An Act to amend the Housing Act 2001 with respect to the housing of registrable persons under the Child Protection (Offenders Registration) Act 2000.
1 Name of Act
This Act is the Housing Amendment (Registrable Persons) Act 2009.
2 Commencement
(1) This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Housing Act 2001 No 52
[1] Part 7A
Insert after Part 7:Part 7A Housing of registrable persons58A DefinitionsIn this Part:registrable person has the meaning that it has in the Child Protection (Offenders Registration) Act 2000, and includes a corresponding registrable person within the meaning of that Act.termination of a lease includes the termination of any right of a tenant to hold over (however arising) after the expiry of the period of the lease.58B Termination of lease of registrable person in certain circumstances(1) The Director-General may, on the recommendation of the Commissioner of Police, by written order terminate the lease of a tenant who is renting public housing and who is a registrable person.(2) The Commissioner of Police may make a recommendation under this section only if the Commissioner considers that the presence of the tenant at the public housing places any neighbours in the locality or the tenant at risk of being physically harmed or injured.(3) On termination of the lease, the tenant must vacate the public housing the subject of the lease.(4) An order of the Director-General under this section terminating a lease operates:(a) to give the New South Wales Land and Housing Corporation an immediate right to exclusive possession of the premises concerned, and(b) to authorise any police officer, using such force as is reasonably necessary, to enter the premises concerned and take such steps as are reasonably necessary in order to give the Corporation possession of the premises.(5) This section extends to a lease entered into before the commencement of this Part.58C Provision of alternative housing(1) On termination of a lease under this Part, the Director-General must ensure alternative housing (whether or not public housing) is made available to the tenant.(2) The Director-General is required to ensure that alternative housing continues to be made available to the registrable person for so long as the person would have been a tenant under the terminated lease (subject to compliance by the registrable person with the terms and conditions under which the alternative housing is provided).58D No compensation payable(1) No act or omission of a person in good faith in purported administration or execution of this Part gives rise to any civil liability against:(a) the person, or(b) the State or an authority of the State.(2) However, the Director-General must ensure that the tenant is repaid any rent, fee or charges for occupying the public housing referable to a period after termination of the lease under this Part.58E Certain termination provisions do not apply to termination under this PartPart 5 of the Residential Tenancies Act 1987 does not apply to or in respect of the termination of a lease under this Part.58F Protection of exercise of functions of Director-General and Commissioner of Police under this Part(1) This section applies to a function (a protected function) conferred or imposed on the Director-General or the Commissioner of Police, including a delegate of the Director-General or Commissioner of Police, (a protected person) by or under this Part.(2) The exercise by any protected person of any protected function may not be:(a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or(b) restrained, removed or otherwise affected by any proceedings.(3) Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by a protected person, with the provisions of this Act or the rules of natural justice (procedural fairness).(4) Accordingly, no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the protected person, with those provisions or with those rules so far as they apply to the exercise of any protected function.(5) This section has effect despite any provision of this Act or other legislation or any other law (whether written or unwritten).(6) In this section:exercise of functions includes:(a) the purported exercise of functions, and(b) the non-exercise or improper exercise of functions, and(c) the proposed, apprehended or threatened exercise of functions.proceedings includes:(a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, andbut does not include any investigation or proceedings under the Independent Commission Against Corruption Act 1988.(b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970,
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):