Commissioner for Social Housing in the ACT v Massey

The Commissioner for Social Housing in the ACT applied to the ACT Civil and Administrative Tribunal (ACAT) under section 47 of the Residential Tenancies Act 1997 (RT Act) for a termination and possession order in relation to a residential tenancy agreement with Ms Massey. Ms Massey, who is currently incarcerated, opposed the application on the basis that the Commissioner had failed to have proper regard to relevant rights under the Human Rights Act 2005 (HRA) and acted inconsistently with those rights. The primary issue was whether the Commissioner’s compliance with the HRA could be dealt with in these proceedings, and if so, how. The ACAT concluded that the HRA was not to be engaged in by the ACAT in RT Act proceedings, and declined to make a finding of unlawfulness in relation to the Commissioner’s decisions and actions. It did, however, consider the tenant’s rights under the HRA in exercising the discretion to make the order sought. The ACAT was not satisfied that the making of the order for termination and possession would in any way amount to an unlawful or arbitrary interference with the rights of Ms Massey or her son, and made a termination and possession order. The order was suspended until 3rd June 2013.