Question – Housing Tas Tenants with Disabilities & Homes Act 1935
Questions asked by the Hon Meg Webb MLC on 17 Oct 2019 and answered for the Government by Hon Roger Jaensch MP Minister for Housing on 17 Oct 2019
The purposes of the Homes Act 1935 include –
(a) to enable persons to reside in residential accommodation that is safe, secure, appropriate and affordable; and
(b) to promote and enable the provision of safe, secure, appropriate and affordable residential accommodation.
QUESTION (1) Given this express purpose, does the Director of Housing have an ongoing responsibility to ensure his existing tenant’s home meets that tenant’s disability needs?
ANSWER (1) There is no legislative requirement under the Homes Act 1935 to modify a home where existing accommodation is no longer suitable. However, the Tasmanian Government expects the Department of Communities Tasmania to work with its tenants to provide homes that meet their needs.
As part of our Affordable Housing Action Plan 2, we will allocate at least 70 new homes to suitable applicants from the Housing Register who are National Disability Insurance Scheme participants. This commitment is part of the Government’s broader plan to improve the wellbeing of Tasmanians living with disabilities and their carers, which includes a dedicated investment of $20 million over three years to deliver more suitable homes.
The plan also includes action to construct new homes that are purpose-built for those participants of the National Disability Insurance Scheme with exceptional needs who require a tailored form of integrated housing and support. We will release a portfolio plan for government specialist disability accommodation following an audit of the portfolio and a review of forecast of demand and supply.
All new social housing properties will be universally designed and suitably diverse for a range of tenants, including the elderly, those living with disability, families or singles.
QUESTION (2) If an existing tenant’s disability needs escalate to the point that their current accommodation is no longer suitable and cannot be modified to make it suitable, is the Director of Housing required to provide alternative suitable accommodation to that tenant?
ANSWER (2) There is no legislative requirement through the Homes Act to provide alternative suitable accommodation to tenants. However, the Tasmanian Government again expects the Department of Communities to work with its tenants to make modifications where professional advice deems that it is required.
QUESTION (3) If so, what considerations are taken into account, other than supporting evidence provided by allied health or medical professionals, to determine what will constitute suitable accommodation for that existing tenant?
ANSWER (3) While there is no requirement, where a request is made, Housing Tasmania accesses professional medical advice to determine the modifications that may be needed. This includes occupational therapists and health professionals.
QUESTION (4) If not, what options are available to that tenant, other than exiting public housing tenancy into private rental tenancy or private home ownership?
ANSWER (4) The same as the response to question (3).
QUESTION (5) Please provide copies of all policies, including the tenant property changes policy, which relate to modifications of Director of Housing-owned assets and rehousing of in-need tenants.
ANSWER (5) I am happy to table a Department of Communities fact sheet on transfers. A number of other fact sheets are available on the Department of Communities website, including ones that discuss the issues of maintenance.
SUPPLEMENTARY QUESTION (17/10/19)
Ms WEBB question to LEADER of the GOVERNMENT in the LEGISLATIVE COUNCIL, Mrs HISCUTT
Mr President, a supplementary question because I do not believe the questions were actually answered. The answer to question (4) should not be the same as the answer to question (3) because they are quite distinctly different questions. I am clarifying this because it seemed that you suggested question (4) had an answer similar to question (3).
Mrs Hiscutt – I suggest the member reword that and submit it again.
Ms WEBB – Perhaps (3) and (4) both related to (2). If the answer is yes to (2), that is the question; if the answer no, you did not answer either (3) or (4) in relation to (2), which was not particularly clearly answered either.
Mrs Hiscutt – I suggest the member reword her questions.
Ms WEBB – And resubmit them to you?
Mrs Hiscutt – Yes, thank you.
