7 March 2023

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the minister representing the Minister for Consumer and Business Affairs on the topic of renters rights.

Leave granted.

The Hon. R.A. SIMMS: Last month, the Malinauskas government announced their plan to introduce legislation to ban the practice of rent bidding; that is, a practice whereby tenants are encouraged to bid higher than rent offered by other tenants in order to secure a home. According to a story in The Advertiser published on 15 February this year, under the proposed legislation:

Landlords will still be allowed to accept offers above the listed rental price if they are made unsolicited and without encouragement.

Four days later, SBS online published a story that considered the effects of similar bans in other jurisdictions. The article stated that in New South Wales some prospective tenants are still offering more than the asking price, as well as offering to pay rent in advance—sometimes as much as a full year in advance. My question to the Attorney-General therefore is: given that so many South Australians are struggling with housing stress at the moment, is he concerned that the government's bill may not achieve its stated objective of actually banning the practice of rent bidding?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question. I will forward that on to the minister to whom he referred, the Minister for Consumer and Business Affairs in the other place, and bring back a reply for him.

23 February 2023

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the minister representing the Minister for Consumer and Business Affairs on the topic of rental standards.

Leave granted.

The Hon. R.A. SIMMS: The Bureau of Meteorology has issued a heatwave warning for South Australia, with some parts of the state experiencing an extreme heatwave. In SA Health's guide to coping with hot weather and heatwaves, it is stated that, and I quote from that document:

Everyone is at risk of heat-related illnesses during hot weather and heatwaves, and some groups of people, such as:

babies and young children

pregnant women

the elderly (especially people living alone)

people with chronic illnesses…

people with mobility issues

are more at risk of heat-related illness than others.

The guide goes on to recommend staying indoors with a fan or air conditioner on to stay healthy in the heat. South Australian rental properties are not required to provide fans or air conditioning for tenants, and many renters find it difficult keeping their houses cool. SACOSS have called for provisions to ensure minimum standards for private rental properties in South Australia. During a 2019 heatwave, SACOSS's CEO, Ross Womersley, was quoted by the ABC as saying that:

We should be ensuring that all properties that are being built are up to a very high environmental standard, in order to ensure that in the long term, we're protecting everybody in our community from these events.

My question to the minister therefore is: will the government commit to introducing minimum rental standards to ensure that renters are able to stay cool during heatwave events?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question, and I will refer it to my colleague in another place the Hon. Andrea Michaels, Minister for Consumer and Business Affairs and member for Enfield, and bring back a reply that she provides.

30 November 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the Minister for Primary Industries and Regional Development on the topic of housing in flood-affected areas.

Leave granted.

The Hon. R.A. SIMMS: Yesterday, the Premier told the other place that over a thousand homes will be affected by the Murray River floods and those people will be requiring alternative accommodation. The Malinauskas government has committed to crisis and emergency accommodation in flood-affected areas to provide short-term solutions. Long-term solutions, however, will also be required, as demonstrated by the flood-affected areas in New South Wales.

In Lismore, in that state, authorities are still trying to find long-term solutions for flood-affected residents nine months after floods left thousands of people without homes. With vacancy rates of just 0.5 per cent in the Murray and Mallee regions and 0.73 per cent in the Riverland, the number of available homes is limited for people who need long-term accommodation while recovery efforts are being undertaken. My question to the minister, therefore, is:

1. Is the minister satisfied that there is sufficient availability of medium to long-term accommodation for flood-affected communities in South Australia?

2. What is the minister doing to ensure that there is an increase in housing stock in the affected regional areas?

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries: I thank the honourable member for his question. It certainly is a very pertinent topic in that we are aware of the immediacy of the approaching waters and what that will mean for people who do need to temporarily relocate. Of course, the Minister for Human Services has been very active as part of the cross-government and cross-agency activities to address the kinds of emergency situations that people will find themselves in.

In terms of medium to long-term accommodation, this is well known to be a significant issue in regional South Australia, as indeed it is quite an issue in metropolitan Adelaide as well. They are very difficult circumstances for all regions, but then when we add to that something that has the kind of effects that we are expecting this flood event to have, it is simply an added difficulty and complexity.

The minister for housing in the other place and the Minister for Human Services in the other place, as well as the government, are working on medium and long-term strategies in terms of housing and I have no doubt that the Riverland and the situation that we are faced with because of the rising waters and the expected flood damage will form a big part of the thinking as we go forward.

In terms of response, there are national disaster funding arrangements that are in place when there are various natural disasters, and of course we have seen those in place in the other states. I am sure that we will be very active in working together to try to find solutions for residents in regional areas, particularly the Riverland and the Murraylands, who might be affected by this.

3 November 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to a minister in this place, the Attorney-General, on the topic of renter background checks.

Leave granted.

The Hon. R.A. SIMMS: This morning, the ABC reported that renters are being told that they must pay for background checks when applying for rental properties. In the case of the 2Apply third-party app renters are required to use to provide background information, the ABC reports that their form asks for extensive private information, including the model of their car. The ABC further claims that renters are being told their star rating as an applicant would be capped at four out of five stars if they do not pay for their own background check.

Landlords and estate agencies are increasingly turning to third-party organisations, such as 2Apply and Equifax, for these background checks. 2Apply's terms and conditions, available on their website, describe these payments and features of the platform, claiming: 'From time to time, the interface may offer additional features for a fee. These features will be labelled as "paid".' Renters are not required to pay for these features, but they cannot achieve a five-star rating without them.

My question to the Attorney-General therefore is: does the government consider it unreasonable for renters to have to pay to receive a five-star rating when applying for a home? What is the government doing to ensure people are fairly treated by these third-party organisations?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question and his regular interest and advocacy in the area of the rights of consumers, particularly renters and rental affordability.

A lot of what the honourable member is asking will fall within the purview of my colleague, the Minister for Consumer and Business Affairs, but also I think there are elements that pertain to privacy for individuals and how information is used that comes into my portfolio area. I don't have any information on this and I haven't heard of this before but, to protect individuals, it is something I am happy to look into.

I am happy to work with my colleague, the Minister for Consumer and Business Affairs, to understand what the situation is in South Australia if potential renters are being unfairly treated because of a requirement to pay money to obtain a certain rating on a report to have a preferential go at obtaining a rental. I will be happy to bring back a reply to the honourable member. This may take a little bit of time, but it is an important issue and I am very happy to look into it.

20 October 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the Minister for Regional Development on the topic of homelessness in the Riverland.

Leave granted.

The Hon. R.A. SIMMS: Yesterday, the honourable Minister for Climate, Environment and Water, Susan Close, provided a ministerial statement on the forecast high flows and rainfall expected in the River Murray over the next few months. In her statement, the minister highlighted that it is the highest seen since 1974, nearly 50 years ago, and it's likely to affect South Australian communities living in the Riverland.

Earlier this month, the Local Government Association of South Australia called on the state government to address regional housing issues, given so many people are struggling to find homes. According to homelessness advocate Shane Maddocks, the chief executive of ac.care, regional towns are on the 'precipice of an unprecedented homelessness crisis'. The latest Australian Bureau of Statistics data on homelessness estimates that 344 people are experiencing homelessness in the Murray and Mallee regions where high flows are predicted. With high flows and wet weather expected while some people are sleeping rough and in tents, my questions to the minister are:

1. How many people are currently sleeping rough in areas where high flows and wet weather are predicted?

2. What is the government doing to protect those experiencing homelessness in the regions that could be affected?

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): I thank the honourable member for his important question. Some of that detail I will need to get from the minister in the other place and bring that back to the chamber, which I am happy to do. However, in a general sense for background, it might be worth placing on the record some of the other information around the housing situation in terms of the rising waters of the River Murray.

I am told that the South Australian Housing Authority has advised that there are not any public housing properties in the Riverland immediately at risk from flooding, but of course the agency continues to monitor that situation in consultation with the various other agencies that are looking at the issues around flooding.

The South Australian Housing Authority is also responsible for emergency relief during major incidents and is represented at the State Emergency Centre to coordinate with other agencies. It's one of the agencies that has been represented on the emergency support team that I referred to in one of my earlier answers, of which PIRSA is also a member. That support team has been meeting for the last six weeks and will continue to do so as required.

As part of the emergency relief responsibilities, the South Australian Housing Authority has identified locations for emergency relief centres if they are required in coming weeks and months. Of course, we hope that they are not, but if they are, they have already identified locations. They have identified hotels and motels in affected areas and they have contact details in the event of activating large-scale emergency accommodation.

They have also contacted organisations like Lions and Rotary, which may be asked to assist in emergency relief work. I am also advised that the authority will work with the local homelessness service provider to conduct assertive outreach to vulnerable communities along the riverbank. Those are some of the actions currently underway, and I will take the remaining questions and refer them to the appropriate minister in the other place.

The Hon. R.A. SIMMS: Supplementary: can the minister confirm what arrangements are in place for those who are sleeping in tents who cannot be contacted by government agencies?

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): I would expect that the assertive outreach to which I referred is probably incorporating that into their work. We know there are vulnerable communities but also others who may not have ready contact, so that sort of assertive outreach is part of that. Again, if there is additional information I can provide once I have referred it to the minister in the other place I will do so.

Reply received on 20 November:

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): The Minister for Human Services has advised:

I am advised that leaders from the SA Housing Authority and Country South Homelessness Alliance visited the region on Tuesday 25 October to coordinate response.

Five people rough sleeping in Berri and six people rough sleeping in Murray Bridge with government and non-government staff working together to accommodate this group.

19 October 2022

I rise to speak on the Planning, Development and Infrastructure (Use of Vacant Land) Amendment Bill. In 2017, my predecessor, Mark Parnell, brought a similar bill to this one, at that time to find a public use for the vacant Le Cornu site. This revised bill seeks to address the housing crisis by allowing the government to step in and place temporary housing on vacant land in circumstances where the owner is unable or unwilling to undertake development.

The housing crisis continues to worsen in South Australia. Poor affordability, low availability and stagnating incomes have led us to a point where we regularly hear about people living in tents, in cars, on the streets or couch surfing. It is outrageous that we have residential and commercial land across our state that is being left vacant while people have no place to call home. In the CBD and the suburbs, we have several parcels of land that are left vacant with no imminent plans for development.

Sometimes land sits vacant because financing has fallen through and a developer has to abandon a project, but sometimes it is because a landowner is land banking, which is the practice of using an unused land asset to gain a return on investment with very few overheads or outlays. There is an example on Sturt Street here in the city. This block of land has remained vacant for at least seven years. Development applications have been submitted for this property over many years.

There is also of course the example of the old Le Cornu site, which sat vacant for almost 30 years. Indeed, during most of my lifetime that site on O'Connell Street has been vacant. It is of concern when you see prime land like this remaining vacant and government not taking any action and developers not being compelled to activate the land.

Under this bill, the government could take a statutory lease to use the land for a public purpose, including temporary housing. With over 17,000 people on the public housing waiting list, this solution would provide a supply of public homes quickly and easily until more permanent public homes could be built.

There are proven examples of this concept in other jurisdictions. The Victorian government entered a public-private partnership to use vacant land to deliver architecturally designed transportable dwellings for those who are experiencing homelessness, and the Harris Transportable Housing Project has already delivered 47 homes on underutilised land for residents. These homes are pet friendly, energy-efficient, affordable places for people to live privately and independently. Prefabricated homes can be installed in one day and easily removed when the land is ready for permanent development.

The Victorian example has received two awards from the Planning Institute of Australia for Best Planning Idea. We need innovative ideas like these to address our housing crisis. The need for housing is pressing. The solutions need to be swift and at scale. This bill unlocks unused land for the government, and that is land that is otherwise serving no useful purpose in our state.

This does not, of course, take the land away from the private owner. It is returned to the private landholder once a development application is lodged. My hope is that the government will support this bill and then utilise the land that is available to reduce the number of people on our public housing waitlist or, at the very least, reduce the number of people who are sleeping rough on our streets because I recognise that temporary housing is no solution or alternative to long-term permanent housing.

Surely, having people sleeping in portable homes is a better outcome than people being forced to sleep in tents, cars or caravans. It is not good enough that people are sleeping rough, couch surfing or having to live in their cars. It is our duty, as members of this place, to take action to address this crisis. I urge members to support the bill.

19 October 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the Attorney-General on the topic of data protection.

Leave granted.

The Hon. R.A. SIMMS: Last month the data breach at Optus left millions of customers vulnerable to scams and identity theft. At a renters' forum I held last month, renters raised concerns about the safety of their data in the wake of the Optus breach. Renters are often required to provide their driver's licence, bank statement, employment history, rental history, passport and the number of their dog's microchip (if indeed they have one). If renters refuse to provide any information the landlord or property manager asks for, they will not be considered for a rental home.

On 4 October The Guardian Australia reported on this issue and claimed that the culture of data hoarding by the real estate sector undermines the right of privacy and worsens the power imbalances between renters and landlords. My questions to the Attorney-General are:

1. What assurances can the government provide that the personal data of renters is being protected?

2. Will the government be legislating to protect the personal data of renters as part of their review of the Residential Tenancies Act?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question. It is an important one. I think many people have been horrified at what they have seen with the Optus data breach and I know that as a government we have discussed it. I think my colleague the member for West Torrens, the Hon. Tom Koutsantonis, as the Minister for Transport, has put in place people being able to get their licence reissued for free. I think that is a sensible initiative of the government for people who, through no fault of their own, can have their identities compromised, to have a new and different licence to be issued at no cost of their own.

It is an interesting question because, of course, other jurisdictions, most notably European jurisdictions, have, as I understand it, very significant sanctions for data breaches as occurred with Optus. I just don't have the information in front of me, but there are specific instructions and guidelines in terms of data that the government holds and sanctions for that, but in terms of data that private entities, whether they be rental companies, real estate companies, strata corporations hold, I am happy to look to see what we can do in relation to a review of acts that include rental provisions to see if there is a way to include those in those.

Reply Received on 30 November 2022:

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): The Minister for Consumer and Business Affairs has advised:

Consumer and Business Services (CBS) is responsible for the administration of the Residential Tenancies Act 1995 (RTA).

The RTA regulates residential tenancy databases, often referred to as tenant blacklists. Sections 99J and 99K of the RTA limit how database operators can store and distribute the personal information of renters.

The national privacy principles, as stated in schedule 3 of the Privacy Act 1988 of the commonwealth, also limit how organisations store, use, and disclose personal data. These principles can apply to how database operators and other organisations treat the personal data of renters.

The Malinauskas government has committed to a review of the RTA. The review will consider restricting the amount of personal information that can be requested from prospective tenants applying for a rental property and will consider regulating the circumstances in which this data can be retained.

28 September 2022

The Hon. R.A. SIMMS: I seek leave to make a brief explanation before addressing a question without notice to the Attorney-General on the topic of rental stress.

Leave granted.

The Hon. R.A. SIMMS: Yesterday, the Anti-Poverty Network released the results of their survey of low income renters in South Australia. The results showed that 64 per cent of low income renters felt that they were discriminated against when applying for rentals, mostly due to being a recipient of Centrelink payments. The Anti-Poverty Network has called for strengthening basic standards and protections for tenants in South Australia.

My questions to the Attorney-General are:

1. Is the Attorney-General concerned that people on low incomes feel they are being discriminated against when trying to secure rental accommodation in South Australia?

2. What action is the government taking to remedy this?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question. It has come up a number of times, and the honourable member has certainly been a very solid advocate for ensuring rental affordability in South Australia across a range of areas. In terms of discrimination experienced by people in a rental setting, that is one of the significant areas.

I think the report that was tabled yesterday from the equal opportunity commissioner found that accommodation is a significant area of work the equal opportunities commissioner is involved with in the areas of discrimination she looks after. Certainly, there are other areas that the honourable member advocates for and would be aware of where people experience discrimination that are not covered by the Equal Opportunity Act. It is of concern when people are discriminated against in a whole range of areas.

I might talk to the honourable member regarding whether he has suggestions about how we can make improvements, maybe not necessarily through legislative changes but through policy or through other ways where we might be able to improve the experience of people seeking rental accommodation.

The Hon. R.A. SIMMS: Supplementary: the minister referenced the commissioner's report. Is the minister able to advise what remedies are currently available in terms of action that people can take if they are facing discrimination in the rental market? If he is not able to provide the answer today will he undertake to do so on notice?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I thank the honourable member for his question. The primary focus of action taken by the equal opportunities commissioner is conciliation. I don't have the statistics in front of me, but a large percentage of complaints are resolved through the consultation process. I am happy to go away and find out the percentages and other remedies available.

In reply to the Hon. R.A. SIMMS (Reply given 1/11/22)

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I have been advised:

If a tenant or prospective tenant considers that they have been discriminated against on the basis of any one or more of the grounds set out in the Equal Opportunity Act 1983, they can lodge a complaint with the Office of the Commissioner for Equal Opportunity who will assess and, where applicable, conduct a conciliation process.

For discrimination on grounds outside of the Equal Opportunity Act, there are advocacy services such as RentRight, which is free and independent, and provide support when applying for a lease, and can assist prospective tenants with accessing legal and other services as required.

28 September 2022

The Hon. R.A. SIMMS: The matter I rise to speak on this afternoon is one that will be of importance to all those South Australians who value our open public space; that is, the future of the Festival Plaza. Just last week, the Minister for Planning, the Hon. Nick Champion MP, told The Advertiser that the Walker Corporation had lodged plans for a second office tower on the Festival Plaza. That is next to the 29-storey tower that has already been approved for the site, the tower that is already on the way but is running behind schedule.

It is an outrage that our city's prime civic space is being used to host one private office tower, let alone two. It was the Weatherill Labor government that first approved the Walker Corporation's construction of this tower, back in 2012. In fact, they granted the Walker Corporation exclusive use over that site. That was our public land—our public land—being gifted to a billionaire. Indeed, the South Australian taxpayer will be contributing more than $250 million to facilitate this private takeover of our public land—$250 million of taxpayer funds to gift to a private corporation to help them take over our public land. It is an outrage. It is a disgrace.

In a city where there are already so many vacant office buildings, it beggars belief that one of our key civic sites will be used in this way, particularly when one considers that it is on the Adelaide Parklands, our national heritage-listed Parklands, arguably the most valuable real estate in South Australia. This space could have been returned to the Parklands for a fraction of the cost. This tower will cast a long shadow over our historic Parliament House and the new Festival Centre.

I mentioned earlier the role of the Weatherill government, but this has been a bipartisan project, a project between the two major parties. Indeed, last year the Liberals approved an extra two storeys on the tower. Back in 2020, they reduced the number of trees the Walker Corporation were required to plant and the required public contribution increased by another $20 million. Of course, we know that this new tower will not be paying any rates.

The Walker Corporation will be exempt from paying rates to the City of Adelaide because the building will be on Crown land. The Advertiser has estimated that that will be a loss of revenue to the local council of $150,000 every year, and now the government is actively considering a second tower for this site. It is a disgrace.

It seems that whatever developers want in this state, they get. We have a planning system that is designed to serve the interests of the big end of town at the expense of the public good. What say do the people of South Australia get? None. What say does the parliament get? You guessed it: we get no say whatsoever.

Last year, when the Liberals announced their plans to rezone the Adelaide Parklands to allow further commercial development along the Riverbank, I introduced a private members' bill that would have prevented rezoning of our Parklands without parliamentary approval. What happened to that bill, you may ask. Well, it was blocked. Surprise, surprise: it was blocked by the Labor and Liberal parties, the two parties that are in the pocket of the development class in our state.

The reason is very clear: both the major parties want an unfettered right to develop our public land, to carve off the Parklands and sell them off to the highest bidder. It is an absolute disgrace. The community is ill served by this planning regime, and I urge the government to think again, to listen to the will of the community when it comes to our public spaces, to reject a proposal for yet another office tower on the Festival Plaza, to actually show some imagination when it comes to our public space, to treat the community with the respect they deserve and give them a say, and to stop giving away our public land to developers.

7 September 2022

The Hon. R.A. SIMMS: I move:

That this council—

1. Notes that the state government is undertaking a review of the Residential Tenancies Act.

2. Recognises that the voices of renters should be included in all deliberations.

3. Calls on the Malinauskas government to:

(a) end no-cause evictions;

(b) introduce rent capping to protect vulnerable people from unfair rent hikes;

(c) give renters security and stability through long-term tenancies;

(d) prohibit 'no pets' clauses in leases;

(e) end rent bidding that forces unfair rent increases; and

(f) ensure all homes meet energy efficiency and ventilation standards.

The motion I am moving today recognises that the state government is undertaking a review of the Residential Tenancies Act, notes that the voice of renters should be included in the government's deliberations and calls on the government to address some of the serious issues with the Residential Tenancies Act in South Australia.

The Greens, for some time, have been calling on this Labor government and, indeed, the previous Liberal government, to bring South Australia into line with other jurisdictions across our country by:

ending no-cause evictions;

introducing rent capping to protect vulnerable people;

providing security and stability for renters through providing for longer term tenancies;

prohibiting 'no pets' clauses in leases, which we know force many people into homelessness and also force pets out onto the street;

ending rent bidding, which forces unfair increases; and

ensuring that homes meet energy efficiency and ventilation standards.

I want to commend the Malinauskas government for undertaking a review of the Residential Tenancies Act. It is well overdue. Last month, I was given the opportunity to observe a round table convened by the minister and the consumer commissioner, Dini Soulio, to look at the Residential Tenancies Act, and that included a range of stakeholders.

I was concerned, however, that the Anti-Poverty Network was not included in those discussions because we know that what happens in the rental market has a huge impact on poverty and that people who are forced out of residential tenancies are often plunged into homelessness, particularly in the middle of this rental crisis. It was an oversight of the government to not include the Anti-Poverty Network in those deliberations, and the Greens are very keen to ensure that the voice of renters is front and centre of this review. I urge the government to ensure that they are talking to those who are directly impacted by the Residential Tenancies Act.

We know that for far too long this act has been skewed in favour of landlords. That is the way our system works. One of the big problems we face in South Australia are no-cause evictions, which allows a landlord, at the end of a fixed-lease tenancy, a 12-month tenancy, to say, 'Well, that's it; you're out.' We know that what that means is that a number of tenants are reluctant to come forward with legitimate issues concerning their tenancy.

I have had many constituents contact me, not only as a member of this place but also in my former life as an Adelaide City councillor, a number of tenants contacting me talking about issues that they have had in getting their landlord to make basic changes to the property or to undertake basic maintenance. Many of these tenants are in fear of taking a landlord through to the tribunal because they are worried that they are going to earn a reputation as a bad tenant, that they are not going to have their lease renewed and that they are going to find themselves homeless. This is a situation that is exacerbated by the record low vacancy rate we have in South Australia.

I welcome the review, but it is integral that the government consults with renters, the people who are directly affected, and it is integral that they take the action that is needed to fix our Residential Tenancies Act so that South Australians do not find themselves in a situation where they have less protections than their counterparts in other states.