COVID-19 Response (Urgent Management Measures) Legislation Bill

  • enacted

COVID-19 Response (Urgent Management Measures) Legislation Bill

Government Bill

239—1

Explanatory note

General policy statement

This Bill is an omnibus Bill that amends more than 1 Act and is introduced under Standing Order 263(a) as the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. That single broad policy is to put in place the necessary arrangements in order to implement COVID-19 Alert Level 4, or where arrangements are essential to respond effectively to the outbreak of COVID-19.

This Bill amends the the Education Act 1989, the Epidemic Preparedness Act 2006, the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, and the Residential Tenancies Act 1986, and to make the following measures in order to implement Alert Level 4, or respond effectively to COVID-19—

  • enable the Secretary for Education to issue directions to the governing authorities of education entities including to require them to open and close and to provide education in specified ways such as distance learning:

  • add District Court Judges to the list of those that can alter the rules of the court:

  • enable local government and Civil Defence Emergency Management Groups to attend meetings by audio or visual link, and otherwise support the effective operation of those meetings:

  • enact rent freezes and restricts termination of tenancies.

These proposals are aimed at—

  • allowing for the court system to respond as necessary when issues are identified:

  • lessening the economic impacts for tenants from COVID-19:

  • centralising the direction provided to education entities so as to provide consistency and coherence across them in the response to COVID-19.

Departmental disclosure statement

The Department of Prime Minister and Cabinet is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact assessment

A regulatory impact statement is unavailable for this Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause and provides that the Bill comes into force on the day after the date on which it receives the Royal assent.

Part 1Amendment to Education Act 1989

Clause 3 provides that this Part amends the Education Act 1989.

Clause 4 inserts new Part 34, which permits the Minister of Education to give directions relating to COVID-19 to education entities.

Part 2Amendment to Epidemic Preparedness Act 2006

Clause 5 provides that this Part amends the Epidemic Preparedness Act 2006.

Clause 6 amends section 24, which provides that Judges may modify rules of court during an epidemic. The amendment adds District Court Judges to the list of those who may, while an epidemic notice is in force, modify a rule of court if necessary in the interests of justice to take account of the effects of the disease stated in the notice.

Part 3Amendment to Local Government Act 2002

Clause 7 provides that this Part amends the Local Government Act 2002.

Clause 8 inserts new clause 25B into Schedule 7. The new clause modifies clause 25A so that a member of a local authority, or of a committee of a local authority, has the right to attend any meeting of the local authority or committee by means of audio link or audiovisual link, regardless of what is provided for in the local authority’s standing orders. It also modifies clause 25A so that a member attending by audio link or audiovisual link is counted for the purposes of quorum.

Part 4Amendments to Local Government Official Information and Meetings Act 1987

Clause 9 provides that this Part amends the Local Government Official Information and Meetings Act 1987.

Clause 10 inserts new section 46B. The new section modifies section 46A so that agendas (and associated reports) for the meetings of local authorities may be made available on the local authority’s Internet site, instead of at the local authority’s offices and in other physical locations.

Clause 11 inserts new section 47A. The new section modifies section 47 so that the requirement for meetings of local authorities to be open to the public may be met without having to allow physical access. Instead, the local authority must, if it is reasonably practicable, broadcast its meetings live and provide records of the meetings on its Internet site. This amendment is related to the amendment made by clause 8 to Schedule 7.

Clause 12 inserts new section 51AA. The new section modifies section 51 so that the minutes of meetings of local authorities may be made available on the local authority’s Internet site, instead of at the local authority’s offices.

Part 5Amendments to the Residential Tenancies Act 1986

Clause 13 provides that this Part amends the Residential Tenancies Act 1986 (RTA).

Clause 14 inserts new section 145, which provides that the provisions of Schedule 5 have effect according to their terms.

Clause 15 inserts new Schedule 5.

New Schedule 5 sets out some provisions that will apply from the day after the date on which this omnibus Bill receives Royal assent. Some of the provisions will apply for 3 months (but may be extended once for a further period of up to 3 months). Other provisions will apply for 6 months.

Clause 1 of new Schedule 5 provides some definitions for the schedule.

Clause 2 of new Schedule 5 provides that the schedule applies to a tenancy to which the RTA applies and that it applies despite any other provision in the RTA or any other enactment, or any rule of law or agreement.

Termination of tenancies

Clause 3 of new Schedule 5 provides that clauses 4 to 8 apply for an initial period of 3 months, which can be extended once by Order in Council for a further period of up to 3 months.

Clause 4 of new Schedule 5 provides that while clauses 4 to 8 apply, no tenancy terminates except in the circumstances listed in clause 4(1). It also provides that every fixed-term tenancy that would otherwise expire in that period is deemed to continue as a periodic tenancy in accordance with section 60A(1).

The circumstances listed in clause 4(1) are if the tenancy is terminated—

  • on the tenant’s initiative or with their agreement; or

  • on the landlord’s initiative (but the landlord can only do so under a subset of the usual provisions for terminating a tenancy, and some of these apply with modifications); or

  • by the Tenancy Tribunal because of the tenant’s (or a visitor’s) anti-social behaviour (see clause 5).

Clause 4 also provides that a landlord cannot take steps to terminate a tenancy (by notice or by application to the Tribunal) unless it is in one of those listed circumstances.

Clause 5 of new Schedule 5 provides for the Tribunal to terminate a tenancy (on application by the landlord) on the ground of the tenant’s or a visitor’s anti-social behaviour.

Clause 6 of new Schedule 5 provides that if a landlord takes steps to terminate a tenancy (by serving a notice or applying to the Tribunal), that is an unlawful act for which the Tribunal may order the landlord to pay exemplary damages of up to $6,500.

Clause 7 of new Schedule 5 applies if, before the commencement date,—

  • a tenant gave notice to terminate a tenancy on a date after the commencement date; or

  • a tenant has an order from the Tribunal for termination of a tenancy that would result in the tenancy being terminated after the commencement date; or

  • a tenant and landlord agreed to terminate a tenancy on a date after the commencement date.

In those circumstances, the tenant may elect (after the commencement date) to continue the tenancy by giving notice to the landlord.

Clause 8 of new Schedule 5 sets out the consequences of the tenant electing to continue the tenancy under clause 7. An incoming or prospective tenant would have no right to occupy the premises.

Clause 9 of new Schedule 5 applies if, before the commencement date, a landlord gave notice to terminate a tenancy on a date after the commencement date in circumstances other than those in which clause 4(1)(c) permits them to terminate a tenancy. In that case, the notice has no effect.

Clause 10 of new Schedule 5 applies if, before the commencement date, the Tribunal made an order terminating a tenancy on a date after the commencement date in circumstances other than those in which clause 4 permits the tenancy to be terminated. In that case, the order is suspended until 15 days after clauses 4 to 8 cease to apply.

Rent increases

Clause 11 of new Schedule 5 provides that clauses 12 and 13 apply for 6 months from the commencement date.

Clauses 12 and 13 of new Schedule 5 provide that the rent payable under a tenancy cannot be increased. Any notice to increase rent that was given before the commencement date but would take effect on or after that date, is of no effect.

Tribunal proceedings

Clause 14 of new Schedule 5 provides that clause 15 applies for 6 months from the commencement date.

Clause 15 of new Schedule 5 relates to Tribunal proceedings in the 6 months from the commencement date. It allows the Tribunal to conduct proceedings on the papers, and if it chooses to hold a hearing, to conduct the hearing in any manner it thinks fit (including by telephone or video conference).