CLEAR - Community Legal Education and Reform Database


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Search by Method of Delivery :: Policy development

1. Act for the House, Not the Tenant
CLC/Agency: Footscray Community Legal Centre
Contact Person: Laura Berta
Jurisdiction: VIC

The purpose of the ‘Act for the House, not the Tenant’ Project is to target rental properties which are in a state of disrepair in order to encourage tenants to take enforcement action against the landlord.

The Project plans to approach tenants in around 20 properties, previously identified as substandard, over an 18 month period.

Footscray CLC would offer to assist the tenant in enforcing the repairs procedures in the Residential Tenancies Act 1997 (Vic), and applying for compensation as appropriate.

The Project ultimately aims to document the outcome of repeated enforcement action against ‘repeat offender’ landlords.

2. Boarders & Lodgers Law Reform
CLC/Agency: Redfern Legal Centre
Contact Person: Jacqui Swinburne
Jurisdiction: NSW

A campaign to introduce legislation to cover boarders and lodgers in NSW.

The campaign involved submissions to politicians, engaging in policy debate, running test cases at the CTTT (eg on the definition of boarders and lodgers as exclusions to the Residential Tenancy Act 2010, or to have boarders and lodgers covered by the General Division of the CTTT), and the development of a Legal Remedies Kit that highlights the inadequacy of current remedies for boarders and lodgers.

3. Carbon Farming Initiative
CLC/Agency: Environment Defenders Office (Vic.)
Contact Person: Michael Power
Jurisdiction: Commonwealth

The EDO (Vic.) worked with government, NGOs and community members to improve the design of the Carbon Farming Initiative, and the legislation that implemented it.

4. Climate Change Act
CLC/Agency: Environment Defenders Office (Vic.)
Contact Person: Michael Power
Jurisdiction: VIC

The EDO worked to improve the design of the Climate Change Act before it was introduced in 2010, and then to prevent the State Government winding it back in 2011-12.

5. Climate Change Law
CLC/Agency: Environment Defenders Office (Vic.)
Contact Person: Nicola Rivers
Jurisdiction: VIC Commonwealth

The EDO is undertaking a number of activities to ensure climate change laws are effective in tackling climate change and will not lead to negative environmental outcomes.

The main laws are the Carbon Farming Initiative legislation, Victorian Climate Change Act and proposed Federal carbon price.

Activities include assisting the community and peak environment groups to understand the proposed laws so that they can effectively engage with government on their development, making law reform submissions to government and holding public education forums.

6. Coastal Management Reform
CLC/Agency: Environmental Defender's Office (Tas.)
Contact Person: Jess Feehely
Jurisdiction: TAS

Campaign in response to government failure to deliver State Coastal Policy, urging development of a comprehensive coastal management framework

7. Community Housing
CLC/Agency: Tenants' Union of NSW
Contact Person: Ned Cutcher
Jurisdiction: NSW

Tenants NSW participates on the registrar of Community Housing's Advisory Forum, including discussion about draft "Compliance Framework", released for comment in September 2010.

We conducted preliminary research into the public availability of community housing providers' tenancy management policies. We provided comment to the Community Housing Divison (CHD) of Housing NSW about guidance to providers on use of 'no-cause' termination notices.

We understand that the Centre for Affordable Housing (CAH) is looking at providing similar guidance to affordable housing providers not covered by the CHD. Our discussions with the CHD and CAH on this issue are ongoing.

We had further discussion with the ...

8. Compensation for non-economic loss
CLC/Agency: Tenants' Union of NSW
Contact Person: Ned Cutcher
Jurisdiction: NSW

Tenants NSW became aware of the decision of the NSW Court of Appeal in Insight Vacations Pty Ltd v Young that proceedings relating to 'distress and disappointment' are subject to the Civil Liability Act 2002, and formed the view that this may severely limit tenants' proceedings for compensation.

Tenants NSW made submissions to the Minister for Fair Trading and the Attorney General seeking an exemption from the Civil Liability Act 2002 for proceedings under the Residential Tenancies Act 2010 and the Residential Parks Act 1998.

9. Dealing with Fines Debt
CLC/Agency: Illawarra Legal Centre
Contact Person: Sharon Callaghan
Jurisdiction: NSW

The Illawarra Legal Centre wrote submissions, undertook advocacy work and developed educational resources on Fines and Work and Development Orders (WDO) outlining legislative and policy changes that reduce or eliminate fines debt and worked for improvements to these changes.

The Frequently Asked Questions (FAQ) sheets and wallet cards for young people are the basis of educational sessions and law reform work.

Work and Development Orders (WDO) were a key feature of the changes to the Fines Act and at the heart of our lobbying and advocacy work.

10. Developing a code of practice for the removal of children from parents with a disability
CLC/Agency: Disability Discrimination Legal Service
Contact Person: Adam Jones
Jurisdiction: VIC

The Pride and Prejudice Report developed by the Disability Discrimination Legal Service and Forgotten Families Report demonstrates that the removal of children from parents with disabilities is based on an assumption that people with disabilities cannot care for children in their best interests.

Legal action under State or Federal anti-discrimination laws might be available to a parent to challenge such a decision. The development of a code of practice for the removal of children from parents with a disability might prevent DHS and the Children's Court from removing children from parents with a disability until all the possible adapted techniques a parent with a disability has developed and accommodations for the parent are ...

11. Housing NSW policy and practice
CLC/Agency: Tenants' Union of NSW
Contact Person: Ned Cutcher
Jurisdiction: NSW

Tenants NSW commenced a quarterly meeting with Housing NSW Client Service Operations to discuss operational issues. Advocates from the Inner Sydney and Illawarra Tenants Advice and Advocacy Services also attended to provide expert comment on selected agenda items.

Tenants NSW also engaged in consultation on the Housing and Mental Health Agreement (a high-level agreement across a number of government departments to replace the Joint Guarantee of Service) and attended a half-day workshop, hosted by Housing NSW, to discuss the agreement. We also provided written comments on the final draft of the agreement.

We also continued participation on the Housing NSW NGO Partners Reference Group and Living Communities Consultative Com...

12. Introduction agents - consumer protection
CLC/Agency: Marrickville Legal Centre
Contact Person: Peter Longfield
Jurisdiction: NSW

The project is a law reform and legal policy project to advocate for better protection for consumers in relation to dealings with introductions agents, either by a legislative instrument and the use of standard form contracts, licensing, etc.

13. Low-income private renters
CLC/Agency: Tenants' Union of NSW
Contact Person: Chris Martin
Jurisdiction: NSW

Tenants NSW made submissions to:

  • Planning NSW's review of the Affordable Rental Housing State Environmental Planning Policy
  • the Productivity Commissioner's Public Inquiry into Australia's Urban Water Sector 

We attended a University of Sydney workshop on the financialisation of housing and made contact with researchers.

We also started drafting a paper with a view to commissioning research for an alternative agenda for banking and finance reform with the objective of improved housing affordability.

14. Multicultural Policy Development
CLC/Agency: Eastern Community Legal Centre
Contact Person: Amy Johnstone
Jurisdiction: VIC

In response to the cultural diversity of the Eastern Region ECLC developed a Multicultural Policy and Action Plan. This was achieved by:

  • Conducting an audit of ECLC’s existing services, projects and policies.
  • Completing a literature review regarding the needs of diverse communities and potential service responses
  • Working with the Diversity Consultancy Panel, which acted as a Reference Group for the project
  • Consulting with key community leaders and community agencies supporting migrant and refugee communities
  • Looking at strategies for improving ECLC’s response to diverse communities
  • Developing a policy and action plan reflecting this work.

In comp...

15. New Voices/New Laws
CLC/Agency: National Children's Youth Law Centre
Contact Person: Kelly Tallon
Jurisdiction: NSW Commonwealth

New Voices/New Laws is a partnership project between NCYLC and Children's Legal Service of Legal Aid NSW. It aims to:

  • educate young people about the criminal laws that can apply to sexting and cyber bullying; 
  • encourage young people to voice their opinions on these laws; 
  • amplify their voices and opinions; and 
  • facilitate advocacy for reform of inappropriate criminal laws and penalties.
16. Reform of marginal renting
CLC/Agency: Tenants' Union of NSW
Contact Person: Dr Chris Martin
Jurisdiction: NSW

Reform of law covering marginal renters in NSW. Marginal renters include people living in boarding houses, crisis accommodation, student accommodation and share housing.

Paper launched in March 2011 calling for law reform, accomodation provider sustainability, social inclusion programs and reform of Licensed Residential Centres for people with a disability.

The campaign involves submissions to politicians, engaging in policy debate, facilitation of round table, stakeholder consultations, promotion of best practice, liaison with bureaucrats and local government, gaining over 30 organisational signatories in support of reform, facilitating media coverage and conducting research.

17. Reforming Mining Law in Victoria
CLC/Agency: Environment Defenders Office (Vic.)
Contact Person: Michael Power
Jurisdiction: VIC

The EDO (Vic.) is running a long-term law reform project aimed at improving Victoria's mining laws to better protect the environment, sensitive land uses and regional communities from mining (especially for coal and coal seam gas).

18. Refugee Tenancy and Housing Project
CLC/Agency: Footscray Community Legal Centre
Contact Person: Laura Berta
Jurisdiction: VIC Commonwealth

The Refugee Tenancy and Housing Project was developed in response to the need for tenancy advocacy services in Melbourne’s western suburbs and in recognition of the major barrier that housing difficulties pose to successful refugee settlement.

The Project encompassed the following:  

  • a legal tenancy clinic providing free legal advice and representation to people of refugee background living in the western suburbs of Melbourne; 
  • community legal education; and 
  • community development initiatives. 


The Project's findings and recommendations are presented in Making it Home: Refugee Housing in Melbourne's West, which documents underlyi...

19. Regional Land Use Planning
CLC/Agency: Environmental Defenders Office (Tas.)
Contact Person: Jess Feehely
Jurisdiction: TAS

Reviewing and making submissions regarding various aspects of the Tasmanian Regional Planning Project

20. Residential Tenancies Act 2010 and Regulation
CLC/Agency: Tenants' Union of NSW
Contact Person: Chris Martin
Jurisdiction: NSW

The Residential Tenancies Act 2010 passed in June 2010 and commenced in January 2011. It reflects a number of Tenants NSW's key law reform priorities, including proper regulation of databases, clearer rights for share-house occupants, and options for victims of domestic violence to end their tenancy or exclude the violent person from the rented premises.

Tenants NSW made a submission on the draft Residential Tenancies Regulation 2010, and some of our recommendations were reflected in the final Regulation.

Since the commencement of the Residential Tenancies Act 2010, we have consulted closely with Tenants Advice and Advocacy Services and kept a log of technical problems and larger policies issues identified.

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