced the ‘One Strike and You're Out’ policy for adoption by local
public housing authorities. ClintonWilliam
J, ‘Remarks
Announcing the “One Strike and You're Out” Initiative in Public
Housing’, The American Presidency Project,
28 March 1996 <http://www.presidency.ucsb.edu/ws/?pid=52598>.
4.
There are two other ways – proceedings on a
termination notice without grounds (ss 84 and 85), and proceedings on the
‘behaviour ground’, which is associated with provisions for ‘acceptable
behaviour agreements’ – but, in practice, both are almost never used by social
housing landlords. See MartinChris,
‘Conduct and Contracts: Using tenancy law to govern crime and
disorder in public housing in New South Wales’
(2015) 5 (2) Property
Law Review81, 86; and MartinChris,
Government Housing: Governing crime and disorder in public housing
in NSW (PhD thesis, University of
Sydney, 2010), chapter
7.
5.
FACS Housing is an agency of NSW Family and
Community Services and manages public housing properties owned by another
government agency, the NSW Land and Housing Corporation.
6.
See the cases reviewed at Martin,
‘Conduct and Contracts’, above n
4.
7.
McGuiness v NSW Land and Housing
Corporation [2014] NSWCATAP
98.
8.
NSW Land and Housing Corporation v
John Raglione [2015] NSWCATAP 75; NSW Land and
Housing Corporation v Romeyn [2015] NSWCATCD 123;
Davis v NSW Land and Housing Corporation
[2015] NSWCATAP 271.
9.
The ground at s 92(1)(a) – threats or abuse
– differs only in that it does not use the qualifiers ‘intentionally or
recklessly’. The ground at s 92(I)(b) – intimidation and harassment – differs in
that the conduct (by the tenant, or other occupier) must be intentional, and
reasonably likely to cause the proscribed effect.
10.
Cain v New South Wales Land and
Housing Corporation [2014] NSWCA
28.
11.
Section 16B of the Bail Act
2013 (NSW) sets out numerous ‘show cause offences’, most of them
serious indictable offences.
12.
Notably, s 49PA expressly countenances that
a disability may relate to a person's addiction to illegal
drugs.
13.
There is a similar problem with a qualifier
in s 90, discussed in NSW Land and Housing Corporation v
Lesniewski [2015] NSWCATAP 185 and Jackson v
NSW Land and Housing Corporation [2015] NSWCATAP
281.
14.
This represents a small fraction of the
total number of termination proceedings taken by FACS Housing (and its
predecessors) against tenants on these and other grounds; see Martin, above n 4, for
further discussion of the numbers.
15.
The Tribunal is generally subject to the
rules of natural justice. Civil and Administrative Tribunal Act
2013 (NSW), s
38(2).
