HOUSING AND OTHER LEGISLATION AMENDMENT BILL 2011

5A Declared offences for Criminal Code
Part 5 Behaviour on public housing premises

36E Prosecutions
Part 12 Transitional provisions for Housing and Other Legislation Amendment Act 2011

This Act may be cited as the Housing and Other Legislation Amendment Act 2011.

matters relating to tenants and others on leased housing or other accommodation,

(2) Section 5, definitions acceptable behaviour agreement and antisocial behaviour

appointed PHSO means a public sector employee appointed under section 28Q(1) as a public housing safety officer.

There are 2 types of public housing safety officers. Police officers are public housing safety officers while other public housing safety officers are appointed.

(b) common property of a scheme, as defined in section 33(1) of the Unit Title Schemes Act.

dangerous article means anything designed, or capable of being used, to inflict harm on a person.

disqualifying offence means an offence prescribed by regulation as a disqualifying offence.

(a) section 241 of the Criminal Code or any other provision of the Code if assault is an element of the offence;

(a) units for which the Chief Executive Officer (Housing) is the registered proprietor, or lessee, of all units in the development; or

(b) apartments, flats or townhouses (but not units) for which the Chief Executive Officer (Housing) is the registered proprietor or lessee of the lot on which the building development is situated.

(a) premises owned or leased by the Chief Executive Officer (Housing) for the purpose of providing residential accommodation; and

(i) a unit in a public housing development – any common property in the development; or

(ii) an apartment, flat or townhouse in a public housing development – any common areas in the development.

reasonably believes means believes on grounds that are reasonable in the circumstances.

recognised occupier, of premises, means someone whom the tenant of the premises has notified the Chief Executive Officer (Housing), in writing, is or will be occupying the premises and the Chief Executive Officer (Housing) has made a notation in relation to the lease about the occupancy.

tenant of public housing premises means the person specified in the lease for the public housing premises as the tenant of those premises.

(b) a unit of a scheme, as defined in section 37 of the Unit Title Schemes Act.

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

(b) creates alarm or fear in, or annoyance to, neighbours or others in the vicinity; or

An acceptable behaviour agreement is a written undertaking entered into by a tenant of public housing premises about not engaging in antisocial behaviour on those premises and any place within 50 m of those premises.

(1) If the Chief Executive Officer (Housing) reasonably believes a tenant of public housing premises, or a recognised occupier of those premises, is likely to engage in antisocial behaviour, the Chief Executive Officer (Housing) may, by written notice, require the tenant to enter into an acceptable behaviour agreement.

(2) The notice must include the following information about the acceptable behaviour agreement:

(a) the period within which the tenant is required to enter into it (being not less than 28 days after the notice is given);

(d) a statement about the operation of the agreement as specified by subsection (4);

(e) a statement that the Chief Executive Officer (Housing) may apply to a court under section 99A of the Residential Tenancies Act for termination of the lease if the tenant:

(3) The Chief Executive Officer (Housing) may form the belief mentioned in subsection (1) having regard to the following matters, including matters that happened before the commencement of this section:

(a) the history of the tenancy or a former tenancy involving the tenant whether as a tenant or recognised occupier;

(b) the history of another tenancy involving a recognised occupier of the tenant, whether the recognised occupier was the tenant or a recognised occupier in relation to the other tenancy;

(4) The operation of the acceptable behaviour agreement extends to the behaviour of:

(b) any other person occupying those premises with the consent of the tenant of those premises.

(5) Subject to section 99A(3) of the Residential Tenancies Act, if a recognised occupier of public housing premises, or other person occupying those premises with the consent of the tenant of those premises, engages in behaviour in breach of an acceptable behaviour agreement entered into by the tenant, the tenant is taken to have breached the agreement.

(6) The acceptable behaviour agreement is of no effect if the notice requiring the tenant to enter into the agreement does not contain the matters required by subsection (2).

(1) This section applies if a public housing safety officer reasonably believes a person:

(a) has engaged, is engaging or is about to engage in conduct on public housing premises that constitutes a prescribed offence or antisocial behaviour; or

(b) may be in a position to help with the investigation of a prescribed offence or antisocial behaviour on, or partially on, public housing premises.

(2) The public housing safety officer may require the person to state the person's name and address and, if the officer reasonably believes the person may be under 18 years of age, the person's age.

(3) The public housing safety officer may require the person to give evidence of the correctness of the person's name if the officer reasonably believes a name given by the person is false.

(4) In making a requirement under subsection (2) or (3), the public housing safety officer must inform the person it is an offence to contravene the requirement unless the person establishes a reasonable excuse.

(5) A person given a requirement under subsection (2) or (3) must comply with it.

(7) It is a defence to a prosecution for an offence against subsection (5) if the defendant establishes a reasonable excuse.

(1) This section applies if a public housing safety officer reasonably believes a person on public housing premises has been, is or will be engaging in conduct, or permitting conduct to be engaged in, on public housing premises that constitutes a prescribed offence or antisocial behaviour.

(2) The public housing safety officer may direct the person not to engage, or to stop engaging, in specified conduct on the public housing premises to the extent the officer reasonably believes necessary to prevent the prescribed offence or antisocial behaviour.

(3) Also, if the person is not a tenant of the public housing premises or a recognised occupier of those premises, the public housing safety officer may direct the person to leave the public housing premises immediately and not enter all or part of those premises for a specified period of not more than 12 months.

(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse.

(1) A public housing safety officer must give a direction under section 28E(2) or (3) by written notice unless the officer reasonably believes it is not practicable to do so and gives it orally to the person or persons to whom the direction relates.

(2) If a person is given a direction orally, it ceases to have effect at the end of 2 days after the day it is given unless, within that period, a public housing safety officer gives written notice about the direction to the person.

(3) A written notice about a direction as mentioned in subsection (2) is taken to be a written notice given under section 28E(2) or (3), as the case may be.

(i) section 28E(2) – the conduct the person is not to engage in, or the person is to stop engaging in, on the public housing premises; or

(ii) section 28E(3) – the period of not more than 12 months for which the person named in the direction must not enter specified public housing premises;

(e) that a person affected by the decision may apply for it to be reconsidered, and how the application must be made, as mentioned in section 28J;

(5) A direction given orally is not invalid only because it does not include a matter mentioned in subsection (4).

(1) This section applies when a public housing safety officer is on public housing premises.

(2) The public housing safety officer may seize an article or container (a seized item) if:

(a) the officer reasonably believes the article is a dangerous article or the container contains liquor; and

(b) the article or liquor is located on common property or a common area within the public housing premises; and

(3) In addition, the public housing safety officer may seize any container (also a seized item) if:

(c) if the container does contain liquor, its location within those premises is in contravention of section 75, 101AE or 101L of the Liquor Act.

(5) The public housing safety officer must affix a receipt about the seizure of a seized item to something at the place of seizure.

(6) Within 3 months after the date of seizure of a seized item, a public housing safety officer must return it to a person who claims to be the owner and whom the officer reasonably believes is the owner.

(7) If a seized item is not returned under subsection (6), it is forfeited to the Territory on the day after the end of the 3 month period.

(8) Subsections (6) and (7) do not apply if, during the 3 month period, a public housing safety officer or a police officer decides, in writing, that the seized item must be retained as evidence of an offence.

Each of the following decisions of a public housing safety officer is an original decision:

(a) a decision under section 28E(2) directing a person not to engage, or to stop engaging in, specified conduct on public housing premises;

(b) a decision under section 28E(3) directing a person to leave public housing premises immediately and not to enter all or part of those premises for a specified period;

(1) A person affected by an original decision (an affected person) may apply to the CEO for reconsideration of the original decision.

A person affected by an original decision may be the person given the direction or a tenant who had invited the person into the tenant's residence or who has a family relationship with the person given the direction.

(b) made within 28 days after the original decision was given to the person to whom it relates.

(3) The making of the application does not affect the operation of the original decision.

(1) Within 28 days after an application for reconsideration of an original decision is made, the CEO must reconsider the original decision and give the applicant written notice about the CEO's decision (the reconsidered decision).

(2) The CEO may reconsider the original decision in any way he or she considers appropriate.

(b) that the applicant for the reconsideration may apply to the Local Court for a review of the merits of the reconsidered decision;

(1) The applicant for a reconsideration of an original decision may apply to the Local Court for a review of the merits of the reconsidered decision.

(b) if the affected person did not receive a notice for the reconsidered decision – the applicant becomes aware of the decision.

(3) However, on application by the applicant, the Local Court may at any time extend the period for applying for a review of the merits of the reconsidered decision.

(1) An application under section 28L does not affect the operation or implementation of the reconsidered decision.

(2) However, the Local Court may make an order staying or otherwise affecting the operation or implementation of so much of the reconsidered decision as the Court considers appropriate to effectively decide the application.

(4) The order has effect for the period stated in it or, if no period is stated, until the Court decides the application.

(1) In hearing an application under section 28L, the Local Court must review the merits of the reconsidered decision.

(2) The Local Court must consider the matter afresh and is not bound by anything considered by the CEO in making the reconsidered decision.

(a) admit evidence that was not considered by the CEO in making the reconsidered decision; or

(b) refuse to admit evidence that was considered by the CEO in making the reconsidered decision.

(2) The Local Court may make the orders it considers appropriate to give effect to its decision.

(3) A decision under subsection (1)(b) or (c) is taken for this Act (other than this Part) to be a decision of the CEO.

28Q Appointment of public sector employees as public housing safety officers

(1) The CEO may appoint a public sector employee as a public housing safety officer if the employee has been suitably trained to exercise the powers or perform the functions under this Act of a public housing safety officer.

(2) However, a public sector employee is not eligible for appointment if the employee has a previous conviction for a disqualifying offence.

(3) Despite the Criminal Records (Spent Convictions) Act and the Anti-Discrimination Act:

(a) before a public sector employee may be appointed under subsection (1), the employee must authorise the CEO to obtain from the Commissioner of Police a criminal record about the employee, including spent convictions; and

(b) the CEO may take the criminal record (including any spent convictions) into account in deciding whether to appoint the employee; and

(c) if the employee is appointed, the CEO may retain the criminal record for as long as the employee is an appointed PHSO.

criminal record, see section 3(1) of the Criminal Records (Spent Convictions) Act.

spent conviction, see section 3(1) of the Criminal Records (Spent Convictions) Act.

(1) The CEO must give an appointed PHSO an identity card stating the person's name and that the person is a public housing safety officer.

(3) This section does not prevent the issue of a single identity card to a person for this and another Act.

(1) A person who ceases to be an appointed PHSO must return the person's identity card to the CEO within 14 days after the cessation.

(3) It is a defence to a prosecution for an offence against subsection (1) if the person establishes a reasonable excuse.

(1) An appointed PHSO must not exercise a power under this Act unless the officer holds an identity card issued under this Act.

(2) Before exercising a power under this Act in relation to a person, an appointed PHSO must, wherever practicable, produce the identity card for inspection by the person (but the card need only be produced once even though 2 or more powers are exercised against the person).

(3) Non-compliance by an appointed PHSO with subsection (2) is a defence to a charge based on non-compliance by the person to whom the identity card should have been produced with a requirement or request made by the appointed PHSO under this Act.

(4) Subsection (3) applies even if the charge relates to an offence that is an offence of strict liability.

(1) If an appointed PHSO is charged with, or convicted of, a disqualifying offence, the officer must report the fact to the CEO as soon as practicable (but no later than 7 days after the officer is charged or convicted).

(3) If an appointed PHSO is charged with a disqualifying offence, the CEO may suspend the officer's appointment as a public housing safety officer until the charge has been dealt with by a court.

(4) If an appointed PHSO is convicted of a disqualifying offence, the CEO must revoke the officer's appointment as a public housing safety officer.

Police officers are subject to general orders made under section 14A of the Police Administration Act.

(2) The CEO must ensure the code of conduct, as in force from time to time, is available on the Agency's website.

(3) If an appointed PHSO contravenes the code of conduct, the matter may be dealt with as a breach of discipline under the Public Sector Employment and Management Act.

(1) A public housing safety officer who is exercising, or about to exercise, a power under this Act to which the Youth Justice Act would apply if it were to be exercised by a police officer must comply with the obligations imposed by that Act on a police officer.

(2) Despite the application of the Residential Tenancies Act to premises let under this Act, a public housing safety officer may:

(a) lawfully enter a yard, garden or other area associated with public housing premises (but not the residence) if the officer enters the place to exercise a power under this Act at a reasonable time in the circumstances; and

(b) lawfully enter a residence at the invitation or with the consent of the tenant of the public housing premises.

Section 34 applies the Residential Tenancies Act. Under that Act, a landlord may only enter premises or ancillary premises in accordance with that Act. However, subsection (2) allows for entry in addition to Part 9 of the Residential Tenancies Act.

(3) A public housing safety officer who enters a yard, garden or other area associated with public housing premises as mentioned in subsection (2)(a) may remain on the place for as long as the officer reasonably believes is necessary to exercise powers under this Act even if a tenant, recognised occupier or other person asks the officer to leave.

(4) However, if a public housing safety officer has entered a residence as mentioned in subsection (2)(b), the officer must leave the residence if asked to do so by the tenant of the public housing premises.

(1) The CEO must establish a system of administrative review for dealing effectively with complaints about the conduct of public housing safety officers.

(2) The procedures for making a complaint, and the procedures on review, must be published on the Agency's website.

(b) a right to make a public interest disclosure under the Public Interest Disclosure Act.

(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a public housing safety officer.

(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.

performance, of a function, includes the purported performance of the function.

If the exercise of a power or performance of a function as a public housing safety officer would, apart from this section, result in an acquisition of property from a person otherwise than on just terms:

(a) the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and

(b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms.

The CEO may delegate any of his or her powers and functions under this Act to a public sector employee.

(a) draws the misleading aspect of the document to the attention of the Chief Executive Officer (Housing); and

(b) to the extent to which the person can reasonably do so – gives the Chief Executive Officer (Housing) the information necessary to correct the document.

(4) A prosecution for an offence against subsection (1) must not, in relation to a loss or damage incurred by or to the Chief Executive Officer (Housing) as a consequence of the offence, interfere with or lessen a right or remedy by civil process by the Chief Executive Officer (Housing) against a person charged with that offence.

Chief Executive Officer (Housing) includes a person acting with the authority of the Chief Executive Officer (Housing), but does not include a public housing safety officer.

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

(a) the person gives the Chief Executive Officer (Housing) details (the income details) of the person's income in an application for the grant of a rebate of rental under this Act or under a housing scheme administered by the Chief Executive Officer (Housing) under this Act; and

(a) the income details change during the period the person receives a rebate or participates in the housing scheme; and

(c) the person does not tell the Chief Executive Officer (Housing), or a person acting with the authority of the Chief Executive Officer (Housing), about the change.

36B Giving misleading information or document to public housing safety officer

(d) the person knows the other person is exercising powers or performing functions under, or otherwise related to the administration of, this Act as a police officer or otherwise as a public housing safety officer.

(a) draws the misleading aspect of the document to the attention of a public housing safety officer; and

(b) to the extent to which the person can reasonably do so – gives a public housing safety officer the information necessary to correct the document.

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

(a) obstructs a person exercising powers or performing functions under, or otherwise related to the administration of, this Act as a police officer or otherwise as a public housing safety officer; and

(b) knows the person is a police officer, or otherwise is a public housing safety officer, exercising powers or performing functions under, or otherwise related to the administration of, this Act.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse.

(1) A person commits an offence if the person engages in conduct that results in damage to, or interference with, a security camera or a surveillance device on public housing premises.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse for engaging in the conduct.

(1) In proceedings for an offence against this Act, a certificate that appears to have been signed by the CEO certifying that a person named in the certificate was, on a particular day or for a particular period, a public housing safety officer is admissible as proof of the matter so certified.

(2) A complaint under the Justices Act may be made in relation to an offence against section 36, 36A or 36B within 2 years after the date on which the offence is alleged to have occurred.

the Territory or the Commonwealth in the administration of a Territory or Commonwealth housing scheme; and

Part 12 Transitional provisions for Housing and Other Legislation Amendment Act 2011

(1) An existing agreement continues in force according to its terms as if it had been made under section 28C.

(2) If, before the commencement, the Chief Executive Officer (Housing) had given a person written notice as mentioned in section 18A as in force before the commencement and that notice had effect as stated in section 18A(6), the notice continues to have effect as if it had been given to the person under section 28C.

existing agreement means an acceptable behaviour agreement entered into under section 18A as in force before the commencement if the agreement had not ended before the commencement.

Provision	Amendment
	omit	insert
Part I, heading	whole heading	Part 1 Preliminary matters
Part II, heading	Part II	Part 2
Part 2, Division 1, heading	Chief Executive Officer (Housing)	Establishment and related matters
section 6(1)	by this Act a Commission	an entity
section 6(2)(a), at the end		and
section 6(2)(b)	shall have	has
section 6(3)	all words from "shall take" to "shall presume"	must take judicial notice of the seal of the Chief Executive (Housing) affixed to a document and must presume
section 11(1)	all words from "Where" to "Act," he shall he becomes (Housing) shall	If the CEO , the CEO must he or she becomes (Housing) must
section 11(2)	all words from "to him" to ", direct" all words from "which caused" to "disclosure"	, direct
section 14(1B) to (3)	whole subsection
section 14(1A)	(1A) The	(2) The
section 15(a), at the end		and
section 15(b)	Commonwealth or Territory	Territory or Commonwealth
section 16(2)	may,	may do any of the following
section 16(2)(h)	Commonwealth or Territory (all references)	Territory or Commonwealth
section 16(2)(k) and (m)	approval in writing of the Minister	Minister's written approval
section 16(2)(m)	Commonwealth or Territory; and	Territory or Commonwealth;
section 16(2)(n)	Commonwealth's or the Territory's	Territory's or the Commonwealth's
section 16(3)	shall	must
section 16(3B)	shall remain	remains
section 16(4)	by instrument
section 18(1)	upon, (all references) servants and workmen upon and upon that	on, employees and workers and on that
sections 18(2)	all words from "upon" to "shall" by him	under subsection (1) must
section 19(1)	shall	must
section 19(2)	servants and workmen	employees and workers
section 19(3)	all words from "shall be" to "(Housing) by"	are a debt due and payable to it by
section 20(1)	by him notice in writing	by the tenant written notice
section 20(2)	upon him notice in writing servants and workmen	on the tenant written notice employees and workers
section 20(3)	all words from "shall be" to "(Housing) by"	are a debt due and payable to it by
Part III, heading	whole heading	Division 3 Funding for Chief Executive Officer (Housing)
section 21(a), (b), (c) and (d)	the Chief Executive (Housing)	it
section 21(a) and (b), at the end		and
Part IV, heading	Part IV	Part 3
section 22	all words from "shall" to "Minister"	must not, except with the Minister's written consent
section 23(1)	notice in the Gazette	Gazette notice
Part V, heading	Part V	Part 4
section 24(1)	to the Chief Executive (Housing)	to it
section 24(2)	subsection (1)	this section
section 25(1)	Notwithstanding	Despite
section 25(2)	shall	must
section 25(2)(a) and (c)	the Chief Executive (Housing)	it
section 25(2)(a), at the end		and
section 26	the purposes of enable the person	enable the person to do one or more of the following
section 26(j)	and
section 27	the purposes of
section 28	Part VIII	Part 9
Part VII, heading	whole heading	Part 8 Miscellaneous matters Division 1 Annual report, liability and other matters
section 30(b)	person,	person;
section 32(1)	Notwithstanding	Despite
section 32(1)(a) and (b)	community government area	shire
section 32(1)(a)	land for the purposes	as mentioned in section 141
section 35(b)	amount,	amount;
section 35	shall (all references)	must
Part VIII, heading	Part VIII	Part 9
section 42(2)(a), at the end		and
Part IX, heading	Part IX	Part 10
Part X, heading	Part X	Part 11

Northern Territory Bills

HOUSING AND OTHER LEGISLATION AMENDMENT BILL 2011