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Contemporary Comments

Inappropriate Powers under the Housing Amendment (Registrable Persons) Act 2009 (NSW)

Pages 459-467 | Published online: 30 Nov 2018
 

Abstract

The Housing Amendment (Registrable Persons) Act 2009 (NSW) (‘2009 Act’) was passed by the Rees Government in response to community protests and in order to allow that Government to evict Dennis Ferguson from his public housing home. The 2009 Act provides for the immediate termination of a public housing lease, without notice and with no avenue of appeal. This Comment argues that this Act is problematic for its rushed passing, the potential it establishes for summary eviction, and the ‘protected’ powers it creates for the Commissioner of Police and the Director-General of the Department of Human Services. In addition, the 2009 Act is discriminatory in applying only to those in public housing. For these reasons, and because it is an ineffective governmental approach to dealing with the problem of child sexual abuse, I suggest the amendments to the Housing Act 2001 (NSW) established by the 2009 Act should be repealed, similar powers of eviction having already been established in the Residential Tenancies Act 2010 (NSW) and its statutory predecessor.

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