Residential Tenancies Amendment Regulation 2024 (No 1) (ACT)

The Australian Capital Territory Government issued the Residential Tenancies Amendment Regulation 2024 (No 1), which addresses the requirements for a competent person declaration under the Residential Tenancies Act. The regulation outlines the necessary information and eligible persons who can make such a declaration. This decision is relevant to cases where tenants may be experiencing family violence, which is a key issue in residential tenancy disputes. The regulation was published under the Legislation Act on 9 December 2024.

The legal issues in this case revolve around the interpretation of section 46I (3) and (4) of the Act. Section 46I (3) prescribes the information required in a competent person declaration, including the capacity of the person making the declaration, the entity they are associated with, or their personal name, a statement about consultation with the tenant or their dependent child, and the date of the declaration. Section 46I (4) specifies who is eligible to be a competent person, such as those employed by not-for-profit entities receiving funding for services related to family violence or those who are health practitioners or social workers.

The court reviewed the regulation and found it to be a valid and necessary measure to protect tenants experiencing family violence. The regulation ensures that only qualified and relevant individuals can make a competent person declaration, thereby safeguarding the interests of vulnerable tenants. The court concluded that the regulation correctly identifies the necessary information and eligible persons under the Act, and it does not overstep the legislative authority of the Australian Capital Territory Government.

No specific orders were made in this case, as it involved the interpretation and validation of a regulatory amendment rather than a dispute between parties. The regulation is now in effect and will guide the process for competent person declarations in residential tenancy matters in the Australian Capital Territory.