The Tip Of The Iceberg
Western Victoria MP Bev McArthur has criticised the Andrews’ Government’s flawed amendments to residential tenancy laws in Victoria, which mean renters cannot move out without forfeiting their bond, or going to the state planning tribunal to demonstrate severe financial hardship. She warned that without the immediate return of full Parliamentary scrutiny, it may just be the first of many costly mistakes.
Mrs McArthur said: “This may well just be a drafting error, but it is already having consequences for Victoria’s 772,000 private renters, with real estate agents advising tenants their rights to vacate have been severely curtailed.”
“The Real Estate Institute of Victoria has noted it has caused some landlords to think they can stop tenants leaving a property, with REIV President Leah Calnan confirming the laws passed late last month mean “no-one can vacate a property unless they are going into government housing, emergency accommodation or in severe financial hardship.”
James Mathias, Chief of Staff at public policy think-tank the Menzies Research Centre has analysed the legislation, and noted: “The measures are unprecedented. They create a situation in which it is illegal to try to move out of your rental property early, whilst on the other side of the ledger, landlords can’t evict you if you stop paying rent.”
“Stage 3 restrictions to stay in your home have been taken to a whole new level!”
Mrs McArthur took aim at the Government, and the rushed Parliamentary processes which resulted in this flawed legislation.
“It’s no surprise really – this is exactly the sort of error that occurs when you don’t have proper scrutiny. Everyone knows that rushed legislation is bad legislation, and renters in Victoria are now paying for it.”
“This botched law was introduced at break-neck speed because Daniel Andrews allowed Parliament to sit for a single day to introduce alarmingly wide-ranging emergency legislation.”
“I’m completely unsurprised by this. I noted in my Parliamentary contribution on the day [23 April] that this 300 page Omnibus Bill, touching on almost every area of Government, was given to the Opposition with less than three days’ notice. And we still have no idea when Parliament will again be sitting normally."
Mrs McArthur noted that Government sources have now conceded the legislation is flawed, and are looking to rectify the error.
“I call on the Government to sort out this mess as soon as possible. While I welcome the apparent recognition of the problem, they must also quickly announce the immediate return of proper Parliamentary sittings. Errors like this will happen again and again if we continue with shortened sittings. There cannot be proper democracy without scrutiny of Daniel Andrews and his actions.”
“I’ve placed on record my concern about the so-called ‘gang of eight’, the Premier’s mates, a smaller number of people wielding power just when that power has grown exponentially.”
“It’s revealing that during this crisis when Parliament cannot meet, when even the Cabinet is sidelined, the Premier has refused to establish an oversight committee with a non-government majority to scrutinise his increased powers."
"This independent oversight is happening in other jurisdictions around the world, it is happening in Canberra and New Zealand and in other Australian states, and it should happen in Victoria too.
"A Labor-led Committee questioning Daniel Andrews is just not good enough. I was pleased to support a motion calling for genuine scrutiny when Parliament last met, but the move was defeated by Labor MPs and supposedly independent cross-benchers Jeff Bourman and Andy Meddick, who obviously care more about keeping on side with Labor than supporting proper checks on the Government’s actions."
“Given the inadequate scrutiny mechanism now in place, it is even more important that Parliament resumes full sitting as soon as is possible.”
“Supermarkets and construction sites continue to operate, childcare workers and public transport staff are expected to turn up, and yet Daniel Andrews asks the public to accept that MPs should stay at home. Scrutiny of government is curtailed at a time in our history when it has never been more needed, and if the situation continues this blunder on rental laws will be the tip of the iceberg.”
5 May 2020