{"id":"BILL-TAS-residential-tenancy-amendment-safety-modifications-bill-2025-59-of-2025","name":"Residential Tenancy Amendment (Safety Modifications) Bill 2025","slug":"residential-tenancy-amendment-safety-modifications-bill-2025","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446203,"registerId":"BILL-TAS-residential-tenancy-amendment-safety-modifications-bill-2025-59-of-2025:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:53.622Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Residential Tenancy Amendment (Safety Modifications) Bill 2025\n\n[Bill 59]-IX\nTASMANIA\n__________\nRESIDENTIAL TENANCY AMENDMENT\n(SAFETY MODIFICATIONS) BILL 2025\n__________\nCONTENTS\n1. Short title\n2. Commencement\n3. Principal Act\n4. Section 3 amended (Interpretation)\n5. Section 54 amended (Alterations, additions and fixtures)\n6. Sections 54A, 54B and 54C inserted\n54A. Safety modification permitted\n54B. Order of Commissioner in respect of safety\nmodification\n54C. Appeal to Tribunal in respect of safety modification\norder\n7. Repeal of Act\n\n2\n\n[Bill 59] 3\nRESIDENTIAL TENANCY AMENDMENT\n(SAFETY MODIFICATIONS) BILL 2025\n(Brought in by the Minister for Small Business, Trade and\nConsumer Affairs, the Honourable Guy Barnett)\nA BILL FOR\nAn Act to amend the Residential Tenancy Act 1997\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\n1. Short title\nThis Act may be cited as the Residential\nTenancy Amendment (Safety Modifications) Act\n2025.\n2. Commencement\nThe provisions of this Act commence on a day\nor days to be proclaimed.\n3. Principal Act\nIn this Act, the Residential Tenancy Act 1997* is\nreferred to as the Principal Act.\n_______________________________________________________________\n*No. 82 of 1997\n\nResidential Tenancy Amendment (Safety Modifications) Act 2025\nAct No. of 2025\ns. 4\n4\n4. Section 3 amended (Interpretation)\nSection 3(1) of the Principal Act is amended as\nfollows:\n(a) by inserting the following definition after\nthe definition of agent:\napproved form means a form that is\napproved by the Commissioner;\n(b) by inserting the following definition after\nthe definition of residential tenancy\nagreement:\nsafety modification, in relation to\npremises, means the affixing of\nan item of furniture to those\npremises for the purposes of\navoiding the risk of injury or\ndeath to a person from the\nmovement of that furniture;\n(c) by inserting the following definition after\nthe definition of tertiary student:\nTribunal means the Tasmanian Civil\nand Administrative Tribunal;\n5. Section 54 amended (Alterations, additions and\nfixtures)\nSection 54 of the Principal Act is amended by\ninserting after subsection (3) the following\nsubsection:\n\nResidential Tenancy Amendment (Safety Modifications) Act 2025\nAct No. of 2025\ns. 6\n5\n(4) This section does not apply to a safety\nmodification to which section 54A\napplies.\n6. Sections 54A, 54B and 54C inserted\nAfter section 54 of the Principal Act, the\nfollowing sections are inserted in Part 5:\n54A. Safety modification permitted\n(1) In this section –\npermanent damage includes –\n(a) damage that cannot be remedied;\nand\n(b) damage that affects premises that\nhave historic cultural heritage\nsignificance within the meaning\nof the Historic Cultural Heritage\nAct 1995; and\n(c) a type of damage prescribed for\nthe purposes of this definition.\n(2) Subject to subsection (3), a tenant of\nresidential premises may make a safety\nmodification to those premises without\nthe consent of the owner of the premises,\nprovided that the safety modification\ndoes not contravene any other law in\nrespect of modifications to premises.\n(3) Despite subsection (2), if a safety\nmodification is likely to cause permanent\n\nResidential Tenancy Amendment (Safety Modifications) Act 2025\nAct No. of 2025\ns. 6\n6\ndamage to premises, the tenant of those\npremises is to request the consent of the\nowner of the premises to the safety\nmodification before undertaking the\nsafety modification.\n(4) An owner who receives a request for\nconsent under subsection (3) must give\nconsent, or refuse to give consent, within\n14 days after receiving the request.\n(5) Consent sought under subsection (3) –\n(a) must not be refused\nunreasonably; and\n(b) if not given or refused within the\ntime period specified in\nsubsection (4), is taken to have\nbeen given immediately after the\nexpiry of that period.\n(6) A tenant may remove any safety\nmodification that the tenant has made to\nthe premises unless the removal is likely\nto cause permanent damage to the\npremises.\n(7) If the tenant causes any damage to the\npremises by removing any safety\nmodification, the tenant is to –\n(a) notify the owner as soon as\npracticable; and\n(b) at the owner’s option –\n\nResidential Tenancy Amendment (Safety Modifications) Act 2025\nAct No. of 2025\ns. 6\n7\n(i) repair the damage; or\n(ii) compensate the owner for\nany reasonable expenses\nincurred by the owner in\nrepairing the damage.\n54B. Order of Commissioner in respect of safety\nmodification\n(1) If an owner of residential premises\nrefuses to give consent to a safety\nmodification requested under\nsection 54A(3) in relation to those\npremises, and the tenant of those\npremises believes the refusal to be\nunreasonable in the circumstances, the\ntenant may apply to the Commissioner\nfor an order to authorise the making of\nthe safety modification.\n(2) An application under subsection (1) is\nto –\n(a) be in an approved form; and\n(b) specify the safety modification\nrequested.\n(3) The Commissioner, as soon as\npracticable after receiving an application\nunder subsection (1) in relation to\npremises, is to notify the owner of the\npremises of the application.\n(4) The Commissioner may –\n\nResidential Tenancy Amendment (Safety Modifications) Act 2025\nAct No. of 2025\ns. 6\n8\n(a) make an order (a safety\nmodification order) authorising\nthe making of a safety\nmodification, if the\nCommissioner is satisfied that a\nrefusal to give consent to the\nmaking of the safety modification\nis unreasonable in the\ncircumstances; or\n(b) refuse to make such an order.\n(5) The Commissioner, within 3 days of\nmaking a safety modification order, or\nrefusing to make such an order, is to\nnotify the tenant, and the owner, of the\npremises to which the order relates –\n(a) that the Commissioner has made,\nor refused to make, the order; and\n(b) of the reasons for making, or\nrefusing to make, the order; and\n(c) of the right to appeal that decision\nin accordance with section 54C;\nand\n(d) that, if an order has been made,\nthe order takes effect on the day\nafter the end of the 14-day period\nbeginning on the day after the day\non which notice of the order was\ngiven under this subsection,\nunless the order is appealed under\nsection 54C.\n\nResidential Tenancy Amendment (Safety Modifications) Act 2025\nAct No. of 2025\ns. 7\n9\n54C. Appeal to Tribunal in respect of safety\nmodification order\n(1) On application from an owner, or tenant,\nin relation to residential premises who is\naggrieved by an order made by the\nCommissioner under section 54B, the\nTribunal has the jurisdiction to review\nthat order.\n(2) An application made under\nsubsection (1) must be made within the\n14-day period beginning on the day after\nthe day on which notice of the order was\ngiven under section 54B(5).\n(3) For the avoidance of doubt, the review,\nby the Tribunal, of an order specified in\nsubsection (1) is –\n(a) within the review jurisdiction of\nthe Tribunal; and\n(b) allocated to the Civil and\nConsumer stream of the General\nDivision of the Tribunal.\n7. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which the last uncommenced\nprovision of this Act commenced.\nGovernment Printer, Tasmania","sortOrder":0}],"analysis":{"summary":{"status_summary":"The Residential Tenancy Amendment (Safety Modifications) Bill 2025 has been introduced in the Tasmanian House of Assembly and has not yet been passed.","complexity_score":5,"likely_questions":["What exactly counts as a 'safety modification'? Does it include only fixing furniture to walls, or also other anchoring methods?","How is 'permanent damage' defined beyond the examples given, and who decides if a modification is likely to cause it?","What is the approved form for an application to the Commissioner, and where is it available?","What happens if an owner disputes the tenant's repair costs for damage from removal?","Does the Bill apply to boarding houses, short-stay accommodation, or social housing properties?","Can a landlord include a term in the lease that restricts safety modifications beyond the Bill's provisions?"],"complexity_factors":["Introduces a new defined term 'safety modification' with specific scope","Creates a layered consent regime: no consent needed unless permanent damage is likely, then a 14-day deemed consent rule","Establishes a dispute pathway via Commissioner and Tribunal with prescribed timeframes and appeal rights","Includes a reference to historic cultural heritage significance and prescribed damage types, adding interpretive complexity","Interacts with existing section 54 of the principal Act, requiring cross-referencing"],"plain_english_summary":"The Bill lets tenants install furniture-anchoring “safety modifications” without landlord consent unless the change would likely cause “permanent damage” (including to heritage-listed property). Landlords must respond to consent requests within 14 days or consent is deemed; refusals can be challenged before the Consumer Affairs Commissioner, with appeals to the Tribunal. It shifts default control from owners to tenants to encourage safer homes while creating new procedural and dispute costs for both parties."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The amendment expands tenant rights compared with the prior framework by creating an express statutory permission for tenants to attach furniture for safety without owner consent in most cases (s.54A(2)). It narrows landlord control over alterations by: (a) providing deemed consent if landlords do not respond within 14 days (s.54A(4)–(5)); (b) creating an administrative pathway for tenants to obtain Commissioner orders when consent is refused (s.54B); and (c) establishing Tribunal review (s.54C). These additions move the law beyond a pure consent-based model for alterations into a regime that authorises tenant action, sets decisionmaking timeframes, and substitutes administrative authorisation where owners’ refusals are judged unreasonable. The change is targeted (safety-related attachments) but significant in scope for owner–tenant consent dynamics and dispute resolution."},"complexity_factors":["Short bill length but introduces 3 new substantive sections (54A–54C) and amendments to interpretation (s.4) and s.54 (s.5).","3 new defined terms inserted (approved form; safety modification; Tribunal) and a multipart definition of \"permanent damage\" with cross-reference to Historic Cultural Heritage Act 1995 (s.4, s.54A(1)).","Multiple conditional branches: tenant may act without consent (s.54A(2)), must seek consent if likely to cause permanent damage (s.54A(3)), owner deemed consent if no response (s.54A(4)–(5)).","Several timeframes to track and sequence: 14‑day owner response (s.54A(4)), 3‑day Commissioner notification after decision (s.54B(5)), 14‑day appeal window and 14‑day delay to order taking effect (s.54B(5), s.54C(2)).","Administrative process requirements: use of an approved form for applications (s.54B(2)) and Commissioner discretion to determine “unreasonable” refusals (s.54B(4)).","Cross-jurisdictional/legislative reference to heritage law (Historic Cultural Heritage Act 1995) and a power to prescribe additional categories of permanent damage (s.54A(1)).","Sunset clause repealing the Act one year after the last uncommenced provision commences (s.7) — creates temporal complexity for implementation and review. "],"plain_english_summary":"**What this bill changes, mechanically**\n\n- Adds new definitions to the Residential Tenancy Act 1997: “approved form”, “safety modification” (attaching furniture to premises to avoid injury or death), and “Tribunal” (Tasmanian Civil and Administrative Tribunal) (s.4).\n- Carves safety modifications out of the general alterations rules by stating that section 54 (alterations, additions and fixtures) does not apply where the new safety-modification rules do (s.5).\n- Allows a tenant to install a safety modification without the owner’s consent unless the modification is likely to cause “permanent damage” to the premises (s.54A(2)–(3)).\n  - “Permanent damage” includes irreparable damage, damage to premises with historic cultural heritage significance, and any other types prescribed by regulation (s.54A(1)).\n  - If a safety modification is likely to cause permanent damage, the tenant must request the owner’s consent before doing the work (s.54A(3)).\n  - An owner must give or refuse consent within 14 days; refusal must not be unreasonable, and failure to respond within 14 days is taken as consent (s.54A(4)–(5)).\n- Tenants may remove a safety modification unless removal is likely to cause permanent damage; if removal causes damage, the tenant must notify the owner and either repair or compensate for reasonable repair costs at the owner’s option (s.54A(6)–(7)).\n- If an owner refuses consent and the tenant considers the refusal unreasonable, the tenant may apply to the Commissioner for an order authorising the modification (s.54B(1)).\n  - The application must be in an approved form and specify the modification (s.54B(2)).\n  - The Commissioner must notify the owner, can make a safety modification order if the refusal was unreasonable, or refuse to make an order (s.54B(3)–(4)).\n  - The Commissioner must notify both parties within 3 days of making or refusing an order, give reasons, advise of the appeal right, and state that an order (if made) takes effect after a 14-day period following notice unless appealed (s.54B(5)).\n- Either party aggrieved by the Commissioner’s order may seek review by the Tribunal (Tasmanian Civil and Administrative Tribunal) within 14 days after notice (s.54C).\n- The Act self-repeals one year after the last uncommenced provision of the Act commences (sunset clause) (s.7).\n\n**Who this affects**\n\n- Tenants of residential premises who want to affix furniture (for example, secure tall cabinets, bookcases or similar) to reduce risk of injury or death (s.54A(2)).\n- Property owners/landlords and their agents, who must respond to consent requests within statutory timeframes and may have consent deemed given if they do not respond (s.54A(4)–(5)).\n- The Commissioner (administrative workload for applications and decisions) and the Tribunal (appeals/reviews) (s.54B–54C).\n\n**Why it matters (stated purpose and practical effects)**\n\n- The bill’s stated legal mechanism permits tenants to make safety-related attachments without needing the owner’s prior consent in most cases (s.54A(2)). That is an explicit change to the default consent regime in rental law (s.5).\n- It creates a low-friction pathway for tenants to obtain an administrative authorisation if an owner refuses consent deemed unreasonable (s.54B).\n- It limits unilateral tenant action only where a modification is likely to cause “permanent damage” (defined in s.54A(1)).\n\n**Implementation, incentives and trade-offs**\n\n- Administrative burden and discretion: The Commissioner must assess applications, notify owners and may make orders; the new process creates extra administrative work and introduces decisionmaking discretion about what counts as an “unreasonable” refusal (s.54B(4)). The Tribunal has an explicit review role (s.54C).\n- Time incentives: statutory time limits (14 days for owners to respond to consent requests (s.54A(4)); 3 days for Commissioner to notify parties of a decision (s.54B(5)); 14-day appeal period (s.54C(2))) create predictable, short timelines but may pressure owners and the Commissioner to act quickly.\n- Allocation of costs and risks: the bill does not require owners to fund installation. Tenants are required to repair or compensate for damage caused by removal of a modification (s.54A(7)). Owners bear the risk of a tenant-made modification during occupation if they either consent or fail to respond in time (s.54A(5)).\n- Property value and heritage protections: the definition of permanent damage expressly protects premises with historic cultural heritage significance by requiring owner consent for changes likely to cause that kind of damage (s.54A(1)(b)).\n- Legal uncertainty and dispute drivers: terms such as “unreasonable” and “likely to cause permanent damage” will generate factual disputes and potentially more triage work for the Commissioner and Tribunal (s.54A(1), s.54B(4)). The presence of a prescribed category of permanent damage (s.54A(1)(c)) adds future regulatory detail that could alter application.\n- Effects on contract freedom and landlord control: the amendment narrows a landlord’s veto over certain safety-related attachments by tenants (s.54A(2)–(5)). That reduces owner control over some fixtures while preserving a route to require consent where permanent damage may result (s.54A(3)).\n\n**Concrete risks, costs and likely behaviours**\n\n- Tenants are likely to rely on the statutory 14-day deemed consent rule in straightforward cases where a modification would not cause permanent damage (s.54A(5)).\n- Owners may respond by tightening lease terms, requiring pre-approval notices, or more actively documenting property condition to argue that a modification would cause permanent damage.\n- The Commissioner and Tribunal will shoulder case-management and decision costs for disputes about “unreasonable” refusals and the permanence of damage (s.54B–54C).\n- The sunset clause (s.7) limits the duration of these changes to a maximum of one year after final commencement, creating a short window for the policy to operate unless re-enacted or extended (s.7).\n\n**What to watch in practice**\n\n- How “unreasonable” refusal is interpreted in Commissioner decisions and Tribunal reviews (s.54B(4), s.54C). This will determine how often owners lose formal veto rights.\n- The scope of any regulations that prescribe further types of “permanent damage” (s.54A(1)(c)).\n- Administrative capacity at the Commissioner’s office and the Tribunal to handle applications and appeals within the short statutory periods (s.54B(5), s.54C(2)).\n\n(References in parentheses are to the inserted or amended sections: s.4 (definitions), s.5 (carve-out), s.54A (safety modification rules), s.54B (Commissioner order), s.54C (Tribunal review), s.7 (repeal/sunset).)"}},"importantCases":[],"_links":{"self":"/api/acts/residential-tenancy-amendment-safety-modifications-bill-2025","history":"/api/acts/residential-tenancy-amendment-safety-modifications-bill-2025/history","analysis":"/api/acts/residential-tenancy-amendment-safety-modifications-bill-2025/analysis","conflicts":"/api/acts/residential-tenancy-amendment-safety-modifications-bill-2025/conflicts","importantCases":"/api/acts/residential-tenancy-amendment-safety-modifications-bill-2025/important-cases","documents":"/api/acts/residential-tenancy-amendment-safety-modifications-bill-2025/documents"}}