Queensland Consolidated Acts
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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 422
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
Mornington Shire Council; or
(iv) an entity prescribed under a regulation;
(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
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