Queensland Consolidated Acts

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Application of Aboriginal tradition

422 Application of Aboriginal tradition

(1) This section applies if—
(a) the lessor is—
(i) an indigenous local government, including an indigenous regional council, under the Local Government Act 2009 ; or
(ii) Aurukun Shire Council; or
(iii) Mornington Shire Council; or
(iv) an entity prescribed under a regulation; and
(b) the tenant is an Aborigine.
(2) In deciding an application for a termination order, a tribunal must have regard to the lessor’s practice (the
"lessor’s Aboriginal tradition practice" ) in observing Aboriginal tradition in dealing with similar breaches of other residential tenancy agreements by other tenants of the lessor.
(3) In considering Aboriginal tradition, the tribunal may hear evidence from, and the opinions of—
(a) persons recognised under Aboriginal tradition as respected persons; or
(b) other persons with special knowledge of, or expertise in, Aboriginal tradition.
(4) The opinion of persons mentioned in subsection (3) are not inadmissible as evidence merely because they are hearsay.
(5) The tribunal may decide not to make the termination order if it would be inconsistent with the lessor’s Aboriginal tradition practice.

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