The following residents of the ACT draw the attention of the Assembly to the inaccessibility of enforcing tenancy law in the ACT.
Currently the ACT is the leading jurisdiction in Australia for many rental laws and reforms. However, the only way to hold unscrupulous, dishonest and negligent landlords to account is to take them to ACAT. This system is inadequate, because tribunal proceedings are costly, timely and many people do not have the legal knowledge required to understand tenancy law and tribunal systems. The rule of law is meant to ensure everyone is equal before the law in Australia, however, as outlined above, realistically this is not the case.
Your petitioners, therefore, request the Assembly to call on the ACT Government to create a Rental Commissioner to address tenancy disputes in the ACT.
This commissioner would provide a free service that assists both renters and rental providers to resolve disputes. In particular we’d like to see a service that allows renters to submit complaints about rental providers, including private landlords, free of charge; however we recognise that this commissioner could address multiple tenancy related issues.
A similar program, Rental Dispute Resolution Victoria (RDRV), has been trialled in Victoria as a branch of their tribunal system, VCAT. Trials have already shown considerable success. The pilot program has managed more than 5000 cases since May 2024 and resolved 70% of them without a hearing, often within a few days. The ACT would benefit from introducing a similar system, which would help ensure fairness and prevent inequality under the law. Given the Government committed in its Supply and Confidence agreement to establish a Rental Commissioner, we also call on the Government to provide a timeline for the fulfilment of this commitment.