Hansard debates

Paul EDBROOKE (Frankston – Minister for Consumer Affairs, Minister for Cost of Living, Minister for Renters, Minister for Men and Boys) (10:32): Under the Statewide Treaty Act 2025, I table a statement of treaty compatibility:

1. I note that due to the recent establishment of the First Peoples’ Assembly of Gellung Warl, it was not possible to give the First Peoples’ Assembly the opportunity to advise on the Consumer Legislation Amendment Bill 2026 (the Bill) or for them to otherwise make representations about the effect of the Bill on First Peoples.

2. In my opinion, the Bill is compatible with the objects set out in section 66(3)(d) of the Statewide Treaty Act 2025. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

3. The purpose of the Bill is to:

3.1 acquit the Victorian Government’s commitment to strengthen protections for Victorian consumers in the housing market through reforms to the Conveyancers Act 2006, Estate Agents Act 1980, Owners Corporation Act 2006, Residential Tenancies Act 1997 (RT Act), Sale of Land Act 1962 and the Subdivision Act 1988 by:

(a) improving the disclosure of key information in property sales by ensuring accurate and timely access to key property information, including price information, and reduce risks to consumers as a result of pressure from real estate agents seeking to gain early access to sales commissions from deposit moneys;

(b) streamlining government enforcement of non-compliance by estate agents and conveyancers with trust account audit obligations, including empowering the Business Licensing Authority to suspend the licence of a non-compliant estate agent or conveyancer;

(c) strengthening renter protections and outcomes for renters;

(d) providing for a process by which lot owners lots can request payment plans from an owners corporation for the payment of certain fees and charges and increasing access to the Victorian Civil and Administrative Tribunal (VCAT) for owners corporations in relation to orders relating to plans of subdivision; and

3.2 strengthen regulatory compliance and enforcement in relation to consumer goods and enhancing consumer protection through reforms to the Australian Consumer Law and Fair Trading Act 2012 (ACLFTA), Motor Car Traders Act 1986 and the Tobacco Act 1987 by:

(a) providing for the forfeiture of certain documents or things to the Crown if they go uncollected after their seizure pursuant to an information or safety standard or an interim or permanent ban made under the Australian Consumer Law and for the Minister for Consumer Affairs to authorise the disposal of those seized documents or things;

(b) clarifying circumstances in which a person will be prohibited from engaging in debt collection;

(c) strengthening consumer protections for purchasers of motor cars and updating governance procedures for determination of claims by consumers against the Motor Car Traders Guarantee Fund; and

(d) combatting the sale of illicit tobacco by introducing powers to close premises, introducing penalties for commercial landlords and address the forfeiture and destruction of seized illicit tobacco.

3.3 make miscellaneous amendments to a number of other Consumer Acts, including the Domestic Building Contracts Act 1995 and the Retirement Villages Act 1986 to ensure the consumer protections provided by those Acts are effective and operate as intended.

Consultation with the First Peoples’ Assembly of Gellung Warl

4. I note that due to the recent establishment of the First Peoples’ Assembly of Gellung Warl, it was not possible to give the First Peoples’ Assembly the opportunity to advise on the Bill or for them to otherwise make representations about the effect of the Bill on First Peoples.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

5. I have considered whether the Bill is compatible with the objects at section 66(3)(d)(i)–(iii) of the Statewide Treaty Act 2025:

5.1 advancing the inherent rights and self‑determination of First Peoples;

5.2 addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation; and

5.3 ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples.

6. In relation to provisions of the Bill which will:

6.1 improve outcomes for Victorian renters through reforms to the RT Act to:

6.2 strengthen regulatory oversight and consumer protections for site tenants of Part 4A Parks;

6.3 cap the cost of breaking rental agreements and require rental providers to provide additional keys or fobs, and enable renters to pay bonds directly to the Residential Tenancies Bond Authority;

6.4 strengthen protections for Victorian consumers through reforms to the Conveyancers Act 2006, Estate Agents Act 1980, Owners Corporation Act 2006, Sale of Land Act 1962 and Subdivision Act ‍1988 to:

6.5 improve the accuracy and timeliness of key information in property sales ensuring accurate and timely access to key property information, including price information, and reduce risks to consumers as a result of pressure from real estate agents seeking to gain early access to deposits;

6.6 streamline government enforcement of non-compliance with property professionals’ trust account audit obligations;

6.7 provide for a process by which owners of owners corporation lots can request payment plans with statutory protections for the payment of certain fees and charges;

6.8 increase access to VCAT for owners corporations in relation to orders relating to plans of subdivision;

6.9 strengthen compliance and enforcement activity with regard to consumer goods and services through reforms to the ACLFTA, Motor Car Traders Act 1986 and Tabacco Act 1987 to

6.10 provide for the forfeiture and disposal of certain documents or things seized under Part 6.4 of the ACLFTA;

6.11 improve consumer protections and to modernise the regulatory framework for the motor car trading industry;

6.12 combat the sale of illicit tobacco;

6.13 make minor and technical amendments to the Domestic Building Contracts Act 1995 and the Retirement Villages Act 1986 to ensure the consumer protections provided by these Acts operate as intended.

7. In my opinion these provisions of the Bill do not affect any of the objects specified in section 66(3)(d)(i)–(iii) of the Statewide Treaty Act 2025 and is therefore compatible with each of those objects.

8. In relation to provisions of the Bill which will amend the RT Act to strengthen protections for victim survivor renters, including protecting victim survivor renters from liability for loss and damage caused by a perpetrator and introducing a prohibition on discrimination against victim survivor renters in the context of rental applications.

9. I note that First Peoples have been found to be disproportionately affected by family violence.

10. The final report of the Royal Commission into Family Violence observed at page 7 that Aboriginal and Torres Strait Islander peoples, especially women and children, are disproportionately affected by family violence and face unique barriers to obtaining assistance.

11. Given the disproportionate impact of family violence on First Peoples, this reform will benefit First Peoples by advancing the equal enjoyment of human rights and fundamental freedoms by First Peoples relating to housing needs and safety.

12. As such, in my opinion the proposed amendments are compatible with the inherent rights and self-determination of First Peoples at section 66(3)(d)(i) of the Statewide Treaty Act 2025, and do not limit addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation at section 66(3)(d)(ii).

13. The Bill will also insert sections 30AB(3), 94FA(3) and 145BA(3) into the RT Act which exempts specified entities, such as social, community and affordable housing providers, from the new requirement that prohibits rental providers from refusing to let a rented premises to someone due to being a victim survivor of family violence.

14. First Peoples are over-represented in social housing and, as previously noted, may be disproportionately affected by family violence. As such, these First Peoples may not enjoy the same benefit from these reforms as other renter cohorts.

15. However, I consider that any limitation of enjoyment of the rights conferred by these reforms is not incompatible with the object at section 66(3)(d)(iii) of the Statewide Treaty Act 2025 as amendments are to strengthen protections for victim survivors of family violence, including First Peoples and will ensure First Peoples will have equal enjoyment of the protections provided by these reforms. The exemption of specified entities under new sections 30AB(3), 94FA(3) and 145BA(3) does not prevent social, community and affordable housing providers, as part of their application processes, from positively discriminating in favour of victim survivor rental applicants (including First Peoples) and in doing so, prioritise their housing needs and safety.

The Hon. Paul Edbrooke MP

Minister for Consumer Affairs

Minister for Cost of Living

Minister for Renters

Minister for Men and Boys