This policy relates to the Residential Tenancies Act, NSW 2010.
The purpose of this policy is to provide guidance to staff on the principal reasons for, and the process required when issuing an Exclusion Order.
- Exclusion Order – An official Civil order excluding a person from a particular place, principally to prevent a crime being committed or placing a tenancy at risk.
This policy applies to all tenants of housing managed by SCH.
SCH has zero tolerance to anyone accessing and/or residing in a SCH property who behaves in a manner that is Illegal, violent, threatening, or abusive towards tenants, neighbours, staff, or a representative of SCH (including contractors). Tenants are expected to meet the requirements and responsibilities of their Tenancy Agreement and the Residential Act NSW (2010).
SCH reserves the right to approve all occupants who reside at any property managed by SCH.
SCH may issue an Exclusion Order to a person because of a safety risk to a current tenant, neighbour, staff, or a representative of SCH (including contractors), or places a tenancy at risk.
Where action can be taken within the Residential Tenancy Act 2010, this option will be considered the appropriate option. Exclusion orders will only be issued to a person who is not recognised as having tenancy or authorised occupant status.
An Exclusion Order may be issued with or without the consent of the Primary Tenant.
SCH will take legal action to enforce an Exclusion Order including Police action. Any person who breaches an Exclusion Order issued by SCH may be charged with trespass.
SCH will notify in writing, the person(s) who are excluded from a SCH property, informing them of the Exclusion Order being issued, including the avenues for appeal. A tenant who allows a person who has been excluded to attend or reside at the property they have been excluded from, may place their tenancy at risk under the Residential Tenancies Act.
The Tenancy Team Managers are responsible for ascertaining if an Exclusion Order is potentially necessary, seeking approval from the Chief Operating Officer and/or the NSW Housing Services Manager prior to the Exclusion Order being issued.