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Legislative Assembly 23031 LEGISLATIVE ASSEMBLY Wednesday 19 May 2010 __________ The Speaker (The Hon. George Richard Torbay) took the chair at 10.00 a.m. The Speaker read the Prayer and acknowledgement of country. BUSINESS OF THE HOUSE Notices of Motions General Business Notices of Motions (General Notices) given. PRIVATE MEMBERS' STATEMENTS __________ ILLEGAL BOARDING HOUSES Mr VICTOR DOMINELLO (Ryde) [10.03 a.m.]: About 11 weeks ago, on 25 February 2010, I addressed this Chamber about the problems associated with the proliferation of illegal boarding houses in Ryde. At that time a residents' action group today known as Marsfield Against Residential Suffocation [MARS] was in its infancy. Today MARS is a well-organised and passionate group led by local Marsfield resident Alan Patrick. I would like to make special mention of Peter Groenestyn, Gloria Dartnell, Neil Yakalis, Sylvain Flore, and Rodney and Helen Simmons, who are just some of the hardworking members of the MARS team. The MARS action group is calling on all governments to work together to provide increased student housing capacity in the short term and to plan innovatively for the long-term housing needs of the increasing number of international students at Macquarie University and international workers employed by businesses within the Macquarie Park business precinct. In addition, the group wants to see unscrupulous boarding house operators punished with significant financial penalties and enforcement orders brought against them. Shortly I will be presented with a petition from the MARS action group spokesman Alan Patrick on the steps of the Parliament. The petition contains, I am led to believe, over 1,000 signatures from concerned residents calling on Premier Kristina Keneally and her State Labor Government to act immediately to get rid of the boarding house provisions of the Affordable Rental Housing State Environmental Planning Policy, and to take decisive action to give local councils the power they need to inspect illegal boarding houses and make enforcement orders against their proprietors. The MARS action group has made it clear that its complaint lies squarely against the unscrupulous investors running the boarding houses and not against the unsuspecting students, who for the most part are well behaved and hardworking, and go about their studies quietly and pleasantly. Despite these noble objectives, some local representatives have sought to misrepresent the concerns of the MARS action group. Last week a Ryde councillor accused Marsfield residents of not caring about the welfare of international students and wanting to kick them out on the street. This claim is, of course, incorrect. The residents of Marsfield have lived peacefully amongst university students for many years. The overwhelming majority of the residents are most happy to share their neighbourhood with the students. What has galvanised the residents is not the run-of-the-mill activities of students sharing a suburban house; it is the exploitation of students herded into partitioned rooms. It is 14 or 15 people living in one house with insufficient kitchen, bathroom and waste facilities. It is the stories of students being ripped off by their landlords, with no tenancy agreement and virtually no legal rights. Boarders and lodgers have no legal rights under the Residential Tenancies Act. They have nowhere to turn in the event of a dispute with a landlord. Often they speak poor English and have little knowledge of their legal rights. The Marsfield Against Residential Suffocation action group is fighting to preserve the fabric of our local community, where many have lived for over 40 years, and to ensure the welfare of international students many of whom we know have been subjected to financial exploitation at the hands of unscrupulous boarding house operators. 23032 LEGISLATIVE ASSEMBLY 19 May 2010 As Australians we have a responsibility to educate and look after our international guests. We all have families, and if our loved ones were to travel to a foreign country to study, spending several years away from home, we would hope they would be well looked after. International students contribute so much to our economy. In 2008 the international student sector contributed $15.5 billion to the Australian economy. In New South Wales the figure was $5.8 billion. The tremendous growth in the international education sector in recent years has been well documented. The Federal Government has a major role to play in all aspects of policy concerning international student welfare and the regulation of universities. The Federal Government ultimately determines the number of international student visas granted each year. That Government must also play a major role in ensuring there are sufficient services and amenities to facilitate the rapid increase in international student numbers. One of the main causes of the increase in illegal boarding house operations in recent years is the lack of supply and over demand. In 2000, Macquarie University had a student population of 21,500, of which 2,800, or 13 per cent, were international students. According to Macquarie University's 2009 annual report, the international student population has increased to 12,396, 35 per cent of a total enrolment of just over 35,000. Revenue from international student fees was $161 million, a 14 per cent increase on the previous year. Currently Macquarie University provides around 1,800 accommodation places on and off site, including at Dunmore Lang College and Robert Menzies College, as well as serviced apartments. This means that currently over 12,000 international students are competing amongst 35,000 students for just 1,800 student accommodation places. According to Macquarie University's master plan, the university wants to increase its capacity by an additional 5,000 accommodation places by 2031. If current trends continue Macquarie University's international student population will be approximately 30,000 by 2031. We need urgent action to address this problem. I again call on the New South Wales Labor Government to, first, make more campus accommodation for overseas students available as a matter of urgent priority; second, immediately repeal the Affordable Rental Housing State Environmental Planning Policy and return power to local councils; and, third, give councils the power to inspect suspected illegal boarding houses without notice, improve prosecution mechanisms, and impose significant fines on operators who continue to flout the law. CESSNOCK PLANNING AND DEVELOPMENT Mr KERRY HICKEY (Cessnock) [10.08 a.m.]: A very important issue in my community concerns planning and development decisions of the Cessnock City Council. Approximately 18 months ago the council published statistical data showing that its planning performance was comparable to the performance of other councils. Out of 126 statistical sets that could have been published, the council published four. The other 122 showed how badly the council is performing. The council was ranked in the bottom 10 of councils in the State, even though it has 17 staff members in its planning department, which places it in the top 20 councils of the State as far as staffing levels are concerned. The issues associated with the council's decisions are long and varied. One has only to examine the voting practices of certain councillors to see just how poorly they are performing. They are doing everything they can to stop development in the community. The Hunter Economic Zone [HEZ] is a prime example. It was implemented in 2002 yet the council continually tries to stymie development. Any development proposal submitted under the Hunter Economic Zone is met with rescission motions and stymieing tactics. Developers are becoming very annoyed. As a matter of fact, they have walked: they are submitting their development proposals to neighbouring councils. An example of the council's approach to planning is the kookaburra statue. The Kurri Kurri community was told by council staff that the statue could not be erected on the roundabout at Kurri Kurri, which is where they wanted to put it, but that it had to be erected in Rotary Park. The council staff told the community that a development application would have to be submitted. When that was submitted, council staff recommended refusal of the development application. Another example is Lazy Lads, which operates a laundromat. It moved from a class 6 building in Kurri Kurri and went to another class 6 building in Kurri Kurri that had not been vacated for more than a few months. The company was forced to submit a development application at a cost of $993. The council has done not one thing to progress the development application. The company was told that it had to move to the building it currently occupies within a couple of months or the business would fold. Lazy Lads moved in without the 19 May 2010 LEGISLATIVE ASSEMBLY 23033 proper certificates, and the council threatened to impose fines—even though the council had done nothing to progress the development application or refund the application fee. The council has provided no answers to the community. Another example is the Wendy Bishop matter. Ms Bishop purchased a block of land that was surveyed and auctioned by the Cessnock City Council. She spent $170,000 on trying to obtain access to her block of land. She has become bankrupt trying to build a home in Cessnock and has moved to a shed in Toowoomba where she is living with her son. There are many similar cases I could mention. Noel Constable from Northville inherited his family's block of land and tried to obtain approval to build a house on that block of land. Over a period of 15 years, approval was refused continually. He sold the land to people from Sydney. They tried for 12 months to obtain approval to build a house on the land, but they too were unsuccessful.
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