Debates and Questions - Day 1 - 24 April 2020
Parliamentary Record 27
Debates and Questions for 13th Assembly 2019 - 2020; ParliamentNT; Parliamentary Record; 13th Assembly 2016 - 2020
2020-04-24
Made available by the Legislative Assembly of the Northern Territory
English
Debates and Questions
Legislative Assembly of the Northern Territory
Darwin
application/pdf
Attribution International 4.0 (CC BY 4.0)
Legislative Assembly of the Northern Territory
https://creativecommons.org/licenses/by/4.0/
https://hdl.handle.net/10070/787608
https://hdl.handle.net/10070/805272
DEBATES AND QUESTIONS Friday 24 April 2020 8336 Ms FYLES: As soon as possible. It is Friday, but the practicalitieswe would expect this in place by Mrs FINOCCHIARO: Will there be additional resourcing to get this information out to the people who need it? Because it is designed to encourage this conversation and meeting of minds on how we work forward. We certainly do not want people falling foul, we want people to be able to use it as a mechanism. Ms FYLES: Correct. Fact sheets and resources are being developed for people to understand the changes being made and how they will support them, whether they are a business owner or an individual property tenant. Mrs FINOCCHIARO: I do not have any questions up to clause 10, but after clause 10, I have a proposed amendment. Mr Acting Deputy Speaker, I do not know if the Member for Nelson has any more questions up to 10? Mr ACTING DEPUTY SPEAKER: Do you have any more questions, Member for Nelson, up to clause 10? I know we are doing this in a loose way. Mr WOOD: It is the way we should do it. We are in clause 10 dealing with the amended clauses. I want to get this straight. Section 157C(9) says: The Minister may, by a modification notice, make the alleviation of hardship the principal consideration in a tenancy dispute, including by changing provisions of this Act affecting: (a) a landlord's right to: (i) obtain fair rent; or (ii) terminate a tenancy; and (b) any other right of a party, or obligation on a party, arising as a result of a tenancy or occupation arrangement. I understandand maybe I have it wrongthat could bring in the section on the acquisition of just terms. Ms FYLES: Not if we just apply it to new leases. Mr WOOD: But if it is not applied to new leases, it could happen, correct? Ms FYLES: Yes, potentially. But as I said to the Leader of the Opposition, we have been trying to design this legislation for the Territory context and are very conscious of that. Mr WOOD: Yes, but we have that clause in our act, so obviously it is there for a reason. Then it goes on to say, in section 157C(10): The Minister may, in a modification notice, specify that NTCAT has additional powers in relation to deciding a matter under this Act, including ordering any of the following dispositions: (a) terminating a tenancy, with or without suspension of the order for possession; (b) refusing to terminate a tenancy; (c) creating a new fixed term tenancy If this act allows the acquisition notice section to come in based on a modification notice, when it is applied to the NTCAT does that modification notice still apply, or is this a new decision by NTCAT which does not bring it into the realms of acquisition on just terms? I hope that makes sense; I will try to say it again. Ms FYLES: We are all having problems. Mr WOOD: The minister may do certain things by modification notice. But the minister may then tell NTCAT it has to do certain things. If the NTCAT makes a decision, can the acquisition on just terms section apply to decisions it makes?