COVID-19 Omnibus (Emergency Measures) Bill 2020 - Legislation

23 April 2020

Introduction

I welcome the opportunity to contribute to the COVID-19 Omnibus (Emergency Measures) Bill 2020.

And I say from the outset, the coronavirus pandemic that has sunk its teeth into our cities and communities across the world will most certainly be remembered in history as the health and economic crisis of our generation—one reminiscent of the Spanish flu and the Great Depression faced by our grandparents. These are unprecedented, worrying times, the impacts of which are unlikely to ever be forgotten.

For months now, both here at home and across the world, we have seen the horror of the coronavirus pandemic rapidly unfold. As said many times already, it is an enemy we can neither see nor hear, an enemy our generation has never known and one that must be defeated. And yet despite these dark and troubling times, there have emerged so many heroes within our community. And these heroes do not need capes or special powers. If you asked, most would consider themselves just the average Australian, people who get on with the job because they know it needs doing and who just want to help out because someone is in need. They contribute every day to keeping Australia moving. But this is not news; they have been right there doing it for a long time.

They are our nurses, doctors, and paramedics, always there at our side when we need them most. They are our teachers and early childhood educators, who support, teach and encourage each of us from the earliest age. They watch us grow and then do the same for our own children. They are our truckies, zigzagging across the nation keeping us supplied and fed, and our retail workers stocking the shelves of our shops, doing everything they can to make sure we can get what we need when we need it.

These are our vital services and our essential workers. These are our Aussie heroes. And I make a point of noting that these are hardworking Aussies in industries that largely make up the membership of unions right across this country. These essential workers have always been there—as important to us now as ever before. That is something we should never forget when we come out the other side.

I know I am not alone in observing that the world as we know it, our economic and human interactions with each other, will likely change forever. And that change, here in Victoria, will be shaped by the bills being debated today.

Families’ and businesses’ ability, or lack thereof, to pay rent due to the economic impact of COVID-19 is all too real. The impact on their income, their weekly wage, and their ability to put food on the table is a burden we should all share. This bill enshrines our temporary tenant and landlord relief package into law—keeping a roof over heads and support for business to be left standing on the other side of this pandemic.

My office currently spends its days on the phone and responding to emails, working through tenancy issues with local families and small businesses. I cannot begin to express how relieved people—both renters and landlords—are when I talk them through the assistance this bill makes available.

I have always believed in the importance of government, that it really does matter. You might not like politicians and politics, but we need the government. It affects everything around us. And it is the basic right of every individual in our community to expect good governance. What has become absolutely clear is this: in times of crisis good governance is critical and can make all the difference. That means making the hard calls—decisions that are not necessarily popular but are necessary. The Andrews government has time and again shown its strength and aptitude in this space. It has shown that it is prepared to take decisive action before it is too late—this time doing everything it could to slow the spread of the virus with big asks of the Victorian people. I know it is a tough time for Victorians. Isolation is not an easy situation to cope with, but it has been done to keep the most vulnerable in our community safe, while also addressing the far-reaching social and economic impacts the COVID-19 emergency has had on our economy—necessary calls.

This bill puts in place measures streamlining a range of urgent cross-portfolio reforms sorely needed—reforms necessary to assist the state’s emergency response, reforms taking seriously the risk to public health in Victoria, with a goal to minimise negative impacts on our public health system and the families that comprise the Victorian economy.

These reforms enable critical state services and systems to respond efficiently and effectively, permitting the adoption of measures to reduce person-to-person contact and the subsequent transmission of COVID-19.

And as important as these measures are in the protection of our health system, so are the measures being put in place to protect our economy, because the Victorian people are our economy. And of vital importance to the people of Tarneit, who sent me to this place, and I dare say to families and businesses right across Victoria, are the measures related to commercial and residential tenancies.

Reforms to support residential tenants and landlords

I am specifically making reference to the included reforms on the topic of tenancy measures because many people in my electorate rent and this bill will unlock the unprecedented support they need to get through these challenging times through a broad moratorium on residential tenancy evictions. They will be banned. Nobody can be evicted from their home; nobody can have the roof removed from over their head.

Our government’s expectation is clear: tenants will continue to meet their rental obligations where possible. This bill seeks to implement measures where a tenant may not be evicted for non-payment of rent where they are experiencing financial distress during the moratorium period of six months.

Additionally, rent increases will be suspended during the moratorium. Because times are tough, there is no point increasing rent during this period where so many are struggling. With so much uncertainty and in the face of financial hardship we need to bear the brunt of this thing together.

Residential tenancy disputes, including eviction matters, will be administered by Consumer Affairs Victoria. Where parties need additional support, they will be referred to a new specialist mediation service to be provided through the Dispute Settlement Centre of Victoria.

Reforms to support commercial tenants and landlords

The impact of COVID-19 on many small business operators in my community and across Victoria has been profound. It is staggering to think how quickly life can change.

We are a government that is committed to supporting Victoria’s small businesses and ensuring as many small businesses as possible reach the end of this journey with us. This bill will provide a significant amount of support to small business owners who in ordinary times lay the foundation of our communities, grow our economy and keep locals employed.

This bill seeks to implement the principles on commercial tenancies agreed to by the national cabinet to prohibit termination of leases and recovery of possession of leased premises, modify certain rights and liabilities arising under leases, extend eligible lease periods and require landlords and tenants to participate in mediation facilitated by the Small Business Commission.

Where a tenant is suffering economic hardship due to COVID-19, landlords must not terminate leases due to non-payment of rent during the COVID-19 pandemic period or a reasonable recovery period, and tenants must remain committed to the terms of their lease.

Landlords are being encouraged to offer tenants proportionate reductions in rent payable in the form of waivers and deferrals of up to 100 per cent of the amount ordinarily payable, based on a reduction in the tenant’s trade.

Conclusion

Victorians have well and truly risen to the challenge of fighting COVID-19. Through sacrifice and the majority of us doing the right thing with respect to social distancing and heeding the call of the Premier to stay at home, we have seen the flattening of the curve—and the avoidance of thousands of deaths.

To my fellow Victorians, thank you for your sacrifice. We will not let you down on the other side of this.

I commend the bill to the house.